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HomeMy WebLinkAbout2001-11-27 - AGENDA REPORTS - SOLEDAD ENTERTAIN PARKING VAR (2)CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: Marika Modu¢no PUBLIC HEARING DATE: November 27, 2001 SUBJECT: AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A VARIANCE REQUEST TO ALLOW A 27 PERCENT REDUCTION IN PARKING REQUIRED AT THE SOLEDAD ENTERTAINMENT CENTER LOCATED AT 18800 SOLEDAD CANYON ROAD. THE APPLICANT IS CONCEPT CENTERS, LP. DEPARTMENT: Planning and Building Services RECOMMENDED ACTION City Council conduct a public hearing and adopt a resolution denying the appeal, thereby affirming the Planning Commission's decision approving Variance 01-003 (Master Case 01-207). BACKGROUND An application for a variance was filed with the Planning and Building Services Department on June 7, 2001 to permit a 27 percent reduction in the number of parking spaces required for an existing shopping center. The project was originally approved by the Planning Commission with a 20 percent parking reduction. A duly noted public hearing for the application was conducted at the September 18, 2001, Planning Commission meeting. After discussing the item, the Planning Commission requested to revise the Conditions of Approval and moved to continue the item to the October 16, 2001 meeting. The Commission directed the applicant to work with staff to find a variety of options to solve the parking deficit as an alternative to the 27 percent parking variance. One option discussed was to secure an additional 60 parking spaces located off-site. At the October 16, 2001 meeting, the Planning Commission voted 5-0, approving the 27 percent variance .'- :!'L ISki Agenda ItemCU4 and the Conditions of Approval, which includes a requirement for the applicant to provide 60 off-site spaces. The 9.13 -acre project site is located within the City of Santa Clarita in the CC — PD (Community Commercial — Planned Development) zone. There is a total of 24 commercial units available for lease within four buildings at the Soledad Entertainment Center, six of which are vacant until a viable solution to the parking deficit is provided. The applicant proposed this compromise with the letter dated April 25, 2001, included in this packet. City staff has conducted multiple site visits and has determined that the peak days of operation are Friday and Saturday with peak hours of 7:00 p.m. to 9:00 p.m. The center currently has a total of 633 parking spaces provided, 592 parking spaces on the main portion of the project site and an additional 41 parking spaces across Luther Drive at the existing McDonalds restaurant. The 592 parking spaces provided on site, include 125 compact parking spaces. According to the Unified Development Code, restaurants and the theater must provide one space per every three seats, medical offices must provide one parking space per every 200 square feet of floor area, and retail/office must provide one parking space per every 250 square feet of floor area. According to the resolution approved on April 2, 1996 by the Planning Commission, the project site was permitted restaurants with a combined maximum occupancy of 351 persons. There are currently six restaurants at the center with a combined occupancy of 514 persons. These restaurants include Route 66 (189 seats), Malzee's Stuft Pizza (158 seats), Rice King (22 seats), Cupids Hot Dogs (8 seats), Baja Fresh (85 seats), Quiznos (30 seats), and a vacant restaurant space with 22 seats. Route 66 and Malzee's Stuft Pizza are the only restaurants to have received outdoor seating. The building permit for a tenant improvement and a Certificate of Occupancy for Baja Fresh limit the restaurant to a total of 49 seats indoors or less, resulting in 36 seats that have been added to the restaurant without permits. The Soledad Entertainment Center is required to provide 866 parking spaces, however with the approved 20 percent parking adjustment granted to the center in 1996, the center was required to provide a total of 693 parking spaces. With an approved variance of 27 percent, the center would be required to provide a