HomeMy WebLinkAbout2003-11-25 - AGENDA REPORTS - MC 03-140 COMMERCIAL CENTER (2)Agenda Item: LO
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager Approval:
Item to be presented by: Vincent Berton
DATE: November 25, 2003
SUBJECT: AN APPEAL OF A PLANNING COMMISSION APPROVAL OF
MASTER CASE NO. 03-140 TO ALLOW FOR THE
DEVELOPMENT OF A 13.8 ACRE SITE WITH A 155,000
SQUARE FOOT COMMERCIAL CENTER WITHIN THE SP -BP
(SPECIFIC PLAN — BUSINESS PARK) ZONE.
DEPARTMENT: Planning and Building Services
RECOMMENDED ACTION
City Council conduct the public hearing, adopt a resolution approving Master Case 03-140,
subject to the conditions and approve the revised Mitigated Negative Declaration prepared for the
project.
BACKGROUND
On September 16, 2003, the Planning Commission approved Master Case No. 03-140, by a vote
of 4-1, to allow for the development of the 13.8 acre project site with a 155,000 square foot
commercial center. The entitlements covered under this master case number include: (1)
Conditional Use Permit 03-002 to construct buildings in excess of 35' in height and to include a
gym (health club) use; (2) Minor Use Permit 03-017 to allow for off-site consumption of alcohol;
(3) Oak Tree Permit 03-013 to allow for the removal of four oak trees, including one heritage
oak tree; and (4) Development Review 03-015 for the site plan and architectural approval.
On October 1, 2003, an appeal of the Planning Commission's approval was filed by SCOPE
(Santa Clarita Organization for Planning the Environment). Reasons for the appeal included the
removal of oak trees, insufficient mitigation measures, PM 10 pollution impacts, preclusion of
public participation in the approval process and allowing grading prior to the approval of a
permit.
The project includes the construction of a 155,000 square foot commercial center in the North
Valencia No. 2 Specific Plan. The 13.8 project site is presently vacant and is located within
sub -area 5 of the Decoro South Planning Area as a part of the 850,000 square feet of
industrial/business park uses already approved in this planning area of the Specific Plan. The
155, 000 square feet of commercial retail space that would be provided with this project is
necessary to provide a public benefit discussed in the North Valencia NO. 2 Development
Agreement. Proposed uses in the commercial center include a health club, warehouse store,
retail shops, office and restaurants. All of the proposed uses are permissible within the Business
Park zone under the Specific Plan.
ENVIRONMENTAL STATUS
The North Valencia No. 2 Specific Plan development, including the 850,000 square feet of light
industrial/business park -like uses, was analyzed in the North Valencia 2 Specific Plan
Environmental Impact Report (EIR) (SCH No. 98111201), certified by the City of Santa Clarita
City Council on January 11, 2000, and in the 1991 Valencia Industrial Center Expansion
Environmental Impact Report certified by the County of Los Angeles in 1991. The Revised
Initial Study and Mitigated Negative Declaration, made available for public review on November
4, 2003, builds on the analyses contained in the North Valencia No. 2 Specific Plan EIR and the
Valencia Industrial Center Expansion EIR.
The Revised Initial Study documents and concludes that the commercial center will not require
major revisions to the North Valencia No. 2 Specific Plan EIR or the Valencia Industrial Center
Expansion EIR, because there would be no new significant impacts that cannot be reduced to a
less -than -significant level with the application of mitigation measures which the applicant has
agreed to incorporate into the commercial center, no substantial increase in the severity of any
significant impact previously identified in the EIRs, no substantial changes with respect to the
circumstances under which the commercial center is undertaken, and no new information of
substantial importance meeting the test of CEQA Guidelines Section 15162(a)(3) has arisen.
ANALYSIS
The commercial center is located at the southwest corner of Newhall Ranch Road and Rye
Canyon Road and is contained within the North Valencia Annexation No. 2 Specific Plan area.
The southern portion of the 13.8 acre site is generally flat and currently developed with a
temporary debris basin, constructed in the mid-1970s. This debris basin was constructed in
accordance with a County of Los Angeles approval for portions of the Valencia Industrial Center.
A separate approval issued by the City of Santa Clarita allowed for the transportation and
stockpiling of 40,000 cubic yards of dirt that is now contained in the northwest portion of the
site.
Development of the proposed commercial center would consist of a series of connected and
separate buildings arranged around a main parking area covering approximately 155,000 square
feet. Building 1 would have a maximum height of 50'. Building 2 would have a maximum
height of 38'. The project buildings will incorporate several different color schemes to break up
the massing and create the feeling that the center has been built over time as opposed to one
single, uniform, development. The project was reviewed by RRM Design Group, the City's
Design Consultant. RRM provided comments on the project which were incorporated into the
project elevations. RRM subsequently recommended approval of the project's architecture. The
applicant also agreed to additional enhancements on the building elevations adjacent to Rye
Canyon Road and Newhall Ranch Road as requested by the Planning Commission.
