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HomeMy WebLinkAbout2004-05-11 - RESOLUTIONS - DENY APPEAL AFFIRM GV RANCH DE (2)RESOLUTION NO. 04-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DENYING THE APPEAL AND AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO ADOPT A RESOLUTION CONSIDERING THE INITIAL STUDY/EIR ADDENDUM TOGETHER WITH THE FINAL EIR AND APPROVING MASTER CASE 03-347 (TENTATIVE PARCEL MAP 60337; CONDITIONAL USE PERMIT 03-010; MINOR USE PERMIT 03-045; DEVELOPMENT REVIEW 03-027; AND SIGN REVIEW 03-018) FOR A 618,759 SQUARE -FOOT COMMERCIAL CENTER EXCEEDING 35 FEET IN HEIGHT, AND INCLUDING ALCOHOL SALES (TARGET, SHOP 1, SHOP 3, PADS A, C, D, E, F AND G, AND THE GAS STATION), AN AUTOMATED, SELF-SERVICE CAR WASH, TWO DRIVE- THROUGH RESTAURANTS, AND THREE ON-SITE FREEWAY COMMERCIAL SIGNS AND ONE OFF-SITE FREEWAY COMMERCIAL SIGN AS PART OF THE GOLDEN VALLEY RANCH DEVELOPMENT LOCATED EAST AND ADJACENT TO STATE ROUTE 14 WHEREAS, the City Council of the City of Santa Clarita (hereafter "City") hereby makes the following findings of fact: A. The Golden Valley Ranch Project (Master Case 97-212) and the associated entitlements were approved by the Santa Clarita City Council on January 24, 2002. The overall project consists of residential, commercial, institutional uses and open space. B. Development of the Golden Valley Ranch site will occur on the westernmost 285 acres of the total 1,259 -acre site. The 89.8 -acre commercial component included 610,930 square feet of commercial uses on two major superpads zoned Community Commercial immediately adjacent to State Route (SR) 14. C. In October 2003, PacSun, LLC submitted an application requesting approval of an additional 7,829 square feet of commercial space (for a total of 618,759 square feet) for a mezzanine level storage area within Kohl's department store. After consideration of the staff report, an Addendum to the EIR, and public testimony, the City Council approved this request on November 25, 2003. The Addendum is attached to the Final Environmental Impact Report for the Golden Valley Ranch Project. D. On August 13, 2003, an application was filed by GMS Realty (the "applicant") with the Planning Division for development review of a 618,759 square foot commercial center requiring approval of a tentative parcel map for the subdivision of the two parcels into 17 parcels, a conditional use permit to construct buildings that exceed 35 feet in height and for the installation of three on-site freeway commercial signs and one off-site freeway commercial sign, a minor use permit for the construction of an automated, self-service car wash, two drive-through restaurants and alcohol sales at Target, Shop 1, Shop 3, Pads A, C, D, E, F and G, and the gas station, and a sign review for a unified sign program. The submittal was deemed complete on November 24, 2003. Resolution No. 04-53 Page 2 E. Proposed uses and services within the Golden Valley Ranch commercial center include a variety of retail uses, restaurants, a gas station and an automated, self -serve car wash, and a physical therapy center operated by Henry Mayo Newhall Memorial Hospital. F. The site is located east and adjacent to SR 14, just south of the Fair Oaks Ranch community. Single-family residential neighborhoods are located to the north and west (across from State Route 14). Natural, vacant land, which will be developed as part of the Golden Valley Ranch Project, TTM 52414, is located east of the commercial center site. Specifically, the area to the east will be developed with 498 single-family homes, an elementary school and a fire station. The Disney Golden Oak Ranch filming facility is located to the south of the commercial center site. The Assessor Parcel Numbers for the project site are 2841-017-028 and 029. G. This project was reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA). The City of Santa Clarita prepared an Initial Study and Addendum to the Golden Valley Ranch EIR for the project, which determined that the proposed project will have no substantial changes to the approved project, no substantial changes with respect to the circumstances to which the commercial center is undertaken and no new information of substantial importance meeting the test of CEQA Guidelines Section 15162(a)(3). H. With the conditions of approval, the proposed subdivision, and the construction and operation of the commercial center is consistent with the approval for TTM 52414, the City's Unified Development Code (UDC) requirements, and is supported by several goals and policies in the City's General Plan. I. A public hearing was duly noticed for the Planning Commission meeting of February 17, 2004, which was held at 7:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California. During this meeting, the Planning Commission received the staff report, applicant presentation and public testimony on the project. J. In a 5-0 vote, the Planning Commission approved Master Case 03-347 for the Golden Valley Ranch Commercial Center at the February 17, 2004, meeting. K. A letter of appeal dated February 27, 2004, was submitted on March 1, 2004, requesting the City Council deny the proposed project. L. A public hearing was duly noticed for the City Council meeting of May 11, 2004, which was held at 6:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA. During this meeting, the City Council received the staff report and public testimony on the project, and approved the project. WHEREAS, the City Council, has considered the proposed Initial Study and Addendum and, based upon the findings set forth below, hereby finds that the Addendum for this project has been prepared in compliance with CEQA: Resolution No. 04-53 Page 3 A. An Initial Study and Addendum for this project have been prepared in compliance with the California Environmental Quality Act (CEQA). B. There is no substantial change proposed in the commercial center, no substantial changes with respect to the circumstances to which the commercial center is undertaken and no new information of substantial importance meeting the test of CEQA Guidelines Section 15162(a) has arisen. Therefore, an Addendum has been prepared and is an attachment to the Final Golden Valley Ranch Environmental Impact Report (SCH 9712103 7). C. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the City Council is based is the Master Case 03-347 project file which may be found in the Planning and Building Services Department in the custody of the Director of Planning and Building Services. WHEREAS, in making its determination regarding the tentative parcel map application, the City Council has considered certain principles and standards, and finds and determines as follows: A. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the Santa Clarita General Plan and the Unified Development Code because the proposed subdivision of two parcels into 17 parcels for the development of a commercial center is permitted in the Community Commercial (CC) zone. The lots will vary in size, however all lots will have a minimum of 5,000 square feet and a width of 50 feet. Frontage along either the future Golden Valley Road or the future Lost Canyon Road is provided for each of the proposed parcels. All road and landscaping improvements, including but not limited to, curb, gutters, streetlights, bus stops, turnouts and roadway landscaping will be provided in accordance with City requirements as part of TTM 52414. Therefore, the proposed subdivision, with the attached conditions of approval, is in accordance with the purpose of the Unified Development Code, the purpose of the zone in which it is located, the Santa Clarita General Plan and the development policies and standards of the City. B. The site is physically suitable for the type of development because the project is within the scope of a previously approved project that was annexed and designated for commercial land uses and allowed for 618,759 square feet of commercial uses. The commercial development will be constructed in compliance with the City's development standards for the Community Commercial zone. Furthermore, the design and layout was reviewed and found to be consistent with the development standards, including but not limited to, setbacks, floor area ratio (FAR), landscaping, and parking, and is designed with consideration given the City's Architectural Design Guidelines. C. The site is physically suitable for the proposed density of development because the subject site is 55.93 acres and will have 618,759 square feet of commercial development, thereby resulting in a floor area ratio (FAR) of 0.25. This FAR is consistent with the 0.25 FAR approved under Master Case 97-212, TTM 52414, approved by the City Council in Resolution No. 04-53 Page 4 January 2002, and is in compliance with the allowable FAR for the zone as identified in the UDC. D. The design of the subdivision and the proposed development improvements are not likely to cause substantial environmental damage or substantially injure fish and wildlife or their habitat because the proposed project was part of the Golden Valley Ranch Project in which an Environmental Impact Report (EIR) analyzed the environmental effects of the overall Golden Valley Ranch Project. In addition, an Initial Study resulting in an Addendum to the Final EIR was prepared for the Commercial Center entitlements, including the vertical development of the commercial center, (building architecture and signage) and the proposed uses within the center (drive-throug0068 restaurants, self - serve, automated car wash, alcohol sales at specified locations). The Initial Study and the Addendum were prepared in compliance with the California Environmental Quality Act and all potential impacts to the environment have been evaluated. E. The design of the subdivision and type of improvements are not likely to cause serious health problems because the subdivision is proposed for the purpose of commercial development and does not involve hazardous materials or other substances which are known to be dangerous. F. The design of the subdivision and type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because any easements that exist or proposed easements shall be recorded and protected. WHEREAS, in making its determination regarding the conditional use permit and the minor use permit applications, the City Council has considered certain principles and standards, and finds and determines as follows: A. With the attached conditions of approval, the proposed location, size, design and operating characteristics of the proposed uses will be constructed in accordance with the previously approved Golden Valley Ranch Project, the purpose of the Unified Development Code, the purpose of the zone in which it is located, the Santa Clarita General Plan and the development policies and standards of the City because they will be developed in accordance with all applicable development standards and agency requirements. The project will be constructed with high quality architecture, providing architectural treatments exceeding 35 feet in height, requiring a conditional use permit. Specifically, the building height varies from 26 feet to 52 feet