total of 633 parking spaces. The City of Santa Clarita Planning Division approved a Temporary Use Permit for Route 66, permitting the operation of a classic car show every second Saturday of the month during April and November. The permit expires November 30, 2001. The car show utilizes a total of 109 parking spaces in the east side of the main parking lot between the hours of 5:00 p.m. and 10:00 p.m. On the night of the car show, the Soledad Entertainment Center has a 39% deficit in parking. Additionally, the City of Santa Clarita Planning Division approved a Minor Use Permit for an on-going farmer's market to be held in the parking lot of the center. The permit allows the market to operate on Saturdays between the hours of 6:00 a.m. and 9:00 a.m. and on Sundays between the hours of 6:00 a.m. and 11:00 a.m. ANALYSIS Parking The Unified Development Code requires the center to provide adequate parking for each of the various uses. Restaurants and the theater are required to provide one parking space per every three seats, medical and dental offices are required to provide one parking space per 200 square feet of floor area, and commercial/retail/office are required to provide one parking space per every 250 square feet of floor area. Based on the current uses, the center is required to provide 866 parking spaces, reference Exhibit A for the attached parking table. With the 20 percent adjustment granted to the project in 1996, the center is required to provide a total of 693 parking spaces. The Soledad Entertainment Center has a total of 633 parking spaces including the 592 spaces located on site and the 41 spaces located off-site. Therefore, the project site is 60 parking spaces short of meeting the 20 percent adjustment originally granted by the Planning Commission. Off-site Parking Alternative At the October 16, 2001 meeting, the Planning Commission approved the attached Conditions of Approval, including Condition PL7, which requires the applicant to provide 60 off-site parking spaces per the approval of the Director of Planning and Building Services. Condition PL7 was added by the Planning Commission to alleviate concerns that there would not be an adequate buffer of parking spaces to meet the current and future demand at the Soledad Entertainment Center. The 27 percent variance in parking required would only provide enough parking spaces for the uses that are currently in operation, and there would be no additional spaces to meet the demand of any parking intensive uses proposed for the center. Bethlehem Lutheran Church is located on Luther Drive, southeast of the Soledad Entertainment Center. There are 131 parking spaces available at Bethlehem Lutheran Church, which has an occupancy of 350 persons at the Fellowship Hall, the largest assembly area for the church. According to the Unified Development Code, the church is required to provide a total of 70 parking spaces, resulting in an excess of 61 spaces available for lease to the Soledad Entertainment Center. The parking spaces would be available seven days a week. The applicant does not believe the additional 60 spaces are necessary and have argued that the cost to lease the additional 60 spaces off-site will create a financial burden for the tenants in the Soledad Entertainment Center. Parking Survey The applicant conducted a parking survey on several days during May 2001. The results of this survey are included in the package as Exhibit B. Planning staff and the applicant conducted follow-up parking surveys on Friday, October 5, Saturday, October 6, and Sunday, October 7. The results of this parking survey are included in the package as Exhibit C and indicate that on the days of the survey, there was an adequate number of parking spaces available at the Soledad Entertainment Center. PLANNING COMMISSION HEARING The Planning Commission approved the variance request for a 27 percent reduction in the parking required and the conditions of approval. As a result of the approval of Condition PL7, the applicant appealed the decision to the City Council. The applicant has listed several points in their appeal: • The applicant