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HomeMy WebLinkAbout2005-06-28 - RESOLUTIONS - MC 04-443 NEGDEC PENLON (2)RESOLUTION NO. 05-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARTTA, CALIFORNIA, APPROVING MASTER CASE NO. 04-443 (GENERAL PLAN AMENDMENT 04-007, TENTATIVE TRACT MAP 62343, DEVELOPMENT REVIEW 04-023, CONDITIONAL USE PERMIT 04029, ADJUSTMENT 05-003) AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION TO CHANGE THE GENERAL PLAN DESIGNATION OF THE SUBJECT PARCEL TO RESIDENTIAL MODERATE (RM) TO ALLOW FOR THE SUBDIVISION AND CONSTRUCTION OF 147 SINGLE-FAMILY DETACHED HOMES LOCATED AT THE INTERSECTION OF SOLEDAD CANYON ROAD AND FUTURE PENLON COURT 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 November 12, 2004, an entitlement application was filed by Soledad Canyon, ARI, LLC (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 re -designate approximately 19.53 acres of Business Park (BP) land use to RM (Residential Moderate) land use; a zone change modifying the Unified Development Code zoning designation of approximately 19.53 acres of property from BP PD (Business Park Planned Development) to RM (Residential Moderate); a Tentative Tract Map to subdivide the project site for condominium purposes; a Development Review for the construction of 226 residential units, comprised of 133 detached condominiums and 93 townhomes; and a Conditional Use Permit for a third story element and gating of the property; and b. On January 10, 2005, a revised entitlement application was filed by the applicant for a reduction in the number of units to 147 single family detached condominium units, with a request for an adjustment to reduce the interior garage space to 18'x19' and reduce the distance between buildings to 8'; and C. The application was deemed complete on March 17, 2005; and d. The site is a semicircle -shaped parcel accessed via Penlon Road. The site is southwest of the Santa Clara River and Soledad Canyon Road, bordered on the north by Metropolitan Transit Authority (MTA) railway. The parcel is described as Assessor Parcel Number 2836-002-038, 047, 2836-003-010, 017, 018 and 019; and e. The General Plan presently designates the project site as Business Park (BP), which corresponds to areas for clean industry, offices related to the industrial usage, research and development and limited retail commercial. Upon approval, the General Plan Land Use Element Land Use Map would be amended to re -designate the entire CC project site under the RM (Residential Moderate) General Plan designation, which Resolution No: 05-78 Page 2" corresponds to small groupings of attached dwellings such as duplexes, triplexes and fourplexes having ample yard and open space areas; and The surrounding land uses consist of an MTA Southern Pacific/Metrolink railway to the northeast, designated Business Park (BP); beyond the MTA railway to the northeast is Soledad Canyon Road and the Santa Clara River, which is approximately 400 feet from the site. The curving southwest perimeter of the parcel is bordered by the American Beauty single family residential development, designated Residential Suburban (RS); and 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 for the project which determined that the proposed mitigation measures will reduce the impacts associated with the project to a less than significant level; and h. The project was duly noticed in accordance with the noticing requirements for a General Plan amendment, zone change, tentative tract map, design review, conditional use permit and adjustment on April 14, 2005; and i. The Planning Commission held a duly noticed public hearing on this issue commencing on May 17, 2005 at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita; and At the hearing described above, the Planning Commission considered the staff presentation, staff report, applicant presentation, public testimony on the proposal, and the Mitigated Negative Declaration prepared for the project and adopted Resolution P05-16 recommending that the City Council approve Master Case 04-443 and deny Adjustment 05-003 for 18'x19' interior garage space, subject to the attached conditions of approval (Exhibit "A"); and k. On May 20, 2005, the applicant withdrew their request for an adjustment for the 18'x19' interior garage space; and 1. A public hearing was duly noticed for the City Council meeting of June 28, 2005 which was held at 7:00 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 M. 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 project site to Residential Moderate (RM) to allow for the construction of 147 single-family, detached, residential units located at the intersection of Soledad Canyon Road and Penlon Road. Resolution No. 05-78 Page 3 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 in compliance with the California Environmental Quality Act (CEQA); 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 April 14, 2005, in accordance with CEQA. The public review period was open from April 14, 2005 through May 17, 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 City Council is the Master Case 04-443 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 and forward a recommendation of approval to amend the General Plan Land Use Map (Exhibit "B") from Business Park (BP) to Residential Moderate (RM) because the amendment will designate the project site consistent with the surrounding residential land uses. The proposed project is consistent with the goals and policies outlined in the City of Santa Clarita General Plan. The project's proposal of single family detached condominiums is consistent with Goal 2 of the City of Santa Clarita's General Plan Land Use Element to achieve the development of a well-balanced functional mix of residential land uses and Goal 6, Policy 6.2, by providing residential development that is sensitive, compatible and complimentary to existing residential neighborhoods. The project also provides a higher density of residential in close proximity to public transportation corridors consistent with Goal 3, Policy 3.6 of the City's General Plan Land Use Element. The requested change in land use for the project site can be supported given the relocation of the railroad to the north side of Resolution No. 05-78 Page 4 the project boundary and the sites isolation from Soledad Canyon Road restricting the sites access. In addition, the project site is surrounded by residential zones with similar types of detached single family development. The proposed project will provide detached condominiums ranging in size throughout the development. The detached condominiums proposed will increase the variety of housing types in this area of the City and create a natural buffer between the existing established single family residential neighborhood and Soledad Canyon Road and the MTA Southern Pacific Metrolink railway. WHEREAS, TENTATIVE TRACT MAP FRMINGS. 