The URL can be used to link to this page

Home My WebLink About1992-09-22 - AGENDA REPORTS - PLANNING CMSN DENIAL MC 92 093 (2)AGENDA REPORT City Manager Approv Item to be presented by:_ �/ n f NEW BUSINESS Lynn M. Harris DATE: September 22, 1992 SUBJECT: Appeal of Planning Commission's denial of Master Case 92-093 (Time Extension 92-015) to allow a one year time extension of Tentative Tract Map 48379 located at 17731-17745 Scherzinger Lane. Applicant: Oliver Stone DEPARTMENT: Community Development On July 21, 1992, the Planning.Commission adopted Resolution P92-28 formally denying the above referenced project. On June 19,1990, the project, Tentative Tract Map 48379, received approval from the City of Santa Clarita for a 35 -unit condominium complex on 1.77 acres of land. At the time of approval, the City's General Pian was being drafted. It was subsequently adopted on June 26,1991. The expiration date of the project is June 19, 1992. On May 26, 1992, Mr. Jeffrey Krieger, an agent for the applicant, filed an application with the Community Development Department requesting approval for a one-year time extension of Tentative Tract Map 48379. The zoning of the property is R-3 (multi -family, maximum 30 units per acre) and the General Plan Designation Is RM (Residential Moderate, 6.7-15.0 units per acre). The project has a density of 20 units per acre. The request for the time extension was denied by the Director of Community Development on the basis that the project is inconsistent with the intent and objectives of the General Plan. The denial was issued on May 26, 1992. On June 10, 1992, the Community Development Department received a letter from Mr. Krieger requesting an appeal of the Director's decision to the Planning Commission. LANNING COMMISSION ACTION The project was heard by the Planning Commission on July 7,1992. Elizabeth Watson, attorney for the applicant, testified at this meeting, requesting that the Planning Commission overturn the Director's denial of the application. No persons spoke In opposition to the request. Following the hearing, the Commission determined that the granting of the applicant's request (a one year time extension) would not ensure the recordation of the Tract Map. Therefore, the Planning Commission denied the time extension. C1;tG1&1 The City Council may: 1) Uphold the Planning Commission's decision, denying the project: 2) Approve the time extension, directing staff to prepare a. resolution for the Council's consideration. Continued To: r ,_�_ Agenda iIGill, - RECOMMENDATION The Planning Commission recommends that the City Council: 1) Uphold the Planning Commission's denial of time extension 92-015 and thereby deny the appeal 2) Direct staff to prepare a resolution of denial for the Council's consideration at the October 13, 1992 meeting. ATTACHMENTS Resolution Number P92-28 Planning Commission Staff Report Minutes of the Planning Commission Meeting of July 21, 1992 egn9.22.sdb RESOLUTION NO. P92-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA, DENYING TIME EXTENSION 92-015 (MASTER CASE NUMBER 92-093), FOR TENTATIVE TRACT MAP 48379 LOCATED AT 17731 AND 17745 SCHERZINGER LANE, NORTH OF ADON AVENUE 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. An application for Time Extension 92-105 was filed with the City of Santa Clarita on May .5, 1992, by Jeffrey Krieger on behalf of Mint Canyon Partners (the "applicant"). The property for which this entitlement has been filed is located at 17731 and 17745 Scherzinger Lane, north -of Adon Avenue (Assessor Parcel Numbers 2839-020-012, 012.) The project site is 1.77 gross acres in size. b. This project is a request for a one year time extension of tentative tract map 48379, which was approved by the Planning Commission on June 19, 1990. C. The project was denied by the Director of Community Development on May 26, 1992. d. A request to appeal the Director's decision of denial was received by the Community Development Department on June 16, 1992: e. The project site is relatively flat. There are no oak trees on the property. f. The subject parcel'is zoned R-3 (Limited Multiple Residential) and is designated as RM (Residential Moderate), with a density range of 6.7 to 15.0 units per acre, by the City's General Plan. g. The surrounding land uses are multi family residential