HomeMy WebLinkAbout1992-04-21 - AGENDA REPORTS - ZC 90 017 CPD (2)AGENDA REPORT
UNFINISHED BUSINESS
DATE: April 21, 1992
City Manager Approve,
Item to be res me
Richard Henderson
SUBJECT: Zone Change 90-017 from A-1-10,000 (Light Agricultural,
10,000 square foot minimum lot size) and R -A-7,500
(Residential -Agricultural, 7,500 square foot minimum lot
size) to CPD (Commercial Planned Development).
DEPARTMENT: Community Development
BACKGROUND
This item was on the agenda of March 24, 1992, as a public hearing to
allow for a zone change of the existing zoning of. A-1-10,000 (Light
Agricultural, one acre minimum lot size) and R -A-7,500 (Residential
Agricultural, 7,500 square foot minimum lot size) to CPD (Commercial
Planned Development). The site is located at 17741 Soledad Canyon Road,
directly west of Canyon Country Park.
Although this is an application for a zone change, the Council expressed
concern over the Conditional Use Permit which has been granted on the
site for a 44,000 square foot office building and 6,000 square foot
restaurant. This CUP cannot be used without the requested zone change.
The applicant agreed to redesign the project and remove the top floor of
the office building, thereby reducing the overall height of the
structure. The gross floor area of the building would remain nearly the
same because the footprint of the building would be enlarged to
compensate for the lost story. Following Council discussion, this item,
Ordinance 92-1 for a zone change, was introduced and passed to the second
reading with the. stipulation that, prior to the second reading of this
Ordinance, the applicant would return to the Director of Community
Development with a redesigned CUP site plan which would reduce the total
floor area of the office building and use the footprint of the original
approved CUP site plan.
FOLLOW-UP ACTION
Following discussions between staff and the City Attorney, it was
determined that the Director of Community Development does not have the
authority to modify the approved CUP site plan as desired by the City
Council. The applicant would need to return to the Planning Commission
to modify the office building to two stories. Should the Council approve
the second reading of this zone change. the Council would be authorizing
use of the CUP as originally approved by the Planning Commission.
Adopted:
-- �a - Agenda Item:
RECOMMENDATION
Waive further reading and adopt Ordinance 92-1.
ATTACHMENTS
Ordinance 92-1
LHS: 422
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ALLEN, MATRINS, LECR, GAMBLE i MALLORY
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Los Angeles, California 90071-3398
Telephones (213) 622-3555 ,
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805 259 8125;# 1
DATE: April 20, 1992 TIME: 3:20 P.M. FILE NO: B0250-005
TO:
43500*4d9)VAUL•F
Members of the City Council (805 ) 259-8125
City of Santa Clarita
TELEPHONE NO:
{805 ) 259-2489
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C )
FROM:Patrick E. Breen ATTORNEY N0. 122
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ATIMr, MATxnwa, Lzcx. GAtraLu & MALLORY
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TELccOaER 1213) 4520-aals
April 200 1992
BY FAX (8051 259-8125
Members of the City Council
City of Santa Clarita
23920 Valencia -Boulevard
Suite 300
Santa Clarita, California 91355
Re: City of Santa Cla-rita; Tina"Bow
Master Case No. 90-214
OwNdr COUNTY Orrlee
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Honorable Members of the City Council:
This firm has been hired as litigation counsel for Tina
Bow in connection with her proposed commercial office project
located in the City of Santa Clarita.
The Bow. property currently consists of two lots which are
zoned residential, commercial and agricultural. Since these zoning
designations were made, the City of Santa Clarita has adopted a
General Plan which designates both lots for commercial office uses.
Itis our understanding that the City of Santa Clarita is currently
preparing a Uniform Development Code which will make existing City
of Santa Clarita zoning designations consistent with the General
Plan. As such, the Bow property will, upon completion of the
Uniform Development Code, become commercially zoned property.
Since the Uniform Development Code has not yet been
completed, and since Tina Bow 'has submitted a`project to the City of
Santa Clarita which is consistent with the General Plan but
inconsistent with the existing zoning designations, a zone change
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LAW OFFICES
Azzsx, MA.I.=S, LEC K, GAXBLZ & MALLORY
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
Members of the City Council
City of Santa Clarita
April 20, 1992
Page 2
2136208B93y 805 259 8125;# 3
amendment must be ratified by the City of Santa.Clarita City •
Council. To'obtain the required zoning, Tina Bow has filed a zone
change application to make the zoning consistent -with the General
Plan designation. Tina Bow has determined not to wait until the
Uniform Development Code is adopted.
We understand that the City of Santa Clarita Planning
Commission -has already unanimously approved Tina How's Conditional
Use Permit application. Since the Planning Commission action'
approving the Conditional Use Permit was not appealed, and the time
period to appeal such decision has szpired pursuant to Los Angeles
County Code S§22.60.220 and 22.60.260 respectively, the Santa
Clarita City Council is legally precluded from further conditioning
the Conditional Use Permit. Accordingly, the final act to.be taken
by the City is the City Council's approval of the zone change
application.
The City Council seemingly has two alternatives: to
approve or disapprove the zone change application submitted by Tina
Bow. • However, that seeming discretion is limited by state law, and
thus the City Council's only option is to approve the project.
State law reouires that the zoningdesignation be changed to conform
with the General Plan designation. If the City Council disapproves
the proposed zone change application; then it i.s disapproving a
zoning designation which achieves consistency with the General Plan,
while opting to maintain a zoning designation which is inconsistent
with the General Plan. Thus, to act in accordance with the law, the
City Council must approve the zone change application. In fact, the
City Council's failure to approve the zone change application would
effect a taking of Tina Bow's property rights, in violation of the
United States Constitutional protections regarding inverse
condemnation, equal. protection and due process, among other things.
