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HomeMy WebLinkAbout1995-01-10 - RESOLUTIONS - MC 92-088 CHURCH OPERATION (2)RESOLUTION NO. 95-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING CONDITIONAL USE PERMIT 92-002 TO ALLOW FOR THE CONTINUED OPERATION OF A CHURCH IN A RESIDENTIAL SUBURBAN (RS) ZONE FOR THE PRAT°)ARTY LOCATED AT 22603 13TH STREET (MASTER CASE NO. 92-088) 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 a Conditional Use Permit was filed on May 20, 1992, by the EI Bueno Samaritano Foursquare Church (the "applicant"). The property for which this entitlement has been filed is located at 22603 13th Street (Assessor Parcel Numbers 2855-017-018). The project site is zoned Residential Suburban. b. The applicant has filed a Conditional Use Permit application to allow for the continuation of a church use. The church has been in continuous operation on this property since 1941. C. A building permit was obtained for a 975 square foot structure in 1936. The structure was originally used as a house and then converted to a church in 1941 at which time the zoning of the property was M-3 (Unclassified) which allowed the church as a permitted use. In 1956, the church expanded by constructing a second structure (approximately 2,750 square feet) to accommodate larger congregations. In 1957, the zoning of the property changed to R-2 (Two Family Residence Zone) which required a conditional use permit for the church. The County Of Los Angeles allowed the continuation of the church under a 35 year amortization program which expired on June 4, 1992. d. Access to the site is from 13th Street and Spruce Street. e. The surrounding land uses are residential. f. A public hearing was held by the Planning Commission on October 20, 1992, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. g. At this hearing, the Commission continued the item and directed staff to mediate between the church and the surrounding residents to develop conditions of approval to mitigate the concerns cited at the hearing. R.ESO NO. 95-03 Page 2 h. On October 28, 1992, staff facilitated a meeting between representatives of the church and residents surrounding the property to discuss the concerns cited at the October 20, 1992, hearing. Concerns included noise and parking. i. A public hearing was held by the Planning Commission on December 1, 1992, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. j. At this hearing, the Commission approved Temporary Use Permit 92-012, granting the continued use of the church until October 1, 1993. The Commission's reason for approving a Temporary Use Permit, rather than a Conditional Use Permit, was to allow staff time in which to monitor the use to ensure compliance with the conditions. k. At the public hearing of December 15, 1992, the Commission approved Resolution P92-40, formally approving Temporary Use Permit 92-012. 1. A public hearing was held by the Planning Commission on October 5, 1993, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. In. At this public hearing the Planning Commission received testimony on the proposed project and directed staff to return to the Commission with a resolution extending the Temporary Use Permit. In lieu of approving a conditional use permit, the Commission extended the temporary use permit due to conflicts in testimony from surrounding residents and the applicant. n. On October 19, 1993, the Planning Commission approved Resolution P93-24 which extended the expiration of the Temporary Use Permit to October 1, 1994. o. A public hearing was held by the Planning Commission on October 18, 1994, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. At this meeting the Commission granted a six month extension to the temporary use permit. The Commission acted on the temporary use permit, rather than the conditional use permit, due to conflicts in testimony between staff and the surrounding residents. During this six month period, the Commission directed staff to continue to monitor the church for compliance with the conditions. The Commission added that if staff observed a violation of any of the conditions the temporary use permit would be suspended and a revocation hearing would be scheduled before the Planning Commission. P. On November 7, 1994, the applicant appealed Master Case 92-088, specifically the Commission's decision to not act on Conditional Use Permit 92-002. The appeal is based upon the applicant's belief that the church has complied with all of the conditions of the temporary use permit and that therefore a conditional use permit should be granted. RESO NO. 95-03 Page 3 q. A duly noticed public hearing was held by the City Council on December 13, 1994, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon the study and investigation made by the City Council and on its behalf, the Council further finds as follows: a. At the hearing of December 13, 1994, the City Council considered the staff report prepared for this project and received testimony on this proposal. b. The City's General Plan designation for the project site is Residential Suburban (RS). The project is consistent with this designation with the inclusion of a Conditional Use Permit. c. The location, size, design, and operating characteristics of the use is in accordance with the purpose of the Unified Development Code, the purpose of the zone in which it is located, the Santa Clarita General Plan, and development policies and standards of the City. A church is permitted in the RS zone provided that a conditional use permit is obtained. -- d. The location, size, design, and operating characteristics of the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: a. Harmony in scale, bulk, coverage, and density; b. The availability of public facilities, services, and utilities; C. The harmful effect, if any, upon desirable neighborhood character; d. The generation of traffic and the capacity and physical character of surrounding streets; e. The suitability of the site for the type of use; f. The harmful effect, if any, upon environmental quality and natural resources. e. The location, size, design, and operating characteristics of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Conditions have been applied to the approval providing for the integration of the use with the surrounding residential uses. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: a. The existing project is compatible with existing development in the area, is consistent with the City's General Plan, and complies with the standards of the RS zone with the inclusion of a Conditional Use Permit. The applicant has RESO NO. 95-03 Page 4 substantiated the required findings for the granting of a Conditional Use Permit to allow for the continuation of the use provided that certain conditions of approval apply to the use. Conditions include the continued monitoring of the church and an expiration date of the conditional use permit (January 10, 2005). b. The proposal is statutorily exempt from the provisions of the California Environmental Quality Act under Section 15301, 15321, and 15323 pertaining to the operation of existing structures. C. Pursuant to Government Code Section 65907 and Code of Civil Procedure Section 1094.6, any action or proceeding to attach, review, set aside, void or annul this decision, or concerning any of the proceedings, acts, or determinations taken, done or made prior to such decision or to determine the reasonableness, legality or validity of any condition attached to this decision shall not be maintained by any person unless the action or proceeding is commenced within 90 days of the date of this resolution and the City Council is served within 120 days of the date of this resolution. The City Clerk shall send a certified copy of this resolution to the applicant, and if any, the appellant at the address set forth in the record of proceedings and such mailing shall constitute the notice required by Code of Civil Procedure Section 1094.6. SECTION 4. The City Council hereby approves Master Case 92-088 (Conditional Use Permit 92-002) to allow for the continued operation of a church in a Residential Suburban (RS) zone subject to the attached conditions of approval. The Council also directed staff to monitor the church for the first six months and provide a written report detailing the church's compliance with the conditions. This review shall continue for subsequent six month periods. If any condition of this grant is violated, a public hearing shall be scheduled to consider revocation of the conditional use permit. The revocation proceedings shall be pursuant to the requirements of the City's Unified Development Code. PASSED, APPROVED AND ADOPTED this 10thday of January 19 95 ------- LGy�Z� moi/ ,/MAYOR ATTEST: CLERK R.ESO NO. 95-03 Page 5 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 10th day of January 19-9,rL by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: GEA Boyer, Heidt, Smyth, Pederson, Darcy None None ITY CLERK EXHIBIT "B" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 92-002 GENERAL CONDITIONS 1. The approval of this Conditional Use Permit shall expire if not put into use within two years from the date of conditional approval. 2. The applicant may file for an extension of the conditionally approved Conditional Use Permit prior to the date of expiration, for a period of time not to exceed one year. 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 Permit 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 entitlement is approved by the applicant. 5. Details shown on the Conditional Use Permit are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City policies must be specifically approved. FIRE DEPAR4A8NT 6. The applicant shall comply with all regulations and requirements of the Fire Department. ENGINEERING 7. The applicant shall provide backfill approvals for an on-site septic tank and cesspool. S. The applicant shall install sidewalk improvements to the street frontage adjacent to the parcel on 13th Street and Spruce Street according to plans and specifications approved by the City Engineer. The applicant may defer this obligation for a period of no more than five years from the date of approval if the applicant agrees that he Reso No. 95-03 .—. Page 2 will not protest or contest, and will participate in, any funding mechanism, including, but not limited to, an assessment district, which the City Council may utilize in funding the construction or acquisition of sidewalk improvements within the Newhall area, as the City Council, in its sole discretion, deems appropriate. 9. The applicant shall submit an irrevocable offer of dedication for an additional five feet from the centerline of the alley along the northern property line to the satisfaction of the City Engineer. PARKS AND RECREATION 10. The applicant shall install street trees to the satisfaction of the Director of Parks and Recreation. PLANNING DIVISION 11. Hours of services shall not exceed 9:00 p.m. The congregation shall disperse by 9:30 p.m. 12. This permit shall be in effect until January 10, 2005. Continued operation of this use, after this date, shall be subject to further review by the City. 13. During operation of the use, members of the church, as required, shall be provided to supervise parking. The applicant shall insure that there is no on -street parking situated in front of the surrounding driveways. 14. The applicant shall be responsible for the closure of all entrances into the site following the termination of all services in order to discourage trespassing and loitering. 15. 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 privileges granted hereunder shall lapse pending a revocation hearing pursuant to the City's Unified Development Code. 16. The a t shall agree to participate in any meetings between the City and/or its rep =surrounding property owners in an effort to establish a working r between all involved parties. During the next six months the facility shall' " ' ' to frequent inspections to ensure compliance with all of the conditions of approval. During the six month period, the City Council retains full discretion to reconsider the item for non-compliance with the conditions or failure of the church and surrounding property owners to remedy conflicts. If reconsidered, the item shall be scheduled as a public hearing before the City Council. Regardless of the above, City staff will return to the Council in six months with a report regarding the church's compliance with the conditions and the efforts made with the surrounding residents. 17. That all requirements of the Zoning Ordinance and the specific zoning of the subject property must be complied with unless set forth in the permit or shown on the approved plot plan. Reso No. 95-03 Page 3 18. The applicant must sign the attached notarized affidavit to confirm the acceptance of these conditions. The notarized affidavit then must be returned to the Department of Community Development before approval is granted. 19. The applicant agrees to develop/upgrade the property in conformance with the City Code and other appropriate ordinances such as the Building Code, Plumbing Code, Mechanical Code, Zoning Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed pursuant to such does and ordinances. 20. The building layout shall substantially conform to the exhibit submitted to the Community Development Department and presented to the Planning Commission. 21. This grant shall be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed, with the Director of Community Development, their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. 22. The property shall be developed and maintained in substantial conformance with the Conditional Use Permit (Exhibit A). 23. The noise levels of operation shall not exceed all applicable City Codes. Currently, the maximum during day time hours (7 a.m. to 9 p.m.) is 65 decibels and during night time hours (9 p.m. to 7 a.m.) is 55 decibels.