believes there are an adequate number of parking spaces available at the Soledad Entertainment Center and that the requirement to obtain an additional 60 parking spaces will be costly and redundant. • The cost to the Owner of obtaining the $18,000 per year. • The costs of this parking will have to Soledad Entertainment Center. The appeal letter is attached. FISCAL IMPACT additional 60 spaces off-site is be borne by the tenants in the No fiscal impact to the City budget is anticipated as a result of the recommended action. ALTERNATIVE ACTIONS 1. Approve the request to remove Condition PL7 from the Conditions of Approval and approve Variance 01-003. Deny the request for the Variance and retain the existing 20 percent parking reduction in lieu of the requested 27 percent variance. 3. Other action as determined by the Council. ATTACHMENTS Parking Table (Exhibit A) Applicant's Parking Survey (Exhibit B) City of Santa Clarita and Applicant Parking Survey (Exhibit C) Conditions of Approval (Exhibit D) Morlin Management Letter — April 25, 2001 Site Plan Appeal Letter Resolution of Project Approval CITY COUNCIL READING FILE 2 Staff Reports to the Planning Commission (reading file) Minutes from the September 18, 2001 and October 16, 2001 Planning Commission Meeting (reading file) Letters of Support and Opposition from businesses and citizens (reading file) MAM S: \PBS\ CURRENT \!2001 \01-207 \ Co=ci1Report01-207.doc CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., 1" Floor, Santa Clarita, California, on the 27th day of November, 2001, at or after 6:00 p.m. to consider Master Case No. 01-207 (Variance 01- 003). The applicant is requesting approval of a 27% variance from the City of Santa Clarita Parking Requirements found in the Unified Development Code. The Soledad Entertainment Center is required to provide a total of 866 parking spaces; however, the center has a total of 633 parking spaces. The site is located at 18800 Soledad Canyon Road; project applicant is Morlin Management Corp. 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 Planning and Building Services Department, Santa Clarita City Hall, 23920 Valencia Blvd., Third Floor, Santa Clarita, CA. 91355, (661) 255-4330 — Marika A. Modugno, Project Planner. If you wish to challenge this action 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: October 31, 2001 Sharon L. Dawson, CMC City Clerk Publish Date: November 2, 2001 PhSoledadEnt.doc Exhibit "A" Master Case 01-207 Variance 01-003 Tenant Occupancy/ s(luare Footage Parking Requirements Parking spaces Required Hours of Operation Edwards Theatre 1800 seats —T—per-7s—eats 600 Mon -Sun: 11 a.m. — 11:00 p.m. Route 66 189 seats 1 per 3 seats 63 M -F: 11 a.m. —10 p.m. Sat.&Sun.: 9 a.m. — 12 a.m. Malzee's Stuft Pizza 158 seats 1 per 3 seats 53 Sun. -Th.: 11 a.m. —10 p.m. Fri.&Sat.: 11 a.m. —11 p.m. Fast Frame 410 sq. ft. 1 per 250 sq. ft. 2 Mon. -Sat.: 10 a.m. — 6 p.m. Rice King 22 seats 1 per 3 seats 7 M -F: 11 a.m. to 9 p.m. Sat.&Sun.: 11 a.m. —10 p.m. Valencia Bank 3000 sq. ft. 1 per 250 sq. ft. 12 Mon. -Th.: 9:30 a.m. — 4 p.m. Fri.: 9:30 a.m. — 6 p.m. Sat.: 9:30 a.m. — 1 p.m. US Cleaners 1266 sq. ft. 1 per 250 sq. ft. 5 M -F: 7 a.m. — 7 p.m. Sat.: 8 a.m. — 5 p.m. Glenn Creative 1208 sq. ft 1 per 250 sq. ft. 5 M -F: 9 a.m. — 7 p.m. Salon Sat.: 9 a.m. — 4 p.m. Sun.: By Appt. Only Cookies by Design 1208 sq. ft. 1 per 250 sq. ft. 5 Spoil Me Rotten 1208 sq. ft. 1 per 250 sq. ft. 5 Mon.: 10 a.m. — 6 p.m. Tu. -Th.: 10:30 a.m. — 6 p.m. Fri.: 10:30 a.m. — 7 p.m. Sat.: 10 a.m. — 7 p.m. Faldmo Chiropractic 1205 sq. ft. 1 per 200 sq. ft. 6 Not Established Santa Clarita 2947 sq. ft. 1 per 250 sq. ft. 12 M -F: 9 a.m. — 5 p.m. Funding Sheriff Sub Station 425 sq. ft. 1 per 250 sq. ft. 2 Sofya's European 600 sq. ft. 1 per 250 sq. ft. 2 Mon. -Sun.: 9 a.m. — 6 p.m. Salon Gold Craft Jeweler 940 sq. ft. 1 per 250 sq. ft. 4 Tu. -Sat.: 9a.m. — 6 p.m. Cupids Hot Dos 8 seats 1 per 3 seats 3 Baja Fresh 85 seats 1 per 3 seats 28 Mon. -Sun.: 11 a.m. — 10 P.M. Quiznos 30 seats 1 per 3 seats 10 M. -Th.: 10:30 a.m. — 9 p.m. Fri.