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HomeMy WebLinkAbout2005-06-28 - RESOLUTIONS - MC 04-486 NEGDEC SIERRA HWY (2)RESOLUTION NO. 05-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE NO. 04-486 (GENERAL PLAN AMENDMENT 04-008, ZONE CHANGE 04-005, TENTATIVE TRACT MAP 60536, CONDITIONAL USE PERMIT 04-030, OAK TREE PERMIT 04-048, HILLSIDE REVIEW 04-009) AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION TO CHANGE THE GENERAL PLAN DESIGNATION OF THE EASTERN PORTION OF THE 9.3 ACRE PROJECT SITE TO RESIDENTIAL MODERATE (RM) TO ALLOW FOR THE SUBDIVISION AND CONSTRUCTION OF 55 CONDOMINIUMS LOCATED AT THE INTERSECTION OF SIERRA HIGHWAY AND AMERICAN BEAUTY WAY 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 December 3, 2004, an entitlement application was filed by W & K Homes (the "applicant") with the Department of Planning and Economic Development which included the following requests: an amendment to the General Plan Land Use Element Land Use Map to redesignate approximately 4.3 acres of Community Commercial (CC) land use to RM (Residential Moderate) land use; a zone change modifying the Unified Development Code zoning designation of approximately 4.3 acres of property from CC (Community Commercial) to RM (Residential Moderate); a Tentative Tract Map to subdivide the project site to allow for 55 condominium units; a Conditional Use Permit to import 65,000 cubic yards of earth onto the project site; an Oak Tree Permit to relocate an existing oak tree on the project site; a Hillside Review to grade on a project site with over 10% average cross -slope and to grade more than 1,500 cubic yards of earth on the project site; and B. The application was deemed complete on February 18, 2005; and C. The site is located at the southeast intersection of Sierra Highway and American Beauty Way, in the City of Santa Clarita. The project site is described as Assessor Parcel Numbers: 2803-024-017, 018, 019, 020, 010; and D. The General Plan presently designates 5.0 acres of the project site as Residential Moderate (RM) and 4.3 acres of the project site as Community Commercial (CC), which corresponds to grouped housing with a density of 11 units per acre, and shopping centers, respectively. Upon approval, the General Plan Land Use Element Land Use Map would be amended to re -designate the entire project site under the RM (Residential Moderate) General Plan designation, which corresponds to the proposed residential condominium use. The applicant is proposing to develop 5.0 acres of the 9.33 acre project site with 55 condominium units; and Resolution Master Case 04486 Page 2 E. The surrounding land uses consist of a day care to the north, apartments to the south, single family dwelling units to the west and Sierra Highway and apartments to the east. The land to the north of the project site is zoned CC. The land to the south and west of the project site is zoned RM, and the land to the east of the project site is zoned RH;.and F. This project was reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA). The City of Santa Clarita prepared an Initial Study for the project which determined that the proposed mitigation measures will reduce the impacts associated with the project to a less than significant level; and G. The project was duly noticed in accordance with the noticing requirements for a zone change, General Plan amendment, tentative tract map, conditional use permit, oak tree permit, and hillside review on April 18, 2005; and H. 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 I. At the hearing described above, the Planning Commission considered staff presentation, staff report, applicant presentation, public testimony on the proposal, and the Mitigated Negative Declaration prepared for the project and adopted Resolution P05-18 recommending that the City Council adopt the Mitigated Negative Declaration and approve Master Case 04-486 subject to the attached conditions of approval (Exhibit "A'); and J. A public hearing was duly noticed for the City Council meeting of June 28, 2005 which was held at 6:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA. During this meeting, the City Council received the staff report and public testimony on the project; and K 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 eastern 4.3 acres of the project site to Residential Moderate (RM) and to allow for the construction of 55 condominium residential units on a 9.3 acre site, located on Sierra Highway at American Beauty Way. WHEREAS, CALIFORNIA ENVIRONMENTAL OUALTTY 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 18, 2005, in accordance with CEQA. The public review period was open from April 18, 2005 through May 17,2005; Resolution Master Case 04-486- Page 4-486Page 3 C. There is no substantial evidence that the project will have a significant effect on the environment. The Mitigated Negative Declaration reflects the independent judgment of the City of Santa Clarita; D. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the Planning Commission is the Master Case 04486 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 FINDINGS. Based upon the foregoing facts and findings, the City Council hereby find as follows: A. The proposed General Plan Amendment is consistent with the objectives of this Development Code, the General Plan, and development policies of the City to amend the General Plan Land Use Map (Exhibit `B') from Community Commercial (CC) to Residential Moderate (RM). The project site is 9.3 acres in size. This proposal is to change the current General Plan designation of 4.3 acres of the site from CC to RM. Development consistent with the CC zone would impact the site and surrounding uses significantly more than the proposed residential development. The existing surrounding uses are single family and multi family residential and day care. These uses are compatible with the proposed residential development. Commercial uses generate more vehicular trips per day than residential uses resulting in more traffic at the intersection of American Beauty Way and Sierra Highway. This residential project does not require major modifications to Sierra Highway. As part of this project, the applicant is dedicating right-of-way, installing a left turn lane at the traffic light to access the project site, and installing sidewalks and street trees on Sierra Highway. Compliance with the intent of the CC zone would include development of a community shopping center with at least two major users, which would require significant grading on the project site to allow for building pads and on site parking. This grading would also impact the base of the Primary Ridgeline located on the western portion of the site. Construction of the proposed multi- family units will require removal and recompaction of the earth in the development area of the project site and the import of 65,000 cubic yards of earth to the project site to increase the elevation of the building pads above the flood plain. With the proposed residential development, no development will occur on the base of the designated Ridgeline. The proposed residential development will comply with the RM zone development standards consistent with the summary of the RM zone. Resolution Master Case 04-486 Page 4 r The proposed project is consistent with the goals and policies outlined in the City of Santa Clarita General Plan. The project is consistent with Goal 6 of the Land Use Element of the General Plan. Goal 3, Policy 3.3 of the Land Use Element seeks to "Encourage a mix of housing types and densities in new large scale residential development". This proposal is a residential development that will provide attached condominiums ranging in size throughout the development. The proposed condominiums will increase the variety of housing types in this area of the City, as apartments and single family homes are adjacent to the south, east and west of the project site. WHEREAS, TENTATIVE TRACT MAP FINDINGS. 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 9.3 -acre project site to allow for the construction of 55 attached condominium units in 12 structures has been designed in accordance with the subdivision requirements of Title 16 of the City of Santa Clarita's Municipal Code. Further, the proposed structures meet the requirements of the Unified Development Code (Title 17 of the Municipal Code) for residential development within the residential zone, such as structural setbacks, height and density. The applicant proposes to construct 55 units on 5.0 acres, in compliance with the density of the RM designation. 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. B. The site is physically suitable for the type of development: The project site is physically suited for the proposed development because the surrounding area is developed with a range of uses compatible with the proposed residential development, including other residential development and day care. Sierra Highway is adjacent to the eastern boundary of the project site, where utilities currently exist. These utilities are adequate for the applicant to connect upon development of the proposal. In addition, as the project is designed, 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 highway/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. C. The site is physically suitable for the proposed density of development: rThe site is suitable for the proposed density of development because it is located ( in an area designated for similar residential use (RM) and the proposed Resolution Master Case 04-486 Pages designation is substantially consistent with the density. Further, the proposed development is designed to have no impact to the base of the Primary Ridgeline located on the western 4.33 acres of the project site. The applicant proposes to develop the eastern 5.0 acres of the project site, adjacent to Sierra Highway, which is relatively flat, and not disturb the 4.33 acres of the project site, which is very steep and hilly. Also, the applicant will import 65,000 cubic yards of earth to build up the pad elevations of the 12 proposed structures to elevate them out of the flood plain that exists on the eastern portion of the project site. 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 avoidably injure fish and/or wildlife species or their habitat because no fish or fish habitat, or any wildlife habitat or wildlife corridor is present on the project site. The base of a designated Primary Ridgeline exists on the western portion of the project site. This portion of the project site is not included in the proposed development and will remain in its natural state as the eastern portion of the site is developed. There is one oak tree on the project site that is currently surrounded by an auto use. As part of the proposal, the auto use on the project site will be eliminated, and the oak tree will be moved to the north side of the project site, at the entrance to the site. The applicant has also proposed to install four oak trees on the project site as mitigation trees for the relocated tree. These trees would be required to be installed if the relocated tree declined in health. Both the relocated tree and the mitigation trees would be monitored for a minimum of five years to insure the health of the trees is established after planting therefore, the design of the subdivision and proposed improvements will not cause environmental damage. 