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HomeMy WebLinkAbout2010-11-23 - AGENDA REPORTS - MC 10-070 DEV STANDARDS (2)Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: NO* DATE: November 23, 2010 SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE FOR MASTER CASE 10-070, UNIFIED DEVELOPMENT CODE (UDC) AMENDMENT 10-005, TO MODIFY THE UDC TO ESTABLISH DEVELOPMENT STANDARDS FOR THE OUTDOOR DISPLAY OF MERCHANDISE ON COMMUNITY COMMERCIAL ZONED PROPERTIES WITHIN THE REDEVELOPMENT AREA (RDA) OF THE CITY OF SANTA CLARITA DEPARTMENT: Community Development RECOMMENDED ACTION City Council adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 10-070, CONSISTING OF UNIFIED DEVELOPMENT CODE (UDC) AMENDMENT 10-005, AMENDING THE UDC TO ESTABLISH DEVELOPMENT STANDARDS FOR THE OUTDOOR DISPLAY OF MERCHANDISE ON COMMUNITY COMMERCIAL ZONED :r PROPERTIES WITHIN THE REDEVELOPMENT AREA (RDA) OF THE CITY OF SANTA CLARITA." BACKGROUND On October 26, 2010, the City Council of the City of Santa Clarita conducted a public hearing regarding a UDC Amendment to modify the UDC to establish development standards for the outdoor display of merchandise on Community Commercial zoned properties within the RDA of the City of Santa Clarita. At the October 26, 2010 meeting, the City Council introduced an Ordinance and passed it to a second reading for the City Council meeting of November 23, 2010. ALTERNATIVE ACTIONS Other actions as determined by the Council. FISCAL IMPACT No negative fiscal impact is anticipated as a result of the proposed project. ATTACHMENTS Ordinance Exhibit A - Proposed UDC Changes Agenda Report 10-26-10 available in the City Clerk's Reading File Notice of Exemption available in the City Clerk's Reading File ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 10-070, CONSISTING OF UNIFIED DEVELOPMENT CODE (UDC) AMENDMENT 10-005, AMENDING THE UDC TO ESTABLISH DEVELOPMENT STANDARDS FOR THE OUTDOOR DISPLAY OF MERCHANDISE ON COMMUNITY COMMERCIAL ZONED PROPERTIES WITHIN THE REDEVELOPMENT AREA (RDA) OF THE CITY OF SANTA CLARITA. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1: FINDINGS OF FACT. The City Council does hereby make the following findings of fact: a. The Redevelopment Agency of the City of Santa Clarita was established in November 1989; b. The first Redevelopment Area of the City of Santa Clarita was established by Santa Clarita City Council in July 1997; C. On July 19, 2010, the City of Santa Clarita (the "Applicant") initiated an application to revise section 17.15.040 of the Unified Development Code to establish development standards for the outdoor display of merchandise within the Community Commercial zone of the Redevelopment Area in the City of Santa Clarita; d. The project was duly noticed in accordance with the noticing requirements for the Unified Development Code amendment on September 24, 2010; e. The Planning Commission held a duly noticed public hearing on UDC Amendment 10- 005 on September 7, 2010. At the close of the public hearing on September 7, 2010, the Planning Commission unanimously recommended that the City Council approve UDC Amendment 10-005 for the establishment of development standards for the outdoor display of merchandise within the Community Commercial zone of the RDA in the City of Santa Clarita. Notice of said public hearing was given in the manner required by the Santa Clarita Municipal Code and State law; f. On October 26, 2010, the City Council held a duly noticed public hearing on this issue, commencing at 6:00 p.m. at City Hall, located at 23920 Valencia Boulevard, City of Santa Clarita; and g. The documents and other materials, which constitute the record of proceedings upon which the decision of the City Council is based in this matter, are on file within the Community Development Department and are in the custody of the Director of Community Development. SECTION 2. Based upon the testimony and other evidence received at the hearing, and upon the study and investigation made by the City Council and on its behalf, the City Council further finds as follows: a. The purpose of the proposal is to establish development standards for the outdoor display of merchandise within the Community Commercial (CC) zone of the RDA in the City of Santa Clarita. b. That the amendment has been reviewed for consistency with the City's General Plan. C. Public participation and notification requirements pursuant to Sections 65090 and 65391 of the Government Code of the State of California were duly followed. SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the testimony and other evidenced received, the City Council finds as follows: a. This project is exempt per Article 19: Categorical Exemptions, Section 15301: Existing Facilities, of California Environmental Quality Act (CEQA) as a Class 1 Exemption consisting of a negligible expansion of an existing use; b. The documents and other materials which constitute the record of proceedings upon which the decision of the City Council is made in the Master Case 10-070 project file located within the Community Development Department and is in the custody of the Director of Community Development; and C. The City Council, based upon the findings set forth above, hereby finds the Notice of Exemption for this project has been prepared in compliance with CEQA. SECTION 4. UNIFIED DEVELOPMENT CODE AMENDMENT FINDINGS. Based upon the foregoing facts and, findings, the City Council hereby finds as follows: a. The proposed Unified Development Code Amendments (Exhibit A) are consistent with the objectives of the Unified Development Code, the General Plan, and development policies of the City as it will support the economic viability of businesses within the Redevelopment Area by making minor alterations to the Unified Development Code that would establish development standards that would allow for the outdoor display of merchandise for qualifying businesses. SECTION 5. The City Council hereby introduces and passes to second reading, this ordinance approving UDC Amendment 10-005 as described herein and shown on attached Exhibit A. SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this day of , 2010. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at the regular meeting of the City Council on the day of , 2010. That thereafter, said Ordinance was duly passed and adopted at the regular meeting of the City Council on the day of , 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK s STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 10-, adopted by the City Council of the City of Santa Clarita, CA on , 2010, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 20 Sarah P. Gorman, Esq. City Clerk By Susan Caputo Deputy City Clerk \\CITYHALL2\Dept\CD\CURREN'R!20I0\10-069 (Main St. outdoor Dining)\City Council\CC Ordinance.doc Exhibit "A" Proposed Modifications to Unified Development Code The following is a summary of the amendments proposed at this time. Throughout the following amendments, the changes are noted as follows: Underlined sections indicate new wording. 17.15.040 Property Development Standards: C and I Zones D. Outdoor Display of Merchandise. 1. No merchandise, or any portion thereof, shall be displayed on public property; however, merchandise may be displayed within the public right-of-way if an encroachment permit has first been obtained from the City. 2. Merchandise, except for vehicles, shall not project more than four (4) feet beyond the store front except for those outdoor display areas located within_ the Redevelopment Area. 3. Except for vehicles, merchandise shall be displayed outside only during business hours. 4. The aggregate display area shall not exceed fifty (50) percent of the linear frontage of the store front or six (6) linear feet, whichever is greater except for those outdoor display areas located within the Redevelopment Area. 5. Merchandise shall not be displayed in such a manner as to present a hazard to safety, impede convenient vehicular and/or pedestrian access to the building or business, or create a display that is detrimental to the appearance of the premises and surrounding property; or is in any other manner detrimental to the public health, safety, welfare, or causes a public nuisance. 6. Required parking spaces shall not be used for display. 7. Within the Redevelopment Area (RDA), the outdoor display of merchandise shall be permitted for all businesses within the Community Commercial (CC) zone subject to the additional guidelines: a. Any entryway to the subject business must be at least one hundred -fifty (150') feet from any public right-of-way_ b. The aggregate display area utilized for the outdoor display_ of merchandise shall not exceed an area equal to five percent (5%) of the gross area of the subject tenant space. c. The outdoor display of merchandise shall only be permitted within those parking spaces identified as surplus parking_ pursuant to section 17.18.130 herewithin. d. Only new merchandise associated with the eligible business shall be permitted within any outdoor display area. No used or second party merchandise shall be permitted. e. Merchandise shall only be displayed during typical business hours of the subject business. No overnight display of merchandise shall be permitted. f. Pursuant to section 17.19.240 of the UDC, prohibited signage or attentioneg tting_devices shall not accompany any outdoor display area. Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: Mike Marshall DATE: October 26, 2010 SUBJECT: A REQUEST FOR THE APPROVAL OF MASTER CASE 10-070, UNIFIED DEVELOPMENT CODE (UDC) AMENDMENT 10-005, TO MODIFY THE UDC TO ESTABLISH DEVELOPMENT STANDARDS FOR THE OUTDOOR DISPLAY OF MERCHANDISE ON COMMUNITY COMMERCIAL ZONED PROPERTIES WITHIN THE REDEVELOPMENT AREA (RDA) OF THE CITY OF SANTA CLARITA. DEPARTMENT: Community Development RECOMMENDED ACTION City Council introduce and pass to second reading, an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 10-070, CONSISTING OF UNIFIED DEVELOPMENT CODE (UDC) AMENDMENT 10-005, AMENDING THE UDC TO ESTABLISH DEVELOPMENT STANDARDS FOR THE OUTDOOR DISPLAY OF MERCHANDISE ON COMMUNITY COMMERCIAL ZONED PROPERTIES WITHIN THE REDEVELOPMENT AREA (RDA) OF THE CITY OF SANTA CLARITA." BACKGROUND In response to feedback from the business community within the RDA, the City has proposed modifications to section 17.15.040 of the UDC regarding the outdoor display of merchandise. Business owners expressed concerns regarding adverse economic impacts due to the significant distance between business entry ways and adjacent rights-of-way. In order to address the concerns of the business community and to promote enhanced economic vitality, the City of Santa Clarita has proposed modifications to the UDC that would establish development standards allowing for the outdoor display of merchandise for businesses in the Community Commercial (CC) zone of the City's RDA. The proposed modifications would not apply to the Downtown Newhall Specific Plan (DNSP), as the development standards within the DNSP have been established for the purpose of creating an identifiable aesthetic that promotes high density development with lot coverage allowances that would not adequately accommodate the outdoor display of merchandise as proposed. A copy of the proposed amendments has been provided as Exhibit "A". On June 7, 2010 staff made a presentation before the Newhall Redevelopment Committee (NRC) to introduce and receive comments on the proposed outdoor display of merchandise modifications. Staff then included applicable comments into the final version of the proposed UDC amendments and made a final presenation before the NRC on August 2, 2010. Then on September 7, 2010, the Planning Commission, with a 4-0 vote, recommended that the City Council approve Master Case 10-070. - ANALYSIS Proposed Modifications The following is a summary of the amendments proposed at this time. Throughout the following amendments, the changes are noted as follows: Underlined sections indicate new wording. 