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HomeMy WebLinkAbout2005-06-28 - RESOLUTIONS - MC 04-287 NEGDEC GVR (2)RESOLUTION NO. 05-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, APPROVING MASTER CASE NO. 04-287 (ZONE CHANGE 04-001, GENERAL PLAN AMENDMENT 04-002, TENTATIVE TRACT MAP 61811, CONDITIONAL USE PERMIT 04-023, HILLSIDE REVIEW 04-006) AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION TO CHANGE THE GENERAL PLAN DESIGNATION OF THE SOUTHERN PORTION OF THE 33 ACRE PROJECT SITE TO RESIDENTIAL MEDIUM HIGH (RMH) TO ALLOW FOR THE SUBDIVISION AND CONSTRUCTION OF 166 DETACHED CONDOMINIUMS LOCATED AT THE CORNER OF ROBERT C. LEE PARKWAY AND GOLDEN VALLEY ROAD IN THE CITY OF SANTA CLARITA WHEREAS, The City Council of the City of Santa Clarita (hereafter "City') does hereby make the following findings of fact: A. On July 6, 2004, an entitlement application was filed by Centex Homes (the "applicant') with the Department of Planning and Economic Development which included the following requests: an amendment to the General Plan Land Use Element Land Use Map to redesignate approximately 18.6 acres of Commercial Neighborhood (CN) land use to RMH (Residential Medium High) land use; a zone change modifying the Unified Development Code zoning designation of approximately 18.6 acres of property from CN (Commercial Neighborhood) to RMH (Residential Medium High); a Tentative Tract Map to subdivide the project site to allow for three lots with 167 detached condominium units; a Hillside Review to grade on a project site with over 10% average cross -slope and; a Conditional Use Permit because the project site has a PD (Planned Development) Overlay; B. The application was deemed complete on January 25, 2005; C. The site is located at the intersection of Golden Valley Road and Robert C. Lee Parkway, in the City of Santa Clarita. The parcel is described as Assessor Parcel Number 2836-013-134,140, 902, 903; D. The General Plan presently designates the project site as CN (Commercial Neighborhood), which provides for a cohesive and independent commercial center serving the immediate surrounding neighborhood the General Plan Land Use Element Land Use Map would be amended to re -designate the site under the RMH (Residential Medium High) General Plan designation, which corresponds to the proposed residential use; E. The surrounding land uses consist of Golden Valley High School and multi -family residences to the north, vacant land to the south, east and west of the project site; Resolution Master Case 04-287 Page 2 of 12 F. This project was reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA). The City of Santa Clarita prepared an Initial Study for the project which determined that the proposed mitigation measures will reduce the impacts associated with the project to a less than significant impact to the environment; G. The project was duly noticed in accordance with the noticing requirements for a zone change, general plan amendment, tentative tract map, hillside review, and conditional use permit on June 7, 2005; H. The Planning Commission held a duly noticed public hearing on this issue commencing on April 5, 2005, at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita; I. At the hearing described above, the Planning Commission considered staff presentations, staff reports, applicant presentations, public testimony on the proposal, and the Mitigated Negative Declaration prepared for the project and recommended the applicant include gated entries on the project site and adopted Resolution P05-13 recommending that the City Council approve Master Case 04-287 subject to the attached conditions of approval (Exhibit "X); J. At the April 5, 2005 hearing, in the recommendation of approval, the Planning Commission encouraged the applicant to add gates to the entries of the proposed lots. The appilcant revised the application and included gates to the entries. With this revision, the number of proposed units was reduced from 167 to 166. The applicant resubmitted the revised application on May 27, 2005; K. A public hearing was duly noticed for the City Council meeting of June 28, 2005, 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 L. The application was heard before the City Council on June 28, 2005, and was approved by the Council to allow for the applicant to re -designate the southern 18.6 acres of the project site (Lots 1 and 3) to Residential Medium High (RMH) and to allow for the construction of a gated 166 detached condominium residential units on a 33 acre site, located at Robert C. Lee Parkway and Golden Valley Road. WHEREAS, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby find as follows: A. An Initial Study and a Mitigated Negative Declaration for this project have been prepared incompliance with the California Environmental Quality Act (CEQA); 2 Resolution Master Case 04-287 t Page 3 of 12 B. The Initial Study has been circulated for review and comment by affected governmental agencies and the public, and all comments received, if any, have been considered. The Mitigated Negative Declaration was posted and advertised on March 7, 2005, in accordance with CEQA. The public review period was open from March 7, 2005, through April 5, 2005 and the Mitigated Negative Declaration was advertised and posted prior to the City Council hearing beginning on June 7, 2005, and ended on June 28, 2005; C. There is no substantial evidence that the project will have a significant effect on the environment. The Mitigated Negative Declaration reflects the independent judgment of the City of Santa Clarita; D. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the Planning Commission is the Master Case 04-287 project file within the Planning and Economic Development Department and is in the custody of the Director of Planning and Economic Development; and E. The City Council, based upon the findings set forth above, hereby finds that the Mitigated Negative Declaration for this project has been prepared in compliance with CEQA. WHEREAS, GENERAL PLAN AMENDMENT FINDINGS Based upon the foregoing facts and findings, the City Council hereby find as follows: A. The proposed General Plan Amendment is consistent with the objectives of this Development Code, the General Plan, and development policies of the City to amend the General Plan Land Use Map (Exhibit "B') from Commercial Neighborhood (CN) to Residential Medium High (RMH). The proposed project is consistent with the goals and policies outlined in the City of Santa Clarita General Plan. The project is consistent with Goal 6 of the Land Use Element of the General Plan. Goal 3, Policy 3.3 of the Land Use Element seeks "Encourage a mix of housing types and densities in new large scale residential development". This proposal is a large scale development that will provide detached condominiums ranging to size throughout the development. The detached condominiums proposed will increase the variety of housing types in this area of the City, as attached and age -regulated condominiums are located to the north of the project site (north on Sierra Highway), detached single family homes are located to the east of the site (directly east of Sierra Highway) and to the south of the site (Sierra Highway at Placerita Canyon) and attached apartments and condominiums are located further south of the project site (Sierra Highway at Dockweiler Drive). 3 Resolution Master Case 04-287 Page 4 of 12 WHEREAS, TENTATIVE TRACT MAP F1IMINGS. Based upon the foregoing facts and findings, the City Council hereby find as follows: A. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the Santa Clarita General Plan, this Code, and/or any specific plan: The proposed subdivision of the 33 -acre project site to allow for the construction of 166 detached condominium residences that would have a gated entry has been designed in accordance with the subdivision requirements of Title 16 of the City of Santa Clarita's Municipal Code. Further, the proposed development meets the requirements of the Unified Development Code (Title 17 of the Municipal Code) for residential development within the residential zone, such as structural setbacks, and density, including the City's Gate Ordinance. With the approval of the proposed tentative tract map and land use designation change and conditional use permit, the proposed land division will meet the requirements of the Unified Development Code, B. The site is physically suitable for the type of development: The project site is physically suited for the proposed subdivision because the project site and the surrounding properties will not be negatively impacted because the proposed use is consistent with the existing surrounding use, and the surrounding land use designation. The three pads that would be the proposed lots (1-3) have been rough graded. No substantial grading is proposed as part of the proposed residential development. The design of the gated residential development is suitable to the site because the development has been designed so no further substantial grading of the site is necessary, and the development will occur on the areas of the site that were previously graded. The design of the development includes gated entries on the project site, so no further improvements to Golden Valley Road or Robert C. Lee Parkway are necessary, with the exception of the installation of street trees on Robert C. Lee Parkway. In addition, the project site would be suitable for a residential use based on the shape of the parcel, as well as its location on a major highwayltraf c corridor in proximity to a high school and other residential and commercial uses. Therefore, the proposed project would allow for the development of the project site and provide a suitable use for the proposed project site; C. The site is physically suitable for the proposed density of development: The site is suitable for the proposed density of development because it is located in an area designated for similar residential use (RMH) and the proposed designation is substantially consistent with the allowable density and the densityproposed. Further, the proposed gated development would occur in an area previously graded under an 4 Resolution Master Case 04-287 Page 5 of 12 application to install Golden Valley Road, Robert C. Lee Parkway, and construct Golden Valley High School. The areas that would be constructed upon with this application were graded with the previous development. The grading and site preparation was analyzed with the previous application and the grading that is part of this development application would be related to fine grading, which is not considered to be substantial, therefore, the site is physically suited for the proposed development; D. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat: An initial study and mitigated negative declaration were prepared for the proposed project. The concluded that the design of the subdivision will not cause substantial environmental damage or substantially and avoidably injure fish and/or wildlife species or their habitat because no fish or fish habitat, or any wildlife habitat or wildlife corridor is present on the project site. The previous site preparation that occurred on the project site and was approved and analyzed separately which included the impact to the Primary Ridgeline that traverses the project site and runs along the Golden Valley Road alignment. Substantial grading is not necessary for the proposed development because of the previous site preparation that occurred. Because the previous construction and road alignment impacted the Primary Ridgeline, further impacts will not occur, therefore, the design of the subdivision and proposed improvements will not cause environmental damage; and E. The design of the subdivision or type of improvements are not likely to cause serious health problems: The design of the subdivision is consistent with the development that exists in the area of the project site, including Golden Valley High School and other residential development on Sierra Highway, and will not cause serious health problems because there are not any conditions on the project site that would impact health of the future residents. The proposed development, a residential detached condominium development, will not introduce hazardous materials or other harmful substances on the project site that will create health problem because the land would be used as a typical residential use. WBEREAS, CONDITIONAL USE PERMIT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby find as follows: �^ A. That the proposed location, size, design and operating characteristics of the proposed use !{ is in accordance with the purpose of this Development Code, the purpose of the zone in which the site is located, the Santa Clarita General Plan, and the development policies 5 7 Resolution Master Case 04-287 Page 6 of 12 and standards of the City, and The project site has a PD (Planned Development) Overlay. The City's Unified Development Code requires a review and approval of a conditional use permit when construction is proposed on a site with a PD Overlay. The proposed residential development is consistent with the Unified Development Code residential development standards for the RMH designation. Because the proposed residential development would occur adjacent to an existing high school and other vacant area with the RUH designation, this development would be consistent with future development in the area and compatible with the existing uses. The applicant is proposing to gate the entries to the site. The location of the gates has been reviewed and is found to be consistent with the City's Gate Ordinance. The placement of the gates has received approval from the City's Building and Engineering Department and the Los Angeles County Fire Department for location and access. B. That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent I uses, residents, buildings, structures, or natural resources, with consideration given to: ! 1. Harmony in scale, bulk, coverage, and density; and The Unified Development Code requires a conditional use permit be reviewed and approved for construction on sites that contain a PD Overlay designation and when gated entries are proposed. The applicant submitted a project that would not require further grading of the three pads that were created with the previous development of the area, and the applicant submitted a unit count that complies with the density of the site based upon the original topography of the site. >f rth the zone change and general plan amendment and approval of the conditional use permit, the project will comply with all applicable sections of the UDC. The applicant is required to receive approval of a conditional use permit because gates are proposed to be installed at the entrances to the site. The three entries to the private driveways proposed on the threelots would be gated with this review. The private driveways complies with the City's placement of the gates and width of the Gate Ordinance and the Los Angeles County Fire Department has determined all access requirements have been met. The site is surrounded by vacant land and is accessed by Robert C. Lee Parkway, which is also the primary access to Golden Valley High School. The gates will provide regulated access and parking for residents of the proposed development. 0 Resolution Master Case 04-287 Page 7 of 12 2. The availability of public facilities, services, and utilities; and The pads that will accommodate the proposed residential structures were previously prepared and graded with the previously completed construction of the adjacent high school, Robert C. Lee Parkway, and Golden Valley Road. With the installation of Golden Valley Road and Robert C. Lee Parkway, utilities were installed for the future development of the project site. With the applicants submittal of a sewer area study, installation of private recreation amenities on site, and stated in the mitigated negative declaration prepare for the project, public facilities, services and utilities are available to the project site for this proposed gated residential development. 3. The harmful effect, if any, on desirable neighborhood character; and •The proposed gated development will not have a harmful effect on neighborhood character, as the proposed development is surrounded by vacant parcels of land, with the exception of Golden Valley High School. This development will establish a residential neighborhood character in this area of Golden Valley Road, where the surrounding parcels are designated as residential land uses and are currently vacant, with the exception of the high school. The gates to be installed on the three proposed lots, at the entrances to the lots will regulate parking and access for the residents of the proposed development. 4. The generation of traffic and the capacity and physical character of surrounding streets; The proposed gated residential development will increase traffic on Robert C. Lee Parkway and Golden Valley Road (designated a Major Highway by the City's General Plan). The applicant submitted a tra, f Fc study that was accepted by the City, and the mitigation proposed in the traffic study is contained in the conditions of approval for the project. The proposed gates would be located on the project site, and would not obstruct traffic on Robert C. Lee Parkway, as adequate stacking and access would be provided on the project site, outside of the gates. Therefore, no impact to the physical capacity or character of the surrounding streets is anticipated. 5. The suitability of the site for the type and intensity of use or &Welopment which is proposed; and The site was previously graded as part of the Robert C. Lee Parkway, Golden Valley Road and Golden Valley High School construction. ,Although the project site is flat due the previous development, the applicant submitted a density that is based upon j the natural topography of the site. Though the applicant is requesting land use designation changes, the surrounding parcels adjacent to the project site are vacant 7 r Resolution Master Case 04-287 Page 8 of 12 and are also designated for residential uses. The site is adjacent to Golden Valley Road, a Major Highway, as designated in the City's General Plan. The site is suitable for this development because the proposed density complies with the density allowed by the proposed land use designation and the intensity of use and development will not impact the site or surrounding sites because most of the adjacent land is vacant, with the exception of the high school. The gated entries proposed with this development will regulate access and parking into and on the proposed residential development. 