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HomeMy WebLinkAbout1994-12-13 - AGENDA REPORTS - CC PD GAS STATION FAST FOODS (2)AGENDA REPORT PUBLIC HEARING City Manager Item to e pre ented by: ch Henderson DATE: December 13, 1994 SUBJECT: An appeal of the Planning Commission's approval of a conditional use permit to allow for the development of a 54,343 square foot site with a fast food restaurant. The project site is located at 28368 Sand Canyon Road, adjacent to the ARCO gas station, and is zoned CC -PD Genu. pity Commercial - Planned Development). Project Applicant: In - N -Out Burgers. Project Appellant: "Jan H&idt DEPARTMENT: Community Development BACKGROUND The City Council previously approved Plot Plan 89-146, allowing fora 28,000 square foot office building on the subject property (Ungar Office Building). Recently, the Director of Community Development granted a nine month extension to this approval, which now expires on September 3, 1995. If approval of the In -N -Out Burger restaurant is granted, it is assumed that the property owner would abandon the plans for the office building. On October 18, 1994, the Planning Commission adopted Resolution P94-18, approving Master Case 94-072 (Conditional Use Permit 94-003). The proposed facility would include a 2,790 square foot, one-story building that would contain seating for 71 persons. Proposed access to the site is one driveway off of Sand Canyon Road. The applicant is proposing to construct 49 parking spaces in conjunction with the development. In addition, the applicant is proposing to. construct a 100 foot tall freeway oriented sign. The height of the proposed sign is consistent with surrounding freeway signs; The applicant has prepared a traffic study in conjunction with the project. The traffic study has been reviewed by the City's Traffic Engineering Section. The project is expected to create 95 PM peak hour vehicle trips. This number is slightly less than what the approved office building would generate. The In -N -Out would not generate any AM peak hour trips as it would not be open. Overall, the subject project would generate more average daily vehicle trips than the office building (1,840 versus 789). Continued To: L j /-9,5-- Agenda Item: PLANNING COMMISSION ACTION The project was heard by the Planning Commission on October 18, 1994. At this meeting a total of seven persons spoke in favor of the project while a total of eight persons spoke in opposition to the development. Issues cited by the Commission with the project were related to traffic and aesthetics. In summary, the Commission believed that the traffic impacts generated by this use would be less than other commercial uses that could be approved for the site. This was based upon the project's AM and PM peak hour trip generation compared to those of the approved office building. The site is located on a bluff above the Santa Clara River and is visible to residential properties to the south and east located on Lost Canyon Road. The Commission believed that the aesthetic impacts generated by the development would be far less than those generated by a two or three story office building. The proposed In -N -Out restaurant would total 2,900 square feet, whereas the approved office building totaled approximately 28,000 square feet. Conditions of approval also required the applicant to provide a landscape berm, planted with mature landscaping and shrubs, along the project's southeast boundary. After receiving public testimony and deliberating, the Commission conditionally approved the project by a vote of 5-0 with the following modifications: 1) That, if feasible, the two mature trees located on-site be included within the site landscaping. 2) That a landscape berm be constructed along the parking area adjacent to Sand Canyon Road. 3) That signage be posted at the entrance restricting truck trailers from entering the site. 4) That, at the discretion of the City's Traffic Engineer, a raised median be installed on Sand Canyon Road adjacent to the project's frontage. If this cannot be accomplished the applicant shall be required to modify existing striping to allow for the extension of the two way left turn lane approximately 75' south of the edge of the project's driveway to the satisfaction of the City's Traffic Engineer. 5) That, at the discretion of the City's Traffic Engineer and CALTRANS, the applicant may be required to post signage restricting vehicles over a certain weight from exiting at the Sand Canyon off -ramps. A petition in opposition, containing 230 signatures, was submitted to the Planning Commission. The Sand Canyon Homeowners Association also commented on the project. Their comments are included within the Council's packet. Staff also received a total of 72 letters in favor of the project. RECOMMENDATION The Planning Commission recommends that the City Council: 1) Approve Master Case 94-072; and, 2) Direct staff to prepare a resolution of approval for the Council's consideration at the January 10, 1994, Council meeting. ATTACHMENTS Planning Commission Resolution and Conditions Planning Commission Minutes Planning Commission Staff Reports Correspondence and Petitions GAC:RAH:GEA council\ar940ngea RESOLUTION NO. P94-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA APPROVING Conditional Use Permit 94-003 TO ALLOW THE CONSTRUCTION OF A 2,790 SQUARE FOOT FAST FOOD RESTAURANT ON A 54,343 SQUARE FOOT PROPERTY LOCATED AT 28368 SAND CANYON ROAD IN THE COMMUNITY COMMERCLAL-PLANNED DEVELOPMENT ZONE (MASTER CASE NO. 92-088) THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: a. An application for Master Case 93-145 was filed by In -N -Out Burgers (the "applicant") with the City of Santa Clarita on June 21, 1994. The application for a Conditional Use Permit was filed to allow for a 2,790 square foot fast food restaurant with a drive through window and 50 parking spaces and seating for 71 patrons. The property for which this entitlement has been filed is located at 28368 Sand Canyon Road (Assessor Parcel Number 2840-008-031). The project site is zoned Community Commercial -Planned Development. b. The City of Santa Clarita prepared an Initial Study for the project which determined that the project would not have a significant effect on the environment. C. A Mitigated Negative Declaration has been prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act. d. The City of Santa Clarita Development Review Committee met and supplied the applicant with draft Conditions of Approval. e. The site contains a vacant house which is in a state of disrepair. The project proposes the extension of water and sewer service to the project site. g. The project site is zoned CC -PD (Community Commercial Planned Development). The CC -PD zone typically corresponds to the commercial and retail activities with the inclusion of a Conditional Use Permit. h. The project proposes access via Sand Canyon Road. The applicant is requesting a 100 foot tall freeway oriented pylon sign. j. A duly noticed public hearing was held by the Planning Commission on October 18, 1994, at 7:00 p.m. at the City Council Chambers; 23920 Valencia Boulevard, Santa Clarita. 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 Planning Commission and on its behalf, the Planning Commission further finds as follows: a. At the hearings conducted on the project, the Planning Commission considered the staff reports prepared for the project and received testimonyon the proposal. b. The project complies with the City's Unified Development Code with inclusion of an approved Conditional Use Permit. The Conditional Use Permit provides the Planning Commission with the authority to approve a commercial development on the site. C. The project is consistent with the City's General Plan. The City's General Plan designation for the site is Community Commercial (CC) and the zoning category for the site is Community Commercial -Planned Development (CC -PD) The CC -PD zone allows for a maximum floor area ratio of ;375 to 1. The project's floor area ratio is ,051 to 1. d. The project will not have a significant effect on the environment. A Revised Mitigated Negative Declaration has been prepared for the project. The identified mitigation measures have been incorporated into the Conditions of Approval.. SECTION 3. Based upon the foregoing facts and findings, the Planning Commission hereby determines as follows: a. This project will not adversely affect the health, peace, comfort or welfare of persons residing in the area; nor be materially detrimental to the use, enjoyment, or valuation of property in the vicinity of the project site; nor' jeopardize, endanger or otherwise constitute a menace to the public health, safety, or general welfare since the project conforms with the zoning ordinance and is compatible with surrounding land uses. The project is compatible with existing development in the area, consistent with the City's General Plan, and complies with the standards of the CC -PD zone with the inclusion of a Conditional Use Permit. The applicant, has substantiated the findings for approving a Conditional Use Permit. SECTION 4, The Planning Commission hereby approves Master Case 94-072 (Conditional Use Permit 94-003) subject to the attached Conditions of Approval. This approval allows for the construction of a 2,790 square foot restaurant with a drive through window and a 100 foot tall freeway oriented sign. PASSED, APPROVED AND ADOPTED this 18th day of October, 1994. Pat,},M1�1'odugno, C man Plciiming Commission ATTEST: n M. Harris Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF SANTA CLARITA) I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the 18th day of October, 1994 by the following vote of the Planning Commission: AYES: COMMISSIONERS: Modugno, Townsley, Brathwaite, Cherrington and Doughman NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None I � ity Clerk phgCMV8* -01e.1tl CONDITIONS OF APPROVAL MASTER CASE NO. 94-072 CONDITIONAL USE PERMIT 94-003 GENERAL CONDITIONS 1. The approval of this project shall expire if not put into use within two years from the date of conditional approval, unless it is extended in accordance with the terms and provisions of the City of Santa Clarita Unified Development Code. 2. The applicant may file for an extension of the conditionally approved project prior to the date of expiration. If such an extension is requested, it must be filed no later than 60 days prior to expiration. 