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 19.53 -acre project site to allow for the construction of 147 detached condominium residences has been designed in accordance with the subdivision requirements of Title 16 of the City of Santa Clarita's Municipal Code. Further, the proposed lots meet 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. With the approval of the proposed tentative tract map and land use designation change, the proposed land division will meet the requirements of the Unified Development Code; and b. The site is physically suitable for the type of development: The project site is physically suited for the proposed subdivision because the undeveloped 19.53 acre, semicircle -shaped lot was created in the early 1990's when the MTA realigned their Southern Pacific/Metolink railway to provide more efficient service. The realigning of the railroad resulted in limited access to the site, which the MTA subsequently constructed an underpass for access to the site. This access is more suitable to support traffic related to residential development. In addition, the surrounding properties will not be negatively impacted, as the project site is primarily flat and would require minimal grading of 150,000 cubic yards of earth that will be balanced on site. The site's topography is undulating with elevations ranging from approximately 1350 feet above mean sea level (amsl) to 1400 feet amsl. The project site would be suitable for a residential use based on the shape of the parcel and the existing topography on the project site, as well as its location on a major traffic corridor in proximity to 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; and Resolution No. 05-78 Page 5 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 adjacent to an area designated for similar detached single family residential use (RS Residential Suburban) and the proposed designation is substantially consistent with the density. Further, the proposed density meets the City's subdivision design standards by proposing 147 residential units with a single means of access. In the early 1990's, the MTA realigned their Southern Pacific/Metolink railway to provide more efficient service. This realignment resulted in limited access to the site. Subsequently the MTA constructed an underpass for access to the site, which resulted in a single means of access to the site. The City's Unified Development Code, Section 16.07.020, states that "if a street or street system is restricted to a single route of access to a highway shown on the Master Plan of Arterial Highways..., the street or street system shall serve not more than 150 dwelling units..."; and 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 and concluded that the design of the subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and/or wildlife species or their habitat. The site's drainage channels contain wetland vegetation. However the project applicant met with the U.S. Army Corps of Engineers (USACE) and the California Department of Fish and Game (CDFG), which resulted in a tentative agreement with the CDFG, the lead agency, to provide for approximately 2.6 acres of mitigation property on-site and approximately 5 off- site acres to the east of the site near the Santa Clara River. The 2.6 acres of mitigation area are incorporated into and designed around the proposed subdivision and provides a green open space area and amenities such as a green buffer between the existing residential uses to the south and the project site, 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 the existing residential neighborhood to the south, 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 involves developing 147 residential units, recreational amenities, drainage/wetland features and associated infrastructure, which 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. Resolution No. 05-78 Page 6 f. The design of the subdivision or 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: There are no public access easements proposed. However, a Los Angeles County Flood Control easement does traverse the site and will be maintained with flood control requirements. WHEREAS, CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW 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 and standards of the City: The project site currently has a General Plan land use designation and zoning of BP PD. The applicant is proposing to develop the site with 147 detached single family condominium units. The City's Unified Development Code (UDC) requires a General Plan Amendment and Zone Change to develop the residential units. In addition, the UDC requires a review and approval of a Development Review Permit for the construction of permitted structures and the initiation of permitted uses. The applicant is requesting a review and approval of a Conditional Use Permit for the gating of the project site and the addition of a third story element. The review and approval of an Adjustment on the property will allow for an 8' distance between buildings. The proposed residential development is consistent with the Unified Development Code residential development standards with the review and approval of the above mentioned entitlements; and 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 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 development review permit be reviewed and approved for construction of permitted structures. Further, the UDC also requires that a conditional use permit be reviewed and approved for the addition of third story elements on buildings, as well as proposed gating of residential developments. The applicant submitted a project with requests for gating of the development and a third story element on one of the unit types proposed. The proposed project will require minimal grading of approximately 150,000 cubic yards of earth. The proposed unit count of 147 detached single family condominiums complies with the density of the site based upon the Resolution No. 05=78 Page 7' topographyof the site. The proposed third story element has a maximum height of 30' which is below the residential moderate zone maximum height standard of 35'. The scale of the proposed development in terms of height of the structures is consistent with the residential moderate zone and compatible with surrounding residential units. The proposed residential units range in size from 1,693 square feet to 2,604 square feet which is comparable to the bulk of average single family homes in the surrounding area. With the proposed zone change and proposed general plan amendment and approval of the conditional use permit and development review, the project will comply with all applicable sections of the UDC; and 2. The availability of public facilities, services, and utilities; and The project site will accommodate the proposed residential structures with new public facilities, services and utilities with the construction of new private roads within the development. These facilities, services and utilities will connect to utilities already in place adjacent to the parcel. Public facilities, services and utilities are available to the project site for this proposed residential development. 3. The harmful effect, if any, on desirable neighborhood character; and The proposed development will not have a harmful effect on neighborhood character, as the proposed development is surrounded by similar detached single family homes, with the exception of Soledad Canyon Road and the Southern Pacific/Metolink railway, which run along the northern project boundary. This development will establish a residential neighborhood character in this area of Soledad Canyon Road, where the surrounding parcels to the south are designated as residential land uses and are developed with detached single family homes. 4. The generation of traffic and the capacity and physical character of surrounding streets; and The applicant submitted a'Trip Generation Analysis" that was accepted by the City and analyzed in the Mitigated Negative Declaration and found to have no impact or less than significant impacts. The analysis shows an increase in the average daily trip ends along Soledad Canyon Road, however there are substantially less trips than the uses that were used to establish the City's master plan of highways and roadways, which assumed a business park use on the site. 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 development which is proposed; and Resolution No. 05-78 Page 8 r The site is surrounded on the south curving property line by similar detached I single family residential units. The north property line of the site is bound by the E Southern Pacific/Metrolink railway. Access to the site is limited to right in right out only onto Soledad Canyon Road passing beneath the elevated railway bridge. The access to the project site is more suitable for a residential use than a business park use. The trip generation analysis shows a lower average daily trip end for residential uses versus business park uses. The applicant submitted a density that is based upon the natural topography of the site, the single means of access and the density of adjacent residential uses. Though the applicant is requesting land use designation changes, the surrounding parcels adjacent to the project site are similar in use and are also designated for residential uses. The site has utilities that can serve the proposed development, and the site is adjacent to Soledad Canyon Road, a Major Highway, as designated in the City's General Plan. The site is suitable for this development and the intensity of use and development will not impact the site or surrounding sites. 