6. The harmful effect, if any, upon environmental quality and natural resources. The proposed development will create a short term increase in air and noise pollution during site preparation and construction. However, the increase is not anticipated to be substantial or long term and will only be associated with the grading of the proposed project. No natural resources are anticipated to be damaged with the project. The site was previously rough graded as part of the installation of Golden Valley Road, Golden Valley High School and Robert C. Lee Parkway. Environmental impacts were analyzed as part of that project. This proposal is to develop three sites with 166 residences with gated entries. No substantial impact to the surrounding parcels or adjacent Golden Valley High School will occur. A mitigated negative declaration that analyzed and mitigated potential impacts from the development and use of the site was prepared. This mitigated negative declaration is part of the project and will ensure any impacts from the project are less than significant. C. That the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity: The Unified Development Code permits development on sites with a PD Overlay with the approval of a conditional use permit. The proposal is to change the designation of portions of the project site from CN (Commercial Neighborhood) to RMH (Residential Medium High), create three lots and construct 166 detached condo units on 33 acres of land with gated entries.. The applicant has used the original natural topography of the project site to determine the allowable density of the project site. The application and all related entitlements were reviewed by City staff and the Los Angeles County Fire Department and was found to be in compliance with all of the applicable standards and requirements in the Unified Development Code such as density, parking and access. The development will not create a sign (cant impact and is not anticipated to impact public health, safety or welfare. P Resolution Master Case 04-287 Page 9 of 12 D. That the proposed use will comply with each of the applicable provisions of the City of Santa Clarita Unified Development Code, except for an approved variance or adjustment; With the approval of the zone change and general plan amendment and conditional use permit, the proposed residential use meets all provisions of the Unified Development Code. No variance or other adjustment is necessary with this proposal. WHEREAS, HILLSIDE REVIEW FINDINGS. Based upon the foregoing facts and findings, the City Council hereby find as follows: A. Natural topographic features and appearances shall be conserved by means of landform grading so as to blend any manufactured slopes or required drainage benches in to the natural topography: A primary ridgeline was designated on the project site by the City's Ridgeline Preservation Map. Previous grading, which included grading the project site, the installation of Golden Valley Road and Golden Valley High School substantially impacted this ridgeline. The impacts were analyzed and approved under a previous application. Although grading would occur with this application, the grading would be limited to fine grading, which would consist of removal and recompaction. Despite the previous disturbance to the ridgeline, the applicant was required to use the natural topography cross slope of the site to calculate density in compliance with the City's Hillside Preservation Ordinance density cross slope standards. The project does comply with these density standards. No further substantial grading is part of this application to develop the site with 166 detached condominium units because the site was previously prepared under a separate application. Because the ridgeline was previously impacted by a project that was analyzed and approved with another application, landform contour grading is not a requirement of this application because minimal grading would occur, and no further disturbance to the primary ridgeline would result from this project; and B. Significant, natural, topographic prominent features shall be retained to the maximum extent possible: There is a designated primary ridgeline that terminates on the project site. This ridge is no longer in its natural state, as it was previously impacted with the rough grading of the project site, construction of Golden Valley High School and installation of Golden Valley Road. The proposed project will not further impact the ridgeline, after development of the project site. The existing landform that exists on the site has been graded previously. Based on the previous impacts to this landform, the grading associated with the proposed project will not create any substantial further impact, beyond what site preparation and construction previously occurred on the project site, and Resolution Master Case 04-287 Page 10 of 12 C. Clustered sites and buildings shall be utilized where such techniques can be demonstrated to substantially reduce grading alterations of the terrain and to contribute to the preservation of trees, other natural vegetation and prominent landmark features and are compatible with existing neighborhoods: No clustering is proposed with the proposed project. However, the proposed residences would be constructed on the flat portions project site, which were originally created by the previous high school and road construction. Because the site was previously rough graded, this application for residential development would be limited to fine grading to prepare the existing pads for construction; and D. Building setbacks, building heights and compatible structures and building forms that would serve to blend buildings and structures with the terrain shall be utilized: The proposed project meets the setback requirements from all property lines and between structures. The applicant is proposing substantial landscaping along the project frontage on Golden Valley Road, including a landscaped berm to reduce the height of the exposed portion of the mitigation sound wall on Lot 3, which will soften the view of the proposed development from the public view. The proposal includes three architectural styles that are compatible, though have distinct details such as color, wrought iron, shutters and gable siding that is specific to the individual design. The proposed design of the structures will help to break up the massing of the proposed buildings; and E. Plant materials shall be conserved and introduced so as to protect slopes from slippage and soil erosion and to minimize visual effects of grading and construction on hillside areas, including the consideration of the preservation of prominent trees and, to the extent possible, reduce the maintenance const to public and private property owners: The slopes that surround the three project areas were created with the construction of Golden Valley Road and Golden Valley High School. As part of the grading requirements, the application was required to hydro -seed the slopes created with this construction that surround the three existing pads (Lots 1, 2, 3). The seed species used are appropriate for the Santa Clarita climate. The slopes were hydro -seeded two years prior to the date of this resolution. At this time, the slopes are thriving, therefore, the slopes will not have to be disturbed as part of this application. The applicant will plant a mix of deciduous and evergreen plantings within the proposed residential development and along the entry ways to the three lots, including in the recreational areas on site. The preliminary landscape plans for this proposal have been approved. Prior to approval of building permit, the final landscape and irrigation plans will be approved. An HOA (home owners association) will be formed to maintain all common areas on the project 10 Resolution Master Case 04-287 Page 11 of 12 site, including all of the hillside areas; and F. Curvilinear street design and improvements that serve to minimize grading alterations and emulate the natural contours and character of the hillside shall be utilized: The applicant is proposing to utilize the flat existing pad areas previously created with the construction of Golden Valley Road and Golden Valley High School. Therefore, with this proposed development, fine grading is necessary for site preparation and construction. No further extensive grading is necessary or grading that will alter the existing slopes with the proposed development; and G. Grading designs that serve to avoid disruption to adjacent property shall be utilized: The applicant is proposing to utilize and construct upon the existing pads that were created under a separate permit. No off site grading is proposed with this application and minimal grading is necessary for site preparation for this development. The existing manufactured slopes were previously created under a separate permit and hydro -seeded for stability. These slopes will not be disturbed with the grading and site preparation that is associated with this application; and H. Site design and grading that provide the minimum disruption of view corridors and scenic vistas from and around any proposed development shall be utilized: There are no existing view corridors or scenic vistas that are being disturbed by the proposed project. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Based upon the testimony and other evidence, if any, received at the public hearing, and upon studies and investigations made by the City Council and on its behalf, the Council further finds and determines that this proposal is consistent with the City's General Plan, as amended, including the land use designation for the project site of Residential Medium High. SECTION 2. The City Council does hereby approve the following entitlements requested under Master Case 04287; General Plan Amendment 04-002 (Amending the Land Use Map, referenced as Exhibit B, on file in the Planning Division), Tentative Tract Map 61811, Conditional Use Permit 04023, and Hillside Review 04-006 subject to the conditions of approval as referenced herein as Exhibit A. 11 Resolution Master Case 04-287 Page 12 of 12 SECTION 3. "This resolution will take effect upon the adjournment of the City Council's June 28th City Council meeting. The change to the City's General Plan contemplated herein will take effect upon adjournment of the June 28, 2005 City Council meeting simultaneously with any other changes to the General Plan approved by the City Council at that same meeting so that for purposes of Government Code section 65358, all such changes shall constitute one amendment to the General Plan. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. IN Resolution Master Case 04-287 Page 13 of 12 PASSED, APPROVED AND ADOPTED this 28th day of June, 2005. ATTEST:.'