Loading...
HomeMy WebLinkAbout1992-01-14 - AGENDA REPORTS - APPEAL PLANNING CMSN P91 021 (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Approva Item to be presented y i Lynn M. Harris January 14, 1992 Appeal of Planning Commission decision (Resolution No. P91-58) on Master Case No. 90-153; Conditional Use Permit No. 90-021. The project site is located at 18830 Soledad Canyon Road. Community Development The City Clerk's office has received an appeal of the Planning Commission's decision of November 19, 1991 approving Master Case No. 90-153; Conditional Use Permit No. 90-021. The appellant is McDonald's Corporation. This.case was originally before the Planning Commission on May 7, 1991, and was continued (as an open public hearing) to the May 21, 1991 meeting. The Planning Commission directed staff to return with a formal resolution for denial of the proposal at the June 4, 1991 Planning Commission meeting. Tandam Builders (the applicant) appealed this decision to the City Council, which heard this item at the July 9, 1991 public meeting. The City Council indicated specific design changes which they wanted to see incorporated into the project, and directed staff to work with the developer and the community to revise the project. Staff brought the revised project back to the Planning Commission on November 191 1991 at which time it was unanimously approved. ANALYSIS McDonald's Corporation, the appellant, currently operates a fast-food restaurant at the southwest corner of Soledad Canyon Road and Luther Drive, adjacent to the project site. Condition No.,17 (of Resolution No. P91-58) requires that Luther Drive be realigned to form a four-way intersection with Homyr Place and Soledad Canyon Road. The Planning Commission determined that the realignment of Luther Drive with Homyr Place would improve the traffic; circulation pattern along Soledad Canyon Road (as well as Luther Drive and Homyr Place), and is preferred by the City Council and the Planning Commission as the most effective means to alleviate the traffic impacts associated with this project. APPROVED ax�a.uem:/ The McDonald's Corporation anticipates that the realignment of Luther Drive with Homyr Place would have a negative impact on their business due to the loss of their existing corner location. This was expressed by Jay Schutz, owner/operator of the McDonald's restaurant, who spoke at the November 19th Planning Commission meeting (Three people spoke in opposition, and one letter was received in opposition to the project. Neutral comments were made by three others, and three individuals representing the applicant spoke in favor of the project.) In.reaching this decision, all verbal and written testimony was considered by. the Planning Commission. After a brief discussion, additional conditions were proposed to be added to the Commission's motion of approval for the project. These conditions included two` deceleration lanes, a bus bay, a demolition permit contingency, extension of the proposed screening wall, and incorporation of the existing trees into the landscape design. With that, the Planning Commission found that this project is consistent with the General Plan, and that the revisions are in substantial conformance with the direction of.the City Council. 1. Receive the staff presentation; 2. Open the public hearing and receive testimony; 3. Uphold the.Planning Commission's decision for approval of Master Case No. 90-153 (ConditionalUsePermit No. 90-021); or ATTACHMENTS 1. Appeal request from Anton Schutz, McDonald's restaurant Owner/Operator. 2. Letter from McDonald's Corporation dated November 22, 1991. 3. Planning Commission Resolution No. P91-58, with conditions of approval. 4. Staff report dated November 19, 1991. 5. Minutes of the November 19, 1991 Planning Commission meeting. 6. Negative Declaration. 7. Project site plan. JC/488 PUBLIC HEARING PROCEDURE 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) S. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 10. Mayor•Announces Decision CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING APPEALING THE PLANNING COMMISSION'S APPROVAL TO ALLOW TANDAM BUILDERS TO CONSTRUCT A 98,000 SQUARE FOOT COMMERCIAL SHOPPING CENTER. THE 9.13 ACRE PROJECT SITE IS LOCATED AT 18830 SOLEDAD CANYON ROAD IN THE CITY OF SANTA CLARITA, CALIFORNIA. THE APPLICANT IS MCDONALD'S CORPORATION PUBLIC NOTICE IS -HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita regarding opposition to the approval of the Planning Commission's decision to allow Tandam Builders to construct a 98,000 square foot commercial shopping center. The 9.13 acre project site is located at 18830 Soledad Canyon Road in the City of Santa Clarita, California. The applicant is McDonald's Corporation. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 14th day of January, 1992, at or after 6:30 p.m. If you wish to challenge this order 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: December 20, 1991 Donna M. Grindey City Clerk Publish Date: December 23, 1991 27013 LANGSIDE AVE., STE. F Carl Boyer Santa Clarita 23920 Valencia Santa Clarita, City Council Blvd. CA. 91355 Dear Honorable Council Member: CANYON COUNTRY, CA 91351 November 28,1991 Please accept this letter as a formal appeal on.behalf of myself and McDonald's corporation on the rueling passed by the Planning Commission as of November 19th - Recase No.90- 153. R Resolution No. P9158. I.do not believe all parties were fully considered when this decision was made. There is tremendous support in our favor as will be demonstrated by letters and petitions to follow. As a business owner in the community, this decision will have a severe negative impact on my business. I also feel that a more equitable alternative could be reached between the.School Board, Tandem Developers, Myself, and McDonald's Corporation. I would like the opportunity to discuss my ideas with you at your earliest convience. cc: Buck McKeon Jo Anne Darcey Jill Klajic Jan Heidt Carl Boyer Lynn M. Harris George Caravalho Sincerely, i O>1 Anto Sc LICENSEE OF MCDONALDS SYSTEM, INC. AIRBORNE City of Santa Clarita Department of Community Development 203920 Valencia Blvd., 3rd Floor Santa Clarita, CA 91355 Attn: Jeff Chaffen Fax: c/o Donna Grindley (805) 259-8125 MODOn 91d'9 Cor, ranon Mcoonaltl & Plaza " Oak Brook Illinol 160521 (708) 575 3530�� November 22, 1991 RE: Canyon Country, CA 18850 Soledad Canyon Rd. L/C: 04-219; File #1826 Dear Chaffen: Please be advised that McDonald's Corporation is going to be filing its appeal of the City Council's approval of the: Shopping Center which Ss to be located at Soledad Canyon Road and Luther. While we do not object to the Shopping Center's development, we do object to the realignment of Luther Drive. We feel such a relocation of Luther Drive will irreparably harm both McDonald's Corporation and our local Owner/Operator, .Jay Schutz. We do not want to file an inverse condemnation case. We do wish to continue to.operate a successful store. The action you have taken mould substantially lower the fair market value of the property and decrease our sales. Mr. Schutz has presented to you a proposal for a modification of the Luther Street realignment so that a smaller island of property is created which would be purchased for use as additional parking for the McDonald's restaurant. We would hope that the City Council would consider Mr. iSchutz proposal and this matter be resolved so that all parties can feel there has been a satisfactory resolution. Sincerely, McDONALD'S CORPORATTIyION,, Kathleen M. Kuta Manager Real Estate Real Estate Legal D KMK/df/1807J(92) cc: John Dawson - Los Angeles #955 Sandra Ayers - Los Angeles #955 RESOLUTION NO. P91-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA'CLARITA APPROVING MASTER CASE NO. 90-153 (CONDITIONAL USE PERMIT 90-021) FOR THE PROPERTY AT 18830 SOLEDAD CANYON ROAD THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: a. An application for a conditional use permit was filed with the City of Santa Clarita by Tandam Builders, Inc. (the "applicant") on July 17, 1990. The property for which this application has been filed is located at 18830 Soledad Canyon Road, at the intersections of Soledad Canyon Road and Luther Drive, and Luther Drive and Mandan Street. (Assessor Parcel Number 2803-029-301, a legal description of which is on file. in the Department of Community Development.) b. The applicant requests a conditional use permit to allow a 98,050 square foot retail shopping center within the C -1 -DP zone. c. The property is flat, and has no oak trees -on-site: Vacant buildings occupying the site were formerly used by the Soledad Canyon Elementary School, the Pauline B. Chase Special Education School, and the Sulphur Springs School District. d. The subject parcel is zoned C -1 -DP (Restricted Business -Development Program Zone). Under the draft City Unified Development Ordinance the subject parcel is zoned CC(PD) (Commercial Community, Planned Development Zone.) The General Plan land use designation for the site is CC (Community Commercial), which allows commercial and retail uses.' e. Access to the parcel will be taken from Soledad Canyon Road, a m.aior highway *z ^ a minimum width of 100 feet, and from Lur er Drive. The applicant will dedicate 62 feet from the centerline of Soledad Canyon Road and construct roadway improvements including curb, gutter, base and pavement, street lights and street trees and sidewalk fronting the project site in accordance with planned improvements for this roadway. The applicant will also realign Luther Drive With Homyr Place and provide the appropriate resignalization for -this improvement. f. The applicant shall extend available utilities and water service to serve the project. The applicant is being conditioned to hook-up to the available sever to serve the site. The applicant shall provide for proper fire flows and devices as required by the Fire Department. g. This project was reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA). Staff prepared an Initial Environmental Assessment for this project. Staff has determined that, with the recommended mitigation measures, a Negative Declaration of Environmental Effect can be adopted for this project. h. The surrounding uses are: Retail commercial, single family residential, and a church (to the north), church and multi -family residential (to the south), single family residential (to the east), and retail commercial (to the west). i. The application was circulated for City Department and agency review upon receipt. The City of Santa Clarita Development Review Committee - (DRC) met on ,August 23, 1990, to review this project.The application was circulated for City Department and Agency review upon