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HomeMy WebLinkAbout1992-01-14 - AGENDA REPORTS - ZC 90 017 CPD CONSTRUCTION (2)7 AGENDA REPORT PUBLIC HEARING DATE: January 14, 1992 City Manager Approval Item to be presented y• SUBJECT: Zone Change 90-017 from A-1-10,000 (Light Agricultural, 10,000 square foot minimum lot size) and R -A-7,500 (Residential -Agricultural, 7,500 square foot minimum lot size) to CPD (Commercial Planned Development) to allow construction of an office building and free standing restaurant at 17741 Soledad Canyon Road. Applicant: Tina Bow. DEPARTMENT: Community Development BACKGROUND On November 5, 1991, the Planning Commission adopted Resolution P91-49 approving a 44,000 square foot two-story office building with a cellar and a single -story 6,000 square foot restaurant with 213 parking spaces for both uses, at 17741 Soledad Canyon Road, west of Canyon Country Park. The officebuilding would have a maximum height of 41 feet (average 34 feet). The restaurant would be 20 feet high. The restaurant would be 75 feet, the office 115 feet, to the nearest residential property line. Parking is proposed to the rear of the site, setback a minimum of 5 feet from the backyards of single-family homes. This site is designated CO (Commercial Office) on the General Plan. PLANNING COMMISSION ACTION During the Planning Commission public hearings on the project issues were raised regarding compatibility of the use with adjacent single-family homes, office. building density, parking lot security, landscaping, lighting, retail uses in the office building, and hours of restaurant operation. Two residents. representing 16 residents in the area of Lost Springs Road spoke in opposition to the project. Eleven letters in opposition and one in favor were submitted as was a petition in opposition signed by 16 residents. Following the public hearing, the Commission found that the office building was far enough away from the single-family residences so that the height and density was acceptable. They further found it acceptable for parking spaces to be within 5 feet of the single-family rear property lines. The Commission found that the project would be compatible with the neighboring residential neighborhood with the addition of conditions limiting restaurant hours, prohibiting retail uses except for the Continued i : a -ly - �� A e—A . o'a Item: .-.. restaurant, requiring large trees within the rear landscaped setback and gating of the rear portion of the parking lot during evening hours to prevent loitering. The Planning Commission unanimously approved the conditional use permit and oak tree permit and recommended approval of the Zone Change to CPD. ZONE CHANGE REQUEST The project may only proceed with Council approval of the zone change from Light Agricultural and Residential Agricultural to CPD. The existing county zoning designates the rear portion as Light Agricultural to provide buffering for the single-family uses. The existing zoning also, however, allows parking as a permitted use in the buffer area. The project proposes parking to the rear of the lot(s) and has located both buildings as far as possible from the rear. The Planning Commission found the' density, site plan and proposed uses consistent with the General Plan designation of CO with conditions. Adopt the Planning Commission's recommendation and; 1. Approve the attached Negative Declaration with the finding that the, proposed project will not have a significant effect on the environment; 2. Approve Zone Change 90-017 based on the required findings; and 3. Introduce Ordinance 92-1, waive further reading, and pass to the second reading. Ordinance 92-1 Planning Commission Staff Report Resolution No P91-49 Negative Declaration LHS:416 - 2 - PUBLIC HEARING PROCEDURE 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) 5. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 10. Mayor Announces Decision CITY OF SANTA CLARITA NOTICE OF PUBLIC'HEARING REGARDING ZONE CHANGE 90-017, LOCATED AT 17741 SOLEDAD CANYON ROAD,.WEST OF CANYON COUNTRY PARK IN THE CITY OF SANTA CLARITA TO CHANGE FROM A-1-10,000 (LIGHT AGRICULTURAL ZONE, 7,500 SQUARE FOOT MINIMUM LOT SIZE) TO . CPD (COMMERCIAL PLANNED DEVELOPMENT). THE SITE IS 2.69 ACRES, RELATIVELY FLAT AND HAS ONE OAK TREE WHICH WILL BE PRESERVEj. THE APPLICANT IS TINA BOW. PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita regarding Zone. Change 90-017, located at 17741 Soledad Canyon Road, west of Canyon Country Park in the City of Santa Clarita. The request is to change from A-1-10,000 (Light Agricultural Zone, 7,500 square foot minimum lot size) to CPD (Commercial Planned Development). The site is 2.69 acres, in the City of Santa Clarita which is relatively flat and has one oak tree which will be preserved. The applicant is Tina Bow. The hearing will be held by the` City Council in the City :Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 14th day of January, 1992, at or after 6:30 p.m. Proponents, opponents, and