Loading...
HomeMy WebLinkAbout1990-05-22 - RESOLUTIONS - TTM 47863 APPROVAL (2)RESOLUTION NO. 90-74 ..� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP NO. 47863 THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find and determine as follows: a. An application for a vesting tentative tract map was filed with the City of Santa Clarita, June 5, 1989, by American Landmark Development, Inc. ("the applicant"). The property for which this entitlement has been filed is a 32 -acre parcel located on Whites Canyon Road approximately 600 feet northwest of the intersection of Whites Canyon Road and Nadal Street. The site is zoned A-1-10,000. The purpose of the vesting tentative tract map application is to create 80 lots within the subject site for single family residential units. Assessor Parcel No. 2802-001-037. b. The City of Santa Clarita Development Review Committee (DRC) met on October 26, 1989 and supplied the applicant's agent with recommended conditions of approval. C. A duly noticed public hearing was held by the Planning Commission on December 19, 1989, continued to January 16, 1990, and February 20, 1990, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. d. On March 20, 1990, the Planning Commission adopted Resolution No. P90-16, conditionally approving Vesting Tentative Tract Map No. 47863. e. An appeal was filed by Karen Holder on March 30, 1990 which was within the appropriate period to file an appeal. f. A duly noticed public hearing was held by the City Council on April 24, 1990 at the City Council Chambers, 23920 Valencia, Boulevard, Santa Clarita, at 6:30 p.m. At the request of the applicant the hearing was continued to a date certain on May 22, 1990. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon studies and investigation made by the City Council and on its behalf, the Council further finds and determines as follows: a. The City of Santa Clarita is proceeding in a timely fashion with the preparation of a general plan. There is a reasonable probability that this project will be consistent with the general plan proposal currently being considered and studied, that there is little or no probability of substantial detriment ... or interference with the future adopted general plan if the proposed resolution is ultimately inconsistent with that plan, and that the proposed project complies with all other applicable requirements of state law and local ordinances. b. The division and development of the property in the manner set forth on the subject parcel map will not unreasonably interfere with the free and complete exercise of any public entity and/or public utility right-of-way and/or easements within the parcel map. C. Approval of this vesting tentative tract map will expire twenty=four (24) months from the date of approval. d. The applicant has submitted a vesting tentative tract map which depicts the-atba proposed for the 80 lots within the subject site. e. The design of the subdivision and the type of improvements will not cause serious public health problems, since sewage disposal, storm drainage, fire protection, and geological and soils factors are addressed in the recommended conditions of approval. The discharge of sewage from the subdivision into the public sewer system will not violate the requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. f. The subject property is of a size and shape which lends itself to the proposed use. g. The recommended subdivision will not result in a significant environmental effect. h. Implementation of this proposal will cause no adverse effects in the environment which cannot be adequately mitigated through the application of available controls. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wild life or their habitat, since the project site is not located in a mapped significant ecological area. i. The proposed lot sizes are consistent with surrounding lot sizes. j. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision given the size and shape of the lots and their intended use. k. The proposed subdivision does not contain or front upon any ... public waterway, river, stream, coastline, shoreline, lake or reservoir. 1. The housing needs of the region were considered and balanced against the public service needs of local residents. .�. M. Neither the design of the subdivision nor the type of improvements will conflict with public easements for access through the use of property within the proposed subdivision, since the design and development as set forth in the conditions of approval and on the tentative map, provides adequate protection for easements. n. The subject property is in a proper location for single family residential uses. o. The City Council finds that satisfactory evidence has been provided, in accordance with Section 21.24.100 of the municipal code, that a lower street grade is not possible. The maximum street grade proposed is 12 1/22. p. The applicantrhas requested a reduction in lot area in accordance with Section 21.24.260 of the municipal code. Accordingly, the City Council makes the following findings required of Section 21.24.250A: 1. That due to sloping