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 other residential development on Sierra Highway, and will not cause serious health problems because there are not any conditions on the project site that would impact health of the future residents. As part of the review of the project site, a Phase I analysis was completed to analyze any effects of the existing auto use on the project site. This analysis concluded there was no impact, such as soils contamination, as a result of the auto use on the project site. The proposed development, a residential condominium development, will not introduce hazardous materials or other harmful substances on the project site that will create health problem because the land would be used as a typical residential use. Resolution Master Case 04-486 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 easements on the project site. The applicant is dedicating right-of-way along the project frontage on Sierra Highway. This will ensure the width of Sierra Highway complies with the City's General Plan. The applicant is also installing a sidewalk, street trees and a bus stop along the project frontage on Sierra Highway to insure access on Sierra Highway. WHEREAS, CONDITIONAL USE PERMIT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby find as follows: A. That the proposed location, size, design and operating characteristics of the proposed use is in accordance with the purpose of this Development Code, the purpose of the zone in which the site is located, the Santa Clarita General Plan, and the development policies and standards of the City; and The application includes the import of 65,000 cubic yards of earth to the project site from a site located within five miles of the project site. This imported earth will be used to elevate the pads of the 12 proposed structures to elevate them out of the flood plain noted on the project site. This residential development is consistent with the surrounding residential development. With the approval of the land use designation change, the proposed residential development is consistent with the Unified Development Code residential development standards. 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 conditional use permit be reviewed and approved for the import of 65,000 cubic yards of earth. The applicant submitted a project that would not require substantial grading of the site with the import of the earth. The imported earth will be used to elevate the site above the designated flood plain on the project site. A total of 71,000 cubic yards of earth will be moved on the project site. This grading will allow the applicant to develop the eastern portion of the project site and not disturb the base of a designated Primary Ridgeline on the western portion of the project site. The proposed residential development does not exceed the floor area ratio requirements in the City's UDC for development of the site. The massing of the project is consistent with what is allowed by the City's Architectural Design Guidelines. The applicant submitted a unit count that complies with the density of the site based upon the original topography of the Resolution Master Case 04-486 Page 7 site, which allows 11.0 units per acre. With the zone change and General Plan amendment and approval of the conditional use permit, the project will comply with all applicable sections of the UDC. 2. The availability of public facilities, services, and utilities; and The 5.0 acres situated on the eastern side of the site will be developed upon approval of this application. This portion of the project site is adjacent to Sierra Highway. The applicant proposes to install a sidewalk and landscaping in the right-of-way along the project frontage on Sierra Highway. Utilities that can accommodate the proposed residential development are located on Sierra Highway, including water, sewer, and electricity. 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 residential development and a day care facility. This development will promote the existing residential neighborhood character in this area of Sierra Highway, where the surrounding parcels are designated and used as residential land uses. 4. The generation of traffic and the capacity and physical character of surrounding streets; The proposed residential development will increase traffic on Sierra Highway (designated a Major Highway by the City's General Plan). This increase is less than what would occur from commercial development, as multi -family residential units generate under 10 vehicular trips per day, and trips generated from commercial uses are more than that for residential uses. There is an existing traffic light at the intersection of American Beauty Way and Sierra Highway that would be used for access to and from the project site. No modifications to Sierra Highway are necessary as a result of this development. 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 The project site is 9.33 acres in size. The eastern 5.0 acres of the project site is the portion of the site that is less topographic and where development would occur. The remaining 4.33 acres of the site has the base of a designated Primary Ridgeline on the project site and would not be developed with this application. This area would stay in its natural state. The applicant proposes Resolution Master Case 04-486 Page 8 to import 65,000 cubic yards of earth to the site that would elevate the pads of the proposed buildings above the flood plain on the project site. The applicant submitted a density (11.0 units per acre) that is based upon the natural topography of the eastern 5.0 acres of the project site that would be developed with this application. Though the applicant is requesting land use designation changes, the surrounding parcels adjacent to the project site are designated for residential uses. The site has utilities that can serve the proposed development, and the site is adjacent to Sierra Highway, 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 a short term increase in air and noise pollution during site preparation and construction, this will primarily be from the movement of the 65,000 cubic yards of imported earth to the project site. However, the increase is not anticipated to be substantial or long term and will only be associated with the grading of the proposed project. No natural resources are anticipated to be damaged with the project, as grading will stay off of the base of the Primary Ridgeline on the western portion of the site, and the oak tree on the site will be relocated. 