receipt. j. A duly noticed public hearing was held by the Planning Commission on November 19, 1991, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon the study and investigation made by the Planning Commission and on its behalf, the Commission further finds as follows: a. At the hearing of November 19, 1991, the Planning Commission considered the staff report prepared for this project and received testimony on this proposal. b. The City's General Plan designation for the project site is CC (Community Commercial). The proposed shopping center, with the conditional use permit as prepared, is consistent with this designation. c. The project is compatible with the surrounding. existing and potential land uses in the vicinity. The 9.13 acre parcel in the C -1 -DP Zone is suitable for the development of a 98,050 square foot shopping center. The project will comply with standards of -A the proposed CC(PD) Zone, with the of an an approved Conditional Use Permit. d. The applicant will make an offer of dedication of 62 feet from the centerline of Soledad Canyon Road, and will realign.Luther Drive with Homyr Place, and will provide full. improvements for a landscaped center median along the project's frontage. With these improvements, Soledad Canyon Road and Luther Drive will have the width, signalization, and improvements necessary to carry the kind and quantity of traffic generated by this shopping center. The required improvements are consistent with. other existing and planned roadway improvements to Soledad Canyon Road within the project vicinity. e. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features. prescribed in this title, or as otherwise required in order to integrate said use RESO P91-58 Page 2 with uses in the surrounding area. The project complies with applicable City codes regarding parking, landscaping, height, and yard.requirements. f. The maximum height for structures proposed for this project is thirty-five feet; twenty-one feet and one story maximum for any structures located on pad "A" (northeast corner of the project site.) g. The applicant will be required to extend public and private services and utilities to serve the project including a water system, power, gas, telephone, and sewer. Vith these provisions, project will be adequately served by.public and private service facilities. h. The granting of the conditional use permit for the project will not adversely affect the health, peace, comfort, or welfare' of persons residing or working in the surrounding area; nor be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the subject property; nor jeopardize, endanger or otherwise constitute subject- property; to the public health, safety or general welfare. The - project will comply with City codes. The project fronts on a major highway and is consistent with the established uses on major thoroughfares. The project provides required circulation improvements to address project impacts to Soledad Canyon Road and Luther Drive. i. Based on the Initial Study prepared for this project, the proposal will not have a significant effect on the environment because mitigation measures have been added to this project. The project •has received a Negative Declaration pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) SECTION 3. Based upon the foregoing facts and findings, the Planning Commissin, hereby determines as follows: a. The project vill not have a significant effect upon the environment pursuant to the California Environmental Quality Act.' Conditions of approval have been added to the- project to mitigate all identified impacts caused by the project to a level of insignificance. b. The project is compatible with existing development in the area, consistent with the City's General Plan, and complies with the standards of the C -1 -DP Zone and the proposed CC(PD) Zone with the inclusion of an approved conditional use permit. The applicant has substantiated the required findings for a conditional use permit. c. The project has adequate access from Soledad Canyon Road and public services are available and will be extended by the applicant to serve the project site. RESO P91-58 Page 3 THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA does resolve as follows: The Planning Commission hereby approves Master Case No. 90-153 (Conditional Use Permit 90-021) for a 98,050 square foot retail shopping center located at the 9.13 acre property located fronting on the south side -of Soledad Canyon Road at the intersection of Luther Drive, and identified by Assessor's Parcel Number 2803-029-301. PASSED, APPROVED AND ADOPTED this day of November, 1991. C:i Z. Jerry D. Cherrington, diairman ATTEST: Planning Commission : Ly M. Harris Di ector of Community Development STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF SANTA CLARITA) I, Donna M. Grindey, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the 19th day of November, 1991 by the following vote of the Planning Commission: AYES: COMMISSIONERS: Cherrington, Woodrow, Modugno, Brathwaite, Doughman NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: M. Grindey Clerk RESO P91-58 JC/462 RESO P91-58 Page 4 EXHIBIT B :COMMENDED CONDITIONS OF APPROVAL MASTER CASE NUMBER 90-153 (CONDITIONAL USE PERMIT 90-021) GENERAL 1. Unless otherwise apparent from the context, the term permittee shall include the applicant and any other persons, corporation, or other entity making use of this grant. 