terrain, the topographic features within the division of land will be better utilized if a portion of the lots in such division are less in area than the applicable designation; and 2. That a final map or parcel map of the division of land or any part thereof will not be filed unless the average area of all lots on such map or maps is not less than the applicable zoning designation; and 3. That the lots having a reduced area will be compatible in design to the design of adjacent facing and siding lots of abutting development; and 4. That all lots which are not reduced in area shall comply with Subsection A of Section 21.24.240. SECTION 3. The City of Santa Clarita City Council has reviewed and considered the environmental information contained in the Initial Study, and determines that it is in compliance with CEQA and that the proposed project will not have a significant impact on the environment. A negative declaration was prepared for this project. Based upon the findings stated above, the City Council hereby approves the negative declaration. SECTION 4. Based upon the foregoing, the City Council hereby approves the application for the vesting tentative tract map subject to following conditions attached hereto as "Exhibit 1" and incorporated herein by reference allowing the creation of 80 lots for single family residential uses. ..�. SECTION 5. The City Clerk shall certify the adoption of this Resolution and shall transmit a copy to the applicant, the Departments of Public Works, Fire, and Parks and Recreation. PASSED, APPROVED, AND ADOPTED this 22nd day of May 1990. ATTVRTr I 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 22nd day of May 1990, by the following vote of the Council: AYES: Councilmembers: Boyer, Klajic, McKeon, Darcy NOES: Councilmembers: Heidt ABSENT: Councilmembers: None ID 32 EXHIBIT 1 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 47863 1. Vesting Tentative Tract Map No. 47863 (the "VTTM") shall expire two years from the date of its conditional approval. 2. The applicant (as hereinafter defined) may file for an extension of the VTTM by filing an application for extension at least 60 days prior to expiration of the VTTM. Said extension shall not exceed a period of one year. 3. Within 30 days of any change in the status of the applicant or upon designation of a new engineer, the applicant (as hereinafter defined) shall be responsible for notifying the Department of Community Development, in writing, of any such 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 attack, set aside, void, or annul the approval of this Subdivision by the City, which action is provided for in the 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 VTTM are not necessarily approved. Any details which are inconsistent with requirements of ordinances, these general conditions of approval, or City policies must be specifically approved. Page 1 6. The subject property shall be subject to fees, at the rate being charged by the City at the time the applicant seeks building permit issuance, including but not limited to (1) Los Angeles County Residential Sewer Connection Fee; (2) Interim School Facilities Financing Fee; (3) Installation or Upgrade of Traffic Signals Fees; and (4) Planned Local Drainage Facilities Fee. This condition specifically does not address bridge and thoroughfare district fees, which are covered by Condition No. 67. During construction of the improvements upon the property which is the subject of this land division, a stop -work order shall be considered in effect immediately upon the discovery of any historic artifacts and/or remains, at which time the City shall be immediately notified of the discovery. Said stop -work order shall remain in effect until City terminates said order, which shall not be unreasonably prolonged. 8. In lieu of establishing the final specific locations of structures on each lot at this time, the applicant shall develop the property in conformance with the City Code and other appropriate ordinances, including but not limited to the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed by the Department of Community Development and the Department of Public Works pursuant to such codes and ordinances. A grading permit shall be required for any and all off-site grading which is done for the purposes of developing the property covered by these conditions. 10. The applicant shall make the required deposit to the City prior to City review of documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance. 11. All existing and new utilities shall be undergrounded. 12. Easements shall be granted to the City, or other appropriate agency or entity, for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division, to the satisfaction of the City Engineer. 