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HomeMy WebLinkAbout1992-02-11 - AGENDA REPORTS - RESO 92 40 TTM 12387 (2)AGENDA REPORT City Manager Approval l�'T /+`'D Item to be presented by: A CONSENT CALENDAR Lynn M. Harris c DATE: February 11, 1992 SUBJECT: Resolution 92-40 formally upholding the Planning Commission's denial of Tentative Parcel Map 12387, to create four new lots on the 5.23 acre parcel located in the vicinity of 21090 Placerita Canyon Road,. approximately 270 feet south of the intersection of Placerita Canyon Road and Choke -Cherry Lane (identified by Assessor's Parcel Number for the site is 2833-003-075.) DEPARTMENT: Community Development BACKGROUND On January 28, 1992, the City Council voted 5-0 to uphold the Planning Commission's decision denying Tentative Parcel Map 12387, thereby denying the appeal of Steve Minks (the applicant.) Pursuantto this action, staff has prepared a draft resolution upholding the denial of this proj ect. RECOMMENDATION Adopt Resolution 92-40, formally upholding the Planning Commission's denial of Tentative Parcel Map 12387. ATTACHMENTS 1. Resolution 92-40 MJC:546 Adopted: - ��� ,93d" Item: RESOLUTION NO. 92-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA UPHOLDING PLANNING COMMISSION RESOLUTION P91-42, DENYING TENTATIVE PARCEL MAP 12387 TO CREATE FOUR RESIDENTIAL LOTS LOCATED IN THE VICINITY OF 21090 PLACERITA CANYON ROAD THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. An application for a tentative parcel map was filed on October 31, 1989, by Steve Minke ("the applicant"). The property is located in the vicinity of 21090 Placerita Canyon Road, approximately 270 feet south of the intersection of Placerita Canyon Road and Choke Cherry Lane. The Assessor's Parcel Number for the site is 2833-003-075. The project site is 5.23 acres in size, _with .55 oak .trees. .The applicantproposedto subdivide this property into four new single family residential. lots of 40,370 square feet, 75,200 square feet, 49,660 square feet, and 59,780 square feet, respectively. b. This project was reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA). Staff prepared an Initial Environmental Assessment for this project. Staff has determined. that specific issues must be resolved before a Negative Declaration of Environmental Effect could be. adopted for this project. C. The applicable zoning for this property is A-2-1 Heavy. Agricultural, one -acre minimum zone. The City of Santa Clarita General Plan land use designation is RL (Residential Low) 1.1-3.3 dwelling units per acre, combined with Mineral/Oil Conservation Area overlay designation. Approximately 3.50 acres of the site is occupied by a significant'ridgeline with slopes in excess of 25%. This project has also been reviewed for compliance with the draft Ridgeline Preservation and Hillside Development Ordinance. The average slope of the property is 33X, and when applied to the Hillside regulations yields a maximum density of 0.7 dwelling units per acre. This would allow a maximum of three dwelling units for this property. d. The surrounding uses are low density equestrian -oriented residential. e. The City of Santa Clarita Development Review Committee (DRC) met on December 14, 1989 to discuss the project and additional information and revisions needed from the applicant. Resolution 92-40 Page 2 f. A duly noticed public hearing was held by the Planning Commission on September 17, 1991 at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. At that hearing the Planning Commission voted (4-1) to deny this proposal. On October 1, 1991 the Planning Commission formerly adopted Resolution P91-42 denying Tentative Parcel Map 12387. g. On October 11, 1991 the City Clerk received an appeal of .the Planning Commission's denial of this of this project. The appeal was made by Hale and Associates on behalf of Steve Minks, the applicant. h. A duly noticed public hearing of the City Council was held for this appeal on January 28, 1992 at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California, at 6:30 p.m. 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. At the public hearing held for this project, the Planning Commission considered the staff report prepared for this project and received testimony on this proposal. b. The City's General Plan designation for the project site is RL (Residential Low) 1.1-3.3 dwelling units per acre. The proposed use of the property for residential development is consistent with this land use designation. • However, this proposal is not consistent with the Land Use, Community Design, and open space policies of the City's General Plan. Specifically, this proposal is in conflict with the following General Plan components:, Land Use :Element Goal No. 2: To achieve the development of a well balanced, financially sound, and functional mix of residential, commercial, industrial, open space, recreational, institutional, and educational land uses. Land Use Element Policies: 2.9 Encourage the development of equestrian -oriented housing in areas that are presently equestrian -oriented, and ensure that other surrounding land uses are compatible with the adjacent equestrian zones. 2.12 Promote retention of open space to preserve significant ridgelines, to provide land use buffers, and to provide for both public safety and oak tree preservation. 