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HomeMy WebLinkAbout1998-03-10 - AGENDA REPORTS - RESO 98 29 APPROVING MC 97 170 (2)AGENDA REPORT City Manager Approv; Item to be presented PUBLIC HEARING DATE: March 10, 1998 Jennifer Reid SUBJECT: AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF MASTER CASE 97-170 (CONDITIONAL USE PERMIT 97-014 AND ADJUSTMENT 97-008), TO ALLOW FOR THE CONSTRUCTION OF 198 APARTMENT UNITS AND 12 TOWNHOUSE UNITS IN THE CTC (COMMERCIAL TOWN CENTER). THE PROJECT IS GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MCBEAN PARKWAY AND MAGIC MOUNTAIN PARKWAY, IN THE VALENCIA COMMUNITY. THE APPELLANT IS THE CITY OF SANTA CLARITA CITY COUNCIL. DEPARTMENT: Planning and Building Services RECOMMENDED ACTION City Council open the public hearing, receive testimony, and adopt Resolution No. 98-29 approving Master Case 97-170 (Conditional Use Permit 97-014 / Adjustment 97-008), subject to the attached conditions of approval. BACKGROUND On January 20, 1998, the Planning Commission adopted Resolution No. P98-04, approving Master Case 97-170 which includes a request for a conditional use permit and an adjustment in order to construct 198 apartment units and 12 townhouse units in the CTC (Commercial Town Center) zone. The specific conditional use permit requests include: the construction of multi -family residential units in the CTC zone, a building height limit for appurtenant structures of up to 42'-0", and the installation of gates for the residential project. The adjustment requests include a reduction in the project's parking by approximately 16%, the use of 34 tandem parking spaces to apply towards the project's parking requirement, and the use of mature shade trees as cover over the 34 tandem parking stalls (as opposed to cover by a traditional carport design). During the regular City of Santa Clarita City Council meeting of January 27, 1998, the Council, by a 5-0 vote, decided to appeal the Planning Commission's approval of Master Case 97-170. Two Planning Commission public hearings were held on the project. The first hearing was held on January 6, 1998, and the second was held on January 20, 1998. Over the course of these hearings, the Planning Commission received testimony from the public, the applicant, and from staff regarding-�he proposal. The main issues discussed during the public hearings are presented below. Confinued To: ,�_g S/ Parking Capacity: The applicant's request includes a reduction in the project's required parking by approximately 16%. The City's Unified Development Code (UDC) requires the project to provide 479 parking spaces (369 resident spaces and 110 guest spaces), while the applicant is proposing to develop the site with 403 parking stalls (315 resident spaces and 88 guest spaces). An additional 25,000 square feet of area would need to be provided on-site in order to supply the additional 76 parking spaces required by the UDC. This area would consist of asphalt(concrete pavement, and would require the further construction of carport stalls. Furthermore, the addition of such parking stalls would necessitate the removal of at least one residential apartment building. The applicant providedstatistical data comparing the requested parking for the Town Center Apartment project with existing parking ratios for similar apartment projects located within the City of Santa Clarita. Three apartment projects were analyzed, and it was shown that all were parked at similar ratios to the proposed Town Center Apartment project. As an additional condition of approval, the Planning Commission also mandated that none of the parking spaces provided for the project could be rented to residents. The statistical data presented by the applicant is included in the reading file for the Council's reference. Tandem Parking: Approximately 34 out of the 403 parking spaces provided are designed as tandem spaces. Of these 34, approximately eight would be assigned to one bedroom units: the remaining 26 stalls would be assigned to two bedroom units. The Planning Commission approved the tandem units because the overall site design was superior to that of a site design without tandem spaces. The removal of the tandem parking stalls would necessitate the construction of three drive aisles (as opposed to two drive aisles), less landscaping, and additional carports: Furthermore, the addition of a third drive aisle could create more potential for on-site traffic conflicts. Trees for covered parking- The use of trees as cover for the 34 tandem parking stalls was approved by the Commission. The trees, which would be used in lieu of a covered carport, were conditioned to be of a clean, evergreen variety that does not attract a significant bird population. The Commission approved of the trees as cover due to their aesthetic enhancement to the project site, and because the trees lend themselves to increasing the project's livability. Guest Parking Along Town Center Drive: The applicant is providing approximately 30 guest parking stalls for the project which will be located along Town Center Drive. The Planning Commission added a condition of approval requiring the applicant to reserve the 30 guest stalls through the addition of on-site signage, with the implementation of a future guest parking permit program if found necessary. The project's conditions of approval are available in the reading file. Bicycle Accommodations: At the request of the Planning Commission, the applicant agreed to add two bicycle racks to the project site, each of which will accommodate 6 bicycles (12 bicycles total). School Mitigation: As the project's approval does not require legislative action, the City is legally bound to only require the applicant to pay State statutory fees for school mitigation. The William S. Hart High School District was not satisfied with this mitigation, and requested that the applicant, at minimum, pay the Joint Valley -wide fee established in 1991. The applicant has agreed to pay the Joint Valley -wide fee, which exceeds the State statutory fee. Gates: The applicant has proposed the installation of two gates for the project, both of which are set back from Town Center Drive. The gates do not block traffic along Town Center Drive, but do restrict employees/patrons of the commercial sites (adjacent to the project) from utilizing the Town Center Apartment residents' parking area. The Planning Commission approved the installation of such gates, which are subject to the City's Gating Ordinance standards. In summation, the Planning Commission approved the project, including all conditional use permit and parking adjustment requests. The project strives to meet the goals of a livable project, and is well-suited for the proposed location. Higher density residential uses located within the Valley Center are appropriate and supported by the City's General Plan. The Town Center Apartments are located close to a regional mall and to transit facilities, and also incorporates a pedestrian -friendly design. A walking path is provided on the project site, which ties the Town Center Apartments into the Avignon residential neighborhood to the west, and also ties both residential areas directly to Town Center Drive. The landscaping and architecture of the project lend themselves to an urban