13. The applicant shall adjust, relocate and/or eliminate lot lines, lots, streets, easements, grading, geotechnical protective devices, and/or physical improvements to comply with ordinances, policies and standards in effect at the date the County determined the application to be complete, all of which shall be to the satisfaction of the Director of Public Works. Page 2 PUBLIC WORKS - ENGINEERING CONDITIONS Map Requirements 14. All easements existing at the time of final map approval must be accounted for on the approved tentative map, including but not limited to the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. If all easements have not been accounted for on the VTTM at the time final map approval is sought, the applicant shall submit a corrected tentative map to the City Engineer for approval. 15. All offers of dedication shall be noted by certificate on the face of the final map. 16. The final map shall be prepared by or under the direction of a licensed land surveyor or registered civil engineer. 17. The final map must be approved by the City Engineer before filing with the County Recorder. 18. The applicant shall quit claim or relocate existing easements which would otherwise underlie or run through proposed structures. 19. If the applicant intends to file multiple final maps, he must so inform the Department of Public works and the Department of Community Development at the time the tentative map is filed. The boundaries of each unit of the final map shall be designed to the satisfaction of the City Engineer and the Department of Community Development. 20. If signatures of record title interests appear on the final map, a preliminary guarantee shall be required for each record title owner. A final guarantee shall be required for each record title owner at the time of filing the final map. If said signatures do not appear on the final map, a title report/guarantee shall be provided showing all fee owners and interest holders and this account must remain open until the parcel map is filed with the County Recorder. 21. The applicant shall grant to the City or other appropriate agency or entity for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division to the satisfaction of the City Engineer. Page 3 Road ImRrovements 22. Local street(s) shall be aligned so that the central angles of the right-of-way radius returns do not differ by more than 10 degrees. 23. The applicant shall provide letter(s) guaranteeing the dedication of slope easement(s) and drainage acceptance by the applicant and the adjacent homeowners respectively, as required by the City Engineer or Director Public Works. 24. The applicant shall provide at least 40 feet of frontage at the front property line between radial lot lines for each lot fronting on a cul-de-sac or knuckle. 25. The applicant shall be required to install distribution lines and individual service lines for community antenna television service (CATV) for each lot in the subject property. 26. The applicant shall place above ground utilities including, but not limited to, fire hydrants, junction boxes and street lights, outside of the sidewalk. 27. The applicant shall install mailboxes and posts for each lot on the subject property per City standards. Approval of the U.S. Postal Service shall be secured prior to installation of mailboxes and posts. 28. Existing trees in dedicated right-of-way or right-of-way to be dedicated shall be removed if they are not acceptable as street trees. The determination as to the acceptability of existing street trees shall be made in the sole discretion of the Director of Parks and Recreation. 29. The applicant shall be required to plant street trees to City standards and specifications unless this condition has been waived by the Director of Parks and Recreation because, in his sole discretion, sufficient trees have been placed within an abutting landscaped setback. The applicant shall contact the City Department of Parks and Recreation for street tree location, species, and approved method of installation and irrigation. 30. The applicant shall not grant or record any easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other areas intended to be used by the public or restricted in use until after the final map is filed with the County Recorder unless such easements are subordinated, in writing, by the easement holder to the proposed grant or dedication. Page 4 31. The applicant, by agreement with the City Engineer or Director of Public Works, may guarantee installation of improvements as deemed necessary by the City Engineer or Director of Public Works through faithful performance bonds, letters of credit or any other acceptable means. 32. Off-site improvements may be required for "A" Street if in the sole discretion of the Director of Public Works such off-site improvements are necessary. 33. Where off-site grading and street improvements are required, it shall be the responsibility of the applicant to acquire the necessary right-of-way and/or easements, provided, however, that the provisions of Government Code Section 66462.5 shall be applicable. 34. The centerlines of all local streets shall be aligned without creating jogs of less than 150 feet. A one foot jog may be used where a street changes width from 60 feet to a 58 foot right-of-way. 35. The centerline radius of each street with (1) a grade in excess of 108, or (2) a distance of 40 feet between curbs shall be a minimum of 350 feet. 36. The design of local streets shall have a minimum centerline curve radii which will provide centerline curves to 100 feet minimum length; provided, however, that reversing curves need not exceed a radius of 1,500 feet and no curve need exceed a radius of 3,000 feet. The length of curve outside of the beginning of curb return shall be used to satisfy the 100 foot minimum requirement. 