6. The harmful effect, if any, upon environmental quality and natural resources. The proposed development will create short-term air pollutants from construction activities and long-term air pollutants from vehicle emissions and typical household emissions. Both the short-term and long-term impacts will be mitigated to less than significant. Impacts to biological resources such as riparian and wetland habitat will be less than significant with mitigation requiring a 15:1 ratio of replacement of vegetation in the designated 2.3 acres onsite and 5 acres off-site of mitigation area. The project site will have both short -terns and long- term impacts to noise; however, they will be reduced to a level less than significant with mitigation. 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 the development, with the approval of a development review, conditional use permit and adjustment, of 147 detached single family condominiums, with a third story element not to exceed 35' in height, gating of the property, a distance of 8' between buildings. The proposal is to change the designation of the project site from BP (Business Park) to RM (Residential Moderate) and change the zoning from BP PD (Business Park Planned Development) to RM (Residential Moderate) and create 25 lots and construct 147 detached condo units on 19.5 acres of land. The applicant has used the original natural topography and single means of access to determine the allowable density of the project site. The Resolution No. 05-78 Page,9 Poo application and all related entitlements were reviewed by City staff and the Los Angeles County Fire Department and were found to be in compliance with all of the applicable standards and requirements in the Unified Development Code. The proposed use is consistent with the surrounding residential land uses in terms of size, type and design of the proposed residential units. The proposed project will be operated and maintained as a typical single family residential development. Therefore, the development will not create a significant impact and is not anticipated to impact public health, safety or welfare; and 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, the proposed residential use meets all provisions of the Unified Development Code. The applicant is requesting an adjustment for an 8' distance between buildings; and WHEREAS, ADJUSTMENT FINDINGS Based upon the foregoing facts and findings, the City Council hereby find as follows: a. That, because of special circumstances applicable to the property, (size, shape, topography, location or surroundings) or the intended use of the property, the strict application of the Development Code deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification; and The project site is located on a remnant piece of property with a single means of access to Soledad Canyon Road as a result of the realignment of the Metrolink Railway. In addition the project site will incorporate 2.6 acres of mitigation area as tentatively agreed upon by the California Department of Fish and Game. These constraints provide a limited building envelope for the proposed development. The applicant is proposing a unique type of development with "six-pack" clusters of detached single family condominium units on small lots. Small lot development is supported by the goals of the City of Santa Clarita General Plan to provide a mixture of housing types. The Unified Development Code requires a distance of 10' between main structures in all residential zones. The applicant is proposing a courtyard cluster design of detached single family condominium units with a proposed distance of 8' between main structures. The proposed site and architectural design of the units were submitted to the City's architectural consultant RRM Design Group for their comments and recommendation on the design, which suggest that with the "six-pack courtyard system" the applicant pay more attention to detail and changes in wall planes to add visual appeal. The applicant has provided elevations of the proposed units that address those comments. The distance between each of the courtyard clusters is a minimum of 10', with some of the clusters separated by paseos. By Resolution No. 05-78 Page 10. allowing the adjustment, the applicant can provide paseo systems throughout the project site with large areas for of open space, recreation and mitigation opportunities. b. That granting an adjustment is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the adjustment is sought; and The applicant is proposing a style and type of development that is unique to the City's Unified Development Code because it proposes detached single family condominium units in a "six-pack" cluster design. The project site is surrounded by similar detached condominium units. The proposed project site is limited in its allowable building envelope due to the single means of access to the site and the on- site mitigation areas, which limits the property rights possessed by the adjacent residential developments. The proposed type of development allows future residents the affordability and convenience of buying a home without the cost of a typical fee lot. The applicant is proposing to change the zone for the property to Residential Moderate, which allows multi -family uses of this type. The development standards for multi -family development require a distance of 10' between main buildings. Ina typical multi -family development this standard would apply to main buildings housing multiple separate units. The project proposes detached condominium units to provide consistency with adjacent residential neighborhoods. The project provides a minimum of 10' distance between each of the clusters of homes. With the incorporation of this adjustment the applicant can provide for larger parkways along the streets, open space areas and walkways throughout the proposed development. C. That granting the adjustment will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; and The Unified Development Code requires a distance of 10' between main structures in all residential zones. The applicant is proposing a courtyard cluster design of detached single family condominium units with a request for a distance of 8' between main structures. The proposed site and architectural design of the units were submitted to the City's architectural consultant RRM Design Group for .their comments and recommendation on the design, which suggest that with the "six-pack courtyard system" the applicant pay more attention to detail and changes in wall planes to add visual appeal. The applicant has provided elevations of the proposed units that address those comments. The distance between each of the courtyard clusters is a minimum of 10', with some of the clusters separated by paseos. The proposed project plans have been reviewed by the City's Building and Safety Division as well as the County of Los Angeles Fire Department; both agencies are supportive of the requested adjustment. Resolution No. 05-78 Page I I d. That granting of this adjustment does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and The Unified Development Code allows for the Director of Planning and Economic Development and/or the Planning Commission to grant an adjustment for a maximum change of 20% of the development standard or consistent with the prevailing standard (more than 50% of the block). The applicant is requesting an 8' distance between buildings. The adjustment requests falls within the allowed 20% change from the development standard. The development standards call for a distance of 10' between main structures. Typically an adjustment is processed administratively, but because