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 import of 65,000 cubic yards of earth with the approval of a conditional use permit. The proposal is to change the designation of portions of the project site from CC (Community Commercial) to RM (Residential Moderate) and construct 55 condominium units on 5.0 acres of a 9.33 acres project site, and use the imported earth to raise the pad elevations of the 12 proposed buildings above the flood plain. The applicant has used the original natural topography to determine the allowable density of the project site. The application and all related entitlements were reviewed by City staff and the Los Angeles County Fire Department and found the project to be in compliance with all of the applicable standards and requirements in the Unified Development Code. The residential development will not create a significant impact and is not anticipated to impact public health, safety or welfare. 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; Resolution Master Case 04-486 Page 9 With the approval of the zone change and General Plan amendment of 4.3 acres of the 9.33 acre project site, the proposed residential use that would occur on 5.0 acres of the project site meets all provisions of the Unified Development Code. No variance or other adjustment is necessary with this proposal. WHEREAS, HILLSIDE REVIEW FINIDINGS. Based upon the foregoing facts and findings, the City Council hereby find as follows: A. Natural topographic features and appearances shall be conserved by means of landform grading so as to blend any manufactured slopes or required drainage benches in to the natural topography: A Primary Ridgeline was designated to the west of the project site by the City's Ridgeline Preservation Map. The base of this Ridgeline is located on the western portion of the project site. The applicant has designed the residential development to be developed on the eastern 5.0 acres of the site, leaving the western portion in its natural state. Although grading would occur on the eastern portion of the site with this application, the grading would be limited to fine grading with the import of 65,000 cubic yards of earth. The applicant was required to use the natural topography cross slope of the site to calculate density in compliance with the City's Hillside Preservation Ordinance density cross slope standards. The project does comply with these density standards; and B. Significant, natural, topographic prominent features shall be retained to the maximum extent possible: There is a designated Primary Ridgeline base located on the western 4.33 acres of the project site. This Ridgeline base is not included in the area to be developed with this application and would be left in a natural state upon development of the eastern 5.0 acres. There are single family homes that have been developed on the top of the Primary Ridgeline that overlook the site. Based on the design of the development, which focuses development on the less topographic eastern portion of the project site, the grading associated with the proposed project will not create any substantial impact to the hillside; and clustered sites and buildings shall be utilized where such techniques can be demonstrated to substantially reduce grading alterations of the terrain and to contribute to the preservation of trees, other natural vegetation and prominent landmark features and are compatible with existing neighborhoods: No clustering is proposed with the proposed project. However, the proposed residences would be constructed on the eastern, less steep 5.0 acres of the project site. The design of the proposed development includes the preservation of the base of the Primary Ridgeline on the western 4.3 acres of the site and locating all earth movement and development away from this base. All proposed development and site preparation would occur on the eastern portion of the site Resolution Master Case 04486 Page 10 that is not topographic; and building setbacks, building heights and compatible structures and building forms that would serve to blend buildings and structures with the terrain shall be utilized: The proposed project meets the setback requirements from all property lines and between structures. The applicant is proposing substantial landscaping along the project frontage on Sierra Highway, and on the project site, along the private street and in the courtyards in at the entries to the structures. The three architectural designs used range in size and in height which will break up the massing of the proposed buildings; and C. Plant materials shall be conserved and introduced so as to protect slopes from slippage and soil erosion and to minimize visual effects of grading and construction on hillside areas, including the consideration of the preservation of prominent trees and, to the extent possible, reduce the maintenance cost to public and private property owners: The eastern 5.0 acres of the project site to be developed with the 12 structures is the less topographic portion of the project site, with a 9.3% average cross slope. The remaining 4.33 acres of the site has significant topography and will remain in its natural