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HomeMy WebLinkAbout1996-04-16 - RESOLUTIONS - MC 96-002 PERMIT 96-001 (2)RESOLUTION NO. 96.33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA UPHOLDING THE PLANNING COMMISSION DECISION AND APPROVING CONDITIONAL USE PERMIT 96.001 AND MINOR USE PERMIT 96-001 TO ALLOW FOR THE DEVELOPMENT OF A HOTEL/CONFERENCE CENTER FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MCBEAN PARKWAY AND THE FUTURE TOWN CENTER DRIVE (MASTER CASE NO. 96-002) 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. An application for a conditional use permit was filed on January 5, 1996 by the Newhall Land and Farming Company (the "applicant"). The property for which the entitlement was filed is located at the southwest corner of McBean Parkway and the future Town Center Drive (Assessor's Parcel No. 2861-002-096). The existing zoning for the project site is CTC (Commercial Town Center). b. The applicant has filed a conditional use permit to develop a 6.3 acre site with a 203 room hotel and a 20,000 square foot conference center. The request also includes a Phase II expansion of both the hotel and conference center. Phase II would include adding 70 rooms to the hotel and 5,000 square feet to the conference center. The hotel would be five stories and approximately 75' tall. The conference center would be one story. The applicant is also requesting a 20% adjustment to parking standards to accommodate shared parking. A minor use permit has been requested to allow for the on-site sale of alcohol. C. The project site is designated by the City's General Plan as Commercial Town Center (CTC), and is located within the Valley Center Overlay. The uses proposed by the applicant are permitted with the inclusion of a conditional use permit and minor use permit. d. For the hotel, the applicant has proposed a building height of up to 75 feet measured from the main entrance grade, and the construction of a hotel of approximately 113,000 square feet with five stories and 203 guest rooms. Other accessory uses include a restaurant, recreational facilities and three meeting rooms. The Phase II expansion of the hotel would increase the number of guest rooms to 273 rooms. e. For the conference center, the applicant has proposed a building area of 20,000 square feet. It would include a main ballroom and three meeting rooms. The occupancy of the facility would be 900 persons. The Phase II expansion of the conference center would increase the building area to 25,000 square feet. £ The applicant's proposal is being considered as part of the original Valencia Town Center mall approval for 2.2 million square feet of retail space (Vesting Tentative Parcel Map 20795). The applicant's proposals for a building height in excess of 35-0", and for the possible use of the retail area as a restaurant serving alcoholic beverages are non - discretionary as both proposals were permitted under the Los Angeles County codes in effect at the time of approval of Vesting Tentative Parcel Map 20795. g. The applicant is proposing one grading operation to prepare lots 2, 3, 4, and 5 of VTPM 20795 which includes the subject site. Total proposed grading is 372,000 cubic yards --282,000 cubic yards was approved under VTPM 20795 and the remaining 90,000 cubic yards of grading was approved by Master Case 95-166 (Spectrum Health Club). h. Public services and utilities are existing adjacent to the subject property. A storm drain will be constructed using EDA funds as part of the grading on this site. All public services and utilities would be connected to the site. Access to the site would be from two driveways on McBean Parkway. i. The surrounding land uses are vacant commercial and a golf course to the south, and west. East of the project site is the existing Valencia Town Center mall, and the three story office building which is presently under construction. The vacant property to the north and across Town Center Drive from the project site is the future location for the Spectrum Health Club and a restaurant/retail center. On November 28, 1995, the City Council approved a Memorandum of Understanding between the City and the Newhall Land and Farming Company for the development of a hotel/conference center. The Memorandum included a City funding contribution of $3,075,000 from an EDA Grant to be used towards infrastructure improvements including a storm drain (EDA Storm Drain CIP Project). k Upon receipt of the application, the proposal was circulated for City Department and agency review. An Initial Study and Negative Declaration were prepared for the project. The City of Santa Clarita Development Review Committee (DRC) met on January 25, 1996, and supplied the applicant with draft conditions of approval. 1. A public hearing was duly noticed for the Planning Commission on February 6, 1996, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. At that hearing the Planning Commission approved Resolution P96-03 approving the proposed hotel/conference center and adopting the proposed Negative Declaration. In. On February 21, 1996, the Planning Commission decision of approval on the hotel/conference center was appealed by Mr. John Steffen. Mr. Steffen cited the need for additional geologic investigation and the need for additional environmental review as substantive reasons for the appeal. n. A public hearing was duly noticed for the City Council on March 26, 1996, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. The notice of the hearing included reference to the appeal. At this meeting, the City Council took public testimony on the the project and continued the item to the Council meeting of April 16, 1996. In continuing the item, the Council directed staff to prepare written responses to each of the issues raised by the public during testimony on the item. o. A duly noticed public hearing was held by the City Council on April 16, 1996, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon the study and investigation made by the City Council and on its behalf, the City Council further finds as follows: a. At the hearing of March 26, 1996, the City Council