37. The minimum centerline radius on a local street with an intersecting street on the concave side should comply with design speeds per Road Section's "Requirements for Street Plans" and sight distances per the current standards of the American Association of State Highway Transportation Officials. 38. Street grades shall be permitted in excess of 108 at the following location: "B" Street between "A" Street and "C" Street, not to exceed 12.58. 39. The design for intersections of local streets with General Plan Highways shall provide sight distance to the satisfaction of the City Engineer. Additional right-of-way dedication and/or grading may be required. 40. The design for intersections of local streets shall provide sight distances to the satisfaction of the City Engineer. Additional right-of-way dedication and/or grading may be required. Page 5 41. The central angles of the right-of-way radius returns shall not differ by more than 10 degrees on local streets. 42. The applicant shall provide standard property line return radii of (1) 13 feet shall be provided at all local street intersections, including intersections of local streets with General Plan Highways, (2) 27 feet where all General Plan Highways intersect, or (3) standard property line return radii which are satisfactory to the Department of Public Works. 43. Compound curves are preferred over broken -back curves, but broken -back curves, where used, shall be separated by a minimum of 200 feet tangent (1,000 feet for multi -lane highways). 44. The applicant shall construct drainage improvements and offer for dedication easements needed for street drainage or slopes. 45. The applicant shall construct full width sidewalks at all sidewalk returns. 46. The applicant shall repair any broken or damaged curb, gutter, sidewalk, and pavement on streets within or abutting the subdivision as required by the Department of Public Works. 47. The applicant shall construct a slough wall outside the street right-of-way when the height of slope is greater than 5 feet above the sidewalk and the sidewalk is adjacent to the street right-of-way. 48. The applicant shall provide and install street name signs prior to occupancy of the first unit in the subject property. 49. The applicant shall dedicate to the City, for public use, vehicular access right on Whites Canyon Road, unless construction of a wall is required. If the construction of a wall is required, the applicant shall dedicate to the City for public use, complete access rights. 50. Driveways shall not be constructed within 25 feet upstream of any catch basin on a street with a grade in excess of 68. Page 6 51. The applicant shall construct the following required road improvements: Street Curb & Street Street Name Width Gutter Paying Lights Trees Sidewalk C,D,E,F,G 58 FT. X X X X X B 60 FT. X X X X X A 64 and 80 FT. X X X X X 52. The offer for Future Street and for Nearview Drive must be accepted prior to recording the final map if it is not already a dedicated street. The temporary turnaround on Nearview Drive shall be eliminated and curb, gutter, base, pavement and sidewalk shall be constructed. W 53. All lots shall be served by adequately sized water system facilities, including fire hydrants of sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flows required for the land division are to be determined in the sole discretion of the City Engineer or Director of Public Works. Fire flows required are to be determined in the sole discretion of the Fire Chief. 54. Prior to the issuance of the first building permit for the proposed development, the applicant shall file with the City Engineer a statement from the water purveyer indicating that the water system will be operated by, and water service will be provided to, the project by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to each lot. 55. The applicant shall provide all documents or materials necessary to substantiate to the City's satisfaction that there is an adequate water supply and a firm commitment from the water purveyor that the necessary quantities of water will be available to the proposed development. SEWER CONDITIONS 56. The applicant shall submit an area study to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to have insufficient capacity, the problem must be resolved to the satisfaction of the Director of Public Works prior to the issuance of the first building permit. Page 7 57. The applicant shall, prior to the issuance of the first building permit for this land division or at such time as required by the Director of Public Works, (1) install and offer for dedication the local main line sewers and separate house laterals to serve each lot of the land division, or (2) have on file with the City a City approved and bonded sewer plan which provides in detail for the installation and dedication of the main line sewer and separate house laterals to serve each lot of the land division. Determination of whether or not the applicant shall install and dedicate the above -required improvements or file a plan and bond shall be in the sole discretion of the Director of Public Works. 