HomeMy WebLinkAbout2010-11-23 - ORDINANCES - MC 10-069 DNSP (2)ORDINANCE NO. 10-14
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
HEREBY 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 onSpecific 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:
a. 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 evidence 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
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. 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 with 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.
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PASSED, APPROVED AND ADOPTED this 23rd day of November, 2010.
ATTEST:
CITY�CLERK _
DATED: 91'(0
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. 10-14 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26th day of October, 2010. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 23rd day
of November, 2010, by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Kellar, McLean, Ferry, Ender, Weste
None
None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 10-14
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
I VVIR
Dated
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
ss.
CERTIFICATION OF
CITY COUNCIL ORDINANCE
City Clerk of the City of Sgnta Gl'arita; do, hereby
certify that this is a true and correct copy of the original Ordinance No:�10-1y4; adopted -by the
City Council of the City of Santa Clarita, CA on November 23, 2010, which i.- now o_mfile in my
office.
Witness my hand and seal of the City of Santa Clarita, California, this __ day of
, 20_.
City Clerk
By
Deputy City Clerk
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Exhibit "A"
Proposed Amendments to Downtown Newhall Specific Plan
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.
4.2.020 - Allowed Land Uses, Permit Requirements
TABLE 4-1
P
Permitted Use, Development Review required
Allowed Land Uses and Permit
MUP
Minor Use Permit Required
Requirements for Downtown Zones
CUP
Conditional Use Permit Required
x
X
Use not allowed
Land Use Type (1)
PERMIT
SECURED BY ZONE
Additional
Regulations
UG -1 I UG -2 I UC I COR I CD
Retail Uses
Antique or collectible store
x
x
P
P
x
Bar, tavern, night club
x
x
MUP
MUP
MUP
Building and landscape materials sales
x
x
x
x
MUP
Furniture, appliance, and equipment
store
x
x
P
P
x
General retail, except with any of the
following features
x
x
P
P
x
Alcoholic beverage sales
x
x
MUP
MUP
x
17.17.040
Auto -or motor -vehicle related
sales or services
x
x
x
x
x
Drive-through facilities
x
x
x
x
x
Floor area over 20,000 sf
x
x
x
P
x
On-site production of items sold
x
x
P
P
P
Operating between 11:00 pm
and -7:00 am
x
x
MUP
MUP
x
Used Merchandise
x
x
x
x
x
Neighborhood market/convenience
store
x
x
P
x
x
Outdoor Display and sales
x
x
MUP
MUP
I MUP
Restaurant, cafe, coffee shop, except
drive-through
x
x
P
P
P
Outdoor Dining
x
x
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x
x
Notes:
(1) A definition of each listed use type is in Unified Development Code Chapter
17.12 (Use Type Classifications) except where a specific type is defined by
Section 4.6 (Glossary)of this Downtown Code.
(2) Use allowed only on second or upper floor, or behind ground floor use.
(3) Allowed only as part of a vertical mixed use project, with upper floor residential
in a Commercial Block building type
(4) Requires Adult Business Permit in compliance with Unified Development Code
Section 17.17.050
(5) Outdoor Dining only. allowed for properties with frontage on Main Street in the
Urban Center (UC) zone subject to submittal requirements and license agreement
with the City of Santa Clarita
4.7 Main Street Outdoor Dining Guidelines
4.7.010 — Purpose
The purpose of the Main Street Outdoor Dining Guidelines is to promote safe and
attractive use of the public areas in Downtown Newhall. This section assists property
owners and tenants along Main Street in establishing outdoor dining areas in the public
right-of-way (ROW) that will help create a dynamic and lively atmosphere of the
commercial core of Downtown Newhall.
A. Context - This section imelements policies from the Downtown Newhall Specific
Plan effective December 2005 which encourage pedestrian oriented shops,
restaurants and services located on Main Street. To promote Main Street as the
recognizable focus of Downtown Newhall portions of the public right-of-way are
available for lease or license for the purposes of creating or extending outdoor dining
areas These standards apply to the design and construction of dining areas and
enclosures that will extend into leased areas of the public ROW along Main Street.