&Sat.: 10:30 a.m. — 10p.m. Sun: 10:30 a.m. — 8 p.m Pacific Bell Wireless 500 sq. ft. 1 per 250 sq. ft. 2 M -F: 10 a.m. — 9 p.m. Sat.: 10 a.m. — 8 p.m. Sun.: 10 a.m. — 8 p.m. TOTAL REQUIRED FOR EXISTING USES: 826 spaces Tenant Occopancy/ stjoare Footage Parking ReCILlirel"ents Parking Spaces Ite(Itlired Hours of Operation Vacant (Restaurant) 22 seats 1 per 3 seats 7 N/A Vacant 2534 sq. ft. 1 per 250 sci. ft. 10 N/A Vacant 2731 sq. ft. 1 per 250 sq. ft. or 1 per 200 sq. ft 11 or 13 N/A Vacant 1208 sq. ft. 1 per 250 sq. ft. 5 N/A Vacant 1197 sq. ft. 1 1 per 250 sq. ft. 5 N/A Vacant 600 sq. ft. 1 1 per 250 sq. ft. 2 N/A TOTAL SPACES REQUIRED FOR VACANT SPACES*: 866 spaces *Based on the assumption that with the exception of the vacant restaurant, all vacant spaces will only be leased to commercial retail or office, no parking intensive uses. TOTAL PARKING SPACES AVAILABLE: 633 spaces On -Site 592 spaces Off -Site 41 spaces PARKING REQUIRED WITH 200/c ADJUSTMENT: 693 spaces PARKING REQUIRED WITH PROPOSED 270/c VARIANCE: 633 spaces 5: \PBS\CURRENT\12001 \01-207\Parking Chart.dm Exhibit "B" Soledad Entertainment Center Parking Survey (survey produced by Morlin Management) DATE DAY OF THE WEEK TIME NUMBER OF PARKING SPACES AVAILABLE May 3, 2001 Thursday 3:00 p.m. 500 May 5, 2001 Saturday 7:00 p.m. 109 May 5, 2001 Saturday 9:30 p.m. 157 —May 20, 2001 Sunday 3.00 p.m. 189 —May 25, 2001 Friday 6:00 p.m. 95 May 31, 2001 Thursday 1:00 P.M. 500 Exhibit "C" Soledad Entertainment Center Parking Survey *survey produced by Morlin Management Corporation and the City of Santa Clarita **survey produced by City of Santa Clarita DATE DAY OF WEEK TIME NUMBER OF PARKING SPACES AVAILABLE October 5, Friday 7:30 p.m. — 7:45 p.m. 148 spaces (including 2001** disabled) 5 spaces 30 minute only 2 spaces Sheriff Department only October 5, Friday 7:45 p.m. — 8:10 p.m. 150 spaces (including 2001* disabled) 4 spaces 30 minute only 2 spaces Sheriff Department only October 6, Saturday 5:00 p.m. 248 spaces available 2001** CONDITIONS OF APPROVAL GENERAL CONDITIONS GC1. The approval of Master Case 01-207, which consists of Variance 01-003 for the existing Soledad Entertainment Center, shall expire two years from the date of conditional approval if the use is not established, however the applicant may obtain additional time with approval of an extension. GC2. The applicant may file for an extension of the conditionally approved project prior to the date of expiration. 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 Director of Planning and Building Services, 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, or 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 attached, set aside, void, or annul the approval of this Project by the City, which action is provided 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 of 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 settlement is approved by the applicant. GCS. The property shall be developed and maintained in substantial conformance with the approvals granted by the City. Any modifications shall be subject to further review by the City. GC6. The applicant and property owner shall comply with all inspection requirements as deemed necessary by the City of Santa Clarita. GC7. 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, and Electrical Ordinance. GCB. The applicant shall accept the Storm Drainage Fee established by the City of Santa Clarita required by Government Code Section 66018 and City Ordinance 94-7, establishing storm drainage activity of the City as a utility enterprise. GC9. 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 Planning and Building Services, their affidavit stating that they are aware of, and agree to accept, all the conditions of this grant. PLANNING DIVISION PL1. 