3. The applicant shall be responsible for notifying the Department of Community Development, in writing, of any change in ownership, designation of a new engineer, or a change in the status of the developer, within 30 days of said change. 4. Unless otherwise apparent from the context, the term "applicant" shall include the applicant and any other persons, corporation, or other entity making use of this grant. The applicant 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 attach, set aside, void, or annul the approval of this Project by the City, which action is provided for in Government Code Section 66499.37. In the event the City becomes aware of any such claim, action, or proceeding, the City shall 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 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. 5. At any point in the development process, a stop -work order shall be considered in effect upon the discovery of any historic artifacts and/or remains, at which time the City shall be notified. 6. In lieu of establishing the final specific locations of structures on each lot at this time, the owner, at the time of issuance of a building permit, agrees to develop the property in conformance with the City Code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Oak Tree Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, Department of Oil and Gas, South Coast Quality Air Management District, U.S. Army Corps of Engineering, and Fire Code. Improvements and other requirements maybe imposed pursuant to such codes and ordinances. MASTER CASE NUMBER 94-072 RESOLUTION P94-18 PAGE 2 7, The property shall be developed and maintained in substantial conformance with the approvals granted by the City: Any modifications shall be subject to further review by the City. 8. The Sanitation Districts are empowered by the California Health and Safety Code to charge a fee for the privilege of connecting to the Sanitation Districts' Sewerage System, A connection fee is required in order that necessary expansions to the Sewerage System can be constructed to accommodate new development.: Payment of a connection fee will be required before a permit to connect to the sewer is issued. FIRE DEPARTMENT 9. Provide and indicate on site plan, Fire Department access or vehicular turn -around in accordance with specifications below: a. Provide a minimum, unobstructed width of 26 feet clear to sky, vehicular access to within 150 feet of all portions of the exterior walls. b. Post 'No Parking - Fire Lane" signs along vehicular access roads. 10. The required fire flow for public fire hydrants at this location is 2,000 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. This shall include the possible installation of one public hydrant and the possible upgrade of one additional hydrant to the satisfaction of the Fire Department. 11. All hydrants shall measure 6"x 4" x 2 1/2", brass or bronze, conforming to current AWWA Standard C503, or approved equal. Hydrants shall be installed per specifications of the Los Angeles County Water Ordinance No. 7834 (Title 20) (Utility Manual, Section 4.0 to 4.6.) 12. All required public fire hydrants shall be installed, tested and accepted prior to construction. 13. Vehicular access must be provided and maintained serviceable throughout construction. 14. Show all existing fire hydrant(s) within 300 feet of all property lines (On -Site Plan: Call out hydrant size and dimension to property lines). NOTE: Additional fire hydrant requirements may be made after this information is supplied. 15. Complete and return, the "Water Availability" form. MASTER CASE NUMBER 94-072 RESOLUTION P94-18 PAGE 3 ENGINEERING 16. The applicant shall place above -ground utilities, outside sidewalks, or provide a minimum of four feet clear path of travel along sidewalks. 17. The applicant, by agreement with the City Engineer, may guarantee installation of improvements as determined by the City Engineer through faithful performance bonds, letters of credit or any other acceptable means. 18. The applicant shall repair any broken or damaged curb, gutter, sidewalk and pavement on streets within or abutting the project, and shall replace driveways to be abandoned with standard curb, gutter, and sidewalk. 19. The applicant shall construct a slough wall outside the street right-of-way when the height of slope is greater than five feet above the sidewalk. 20. The applicant shall construct the following required road improvements: Street R\W Curb & Base & Street Street 8 Foot Name Width Gutter Paving Lights Trees Sidewalk Sand Cyn. Rd. 110 Ft. X X X X X 21. Applicant shall install separate house laterals to serve each building in the project. Installation and dedication of main line sewers may be necessaryto meet this requirement. Applicable sewer connection fees shall be paid prior to building permit issuance. 22. The applicant's grading plan shall be based on a detailed engineering geotechnical report which must be specifically approved by the geologist and/or soils engineer and show all recommendations submitted by them. It must also agree with the approved plot plan and conditions as approved by the Planning Commission. 23. The applicant shall submit grading and drainage plans and necessary support documents to comply with Engineering requirements. These must be approved to the satisfaction of the Community Development Department. 24. Prior to the issuance of the building permit, the applicant shall pay the applicable Bridge and Thoroughfare Benefit District Fee to implement the highway element of the General Plan as a means of mitigating the traffic impact of this project. This project is in the East West Bridge and Thoroughfare District. MASTER CASE NUMBER 94-072 RESOLUTION P94-18 PAGE 4 25. Driveways shall be constructed using the City of Santa Clarita alley intersection design #101-0 type C. The applicant shall obtain approval from the traffic engineer for the location of all driveways. TRAFFIC ENGINEERING 26. The applicant shall install 'No Parking" signs along the project's frontage to the satisfaction of the Director of Community Development. 27. The applicant shall modify the site to allow for an increased backup area on the southern parking area to allow for a five foot distance. PARKS AND RECREATION DEPARTMENT 28. The applicant shall provide street trees to the satisfaction of the Parks and Recreation Department. The applicant shall use trees from the City's approved Master Street Tree List, which can be obtained from the City Arborist. The irrigation and maintenance of these trees shall be per Ordinance 90-15. 29. The applicant shall provide final landscape and irrigation plans for review and to the satisfaction of the Parks and Recreation Department. Drought resistant plants and water efficient irrigation systems shall be utilized in the design. 30. The applicant shall provide bike racks and an area for said racks to the satisfaction. of the Parks and Recreation Department. DEVELOPMENT SERVICES DIVISION 31. Prior to the issuance of building permits, the applicant shall submit final architectural elevations and a materials board to the Community Development Department for review and approval. The elevations shall be in substantial conformance with those approved by the Planning Commission. 32. Prior to the demolition of the existing structures, the applicant shall obtain a demolition permit from the Building and Safety Division.. This permit shall also address asbestos removal, if necessary: 33. Prior to the issuance of building permits, the applicant shall submit a lighting plan to the satisfaction of the Community Development Department. All project lighting shall be directed away from adjacent residential uses. 34. The applicant shall pay the appropriate school fees in effect at the time of building permit issuance to the satisfaction of the Building Official. 35. The applicant shall comply with all Building and Safety, and Engineering Division MASTER CASE NUMBER 94-072 RESOLUTION P94-18 PAGE 5 requirements. 36. The property shall be developed and maintained in substantial conformance with the approved Conditional Use Permit. 37. 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 hereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of 30 days. 38. This grant shall not be effective for any purpose until the permittee and the owner of the property involved have filed, with the Community Development Department, their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. 