HomeMy WebLinkAbout1992-09-08 - AGENDA REPORTS - CLOSURE OF VFW 6885 RESO 92 43 (2)AGENDA REPORT
City Manager
Item to be p
UNFINISHED BUSINESS
DATE: September 8, 1992
SUBJECT: Administrative Hearing for permanent closure of VFW Post
6885 for failing to comply with Resolution No. 92-43. The
project site is located at 27009 Sand Canyon Road.
DEPARTMENT: Community Development
BACKGROUND
The City Council through the adoption of Resolution No. 92-43, ordered
that the enforcement of the prohibition against the VFW Post may be
delayed for one year from January 28, 1992, subject to certain
conditions. This resolution, and conditions contained within, was
approved in writing by both the Sand Canyon Homeowners Association and
the VFW. Language contained within the resolution provided the City with
authority to immediately close the VFW Post 6885 upon suspension ordered
by the City Manager subject to City Council confirmation and permanent
closure at the next regularly scheduled Council meeting.
On July 4, 1992, the VFW violated the terms of the agreement
(specifically conditions no. 5 and 8). The City Manager, in a letter
dated July 6, 1992, informed the VFW that any additional violations would
result in the immediate closure of the Post. On August 26, 1992, camping
activities were observed and documented by the Sheriff's Department.
On August 27, 1992, the -City Manager conducted an administrative meeting
concerning the violation of the agreement. In attendance at this meeting
were representatives of the Sand Canyon Homeowners Association, City
staff, the commander of VFW Post 6885, and the Sheriff's Department. At
the conclusion of this meeting the City Manager, in writing, informed the
commander of the VFW of his decision to close Post 6885. This order of
closure was due to a violation of condition no. 8 of the resolution,
which prohibits camping on the Post property.
Staff recommends that the City Council:
1) Receive testimony from City staff, the Sheriff's Department; the Sand
Canyon Homeowners Association, and the VFW; and,
2) Revoke Resolution No. 92-43; and,
3) Adopt Resolution No. 92-173, ordering permanent closure of VFW Post
6885 effective immediately.
GAC:RAH:GEA:608 Adopted:9 - e- 9-a Agenda Item:
CITY OF SANTA CLARITA
I N T E R O F F I C E M E M O R A N D U M
TO: Mayor Klajic and Members of the City ouncil
FROM: George Caravalho, City Manager
DATE: September 8, 1992
SUBJECT: Chronology of events (VFW Post 6885)
Below, I have listed a summarized chronology of events related to the
activities of the V.F.W. since the City's involvement:
1) September 7, 1990 - A complaint was filed with the City's Code Enforcement
Section, indicating that the VFW is having loud parties and is a general
nuisance to the surrounding residents.
2) October 29, 1990 - A meeting between the VFW and the City was held. The
VFW is informed to submit a conditional use permit application within 30
days.
3) November 30, 1990 - Upon a request of the VFW, a 30 day extension was
granted.
4) January 18, 1991 - A field inspection was performed on the site with the
City's Building and Safety, Code Enforcement, and Engineering
representatives attending. Los Angeles County Fire Department
representatives were also in attendance. The meeting is to .provide the
VFW with an inspection of the property to determine the corrections
required by the Municipal Code.
5)" March 18, 1991 - A letter is sent to the VFW from the District Attorney's'
office outlining the charges against the VFW.
6) April 3, 1991 - A District Attorney conference resulted in the VFW being
informed to submit a conditional use permit application.
7) April 30, 1991 - The VFW submitted their conditional use permit
application.
8) August 20, 1991 - The Planning Commission denies Conditional Use Permit
91-005.
9) September 3, 1991 - The Planning Commission through the adoption of
Resolution P91-44, formally denies the CUP.
10) September 17, 1991 - The VFW appeals the Planning Commission's denial of
Conditional Use Permit 91-005.
Page 2
11) November 26, 1991 - City Council hears VFW appeal request. Item is
continued to January 28, 1992.
