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Home My WebLink About1992-10-13 - AGENDA REPORTS - APPEAL MC 92 103 (2)AGENDA REPORT PUBLIC HEARING DATE: October 13, 1992 City Manager Item to be presented by: Lynn M. Harris Y��&Ikto SUBJECT: Appeal of the Planning Commission's denial of Master Case 92-103 (Map Revision - Tract 46878) to allow for the revision of Conditlon Nos. 27 and 29 of approved Tentative Tract Map 46878. The conditions are related to the extension and dedication of mainline sewers to service the project. Applicant: Mr. Richard Smith DEPARTMENT: Community Development On August 18, 1992, the Planning Commission adopted Resolution P92-30 formally denying the above referenced project. The project site is located in Placerita Canyon, bounded by Placeritos Boulevard, North Cast Avenue, Oak Orchard Road, and Aden Avenue. On August 7, 1990, the Planning Commission approved Tentative Tract Map 46878, Oak Tree Permit 89-018, and recommended approval of Zone Change 89-003 to the City Council. The City Council later approved Zone Change 89.003. The purpose of the applications was to change the zone of the subject property from A-2.1 (Heavy Agriculture, one acre minimum lot size) to A-1-20,000 (Light Agriculture, 20,000 square foot minimum lot size) to allow for the subdividing of the property Into 16 single family residential lots. The oak tree permit granted the removal of two of the four oak trees on the property. The project density Is consistent with the City's General Plan Land Use Designation of Residential Low. Condition Nos. 27 and 29, as summarized, require the applicant to extend the available public sewer to serve all the lots of the subdivision. A preliminary study prepared by a previous project (Tract 45979) provided the City with cost estimates for extending the sewer to the project site. Costs were associated with obtaining off-site easements, the necessity for lifting stations, and the extension of a sewer line approximately 5,000 linear feet. The costs associated with the extension significantly affected the viability of the projects. Similar conditions were also placed on Tract 45979 (Veluzat), which is located In the Immedlate area of the subject project. Tract 45979 Is similar in design and has the same density as the subject project. At the time these conditions were placed on the projects, It was staff's belief that both applicants would have the ability to share costs associated with this extension with other subdividers In the area. This ability has not materialized, leaving both projects with the burden of extending the sewer. The Commission, approximately one year ago, granted a modification to Tract 45979 allowing them to pay an in -lieu fee based upon the project's fair share for the Installation of the future sewer Improvement. This fee Is approximately $170,000. C� Agcn,LaItem:____�___ PLANNING COMMISSION ACTION The project was heard by the Planning Commission on August 4, 1992. Issues raised at the meeting were related to area circulation and the necessity for sewer In the Placerita Canyon area. No persons spoke in opposition to the request. The applicant's engineer spoke in favor of the request and staff did not receive any letters related to the project. Following the hearing, the Commission Indicated that the circumstances in Placerita Canyon had changed and questioned their previous decision of granting Tract 45979 a revision, allowing them to pay a fee in -lieu of extending the sewer. The Commission cited the Importance of providing public sewage to the area residents, prior to additional development. The Commission strongly believed that the In -lieu fee would not accomplish this action. ANALYSIS Based on the reasons cited by the Commission In Its denial, staff conducted further analysis on the use of an in -lieu fee and whether it would eventually ensure public sewers in Placerita Canyon. If both Tracts 45979 (Veluzat) and 46878 (Smith) were to pay a.fee In -lieu of installing sewers the City would receive approximately $340,000. Once a proposed project is scheduled and approved In the City's 5 -year Capital Improvement Program, this amount could fund the following: 1) Final engineering design for a sewage system within Placerita Canyon; apd, 2) Pay for the costs associated with "setting up" an assessment district; and, 3) Construct a portion of the sewer system. This Information was not available at the Planning Commission hearing and could be viewed as progress in eventually providing a public sewage system to the residents of Placerita Canyon. OPTIONS The City Council may: 1) Uphold the Planning Commission's decision, denying the map revision; 2) Approve the revision, directing staff to prepare a resolution forthe Council's consideration. RECOMMENDATION The Planning Commission recommends that the City Council: 1) Deny Master Case 92-103 (Map Revision - Tract 46878), 2) Direct staff to prepare a resolution of denial for the Council's consideration at the October 27, 1992 meeting. ATTACHMENTS Resolution P92.30 Planning Commission Staff Report Minutes August 4, 1992 Commission meeting GEA:II counclW46878.gea PUBLIC 9EARINC ?ROCEDUU. 