HomeMy WebLinkAbout1992-03-10 - RESOLUTIONS - MC 91-066 CUP 91-005 (2)RESOLUTION N0. 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
FOLLOWS: THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS
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 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.
That the requested 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.
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 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.
Resolution No. 92-43
Page 6
PASSED, APPROVED AND ADOPTED this 10th day of Mnrr_h 1992.
Jill K1 ic, Mayo
ATTEST:
Donna M. Grindey, City Clerk ell
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 10th day of March 1992
by the following vote of Council:
AYES: COUNCILMEMBERS: Boyer, Darcy, McKeon, Kiajic
NOES: COUNCILMEMBERS: Heidt
ABSENT: COUNCILMEMBERS: None
nnM. Grindey, City Clerk
GEA: 474
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.W. 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.W. Post 6885
By its Commander
X 7_Z_�
V.F.V. Post 6885—
B
885B its Vice -C ender
QCI.¢X7` ,V— /*b457�r-ve,—
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
City of Santa Clarita
GEA: 484
Sand Canyon HOA
Sand Canyon Land Use Committee
By its Representative
ACKNOWLEDGEMENT ANn ernrn
TAN F nr
OF SOLUTION NO 92 as
The undersigned certify that he
Vice -Commander of V.F.V. post 6885, that the /she are
appropriate organizational ruleshe Commander and
for V.F.W.VFposh°nstitution, Bylaws, or other
Vice -Commander and/or other officers to bind the V885 allow
documents, as this Acknowledgement and the Commander and
such F.W. Post 6885 and execute
Resolution No. 92-43. The V.F.W. post 6885 does hereby ac of the
be bound by the terms terms of
No. 92-43, and conditions of Santa y accept and agrees to
Clarita City Council Resolution
V.F.W. Po
at 6885
By its Commander
V•F•V' Post 6885
By its Vice -Commander
The undersigned certify that he/she are the
Representative of the Board of Directors of the Sand Canyon
Constitution, Bylaws, or other appropriatePresident and
Canyon HOA allow the President andRepresentativeorganizational rules dHOA, that the
and execute documents bind the Acceptance
Of r the Sand
terms of Resolution No, such as this AcknowledgementHOA ald
agrees to be bound b 92-43. The Sand Can on Acceptance of the
y the terms and conditions of HSA s hereb accept and
Resolution No. 92-43. Clarita
i9fiouncil
—Y or Santa Clarita
GEA: 484
Sand Ca y n OA
By its President of the
Board of Directors
Sand
Canyon HOA
Sand Canyon Land Use Committee
By its Representative