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HomeMy WebLinkAbout1995-02-28 - RESOLUTIONS - CUP 94-003 MC 94-072 (2)RESOLUTION NO. 95-24 A RESOLUTION OF THE CITY COUNCIL 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 28365 SAND CANYON ROAD IN THE COMMUNITY COMMERCIAL -PLANNED DEVELOPMENT ZONE (MASTER CASE NO. 94-072) 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. 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 Clarity Development Review Committee met and supplied the applicant with draft Conditions of Approval. e. A vacant house is located on the site. f. 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 zone is intended for retailing and service uses of a community wide nature. The PD overlay requires the submittal of a conditional use permit for any development of the site. h. The project proposes one driveway from Sand Canyon Road. The applicant is requesting a 100 foot tall freeway oriented pylon sign. RESOLUTION P95-24 PAGE 2 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. At this meeting, the Commission adopted Resolution P94-18, approving the project by a vote of 5-0, subject to the modified conditions of approval. The Commission added modifications related to traffic/circulation and site landscaping. k. The Planning Commission's approval was subsequently appealed by Jan Heidt. 1. A duly noticed public hearing was held by the City Council on December 13, 1994, at 6:30 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this meeting, the Council continued the item to the meeting of January 24, 1995, directing staff to analyze the traffic situation in the project area (from the project site to SR 14) and provide recommended mitigation measures to improve traffic flow and safety. The Council closed the public hearing at this meeting. M. At the Council meeting of January 24, 1995, the Council did not hear the item, continuing it to the meeting of February 14, 1995. In continuing the item, Council directed staff to re -advertise the item as a public hearing. n. A duly noticed public hearing was held by the City Council on February 14, 1995, at 6:30 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this meeting, the Council approved the project by a vote of 3-1-1, directing staff to prepare a resolution and conditions of approval for the Council's consideration at the February 28, 1995, meeting. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the City Council and on its behalf, the City Council further finds as follows: a. At the hearings conducted on the project, the City Council considered the agenda reports prepared, received public testimony, and reviewed all correspondence on the proposal. b. The City's General Plan designation is CC (Community Commercial). The project site is zoned CC -PD (Community Commercial - Planned Development). C. Based upon review of the submitted plan and the addition of the traffic mitigation plan, the subject property is suitable for the type of development proposed because the project is consistent with the City's General Plan and '— conforms to the requirements of the City's Unified Development Code. 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. RESOLUTION P95-24 PAGE 3 d. The project will not have a significant effect on the environment. A 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 City Council 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. Additionally, the applicant is required to construct improvements, per the mitigation plan, that are expected to improve traffic flow and safety in the immediate area. b. 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 City Council hereby approves Master Case 94-072 (Conditional Use Permit 94-003) subject to the attached Conditions of Approval and the approved Traffic Mitigation Plan. This approval allows for the construction of a 2,790 square foot restaurant with a drive through window, associated parking, and a 100 foot tall freeway oriented sign. PASSED, APPROVED AND ADOPTED this 28th day of February 19 95. YOR ATTEST: CCLERK RESOLUTION P95-24 PAGE 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 28th day of February 199-5— by the following vote of Council: AYES: COUNCILMEMBERS: Boyer, Neidt, Smyth, Pederson, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None I TY CLERK ' CONDITIONS OF APPROVAL MASTER CASE NO. 94-072 CONDITIONAL USE PERMIT 94-003 GENERAL CONDITIONS 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. 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 may be imposed pursuant to such codes and ordinances. MASTER CASE NUMBER 94-072 RESOLUTION NO. 95-24 PAGE 2 The property shall be developed and maintained in conformance with the approvals granted by the City. Modifications shall not be permitted unless approved 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. 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 NO. 95-24 PAGE 3 16. The applicant shall place above -ground utilities outside sidewalks and 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 necessary to 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 NO. 95-24 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. 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 the sky and 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. MASTER CASE NUMBER 94-072 RESOLUTION NO. 95-24 PAGE 5 35. The applicant shall comply with all Building and Safety, and Engineering Division 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 and CALTRANS, the applicant may be required to post signage restricting vehicles over a certain weight from exiting at the Sand Canyon off - ramps. MASTER CASE NUMBER 94-072 RESOLUTION NO. 95-24 PAGE 6 CITY COUNCIL CONDITION 45. The applicant shall be responsible for constructing all of the traffic circulation improvements shown on Exhibit "C" (Traffic Mitigation Plan). These improvements shall be completed to the satisfaction of the City Traffic Engineer and in place prior to occupancy. FLF cvrrent\mc94092cflf