in height. The additional height is utilized for architectural projections, such as tower elements to break-up the roofline and the massing of the structures and to add visual interest and character to the overall development. The architectural features are consistent with the City's Architectural Design Guidelines and will reflect the character of Canyon Country utilizing a variety of rustic features that will compliment the overall development. The two proposed drive-through restaurants will be designed to have a minimum vehicle stacking distance of four cars between the order board and the pick-up window and a Resolution No. 04-53 Page 5 _ minimum stacking distance of six cars before the order board, which meets the requirements of the Unified Development Code. In addition, these buildings will be designed to compliment the proposed architecture on the commercial site, which is consistent with the City's Architectural Design Guidelines reflecting the desired Canyon Country identity. In addition, the car wash will operate in conjunction with the gas station and will be a fully -automated, self -serve car wash, requiring no attendants. The car wash entrance and exit will face the interior portion of the commercial center, is not located within 50 feet of any residential zone and will have a minimum stacking distance of three cars. In addition, the car wash will be consistent with the architecture throughout the commercial center and meets the City's Unified Development Code requirements. The sign program includes three on-site freeway commercial signs that will provide identification for the Golden Valley Ranch commercial center, two of which will be located on the southern commercial pad and one will be located adjacent to Lost Canyon Road for the northern commercial pad. These signs will be located a minimum distance of 1,500 feet from one another, are designed to match the architecture of the commercial center, and will not exceed the maximum height of 25 feet. The sign program also includes a fourth freeway commercial sign, which is an off-site reader board that would provide information regarding City business, the auto mall in Valencia and other information as approved by the City. This sign meets the minimum distance requirements, is designed to match the architecture of the commercial center and the other freeway commercial signs, and will not exceed 25 feet in height. Alcohol sales at select locations throughout the commercial center for on-site and off-site consumption will comply with Unified Development Code requirements. Specifically, the businesses within the commercial center requesting permission for the sale of alcohol are not located in proximity to any residences. The site is bounded by SR 14, major roadways, and landscaped slopes which provide a buffer between the commercial center and existing and future residences in the area. Therefore, the sale of alcohol at specified locations throughout the center is not anticipated to create a land use conflict and will be in keeping with the zone in which it is located. Furthermore, the project is consistent with Goal 2, Policy 2.14 of the Land Use Element which states to "promote the development of commercial and industrial activities in all communities of the planning area;" Goal 3 of the Land Use Element, which states "to achieve a balanced physical environment through sensible land use planning and urban design, while establishing the City's role as a regional center;" Goal 4 of the Land Use Element, which states "to ensure that development in the City is consistent with the overall community character and that it contributes in a positive way toward the City's image;" and Goal 1, Policy 1.9 of the Economic Development and Community Revitalization Element which states "to actively pursue hotel and major business development Citywide." This project will provide 618,759 square feet of commercial uses within the City's Community Commercial zone and will encourage a variety of businesses to locate within the eastern portion of the City. Resolution No. 04-53 Page 6 B. That the location, size, design and operating characteristics of the proposed uses will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings and structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density because the commercial buildings will not exceed the previously approved floor area ratio (FAR) of 0.25, will incorporate architecture to match the desired Canyon Country theme, and will include landscaping that will further soften the architecture and enhance the visual quality of the subject site. The architecture consists of treatments with a maximum height of 52 feet to provide visual relief for the massing of the buildings. These treatments include towers and projections that will break-up the roofline and add visual interest and character to the overall development. The architectural features are consistent with the City's Architectural Design Guidelines and will reflect the character of Canyon Country utilizing a variety of rustic features that will compliment the overall development. Two fast food restaurants will be provided at the commercial center, one of the southern pad and one of the northern pad. The self -serve car wash will be located on the southern commercial pad and some of the businesses will include the sales of alcohol for on- and off-site consumption. The fast food, drive-through restaurants, self -serve car wash, and sale of alcohol will be compatible with the other components of the commercial center, are not located within proximity to any residential uses and will meet the requirements of the Unified Development Code. The freeway commercial signs will be viewed primarily from the freeway, are designed to meet the UDC requirements for freeway commercial signs, and will be consistent with the architecture of the commercial center; 2. The availability of public facilities, services, and utilities because all necessary services and utilities will be provided to the commercial center and the freeway commercial signs as part of project implementation; 3. The harmful effect, if any, on desirable neighborhood character because the proposed uses will provide for a variety of retail and dining uses, including on-site alcohol sales, and service uses to serve the local community and the Santa Clarita Valley. The building architecture proposed for the buildings will provide towers and other treatments that will enhance the appearance of the center and meet the desired rustic theme of the Canyon Country residents. The fast food, drive-through establishments will not be located in proximity to any residential uses and will operate in compliance with all code requirements. The self -serve car wash will operate in conjunction with the gas station, is not located within 50 feet of any residential zone and will not have any negative impacts on any existing or proposed residential uses within the vicinity due to its location on the commercial site in proximity to the freeway in the rear portion of the southern commercial pad. In addition, the freeway commercial signs will not have a harmful effect of neighborhood Resolution No. 04-53 Page 7 character because the signs will be designed to match the center's architecture and will be installed and maintained in compliance with code requirements; 4. The generation of traffic and the capacity and physical character of surrounding streets because the Golden Valley Ranch Final Environmental Impact Report analyzed traffic and circulation and found that all impacts could be mitigated to a less than significant level. The commercial center will be fully accessed by Golden Valley Road and Lost Canyon Road, which will be designed to meet City standards and will be able to accommodate the traffic generation for the commercial center. The project requires one parking space for every 250 square feet of commercial and office area, one space for every 200 square feet of medical office area, one space for every 60 square feet of drive-through restaurant area, and one space for every three fixed restaurant seats and one space for every 45 square feet of open public area, except restrooms, non -fixed seats and lounges for restaurant uses on the project site. The applicant, for purposes of calculating restaurant parking, has used one space for every 90 square feet of building area to ensure that parking will be available for the restaurant uses. The southern parcel will have 351,551 square feet of commercial/office uses, a 3,500 square -foot drive- through restaurant, 8,603 square feet for restaurant uses and 2,400 square feet of outdoor eating area parked at one space for every 90 square feet, thereby requiring 1,587 parking spaces. The northern parcel will have 237,605 square feet of commercial/office uses, 2,500 square feet of drive-through restaurant area, two restaurants totaling 13,000 square feet, and 2,000 square feet of medical office area, thereby requiring 1,147 parking spaces. The applicant is providing 1,738 parking spaces on the south parcel and 1,147 parking spaces on the northern commercial pad for a total of 2,885 parking spaces. The inclusion of two drive-through restaurants, a self -serve, automated car wash and retail businesses and restaurants that sell alcohol are consistent with these parking standards and will not create a higher traffic demand than anticipated as part of the Golden Valley Ranch Final E1R. Therefore, the project will not negatively impact the surrounding streets because traffic flow will not be increased beyond capacity and all parking will be satisfied on-site. Furthermore, the architectural projections on the commercial structures and the construction and installation of the freeway commercial signs on the commercial center property and will not impact any parking areas or public roadways; 5. The suitability of the site for the type and intensity of use or development which is proposed meets all the development standards as approved under TTM 52414 and within the Unified Development Code, with the exception of height. The commercial center will have a minimum of a 10 -foot landscaped setback along the future Golden Valley Road and a minimum five-foot landscaped setback along the future Lost Canyon Road. The northern commercial pad, located in proximity to an existing residential community, will also maintain the required 25 -foot setback from the north property line, in Resolution No. 04-53 Page 8 addition to a landscaped hillside that separates the commercial property from the single-family residences. The buildings have varied rooflines and building heights to allow for architectural variations, including tower elements and roofline projections to break up the massing of the buildings, however no portion of the buildings will exceed 52 feet in height. Specifically, the building height varies from 26 feet to 52 feet. However, with the approval of a conditional use permit, the buildings may exceed the 35 -foot height standard. The two drive-through restaurants and the self -serve car wash will operate as part of the overall commercial development and are within the scope of typical commercial developments. The sales of