nay interested. persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's Office, Santa Clarita City Hall, 23920 Valencia Blvd., 3rd Floor, Santa Clarita. If you wish to challenge this order in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in'written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: December 20, 1991 Donna M. Grindey City Clerk Publish Date: December 23, 1991 ORDINANCE NO. 92-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING THE OFFICIAL ZONING MAP LOCATED AT 17741 SOLEDAD CANYON ROAD, NEST OF CANYON COUNTRY PARK BETVEEN LOST CANYON ROAD AND GAELTON ROAD MASTER CASE NO. 90-214 (ZONE CHANGE NO. 90-017) THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby find and determine as follows; a. An application for a Zone Change was filed on August 11, 1990,- by Bow Enterprises, Incorporated (the •applicant•). On April 24, 1991, the City was informed that the applicant was changed to Tina Bow. The property (consisting of two lots) for which this entitlement has been filed is located at 17741 Soledad Canyon Road (Assessor Parcel Numbers 2844-015-017 and 2844-006-019). The project'site consists of three zones. 1.56 acres are zoned CPD (Commercial Planned Development); 1 acre is zoned A-1-10,000 (Light Agricultural - 10,000 square foot minimum lot size); and, .12 acres are zoned R -A-7,500 (Residential Agricultural, 7,500 square foot minimum lot size). The applicant is requesting -that the entire 2.68 acre site be zoned CPD. b. The Planning Commission held a duly noticed public' hearing on the application on October 17, 1991 and November 5, 1991. On November 5, 1991, the Planning Commission adopted Resolution P91-49 recommending approval of Zone Change 90-017 and approving Conditional Use Permit 90-034 and Oak Tree Permit 90-049 for a 44,000 square foot office building and 6,000 square foot restaurant, contingent on City Council approval of a zone change. c. The City Council held a:duly noticed public hearing to consider this ordinance on Tuesday, January 14, 1991, at the City of Santa Clarita 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 Planning Commission and the City Council, and on their behalf, the City Council further finds and determines as follows: a. The recommended zone change will not result in a significant negative environmental effect. Implementation of this proposal will cause no adverse effects in the environment which cannot be adequately mitigated through the application of available controls. The change in zone will not cause substantial environmental damage or substantial and avoidable injury to fish or wild life on their habitat, since the project site .is not located in a significant ecological area. b. Modified conditions warrant a change of zone on the site because the General Plan has designated this site CO- Commercial Office ,and this zone • change brings the zoning into conformance with the General Plan. c. The need for the proposed zone change exists within the Canyon Country area because this zoning would allow for the development of employment opportunities in the City of Santa Clarita, aiding the jobs -housing balance for the Santa Clarita Valley Sub -region which is presently job deficient. d. The property is a proper location for the CPD Zone since it is in conformance with the General Plan designation of CO (Commercial Office) for the site and a portion of the project site already has CPD Zoning. e. The placement of the CPD Zone at the project location will be in the interest of public health, safety, and general welfare, and in conformity with good zoning practice because all necessary utilities will provide service and all applicable development standards will be applied to the project. SECTION 3. The City of Santa Clarita City Council has reviewed and considered the environmental information contained in the Initial Study, which was approved by the Planning Commission, and determines that it is in compliance with the California Environmental Quality Act (CEQA) and state and local CEQA Guidelines 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 forgoing, the City Council does hereby ordain. that the application for a zone change from A-1-10,000 (Light Agricultural, 1 acre minimum lot size) and R -A-7,500 (Residential Agricultural, 7,500 square foot minimum lot size) to CPD (Commercial Planned Development) is approved. The zoning boundaries on the Official Zoning Map for the City of Santa Clarita are hereby amended and shall conform to Exhibit "A", incorporated into this ordinance by this reference, which is the site plan for Conditional Use Permit 90-034 (Assessor Parcels 2844-015-017 and 2844-006-019). ATTEST: PASSED, APPROVED, AND ADOPTED THIS _ DAY OF 1992. Jill Klajic, MAYOR City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) I, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 92-1 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of 1992, that thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day of 