HomeMy WebLinkAbout2006-05-09 - AGENDA REPORTS - MC 05-072 APPEAL DENIAL (2)Agenda Item: _ / I—
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager Approval:
Item to be presented by:
DATE: May 9, 2006
SUBJECT: APPEAL OF PLANNING COMMISSION'S DENIAL OF MASTER
CASE 05-072 - REQUEST FOR THE CONSTRUCTION OF 10
BUILDINGS CONSISTING OF 44 MULTI -FAMILY UNITS ON 9.9
ACRES LOCATED EAST OF SIERRA HIGHWAY AT
SCHERZINGER LANE
DEPARTMENT: Community Development
RECOMMENDED ACTION
City Council conduct the public hearing; receive testimony from the public; and adopt City
Council Resolution affirming the Planning Commission action to deny Master Case 05-072,
including General Plan Amendment 05-002, Zone Change 05-002, Tentative Tract Map 61426,
Conditional Use Permit 05-004, Hillside Review 05-001, Minor Use Permit 05-055, and Oak
Tree Permit 05-010.
BACKGROUND
Planning Commission Action
On November 1, 2005, the Planning Commission conducted a public hearing for this proposal
and adopted a resolution denying the entitlement requests consistent with staffs
recommendation. The Planning Commission agreed that the development as proposed was
inappropriate for the site's upper hillside area as it fails to achieve the quality of development and
effective planning principles that the City desires—mostly due to topography, retaining walls,
and the location of the tot lot.
Site Plan Design
The applicant is proposing to construct a 44 -unit, multi -family townhome residential
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development on 9.9 acres. The site is currently vacant. A single-family residence was previously
constructed on-site, however, the residence no longer exists and a concrete slab of the basement
exists on-site. Overall, the site plan can be described in two parts: the Lower Scherzinger Area
and the Upper Hillside Area. The Lower Scherzinger Area includes 32 attached residential units
that extend horizontally along the Scherzinger Lane frontage. Two driveway access points are
provided along Scherzinger and a recreation center is centrally positioned along the driveway
corridor. The Upper Hillside Area extends easterly up a hillside, perpendicular to the Lower
Scherzinger Area. In this way, the site plan forms a "T" shape. The Upper Hillside Area
includes 12 attached units accessed by a center drive aisle and a "tot lot" located at the end of the
drive aisle with eight guest parking spaces. The Upper Hillside Area, because it is located at the
lower portion of the prominent easterly slope, is significantly higher than the Lower Sherzinger
Area — the transition between the two areas includes a drive aisle with a 16 percent grade,
multiple exterior staircases and a pedestrian ramp.
The interior streets would be constructed as private driveways. The streets would range in width
from 28 feet to 30 feet. The private driveways would have decorative pavers and be 30 feet in
width. These driveways would have a 15% slope as you drive into the project site and a
five -foot -wide sidewalk on one side. Due to the intensity of this proposal, the Engineering
Division staff would require the applicant to install sidewalk, curb, and gutter from the northern
portion of the project site on Scherzinger Lane near Adon Avenue, beyond the southern property
boundary.
Residential Density
The applicant is proposing to construct 44 attached townhome units. The site is currently zoned
Residential Moderate (RM) on the western portion of the site and Residential Low (RL) on the
eastern portion of the site. The request to change the General Plan and zoning designations of
the site to Residential High (RH) would allow a density of 28.0 units per acre. This is the highest
residential zoning designation offered in the City. Due to the 43 percent cross slope on the site,
the allowable density would be reduced to 4.90 units per acre. Therefore, in compliance with the
City's Ridgeline Preservation and Hillside Development Ordinance, a maximum of 48 units
could be proposed with the RH designation.
Residential Product
The townhome units would be three stories and approximately 33' in height and have attached
garages. The proposed units would range in size from 1,336 square feet to 1,754 square feet and
have two -to -three bedrooms, with two -and -a -half bathrooms. Some of the buildings provide
tandem parking for its residents.
On -Site Recreational Amenities
HOA Pool / Recreation Area: A recreation area with a swimming pool, spa, restrooms and
showers would be located on the westerly side of the project within the Lower Scherzinger Area.
This recreation area is located in an area that is accessible to all residents on the project site. The
attached site plan shows the location of the recreation area.
Tot Lot: A "tot lot" is proposed to be located on the easterly side of the property in the Upper
Hillside Area within a prominent slope. As proposed, there would be a 30 -foot elevation
difference from the tot lot area to Scherzinger Lane. The tot lot area would be adjacent to a steep
slope and surrounded by 20 -foot -high retaining walls. In addition, a 28 -foot driveway would
lead up to the tot lot area on a slope that ranges from 2 percent to 16 percent. As previously
mentioned, the City's Engineering Division staff has expressed concerns with development being
in proximity to a prominent slope. If this project moves forward, staff would recommend that the
site plan be revised to relocate the tot lot to the Lower Scherzinger Area where it would be easily
accessible to the future residents.