2. This grant shall not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed with the Director of Community Development their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. 3. The permittee shall defend, indemnify, and hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim; action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, this permit approval, which action is brought within the applicable time period in Government Code Section 65907. In the event the City becomes aware of any such claim, action, or proceeding, the city shall promptly notify the applicant and shall cooperate fully in the defense. If the City fails to promptly notify the applicant, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing contained in this Condition prohibits the City from participating in the defense of any claim action, or proceeding, if both of the following occur: (1) the City bears its own attorneys' fees and costs; and (2) the City defends the action in good faith. The applicant shall not be required to pay or perform any settlement unless the settlement is approved by the applicant. 4. It is hereby declared to be the intent that if any provision of this permit is held or declared to be invalid, the permit shall be void and the privileges granted hereby shall lapse. 5. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the permit shall be suspended and the privileges granted shall lapse; provided that the permittee has been given written notice to cease and correct such violation and has failed to do so for a period of 30 days. 6. All requirements of the Zoning Ordinance and of the specific zoning of the subject property must be complied with unless set forth on the approved permit. 7. The applicant, at the time of permit issuance or other grants of approval agrees to develop the property:in accordance with City Codes and other appropriateordinances such as the Building Code, Plumbing Code, Grading Code, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Sanitary Sewer Ordinance, Industrial Waste Ordinance, Electrical Code, and Fire 'Code. 8. This approval shall not supersede any other affected agency's requirements. 9. Approval of this proposal expires 24 months from the date of this conditional approval. ENGINEERING, BUILDING/SAFETY 10. A grading concept will be reviewed by, and be to the satisfaction of the City's Community_ Development Department. 11. The applicant will be required to comply with all City Codes regulating soil erosion during construction 12. Provide adequate dust control measures as required by the Community Development Department and the Public Works Department. 13. A conceptual drainage plan must be submitted for review and approval, subject to the satisfaction of the City's Community Development Department. 14. On-site circulation shall be provided so that all parking facilities can be accessed from any location of the site, subject to the approval of the City Engineer. 15. A continuous median shall be constructed from Vilna Avenue to Hoptyr Place, except for an opening to allow west bound left turns into the main driveway of the site, subject to the approval of the City Engineer. 16. All driveway locations shall be subject to the approval of the City. Engineer. 17. Realign Luther Drive so that a four=way intersection is formed with Homyr Place, Luther Drive, and Soledad Canyon Road. 18. Applicant shall dedicate and improve commercial right-of-way 33'-0" feet each side of centerline on Luther Drive, 62'-01 from centerline on Soledad Canyon Road and 30'-04 from centerline on Mandan Street to the satisfaction of the Community Development Department. 19. Applicant shall construct curb, gutter, base, pavement, street lights, street trees and drainage structures on all adjacent streets to the satisfaction of the City Engineer and offer easements needed for drainage or slopes. Conditions of Approval RESO P91-58 20. Driveways shall be constructed using the City of Santa Clarita-alley intersection design 144-01. Applicant shall obtain approval from the Traffic Engineer for the location of all driveways. 21. All building, drainage and grading requirements will be established at the time of plan check and permit issuance. 22. Prior to final approval, enter into a written agreement with the City of Santa Clarita whereby the subdivider agrees to pay to the City a sum (to be determined by the City Council) times the factor per development unit for the purpose of contributing to a proposed Bridge and Thoroughfare Benefit District to implement the highway element of the General Plan as a meansofmitigating the traffic impact of this and other subdivisions in the area. The form of security for performance of said agreement shall be as approved by the City. The agreement shall include the following provisions: Upon establishment of the District and the area of benefit, the fee shall be paid to a special Department of Community Development fund. In the event funds are required for work prior to formation of the District, the Director of Community Development may demand a sum of $4,800 (or greater as determined by the City Council), times the factor per development unit to be credited toward the final fee established under the District. The subdivider may construct improvements of equivalent value in lieu of paying fees established for the District subject to approval of the Director of Community Development. The Director of Community Development may require the -developer to submit a traffic report periodically that addresses traffic congestion and the need to mitigate the problems prior to issuing building permits. Factors for development units are as follows: Development Unit Factor Single Family per unit 1.0 Commercial per unit 5.0 The project is in the Route 126 Bridge and Thoroughfare District 23. Applicant shall construct and landscape medians on Soledad Canyon Road or, if medians are not desired at this time, shall pay an in lieu fee for the cost of construction, to the satisfaction of the City Engineer. 