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Home My WebLink About2009-12-08 - AGENDA REPORTS - APPROVAL ZC 05-005 MC 05-172 (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item. `' CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by December 8, 2009 Patrick Leclair SECOND READING OF AN ORDINANCE APPROVING ZONE CHANGE 05-005 (MASTER CASE 05-172) TO AMEND THE CITY'S ZONING MAP AND CHANGE THE ZONING OF PARCEL 2836-064-016 FROM INDUSTRIAL (I) TO COMMERCIAL NEIGHBORHOOD (CN) ON THE PROJECT SITE LOCATED ON OAK RIDGE DRIVE IN THE CITY OF SANTA CLARITA. Community Development RECOMMENDED ACTION City Council conduct a second reading and adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING ZONE CHANGE 05-005 (MASTER CASE 05-172) TO AMEND THE CITY'S ZONING MAP AND CHANGE THE ZONING OF PARCEL 2836-064-016 FROM INDUSTRIAL (I) TO COMMERCIAL NEIGHBORHOOD (CN) ON THE PROJECT SITE LOCATED ON OAK RIDGE DRIVE IN THE CITY OF SANTA CLARITA." BACKGROUND On November 24, 2009, the City Council conducted a public hearing for Master Case 05-172 "for Zone Change 05-005, General Plan Amendment 05-005, and Development Review 05-017 to change the Zoning and General Plan land use designation of the project site from Industrial (I) to Commercial Neighborhood (CN) to allow for the construction of a 35,818 square -foot neighborhood commercial center on Oak Ridge Drive. At that hearing, the City Council conducted the first reading, and passed to a second reading an ordinance to change the zoning of the project site from Industrial (I) to Commercial Neighborhood (CN), and adopted a Resolution for (1) the adoption of the Mitigated Negative Q Declaration prepared for the project, (2) the approval of the General Plan Amendment to change the General Plan land use designation from Industrial (I) to Commercial Neighborhood (CN), and (3) the approval of the Development Review to allow for the construction of the proposed neighborhood commercial center. During the public hearing for the project, the City Council expressed concern regarding noise generation from the roof -mounted mechanical equipment associated with the project. The following condition of approval was incorporated into the Exhibit "B" of the Resolution prepared for the project to ensure that noise levels will comply with the City's Noise Ordinance (Municipal Code Section 11.44): PL7. All roof -mounted mechanical equipment must comply with the City's Noise Ordinance (Municipal Code Section 11.44). The applicant shall ensure that all equipment will comply with the Noise Ordinance through the use of applicable noise dampening measures including but not limited to: sound walls; sound blankets; equipment enclosures; vibration pads; or other sound reducing devices. When preparing construction documents for the proposed buildings, the applicant shall consider the location of the equipment on the roof of the structures, as well as the type of equipment used, to reduce the noise to the surrounding residential uses to comply with the Noise Ordinance. ALTERNATIVE ACTIONS Other actions as determined by Council. FISCAL IMPACT No fiscal impact is anticipated with the approval of the proposed Zone Change. ATTACHMENTS Ordinance - Exhibit A - Zone Change Exhibit T04 ORDINANCE 09 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING ZONE CHANGE 05-005 (MASTER CASE 05-172) TO AMEND THE CITY'S ZONING MAP AND CHANGE THE ZONING OF PARCEL 2836-064-016 FROM INDUSTRIAL (I) TO COMMERCIAL NEIGHBORHOOD (CN) ON THE PROJECT SITE LOCATED ON OAK RIDGE DRIVE IN THE CITY OF SANTA CLARITA THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact: a. On May 25, 2005, an entitlement application was filed by TMC Properties (the "applicant") with the Community Development Department for Master Case 05-172. The entitlement requests (collectively "Entitlements") included General Plan Amendment 05-005, Zone Change 05-005, and Development Review 05-011 to develop a 35,818 square -foot, neighborhood commercial center located on the southeast corner ,of Railroad Avenue (Formerly San Fernando Road) and Oak Ridge Drive in the City of Santa Clarita (the "subject site"). b. Zone Change 05-005 will change the zoning designation of APN 2836-064-016 from Industrial (I) to Commercial Neighborhood (CN). The zoning will be consistent with the proposed General Plan classification (see