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HomeMy WebLinkAbout1992-01-28 - RESOLUTIONS - MC 90-153 CUP 90-021 (2)RESOLUTION NO. 92-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, UPHOLDING PLANNING COMMISSION RESOLUTION P91-58, APPROVING MASTER CASE NO. 90-153 (CONDITIONAL USE PERMIT 90-021) FOR THE PROPERTY AT 18830 SOLEDAD 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. An application for a conditional use permit was filed with the City of Santa Clarita by Tandem 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 major highway having a minimum width of 100 feet, and from Luther 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 sewer to serve the site. The applicant shall provide for proper fire flows and devices as required by the Fire Department. Resolution 92-22 Page 2 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. As originally filed, this request was for a Conditional Use Permit to allow the removal of the existing school facilities at the flat 9.13 acre project site and construct a 113,000 square foot commercial shopping center. The original design included a main building with floor area of 96,500 square feet with an anchor tenant occupying 50,000 square feet of the structure; the remaining area available for small -shop tenants. Three additional detached commercial buildings (of 3,000 square feet, 6,500 square feet, and 7,000 square feet) along the frontage of Soledad Canyon Road were also included in the proposal. j. 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. k. A duly noticed public hearing was held by the Planning Commission on May 7, 1991 at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m., and was continued to May 21, 1991. 1. At the May 21, 1991 Planning Commission meeting, staff presented this item to the Commission for their consideration. The Commission then opened the public hearing, took testimony, then closed the public hearing. After discussing the proposal, the Planning Commission determined that the traffic issues associated with the project had not been fully addressed. The Commission directed staff to work with the applicant to revise the project site plan to accommodate the realignment of Luther Drive with Homyr Place. This public hearing was then continued to June 4, 1991. m. The applicant returned to the June 4, 1991 Planning Commission meeting with an alternative to the realignment of Luther Drive with Homyr Place. The applicant proposed to construct a raised median along the center of Soledad Canyon Road through the existing intersection of Luther Drive and Soledad Canyon Road, followed by the elimination of the traffic signal light at this intersection. The Commission discussed this proposed traffic improvement and determined that the realignment of Luther Drive with Homyr Place was a more desirable traffic mitigation measure, and subsequently adopted Resolution P91-27 denying the application. Resolution 92-22 Page 3 n. The applicant appealed the Planning Commission's decision for denial of the proposed project. A duly noticed public hearing of the City Council was held on the appeal on July 9, 1991, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California, at 6:30 p.m. The City Council granted the applicant's request to continue this public hearing to September 10, 1991. o. At the September 10, 1991 meeting, the City Council upheld the Planning Commission's denial of the original project design, and instructed the applicant to work with staff and area residents to redesign the project incorporating the City Council's recommended improvements, including the realignment of Luther Drive with Homyr Place. p. Subsequent to the September 10, 1991 City Council meeting, staff met with the applicant and adjacent property owners, on five separate occasions, to reach a compromise in redesigning the project site plan. Revisions to the project included the following: Realignment of Luther Drive with Homyr Place; eliminating access from Mandan Street; bus turn -out on Soledad Canyon Road; landscaped street medians and buffer strips between residential areas; one-story building height limit. ^ q. A duly noticed public hearing of the Planning Commission was held on the proposed project on November 19, 1991, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California, at 7:00 p.m. At that hearing, the Planning Commission adopted Resolution P91-58, approving the revised plan for Master Case 190-153; Conditional Use Permit 90-021. r. On November 28, 1991, the City Clerk received an appeal of the Planning Commission's approval of the revised project. The appellant was the McDonald's Corporation, which has an existing franchise restaurant located adjacent to the project site on the south west corner of the intersection of Soledad Canyon Road and Luther Drive s. A duly noticed public hearing of the City Council was held on the appeal on January 14, 1992, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California, at 6:30 p.m. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearings held by the Planning Commission and City Council on the project, the public hearing held on the appeal of the McDonald's Corporation, and upon studies and investigations made by the City Council and on its behalf, the Council further "^ finds as follows: a. At the hearing of January 14; 1992, the City Council considered the McDonald's Corporation appeal of the Planning Commission's approval of Master Case 190-153; Conditional Use Permit 90-021. The appellant based the appeal on the Planning Commission's condition of approval requiring the realignment of Luther Drive with Homyr Place. The appellant claims that this road Resolution 92-22 Page 4 improvement will eliminate the existing corner location and severely limit access to their store located at 18850 Soledad Canyon Road. The appellant claims that such modification of their existing access and loss of their corner location will result in decreased sales. b. The City Council determined that the realignment of Luther Drive with Homyr Place would not eliminate access to the McDonald's restaurant, nor would it impede visibility. Access to the McDonald's restaurant would remain available via Soledad Canyon Road and Luther Drive. The McDonald's site would also maintain the same number of driveways for ingress and egress. C. 