Entitlements Requested
In order to comply with the land use requirements of the General Plan and Unified Development
Code (UDC), the applicant has submitted the following entitlements:
• A General Plan Amendment and Zone Change are required to change the land use from
the existing Residential Moderate (RM) and Residential Low (RL) designations to
Residential High (RH);
• A Tentative Tract Man is proposed to merge four existing properties into one and
subdivide the air space of each of the units;
• A Conditional Use Permit is requested to allow three-story residential buildings;
• A Hillside Review Permit is required to allow for the grading on a hillside with an
average cross slope that exceeds 10%;
• A Minor Use Permit is requested to export 37,880 cubic yards of earth material from the
site. The applicant also requires approval of a Minor Use Permit to provide tandem
parking; and
• An Oak Tree Permit is requested to remove seven scrub oaks on the site.
General Plan Designation, Zoning, Surrounding Land Use
The General Plan land use designation for the site is Residential Moderate (RM) and Residential
Low (RL). The RM designation is "small groupings of attached dwellings such as duplexes,
triplexes, and fourplexes having ample yard and open space areas" (City of Santa Clarita Unified
Development Code, Section 17.11.0201). The RL designation is "intended for single-family
detached homes at a density of up to two and two-tenths (2.2) dwelling units per gross acre. The
keeping of horses and related animals as an accessory use is generally found in this zone" (City
of Santa Clarita Unified Development Code, Section 17.11.0200). The project site has direct
access to and frontage on Scherzinger Lane. The site is surrounded by land designated RM and
RL and uses including single-family and multi -family residences.
The applicant is requesting a General Plan Amendment and Zone Change to RH. The
Residential High (RH) designation "permits group housing similar to the residential medium
high at a density up to twenty-eight and no tenths (28.0) dwellings per gross acre. Private
recreation amenities are provided on-site as well as private common open space" (City of Santa
Clarita Unified Development Code, Section 17.11.020.H).
GENERAL PLAN ZONING LAND USE
Project Site RM/RL RM/RL Vacant Residential Property
North RM/RL RM/RL Multi -Family Residences
South RM/RL RM/RL Single -Family Residence
West RM RM Single -Family Residence
East RS RS Vacant Residential Property
Analysis
In general, the Lower Scherzinger Area meets the City standards for site design, architecture,
landscaping, on-site recreational amenities, green space and resident and guest parking. The
Scherzinger neighborhood is an older area of the City that developed prior to incorporation
which is lacking in both public infrastructure and private investment. Development of an
owner -occupied townhome development to current City standards will lead to needed public
infrastructure improvements and will likely result in new private investment in the neighborhood.
However, the Upper Hillside Area fails to achieve the quality of development and effective
planning principles that the City desires—mostly due to topography, retaining walls, and the
location of the tot lot. These issue areas are discussed below.
Twoeranhv: The development of the site includes 10 buildings consisting of 44
multi -family residential units that would be constructed with this proposal. Twelve of the
residential units would be constructed on the easterly side of the property in the Upper
Hillside Area with a tot lot area. The City's Engineering Division has expressed concern
with the placement of the 12 units and tot lot area in proximity to a prominent slope at the
rear of the property, due to minor slope failure that occurred during the rainfall of late
2004 -early 2005. The driveway slope accessing the project site from Sherzinger Lane is
15%. In order to access the units on the Upper Hillside Area, a resident would have to
traverse an additional 16% slope with these units fronting a driveway with a slope ranging
from 6% to 13%. Units on the Upper Hillside Area are elevated approximately 11 -to -15
feet higher than the units below.
Retaining Walls: The applicant is proposing to install retaining walls that exceed 10 feet
in height throughout the site. The three-story townhome buildings on the Lower
Scherzinger Area would block most of the retaining walls from public view as they are
located behind the second row of buildings. However, units on the Upper Hillside Area
would have two parallel rows of retaining walls around its periphery. In many areas,
these average a height of a 15 -foot retaining wall in front of a 10 -foot retaining wall and
go as high as a 15 -foot retaining wall in front of a 23 -foot retaining wall. The applicant
proposes to install landscaping on the slopes between the retaining walls to minimize the
visual effect.
Tot Lot Location: The tot lot would be elevated approximately 30 feet higher than the
grade of Shetzinger Lane fronting the development. Effective site planning would have
the tot lot centrally located for all 44 units of the development and not be placed on the
highest elevated portion of the proposed grading envelope. The slope and grade of the
project in this area is such that the applicant has proposed exterior staircases between the
westernmost units and the tot lot, with a pedestrian ramp. From the steepness of the
driveway slope and the number of staircases shown on the site plan, it would be a
challenge for any resident with children living in the Lower Sherzinger Area to easily
access this tot lot.
Zoning Designation: If the site design is revised to remove the 12 units in the Upper
Hillside Area, staff would recommend that this project be proposed to be rezoned to
Residential Medium High (RMH) instead of Residential High (RH). An RMH zone for
this property, with 9.9 acres and an average cross slope of 43%, would allow the applicant
to construct 35 residential units in the Lower Scherzinger Area. This would result in a
series of beneficial changes to the site plan, including, but not limited to:
• Reduced grading on a hillside property which results in improved project design,
improved visual character, less environmental impacts, and reduced exposure to
slope hazards;
• Fewer retaining walls and at lesser heights than what is currently proposed; and
• The tot lot would be relocated further to the west, off of the hillside, and be more
centrally located and easier to access.