1992, by the following vote, to wit: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS LHS: 421 E CITY CLERK CITY OF SANTA CLARITA STAFF REPORT Zone Change 90-017 Conditional Use Permit 90-034 Oak Tree Permit 90-049 MASTER CASE 90-214 DATE: October 15, 1991 1 T0: Chairman Cherrington and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Developme., % '` �2L�L/ PROJECT PLANNER: Laura Stotler, Assistant Planner APPLICANT: Tina Bow LOCATION: 17741 Soledad Canyon Road, west of Canyon Country Park, between Gaelton Road and Lost Canyon Road. (Assessor Parcel Numbers 2844-015-017, 019). REQUEST: The applicant is requesting a zone change to CPD (Commercial Planned Development) and a Conditional Use Permit to allow for the construction of a 44,000 square foot retail/office building and a 6,000 square foot restaurant on 2.68 acres. An Oak Tree Permit has been requested for an oak tree on site, but no encroachment is proposed. BACKGROUND: There was previously a County -approved CUP to develop the southerly 1.78 acres of this site with a one-story, 9,650 square foot commercial building and a two-story, 22,200 square foot commercial building. That entitlement has expired. Another parcel has been added and the present development proposal is for 2.68 -acres. PROJECT DESCRIPTION: The project site has two parcels, one of 2.56 acres presently split zoned CPD and A-1-10,000 (Light Agricultural Zone, 10,000 square foot minimum lot size) and the other of .12 acres zoned R -A-7,500 (Residential Agricultural Zone, minimum 7,500 square foot lot size). The requested zone change would make the entire site CPD. A Conditional Use Permit is requested to allow for the construction of a 44,000 square foot (gross) office building with ground floor retail and a 6,000 square .foot (gross) full service restaurant. The project has a floor -area ratio (FAR) of .43:1. The site is .vacant and a 2:1 slope exists on the eastern portion of the site adjacent to Canyon Country Park. The retail/office building would have two -stories and a cellar and the restaurant would be single story. The.retail/office building would be 34 feet high from average grade (41 feet from the lowest to the highest point). The restaurant would be 20 -feet high. 213 parking stalls would be provided, 37 of which would be compact. Landscaping would cover 24,500 square feet or 21 percent of the site. No encroachment upon the existing oak tree -is proposed. Right-of-way dedication 52 feet from centerline of Soledad Canyon Road and additional right-of-way, for a right turn lane for the project driveway would be provided. The applicant would landscape the center median and modify it to prohibit left turns from the project. The applicant would also construct a 3,060 square foot pad and driveway for a maintenance area for Canyon Country Park, a portion of which would be on the subject site. Upon completion of the maintenance area, the applicant would complete a lot line . adjustment and quit claim a 15 -foot access easement to give the entire maintenance area'to the City. GENERAL PLAN/LAND USE/ZONING: The applicant is requesting to zone the entire site CPD. Presently, the site has mixed zoning of CPD, A-1-10,000 and R -A-7,500 and the General Plan designation is Commercial Office (CO). The proposed uses are consistent with the General Plan CO designation. The City's General Plan designation, existing zoning, and existing land use of the project site and adjacent properties are as followsa GENERAL PLAN ZONING LAND USE PROJECT SITE CO CPD, R -A-7,500 Vacant A-1-10,000 North RS R -A-7,500 Single Family East OS A-1-10,000 Canyon Country Park South CC A-1-10,000. Vacant, SR 14 West CO CPD Vacant, Medical Office Building A-1-10,000 (Light Agricultural Zone, 10,000 square foot minimum lot.size) CC (Community Commercial) CO (Commercial Office Designation) CPD.(Commercial Planned Development Zone) OS (Open Space Designation) R -A-7,500 (Residential Agricultural Zone, 7,500 square foot minimum lot size) RS '(Residential Suburban Designation, Mid -point density 5 DU/Acre) As part of the project review, an environmental assessment was made to evaluate the impacts of the project. The environmental areas of concern for the project include: circulation, neighborhood compatibility and height. It was determined -this proposal would have no adverse environmental impacts which could not be avoided through project design and mitigation measures. A proposed negative declaration has been prepared for this project. INTERDEPARTMENT/INTERAGENCY REVIEW: Comments and recommendations were solicited from departments and agencies -2- 4 which would be affected by this project. Comments received were considered by the Community Development Department as part of the project review. As of the date this staff report was prepared, no comments or inquiries were received from the public. ANALYSIS: The project has an FAR of .43:1 which is below the FAR of .5-2:1 for the CO designation in the General Plan. The applicant proposes