24. The area included within the project shall be annexed to an existing landscape district or a new district is formed to finance the cost of annual maintenance of the median landscape. If within 5 years the City does not form an areavide landscape maintenance district for median improvements, the district will be abandoned and the project will no longer be responsible for financing and the annual maintenance of the median landscaping. Conditions of Approval RESO P91-58 25. Applicant shall dedicate the right to restrict vehicular access on Soledad Canyon Road except for two driveways as shown or as approved by the City Traffic Engineer. 26. The applicant shall install separate sewer laterals to serve each building. (NOTE: The existing Roadway dimensions are not shown on the map. Soledad Canyon Road is conditioned at 62-0 from centerline based on section 48.200 which states that Soledad is 60-0 from centerline. Two feet is added to allow for additional landscaping as was intended by the new general plan.) 27. The haul route for all demolition and construction activities shall be reviewed and approved by the City Engineer prior to the issuance of demolition or construction permits. PLANNING 28. The applicant shall pay all applicable fees for environmental documentation and processing of de minimus findings for California Department of Fish and Game. 29. The site shall be developed in accordance with the approved site plan (Exhibit "A"). Any proposed modifications to the approved Exhibit "A" shall require the approval of the Director of Community Development. 30. All construction work and any on-going activities conducted at the proposed shopping center shall comply with all City codes regulating the hours and intensity of the noise produced by such activities.. 31. The applicant shall submit a lighting plan in conjunction with a landscaping plan subject to the approval of Community Development Department and the Parks and Recreation Department. 32. To -scale exhibits shall be required for review, including exterior elevations, colored renderings, and materials samples illustrating the types of exterior materials to be used. The materials to be used by the applicant should be of the type to minimize reflection and off-site glare. Adequate screening shall be provided to -conceal mechanical roof fixtures, and trash receptacles. The rear of the structures shall be designed to provide architectural consistency and compatibility with facades of the structures. The exterior design shall be subject to the review and approval of the Director of Community Development. 33. Pad "A" uses shall limit hours of operation to no later than 10:00 PM Sunday through Thursday, and no later than 11:30 PM on Friday and Saturday.. 34. Obtain all required permits and approvals from the South Coast Air Quality Management District (SCAQMD) prior to the issuance of demolition or construction permits. Evidence of SCAQMD approval shall be submitted to the Community Development Department. Conditions of Approval RESO P91-58 35. The applicant shall comply with the City's Sign Ordinance for all proposed -signs. A sign program for the project shall be submitted for review, and subject to the approval of the Director of Community Development. 36. Obtain all required utility connection permits and pay all fees as required by the respective utility purveyor. 37. Enclosed waste storage area of a minimum of 981 square feet is required for this project. The location and design of all waste storage areas shall be architecturally consistent with the structures on-site, and be adequately screened. These waste storage areas may not be impede parking spaces or on-site circulation patterns. 38. Conditional use permits shall be required for -any proposed future fast-food uses, and shall be subject to all applicable codes in effect at the time such permit applications are submitted to the City. The specific use of pad "A" shall be subject to the approval of the Director of Community Development. One fast food establishment, only, is hereby approved for pad "B" or "C", subject. to all City parking requirements. If pad "C" is used for fast food, the "island" must be self-contained with respect to all parking requirements. 39. Provide a bus turn -out along Soledad Canyon Road, subject to the approval of the Director of Community Development. 40. Access to the project site shall only be taken from Soledad Canyon Road and Luther Drive. 41. All structures shall be limited to a maximum height of 35 feet.- Pad "A" shall be limited to 21 feet maximum height, and single story. 