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HomeMy WebLinkAbout1995-05-09 - RESOLUTIONS - MC 91-164 93-012 (2)RESOLUTION NO. 95-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING MASTER CASE NOS. 91-164 AND 93-012, VESTING TENTATIVE TRACT MAP 51599, AND OAK TREE PERMIT 91-033, AND A GENERAL PLAN AMENDMENT FOR LAND USE DESIGNATIONS AND AN AMENDMENT TO THE HIGHWAY NETWORK OF THE CIRCULATION ELEMENT OF THE GENERAL PLAN TO ALLOW FOR THE DEVELOPMENT OF A 996 ACRE PROPERTY KNOWN AS THE BERMITE SITE LOCATED SOUTH OF SOLEDAD CANYON ROAD AND EAST OF SAN FERNANDO AND BOUQUET CANYON ROADS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. Applications for Specific Plan 91-001 and Oak Tree Permit 91-033 (Master Case No. 91-164) were filed by Anden Corporation, (the applicant) with the City of Santa Clarita on October 25, 1991. These applications were deemed complete on February 26, 1992. Subsequently the applicant submitted applications for Vesting Tentative Tract Map 51599 and Development Agx eement 93-003 (Master Case No. 93-012) on February 2, 1993. On March 9, 1993, the City deemed the application complete. The City was notified in August 1993 that Northholme Partners was the new project applicant. The applicant requested a specific plan for a comprehensive plan of development, including proposed modifications to the Circulation Element of the General Plan and the Unified Development Code within the project area. The plan proposed 1,678 single family homes and 1,560 multiple family homes on 399 acres; 91 acres of commercial and industrial uses; 14 acres of institutional uses; 434 acres of open space and recreational uses; 58 acres of streets; and the provision of related infrastructure on the site's 996 acres. A vesting tentative tract map was requested to subdivide the 996 -acre site into 76 master lots to be further subdivided by merchant builders into future tract maps. An oak tree permit was requested to allow for the removal and/or encroachment into the protected zones of up to 73 native Oak Trees, including as many as five heritage size oak trees. A development agreement was requested, however, the details of the agreement are yet to be negotiated. The project also proposes a General Plan Amendment to the Highway Network of the Circulation Element of the General Plan, including the substitution of Santa Clarita Parkway for Rio Vista as a north/south corridor and the connection of Magic Mountain Parkway to Via Princessa, a portion of which crosses the designated open space of Circle J. The site is known as the Bermite site located south of Soledad Canyon Road, east of Bouquet Canyon Road/San Fernando Road; north of the Circle J Ranch Community; and west of the Golden Triangle Industrial area. The assessor parcel numbers for the project are 2836-012-010, 011, 012 and 019. b. The General Plan presently designates the project site RS with a Valley Center Overlay on the northwest portion of the site. The General Plan specifically mentions the Bermite site as an area ideal for a specific plan. Zoning on the site is presently RS (Residential Suburban), BP (Business Park), and OS (Open Space). w c. The project site is located in a hillside terrain with slopes in excess of 10%. d. The City of Santa Clarita prepared an Initial Study for the project which determined that the project may have a significant effect on the environment and that an environmental impact report must be prepared. A Notice of Preparation (NOP) for the Specific Plan and Oak Tree Permit was mailed on April 8, 1992 to affected agencies. Following submittal of the Vesting Tentative Tract Map and Development Agreement applications, a subsequent NOP was prepared and mailed on February 12, 1993. e. Since 1992 the City has leased a ten -acre portion of the project site for use as the Santa Clarita Metrolink commuter rail station. The Specific Plan also proposes to provide corridors and construct portions of two proposed east -west arterials (Santa Clarita Parkway and Magic Princessa) that will provide alternative circulation routes through the center of the City which is presently in need of such roadways. The Specific Plan also includes an escalator and trail connection between the commercial and residential areas and the commuter rail station. The City of Santa Clarita Development Review Committee met and supplied the applicant with draft conditions of approval. g. The project has since been redesigned to subdivide the 996 -acre parcel and allow the following land uses: 406.95 acres open space, 41.75 acres for parks and recreation, 10 acres for schools, 56 acres for streets, 4 acres for institutional uses, 299.8 acres for single family residential uses (1,244 units), 85 acres for multi- family residential uses (1,667 units) and 92 acres of commercial and industrial uses. An oak tree permit requests the removal of a maximum of 104 non -heritage size oak trees and five heritage size oak trees out of the 182 oak trees (including 10 heritage size oaks) located on-site. h. The site was previously used as an ammunition, explosives and flares manufacturing and testing facility. Operations on the site were terminated in 1987. Heavy metals and other hazardous materials contaminated the site as a result of the previous use. A total of 14 hazardous waste cleanup sites, referred to in the project EIR as hazardous waste management units (HWMU's) have been identified and 13 have been cleaned -up under the direction of the California Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection Agency. The 13 identified sites have received clean closure 2 RESO NO. 95-42 Page 3 certification from DTSC. Remediation efforts are continuing on the remaining open site. Information on an additional 64 HWMU's where hazardous waste has been identified is in the project EIR. Extensive grading and landform alteration have occurred over most of the site resulting in major surface disturbance, alteration of topographic relief, and modification of natural drainage patterns. The project proposes the extension of all utility services to the project site. j. Article 8-- Specific Plans Sec 65451 et seq. of the California Planning and Zoning Laws defines the contents which must be included in a specific plan as follows: (a) A specific plan shall include a text and a diagram or diagrams which specify all of the following in detail: (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. (2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. (4) A program of implementation measures including regulations, programs, public work projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). ., (b) The specific plan shall include a statement of the relationship of the specific plan to the general plan. k. Section 17.16.030 of the City's Unified Development Code (UDC) identifies general requirements and performance standards for a specific plan zone. A Specific Plan Zone shall: (a) Include a minimum of 100 contiguous acres. (b) Be determined by the Council after considering the recommendation of the Planning Commission. RESO NO. 95-42 Page 4 (c) Provide for the development of a comprehensively planned community within the zone that is superior to development otherwise allowable under alternate regulations. (d) Provide for development within the zone in a manner consistent with the General Plan and with related development and growth policies of the City. (e) Provide for the construction, improvement, or extension of transportation facilities, public utilities, and public services required by development within the zone. 1. The design of the project concentrates development within areas disturbed by the previous industrial uses. The project proposes grading on approximately 603 acres of the project site. The total amount of grading involves approximately 18 million cubic yards of cut and 18 million cubic yards of fill, balanced on-site. in. An Environmental Impact Report and Addendum thereto have been prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act. n. The Draft Environmental Impact Report (DEIR) was circulated for review and comment by the affected governmental agencies and all comments received have been considered. The review period for the DEIR was from September 27, 1993 to November 12, 1993. A Final EIR (FEIR) dated January 7, 1994, was prepared which included responses to comments received on the DEIR. As a result of public and Planning Commission comments on the project and the FEIR, the applicant modified his project. The Planning Commission directed staff to provide environmental analysis of the modified proposal and an FEIR Addendum was prepared dated April 8, 1994. A mitigation monitoring and reporting plan (MMRP) has been prepared for this project in accordance with CEQA and adopted by the Planning Commission simultaneously herewith pursuant to Resolution P94-04. o. The Planning Commission went on a tour of the Central Circulation System of the City on September 12, 1993. The purpose of this tour was to see the various sites where potential future roadways are proposed to be constructed. This tour included viewing the site and proposed roadways in the Porta Bella Specific Plan proposal including Santa Clarita Road and an extension of Magic Mountain Parkway. P. The Planning Commission received an informational presentation about the Porta Bella Specific Plan proposal at their regularly scheduled meeting on n RESO NO. 95-42. Page 5 October 5, 1993, at 7:00 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. This presentation was given by the applicant and his consultants. Staff updated the Commission on the status of the EIR processing and let the applicant give a background on the project. The Commission also set a preliminary date for a tour of the Bermite site for Saturday, November 13, 1993. q. Several duly noticed public hearings were held by the Planning Commission commencing on October 19, 1993, at 7:00 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At that hearing the Planning Commission received a staff report from Kevin Michel, Senior Planner, and a review of the DEIR, save traffic/circulation issues, from the City's EIR consultants Tom Worthington and Randy Nichols of Impact Sciences, Inc. The staff report for that hearing reviewed existing state law and the City's General Plan and Zoning Code regarding Specific Plans; General Plan and Zoning Conformity; the relationship of the project to the Valley Center Concept and other elements of the General Plan; relationship to the Civic Center Project and Central City Circulation; and a review of environmental issues and alternatives included in the DEIR. The Commission identified areas of concern for further ^' study and continued the public hearing to a field visit for the Porta Bella site for Saturday, November 13, 1993 at 9:00 a.m., beginning in the Council Chambers. The Planning Commission held a continued public hearing which included a field trip to the Porta Bella site on Saturday, November 13, 1993. at 9:00 a.m., beginning in the Council Chambers. The Commission conducted a detailed site visit of the Bermite/Porta Bella property, including 14 viewing points. The Commission continued the public hearing to the regularly scheduled Planning Commission meeting on November 16, 1993. At the continued public hearing held on November 16, 1993, the Planning Commission discussed the field trip of November 13, 1994, identified more areas of concern and received a presentation from the traffic consultant, Justin Farmer of Justin Farmer Transportation Engineers, about traffic issues discussed in the DEIR and Specific Plan. The Planning Commission continued the public hearing to the regularly scheduled Planning Commission meeting on December 21, 1993. On December 21, 1993, the Planning Commission held a continued public hearing. In the staff presentation, staff provided a detailed review of the proposed land uses on the site. The staff report focused on the potential revision to the Magic Mountain/Via Princessa corridor; the relationship of the Porta Bella and Civic Center projects; General Plan Consistency; and the Land Use Section (Chapter 3) of the Specific Plan. This public hearing was continued to a study session on January 11, 1994, to address all issues other than traffic and RESO NO. 95-42 Page 6 circulation The continued public hearing held on January 11, 1994 was a study session where the Commission discussed issues other than traffic and circulation including consistency with the General Plan; consistency with the Valley Center Concept; consistency with the Bermite section of the General Plan; proposed land uses and their location; relationships to the Civic Center Project; relationships to the Circle J communities; impacts on school, fire, police, and other services; public testimony received to date; oak tree impacts; open space and recreation; and, potential development agreement issues. The Commission continued this public hearing to the next regularly scheduled Planning Commission meeting on January 18, 1994. The regularly scheduled Planning Commission meeting on January 18, 1994, was postponed due to the Northridge Earthquake which occurred the previous day. The meeting scheduled for January 18, 1994, was rescheduled and so noticed to February 1, 1994 at 7:00 p.m. in the meeting room at the Bank of America, 23929 Valencia Boulevard, Santa Clarita. On February 1, 1994, the Planning Commission held a continued public hearing. At that hearing the Commission conceptually approved Phase 1 of the project and discussed the elimination of 'Y" lots, the need for project compatibility adjacent to Circle J, and the need for additional analysis of the Magic Mountain/Via Princessa Corridor. The public hearing was continued to the regularly scheduled Planning Commission meeting on March 15, 1994. On March 15, 1994, the Planning Commission held a continued public hearing at 7:00 p.m. at the William S. Hart School District Board Room, 21515 Redview Drive, Santa Clarita. At this hearing the applicant presented the revised project to the Planning Commission as described in Section 1g, including an approximate 10% reduction in residential units, the elimination of "T' lots, the elimination of a multi -family project on lot 26 adjacent to Circle J and the use of larger lots adjacent to Circle J, and the Magic Mountain/Via Princessa corridor. The applicant and his consultant Monica Simpson of the SWA Group made a slide presentation on the various product types to be used in the project. The City's EIR consultant Mr. Randy Nichols of Impact Sciences gave an initial overview of the impacts of the proposed Magic Mountain\Via Princessa alignment. Impacts of the roadway alignments upon