HomeMy WebLinkAbout1993-04-13 - RESOLUTIONS - MC 90-185 APPEAL DENIAL (2)RESOLUTION NO. 93-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA DENYING THE APPEAL OF THE
PLANNING COMMISSION'S APPROVAL OF MASTER CASE 90-185
(TENTATIVE TRACT MAP 49334, CONDITIONAL USE PERMIT 90-031,
AND OAK TREE PERMIT 90.039) TO ALLOW FOR THE DEVELOPMENT OF A
76 ACRE SITE INTO 32 SINGLE FAMILY RESIDENTIAL LOTS, THEREBY
DEEMING THE PROJECT APPROVED. THE PROJECT IS LOCATED EAST OF TRIUMPH
AVENUE, 600' SOUTH OF SULTUS STREET AND 1,300' WEST OF 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. An appeal of the Planning Commission's approval of Master Case 90.185 was filed
with the City of Santa Clarita by Mr. Robert Lyn (the "appellant) on June 16, 1992.
The Planning Commission approved Master Case 90.185 (Tentative Tract Map 49334,
Conditional Use Permit 90-031, and Oak Tree Permit 90-039) on June 2, 1993,
allowing for the subdividing of a 76 acre parcel Into 32 single family residential lots.
Conditional Use Permit 90-031 allowed for the clustering of the lots while Oak Tree
Permit 90-039 allowed for the removal of a maximum of 39 oak trees and
encroachment Into the protected zone of a maximum of 60 oak trees.
b. Reasons cited by the appellant for the appeal included:
1) The project's inconsistency with the City's Hillside Ordinance and Zoning
Code.
2) The lots within the development do not contain a minimum area of two
acres.
3) The removal of the oak trees violates the spirit of the City's Oak Tree
Ordinance.
C. Duly noticed public hearings concerning the appeal were held by the City Council
on August 25, October 13, November 10, and December 8, 1992 and April 13, 1993.
At these hearings the Council considered the staff reports prepared for the project
and received testimony on the proposal.
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. The numerous hearings and continuances on the Item were the result of ongoing
negotiations between City staff, the applicant, surrounding property owners, and the
Santa Clarita Water Company in an effort to Immediately extend a waterline through
the project site to service the project and surrounding areas. Surrounding property
owners are presently experiencing water shortages, as they are using private
systems or transporting water to their properties.
RESO NO. 93-53
Page 2
b. The appellant, Mr. Robert Lyn, withdrew the appeal on March 31, 1993, citing the
project proponent's providing payment to the Santa Ciarita Water Company for the
extension of line as the reason. The appellant and surrounding property owners
viewed the Immediate extension of the waterline as a public benefit, outweighing the
Issues cited by the appellant within the appeal letter.
SECTION 3. Based upon the foregoing facts and findings, the City Council hereby
determines as follows:
a. A negative declaration was prepared for this project pursuant to the California
Environmental Quality Act. The project will not have a significant effect upon the
environment under the California Environmental Quality Act.
b. 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 commended 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 said person set forth in the
record of proceedings and such mailing shall constitute the notice required by Code
or Civil Procedure Section 1094.6
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita,
California, as follows:
The City Council hereby denies the appeal of the Planning Commission's approval of Master
Case 90-185 (Tentative Tract Map 49334, Conditional Use Permit 90-031, and Oak Tree
Permit 90-039) to create 32 clustered single family lots on a 76 acre site. Furthermore, the
City Council adopts Planning Commission Resolution P92.16, thereby approving Master
Case 90-185 as approved by said resolution and attached conditions.
PASSED, APPROVED AND ADOPTED this 13th day of April ,
1993.
ATTEST:
Ity Clerk
RESO NO. 93-53
Page 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF SANTA CLARITA )
I, Donna M. Grindev. City Clerk, DO HEREBY CERTIFY that the above and
foregoing Resolution vas duly adopted by the City Council of the City
of Santa Clarita at a regular meeting thereof, held on the 13th day of
April. 1993 by the following vote of Council:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Boyer, Darcy, Klajic, Pederson, Heidt
None
None
Y CLERK