42. A masonry wall, six feet in height, shall be constructed along Mandan Street and the eastern boundary of the project site to provide screening to the adjacent residential properties. 43. Parking may be prohibited along Luther Drive adjacent to the project site, and so posted, subject to the final review and approval of the City Engineer. PARRS AND RECREATION 44. Provide street trees at the project site to the satisfaction of the Director of Parks and Recreation. Trees used shall be taken from the City's Master Street Tree list. A copy of this list can be obtained from the City Arborist. 45. Private trees shall not be placed in the public right-of-way. 46. Submit a final landscaping and irrigation plan, subject to the review and approval of the Parks and Recreation Department, and the Community Development Department. Conditions of Approval RESO P91-58 47. Median landscaping improvements shall be made to the medians adjacent to the tract frontage to the satisfaction of the Director of Parks and Recreation. 48. The median design shall.be consistent with the other improved medians on Soledad Canyon Road. TELEPHONE PURVEYOR 49. The applicant will pay for all relocation expenses associated with the removal of relocation of the existing buried telephone cable to Pacific Bell. LOS ANGELES COUNTY PUBLIC WORKS/WASTE MANAGEMENT 50. Prior to the issuance of building permits, the applicant shall obtain approval of this project from the Waste Management Division of the Los Angeles County Department of Public Works. If required, the applicant shall also obtain an industrial waste permit. LOS ANGELES COUNTY SANITATION DISTRICT 51. The applicant shall pay the required sewage connection fee to the Los Angeles County.Sanitation District. LOS ANGELES COUNTY FIRE DEPARTMENT 52. Provide fire flows of 5,000 gallons per minute at 20 pounds per square inch residual pressure for a 5 hour duration from the public hydrant. 53. Provide the fire hydrants as required by the Los Angeles County Fire Department. Hydrant spacing shall be 300 feet. 54. All on-site driveways shall provide a minimum unobstructed width of 26 feet clear to the sky to within 150.feet of all. portions of the exterior walls of any building. 55. All driveways shall be labeled as "Fire Lane" on the final building plans. LOS ANGELES COUNTY DEPARTMENT OF HEALTH SERVICES 56. Extend availablesewer to serve the project per Health Department requirements. Conditions of Approval RESO P91-58 ADDITIONAL CONDITIONS 57. The applicant shall provide acceleration / deceleration lanes at the project site along the south side of Soledad Canyon Road, subject to the approval of the City Engineer. 58. Demolition permits shall be issued concurrently with processing of working drawings to the satisfaction of the Director of Community Development. 59. The applicant shall extend the existing side yard walls, of the homes located on the west side of Vilna Avenue, in conjunction with the construction of the six foot wall along the eastern boundary of the project site. 60. The mature trees at the project site along Soledad Canyon Road shall remain and be incorporated into the project landscaping plan, subject to the approval of the Director of Community Development. JC/266 Conditions of Approval RESO P91-58 CITY OF SANTA CLARITA STAFF REPORT Master Case Number 90-153 Conditional Use Permit 90-021 DATE: November 19, 1991 TO: Chairman Cherrington and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Development!/I )� n ��I /'i APPLICANT: Tandam Builders, Inc. l CASE PLANNER: Jeff Chaffin, Assistant Planner LOCATION: 18830 Soledad Canyon Road REQUEST: The applicant is requesting approval of a conditional use -permit to allow a commercial shopping center development at this site. The proposal includes. four buildings with a total area of 98,050" square feet, along with 458 off-street parking spaces. PROJECT The applicant is proposing to remove the existing school facilities at this flat 9.13 acre site and construct a 98,050 square foot commercial shopping center. The.main building will have a floor area of 85,705 square feet with an anchor tenant occupying 51,800 square feet of the structure; the remaining area to be occupied by several small -shop tenants. Three -additional detached commercial buildings (of 5,249 square feet, 4,846 square feet, and 2,250 square feet) along the -frontage of Soledad Canyon Road are also included in the proposal. BACKGROUND: The project site is located at the southeast corner of the Soledad. Canyon/Luther Drive intersection. Existing structures at the site were formerly occupied by the Soledad Canyon Elementary School, the offices of the Sulphur Springs School District, and the Pauline B. Chase Special- Education School. This project has been revised from the original proposal, which was denied by the Planning Commission on June 4, 1991. Tandam Builders and the Sulphur Springs School District appealed this decision to the City council, which conducted a public hearing on this project on July 9, 1991. The City Council discussed the issues relevant to this proposal, and concluded that certain project design modifications were needed. These design changes were requested to meet theneedsof the immediate neighborhood and the concerns of the City. AGENDA ITEM Staff Report Master Case No. 90-153 Page 2 r. - ANALYSIS: At the direction of the City Council, Community Development staff has been working