feel, with a mix of residential and commercial activities in the vicinity of the site promoting a highly active area within the City. While the Unified Development Code does require a higher amount of parking than was approved, it is felt that a project of this type was not envisioned at the time the UDC was being formulated. The Planning Commission believes that the benefits of the overall project outweighs the potential costs of not fulfilling the parking requirements as specified by the Code. Also, the use of mature trees as cover for 34 of the 403 parking spaces provided enhances the aesthetics of the project greatly, and creates a more user-friendly atmosphere for the residents of the project. FOAL IWACT None by this action. ALTERNATIVE ACTIONS None as identified by staff. ATTACHMENTS Reading File: Parking statistics and conditions of project approval Resolution No. 98-29 Parking adjustment analysis sApbs\current\mc97170r.app CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING AN APPEAL OF THE PLANNING COMMISSION'S DECISION.TO APPROVE MASTER CASE NUMBER 97-170 (CONDITIONAL USE PERMIT 97-014 AND ADJUSTMENT 97-008). THIS. PROJECT IS LOCATED IN THE VALENCIA COMMUNITY OF THE CITY OF SANTA CLARITA. THE APPELLANT IS THE CITY OF SANTA CLARITA CITY COUNCIL. PUBLIC NOTICE IS HEREBY GIVEN: The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 10th day of March, 1998, at or after 6:30 p.m. Notice of Public Hearing regarding an appeal of the Planning Commission's decision to approve Master Case Number 97-170 (Conditional Use Permit 97-014 and Adjustment 97-008). This project is located in the Valencia community of the City of Santa Clarita. The appellant is the City of Santa Clarita City Council. The proposed project includes the construction of 198 apartment units and 12 townhouse units over a 7.36 acre parcel in the CTC (Commercial Town Center) zone. The conditional use permit approved allows for: the construction of residential units in the CTC zone; appurtenant structures to be built at a height no greater than 42% and the installation of gates for the project. The adjustment approved allows for: a reduction in the project's required parking by approximately 16%; the use of 34 tandem parking spaces as required parking; and the use of mature shade trees as cover over the 34 tandem spaces, as opposed to cover by a traditional carport design. The zoning and general plan categories for the site are consistent (CTC - Commercial Town Center). The project is generally located on the southwest corner of McBean Parkway and Magic Mountain Parkway, behind the currently developed Spectrum Athletic Club. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's office, Santa Clarita City Hall, 23920 Valencia Blvd., 3rd Floor, Santa Clarita, California. If you wish to challenge this order in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. Dated: February 10, 1998 Sharon L. Dawson, CMC City Clerk Publish Date: February 17, 1998 Parking Analysis Materials presented at the Planning Commission meeting of January 6,1998: Parking/Site Design: In designing the Town Center Apartment project, the Newhall Land & Farming Company applied concepts, which promote a 'hew urbanism" environment. The site could potentially be developed with high-intensity commercial uses, but the applicant believes that inclusion of high density, moderate income housing in the Valley Center lends itself to a pedestrian friendly, mixed use area with less dependence on the automobile. The project incorporates pedestrian paths leading to Town Center Drive, to the Avignon project, and to future commerciallretail uses in the immediate vicinity. Furthermore, the City's future transit center will be located approximately 1/4 mile south of the project site, thus encouraging the.use of public transportation by increasing the accessibility to such. The City received a letter from SCOPE supporting the project, stating that,"Higher density housing is not only appropriate in this area but is also compatible with the `livable communities' concept. We encourage the City and the developer to augment livable communities principles by encouraging easy and aesthetically pleasing pedestrian access to adjacent city center activities." The letter is attached for your reference. The orientation of the apartment buildings also supports concepts of new urbanism. The apartment buildings front in one of two directions: towards Town Center Drive, or towards the Valencia Country Club golf course. Therefore, the apartment units are oriented away from the parking areas and towards either -a street scene or an open vista (with an adjacent pedestrian pathway). During the City's review of the project, staff recommended that the applicant incorporate design variations to avoid the typically long, linear and monotonous appearance of the required carports. The parking areas were also conditioned to be predominantly screened from view of the public street, and enhanced by landscaping and/or other decorative design materials. In response to this condition, the applicant has designed the parking area with extensive landscaping, including the addition of mature trees, and landscaping which softens the harsh appearance of the carports. By incorporating such elements, the applicant is requesting that the City Council accept mature shade trees as cover over approximately 34 parking spaces, in lieu of providing carports over these parking stalls. All other covered parking spaces are provided for throughout the site. The parking adjustment being requested by the applicant proposes a.16% reduction in the number of required parking spaces for the project. A total of 479 parking spaces are required for the project (105 guest spaces and 374 resident spaces). Of the parking required, only the guest spaces are permitted to be uncovered. A 16% reduction in parking results in the following parking requirements: 88 uncovered guest parking spaces, and 315 covered resident parking stalls. According to the Unified Development Code, the Director of Planning & Building Services may grant an adjustment for a maximum change of 20% of the development standard. The applicant's request falls within this 20% maximum, and could have therefore been granted by the Director. For comparison purposes, the NorthGlen apartment project has approximately 15% less parking than is required by the City's UDC, and the Portofino apartment complex has 17% less parking than is required by the Code. Both of these projects were approved under the jurisdiction of Los Angeles County, and therefore were not constructed in accordance with the City's parking provisions. However, the applicant is further requesting that the City Council grant the following variations from the Code: 1). that 34 tandem parking stalls be credited towards the project's total parking requirement; and, 2). that those 34 tandem parking stalls be "covered" by mature shade trees as opposed to being covered by a traditional carport. One of the applicant's request encompasses a site design issue. If the City Council does not approve of the mature shade trees application towards the project's "covered" parking requirement, the applicant would be required to provide a more traditional carport design. Staff feels that, in limited number, the use