12) January 28, 1992 - The City Council denies Conditional Use•Permit 91-005,
directing the City Manager to obtain the applicant's and Sand Canyon
Homeowners Association's written approval of an agreement formally
outlining conditions for the closure of the VFW.
13) March 10, 1992 - The City Council adopts Resolution No. 92-43 denying
Conditional Use Permit 91-005. Conditions for the closure are contained
within said resolution. Additionally, the Council ordered `thatthe
enforcement against the prohibited, current use be. delayed one year from
January 28, 1991 subject to conditions within Resolution No. 92-43.
14) July 4, 1992 - Activities held at the VFW generated three complaints to
the Sheriff's Department. Complaints regarding noise, loud music and
campers were responded to by Sheriff personnel.
15) July 6, 1992 - City Manager meets with Commander of Post. City Manager
sends letter to VFW informing them that they were in violation of City
agreement. Letter further states if City agreement is violated again,
City Manager would take action to revoke agreement and order the immediate
closure of the VFW Post.
16) August 26, 1992 - Sheriff's Department called out to the VFW Post in
response to citizen complaints regarding camping activities. Five to six
camping trailers were observed and documented by Sheriff's Department.
17) August 27, 1992 - Administrative meeting held at City Hall at 2:30 p.m. to
discuss violations of Resolution No. 92-43 by the VFW. In attendance were
City staff, two Sheriff Deputies, Mr. and Mrs. Christensen and Mr. Evan
Van Pelt, VFW Post. 6885 Commander. City Manager informed VFW Commander
that he would be ordering the closure of the VFW. Mr. Van Pelt was
cooperative and agreed to fully comply with City Manager's order to close.
18) August 27, 1992 - Formal, written notice given to Mr. Van Pelt confirming
City Manager's decision to order the closure of the VFW. Notice was hand
delivered to and initialed by, Mr. Van Pelt, Post Commander.
19) August 28, 1992 - Three City Code Enforcement Officers accompanied by a
Sheriff's Deputy, posted the VFW property "closed" at 4:00 p.m.. The
"closed" signs were posted on the front door of the property and an the
fence which runs along the southern property line fronting Sultus Avenue.
Reporters from the SIGNAL and DAILY NEWS newspapers were on- hand to
photograph andconduct interviews. Mr. Van Pelt, Post Commander, stated
to one of the Code Enforcement Officer that he would not be complying with
the City order.
20) August 31, 1992 - 9:30 a.m., VFW property visited by two Code Enforcement
Officers. One large, metal sign posted by the City indicating the VFW was
"closed" at the entrance to the VFW, had been removed. Also, date to the
property was open, unlocked.
GAC:GEA:614
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA CLARITA, ORDERING
PERMANENT CLOSURE OF V.F.Q. POST 6885 (LOCATED AT
27009 SAND CANYON ROAD) FOR FAILING TO COMPLY
PITH RESOLUTION NO. 92-43
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The City Council does hereby make the following findings
of fact:
a. A complaint was filed against the VFW Post 6885, the subject project,
with the City's Code Enforcement Section on September 17, 1990. The
complainant indicated that the use was causing loud noise, public
drunkenness, and trash problems.
b. After the review of existing documentation available on the use and
structure it was determined by staff that the existing main.building
was not constructed to required building standards for a meeting or
occupancy use. An inspection conducted by affected agencies
indicated the structure required 18 building and fire code
corrections to accommodate the assembly and meeting use. Staff also
determined that the use was operating illegally without benefit of an
approved Conditional Use Permit.
C. The City's Code Enforcement Section informed the applicant of the
required building and fire code corrections and also informed the
Deputy District Attorney of violated code sections of the City's
Municipal Code. These sections are as follows:
1. 22.24.100 - Use subject to Conditional Use Permit approval
2. 22.60.330 - General Prohibition
3. 22.60.340 - Violation declared misdemeanor
4. 22.60.350 - Public Nuisance
d. An application for a Conditional Use Permit was filed with the City
of Santa Clarita by the Veterans of Foreign Wars Post 6885 (the
"applicant") on April 30, 1991. The property for which this
application has been filed is located at 27009 Sand Canyon Road.