4.12 Maintain and enhance the desirable rural qualities found in the certain existing neighborhoods which are rural in character, such as Placerita, Sand, and Hasley Canyons. Resolution 92-40 Page 3 5.1 Allow only responsible and sensitive development of hillside areas and prohibit development on ridgelines designated as "Significant Ridgelines.° 5.2 Ensure that new development, grading, and landscaping are sensitive to the natural topography and major landforms in the planning area. 5.6 Preserve and protect oak and mature specimen size trees and other endangered indigenous plant and animal communities, from excessive and incompatible development. 6.3 Provide for the retention and maintenance of existing residential neighborhoods which are primarily developed with single-family homes and ensure that new development is compatible with and complementary to existing development in terms of scale, architecture, and density. Community Design Element Policies; 5.1 Retain designated major landforms, such as ridgelines, natural drainage ways, streams, rivers, valleys, and significant vegetation, especially where these features contribute to the overall community.identity. 5.3 Where possible, incorporate attractive natural amenities, such as rock outcroppings, vegetation, streams and drainage areas, into the development of future projects to protect the environment and provide landscape opportunities, visual interest, scale and/or recreational opportunities. 6.7 Promote visual and physical buffers, where appropriate, by use of easements, roadways, trails, ridgelines, and other features, to delineate various communities in the valley. Open Space and Conservation Element policies: 1.1 Utilize major environmental features (significant landforms, significant ridgelines, significant vegetation, ecologically significant areas, other natural resources) as openspace within the planning area. 1.5 Investigate, develop and prepare a long-term plan to consolidate and acquire open space using one or more of the following options to maintain viable natural ecosystems in conjunction with the orderly development of the planning area: open space easements; dedication of development rights; joint .powers authority; open space district; City ownership and management by the Parks and Recreation Department; Homeowners Associations; and/or Landscape Maintenance Districts. 2.1 Adopt a ridgeline preservation ordinance that identifies prominent. primary and secondary ridgelines, which shall be preserved as open space and which should not be modified, incorporating sensitive slope and grading regulations to interface with such primary and secondary ridgelines, including identification and standards for other significant physiographic features. Resolution 92-40 Page 4 2.2 Establish and require a slope rating system (steep, moderate, low) to identify development suitability and to establish guidelines for grading and development practices. Circulation Element Issue Statement (page C-28, City of Santa Clarita General Plan): Make sure that the pace of development matches the pace of required roadway infrastructure improvements. Circulation Element Policies: 1.27 Where alignments are known, the preservation of corridor rights-of-way should be immediately established. 2.6 Require right-of-way dedication and/or construction of appropriate facilities in support of a public transportation system in new and redeveloped projects. •In the event that adequate access and circulation cannot be provided or properly mitigated due to constraints, impediments or timing .delays, proposed development as designated in this Plan may need to be correspondingly impeded, delayed, or modified." (Santa Clarita General Plan Circulation Element, page C-3). This proposed subdivision would impact the adjacent neighborhood by diminishing its rural character through increasing traffic flow volumes. Proposed lot configurations are insensitive to the natural topography, major landforms, and oak trees on and adjacent to the project site. As proposed, this project would create three new building sites in addition to the existing single family dwelling at the site. This would exceed the appropriate residential density for this area, given the topography and natural vegetation. Definitive information on pad locations and possible encroachment into ,the protected zones of oak trees has not be submitted. C. Access to the project site has not been established, and is in conflict with the Los Angeles Department of Water and Power's Saugus Pipeline easement. The limitations on the existing DWP easement and the proposed subdivision design may also adversely affect access to adjacent properties to the west and south by eliminating access and land -locking these properties. As noted on the tentative parcel map, a 15 foot access and utility easement was granted to the adjacent property owners. The proposed tentative parcel map design is also in conflict with the proposed alignment routes for Rio Vista Road. Further development of this property should be delayed until adequate access has been provided. d. This project as designed would adversely affect the health, peace, comfort, or welfare of persons residing in the Resolution 92-40 Page 5 