of mature shade trees as opposed to a covered carport leads to a more aesthetically pleasing site design, and lends itself to the livability of the project. The City Council's determination to deny the applicant's second request could result in two scenarios. If the Council does not accept the 34 tandem parking spaces as required parking, the applicant would need to re -design the site plan, or would need to apply for a parking variance. Re -design: A re -design of the site plan would reduce the number of apartment units proposed, and would also diminish the project's liviability: a re -design would result in the loss of the landscaping buffer between the two internal parking aisles, thereby decreasing the aesthetics of the project. Parking Variance: As proposed,.the applicant is requesting a 16% reduction in required parking. This reduction assumes the use of tandem parking spaces for required parking. If the tandem parking is not approved, then the reduction being sought by the applicant would equal 23%. The project would need to be re - advertised, and the applicant would be required to return to the Planning Commission for approval of a variance. In reviewing the project as a whole, staff agreed to present the applicant's proposal to the Planning Commission because of the merits of the project. The Town Center Apartment site is a narrow, L-shaped lot and is difficult to develop, especially with residential units. Secondly, the project supports the new urbanism's move towards mixed residential and commercial development, housing units on downsized lots with front porches and sidewalks promoting walking, and infill development as opposed to development on the fringes of the City. The project also incorporates additional landscaping to conceal the less attractive elements of most apartment developments. Staff reviewed a potential re -design of the project site, and found it to be less aesthetically appealing, as much of the landscaped areas were eliminated. Overall, staff agreed that the benefits of this project warranted a determination by the Planning Commission on the two parking issues at hand. If the City Council approves the project as proposed, the applicant would be required to identify guest parking spaces, and parking areas reserved for the residents. The 34 tandem parking stalls would be clearly marked with "Resident Only", and would be assigned to units required to provide two or more parking spaces. Furthermore, by leaving the 34 tandem spaces unenclosed, staff feels that the spaces will be used for vehicle parking. Often, when tandem spaces are enclosed, the inner-most parking space is used for storage of household goods or recreational vehicles. The applicant has stated that resident's leases will specify that the enclosed garage spaces must be used for vehicle parking. Materials presented at the Planning Commission meeting of January 20,1998: Parking Capacity: The applicant is requesting a reduction in the project's required parking by approximately 16%. The City's Unified Development Code requires the project to provide 479 parking spaces (369 resident spaces and 110 guest spaces), while the applicant is proposing to develop the site with 403 parking stalls (315 resident spaces and 88 guest spaces). An additional 25,000 square feet of area would need to be provided on-site in order to supply the additional 76 parking spaces required. This area would consist of asphalt/concrete pavement, and would require the further construction of carport stalls. Furthermore, the addition of such parking stalls would necessitate the removal of at least one residential apartment building. The applicant provided staff with statistics comparing the requested parking for the Town Center Apartment project with existing parking ratios for similar apartment projects located within the City of Santa Clarita. The apartment projects presented include the Portofino; NorthGlen, and Stonecreek apartment projects. Two types of analyses were presented by the applicant. The first analysis included -the existing amount of parking at local apartment projects as compared to the City's current Unified Development Code (UDC) requirements. This analysis represented, in a percentage format, the reduced amount of parking provided at local apartment projects as compared to what the UDC would require for those projects if built today. For example, the Portofino apartments provide 17% less parking than is currently required by the City's Unified Development Code. The second analysis included the same aforementioned apartment projects as compared to the proposed project. However, the second analysis compared the number of parking spaces provided per bedroom, as opposed to a per unit analysis. For example, the Portofino apartments provide 1.19.parking spaces per bedroom, while the proposed project provides 1.33 parking stalls per bedroom. Both analyses are included in the reading file for your reference. Also in the reading file is a letter from the NorthGlen apartment complex which addresses the adequacy of the complex's existing parking. Staff remains in support of the parking adjustment requests. The project is striving to meet the goals of a livable project, and is well-suited for the proposed location. Higher density residential uses located within the Valley Center are appropriate and supported by the City's General Plan. The Town Center Apartments would be located close to a regional mall and to transit facilities, and also would incorporate a pedestrian -friendly design. The landscaping and architecture of the project lend themselves to an urban feel, with a mix of residential and commercial activities in the vicinity of the site promoting a highly active area within the City. The Unified Development Code does require a higher amount of parking than is being proposed, but a project of this type was not envisioned at the time the UDC was being formulated. Staff feels that the benefits of the overall project outweigh the potential cost of not fulfilling the parking requirements as specified by the Code. Also, the use of mature trees as cover for 34 of the 403 parking spaces provided enhances the aesthetics of the project greatly, and creates a more user- friendly atmosphere for the residents of the project. Tandem Parking: The Planning Commission requested the applicant to provide documentation referencing the adequacy of tandem parking spaces at comparable apartment projects. The applicant included a letter from the Portofino apartment complex stating that tandem parking has worked well at this complex. The letter also addressed Portofino's satisfaction with their parking capacity. The letter is in the reading file. Guest Parking on Town Center Drive: The applicant is providing approximately 30 guest parking stalls for the project which will be located along Town Center Drive. Staff added a condition of approval requiring the applicant to include the Town Center Apartment project in the existing "Shared Parking Monitoring Program' for the Town Center area. The applicant agreed to reserve the 30 guest stalls through the addition of on-site signage, with the possible implementation of a future temporary guest parking permit program, if necessary. Trees for Covered Parking: The Planning Commission expressed concern