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 City may commence proceedings to revoke this approval. PL2. All mitigation measures and conditions of approval for the project shall be complied with to the satisfaction of the Director of Planning and Building Services. PL3. Restaurants located in the Soledad Entertainment Center shall be limited to a total maximum number of 514 seats. The City of Santa Clarita Building and Safety department will red mark the center in their database indicating that the center's restaurants are limited to a total maximum number of 514 seats. No other parking intensive uses are permitted without prior approval of the Director of Planning and Building Services. Parking intensive uses shall include but are not limited to restaurants, medical/dental offices, instructional schools, religious facilities, day care facilities, entertainment and assembly areas, and health clubs. PL4. All special events (i.e. Classic car show, farmer's market, art shows, grand opening events) shall only be permitted if scheduled on an "off-peak" day or night (Sunday through Thursday), subject to the approval of the Director of Planning and Building Services. For special events scheduled for peak days or nights, the applicant is required to secure off-site parking spaces equal to the parking spaces displaced at the project site, subject to the approval of the Director of Planning and Building Services. The applicant shall indemnify the City of Santa Clarita for all injuries or loss related to the use of the crossing area by the users of the off-site parking lot. PLS. No new delivery services shall be permitted for restaurants with less than 50 seats. PL6. With each tenant improvement submitted for the Soledad Entertainment Center, a parking analysis that includes square footage or occupancy and hours of operation is required. If there is a conflict with the hours of operation or use is intensified, the use may be restricted or denied. The applicant shall record a covenant with the City that will require all new tenant improvements or change of uses to complete a parking analysis with the most current data. PL7. The applicant shall provide 60 spaces off-site per the approval of the Director of Planning and Building Services. The applicant shall indemnify the City of Santa Clarita for all injuries or loss related to the use of the crossing area by the users of the off-site parking lot. PROPERTY MANAGEMENT • LEASING • PROJECT MANAGEMENT CONSTRUCTION MANAGEMENT • INVESTMENT • PMANCING • ADVISORY MORLI N Mvug._K ' Coryontlon(A April 25, 2001 Mr. Jeffery Lambert, AICP Director of Planning & Building Services City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355 Re: Concept Centers, L.P., a California limited partnership Soledad Entertainment Center Dear Mr. Lambert: 4ai S. N "', a .. Lo. Merin. �'A Ph. 21 io2 Ix. 213.e 21.i... i Concept Centers, L.P., hereby agrees that it will not lease any of its current vacant space at Soledad Entertainment Center as outlined on the attached spreadsheet if it will exceed the twenty percent (20%) reduction in parking spaces until one of the following options are achieved: A minimum of twenty-five (25) additional offsite parking spaces is obtained along with a Minor Use Permit from the City of Santa Clarita. Concept Centers receives a Conditional Use Permit for a twenty-three percent (23%) or higher parking variance from the City of Santa Clarita. Concept Centers, LP agrees to submit an application for the Minor Use Permit within five (5) business days for the 20% reduction in parking spaces. We further agree to notify the City of Santa Clarita of any changes in occupancy at Soledad Entertainment Center. Sincerely, Morlin Management Corporation As Property Manager for Concept Centers, L.P. Michelle Cowart, RPA V e President Portfolio Manager Enclosure cc: John Russell Kent Frison Dr. Robert Nolet Jock Ebner 11 II �li 11 I 11 II I I • II l I I l l 11 g II I 1 ITITITIT I fill it AO I I ii I d I I I i I I I I I I b3 7 a u z w U z W z �a z <IL ¢w LU zcn W 0 0 LU J 0 o-!) ��—d 7 —0/ CONCEPT CENTERS, LP 116 Main Street, Suite A Tiburon, CA 94920 (415) 435-6200 October 25, 2001 City Clerk City Hall - Suite 300 23920 Valencia Blvd. Valencia, CA 91355 CITY OF ^,NTA CLARITA RE: Appeal of Planning Commission Resolution Number P01-33 Dated 16 October, 2001 Gentlemen: 2001 OCT 2b P 3: 21 RECEI` _D CITY CLERK OFFICE Concept Centers, LP (Owner) and your local school district (Sulphur Springs School District (majority partner of Owner) respectfully request that one