state, as part of this development. The applicant will plant a mix of deciduous and evergreen plantings within the proposed residential development, along the private driveways and parkways on the project site, in the courtyards at the entries to the units, and in the recreational areas on site. Prior to approval of building permit, the final landscape and irrigation plans will be approved. A HOA (home owners association) will be formed to maintain all common areas on the project site, including the hillside area and recreation areas; and D. Curvilinear street design and improvements that serve to minimi a grading alterations and emulate the natural contours and character of the hillside shall be utilized: There are no streets proposed with this development. A private driveway to access the proposed residences would be constructed. The applicant is proposing to develop the area of the project site adjacent to the Sierra Highway right-of-way. The single access point to the site would be located at the northeastern portion of the site, where a traffic signal is currently operating. A total of 71,000 cubic yards of earth would be moved on the project site for development with this application. Of the earth movement, 65,000 cubic yards would be imported to the project site, which will allow for the proposed pads to be elevated above the flood plain. The design of the development, in the less topographic portion of the site, and the inclusion of one private driveway to access the site will not require the applicant to substantially grade the site. No grading is necessary that will alter the existing slopes with the proposed development; and E. Grading designs that serve to avoid disruption to adjacent property shall be Resolution Master Case 04 -486 - Page 11 utilized: The applicant is proposing to utilize and construct upon the existing less topographic portion of the project site, with no disturbance to the western portion of the site, where a base of a Primary Ridgeline is located. No off site grading is proposed with this application; and F. Site design and grading that provide the minimum disruption of view corridors and scenic vistas from and around any proposed development shall be utilized: The project site is surrounded by existing development. There are no existing view corridors or scenic vistas that are being disturbed by the proposed project. WHEREAS, OAK TREE PERMIT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby finds as follows: A. It is necessary to remove, relocate, prune, cut or encroach into the protected zone of an oak tree to enable reasonable use of the subject property which is otherwise prevented by the presence of the tree and no reasonable alternative can be accommodated due to the unique physical development constraints of the ProPerty. The oak tree on the project site is currently surrounded by an auto use. With this application to develop the project site, the tree will be relocated to the northeastern side of the project site, in the area of the entrance to the site and in proximity to a passive recreation area proposed as part of this development. The tree will be relocated in an area where it is anticipated to thrive because no structures or appurtenances would be placed inside the protected zone of the tree. The tree will be visible from Sierra Highway, as well as the proposed residences. B. The approval of the request will not be contrary to or in conflict with the general purpose and intent of the Oak Tree Preservation Ordinance: The intent and purpose of this Ordinance is to protect and preserve oak trees. As part of the conditions of approval of this project, the applicant has agreed to plant four oak trees on the project site, to ensure there are mitigation oaks on the site if the health of the relocated oak tree declines. The relocation of the oak on the project site will locate the tree in an area on the project site that will allow the tree to continue to grow without the obstruction of storage and structures within the protected zone of the tree. The proposed location of the oak tree will be in an area that is visible from public view, as it will be an entrance monument to the project site. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: Resolution Master Case 04-486 Page 12 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. SECTION 2. The City Council does hereby approve the following entitlements requested under Master Case 04-486; General Plan Amendment 04-008 (Amending the Land Use Map, Exhibit `B" Attached), Tentative Tract Map 60536, Conditional Use Permit 04-030, Hillside Review 04-009, and Oak Tree Permit 04-048 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. Resolution Master Case 04-486 Page 13 ( PASSED, APPROVED AND ADOPTED this 28th day of June, 2005. Mayor ATTEST: STATE QF CALIFORNIA ) COUNTY -OF LOS ANGELES ) ss CITY OF SA14TAXLA'RTTA ) I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was introduced and passed at a regular meeting of the City Council held on the 28th day of June 2005, by the following vote to wit: AYES: COUNCHIVIEMBERS: Ferry, McLean, Weste, Kellar, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None � ) CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 05-80, adopted by the City Council of the City of Santa Clarita, California on June 28, 2005, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of ,20—. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk Resolution POS -18 Exhibit A Master Case 04-486 Zone Change 04-005, General Plan Amendment 04.008, Tentative Tract Map 60536, Conditional Use Permit 04.030, Hillside Review 04.009, Oak Tree Permit 04-048 Planning Commission Conditions of Approval General Conditions GCL 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). GC2. 