about the variety of tree(s) which would be used for covered parking. Staff added a condition to the project stating that the mature shade trees shall be a minimum 36" boxed tree, and shall be of a clean, evergreen variety. Staff is continuing to work with the applicant on the specific varieties of trees that would be appropriate for such cover. RESOLUTION NO. 98-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING MASTER CASE 97-170, CONDITIONAL USE PERMIT 97-014 AND ADJUSTMENT 97-008 TO DEVELOP 198 APARTMENT UNITS AND 12 TOWNHOUSE UNITS ON A 7.36 ACRE PARCEL LOCATED GENERALLY ON THE SOUTHWEST CORNER OF MAGIC MOUNTAIN PARKWAY AND MCBEAN PARKWAY, BEHIND THE CURRENTLY DEVELOPED SPECTRUM ATHLETIC CLUB IN THE VALENCIA AREA OF THE CITY OF SANTA CLARITA 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 Master Case 97-170 was filed by the Newhall Land & Farming Company (the "applicant") with the City of Santa Clarita on September 12, 1997. The property for which the entitlement was filed is generally located at the southwest corner of Magic Mountain Parkway and McBean Parkway, behind the currently developed Spectrum Athletic Club (Assessor's Parcel No. 2861-002-062). b. The applicant has filed a conditional use permit and parking adjustment to develop a 7.36 acre site with 198 apartment units and 12 townhouse units in 'the CTC (Commercial Town Center) zone. C. The project site is designated by the City's General Plan as CTC (Commercial Town Center), and is located within the Valley Center Overlay. The multi- family residential use proposed by the applicant is permitted with the inclusion of a conditional use permit. d. In addition to the conditional use permit request for developing multi -family residential units in the CTC zone, the applicant is requesting the approval of a building height of up to 42'-0", and approval of the installation of gates. The inclusion of an approved conditional use permit allows for these requests. e. The parking adjustment filed by the applicant requests a decrease in the project's required parking by 16`!0, requests that 34 tandem parking spaces be applied towards the project's total parking requirement, and requests that such tandem parking spaces be considered covered by the use of mature shade trees as opposed to a traditional covered carport. f. Surrounding land uses include vacant Los Angeles County agricultural land to the north, a golf course and hotel/conference center to the south, the Valencia Town Center regional mall to the east, and a continuation of the golf course to the west of the project site. The unincorporated Los Angeles County territory located north of the site is part of the North Valencia Annexation (Annexation No. 1995-06), and is prezoned City of Santa Clarita zone SP (Specific Plan). The North Valencia Annexation's anticipated completion date is March 15, 1998. g. The City of Santa Clarita's Development Review Committee met on October 16, 1997 and supplied the applicant with draft conditions of approval. h, Approximately 7.36 acres of the site will be graded. The project will require only minimal grading, with such grading consisting of approximately two feet of cut or fill. Additional fills from 0 to 7 feet in thickness will be required to achieve proposed grades behind the townhouses along the southern edge of the site. Any off-site grading will requires the approval of the affected property owner(s). According to the project's geotechnical report, the subject site is not considered susceptible to liquefaction. i. The project proposes the extension of water, utility, and sewerage service to the project site. Access to the site would be from two driveways on Town Center Drive. The project site is zoned CTC (Commercial Town Center). The CTC zone typically 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. However, the City's General Plan allows for the inclusion of high density residential development within and along the edges of the Valley Center. The project site is located along the edge of the Valley Center as defined in the General Plan. Also, the City's Unified Development Code permits residential development in the CTC zone with the inclusion of an approved conditional use permit. k. The project proposes the development of 198 apartment units and 12 townhouse units over a single parcel. Twelve residential buildings will be constructed (ten apartment buildings and two sixplex townhouse buildings). Accessory structures include a clubhouse facility located near the project's pool and recreational area, and a rental office located at the northern end of the project site. The proposed density equals 29 dwelling units per acre, which is well under the 50 units per acre permitted under the City's General Plan. No oak trees exist on-site. 1. An Initial Study and Mitigated Negative Declaration have been prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act (CEQA). m. A duly noticed public hearing was held by the Planning Commission on January 6, 1998 at 7:00 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. During this meeting, the Commission raised concerns regarding the project, and continued the item to the Planning Commission meeting of January 20, 1998. The hearing was continued in order to provide staff and the applicant time to prepare responses regarding the Commission's concerns. n. A continued public hearing was held by the Planning Commission on January 20, 1998 at 7:00 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at which time the Commission approved the project by a 3-2 vote. o. During the City Council meeting of January 27, 1998, the City Council by a 5-0 vote determined that an appeal of the Planning Commission's decision to approve the project was necessary. p. A duly noticed public hearing was held by the City Council on March 10, 1998 at 6:30 p.m. at the City Council Chambers, 23920 Valencia Boulevard, 1st Floor, Santa Clarita. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the City Council and on its behalf, the Council further finds as follows: a. At the hearing of March 10, 1998, the City Council considered the staff report prepared for the project and received testimony on the proposal. Also considered were the previous staff reports prepared for the Planning Commission's consideration, and materials presented to the Commission prior to their determination on.the requested entitlements. b. The project complies with the City's Unified Development Code with the inclusion of an approved conditional use permit and an approved parking adjustment. C. The project is consistent with the City's General Plan. The General Plan designation for the site is CTC (Commercial Town Center) and the zoning category for the site is CTC. Under the City's General Plan, the CTC zone allows for a maximum density of 50 units per acre on the subject site. The project's density is 29 units per acre, which is well below the maximum density permitted in the area. d. Approximately 32% of the site will be preserved as landscaping and natural open space. The project proposes an internal pedestrian -oriented trail system that would allow the residents of the tract to traverse the entire length of the property. The trail system will also provide a direct connection to Town Center Drive, and to the Avignon multi -family residential project adjacent to the Town Center Apartment site. e. Significant vegetation will be incorporated into the project site, with the addition of mature landscaping to enhance the appearance of the required carports. The project will provide mature shade trees in lieu of covered carports for 34 of the required parking spaces. The additional landscaping placed throughout the site will enhance the character of the project and maintain the project's consistency with the surrounding neighborhoods. f. The project will not have a significant effect on the environment. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared for the project. The identified mitigation measures have been incorporated into the conditions of approval. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: a. This project 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 as the project conforms with the Unified Development Code and is compatible with surrounding land uses. b. The project site is adequate in size to accommodate the yards, walls, parking, landscaping and other development features. c. The project is compatible with existing development in the area, consistent with the City's General Plan, and complies with the standards of a multi -family residential zone as defined in the Unified Development Code, with the inclusion of an approved conditional use permit and an approved parking adjustment. The applicant has substantiated the findings for approving the conditional use permit and parking adjustment. d. The project design will not cause substantial environmental damage to fish or wildlife, as the project is considered infill development which is located in an urbanized area. e. The use will not negatively affect existing circulation with the application of the mitigation measures incorporated into the project's conditions of approval. f. The project is consistent with the following goals and policies of the General Plan: 1) Goal 2, Policy 2.1 of the Land Use Element: Encourage the development of a broad range of housing types to meet the needs of the existing and future residents of the planning area, including, but not limited to, the development of singe family detached homes, condominiums, apartments, and manufactured housing. 2) Goal 3, Policy 3.6 of the Land Use Element: Locate higher density residential development in close proximity to regional and sub - regional centers and public transportation corridors. SECTION 4. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as follows: a. The City Council hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project, with the finding that the project will not have a significant effect upon the environment. b. The City Council hereby approves Master Case 97-170 (Conditional Use Permit 97-014 / Adjustment 97-008), subject to the attached conditions of approval. PASSED, APPROVED AND ADOPTED this 10th day of March, 1998. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, 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 day of 19_ by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK JDR:Iep current\reso9829.app CONDITIONS OF APPROVAL MASTER CASE NO. 97-170 ENERAL CONDITION GC1. The approval of this Conditional Use Permit shall expire two years from the date of conditional approval. GC2. The applicant may file for an extension of the Conditional Use Permit prior to the date of expiration for a period of time not to exceed one year. If such an extension is requested, it must be filed no later than 60 days prior to expiration. GC3. 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 change in the status of the developer, within 30 days of said change. GC4. 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 Carita, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul the approval of this Subdivision by the City, which action is provided for in 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 attorney's 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. GC5. Details shown on the Conditional Use Permit are not necessarily approved. Any details which are inconsistent with the requirements of ordinances, general conditions of approval, or City policies must be specifically approved. GC6. Easements shallnot be granted or recorded 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 Map. GC7. 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 Conditions of Approval MC: 97-170 Page 2 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. GCB. 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 Community Development Department, their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. GC9. The Sanitation Districts are empowered by the California Health and Safety Code to charge a fee for the privilege of connecting to the Sanitation Districts' Sewerage System or for increasing the existing strength and/or quantity of wastewater attributable to a particular parcel or operation already connected. A connection- fee is required to construct an incremental expansion of the Sewerage System to accommodate the proposed project which will mitigate the impact of this project on the present Sewerage System. Payment of a connection fee will also be required before a permit to connect to the sewer is issued. GC10. Individual developments associated with the proposed project may require a Districts' permit for Industrial Wastewater Discharge. Project developers should contact the Sanitation Districts' Industrial Waste Section in order to reach a determination on this matter. If this permit is necessary, project developers shall forward a copy of final plans for proposed development(s) to the Districts for review and approval prior to the issuance of building permits. SE 1. The owner, at the time of issuance of permits or other grants of approval agrees to develop the property in accordance with City codes and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Code, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code and Fire Code. SE2. The applicant shall apply for a Certificate of Compliance for lot line adjustment which must be prepared by or under the direction of a licensed land surveyor or registered civil engineer. The C. of C. shall be processed through the City Engineer prior to being filed with the County Recorder. SE3. The applicant shall quitclaim or relocate easements running through proposed structures. SE4. The applicant is required to install distribution lines and individual service lines for community antenna television service (CATV) for all new development. Conditions ofApproual MC: 97-770 Page 3 SE5. The applicant shall install mailboxes and posts per City standards. Secure approval of U.S. Postal Service prior to installation. SE6. The applicant shall install separate house laterals to serve each building in the land division. Modification and dedication of main line sewers may be necessary to meet this requirement. SET The applicant shall submit a grading plan which must be approved prior to the issuance of any permits. SE8. The applicant's grading plan 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. It must also agree with the tentative map and conditions as approved by the Advisory Agency. SE9. The applicant shall eliminate all geologic hazards associated with this proposed development, or delineate