58. An hydrology study shall be submitted by the applicant and approved by the Director of Public Works prior to filing the final map. GRADING, DRAINAGE. AND GEOLOGY CONDITIONS 59. A grading plan shall be submitted to and approved by the Department of Public Works prior to approval of the final map. 60. The grading plan required by these conditions must be based on a detailed engineering Geotechnical report and ,^ must be specifically approved by the City's geologist and/or soils engineer and show all recommendations submitted by them. The grading plan shall agree with the tentative map and conditions as approved by the Planning Commission. All buttresses shown on the grading plan to be in excess of 25 feet high shall be accompanied by calculations. 61. Because portions of this project are within a mapped landslide area, (1) all geologic hazards associated with the development proposed for this land division must be eliminated, or (2) the applicant shall delineate a restricted use area approved by the consultant geologist to the satisfaction of the Geology and Soils Section of the City Public Works Department and dedicate to the City by legal means approved by the City Attorney the right to prohibit the erection of buildings or other structures within the restricted use areas. Page 8 62. Because portions of the property lying in and adjacent to �., natural drainage courses are subject to flood hazard because of overflow, inundation, and debris flows and because portions of the property are subject to sheet overflow and ponding and high velocity scouring action, the applicant shall provide, prior to filing the final map, drainage plans and necessary support documents to comply with the following requirements which shall be to the satisfaction of, and be approved by, the Director of Public Works: (a) Provide for the proper distribution of drainage; and (b) Provide drainage facilities to remove the flood hazard and dedicate and show necessary easements and/or rights-of-way on the final map and show on the final map the City's/Flood Control District's right-of-way for stormdrains. A permit will be required for any construction affecting the right-of-way or facilities;•,and (c) Provide for contributory drainage from adjoining properties and return drainage to its natural conditions or secure off-site drainage acceptance letters from affected property owners; and (d) Comply with the requirements of the approved drainage concept to the satisfaction of the Department of Public Works. 63. The applicant shall submit for approval by the Director of Public Works, a final geotechnical and soil report. That report shall be based upon adequate test borings or excavations, and shall: (1) describe any soil or geologic condition(s) which, if not corrected, might lead to structural damage or slope failure; and (2) recommend action likely to prevent structural damage or slope failure. A soil expansion index test shall be required and shall be done in accordance with the procedures of Uniform Building Code Standard No. 29-2. 64. A drainage benefit assessment district shall be established and ratified prior to recordation of the final map to insure the continued maintenance of any drainage improvements and subdrains. The first year's maintenance costs shall be paid by the applicant prior to approval of the final map. 65. The applicant shall include in covenants, conditions and restrictions applicable to the subject land division notifications to homeowners of all recommendations and r requirements of the geotechnical engineer. 66. The applicant shall construct the project in compliance with the required and approved drainage plan to the satisfaction of the Director of Public Works. Page 9 BLIC WORKS - TRAFFIC ENGINEERING_COND 67. Prior to approval of the final map, the applicant shall pay a bridge and thoroughfare fee in the amount of $5,300 per dwelling unit. Said fee amount shall be fixed for the duration of the VTTM approval. 68. The following traffic mitigations shall be required by the applicants for both this VTTM and VTTM No. 46626. Costs for these requirements shall be assessed for each of the two tracts as follows: (a) On a 50/50 basis, a traffic signal with appropriate signs and street striping shall be installed at the intersection of Whites Canyon Road and "A" Street. (b) On a pro rata basis, "A" Street shall be extended between the boundaries of Tentative Tract Map Nos. 46626 and 47863 to complete a continuous length from Whites Canyon Road to the easterly boundary of the VTTM. This shall include acquisition of right-of-way between the two tracts including off-site easement for future public streets and off-site grading necessary to accommodate the proposed street. (c) On a pro rata basis, peak -hour parking restrictions shall be installed on Whites Canyon Road on both the east and west sides, north of Nadal Street for which the applicant shall provide and install signage and/or striping as determined in the sole discretion of the City's Traffic Engineer. The applicant shall stripe the approach and departure lanes to the intersection of Whites Canyon Road and Nadal Street (within the existing right-of-way) by restriping and shall provide and install any related signing of the northbound and southbound approaches to Whites Canyon Road to provide one additional northbound and southbound lane. All work shall be funded by the applicant and completed to the satisfaction of the City Engineer. 