Within the proposed 155,000 square feet is 45,000 square feet of health club, over 80,000 square
feet of retail, 7,500 square feet of medical office, and 22,000 square feet of restaurant space. The
remainder of the site is dedicated to parking (369,200 sq. ft.) and landscaping (76,500 sq. ft.).
The commercial center would provide a total of 1,045 parking spaces, of which 24 would be
handicapped spaces. The project also includes the on-site relocation of 3 of the 4 oak trees
located on the property. One of the trees proposed for relocation is a heritage oak tree. The
fourth tree would be removed in conjunction with the project. Access to the project would be
provided from Newhall Ranch Road and Rye Canyon Road. All necessary services are available
within the adjacent roadways and would be extended into the project site.
Appeal Issues
The following section summarizes the issues raised by SCOPE with the corresponding staff
responses:
1. The public was precluded from participating and observing this approval.
On September 16, 2003, the Planning Commission conducted a duly noticed public hearing on
this project. Pursuant to the Unified Development Code, all property owners within a 500 -foot
radius of the subject site were notified of the application, a legal notice advertising the public
hearing was placed in a local newspaper, and a sign was posted on-site.
There were several controversial items on the agenda that evening and this project was not heard
by the Planning Commission until later in the evening (after 11:00 p.m.). Per the Planning
Commission Rules and Operating Procedures, the Planning Commission considered continuing
all remaining items on the agenda until a later date. The applicant (RKR, Inc.) requested that the
Commission not continue the item that evening, as the applicant had been working with lenders,
tenants and the City over the last six months and needed a decision on the project. The
Commission agreed to conduct the hearing and subsequently approved the project. The City
received one comment letter on the project from SCOPE and one of their representatives
provided testimony to the Planning Commission during the public hearing.
2. The project should be redesigned around the oak trees due to concerns related to the oak
relocation and more specifically any proposed relocation of heritage oak trees. Finally,
the loss of two heritage size oaks is a significant impact and warranted an EIR.
An oak tree report, in conformance with City requirements, was prepared for the project. The
report identified the presence of four oak trees on the project site, including one heritage oak tree.
The report indicates that three of the four oak trees, including the heritage, will be relocated
on-site and incorporated into the project landscaping. The fourth tree is small, diseased and is
recommended for removal. The heritage tree is 50 inches in diameter and 40' tall. The tree was
rated as a C. The two other trees proposed for relocation include a multi -trunk tree that is 25' tall
rated as B- and 25' tall single trunk tree rated as a B. The applicant's oak tree consultant is
indicating that all three trees proposed for relocation will survive with proper care and
monitoring.
The triangular shaped site is bounded by Newhall Ranch Road and Rye Canyon Road. Most of
the site has been disturbed by past permitted grading activities associated with the construction
and maintenance of the temporary debris basin and the recent, permitted, stockpiling of dirt
on-site. The northeast portion of the site, also the widest portion of the site, contains a small hill
where the site's four oaks are located. Development of the site for any purpose requires grading
of the site, including lowering of the small hill to create a flat, usable pad. The proposed
commercial center would contain two anchor tenants, to be located in the northeast portion of the
property to take advantage of the site's width. This configuration allows for the creation of a
large parking field in front of the anchors as well as orienting the "fronts" of the buildings toward
the primary project entrance on Newhall Ranch Road.
The applicant presented five alternatives designed to preserve the heritage oak tree to staff. An
exhibit was prepared for four (Alternatives A -D) of these and they were summarized at the
Planning Commission hearing. Each of these alternatives would require substantial modification
to the proposed site plan and would result in a moderate to substantial reduction in building
square footage. In four of the alternatives (A -D), the preservation of the heritage oak tree would
result in the creation of a "manufactured" mound approximately 25 feet above finished grade of
the commercial center and located in the middle of the deepest portion of the site. Furthermore,
implementation of these alternatives would result in an undesirable site design, project
fragmentation and, according to the applicant's oak tree consultant, likely result in the loss of the
heritage oak tree during project grading. The fifth alternative (Alternative E), which would save
all of the oaks in their present location, would reduce the usable area of the site by nearly five
acres and substantially reduce the project square footage (155,000 square feet to 99,000 square
feet). This alternative, similar to the others studied, would create a smaller, fragmented site
design.
The applicant's oak tree consultant and the City's oak tree specialist believe that the three trees
proposed for relocation, including the heritage, will survive based in substantial part on the
aggressive monitoring and maintenance program proposed by the applicant and supported by
staff. The applicant has committed to five years of monitoring on the two non -heritage trees.
