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HomeMy WebLinkAbout1992-03-10 - AGENDA REPORTS - RESO 92 43 DENYING PERMIT (2)AGENDA REPORT City Manager Approva Item to be presented by: CONSENT CALENDAR Lynn M Harris DATE: March 10, 1992 SUBJECT: Resolution 92-43 formally denying the applicant's, request for Conditional Use Permit 91-005. The proposal would have allowed for the continued use of a VFW Post in an A-1-2 zone (Light Agriculture, -two acre minimum lot size). The project site is located at 27009 Sand Canyon Road. DEPARTMENT: Community Development BACKGROUND Pursuant to the Council action of January 28, 1992, staff has prepared a draft_ resolution of denial for the above referenced project. Within the denial. resolution the Council orders that the. enforcement of 'prohibition against the currently. existing use (VFW Post 16885) may be delayed for one year from January 28, 1992. The Council'also directed staff to obtain the applicant's and Sand Canyon Homeowners Association's written, approval of an agreement formally outlining conditions of closure for the .VFW . Staff has worked closely with both groups in establishing these conditions which will.provide for a phased, orderly closure of the VFW Post within the one year maximum time frame decided by the Council. A total of 11 conditions are contained within the agreement and are listed within the resolution. Both groups have come to an agreement on 10 of these conditions. The last remaining issue is the termination date for the sale of alcoholic beverages. Representatives of the VFW have signed the agreement with the stipulation that sale of alcoholic beverages will cease on October 28, 1992. Representatives of the Sand Canyon Homeowners Association have also signed the agreement contingent upon the date being- September 30, 1992. Both groups are remaining firm on their decision in this issue. Staff recommends that the City Council: 1) Select October 28, 1992 as the date the VFW shall cease the sale of alcoholic beverages. 2) Adopt Resolution No. 92-43. Resolution 92-43 (September 30, 1992 date with signed acceptance from VFW) Resolution 92-43 (October 28, 1992 date with signed acceptance. from Sand Canyon H.O.A.) ^/� + GAC:LMH:GEA:481 nn ! / - W���'U Agenda Item: RESOLUTION NO. 92-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DENYING MASTER CASE NO. 91-066 CONDITIONAL USE PERMIT 91-005 TO,ALLOV FOR THE CONTINUED USE OF AN.ASSEMBLY AND MEETING HALL (PRIVATE RECREATIONAL CLUB) AT 27009 SAND CANYON ROAD 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 VFV Post 6885, the subject 'project, with the City's Code Enforcement Department 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 Division 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 applicant is requesting a conditional use permit 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. 92-43 Page 2 f. The site is presently developedwith 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) Unimproved parking area which consists of an area sufficient to accommodate approximately 56 parking spaces g. The subject parcel is zoned A-1-2 (Light Agricultural - two acre required area). A private recreational club is permitted in this zone with the inclusion of an approved conditional use permit. 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. 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 Resolution No. 92-43 Page 3 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. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public 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. At the hearing of January 28, 1992, the City Council considered the agenda report prepared for this project and received testimony on this proposal. b. 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. C. 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. d. 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. Resolution No. 92-43 Page 4 • 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 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. at the reouested 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, enjoyment or valuation of property of other persons located in the 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. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: a. As proposed, the project does not meet the findings required for approving a conditional use permit. b. As proposed, the project is not consistent with the City's General. Plan. NOV, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, determines as follows: The City Council hereby denies Conditional Use Permit 91-005. The City Council orders that the enforcement of the prohibition against the currently existing use may be delayed for one year from January 28, 1992, subject to the following conditions. The City Council has directed staff to obtain the applicant's and Sand Canyon Home Owners Association's written approval with the below listed conditions. 0 Resolution No. 92-43 Page 5 Failure of the applicant to strictly conform to this agreement will result in the immediate closure of the VFW Post 6885 upon suspension ordered by the City Manager and review for determination of ordering permanent revocation by the City Council at their next regular meeting following suspension. These conditions are as follows: 1. All operation of the facility shall cease one year from the date of January 28, 1992. 2. Sale of alcoholic beverages shall cease on October 28, 1992. This termination date shall not be extended for any purpose. 