1. Mayor Opens Hearing a. States Purpose of Hearing Z. City Clerk Reports on Hearing Notice 3. Staff Report (City -Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) S. 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 PUBLIC HEARING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A MAP REVISION TO TENTATIVE TRACT MAP 46878 THE PROJECT IS LOCATED IN PLACERITA CANYON BOUNDED BY PLACERITOS BLVD. NORTH CAST AVENUE, OAK ORCHARD RD. AND ADEN AVENUE THE APPLICANT IS RICHARD SMITH PUBLIC NOTICE IS BEREB Y GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita to consider an appeal of the Planning Commission's denial of a map revision to Tentative Tract Map 46878. The applicant is appealing the Planning Commission's denial of a revision to Condition Nos. 27 & 29 of approved Tentative Tract 46878. Condition Nos. 27 & 29 are related to the installation and dedication of main line sewers to service the project. The project is located in Placerita Canyon, bounded by Placeritos Blvd., North Cast Avenue, Oak Orchard Road, and Aden Avenue. The applicant is Mr. Richard Smith. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., let Floor, Santa Clarita, the 13th day of October, 1992, 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 City Council, at, or prior to the public hearing. Date: September 25, 1992 Donna M. Grindey,.CMC City Clerk Publish Date: September 26, 1992 RESOLUTION NO. P92-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DENYING MASTER CASE NO.92-103, A REVISION TO APPROVED TENTATIVE TRACT MAP 46878 (AMENDING CONDITION NUMBERS 27 AND 29, WHICH ARE RELATED TO THE EXTENSION AND DEDICATION OF A SEVER LINE TO SERVICE THE PROJECT) THE PLANNING COMMISSION OF THE CITY. OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: a. Applications for a zone change. tentative tract map, and oak tree permit were filed at the City of Santa Clarita by Dick Smith on April 5, 1989. The purpose of the applications was to change the zone of the subject property from A-2-1 to A-1-20,000 to allow for the subdividing of the property. into 16 single family residential lots. Additionally, the site contains four oak trees, two of which were proposed to be removed. b. A duly noticed public hearing was held on Tuesday, August 7, 1990 at the City of Santa Clarita City Council Chambers, 23920 Valencia Boulevard, Santa Clarita at 6:30 p.m. C. On August 7, 1990, the Planning Commission, after considering all of the written and oral testimony presented at the hearing, approved Tentative Tract Map 46878, Oak Tree Permit 89-018, and recommended approval of Zone Change 89-003 to the City Council. An integral part of the project was the requirement to extend the sewer line to service.the project. d. An application for a map revision to .amend condition numbers 27 and 29 of Tentative Tract Map 46878 was filed with the City of Santa Clarita by Mr. Dick Smith on June 5, 1992. The property for which this application has been filed is located in Placerita Canyon, bounded by Placeritos Boulevard, North Cast Avenue, Oak Orchard Road, 'and Aden Avenue, a legal description of which is on file in the Department of Community Development. e. Condition Nos. 27 and 29 on TTM 46878 each reads as follows: The sdbdivider shall install and dedicate main line sewers and serve each lot/unit with a separate house lateral or have approved and bonded sewer plans. on file with the Department of Community Development. Reso P92-30 Page 2 Off site improvements are tentatively required. The applicant shall extend the available public sewer to serve all lots. f. On August 4, 1992, the Planning Commission conducted a duly noticed hearing on the Application For Amendment, ,and duly considered all of the oral and written testimony presented at the public hearing. 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 further finds as follows: a. The approval of Tentative Tract Map 46878 and Oak Tree Permit 89-018 was based, in part, on the extension of the sever line to the project. b. The requirement to extend the sewer line .to the project was necessary to protect the health, safety and welfare of the persons -in the surrounding area. c. The proposed amendment to the conditions, which would provide for the payment of an in -lieu fee to replace the extension of the sewer, will not provide the extension of the sewer line to the project, nor make future public sewage possible for residents of the immediate area. d. The site is not physically suitable for the proposed density of development without the extension of a sewer line to service the project. SECTION 3. Based upon the foregoing facts and. findings, this Planning Commission hereby determines as follows: The proposed amendments would be adverse to the health, safety and welfare of the community in that they would allow the project to proceed and would not provide. the extension of a sewer line to the project site. SECTION 4. The requested amendments to. conditions 27 and 29 are denied, and the conditions as adopted by Resolution P90-36 shall remain in full force and effect. Reso P92-30 Page 3 PASSED, APPROVED AND ADOPTED this 18th day of August , 1992. jj 1A i, Jack Woodrow, Chairman Planning Commission ATTEST: L M. Harris Di ctor of Community Development STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) I, Donna