Circle J were discussed. The Commission continued the hearing to the regularly scheduled Planning Commission meeting on April 20, 1994. The FEIR Addendum was completed on April 8, 1994 and copies were immediately made available to the public and the Planning Commission. This FEIR Addendum included a complete analysis of the modified project and the Magic Mountain/Via Princessa corridor, including a traffic study evaluating this proposed modification to the General Plan network. RESO NO. 95-42 — Page 7 At the regularly scheduled Planning Commission meeting of April 20, 1994, held at the William S. Hart School District Board Room, the Commission conceptually approved the project 3-1 (Woodrow dissenting vote, Doughman absent) and directed staff to return to the Commission with conditions of approval and a resolution approving Vesting Tentative Tract Map 51559, Oak Tree Permit 91- 003, contingent on City Council approval of the Specific Plan; certifying Final Environmental Impact Report and Addendum SC 92-041041 and adopting a Statement of Overriding Consideration; and recommending that the City Council shall approve the Porta Bella Specific Plan as modified by the Commission and process a Development Agreement with Planning Commission input. The Planning Commission continued this public hearing to the regularly scheduled meeting on June 7, 1994. The project was re -noticed for the June 7, 1994 hearing. At the regularly scheduled Planning Commission meeting of June 7, 1994, held in the City Council Chambers, the Commission directed staff to make modifications to the conditions of approval, mitigation monitoring and reporting plan and resolutions approving this project. The Commission also asked for further information and clarification on hazardous and solid waste cleanup '— issues. The Commission requested additional information regarding the 64 additional sites in addition to the 14 HWMU sites. The Commission directed staff to return to the following meeting. The Planning Commission continued this public hearing to the regularly scheduled meeting on June 21, 1994. r. At the regularly scheduled meeting of June 21, 1994, the Planning Commission received updated information on the status of hazardous waste site cleanup on the site and received modified conditions of approval, a mitigation monitoring and reporting plan and resolutions approving this project as directed by the Commission on June 7, 1994. The information regarding the additional 64 non RCRA sites had already been commented on and referenced in the DEIR, FEIR, FEIR Addendum and MMRP. S. The Planning Commission adopted Resolution P94-07, approving Master Case Nos. 91-164 and 93-012, Vesting Tentative Tract Map 51599, Oak Tree Permit 91-033 and recommending approval of Specific Plan 91-001, including the amendment of the Highway Network of the Circulation Element of the General Plan and certification the FEIR and FEIR Addendum (SC -041040) to the City Council. t. Three appeals of the Planning Commission's decision were filed with the City Clerk of the City of Santa Clarita and are as follows: 1) An appeal of the Planning Commission's decision was filed by Mr. Everett RESO NO. 95-42 Page 8 Scott of the Keysor-Century Corporation on June 29, 1994. 2) An appeal was filed on June 30, 1994, by Mr. Dean Cheeseman and several other members of the Circle J Ranch and Placerita Canyon Homeowners. 3) An appeal was filed on July 19, 1994, by Mr. Salvatore Veltri, representing Northolme Partners. Mr. Veltri was appealing certain conditions of the project approval. U. Numerous duly noticed public hearings were held by the City Council and are summarized as follows: (a) The City Council received an informational presentation about the Porta Bella Specific Plan proposal at a City Council Study Session on September 29, 1993 at 7:00 p.m. at City Hall in the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita (hereafter, City Council Chambers). This presentation was given by the applicant and his consultants. Staff updated the City Council on the processing and status of the EIR. (b) The City Council received a subsequent informational presentation regarding the Porta Bella project at a City Council Study Session on June 29, 1994, in the City Council Chambers, following the Planning Commission decision to approve the project on June 21, 1994 This was an informational session only. The presentation by staff reviewed slides depicting the project design, land uses, densities, and product types. Staff updated the Council regarding the Planning Commission hearings on the project and the EIR. (c) Numerous duly noticed public hearings (including field trips) were held by the City Council commencing on August 23, 1994, at 6:30 p.m. in the City Council Chambers. Staff presented a detailed project description, including: Specific Plan No. 91-001; Vesting Tentative Tract Map No. 51599; Development Agreement No. 93-003; Oak Tree Permit No. 91-033; and DEIR/FEIR SCH 92-041041. Staff described the project as modified by the Planning Commission, including: 2,911 dwelling units, consisting of 1,244 single-family homes and 1,667 multi -family units; 106 acres of commercial, office, and business park; and over 450 acres of open space on a total of 996 acres. Staff presented summaries of the three appeals. One, by Dean Cheeseman, Carl Kanowsky, et. al, appealed all aspects of the project as approved by the Planning Commission without any specificity. Another, by the project applicant, Sam Veltri of Northholme Partners, appealed the language of Traffic Condition TE -1, arguing that RESO NO. 95-42 Page 9 as drafted, the condition could mandate the project to contribute more than its fair share of infrastructure improvement in comparison to the impacts of the project. The last, by Everett Scott, Jr., Vice President of Keysor-Century and his designated representative, Roger Hutchinson, was on behalf of Keysor-Century, a business and property owner, that could be impacted by the proposed bridge extension of Magic Mountain Parkway, argued that the alignment should be explicitly defined. Staff initially presented the project and appeals as two separate items. The Council heard extended public testimony from the applicant and the general public, at this and all the other subsequent meetings and study sessions, except where noted. Council directed staff to combine the items into a single agenda item in future hearings. The Council moved to continue the public hearing to a field trip, beginning at the Santa Clarita Metrolink and Transportation Center, which is located on that portion of the project area fronting on Soledad Canyon Road, on September 24, 1994 at 7 a.m.. The Council also moved to hold a joint study session with the Planning Commission on October 4, 1994, at 7 p.m. to discuss the Planning Commission review process and decision for Porta Bella. (d) At 7 a.m., on September 24, 1994, the City Council reconvened the public hearing for the Porta Bella project at the Santa Clarita Metrolink and Transportation Center on the Bermite site, the area proposed for the Porta Bella development. Staff and the applicant conducted a comprehensive field visit, describing: road alignments; product types and locations; areas impacted by hazardous wastes; the relationship to the Civic Center property and the Civic Center Master Plan; project impacts and proposed mitigation; and issues relating to the three appeals filed on the project. At the conclusion of the field tour, the City Council continued the public hearing to the regularly scheduled City Council meeting on October 11, 1994. (e) Though not specifically a Porta Bella hearing, the City Council conducted a Study Session on September 14, 1994, in the City Council Chambers, regarding the proposed General Plan Amendment to revise the Circulation Element and Network of Arterial Highways, including direction to staff to continue additional traffic modeling. The Circle J community presented four alternative corridors to the Magic/Princessa alignment proposed by the project applicant. The Porta Bella Specific Plan includes a General Plan Amendment to modify the Circulation Element of the General Plan. (f) On October 4, 1994, at 7 p.m., in the City Council Chambers, the City Council and the Planning Commission conducted a joint study session to m RESO NO. 95-42 Page 10 review the Planning commission's deliberations and decisions regarding the Porta Bella project. The Commission reviewed their deliberations regarding: General Plan consistency; project characteristics such as density, product types, and design guidelines; the importance of linking land use and transportation planning, as proposed by the plan; project modifications mandated by the Commission, including density reductions, reduced grading impacts, and the Magic/Princessa connection; hazardous waste status, cleanup, and the adopted conditions of approval; roads and infrastructure and the applicant's fair share; oak tree impacts and mitigation; the EIR and Addendum; the Statement of Overriding Consideration; the development agreement; and the appeals of the Planning Commission decision. This was an informational meeting only, and no decisions were made. (g) The City Council resumed the public hearing for the project on October 11, 1994, at the City Council Chambers. Staff reviewed the various aspects of the project application and the three appeals filed against the Planning Commission decision. The City's Environmental Consultant, Randy Nichols of Impact Sciences, gave a detailed presentation on the Environmental Impact Report and Addendum, discussing impact areas, mitigation measures, and the Statement of Overriding Consideration adopted by the Planning Commission. Carla Slepak, from the California Environmental Protection Agency/ Department of Toxic Substances Control described their work in reviewing the existing conditions on site, the requirement for site cleanup, and their coordination with City staff in drafting the conditions of approval and mitigation measures that were approved by the Planning Commission. Council directed staff to work with the applicant regarding his appeal of Traffic condition TE -1 and to set up guidelines for a reimbursement district to satisfy the requirement. The Council discussed: results of the traffic modeling study, proposed roadways, and traffic mitigation; hazardous waste and the need to cleanup the site; and, liability and insurance issues. The Council moved to continue the public hearing to November 8, 1995, in order to discuss the site visit, the joint City Council/ Planning Commission meeting, and the public testimony received to date. (h) The City Council resumed the public hearing for the project on November 8, 1994, in the City Council Chambers. Staff reviewed the issues involved in each of the three appeals filed on the project. As directed by Council, staff had prepared extensive comments to respond to a letter from Carl Kanowsky, the designated spokesperson for the Circle J homeowners et. al. appeal and legal representative for certain small business owners located on Springbrook Avenue, and these responses were reviewed at the 10 RESO NO. 95-42 Page 11 meeting. The Council discussed hazardous wastes and the necessity to clean the entire site before constructing the project, traffic impacts, the release of legal opinions, the unacceptableness of the Oakdale Canyon Bridge, ground and water contamination, fault lines, impacts on small businesses, the role of the CaIEPA/ DTSC in managing the site cleanup, road financing, the General Plan amendment of the circulation element proposed by the project, and impact of proposed new roads and bridges on property owners. Council moved that staff should continue to work on the appeals' issues, require that the entire site be cleaned up prior to allowing new construction, examine the impact of roads and to look for an alternative to the bridges, and to not certify the EIR at this time pending additional review. The meeting was continued to the November 22, 1994, City Council meeting. (i) At the meeting on November 22, 1994, at the City Council Chambers, the Council reviewed the traffic conditions for the project. The feasibility of an at -grade crossing to extend Magic Mountain Parkway was reviewed. The proposed bridge over Oakdale Canyon was discussed, including other available options. The EIR analysis of these issues was reviewed. The potential impacts of new road infrastructure on property owners were reviewed, including compensation, condemnation, and relocation. The Council directed that staff release City Attorney analyses on the project to the public. The meeting was continued to December 13, 1995, City Council meeting. 