the additional entitlements requested for this project require review and approval by the Planning Commission, the adjustment also requires the review and approval by the Planning Commission. An adjustment to the distance between main structures is an opportunity available to others when the strict application of the development code results in practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the development code. e. That granting of this adjustment does not allow a use or activity which is prohibited by the zoning regulation governing the parcel of property; and The Unified Development Code allows for adjustments for a maximum change of 20% of the development standard. By granting the adjustment the applicant would be allowed to reduce the distance between buildings from 10' to 8' (20% change), which would be permitted by the zoning regulation of the parcel of property. Further, the Unified Building Code allows for a minimum of 6' distance between structures, before additional provisions would be required, such as, no openings and fire rated construction. The applicants request for an 8' distance between buildings the minimum building code requirements before additional provisions would apply. f. That granting the adjustment will not be inconsistent with the City of Santa Clarita General Plan. The proposed project with approval of the requested entitlements will be consistent with the City's Unified Development Code Development Standards. The purpose of the Development Code is to implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with the UDC. The project therefore is consistent with the City of Santa Clarita General Plan. 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 Moderate. Resolution No. 05-78 Page 12 rSECTION 2. The City Council does hereby approve the following entitlements requested under Master Case 04-443; General Plan Amendment 04-007(Amending the Land Use Map, Exhibit "B", on file in the Planning Division), Tentative Tract Map 62343, Conditional Use Permit 04-029, and Adjustment 05-003 subject to the conditions of approval as referenced herein as Exhibit "A". 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. PASSED, APPROVED AND ADOPTED this 28th day of June, 2005. ATTEST: C1Ty tIC Resolution No. 05-78 Page 13 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLAMA) 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 28th day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: Kellar, Ferry, McLean, Smyth NOES: COUNCILMEMBERS: Weste ABSENT: COUNCII1 EMBERS: None 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. 05-78, 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 EXHIBIT A GENERAL PLAN AMENDMENT 04-004, ZONE CHANGE 04-003, TENTATIVE TRACT MAP 623439 DEVELOPMENT REVIEW 04-023, CONDITIONAL USE PERMIT 04-029 AND ADJUSTMENT 05-003 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 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. Exhibit A Conditions of Approval € Master Case 04.443 t Page 2 of 24 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. G11. The applicant shall assure that no physical improvements, structures or obstructive vegetation be placed within the mitigation area at the northwest comer of the project site that would prevent vehicular access to the project site in the event of an emergency. G12. The applicant shall work with staff from the City's Building and Engineering Department and Planning and Economic Development Department, as well as County of Los Angeles Fire Department, to provide a 10' wide sidewalk on the east side of the proposed Penlon Court entrance from the north side of the underpass to the Class 1 Bike trail along Soledad Canyon Road. Final design shall be to the satisfaction of the Director of Planning and Economic Development. G13. The applicant shall work with staff to locate and construct an on site maintenance access path on the project site. This roadway shall be a minimum of 4 feet in width and constructed of decomposed granite, the design of which shall be subject to the approval of the California Department of Fish and Game and to the satisfaction of the Director of Planning and Economic Development. G14. The applicant shall dedicate, subject to approval of the California Department of Fish and Game, to the City of Santa Clarita prior to Building Permit issuance, the 5 acre off-site mitigation area in the Santa Clara river bottom. The 5 acre river bottom parcel will maintain an easement to the California Department of Fish and Game. G15. All residential units along the railway corridor shall be setback a minimum of 80' from the railroad tracks. This setback results in the loss of 3-4 units from the original proposal of 150 residential units. The ultimate approval by the City Council of the City of Santa Clarita is for the development of a maximum of 147 residential units. G16. Any slopes on the project site requiring a bench drain shall be curvilinear. Exhibit A Conditions of Approval Master Case 04-443 Page 3 of 24 G17. The applicant shall provide to the City of Santa Clarita, $250,000 (two hundred and fifty thousand dollars) in addition to the applicants required Quimby mitigation fees prior to the recordation of the final tract map, to be used as seen fit by the Director of Parks, Recreation and Community Services. Planning Division PLI. All Final Maps shall be in substantial conformance with the tentative parcel map, site plan, landscape plan, and architectural elevations approved by the Planning Commission on May 17, 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. 04-443. PL3. The applicant shall provide the units along the railway corridor with double glazed double pane windows for windows that face the corridor. All building materials shall meet Title 24 regulation to provide insulation from exterior noise sources. PL4. This approval shall not supersede the approval of any other affected agencies requirements. PL5. The applicant and property owner shall comply with all inspection requirements as deemed necessary by the City of Santa Clarita. PL6. 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. PL7. All requirements of the Unified Development Code (UDC) and of the specific zoning RM (Residential Moderate) of the subject property must be complied with unless set forth in the permit and/or shown on the tentative map. PL8. The applicant shall provide a two car garage for each residential unit. The garage spaces shall maintain an interior 20'x20' free and clear space without obstructions (i.e. washer/dryer, storage, water heater, pipes, equipment and walls). PL9. The applicant shall comply with all applicable Building and Engineering Department requirements. PL10. The applicant shall comply with all applicable regulations and fees of affected agencies at the building permit stage, including Fire Department and Library fees. Exbibit A Conditions of Approval Master Case 04443 Page 4 of 24 PL11. 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 PL12. 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. This has been shown on the map. Parking at the end of the cul-de-sac will not be permitted. PL13. The applicant shall comply with minimum multi -family residential setback requirements for the proposed project site as specified on the approved plans and in the City's Unified Development Code (20' front yard, 5' side yard, 15' rear yard). It is recommended that the CC&R's contain language regarding patio structures and compliance with setbacks. These setbacks shall apply to patio structures. PL14. The applicant shall comply with the distance between main structures as approved by the Planning Commission on May 17, 2005 with Adjustment 05-003 for a minimum of 8' between units. PL15. An 8' high block wall shall be provided along the entire length of the front/north property line. The 8' wall shall be located between the north property line and the residential units that front the railway corridor in order to provide a sufficient area to plant tall vertical screening trees and other landscaping on both sides of the wall to the satisfaction of the Director of Planning and Economic Development. PL16. 