69. The applicant may use the non -alternate street section only with the approval of the Director of Parks & Recreation, the City Engineer and the Director of Community Development. FIRE CONDITIONS 70. This property is located within the area described by the Forester and Fire Warden as Fire Zone 4 and future construction shall comply with applicable Code requirements. Page 10 71. The applicant shall provide water mains, fire hydrants, ^ and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. All fire hydrants for the subject property shall have a fire flow over and above maximum daily domestic use of 1,250 gallons per minute @ 20 psi for a duration of two hours. 72. The applicants shall provide and install 9 Public Fire Hydrants which shall each meet the measure 6"x 4"x 2 1/211, be made of brass or bronze and conform to current American Water Works Association Standard C503 or approved equal. 73. All hydrants shall be installed a minimum of 25' from a structure or where a structure is a distance less than 25' from a fire hydrant that structure shall be protected by a two hour fire wall as per map on file, or as otherwise approved by the Fire Department. 74. The applicant shall provide Fire Department and City approved street signs, and building address numbers prior to occupancy. 75. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access to the required fire hydrants must be provided and maintained serviceable throughout construction. 76. The applicant shall participate in an appropriate financing mechanism to provide funds for fire protection facilities which are required by new commercial, industrial or residential development, in an amount proportionate to the demand created by this project. PARKS AND RECREATION CONDITIONS 77. An in -lieu park and recreation fee, or dedication of park land, as determined by the City, or a combination of the two shall be required prior to approval of the final map and in accordance with the Municipal Code. 78. Either a special landscape maintenance assessment district or a homeowner's association (a "HOA") shall be formed to have the responsibility and authority to maintain all slopes, and street trees if the non -alternate street section is used, in the land division including, but not limited to, landscaping, irrigation and street trees. The formation of a landscape assessment district or HOA must be disclosed in real estate documents to homeowners. 79. The applicant shall provide access to, and egress from, slopes which are to be maintained by a Landscape ^ Assessment District or HOA by the dedication of easements or other legal means satisfactory to the City Attorney. Page 11 80. Median landscaping improvements shall be made to the ,.,.. medians from adjacent to the tract frontage on whites Canyon Road to the satisfaction of the Director of Parks & Recreation. NITY DEV 81. Three copies of a landscape plan and fencing plan shall be submitted to, and approved by, the Director of Community Development and the Director of Parks and Recreation prior to the issuance of building permits. The landscape plan shall show size, type, location of all plants, trees, and water facilities and locations dimensions, and details of the project fencing and/or walls and shall be in conformity with the following standards: (a) Fencing for each lot shall be provided in the form of a decorative masonry block wall, with a cap, at a height of six (6) feet, or other materials as approved by the Director of.Community Development. (b) View lots may be fenced using a combination of a base fencing of three (3) courses of masonry with wrought iron the remainder of the distance to the six (6) feet height. Masonry pilasters shall be provided at the intersection of a rear property with a side property line. Lots to be fenced as view lots shall be approved by the Director of Community Development. (c) Fencing for each lot shall end at the end of the pad for each lot. All remaining slope areas shall be fenced to give the appearance of a single open space lot. (d) Entrances to side yards shall be constructed of masonry wall and wooden gates. No wrought iron shall be permitted at side yard entries except a side yard entry which is not visible from the street. 82. Prior to occupancy, landscaping and fencing for the tract shall be provided and installed in conformity with the landscape and fencing plans. 83. A subdivision entry sign may be permitted in accordance with Section 22.52.970(b) of the Municipal Code and may be incorporated into tract fencing and landscaping. 