`"- CITYExEK= STATE OiCALiFORNIA ) COUNTY OF LOS ANGELES ) as CITY OF SANTA CLARITA I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was introduced and passed at a regular meeting of the City Council held on the 28th day of June, 2005, by the following vote to wit: AYES: COMMISSIONERS: McLean, Weste, Kellar, Ferry, Smyth NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 13 CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION 1, 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. 05-81, adopted by the City Council of the City of Santa Clarita, California on June 28, 2005, 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 Resolution EXHIBIT A MASTER CASE 04-287 ZONE CHANGE 04-0019 GENERAL PLAN AMENDMENT 04-002, TENTATIVE TRACT MAP 61811, CONDITIONAL USE PERMIT 04-023, HILLSIDE REVIEW 04-006 Final Conditions of Approval General Conditions Gl. The approval of this project shall expire if the Map is not recorded within two (2) years from the date of conditional approval, unless it is extended in accordance with the terms and provisions of the City of Santa Clarita's Unified Development Code (UDC). G2. The applicant may file for a single one year extension of the conditionally approved map prior to the date of expiration. If such an extension is requested, it must be filed no later than sixty (60) days prior to expiration. G3. The applicant shall be responsible for notifying the Director of Planning and Economic Development, in writing, of any change in ownership, designation of a new engineer, or change in the status of the developer, within thirty (30) days of said change. G4. Unless otherwise apparent from the context, the term "applicant" shall include the r applicant and any other persons, corporation, or other entity making use of this grant. The [ applicant shall defend, indemnify, and hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attach, set aside, void, or annul the approval of this Project by the City, which action is provided for in Government Code Section 66499.37. In the event the City becomes aware of any such claim, action, or proceeding, the City shall promptly notify the applicant, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing contained in this Condition prohibits the City from participating in the defense of any claim, action, or proceeding, if both of the following occur: 1) The City bears its own attorneys' fees and costs; and 2) the City defends the action in good faith. The applicant shall not be required to pay or perform any settlement unless the settlement is approved by the applicant. G5. The property shall be developed and maintained in substantial conformance with the approvals granted by the City. Any modifications shall be subject to further review by the City. G6. The applicant and property owner shall comply with all inspection requirements as deemed necessary by the City of Santa Clarita. G7. The owner, at the time of issuance of permits or other grants of approval agrees to develop the property in accordance with City codes and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Code, Highway Permit Ordinance, Mechanical Code, Unified Development Code, Undergrounding of Utilities Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Ordinance and Fire Code. Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 2 of 23 G8. The applicant must sign and notarize the attached affidavit to confirm acceptance of the conditions of this grant. The notarized affidavit must then be returned to the Planning Division before approval is granted. G9. The applicant is responsible for the underground placement of utilities for future development of the subject properties and repair of all damages to public improvements in the public right-of-way resulting from construction -related activities, including, but not limited to, the movement and/or delivery of equipment, materials, and soils to and/or from the site. G10. 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 proceeding to revoke this approval. Planning Division PLL All Final Maps shall be in substantial conformance with the tentative parcel map, landscape plan, and architectural elevations approved by the City Council on June 28, 2005. PL2. This project shall be in conformance with the conditions of approval and all mitigation measures as stated in the Mitigation Monitoring and Reporting Program for Master Case No. 04- 287. PLI This approval shall not supersede the approval of any other affected agencies requirements. PLA. The applicant and property owner shall comply with all inspection requirements as deemed necessary by the City of Santa Clarita. PL5. It is hereby declared and made a condition of this permit that if any condition hereof is violated, or if any law, statue, or ordinance is violated, the City may commence proceedings to revoke this approval. PL6. All requirements of the Unified Development Code (UDC) and of the specific zoning RMH (Residential Medium High) of the subject property must be complied with unless set forth in the permit and/or shown on the tentative map. PL7. The applicant shall comply with all applicable Building and Engineering Department requirements. PL8. The applicant shall comply with all applicable regulations and fees of affected agencies at the building permit stage, including Los Angeles County Fire Department and Library fees. Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 t Page 3 of 23 PL10. No roof -mounted equipment is permitted to be installed on residential structures. All ground -mounted equipment including air conditioning units, back flow devices, transformer boxes, mechanical equipment, etc shall be screened using landscape materials such as bushes and trees. Ground cover such as mulch and turfgrass is not acceptable as a screening device. Site Design PL9. The applicant shall be aware that the guest parking requirements in the City's UDC require one standard -sized (9' x 18') parking space be provided for every two units. Where 164 units are proposed, the applicant shall provide a minimum of 82 guest parking spaces throughout the project site (evenly dispersed between the three lots). This has been shown on the map. Parking at the end of a cul-de-sac or private driveway is not be permitted. PL10. All residential units must contain a garage for two vehicles with a minimum dimension of 20' by 20' interior floor to roof. Please be aware that this area cannot be obstructed with pipes, equipment or walls. PLII. The applicant shall comply with residential setback requirements for the proposed residences as specified in the City's Unified Development Code (5' structural setback from the private drive and, 10' between homes) with the standard lot configuration notes on the map. It is ! recommended that the CC&R's contain language regarding patio structures and compliance with t setbacks. These setbacks shall apply to patio structures. PL12. The required front and street side yards shall be landscaped. All plant material shall be irrigated by automatic sprinklers or drip irrigation systems. Patios, seating areas, parking and circulation spaces can be included in the setback areas to help buffer adjoining parcels from one another. PL13. Required parking spaces shall not be permitted in the required front setback. PL14. Masonry walls, six feet in height, from the highest finished grade, shall be required on the rear and side property lines. Block walls shall be included in along roadways, as deemed necessary as mitigation in the Noise Study included as part of the initial study and Mitigated Negative Declaration completed for this project. The slope area along Golden Valley Road and adjacent to the six (6) foot exposed mitigation noise barriers shall be planted to the satisfaction of the Director of Planning and Economic Development. PL15. A minimum of two hundred (200) square feet of open area per ground floor unit shall be provided and a minimum of one hundred fifty square feet (150) of open space for units contained wholly on the second story or above shall be provided. Land required for setbacks or occupied by buildings, streets, driveways, or parking spaces may not be counted in satisfying this open Resolution, Exiubit A Final Conditions of Approval Master Case 04-287 Page 4 of 23 space requirement; however, land occupied by any recreational buildings and structures may be counted as required open space. PL16. The following recreation facilities shall be provided at a minimum; • Landscaped park like quiet area; • Children's play area; • Family picnic area; • Swimming pool with cabana or patio cover. PL17. Recreational vehicle parking areas shall be provided, fully screened from public view, or the development shall prohibit all parking of recreational vehicles. PL18. The applicant is required to install landscape and irrigation in compliance with the approved plans, consistent with both the City's UDC and the Los Angeles County Fire Department Fuel Modification Unit requirements. Drought tolerant species with low maintenance requirements shall be utilized, where possible. Irrigation shall be on automatic systems. Landscaping and irrigation plans shall be prepared by a California Licensed Landscape r Architect. I` PL19. Retaining walls in the back of the pad on a lot shall be a maximum of eight feet in height. Retaining walls in the side yard of a lot shall be a maximum of six feet in height. If greater height is desired, two, four -foot walls may be used with planters in between the walls to soften the effect within a minimum horizontal spacing of three feet. Retaining and/or garden walls and fences or combination there of, shall be a maximum of 42" within all required front and street side yards on corner lots. PL20. Structures throughout the project shall be limited to a maximum of 35' in height or two stories. Any future proposal(s) for a building exceeding 35' in height or two stories shall be subject to the approval of a conditional use permit. Grading & Landscaping PL23. The overall slope, height or grade of any cut or fill slope shall be developed to appear similar to the existing natural contours in scale with the natural terrain of the subject site. PL24. Where any cut or fill slope exceeds 10 feet in horizontal length, the horizontal contours of the slope shall be developed to appear similar to the existing natural contours unless modified by the City Council. PL25. Grading shall be phased so that prompt re -vegetation or construction will control erosion. Where possible, only those areas that will be immediately developed, resurfaced; or landscaped shall be disturbed. Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 5 of 23 PL26. No excavation or other earth disturbance shall be permitted on any hillside area prior to the issuance of a grading permit, with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. These trenches are to be properly backfilled and, in addition, erosion treatment shall be provided where slopes exceed 20 percent. PL27. Disclosure information identifying transition lot data shall be recorded within the title report(s) for affected properties. A property whose grading plan identifies a cut and fill daylight line that travels through the building pad area, and properties where a transition lot has been over -excavated to relocate a cut and fill daylight line, are both considered "affected properties." The data to be recorded shall consist of text identifying the parcel as a transition lot, and a map identifying the location of the existing cut and fill daylight line, or the prior location and relocated cut and fill daylight line, whichever is appropriate. PL28. Landscape coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation. Plant material shall be selected according to compatible climatic, soil and ecological characteristics of the region. A City -approved irrigation system shall be utilized for plant establishment, but plant materials that require excessive water after becoming established shall be avoided. Native plant materials or compatible, non-native plant materials shall be selected. PL29. Prior to issuance of grading permit, the applicant shall provide final landscape, light, and irrigation plans for the review and approval of the Planning Division. These plans shall be consistent with the approved preliminary plans and be prepared by a licensed landscape architect. PL30. Slope planting and irrigation plans may be separate from the residential area plans. PL31. The plant palette shall not include any plants listed as invasive exotic pest plants by the California Invasive Plant Council. PL32. Slope plant materials shall emphasize those native to the Santa Clarita Valley region and shall be compatible with the existing hydroseeded species. PL33. Trees visible from the property's public street frontage shall be a minimum 24" box size, and shall include a proportionate number of 36", 48", and 60" box -size specimens. PL34. The applicant shall landscape graded slopes unless slopes are already stable resulting from prior hydroseed application with the installation of Golden Valley Road (such as the frontage of "Site A" that abuts Golden Valley Road). Where new planting is required, plant materials shall include one (1) tree per 150 square feet of slope area and one (1) shrub per 100 square feet of slope area. Where fuel modification requirements reduce the total number of trees, proportionate increases in tree specimen size will be required throughout the project site. Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 6 of 23 PL35. The applicant shall apply jute netting five feet (5') high and higher in vertical elevation and elsewhere where needed for erosion control. PL36. The applicant shall place water -conserving mulching material on all exposed soil in planting areas not covered by turfgrass. Mulching material may include, and is not limited to, shredded bark, river rock, crushed rock, pea gravel, etc., and must be al least three (3) inches deep. PL37. Prior to occupancy, the applicant shall install all proposed irrigation and landscaping, including irrigation controllers, staking, mulching, etc., to the satisfaction of the Planning Division. The Director of Planning and Economic Development may impose inspection fees for more than one landscape inspection. PL38. The applicant shall be required to include cross sections of the proposed private driveways, Golden Valley Road and Robert C. Lee Parkway. Where not currently installed, the applicant shall be required to install landscaped parkways, as depicted by UDC Section 17.15.020.A.5, and as shown in the street cross sections. Architecture PL39. As depicted on the approved elevations for the proposed residences, all elevations visible from a public right of way shall be articulated i.e. comer lots or lots with large setbacks along view corridors. The following items have been incorporated on the approved plans: • Enhanced articulation includes incorporating roof and wall projections and variations in form, color and texture that break up large flat wall planes. • The massing, detailing, and materials used on the front fagade are integrated onto the side and rear elevations, particularly for the homes that are visible from the surrounding roads. • Surface articulation such as window grids and shutters are not a substitute for three- dimensional architecture. • Architectural details such as bay or recessed windows and variation in roof lines is included. • The mix of materials, finishes, textures, and landscaping adds aesthetic appeal. Engineering Division ENI. At issuance of permits or other grants of approval, the applicant 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. Prior to issuance of permits, the applicant shall file with the County Recorder a map prepared by or under the direction of a registered civil engineer or licensed land surveyor in the Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 7 of 23 State of California, and has been reviewed and approved the City Engineer. 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 or issuance of any permits, the applicant shall file with the County Recorder, a Certificate of Compliance for Lot Line Adjustment encompassing all parcels within the boundaries of this project. Prior to being filed with the County Recorder, the Lot Line Adjustment shall be reviewed and approved the City Engineer. EN4. Prior to final map approval, the applicant shall label driveways as "Private Driveway and Fire Lane" on the map, as directed by the City Engineer. EN5. Prior to final map approval, the applicant shall quitclaim or relocate easements running through proposed structures, as directed by the City Engineer. EN6. Prior to final map approval, the applicant must inform the City if he intends to file multiple final maps. The boundaries and phasing plan of these maps shall be designed, as directed by the City Engineer and the Director of Planning and Economic Development. EN7. Prior to final map approval, the applicant shall show that portion which is not divided for the purpose of sale, lease, or financing as a "Designated Remainder" on the map. EN8. At map check submittal, the applicant shall provide a preliminary subdivision map guarantee. A final subdivision map guarantee is required prior to final map approval. EN9. Prior to final map approval, the applicant shall obtain approval of the City Engineer and the City Attorney for Covenants, Conditions, and Restrictions (CC&R's) for this development. EN10. The applicant shall reimburse the City for the City Attorney's review and approval fee. The CC&R's shall include a disclosure to comply with the Geologist's recommendations in the Geology Report for restrictions on watering, irrigation, and planting, and recommend types of plants. 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. Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 8 of 23 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. 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." 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. It. The applicant shall not sell any lot/paroel/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. Failure by the applicant to notify the City as required by "b." hereinabove, or simultaneously submit the required and approved documents specified in "e." hereinabove, or make the deposits specified in "£" 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. Resolution, Exhibit A r Final Conditions of Approval G Master Case 04-287 Page 9 of 23 EN12. Prior to final map approval, the applicant is tentatively required to grant easements on the final map, subject to review by the City Engineer to determine the final locations and requirements. Condominium/Lease Requirements EN13. Prior to final map approval, the applicant shall submit a notarized affidavit to the CityEngineer, signed by all owners of record at the time of filing of the map with the City, stating that any proposed condominium building has not been constructed or that all buildings have not been occupied or rented and that said building will not be occupied or rented until after the filing of the map with the County Recorder. EN14. Prior to final map approval, the applicant shall place standard condominium/residential planned development notes on the final map, as directed by the Planning and Building Services Department. EN15. Prior to final map approval, the applicant shall dedicate to the City the right to prohibit the erection of building(s) and other structures within open space/common lots. Grading, Drainage & Geology Requirements EN16. Prior to issuance of grading permits, the applicant shall submit a grading plan consistent with the approved tentative map, oak tree report and conditions of approval. The grading plan shall be based on a detailed engineering geotechnical report specifically approved by the geologist and/or soils engineer that addresses all submitted recommendations. EN17. Prior to final map approval, the applicant shall dedicate all required easements on the final map; and prior to occupancy, construct required drainage