HomeMy WebLinkAbout2010-10-26 - AGENDA REPORTS - OUTDOOR DISPLAY MERCHANDISE (2)Agenda Item: / I
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 DEVELOMENT
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
Ordinance passed to
Second reading
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.
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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 izuidelines:
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
getting devices shall not accompany any outdoor display area.
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 1/8th 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
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, APPROVING MASTER CASE 10-069, CONSISTING OF SPECIFIC PLAN
AMENDMENT 10-004, AMENDING THE DOWNTOWN NEWHALL SPECIFIC PLAN
(DNSP) TO MODIFY SECTION 4.2.020 AND ADD SECTION 4.7 MAIN STREET
OUTDOOR DINING GUIDELINES
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 Downtown Newhall Specific Plan was adopted by the City Council in December
2005;
b. On July 19, 2010, the City of Santa Clarita (the "Applicant") initiated an application to
revise Chapter 4 of the Downtown Newhall Specific Plan to provide opportunities for
outdoor dining in the Urban Center zone of the Downtown Newhall Specific Plan area in
the City of Santa Clarita;
C. The project was duly noticed in accordance with the noticing requirements for the
Specific Plan amendment on September 24, 2010;
d. The Planning Commission held a duly noticed public hearing on Specific Plan
Amendment 10-004 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 Specific Plan Amendment 10-004 for the establishment of Main Street
Outdoor Dining Guidelines within the DNSP area to include an application and checklist,
property owners statement, and license agreement. Notice of said public hearing was
given in the manner required by the Santa Clarita Municipal Code and State law;
e. 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
f. 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:
The purpose of the proposal is to establish guidelines for the use of the public right of
way for the purpose of outdoor dining in the Urban Center Zone of the DNSP area.
b. That the amendment has been reviewed for consistency with the City's proposed 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 10-069 project file
located within the Community Development Department and is in the custody of the
Director of Community Development; and
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. DOWNTOWN NEWHALL SPECIFIC PLAN AMENDMENT FINDINGS.
Based upon the foregoing facts and findings, the City Council hereby finds as follows:
a. The proposed Downtown Newhall Specific Plan Amendment (Exhibit A) is consistent
with the objectives of the Downtown Newhall Specific Plan, the Unified Development
Code, the General Plan, and development policies of the City as it will establish
development standards for outdoor dining within the public right-of-way as allowed in
section 4.2.060(D)(2) of the Downtown Newhall Specific Plan.
b. The proposed Downtown Newhall Specific Plan Amendment (Exhibit A) is consistent
the objectives of Main Street as the modifications are intended to promote the
commercial nature of Main Street by encouraging an intensity of activity that would be
further enhanced by the provision of outdoor dining opportunities.
SECTION 5. The City Council hereby introduces and passes to second reading, this ordinance
approving Specific Plan Amendment 10-004 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 )
14,
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
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
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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
attention getting devices shall not accompany any outdoor display area.
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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
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CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING «tw°` TM
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 Boulevard, 1St Floor, Santa Clarita,
California, on the 26th day of October, 2010, at or after 6:00 p.m. to consider the approval
of Master Case 10-070 (Unified Development Code Amendment 10-005) a proposal to
allow for the outdoor display of merchandise in the Community Commercial zone of the
Redevelopment Area in the City of Santa Clarita.
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.
On September 7, 2010, the Planning Commission, by a 4-0 vote, recommended that the
City Council approve the proposed project (Master Case 10-070).
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 Community
Development Department, 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA
91355; (661) 255-4330, Mike Marshall, Assistant Planner II.
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: September 24, 2010
Sarah Gorman, Esq.
City Clerk
Publish Date: 9/26/2010
sAcd\current\!2010\10-070 (outdoor display of merch.)\10-070 cc notice.doc
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