a restricted use areas approved by the consultant geologist to the satisfaction of the City Engineer. SE 10. Specific drainage requirements for the site will be established at grading permit application. SE 11. Prior to final approval, the applicant shall enter into a written agreement with the City of Santa Clarita whereby the applicant agrees to pay to the City a sum (to be determined by the City Council) times the factor per development unit for the purpose of contributing to the proposed Bridge and Thoroughfare Benefit District to implement the highway element of the General Plan as a means of mitigating the traffic impact of this and other subdivision in the area. The form of security for performance of said agreement shall be as approved by the City. The agreement shall include the following provisions: Upon establishment of the District and the area of benefit, the fee shall be paid to a special Community Development Department fund. The city Engineer may demand a sum of $5,300.00 (or greater as determined by the City Council), times the factorperdevelopment unit to be credited toward the final fee established under the District. 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, If fees have been paid under the recordation of a previous, subdivision, the incremental increase due to development of a residential project must be secured prior to issuance of a building permit. The City Engineer may require the developer to submit traffic reports periodically to address traffic congestion and the need to mitigate problems prior to issuing building permits. Conditions ofApprooal MC: 97-170 Page 4 Factors for development units are as follows: Development Units Factors Townhouse Per Unit 0.8 Apartment Per Unit 0.7 The project is in the Proposed Valencia City Bridge and Thoroughfare District. SE12: The applicant shall acquire N.P.D.E.S. permits if applicable. SE13. The project applicant shall be responsible for providing all required materials and documentation to satisfactorily complete the storm drain transfer process recognized by the City of Santa Clarita. Complete acceptance of the storm drain for ongoing maintenance, by the County of Los Angeles, is required before the City of Santa Clarita will release any bond monies posted for the construction of said storm drain infrastructure. TRAFFIC ENGINEERINCr TEL The applicant shall provide a right turn pocket on eastbound Magic Mountain Parkway into the project site to the satisfaction of the City. Traffic Engineer or City Engineer. TE2. No stoppingino parking shall be permitted for a distance of 300 feet from the beginning of curb return (BCR) along Town Center Drive (from the Magic Mountain Parkway entrance). TE3. The applicant shall provide clarification regarding areas of concerns as marked on the site plan. TRANSIT TRl. Pedestrian paths to the public streets (Magic Mountain Parkway and McBean Parkway) shall be provided via sidewalks on both sides of Town Center Drive. TR2. The applicant shall designate an area outside of the complex where Dial -A -Ride and other vehicles can pick up and drop off residents of the project, or the applicant shall provide for an access code and a map of the complex at the project's gates which will permit Dial -A -Ride and other vehicles to enter the project site. TR3. The internal trail system provided for the residents of the project shall provide a direct connection to Town Center Drive. Such access shall be in close proximity to the retail element of Town Center Drive. Conditions ofApprooal MC: 97.170 Page 5 N.P.D.E.S, General: NP1. All on-site activities shall be subject to the City's Stormwater management program and the "best management practices" identified in the City's N.P.D.E.S. permit. NP2. Provide a stormwater program identification stencil, subject to the approval of the City Engineer, at all catch basins adjacent to or constructed in conjunction with this project. Construction: NP3. Keep debris and pollutants off exposed surfaces; provide and use trash cans and recycling receptacles at the construction site. Sweep and remove debris, litter, and any dry materials; do not hose -off surfaces or bury wastes. Dispose of all wastes property at approved facilities. NP4. Keep dumpsters covered and check for leaks. Provide a retention curb or wall around dumpsters to contain any leakage. Never clean a dumpster by hosing - down. NP5. Designate and use one area for construction parking, vehicle and equipment refueling and maintenance. This area should be located away from gutters, catch basins, or storm drains. Major maintenance and repair, and vehicle/equipment washing must be performed off-site at an approved facility. NP6. Maintain portable toilets in good working order; check frequently for leaks. NP7. Water.for dust control during construction activities maybe sprayed on exposed soil, but not to the extent that surface runoff results. NP8. Contain and clean up minor spills with absorbent materials for proper disposal. Report any significant spills to the Los Angeles County Fire Department Hazmat Unit at (805) 257-4144 or 911. Any significant spill which reaches the Santa Clara River must be reported to the National Response Center at (805) 424-8802. NP9. Properly dispose of all industrial and construction waste, recycle all used oil and filters, and participate in oil recycling programs being implemented by the City to the. satisfaction of the City's Solid Waste Coordinator. Call the City's Waste Division at (805) 294-2500 for requirements. NP10. All hazardous materials used during, and wastes resulting from, construction shall be protected from vandalism and shall be stored in an enclosed area under Conditions o%Approval MC: 97-170 Page 6 lock and key in marked, covered containers until they can be removed and disposed of in the appropriate manner at an approved facility. NP11. The City will provide copies of "best management practices" (BMP) brochures and information on recycling and storm drain protection. The employer shall use the information in these brochures to provide water quality training, and spill prevention and clean-up as part of construction worker orientation. Contact the Stormwater Utility Public Information Officer at (805) 286-4133 for assistance. Residential Use: NP12. On-site landscaping activities shall be subject to the "best management practices" (BMP's) identified in the City's NPDES permit. NP13. The applicant shall form a homeowner's association. The homeowner's association shall provide information to the owners of all dwelling units regarding the pollution prevention and system maintenance requirements of the City's NPDES permit. The City will provide copies of BMP brochures and information on recycling and surface water runoff pollution control. The homeowner's association shall use the information in these brochures to provide water quality awareness, and spill prevention and clean-up as part of residential orientation and ongoing grounds and building maintenance. Contact the City's Stormwater Utility Public Information Officer at (805) 286-4133 for assistance. NP14. Contain and clean-up minor spills with absorbent materials for proper disposal. Report any significant spills to the Los Angeles County Fire Department Hazmat Unit by calling (805) 257-4144 or 