alcohol for on- and off-site consumption will be permitted in conjunction with the proposed dining uses and other businesses are accessory to the primary uses and will be permitted in compliance with requirements set forth by the Alcohol Beverage Control (ABC). Freeway commercial signage is also appropriate for the commercial center facility as it is located adjacent to State Route 14, will meet Unified Development Code standards, will be architectural compatible with the overall design theme of the center, and will be located on commercial center property; and 6. The uses will not have a harmful effect upon environmental quality and natural resources because they will be located in a commercial center that will be completed in a manner to create a sensitive interface with the surrounding resources and will not have a negative impact on the environment because development will occur on graded pads, adjacent to State Route 14 and the future Golden Valley Road and Lost Canyon Road. C. That the proposed location, size, design and operating characteristics of the proposed uses, including the fast food, drive-through restaurants, the self -serve car wash and the on- and off-site alcohol sales, and the conditions under which they would be operated or maintained, will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity because they will be designed and developed in a manner consistent with the previously approved TTM 52414, the Unified Development Code, and are consistent with the type of uses found in proximity to residential uses and adjacent to a freeway off -ramp. Therefore, the proposed uses will serve to provide a variety of opportunities for travelers along the freeway and for the existing and future residential uses in the vicinity. In addition, the proposed onsite freeway commercial signs will provide business identification to direct travelers along State Route 14 to the commercial center and the off-site freeway sign will provide identification and information for the City of Santa Clarita and other information approved by the City. D. That the proposed uses and all of the design features, including the increased height ranging from 26 feet to 52 feet for the incorporation of architectural treatments, will comply with all applicable provisions of the Unified Development Code, as conditioned, and will reflect the rustic Canyon Country character with a variety of color, material, height and texture. Resolution No. 04-53 Page 9 WHEREAS, in making its determination regarding the sign review application, the City Council has considered certain principles and standards, and finds and determines as follows: A. The proposed signs comply with the City's Architectural Design Guidelines because the sign program will provide business identification for the entire commercial center having a unified appearance in size and dimensions throughout the project site. Sign design will also carry out the overall architectural design theme of the commercial center structures. B. The proposed signs will not interfere with pedestrian or vehicular safety because the wall signs will be installed in compliance with the City's Building and Safety requirements, the monuments signs will be installed within the landscaped areas and will comply with the requirements within the Unified Development Code. C. The proposed signs will not detract from the character of a historic or architecturally significant structure nor will the proposed signs be located as to have negative impact on adjacent properties because no historic or architecturally significant structures exist within proximity to the project site. In addition, all signage meets the criteria within the City's Unified Development Code. D. The proposed signs will not detract from the pedestrian quality of the street or area because the signs will be designed and located in coordination with parkways, pedestrian pathways, and commercial center entries and will be architecturally consistent with the overall commercial center design theme. E. The proposed signs will not add to a proliferation of signs on the site because currently the site is vacant and the program will ensure that signage is installed in an appropriate manner as development occurs within the commercial center. F. The proposed signs will enhance the overall development, be in harmony with, and relate visually to other signs on-site, to the structures or developments they identify, and to surrounding development because the sign program will ensure a positive and architecturally unified image throughout the commercial center and along Golden Valley Road. G. The conditions applicable to the property, including size, shape, topography, structure setbacks, location and surroundings do not generally apply to the surrounding properties in the same zone. A comprehensive sign program is needed because the project site is'a large commercial center with varying topography adjacent to State Route 14. The sign program will ensure that the signs used throughout the project site are consistent. WHEREAS, in making its determination regarding the development review application, the City Council has considered certain principles and standards and finds and determines that the proposed development, the Golden Valley Ranch Commercial Center, conforms to the City's design guideline standards, policies and practices set forth in the City's Architectural Design Guidelines and with the development plan review standards and criteria set forth in UDC Resolution No. 04-53 Page 10 Section 17.03.060 because it meets the City's requirements with regard to parking, landscaping, lighting, on-site circulation, building and safety regulations, and architectural design and will enhance the appearance and quality of development in the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Clarita, California, as follows: SECTION 1. The City Council hereby considered the Initial Study/BIR Addendum together with the Final EIR and approves Master Case 03-347 (Tentative Parcel Map 60337; Conditional Use Permit 03-010; Minor Use Permit 03-045; Development Review 03-027; and Sign Review 03-018) for a 618,759 square -foot commercial center exceeding 35 feet in height, including alcohol sales (Target, Shop 1, Shop 3, Pads A, C, D, E, F and G, and the gas station), an automated, self-service car wash, two drive-through restaurants, and three on-site freeway commercial signs and one off-site freeway commercial sign as part of the Golden Valley Ranch development located east and adjacent to State Route 14. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this I la' day of May, 2004. CTT i' C:LERI, Resolution No. 04-53 Page 11 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. 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 11` day of May, 2004, by the following vote: AYES: COUNCILMEMBERS: Weste, Ferry, McLean, Smyth, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None . PL" , CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 04-53, adopted by the City Council of the City of Santa Clarita, California on May 11, 2004, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 20_. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk MASTER CASE 03-347 GOLDEN VALLEY RANCH COMMERCIAL CENTER ENTITLEMENTS TENTATIVE PARCEL MAP 60337; CONDITIONAL USE PERMIT 03-010; MINOR USE PERMIT 03-045; DEVELOPMENT REVIEW 03-027; AND SIGN REVIEW 03-018 FINAL CONDITIONS OF APPROVAL APPROVED BY CITY COUNCIL ON MAY 11, 2004 Applicant: GMS Realty Jeff Sterk 5973 Avenida Encinas, Suite 300 Carlsbad, CA 92008 Entitlement Types: The applicant, GMS Realty, is requesting approval of the following entitlements: • Tentative Parcel Map for the subdivision of the commercial pads into 17 parcels; • Conditional Use Permit for all structures exceeding 35 feet in height, for one off-site freeway commercial center sign, and three on-site freeway commercial center signs; • Minor Use Permit for two drive-through restaurants, the sale of alcohol for on-site consumption and off-site consumption at designated locations, and a self -serve, automated car wash; • Development Review for the construction of a 618,759 square -foot commercial center; and • Sign Review for a sign program. Location: The Golden Valley Ranch Commercial Center site includes approximately 55.93 gross acres (53.45 net acres) immediately east of SR 14 in the City of Santa Clarita, community of Canyon Country. The project site is part of the approved Golden Valley Ranch Project, Tentative Tract Map 52414, which totals 1,259 acres. The Golden Valley Ranch Commercial Center site will be accessed by the easterly extension of Golden Valley Road and the southerly extension of Lost Canyon Road from the Fair Oaks Ranch community to the north. FINAL CONDITIONS OF APPROVAL General Comments/Conditions GC1. Any entitlements associated with the Golden Valley Ranch Commercial Center are subject to all applicable conditions of approval for the Golden Valley Ranch Project, Master Case 03-347— Conditions of Approval Page 2 of 24 Tentative Tract Map 52414, approved by the Santa Clarita City Council on January 24, 2002. GC2. All applicable mitigation measures identified in the certified Final Golden Valley Ranch Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) and approved SUSMP for the project shall be complied with to the satisfaction of Director of Planning and Building Services. GC3. As stated in the original conditions of approval for the Golden Valley Ranch project, the applicant shall provide, to City's designee, a rent-free 2,000 -square -foot space in the commercial center for use as a medical facility for the life of the project. GMS Realty has committed to provide a 2,000 square -foot space on the northern commercial parcel to Henry Mayo Newhall Hospital (H1VIN11). HMNH representatives have indicated that they will operate a physical therapy facility in the space provided. A lease agreement shall be in place between GMS Realty and HMNH prior to building occupancy. GC4. The approval of this entitlement shall expire two years from the date of conditional approval unless modified with an approved development agreement. GC5. 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. GC6. Details shown on the site plan are not necessarily approved. Any details which are inconsistent with the requirements of state or local ordinances, general conditions of approval, or City policies and not modified by this permit must be specifically approved. GC7. 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 (Acceptance Form) stating that they are aware of, and agree to accept, all of the conditions of this grant. GC8. 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 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 that 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. GC9. Individual developments associated with the proposed project may require a Districts' permit for Industrial Wastewater Discharge. The project developer shall 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 Master Case 03-347— Conditions of Approval Page 3 of 24 for proposed development(s) to the Districts for review and approval prior to the issuance of building permits. GC10. 