a gross floor area of 44,000 square feet for the office building and 6,000 square feet for the restaurant. Staff, would verify floor areas at the plan check stage to ensure that the floor area standards are met. The applicant is proposing to provide 213 parking spaces to meet parking requirements. Other than the restaurant, no other parking intensive uses are proposed. The guideline in the General Plan is for retail uses under the CO designation to generally not exceed 25I of the total floor area. In this case, between the first floor and the freestanding restaurant the applicant is proposing to use 46% (up to 23,000 square feet) of the total floor area for retail. The applicant is proposing to use the portions of the site presently zoned agricultural and residential for parking. Parking as a transitional use is allowed in the A-1-10,000 and R -A-7,500 zones where they abut commercial zones as in this case. As a transitional use, however, a parking buffer is limited to 100 feet from the boundary of. the commercial zone. The applicant is proposing to extend parking 240 feet. into the agricultural zone. Were a zone change to be denied, the applicant would lose 58 parking spaces of the .parking spaces shown. Were FAR to be calculated on just the portion of the site which presently has CPD zoning, the FAR of the proposal would be .74:1 which is within the .5-2:1 FAR range of the CO General Plan designation. The properties on Soledad Canyon Road from the project site west to Gaelton Road are planned for office and light commercial uses. The Facey Medical Building (20,000 square feet), exists approximately 500 feet west of the project site. Two other office buildings are proposed between this project and Facey. The office building would be built into the slope adjacent to Canyon Country Park and would be two stories with a cellar. Although the building. would appear to have three stories, a cellar is not considered a story under the code so the project meets the two-story limit of the CPD zone by definition. From grade, the office building would have a height of 34 feet. From the lowest to the highest point, the office building would be 41 feet high. In comparison, the City Nall Building is 46 feet high (level ground) and the Facey Building is generally 28 feet high but 35 feet high in one area. Staff has concerns that the three story appearance from certain angles may not be consistent with land use compatiblity goals when commercial office development takes place adjacent to single family residences. In an effort to minimize impacts from the project upon. the neighboring residents, the office building and restaurant have been located on the southwesterly portionof the site, away from existing residences. The distance from -the property line of the nearest residence to the restaurant would be 75 feet and to the office building is 115 feet. Parking, landscaping and a 6 -foot high decorative masonry wall are proposed to buffer the residences from the view and noise of the parking area. A 5 -foot landscape buffer is proposed between the single family properties and the parking places. Trash areas would be screened from all sides. Mechanical equipment for the office building would be enclosed and rooftop equipment an the restaurant would be screened. - 3 This project could be found to be consistent with Land Use Element policy 5.3 which seeks to ensure that new development is compatible with and complementary to existing single family development because of the applicant's project design which attempts to limit impacts upon the neighboring residences. This project could be found to be consistent with General Plan policy 1.4 of the Economic Development Element to encourage business opportunities in the Canyon Country area in proximity to SR -14. The project could also be found to be consistent with the intent of policy 10.6 of the. Parks and Recreation Element which encourages developers to improve or construct parks and recreational facilities. The proposed zone change of portions of the site from A-1-10,000 and R -A-7,500 to CPD could be found to be consistent with the General Plan CO designation if the Commission concurs adequate buffering exists between the project and neighboring residences: The General Plan is not parcel specific and the existing property has agricultural, as well as commercial zoning. No encroachment is proposed to the oak tree. The portions of the site currently without a commercial designation are proposed to be used for parking which is considered a buffer use. RECOMMENDATION Staff recommends that the Planning Commission; Approve the Negative Declaration prepared for this project, and; Consider modifying the total floor area in the context of what constitutes adequate_ buffering between commercial and residential uses, the percentage of retail mixed use, and the building -height at the highest point, and; Approve Zone Change 90-017, Conditional Use Permit 90-034 and Oak Tree Permit 90-049 for office