surrounding area; be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the subject property; jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare because this project does not conform to the development standards of the subdivision and zoning ordinance, is incompatible with the surrounding land uses, and is inconsistent with the City General Plan. e. Based upon a review of the submitted plan, the subject property is not adequate in size, shape, and topography to accommodate the development features prescribed in the City's Municipal Code and General Plan, and otherwise required in order to integrate the proposed use of the subject property with the .uses in the surrounding area. f. This proposal is defined as a "project" according to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) . As such, staff prepared an Initial Environmental . Assessment to determine the potential environmental impacts associated with this project. g. This project will have a significant effect on the environment. As indicated by the Initial Study prepared by staff (pursuant to the California Environmental Quality Act; Public Resources Code Section 21000 et seq.). h. Implementation of this proposal will cause adverse effects on the environment which cannot be adequately mitigated through the application of available controls. The design of the subdivision and the proposed improvements will cause substantial environmental damage and substantial and avoidable injury to fish or wildlife or their habitat. i. The design of the subdivision does not provide for future passive or natural heating or cooling opportunities given the size, shape, and topography of the lots and their intended use. J. The housing needs of the region were considered and balanced against the public service needs of local residents. SECTION 3. Based upon the foregoing facts and findings, the Planning Commission hereby determines as follows: a. That the proposed map is not consistent with the City of Santa Clarita General Plan because necessary roadway infrastructure is not yet in place; corridor rights-of-way may be impacted; the dedication or construction of the appropriate public transportation facilities have not been completed. The General Plan requires that proposed development be delayed where adequate access and circulation cannot .be provided or properly mitigated. Resolution 92-40 Page 6 b. That the site is not• physically suitable for the. type of development because the proposed lot configurations do not comply with the requirements of the City's adopted subdivision and zoning codes (lot lines must be at right angles to the street upon which the lot fronts; the proposed flag lots are not justified by the existing topographic conditions; The proposed building sites cannot maintain the required 20 foot front -yard setback distance. C. That the site is not physically suitable for the proposed density of the development because it does not comply with the density reduction requirements of the City's draft Ridgeline Preservation and Hillside Development Ordinance (in accordance with policy 2.1 of the Open Space and Conservation Element of the City's General Plan). The density reduction for this project is a maximum of 0.70 dwelling units per acre, based on the average slope of the site d. That the design of the subdivision or the proposed improvements are likely to cause. substantial environmental damage because the impacts to the existing oak trees have not been fully addressed or mitigated. Land Use Element policy 5.6 states: "Preserve and protect oak and mature specimen size trees and other endangered indigenous plant and animal communities, from excessive and incompatible development." The applicant has not provided staff with the necessary information to make this determination. e. That the design of the subdivision or the proposed improvements will conflict with easements, acquired by the public at large, for access through or the use of, property within the proposed subdivision. The Los Angeles Department of Water and Power owns property in fee for its Second Los Angeles Aqueduct (Saugus Pipeline) contiguous to the western boundary of the project site. This property is identified as lot "J", and "Choke Cherry Lane" on the tentative parcel 'map. The applicant has incorrectly portrayed this easement as an available lot and private roadway. It is actually the private property of the Department of Water and Power, and is not available for public use. THEREFORE, THE . City Council OF THE CITY OF SANTA CLARITA does resolve as follows: The City Council hereby denies Steve Minke's appeal of the Planning Commission's decision denying Tentative Parcel Map 12387 to create a four lot subdivision located at the 5.23 acre property located approximately 300 feet south-east of the intersection of Choke Cherry Lane and Placerita Canyon Road (identified by Assessor's Parcel Number 2833-003-075 ) Resolution 92-40 Page 7 PASSED, APPROVED AND ADOPTED.this day of Jill Klajic, Mayor ATTEST: Donna M. Grindey, City Clerk 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 City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of by the following vote of the City Council: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAINED: Councilmembers: Donna M. Grindey City Clerk