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 stone drainage activity of the City as a utility enterprise. GC11. Unless otherwise apparent from the context, the term "applicant" shall include the applicant and any other persons, corporation, or other entity making use of this grant. The applicant shall defend, indemnify, and hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul the approval of this project, including any related environmental approvals. 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 settlement is approved by the applicant." GC12. 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. Planning PLL This permit authorizes the subdivision of two parcels into 17 parcels and the construction of a 618,759 square -foot commercial center with building architecture that exceeds 35 feet in height for a maximum height of 52 feet at specified locations along the east side of State Route 14, at the easterly terminus of Golden Valley Road. PL2. This permit also approves the conditional use permit for building architecture that exceeds 35 feet in height for a maximum height of 52 feet at specified locations, for the four freeway commercial signs (three on-site and one off-site sign) and a minor use permit for two fast food restaurants, an automated, self -serve car wash, and the sale of alcohol at Target, Shop 1, Shop 3, Pads A, C, D, E, F and G, and the gas station. PL3. This approval authorizes the implementation of the sign program dated February 3, 2004, for the Golden Valley Ranch commercial center. Any modifications to the sign program shall be reviewed as a sign review by the Director of Planning and Building Services prior to the approval of any signage that does not conform to the program. The Director may refer the modification to the Planning Commission at the Director's discretion. Master Case 03-347— Conditions of Approval Page 4 of 24 PL4. The off-site freeway commercial sign will be used by the City of Santa Clarita, the automobile dealerships, and other uses and businesses as approved by the City of Santa Clarita. The applicant shall provide a monthly sign message program for the off-site freeway commercial sign detailing the type of messages, frequency, and times displayed on the freeway commercial sign to the satisfaction of the Director of Planning and Building Services and the Economic Development Manager. PLS. Prior to occupancy of the first building, the applicant shall record a use easement for the on-site freeway signs identifying the commercial center and tenants. These on-site signs shall be permanently maintained as identification for the Golden Valley Ranch commercial center. PL6. Prior to occupancy of the first building, a reciprocal parking and access agreement, in the form of an Operations and Easement Agreement (OEA), shall be recorded for all contiguous parcels on both the north commercial pad and south commercial pad. PL7. Prior to occupancy of future tenants, a parking analysis shall be submitted for review and approval by the Director of Planning and Building Services. Future tenants will be required to prove that their facility will have adequate parking for the specific use — whether medical office, restaurant, instructional school, or other type of commercial use. PL8. Prior to issuance of grading permits, the applicant shall submit a final landscape and irrigation plan consistent with the requirements set forth within the Unified Development Code subject to the review and approval of the Director of Planning and Building Services. Landscape plans require the following: ■ A 10 -foot wide landscaped setback shall be installed along Golden Valley Road and Lost Canyon Road. ■ All landscaped areas shall be bordered by a six -inch -high and six -inch -wide concrete curb. ■ All trash enclosures, buildings, mechanical devices and vault boxes shall be screened with mature landscape including 15 -gallon shrubs, vines, 24 -inch and 36 -inch box trees. ■ Headlight hedges are required where parking stalls front drive aisles and roadways. All headlight hedges are to be a full 36 inches high at time of final inspection. If a headlight wall is used, the maximum height shall not exceed 42 inches and shall not be less than 30 inches. ■ All graded slopes five feet and greater are to be jute netted and landscaped with one tree per 150 square feet and one shrub per 100 square feet. ■ All landscaping shall be maintained in a permanent and healthy condition. ■ All comments from the preliminary review of landscape plan must be incorporated into the final landscape and irrigation plans. PL9. Prior to occupancy, the applicant shall provide enhanced landscaping at the two western quadrants of the Golden Valley Road/Lost Canyon Road intersection. Master Case 03-347— Conditions of Approval Page 5 of 24 PL10. All on-site light sources shall be directed downward and shielded to mitigate glare and spillover onto adjacent streets and properties. PL11. All roof equipment shall be architecturally screened from public view with similar colors and materials to the existing buildings. Prior to occupancy, all screening features shall be subject to the review and approval by the Director of Planning and Building Services. PL12. Prior to occupancy, any grocery stores, home improvement, department stores or similar businesses providing shopping carts shall provide permanent cart retrieval/collecting locations. Cart corrals shall be built at the locations shown on the site plan. The cart retrieval areas shall be designed to match the colors and materials of the proposed building architecture subject to the review and approval by the Director of Planning and Building Services. Landscaping around the cart retrieval locations shall be a minimum of 42 inches in height, or the height of the highest cart retrieval rail, whichever is taller, at the time of installation. Due to the size and design of the Kohl's shopping carts, cart corrals will not be required in the Kohl's parking area. Instead, Kohl's is required to monitor the parking area adjacent to their facility to ensure that the area is clear of carts. PL13. Prior to occupancy, all of the pedestrian walkways provided in the parking lot areas shall consist of decorative pavement to the satisfaction of the Director of Planning and Building Services. PL14. As shown on the site plan, the applicant shall provide on-site pedestrian walkways and seating areas on the project site to create a pedestrian -friendly environment as well as to connect the project to the City's trail system along Golden Valley Road to the project site. Prior to occupancy, the walkways shall be enhanced to provide trellis work, landscaping, or other enhancements to the satisfaction of the Director of Planning and Building Services. PL15. Merchandise may not extend more than four feet beyond the store frontage and shall not exceed 50% of the linear frontage of the storefront. A temporary use permit, to be reviewed and approved by the Director of Planning and Building Services, shall be required for any outdoor sales that exceed four feet beyond the store frontage. PL16. The site plan for the commercial center shall show the locations of the fire flow check valve, Edison transformers and other types of objects that can be seen from the street. Prior to occupancy, the location and screening of these objects is subject to the review and approval of the Director of Planning and Building Services. PL17. Prior to occupancy, the applicant shall install bike racks to the satisfaction of the Director of Planning and Building Services. PL18. During construction, all exterior changes, including but not limited to landscaping, walkways, and building elevations, shall be approved by the Planning Division. Master Case 03-347— Conditions of Approval Page 6 of 24 PL19. Standard -sized parking stalls throughout the commercial center shall measure, at minimum, a full 9' width by 18' length. PL20. Fast food restaurants shall provide stacking for four (4) cars between the order board and the pick-up window and stacking for six (6) cars behind the order board. In no event shall a total queuing length of less than two hundred (200) feet be maintained. PL21. Prior to the issuance of any building permit, the applicant shall submit a phasing plan detailing building areas and improvements that are required for occupancy of each building on the project site. This phasing plan shall also include an updated parking plan reflecting the specific use and applicable parking requirements. This updated parking plan will be reviewed for conformance to the approved site plan. PL22. The permanent reservation of all commonly -owned areas within the commercial development area is required. Such reservation shall be accomplished through the establishment of an Operations and Easement Agreement (OEA). Prior to occupancy, the applicant shall submit a copy of the OEA for City review and approval. PL23. No restrictions prohibiting the incorporation of wireless communications facilities shall be implemented. Applicant will work with wireless communications carriers to identify appropriate locations for these facilities within the project. Any proposed facilities shall obtain the appropriate permits from the City of Santa Clarita and must be in compliance with the Wireless Communications Facilities Ordinance Section 17.17.040.N of the UDC. PL24. Retaining walls at project entries along Golden Valley Road shall be constructed with an interlocking block design to allow for planting intended to soften views of the wall and aesthetically enhance the project entrances. PL25. Prior to obtaining Planning Division site plan approval, the applicant shall obtain stamped approval from the Los Angeles County Fire Department. PL26. Prior to issuance of building permits, the applicant shall comply with all applicable regulations and fees of affected agencies. PL27. All requirements of the Unified Development Code and of the specific zoning of the subject property must be complied with unless set forth in the permit and/or shown on the approved site plan. PL28. If the modified site plan for the northern commercial pad is selected by the City Council, further staff review to ensure that all City requirements and design guidelines are met will be required, subject to the approval of the Director of Planning and Building Services. PL29. Per the direction of the City Council on May 11, 2004, and as agreed to by PacSun, LLC and GMS Realty, the following six items shall be added to the conditions of approval: Master Case 03-347— Conditions of Approval Page 7 of 24 1. The Lowe's building located on the northern commercial pad shall be "flipped" so as to relocate the daily delivery truck bay to the southwestern comer of the building. The revised site plan for the northern commercial pad shall meet all City requirements and shall be subject to the approval of the Director of Planning & Building Services. 2. A landscaped berm measuring 2'-10'in height shall be provided at locations along the northern commercial slope. A 2-5' high crib wall will also be located on a portion of the northern commercial slope. This shall be subject to the review and approval of the Director of Planning & Building Services. 