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 space requirement; however, land occupied by any recreational buildings and structures may be counted as required open space. PL17. The following recreation facilities shall be provided at a minimum: • Approximately 20,300 square foot recreational lot with a minimum • 20'x 40' swimming pool, patio, bathrooms and a flat turf area for sport recreational use. • Two tot lots of approximately 3,700 sq.ft. and 6,000 sq.ft with appropriate apparatus. 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 Exhibit A Conditions of Approval i[ Master Case 04 443 Page 5 of 24 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 Architect. PL19. Retaining walls proposed along the perimeter of the lot shall comply with the City's UDC requirements for retaining walls, Section 17.15.020(C). PL20. Structures throughout the project shall be limited to a maximum of 35' in height. 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. PL21. Air conditioners, antennas, heating, cooling and ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that they do not disturb the peace, quiet and comfort of adjacent and neighboring occupants, and shall be screened, shielded and/or sound buffered from surrounding units. PL22. The proposed walls between the units shall be no more than 6' in height as allowed by the UDC. Prohibited materials for walls and fences include fiberglass sheeting, bamboo sheeting, or other similar temporary material Grading & Landscaping PL23. Grading shall be balanced on site wherever possible. In the event that the project requires transportation of 10,000 c.y. of earth or greater, the Applicant will be required to obtain a minor use permit. PL24. Prior to issuance of grading permit(s), the applicant shall provide final landscape, lighting and irrigation plans for Planning Division review and approval. The plan must be prepared by a California -registered landscape architect who is familiar with the plant palette suitable for Santa Clarita (Sunset Western Garden Book Zone 18, minimum winter night temperatures typically 20° to 30° F; maximum summer high temperatures typically 105° F to 110° F). PL25. The landscape plan shall show a minimum of 975 trees, corresponding to a ratio of 50 trees per gross acre for 19.5 gross acres (Municipal CodeVDC § 17.15.020(9(9)) Of these 975 trees, 20% (195) shall be 24" box size or larger, 70% (683) shall be fifteen gallon size or larger and 10% (97) shall be at least five gallon size. Should this requirement become impossible or impracticable because of fuel modification requirements or Department of Fish and Game mitigation requirements, the applicant may substitute a proportionate number of appropriate size specimen trees to the satisfaction of the Director of Planning and Economic Development. Exhibit A Conditions of Approval i Master Case 04-443 i Page 6 of 24 PL26. Landscape plans shall contain all elements required by the Development Review checklist for preliminary landscape plans, and shall be materially similar to those approved by the Director of Planning and Economic Development, Planning Commission and/or City Council, and shall conform to the following: (a) Prior to the recordation of an applicable final tract/parcel map, a homeowner's association (HOA) shall be formed to have responsibility and authority for all maintenance, including but not limited to landscaping, irrigation, slopes and drainage devices. (b) The plant palette shall not include any plants listed as invasive exotic pest plants by the California Invasive Plant Council (lists available at http://groups.ucanr.orgtceppc/), or other plants determined to be invasive by a competent botanist or biologist. (c) Trees visible from the property's private/public street frontage and/or in the property's street -facing common area for a residential project shall be a minimum 24" box size, and shall include a proportionate number of 36," 48," and 60" box - size specimens (Santa Clarita Architectural Design Guidelines, adopted December 2002). (d) Landscape plans shall show plant material to screen at maturity all trash enclosures, transformer boxes, vault boxes, backflow devices, and other exterior mechanical equipment. Screening material may include trees, shrubs (15 gallon minimum size), clinging vines, etc. Masonry block (concrete masonry unit) trash enclosures shall be screened with both shrubs and clinging vines (Municipal Code § § 17.15.040(B)(1-4). (e) Landscape plans shall show all lighting fixtures, base dimensions, and typical finish elevations. (f) The applicant shall apply jute netting to all graded slopes five feet (5') and higher in vertical elevation and elsewhere where needed for erosion control, and shall landscape graded slopes (Municipal Code § 17.28.020(B)). (g) Slope planting shall consist of at minimum one (1) tree per 150 square feet of slope area and one (1) shrub per 100 square feet of slope area (Municipal Code § 17.80.040(x)(3)). Should this requirement become impossible or impracticable because of fuel modification requirements, the applicant may substitute a proportionate number of appropriate larger specimen trees to the satisfaction of the Director of Planning and Economic Development. (h) The applicant shall design all irrigation systems for water conservation. (i) 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 Exhibit A Conditions of Approval Master Case 04-443 Page 7 of 24 not limited to, shredded bark, river rock, crushed rock, pea gravel, etc., and must 'be at least three (3) inches deep. (j) Trees planted within fourteen (14) feet of the paved road section along the interior private roads and Soledad Canyon Road shall conform to Municipal Code § 13.76.110 et seq (Parkway Tree Influence Area) and City Ordinance 92-38 (Parkway Influence Area). The property owner/manager/homeowners' association shall irrigate and maintain these trees according to City standards. (k) Trees planted within City right-of-way shall conform to Municipal Code § 13.76 et seq (Parkway Trees). (1) Prior to occupancy, the applicant shall install all proposed irrigation and landscaping, including irrigation controllers, staking, mulching, etc., to the satisfaction of the Director of Planning and Economic Development. The Director may impose inspection fees for more than one landscape installation inspection. (m) Prior to occupancy, the applicant shall submit to the Director of Planning and Economic Development a letter from the project landscape architect certifying that all landscape materials and irrigation have been installed and function according to the approved landscape plans. Architecture PL27. As depicted on the approved elevations for the proposed residences, all elevations visible from a road or public view 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 internal 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. PL28. As indicated in the comments from RRM Design Group, Plan A3 shall have a minimum of three separate elevation alternatives to provide variations in massing and fagade. A variety of colors shall be used to expand the color palette and break up the repetition of Plan A3. Exhibit A Conditions of Approval Master Case 04-443 Page 8 of 24 PL29. As indicated on the approved plans, the internal courtyards shall be paved at a minimum with enhanced concrete. Any other material will need to be reviewed and approved by the Director of Planning and Economic Development. PL30. A lighting plan shall be submitted prior to a grading permit issuance. Lighting shall be arranged to prevent glare or direct illumination on the adjacent properties, shall be consistent with the architectural design of the project and shall meet the requirements of the Unified Development Code. PL31. The applicant shall provide where feasible and consistent with the Unified Building Code, a minimum of 12" overhangleaves for all residential units. Final design shall be subject to the Director of Planning and Economic Development. Engineering Division GENERAL REQUIREMENTS 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 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, the applicant shall record a reciprocal access and maintenance agreement, and a reciprocal access easement for all shared driveways and drive isles within the project site, as directed by 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 remove existing structures. EN6. Prior to final map approval, the applicant shall provide proof of access and delineate said access on the map. EN7. Prior to final map approval, the applicant shall quitclaim or relocate easements running through proposed structures, as directed by the City Engineer. EN8. 