to the north, single and multi family residential to the south, multi family residential to the east, and commercial to the west. The project site and surrounding areas are designated RM (Residential Moderate) and CC (Community Commercial) by the City's General Plan. Reso P92-28 Page 2 h. Proposed access to the project will be from Scherzinger Lane. i. A duly noticed public hearing was held by the Planning Commission on June 16, 1992 at 7:00 P.M. at the City Council_Chambers, 23920 Valencia Boulevard, Santa Clarita. The Commission continued the item to the meeting of July 7, 1992. SECTION 2. Based upon the above findings .of fact, oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the Planning Commission and on its behalf, the Planning Commission further finds as follows: a. The project was originally approved when there was no General Plan adopted by the City. The City's General Plan, adopted June 26, 1991, has a designation for the project site of Residential Moderate (6.7 to 15.0 units per acre, 11.0 units per acre midpoint). The project density of 20.0 units per acre is not consistent with this designation. b. The proposed use, development of the land and the application of development standards, when considered on the basis of the suitability of the site for particular use or development intended, is not arranged to insure public health, safety, and general welfare, prevent adverse effects on neighboring property and is not in conformity with good zoning practice, due to the project's inconsistency with the General Plan. SECTION 3. Based upon the foregoing facts and findings, the Planning Commission hereby determines as follows: a. There is no reasonable likelihood that the project will be recorded within the next twelve months. b. The. applicant has not substantiated the required burden of proof for the granting of a one year time extension. NOW, THEREFORE; BE IT RESOLVED by the Planning Commission of the City of Santa Clarita, California, as follows: a. The Planning Commission hereby upholds the Director's decision to deny Time Extension 92-015, a request to allow for a one year time - extension of a.35 unit condominium complex. Reso P92-28 Page 3 PASSED, APPROVED AND ADOPTED this 21st day of July, 1992. C)-C'�7,t .L Jerry D. Cherrington, Chairman Planning Commission ATTEST: i M. -Harris Director of Community Development STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) as 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; ata regular meeting thereof, held on the 21st day of July, 1992 by the following vote of the Planning Commission: AYES: COMMISSIONERS: Cherrington, Woodrow, Brathwaite, Modugno.and Doughman NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None SDB:283 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA Tuesday July 7, 1992 7:00 p.m. ITEM 5: TIME EXTENSION 92-015 (MASTER CASE NO. 92-093) - Located at 17731 and 17745. Scherzinger Lane. A letter was received from the first trust deed holder on the property in question, and Assistant City Attorney Timothy McOsker read the letter for the public record and advised the Commission on a recommended course of action. At 7:35 p.m. Chairman Cherrington allowed statements from the public. Ms. Elizabeth Watson, attorney for the first trust deed holder, spoke In favor of approval of the extension. The Commission asked questions of the speaker and moved on to a discussion. Vice -Chairman Woodrow made a motion to uphold the Director's denial thereby dehying Time Extension 92-015 and direct staff to prepare a resolution of denial for adoption at the next regularly scheduled meeting of July 21, 1992, Commissioner Modugno seconded the motion, and the item was denied by a vote of 4-1, with Commissioner Brathwaite dissenting. CITY OF SANTA CLARITA STAFF REPORT APPEAL OF TIME EXTENSION 92-015 MASTER CASE NUMBER 92-093 DATE: June 16, 1992 TO: Chairman Cherrington and Members of the Planning ` Commission FROM: Lynn M. Harris, Director of Community Developmentp"7J�'pfJ" PROJECT PLANNER: Sarona Becker, Planning Technician APPLICANT: Mint Canyon Partners LOCATION: 17731 and 17745 Scherzinger Lane, north of Adon Avenue. Assessor's Parcel Numbers 2839-020-011, 012. REQUEST: The applicant is appealing the Director's denial of a one year time extension on a previously approved 35 -unit tract map (TTM 48379). BACKGROUND: On June 19, 1990, the project site received approval from the City of Santa Clarita for a 35 -unit condominium complex on 1.77 acres of land. Existing zoning of the parcels is R-3. The expiration date of the project is June. 19, 1992. The City's General Plan now depicts the property in the Residential Moderate category, which allows a lesser density. PROJECT DESCRIPTION: The project site is an approximately 1.2 net acre parcel, located at the northwest end of the southerly cul-de-sac on Scherzinger Lane. The parcel has a gross area of 1.77 acres. The approved project was for 35 condominiums to be constructed within one building. Parking spaces for residents were to be provided within a subterranean parking garage. Access to the project was proposed via Scherzinger Lane. The project was granted a plot plan approval for apartment use in August, 1989. This approval has subsequently expired. agenda Items Staff Report Time Extension 92-015 Page 2 of 2 LAND USE/ZONING/GENERAL PLAN CONSISTENCY: The existing zoning, General Plan designation and existing land uses of the project site and adjacent properties are as follows: General Plan Zone Land use Project RM (Residential R-3 Proposed Multi -family Moderate) North RM (Residential R-3 Multi -family Moderate) East RM (Residential R-3 Multi -family Moderate) South RM (Residential R-3 Flag lot -Single-family Moderate) and Multi -family West CC (Community C-3 Commercial Commercial) ANALYSIS: On May 26, 1992, Mr. Jeffrey Krieger (an.agent for the owner) filed an application with the Community Development Department requesting approval for a one-year time extension of ,Tentative Tract Map 48379. The zoning of the property is R-3 (multi -family, maximum 30 units per acre). and the General Plan Designation is RM (Residential Moderate, 6.7- 15.0 units per acre). Prior to submittal, the, applicant met with staff to discuss the feasibility of the time extension. Because the project density is greater than the General Plan designation for the site, he was advised that the application would most likely be denied. On May 26, 1992, the project was issued a denial because the density was greater than the density allowed under the General Plan. The project proposes a density of 20.0 units per acre while the General Plan allows a maximum of 15.0 units per acre. Staff believes that the denial of the request for a time extension, based on the density range identified in the General Plan, was appropriate. RECOMMENDATION: Staff recommends the Commission uphold the Director's decision and thereby deny the appeal. SDB:254 VICINITY MAP N.T.S. 1 3 N 2500' . PROXIMITY MAP MC 92-093 TE 92-015 - — { SUBJECT 317 WC as 14 15� a1 _1 to SEC 2,2P i $Sid / W. _ Yf ..v� - ` TR 13321 1.. % "]�� . 71R y / 4 • iR Yo qa.. i �• �Y i — n .. r K ARTHUR N.GREENBERG PHILIP GLUSKER SIDNEY J. MACHTINGER STEPHEN CLAMAN BERTRAM FIELDS HARVEY R. FRIEDMAN BERNARD SHEARER, JON J. GALLO PAULA J. PETERS MICHAEL K. COLLINS JOHN L. CHILD C. BRUCE LEVINE MICHAEL A GREE NE JOSEPH M.CAHN GARRETT L.HANKEN NORMAN H. LEVINE WILLIAM A. NALAMA JAMES E. HORNSTUN ROBERT S. CHAPMAN ROBERT F. MARSHALL ROBERT E. BENNETT. JR. MARC S.COHEN CHARLES N. SHEPHARO DENNIS B. ELLMAN GARY L. KAPLAN ROBERT W. BARNES LAWRENCE V. ISER E. BARRY HALDEMAN MARK A. STANKEVICH GREENBERG, GLUSKER,(FIE D CLLA7MANA&ITMACHTINGER MARTIN H. WEBSTER MICHAEL V. BALES HENRY D. FINKELSTEIN DIANE J. CRUMPACKER JEAN MORRIS ELIZABETH WATSON ELIZABETH G. CHILTON JILL A. COSSMAN LILMNNE G, CHAUMONT PETER J. NIEMIEC ROGER L. FUNK RICHARD A. KALE DEBBY R. ZURZOLO ARNOLD D. KAHN CHRISTINA M. JACOBS LEE A. DRESIE DAVID C. KLEIN JEFFREY SPITZ MARK A. GOCHMAN NANCY C. HSIEH THEODORE F. KAHAN JILL L. SMITH EVE H. WAGNER MICHAEL R. BENNETT SANDRA A. DEWEY GLENN A. DRYFOOS CARRIE A. LEVINSON LAWRENCE A. EPTER STEVEN J. LURIE ROBERTA M. WOLFF BRIAN L. EDWARDS GERALD L. SAUER JILL E. BURTIS DARRYL W. CLUSTER KELLY A. COLEMAN NANETTE L. KLEIN GLENN E. LERMAN ELIZABETH M. PRIESTLEY ELIZABETH H. PUGH CAROL W. DAVIES STEVEN H. FEDER LORI A. LOO CHRISTINE B. MERSTEN DAVID R. MERSTEN PATRICIA A. MILLETT NANCY A. BERTRANDO BONNIE E. ESKENAZI AMY L. DIXON ELISABETH A. BASINI LAURIE B. HILLER JEFFREY A. KRIEGER KIERSTEN V. MAYER CARLA M. ROBERTS PAMELA M. ROSENTHAL EDWARD N. SABIN CHRISTINE