3. GMS Realty shall include a provision in the commercial center operations agreement that directs all commercial truck traffic to access the shopping center from Golden Valley Road, using the Golden Valley Road off -ramp from SRI 4. 4. A 24-hour telephone hotline shall be established for the public during grading activity. In addition, a pre -construction meeting for the public shall be held. 5. Grading activity within 1,000 feet of the Fair Oaks Ranch property along the northern commercial slope shall be limited to 8:30 AM — 5:00 PM, Monday thru Friday. No grading or deliveries shall occur within this area on Saturdays, Sundays or holidays. 6. Landscaping shall be installed along the northerly segment of Golden Valley Road in such a manner so as to buffer the view of the roadway from the Fair Oaks Ranch community. Building and Safety BSI. Prior to the issuance of building permits, the applicant shall demonstrate that all structures comply with the detailed requirements of the 2001 California Building, Mechanical, Electrical and Plumbing Codes, the 2001 California energy code with AB970 Amendments to Title 24, and the 2002 City of Santa Clarita amendments to the California codes (or the adopted codes at the time of application). A copy of the City amendments is available at the Building and Safety public counter and on the City's website at www.santa-clarita.com. BS2. Prior to issuance of any grading or building permits, the applicant shall submit a complete soils and geology report. Three sets of the report shall be formally submitted to the Engineering Division for review and approval. One copy of the report shall be submitted to Building and Safety for review at the time of plan submittal for building permits. BS3. Prior to issuance of building permits, the applicant shall complete rough grading and/or . _ recompaction (if proposed), a final compaction report and Rough Grading Certification shall be submitted to and approved by the Engineering Division. A copy of the final compaction report shall be reviewed by Building and Safety. Master Case 03-347— Conditions of Approval Page 8 of 24 BS4. All structures shall be set back from any ascending and descending slopes per Section 1806.5 of the California Building Code. BSS. Prior to issuance of building permits, the applicant shall demonstrate that the project fully complies with the disabled access requirements as specified in Chapter 11B of the California Building Code. BS6. The property is located within 1,000 feet of a natural hillside brush area and the roof coverings, exterior walls, exterior windows and doors and accessory structures shall comply with the City's Fire Hazard Zone Ordinance. BS7. Prior to issuance of building permits, the applicant shall submit written clearances from the William S. Hart School District and Sulphur Springs Elementary School District, the Castaic Lake Water Agency, the Los Angeles County Sanitation District, the Los Angeles County Environmental Services (Health Dept.), and the Los Angeles County Environmental Programs (Industrial Waste). An agency referral list is available at the Building and Safety public counter. BSB. At the time of application for a building permit, please submit two complete sets of the following construction documents for plan review: architectural; structural; mechanical; electrical and plumbing plans; structural and energy calculations; soil report; truss drawings and calculations; and a single copy of the current tax assessor's map. BS9. When the plan check application is filed, provide an additional copy of the site plan, (plotted at 1"=100') showing the ultimate number of leasable spaces with a completed application for Building Addresses to Building and Safety. BS10. Prior to issuance of building permits, the plans shall address the following specific comments: a. Show all lot lines (existing and proposed), easements, required side yards, restricted use areas, flood hazard areas, etc. on the site plan; b. Provide a Building Code Analysis containing: the type of construction, the height of the buildings, the number of stories, the proposed occupancy groups and occupant loads, the basic allowable area per the Building Code, the actual area of the buildings with area justification calculations and other related data; C. All on-site private sewer lines and laterals shall have a minimum 2% slope per CPC Chapter 7; d. The City of Santa Clarita has adopted the California plumbing code for the determination of plumbing fixtures; e. Do not locate the parking lot lights in the tree diamonds; and f Trash enclosures and trellis structures will require separate building permits. BS 11. These comments are based on a review of conceptual plans submitted by the applicant. A thorough review will be performed and specific comments will be generated when the final plans are submitted to Building and Safety with a completed application and plan check fees. Master Case 03-347— Conditions of Approval Page 9 of 24 Administrative Services AS 1. Prior to the recordation of the final tract/parcel map and before issuance of permits, the property must be annexed into a Landscape Maintenance District (LMD) for the maintenance of medians, streetscapes and designated slopes within the project including the Caltrans slope. The design of the landscaping must comply with all City design and maintenance standards. The applicant must provide measures to mitigate any liability to the City for the LMD areas to the satisfaction of the Administrative Services Director for the Caltrans slope or any other areas. AS2. Prior to the recordation of the final tract/parcel map and before issuance of permits, the LMD landscape improvements shall be bonded for or installed. The landscape improvements shall include the median landscape improvements for the medians (and parkways if applicable) along Golden Valley Road and other roads adjacent to the tract frontage and any additional median island improvements required by the City Traffic Engineer or Director of Parks, Recreation and Community Services and the slopes identified on the LMD exhibit dated November 13, 2003. AS3. The species of any parkway trees within a proposed LMD area must be approved by the LMD. AS4. Prior to the issuance of a certificate of occupancy, all LMD landscape and improvements to the medians adjacent to the tract frontage (and any additional median island improvements required by the City Traffic Engineer) shall be made to the satisfaction of the Director of Administrative Services. AS5. The median landscape design shall be consistent with the requirements in the City's Beautification Master Plan. AS6. Prior to recordation of the map, a copy of the Operations and Easement Agreement (OEA) must be provided for review. The OEA must state that certain portions of property within or adjacent to the project will be maintained by an LMD. In the event that the LMD is dissolved or can no longer fund the maintenance or any other services the LMD is obligated to provide, the OEA shall specify that the property owners are responsible for the costs of any required maintenance or repairs. AS7. With the recordation of an applicable final tract/parcel map, the applicant shall provide easements, access to, and egress from, slopes which are to be maintained by a Landscape Maintenance District. AS8. Prior to the issuance of grading permits, the applicant shall provide final landscape and irrigation plans to the City's Landscape District Division for review and approval or submit a copy of the grading plan for LMD review and approval prior to approval of the grading plan. Where no grading permit is required, the landscape/irrigation plans will be Master Case 03-347— Conditions of Approval Page 10 of 24 required prior to issuance of building permit. LMD landscape plans shall be submitted and approved by the LMD Division prior to the installation of the landscaping. AS9. The City and the applicant shall make an agreement regarding the access and maintenance of the three on-site freeway commercial signs and one off-site freeway commercial sign to be located the SR 14 slope. Parks and Recreation PRI. Prior to the issuance of grading permits, the applicant shall submit final trail plans for the review and approval of the Director of Parks, Recreation, and Community Services. The trail plans must include all construction, signage, fencing and striping information. PR2. Trees planted within fourteen (14) feet of the paved road section in commercial developments on major arterials will be subject to the Parkway Influence Area as identified in City Ordinance 91-45 and 92-38. The property owner will maintain trees planted within this area to City standards. PR3. Prior to the issuance of the first certificate of occupancy, the Class I bike trail to be installed along the south side of Golden Valley Road shall be completed along the commercial project frontage to the satisfaction of the Director of Parks, Recreation and Community Services. PR4. As shown on the site plan, prior to occupancy, the applicant shall provide handicap - accessible shaded outdoor employee break areas, which include tables, benches, trash containers and bike racks. Urban Forestry UF1. The applicant shall install approved street trees along the public right-of-ways, including the future Golden Valley Road and the future Lost Canyon Road. UF2. The spacing of street trees within the public right-of-way shall be no less than 20 feet on center and shall not exceed the maximum of 40 feet on center. UF3. Street trees in a public right-of-way which is landscaped with turf shall have a minimum of a three-foot diameter circle with 3-4 inches of natural shredded bark or mulch. Each tree planted in a turf setting shall have an arbor guard with a height of 8-9 inches installed at the base of each tree. U174. Lineal root barriers with a minimum height of eighteen (18) inches and a distance of twelve (12) lineal feet shall be installed along the edge of all public sidewalks and Class I trails and placed on center with the trunk of each tree. The top of all root barriers shall be installed level with the grade of soil. Master Case 03-347— Conditions of Approval Page 11 of 24 UFS. Street trees planted in a public right-of-way that consists of concrete shall have tree wells installed. In concrete public right-of-ways that exceed a width of eight (8) feet, the tree well shall be a minimum of four (4) feet wide by six (6) feet long. Concrete public right- of-ways less than eight (8) feet shall have a minimum size tree well of three (3) feet wide by five (5) feet long. All concrete tree wells shall be lined with root barriers with a minimum height of 18 inches. The top of all root barriers shall be installed level with the grade of soil. U176. All street trees planted in the public right-of-way shall be a minimum 24 -inch size box container tree or larger, and must meet or exceed the current industry standards for street trees. UFT The applicant shall install drip or bubbler type irrigation to each individual tree. All irrigation shall be approved by the Director of the Parks, Recreation and Community Services, Director of the Planning and Building