considered the staff report prepared for this project and received testimony on the proposal and on the appeal of the Planning Commission decision of February 6, 1996. b. The City's General Plan designation for the project site is Commercial Town Center (CTC), with the Valley Center Overlay. Uses may include hotels, conference centers, health clubs, retail clothing stores, supermarkets, movie theaters, restaurants with entertainment, and other related uses. The CTC zone permits a wide range of retail, service, and related activities which are of a community and regional nature and are located in and around a large regional shopping center. C. The granting of the conditional use permit will not adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area; nor be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the subject property; nor jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. d. The project design will not cause substantial environmental damage to fish or wildlife, as the project is located in an urbanized area. e. The use will not affect existing circulation, nor will it adversely affect the peace, comfort and/or welfare of persons residing in the surrounding area. A geotechnical report was submitted and reviewed as part of the preparation of the environmental review. The mitigation measures and conditions of approval for this project include adherence to the recommendations of the project geotechnical study to mitigate any potential geotechnical impacts. g. The project was reviewed pursuant to the California Environmental Quality Act (CEQA). It was determined that the project would not have a significant environmental impact, as mitigation measures were included in the project design / conditions of approval. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: a. The proposed project will not have a significant affect upon the environment pursuant to the California Environmental Quality Act (CEQA). Conditions of approval have been added to the project to mitigate all identified impacts caused by the project. b. The basis of the appeal of the Planning Commission decision is unfounded since a geotechnical report was submitted for the project and incorporated into the project approval, thereby ensuring that the project will mitigate potential geotechnical problems. Since the initial study for the project and attendant mitigation measures and monitoring program identify that all potential impacts can be mitigated to levels less than significant, a mitigated negative declaration is the proper environmental document prepared and no additional environmental review is necessary to comply with the California Environmental Quality Act (CEQA). C. The project is compatible with existing development in the area, consistent with the City's General Plan, and complies with the standards of the CTC zone with the inclusion of a conditional use permit and minor use permit. The applicant has substantiated the required findings for the granting of a conditional use permit, parking adjustment and minor use permit. A condition of approval requires staff to monitor parking at the site for a period of two years to ensure that the shared parking concept is working. d. Pursuant to Government Code Section 65907 and Code of Civil Procedure Section 1094.6, any action or proceeding to attach, review, set aside, void or annul this decision, or concerning any of the proceedings, acts, or determination taken, done or made prior to such decision or to determine the reasonableness, legality or validity of any condition attached to this decision shall not be maintained by any person unless the action or proceeding is commenced within 90 days of the date of this resolution and the City Council is served within 120 days of the date of this resolution. The City Clerk shall send a certified copy of this resolution to the applicant, and if any, the appellant at the T address of said person set forth in the record of the proceedings and such mailing shall constitute the notice required by Code of Civil Procedure Section 1094.6. SECTION 4. The City Council hereby adopts the mitigated negative declaration prepared for the project with the finding that the project will not have a significant effect upon the environment, upholds the Planning Commission decision and approves Master Case 96-002, subject to the attached conditions of approval. PASSED, APPROVED AND ADOPTED this 16th day of April , 19 96 _ MAYOR 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 16th day of April 199_ by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Smyth, Darcy, Klajic, Boyer Heidt ABSENT: COUNCILMEMBERS: None TTY CLERK s: \council\res96-33.1hs CONDITIONS MASTER CASE NUMBER 96-002 CONDITIONAL USE PERMIT 96-001 MINOR USE PERMIT 96-001 1. The approval of this Conditional Use Permit/Minor Use Permit shall expire if not put into use within two years from the date of conditional approval. 2. The applicant may file for an extension of the conditionally approved Conditional Use Permit/Minor Use Permit prior to the date of expiration, for a period of time not to exceed one year. If such an extension is requested, it must be filed no later than 60 days prior to expiration. 3. The applicant shall be responsible for notifying the Department of Community Development, in writing, of any change in ownership, designation of a new engineer, or a change in the status of the developer, within 30 days of said change. 