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HomeMy WebLinkAbout1992-09-08 - RESOLUTIONS - VFW POST 6885 CLOSURE (2)RESOLUTION NO. 92-173 .., 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 WITH 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 r— 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 sle:ping 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 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 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, eniovment or valuation of property of other persons located in the vicinity of the site. or 3. Jeopardize endanger or otherwise cons'.itute 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. W. 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.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. 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 8th day of September , 1992. Jill(t4ajic,'Mayoi ATTEST: onn�aM. Grindey, City Clerk 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 8th day of SePtember 1992 by the following vote of Council: AYES: COUNCILMEMBERS: Hoyer, Darcy, Heidt, Pederson, Rlajic NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None nna M. Grindey, City Cle GEA: 609