3. The V.F.W. shall agree to hold the City harmless and indemnify against any and all claims against the City arising out of the use or operation of the facility from January 28, 1992 to January 28, 1993. 4. Within 10 days from March 10, 1992, the V.F.W. shall obtain all risk insurance (a minimum of $1,000,000), with the City named as additional insured. 5. The V.F.W. shall conform to the City's noise ordinance. 6. Effective March 10, 1992, the V.F.V. shall not lease, or make available, the facility to an outside party for use as a meeting hall. The facility could be leased or used as a single family residence (subject to applicable City codes) which is in compliance with the existing zoning on-site. 7. The V.F.V. shall provide regular clean-up of the facility. 8. While the V.F.V. 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. 9. The V.F.W. shall agree to these listed conditions through the execution of a covenant. 10. Failure to comply fully with any condition shall result in the immediate termination of the use. 11. The conditions of this denial and stay of enforcement shall not be effective until the V.F.W. Post 6885 and the Sand Canyon Homeowners Association submit to the City endorsed, conformed copies of this Resolution No. 92-43, accepting the conditions and terms of the denial and stay of enforcement. The endorsements shall be in a form prescribed by the City. PASSED, APPROVED AND ADOPTED this day of 1992. Jill Rlajic, Mayor Resolution No. 92-43 Page 6 0 ATTEST: 0 Donna M. Grindey, City.Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) I, Donna M. Grindey, DO HEREBY CERTIFY that the above Resolution was duly adopted by the City Council of the City of at a regular meeting thereof, held on the day of. by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: GEA:474 and foregoing Santa Clarita , 1992 Donna M. Grindey, City Clerk ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF RESOLUTION NO. 92-43 The undersigned certify that he/she are the Commander and Vice -Commander of V.F.W. Post 6885, that the Constitution, Bylaws, or other appropriate organizational rules for V.F.W. Post 6885 allow the Commander and Vice -Commander and/or other officers to bind the V.F.W. Post 6885 and execute documents, such as this Acknowledgement and Acceptance of the terms of Resolution No. 92-43. The V.F.V. Post 6885 does hereby accept and agrees to be bound by the terms and conditions of Santa Clarita City Council Resolution No. 92-43. V.F.W. Post 6885 By its Commander 14 Z' ./ t V.F.V. Post 6885- 9., its Vice -Co wander Q?vg,i� Fs74`� The undersigned certify that he/she are the. President and Representative of the Board of Directors of the Sand Canyon HOA, that the Constitution, Bylaws, or other appropriate organizational rules for the Sand Canyon HOA allow the President and Representative to bind the Sand Canyon HOA and execute documents, such as this Acknowledgement and Acceptance of the terms of Resolution No. 92-43. The Sand Canyon HOA does hereby accept and agrees to be bound by the .terms and conditions of Santa Clarita City Council Resolution No. 92-43. Sand Canyon HOA By.its President of the Board of Directors Sand Canyon HOA Sand Canyon Land Use Committee By its Representative ATTEWV / G€orge A. Caravalho, City Manager City of Santa Clarita GEA:484 RESOLUTION NO. 92-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DENYING MASTER CASE NO. 91-066 CONDITIONAL USE PERMIT 91-005 TO ALLOW FOR THE CONTINUED USE OF AN ASSEMBLY AND MEETING HALL (PRIVATE RECREATIONAL CLUB) AT 27009 SAND CANYON ROAD THE CITY COUNCIL OF THE CITY OF SANTA CLARITA-DOESHEREBY 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 Department 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 Division 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 applicant is requesting a conditional use permit 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. 92-43 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 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. 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 4) Unimproved parking area which consists of an area sufficient to accommodate approximately 56 parking spaces g. The subject parcel is zoned A=1-2 (Light Agricultural - two acre required area). A private recreational club is permitted in this zone with the inclusion of an approved conditional use permit. 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. 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 Resolution No. 92-43 Page 3 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. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the City Council and on its behalf, the City Council further findsasfollows: a. At the hearing of January 28, 1992, the City Council considered the agenda report prepared for this project and received testimony on this proposal. b. 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. C. 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. d. 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. Resolution No. 92-43 Page 4 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 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 nronosed_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. enjoyment or valuation of property of other persons located in the 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. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: a. As proposed, the project does not meet the findings required for approving a conditional use permit. b. As proposed, the project is not consistent with the City's General Plan. NOV, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, determines as follows: The City Council hereby denies Conditional Use Permit 91-005. The City Council orders that the enforcement of the prohibition against the currently existing use may be delayed for one year from January 28, 1992, subject to the following conditions. The City Council has directed staff to obtain the applicant's and Sand Canyon Home Owners 0 Association's written approval with the below listed conditions. Resolution No. 92-43 Page 5 Failure of the applicant to strictly conform to this agreement will result in the immediate closure of the VFW Post 6885 upon suspension ordered by the City Manager and review for determination of ordering permanent revocation by the City Council at their next regular meeting following suspension. These conditions are as follows: 1. All operation of the facility shall cease one year from the date of January 28, 1992. 2. Sale of alcoholic beverages shall cease on September 30, 1992. This termination date shall not be extended for any purpose. 3. The V.F.W. shall agree to hold the City harmless and indemnify against any and all claims against the City arising out of the use or operation of the facility from January 28, 1992 to January 28, 1993. 4. Within 10 days from March 10, 1992, the V.F.W. shall obtain all risk insurance (a minimum of $1,000,000), with the City named as additional insured.. 5. The V.F.W. shall conform to the City's noise ordinance. 6. Effective March 10, 1992, the V.F.W. shall not lease, or make available, the facility to an outside party for use. as a meeting hall. The facility could be leased or used as a single family residence (subject .to applicable City codes) which is in compliance.with the existing zoning on-site. 7. The V.F.W. shall provide regular clean-up of the facility. 8. 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. 9. The V.F.W. shall agree to these listed conditions through the execution of a covenant. 10. Failure to comply fully with any condition shall result in the immediate termination of the use. 11. The conditions of this denial and stay of enforcement shall not be effective until the V.F.W. Post 6885 and the Sand Canyon Homeowners Association submit to the City endorsed, conformed copies of this Resolution No. 92-43, accepting the conditions and terms of the denial and stay of enforcement. The endorsements shall be in a form prescribed by the City. PASSED, APPROVED AND ADOPTED this day of 1992. Jill Klajic, Mayor Resolution No. 92-43 Page 6 ATTEST: Donna M. Grindey, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Donna M. Grindey, City Clerk 0 GEA:474 0 r� ACKNOVLEDGEMENT AND ACCEPTANCE OF TERMS OF RESOLUTION NO. 92-43 The undersigned certify that he/she are the Commander and Vice -Commander of V.F.W. Post 6885, that the Constitution, Bylaws, or other appropriate organizational rules for V.F.W. Post 6885 allow the Commander and Vice -Commander and/or other officers to bind the V.F.V. Post 6885 and execute documents, such as this Acknowledgement and Acceptance of the terms of Resolution No. 92-43. The V.F.W. Post 6885 does hereby accept and agrees to be bound by the terms and conditions of Santa Clarita City Council Resolution No. 92-43. V.F.V. Post 6885 By its Commander V.F.W. Post 6885 By its Vice -Commander The undersigned certify that he/she are the President and Representative of the Board of Directors of the Sand Canyon HOA, that the Constitution, Bylaws, or other appropriate organizational rules for the Sand Canyon HOA allow the President and Representative to bind the Sand Canyon HOA and execute documents, such as this Acknowledgement Acceptance_ of the terms of Resolution No. 92-43. The Sand Canyon HOA s hereb accept and agrees to be bound by the terms and conditions of S Clarita i ouncil Resolution No. 92-43. �7 LCity Manager City of Santa Clarita GEA:484 Sand C y n OA By its President of the Board of Directors Sand Canyon HOA Sand Canyon Land Use Committee By its Representative CITY OF SANTA CLARITA I N T E R 0 F F I C E" M E M O R A N D U M TO: Mayor Klajic and Members of the CeCo FROM: George Caravalho, City Manager DATE: March 10, 1992 SUBJECT: V.F.W. Post 6885 (Agreement) At the meeting of .January 28, 1992 the Council *directed staff to obtain the applicant's and Sand Canyon Homeowners Association's written approval of an agreement formally: outlining conditions of closure for the VFW. . These conditions are contained within the attached resolution of denial for the VFW. ' Signed acceptance forms are also attached to the resolution. The Commander of'the VFW did not sign this form. Staff did obtain the signatures of the Vice Commander and the Quartermaster of the post. On March 10, 1992, staff received a letter from the Commander of VFW citing his reasons for not signing the above referenced acceptance forma 'A copy of the VFW bylaws was also submitted on this same date. The Commander's letter states that a special meeting among members of the post must first take place. The membership at this meeting, with a 2/3 majority vote; could act on the conditions of the agreement and direct the Commander to sign,or;'not sign the agreement. The members of the post must be provided written`'notice 10 days:prior to this meeting. Copies_ of both documents were ,forwarded .to the .City ,Attorney. . A section of. the bylaws states that an agreement shall be 'null and void "unless:'signed by the .Commander and at least one of' the Post's Trustees and Quartermaster:. It is -the opinion of the City Attorney that the .acceptance...form; must. have the' signature of the Commander or the agreement may not be enforceable