39. The applicant is given permission to install one 100 foot tall pylon sign containing 199 square feet in sign area. All other signage shall conform to the City sign requirements. 40. The applicant shall provide screening along the southeastern portion of the property (adjacent to the Santa Clara River) to the satisfaction of the Director of Community Development. This screening shall include mature landscaping, a natural berm, and shrubs. PLANNING COMMISSION CONDITIONS 41. The applicant shall submit a report analyzing the feasibility of relocating the two mature trees located on-site. This report shall be reviewed and approved by the Director of Community Development. If the Director determines that relocation is feasible, the applicant shall be required to relocate the trees to a location on-site. 42. The applicant shall construct a landscaped berm, between 30 and 42 inches in height, along the parking area adjacent to Sand Canyon Road. 43. The applicant shall post signage at the project's entrance, prohibiting truck trailers from entering the site. This requirement shall exclude In -N -Out delivery trucks. 44. At the discretion of the City's Traffic Engineer, the applicant may be required to install a raised median on Sand Canyon Road adjacent to the project's frontage to mitigate traffic conflicts caused by the development. If this cannot be accomplished, the applicant shall modify the existing striping along Sand Canyon Road to allow for the extension of the two way left turn lane approximately 75 feet south of the edge of the project's driveway to the satisfaction of the City's Traffic Engineer. MASTER CASE NUMBER 94-072 RESOLUTION P94-18 PAGE 6 45. At the discretion of the City's Traffic Engineer and CALTRANS, the applicant may be required to post signage restricting vehicles over a certain weight from exiting at the Sand Canyon off - ramps. FLF current\mc 4072c.flf PUBLIC HEARINGS ITEM 2: MASTER CASE 94.072 (CONDITIONAL USE PERMIT 94-003) Rich Henderson introduced the item, a conditional use permit request to allow for the development of a fast food restaurant in a Community Commercial Planned Development zone. Glenn Adamick, Assistant Planner II, gave the presentation. The conditional use permit request would allow an In -N -Out Burger drive-thru restaurant on the 1.25 acre site and a 100 foot high free-standing freeway orientated sign. Since the packet was sent out staff has received a total of 72 letters in favor of the project. A slide presentation was given. Mr. Adamick stated the restaurant would be almost 2,800 square feet, one-story and 26 feet tall. It would contain seating for 71 persons. Grading would not necessitate the altering of the river which lies adjacent to the project site. Staff is recommending that if approved, the Commission require the applicant plant increased landscaping to reduce visibility of the site from the single family homes on Lost Canyon Road. A traffic study was required by Cal Trans since the project is adjacent to State Route 14 and may impact the on and off ramps. They did not require any specific traffic improvements. The City's Traffic Engineering Division is recommending the applicant be required to provide roadway striping to allow for a two-way left turn lane and also provide signage along the project's frontage prohibiting any street parking. The applicant is providing 50 parking spaces in conjunction with the project. Staff is recommending the Commission require the applicant to redesign the plan to provide a minimum of two recreational vehicle spaces. Commissioner Brathwaite asked what distance the project was from the freeway. Mr. Adamick stated it was approximately 500 to 600 feet from the freeway. Commissioner Doughman had a question about big rig parking. Mr. Adamick said the City did not have a code requirement for parking spaces for a big rig truck. He said it would be difficult for a big truck to get on and off the site. Commissioner Doughman asked if there would be a sign at the entrance indicating restrictions on vehicles over a certain weight. Mr, Adamick said the applicant could be conditioned to have such a sign. Chairman Modugno asked if there would be any street parking. Mr. Adamick said there may be parking along the Arco station on Sand Canyon. Commissioner Cherrington asked the location of the freeway sign. Mr. Adamick stated it would be on the northeast corner. Commissioner Cherrington also asked if it would be possible for the grading to stop short of the property line to allow a natural berm. Mr. Adamick believed that it was a possibility. Chairman Modugno opened the public hearing at 7:20 p.m. Those speaking were: Ramund Villanueva, 4199 Campus Drive, Suite 9000, Irvine, the applicant. He stated he is the manager of development for In -N -Out Burger. He commended City staff for working with his organization. Mr.: Villanueva said the meetings with homeowners had been very beneficial. He stated the number one concern of the residents was traffic. There will only 1 be one single driveway instead of two thereby allowing a long left turn stacking on Sand Canyon prior to turning left onto the site. This will accommodate 15 to 20 cars, maybe more. The drive-thru stacking has been designed so that it is farthest away from the entrance driveway. The drive-thru stacking can accommodate the most number of cars thereby avoiding any blockage of the main driveway. There will be circular access, to the site. In -N - Out does not open until 10:00 a.m. so it would not impact morning traffic. The peak hour business has always been the lunch hour.The evening peak is from 6:00 p.m. to 9:00 p.m. In -N -Out has been in business for 45 years. It is a solid and stable company and they do not sell any liquor. He stated In -N -Out would like to be our "good neighbor" and they would be glad to accept all conditions of approval prepared by staff, including the weight limitation signs. Steve Sasaki, 680 Langsdorf Drive, Suite 222, Fullerton, the traffic engineer for the applicant. The traffic study was done in conjunction with City staff. Four intersections were looked at and one intersection of concern was State Route 14 eastbound ramps at Sand Canyon. His findings were the impacts of the In -N -Out Burger were relatively minor in relationship to other area projects and growth. Commissioner Doughman asked if the proposed golf course and the arcade were one of the other developments mentioned in the traffic study. Mr. Sasaki said approved projects are looked at and then the growth rate is incorporated to include other projects that may be approved in the future. The future projects are not specifically identified. Commissioner Townsley asked if the Sand Canyon and Soledad Canyon intersection had been looked at as well. Mr. Sasaki said yes. He found level of service C operations during the existing condition. It raises to level of service D when the future conditions without the project are considered and remains at level of service D with the addition of the proposed project. Commissioner Brathwaite asked if the left turn lane in the middle of Sand Canyon would be striped or part of a median. Mr. Sasaki said it was his understanding that it would just be striping. Maurice Ungar, P. O. Box 1755, Canyon Country. Mr. Ungar gathered the letters in favor of this project. He is the co-owner of the property. He attended the homeowners' meeting mentioned in a letter from Dennis Ostrom. He said although there were some people against the project, quite a few people voted for it and some did not vote at all. He said some of the signatures on the petition were from people out of the area. Randall D. Pfiester, 29701 Wisteria Valley Road, Canyon Country.. He would like to see this project approved.: He feels it will generate construction jobs. John Lukes, 19803 Larbert Street, Canyon Country. He feels this project will blend in with other stores in the area and be a benefit to the people of the community. Vera Johnson, 26534 Oak Crossing Road, Newhall. She is in favor of In -N -Out Burger. She stated that Jack Shine in cooperation with other developers will be building another bridge across the river north of Sand Canyon Road which should help mitigate future traffic. Christine Jennis, 17952 River Circle, 42, Canyon Country. She read a letter written by Mr. & Mrs. Dunn and signed by Mr. & Mrs. Johnson and Mrs. Jennis and her husband. They are in favor of the project. Fred Heiser, 90311 Delight, Santa Clarita. Mr. Heiser said this particular project blends in well with the existing uses. He said this project will generate revenue for the City and provide a good fast food option for local residents.. The existing building on the site is an eyesore. Kerry Seidenglanz, 26132 Millstream Drive, Santa Clarita. He supports this project. He has been a resident of Sand Canyon for 13 years. The property is an eyesore and hazard in its present state. The location is excellent. There is no fast food restaurant in that end of the valley. The closest is at Whites Canyon. It will provide revenue and jobs for the City. Susan Ostrom, 16430 Sultus Street, Canyon Country. She is speaking on behalf of her husband, Dennis Ostrom, president of the Sand Canyon Homeowners Association. She stated two meetings were held. The first was June 2 and many spoke against the project. A committee was formed to study the proposed use of the property. The second meeting