Services, and Urban Forestry Division Manager. UF8. All species of street trees planted within the public right-of-way shall comply with the Golden Valley Road master street tree plan and landscape plan. If there are no current trees listed for this location, then all trees planted within the public right-of-way shall be approved by the Urban Forestry Division Manager, the Director of Parks, Recreation and w Community Services, and the Director of Planning and Building Services. UF9. All parkway trees within the public right-of-way shall be planted according to the City of Santa Clarita Street Tree Planting and Staking Detail sheet. A copy of this information can be obtained through the Urban Forestry Division. U1710. The applicant shall be advised that all trees planted within the public right-of-way shall be protected under City of Santa Clarita Street Tree Ordinance 90-15 immediately following approval from the Director of Planning and Building Services. Environmental Services ES1. This project is a development planning priority project under the City's NPDES Municipal Stormwater Permit as a parking lot with 5,000 square feet or more or with 25 or more parking spaces potentially exposed to stormwater runoff. An Urban Stormwater Mitigation Plan (USMP) that incorporates appropriate post construction best management practices (BMPs) into the design of the project must be prepared and approved prior to issuance of any grading or building permits. Contact the Environmental Services Division at (661) 284-1422 with any questions. ES2. This project is greater than one acre in size; therefore, it is subject to a General Construction Permit under the City's Municipal Stormwater Permit. The applicant must submit a State Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP) to the City prior to obtaining a grading permit. Master Case 03-347— Conditions of Approval Page 12 of 24 ES3. Prior to occupancy, the applicant shall provide sufficient trash enclosures to house 62 three yard bins, or as otherwise determined by the Environmental Services Division. The Environmental Services Manager will consider the use of trash compactors and bailers to fulfill the requirement. Half of the bins should be reserved for recyclable materials only. All trash enclosures should be shown on the site plan and should be consistent with the surrounding architecture, meet City specifications have a solid roof and be located to provide convenient pedestrian and collection vehicle access. ES4. The project applicant is encouraged to recycle construction and demolition debris. Contact the Environmental Services Division for debris recycling information. Transportation and Engineering Services GENERAL EN1. The applicant 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, Unified Development Code, Undergrounding of Utilities Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. EN2. The applicant shall file a map, which must be prepared by or under the direction of a licensed land surveyor or registered civil engineer in the State of California. The map shall be processed through the City Engineer prior to being filed with the County Recorder. The applicant shall note all offers of dedication by certificate on the face of the map. The applicant shall pay a deposit as required to review documents and plans for final map clearance in accordance with Section 16.26.060 of the Unified Development Code. EN3. Prior to final map approval, the applicant shall have approved and recorded a Certificate of Compliance to legalize all parcels within the boundaries of this project, to the satisfaction of the City Engineer. EN4. Prior to final map approval, all lots must be reconfigured to have frontage on a public street, per Section 16.13.060 of the Unified Development Code. ENS. Prior to occupancy, the applicant shall label driveways as 'Private Driveway and Fire Lane" on the map to the satisfaction of the City Engineer. EN6. Prior to final map approval, the applicant shall quitclaim or relocate easements running through proposed structures to the satisfaction of the City Engineer. EN7. If the applicant intends to file multiple final maps, he must inform the Advisory Agency. The boundaries of the units for such a map shall be designed to the satisfaction of the City Engineer and the Director of Planning and Building Services. The phasing plan for Master Case 03-347— Conditions of Approval Page 13 of 24 the multiple maps shall be approved by the City Engineer prior to filing of the first phase map. EN8. The applicant shall show that portion which is not divided for the purpose of sale, lease, or financing as a "Designated Remainder" on the final map to the satisfaction of the City Engineer. EN9. A preliminary subdivision/parcel map guarantee is required at map check submittal, and a final subdivision/parcel map guarantee is required prior to final map approval. EN10. Prior to final map approval, the applicant shall include a disclosure in the Operating and Easement Agreement (OEA) to comply with the geologist's recommendations in the geology report for restrictions on watering, irrigation, and planting, and recommend types of plants. The OEA shall be submitted to the City for approval prior to final map approval. The applicant shall reimburse the City for the City Attorney's fees to review the OEA. ENI I. This tentative map approval is subject to the applicant's acceptance of the following conditions for acquisition of easements: a. The applicant shall secure at the applicant's expense sufficient title or interest in land to permit any off-site improvements to be made; b. If the applicant is unable to acquire sufficient title or interest to permit the off-site improvements to be made, the applicant shall notify the City of this inability not less than six months prior to approval of the final map; c. In such case, the City may thereafter acquire sufficient interest in the land, which will permit the off-site improvements to be made by the applicant; d. The applicant shall pay all of the City's costs of acquiring said off-site property interests pursuant to Government Code Section 66462.5. The applicant shall pay such costs irrespective of whether the final map is recorded or whether a reversion occurs. The cost of acquisition may include, but is not limited to, acquisition prices, damages, engineering services, expert fees, title examination, appraisal costs, acquisition services, relocation assistance services and payments, legal services and fees, mapping services, document preparation, expenses, and/or damages as provided under Code of Civil Procedures Sections 1268.510-.620 and Overhead; e. The applicant agrees that the City will have satisfied the 120 -day limitation of Government Code Section 66462.5 and the foregoing conditions relating thereto when it files its eminent domain action in superior court within said time period; f At the time the applicant notifies the City as provided in "b." hereinabove, the subdivider shall simultaneously submit to the City in a form acceptable to the City all appropriate appraisals, engineering specifications, legal land descriptions, plans, pleadings, and other documents deemed necessary by the City to commence its acquisition proceedings. Said documents must be submitted to the City for preliminary review and comment at least 30 days prior to the applicant's notice described hereinabove at "b;" Master Case 03-347— Conditions of Approval Page 14 of 24 g. The applicant agrees to deposit with the City, within five days of request by the City, such sums of money as the City estimates to be required for the costs of acquisition. The City may require additional deposits from time -to -time; h. The applicant shall not sell any lot/parcel/unit shown on the final map until the City has acquired said sufficient land interest; i. If the superior court thereafter rules in a final judgment that the City may not acquire said sufficient land interest, the applicant agrees that the City may initiate proceedings for reversion to acreage; j. The applicant shall execute any agreements mutually agreeable prior to approval of the final map as may be necessary to assure compliance with the foregoing conditions; and k. Failure by the applicant to notify the City as required by "b." hereinabove, or simultaneously submits the required and approved documents specified in "e." hereinabove, or make the deposits specified in "f." hereinabove, shall constitute subdivider's waiver of the requirements otherwise imposed upon the City to acquire necessary interests in land pursuant to Section 66462.5. In such event, subdivider shall meet all conditions for installing or constructing off-site improvements notwithstanding Section 66462.5. EN12. Easements are tentatively required, subject to review by the City Engineer to determine the final locations and requirements. On-site easements must be dedicated prior to final map approval. Off-site easements shall be dedicated by separate document prior to final map approval. Such easements shall be included, but not limited to, easements for the purpose of ingress and egress. ROAD IMPROVEMENTS All roadways shall be designed in accordance with the City's roadway design criteria, and constructed prior to building occupancy. If the City Engineer determines that it is more beneficial for the City to construct the required improvement at a later time, the applicant shall pay a cash in -lieu fee that is equivalent to the cost of improvement. EN13. Prior to final map approval, the applicant, by agreement with the City Engineer, may guarantee installation of the improvements as determined by the City Engineer through faithful performance bonds, letters of credit, or any other acceptable means. The owner of the properties shall be withheld of building occupancy if the improvements are not completed. EN14. The applicant's street and grading plans and all construction permitted by such plans shall comply with the requirements of the approved oak tree report. EN15. Prior to final map approval, the applicant shall provide for sight distance along extreme slopes, curves, or at intersections to the satisfaction of the City Engineer, and provide the sight distance easement on the final map. Master Case 03-347— Conditions of Approval Page 15 of 24 ENI 6. Prior to final map approval (or building permit), a Will Serve Letter shall be provided for a Community Antenna Television service (CATV). EN17. The applicant shall not grant or record easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other easements until after the final map is filed with the County Recorder, unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, subordination must be executed by the easement holder prior to the filing of the final parcel map. EN 18. Prior to final map approval, the applicant shall provide letter(s) of slope easement(s) and drainage acceptance as directed by the City Engineer. EN19. Prior to occupancy, the applicant shall obtain approval of the City Engineer and the City Attorney for the Operating and Easement Agreement (OEA). The applicant shall reimburse the City for the City Attorney's fees to review the OEA. EN20. Prior to final map approval, the applicant