0) At the continued public hearing on December 13, 1995 in the City Council Chambers, the staff reviewed staff responses to questions raised at the November 22, 1994, City Council meeting. Staff reviewed the Consent Order, which mandates the investigation and cleanup of the site, agreed to between CaIEPA/ DTSC and Whittaker/ Bermite, the property owner. Staff reviewed the impracticality of an at -grade crossing to extend Magic Mountain Parkway over San Fernando Road and the railroad tracks. Staff reviewed the aspects of the project as approved by the Planning Commission, including phasing, road infrastructure, and the EIR Addendum. The Council did not take public testimony, but continued the item to an adjourned meeting on January 31, 1995, 6:30 p.m., for the specific purpose of discussing Porta Bella with at least two Planning Commissioners. (k) The City Council, with members of the Planning Commission, met on January 31, 1995, in a public hearing exclusively devoted to the Porta Bella Specific Plan et. al. and the three appeals filed against the Planning Commission approval and recommendation. The Planning Commissioners 11 RESO NO. 95-42 Page 12 reviewed the major issues that they considered in making their recommendation to the City Council. The applicant and community representatives reported on various meetings held to reach compromise and/or a consensus position. The Council heard extensive public testimony and directed staff to respond in writing to all the questions raised. The applicant offered a revision to the project in schematic form, which greatly reduced the impact in the Circle J open space. The revised proposal does away with the Magic/Princessa major highway connection and substitutes Magic Mountain Parkway as a four -lane collector that °T"'s into Via Princessa, which is located primarily on the project site with minimal impacts to the Circle J open space and includes the elimination of the Oakdale Canyon Bridge. Because of concerns raised over the extension of Magic Mountain Parkway across San Fernando Road, particularly, whether it should be a bridge or not and what specific properties might be impacted, the Council continued the public hearing to 4 p.m., February 21, 1995, at Divided Lite, 25835 Springbrook Avenue, Santa Clarita. (1) The City Council and Planning Commission convened a joint meeting at 4 p.m. on February 21, 1995, at the parking lot of Divided Lite, 25835 Springbrook Avenue, Santa Clarita. Staff provided background on the existing Circulation Element of the General Plan, which indicates the extension of Magic Mountain Parkway through the Springbrook area. Staff reviewed the Civic Center Master Plan, approved by Council and referenced in the EIR, which included a matrix ranking various alternatives to extend Magic Mountain Parkway, and which favored a grade -separated extension generally proceeding along the existing alignment as defined by the new bridge crossing the South Fork of the Santa Clara River. The applicant reviewed various alignment proposals for the extension of Magic Mountain Parkway, which included markings in the field to depict the proposed location and height of the bridge. At the conclusion of the meeting, the City Council continued the meeting to March 28, 1995, and directed the applicant to continue working with staff, property owners, and businesses in the area. (m) At the continuation of the public hearing on March 28, 1995, in the City Council Chambers, staff reviewed the detailed responses prepared to all the issues raised at the January 31, 1995, meeting by the public and by the City Council. These issues included, but were not limited to: condemnation issues; EIR issues; hazardous waste; project density; insurance and indemnification; off-site roadway segments; OSHA requirements; Placerita Special Standards; the proposed school site; Springbrook businesses; streams; and trails. The staff report, in brief, 12 RESO NO. 95-42 Page 13 indicated that the applicant proposes to extend Magic Mountain Parkway with a bridge that primarily impacts the Keysor-Century and Hasa properties, rather than the small business owners on Springbrook. The applicant proposes to work with the affected property owners. The applicant reaffirmed the commitment to eliminate the Magic/Princessa connection as a six -lane highway substantially encroaching into Circle J Homeowners open space and requiring the Oakdale Canyon bridge, and substituted the extension of Magic Mountain Parkway as a 4 -lane collector, primarily within the project area, with minimal disturbance to the Circle J open space, and which "T"s into the proposed Via Princessa alignment. The applicant proposed to dedicate sufficient right-of-way for 6 lanes. The report provided additional testimony that an at -grade crossing for the Magic Mountain extension is infeasible. Three alignment studies for the proposed Santa Clarita Parkway, prepared by the applicant, were discussed, with the applicant favoring an alignment consistent with the previously submitted feasibility alignment submitted to staff, intersecting with the public portion of Placerita Canyon and generally between the existing industrial and residential uses, providing a landscaped and bermed buffer. The off-site extension of all proposed roadways, including Santa Clarita Parkway, Via Princessa, and Magic Mountain Parkway, will require additional environmental review tiered to the environmental work already prepared for the project. The applicant agreed to realign Via Princessa so that the centerline is no closer than 400 feet to the southern property line, with the area to the south of the alignment to be developed with large lot estate homes or to be left at open space, with this determination to be made by the homeowners association for the homes south of the property line. Regarding the status of the appeals, the applicant and staff continued to work on revised language for Traffic Condition TE -1. A number of the proposed design changes offered by the applicant address concerns of the various Circle J neighborhoods. The applicant continued to prefer an alignment that primarily impacts Keysor- Century and the Hasa companies while limiting impacts on the small Springbrook businesses. At the close of the hearing, the Council continued the item to the April 11, 1995, regularly scheduled City Council meeting, directing that public testimony should be limited to the Keysor-Century appeal. (n) At the meeting of April 11, 1995, the Council reviewed issues regarding the three appeals. The City's Environmental Consultant, Impact Sciences, reviewed issues studied in the Environmental Impact Report. Council reached consensus regarding various project modifications, including: 13 RESO NO. 95-42 Page 14 a. The entire site must be cleaned prior to new development. b. Curb, gutter, and landscaping on Springbrook, north from Drayton Street. C. No construction traffic on Springbrook Avenue. d. Drainage improvements and a second access for Oak Orchard. e. Project will adhere to future building and seismic codes. f. Equestrian crossings for Santa Clarita Parkway. g. A gate guarded entry from Via Princessa to Karrie Lane. h. Relocation of Magic Mountain and Via Princessa further from existing homes. i. No Oakdale Canyon bridge, and impact to Circle J Open Space very minimal. j. A berm and landscape plan for Magic Mountain Parkway and Via Princessa. k. Magic Mountain as a four -lane collector on site, with right-of-way for two more lanes. The Council continued the meeting to the April 25 meeting, indicating that testimony would be limited to the draft conditions of approval for the project. Furthermore, the Council indicated that written comments could be submitted until April 28, with the applicant having until May 3 to respond to comments. (o) On April 28, 1995, staff and the applicant apprised the Council of the status of the negotiations of the appeal filed by Keysor- Century, and the proposed settlement of the issue. Staff presented additional background regarding the project site. The revised language for Vesting Tentative Tract Map Condition TE -1, agreed to by staff and the applicant, was reviewed and approved as modified. The Council heard testimony and closed the public hearing, except as noted above for written comments. -Staff reiterated that due to the all-encompassing nature of the Circle J et. al. appeal, that their issues were addressed in testimony, by project modifications by the applicant, and by staff responses, in writing, to the various issues brought up. Via the adoption of Resolution 95-41 (including a Mitigation Monitoring Program), the Council moved to certify the EIR and Addendum, and to adopt a Statement of Overriding Consideration. After discussion, the Council continued the meeting to the May 9, 1995 City Council meeting. (p) On May 9, 1995, after discussion regarding the project and the conditions of approval, the Council moved to affirm the Planning Commission's approval of the Tract Map and the Oak Tree Permit, to adopt the Specific 14 RESO NO. 95-42 —' Page 15 Plan, including modifications to the Zoning Map, General Plan Land Use Map, and General Plan Circulation Network, as approved and modified by the City Council. The Council further moved to refer the Development Agreement back to the Planning Commission for their advice, as required by City Ordinance, prior to Council review and action. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearings held for the project, and upon studies and investigations made by the City Council and on its behalf, the City Council further finds as follows: a. At the hearings described above, the City Council considered staff presentations, staff reports, Planning Commission resolutions, applicant presentations, and public testimony on the proposal, and the FEIR and FEIR Addendum prepared for the project. b. The design of the subdivision and the type of improvements will not cause serious public health problems, since water, sewage disposal, fire protection and hazardous material cleanup are addressed in the MMRP and Conditions of Approval. C. The project complies with the general requirements and performance standards for the Specific Plan Zone. The project is consistent with the intent of the Specific Plan Zone which was created to: facilitate development of certain areas by permitting greater flexibility and consequently, more creative and imaginative designs; promote more economical and efficient use of land while providing a harmonious variety of choices, higher level of amenities, and preservation of natural and scenic qualities of open space; and ensure that development substantially conforms to the approved plans. d. The project is consistent with the intent of the City's General Plan. The City's General Plan identifies the Bermite site as being appropriate for a specific plan. Following Council redesignation of the project site to SP (Specific Plan) on the City's General Plan land use map, zone changes to SP (Specific Plan Zone) as identified in the Specific Plan for this project and adoption of the Specific Plan, this project will be consistent with the City's General Plan and Zoning Ordinance. The addition of Santa Clarita Parkway to the Circulation Network of the General Plan substitutes for the deletion of Rio Vista Road as a north -south corridor due to the close proximity of the two corridors. Santa Clarita Parkway is superior in that it avoids the issue of creating excess capacity directly adjacent to San Fernando Road. Main Street and "D" Street provide a north -south corridor connecting Soledad Canyon Road and Magic Mountain\Via Princessa and serve as the Bermite Connector. 15 RESO NO. 95-42 Page 16 e. The Final Environmental Impact Report and Addendum identify certain significant environmental effects. The Final Environmental Impact Report and Addendum identify feasible mitigation measures for each of these impacts with the exclusion of air quality, biological resources, aesthetics, light and glare, risk of upset/health hazard, transportation and circulation, and cumulative solid waste impacts which cannot be avoided through mitigation. The identified mitigation measures have been incorporated into the Mitigation Monitoring Reporting Plan (MMRP) and conditions of approval for the project. The Addendum studies the connection of Magic Mountain Parkway to Via Princessa by the "Magic/Princessa" corridor. The traffic study concluded that the proposed road would offer circulation benefits and that the noise, visual, and aesthetic impacts would not be significant and could be mitigated. f The City Council has adopted a Statement of Overriding Considerations for those impacts in the project which cannot be mitigated to less than significant levels and certified the FEIR and FEIR Addendum (SC 92-041040) (Resolution 95-41, adopted April 25, 1995.) SECTION 3. Based upon the foregoing facts and findings, the City Council hereby finds as follows: a. An FEIR and FEIR Addendum, Mitigation Monitoring and Reporting Plan (MMRP) and a Statement of Overriding Considerations for this project have been prepared and circulated in compliance with the California Environmental Quality Act and adopted as certified as required by that Act. b. This project as modified by the City Council will not adversely affect the health, peace, comfort or welfare of persons residing in the area; nor be materially detrimental to the use, enjoyment, or valuation of property in the vicinity of the project site; nor jeopardize, endanger or otherwise constitute a menace to the public health, safety, or general welfare since the project conforms with the zoning ordinance and is compatible with surrounding land uses. C. The project is compatible with existing development in the area, consistent with the City's General Plan and Zoning. d. The applicant has substantiated the findings for approving a vesting tentative tract map and oak tree permit. e. That the substitution of Santa Clarity Parkway for Rio Vista Road, that the identification of Main Street and Road "D" as the Bermite Connector and that the proposed "Magic Mountain Extension' are appropriate modifications of the 16 RESO NO. 95-42 Page 17 Highway Network of the Circulation Element of the General Plan with the adoption of a General Plan Amendment in conjunction with the Specific Plan. SECTION 4. The City Council hereby approves Master Case Nos. 91-164 and 93-012, Vesting Tentative Tract Map 51599 and Oak Tree Permit 91-033 a general plan amendment and subject to 1) the conditions which are attached hereto and incorporated herein by this reference, marked as Exhibit "A", and 2) Specific Plan 91-001, and the Council hereby amends the Highway Network of the Circulation Element of the General Plan to include the addition of the Magic Mountain Parkway connector, Santa Clarita Parkway, the recognition of Main Street and "D" Street as the Bermite Connector and the elimination of Rio Vista SECTION 5. The Council shall certify to the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken PASSED, APPROVED AND ADOPTED this 9th day of r1ay 1995 O ATTEST: TY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the oo t h day of r1 ay 19-2 5 by the following vote of Council: 17 RESO NO. 95-42 Page 18 AYES: COUNCIL MEMBERS: Heidt, Pederson, Boyer, Smyth, Darcy NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None KJM:Iep s: \cd\cunent\pbcme&5.kjm ff.] TY CLERK FINAL CONDITIONS OF APPROVAL: CITY OF SANTA CLARITA Resolution 95-42, Exhibit "A" Vesting Tentative Tract No. 51599; Oak Tree Permit No. 91-033 Master Case No.'s 91.164 and 93.012 --Porta Bella Specific Plan Adopted by City Council May 9, 1995 COMMUNITY DEVELOPMENT DEPARTMENT Development Services Division (DS) DS -1 The master vesting tentative tract map shall incorporate the revised network as indicated in Exhibits AA and BB. DS -2 The project land uses, densities, road network and product yields shall be as depicted in exhibits "B" and "C" attached, as modified by the City Council and reflected in Exhibits AA and BB. The draft Porta Bella Specific Plan is exhibit "D," the cover of which is attached. The complete draft exhibit "D" is available in the Community Development Department. The language and exhibits included in the Porta Bella Specific Plan, exhibit "D," shall be modified to reflect the changes delineated in the previous exhibits and the conditions of approval to the satisfaction of the Director of Community Development. DS -3 The Porta Bella Specific Plan, "Exhibit D," as modified by the City Council and reflected in Exhibits AA and BB, shall be the governing land use and planning document for the Porta Bella site. Future tract