(Assessor Parcel Number 2841-024-008, a legal description of which is
on file in the Department of Community Development.)
e. The Conditional Use Permit request was to allow for the continued use:
of an existing meeting and assembly hall with appurtenant facilities
(private recreational club) in an A-1-2 zone (Light Agriculture - 2
acre required area). The parcel consists of 2.19 acres.
Resolution No. 92-173
Page 2
f. The site is presently developed with the following:
1. Two story main building (includes a bar, food service, and
restrooms);
2. Outdoor canteen (includes outdoor patio, covered patio, and
restrooms);
3. Recreation area;
4. and, Unimproved parking area which consists of;. an area
sufficient to accommodate approximately 56 parking spaces.
g. The City's General Plan land use designation for the project site is
Residential Estate (RE).
h. The site is relatively flat and improved.The vegetation on the site
consists. of native shrubs and 12 oak trees, four of which are within
the unimproved parking lot.
i. The surrounding land uses are: single family residential, Sand
Canyon Road (to the north), Sultus Street, single family. residential
(to the south), single family residential, church (to the east), and
single family residential (to the west).
j. The application was circulated for City Department and agency review
upon receipt. The application was deemed complete by the Community
Development Department on June 3, 1991. A Development Review
Committee (DRC) was conducted for the proposal.
k. A duly noticed public hearing was held by the Planning Commission on
August 20, 1991, at 7:00 p.m.. The meeting was held at the City
Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this
meeting the Planning Commission directed staff to return at the next
regularly scheduled meeting with a resolution of denial for
Conditional Use Permit 91-005.
1. Resolution P91-44, formally denying Conditional Use Permit 91-005,
was presented to the Planning Commission at a regularly scheduled
meeting on September 3, 1991. The resolution included a provision
that a 90 day "stay" of code enforcement is being implemented on the
use. The meeting was held at the City Council Chambers, 23920
Valencia Boulevard, Santa Clarita. At this meeting the Commission
adopted the above referenced resolution.
M. On September 17, 1991, the applicant submitted a letter requesting to
appeal the Planning Commission's denial of Conditional Use Permit
91-005.
Resolution No. 92-173
Page 3
n. A duly noticed public hearing was held by the City Council on
November 26, 1991, at 6:30 p.m.. The meeting was held at the City
Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this
meeting the item was continued, at the request of Councilwoman Heidt,
to the meeting of January 28, 1992.
o. A duly noticed public hearing was held by the City Council on January
28, 1992, at 6:30 p.m.. The meeting was held at the City Council
Chambers, 23920 Valencia Boulevard, Santa Clarita.
p. At the January 28, 1992, City Council meeting, testimony was received
from surrounding area residents. This testimony included the
following:
1. The renting of the facility created negative noise and
nuisance impacts upon adjacent residents. Residents indicated
that the noise created by the use caused sleeping problems and
interrupted their normal daily activities.
2. Usage of the facility: resulted in trash and debris being left
on Sultus Street and Sand Canyon Road.
3. The facility adversely affected both the circulation of Sand
Canyon Road and the access on Sultus Street due to the
off-site parking of vehicles.
q. At the hearing of January 28, 1992, the City Council considered the
agenda report prepared for this project and received testimony, on
this proposal.
r. The City's General Plan designation for the project site is
Residential Estate (RE). The Residential Estate land use category is
intended for large lot, detached single family homes that maintain
the rural character of the area. An assembly use could be found to
be consistent with the designation if it served the ,immediate
vicinity and does not create undue noise or nuisance upon adjacent
residential uses. An assembly use that is not consistent with the
above definition is not a reasonable use for the parcel.