took place on October 11. The committee had an opportunity to voice their findings. There was a vote by show of hands and the majority was against this project. The primary reason for concern was the traffic impact on Sand Canyon. Chairman Modugno asked Mrs. Ostrom if the changes by In -N -Out were presented to the Association before the vote on October 11 was taken. Mrs. Ostrom said yes. Chairman Modugno then asked if these changes would change her mind as to how this project would be viewed. Mrs. Ostrom said she sees great impact to Sand Canyon.. Dotty Patrick, 15660 Iron Canyon Road, Canyon Country. She has been a resident for 6 1/2 years. She is concerned about the traffic. Before any approval is given she would like to have the traffic issue looked at in depth. Charmaine Posten, 16442 Lost Canyon Road, Canyon Country. She said it is hard to oppose In -N -Out Burger because they are nice people. The people who signed the petition against the project who do not live in the area are people that work in the area. There are only two ways out of Sand Canyon. Traffic is tough. She gave some figures for accidents occurring on Sand Canyon Road and Lost Canyon. Rosa Matsusaka, 16452 Lost Canyon Road, Canyon Country. The In -N -Out Burger affects her directly. It is in front of her house. It is hard for her to leave her home during certain hours because of traffic. The In -N -Out Burger will make it harder for her to leave her home. Penny Upton, 28154 LaVeda Avenue, Canyon Country. She travels down Sand Canyon everyday. The traffic is hazardous. She carried petitions door to door against this project. Big rigs are a concern to her. She said the slides shown do not reflect the traffic at the intersection. David Morris, 26616 Sand Canyon Road, Canyon Country. Traffic is the major concern for him. The slides presented do not show the true traffic problem. He suggested this project be postponed until the traffic problems are solved. Chairman Modugno read into the record the names of people who opposed the project but did not wish to speak. He stated that if their name was read and they did wish to make comments, let him know and they would be given the opportunity to speak. Leigh Shafer, Charles Upton, Rick Romans, Sondra Romans, Alane DuFreme and David Beardsley did not wish to speak. Don Watson, 15625 Bronco Drive, Canyon Country. He is against the project because of the 3 traffic issue. This project will make traffic worse. He does not see anything being done by the Planning Commission on how the Sand Canyon/Soledad Canyon/Lost Canyon and Highway 14 traffic problem can be solved. More studies need to be done before this project is put to a vote. Pat Weghorst, 26401 Deercreek Lane, Canyon Country. She said no one brought up the subject of the earthquake. Traffic was backed up on Little Tujunga and Placerita Canyon. She is not opposed to a small project that would not make a lot of traffic. Allan Cameron, 27612 Ennismore, Santa Clarita. Gave a brief history of a previously proposed project on the site. He stated there is in excess of 900 dwelling units in Sand Canyon and nine homeowners association. The In -N -Out Burger is a permitted use for the area. He requested that the trees on the property be saved. He recommended approval of the project. Ray Villanueva explained that the 106 peak hour cars meant the cars were coming in and going out or about 55 cars going in and about 50 out for a total of 106. Mark Lamerow, the design civil engineer for the project, wanted to comment on some of the concerns brought up at the meeting. The grading has been stopped short of the property line in order to preserve the natural banks of the river and to encourage as much landscaping buffer as possible. Regarding the two trees, it would be possible to box them up. The traffic problems are due to the bottleneck with the on and off ramp system at the highway. He said that Cal Trans has acknowledged this and they show it as a funded project in their future. In -N -Out Burger does not want to encourage big rigs on the site but if they happen to turn in there would be adequate maneuverability to turn around and exit the site. Mr. Villanueva said an agreement has been made with staff that the property line along the river would be buffered to screen the project from the view of homeowners across the river. Chairman Modugno closed the public hearing at 8:27 p.m. Commissioner Townsley asked if anything else could be done by staff to help the people in Sand Canyon feel better about this project. Rabie Rahmani, Associate Traffic Engineer, stated that the median island was brought up when the project was proposed but not feasible. In order to make it easier for people leaving the project, a request was made to change the striping. He had some numbers regarding accidents for that certain area. In 1994 the total of accidents from Soledad to Lost Canyon was 4 in 8 1/2 months. In 1993 for the same roadway it was 9. Commissioner Townsley had a question regarding the sign for the project and if it would be affected by the requirement that after 1997 a sign of this size would have to be removed. Mr. Adamick stated that this sign would be permitted because the code is open as far as freeway signage. Commissioner Cherrington stated that the Planning Commission has asked for City Council guidance in developing a traffic circulation pattern for Sand Canyon. He said for a time the Commission was not permitting anything which would add to traffic congestion. He has not changed his view; however, there are a number of outstanding features to this project including community involvement. He is pleased with the southside buffer. He would like staff to look into the possibility of boxing the two trees and putting them somewhere appropriate for the City. He also wanted to know if it would be possible to make a truck rd weight restriction which could be posted at the exit ramp of the 14 Freeway. He said the traffic level could be worse with some other development on the site. Commissioner Cherrington felt staff should be working with Cal Trans to find ways of mitigating the traffic issue. Commissioner Doughman said that any development on the site would be a high volume use no matter what it is. He felt that In -N -Out Burger was a better option. He would like a sign limiting vehicle size coming on to the property to discourage big rigs from coming in. He also wanted staff to take a look at putting in a raised median in one direction to control traffic coming on and off the property. He would also like to save the trees. Commissioner Brathwaite would like to start a traffic study for the Sand Canyon area. He would like to see a solid median installed on Sand Canyon Road and the trees boxed. Commissioner Townsley felt In -N -Out would be an asset to the community. She said the other Commissioners said exactly what she was thinking as far as conditions were concerned: Chairman Modugno wanted to incorporate that staff review the alternate site plan which did allow for the parking of six recreational vehicles and 49 vehicles. Mr. Adamick to reviewed the conditions which were having the City Traffic Engineers take a look at Sand Canyon and putting in a raised median; relocation of the two trees; look at the back buffer to make sure there is a natural berm on the southeast property line and that trees and shrubbery be used to shied the site from the homes on Lost Canyon Road; a weight limitation on vehicles entering the site; weight restriction sign on the freeway and don't obstruct the view in front of the project site with large trees or high shrubs. Commissioner Brathwaite wanted to add that a berm be put in front instead of a wall. Mr. Adamick stated that could be added to the other conditions.. Commissioner Brathwaite made a motion to adopt Resolution P94-18 approving Master Case: Number 94-072 which consists of Conditional Use Permit 94-003 subject to the conditions added by the Planning Commission. Said motion was seconded by Commissioner Townsley. The motion was carried by a vote of 5-0. CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING AN APPEAL OF MASTER CASE 94-072 (CONDITIONAL USE PERMIT 94-003) LOCATED AT 28368 SAND CANYON ROAD, SANTA CLARITA, CALIFORNIA. THE APPLICANT IS PROPOSING TO DEVELOP A 1.25 ACRE SITE WITH A 2,790 SQUARE FOOT FAST FOOD RESTAURANT (IN -N -OUT BURGER). THE APPELLANT IS JANICE H. HEIDT PUBLIC NOTICE IS HEREBY GIVEN: Regarding an appeal of Master Case 94-072 (Conditional Use Permit 94-003) located at 28368 Sand Canyon Road, Santa Clarita, California. The applicant is proposing to develop a 1.25 acre site with a 2,790 square foot fast food restaurant (In -n -Out Burger). The project includes a total of 50 parking spaces, with approximately 37% of the site being landscaped. The maximum height of the building is 26'. The project site is located on Sand Canyon Road, adjacent to and directly south of an existing ARCO gas station. The appellant is Janice H. Heidt. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Boulevard, 1st Floor, Santa Clarita, the 13th day of December, 1994, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's office, Santa Clarita City Hall, 23920 Valencia Boulevard, 3rd Floor, Santa Clarita, California. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Clarita at, or prior to, the public hearing. Dated: November 7,1994 Donna M. Grindey, CMC City Clerk Publish Dated: November 21, 1994 co s.phmout.gmd Public Hearing Procedure 1. Mayor opens hearing *States purpose of hearing 2. City Clerk reports on hearing notice 3. Staff report 4. Proponent Argument (30 minutes) 5. Opponent Argument (30 minutes) 6. Five-minute rebuttal (Proponent) *Proponent 7. Mayor closes public testimony S. Discussion by Council 9. Council decision 10. Mayor announces decision Sand Canvnn t-lnmP "wnavc Aaanriafinn Dr. Dennis K. Ostrom, President, October 12, 1994 Planning Commissioners City of Santa Clarita Department of Community Development 23920 Valencia Blvd., Suite 300 City of Santa.Clarita, California 91355 Dear Commissioners, I am writing to you about the In -n -Out Burger facility that is being proposed at Hwy 14 and Sand Canyon. This project has been presented at two Sand Canyon Home Owners Association (SCHOA) meetings. The SCHOA created a special "fact -finding -committee" to study the proposal in detail and their findings are described below. Their study lead them and those present at the last SCHOA meeting to vote, nearly unanimously (approximately 165 to 5), against approval of the In- n -Out Burger facility at the proposed site. I have underlined the key words "at the proposed site" because most people favor In -n -Out Burger over most franchises for quality of product, The (quantity and type of) traffic that the facility will draw is the root of the problem. The nature of the vehicles in the area of the facility (full sized cars, big rig trucks, vehicles hauling trailers, motor homes and dualees) will render the parking lot (even though its designed to code) and the proposed traffic patterns within the facility property, glaringly inadequate. The code is a minimum guide, in the case of this facility there should be provisions for higher than normal numbers of large vehicles and more than the normal manovering room for the large vehicles that the facility will need to handle. Sand Canyon is already very congested in the area of the proposed facility. Turning from the road or entering the road from the businesses already present can only be described as dangerous. It has been compared to driving in the Figure 8 Races at Saugus Speedway, Adding the In -n -Out Burger facility with its inherent high traffic generation will exasperate the problem well beyond the relative size of the property. Facilities such as this should be located on comers with signals for well planned traffic control_ It was, perhaps, best said by the property owner himself when he was proposing a commercial building for the same site. In his arguments for the commercial building he indicated that a low traffic generating commercial facility, such as he was proposing, should be an acceptable use for the site. This argument caused the SCHOA to reverse itself and vote in favor of the commercial building as then proposed.. The SCHOA is not against development, only poorly -planned development, This is a good facility but a bad location and should not be approved.. CITY OF SANTA CLARITA STAFF REPORT MASTER CASE NO. 94-072 CONDITIONAL USE PERMIT 94-003 DATE: October 18, 1994 TO: Chairman Modugno and Members of the Planni7tyZVe2preanY-<-_'n missio FROM: Lynn M. Harris, Deputy City Manager, Commu CASE PLANNER: Glenn Adamick, Assistant Planner II Fred Follstad, Associate Planner APPLICANT: IN -N -OUT Burgers LOCATION: 28368 Sand Canyon Road REQUEST: A conditional use permit request to allow for the development of a 54,343 square foot site with a fast food restaurant in the CC -PD (Community Commercial -Planned Development) Zone. The applicant is also requesting to construct a 100 foot tall freeway oriented sign on the parcel. BACKGROUND The property is presently developed with one single family house which is uninhabitable at this time. The site has an approved entitlement, Plot Plan 89-146 which allowed for a 28,000 square foot office building that was previously approved by the City Council. Under the County of Los Angeles, the project site was zoned C-3. Upon adoption of the Unified Development Code, the site's zoning was changed to Community Commercial - Planned Development overlay (CC -PD). The PD overlay requires the submittal of a conditional use permit for any site development. A fast food restaurant would only require a Minor Use Permit if the PD overlay was not applied to the site. PROJECT DESCRIPTION The applicant; is proposing to develop a 54,343 square foot parcel with a fast food restaurant and a drive through window. The site is located at 28368 Sand Canyon Road, between the existing ARCO gas station and the floodway limits for the Santa Clara River. The proposed facility would include a 2,790 square foot, one story building that would contain seating for 71 persons. Proposed access to the site is one driveway off of Sand Canyon Road. The applicant is proposing to construct 50 parking spaces to accommodate the project. In addition, the applicant is proposing to construct a 100 foot tall freeway oriented sign. Agenda Itemm Project grading would consist of 8,030 cubic yards of cut with the majority of the cut being taken off site to an undetermined location. Most of the earthwork is associated with the leveling of the project site to accommodate access to the proposed development. Project grading would not necessitate the altering of the Santa Clara River.. All utilities and services are available and would be extended by the applicant to serve the project. GENERAL PLAN DESIGNATION SURROUNDING LAND USE ZONING The site is presently zoned CC -PD (Community Commercial - Planned Development). The following table sets forth information as it pertains to the project site and surrounding areas, including planning categories, zoning, and land use designations: General Plan Zoning Land Use Project CC CC -PD Vacant House North CC CC -PD SR 14, 2 Gas Stations, Restaurant, Strip Commercial South RL RL Santa Clara River, Single Family Residential West CC CC -PD Commercial, Mobilehome Park East RL RL Santa Clara River, Vacant ENVIRONMENTAL STATUS As part of the project review, an environmental assessment was made to evaluate the impacts of the project. It was determined that the adverse environmental impacts could be avoided with mitigation measures. Subsequently, a draft mitigated negative declaration was prepared for the project. INTERDEPARTMENT/INTERAGENCY REVIEW The project has been distributed to the affected City Departments and agencies, and the Community Development Department has received comments and recommended conditions. Certain requirements and comments have been included as mitigation measures to environmental impacts. ANALYSIS Development Code Consistency The subject site has a Planned Development Overlay. The PD zone, in summary, was established in an effort to allow more flexibility in development design than is generally possible under conventional zoning regulations and to promote more economical and efficient use of land. Additionally, the PD zone requires the submittal of a conditional use permit for any proposed development project. OL The project site is separated from nearby residential uses by the Santa Clara River to the south. Single family homes on Lost Canyon Road are located as close as 700' from the project site. Due to the elevation of the subject parcel, the site can be seen by residents along Lost Canyon Road. Though the project will be visible to surrounding residential properties, staff believes that landscaping could minimize the site's visibility, To achieve this staff has included a recommended condition for the installation of increased landscape along the project's southeast property line. The applicant is requesting to install a 100 foot tall, 199 square foot freeway oriented sign in addition to an on-site monument sign, four 25 square foot wall signs, an order -board and small on-site directional signage: The UDC says a freeway oriented sign can be approved if the sign is oriented towards a freeway for a business engaged in the provision of food, lodging or automotive uses and is primarily dependent on said freeway. The existing signs for the freeway oriented businesses range from 50 feet tall to 125 feet tall and the respective sign area range from 120 to 576 square feet. The sign for the Denny's restaurant is comparable to the one proposed by the applicant. The Denny's sign is 200 square feet and 82 feet in height but is located at an elevation approximately 30 higher and 250 feet closer to the freeway, Staff believes that the sign would be consistent with those on adjacent sites. Circulation/Parking_ The applicant has submitted a traffic study in conjunction with the project. This study was not required by the City's Traffic Engineering Division, however one was 'requested by Caltrans for their review. The traffic study has been reviewed by the City's Traffic Engineering Section. The Traffic Engineering Division is requesting that the applicant provide roadway striping to allow for a two way left turn lane and the installation of no parking signs along the project's frontage. The comments received from Caltrans, who has jurisdiction over the intersections of the on and off -ramps of SR 14, requested that the applicant pay into a fund for district -wide traffic improvements. No traffic improvements were requested. To satisfy this request, the project would be required to pay Bridge and Thoroughfare fees. The PM peak hour traffic volumes are almost identical to what was approved for the office building (95 versus 105), the AM