Maintenance during this period would include remedial trimming, fertilizing, watering, and
drainage improvements. This program would be extended to 10 years for the heritage tree. The
City is also requiring the applicant to bond for the ISA value of the trees (in excess of
$500,000.00). In the unlikely event that one of the trees does not survive, the applicant would be
required to pay to the City the affected tree's ISA value — the bond ensures that payment. These
funds would be utilized by the City for the acquisition of oak tree habitat or for the planting of
oak trees. The applicant is estimating it will cost in excess of $200,000 to relocate the trees
on-site.
The City's CEQA Guidelines consider the removal of three or more oak trees, or one heritage
oak tree, to be a significant impact, requiring the implementation of mitigation measures to
reduce the impact to a level of insignificance. Substantial mitigation measures related to the oak
trees, summarized above, have been placed on the project.
3. Air pollution impacts were not addressed for PM 10 pollution.
The initial study prepared for the project concludes that the construction activities for this project
would be typical of the construction activities already analyzed throughout the North Valencia
No. 2 Specific Plan area. Furthermore, construction of the proposed commercial center would
result in no new or substantially increased significant air quality impacts beyond those already
analyzed in the North Valencia No. 2 Specific Plan EIR and the Valencia Industrial Center
Expansion EIR.
According to the EIRs, construction of the Specific Plan development would exceed the
thresholds of significance recommended by the SCAQMD for carbon monoxide (CO), volatile
organic compounds (VOC), oxides of nitrogen (NOx), and particulate matter (PM10). Even
though mitigation was identified in the EIRs to reduce the impacts, the impact could not be
reduced to a less -than -significant level. Construction of the proposed commercial center would
contribute to the Specific Plan development's overall generation of exhaust emissions due to
construction equipment and vehicles traveling to and from the Specific Plan area. However,
construction of the commercial center's 155,000 square feet would have no greater impacts than
developing the same 155,000 square feet for business park uses already approved at the subject
site. Consequently, construction of the commercial center would not generate a substantial
increase in emissions over those previously analyzed in the EIRs.
Since the amount of development in the commercial center would not differ from the amount of
development previously analyzed by the EIRs, no new or increased significant operational
impacts have been identified due to development of the commercial center at the site.
4. Grading was allowed to begin before permit approval.
On October 28, 2002, Minor Use Permit 02-035 was approved for the transportation and storage
of 45,000 cubic yards of fill material to the project site. Recent activity on the project site relates
to the approved transportation and stockpiling of earth.
ALTERNATIVE ACTIONS
1. Do not approve the project.
2. Other direction as determined by the City Council.
FISCAL IMPACT
No fiscal impacts are anticipated with this proposal.
ATTACHMENTS
Site Plan/Aerial
Resolution
Staff Report to Planning Commission Meeting -9-16-03 available in the City Clerk's Reading File
Negative Declaration and Revised Initial Study (Reading File)
Minutes to Planning Commission Meeting -September 16, 2003 (Reading File)
City of Santa Clarita
Notice of Public Hearing
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City of Santa Clarita to
consider the intention of the City Council of the City of Santa Clarita to hear an
appeal of a Planning Commission decision to approve 155,000 square foot
commercial shopping center Master Case 03-140. Approval of a conditional use
permit to construct a building over 35 feet in height and to include a gym use,
approval of a minor use permit for off-site consumption of alcohol, approval of an oak
tree permit for the removal of four oak trees including one heritage and a
development review for site plan approval and architectural review.
A revised Draft Mitigated Negative Declaration has been prepared for this proposed
project and will be available for public review 4:00 p.m. on November 4, 2003 at City
Hall, Planning & Building Services Department, 23920 Valencia Boulevard, Suite
302,Santa Clarita, CA 91355.
The hearing will be held by the Santa Clarita City Council in the City Hall Council
Chambers, 23920 Valencia Boulevard, 1st floor, on the 25th day of November, 2003,
at or after 6:00 p.m.
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 Division, Kelvin Parker, (661) 255-4330, Planning and Building Services,
23920 Valencia Boulevard, Santa Clarita, CA, 91355.
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 City Council, at, or prior to, the public hearing.
Dated: November 3, 2003
Sharon L. Dawson, CMC
City Clerk
Publish Date: November 4, 2003
SCOPE
Santa Clarita Organization for Planning the Environment
CITY OF SANTA
To PROMOTE,
TE, PROTECT
AND QUALITY OFSLIFEETHE ENVIRONMENT, IN THE SANTA C ARITACOL ECOLOGY
2003 OCT - I p S: 21 POST OFFICE BOX 1182, CANYON COUNTRY, CA 91386
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