RECOMMENDATION Staff recommends that the Council: Add a condition within Resolution No. 92-43 requiring the VFW Commander to submit a signed acceptance form agreeing to the. conditions, as stated within Resolution No. 92-43, by March 24, 1992. Failure to submit. this signed agreement to the City by this date will result, in the immediate closure of VFW Post 6885. GAC:gea:492 RESOLUTION NO. 92-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DENYING MASTER CASE NO. 91-066 CONDITIONAL USE PERMIT 91-005 TO ALLOY FOR THE CONTINUED USE OF AN ASSEMBLY AND MEETING HALL (PRIVATE RECREATIONAL CLUB) AT 27009 SAND CANYON ROAD 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 Department 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 Division 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 applicant is requesting a conditional use permit 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. 92-43 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) Unimproved parking area which consists of an area sufficient to accommodate approximately 56 parking spaces g. The subject parcel is zoned A-1-2 (Light Agricultural - two acre required area). .A private recreational club is permitted in this zone with the inclusion of an approved conditional use permit. 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 washeld 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. 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 Resolution No. 92-43 Page 3 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 facilityadversely affected both the circulation of Sand Canyon Road and the access on Sultus Street due to the off-site parking of vehicles. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public 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. At the hearing of January 28, 1992, the City Council considered the agenda report prepared for this project and received testimony on this proposal. b. 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. c. 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. d. 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. Resolution No. 92-43 Page 4 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 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, enjoyment or valuation of property of other persons located in the vicinity of the site. or 3. Jeopardize endanger or otherwise constitute a menace to the public health safety or eeneral 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. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: a. As proposed, the project does not meet the findings required for approving a conditional use permit. b. As proposed, the project is not consistent with the City's General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, determines as follows: The City Council hereby denies Conditional Use Permit 91-005. The City Council orders that the enforcement of the prohibition against the currently existing use may be delayed for one year from January 28, 1992, subject to the following conditions. The City Council has directed staff to obtain the applicant's and Sand Canyon Home Owners Association's written approval with the below listed conditions. Resolution No. 92-43 Page 5 Failure of the applicant to strictly conform to this agreement will result in the immediate closure of the VFW Post 6885 upon suspension ordered by the City Manager and review for determination of ordering permanent revocation by the City Council at their next regular meeting following suspension. These conditions are as follows: 1. All operation of the facility shall cease one year from the date of January 28, 1992. 2. Sale of alcoholic beverages shall cease on October 28, 1992, provided that the V.F.W. submits a signed agreement, agreeing to the conditions provided in this resolution. Failure to. submit a validly signed agreement shall result in a modification of the above alcohol cessation date to September 30, 1992. The final termination date shall not be extended for any purpose. 3. The V.F.W. shall. agree to hold the City harmless and indemnify against any and. all claims against the City arising out of the use or operation of the facility from January 28, 1992 to January 28, 1993. 4. Within to days from March 10, 1992, the V.F.W. shall obtain all .risk insurance (a minimum of $1,000,000), with the City named as additional insured. 5. The V.F.W. shall conform to the City's noise ordinance. 6. Effective March 10, 1992, the V.F.W. shall not lease, or make available, the facility to an outside party for use as a meeting hall. The facility could be leased or used as a single family residence (subject to applicable City codes) which is in compliance with the existing zoning on-site. 7. The V.F.W. shall provide regular clean-up of the facility. 8. 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. 9. The V.F.W. shall agree to these listed conditions through the execution of a covenant. 10. Failure to comply fully with any condition shall result in the immediate termination of the use. 11. The conditions of this denial and stay of enforcement shall not be effective until the V.F.W. Post 6885 and the Sand Canyon Homeowners Association submit to the City endorsed, conformed copies of this Resolution No. 92-43, accepting the conditions and terms of the denial and stay of enforcement. The endorsements shall be in a form prescribed by the City. Resolution No. 92-43 Page 6 PASSED, APPROVED AND ADOPTED this day of 1992. Jill Klajic, Mayor ATTEST: Donna M. Grindey, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Donna M. Grindey, City Clerk GEA:474