84. The existing oak tree on the site shall be incorporated into future landscaping of the tract, and shown on the landscape plan. During grading and construction, that oak tree shall be appropriately protected. No work shall be permitted within the protected zone which shall be in conformity with City standards (5 feet from the dripline). Page 12 85. The applicant shall comply with all requirements of the Zoning Ordinance and the specific zoning for the subject property unless provisions to the contrary are set forth in any approval issued with respect to the development of the subject property or shown on the approved tentative map. Any deviation from zoning requirements shall be made only with the proper approval. 86. The property shall be developed and maintained in substantial conformance with the tentative map. 87. 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 Community Development their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. 88. Any violation of any condition hereof or of any law, statute, or ordinance applicable.to this land division and the development of the subject' property shall result in suspension of the entitlement granted hereby and lapse of all privileges granted hereunder; provided that the applicant has been given written notice to cease such violation and has failed to cease such violation for a period of 30 days following the giving of such notice. 89. Pursuant to approval and agreement of the applicant, final map approval shall not be granted until the applicant enters into an agreement for school mitigation with the William S. Hart Union High School District, the Saugus Union School District and the Sulphur Springs Union School District. 90. Prior to submitting the fencing and landscaping plans required above, the applicant shall solicit from the existing property owners whose property abuts the southerly boundary of the subject property for opinions and comments of those homeowners regarding the location, design and materials to be used in the construction of the walls, landscaping and irrigation on the subject property which lies immediately adjacent to those existing homes. Page 13 91. Prior to occupancy, a traffic study shall be conducted by �., the City in the existing neighborhood to the east of the subject property to determine if any additional traffic controls are required. The cost of the study and controls deemed required shall be borne by the applicant. Additional controls which may be required by the City as a resolution of the traffic study may include, but shall not be limited to, any necessary signal modifications at the intersections of Whites Canyon Road and Nadal Street, and potential use of speed bumps or humps or raised ceramic pavement markers. Property owners within 400 feet of the eastern boundary of the subject property shall be notified by the City of the results of the study. 92. Prior to commencement of any grading, the applicant shall hire, at applicant's cost, an inspector to inspect each home and property within 400' of the eastern boundary of this land division, from whose owner the applicant receives a written request so to do, to help determine its existing conditions and to create a bench mark by which to determine if any grading on the applicant's tract cause any damage to the adjacent existing homes. Any damage determined to be caused by the applicant will be repaired at the applicant's expense. CITY COUNCIL AMENDED CONDITION (5-22-901 In implementing this condition, the City will send copies of the final conditions approved for this project to each property owner within 400' of the project, as set forth above. The City shall include a cover letter explaining the purpose of the documents and the owner's right to request inspection per this condition. A form will be included which property owners will be invited to return as a request for inspection. The results of all inspections performed by the applicant shall be made available to the City. Upon their receipt, the City shall notify each property owner who returned the form that the results have been filed with the City and shall make these results available to individual property owners who may, if they chose, obtain a copy of their own inspection report. All property owners will in addition have access to public information on file. Page 14 93. A monitoring system for ground movement shall be ^ established within the off-site tract street and sidewalk network to establish a baseline reference six (6) months prior to commencement of any proposed grading activity. Such monitoring shall continue through the grading process until the grading is completed, within five hundred (500) feet of the tract boundary. Thereafter, such monitoring shall continue for a period of six (6) months following the completion of grading activity in said area. Said monitoring system shall be read and examined once a month. The survey points shall be established in an area within five hundred (500) feet of the tract boundaries. In addition to the monitoring devices required above, the applicant shall