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HomeMy WebLinkAbout2001-11-27 - RESOLUTIONS - SOLEDAD ENTERTAINMENT PARKING (2)RESOLUTION NO O1-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING VARIANCE O1-003 REQUESTING TO ALLOW FOR A 27 PERCENT REDUCTION IN PARKING REQUIRED AT THE SOLEDAD ENTERTAINMENT CENTER LOCATED AT 18800 SOLEDAD CANYON ROAD (MASTER CASE NO. 01-207) THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: FINDINGS OF FACT. The City Council of the City of Santa Clarita (hereafter "City") hereby makes the following findings of fact: A. An application for a variance was filed on June 7, 2001 by Morlin Management Corporation (the "applicant") with the Planning and Building Services Department which includes Variance 01-003. This project was deemed complete on June 22, 2001 which included the following requests: a 27 percent variance from the required parking standard. B. The site is located at 18800 Soledad Canyon Road, east of the Luther Drive, Soledad Canyon Road intersection. The Assessor's Parcel Number for the Ij 9.13 -acre parcel is 2803-029-179. C. The project site is the existing Soledad Entertainment Center and is located in the Community Commercial — Planned Development overlay (CC -PD) zone. D. The surrounding land uses include commerciallretail to the north, multi- family residential to the south, multi -family residential, a church, and commercial to the west, and single-family residential to the east of the proposed project site. E. The Planning Commission held a duly noticed public hearing on this issue on September 18, 2001 and continued the public hearing to the October 16, 2001 meeting. The public hearing was held at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita. F. Public participation and notification requirements pursuant to Sections 65090, 65391, and 65854 of the Government Code of the State of California were duly followed. G. At the hearing on October 16, 2001, the Planning Commission considered staff presentations, staff reports, applicant presentations, and public testimony on the proposal. The Planning Commission voted 5-0 on the (, project resulting in approval of the Variance and the Conditions of Approval. H. On October 25, 2001, the applicant submitted a letter of appeal for Variance O1-003 and the Conditions of Approval. The applicant specifically appealed condition PL7 of the Conditions of Approval. I. A public hearing was duly noticed for the City Council meeting of November 27, 2001 which was held at 6:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA. During this meeting, the City Council received the staff report and public testimony on the project. J. The application was heard before the City Council on November 27, 2001. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the above findings of fact, and upon studies and investigations made on behalf of the City Council, the City Council further finds the following California Environmental Quality Act findings: A. A Notice of Exemption for this project has been prepared in compliance with the California Environmental Quality Act (CEQA); and, B. The Notice of Exemption was prepared as a Class 1 exemption from the California Environmental Quality Act (CEQA) because it is an existing facility, (Article 19. Categorical Exemptions, Section 15301). There is no new construction proposed with the proposed application; and, C. The Notice of Exemption reflects the independent judgement of the City of Santa Clarita; and, D. The Planning Commission, based upon the findings set forth above, hereby finds the Notice of Exemption for this project has been prepared in compliance with CEQA. VARIANCE FINDINGS. In making its determination regarding the variance application, the City Council has considered certain principles and standards, and finds and determines as follows: A. That, because of special circumstances applicable to the property, (size, shape, topography, location or surroundings) or the intended use of the property, the strict application of the Development Code deprives the property or privileges enjoyed by other properties in the vicinity under identical zoning classifications; The project site is limited since it is developed and is surrounded by developed land. There is no parking allowed along Luther Drive and there are no other viable options existing for the center to be able to meet the parking required. B. That granting a variance or adjustment is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance or adjustment is sought; The center has six tenant spaces vacant that cannot be leased by the management company until a variance to the parking standards is granted. A 27 percent parking variance would require the center to provide a total of 632 spaces. The center has a total of 633 parking spaces, 592 parking spaces on site and 41 parking spaces off site. C. That granting a variance or adjustment will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; The commercial center is located adjacent to existing commercial and residential uses. With approval of a 27 percent variance of the parking requirements and the proposed conditions of approval, there will be a more adequate number of parking spaces available in the center. The proposed variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property improvements in such vicinity and zone in which the property is located. D. That granting of this variance or adjustment does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; The commercial center is required to meet all development standards, setbacks, and screening and is therefore not being granted a special privilege that is not required of other properties in the vicinity. E. That granting of this variance or adjustment does not allow a use or activity which is prohibited by the zoning regulation governing the parcel of the property, The use of commercial center is permitted in the CC — PD (Community Commercial — Planned Development) zone with the approval of a Conditional Use Permit, which was granted with the project's approval in 1996. Adequate parking is required for all developments within the City of Santa Clarita. The proposed variance of 27 percent and the condition requiring an additional 60 spaces to be secured off-site will help to provide an adequate number of parking spaces for the center. F. That granting the variance or adjustment will not be inconsistent with the City of Santa Clarita General Plan; Variances and adjustments from the development standards of the Unified Development Code are permitted with the approval of the Director of Planning and Building Services and/or Planning Commission; therefore, the granting of this requested variance is consistent with the General Plan. G. That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of the sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation; The commercial center has been open for several years and with the proposed �,,� conditions of approval, the introduction of new tenants over time will not generate and increase present or anticipated future traffic volumes that will require strict or literal interpretation and enforcement of the specified regulations. H. That granting of the variance or adjustment will not result in the parking or loading of vehicles on public streets in such a manner -as to interfere with the free flow o€traffic on the streets; Parking is prohibited along Luther Drive and Soledad Canyon Road. Therefore, the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Clarita, California, as follows: SECTION 1. The City Clerk shall certify to the adoption of this Resolution SECTION 2. The City Council hereby approves Variance 01-003 subject to the conditions of approval attached as Exhibit D. PASSED, APPROVED AND ADOPTED this 27' day ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, 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 27'h day of November 2001, by the following vote of the Council: AYES: COUNCILMEMBERS: Darcy, Kellar, Ferry, Smyth, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None �/� S�A�`J (�--O' A ,A-V. " CITY CLERK S:\PBS\CURRENT\12001101-807\—i-d.dlr..01.207.dm Exhibit "D" CONDITIONS OF APPROVAL GENERAL CONDITIONS GC1. The approval of Master Case 01-207, which consists of Variance 01- 003 for the existing Soledad Entertainment Center, shall expire two years from the date of conditional approval if the use is not established, however the applicant may obtain additional time with approval of an extension. GC2. 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. GC3. The applicant shall be responsible for notifying the Director of Planning and Building Services, in writing, of any change in ownership, designation of a new engineer, or change in the status of the developer, within 30 days of said change. GC4. 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, or 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 attached, set aside, void, or annul the approval of this Project by the City, which action is provided 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 of the following occur: 1) the City bears its own attorney's 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. GCS. 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. GC6. The applicant and property owner shall comply with all inspection requirements as deemed necessary by the City of Santa Clarita. GC7. The owner at the time of issuance of permits or other grants of approval agrees to develop the property in accordance with City codes and other appropriate ordinances such as the Building Code, Plumbing .Code, Grading Code, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Sanitary Sewer and Industrial Waste Ordinance, and Electrical Ordinance. GCB. The applicant shall accept the Storm Drainage Fee established by the City of Santa Clarita required by Government Code Section 66018 and City Ordinance 94-7, establishing storm drainage activity of the City as a utility enterprise. GC9. This grant shall not 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 Planning and Building Services, their affidavit stating that they are aware of, and agree to accept, all the conditions of this grant. PLANNING DIVISION PL1. It is hereby 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 City may commence proceedings to revoke this approval. PL2. All mitigation measures and conditions of approval for the project shall be complied with to the satisfaction of the Director of Planning and Building Services. PL3. Restaurants located in the Soledad Entertainment Center shall be limited to a total maximum number of 614 seats. The City of Santa Clarita Building and Safety department will red mark the center in their database indicating that the center's restaurants are limited to a total maximum number of 614 seats. No other parking intensive uses are permitted without prior approval of the Director of Planning and Building Services. Parking intensive uses shall include but are not limited to restaurants, medical/dental offices, instructional schools, religious facilities, day care facilities, entertainment and assembly areas, and health clubs. PL4. All special events (i.e. Classic car show, farmer's market, art shows, grand opening events) shall only be permitted if scheduled on an "off- peak" day or night (Sunday through Thursday), subject to the approval of the Director of Planning and Building Services. For special events scheduled for peak days or nights, the applicant is required to secure off-site parking spaces equal to the parking spaces displaced at the project site, subject to the approval of the Director of Planning and Building Services. The applicant shall indemnify the City of Santa Clarita for all injuries or loss related to the use of the crossing area by the users of the off-site parking lot. PL5. No new delivery services shall be permitted for restaurants with less than 50 seats. PL6. With each ' tenant improvement submitted for the Soledad Entertainment Center, a parking analysis that includes square footage or occupancy and hours of operation is required. If there is a conflict with the hours of operation or use is intensified, the use may be restricted or denied. The applicant shall record a covenant with the City that will require all new tenant improvements or change of uses to complete a parking analysis with the most current data.