maps, product designs, improvements, and infrastructure must be consistent with the Specific Plan, as updated in accordance with City Council modifications of the project during the public hearing process. DS -4 The approval of the master tentative tract map and the oak tree permit are contingent on City Council approval of the Porta Bella Specific Plan. DS -5 On -street parking may be permitted at the discretion of the Community Development Department. DS -6 The use of "Z" lots is not permitted. DS -7 Lot 26 will become an open -space lot. The multi -family project originally proposed for Lot 26 will be eliminated from the project. The grading contour lines on the Vesting Tentative Tract Map shall be adjusted accordingly and the lot shall be designated an Open Space lot, subject to the requirements of other open space lots. DS -8 Drive-through restaurant uses are not permitted in the Town Center District DS -9 Exhibit "E" identifies the phasing used for the purposes of the traffic study. The phasing on the Master Vesting Tentative Tract Map shall be consistent with this exhibit. Grading activities may cross phase boundaries. The development and occupancy of residential and commercial products shall be phased and consistent with Exhibit "E," as hereby modified by exhibits AA and BB. The revised Specific Plan, exhibit "D," shall include a table to the satisfaction of Community Development summarizing the intensity of land uses in each phase of exhibit "E" consistent with exhibits "A, B, and C," as hereby modified by exhibits AA and BB. DS -10 A homeowner's association (HOA) or other entity, to which the City is made a party to with right of enforcement, shall be formed prior to recordation of the final map to have responsibility and authority as indicated in these conditions to the satisfaction of the City. DS -11 The applicant shall provide and maintain private alleys to the satisfaction of the Community Development Department for the paired single-family homes fronting on Green Street as indicated in the Specific Plan. The alleys will be private driveways, and shall be maintained by the HOA. No gated alleys, driveways or streets are approved with this project. DS -12 The Mitigation Monitoring Plan is attached as Exhibit "F." The applicant is responsible for implementing the mitigation measures to the satisfaction of the City for the life of the project. Mitigation Measures RU -1 and RU -3 are superseded by the following language: For the entire 996 acre site, the applicant and/or future developer shall provide evidence, to the satisfaction of the City, of proper hazardous waste identification and remediation, from California Environmental Protection Agency/ Department of Toxic Substances Control. DS -13 The people mover/escalator shall be noted on the master vesting tentative map. This improvement shall be constructed during the final phase of development. Any modification to the existing multi -modal station necessary to accommodate the people mover/escalator shall be at the expense of the developer and to the satisfaction of the City. DS -14 Future tract maps will be required to further subdivide the property. Plot Plan Applications will be required if further tract maps are not necessary, subject to appropriate conditions of approval. Additional studies, including but not limited to, oak trees, geology, and traffic may be required. Additional conditions and requirements may be placed on subsequent tract maps and plot plans to the satisfaction of the City. DS -15 All grading activities on the property, which is composed of approximately 996 acres and is commonly know as the Bermite Site, located south of Soledad Canyon Road and east of Bouquet Canyon and San Fernando Roads ("Project Site"), shall be continuously monitored on-site for hazardous and solid waste materials to the satisfaction of appropriate agencies, including the City. If "hazardous" or "toxic" wastes are encountered, work must be stopped in that area and the appropriate agencies, including the City, shall be notified. Mitigation measures imposed by the appropriate agencies, including the City, shall be adhered to. The current owner of the Project Site, Whittaker Porta Bella Development, Inc. and Whittaker Corporation, and any future owners (except for the ultimate purchaser/user of individual parcels of property), as well as the applicants (including, but not limited to, Miden Corporation, Miden Northholme 2 Partners, BMC Northholme Corp., Northholme Partners), for each of them and each of their successors and assigns (which indemnifiying parties are hereinafter referred to as "Indemnifying Parties") shall execute an indemnity and hold harmless agreement in which the Indemnifying Parties agree to indemnify, protect, defend (with counsel acceptable to the City) and hold the City harmless from any and all liability, costs, fines, penalties, charges and/or claims of any kind whatsoever (including, but not limited to, the death or injury of any person) ("Liability") caused by, arising from, or by reason of, the presence of any "toxic" or "hazardous" substance or material, as those terms are currently or hereinafter defined in California or federal law, whether presently found on the Project Site or later discovered on the Project Site. A current definition of "toxic" and "hazardous" materials, as defined in California and federal law, is attached hereto as Exhibit "G". Notwithstanding the foregoing, and Indemnifying Party shall not be required to indemnify the City for any Liability arising from "toxic" or "hazardous" substances or materials which were not present on the Project Site or portion thereof as of the date of sale of such Project Site, or such portion thereof (as the case may ), by such Indemnifying Party to a third party. It shall be the Indemnifying Parties' obligation to establish that any "toxic" or "hazardous" substances were deposited on the Project Site after the date of sale of such property to a third party either to the City's satisfaction or in a court of law. Until such time as the responsibility for the "toxic" or "hazardous" substances or materials is so established, it shall be the duty of the Indemnifying Parties to protect, defend (with counsel acceptable to the City), hold harmless and indemnify the City from any and all liability, costs, fines, penalties, charges and/or claims of an kind whatsoever (including, but not limited to, the death or injury of any person) caused by, arising from, or by reason of, the presence of any "toxic" or "hazardous" substance or material on the project site. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Resource Conservation and Recovery Act, 42 U.S.C. Section 9601, et sea. and California Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify the City from liability. DS -16 Submit and implement landscape plans to the satisfaction of the City in the vicinity of the off-site section of Magic Mountain Parkway that impacts the northeast corner of the Circle J open space. DS -17 Unless specifically vested by the project's approval, the project shall be developed in conformance with the City's Unified Development Code. DS -18 Further subdivisions, plot plans, and other entitlements proposed for the property are subject to environmental review, including the preparation of additional studies. Additional mitigation measures and conditions may be attached to the property as a result, should additional entitlements and/or approvals be given. DS -19 Prior to recordation of the Final Map, modify the map, to the satisfaction of the City, to reflect modifications as indicated in Exhibits AA and BB. DS -20 Determination of alignments and construction of off-site highway segments of Santa Clarita Parkway, Magic Mountain Parkway, and Via Princessa, will require additional environmental review tiered to the existing DEIR and Addendum, prior to any construction, to the satisfaction of the City. DS -21 Prior to recordation of the Final Map, update all exhibits and text in the Specific Plan, to the satisfaction of the City, implementing all changes mandated by the Planning Commission and as modified by the City Council, and reflected in these Conditions of Approval, and incorporating Exhibits AA and BB. DS -22 Prior to recordation of the map, update number of residential units specified in each phase in condition TE -1. Update Specific Plan to be consistent with revised phasing in TE -1. Phasing numbers shall reflect reductions in density mandated by the Commission, as well as any reductions due to the revised roadways as indicated in Exhibits AA and BB, such as the relocation of Magic Mountain Parkway and Via Princessa. DS -23 Prior to recordation, realign Via Princessa so that the southern boundary of the outside edge of the road right-of-way (not the centerline) is a minimum of 400 feet from the homes in Circle J Estates. Obtain letter from the HOA, indicating whether land to the south is to be open space or estate homes. Update the map and Specific Plan prior to recordation, to the satisfaction of the City, to reflect these changes. Provide a landscape plan (consistent with the Specific Plan's Master Landscape Plan), including a berm where necessary, to mitigate impacts to the homes to the south, to the satisfaction of the City. The Circle J Estates HOA Board of Directors shall have an opportunity to review and comment on the landscape plan prior to final City approval. The landscaping shall be implemented upon completion of rough grading for Via Princessa. DS -24 Provide a landscape plan (consistent with the Specific Plan's Master Landscape Plan), including a berm where necessary, to mitigate impacts of Magic Mountain Parkway when adjacent to Circle J homes or impacting Circle J open space. DS -25 The developer/ project applicant will seek to obtain a letter of support or non- support from the Circle J Estates Homeowners Association regarding a gate guarded entry to Karie Lane. Provided the aforementioned letter in support of a gate is obtained, concurrent with the opening of both Via Princessa to Rainbow Glen Drive and Wiley Canyon Bridge, provide a gate guarded entry to Karie Lane of the Circle .J Estates to the satisfaction of the City. If the Circle J Estates Homeowners Association does not provide a letter of support for the gate by December 1, 1996, the developer/ project applicant is released from this condition. The proposed gate shall be consistent with the existing Circle J Estates entry as a minimum standard. DS -26 Provide equestrian crossings in at least two places under Santa Clarita Parkway concurrently with construction of Santa Clarita Parkway south of Via Princessa. DS -27 An emergency access point to the Oak Orchard area of Placerita Canyon will be provided to Santa Clarita Parkway concurrently with the construction of Santa Clarita Parkway south of Via Princessa. DS -28 Prior to initiating construction of Santa Clarita Parkway in the vicinity of the Oak Orchard area of Placerita Canyon, provide a drainage study to the satisfaction of the City focusing on the Oak Orchard area. Construct required drainage improvements, to the satisfaction of the City, concurrently with construction of Santa Clarita Parkway south of Via Princessa. DS -29 The project will adhere to the seismic and building codes in effect at the time of recordation of each map. DS -30 Construct streetscape improvements to Springbrook Avenue, north of Drayton Street to the Keysor-Century property line, consisting of curbs, gutters, and street trees, to the satisfaction of the City, prior to occupancy of Phase I of the project. DS -31 No construction traffic will use Springbrook Avenue or Drayton Street. DS -32 Disclosure statements concerning potentially adverse noise impacts from the Saugus Speedway and from train movements along the tracks adjacent to the transit station shall be provided to all prospective home buyers and renters. COMMUNITY DEVELOPMENT DEPARTMENT Traffic Engineering (TE) TE -1 The conditions listed below refer to the improvements that would be necessary to be in place prior to the issuance of occupancy for each phase as outlined below and as specified in the traffic study for this project. The design plans for the subject improvements for each phase shall be approved by the City Engineer prior to the recordation of each phase. Any deviations from the listed conditions may need a further traffic study and shall be subject to the approval of the City Traffic Engineer. The off-site improvements as indicated in the traffic study have been assumed to be in place concurrent with each of the three phases of this development. If those traffic study off-site improvements which relate to a portion of the project for which a map is to be recorded are not in place or otherwise provided for at the time such map is to be recorded, then the applicant shall be required to submit an additional traffic study for such portion of the project. This additional traffic study shall determine the need for alternative mitigation measures, and applicant shall be required to implement those alternative measures which address the impacts of this project. The traffic improvements included in the conditions of approval are those deemed necessary by the traffic study to accommodate regional traffic anticipated in horizon years coinciding with the completion of each phase of the project. Implementation and funding of these improvements is not the sole responsibility of the developer. The fair share contribution by the project shall be determined based upon traffic analysis; however, the identified improvements or other mitigations as identified in subsequent traffic studies to be conducted prior to the recordation of a final map for any portion of the development shall be in place or otherwise provided for to the satisfaction of the Director of Community Development. The land use assumptions for each phase of the development as outlined in the traffic study is shown below. Some uses have been reduced from the values assumed in the traffic study to reflect the reduction in the number of units proposed by the applicant. A. PHASE 1: 419 Single Family Units 298 Multi Family Units 285 Commercial (Square Feet) 163,350 Office (Square Feet) 258,485 Business Park (Square Feet) -- Neighborhood Park (Acres) 3.75 Driving Range (Acres) 25,000 Recreational (Square Feet) One School 1.8 Church (Acres) 140 Hotel (Rooms) Single Family Units 419 Multi Family Units 765 Commercial (Square Feet) -- Office (Square Feet) 313,632 Business Park (Square Feet) 411,850 Neighborhood Park (Acres) 8.5 Driving Range (Acres) 3.75 Recreational (Square Feet) 25,000 School One Church (Acres) 1.8 Hotel (Rooms) 140 C. PHASE 3: Single Family