Exhibit A, zone change exhibit). C. A Mitigated Negative Declaration for Master Case 05-172 has been prepared and circulated in compliance with the California Environmental Quality Act (CEQA). d. On October 20, 2009, the Planning Commission held a duly noticed public hearing on Master Case 05-172. The Planning Commission voted 5-0 recommending that the City Council adopt the Mitigated Negative Declaration and that the City Council approve the Entitlements, per Resolution No. P09-27. e. On November 24, 2009, the City Council held a duly noticedpublic hearing on this issue, commencing at 6:00 p.m. at City Hall, located at 23920 Valencia Boulevard, City of Santa Clarita. f. On November 24, 2009, the City Council adopted a Mitigated Negative Declaration and approved Master Case 05-172 with the associated entitlements for the development of a 35,818 square -foot neighborhood commercial center on project site. 3 The Council approved, and passed the ordinance to a second reading on December 8, 2009. g. All public hearings and meetings on Master Case 05-172 held by the Planning Commission were at 7:00 p.m. in the City Council Chambers, located at 23920 Valencia Boulevard, City of Santa Clarita. All public hearings and meetings held by the City Council were at 6:00 p.m. in the City Council Chambers, located at 23920 Valencia Boulevard, City of Santa Clarita. All public hearings were advertised in The Signal newspaper and by direct first-class mail to property owners within 1,000 feet of the subject property. In addition, the date and time of the public hearings were posted on the subject site. h. The documents and other materials, which constitute the record of proceedings upon which the decision of the City Council is based, are on file within the Community Development Department and are in the custody of the Director of Community Development. SECTION 2. FINDINGS FOR A ZONE CHANGE. Based on the above findings of fact and recitals and the entire record, including, without limitation, the Mitigated Negative Declaration prepared for Master Case 05-172, oral and written testimony and other evidence received at the public hearings held on the project, reports and other transmittals from City staff to the City Council, and upon studies and investigations made by the Planning Commission and on its behalf, the City Council finds, ds follows: a. The proposed change is consistent with the objectives of the City's Unified Development Code, the City's General Plan, and the development policies of the City of Santa Clarita. Following approval of Zone Change 05-005 to the City's Zoning Map, Master Case 05-172 is consistent with the designation of Commercial Neighborhood (CN). Furthermore, Section IX (Land Use) of the Initial Study prepared for Master Case 05-172. contains a detailed analysis documenting the. project's consistency with the City's Unified Development Code (UDC), the goals and policies of the City's General Plan and the development policies of the City of Santa Clarita. SECTION 3. The City Council approves the request to re -designate the project site and specifically APN 2836-064-016 from Industrial (I) to Commercial Neighborhood (CN). The zoning will be consistent with the proposed General Plan classification (see Exhibit A, zone change exhibit). SECTION 4. This .Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 5. The City Clerk shall certify to the passage. of this Ordinance and shall cause the same to be published as required by law. 2 `� PASSED, APPROVED AND ADOPTED this 8th day of December, 2009. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 09- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of, November 2009. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 8th day of December, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). , CITY CLERK 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) . CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance 09- , adopted by the City Council of the City of Santa Clarita, CA on December 8, 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 52009. Sharon L. Dawson, MMC City Clerk By Susan L. Caputo, CMC Deputy City Clerk 5 N IN 1 I P P ENEFF@� IN i$ C G C s � w d> nw s p GACGDTIpP pSS.W ^. � u ,y T 6d OP 6� C j 2 K =l. � ppK RIDGE DR �, 6 PARK'H�D U o rc.. O' D � 2_O W "",DAD A' Ab avo,llvb N O 0 EXHIBIT N IN 1