shall dedicate slope easements to the satisfaction of the City Engineer on the final map or by separate document if no map is involved. _ EN21. Prior to final map approval, the applicant shall dedicate to the City the right to restrict direct vehicular ingress and egress on all streets having a projected volume of 2,000 vehicle trips per day and within 100 feet of any secondary or major highway and on the final map or by separate document if no map is involved. EN22. Prior to final map approval, the applicant shall pay street maintenance fees to cover the cost of one-time slurry seal of all pavements constructed as public streets within the development. EN23. Prior to occupancy, the applicant shall construct and landscape medians on Golden Valley Road and Lost Canyon Road, or if medians are not desired at this time, shall pay an in -lieu fee for the cost of construction to the satisfaction of the City Engineer. EN24. The applicant shall dedicate and construct the following required road improvements: Right-of-way dedication for roadways shall be completed prior to final map approval. The construction of roadway shall be completed prior to building occupancy. Land - Street Name Curb &Base &Street Street Sidewalk scaped Width utter Paving Lights Trees 5' min)Median Golden Valle 100' Road Lost Canyon Road 92' Right-of-way dedication for roadways shall be completed prior to final map approval. The construction of roadway shall be completed prior to building occupancy. Master Case 03-347— Conditions of Approval Page 16 of 24 EN25. Prior to road plan approval, the applicant shall contact the City's Department of Parks, Recreation, and Community Services for street tree location, species, and approved method of installation and irrigation. EN26. Prior to occupancy, the applicant shall construct all driveway approaches using a modified commercial driveway design that will provide a street/drive approach transition with a maximum algebraic grade difference of 7%. Construction details shall be shown on the street plan that will provide a transition no greater than this maximum along with an appropriate standard pedestrian pathway across the driveway. EN27. Prior to final map approval, the applicant shall pay fees for signing and striping of streets as determined by the City Engineer or shall prepare signing and striping plans for all multi -lane highways/roadways within or abutting the subdivision to the satisfaction of the City Engineer. EN28. Prior to building occupancy, the applicant is required to install distribution lines and individual service lines for Community Antenna Television service (CATV) for all new development. EN29. Prior to building occupancy, the applicant shall install mailboxes and posts in accordance with the City's standards, and secure approval of the U.S. Postal Service prior to installation. EN30. Prior to building occupancy, the applicant shall install a sign at the end of all streets that are to be extended in the future to the satisfaction of the City Engineer. EN31. Prior to building occupancy, the applicant shall repair any broken or damaged curb, gutter, and sidewalk, and refurbish the half section of pavement on streets within or abutting the subdivision. EN32. Prior to building occupancy, the applicant shall construct full -width sidewalk at all walk returns. EN33. Prior to building occupancy, the applicant shall construct a wheelchair ramp at intersections to the satisfaction of the City Engineer. EN34. Prior to building occupancy, the applicant shall provide and install street name signs to the satisfaction of the City Engineer. SEWER REQUIREMENTS EN35. Prior to final map approval, the applicant shall dedicate the easement, and sewer plans shall be approved by the City Engineer and bonded. EN36. Prior to building occupancy, the applicant shall install main line sewers with a separate lateral to serve each building. Master Case 03-347— Conditions of Approval Page 17 of 24 EN37. The applicant shall show the distance from all sewage disposal components to the proposed lot/parcel lines on plans. If any such sewage disposal component is not on the same lot/parcel as the building it serves, or if it does not meet the horizontal clearance requirement of the Plumbing Code, requirements shall be met prior to division of land. EN38. Prior to final map approval, if applicable, the applicant shall send a print of the land division map to the County Sanitation District with the request for annexation in writing. EN39. Prior to final map approval, the applicant shall pay sewer reimbursement charges as determined by the City Engineer or the County of Los Angeles. EN40. The discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. The deposit is required upon submittal of final map and easement documents. EN41. Prior to sewer plan approval or final map approval, whichever comes first, the applicant shall provide a sewer area study for approval by the City Engineer. The area study must analyze the proposed site, contributory area, and all existing development contributing to the City sewer from the proposed site to the Sanitation trunk line connection. GRADING, DRAINAGE & GEOLOGY EN42. The applicant shall construct drainage improvements and offer easements needed for street drainage or slopes. Such easements shall be dedicated on the final map. Off-site easements shall be dedicated by a separate document prior to final map approval. EN43. Prior to final map approval, the applicant shall submit a grading plan consistent with the approval for the entire site, which must be approved by the City. EN44. 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. EN45. The applicant shall eliminate all geologic hazards associated with this proposed development, or delineate restricted use areas on the final map as approved by the consultant geologist to the satisfaction of the City Engineer. EN46. The applicant shall dedicate to the City the right to prohibit the erection of buildings and other structures within all restricted use areas on the final map. EN47. Prior to grading plan approval, if applicable, the applicant shall comply with all State requirements for construction within a special studies zone. A geology report must be submitted and approved. Copies of the report must be sent to the State geologist. Master Case 03-347— Conditions of Approval Page 18 of 24 EN48. Prior to grading plan approval, specific recommendations will be required from the consultant(s) regarding the suitability for development of all lots/parcels designed as ungraded site lots. The applicant shall file a report with the State Real Estate Commissioner indicating that additional geologic and/or soils studies may be required for ungraded site lots/parcels by the Soils and Geology Section. EN49. The project applicant and the subsequent property owner 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. EN50. The applicant shall obtain a written approval of Los Angeles County right-of-way clearance for all easements needed for future Los Angeles County Flood Control District storm drain maintenance prior to storm drain plan approval. EN51. Prior to final map approval, the applicant shall submit drainage plans and necessary support documents to comply with Engineering requirements to the satisfaction of the City Engineer. EN52. The applicant shall record an instrument or indicate by note on the final map that the lot owners in said subdivision shall not interfere with the established drainage of said subdivision. The note shall state that each owner of a lot in said subdivision shall not erect concrete block wall or similar solid constructions except as approved by the City Engineer. EN53. The applicant shall establish an Operating and Easement Agreement (OEA) or similar entity to ensure the continued maintenance of any drainage improvements that are not eligible to transfer to Los Angeles County Flood Control District for maintenance prior to final map approval or building permit if no map is involved. EN54. Post -development drainage from the site shall not be increased from the pre -development plans. This shall be demonstrated with a drainage study considering clean flows only. Any increase shall be mitigated. The study and mitigation shall be approved prior to final map or grading plan approval, whichever comes first. EN55. Prior to final map approval, the applicant shall provide for contributory drainage from adjoining properties and return drainage to its natural conditions and secure off-site drainage acceptance letters from affected property owners. EN56. Specific drainage requirements for the site will be established at building permit application. Master Case 03-347— Conditions of Approval Page 19 of 24 EN57. Prior to final map approval, the applicant shall adjust lot/parcel lines near the top of the slopes along drainage terraces, or at similar locations acceptable for establishment of slope maintenance responsibilities to the satisfaction of the City Engineer. EN58. Prior to final map approval, the applicant shall adjust, relocate, and/or eliminate lot lines, lots, streets, easements, grading, geotechnical protective devices, and/or physical improvements to comply with ordinances, policies, and standards in effect at the date the City determined the application to be complete, all to the satisfaction of the City Engineer. EN59. If applicable, prior to final map approval, the applicant shall acquire permits from the Army Corps of Engineers and the California Department of Fish & Game prior to issuance of grading permits or the commencement of any work within any natural drainage course. FEES AND MISCELLANEOUS EN60. Prior to issuance of the first building permit on the northern commercial pad and prior to issuance of the first building permit on the southern commercial pad, the applicant shall pay the applicable Bridge and Thoroughfare Benefit District Fee to implement the Circulation Element of the General Plan as a means of mitigating the traffic impact of _ this subdivision to the satisfaction of the City Engineer. 