Units 931 Multi Family Units 510 Commercial (Square Feet) 374,939 Office (Square Feet) 398,574 Business Park (Square Feet) 561,520 Neighborhood Park (Acres) 22.0 Driving Range (Acres) -- Recreational (Square Feet) 45,000 School One Church (Acres) 1.8 Hotel (Rooms) 140 TE -2 A total of 24 intersections will be significantly impacted as referenced in Table 8, page 51 of the Traffic Study. The mitigation measures identified in Table 12, pages 58 to 62 shall be in place prior to issuance of occupancy permits for Phase 1, 6 TE -3 A minimum of two new traffic signals (Magic Mountain Parkway/Rio Vista Road, Soledad Canyon Road/Santa Clarita Parkway) shall be in place prior to issuance of occupancy permits for Phase 1. The applicant shall be required to assess the need for signalization at other intersections, including but not limited to the intersection of Magic Mountain Parkway/Via Princessa, to the satisfaction of the City Traffic Engineer. TE -4 Magic Mountain Parkway shall be extended with a minimum of four traffic lanes from San Fernando Road/Bouquet Canyon Road to Rio Vista Road and shall be designed and constructed as a grade separated crossing over San Fernando Road and the railroad tracks prior to issuance of occupancy permits for Phase 1. In no event shall condition TE -19 be applicable to this condition. TE -5 Magic Mountain Parkway shall be extended with a minimum of two traffic lanes from Rio Vista Road to Via Princessa, and Via Princessa shall be constructed with a minimum of two traffic lanes from Magic Mountain Parkway to Rainbow Glen Drive prior to issuance of occupancy permits for Phase 1. A maximum threshold of development may be permitted within Phase 1 prior to extending this roadway subject to the satisfaction of the City Traffic Engineer. TE -6 Santa Clarita Parkway shall be extended with a minimum of two traffic lanes from Soledad Canyon Road to 'D" Street prior to issuance of occupancy permits for Phase 1. TE -7 "D" Street shall be extended with a minimum of two traffic lanes from Santa Clarita Parkway to Main Street prior to issuance of occupancy permits for Phase 1. TE -8 A total of 25 intersections will be significantly impacted as referenced in Table 9, page 52 of the Traffic Study. The mitigation measures identified in Table 12, pages 58 to 62 shall be in place prior to issuance of occupancy permits for Phase 2. TE -9 A minimum of three new traffic signals (Santa Clarita Parkway/D Street, Santa Clarita Parkway/Via Princessa, and, Magic Mountain Parkway/Main Street) shall be in place prior to issuance of occupancy permits for Phase 2. The applicant shall be required to assess the need for signalization at other intersections, including but not limited to the intersection of Magic Mountain Parkway/ Via Princessa, to the satisfaction of the City Traffic Engineer. TE -10 Magic Mountain Parkway shall be restriped to accommodate six traffic lanes from Valencia Boulevard to San Fernando Road/Bouquet Canyon Road prior to issuance of occupancy permits for Phase 2. TE -11 Magic Mountain Parkway shall be widened to six traffic lanes from San Fernando Road/Bouquet Canyon Road to Rio Vista Road prior to issuance of occupancy permits for Phase 2 in accordance with Traffic Engineering condition TE -1. TE -12 Magic Mountain Parkway shall be widened to four traffic lanes from Rio Vista Road to Via Princessa, and Via Princessa shall be widened to four traffic lanes from Magic Mountain Parkway to Rainbow Glen Drive prior to issuance of occupancy permits for Phase 2 in accordance with Traffic Engineering condition TE -1. TE -13 Santa Clarita Parkway shall be widened and extended to have a minimum of four traffic lanes from Soledad Canyon Road to Via Princessa prior to issuance of occupancy permits for Phase 2 in accordance with Traffic Engineering condition TE -1. TE -14 A total of 31 intersections will be significantly impacted as referenced in Table 11, page 54 of the Traffic Study. The mitigation measures identified in Table 12, pages 58 to 62 shall be in place prior to issuance of occupancy permits for Phase 3. TE -15 A minimum of three new traffic signals (Magic Mountain Parkway/Via Princessa, Santa Clarita Parkway/Via Porta Bella, Magic Mountain Parkway/Via Porta Bella shall be in place prior to issuance of occupancy permits for Phase 3. The traffic signal for Magic Mountain/Via Princessa may be required to be installed in Phase 1 or Phase II, to the satisfaction of the City Traffic Engineer. The applicant shall be required to assess the need for signalization at other intersections to the satisfaction of the City Traffic Engineer. TE -16 Magic Mountain Parkway shall be widened to include six traffic lanes from Rio Vista Road to Via Princessa, and Via Princessa shall be widened to include six traffic lanes from Magic Mountain Parkway to Rainbow Glen Drive prior to issuance of occupancy permits for Phase 3 in accordance with Traffic Engineering condition TE -1. TE -17 Santa Clarita Parkway shall be widened and extended to the north and south beyond the project boundary to include six traffic lanes from Bouquet Canyon Road to Sierra Highway at the Placerita Canyon Road junction prior to issuance of occupancy permits for Phase 3 in accordance with Traffic Engineering condition TE -1. TE -18 Via Princessa shall be extended from Magic Mountain Parkway west to connect to existing Wiley Canyon Road west of San Fernando Road as a six lane arterial with an over crossing at San Fernando Road and the railroad track prior to issuance of occupancy permits for Phase 3 in accordance with Traffic Engineering condition TE -1. TE -19 The City may permit monies in satisfaction of road improvement traffic mitigation conditions to satisfy the project's impact, subject to the approval of the City Engineer. This condition is not applicable to condition TE -4. TE -20 The City may permit and provide technical assistance to help the developer to enter into a reimbursement agreement or other appropriate mechanism for traffic improvements constructed on behalf of others for improvements which are not included in the Bridge and Thoroughfare District to the satisfaction of the Community Development Department. COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division TENTATIVE MAP CONDITIONS ED -1 The applicant shall file a final map for each phase which shall be prepared by or under the direction of a licensed land surveyor or registered civil engineer. The map shall be processed through the City Engineer prior to being filed with the County Recorder. The applicant shall note all offers of dedication by certificate on the face of the map. ED -2 The applicant shall pay applicable fees for subsequent modifications of the phasing plan to the satisfaction of the Community Development Department. ED -3 The applicant shall not grant or record easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other easements until after the final map is filed with the County Recorder unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the final parcel map. ED -4 Prior to the recordation of any phase of the project the applicant shall pay the applicable Bridge and Thoroughfare District Fee to imulement the circulation element of the General Plan as a means of mitigating the traffic impact of this subdivision. The applicant may construct off-site improvements of equivalent value in lieu of paying fees established for the District subject to approval of the City Engineer. Factors for development units are as follows: Development Units Factors Single -Family Per Unit 1.0 Townhouse Per Unit 0.8 Apartment Per Unit 0.7 Commercial Per Unit 5.0 Industry Per Unit 3.0 The project is in the: [X] Via Princessa Bridge and Thoroughfare District [X] East/West Bridge and Thoroughfare District ED -5 The applicant shall pay all applicable plan check fees as required to review all documents, improvement plans, phasing plans, final maps and all clearances required for the project in accordance with the City Municipal Code. ED -6 The applicant, by agreement with the City Engineer, may guarantee installation of improvements as determined by the City Engineer through faithful performance bonds, letters of credit or any other acceptable means prior to the recordation of any phase of the project. ED -7 Prior to the recordation of each phase of the project the applicant shall submit sufficient information and documentation to demonstrate sufficient infrastructure will be constructed for the phase to the satisfaction of the City Engineer. ED -8 The applicant shall pay applicable fees to the satisfaction of the City Engineer, to have the City's Bridge and Major Thoroughfare District Fee Analysis Report revised as a result of the amendment to the Circulation Element of the General Plan proposed by the Porta Bella Specific Plan. ;_... ED -9 Should diagonal parking be permitted by the Community Development Department the applicant shall provide any necessary additional pavement width to accommodate the parking area on the street. ED -10 The proposed railroad crossings for Magic Mountain and Santa Clarita Parkway which provide access to the subject site shall be designed and constructed as grade separated crossings and shall be in place prior to issuance of occupancy permits for Phase I as outlined in the traffic study for this project. An "at grade" crossing for Magic Mountain Parkway may be permitted on an interim basis to the satisfaction of the City to be used only for construction traffic. ED -11 Prior to the recordation of each phase of the project the applicant shall provide a preliminary vertical and horizontal alignment to the satisfaction of the City Engineer for all proposed major highways, including Via Princessa, Magic Mountain Parkway, and Santa Clarita Parkway, including off-site segments, as part of the implementation of the General Plan Amendment. The alignment shall extend beyond the project boundary and join to existing improvements. The applicant shall receive Bridge and Thoroughfare credit for this work. The applicant shall not be required to pay review fees. ED -12 All public improvement plans for the project shall comply with the approved oak tree report to the satisfaction of the Community Development Department. ED -13 During the course of construction of the project the applicant shall guarantee that existing City roadways will not be damaged by construction activity to the satisfaction of the City Engineer. ED -14 The applicant shall dedicate the right to restrict vehicular access to all major and secondary highways constructed as a part of this development either by separate instrument or on the final map. ED -15 The proposed traffic circles shall be landscaped in compliance with the Specific Plan and to the satisfaction of the Community Development Department. These areas shall be included in a landscape maintenance district prior to the acceptance of the roadway. ED -16 The applicant shall provide signing and striping plans for all streets constructed as a part of this project to the satisfaction of the City Engineer prior to the recordation of each phase of the project. 10 ED -17 The applicant shall provide sufficient turnaround improvements at phase boundaries to the satisfaction of the City Engineer. The applicant shall dedicate future streets where the turnarounds extend beyond a phase boundary. ED -18 The applicant is granted permission for street grades up to 10 percent on all local residential streets and cul-de-sacs, up to 10 percent on all local collector streets and 6 percent on all major and secondary streets constructed as a part of this project. Where grades in excess of 10 percent are required the applicant shall obtain prior approval from the City Engineer. In no case shall grades exceed 15 percent for public road ways constructed as a part of this project. ED -19 The applicant shall construct wheelchair ramps on each corner to the satisfaction of the City Engineer at the intersections of all public streets. At the intersection of all major to major and major to secondary streets two wheel chair ramps shall be constructed at each corner. ED -20 The applicant shall construct all public streets within the development to provide for drainage facilities, a structural section meeting the traffic index and soil parameters, gutter, curbs, parkways, sidewalks, street lighting, landscaping, bus stops, street trees and traffic signals. ED -21 The applicant shall provide and install street name signs prior to occupancy of any building(s) to the satisfaction of the Community Development Department. ED -22 The applicant shall design and install all traffic control, regulatory, guide and street signs for all public roadways constructed as a part of this project to the satisfaction of the City Engineer. ED -23 The applicant shall name all public streets prior to the recordation of each phase of the project to the satisfaction of the Community Development Department. ED -24 The applicant shall construct sidewalk, street tree and street light improvements along the project frontage of both sides of Soledad Canyon Road to the satisfaction of the City Engineer concurrent with the construction of the intersection of Santa Clarita Parkway and Soledad Canyon Road along the property frontage. ED -25 The applicant shall construct a dedicated right turn pocket along Soledad Canyon Road at the intersection of Santa Clarita Parkway to the satisfaction of the City Engineer. The construction shall be concurrent with the construction of Santa Clarita Parkway. ED -26 The applicant shall construct full width street improvements for all public roadways along phase boundaries to the satisfaction of the City Engineer. ED -27 All major and secondary highways should be designed for 65 miles per hour. The design speed may be reduced to 60 mph for majors and 55 mph for all secondary highways subject to the prior approval of the City Engineer. ED -28 The applicant shall design all bike ways within the public right-of-way to the 11 satisfaction of the City Engineer and Parks and Recreation Department. ED -29 The applicant shall include all traffic signals constructed or modified as a part of the project in a lighting and landscape maintenance district to the satisfaction of the City Engineer. ED -30 A surety bond shall be posted in an amount satisfactory to the City Engineer to cover any road damage and street cleaning costs in connection with grading and construction activities. ED -31 Obtain construction permits from the State Department of Transportation prior to construction within the state right-of-way of San Fernando and Magic Mountain. ED -32 The applicant shall dedicate to the City the right to restrict vehicular access to Magic