use and restaurant use for the site, and; Adopt Resolution P91-49 and the attached Conditions of Approval. LHS:235 - 5 - R RESOLUTION NO. P91-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA APPROVING MASTER CASE NO. 90-214, CONDITIONAL USE PERMIT 90-034 AND OAK TREE PERMIT 90-049 AND RECOMMENDING APPROVAL OF ZONE CHANGE 90-017 TO ALLOW FOR THE DEVELOPMENT OF A 50,000 SQUARE FOOT RETAIL/OFFICE CENTER LOCATED'AT 17741 SOLEDAD CANYON ROAD THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: a. An application for a zone change, conditional use permit, and oak tree permit was filed on August 11, 1990, by Bow Enterprises, Incorporated (the "applicant*). On April 24, 1991, the City was informed that the applicant was changed to Tina Bow. The property (consisting of two lots) for which this entitlement has been filed, is located at 17741 Soledad Canyon Road (Assessor Parcel Numbers 2844-015-017, 2844-006-019). The project site consists of. three zones: CPD (Commercial Planned Development), A-1-10,000 (Light Agriculture - 10,000 square foot minimum lot size), and R -A-7,500 (Residential Agricultural Zone - 7,500 square foot minimum lot size) The applicant is proposing the entire site be re -zoned to CPD. b. The applicant has filed a conditional use permit to allow for a commercial development in the CPD zone on 2.68 acres. c. The property is primarily flat and vacant except for an approximtely 25 foot high 2:1 slope on the eastern portion of the site adjacent to Canyon Country Park. One oak tree exists on the site. d. The entire project site is designated as Commercial Office (CO) by the City's General Plan, which designates areas for office and related commercial uses. The change of zone from R -A-7,500 and A-1-10,000 to CPD is consistent with the City's CO General Plan designation. The uses proposed within this commercial/office center are permitted uses with a zone change and a conditional use permit as proposed. e. Access to the parcel will be from a single driveway on Soledad Canyon Road. A right -turn lane shall be constructed to serve the project driveway. Left turns from the project driveway to Soledad Canyon Road shall be restricted. f. Utilities, water service, and sewage service are available to the project. Q g. The project was reviewed pursuant to the California Environmental Quality Act. h. The surrounding land uses are single family residential, vacant land and Canyon Country Park. Within the immediate vicinity there are similar office building uses to the one proposed. i. The City of Santa Clarita Development Review Committee (DRC) met on February 14, 1991, and again on April 25, 1991 and supplied the applicant with recommended Conditions of Approval. j. A duly noticed public hearing was held by the Planning Commission on October 15, 1991, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. At that meeting, this case was continued for public hearing without further notice to the regular Planning Commission meeting on November 5, 1991, .at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. This case was heard by the Planning Commission on November 5, 1991. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon the study and investigation made by the Planning Commission and on its behalf, the Commission further finds as follows: a. The City's General Plan designation for the project site is Commercial Office (CO). The project is consistent with this designation with the inclusion and approval of a zone change and conditional.use permit. b. The project is compatible with the surrounding land uses and no encroachment is proposed upon the oak tree. c. The applicant will make an offer of dedication of 52' from the centerline along the project's frontage plus additional dedication as necessary for a right -turn lane into the project driveway, and will fully improve Soledad Canyon Road and the right -turn lane fronting this project. d. The proposed site is -adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as otherwise -required in order to integrate said use with uses in the surrounding area. The project complies with applicable City codes regarding parking, landscaping, height, and yard requirements. e. The 2.68 acre parcel is suitable for the development of a 'retail/office building and a, full service restaurant. f. The granting of the conditional use permit and the recommendation of approval for the zone change for the project will not adversely affect the health, peace, comfort, or welfare of persons residing or. working in the surrounding area; nor be materially detrimental to the use, enjoyment or valuation of -2- property of other per located in the vicinity of the subject property; nor jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. The project will comply with City codes. The project fronts on a major highway and is consistent with the established uses on major thoroughfares. The project provides required circulation improvements to eliminate impacts to the Soledad Canyon Road