17.15.040 Property Development Standards: C and I Zones D. Outdoor Display of Merchandise. 1. No merchandise, or any portion thereof, shall be displayed on public property; however, merchandise may be displayed within the public right-of-way if an encroachment permit has first been obtained from the City. 2. Merchandise, except for vehicles, shall not project more than four (4) feet beyond the store front except for those outdoor display areas located in the CC zone of the Redevelopment Area. 3. Except for vehicles, merchandise shall be displayed outside only during business hours. 4. The aggregate display area shall not exceed fifty (50) percent of the linear frontage of the store front or six (6) linear feet, whichever is greater except for those outdoor display areas located in the CC zone of the Redevelopment Area. 5. Merchandise shall not be displayed in such a manner as to present a hazard to safety, impede convenient vehicular and/or pedestrian access to the building or business, or create a display that is detrimental to the appearance of the premises and surrounding property; or is in any other manner detrimental to the public health, safety, welfare, or causes a public nuisance. 6. Required parking spaces shall not be used for display. 7. Within the Redevelopment Area (RDA), the outdoor display of merchandise shall be permitted for all businesses within the Community Commercial (CC) zone subject to the additional guidelines: a. Any entry way to the subject business must be at least one hundred -fifty (150') feet from any public right-of-way, b. The aggregate display area utilized for the outdoor display of merchandise shall not exceed an area equal to five percent (5%) of the gross area of the subject tenant space. c. The outdoor display of merchandise shall only be permitted within those parking spaces identified as surplus parking pursuant to section 17.18.130 herewithin. d. Only new merchandise associated with the eligible business shall be permitted within any outdoor display area. No used or second party merchandise shall be permitted. e. Merchandise shall only be displayed during typical business hours of the subject business. No overnight display of merchandise shall be permitted. f. Pursuant to section 17.19.240 of the UDC, prohibited signage or attention eg tting devices shall not accompany any outdoor displace ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) per Article 19, Section 15301: Existing Facilities, Class 1. Class 1 exemptions include the negligible expansion of existing use. The applicant is proposing to modify an approved specific plan to allow for outdoor dining within an urbanized portion of the City of Santa Clarita. Although the project would allow the expansion of existing uses, the expansion is considered to be negligible. The expansion would not expand the existing development footprint nor would it significantly change the character of existing buildings. PUBLIC REVIEW As required by the Unified Development Code and CEQA, a 1/8`h page advertisement was placed in the Signal newspaper on September 24, 2010, advertising the public hearing for Master Case 10-070. The project has met all the noticing requirements as identified under the Government Code, UDC, and California Environmental Quality Act. As of the date of this report, the Planning Division has received no written opposition. ALTERNATIVE ACTIONS Other actions as determined by the Council. FISCAL IMPACT No negative fiscal impact is anticipated as a result of the proposed project. ATTACHMENTS Ordinance Proposed UDC Changes (Exhibit "A") Notice of Exemption NOTICE OF EXEMPTION TO: [X] County Clerk, County of Los Angeles 12400 Imperial Highway, Room 2001 Norwalk, CA 90650 [ ] Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 FROM: City of Santa Clarita 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 APPLICATION: Master Case 10-070, Unified Development Code Amendment 10-005 PROJECT LOCATION: Community Commercial zoned property within the Redevelopment Area of the City of Santa Clarita PROJECT APPLICANT: City of Santa Clarita PROJECT DESCRIPTION: The City of Santa Clarita is proposing to modify portions of Chapter 17.15.040 of the Unified Development Code. The amendments will establish development standards for the outdoor display of merchandise within Community Commercial zone of the City's Redevelopment Area. This is to advise that the City of Santa Clarita City Council has approved the above described project on November 9, 2010, and has found the project is EXEMPT from the provisions of the California Environmental Quality Act (CEQA). The EXEMPT STATUS of the project is listed under Article 19 CATEGORICAL EXEMPTIONS; the project is exempt from the California Environmental Quality Act (CEQA) under Article 19 Categorical Exemptions, Section 15301 as a negligible expansion of an existing use. Mike Marshall, Assistant Planner II City of Santa Clarita Community Development Department 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 (661)255-4330 Date