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. GC3. 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. GC4. Unless otherwise apparent from the context, the term "applicant" shall include the applicant and any other persons, corporation, or other entity making use of this grant. The applicant shall defend, indemnify, 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. GC5. The property shall be developed and maintained in substantial conformance with the approvals granted by the City. Any modifications shall be subject to further review by the City. GC6. The applicant and property owner shall comply with all inspection requirements as deemed necessary by the City of Santa Clarity GC7. The owner, at the time of issuance of permits or other grants of approval agrees to develop the property in accordance with City codes and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Code, Highway Permit Ordinance, Mechanical Code, Unified Development Code, Undergrounding of Utilities Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Ordinance and Fire Code. Resolution P05.18, Exhibit A Master Case 04-486 Conditions of Approval Page 2 of 23 GC8. 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. GC9. 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. GC10. It is hereby declared and made a condition of this pertnit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the City may commence proceeding to revoke this approval. Planning Division PLl. All Final Maps shall be in substantial conformance with the tentative parcel map, landscape plan, and architectural elevations approved by the 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- 486. PI.3. This approval shall not supersede the approval of any other affected agencies requirements. PIA. The applicant and property owner shall comply with all inspection requirements as deemed necessary by the City of Santa Clarita. PL5. It is hereby declared and made a condition of this permit that if any condition hereof is violated, or if any law, statue, or ordinance is violated, the City may commence proceedings to revoke this approval. PL6. All requirements of the Unified Development Code (UDC) and of the specific zoning RM (Residential Moderate) of the subject property must be complied with unless set forth in the permit and/or shown on the tentative map. PL7. The applicant shall comply with all applicable Building and Engineering Department requirements. PL8. The applicant shall comply with all applicable regulations and fees of affected agencies at the building permit stage, including Los Angeles County Fire Department Fees and Library fees. Resolution P05-18, Exhibit A Master Case 04-411 Conditions of Approval Page 3 of 23 PL9. Gates are not a part of this approval. If gating of the project is proposed, the applicant shall be required to submit a conditional use permit to gate the proposed development. PL10. No roof -mounted equipment is permitted to be installed on residential structures. All ground -mounted equipment including air conditioning units, back flow devices, transformer boxes, mechanical equipment, etc shall be screened using landscape materials such as bushes and trees. Ground cover such as mulch and turfgrass is not acceptable as a screening device. PL11. As shown on the cross section shown on the map, both sides of the private driveway/fire lane shall contain landscaped parkways with a meandering sidewalk 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, therefore, 27 parking spaces are required to be provided on site. This has been shown on the map. Parking at the end of the cul-de-sac or on private driveways will not be permitted. PL13. All residential units must contain a garage for two vehicles with a minimum dimension of 20' by 20' interior floor to roof. Please be aware that this area cannot be obstructed with pipes, equipment or wails. PL14. The required front and street side yards shall be landscaped. All plant material shall be irrigated by automatic sprinklers or drip irrigation systems. Patios, seating areas, parking and circulation spaces can be included in the setback areas to help buffer adjoining parcels from one another. PL15. Masonry walls, six feet in height, from the highest finished grade, shall be required on the rear and side property lines. Block walls shall be included along Sierra Highway, as deemed necessary as. mitigation in the Noise Study included as part of the initial study and Mitigated Negative Declaration completed for this project, 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 constructed in substantial conformance to the approved map: • Landscaped park like quiet area; • Children's play area; • Family picnic area; Resolution P05-18, Exhibit A Master Case 04-486 Conditions of Approval Page 4 of 23 • and swimming pool with cabana or patio cover. PL18. Recreational vehicle parking areas shall be provided, fully screened from public view, or the development shall prohibit all parking of recreational vehicles. PL19. Retaining walls in the back of the pad on a lot shall be a maximum of eight feet in height. Retaining walls in the side yard of a lot shall be a maximum of six feet in height. If greater height is desired, two, four -foot walls may be used with planters in between the walls to soften the effect within a minimum horizontal spacing of three feet. PL20. Structures throughout the project shall be limited to a maximum of 35' in height or two stories. Any future proposal(s) for a building exceeding 35' in height or two stories shall be subject to the approval of a conditional use permit. Grading & Landscaping PL21. The applicant is required to install landscape and irrigation in compliance with the approved plans, consistent with both the City's UDC and the Los Angeles County Fire Department Fuel Modification Unit