Mountain Parkway, Via Princessa and Santa Clarita Parkway. ED -33 The applicant shall design all roadways with the following criteria: a. Provide a minimum 200 foot landing for all major and secondary roadways and 100 foot landing for all other controlled intersections. The maximum grade for the landing shall be 3%. b. Provide for sight distance along extreme slopes or curves to the satisfaction of the City Traffic Engineer. Additional right-of-way dedication and/or grading may be required. C. Align the centerline of all local streets 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. I Provide minimum stopping sight distances on all public road ways to the satisfaction of the City Engineer to comply with design speeds pursuant to Cal Trans and AASHTO standards. e. The applicant shall design a 350 -foot minimum centerline radius on all local streets with a minimum distance of 40 feet between curbs and a 350 -foot minimum radius on all streets where grades exceed ten percent. f. The applicant shall design the minimum centerline radius on a local street with an intersecting street on the concave side to comply with design speeds and sight distances per current Cal Trans and AASHTO standards g. Local streets shall have a minimum centerline curve length of 100 feet minimum. h. The central angles of the right-of-way radius returns shall not differ by more than ten degrees on local streets. i. Provide standard curb return radii of 25 feet at all local street intersections, 12 including intersection of local streets with General Plan Highways, and 35 feet where all General Plan Highways intersect. j. The applicant shall not construct driveways within 25 feet upstream of any catch basins where street grades exceed six percent. k. The applicant shall construct full -width sidewalk at all walk returns. The applicant shall construct catch basins in the roadway where depth & velocity of the water in the roadway exceed accepted practices as approved by the City Engineer. M. The applicant shall design major highways with a minimum centerline radius to the satisfaction of the City Engineer. n. Knuckles will be permitted only on local streets where speed limits do not exceed 25 mph. The maximum length of street with a knuckle should not exceed 1000 feet in either direction from the knuckle. Local streets using knuckles shall be designed to the satisfaction of the City Engineer. o. Provide sufficient drainage facilities to eliminate the need for cross -gutters on all public streets to the satisfaction of the City Engineer. ED -34 The top/toe of slopes adjacent to roadways shall be set back from the public right- of-way to the satisfaction of the City Engineer. ED -35 All streets shall be founded upon firm natural materials or properly compacted fill. Any existing loose fill, loose soil, or organic material shall be removed prior to placement of engineered fill. ED -36 The applicant shall design, construct and dedicate street lights along all public roadways to the satisfaction of the City Engineer. All street lights installed as a part of the project shall be included in a lighting and landscape maintenance district to the satisfaction of the City Engineer. All lighting shall be shielded and directed onto the roadway so as not to be seen directly from the adjacent residential areas. ED -37 The project proposes several roadways with cross sections different than the currently adopted City standard. They must be approved and/or revised by the City Engineer prior to the recordation of each phase. These roadways as shown in the Specific Plan or as modified to the satisfaction of the City Engineer may be constructed otherwise. 13 The City standards are as follows: Street Name R/W Width (ft)** Curb to Curb Width (ft)** Via Princessa 104 min. 84* Santa Clarita Parkway 104 min. 84* Magic Mountain 104 min 84* Main Street 84 min. 64* Rio Vista 84 min. 64' Local Residential Collector 64 40 Local Residential 60 36 Local Residential Cul -de -Sac 58 34 Commercial 84 64 Commercial Cul -de -Sac 66 46 Alley 30 30 * Note: Includes 14' median. ** Note: Additional right-of-way and pavement width shall be provided to accommodate trails. ED -38 The applicant shall construct the following off-site roadways to the following standards: The project proposes several roadways with cross sections different than the currently adopted City standard. They must be approved and/or revised by the City Engineer prior to the recordation of any phase. Street Name R/W Width (ft)** Curb to Curb Width (ft)** Via Princessa 104 84 Santa Clarita Parkway 104 84 Magic Mountain 104 84 ** Note: Additional right-of-way and pavement width shall be provided to accommodate trails. ED -39 The applicant shall dedicate additional right-of-way for bus bays along all major and secondary highways to the satisfaction of the Public Works and Community Development Department. ED -40 The applicant shall dedicate slope easements to the satisfaction of the City Engineer where required for public improvements prior to the recordation of each phase. 14 ED -41 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 project to the satisfaction of the City. ED -42 Pursuant to the mitigation measures outlined in the EIR the applicant is required to construct off-site improvements to adequately serve this development. It is the sole responsibility of the developer to acquire the necessary right-of-way and/or easements to the satisfaction of the City Engineer. ED -43 The project approval is subject to the applicant's acceptance of the following conditions for acquisition of the necessary off-site right-of-way and/or easements to the satisfaction of the City Engineer: a. The applicant shall secure at the applicant's expense sufficient title or interest in land to permit any off-site improvements to be made. b. If the applicant is unable to acquire sufficient title or interest to permit the off-site improvements to be made, the applicant shall notify the City Engineer of this inability not less than six months prior to approval of the final map. c. In such case, the City may thereafter acquire sufficient interest in the land which will permit the off-site improvements to be made by applicant. d. The applicant shall pay all of the City's costs of acquiring said off-site property interests pursuant to Government Code Section 66462.5: Applicant shall pay such costs irrespective of whether the final map is recorded or whether a reversion occurs. The cost of acquisition may include, but is not limited to, acquisition prices, damages, engineering services, expert fees, title examination, appraisal costs, acquisition services, relocation assistance services and payments, legal services and fees, mapping services, document preparation, expenses and/or damages as provided under Code of Civil Procedures Sections 1268.510-.620 and overhead. e. At the time applicant notifies the City Engineer as provided in b. hereinabove, the applicant shall simultaneously submit to the City in a form acceptable to the City Engineer all appropriate appraisals, engineering specifications, legal land descriptions, plans, pleadings and other documents deemed necessary by the City Engineer to commence its acquisition proceedings. Said documents must be submitted to the City Engineer for preliminary review and comment at least thirty days prior to applicant's notice described hereinabove at b. f. The applicant agrees to deposit with the City, within five days of request by the City, such sums of money as the City estimates to be required for the costs of acquisition. The City Engineer may require additional deposits from time -to -time. g. The applicant agrees that the City will have satisfied the one -hundred -and - twenty -day limitation of Government Code Section 66462.5 and the foregoing conditions relating thereto when it files its eminent domain action in superior 15 court within said time period. h. The applicant shall not sell any lot/parcel/unit shown on the final map until the City has acquired said sufficient land interest. If the Superior Court thereafter rules in a final judgment that the City may not acquire said sufficient land interest, the applicant agrees that the City may require alternative mitigation measures which would mitigate project impacts as if the interest had been acquired and applicable improvements constructed. j. The applicant shall execute any agreement or agreements mutually agreeable prior to approval of the final map as may be necessary to assure compliance with the foregoing conditions. k. Failure by the applicant to notify the City, as required by b. hereinabove, or simultaneously submit the required and approved docilments specified in e. hereinabove, or make the deposits specified in f. hereinabove shall constitute applicant's waiver of the requirements otherwise imposed upon the City to acquire necessary interests in land pursuant to Section 66462.5. In such event, applicant shall meet all conditions for installing or constructing off-site improvements notwithstanding Section 66462.5, or enter into a mechanism designed by the City to ensure the timely fulfillment of the acquisition without cost to the City. ED -44 The applicant shall submit a sewer area study to the City Engineer for review and approval for the project prior to the recordation of the first phase. ED -45 The applicant shall install and dedicate main line sewers and serve each lot with a separate house lateral. ED -46 The applicant shall send a print of the land division map for each phase to the County Sanitation District, with the request for annexation prior to the recordation of the final map. If applicable, such annexation must be assured in writing. ED -47 The applicant shall pay sewer reimbursement charges as determined by the City Engineer or the County of Los Angeles before the recording of this map. ED -48 The discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. ED -49 That prior to any grading plans being approved by the Community Development 16 Department, the City shall review them for intent of tract conditions. The grading plans shall demonstrate: a. That the open space areas that will remain as natural slopes be protected during grading operations. b. That grading activities are phased so that the exposure of unprotected areas is limited to the areas where work is immediately undertaken especially during the rainy season. c. That areas which are not being built up shall not be cleared of vegetative cover until actual grading is to be started. d. That areas which have been cleared and could potentially be exposed to a storm event shall be protected by adequate source control Best Management Practices. e. The applicant will provide a Dust Control Plan to the City Engineer for review and approval prior to the approval of the Grading Plan for each phase. ED -50 That during and prior to any demolition or grading on the subject property, a pest control firm shall be retained to conduct a rodent control program to prevent the migration of any rodents or pests to neighboring properties. Evidence shall be provided to Community Development prior to the issuance of the grading permit indicating that this condition has been satisfied. 1+ ED -51 The applicant shall design the grading plans for each phase of the project so that the overall shape, height and grade of any cut/fill slope shall be developed to appear similar to the existing natural contours in scale with the natural terrain of the project site. Where any cut or fill slopes intersect the natural grade, the intersection of each slope shall be rounded and/or blended with the natural contour so as to present a natural appearance. ED -52 The applicant shall promptly replant areas that are graded to control erosion. The grading plans for this project shall include full erosion control plans, including a maintenance schedule, that reflect this to the satisfaction of the City Engineer. ED -53 The applicant shall submit a complete geologic report on the subject site to the City Engineer for review and approval prior to the recordation of the each phase. The report shall identify the trace fault lines of the San Gabriel Fault. ED -54 The applicant shall revise lot lines to the satisfaction of the City Engineer once the trace fault lines of the San Gabriel Fault are determined. Lot lines shall be revised prior to the recordation of relevant phases. ED -55 The applicant shall submit a final grading plan, geologic report, and geologic certification, to the City Engineer for review and approval of each phase prior to the recordation of that phase. 17 ED -56 The applicant shall submit a drainage plan and an erosion and sedimentation plan for review and approval prior to the recordation of each phase of the project. The drainage plan shall provide sufficient facilities to prevent drainage problems downstream of road right-of-ways to the satisfaction of the City Engineer. ED -57 The applicant shall include a statement in the CC&R's to comply with any of the Geologist's recommendations in future geotechnical reports. ED -58 The applicant shall construct drainage improvements and offer easements needed for street drainage or slopes to the satisfaction of the City Engineer. ED -59 The applicant shall provide letter(s) of slope easement(s) and drainage acceptance as directed by the City Engineer prior to the recordation of any phase. ED -60 The grading plan for each phase shall be based on a detailed engineering geotechnical report which must be specifically approved by the geologist and/or soils engineer and show all recommendations submitted by them to the satisfaction of the City Engineer. The plan must substantially conform to the tentative map and conditions as approved by the Advisory Agency to the satisfaction of the Community Development Department. ED -61 The applicant shall eliminate all geologic hazards associated with this proposed development, or delineate a restricted use area approved by the consultant geologist to the satisfaction of the City Engineer. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within the restricted use areas to the satisfaction of the City Engineer. ED -62 All recommendations of the geotechnical reports shall be implemented to the satisfaction of the City Engineer. ED -63 The applicant shall provide drainage facilities to remove the flood hazard and dedicate and show necessary easements and/or rights-of-way on the final map. ED -64 The applicant shall submit drainage plans and necessary support documents to comply with Engineering requirements. These must be approved to the satisfaction of the City Engineer prior to filing of the map. Portions of the property are subject to sheet overflow and ponding and high velocity scouring action. Portions of the property lying in and adjacent to natural drainage courses are subject to flood hazard because of overflow, inundation, and debris flows. ED -65 The applicant shall not construct structures within a flood hazard area. The applicant shall submit sufficient calculations to the City Engineer for review and approval to delineate the limits of the flood way prior to the recordation of each phase. ED -66 Applicant shall record an instrument or indicate by note on the final map that the lot owners in said subdivision shall not interfere with the established drainage of said subdivision. The note shall state that each owner of a lot in any subdivision shall not erect concrete block wall or similar solid constructions except as approved by the City Engineer along any natural drainage course. 18 ED -67 The applicant shall establish a Drainage Benefit Assessment District which must be ratified prior to recordation of the final map to ensure the continued maintenance of any drainage improvements which are not accepted by a public entity. The first years maintenance costs shall be paid by the applicant prior to recordation of the phase. ED -68 The applicant shall provide for the proper distribution of drainage to the satisfaction of the City Engineer. ED -69 The applicant shall 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. The project will require substantial down stream improvements to eliminate the impacts to downstream property owners. The applicant shall construct sufficient on-site and any needed off-site (as determined by the City) improvements to reduce the downstream impacts with construction of each phase. ED -70 Prior to approval of grading plans for each phase, the applicant shall adjust lot lines so that they are located at or near the top of the slopes, along drainage terraces, or at similar locations acceptable for establishment of slope maintenance responsibilities to the satisfaction of the City Engineer. ED -71 Applicant shall comply with all state requirements for construction within an Alquist- Priolo Special Studies Zone. A geology report must be submitted and approved by the City Engineer prior to the recordation of the appropriate phase of the project. Copies of the report must be sent to the state geologist. ED -72 The applicant's geotechnical consultant shall evaluate and recommend repair for the landslides shown on the "Geotechnical Evaluation Map" included within the project EIR. The applicant's geologist shall recommend measures to be implemented during the course of grading to stabilize the landslides within the project site to the satisfaction of the City Engineer. ED -73 Due to the downstream flow restrictions of existing storm drainage facilities the applicant shall design storm drain facilities on the project site or in close proximity to the site to reduce the peak Q (flow of water) by a minimum of 25 % for each phase to the satisfaction of the City Engineer. ED -74 The applicant shall coordinate with the Los Angeles County Department of Public Works prior to recordation of the final map for any necessary permits with respect to discharge, construction and reconstruction within or adjacent to their existing storm drain facilities in this area. ED -75 The project consultants shall provide all necessary inspection during grading to ensure against unforeseen hazards and submit a "Monthly Grading Progress Report and Map" for Department approval. The Grading Progress Map shall be at a suitable scale to illustrate the progress'of grading inspection and approval accomplished during that reporting period. The map will, therefore, be updated in each successive grading inspection report. A convenient lettering and numbering system may be used to identify specific areas of cut and fill, as well 19 ... as subdrain placement. Upon completion of the grading, the final geologic and soil engineering inspection reports, based upon an As -Built Plan, shall be filed for Department approval. ED -76 The geologist and soil engineer shall inspect all excavations to determine that conditions anticipated in the report have been encountered and to provide recommendations for the correction of hazards found during grading. ED -77 All slide, slump and creep debris shall be removed pursuant to the recommendations of the applicant's geologist to the satisfaction of the City Engineer. ED -78 All existing uncertified fill and/or creep prone soils shall be removed and recompacted under the geotechnical supervision of the soils engineer. ED -79 Periodic inspection of the drainage control structures and devices both on-site and on the Open Space lot shall be performed by a registered civil engineer prior to the start of each rainy season and thence at intervals deemed necessary by maintenance conditions. ED -80 All haul routes utilized for the exporting or importing of materials among phases shall be provided on-site. ED -81 The applicant shall design and construct applicable water systems for the project to meet the potable drinking water and fire flow requirements. ED -82 The applicant shall abandon the ekTAting water wells on the project site to the satisfaction of State of California Department of Conservation prior to the recordation of the individual phases. The applicant shall submit sufficient information to demonstrate that the existing wells which have been abandoned were done so pursuant to the State of California Department of Conservation prior to the recordation of the individual phases. ED -83 Applicant shall acquire permits from the Army Corps of Engineers and the State Fish & Game Department prior to issuance of grading permits or the commencement of any work within any natural drainage course. ED -84 The applicant shall acquire N.P.D.E.S. permits for the subject project prior to the issuance of any construction permits required by the City. The applicant must meet state general construction permit requirements. Prior to obtaining a grading permit, the applicant shall provide a certified copy of a National Pollutant Discharge Elimination System (NPDES) general construction permit from the California Regional Water Quality Control Board to provide evidence that any storm water discharge is being mitigated. ED -85 The applicant shall install all utility services within the development pursuant to the Unified Development Code. 20 ED -86 The applicant shall underground all existing utility services within the project and along the adjacent road way frontages to the satisfaction of the City Engineer. ED -87 The applicant is required to install distribution lines and individual service lines for community antenna television service (CATV) for all new development to the satisfaction of the City Engineer. ED -88 The applicant shall obtain approval of the City Engineer and the City Attorney for proposed homeowners association maintenance agreements prior to recordation of the final map or a phase thereof. ED -89 The applicant shall dedicate to the City the right to prohibit the construction of structures within areas designated as open space. ED -90 The applicant shall provide reciprocal access and maintenance agreements to the satisfaction of the City Engineer for all parcels which share common uses along common property lines. ED -91 The design and location of all security gates shall be reviewed to the satisfaction of the Community Development Department and the Fire Department prior to the issuance of a building permit. No gates are approved at this time. Any gates approved in the future shall be designed to automatically open should there be a power failure in the area, so that Fire Department personnel will have immediate access through the gate systems. No gated alleys, driveways, or streets are approved with this project. ED -92 Should contaminated soils and materials be encountered during construction, the applicant shall remediate these on-site, and/or remove and properly treat and dispose of them after notification of and in accordance with methods approved by the County Department of Health Services and the Regional Water Quality Control Board. The applicant must determine if the contaminated soils constitute a hazardous waste. If the soils are hazardous waste, the applicant must manage the soil in accordance with the state and federal laws and regulations governing hazardous waste. OAK TREE CONDITIONS OT -1 The applicant is permitted to remove a maximum of 109 oak trees, (species: QuerLuaAgdfQ4a - Coast Live Oak; O herhaddifolia - Scrub Oak) including five heritage trees (nos. 11, 12, 24, 140, and 159) to construct the Porta Bella Specific Plan. Updates to the oak tree report will be required for subsequent tract maps and plot plans in order to try and save additional trees, and additional mitigation measures and conditions may be imposed. OT -2 Prior to obtaining a grading permit for any parcel or lot, the applicant shall analyze impacts to each affected oak tree to determine whether removal and/or encroachment into the protected zone can be avoided through redesign, construction of retaining walls, or other measures to the satisfaction of the City. 21 OT -3 Final grading and drainage plans shall provide for adequate drainage of water from the protected zones of remaining oak trees. Where retaining walls and/or tree wells are proposed, cross-sections showing conceptual drainage design shall be submitted for review and approval by the Oak Tree Specialist prior to the approval of the grading plan for the project. OT -4 Oak trees designated for removal shall be evaluated to determine whether relocation is possible. As feasible, oak trees with 8" diameter 4 1/1 feet above grade or less shall be transplanted in locations which serve to enhance the quality of the designated open space areas. If there are additional candidates for relocation, they shall be incorporated into the project landscaping. OT -5 The applicant's oak tree consultant shall determine values for all oak trees to be removed or relocated in accordance with Section 17.17.090 of the Municipal Code (Oak Tree Preservation Ordinance), and according to the most current valuation methods established by the International Society of Arboriculture U.S.A.). Prior to the issuance of the oak tree permit, the applicant shall deposit a refundable security deposit, equal to the value of the oak trees, with the City of Santa Clarita. The City Oak Tree Specialist shall review and approve the value of each oak tree as submitted. OT -6 Prior to the issuance of grading and/or building permits for each phase, the applicant shall submit a maintenance and care program for the replacement oak trees to be planted on the site, as directed by the City's Oak Tree Ordinance and Oak Tree Guidelines. This maintenance program shall extend for a minimum duration of five years. The applicant shall be responsible for maintaining (or bonding for maintenance of) the oak trees for this period, and shall designate a responsible party for their maintenance upon sale or transfer of the property/project. OT -7 Protective Fencing: Prior to the start of construction for each phase of the site, the applicant shall install protective fencing around the protected zones of each oak tree within 200' of proposed grading, or as recommended by the applicant's oak tree consultant. This fencing shall be installed according to Part C.1.lb of the Oak Tree Preservation and Protection Guidelines. OT -8 Where fencing is infeasible because of required access to the site, or for other reasons deemed reasonable by the City, all areas within the unfenced protected zone of any oak tree shall be covered with plywood to minimize compaction during construction. OT -9 All construction layout in the vicinity of protected oak trees ( structures, roadway, paths, decking and pool, road, trench, footing, etc.) shall be marked or staked in the field prior to the start of grading or construction. The City's Oak Tree Specialist or designated City official shall verify that the proposed location is in accordance with the approved plan. If field markings indicate that further impacts to oak trees will occur than were indicated on the approved plans, then the applicant shall adjust mitigation measures to the satisfaction of the City. OT -10 Any excavation work within the protected zone of any (preserved) oak tree shall 22 be performed with the use of hand tools only. No tractors, backhoes, or other vehicles may be used or parked in the protected zones. All excavation in the protected zones shall be performed under the direct supervision of the applicant's oak tree consultant. Roots encountered shall be treated as discussed within the City Oak Tree Preservation Guidelines and the City Oak Tree Report. No roots of 2" or greater in diameter may be cut. The CCR's shall include such a limitation running with the land. For trees to be preserved on site, and for any trees to be transplanted, the applicant shall follow all recommendations contained in the Oak Tree Report prepared by Biological Assessment Services, dated August 1991. OT -11 No turf grass shall be placed within the drip line of any oak tree. The CCR's shall include such a limitation running with the land. OT -12 Natural grade shall be maintained at the trunk of each oak tree preserved on site. If alterations are proposed, they shall be to the satisfaction of the Community Development Department. The CCR's shall include such a limitation running with the land. OT -13 All planting within the protected zone of any oak tree shall be drought -adapted and resistant to Oak Root Fungus and Avocado Root Rot. The CCR's shall include such a limitation running with the land. OT -14 No spray irrigation shall be installed within fifteen feet of the trunk of any oak tree. The CCR's shall include such a limitation running with the land. OT -15 Prior to the issuance of a building permit for any lot or parcel, the applicant shall place a minimum of three inches of organic mulch within the dripline of each oak tree, to the satisfaction of the City. Decomposed granite (non -compacted) is an acceptable alternative. OT -16 Adequate drainage measures shall be installed to ensure that nuisance water does not flow or collect near the base of any oak tree. OT -17 No equipment or materials shall be stored within the protected zone of any oak tree. OT -18 Paving materials, such as cellular concrete, gravel, interlocking pavers or brick on sand, gravel, decomposed granite, or similar materials may be used under any oak tree subject to the Santa Clarita Oak Tree Protection and Preservation Ordinance and Guidelines and to the approval of the City. OT -19 Landscape plans for any portion of the site which encompass existing or proposed oak trees shall be submitted for review and approval by the Oak Tree Specialist. OT -20 Other mitigation measures as described within the applicant's Oak Tree Report shall be incorporated into the project, under the direction of the applicant's oak tree consultant. 23 OT -21 Prior to occupancy of any phase of the project, the applicant's oak tree consultant or other responsible individual shall provide a letter of certification to the Community Development Department that all work was completed in accordance with the above conditions. OT -22 If the oak tree consultant observes any work in violation of this permit and/or the Oak Tree Preservation Ordinance, the consultant shall immediately contact the City of Santa Clarita and stop work at the affected location until City staff authorizes work to continue. OT -23 The applicant shall notify the Department of Community Development in writing within five (5) days of any changes to the oak tree consultant of record. OT -24 All other applicable provisions of Section 17.17.090 of the Unified Development Code (Santa Clarita Oak Tree Protection and Preservation Ordinance) and the Oak Tree Preservation and Protection Guidelines shall apply. OT -25 The applicant shall place applicable notes on the grading plan for each phase to ensure compliance with the conditions of approval relating to oak trees. PUBLIC WORKS -TRANSIT TR -1 The transit mitigation fee of $200 per residential unit shall be paid prior to building permit issuance. TR -2 Standard bus stop improvements, including shelters, signage, benches, trash cans, bus pads, bus turnouts, and pedestrian access shall be provided to the satisfaction of the Transit Division and Traffic Engineering. Locations shall be to the satisfaction of the Transit Division and Community Development. The ideal distance between bus stops is 750 feet, with the minimum being 500 feet and the maximum distance, 1,000 feet. At bus stops, landscaped parkways should be eliminated and sidewalks should be at least 10 feet wide to facilitate bus shelters. TR -3 Direct pedestrian access shall be provided from all areas of development that are within 1/4 mile from Main Street or Via Princessa to the satisfaction of the Transit Division and the Community Development Department. Access must be available prior to the issuance of Certificates of Occupancy. Direct pedestrian access to the Santa Clarita Transportation Center shall be available prior to the issuance of any Certificate of Occupancy. Prior to the construction of the people mover in the final phase, and after the first 250 residential units are completed, the applicant shall provide transit service or an alternative direct pedestrian access from the Town Center Area to the Transportation Facility. Service shall be monitored and adjusted every six months to the satisfaction of the Transit Division. TR -4 The applicant shall dedicate and record an easement in perpetuity to the City for the existing rail and bus platform and pedestrian and vehicle access to the platform to the satisfaction of the City prior to recordation of the final map. 24 TR -5 The applicant shall dedicate and record an easement in perpetuity to the City for the future people mover/escalators, stairways, and landings to the satisfaction of the City prior to recordation of the final map. Half the width of the right-of- way shall be on the applicant's property. FIRE DEP RTMENT FD -1. The applicant shall provide appropriate public and private fire hydrants, fire lanes, access, building heights, construction practices, sprinklers and fire mitigation fees, in accordance with the Fire Code. PARKS AND RECREATION PR -1 The applicant shall provide to the City the appropriate acreage, or a combination of land and fees, as determined by the City ordinance, for park land. In the event that the Department of Parks, Recreation, and Community Services determines that it is inadvisable to accept land, the applicant shall be required to pay a park in -lieu fee equal to an equivalent amount of land as established by ordinance. The applicant shall fulfill the appropriate Quimby requirements at the time of recordation of each development phase. PR -2 Prior to the recordation of an applicable final tract/parcel map, the applicant shall dedicate an easement to the City of Santa Clarita or its designee over lots 65-76 for the permanent preservation of open space in a manner meeting the approval of the Director of Parks, Recreation, and Community Services. Maintenance, upkeep, and liability for said easement area shall remain the responsibility of the applicant or assignees and successors (i.e., homeowner's association) or current underlying owner(s) of said easement area and shall not be included in said dedication offer. PR -3 A homeowner's association (HOA)or other entity, to which the City shall be made a party, shall be formed prior to recordation of the final map to have responsibility and authority of all slope maintenance, including, but not limited to, landscaping, irrigation, and trees to the satisfaction of the Directors of Community Development and Parks, Recreation, and Community Services. PR -4 A special Landscape Maintenance Assessment District shall be formed prior to recordation of any phase or issuance of permits having the responsibility and authority of all maintenance, including, but not limited to, landscaping, irrigation, street trees, and medians within the City right-of-way. The Landscape Maintenance District shall be annexed into the City-wide major arterial Landscape Maintenance District at such time as the City forms a district or assumes an existing City-wide district. PR -5 The applicant shall demonstrate a reasonable effort to use reclaimed water for all landscape irrigation systems in the public and private areas of the developments to the satisfaction of the City Engineer and applicable State law. PR -6 The applicant shall provide final landscape and irrigation plans on private 25 property to the satisfaction of the Parks, ity Ses Recreation, and Communrvice Department prior to certificate of occupancy. Drought -resistant plant material and water -efficient irrigation systems should be utilized in the design. PR -7 The applicant shall provide median landscaping improvements to the medians adjacent to and within the project prior to project acceptance. These improvements shall be to the satisfaction of the Director of Parks, Recreation, and Community Services. PR -8 The proposed park site must have room for a building 3,000 square feet outside the fault zone. The park sites must conform to the pad of at Unified Development Code and the attached "Guidelines for Park Dedication" requirements, Exhibit "H". PR -9 All public trails shall be constructed using CalTrans bikeway and the City's adopted trail standards, to the satisfaction of the Department of Parks, Recreation, and Community Services. PR -10 Class I, II, and III trails will be required throughout the project to provide non - motorized access, to the satisfaction of the Director of Parks, Recreation, and Community Services. Non -motorized access is to be provided to the Metrolink Station to include pedestrians and bicyclists, to the satisfaction of the Director of Parks, Recreation, and Community Services. The existing railroad bridge is to allow for a bicycle under crossing connecting the Chuck Pontius Commuter Rail Trail to the Metrolink Station, to the satisfaction of the Director of Parks, Recreation, and Community Services PR -11 The applicant shall construct and landscape medians on all major highways constructed within the boundaries of the project, in accordance with the Specific Plan. t11e:Wfnurr.1.pb,=,, ki, 26 st� N 1� 000001* I-V J _ <♦ S '� p r Ii/ ,✓' J 3 I ;% O O N !Z1 N H O N i— i Its "a �o ) CCA o, r- �. C Exhibit 2e Ot REVISED PLAN y 'H N A LAND USE SUMMARY TABLE L✓ M at Land Use Map Key Density Area Target# % of Total % of Total Designation Range (Acres) of Units Dwellings Area Open Space OS na 406.95 na na 40.9% Parks k Recreation P,R na 41.75 na na 4.2% Subtotal 448.70 45.1% Schools S na 10.00 na na 1.0% Master Streets na na 56.00 na na 5.6% Subtotal 66.00 6.6% Single -Family Residential SF 10,000 SF 10,000 2-4 du/ac 63.15 144 4.9% 6.3% SF 8,000 SF 8,000 3-5 du/ac 41.75 127 4.4% 4.2% SF 6,000 SF 6,000 4-6 du/ac 87.50 326 11.2% 8.8% SF 4,000 SF 4,000 6-8 du/ac 35.40 211 7.2% 3.6% SF Paired Sr P 6-8 j.,/dc 72.00 434F __i5.0% 7.2% Sui;total _ 299.80 1,244, 42.7%a 30.1% Multi -Family Residential MF - 10 MF -10 8-12 du/ac 17.50 175 5.0% 1.8176 MF -12 MF -12 10.14 du/ac 21.50 222 ;..,,7 2.2076 MF -18 MF - 18 16-20 du/ac 13.70 204 7.0% 1.4 MF -22 MF - 22 20-22 du/ac 14.30 259 8.9% 1.4% MF -40 MF -40 38-42 du/ac 18.50 532 18.3% 1.9% Center TC 6-8 du/ac na 275 9.4% na _Town Subtotal 85.50 1,667 57.3% 8.6% Commercial Town Center Comm. TC na 24.75 na na 2.5% Soledad Comm. SC na 12.50 na na 1.3% Nieghborhood Comm. NC na 8.50 na na 0.9% Office Park OP na 19.00 na na 1.9% Business Park BP na 27.25 na na 2.7% Institutional I na 4.00 na na 0.4% Subtotal na 96.00 na na 9.6% Total of Project Area 996.00 2,911 100.0% 100.0% Exhibit 2f Land use tabulations are approximate and subject to further verification REVISED PLAN Porta Be1l2SpeciFc Plan �X Porta Bella Draft Specific Plan October, 1991 Prepared for: -The City of Santa Clarita Community Development Department Lead Agentx The Whittaker-Bemiite Company Owner The Anden Group Applicant Prepared by: The SWA Group, Laguna Bcach - Planning and Landscape Architecture Crosby Mead K Benton, Encino - Civil Engineering SGPA. Irvine - Architecture The Jerde Partnership, Vcnice Beach - Architecture Laura Simonck/ESCO. Culver City - Environmental Tom Dodson Associates, San Bemanlino - Environmental Delta Environmental, Rancho Cordova, Environmental Biological Assessment Services. Los Angeles - Biology Lilbum Corporation. San Bernardino - Biology Barton Aschman Associates. Pasadena - Trak Pacific Soils. Harbor City - Geotechnic/Soils Acton Mickelson Van Dam. Camemn Park- Hazardous Waste Alfred Gobar Associate,. Brea - Economics Ex • �> J01.hu I?azardouQ material, sewage or wastenwh ch hazard ous or toxic substance, prohibited by statute, rule, re regulated, controlled or any governmental authorit the ulation, decree or order of United States Government ynow or State of California or effect. The term at any time the limitation, an "Hazardous Materials" hereafter in y material or substance whichiisludes, without 1.defiined�as a "hazardous waste," "extremely hazardous r restricted hazardous waste" under Sections 2SI40,Of the 7California Health andor 25122.7, or eSafet Codd Pursuant to Section 20, Chapter 6.5 (Hazardous Waste Control Law); Division 2. defined as a "hazardous substance" under the Carpenter -Presley -Tanner Hazardous Substance Account Act Section 25316 of the California Health and Safety Code. , Division 20, Chapter 6.a ("HSAA Act"); 3. defined as a "hazardous material," hazardous substance," or 'hazardous waste" under Section 25501 (i), (k), and (1) of the California Health and Safety Code, Division 20, Chapter 6.7 (Hazardous Materials Release Plans and Inventory); 4. defined as a "hazardous substance" under Section 25281(d) of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Hazardous Substances); Storage of 5. defined as "waste" in Section 13050(d) of the California water Cods (the porter -Cologne water Quality Act); 6• petroleum, includingcrude oil or an thereof, natural y fraction natural oas, or synthetic gas liquids, liquefied mixture theriof; y gas usable for fuel, or any 7. listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 2 of Title'22 of the California Administrative Code, Division 4.5, Chapter 10; 8. designated as a "hazardous substance" pursuant to Section 311(a)(14) of the federal water Pollution control Act, 33 U.S.C. Sections 1251, 1321(a)(14); 9. defined as a "hazardous waste" pursuant to Section 1004 of the Solid waste Disposal Act Amendments to the Resource Conservation and Recovery Act. 42 U.S.C. Sections 6901, 6903 (5); 10. defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended, 42 U.S.C. Section 9601(14); 11. polychlorinated biphenoyls (PCBs), asbestos or urea formaldehyde foam insulation; 12. organochlorine pesticides (GCBs), including but rot limited to DDT, DDD and DDE; or 13. any other chemical, material, or substance that, because of its quantity, concentration, or physical or chemical characteristics, exposure to which is limited or regulated for health and safety reasons by any governmental authority, or which poses a significant present or potential hazard to human health and safety or to the environment if released into th" work place or the environment. se zmvoi �u ^v 1 1 0 r I'F aG 11� Guidelines for Park Dedication �. H 1. Proposed site to have a minimum usable area of 5 acres. 2. Land shape and configuration to permit active recreation, as determined by the City. 3. Street frontage with adequate parking should be provided to permit accessibility and to aid in security and protection against vandalism, as determined by the City. 4. Infrastructure provided to the site by developer to include power, sewer, water, gas line, cable T.V., telephone, storm drains, etc. 5. Park site grade must be 3% or less to qualify, as determined by City. 6. Park must be in an acceptable location; the service area should not be divided by natural or artificial barriers (e.g., freeways, railroads, commercial or industrial use, flood control channels, or utility easement). 7. The neighborhood environment must allow active recreation, as determined by the City. 8. Relationship of park location to other existing or proposed parks - there must be need'for a park in the area, as determined by the City. 9. Safety factor - must be a safe area for park use, e.g., site should not be in or near flood plain, rock slide area, toxic chemicals, traffic and other natural barriers, as determined by City. 10. Developer to provide right of way and street improvements to the park site - e.g., driveway, curb, gutter, sidewalk, etc. 11. Park to be geographically situated so that it is convenient and accessible to the neighborhood which it serves. 12. Wherever possible, neighborhood parks should be located adjacent to schools. 13. Wherever possible, the park must be linked to the Citywide trail system. 14. Developer are encouraged in tract planning to place street lights adjacent to park sites wherever practical. 15. Developer shall install a six-foot block, brick wall or wrought -iron fence between park and homes siding or backing on park. Wall or fence shall conform to City standards. 16. The proposed park must adhere to the City's General Plan.