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. The B&T fee shall be paid first at the times stated above and will be reimbursed upon completion and acceptance of such off-site improvements. Factors for development units are as follows: Development Units Factors Single -Family Per Unit 1.0 Townhouse Per Unit 0.8 Apartment Per Unit 0.7 Commercial Per Unit 5.0 Industry Per Unit 3.0 The project is in the: [ ] Bouquet Canyon Bridge and Thoroughfare District [X] Eastside Bridge and Thoroughfare District [ ] Via Princessa Bridge and Thoroughfare District [ ] Valencia Bridge and Thoroughfare District B&T fee is subject to change. The fee rate is based on the rate at the time of payment. Master Case 03-347— Conditions of Approval Page 20 of 24 EN61. Prior to final map approval, the area included within the project shall be annexed to an existing streetlight maintenance district, or form a new district to finance the cost of annual maintenance of the streetlights. EN62. The applicant shall acquire National Pollutant Discharge Elimination Systems permits if applicable. EN63. All construction plans and activities must be in compliance with the provisions of the storm water permit and associated Standard Urban Stonnwater Mitigation Plan (SUSMP), including all applicable best management practices, both permanent and construction -related. The permanent best management practices shall be in place prior to acceptance of the associated improvements. Construction -related best management practices shall be on the SUSMP plan and shall be in place during all phases of the construction. Standard Roadway Design Criteria - All intersections shall be designed with a tangent section from "beginning of curb return" (BCR) to BCR. - Driveways shall not be constructed driveways within 25 feet upstream of any catch basins when street grades exceed 6 percent. - All vertical alignments of roadway shall be in accordance with Caltrans' criteria. - The following minimum horizontal alignment shall be provided: 34 Feet Pavement Roadway: 100 feet 36 Feet Pavement Roadway: 250 feet 40 Feet Pavement Roadway: 350 feet Major Highway: 1,500 feet Second/Industrial Collector: 1,000 feet Industrial Cul-de-sac: - All intersections of local streets with General Plan Highways shall provide sight distance per current Caltrans' sight distance criteria from the local street. - All aboveground utilities shall be placed outside sidewalks, or provide a minimum of five feet clear path of travel along sidewalks. Dedication and/or grading may be required. - The minimum centerline radius on a local street with an intersecting street on the concave side to comply with design speeds per the current Caltrans' sight distance criteria. - Whenever the centerline of the existing pavement does not coincide with the record centerline, a new centerline shall be provided to the satisfaction of the City Engineer. - Off -set intersections shall not be 200 feet from each other. A one -foot jog may be used where a street right-of-way changes from 58 to 60 feet. - The centerline curve radii shall not be less than 100 feet for local streets. Reversing curves need not exceed a radius of 1,500 feet and any curve need not exceed a radius of 3,000 feet. The length of curve outside of the BCR is used to satisfy the 100 -foot minimum requirement. Master Case 03-347— Conditions of Approval Page 21 of 24 —. - Compound curves are preferred over broken -back curves and broken -back curves shall be separated by a minimum of 200 feet tangent (1,000 feet for multi -lane highways). - The central angles of the right-of-way radius returns shall not differ by more than 10 degrees on local streets. - The standard property line return radii at all local street intersections is 13 feet, including intersections of local streets with General Plan Highways, and 25 feet where all General Plan highways intersect. - A slough wall is required outside the street right-of-way when the height of slope is greater than 5 feet above the sidewalk and the sidewalk is adjacent to the street right-of-way. - The maximum street grades are 10 percent for residential streets and 6 percent for non-residential streets. - Commercial driveways shall be constructed using the APWA Standard Intersection Design No. 110-1 Type A for residential and Type C for commercial driveway. Applicant shall obtain approval from the City Engineer for the location of all driveways. TRAFFIC ENGINEERING TEL Adequate sight visibility shall be maintained at all driveways and shall follow the latest Caltrans manual for applicable requirements. This shall be shown on all applicable plans prior to issuance of first building permit. TE2. Each driveway shall intersect with the adjacent roadway at 90 degrees or as close to 90 degrees as topography permits (no less than 80 degrees). This shall be shown on all applicable plans prior to issuance of first building permit. TE3. Minimum width of all interior drive aisles shall be 26 feet and shall be shown on all applicable plans prior to issuance of the first building permit. TE4. No access will be permitted within curb return. This shall be included as a note on all applicable plans. TE5. The site shall be designed to adequately accommodate all vehicles (e.g. automobiles, vans, trucks) that can be expected to access the site. This includes, but is not limited to, adequate maneuvering areas around loading zones and parking spaces, and appropriate turning radii. TE6. All unsignalized project driveways shall have a minimum stacking distance (from face of curb) of 40 feet. This shall be shown on all applicable plans prior to issuance of first building permit. TE7. All signalized project driveways shall have a minimum stacking distance (from face of curb) of 100 feet. This shall be shown on all applicable plans prior to issuance of first building permit. Master Case 03-347— Conditions of Approval Page 22 of 24 TE8. The location and operation (i.e. signalized or unsignalized) of all project driveways shall conform to the approved site plan dated January 7, 2004. This shall be shown on all applicable plans prior to issuance of first building permit. No additional driveways shall be permitted. TE9. Vehicular access at all project driveways shall conform to the approved site plan dated January 7, 2004. This shall be shown on all applicable plans prior to issuance of first building permit. TE10. Prior to issuance of the first building occupancy permit, the applicant shall install all bus turnouts along westbound Golden Valley Road as indicated on the approved site plan dated January 7, 2004. TEl 1. Prior to issuance of the first building occupancy permit, the applicant shall provide right - turn lanes into project driveways as indicated on the approved site plan dated January 7, 2004. TE12. Prior to issuance of the first building occupancy permit, all applicable roadway improvements listed in the conditions of approval for TTM 52414 shall be completed including the signalization of the following intersections: Golden Valley Road / SR 14 southbound ramps; Golden Valley Road / State Route 14 northbound ramps; Via Princessa / SR 14 southbound ramps; Via Princessa / SR 14 northbound ramps; the Via Princessa / Lost Canyon Road intersection; and the Golden Valley Road / Lost Canyon Road intersection as approved by the City Traffic Engineer. Transit Division TD 1. The current transit mitigation fee is $200 per residential unit and is not subject to commercial development. However, fee is under revision, and may be revised to apply to both residential and commercial land uses. Prior to final map recordation or the issuance of building permits, if the fee is revised to apply to commercial development, the applicant shall be required to pay the fee in place at that time. TD2. As shown on the site plan, prior to occupancy of the first building permit, the applicant shall construct turnouts and bus stops with a 10 -foot by 20 -foot concrete passenger waiting pad placed behind the sidewalk at the following locations: Westbound Golden Valley Road, near side first driveway into Lowe's Westbound Golden Valley Road, far side first driveway into Kohl's Turnouts shall be constructed to City standards. At the locations of the bus stops, the sidewalk shall meet the street for no less than 20 feet. A bus bench and trash receptacle shall be provided and approved by City staff prior to installation. Master Case 03-347— Conditions of Approval Page 23 of 24 TD3. As shown on the site plan, prior to occupancy of the first building permit, the applicant shall construct a bus stop with tum -out and a permanent, stylized shelter at the following location: Westbound Golden Valley Road, far side of Lost Canyon Road Turnout shall be constructed to City standards and the sidewalk at this location shall meet the street for no less than 20 feet. At the location of the bus stop, the applicant shall provide a permanent stylized structure (no pre -fabricated) consisting of a 10 -foot by 20 - foot concrete passenger waiting pad placed behind the sidewalk. The shelter shall consist of a bench, trash receptacle, lighting and compliment the architecture of the adjacent development. The bench and trash receptacle shall be affixed to the ground. Should an electrical box be needed for the lighting component, the box shall be screened either by location or landscaping, as allowed. Shelter design, elevations, materials, and structure shall be approved by City staff. TD4. Prior to occupancy, the applicant shall construct an in -street concrete bus pad pursuant to the current City standard and APWA 131-1. TD5. Prior to occupancy, the applicant shall provide pedestrian paths from the bus stops to the development to prevent pedestrians from inter -mingling with traffic. TD6. Prior to issuance of building permits, the applicant shall provide a site plan showing amenities within a 100 -foot radius of the bus stop. If a bus shelter is required, this plan shall also be included in the submitted bus stop shelter plans for permits. Los Angeles County Fire Department FDI. Prior to occupancy, the applicant shall provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on the map which shall be recorded. FD2. Prior to occupancy, the applicant shall demonstrate the required fire flow for public fire hydrants at this location is 5,000 gallons per minute at 20 pounds per square inch 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. FD3. Prior to occupancy, the required fire flow for private on-site hydrants is 2,500 gallons per minute at 20 pounds per square inch. Each private on-site hydrant must be capable of flowing 2,500 gallons per minute at 20 pounds per square inch with two hydrants flowing simultaneously, one of which must be the furthest from the public water source. FD4. Prior to occupancy, the applicant shall install fire hydrants as follows: Install 20 public fire hydrants. Install 30 private on-site fire hydrants. Master Case 03-347— Conditions of Approval Page 24 of 24 FDS. All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (2) hour rated firewall. FD6. Prior to occupancy, all required fire hydrants shall be installed, tested and accepted or bonded. Vehicular access must be provided and maintained serviceable throughout construction. FD7. Additional water system requirements will be required when this land is further subdivided and/or during the building permit process. FD8. All hydrants shall be installed in conformance with Title 20, County of Los Angeles Government Code and County of Los Angeles Fire Code, or appropriate City regulations. This shall include minimum six-inch diameter mains. Arrangements to meet these requirements must be made with the water purveyor serving the area. FD9. Provide a minimum unobstructed driveway width of 28 feet, clear -to -sky to be posted and red curbed "NO PARKING -FIRE LANE." FD10. If a driveway is separated by an island, provide a minimum unobstructed driveway width of 20 feet, clear -to -sky to be posted and red curbed "NO PARKING -FIRE LANE." FD11. A 32 -foot turning radius is required for each curve. FD12. Additional requirements for access and water systems may be addressed during the building plan check process. The applicant shall be required to comply with all required Los Angeles County Fire Department. S:\PBS\CURREN[\!2003\03-347\FinalConditionsofApproval.doc