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HomeMy WebLinkAbout2010-11-23 - ORDINANCES - MC 10-070 RDA OUTDOOR DISPLAY (2)ORDINANCE NO. 10-15 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 HEREBY 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 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 10-070 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. 2 U PASSED, APPROVED AND ADOPTED this 23rd day of November, 2010. ATTEST: CITY CLERK DATED: 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. 10-15 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 Ender, McLean, Ferry, Weste Kellar None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 10-15 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). 3 CITY CLERK Dated STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE City Clerk of the City of Santa Clarita,' do hereby certify that this is a true and correct copy of the original Ordinance No. 10-15, adopted by the City Council of the City of Santa Clarita, CA on November 23, 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—. City Clerk By Deputy City Clerk 1 1 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 subiect 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 overnightplay of merchandise shall be permitted. f. Pursuant to section 17.19.240 of the UDC, prohibited signage* attention getting devices shall not accompany any outdoor display area.