is significantly less since the restaurant is not open, but the average daily trips for the restaurant is significantly higher (1,840 versus 789). On the previous office building approval, the applicant was required to contribute, on a fair share basis, to a fund to widen existing bridges in the area. Since the previous approval was issued the City has increased the Bridge and Thoroughfare fees to be more in-line with the costs of the infrastructure improvements. Since this fee has more than doubled, staff believes that the fee is in line with the applicant's appropriate per-share obligation. The applicant is proposing to construct 50 parking spaces in conjunction with the project. The site plan conforms to the parking code. Based on comments received, staff is requesting that the applicant modify the site plan to include parking provisions for two recreational vehicles. The applicant has agreed to include this on the final site plan. Staff believes that the project would still comply with the Parking code requirements. The drive through feature of the project has been designed to provide a minimum of 220 feet of stacking distance. This would allow for as many as eleven vehicles. The required distance is 200 feet for a drive through. The applicant is providing a bicycle parking rack and could expand it once the Santa Clara River Trail is constructed in the area. 3 Additional Issues Staff has notified the Sand Canyon Homeowners Association regarding the proposal. Attached to this report is a copy of the agency response staff received from the association. In addition, staff has had verbal contact from the association expressing their opposition to the project. As of the time this report was prepared, staff had not received any public comments regarding the project. RECOMMENDATION Staff recommends that the Planning Commission: 1) Approve the Mitigated Negative Declaration prepared for the project, finding that the project will not have a significant effect upon the environment; and, 2) Adopt Resolution P94-18, approving Master Case 94-072 which consists of Conditional Use Permit 94-003, subject to the attached conditions of approval (Exhibit 'B"). LMH:FLF pingcomisrgC3-0)2.fM rRAFT CITY OF SANTA CLARITA NEGATIVE DECLARATION [ X ] Proposed [ ] Final PERMIT/PROJECT: Conditional Use Permit 94-003 APPLICANT: In -N -Out Burgers MASTER CASE NO.: 94-067 DESCRIPTION OF THE PROJECT: The applicant is proposing to develop a 1.25 acre site with a 2,790 square foot fast food restaurant (In -N -Out Burger). The project includes a total of 50 parking spaces with approximately 37% of the site being landscaped. The maximum height of the structure is 26'. The project site is located on Sand Canyon Road, adjacent to an existing ARCO gas station, and contains an abandoned single family residence. Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15065 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [ ] City Council [X] Planning Commission [ ] Director of Community Development finds that the project as proposed or revised will have no significant effect upon the environment, and that a Negative Declaration shall be adopted pursuant to Section 15070 of CEQ,A.. Mitigation measures for this project [ ] are not required. [ X ] are attached. I are not attached. LYNN M. HARRIS DIRECTOR OF CONITY DEVELOPMENT Prepared by: Glenn Adamick, Assistant Planner II ignature) Reviewed by: Fred Follstad, Associate Planner (Signature) /Y Fil sm 0 rlwi 1 4 SOLEDAD CANYON R00001"- Ogp FWY ANS FLOP o � Q ° JECT SANTA CLARA RIVER OTE z O Q LOST CANYON RD. U 0 z Q N � 1-5 CITY OF SANTA CLARITA Department of Community Development 23920 Valencia Boulevard, Suite 302 Santa Clarita, California 91355 (805) 255-4330 DEVELOPMENT REVIEW COMMITTEE AGENCY COMMENT SHEET [ ✓ ] REVIEW FOR COMPLETENESS CITY MASTER CASE NUMBER: 94-072 R'FCFIVED AUS 1 a 1994 C Y LFTSANTAC ARITA i [ ] REVIEW FOR PRE -DRC MEETING TYPE OF APPLICATION(s): Conditional Use Permit 94-003 PROJECT DESCRIPTION/LOCATION: Request to construct a 2,912 square foot fast food restaraunt and drive-thru. DATE APPLICATION WAS RECEIVED: 6/21194 DATE COMMENTS DUE: 7/28/94 Contact Person: Glenn Adamick Date: 7128/94 Notice is hereby given that this application has been filed with the Department of Community Development. Please review the attached maps/exhibits and return this sheet with your comments and/or recommendations by July 28. 1994 If we have not received a reply by this date, it shall be determined your agency will not be adversely impacted should this proposal subsequently be approved by the City. If you have no comments we still request you return this form as indicated below. PLEASE CHECK ✓ ONE: [ ] We have reviewed this project and have no comments at this time. [f See comments below/attached: ter to the rural environment flavor of the community. most of us like mo ss ror all types or venicles, if and other A. .rs e.g. ve signage, including height and the 11ght emanat Sand Canyon Homeowners Assoc. (signature) (agency) (d: curranNgency.dre Fraffic off inions were oetween boleaaa and Lost Cyn.—Rd. g f rom z 7/��� 3ol� Regarding the proposed IN AND OUT 9URGER restaurant and drive-th.r,_ on Sand. Canyon Road, CITY MASTER .CASE NUE2 ER 94-072 CONDITIONAL USE PERMIT 94-OCI The following residents of Sand. Canyon and nearby find this establl=,- ment unacceptable at the proposed location. The primary reasons for objection are: Traffic at this site is nearly unmanageable at present. This business will draw even core traffic off the. freeway onto the al- ready overburdened Sand Cyn. Rd., and result In sore congestion and confusion. Also since there is no provision on the restaurant proper- ty for -,big rigs" or vehicles towing others, these will be forced to turn around somewhere. on.Sand Cyn. }id.. or will need to use the Sand Cyn. -Lost Cyn. Intersection. This Is another highly congested .area, especially at the end of the school day at Sulphur Springs and the Pinecrest School and Daycare center. Finally, in this past year, there were j9 accidents on Sand Cyn. Rd., and 20 of those occ=e d between Soledad Rd. and Lost Canyon Rd. These'::residents do hereby_:netition the CITY OF SANTA CLARITA PLANNING COMMISSION to deny a recommendation for the -approval of this project. NAME ADDRESS PHONE I Regarding the proposed IN AND OUT BURGER restaurant and drive-t:^.ru. on Sand Canyon Road, CITY MASTER CASE NU-?ER 94-072 CONDITIONAL USE PERMIT 94-003 The .following residents of Sand Canyon and nearby find this establis^- ment unacceptableat the proposed location. The 'urinary reasons '7r objection are: Traffic at this site is nearly unmanageable ,t went. :his buslness will draw even core traffic off the. fro.eway onto t'^.e,al- ready overburdened Sand Cyn.. Rd., and result in more congestion and confusion. Also since there is no provision. on the .restaurant proper- ty for -'big rigs" or vehicles towing others, these will be forced to turn around somewhere on Sand Cyn, !{d. or will need to use the. Sand _;n.-Lost lyn. Intersection. This is another hilghly congested area, esneclally at the end of the school day .it .Sulphur Springs and the Pln.ecrest School. and Daycare center. Finally, In this oast year, there were 39 accidents on Sand Cyn. Rd., and 20 of thoseocc= d between Soledad Rd.. and Lost Canyon Rd. The.se:':residents do hereby_.netltion the CITY OF SANTA.CLARITA PLANNING COM6IISSICN to deny a recommendation for the'"approval of this project. NAME ADDRESS PHONE Regardinz the proocsed, IN AND. OLTP RJR07-2 restaurant an� dr_ly=-t;--, on Sand.. Canyon Road, CITY MASTER CASE NU[?EER 94-072 CON'DITICNAL U3E PERMIT 94-003 —' The following residents of Sand Canyon and nearby find thisesta-_lis meat. unaccentable at the. proposed Location. The orimary reasons f r objection are: Traffic at this site IF :.early unmanageab.e pr T'hls business will di -a w even more - r>!'fic oftri,. freeway Cro the al- ready'overburdened Sand Cyn. Rd.. and result. in more congestion and confusion. Also since there Is no provision on the restaurant proper- ty for "big rigs" or vehicles towing others, these will be forced to turn around somewhere on Sand Cyn. R2.. or willneed to use the Sand Cyn. -Lost Cyn. Intersection. Ihi:s is another1Dhly congested area, esceclally at the end of the school day ...t. .S31�hur. Sprin8s and the. Pinecrest School and Daycare center. Finally,. in thls Mast. year, there were 39 accidents on Sand Cyn. Rd., and 20 of those cccL= d between Soledad. Rd. and Lost Canyon Rd. These!zesidents do hereby_.netltlon the CITY OF SANTA CLA.RITA. PLANNING COMMISSION to deny a recommendation for tNa'approval of this project. NAME ADDRESS PHONE 0 0'" Regarding the proposed IN AND OUT BURGER restaurant anddrive-thru on Sand Canyon Road, CITY MASTER CASE NUMBER 94-072 CONDITIONAL USE PERMIT 94-003 U The following residents of Sand Canyon and nearby find this establish- ment unacceptable at the proposed location. The primary reasons for objection are: Traffic at this site is nearly unmanageable at present. This business will draw even more traffic off the freeway onto the al- ready overburdened Sand Cyn. Rd., andresult in more congestion and confusion. Also since there Is no provision on the restaurant proper- ty for "big rigs" or vehicles towing others, these will be forced to turn around somewhere on Sand Cyn. Rd, or will need to use the Sand Cyn.