circulation system. g. This project will not have a significant effect on the environment. The project has received a Negative Declaration pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.). SECTION 3. Based upon the foregoing facts and findings, the Planning Commission hereby determines as follows: a. The proposed project will not have a significant effect upon the environment pursuant to the California Environmental Quality Act. Conditions of approval have .been added to the project to mitigate all identified impacts caused by the project. b. The project is compatible with existing development in the area, consistent with the City's General Plan, and complies with the standards of the CPD zone with the inclusion of an approved conditional use permit. The applicant has substantiated the required findings for recommending approval of the zone change to the City Council. c. The project has adequate access from Soledad Canyon Road. All utilities are available to the project site. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Santa Clarita, California,.as follows: a. The Planning Commission hereby approves Conditional Use Permit 90-034 and Oak Tree Permit 90-049 (Exhibit "A"), subject to the attached Conditions of Approval (Exhibit "B"). b. The Planning Commission hereby recommends to the City Council approval of Zone Change 90-017. PASSED, APPROVED AND ADOPTED this 5th day of November 1991. Jerry D. Cherrington, Chairman ATTEST: Planning Commission 9C / � / • ILiL/ZG� Lynd M. Harris Director of Community Development -3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) I, Donna M. Grindey, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the c;ih- day of November 1991 by the following vote of the Planning Commission: AYES: COMMISSIONERS: Cherrington,"Doughman, Woodrow, Modugno, Brathwaite NOES: COMMISSIONERS: ABSENT: -4- EXHIBIT •B• CONDITIONS OF APPROVAL MASTER CASE NUMBER 90-214 CONDITIONAL USE PERMIT CASE NUMBER 90-034 OAR TREE PERMIT CASE NUMBER 90-049 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. 6. The applicant is hereby advised that this project is subject to fees at the time of building permit issuance which may include, but not limited to, the following as applicable: 1) Los Angeles County Residential Sewer Connection Fee; 2) Interim School Facilities Financing Fee; 3) Installation or Upgrading of Traffic Signal Fees and/or Road. Improvement Fees; and 4) Planned Local Drainage Facilities Fee. 7. Upon development, a stop -work order shall be considered in effect upon the discovery of any historic artifacts and/or remains, at which time the City shall be notified. S. The applicant agrees to develop the property in conformance with the City Code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Oak Tree Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, Department of Oil and Gas, South Coast Air Quality Management District, U.S. Army Corps of Engineering, and Fire Code. Improvements and other requirements may be imposed pursuant to such codes and ordinances. 9. The Sanitation Districts are empowered by the California Health and Safety Code to charge a fee for the privilege of connecting to the Sanitation Districts' Sewerage System. A connection fee is required in order that necessary expansions to the Sewerage System can be constructed to accommodate new development. Payment of a connection fee will be required before a permit to connect to the sewer is issued. FIRE DEPARTMENT 10. The project must comply with all applicable codes and ordinance requirements for construction, access, water mains, fire flows, and fire hydrants to the satisfaction of the Fire Department. 11. All on-site driveways shall provide a minimum unobstructed width- of 26 feet clear to the sky to within 150 feet of all portions of the exterior walls of the first story of any building. 12. All driveways shall be labeled as "Fire Lane" on the final building plans. Labelling is necessary to assure the access availability for Fire Department use. 13. Fire flows of 3000 gallons per minute at 20 pounds per square inch residual pressure for a 3 hour duration will be required. 14. All structures shall comply with fire life safety requirements which will be addressed at building plan check. ENGINEERING SECTION 15. .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, Electrical Code and Fire Code. 16. The applicant shall label driveways as "Private Driveway and Fire Lane" and delineate on the plans to the satisfaction of the Department. 17. The applicant shall quitclaim or relocate easements running through proposed structures. Reso. P91-49 -2- ROAD IMPROVEMENTS 18. Where applicable, the applicant shall pay fees.for signing and striping of streets as determined by the City Traffic Engineer or shall prepare signing and striping plans for all multi -lane highways within or abutting the subdivision to the satisfaction of the Department. 19. The applicant shall contact the City Department of Parks and Recreation for street tree location, species, and approved method of installation and irrigation. 