with Tandam Builders, the neighbors, and the Sulphur Springs School District to redesign the proposed shopping center. The design changes requested by the City Council included the following: 1. Eliminate truck access alone Mandan Street. The. applicant has removed all driveways along Mandan Street, and provided internal truck circulation accessing from Luther Drive and Soledad Canyon Road only. 2. Provide a bus turn -out alone Soledad Canyon Road. A bus turn -out is being required as a condition of approval. The location is to be along Soledad Canyon Road at the northwest corner of the site. 3. Realign Luther Drive with Homvr Place. The redesigned project accomplishes this traffic improvement through the realignment of Luther Drive with Homyr Place. The redesign also prohibits access to the shopping center from Mandan Street and limits driveway locations. Project conditions of approval will require construction of a raised median on Soledad Canyon Road. 4. Decrease the size of the development. The total area of the project has been reduced from 113,000 square feet to 98,050 square feet. 5. Provide more landscaping and greater yard setbacks. The project as redesigned should accommodate landscaping and yards. A parking layout depicting landscaping is being required as a project condition of'approval. 6. Provide screening to the adiacent residential areas to the east and south by including a wall alone these sides of the proiect site. A six foot wall is included on the revised site plan, the design of which will be subject to the approval of the Director of Community Development as a condition of approval. 7. Restrict all high intensity uses (disruptive to the adjacent residential neighbors) -to the western side of the proiect.site. No food establishments may be conducted on pad "A" and hours of operation are conditioned for pad "A". Uses on pad "A" will be subject to the approval of the Director of Community Development. The applicant has indicated that food uses may be included in the ultimate use of the westerly portion of the project site. With these changes, the City Council determined that the development of this former school site as a shopping center would been appropriate use. The revised plan addresses these issues satisfactorily. Z Staff Report Master Case No. 90-153 Page 3 . . Since the July 9, 1991 City Council meeting, staff has attended five meetings with the developer to discuss these design modifications. Two of these meetings involved the City Traffic Engineering staff to resolve the traffic related issues and the other three meetings included the adjacent property owners to address their concerns regarding potential impacts on the adjacent residential area. The representatives for the commercial uses along 'Luther Drive were active participants in the design of the realignment of Luther Drive, and now agree that the overall solutions will allow their properties good access. The adjacent homeowners whose rear yards abut the easterly property line of the project site were also actively involved, and have reached consensus on the preferred method of buffering the commercial use. The applicant has incorporated their ideas into the plans and the homeowners will gain usable square footage in their yards. RECOMMENDATION: Staff -recommends that the Planning Commission take the following action: 1. Adopt the Negative Declaration of Environmental Effect prepared for this project with the finding that the proposed project will not have an adverse effect on the environment; 2. Adopt Resolution P91-58 approving Master Case Number 90-153 (Conditional Use Permit 90-021) with the required findings, and subject to the attached Conditions of Approval (Exhibit "B") and site plan (Exhibit "A"). JC/448 Attachments: Revised Plot Plan (Exhibit "A") Draft Conditions of Approval (Exhibit "B") Initial Study of Environmental Effect Resolution P91-58 3 CITY OF SANTA CLARITA N E G A T I V E D E C L A R A T I O N CERTIFICATION DATE: November 19, 1991 APPLICANT: Tandam Builders TYPE OF PERMIT: Conditional Use Permit FILE NO.: MCS 90-153; CUP 90-021 LOCATION OF THE PROJECT: The project site is located at 18830 Soledad Canyon Road; southeast corner of the intersection of Soledad Canyon Road and Luther Drive. DESCRIPTION OF THE PROJECT: The applicant is proposing to remove the existing school facilities at this flat 9.13 acre site and construct a 98,050 square foot commercial shopping center. The main building will have a floor area of 85,705 square feet with an anchor tenant occupying 51,800 square feet of the structure; the remaining area to be -occupied by several small -shop tenants. Three additional detached commercial buildings (of 5,249 square feet, 4,846 square feet, and 2,250 square feet) along the frontage of Soledad Canyon Road are also included in the proposal. It is the determination of the: [ ] City Council [X] Planning Commission [ ] Director of Community Development upon review that the project will not have a significant effect upon the environment. Mitigation measures Form completed by: [X] are attached [ ] are not attached Jeff Chaffin, Assistant Planner II (Name and Title) Date of Public Notice: October 30. 