-Lost Cyn. Intersection. This Is another highly congested area, especially atthe end of the school day at Sulphur Springs and the Pinecrest School .and Daycare center. Finally. In this past year, there were 39 accidents on Sand Cyn. Rd., and 20 of those occ= d between Soledad nd. and Lost Canyon :?d. These 2resldents do hereby;: petition the CITY OF SANTA CLARITA PLANNING COMMISSION to deny a recommendation for th,*-approval of this project. NAME ADDRESS PHONE Regarding the proposed IN AND OUT BURGER restaurant and 9-•S ae-:!-^;. 1pn Sand. Canyon Road, CITY MASTER CASE NJ[•__R 94-072 _ i CONDITIONAL USE PERMIT 94-003 �-Tfi'e,fotiowing residents of Sand .Canyon and nearby find this esta is-'- ment?u.acceptable'at the proposed location. The primary reasons r objeo.gon arP)4 Traffic at this site is nearly.nm iaaeaole et e::-. This b�t sine ��s w l! a aw even more tt�ffic of: the fre,way onto t e 11 Pady nvle-1'uxdel -AIJ Cyn. Rd , bnl result in more congestion i confusinn.� Atso slnc'8O)there is no provision on the restaurantproper- ty for-^blg rigs,, or vehicles towing others, these will be forced to turn around somewhere on Sant,:.. Ito., or will need to use the Sand Cyn. -Lost Cyn: intersection. This Is another hIChly congestedarea, especially at:. the end of the .school day at Sulahur 5nring= and. -ne Pinecrest. School and Daycare center. Finally, In this past year, there were 39 accidents on Sand Cyn. Rd., and 20 of those occ'= d. between Soledad Rd. and .Lost Canyon Rd. These'::residents do hereby__ petition the CITY OF SANTACLARITA PLANNING COMMISSION to deny a recommendation for the approval of this prd1-ctr`t�,. NAME ADDRESS pwO - Regarding the proposed I" ANS CUT BURGER restaurant ar.d drive-t:nru on Sand Canyon Road, CITY MASTER CASE NUV3ER 94,072' CONDITICNAL USE PERMIT 94-003 The following residents. of Sanc Canyon and nearby find this estab.11sh- ment. unacceptable at. the proposed location. The orimary reasons _ . objection are: Traffic at this site is ne,,�rly .,nnariageable. .it p 4er_.. This business will draw even: more. traffic qff the freeway onto tr.e al- ready overburdened Sand Cyn. Rd:, and result In. more congestion and confusion. Also since there Is no provision on the restaurant proper- ty for "big rigs" or vehicles towing others, these will be forced to turn aroundsomewhere on Sand Cyn. RJ_ or will need. to use the Sand Cyn.. -Lost Cyn. intersection. This is annther highly congested area, esreclally at the end of the school day at. Sulphur Snrin�.s end. the Finecrest School and Daycare center.. Finally, In this past year, ',here :rere 39 accidents on Sand Cyn. Rd., and 20 of those occtAe d between Soledad Rd. and Lost Canyon Rd.. These. "residents do hereby_,netition the CITY OF SANTA CLARITA PLANNING COMMISSION to deny a_ recommendation for the -"approval of this project. NAME. ADDRESS PRONE Regarding the proposed IN AND OUT BURGER, restaurant and drive -t:^ on Sand Canyon Road, CITY MASTER CASE NUKBEF 94-C72 CONDITIONAL USE PER^'.IT 94-003 The following residents of Sand Canyon and nearby find this estatt:s:-- rentunaccentable at the proposed location. The oricary reasons .objection are: Traffic at this. site is nearly un^anageab e =t cre-e _. This business will draw even more traffic ofT the freeway ontorhe ready Overburdened Sand Cyn. Ra., and result in mcre congestion and confusion. Also since there is no orovlsion on the restaurant proper- ty for "big rigs or vehicles towing others, these will be forced to turn around somewhere on Sand, Cy_. !;,.., or will need to use the Sand Cyn. -Lost Cyn. intersection. This 1s smother hl�hly congested. Hrea, esprclally at the end of the schnol day at sujh-zr :—,r1 a -a t, -e Flnecrest School and Daycare center.. Finally, !^, this tart year, t'nere were 39 accidents on Sand Cyn. Rd., and 20 of those ecc`rr d between Soledad Rd. and Lost Canyon Rd. These: -.-residents do herep,v,netltion the CITY OF SANTA CLARITA PLANNING COMMISSION to deny a recommendation for the approval of this project. NAME ADDRESS Regarding the oro nosed IN AND OUT 3URGER restaurant arm drlve-t."..r-� on Sand Canyon Road, CITY MASTER CASE NVT EER 94-072 CCNDITIONAL USE PEK= 94-003 The following residents of Sand Canyon and nearby find this establls:.,�- Tent unacceptable at the proposed location. The urinary 'reasons C,�r objection are;. Traffic at this site is nearly un,aanagesble =t cresen-.. This 3uslness will draw even mare traf<ic of iC th `reeway :onto t^.e; a1- ready overburdened San.."-- Cyn. Hca.,and result. in more congesstion and confusion. Also since there is no provislon. on the restaurant procer- ty for "big rigs" or vehicles towing others, these, will be .forced to turn around somewhere- on Sand.. Cyn.. %d... or will need to use the Sand Cyn.-Lost Cyn. intersection. This is another h1-hly congested rhea, esceclally et the end of the school day at Sulohur Springs an^ t'ne Pinecre=_t School and Daycare center.. Finally, in this oast year, there were 39 accidents on Sand Cyn. Rd., and 20 of those occur d between Soledad Rd. and Lost. Canyon Rd. These::resldents do hereby�:netlt ion the CITY OF SANTA CLn RITA PLANNING COMMISSION to deny a recommendationfor the"approval of this project. NAME ADDRESS PHONE =o-=iing the proposed IN AND OUT BURGER restaurant and drive-th on Sand Canyon Road, CITY MASTER CASE NUMBER 94-072 ru CONDITIONAL. USE PERMIT 94_003 The following residents of Sand Canyon and nearby find this establish- mentunacceptable at the proposed. location. The primary reasons for objection are: Traffic at this site is nearly unmanageable at present. This business will draw even more traffic off the freeway onto the al- ready overburdened Sand Cyn. Rd., and result In more congestion and confusion. Also since there is no provision onthe restaurant proper- ty for 'big rigs-, or vehicles towing others, these will be forcedto turn around somewhere on Sand Cyn. Rd. orwill need to use the Sand Cyn. -Lost Cyn. intersection. This is another highly congested.. area, especially at the end of the school day at Sulphur Springs and the Plr,ecrest School and.. Daycare center. Finally, in this pastyear, there were 39 accidents on Band Cyn. Rd., and 20 of those occ= d between Soledad Rd'. and Lost Canyon Rd. These7:resldents do herebgpetition the CITY OF SA."7TA CLARITA PLANNING COMMI3SION to deny arecommendation for the -approval of this project. NAME ADDRESS Regarding the proposed IN AND OUT BURGER restaurant and drivi-thru on Sand Canyon Road, CITY MASTER CASE NUMBER 94-092 CONDITIONAL USE PERMIT 94-003 The following residents of Sand Canyon and nearby find this establish -- mentunacceptable at the proposed location. The primary reasons :"or objection area Traffic at this site is nearly unmanageable at present. This business will draw even more trafficoff the freeway onto the al- ready overburdened Sand Cyn. Rd., and result In more congestion and. confusion. Also since there is noprovlsion on the restaurant proper- ty for -big rigs" or vehicles towing others, these will be forced to turn around somewhere on Sand Cyn. Rd, or will need to use the Sand Cyn.-Lost Cyn. intersection. This is another highly congested area; esneclally at the end of the school day at Sulphur Springs and the Pinecrest School and Daycare center. Finally. In this past year, there were 39 accidents on Sand Cyn. Rd., and 20 of those ocot= d between Soledad Rd. and Lost Canyon Rd. These-.residents do herebypetition the CITY OF SANTA CLARITA. .PLANNING COMMISSION to deny arecommendation for tht-approval of this project. NAME ADDRESS PHONE a Regarding the proposed IN AND CUT BURGER restaurantand drive -t: ^r•:. on Sand Canyon Road, CITY MASTER CASE NUMBER 94-072 CONDITIONAL USE PERMIT 94-003 The following. residents of. Sand Canyon and nearby find this establis'n- went unacceptable at the proposed location. The primary reasons for objection are: Traffic at this site is nearly unmanageable i at pressent:. This business willdraw even more traffic off the. freeway onto the al- ready overburdened Sand Cyn. Rd., and .result in more congestion and confusion. Also since there. is no provision on the restaurant proper- ty for "big rigs" or vehicles towingothers,these will be forced to turn around somewhere on Sand. Cyn. Hd•. or will need to use the Sand Cyn. -Lost. 'Cyn. intersection. This is another hIZhly congestedarea.. especially at the end of theschoolday at Sulphur Springs and the Finecrest School and Daycare center. Finally, in this past: year, there were 39 .accidents on 'Sand Cyn. Rd., and 20 of those occ= d between: Soledad Rd. and Lost Canyon Rd. These'":residents do hereb�-ne,tltlon the CITY OF SANTA CLARITA. PLANNING COMMISSION to deny a'recommendation for the approval of this project. .. NAME ADDRESS PHONE Regarding the proposed IN AND OUT BURGER restaurant and drive-thru on Sand Canyon Road, CITY MASTER CASE NUMBER 94-072 CONDITIONAL USE PERMIT 94-003 The following residents of Sand Canyon and nearby find this establish- ment unacceptable at the proposed location. The primary reasons for Objection are; Traffic at this site Is nearly unmanageable at present. This business will draw even more traffic off the freeway onto the al- ready overburdened Sand Cyn. Rd., and result In more congestion and confusion. Also since there is no provision on the restaurant proper- ty for "big rigs" or vehicles towing others, these will be forced to turn around somewhere on Sand Cyn. Rd. or will need to use the Sand Cyn. -Lost Cyn. Intersection. This Is another highly congested area, especially at the end of the school. day at Sulphur Springs and the Pinecrest School and Daycare center. Finally, in this past year, there were 39. accidents on Sand Cyn. Rd., and 20 of those acct= d. between Soledad Rd. and Lost Canyon Rd. These:7residents do hereb_3L.petitlon the CITY OF SANTA CLARITA PLANNING COMMISSION to deny a recommendation for the -approval of this project. NAME ADDRESS PHONE Regarding the proposed IN AND OUT BURGER restaurant and drive-tltru on Sand Canyon Road, CITY MASTER CASE NUMBER 94-072 CCNOITICNAL USE PER^IIT '94-003 The following residents of Sand Canyon and nearby find this establish.