911. Any significant oil spill which reaches the Santa Clara River must be reported to the National Response Center at (800) 424-8802. NP15. Properly dispose of all wastes, recycle all used oil and filters, and participate in oil recycling programs being implemented by the city. Prior to construction, contact the City's Solid Waste Division at (805) 294-2500 for requirements. NP16. All parking areas are to be cleaned and maintained to minimize surface runoff pollution. This shall include regular sweeping of all parking areas to remove solid wastes. All liquid contaminants (such as vehicle or machine fluids) shall be contained on the site for clean up and disposal at an approved waste site. Do not clean parking areas by hosing -down, or any other method that results in washing over the parking surface and into the City's municipal storm drain system. NP17. For parking lots having more than twenty-five parking spaces and located in areas potentially exposed to stormwater, submit a parking facilities management plan for review and approval by the City Engineer. The parking facilities management plan must include scheduled sweeping, oil clarifiers, wastewater collection sumps, or other equally effective measures to remove debris from parking lots and prevent contamination to storm drainage systems. Conditions ofApproual MC: 97470 Page 7 NP18. Vehicle washing facilities shall be paved and well -marked as the washing area. Signs shall be posted indicating that oil changing and washing with solvents is prohibited within the washing area. The facility shall be designed to collect all water from washing activities and be contained on-site to prevent transmission to the storm drain system. Vehicles shall be washed with a biodegradable, phosphate -free detergent. NP19. Vehicle wash wastewater must be recycled or conveyed to a sewage treatment plan through an approved wastewater collection system (sanitary sewer). The applicant does have the option of obtaining a site specific NPDES permit for the wastewater discharge from the California Regional Water Quality Control Board in lieu of this condition. NP20. All waste receptacles on the exterior of the building shall be maintained in an enclosure that is constructed with a retention curb to confine any potential leakage. NP21. All maintenance activities shall prevent the transmission to any storm drain infrastructure of any oil, grease, fuel, acid, lubricant, antifreeze, detergent, paint, or other material identified under the NPDES permit as a pollutant. The storage, handling, recycling, and/or disposal of these materials much be done in a safe manner according to industry standards, and in compliance with the City's Solid Waste Program requirements. SOLID WASTE SW1. Trash/Recycling areas shall be provided for each residential building. All trashlrecycling areas shall be designed to the current standard or larger as shown in Exhibit 1. A sign clearly identifying all recycling and refuse collection and loading areas, and the recycling materials accepted, shall be posted adjacent to all points of direct access to the recycling areas. FIRE DEPARTMENT FD1. Access shall comply.with Section 902 of the Fire Code which requires all weather access. All weather access may require paving, and shall be provided prior to and during construction. FD2. Fire Department access shall be.extended to within 150 feet of any exterior portion of all structures. FD3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final .map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. Conditions ofApprooal MC: 97-170 Page 8 FD4. The private driveways shall be indicated on the final map as "Private Driveway and Firelane" with the widths clearly depicted, and shall be maintained in accordance with the Fire Code. FDS. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. FD6. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. FD7. The final concept map which has been submitted to the Fire Department for review has fulfilled the conditions of approval recommended by the Fire Department for access only. FD8. These conditions must be secured by a C.U.P. and/or Covenant and Agreement approved by the County of Los Angeles Fire Department prior to final clearance. FD9. Provide water mains, fire hydrants, and fire flows as required by the County of Los Angeles Fire Department for all land shown on the site plan. FD10. The required fire flow for public fire hydrants at this location is 5,000 gallons per minute at 20 psi for a duration of five hours, over and above maximum daily domestic demand. Three hydrants flowing simultaneously may be used to achieve the required fire flow. FD11. The required on-site fire flow for private on-site hydrants is 2,500 gallons per minute at 20 psi. Each private on-site hydrant must be capable of flowing 1,250 gallons per minute at 20 psi with two hydrants flowing simultaneously, one of which must be the furthest from the public water source. FD12. The installation of six public fire hydrants is required. Private on-site hydrants shall be installed as needed. FD13. All hydrants shall measure 6" x 4" x 2'/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25' from a structure or protected by a two (2) hour fire wall. The location of such hydrants is on file with the County of Los Angeles Fire Department. FD14. All required fire hydrants shall be installed, tested and accepted prior to the start of construction. PARKS & RECREATION PR1. The applicant is required to pay an in -lieu fee to fulfill their Parkland Dedication requirement. Payment is to be made to the City of Santa Clarita Parks, Recreation, and Community Services Department prior to the issuance of Conditions ofApproual MC: 97-170 Page 9 building permits. PR2. A homeowner's association (HOA) shall be formed to have responsibility and authority of all slope maintenance, including but not limited to landscaping, irrigation, and trees. PRI A special landscape maintenance assessment district shall be formed 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. PR4. Street trees shall be provided to the satisfaction of the Parks, Recreation; and community Services Department. Use trees from the City's approved Master Street Tree List, available from the City Arborist. The irrigation and maintenance of these trees shall be per City Ordinance 90-15. PRS. Provide final landscape and irrigation plans for review and approval of the Parks, Recreation, and Community Services Department. Drought resistant plant material and water efficient irrigation systems should be utilized in the design. BUILDING & SAFETY BS1. The plan checker only reviews the plans and supporting calculations. Please do not refer to the Specification Documents you have prepared to. show compliance with the corrections as listed. The plan checker and building inspector do not have the time to study this document in the office or the field. BS2. The plan checker is available for conferences and telephone calls. Appointments are required. Call (805) 255-4935. BS3. The Final Working Drawings shall be coordinated with all the agencies with final marks, corrections, etc. All required agency stamps (Planning, Fire, Health, Waste Management, etc.) shall be on the same final two sets of approved plans. BS4. The City of Santa Clarita Planning