20. The applicant shall provide letter(s) of slope easement(s) and drainage acceptance as directed by the City Engineer. 21: The applicant shall construct drainage improvements and offer easements needed for street drainage or slopes. 22. The applicant shall repair any broken or damaged curb, gutter, sidewalk and pavement on streets within or abutting the project. 23. The applicant shall construct a slough wall outside the street right-of-way when the height of slope is greater than five feet above the sidewalk and the sidewalk is adjacent to the street right-of-way. 24. The applicant shall dedicate the right to restrict vehicular access on Soledad Canyon Road. 25. The applicant shall dedicate 52'-0" from centerline on Soledad Canyon Road and construct curb & gutter, base & paving, street lights, street trees and 8'-0" wide sidewalk on Soledad Canyon Road. 26. The subdivider shall install separate sewer laterals to serve each building in the project. 27. Our records show that this project is within a sewer reimbursement district. The applicant shall pay sewer reimbursement charges as determined by the City Engineer or the County of Los Angeles. 28. The applicant shall grant easements to the City, 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. GRADING. DRAINAGE & GEOLOGY 29. The applicant shall submit a grading or drainage plan and geology and/or soil engineering report prior to approval of building plans if required by the City Engineer. 30. The applicant shall provide for the proper distribution of drainage. 31. Prior to final approval, enter into a written agreement with the City of Santa Clarita whereby the subdivider agrees to pay to the City a sum (to be determined by the City Council) times the factor per development unit Reso. P91-49 3 - for the purpose of contributing to a proposed Bridge and Thoroughfare Benefit District to implement the highway element of the General Plan as a means of mitigating the traffic impact of this and other subdivisions in the area. The form of security for performance of said agreement shall be as approved by the City. The agreement shall include the following provisions: Upon establishment of the District and the area of benefit, the fee shall be paid to a special Community Development Department fund. In the event funds are required for work prior to formation of the District, the City Engineer may demand a sum of. $4,800 (or greater as determined by the City Council), times the factor per development unit to be credited toward the final fee established under the District. The subdivider may construct improvements of equivalent value in lieu of paying fees established for the District subject to approval of.the City Engineer. The City Engineer may require the developer to submit a traffic report periodically that addresses traffic congestion and the need to mitigate the problems prior to issuing building permits. Factors for development units are as follows: Development Unit Commercial per acre Factor 5.0 The project is in the Route 126 Bridge and Thoroughfare District 32. Driveways shall be constructed using the City of Santa Clarita alley intersection design 144-01. Applicant shall obtain approval from the traffic engineer for the location of all driveways.. 33. Applicant shall construct and landscape medians on Soledad Canyon Road or, if medians are not desired at this time, shall pay an in lieu fee for the cost of construction, to the satisfaction of the City Engineer. 34. The area included within the projectshall be annexed to an existing landscape district or a new district forms to finance the cost of annual maintenance of the median landscape. If within 5 years the City does not form an area -wide landscape maintenance district for median improvements, the district will be abandoned and the project will no longer be responsible for financing and the annual maintenance of the median landscaping. 35. Applicant shall provide an. irrevocable offer of dedication for reciprocal access rights for the driveway along the west side of the property. 36. Applicant shall acquire N.P.D.E.S. permits if.applicable. Reso. P91-49 4 - TRAFFIC DIVISION 37. Access/egress from/to Soledad Canyon Road shall be restricted to one driveway. 38. Left turns from the project to Soledad Canyon Road shall not be permitted. Appropriate modifications to the raised median shall be made by the applicant to the satisfaction of the City Traffic Engineer prior to occupancy. 39. A right turn lane shall be provided on Soledad Canyon Road for the project driveway. The right turn lane shall be in addition to the standard major highway section. 