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. Exhibit A Conditions of Approval Master Case 04-443 Page 9 of 24 EN9. 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. EN10. 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. EN11. 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. 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. EN12. 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. 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." Exhibit A Conditions of Approval Master Case 04-443 Page 10 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. k. 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 "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. EN13. 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. Lui 176)ull`►I101t5//11armsi 4*11gimi"y EN14. Prior to final map approval, the applicant shall submit a notarized affidavit to the City Engineer, 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. EN15. 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. EN16. 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 REQUIRMENTS EN17. 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 t - the geologist and/or soils engineer that addresses all submitted recommendations. Exhibit A Conditions of Approval Master Case 04-443 Page 11 of 24 EN18. Prior to final map approval, the applicant shall dedicate all required easements, including but not limited to ingress and egress, on the final map; and prior to occupancy, construct all required drainage improvements. EN19. 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. EN20. 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. EN21. Prior to grading plan approval, 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. EN22. 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. EN23. Prior to final map approval, the applicant shall submit drainage plans and necessary support documents to comply with Engineering requirements, as directed by the E, City Engineer. EN24. Prior to final map approval, the applicant shall dedicate any necessary easements, and prior to occupancy construct required drainage facilities to remove the flood hazard. EN25. Prior to the City's release of any bond monies posted for the construction of storm drain infrastructure, the applicant or subsequent property owners shall be responsible for providing all 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. EN26. Prior to issuance of building permits, the applicant shall execute and record an agreement regarding the issuance of building permits within areas subject to flood hazard, and the storm drain plan must be approved and bonded; if allowed to obtain building permits prior to completion of storm drain construction. EN27. 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. EN28. 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. Exhibit A Conditions of Approval Master Case 04-443 Page 12 of 24 EN29. Prior to issuance of building permits, if a Grant of Waiver is allowed, the applicant shall show the flood hazard note and area on a map which is made part of the Grant of Waiver. EN30. 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. EN31. Prior to final map approval or grading plan approval, whichever comes first, 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. EN32. Prior to final map approval, the applicant shall show and label on the map all natural drainage courses on lots where a note of flood hazard is allowed. EN33. Prior to issuance of building permits, the applicant shall construct all grading and drainage facilities within the project site. EN34. 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. t EN35. Specific drainage requirements for the site will be established at building permit application. EN36. 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. EN37. Prior to issuance of building permits and after final map recordation, the applicant 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. EN38. 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. EN39. 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. r Exhibit A Conditions of Approval Master Case 04-443 Page 13 of 24 F'LOODPLAINMAZARD AREA REQUIREMENTS EN40. Prior to final map approval, the applicant shall place a note of flood hazard, delineate the areas subject to flood hazard, and dedicate to the City the right to restrict the erection of buildings and other structures in the flood hazard areas; all on the final map. EN41. Prior to issuance of building permits, the applicant shall submit a pre -construction elevation certificate and obtain approval for finish . floor elevation from the Engineering Division. The applicant shall comply with requirements for construction of structures within a flood hazard area. No structures.are allowed within a floodway and all structures within the flood plain/hazard area must have the finish floor elevated 1'-0" above the projected water surface elevation, or in the case of an AO designated zone, F- 0" in addition to the depth number. The applicant shall provide a post -construction elevation certificate prior to occupancy. STREET IMPROVEMENT REQUIREMENTS EN42. 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. EN43. 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. EN44. 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. EN45. 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. EN46. Prior to final map approval, the applicant shall dedicate additional street right-of-way on Soledad Canyon Road, as directed by the City Engineer. EN47. Prior to final map approval, the applicant shall offer private and future street right-of-way for a total of 36 feet from centerline on each side of Penlon Court from the southerly right-of-way of Soledad Canyon Road to the proposed security gates, plus a 44 -foot radius right-of-way for tum -around outside the gates per City Standards, as directed by the City Engineer. Exhibit A Conditions of Approval Master Case 04-443 Page 14 of 24 EN48. Prior to final map approval, the applicant shall provide a Drainage Acceptance Letter whenever there is an offer of future and private right-of-way. EN49. Prior to occupancy, the applicant shall construct the following required street improvements: Street Name Curb& Base& I Street Sidewalk Street Trees Landscaped Gutter Paving 51min Median Soledad Canyon Road X ---Lights X X X I X X Penlon Court X X X X I X X EN50. 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. EN51. 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. EN52. 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. EN53. 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, EN54. Prior to final map approval, the applicant shall obtain approval of the City Engineer and the City Attorney for a Home Owners Association Maintenance Agreement. The applicant shall reimburse the City for the City Attorney's review and approval fee. EN55. If required, prior to final map approval, the applicant shall dedicate slope easements, as directed by the City Engineer. EN56. Prior to final map approval, the applicant shall provide easements for all utility companies for the proposed vacated area. EN57. 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. EN58. Prior to occupancy, the applicant shall construct and landscape medians on Soledad Canyon Road and Penlon Court, as directed by the City Engineer. r EN59. Prior to occupancy, the applicant is required to install distribution lines and individual E service lines for Community Antenna Television service (CATV) for all new development. Exlubit A Conditions of Approval Master Case 04-443 Page 15 of 24 EN60. Prior to occupancy, the applicant shall replace driveways to be abandoned with standard curb, gutter, and sidewalk. EN61. 