See Figure 1.0 for an outline of the project area.
B.-Eligible-•Pr-operties—_With.the.approval-of,the.=Director,of.>>,Community..Development,..
properties within the Urban Center zone may be allowed to encroach into the public
right of way for outdoor dining The Main Street Outdoor Dining Guidelines provide
standards for properties with frontage on Main Street for encroachments for outdoor
dining_ Eligible properties are shown in Figure 1.0 for a map of eligible properties
under these guidelines.
C. Application Process - The application process and submittal requirements to
establish an outdoor dining area within the right-of-way on Main Street are outlined
in the Main Street Outdoor Dining Area Application & Checklist.
D. Other Regulations - Business and property owners are not relieved from obtaining
other required approvals licenses and permits for a new or expanded business from
the Community Development Department, Public Works Department, Fire
Department Alcoholic Beverage Control Board (ABC), and any other appropriate
authority.
E. General Guidelines - The City's interest in reviewing applications for outdoor dining
relates to the safety and well beingof f the public and the promotion of the Downtown
as a vital and attractive pedestrian district The City's goal is to maintain the highest
standards of ?accessibility and safety while achieving an attractive and functional
design. In general, allowed encroachments should compliment public use and
improvements. In no case shall encroachments be permitted which serve to exclude
the public from any public sidewalk or street. The City may deny any application for
outdoor dining in the public right of way that it determines does not comply with
these guidelines or any other standard or regulation set forth by the City.
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F. Location and Dimensions — Dining areas in the right-of-way may be allowed where
it can be determined by the City that the encroachment would not.result, individually
or cumulatively, in a narrowing of the sidewalk such that important functional
attributes of the Downtown (e.g., ability of pedestrians to stroll side-by-side and to
pass comfortably for significant stretches lingering and window shopping) are not
jeopardized The location and dimensions of any item located in a public place shall
meet the minimum requirements set forth in these guidelines and any other local, state
or federal law or regulation.
1. Encroachments shall conform to the following standards:
u .5' minimum width unobstructed pedestrian path of travel
a 4' minimum setback from driveways
0 8' minimum setback from pedestrian ramps at corners
0 2' minimum setback from an legally required building entrance or exit.
o All dining furniture and appurtenances must be contained within the dining
area
o Aboverg ade planters or pots used as part of the dining enclosure shall be a
minimum height of 2'. Pots and plant materials shall not exceed a maximum
height of 4'.
Figure 2 — Setback Exhibit
G.
2. Encroachments shall not block safe access to businesses, parking spaces, bike
stalls or other spaces required by local, state or federal building or safety codes.
3. Chairs and tables shall not extend into the required accessible walkwayat t any
time. Chairs must be at a scale appropriate to the size of the table or space
4. Tables and chairs shall not be affixed to the sidewalk or any portion of the right-
of-way.
5. Heating devices shall be reviewed by the City of Santa Clarita for safety and
aesthetics and may require separate building permit review.
6. The Coinmunity Development Department may require an Architectural Design
Review to review any items placed in the City right-of-way that are not clearly
consistent with these guidelines.
An,, i�permitted to be placed in the
City right-of-way shall be maintained in
access ramps or doorways. Movable
items like chairs, shall be positioned to
prevent obstruction of access routes at
all times. The permitted item shall be, if
moved by patrons, relocated to the
appropriate location at all times.
All materials shall be well maintained
without stains, rust, tears or
discoloration. Materials that show signs
of significant wear/age shall be
Umbrellas shall be constructed of
durable fade resistant materials.
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H. Colors and Materials - The types of
materials placed on City sidewalks shall
portray a. well. maintained and
aesthetically appealing streetscape. The
variety of uses that exist in Downtown
Newhall require a cohesive guideline of
allowed materials, colors and variation of
items permitted in the common
commercial area.