40. The applicant shall provide the City with documentation which assures that appropriate sight distance is provided for motorists at the driveway intersection with Soledad Canyon Road to the satisfaction of the City Traffic Engineer. PARRS AND RECREATION DEPARTMENT 41. Street trees shall be provided to the satisfaction of the Parks and Recreation Department. Trees used shall be from the City's approved Master Street Tree List. 42. Private trees shall not be placed in the public -right-of-way. 43. The applicant shall submit final landscape and irrigation plans for review and to the satisfaction of the Parks and Recreation Department and the Community Development Department. 44. Median landscaping improvements shall be. made to the medians on Soledad Canyon Road adjacent to the project frontage to the satisfaction of the Director of Parks and Recreation. 45. The applicant shall provide an area which will accommodate a. park maintenance yard to the satisfaction of the City Parks and Recreation Department. 46. The applicant shall provide a passive outdoor employee recreation area to the satisfaction of the Parks and Recreation Department. 47. The applicant shall provide for a landscaped buffer between the project and Canyon Country Park to the satisfaction of the Parks and Recreation Department. COMMUNITY DEVELOPMENT DEPARTMENT 48. The applicant shall obtain the correct zoning for the subject property prior to the issuance of permits. 49. The office building shall not exceed a height of 35 feet from average grade, and shall not exceed a gross floor area of 44,000 square feet. The Reso. P91-49 - 5 - restaurant shall be limited to 6,000 square feet gross floor area with dining areas limited to 2,500 square feet. The only retail use shall be the full service restaurant. No retail uses are permitted in the office building. 50. Parking shall meet or exceed minimum code requirements. 51._ Final architectural elevations and exterior materials samples shall be submitted to the satisfaction of the Community Development Department prior to issuance of a building permit. All structures shall substantially conform to the approved architectural renderings. 52. Impact resistant glass 'shall be used on all windows of the retail/office building facing Canyon Country Park. 53. All trash areas and rooftop equipment on the restaurant shall be screened from all sides. No rooftop equipment shall be located on the office/retail building. 54. All walls visible to the public shall be of decorative block. A decorative block wall six feet in height shall be constructed along the northerly portion of the property line adjacent to the single family residences. 55. No fast food uses or off-site sale of alcoholic beverages are permitted. 56. Deliveries shall be restricted to between 7:00 am and 7:00 pm Mondays through Saturdays. No deliveries shall occur on Sundays. 57. The.applicant shall fence the oak tree during all phases of construction. No encroachment into the protected zone of the oak tree is permitted. 58. The Grading Plan shall provide a drain within the planter area containing the existing oak tree to prevent ponding of water. 59. Prior to the issuance of building permits, the applicant shall submit a lighting plan to the satisfaction of the Director of Community Development and Sheriff's Department. All exterior lighting shall be directed downward and away from residences. 60. All signage for this project shall be considered under a separate site plan review. No signage is approved under this grant. 61. 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. 62. It is further declared and -made a condition of this permit that if any condition hereof is violated, or if any law, statue, or ordinance is violated, the permit shall be suspended and the privileges granted hereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of 30 days. Reso. P91-49 1W.10 CITY OF SANTA CLARITA N E G A T I V E D E C L A R A T I O N XProposed [ ] Final PERMIT/PROJECT: ZC 90-017, CUP 90-034, OTP 90-043 APPLICANT: Bow Enterprises, Inc. MASTER CASE NO: 90-214 LOCATION OF THE PROJECT: 17741 Soledad Canyon Road, west of Canyon Country Park in the Canyon Country area of the City of Santa Clarita. DESCRIPTION OF THE PROJECT: A zone change from A-1-10,000 and R -A-7,500 to CPD, a conditional use permit and an oak tree.permit to allow a 44,000 square foot office building and a 6,000 square foot restaurant on'a 2.69 acre site. Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15065 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [X] City Council [ ] Planning Commission [ ] Director of Community Development finds that the project as proposed or revised will have no significant effect upon the environment, and that a Negative Declaration shall be adopted pursuant to Section 15070 of CEQA. Mitigation measures for this project [ ] are not required. [X] are attached. [ ] are not attached. LYNN M. HARRIS DIRECTOR OF COMMUNITY DEVELOPMENT Prepared by: K��Z Li�(JJ (1�• Laura H. Stotler, Assistant Planner (Signature)/ . (Name/Title) Approved by Donald M. Williams. Senior Planner g ture) (Name/Title) Public Review Period From 12/23/91 To 1/14/92 . Public Notice Given On.12/23/91 By: [X] Legal advertisement. [X] Posting of properties. [X] Written notice. CERTIFICATION