of the restrictions set forth in the "conditions of approval" of the above referenced resolution by the City of Santa Clarita Planning Commission be deleted from said approved resolution. The restriction which we oppose is PL7 (see Exhibit A attached) which requires the applicant to obtain 60 parking spaces off-site. All other restrictions (PL1 thru PL 6) are acceptable to Owner. Backaround The Planning Department has found that, based on the current code and the 20% parking variance previously granted when this project was originally approved, we still have a "paper" parking deficit of 60 parking spaces. As a consequence, we applied for an additional 7% variance, which application was supported by the Planning Department Staff. At our public hearing on October 16, 2001, the Commission voted to approve our variance subject to an additional condition to be added to the draft resolution (PL -7). This condition was added, notwithstanding the various parking availability surveys which have been undertaken by Owner and the City which clearly indicated that adequate unused parking was available, even on our "peak demand" periods (Fri. & Sat. nights). Argument in Support of Appeal "Exhibit D" to the Staff Report (copy attached) indicates that, the surveys taken on our "peak periods" of October 5 and October 6, at least 155 spaces out of the 633 total spaces provided were vacant. This represents a vacancy, or availability, of almost 25%. The requirement that the Owner now obtain an additional 60 spaces is both costly and redundant as it would increase our total availability on Peak Periods (based on the Oct. 5 & 6 survey) to 215 spaces or over 33%. The cost to the Owner of obtaining the additional 60 spaces off- site is $18,000 per year, whether the parking is used or not. The cost of this redundant parking will have to be borne by the tenants in the Soledad Entertainment Center, many of which are struggling small businesses. The Planning Commission appears to be more concerned with solving a paper parking problem where, in reality, no problem really exists. We respectfully request that the parking variance (Resolution No. PO1-33) be upheld with the exception of Condition No. PL -7. Very truly yours, Concept Centers, LP Sulphur Springs School District Russdar Corp., General Partner Limited Partner B y : 6--e J L,--116� John W. Russell President By: Kent Frison Business Manager 10;12/01 11:45 FAX 2136226491 10/12/01 11:12 FAX 881 259 8125 MORLIN MANAGEMENT CITY OF SANTA CLARITA Exhibit "A' Resolution POl-33 Master Case 03-207 Variance 01-003 OF APPROVAL 01014 Z014 GCl. The approval of Master Case 01-207, which consists of Variance 01-003 for the existing Soledad Entertainment Center, shall expire two years from the date of conditional approval if the use is not established, however the applicant may obtain additional time with approval of an extension. G02. The applicant may file for an extension of the conditionally approved project prior to the date of expiration. 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 Director of Planning and Building Services, in writing, of any change in ownership, designation of a new engineer, or change in the status of the developer, within 80 days of said change. G04 Unless otherwise apparent from the context, the term "applicant" shall include the applicant and any other persons, corporation, or other entity malting use of this grant. The applicant shall defend, indemnify, or hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim, action, or proceedizig against the City or its agents, officers, or employees to attached, set aside, void, or annul the approval of this Project 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 of 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 settlement is approved by the applicant. GC5. The property shall be developed and maintained in substantial conformance with the approvals granted by the City. Any modifications shall be subject to further review by the City. GC6. The applicant and property owner shall comply with all inspection requirements as deemed necessary by the City of Santa Clarita. IZ 10•/12/01 11:46 FAX 2136226491 10/12/01 11:12 FAX 661 269 8126 Resol"tlon POI -33 Master Case 01-207— Conditions of Approval Page 2 of 3 HANAGENENT CITY OF SANTA CLARITA Bons fm 01 S GC7. 