Itis difficult to understand the City Council's actions
to date. A Conditional use Permit has been approved. It has been
finalized. -All that remains is for the City Council to act upon a
zone change amendment which makes the zoning designation Consistent
with the General Plan. Accordingly, we respectfully request that
the City Council promptly approve the zone change application
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LAW OfFICE6
ALLnw. MATx=a. Lacx. GAMBLE & MALLORY
A PARTNERENIC INCi1J0ING PPOFEOGIONAL CORPORATIONS
Members of the City Council
City of Santa Clarita
April 20, 1992
Page 3
2136208893y 805 259 81254 4
recommended by the Planning Commission and thereby forestall any
legal action by.this firm. Thank you.
very truly yours,
Patrick E. Breen
PEB:mvl
cc: Lynn M. Harris, Deputy City Manager (By Fax (805) 259-8125)
Laura H. Stotler, Assistant Planner (By Fax (805) 259-8125)
Carl K. Newton, City Attorney_(By Fax (213) 236-2700)
ORDINANCE NO. 92-1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA AMENDING THE OFFICIAL ZONING MAP
LOCATED AT 17741 SOLEDAD CANYON ROAD,
WEST OF CANYON.COUNTRY PARR BETWEEN LOST CANYON ROAD AND GAELTON ROAD
MASTER CASE NO. 90-214
(ZONE CHANGE NO. 90-017)
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The City Council does hereby find and determine as follows:
a. An application for a Zone Change was filed on August 11, 1990, by Bow
Enterprises, Incorporated (the "applicant"). on April 24, 1991, the City
was informed that the applicant was changed to Tina Bow. The property
(consisting of two lots) for which this entitlement has been filed is
located at 17741 Soledad Canyon Road (Assessor Parcel Numbers 2844-015-017
and 2844-006-019). The project site consists of three zones. 1.56 acres
are zoned CPD (Commercial Planned Development); 1 acre is zoned A-1-10,000
(Light Agricultural - 10;000 square foot minimum lot size); and, .12 acres
are zoned R -A-7,500 (Residential Agricultural, 7,500 square foot minimum
lot size). The applicant is requesting that the entire 2.68 acre site be
zoned CPD.
b. The Planning Commission held a duly noticed public hearing on the
application on October 17, 1991 and November 5, 1991. On November 5,
1991, the Planning Commission adopted Resolution P91-49 recommending
approval of Zone Change 90-017. and approving Conditional Use Permit 90-034
and Oak Tree Permit 90-049 for a 44,000 square foot office building and
6,000 square foot restaurant, contingent on City Council approval of a
zone change.
c. The City Council held a duly noticed public hearing to consider this
ordinance on Tuesday, January 14, 1991, and on .Tuesday, February 11, 1992,
at the City of Santa Clarita City Council Chambers, 23920 Valencia
Boulevard, Santa Clarita, at 6:30 p.m.
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 the City Council, and on their behalf, the City Council further
finds and determines as follows: .
a. The recommended zone change will not result in a significant negative
environmental effect. Implementation of this proposal will cause no
adverse effects in the environment which cannot be adequately mitigated
through the application of available controls. The change in zone will
not 'cause substantial environmental damage or, substantial and avoidable
injury to fish or wild life on their habitat, since the project site is
not located in a significant ecological area.
b. Modified conditions warrant a change of zone on the site because the
General Plan has designated this site CO- Commercial Office and this zone
change brings the zoning into conformance with the General Plan.
c. The need for the proposed zone change exists within the Canyon Country
area because this zoning would allow for the .development of employment
opportunities in the City of Santa Clarita, aiding the jobs -housing
balance for the Santa Clarita Valley Sub -region which is presently job
deficient.
d. The property is a proper location for the CPD Zone since it is in
conformance with the General Plan designation of CO (Commercial Office)
for the site and a portion of the project site already has CPD Zoning.
e. The placement of the CPD Zone at the project location will be in the
interest of public health, safety, and general welfare, and in conformity
with good zoning practice because all necessary utilities will provide
service and all applicable development standards will be applied to the
project.
SECTION 3. The City of Santa Clarita City Council has reviewed and
considered the environmental information contained in the Initial Study, which
was approved by the Planning Commission, and determines that it is in
compliance with the California Environmental Quality Act (CEQA) and state and
local CEQA Guidelines and that the proposed project will not have a
significant impact on the environment. A Negative Declaration was prepared
for this project. Based upon the findings stated above, the City Council
hereby approves the Negative Declaration.
SECTION 4. Based upon the forgoing, the City Council does hereby
ordain that the application for a zone change from A-1-10,000 (Light
Agricultural; 1 ,acre minimum lot size) and R -A-7,500 (Residential
Agricultural, 7,500 square foot minimum lot size) to CPD (Commercial Planned
Development) is approved. The zoning boundaries on the Official Zoning Map
for the City of Santa Clarita are hereby amended and shall conform to Exhibit
"A", incorporated into this ordinance by this reference, which is the site
plan for Conditional Use Permit 90-034 (Assessor Parcels 2844-015-017 and
2844-006-019).
ATTEST:
PASSED, APPROVED. AND ADOPTED THIS _ DAY OF , 1992.
City Clerk
Jill Klajic, MAYOR
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. 92-1 was regularly introduced
and placed upon its first reading at a regular meeting of the City Council on
the. _ day of 1992, that thereafter, said ordinance was duly
adopted and passed at a regular meeting of the City Council on the _ day
of 1992, by the following vote, to wit:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
CITY CLERK
LHS: 421