4. Unless otherwise apparent from the context, the term "applicant" shall include the applicant and any other persons, corporation, or other entity making use of this grant. The applicant shall defend, indemnify, and hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attach, set aside, void, or annul the approval of this Permit by the City, which action is provided for in Government Code Section 66499.37. In the event the City becomes aware of any such claim, action, or proceeding, the City shall promptly notify the applicant, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing contained in this Condition prohibits the City from participating in the defense of any claim, action, or proceeding, if both the following occur: 1) The City bears its own attorneys' fees and costs; and 2) the City defends the action in good faith. The applicant shall not be required to pay or perform any settlement unless the entitlement is approved by the applicant. Details shown on the site plan are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City policies must be specifically approved. At any point in the development process, a stop -work order shall be considered in effect upon the discovery of any historic artifacts and/or remains, at which time the City shall be notified. The applicant shall hire a qualified consultant that the City approves to study the site and recommend a course of action, to the satisfaction of the City. The applicant shall obtain the required approvals and pay all the applicable fees at the building permit issuance stage. Resolution 96-33 Page 2 8. The applicant shall provide street trees to the satisfaction of the Parks and Recreation Department. Trees shall be used from the City's approved master street tree list, which can be obtained from the City Arborist. The irrigation and maintenance of these trees shall be per City Ordinance 90-15. 9. The applicant shall provide final landscape and irrigation plans to the satisfaction of the Parks and Recreation Department. Drought resistant plant material and water efficient irrigation systems shall be utilized in the design. The landscape plan shall include measures to adequately screen the service area from McBean Parkway. 10. The applicant shall record the subject lot as part of the original Valencia Town Center approval (VTPM 20795) to the satisfaction of the City Engineer. 11. The applicant shall provide proof of payment of Bridge and Thoroughfare District fees, as the project is included in the original Valencia Town Center Mall approval T (VTPM 20795). If proof of payment cannot be provided, then the applicant shall be responsible for payment of Bridge and Thoroughfare Fees to the satisfaction of the City Engineer. 12. Prior to the issuance of building permits, the applicant shall submit a drainage concept to the satisfaction of the City Engineer. 13. Driveways shall be constructed using the City of Santa Clarita's Alley Intersection Design No. 4401. The applicant shall obtain approval from the Traffic Engineer for the location of all driveways. 14. The applicant shall construct sidewalk on McBean Parkway along the project's frontage to the satisfaction of the City Engineer. 15. The applicant shall comply with all Stormwater Utility regulations, if applicable. 16. The applicant shall be required to extend mainline sewer to the serve the site. 17. A supplemental traffic study shall be approved by the City's Traffic Engineer. Mitigation measures identified in this study shall be in place at the required and appropriate time as indicated in the above study. 18. All additional building and grading requirements will be established at the time of T plan check and permit issuance. Resolution 96-33 Page 3 19. In conjunction with the submittal of working drawings to the Building and Safety Division, the applicant shall submit final building plans, elevations, and exterior materials for review and approval by the Director of Community Development. These plans shall be substantially consistent with those elevations and renderings approved by the Planning Commission. 20. The building layout shall conform to the exhibit submitted to the Community Development Department and approved by the Planning Commission. 21. This grant shall not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed, with the Director of Community Development, their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. 22. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statue, or ordinance is violated, the permit shall be suspended and the privileges granted hereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of 30 days. 23. All requirements of the Zoning Ordinance and of the specific zoning of the subject property must be complied with unless set forth in the permit and/or shown on the submitted plot plan. 24. The applicant shall comply with the requirements of the City's Trip Reduction and Travel Demand Ordinance. 25. The project shall have a maximum height of 75' above grade. 26. The applicant shall provide for minimum 26' wide drive aisles throughout the project site. 27. Future expansion (Phase II) of the hotel and conference center, as shown on the submitted plan, is approved subject to the following requirements: a) Future addition areas shall not exceed 75' in height; and, b) The future expansion shall be architecturally consistent with the Phase I buildings; and, c) Additional parking, per the requirements of the Unified Development Code, shall be provided in conjunction with the future expansion of the project or a City approved Shared Parking Program for the area west of McBean Parkway shall be in place. Resolution 96-33 Page 4 28. On-site sale of alcohol, in conjunction with the operation of the hotel and conference center, is permitted. 29. Shared parking between the hotel and conference center is permitted. A maximum parking reduction of 20% is granted. For a two year period, the Director of Community Development shall retain discretion, upon inspection and verification of a need for additional parking, to reconsider the parking adjustment. Upon verification of a problem, the Director will notify the property owner to discuss possible solutions. If a mutually agreed upon solution cannot be reached with the property owner, the Director may schedule the item before the Planning Commission for reconsideration of the parking adjustment. The construction of additional parking spaces on-site or within close proximity of the site, or other potential solutions may be required by the City to resolve a verified parking problem. PUBLIC WOR S 30. The applicant shall provide recycling receptacles in public access areas for glass, aluminum, and plastic. 31. The applicant shall provide space for three recycling containers, with a capacity of 10 yards each. current\con96002.gea