H. BELGRAD GARY A. WATSON VIA FEDERAL EXPRESS Ms. Donna M. Grindey City Clerk City of Santa Clarita 23920 Valencia Boulevard Suite 300 Santa Clarita, CA 91355 Auc 4 4 3e PH 192 CITY'_'L.:. _ August 3, 1992 1900 AVENUE OF THE STARS SUITE 2000 LDS ANGELES,. CALIFORNIA 90067 TELEPHONE: (310) 553.3610 FAX: (310) 553-0687 WRITER'S DIRECT DIAL NUMBER (310) 785-6869 Re: Master Case No. 92-093; Map Extension Appeal No. 92-015: 17731 and 17745 Scherzinaer Lane Dear Ms. Grindey: OUR FILE NUMBER: 81758-000.02 I am writing in response to a July 23, 1992 letter from Lynn Harris, notifying me that the ,Planning Commission has upheld the Director of Community Development's decision to deny the time extension requested in the above -referenced matter. On behalf of our client, Mr. Oliver Stone, this letter constitutes our appeal to the City Council of the Planning Commission's decision. Because the owner of the above -captioned property ("Property"), Mint Canyon Partners, is currently in bankruptcy, as the first lienholder, Mr. Stone must take action to protect the value of the Property. The relief sought is to have the City Council reverse the decision of the Planning Commission and grant a one-year extension of Tentative Tract Map No. 48379 (the "Tentative -Map"). The denial of the extension request exceeds the City's authority under the Subdivision Map Act. The Planning Commission has applied the density limitations of the current General Plan to the Tentative Map in contravention of Government Code §§66413 and 66474.1. 8175800001-158898.264 r% QREENBERG, GLUSKER, FIELDS, CLAMAN & MACHTINGER Ms. Donna M. Grindey August 3, 1992 Page 2 Please notify me as soon as you are able to calendar this item on the City Council's agenda. I understand from our telephone conversation that the earliest possible date that this matter will come before the City Council is September 22, 1992, but that an October date is a distinct possibility. We reserve the right to present our position to the City Council in both written and oral form and intend to deliver any written submittal prior to the hearing. Enclosed is a check in the amount of $465 payable to the City of Santa Clarita representing the appeal fee. Sincerely, Jeffrey A. Krieger JAK:yr Enc. cc: Steven Pines 8175800001-158898.264 4 CITY OF SANTA CLARITA Mint Canyon Partners L.P. 11515 Killion Street North Hollywood, California 9�j9�p15 (Z 25 F i '92 (818) 985-6048 August 5, 1992 CIT; Hand Delivered City Council City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355 Re: 17731 and 17745 Scherzinger Lane; Master Case No 92-093; Man Extension Appeal No 92-015 Dear Council Members: On behalf of Mint Canyon Partners L.P., the record title holder of the above -referenced property, I hereby appeal the decision of the Planning Commission to uphold the decision of the Department of Community Development to deny our request for a one- year extension of time in which to record our final map. I understand that the holder of the first deed of trust on the property has already paid -the appeal fee. Pleasenotifyme sufficiently in advance of the hearing date in this matter so that I may have time to prepare written and oral argument. Thank you for your cooperation. Very tru y ours, David J. tenholz Managing Partner 0 City of �i Santa Clarita September 2, I992 J Oliver Stone 1180 South Beverly Dr., #300 Los.Angeles, Ca. 90025 Re: Master Case 92-093; Map Extension -Appeal 92-015,- 17731 2-015;17731 and 17745 Scherzinger Lane Jill IC41c Mayor Dear Mr. Stone: Jan Hek t MayorPro-Tem The City CIerk's office is in receipt of your appeal letter Carl Boyer dated August 3, 1992. Coundlmember couThis letter is to inform, you that your appeal will' be Anne y Jo Counc!lmember considered by the City Council on Tuesday, September 22, 1992, under "New Business". The regular meeting of the City George Pederson Council is called to order at 7:30 p.m. in the Council cOQr'a!member Chambers, 23920 Valencia Blvd., 1st Floor. A copy of the agenda item will be available September 8th, should you desire a copy. You .will find enclosed a receipt for your appeal fees in the amount of $465.00. Further information may be obtained through the City Clerk's office by telephoning (805) 255-4390. sincerely, Donna -�M.-Grindey, CMC City Clerk cc: Sarona Becker DMGlgmd/1681 L