All items located on the public
sidewalk shall be constructed of
durable materials appropriate for use in
the public right-of-way. Folding chairs,
light weight materials, deteriorated,
U.V. damaged, splintered or other
similar furniture will not be approved or
placed in the right-of-way. Sealed or
painted metal or wood tables are
recommended.
2. Permitted encroachments shall be
complimentary in material, color and
design to the buildings they serve and
are adjacent to.
3. Tablecloths;- umbrellas "ands_
materials used as part of ' an
encroachment, shall be clearly
described in the project application
(material samples may be required).
All materials shall be painted, stained,
etc., in a solid color; stripes and
patterns are discouraged.
4. Street furniture shall not contain signs,
advertising, or logos.
I. Umbrellas
1. Umbrella shades shall have approved
solid colors. Patterns and stripes are
discouraged.
2. Umbrellas shall be installed and
maintained so as to provide pedestrian
clearance by maintaining seven (7) feet
of clearance from the sidewalk to the
lowest edge, of the .umbrella. Umbrellas
shall not exceed a maximum height of
nine (9) feet from the base to the top
portion of the pole.
3. Umbrellas shall be constructed of a
canvas -type material suitable for outdoor
use. ' No plastic fabrics, plastic or vinyl -
laminated fabrics, or any type of rigid
materials are permitted.
Umbrellas shall be set back a minimum
of five (5) feet from the neighborina
property.
J. Barriers
1. A barrier is required for the
perimeter (with the exception of ac
openings) when the outdoor seating
extends more than four feet into
public ROW. Landscape planters m�
used as barriers.
2. Sectional fencing must be constructed of
metal (aluminum, steel, iron, or similar)
or wood and must be of a dark color
(either painted or stained).
3. Rope or chain barriers are permitted.
The rope or chain must have a minimum
diameter of one inch. Vertical support
posts must be constructed of wood or
metal.
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Barriers shall not be affixed to the
sidewalk or cause damage to the existing
right-of-way.
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K. Planters and Landscaping
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Planters shall contain plant materials in
healthy condition. Stressed, dead, or
dying landscape must be promptly
replaced.
Planters shall have a self-contained
watering reservoir system that prevents
an leakage onto the sidewalk.
3. Debris or litter caused by landscape
planters shall be maintained or cleaned
by the responsible business or property
owner. Debris, stains or litter shall be
cleaned or removed by the responsible
business or property owner.
4. Planters and landscaping shall be
trimmed to maintain the required
accessible walkway of no less than 5 feet
in width.
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L. Menu Boards
1. Menu boards shall be
limited to one per eligible
business and shall meet
the setback requirements
identified in Figure 2.
2. Menu boards shall be
limited to a maximum size
of 9 square feet.
Menu boards shall not be
affixed to or cause
damage to the existing
sidewalk or any other
portion of the right-of-way.
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sidewalk or any other
portion of the right-of-way.
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M. Lighting
1.. Lighting -shall, illuminate
only the dining area and
shall be shielded from the
public space.
2. Lighting shall be mounted
so that all wiring is
concealed. Rope or string
lights are allowed
provided they are installed
to the requirements of the
Building Code and
manufacturer's
specifications.
N. Signage
1. All siege proposed to be located upon umbrellas, barriers, or similar shall be
subject to the approval of the Director of Community Development. In no
circumstance shall off-site signage or corporate branding, other than that of the
subject business, be permitted.
O. Other Types oLEncroachments
'A..,.O.ther ...ty-pes .._of...encroachment,-.not_,_anticipated_...in..these_.__guidelines.._may.:._be_.
considered and permitted by the City, but must comply with the purpose and
intent of these guidelines.
P. Indemnification and Insurance
1. Issuance of an outdoor dining permit shall be contingent upon the applicant
enacting a Main Street Outdoor Dining License Agreement with the City of Santa
Clarita. The applicant shall also provide a Certificate of Liability Insurance for the
duration of the outdoor dining permit and license agreement. Annual minimum
coverage limits shall be established by the City at the time of application.
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