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. d. 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 the C -1 -DP Zone and the proposed CC(PD) Zone, with the inclusion of an approved Conditional Use Permit. e. 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. f. 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 with uses in the surrounding area. The project complies with applicable City codes regarding parking, landscaping, height, and yard requirements. g. 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. h. 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. With these provisions, project will be adequately served by public and private service facilities. P� Resolution 92-22 Page 5 i. 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 a menace 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. j. 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 City Council hereby determines as follows: a. The project will 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. d. The realignment of Luther Drive with Homyr Place will not adversely impact or impede access to the McDonald's restaurant site located at 18850 Soledad Canyon Road. THEREFORE, THE City Council OF THE CITY OF SANTA CLARITA does resolve as follows: The City Council hereby denies the McDonald's Corporation appeal of the Planning Commission's decision approving 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 (identified by Assessor's Parcel Number 2803-029-301.) Resolution 92-22 Page 2 PASSED, APPROVED AND ADOPTED this28th day of JaMary, 1992, Jill K] jic, Mayor M. Grindey( City Clerk 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 City Council of the City of Santa Clarita at a regular meeting thereof, held on the28 th day of January 1992 by the following vote of the City Council: AYES: Councilmembers: Boyer, Darcy, Heidt, McKeon, Klajic NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAINED: Councilmembers: r� loi nna M. Grindey ity Clerk EXHIBIT B RECOMMENDED CONDITIONS OF APPROVAL MASTER CASE NUMBER 90-153 (CONDITIONAL USE PERMIT 90-021) PLANNING COMMISSION RESOLUTION P91-58 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 P" permit. Conditions of Approval Resolution P91-58 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 appropriate ordinances 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 Homyr 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'-0" from centerline on Soledad Canyon Road and 30'-0" 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 Resolution 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 means of mitigating 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 S_oledad 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 Conditions of Approval Resolution P91-58 does not form an areawide 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. 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 0' 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. Conditions of Approval Resolution P91-58 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. 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. Conditions of Approval Resolution P91-58 n 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. 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. Conditions of Approval Resolution P91-58 LOS ANGELES COUNTY DEPARTMENT OF HEALTH SERVICES 56. Extend available sewer to serve the project per Health Department requirements. 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. 61. The applicant will provide reasonable signage space for the McDonald's restaurant and the churches on Luther Drive at the southeast or southwest corner of Soledad Canyon Road and Luther Drive. This signage is for directional purposes only, and is subject to review and approval by the City Traffic Engineer and the Director of Community Development. 62. Signage for McDonald's shall be provided on the west side of Luther Drive south of Soledad Canyon Road at the driveway serving McDonald's. This signage shall be subject to the review and approval by the City Traffic Engineer and the Director of Community Development. This sign and the sign specified in condition 161 shall be designed, installed, and maintained by McDonald's and the churches. The applicant shall provide easements for such maintenance. 63. Interim signing for McDonald's shall be maintained during the construction phases of Luther Drive. This signage is also subject to the review and approval by the City Traffic Engineer and the Director of Community Development. ^ 64. Through traffic (one lane in each direction) shall be maintained on Luther Drive during all phases of construction. The traffic signal at Soledad Canyon Road and Luther Drive/Homyr Place shall remain operative during this period. Conditions of Approval Resolution P91-58 65. Vehicular access shall be maintained into and out of McDonald's driveway on Luther Drive during all phases of construction. 66. A schedule of truck deliveries, satisfactory to the Director of Community Development, shall be agreed to prior to any occupancy. The schedule will address any deliveries and/or unloading which may take place between 10 PM and 6 AM, in any area which would have noise impacts on the residential neighborhood, with appropriate restrictions. 67. The applicant and McDonald's shall reach an agreement on purchase or lease of the property under negotiation before this approval is effective. If these parties are unable to reach such agreement within 30 days, the applicant can return to the City Council with a request to delete this condition. This condition is satisfied by submittal of a letter signed by the affected parties. JC/266