M. Grindey, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the 18th day of August 1992 by the following vote of the Planning Commission: AYES: COMMISSIONERS: Woodrow, MOdugno, Q:errington. NOES: COMMISSIONERS: Doughman, Brathwaite. ABSENT: COMMISSIONERS: None GEA:590 MINUTES OF PLANNING COMMISSION OF THE CITY OF SANTA CLARITA Tuesday August 4, 1992 7:00 p.m. NEW BUSINESS ITEM 6: MASTER CASE NO. 92-103 (REVISION TO TRACT MAP 46878, CONDITION NOS. 27 AND 29) - located in Placerita Canyon, bounded by Placeritas Boulevard, North Cast Avenue, Oak Orchard Road, and Aden Avenue. Principal Planner Henderson Introduced the item. Assistant Planner Adamick gave a brief presentation and slide show. Discussion ensued among the Commission and staff. Chairman Woodrow opened the public hearing at 7:45 p.m.. Speaking in favor was: Don Hale, 26017 Huntington Lane, Valencia, California. Chairman Woodrow closed the public hearing at 7:46 p.m.. Discussion ensued among the Commission and staff regarding time extensions, sewer Issues and circulation Issues. Commissioner Cherrington motioned to deny the map revision and come back with a resolution of denial at the next regularly scheduled Planning Commission Meeting of August 18, 1992, Commissioner Modugno seconded the motion and It was carried by a vote of 4-1, with Commissioner Brathwalte dissenting. CITY OF SANTA CLARITA STAFF REPORT MASTER CASE 92-103 REVISION TO TENTATIVE TRACT MAP 46878 (CONDITION NOS. 27 AND 29) DATE: August 4, 1992 T0: Chairman WQodrov and Members 1,�hg Planning Commission of FROM: Lynn M. Harris, Director of Community Development PROJECT PLANNER: Glenn Adamick, Assistant Planner II APPLICANT: Mr. Richard Smith LOCATION: Located in Placerita Canyon, bounded by Placeritos Boulevard, North Cast Avenue, Oak Orchard Road, .and Aden Avenue. REQUEST: The applicant is requesting a revision to Condition Numbers 27 and 29 of approved Tentative Tract Map 46878, which was previously approved by the Planning Commission on August 7, 1990. The conditions..are related to the extension and dedication of a sewer line to service the project. BACKGROUND On August 7, 1990, the Planning Commission approved Tentative TractMap 46878 which consisted of 16 lots on 10 acres. Zone Change 89-003 was also considered and recommended for approval by the Planning Commission. The City Council approved Zone Change 89-003 on November 13, 1990. The zone change was from A-2-1 (Heavy Agriculture, one acre minimum lot size) to A-1-20,000 (Light.Agriculture, 20,000 square foot minimum lot size). The Commission previously granted a similar request for Tract 45979 (Veluzat) approximately one year ago. Tract 45979 is similar in design and has the' same density as the subject project. The applicant for Tract 45979 completed a preliminary study illustrating the costs associated with the extension of the sewer. Costs were related to obtaining easements, the necessity for lifting stations, and the extension of a sewer line approximately 5,000 linear feet. At that time it was staff's belief that both applicants would have the ability to share costs associated with the extension of the sewer with other subdividers in the area. This has not materialized. Comments provided by the Health Department on the original subdivision request indicated that private sewage disposal was satisfactory provided that the applicant installed dry sewers within the project. igenda Items Page 2 Attached, staff has included the letter from the applicant's agent requesting the map revision. The letter is only directed at condition number 27. Condition number 29 also requires the extension of the, sewer to the project and would need to be amended if approval of. the applicant's request is considered. ANALYSIS In the report prepared for Tract 45979, staff informed the Commission that there was one additional project (the subject project) that was conditioned to extend the sewer. Staff also added that the applicant for this project had not formally requested a map revision. Staff, after reviewing the information associated with the map revision request for Tract 45979, believed the extension of the sewer line would be too costly for either or both developments to complete. Staff recommends the Commission require the applicant to pay an in -lieu fee (based upon a standard policy of providing sewer lines of 200 feet, times the number of proposed dwelling units) thereby ensuring that a sewage system will eventually be in place in Placerita Canyon. The Engineering Division has reviewed the request and determined that an in -lieu fee (as required for Tract 45979) is a viable alternative to the construction of the off-site sewer improvements. This in -lieu fee provides the City with the opportunity to obtain a "fair" share for the installation of future sewer improvements while not penalizing the applicant with a condition that cannot feasibly be satisfied. The Health Department has also commented on the request indicating that the site is suitable for private sewage disposal. Conditions 27 and 29 read as follows: 27) The subdivider shall install and dedicate main line sewers and serve each lot/unit with a separate house lateral or have approved and bonded sewer plans on file with the Department of Public Yorks. 