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Home My WebLink About1993-09-14 - RESOLUTIONS - LYONS SERVICE STATION CONST (2)RESOLUTION NO. 93-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DENYING HILLSIDE DEVELOPMENT PERMIT 93-001 AND OAK TREE PERMIT 93-005 TO ALLOW FOR 2,800 CUBIC YARDS OF GRADING TO ALLOW FOR THE CONSTRUCTION OF AN AUTOMOBILE SERVICE STATION (QUICK CHANGE) FOR THE PROPERTY LOCATED AT 24419 LYONS AVENUE (MASTER CASE NO. 93-026) 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. An application for an oak tree permit was filed on February 18, 1993, by Jason Fang (the "applicant"). On March 30, 1993, the applicant submitted an application for a hillside development permit. The property for which this entitlement has been filed Is located at 24419 Lyons Avenue (Assessor Parcel Number 2851-014-006). The zoning designation of the site Is Community Commercial (CC). b. The applicant filed a hillside development permit to allow for the grading of 2,800 cubic yards of earth (1,400 cubic yards for excavation purposes and 1,400 cubic yards for fill purposes) to allow for the contraction of an automobile service station. The oak tree permit Is to allow for the removal of two oak trees to accommodate the proposed project. Both these trees are on the subject property and none are heritage size. There are a total of seven oak trees on-site. C. The property Is designated by the City's General Plan as Community Commercial (CC). The use proposed is permitted with the Inclusion of a hillside development permit and an oak tree permit. d. The subject site Is vacant hillside property with an average cross slope of 14%. There are no significant ridgellnes on-site. e. Access to the site would be from Lyons Avenue. f. The surrounding land uses are commercial to the north and east, vacant property to the west, and multiple residential to the south. g. A duly noticed public hearing was held by the Planning Commission on June 1, 1993, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clar ta, at 7:00 p.m. h. On June 15, 1993, the Planning Commission adopted Resolution P93.13, formally denying Alaster Case 93-026 (Hillside Development Permit 93-001 and Oak Tree Permit 93-005). ,. 1. On July 6, 1993, the owner of the property, Mr. Tom Lee, submitted an appeal letter and the appropriate fees, appealing the Planning Commission's denial of Master Case 93-026 (Hillside Development Permit 93-001 and Oak Tree Permit 93-005). RESO NO. 93-123 Page 2 A duly noticed public hearing was held by the City Council on August 24, 1993 at 6:30 P.M. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon the study and Investigation made by the City Council and on its behalf, the City Council further finds as follows: a. At the hearing of August 24, 1993, the City Council considered the staff report prepared for this project and received testimony on this proposal. b. The City's General Plan designation for the project site Is Community Commercial (CC). Uses may Include a department store, movie theater, major hardware store, supermarket, major clothing outlet, and other related uses. The Intent of this designation Is to provide for cohesive and Independent uses of a community -wide nature that attract people from beyond the Immediate neighborhood. C. Based upon a review of the submitted plan and testimony at the public hearing on August 24, 1993, the subject property Is not suitable for the type of development proposed because the project Is not consistent with the City's General Plan policies promoting development consistent with the existing topography, requiring new development to be compatible with the existing residential and commercial neighborhoods, and preserving oak trees. d. The General Plan states that "hillside development should be designed to preserve or follow natural contour of the land and reduce the amount of land alteration." (p. L-64). Land Uses Element Policy 5.2 specifies that only "responsible and sensitive development of hillside area(s)" is allowable. Land Use Element policy 5.2 states that it Is the City's duty to "ensure that new development, grading, and landscaping are sensitive to the natural topography and major landforns In the planning area." Other General Plan policies relating to hillside development Include, but are not limited to: Land Use Element policy 2.2, Community Design Element policies 5.1 and 7.4, Open Space and Conservation Element policies 1.1, 1.10, 2.1, 2.2, and 2.4. The General Plan also contains numerous policies encouraging preservation of oak trees which Include, but are not limited to, Land Use policies 2.2 and 5.6, Community Design Element policy 5.1, and Open Space and Conservation Element policies 1.1 and 3.2. e. The City's Hillside Development Ordinance (Section 17.60.030 [Aj3 of the Unified Development Code) states that "buildings shall be utilized where such techniques can be demonstrated to substantially reduce grading alterations of the terrain and to contribute to the preservation of trees, other natural vegetation and prominent landmark features and are compatible with existing neighborhoods." Section 17.80.030 [A]7 states that proposed development Include "grading designs that serve to avoid disruption to adjacent property." SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: RESO NO. 93-123 .... Page 3 a. The design and Improvement of the proposed project is not consistent with the City's General Plan and the Hillside Development Ordinance because It Is not in accordance with oak tree preservation policies and Is not consistent with policies requiring development to complement existing topography. b. The requested project may adversely affect the health, peace, comfort or welfare of persons residing In the surrounding area; may be materially detrimental to the use, enjoyment, or valuation of property of other persons located In the vicinity of the site; and may jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare because of visual Impacts to the surrounding community, neighborhood compatibility, and removal of oak trees. C. Pursuant to Government Code Section 65907 and Code of Civil Procedure Section 1094.6, any action or proceeding to attach, review, set aside, void or annul this decision, or concerning any of the proceedings, acts, determinations taken, done or made prior to such decision or to determine the reasonableness, legality, or validity of any condition attached to this decision shall not be maintained by any person unless the action or proceeding Is commenced within 120 days of the date of this resolution. The City Clerk shall send a certified copy of this resolution to the applicant, and If any, the appellant at the address of sold person set forth in the record of proceedings and such mailing shall constitute the notice required by Code or Civil Procedure Section 1094.6. SECTION 4: The City Council hereby denies Master Case No. 93-026 which consists of Hillside Development Permit 93.001 and Oak Tree Permit 93005. PASSED, APPROVED AND ADOPTED this 14th day of September 1993. 4, x/"� Mayor ATTEST: Cilty-Clark RESO NO. 93-123 Page 4 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) § CITY OF SANTA CLARITA) I, Donna M. Grindey DO HEREBY CERTIFY that the foregoing Resolution was duty adopted by the City Council of the City of Santa Clarfta at a regular meeting thereof, held on the 14th day of SMtember , 1993 by the following vote of the Council: AYES: NOES: ABSENT: COUNCILMEMBERS: Boyer, Darcy, Pederson, Hoidt COUNCILMEMBERS: None COUNCILMEMBERS: Rlajic '4z-'�� - 4�� City C ark