Noticing/Public Outreach
As required by the UDC, 21 days prior to the City Council hearing, all property owners within a
1,000 -foot radius of the subject site were notified of the application and a legal notice advertising
the public hearing was placed in the local newspaper. A public notice sign was also posted
on-site.
Environmental Review
Although this project is considered a `project' under the California Environmental Quality Act
(CEQA), staff did not prepare an initial study for this project, due to the recommendation of
denial. CEQA does not require that an environmental analysis be prepared for projects that are
denied by the decisionmaking body.
ALTERNATIVE ACTIONS
Any other action as determined by the Council.
FISCAL IMPACT
There is no fiscal impact associated with the proposed project or the recommended action.
ATTACHMENTS
Council Resolution
Vicinity Map
Aerial Map
Tentative Tract Map
Colored Elevations
CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City of Santa Clarita in the City
Hall Council Chambers, 23920 Valencia Blvd., I" Floor, Santa Clarita, California, on the 9`h day
of May, 2006, at or after 6:00 p.m. to consider an appeal of the Planning Commission decision to
deny the approval of Master Case 05-072; General Plan Amendment 05-002; Zone Change 05-
002; Tentative Tract map 61426; Conditional Use Permit 05-004; Hillside Review 05-001;
Minor Use Permit 05-055; and Oak Tree Permit 05-010; for the construction of 10 buildings
consisting of 44 multi -family units on 9.9 acres located east of Siena Highway at Scherzinger
Lane. A tentative tract map is proposed to merge four existing lots into one and subdivide the air
space of each of the units; a conditional use permit is proposed for a height variance; a hillside
review is proposed for the development of a site with an average cross slope in excess of 10%; a
minor use permit is proposed for the export of 37,880 cubic yards of dirt; and an oak tree permit
is proposed to remove seven scrub oaks on-site. The project site is located at 17850 Scherzinger
Lane, east of Siena Highway, in the community of Canyon Country, City of Santa Clarita.
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 Department Community
Development, 23920 Valencia Blvd., Suite 302, Santa Clarita, CA 91355; (661) 255-4330, Jason
Smisko, Senior Planner.
If you wish to challenge this action 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.
Dated: April 14, 2006
Sharon L. Dawson, CMC
City Clerk
Publish Date: April 18, 2006
City of Santa Clarita Planning Division N
TENTATIVE TRACK MAP NO. 61426
FOR CONDOMINIUM PURPOSES
(On file in the Planning Division)
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THE AFRIAT CONSULTING GROUP, INC.
November 14, 2005 m
Sharon Dawson cmm o -
OFFICE OF THE CITY CLERK mn `
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City of Santa Clarita ti< cn n
23920 Valencia Blvd, Suite 304
Santa Clarita, CA 91355 0o r
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RE: REQUEST FOR APPEAL TO THE CITY COUNCIL, Master Case!durngr 05-
072, General Plan Amendment 05-002, Zone Change 05-002, Tentative Tract Map
61426, Conditional Use Permit 05-004, Hillside Review 05-001, Minor Use Permit 05-
055, Oak Tree Permit, 05-010.
Dear Ms. Dawson:
This written transmittal is being submitted to the City to respectfully request an appeal to
the City Council related to the above -entitled case that was reviewed by the City Planning
Commission on November 1, 2005. The action taken by the Planning Commission was
denial of the project entitlement requests.
City Staff Report states, '7f the site design is revised to remove the 14 units in the
Upper Hillside Area, staff would recommend that this project be proposed to be
re -zoned to Residential Medium High (RMH) instead of Residential High (RH). An
RMH zone for this property, with 9.9 acres and an average cross slope of 4301o,
would allow the applicant to construct 35 residential units in the Lower
Scherzinger area..." Staff reports at Page 7, Paragraph 2.
The conclusion to be drawn from this section is that the City planning staff have conceived
a scenario where they would recommend approval. Therefore, the applicant's grounds for
appeal are as follows:
❑ That the project should be approved by the City Council as to the 35 units because
the recommended findings were established by both the staff report and the
applicant's testimony at the November 15C hearing of the Planning Commission;
o That the project should also be approved by the City Council as to the remaining 14
units located on Upper Scherzinger because the applicant established the significant
benefits (i.e. adding to the city's existing housing stock, providing workforce housing
for professionals such as teachers, police officers and firefighters, eliminating
neighborhood blight) to the community at large and the City which were not fully
taken into account by the Commission at the same hearing.
4107 Magnolia Boulevard ■ Burbank, California 91505
818/450-2770 ■ 323/856-7070 0 Fax: 818/558-7688
www.afrlat.com
...
Letter to City Clerk
November 14, 2005
Page 2/2
Enclosed, you will find a check in the amount of $2,009.00. In the meantime, if you have
any questions, please do not hesitate to contact me directly at 818/450-2770. Thank you
for your attention to this matter.
Sincerely,
STEVEN AFRIAT
President