1991 [X] Legal advertisement. [X] Posting of properties. [X] Written notice. �, I JC/282 Y SOLEDAD CANYON NEIGHBORHOOD COMMITTEE 27517 Vilna Avenue December 27, 1991 Honorable Mayor and City Council City of Santa Clarita 23920 Valencia Boulevard Santa Clanta CA 91355 Re: MC# 90-1531 CUP 90-021 18830 Soledad Canyon Road School Conversion Appeal from Planning Commission Approval Honorable Councilmembers: Santa Clarita CA 91351 (805) 250-1942 We are residents of Canyon Country who live in the vicinity of the former Soledad Canyon Elementary School. Our group formed in order to voice our concerns regarding the proposed razing of the the site and construction of a 113,000 square foot shopping center. We have previously filed documents and spoken at hearings before both the Council and the Planning Commission in opposition to the project. The project was initially denied by the Planning Commission and the applicants, Tandem Builders Inc. and Suipher Springs Union School District, appealed the decision to the Council. The Council heard the appeal and denied it, listing objections to be resolved between the affected residents, churches and businesses and the Planning Commission staff. The project was scaled back, street alignment and property boundary adjustments made, traffic patterns changed and other matters dealt with in a series of meetings. The applicants were then re -heard by the Planning Commission on November 19, 1991, and the Commission approved the project. The resolution approving the project was received by the applicants and we were advised by the Commission staff that the appeal filing period would expire December 10, 1991. We were also advised that McDonald's Corporation, which is an adjacent property owner, had filed an appeal during the allotted time and that we could join the appeal with them. We . were further advised by the City Attorney that the McDonalds' appeal constitutes a Oe Novo action, which vacates the Commission's decision and stands on its own, separate from McDonalds as appellant or other parties which join the action. Our Committee wishes to join the appeal filed by McDonalds and objects to the Com- mission's action on the following grounds: 'dedicated to preserving our community' SULPHUR SPRINGS SCHOOL'DISTRICT Administrative Offices December 19, 1991 The Honorable Jill Wajic Mayor, The City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 Dear Mayor Majic: 17866 Sierra Highway Serving Grades Canyon Country, CA 91351 K-6 805/252-5131 FAX 805/252-8814 -- — COPIES TO CITY COUNCIL, CITY MANAGER, CITY CLERK �z !Date At your City Council meeting of January 14, 1992, you will hear an appear by McDonald's Corporation regarding the Sulphur Springs School District/Tandam Builders shopping center on Soledad Canyon Road. This project has gone through a very long, thorough and detailed review process by your Planning Department as well as the City Council. The school district and the developer have worked, at the direction of the City Council, with the community and have made numerous and very costly concessions to alleviate to all of the impacted parties. This project was approved by.your Planning Commission on a 5-0 vote in November. We believe that the Council action needs.to be completed on this project on the evening of the 14th so that the project is not put into further economic jeopardy. Sincerely, Robert Nolet, Ed. D. Superintendent of Schools RAN:kp SULPHUR SPRINGS COMMUNITY SCHOOL LEONA COX COMMUNITY SCHOOL .`��G�4gIgU uc� 3 1991 CITY ik.uHCIL giTP Crvr,.. MICHELL COMMUNITY SCHOOL MIM CANYON SOLEDAD,HONBY VALLEY VIEW COMMUMTYSCHOOL COMMUNITY SCHOOL COMMUNITY SCHOOL PINETREE COMMUNITY SCHOOL SOLEDAD CANYON NEIGHBORHOOD COMM/7TEE 27517 Vilna Avenue Santa Clarlta CA 91351 (805) 250-1942 December 9, 1991 Carl Newton Esq. BY FACSIMILE Burke, Williams & Sorenson 611. -West 6th Street Los Angeles CA 90017 Re:. MC #90-153 / CUP 90-021 18830 Soledad Canyon Road School Conversion Dear Mr. Newton: This letter is to.confirm our conversation bytelephone a little past noon today, in which we discussed technical issues regarding filing of appeals from Planning Commission sdecisions to the City Council. The conversation was in your capacity as City Attorney for the City of Santa Clarita, and you related the following facts to me: 1) The filing of an appeal on the above matter by McDonald's Corporation constitutes a De Novo action, whereby the Planning Commission's decision s vacated and the matter .-moves to the City Council for resolution. 2) The ~appeal stands on its own, separate from -the appellant, and subsequent resolution of issues betwepft the appellant and applicant and voluntary withdrawal from the appeal by McDonald's Corporation does not affect the standing of appeal or the rights of any other parties involved. 3) our group and -individual members thereof may join the appeal with McDonald's Corporation and are not required to file separately to preserve :our rights. The appeal will be heard at a public hearing of the City Council and we will be permitted to present evidence, even if McDonald's withdraws their objections. If the above is not correct or in accordance with our dis- cussion please contact me.immediately at (213) 879-0012 x210. We need to preserve our appeal rights and would appeal on our own if necessary. The appeal period expires on December 10, 1991. Thank you for your attention to this matter. Very Truly Yours, Terrence A. Lucero cc: Donna Grindley, City Clerk Bruce Nahin Esq. 'dedicated to preserving our community'