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. EN62. Prior to occupancy, the applicant shall install additional pavement on Soledad Canyon Road to provide for a striped left -tum pocket at the intersection with Penlon Court. A striping plan signed by a registered civil or traffic engineer is required for all conditioned left -tum pockets. EN63. 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. EN64. 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. EN65. Prior to occupancy, the applicant shall construct full -width sidewalk at all walk returns. EN66. Prior to occupancy, the applicant shall construct a wheelchair ramp at intersections, as directed by the City Engineer. EN67. Prior to occupancy, the applicant shall provide and install street name signs, as directed by the City Engineer. TRAFFIC REQUIREMENTS EN68. 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 permit. EN69. Access shall intersect with Soledad Canyon Road 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. EN70. Prior to issuance of the first building occupancy permit, the applicant shall post `No Parking— Fire Lane" signs along all private roads/driveways 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. EN71. Minimum width of all interior two-way driveways shall be 26 feet and shall be shown on all applicable plans prior to issuance of first building permit. EN72. Prior to issuance of the first building occupancy permit, the applicant shall obtain approval from the L.A. County Fire Department for the private road/driveway sections. Exhibit A Conditions of Approval Master Case N 443 Page 16 of 24 EN73. The location, width, and depth of all project access roads/driveways shall conform to the approved site plan. This shall be shown on all applicable plans prior to issuance of first building permit. No additional access roads/driveways shall be permitted. EN74. Access at Soledad Canyon Road/Penlon Court shall be limited to right-in/right-out/left-in only. This shall be shown on all applicable plans prior to issuance of first building permit. EN75. Prior to issuance of the first building occupancy permit, the applicant shall provide a left -tum lane on westbound Soledad Canyon Road at Penlon Court. The left -turn lane shall have 300 feet of storage and 120 feet of taper. This shall be shown on all applicable plans prior to issuance of first building permit. EN76. Prior to issuance of the first building occupancy permit, the applicant shall provide a 12' right -tum (eastbound deceleration) lane on Soledad Canyon Road at Penlon Court. This will require an additional 12 feet of right-of-way. The right -tum lane shall have 300 feet of storage and 120 feet of taper. This shall be shown on all applicable plans prior to issuance of first building permit. EN77. Prior to issuance of the first building occupancy permit, the applicant shall provide a mid - block U -tum median opening, east of Penlon Court. The left -tum lane shall have 300 feet of storage and 120 feet of taper. This shall be shown on all applicable plans prior to issuance of first building permit. EN78. Six months after issuance of the first building occupancy permit, the applicant shall update the traffic -signal timing at the intersections of Soledad Canyon Road/Langside Avenue and Soledad Canyon Road/Camp Plenty Road or pay an in -lieu fee of $2,000 per intersection ($4,000 total). SEWER IMPROVEMENT REQUIREMENTS EN79. 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. EN80. 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. EN81. 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. EN82. Prior to final map approval, the applicant shall pay sewer reimbursement charges as determined by the City Engineer or the County of Los Angeles. EN83. 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 Exhibit A Conditions of Approval Master Case 04443 Page 17 of 24 pursuant to Division 7 (commencing with Section 13000) of the Water Code. The deposit is required upon submittal of final map and easement documents. EN84. Prior to sewer plan approval or final map 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. FEES AND MISCELLANEOUS REQUIREMENTS EN85. 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 (150), times the district rate ($15,250), times 0.8; which is equal to $1,830,000 until June 30, 2005. The fee is subject to change and is based on the rate at the time of payment. EN86. 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. EN87. All construction plans and activities must be in compliance with the provisions of the storm water permit and associated Standard Urban Storm 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 Angeles County Fire Department FDI. Access to the development shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. The all weather access shall be installed prior to obtaining first occupancy. Exbubit A Conditions of Approval Master Case 04-443 Page 18 of 24 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 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 Firelane" with the 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 building permit issuance and construction. FD6. The Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. FD7. The Applicant shall provide access as shown on Tentative Map and Site Plan. The Applicant shall provide a minimum driveway width of 26 feet, clear -to sky, to be posted "NO PARKING FIRE LANE". When an island separates the driveway, a minimum driveway width of 20 feet on both sides is required, which shall be posted "NO PARKING -FIRE LANE". As indicated on the site plan, provide a 32 -foot center -line turning radius. 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 a duration of 2 hours, over and above maximum daily domestic demand. Two Hydrants flowing simultaneously may be used to achieve the required fire flow. FD 10. Fire hydrant requirements areas follow: Install nine (9) public fire hydrants. FDl 1. All hydrants shall measure 6"x4"x 2 %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' from a structure or protected by a two (2) hour rated firewall. Fadubit A' Conditions of Approval Master Case 04-443 Page 19 of 24 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. FD13. The fire hydrants shall be protected by a barricade. Submit a minimum of four (4) copies of the water plans to the Fire Department's Land Development Unit for review prior to obtaining a building permit. Building and Safety Division BSI. All structures shall comply with the detailed requirements of the following: a The 2001 California Building, Mechanical, Electrical and Plumbing Codes b The 2001 California energy code with AB970 Amendments to Title 24, and c The 2002 City of Santa Clarita amendments to the California codes A copy of the City amendments is available at the Building and Safety public counter and on our website at www.santa-clarita.com. BS2. 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. BS3. 