Division approval is required on the site plan of the final working drawings. BSS. The City of Santa Clarita Engineering Division approval is required. BS6. Pay or submit proof of payment of Bridge and Major Thoroughfare fees. BS7. Pay or submit proof of payment of Fire District fees. BSB. A fee for Final Planning Field approval is required at time of permit. BS9. Castaic Lake Water Agency approval is required. Conditions ofApproual ' MC: 97-170 Page 10 B910. High School District approval is required prior to issuance of a building permit. BS11. L.A. County Fire Department (stamp and letter) approval is required on the final working drawings. BS12. L.A. County Sanitation District approval is required. BS13. Show building code criteria for allowable area for each building. A) Type of Construction (i.e. Type V -N) B) Type of occupancy of all buildings (i.e. B, offices; M-2, mercantile) C) Allowable area per building code(i.e. allowable area for B, V -N is 8,000 sf per Table 5-C) D) Allowable increases for yards, multi -story or sprinklers (i.e. One story allowable for B occupancy, V -N construction is 8,000 sf. One story sprinkler increase x 3. Total is 8,000 x 3 = 24,000 sf. Proposed is 23,500 sf and therefore complies.) BS14. Submit a Geotechnical report (soils and geology) to show building requirements, to the City of Santa Clarita Building and Safety Division. BS15. Rough grading approval is required before a building permit can be issued. Submit a copy of the Rough Grading Certification. BS16. A compaction report must be submitted to Building and Safety propr to the issuance of a building permit. BS17. Show that the building or structure setback from the top or bottom of slope is in conformance with Section 1806.4. BS18. Show location of any easements on the site plan. BS19. Construction on or over easements is not permitted without written permission from the easement holder(s). Submit a copy of the written agreement(s). BS20. Show on the plot plan the location of the fire flow check valve, Edison transformers and other type of objects that can be seen from the street. Planning approval is required for their locations. BS21. Provide van (8' unloading zone) and. standard (5' unloading zone) accessible parking spaces per prescribed ratios. BS22. Access from the public street and the public sidewalk showing a defined path that is in compliance to the accessibility code. This path must connect to all entrance and exit doors. Conditions ofApprooal MC: 97.170 Page 11 BS23. Posted access signs at entranced to property and at the parking stalls are required. BS24. Accessibility at the back of the building(s) shall be provided by way of stairs. BS25. Special consideration shall be given to : Section 1022 of Security Provisions of the City of Santa Clarita code; Chapter 29 and the Appendix Chapter 29 of the Building Code .for the number of plumbing fixtures required; Wind load design (a minimum of 70 mph with exposure C); Building design (to include all City of Santa Clarita technical building code amendments); and, Sewer connection (each building on a property is required to be connected separately to a public sewer). PLANNING DIVISION PL1.. The Conditional Use Permit and site plan shall be developed in substantial conformance with the project approved by the Planning Commission. PL2. A homeowners association and/or other appropriate entity shall provide for on- going, private maintenance of internal streets, walls, gates and landscaping. No public resources shall be allocated for maintaining private property. PL3. The applicant shall include the internal trail system on the site plan, and shall connect such system with the internal trail for the Avignon project. PL4. All mitigation measures identified in the noise study submitted to the Planning Division shall be implemented in the project design. PLS. The applicant shall provide bicycle racks throughout the project site. Such racks shall be clearly indicated on the project's site plan. PL6. The gate(s) shall not block area -wide through routes or block access for roadways to serve future development. PL7. Adequate stacking distance, turnaround areas, public safety elements and signing shall be included in the gate design. All gates shall meet Fire Department requirements and provide passage with unobstructed vertical clearance. PL8. Access shall be provided at all times for police, fire, City inspection, dial -a ride, utility, and other health and safety-related vehicles. Conditions of Approval MC: 97-170 Page 12 PL9. The gate design and implementation shall be such that it does not pose a threat to public health, safety or welfare. PL10. The applicant shall provide for a total of 403 parking spaces. Approximately 88 of these spaces shall be designated, marked and used only for guest parking. Guest parking stalls may be uncovered. The remaining parking stalls shall be covered, predominantly screened from view of the public street, and enhanced by landscaping and/or other decorative design materials. The layout of the covered parking stalls shall incorporate design variations to avoid a long, linear and monotonous appearance, and shall incorporate building materials that are of similar quality and architectural style to that of the main building onsite. PL11. The use of large shade trees in lieu of a covered structure maybe permitted over the project's 34 tandem parking spaces, subject to the approval of the Director of Planning & Building Services. Such trees shall be a minimum 36" boxed tree, and shall be of a clean, evergreen variety. The tree(s) chosen shall not be of a variety that attracts a significant bird population. PL12. The construction of approximately 30 guest parking spaces shall be permitted along Town Center Drive. Such spaces shall be added to the existing "Shared Parking Monitoring Program" for the Town Center area. The applicant shall also reserve the 30 parking stalls for guests through curb painting. If future conflicts occur for the guest parking along Town Center Drive, the applicant shall further reserve the parking spaces through on-site signage, and implement a temporary guest parking permit program. PL13. In no event shall the applicant offer for rent any of the project's parking stalls. P14. The applicant shall not offer any unit(s) for individual sale without first obtaining an approval from the City of Santa Clarita in compliance with the State Subdivision Map Act. PL15. The applicant shall pay the appropriate transit mitigation fee or shall construct transit -related improvements in lieu of paying such fee. The fee is currently $200 per residential unit and payable prior to the issuance of building permits. PL16. Prior to the issuance of building permits, the applicant shall pay the appropriate fire fees to the satisfaction of the Building Official. PL17. At the time of issuance of building permits,the applicant shall pay the school mitigation fee as identified in the Valley -Wide Joint Fee Resolution adopted in 1991. PL18. It is hereby declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the 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 Conditions ofApproval MC: 97-170 Page 13 do so for a period of 30 days. PL19. 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 site plan. JDR current\ mc97170 c.j dr