improvements. EN18. Prior to issuance of building permits, 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, as directed by the City Engineer. EN19. Prior to final map approval, 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. EN20. Prior to storm drain plan approval, the applicant shall obtain written approval from the Los Angeles County Flood Control District of all easements needed for future maintenance by the District. EN21. Prior to final map approval, the applicant shall submit drainage plans and necessary support documents to comply with The Department of Building and Engineering requirements, t as directed by the City's Director of Building and Engineering. l EN22. Prior to the City's release of any bond monies posted for the construction of stone drain infrastructure, the applicant or subsequent property owners shall be responsible for providing all Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 10 of 23 required materials and documentation to complete the storm drain transfer process from the City of Santa Clarita to the Los Angeles County Flood Control District. The applicant or subsequent property owners shall also be responsible for providing regularly scheduled maintenance of the storm drain infrastructure, as directed by the City Engineer, until such time that full maintenance is assumed by the Flood Control District. EN23. Prior to final map approval, the applicant shall indicate by note on the map, prohibiting the lot owners within this development from interfering with the established drainage and from erecting concrete block walls or similar solid constructions, except as approved by the City Engineer. EN24. Prior to final map approval, the applicant shall show on the map all Los Angeles County Flood Control District right-of-ways. A permit will be required for any construction affecting the right-of-way or facilities. EN25. Prior to final map approval, the applicant shall establish a Home Owners' Association, or similar entity, to ensure the continued maintenance of any drainage improvements that are not eligible for transfer to the Los Angeles County Flood Control District for maintenance. EN26. Prior to final map approval or grading plan approval, the applicant shall have approved by the City Engineer, a drainage study demonstrating that post -development flows from the site will not be increased from pre -development flows, or mitigate for the increase. EN27. Prior to issuance of building permits, the applicant shall construct all grading and drainage facilities within the project site. EN28. 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. EN29. Specific drainage requirements for the site will be established at building permit application. EN30. Prior to final map approval, the applicant shall adjust lot/parcel lines near the top of slopes or at similar locations acceptable for establishment of slope maintenance responsibilities, as directed by the City Engineer. EN31. Prior to issuance of building permits and after final map recordation, the applicant may be required to file with the County Recorder an amending map prepared by or under the direction of a registered civil engineer or licensed land surveyor in the State of California, that has been reviewed and approved the City Engineer, to adjust lot/parcel lines near the top of slopes or at similar locations acceptable for establishment of slope maintenance responsibilities. Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 11 of 23 EN32. 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, as directed by the City Engineer. EN33. Prior to issuance of grading permits or the commencement of any work within any natural drainage course, the applicant shall acquire permits from the Army Corps of Engineers and the California Department of Fish and Game. Street Improvement Requirements EN34. All streets shall be designed in accordance with the City's Unified Development Code and street design criteria; construction shall be completed prior to 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. EN35. Prior to any construction (including, but not limited to, drive approaches, sidewalks, curb and gutter, etc.), trenching or grading within public or private street right-of-way, the applicant shall submit a street improvement plan consistent with the approved tentative map, oak tree report and conditions of approval and obtain encroachment permits from the Engineering Division. EN36. Prior to street plan approval, the applicant shall contact the City's Department of Field Services, Urban Forestry Division for street tree location, species, and approved method of installation and irrigation. EN37. Prior to final map approval, the applicant, by agreement with the City Engineer, may guarantee installation of the improvements through faithful performance bonds, letters of credit or any other acceptable means. Occupancy shall be withheld if the improvements are not completed. EN38. Prior to occupancy, the applicant shall construct the following required street improvements: Street NameCurb d Base& Street Gutter Pavin Li is Street Sidewalk I Trees 5'min Lendeceped Median Golden Valley Road X X X X X Robert C. Lee Pkwy. X X X X X EN39. Prior to final map approval, the applicant shall provide for sight distance along extreme slopes, curves, or at intersections, as directed by the City Engineer, and provide the sight distance easement on the final map. F Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 12 of 23 EN40. Prior to final map approval, the applicant shall provide full cul-de-sacs with dedication at the terminus of all streets within the subdivision or extend cul-de-sacs beyond the tract boundaries within the adjacent ownership, as directed by the City Engineer. EN41. Prior to final map approval, the applicant shall provide a Will Serve Letter stating that Community Antenna Television service (CATV) will be provided to this project. EN42. Prior to the final map being filed with the County Recorder, 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; unless subordinated to the proposed grant or dedication. If easements are granted after the date of tentative map approval, subordination must be executed by the easement holder prior to the filing of the final map. EN43. Prior to final map approval, the applicant shall provide letters of slope easements and drainage acceptance from adjacent property owners, as directed by the City Engineer. EN44. Prior to final map approval, the applicant shall obtain approval of the City Engineer and r' the City Attorney for a Home Owners Association Maintenance Agreement. The applicant shall kreimburse the City for the City Attorney's review and approval fee. EN45. Prior to final map approval, the applicant shall dedicate slope easements, as directed by the City Engineer. EN46. Prior to final map approval, the applicant shall dedicate the right to prohibit direct vehicular ingress and egress rights on the final map on Golden Valley Road and Robert C. Lee Parkway. EN47. 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. EN48. 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 project, as directed by the City Engineer. EN49. Prior to occupancy, the applicant is required to install distribution lines and individual service lines for Community Antenna Television service (CATV) for all new development. EN50. Prior to 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. Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 13 of 23 EN51. Prior to occupancy, the applicant shall install a sign at the end of all streets that are to be extended in the future, as directed by the City Engineer. EN52. Prior to occupancy, the applicant shall construct off-site improvements required to adequately serve this development. It is the sole responsibility of the developer to acquire the necessary right-of-way and/or easements. EN53. Prior to 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 project. EN54. Prior to occupancy, the applicant shall construct full -width sidewalk at all walk returns. EN55. Prior to occupancy, the applicant shall construct a wheelchair ramp at intersections, as directed by the City Engineer. EN56. Prior to occupancy, the applicant shall provide and install street name signs, as directed by the City Engineer. Traffic Requirements EN57. Adequate sight visibility is required at all intersections (street -street intersections or street -driveway intersections) and shall follow the latest Caltrans manual for applicable requirements. This shall be shown on all applicable plans prior to issuance of first building pen -nit. EN58. All access shall intersect with Robert C. Lee Parkway 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. EN59. The centerlines of the two southern 44' private driveways shall be aligned. EN60. Prior to issuance of the first building occupancy permit, the applicant shall post "No Parking— Fire Lane" signs along all private roads/alleys with a curb -to -curb width of less than 34 feet. This shall be shown on all applicable plans prior to issuance of first building permit. EN61. Only parallel parking shall be permitted along the 36' private driveways. EN62. The tum -around area at all proposed gates shall accommodate a design vehicle consistent with AASHTO's "large passenger vehicle" definition. The gates shall be located to provide a minimum of 80 feet stacking distance from the right-of-way along Robert C. Lee Parkway. The gate area shall be shown as a detail on all applicable plans prior to issuance of first building permit. Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 14 of 23 EN63. Six months after issuance of the first building occupancy permit, the applicant shall update the traffic -signal timing at the intersections of Golden Valley Road/Sierra Highway and Golden Valley Road/Robert C. Lee Parkway or pay an in -lieu fee of $4,000 ($2,000 per intersection). Sewer Improvement Requirements EN64. The applicant is strongly encouraged to design and construct a gravity flow only sanitary sewer system for this project. EN65. Prior to final map approval, the applicant shall relocate the proposed sewer pump station and force mains to locations outside of any fire lanes, private driveways, public easements, and/or public right-of-ways, as approved by the City Engineer. All force mains must transition to gravity flow before entering any public easements and/or right-of-ways. The proposed pump station and force mains shall be for temporary use only until such time that a gravity flow main is constructed northerly of the site within Robert Lee Parkway. EN66. Prior to final map approval, the applicant shall establish a Home Owners' Association responsible for both ownership and continued maintenance of the proposed sewer pump station and force mains until such time that these facilities are no longer needed. EN67. Prior to final map approval, the applicant shall dedicate all necessary sewer easements and the sewer plans shall be approved by the City Engineer and bonded. EN68. Prior to occupancy, the applicant shall construct main -line sewers with separate laterals to serve each lot/parcel. Main -line sewers shall have a straight alignment, and shall be located five feet from and on the northerly and easterly sides of the centerlines of streets or alleys, except on major or secondary highways where separate sewers shall be located in the roadway six feet from each curb line, per the City of Santa Clarita Municipal Code, Section 15.32.460. EN69. Prior to final map approval, the applicant shall send a print of the land division map to the County Sanitation District with the request for annexation in writing. EN70. Prior to final map approval, the applicant shall pay sewer reimbursement charges as determined by the City Engineer or the County of Los Angeles. EN71. 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. EN72. Prior to sewer plan approval, 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. Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 15 of 23 EN73. Prior to final map approval, the applicant shall pay the applicable Bridge and Thoroughfare District Fee to implement the highway element of the General Plan, as a means of mitigating the traffic impact of this project. The applicant may construct off-site improvements of equivalent value in lieu of paying the Fee, subject to approval of the City Engineer. The fee shall be paid at the times stated above and will be reimbursed upon completion and acceptance of such off-site improvements [ ] Bouquet Canyon Bridge and Thoroughfare District ($14,730) [X] Eastside Bridge and Thoroughfare District ($15,250) [ ] Valencia Bridge and Thoroughfare District ($10,930) [ ] Via Princessa Bridge and Thoroughfare District ($16,080) The fee shall be calculated as follows: Townhouse = the number of units (166), times the district rate ($15,250), times 0.8; which is equal to $2,025,200 until June 30, 2005. The fee is subject to change and is based on the rate at the time of payment. EN74. Prior to final map approval, the project shall be annexed to an existing Streetlight Maintenance District, or a new District shall be formed, to finance the cost of annual streetlight maintenance. EN75. All construction plans and activities must be in compliance with the provisions of the storm water permit and associated Standard Urban Stone water Mitigation Plan (SUSMP) as required by the National Pollution Discharge Elimination System (NPDES), including all applicable Best Management Practices (BMPs), both permanent and construction -related. The permanent BMPs shall be in place prior to acceptance of the associated improvements. Construction -related BMPs shall be on the SUSMP plan and shall be in place during all phases of the construction. Los Aneeles County Fire Department FDI. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. FD2. Fire Department. Access shall be extended to within 150 feet distance of any exterior portion of all structures. FD3. Where driveways extend further than 300 feet and are of single access design, turnarounds, suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure there integrity for Resolution, Exhibit A Final Conditions of Approval `C Master Case 04-287 Page 16 of 23 Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. FD4. Private driveways shall be indicated on the final map as "Private Driveway and Fire lane" with widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. FDS. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. FD6. This property located within the area described by the Fire Department as "Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A "Fuel Modification Plan" shall be submitted and approved prior to final map clearance. FD7. The applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. FD8. 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 map which shall be recorded. FD9. The required fire flow for public fire hydrants at this location is 1500 gallons per minute at 20 psi for duration of 2 hours, over and above the maximum daily domestic demand. One hydrant flowing simultaneously may be used to achieve the required fire flow. FD 10. The applicant is required to install eight (8) public fire hydrants and upgradelverify three public fire hydrants. FDIL All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AW WA 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. These hydrants shall be located per the map on file with the Los Angeles County Fire Department. FD12. All required fire hydrants shall be installed, tested and accepted or bonded for prior to Final Map approval. Vehicular access must be provided and maintained serviceable throughout construction. FD 13. Submit completed (Original Only) fire flow availability form to this office for review. a. Submit four (4) copies of the water plans to the Fire Department's Land Development Unit for review. FD14. Upgrade not necessary, if existing hydrants meet fire flow requirements. Resolution, Exlubit A Final Conditions of Approval Master Case 04-287 Page 17 of 23 FD15. The applicant is required to submit four copies of the water plans to the Fire Department's Land Development Unit for review. The original copy of the fire flow availability form (Forml95) shall be submitted to the Land Development Unit for review. FD14. As indicated on the map, to provide for parking on both sides of the street, provide a minimum street width of 36 feet. This is to be measured from the curb -flow -line to curb -flow - line. FD 15. As indicated on the map, a minimum driveway width of 26 feet, clear -to -sky, to be posted and red curbed "NO PARKING- FIRE LANE" shall be provided. FD16. The tum -around at the end of the street on Lot 1 and Lot 3 is required to have a 32 -foot centerline turning radius. No portion of a vehicle in the parking stalls shall impede into the street. FD17. Each gate opening shall be the same width as the driveway (either 26 feet, 24 feet or 20 feet) with all gate accessory hardware is out of the accessway when the gate is in the fully open position. FD18. As indicated on the site plans, provide a tum around with a 32 foot center line prior to entering the gate. FD 19. Gates shall comply with the Fire Department's Regulation #5. Building and Safety Division BUL All structures shall comply with the detailed requirements of the following: a. 2001 California Building, Mechanical, Electrical and Plumbing Codes, b. 2001 California energy code with AB970 Amendments to Title 24, and c. 2002 City of Santa Clarita amendments to the California codes. BU2. A complete soils and geology report will be required for the project. 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. BU3. Prior to issuance of building permits: a. Rough grading and/or recompaction (if proposed) must be completed b. A final compaction report and Rough Grading Certification shall be submitted to and approved by the Engineering Division Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 18 of 23 A copy of the final compaction report shall be reviewed by Building and Safety. BU4. All structures shall be setback from any ascending and descending slopes per Section 1806.5 of the CBC, or shall be specifically approved by the soils consultant. BUS. The property is located within 1000 feet of a natural hillside brush area and shall comply with the City Fire Hazard Zone Ordinance. BU6. Prior to issuance of building permits, additional clearances will be required from: a. William S. Hart School District and appropriate elementary school district, b. Castaic Lake Water Agency, c. County Sanitation District of Los Angeles County, d. L. A. County Environmental Services (Health Dept.), and e. L. A. Co. Environmental Programs (Industrial Waste). BU7. The common area portions of the project shall fully comply with the disabled access requirements as specified in Chapter 11B of the California Building Code. BUB. 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 calcs, etc., and a single copy of the current tax assessor's map. BU9. All on-site private sewer lines and laterals shall have a minimum 2% slope per CPC Chapter 7. BU10. Sewer laterals shall not cross lot lines. BUl 1. Show all lot lines, easements, required sideyards, restricted use areas, etc on the site plan. BU12. Prior to submitted plans to Building and Safety for construction permits, contact Deanna Hamrick, (661) 255-4935, for addresses. An application, a site plan and a floor plan will be required. BU13. The City of Santa Clarita is scanning plans for permanent storage. To facilitate that effort, please incorporate the following data/features into the plans submitted to Building and Safety for construction permits. a. The Permit Number, Sheet Title, and the Sheet Number shall be located in the lower right hand comer of each sheet of the drawing per the following example: (The sheet number total is the total in the appropriate trades. i Resolution, Exhibit A r Final Conditions of Approval j Master Case 04-287 E Page 19 of 23 PERMITA 200301459 SHEET TITLE: 2ntlFLOOR PLAN SHEET*: A-1.3 OF 27 SHEETS b. A copy of the Planning Conditions shall be incorporated into the plans as a full size sheet. C. The Truss drawings shall be incorporated into the plans as a full size sheet for approval. The standard booklet is acceptable until the plans are ready for approval. d. ICBO and other outside agency reports shall also be incorporated into the plans as a full size sheet for approval. 8-1/2" by 11' stapled to the plans will no longer be accepted for a permit. e. The Recommendation Section of the Soils Report shall be incorporated into the plans on full size sheets. Parks and Recreation PRI. Prior to the recordation of an applicable final bract/parcel map, the applicant is required to pay a park in -lieu fee to the City of Santa Clarita Parks, Recreation, and Community Services Department, equal to the amount of land established by the City of Santa Clarita Unified Development Code. PR2. The applicant is required to maintain the trail along Golden Valley Road, which is adjacent to the property prior to and during construction to keep a clean and unobstructed pathway clear of debris. The trail should at no time be used by the applicant during construction, and all areas within one foot of the trail should remain clear after construction is completed. Additional trail signage shall be provided by the applicant to notify trail users of construction. Submit plans showing trail signage and locations for review and approval of the Director of the Parks, Recreation, and Community Services Department. Environmental Services r Stormwater tk ES1. This project is a development planning priority Municipal Stormwater Permit as a development with 10 Stormwater Mitigation Plan (USMP) that incorporates project under the City's NPDES or more dwelling units. An Urban appropriate post construction best Resolution; Exhibit A Final Conditions of Approval Master Case 04-287 Page 20 of 23 management practices (BMPs) into the design of the project must be prepared and approved prior to issuance of any grading permits. Please refer to the Standard Urban Stormwater Mitigation Plan (SUSMP). 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 latent (NOI) and Stormwater Pollution Prevention Plan (SWPPP) to the City prior to obtaining a grading permit. ES3. The applicant shall be required to pay the USMP Review Fee of $1,230.00 and the SWPPP Review Fee of $470.00 to the Environmental Services Division upon formal submittal of these two documents. Solid Waste ES4. As approved by the trash hauler, all units should be designed with space provided for two 90 -gallon (minimum size) trash cans, one bin per unit used for recycling and one used for waste, and one 32 -gallon can for greenwaste. ESS. The project proponent is encouraged to recycle construction and demolition debris. Landscape Maintenance District LMDL Prior to the recordation of the final tract/parcel map, the property must be annexed into the City's Landscape Maintenance District (LMD) for the maintenance of the medians in Golden Valley Road and medians and streetscapes within the City. The property shall annex at the standard rate based on the zoning/usage of the property. LMD2. No slopes, parkways, or on site landscaping will be allowed into an LMD. Transit TRI. The transit impact fee does apply to this project. Currently the rate is $200.00 per residential unit. This fee is currently under revision. The applicant shall pay the fee in place at time of final map recordation. TR2. The applicant shall provide a stylized bench and trash receptacle at the bus stop located on Eastbound Golden Valley Road nearside Robert C. Lee Parkway. The bench and trash receptacle specifications and all appropriate paperwork for the bus stop shall be submitted to and approved by the Transit Division prior to installation. These items shall be installed prior to occupancy of the proposed residences. TR3. Applicant shall construct a pedestrian path from the bus stops to the development. F - Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 21 of 23 TR4. At the location of the bus stop; the applicant shall provide a permanent stylized structure (no pre -fabricated), that compliments the architecture of the adjacent development, and consists of a 10'x25' concrete pad placed behind the sidewalk, bench, trash receptacle, lighting (all electrical conduits shall be located within the shelter structure). TR5. All mechanical devices (including electric meter) or vault boxes shall be screened from public view either by location or with mature landscape, vines, etc (please contact the Parks Division for information). Shelter design, structure and amenities shall be approved by appropriate city staff including Transit, Planning, Building and Safety, and Engineering. Bench and trash receptacle specifications and all appropriate paperwork for the bus stop shall be supplied to the Transit Division prior to installation. TR6. The bus stop shall comply with all ADA regulations as specified in the most recent version of the California Disabled Accessibility Guidebook (CalDag). Proposed disabled access shall be drawn on all plans. TR7. A color elevations and materials board for the proposed bus shelter structure shall be supplied to Planning with project submittal. TR8. Bus stop shall be shown and labeled on the site plan. TR9. The bus stop location shall be a minimum of 100' from the curb return or as specified by city staff. TR10. Prior to occupancy of the first building, the bus stop shall be installed to the satisfaction of city staff. At the location of the bus stop, the sidewalk shall meet the street for no less than 20'. Applicant shall construct an in -street concrete pad pursuant to the current city standard and APWA 131-1. At all intersections where there are bus stops, there must be a safe, traffic controlled way to cross the street. Urban Forestry Street Trees UF1. The applicant shall install approved street trees within the Public Right of Way along Robert C. Lee Parkway. All trees planted within the public right-of-way shall be approved by the City of Santa Clarita Urban Forestry Division and shall be consistent with the Cross Valley Connector Aesthetics Master Plan and the existing street trees along Robert C. Lee Parkway Resolution, Exhibit A Final Conditions of Approval Master Case 04-287 Page 22 of 23 UF2. The applicant shall be required to install street trees within the parkways of both public and private right of ways. UF3. All trees planted within the public right-of-way shall be a minimum size 24" inch box container grown tree and shall meet or exceed the minimum requirements set forth in the California Department of Fire and Forestry Specification Guidelines for Nursery Grown Trees. UF4. The approved street tree for Robert C. Lee Parkway shall be the Chinese flame tree (Koelrueteria bipinnata). UF5. All trees planted within the public right-of-way shall be planted and staked according to the City of Santa Clarita Tree Planting and Staking Detail Sheet. UF6. All trees planted' within the public right-of-way shall be required to have lineal root barriers installed. Root barriers shall be a minimum height of 12" inches and shall not exceed 24" inches in height. Root barriers that are installed within concrete tree wells shall be installed along the edge of the concrete and consist of one solid lineal barrier for the entire tree well. UFT The applicant shall be required to install and maintain irrigation to all trees planted within the public right-of-way. All irrigation shall be approved by the Department of Planning and Economic Development and the Urban Forestry Division. UF8. Minimum spacing of all trees planted within both public and private right-of-ways shall be 30' feet on center and shall not exceed 40' feet on center. Oak Trees UF9. The applicant is strongly encouraged to incorporate native species of oak trees within the project landscape and on surrounding slopes. UF10. The applicant shall be required to contact the Urban Forestry Division for a final inspection. At this time final sign -off for verification of compliance and approval of all street trees may be issued to the applicant. Planning Commission PCI. The Planning Commission recommends the applicant revise the submittal to include gated entries at the three entries to the three lots. City Council CCL The applicant shall provide a bus shelter consistent with the City's standards and to the satisfaction of the Director of Field Services. ....... ...... Resolution, Exhibit r Final Conditions of Approval f( Master Case 04-287 Page 23 of 23 CC2. Applicant agrees to provide an in lieu fee to the City of Santa Clarita for 3 for sale affordable housing units prior to the first certificate of occupancy. These funds shall be committed to affordable housing in the City of Santa Clarita. The City of Santa Clarita shall commit this fee within 3 years of receipt of the funds, or funds shall revert back to Centex Homes. CC3. The applicant agrees to forego the 30% Quimby credit and pay full Quimby Fees as calculated at time of payment due. CC4. Prior to issuance of first building occupancy permit, the applicant shall install traffic -calming features along Robert C. Lee Parkway and/or at the intersection of Golden Valley Road and Robert C. Lee Parkway. The design and location of such features shall be approved by the Director of Building and Engineering prior to installation. At the City's discretion, the City may collect an in -lieu fee for the traffic -calming features. If so decided, the in -lieu fee shall be collected prior to issuance of first building permit. CC5. The applicant shall provide landscaping on both sides of the perimeter block walls on the project site to deter vandalism. shED/CURRENT2004/04-287/CoimciVfinalCOA.doc