establish survey monitoring points along its southern tract boundaries near the off-site property corners three (3) months prior to the commencement of grading activity. These survey points shall be read on a monthly basis until such time as construction activity commences. Thereafter, these survey points shall be read once per week until such time as grading activity is completed within five hundred (500) feet of the tract boundary. The survey points shall then be read on a monthly basis for a period of six (6) months following completion of said area. 94. Prior to the commencement of the monitoring required by conditions noted above, the applicant shall notify the City. The applicant shall make all survey data and monitoring results available to the City of Santa Clarita, to its representatives, and to the applicant's consultants for the purpose of analysis and review. 95. Prior to the commencement of grading, and as soon as practicable, the applicant shall hydroseed all places where plant life has been removed from the easterly slope of the site during the exploratory trenching completed on February 3, 1990. 96. During grading of the site, small equipment shall be used within five hundred (500) feet of any existing residences to minimize vibration. Any excessive vibration may be reported to the City which may recommend additional mitigation measures. 97. Subject to written approval from the property owner of the residence at 28135 Foxlane Drive, the applicant shall be permitted to enter the property to correct a localized surficial slump in the vicinity of the rear yard of that property. it is recognized that, to accomplish the task outlined herein, the applicant will require access through two adjacent properties at 28129 and 28143 Foxlane Drive and that written permission of the owners of those properties will be required to ingress and egress to the slump area described above. Page 15 98. To reasonably insure the safety of the adjacent property during the grading process, the applicant shall install two chain link fences, one near and surrounding any portion of the subject property upon which the applicant is grading and another near the property line of the subject property with adjacent homes. The fence shall be designed to perform beyond normal standards in protecting adjacent homes from the results of grading. Such fences shall require approval by the Department of Public Works before installation. ADDITIONAL COMMUNITY DEVELOPMENT CONDITION (1-16-901 99. The applicant shall comply with the mitigation measure prescribed in the biological resources report for the site dated January 8, 1990. ADDITIONAL COMMUNITY DEVELOPMENT CONDITION (3-6-90) 100. During grading and construction, no traffic shall be permitted ingress and egress the site via Foxlane Drive, Nearview Drive, Tambora Drive or Bakerton Avenue. All vehicles entering the site shall be required to use Whites Canyon Road as the point of ingress and egress. CITY COUNCIL NEW CONDITIONS (5-22-90) 101. In addition to the monitoring devices required above, the applicant shall establish survey monitoring points along its southern tract boundaries near the off-site property corners three (3) months prior to the commencement of grading activity. These survey points shall be read on a monthly basis until such time as grading activity commences. Thereafter, these survey points shall be read once per week until such time as grading activity is completed within five hundred (500) feet of the tract boundary. The survey points shall then be read on a monthly basis for a period of six (6) months following completion of said area. 102. In furtherance of Condition No. 92 above, the applicant shall maintain throughout construction or for six (6) months after the date the City has certified for rough grading for the last fifteen (15) homes, whichever event occurs later, its General Liability Insurance with limits of not less than six million dollars ($6,000,000.00), insuring the applicant and the City against damage resulting from such grading to any home or property within 400 feet of the east boundary of this land subdivision. 16 103. The number of residential Certificates of Occupancy which may be obtained by the applicant(s) for Vesting Tentative Tract Map Nos. 46626 and 47863 prior to November 1, 1992, or the completion and opening of the Whites Canyon Bridge over the Santa Clara River, whichever comes first, shall not exceed a combined maximum total of one hundred (100). Per agreement of the applicant(s), VTTM 46626 shall be eligible to request and obtain a maximum of seventy-two (72) of these Certificates of Occupancy, with VTTM 47863 eligible to request and obtain a maximum of twenty-eight (28). Transfer of the Certificates of Occupancy allocation is not precluded by this condition, but is subject to written agreement between the applicants and approval by the Department of Community Development. Upon completion and opening of the Whites Canyon Bridge or November 1, 1992, whichever comes first, the applicant(s) may request any remaining Certificates of Occcupancy as normally required for completion. Page 17