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 Ordinance. GCB. The applicant shall accept the Storm Drainage Fee established by the City of Santa Clarita required by Government Code Section 66018 and City Ordinance No_ 94-7, establishing storm drainage activity of the City as a utility enterprise. GC9. 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 Planning and Building Services, their affidavit stating that they are aware of, and Wee to accept, all of the conditions of this grant. PLANNM DIVISION PL1. It is hereby declared and made a condition of this permit that if any condition hereof is violated, or if any'iaw, statute, or ordinance is violated, the City may commence proceedings to revoke this approval. PL2. All mitigation measures and conditions of approval for the project shall be complied with to the satisfaction of the Director of Planning and Building Services. PL3. Restaurants located in the Soledad Entertainment Center shall be limited to a total' maximum number of 614 seats. The City of Santa Clarita Building and Safety department will red mark the center in their database indicating that the center's restaurants are limited to a total maximum number of 614 seats. No other parking intensive uses are peralitted without prior approval of the Director of Planning and' Building Services. Parking intensive uses shall include but are not limited to, restaurants, medical/dental offices, instructional schools, religious facilities, day care facilities, entertainment and assembly areas, and health clubs. PL4. All special events (i.e. Classic car show, farmer's market, art shows, grand opening: events) shall only be permitted if scheduled on an "off-peak" day or light (Sunday through Thursday), subject to the approval of the Director of Planning and Building Services. For special events scheduled for peak days or nights, the applicant is required to secure off-site parking spaces equal to the parking spaces displaced at the project site, subject to the approval of the Director of Planning and Building Services. The applicant shall indemnify the City of Santa Clarita for all injuries or loss related to the use of the crossing area by the users of the off-site parking lot. PL6. No delivery services shall be permitted for restaurants with less than 100 seats. PL6. With each tenant improvement submitted for the Soledad Entertainment Center, ti parking analysis that includes square footage or occupancy and hours of operation is required, If there is a conflict with the hours of operation or a use is intensified, the 30%12/01 11:46 FAX 2136226491 JORLIN MANAGEMENT Q016 10/12/01 11:12 FAS 561 259 8125 CITY OF SANTA CLARITA la 016 Resolution POI -33 Masrer Cara O! •207 — CondWons of Approval Page 3 of 3 use may be restricted or denied. The applicant shall record a covenant with the City that will require all new tenant improvements or obange of uses to complete a parking analysis with the most current data. xPL7. The applicant shall provide 60 spaces off-site per the approval of the Director of Planner and Building Services. The applicant shall indemnify the City of Santa Clarita for all uNuries or loss related to the use of the crossing area by the users of the off-site parking lot. S.TLV aARLITizwl .W?CmdWm ?Aw v&l-A/Aov 10/12/01 11:48 FAX 2136226491 MORLIN MANAGEMENT 022 — 10/12/01 11:19 FAX 881 259 8125 CITY OF SANTA CLARITA 022 Exhibit "M Soledad Entertainment Center Parldng Survey *survey produced by Morlin Management Corporation and the City of Santa Clarity **survey produced. by City of Santa Clarity DATE DAY OF WEEK TIME NUMBER OF PARKING SPACES AVAILABLE October 5, Friday 7:80 P.M. — 7:45 Pm. 148 spaces (including 2001** disabled) 5 spaces 30 minute only 2 spaces Sheriff Department only October 5, Friday 7:45 p.m. — 8:10 p.m. 150 spaces (including 2001* disabled) 4 spaces 30 minute only 2 spaces Sheriff Department only October 6, Saturday 5:00 Pm. 248 spaces available 2001** N