29) Off-site improvements are tentatively required. The applicant shall extend the available public sewer to serve all lots. Staff recommends that the Planning Commission combine and amend the above conditions to read as follows: The applicant shall install, or guarantee the installation of, a suitable private on-site sewerage disposal system to service each lot within *the land division. Additionally, the applicant shall pay an in -lieu fee.(equivalent to the cost for installation of 3,200 linear feet of sewer) to .the City of Santa Clarita and install dry sewers within the tract, as indicated on a sewer plan approved by the City Engineer. Adopt Resolution No. P92-30, amending condition numbers 27 and 29 to read as indicated within the staff report. GEA: 582 NEL W db OAK OR'-HAKD RD. ^CEN AVE. 3USJEGT PgveErTY r aK5 AM. PLACEICITo5 gLvD. r� T, \ / [VIMSTY MAP/xar roscmu TENTATIVE TRACT "° 46878 In k /-\\,, � Project Proximity Map TTM 46878 a HALE ASSOCIATES, Inc. E Consulting Engineers June 4, 1992 Community Development Department City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 ATTN: Mr. Glenn Adamick Assistant Planner II Dear Mr. Adamick; RECE1v ED , 00MUNt S,,p(P "OM Huntington Lane, Suite 8 c+n of Valencia; California 91355 Telephone: (805) 2954400 Fax: (805) 2951602 Sewer Requirements for TENTATIVE TRACT 46878 As we discussed on the telephone, the owners of Tract 46878 are hereby requesting a modification to the Conditions of.Approval'for their Tract Map. The applicant's fee of $450 is attached. Condition #27 currently states: The subdivider shall install and dedicate main line sewers and serve each lot/unit vith a separate house lateral or have approved and bonded sever plans on file vith the Department of Public Forks. We request that Condition #27 be modified to allow the payment of an "in -lieu fee" for the sewer system rather than require installation. We have researched the installation of a main line sewer and have determined that the engineering and economic factors required to serve their property make installation infeasible. Our understanding is that a similar project in this area, Tract. 45979, was granted a modification to the sewer condition. Please review this request and contact me if you need further information. Encl. cc: Mr. Hal Kliegman Mr. Richard Smith File (2) Sincerely, ' V 4j2_ D. E. HALE R. C. E. HALE & ASSOCIATES, Inc. Consulting Engineers Cc4' �'. $A �Ct;,4AT. 46M 14atington Lane, Suite B SU Ya encia. California 91355 August 31, 1992 Telephone: (805) 2950400 Fax: (805) 295.1602 r CiTl* u _ Jill Klajic, Mayor City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 ATTN: Donna Grindey MASTER CASE 92-103 ------------------ ------------------ Dear Ms. Grindey; On behalf of Richard Smith, I wish 'to appeal the Planning Commission's denial of Master Case 92-103. This case was a request for a map revision to amend the Conditions of Approval for Tentative Tract Map 46878. Approval of the request would have modified conditions numbers 27 and -29 for Tentative Tract Map 46878 and would have allowed Mr. Smith -,to -pay a proportionate fee to the City (in lieu fees) for construction of a main line sewer system to service Placerita Canyon. The Los Angeles County Department of Health Services has already approved the use of septic systems for this project. The City Planning Commission recently approved a similar request for Tract Map 45979, which is located in the same area of Placerita Canyon. The in -lieu fees to be paid by this other project cannot finance the requested sewer system. Mr. Smith's project is too small to afford the costly sewer installation. City staff had agreed to waive the sewer installation in favor of the.in-lieu fees if sewer costs were not within the budget for the combined projects for Tracts 46878 and 45979. We.ask that the City Council approve the requested modifications to the Conditions of Approval for Tentative Tract Map 46878. In addition, we wish the City Council to consider waiving the appeal fee of $465.00. A check for this fee is enclosed herewith. The Planning Commission confessed at the public hearing that they were being inconsistent with this decision and admitted that their decision would most likely be appealed. ' At the last Planning Commission hearing a motion to have staff bring back a report was denied by a vote of three to two. Only two of the Commissioners wanted to know "the facts" before they denied this request. Placerita Canyon homeowners are in favor of this requested change of conditions. There was no opposition except for the three Commissioners. The homeowners recognize that if they are ever to have sewers, this "partial payment plan" is the only way it will happen. The City is not about to.approve a single subdivision in the Canyon that could afford the entire cost of the proposed sewer system. Please contact me at the number indicated above if you have any questions. Sincerely, D. E. .HALE R. C. E. Enclosure DEH/lm cc: file (2) Glenn Adamick w CITY'OF SANTA CLARITA y�•Y ,r' 2$920 VALENCIA BLVD.. SUITE 300 • SANTA CLARITA 91$55 18051259-2489 CASN'RECEIPTA . DATE: RECEIVED OF: .%/�f �.-; .;I Fs� CITY d ZIP: _ PHONE NO: DRIVERS LICENSE NO.: