HomeMy WebLinkAbout2014-01-28 - RESOLUTIONS - AFFIRM PC MC#13-175/TUP#13-047 (2)' RESOLUTION 14-02
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARTTA, CALIFORNIA, AFFIRMING THE PLANNING COMMISSION
DECISION TO APPROVE A TEMPORARY USE PERMIT (MC#13-175, TUP#13-047) FOR
AN 18 -MONTH TERM FOR A BUILDING MATERIAL SUPPLY YARD
WHEREAS, on October 20, 2009, the Planning Commission of the City of Santa
Clarita approved Master Case 06-286 (MC#06-286) for a Tentative Parcel Map and Oak Tree
Permit for the future development of a business park on the 23 -acre project site;
WHEREAS, Temporary Use Permits (TUPs) have previously been issued on the
project site for temporary contractor storage yards, RV and commercial vehicle storage, and a
building material supply yard while the property owner pursues the development of the business
park approved under Master Case 06-286;.
WHEREAS, on October 29, 2013, Saugus Holdings, LLC and TMC Hollis, LLC filed
three seperate 18 -month Temporary Use Permit applications with the City including: 1) Master
Case No. 13-166 (TUP 13-045) for RV and commercial vehicle storage; 2) Master Case No.
13-174 (TUP 13-046) for two contractor storage yards; and 3) Master Case No. 13-175 (TUP
13-047) for a building material supply yard. The property for which this application was filed is
located at the northeast comer of Railroad Avenue and Oak Ridge Drive (APNs: 2836-006-053
' and 2836-006-054). The Zoning and General Plan designation for the property is Industrial (I);
WHEREAS, the surrounding land uses include an industrial park to the north,
single-family residences to the east, an apartment complex and vacant commercial land to the
south, and the Santa Clara River to the west, across Railroad Avenue;
WHEREAS, on December 3, 2013, a duly noticed public hearing was held before the
City of Santa Clarita Planning Commission at 6:00 p.m. at City Hall, Council Chambers, 23920
Valencia Boulevard, Santa Clarita on Master Cases 13-166,13-174, and 13-175. At the public
hearing, the Planning Commission considered the staff report, staff presentation, the applicant's
presentation, and public testimony, and approved Master Cases 13-166, 13-174, and 13-175 by a
5-0 vote;
WHEREAS, on December 18, 2013, an appeal was filed in writing by the Hacker
Law Group with the City Clerk, appealing the Planning Commission decision for Master Case
13-175 to approve of the Temporary Use Permit for the building material supply yard for an
18 -month term. The decisions related to Master Cases 13-166 and 13-174 were not appealed;
WHEREAS, on January 28, 2014, the City Council of the City of Santa Clarita held a
duly noticed public hearing at 6:00 p.m. at City Hall, Council Chambers, 23920 Valencia
Boulevard, Santa Clarita, CA 91355 for the appeal of Master Case 13-175; and
' WHEREAS, at the January 28, 2014, City Council meeting, the City Council
considered the staff report, staff presentation, the applicant's presentation, the appellant's
presentation, and public testimony regarding the appeal of Master Case 13-175.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby I resolve as follows:
SECTION 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS.
Based upon the Notice of Exemption prepared for the project, the City Council finds and
determines as follows:
a. A Notice of Exemption for this project was prepared in compliance with the California
Environmental Quality Act (CEQA);
b. This project is exempt per Article 19: Categorical Exemptions, Section 15304 of
California Environmental Quality Act (CEQA) as a Class 4 exemption as a minor
temporary land use having minor, negligible impact on the environment. The project
requires minor temporary improvements to the subject site that will not create a
significant impact on the environment;
c. The documents and other materials that constitute the record of proceedings upon
which the decision of the City Council is based is the Master Case No. 13-175 project
file, and that this project file is located within the Community Department and is in the
custody of the Director of Community Development; and
d. The City Council, based upon the findings set forth above, hereby finds the Notice of
Exemption for this project has been prepared in compliance with CEQA. ,
SECTION 2. GENERAL FINDINGS FOR MASTER CASE 13-175. Based on the
foregoing facts and findings for Master Case 13-175, the City Council hereby determines as
follows:
a. That the proposal is consistent with the General Plan;
b. The proposal is allowed within the applicable underlying zone and complies with all
other applicable provisions of the UDC;
c. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare, or be materially
detrimental or injurious to the improvements, persons, property, or uses in the vicinity
and zone in which the property is located;
d. The proposal is physically suitable for the site. The factors related to the proposal's
physical suitability for the site shall include, but are not limited to, the following:
1) The design, location, shape, size, and operating characteristics are suitable for
the proposed use;
2) The highways or streets that provide access to the site are of sufficient width, I and are improved as necessary to carry the kind and quantity of traffic such
proposal would generate;
2
' 3) Public protection services (e.g., Fire protection, Sheriff protection, etc.) are
readily available; and
4) The provision of utilities (e.g., potable water, schools, solid waste collection
and disposal, storm drainage, wastewater collection, treatment, and disposal,
etc.) is adequate to serve the site.
The proposed project is consistent with the Industrial (I) Zoning and General Plan land use
designation on the project site. The proposed project is temporary in nature as it will be for an
18 -month duration. The proposed temporary building material supply yard will have vehicular
access from Oak Ridge Drive which will allow for adequate fire and sheriff protection services.
The project site was previously used for a similar use and already has the utility services
necessary for operation. The temporary building material supply yard will serve a need in the
community and will be temporary as the project site is approved for development of a business
park. The business park is anticipated to begin construction upon the completion of the necessary
jurisdictional permits required for grading and drainage of the project site. Therefore, the use of
the project site will be temporary and does not impact the health, safety, or welfare of the public
as a result of the temporary uses on the project site.
SECTION 3. ADDITIONAL FINDINGS FOR TEMPORARY USE PERMIT
13-047. Based on the foregoing facts and findings for Temporary Use Permit 13-047, the City
' Council hereby determines as follows:
a. That adequate temporary parking to accommodate vehicular traffic to be generated by
such use will be available either on site or at alternate locations acceptable to the
Director in any case where such temporary use is proposed for a period longer than one
(I) weekend or three (3) consecutive days;
This finding is superseded by finding c. 1) below.
b. That approval of a Temporary Use Permit will not result in the use of a lot for a
cumulative time period in excess of the maximum time period such temporary use may
be authorized during any twelve (12) month period, except where a longer period is
specifically approved in accordance with the provisions of subsection (13)(2) of this
section (Extended -Term Temporary Use Permit); and
This finding is superseded by finding c. 5) below.
c. In addition, the following findings shall be required for the approval of an
Extended -Term Temporary Use Permit:
1) That adequate public and private facilities such as utilities, parking spaces, and
traffic circulation measures are, or will be, provided for the proposed use;
2) That the proposed location, size, design, and operating characteristics of the
proposed use are in accordance with the purpose of this development code, the
purpose of the zone in which the site is located, the General Plan, and the
development policies and standards of the City; '
3) That the use and its associated structures and facilities will not be detrimental
to the public health or safety, the general welfare, or the environment;
4) That the use and facilities will not adversely affect or conflict with adjacent
uses, or impede the normal development of surrounding properties; and
5) The Extended -Term Temporary Use permit shall not exceed a period of five (5)
years.
The proposed temporary building material supply yard will be for a duration of 18 months. The
project site is approved for the future development of a business park and requires specific
jurisdictional permits that are anticipated to take up to 18 months to obtain. The proposed
temporary use will not be detrimental to the project site or the surrounding community. No
further infrastructure is required and will not conflict with adjacent land uses. The site is
accessed by Oak Ridge Drive and will be accessible to all sheriff and fire protection services.
SECTION 4. Based upon the findings of fact, the staff report (including staff report
and materials from the Planning Commission hearings), written correspondence and oral
testimony presented at the appeal hearing, the City Council does hereby deny the appeal, affirm
the Planning Commission decision on the project approving Master Case No. 13-175 and its
associated entitlements, including Temporary Use Permit 13-047, subject to the Conditions of ,
Approval (Exhibit A).
SECTION 5. The City Clerk shall certify to the adoption of this Resolution
PASSED, APPROVED, AND ADOPTED this 28th day of January, 2014.
ATTEST:
DATE: C�llgks
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Armind Chaparyan, Interim 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 January, 2014, by the following vote:
AYES: COUNCILMEMBERS: McLean, Boydston, Kellar, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Ferry
TERI Y CL
EXHIBIT A '
RESOLUTION NO. P13-16
MASTER CASE NO. 13-175
TEMPORARY USE PERMIT 13-047
FINAL CONDITIONS OF APPROVAL
GENERAL CONDITIONS
GCL The approval of this project shall expire if not put into use within two (2) years
from the date of conditional approval, unless it is extended in accordance with the
terms and provisions of the City of Santa Clarita's Unified Development Code
(UDC).
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. To the extent the use approved with this project is a different use than previously
approved for the property, the prior approval shall be terminated along with any ,
associated vested rights to such use, unless such prior approved use is still in
operation, or is still within the initial pre -commencement approval period. Once
commenced, any discontinuation of the use approved with this project for a
continuous period of one hundred eighty (180) calendar days or more shall
terminate the approval of this use along with any associated vested rights to such
use. The pre-existing legal use shall not be re-established or resumed after the
one hundred eight (180) day period. Discontinuation shall include cessation of a
use regardless of intent to resume.
GC4. The applicant shall be responsible for notifying the Director of Community
Development, 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.
GCS. 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. 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 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
Resolution No. P13-16
Master Case No. 13-175, Conditions of Approval
' Page 2 of 3
settlement is approved by the applicant.
GC6. 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.
GC7. The applicant and property owner shall comply with all inspection requirements
as deemed necessary by the City of Santa Clarita.
GCB. 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, Unified Development Code, Sanitary Sewer
and Industrial Waste Ordinance, Electrical Ordinance and Fire Code.
GC9. The applicant must sign and notarize the attached affidavit to confirm acceptance
of the conditions of this grant. The notarized affidavit must then be returned to
the Planning Division before occupancy.
GC10. 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.
PLANNING DIVISION
PLl. The applicant shall be permitted to operate a building material supply yard on a
temporary basis. The temporary use shall be permitted for up to 18 months. This
approval shall expire on June 2, 2015.
PL2. Shawna Place shall be vacated, and all associated improvements, including
landscape, shall be installed in accordance with Master Case 06-286.
PL3. Should the applicant intend on operating the building material supply yard for a
duration in excess of this temporary, approval, the applicant shall file the
appropriate application with the City no less than 60 days prior to the expiration
of this approval. Prior to the issuance of any extension, the property owner shall
work with the City to draft conditions to continue to improve the project site
consistent with Master Case 06-286.
PL4. No new lighting, mobile, temporary, or otherwise, shall be approved as a part of
this approval. All existing lights shall be required to be directed down and shall be
properly screened from neighboring uses where appropriate.
' PLS. Any waste produced on the premises shall be disposed of properly in accordance
with the City's recycling programs. Solid waste shall not be allowed to drain into
storm water inlets or gutters.
Resolution No. P13-16
Master Case No. 13-175, Conditions of Approval
Page 3 of 3
PL6. The applicant shall comply with the City's Noise Ordinance.
PL7. Signs are not a part of this approval. The applicant must request separate
approval for any signs prior to their installation/posting.
PL8. The applicant shall ensure that the surrounding streets shall be kept free and clear
of all building materials including dirt, rocks, concrete, or other debris at all
times. Should it become necessary to clean the neighboring streets, the applicant
shall provide street cleaning/sweeping services to keep the streets clear of debris
from the project site.
PL9. The subject property must comply with all requirements of the Unified
Development Code and of the Industrial (I) zoning of the subject property.
PL10. All applicable provisions of the Los Angeles County Health Department, Building
and Safety Division, Los Angeles County Fire Department, Business License
Codes, Alcohol Beverage Control or the provisions of any other affected agency
shall be met.
PL11. This approval shall not supersede the approvals of any other agency.
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