S. The 2.19 acre parcel is most suitable for development' that is
consistent with the City's General Plan and the permitted uses listed
for the A-1-2 zone.
t. The proposal cannot meet the required findings for the granting of a
conditional use permit as listed in Santa Clarita Municipal Code
Section 22.56.090, as follows:
That the proposed use will not be in substantial conflict with
the adopted general plan for the area.
The project as proposed, impacts the noise and land use
elements of the City's General Plan. Though explicitly
not a commercial use, the project is comparable to one
2
Resolution No. 92-173
Page 4
due to the inclusion of a bar and food. service
facilities within the facility and the renting of the,
facility for private parties. The noise and nuisance
caused by this use is not consistent or compatible with
surrounding residential uses. Land Use impacts, have
been cited in previous sections of the resolution.
That the reauested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or welfare
of persons residing or working in the surrounding area,
or
2. Be materially detrimental to the use, enioyment or
valuation of property of other persons located in thg,
vicinity of the site, or
3. Jeopardize, endanger or otherwise constitute a menace to
the public health, safety or general welfare.
The use has caused undue noise and nuisance impacts
upon adjacent residential uses as indicated by filed
complaints, written correspondence, and public
testimony.
The existing main structure is not presently
constructed to accommodate the existing - and
operating assembly -use.
The noise impacts associated with the project are
not compatible with the adjacent residential uses.
U. Following the public hearing, the City Council denied Conditional Use
Permit 91-005, directing the City Manager. to obtain the applicant's
and Sand Canyon Homeowners Association's written approval of an
agreement formally outlining conditions for the closure of the VFW.
V. At the March 10, 1992, Council, meeting, staff returned with
Resolution No. 92-43 with conditions of closure. included within the
resolution. Both the VFW and the Sand Canyon Homeowners Association
agreed in writing to the conditions of closure contained within said
resolution.
V. On March 10, 1992, the City Council (by a vote. of 4-1) adopted
Resolution No. 92-43 denying Conditional Use Permit 91-005. The City
Council, within the resolution, ordered that the enforcement against,
the prohibited, current use (VFW Post 6885) be delayed one year from
January 28, 1991, subject to the conditions within Resolution No.
92-43. One such condition is condition 8- which reads as follows:
While the V.F.W. is in operation, the facility shall not be occupied
for residential purposes by anyone other than a caretaker. Camping
on the property shall be prohibited.
Resolution No. 92-173
Page 5
The City Council also directed staff to obtain the applicant's and
Sand Canyon Homeowners Association's written approval with the
conditions of Resolution No. 92-43. Resolution No. 92-43 states that
failure of the applicant to strictly conform to the agreement
(Resolution No. 92-43) will result in the immediate closure of VFW .
Post 6885 upon suspension ordered by the City Manager and review for
determination of ordering permanent revocation by the City Council at
its next regular meeting following suspension.
X. An administrative hearing related to VFW Post 6885 and the Post's
violation of Resolution No. 92-43 was conducted by the City Council
on September 8, 1992, at 6:30 p.m.. The meeting was held at the City
Council Chambers, 23920 Valencia Boulevard, Santa Clarita. Testimony
from proponents and opponents was duly considered by the Council at
this meeting.
SECTION 2. Based upon the above findings of fact, oral and written
testimony and other evidence received at the. administrative hearing held for
the project, and upon studies and investigations made by the City Council and
on its behalf, the City Council further finds as follows:
a. On July 4, 1992, the VFW Post 6885,. first violated the terms of
Resolution No. 92-43, specifically conditions no. 5 and 8 which
require compliance with the City's noise ordinance and prohibit
camping on the property. This violation was documented by the
Sheriff's Department.
b. On July 6, 1992, the City Manager sent a letter informing the
Commander of VFW Post 6885 that if Resolution No. 92-43 was violated
again, the City Manager would order the immediate closure of the VFW
subject to the City Council's confirmation.