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. c. A copy of the final compaction report shall be reviewed by Building and Safety. BS4. All structures shall be setback from any ascending and descending slopes per section 1806.5 of the California Building Code. BSS. A portion of the property is located within 1000 feet of a natural hillside brush area and shall comply with the City's Fire Hazard Zone Ordinance. BS6. All common use areas, such as paths, walkways to the public way, pool and open areas shall be accessible for the disabled per chapter I IB of the California Building Code. (Chapter I 1"ofthe UBC is not adopted in California) BS7. Prior to issuance of building permits, additional clearances from agencies not present at this DRC will be required from: Exhibit Conditions of Approval Master Case 04-443 Page 20 of 24 a. William S. Hart School District and appropriate elementary school district, b. Castaic Lake Water Agency, c. L. A. County Sanitation District, An agency referral list is available at the Building and Safety public counter. BS8. At the time of application for a building permit, please submit two complete sets of the following construction documents for plan review: architectural and structural plans, structural and energy calculations, soil report, truss drawings and calcs, etc., and a single copy of the current tax assessor's map. BS9. Prior to building permit issuance plans shall: a. Show all lot lines, easements, required sideyards, restricted use areas, etc on the site plan. b. All on-site sewer lines and laterals shall have a minimum 2% slope per CPC. BS10. Prior to submitting 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. €' BS 11. The Building and Safety Division 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 corner of each sheet of the drawing per the following example: (The sheet number total is the total in the appropriate trades.) PEVA 200301459 SHEET TITLE: 2nOFLOOR PLAN SHEETA. b. A A-1.3 mditions shall be incorporated into the plans as a full size at c. T OF 21 SHEETS be incorporated into the plans as a full size sheet for appLUVW. .„Q bL=IU U Uooklet 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 ttt full size sheet for approval. Reports that do not contain information required by the contractor for construction of installation need not be included: Exhibit A Conditions of Approval Master Case 04.443 Page 21 of 24 e. The Recommendation Section of the Soils Report shall be incorporated into the plans as notes on full size sheets. BS 12. These comments are based on a review of conceptual plans submitted by the applicant for this DRC. A thorough review will be performed and specific comments will be generated when the final plans are submitted to Building and Safety. Parks and Recreation PRL Prior to the recordation of an applicable final tract/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 per the UDC. PR2. The Applicant shall design and construct an interior Paseo system for bicycle and pedestrian use that connects to the regional trail system located on Soledad Canyon Road. These improvements shall be made to the satisfaction of the Director of Parks, Recreation, and Community Services Department and shall conform to all City Standards. PR3. All open space, graded slopes and drainage areas must be owned and maintained by the HOA. Environmental Services ES 1. This project is a development planning priority project under the City's NPDES Municipal Stormwater Permit as a development with 10 or more dwelling units. 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. Please refer to the Standard Urban Stormwater Mitigation Plan (SUSMP) guide for details. ES2. This project area 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) to the State and submit a Stormwater Pollution Prevention Plan (SWPPP) to the City for acceptance prior to obtaining grading or building permits. ES3. Please note the Applicant shall be required to pay the $1230 USMP Review fee and the $470 SWPPP review fee upon formal submittal. Contact the Environmental Services Division at (661) 284-1422 with any questions. ES4. All single family residential dwellings shall be designed with space provided for three 90 -gallon trash bins. It is the developers'/builders' responsibility to ensure that the Exhibit A Conditions of Approval Master Case 04-443 Page 22 of 24 residents are aware that the trash cans are placed along the curb area of their respective streets and not within their courtyard area. ESS. The Applicant is encouraged to recycle construction and demolition debris. Contact the Environmental Services Division for debris recycling information. Landscape Maintenance District LD1. No slopes or on site landscaped areas are allowed into an UM. LD2. Prior to the recordation of the final tract/parcel map, the property must be annexed into the City's Areawide Landscape Maintenance District (LMD) for the maintenance of medians and streetscapes within the Areawide district. The property shall annex at the standard rate based on the zoning/usage of the property. LD3. The Applicant shall install or modify as required, any median landscaping in Soledad Canyon Road along the property frontage. The LMD landscape improvements shall be bonded or installed prior to the recordation of the final tract/parcel map. LD4. Prior to the issuance of a Certificate of Occupancy, all LMD median landscape 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. Transit TRI. There is fixed route bus service every half hour between the hours of 5 am and 10 pm on Soledad Canyon Road daily. TR2. The Transit Impact Fee does apply. Currently the rate is $200 per residential unit. The Applicant is advised that the fee is currently under revision. The fee in place at the time of final map recordation or building permit issuance (whichever comes first) shall be paid. Urban Forestry UFI. The Applicant shall be required to install street trees within the parkways of all proposed streets. Spacing of trees shall be a minimum distance of 30' feet on center and shall not exceed 40' feet on center at any time. ExhlbitA �^ Conditions of Approval f( Master Case 04-443 Page 23 of 24 UF2. All street trees shall be a minimum 24" inch box container grown tree and planted according to the City of Santa Clarita Tree Planting and Staking Detail Sheet. All trees planted within the parkways shall be approved by the Urban Forestry Department. UF3. All trees to be planted on site shall meet or exceed the minimum requirements of the California Department of Forestry and Fire Protection Specification Guidelines for Container -Grown Trees. UF4. Street trees that are planted within lawn type settings shall require lineal root barrier; measuring a minimum distance of 10' feet on center with the trunk of the tree along all walkways and curbs. A three foot minimum diameter mulched tree well shall be installed at the base of each tree with 8-9 inch arbor guards around at the base of all tree trunks. UFS. The Applicant shall install native species of trees including but not limited to California sycamore (Platanus racemosa) and Coast live oak (Quercus agrlfolia) along the areas designated as `wetlands". These trees shall be planted in compliance with the regulations set forth by the California Department of Fish and Game, City of Santa Clarita Urban Forestry Department, and the Department of Planning and Economic Development. UF6. The Applicant shall incorporate native species of oak trees within the common areas of landscape throughout the project site. A minimum of four 60" inch box native oak trees shall be installed within this development prior to final building sign off. UF7. The Applicant shall install and maintain an approved irrigation system for all trees planted within all parkways, public right of ways, and mitigation areas. UF8. Only drip or bubbler type irrigation shall be installed under the protected zone of an oak or within 15' feet of the trees hunk. All irrigation shall be approved by the City of Santa Clarita Department of Planning and Economic Development and the City of Santa Clarita Oak Tree Specialist. UF9. Only native vegetation compatible with oak trees shall be planted within 15' feet of any oak tree planted on site. UF10. The Applicant and their contractors shall adhere to the final Conditions of Approval at all times throughout the said project. Any deviation from the final approved plans shall require written permission from the Department of Planning and Economic Development and the Urban Forestry Department. UFI1. The Applicant shall contact the Urban Forestry Department and the Department of Planning And Economic Development for a final walk-through inspection at the time of completion of said project. Final sign -off shall only be issued when all applicable items are compliant with the requirements set forth by the City of Santa Clarita E%IubitA Conditions of Approval Master Case 04-443 Page 24 of 24 sJPMCURRENT2004/04.287/COA.dm