- Ment unacceptableatthe proposed location. The primary reasons for objection are: .Traffic at this site is nearly unmanageable at present: This business will draw even more. traffic off the freeway onto the al- ready overburdened Sand. Cyn. Rd.., and resultin more congestion and confusion. Also since there Is no provision on"the restaurant proper- ty for --big rigs" or vehicles towing others, these will be forced to turn around somewhere on Sand Cyn. kd.., orwillneed to use th.e. Sand. Cyn. -Lost Cyn. Intersection. This. Is another highly congested area.: especially at the end of the school day at Sulnhur Springs and the P.Snecrest School and. Daycare center. Finally,. In this past year, there were 39 accidents on Sand Cyn. Rd..., and .20.of those occL]= d,'between Soledad Rd, and. Lost Canyon Rd. Thesel::resldents 'do hereby_.petitlan the CITY OF SANTA CLARITA. PLANNING COMMISSION to deny -a recommendation for the`aporoval. of this project. NAME ADDRESS PHONE Regarding the proposed IN AND OUT BURGER restaurant and drive-thru on Sand Canyon Road, CITY MASTER CASE NUMBER 94-072 CONDITIONAL USE PERMIT 94-007 The following residents of Sand Canyon and nearby find this establish- ment unacceptable at the proposed location. The primary reasons for objection are: Traffic at this site Is nearly unmanageable -at present. This business will draw even more traffic off the freeway onto the al- ready overburdened Sand Cyn. Rd., and result in more congestion and confusion. Also since there is no provision on the restaurant proper- ty for "big rigsl- or vehicles towing others. these will be forced to turn around somewhere on Sand Cya. Rd. or will need to use the Sand Cyn. -Lost Cyn. intersection. This is another highly congested area. especially at the and of the school day at Sulphur Springs and the Pinecrest School and Daycare center. Finally, In this past year, there were 39 accidents on Sand Cyn. Rd., and 20 of those occ= d between Soledad Rd. and Lost Canyon Rd. These7esidents do herebg.petitlon the CITY OF SANTA CLARITA PLANNING COMMISSION to deny a recommendation for th6"approval of this project. NAME ADDRESS PHONE Regarding the proposed IN AND OUT BURGER restaurant and drive-thru on Sand Canyon Road, CITY MASTER CASE NUMBER 94-072 CONDITIONAL USE PERMIT 94-oo3 The following residents of Sand Canyon and nearby find this establish- ment unacceptable at the proposed location. The primary reasons for obJectlon are, Traffic at this site is nearly unmanageable at present. This business will draw even more traffic off the freeway onto the al- ready overburdened Sand Cyn. Rd., and result in more congestion and confusion. Also since there is no provision on the restaurant proper- ty for "big rigs" or vehicles towing others, these will be forced to turn around somewhere on Sand Cyn. Rd. or will need to use the Sand Cyn. -Lost Cyn. intersection. This Is another highly congested area, especially at the end of the school day at Sulphur Springs and. the Plnecrest School and Daycare center. Finally, in this past year, there were 39 accidents on Sand Cyn. Rd., and 20 of those ace= d between Soledad Rd, and Lost Canyon Ed. The'se'.-residents do herebypetltion the CITY OF SANTA CLARITA PLANNING COMMISSION to deny a recommendation for thd-approval of this project. NAME ADDRESS PHONE Regarding the proposed IN AND OUT BURGER restaurant and drive-thru on Sand Canyon Road. CITY MASTER CASE NUMBER 94-072 CONDITIONAL USE PERMIT 94-003 The following residents of Sand Canyon and nearby find this establish- ment unacceptable at the proposed location. The primary reasons for objection are: Traffic at this site is nearly unmanageable at present. This business will draw even more traffic off the freeway onto the al- ready overburdened Sand Cyn. Rd., and result in more congestion and confusion. Also since there is no provision on the restaurant proper- ty for -,big rigs" or vehicles towing others, these will be forced to turn around somewhere on Sand Cyn. Rd. or will need to use the Sand Cyn. -Lost .Cyn. Intersection. This is another highly congested area, especially at the end of the school day at Sulphur Springs and the Pinecrest School and Daycare center. Finally, in this past year. there were 39 accidents on Sand Cyn. Rd., and 20 of those occ= d between Soledad Rd. and Lost Canyon Rd. The'se"Zesldents do herebgpetltlon the CITY OF SANTA CLARITA PLANNING COMMISSION to deny a recommendation for the -approval of this project. NAME ADDRESS .PHONE i?1�3 November 1, 1994 Ms. Donna Grindey City Clerk City of Santa Clarita 23920 Valencia Boulevard Suite 300 Santa Clarita, CA 91355 RE: APPEAL OF MASTER CASE 94-072 CONDITIONAL USE PERMIT 94-003 IN -N -OUT BURGER 28368 SAND CANYON ROAD Dear Ms. Grindey: I wish to appeal the Planning Commission's approval of the above referenced project to the City Council. The Planning Commission rendered their decision on October 18, 1994. My reason for this appeal is based upon input I have received from constituents residing in the area surrounding the project. Their comments have been related to the project's traffic impacts on the area's circulation system. I am requesting that the item be scheduled for a Council meeting as soon as possible, where the Council can consider the facts and public testimony and overrule the Planning Commission's decision of approval. Sincerely, 4zt-l-- nHeidt ouncilmember in view of a5 . be V. that boli. I be I as �in y § of ,I the trial lof an .,act for the direct exception f the on such co tracts of the act that, lot legislation, the PRELIMINARY PROVISIONS § 12 One char with felony cannot com- on special holidays in void; for, if the law plain because is case is set down for a providing fdr special holidays is void, the trial on a day -tared by the governor a proclamation declaring a day a special special holiday, a er Act Nov. 23, 1907, holiday is without force. Risser v. Supe - on the theory that t legislature can only rior Court of County of Sacram o provide for a general h iday, and that the (1907) 93 P. M, 152 C. 531, provision that the superi courts may act § 11. Certified mail; Hance with ma' ' provisions Wherever any notice or oth comm tion is required by this code to be mailed by registered mal r to any person or corpora - 1` tion, the mailing of such notice or communication by certified g, ` mail shall be deemed to be a s lcient co liance with the require - ,n ments of law. (Added by Stats.1959, c. P. 2364, § 2.) Htstorlcal Note Former ¢ I added by Stats.1959, C. Original g 11; enacted in 1872, a dad 233 ¢ 2, containing Provision by. Code Am.1873-74, C. 3&. P. , identical p - s identical Stat, co 9, c. 426, o 2361, State.1909, c. 29, p. 22, relating to holi- § 2, w repealed by Stats.1961, c. 72, p. days falling on Sunday, was repealed by w` . 104 1.. Stats.1925, c. 93, p.. 225, $ 2. The subject matter is now covered by Government Code ¢ 6701. Cross References Notices in general, registered mail, see ¢ 1020. Library References Notice 8-10.: C.J.S. Notice 118. § 12.` Computation of time COMPUTATION OF TIME. The time in which any act provided by law is to be done is computed by excluding the first day, and includ- ing the last, unless the last day is a holiday, and then it is also ex- cluded. (Enacted 1872.) Code Commissioners' Notes Price vs. Whitman, 8 Cal., p. 412; Iron Mountain Company vs. Haight, 39 Cal., p. 540; Soldiers' Voting Bill, 45 N.H. p. 612, A day is not to be considered a unit to the prejudice of the rights of a party, and an examination may be had as to the very point of time when the act was done.—Craig vs. Godfrey, 1 Cal., p. 415; People vs. Campbell, 1 Cal., p. 406. Whenever time becomes important, Courts will inquire into a day, or even a fractional portion of a day. —People vs. Beatty, 14 Cal., p. 566. 23 23920 Valencia Blvd. Suite 300 Santa Clarita California 91355 -2196 City Of Santa Clarita Phone (805)259-2489 Fax (805) 259-8125 Should you have any questions, please feel free to call my office. Sin rely, onna M. Grindey, CMC City Clerk comae jsn-dmg PRINTED ON RECYCLED PAPER November 3, 1994 George Pederson Councilmember Janice Heidt Mayor 26534 Josel Drive Joanne Darcy Santa Clarita, Ca. 91351 Mayor Pro Tem Carl Boyer Dear Jan; Councilmember Jan Heidt This letter is to inform you that I am in receipt of your appeal letter dated Councilmember November 1, 1994.. Theappeal letter was received on November 2, 1994, 15 days following the decision of the Planning Commission of October 18, 1994 on Hamilton C. Smyth Councilmember Master Case 94-072 (In -N -Out Burger). The public hearing will be published 21 days before the Council meeting. The appeal will be heard by the City Council on December 13, 1994. Should you have any questions, please feel free to call my office. Sin rely, onna M. Grindey, CMC City Clerk comae jsn-dmg PRINTED ON RECYCLED PAPER