C. On August 26, 1992, camping activities (in the form of five or six
camping trailers) were observed on the property and documented by the
Sheriff's Department. Following notification of this violation, the
City Manager scheduled an administrative meeting between the VFW,
City staff, the Sheriff's Department, and the Sand Canyon Homeowners
Association.
d. An administrative meeting was held by the City Manager on August 27,
1992, at 2:30 p.m.. The meeting was held at City Hall, 23920
Valencia Boulevard, Santa Clarita. In attendance at this meeting was..
the Commander of VFW Post 6885, City staff, the Sheriff's Department,
and representatives of the Sand Canyon Homeowners Association.
e. At the conclusion of this meeting the City Manager, in writing,
informed the Commander of VFW Post 6885 of his decision to close the
Post for failing to comply with Resolution No. 92-43, specifically
with Condition No. 8.
Resolution No. 92-173
Page 6
SECTION 3. Based upon the foregoing facts and findings, the City
Council hereby determines as follows:
a. VFW Post 6885 violated Condition No. 8 of Resolution No. 92-43 on
July 4, and August 26, 1992, for which the City Manager properly
suspended the activities of Post 6885 subject to review for
determination of ordering permanent closure by the City Council.
b. Based upon the violations of Resolution No. 92-43 on July 4, and
August 26, 1992, the City Council hereby orders the permanent closure
of VFW Post 6885 (located at 27009 Sand Canyon Road), effective
September 9, 1992, at 12:01 a.m.
PASSED, APPROVED AND ADOPTED this day of
Jill Klajic, Mayor
ATTEST:
Donna M. Grindey, City Clerk
1992.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) as
CITY OF SANTA CLARITA)
I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing
Resolution was duly adopted by the City Council of the City of Santa Clarita
at a regular meeting thereof, held on the day of ,'1992
by the following vote of Council:
AYES:
COUNCIL11EMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Donna M. Grindey,.City Clerk
GEA: 609
23920 Valencia Blvd.
Suite 300
City of Santa Clarita
California 91355
City of
Santa Clarita
August 27, 1992
Phone
(805)259-2489
Fax
(805) 259-8125
Veterans of Foreign Wars
Post 6885
27009 Sand Canyon Road
Santa Clarita, California 91351
Attention: Evan Van Pelt, Post Commander
Jill wain
Mayor Dear Mr. Van Pelt:
Jan Heldt
Mayor Pro -rem This letter will serve as formal notice of the City's intention to formally close down
Carl Boyer the VFW Post for violating condition #8 of City Resolution #92-43, an agreement
Coundimember, made with the City, prohibiting camping on the VFW property. -
Jon Iy
Counctfmeminember The City 9 and the VFW entered into and agreed to the conditions of Resolution
#92-43 on March 10, 1992.
George Pederson
Coundrmember On July 4, 1992, the VFW violated the terms of the City agreement requiring
compliance with noise regulations and prohibiting camping. On July 6; the City
sent the VFW a letter informing them that if the City agreement was violated
again, the City Manager would revoke it and order the closure of the VFW Post.
On Wednesday, August 26, 1992, camping activities were observed again and
documented by the Sheriffs Department. This was the second time the VFW
violated the City's agreement.
Accordingly, and as agreed to by the VFW in Resolution #92-43, the City Manager
hereby orders the immediate closure of VFW Post 6885, effective this date, August
27, 1992, at 12 o'clock midnight. Furthermore, the building will be posted "closed"
by the City Code Enforcement staff at 4:00 p.m., on Friday, August 28, 1992. As
agreed, one caretaker's trailer, with Mr. Ed Polak residing, is allowed to remain
until October 31, 1992. While said trailer remains, an additional trailer, with Victor
Allen residing, may also remain. ,
Finally, the City Council, at their next meeting on September 8, 1992, at 6:30 p.m.,
will review and consider permanent revocation of the City's agreement and closure
of the VFW.
Veterans of Foreign Wars
August 27, 1992
Page two
We appreciate your immediate attention and cooperation in this matter.
GAC:VPA:jcg
Owdsr.gac
cc: City Council
Captain Jerry Conklin, SCV Sheriffs Department
Department of Alcoholic Beverage Control