requirements. PL22. The overall slope, height or grade of any cut or fill slope shall be developed to appear similar to the existing natural contours in scale with the natural terrain of the subject site. PL23. Where any cut or fill slope exceeds 10 feet in horizontal length, the horizontal contours of the slope shall be developed to appear similar to the existing natural contours unless modified by the City Council. PL24. Grading shall be phased so that prompt re -vegetation or construction will control erosion. Where possible, only those areas that will be immediately developed, resurfaced, or landscaped shall be disturbed PL25. No excavation or other earth disturbance shall be permitted on any hillside area prior to the issuance of a grading permit, with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. These trenches are to be properly backfilled and, in addition, erosion treatment shall be provided where slopes exceed 20 percent. PL26. Disclosure information identifying transition lot data shall be recorded within the title report(s) for affected properties. A property whose grading plan identifies a cut and fill daylight line that travels through the building pad area, and properties where a transition lot has been over -excavated to relocate a cut and fill daylight line, are both considered "affected properties." The data to be recorded shall consist of text identifying the parcel as a transition lot, and a map identifying the location of the existing cut and fill daylight line, or the prior location and relocated cut and fill daylight line, whichever is appropriate. Resolution P05.18, Exhibit A Master Case 04.486 Conditions of Approval Page 5 of 23 PL27. Landscape coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation. Plant material shall be selected according to compatible climatic, soil and ecological characteristics of the region. A City -approved irrigation system shall be utilized for plant establishment, but plant materials that require excessive water after becoming established shall be avoided. Native plant materials or compatible, non-native plant materials shall be selected. PL28. Prior to issuance of grading permit, the applicant shall provide final landscape, light, and irrigation plans for the review and approval of the Planning Division. These plans shall be consistent with the approved preliminary plans and be prepared by a licensed landscape architect. PL29. Slope planting and irrigation plans may be separate from the residential area plans. PL30. The plant palette shall not include any plants listed as invasive exotic pest plants by the California Invasive Plant Council. PL31. Slope plant materials shall emphasize those native to the Santa Clarita Valley region and shall be compatible with the existing hydroseeded species. PL32. Trees visible from the property's public street frontage shall be a minimum 24" box size, and shall include a proportionate distribution of 36", 48", and 60" box -size specimens. PL33. Where fuel modification requirements reduce the total number of trees, proportionate increases in tree specimen size will be required throughout the project site. PL34. The applicant shall apply jute netting five feet (5') high and higher in vertical elevation and elsewhere where needed for erosion control. PL35. The applicant shall place water -conserving mulching material on all exposed soil in planting areas not covered by turfgrass. Mulching material may include, and is not limited to, shredded bark, river rock, crushed rock, pea gravel, etc., and must be al least three (3) inches deep. . PL36. Prior to occupancy, the applicant shall install all proposed irrigation and landscaping, including irrigation controllers, staking, mulching, etc., to the satisfaction of the Planning Division. The Director of Planning and Economic Development may impose inspection fees for more than one landscape inspection. PUT The applicant does not have approval to impact any portion of the Primary Ridgeline on the west of the project site. During a staff site visit to the project site, it was determined that the base of the Primary Ridgeline ends west of a Mexican Fan Palm, generally located on the zoning boundary line in the center of the project site. The project includes locating five buildings west Resolution P05-18, Exhibit A Master Case 04-486 Conditions of Approval Page 6 of 23 of this tree, and therefore, the development will not impact the base of the designated Primary Ridgeline. PL38. 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. PL39. Continuous concrete curbing at least six (6) inches high and six (6) inches wide shall be provided at least (3) feet from any wall, fence, property line, walkway or structure when adjacent to any parking and/or drive aisles. This 3 -foot area shall be landscaped except as permitted by the Director of Planning and Economic Development per Section 17.18.070.E.9 of the Unified Development Code. PL40. Prior to the recordation of an applicable final tract/parcel map, the applicant is required to pay a park in -lieu fee equal to the amount of land established per the UDC. This fee is payable to the City of Santa Clarita Department of Parks, Recreation and Community Services. PIAL Plantings shall include trees in interior courtyards and along the Sierra Highway frontage. Siena Highway frontage trees shall include a proportionate number of 36", 48" and 60" boxed f trees, and include mitigation oak trees as approved by Urban Forestry. t PL42. The Sierra Highway frontage planting shall contain plant materials to add foliage and floral display along the face of the retaining wall, such as climbing roses or Firethom (Pyracantha sp.) on wire trellis supports, clinging vines such as Boston Ivy (Parthenocissus tricuspidata), ornamental grasses or flax, or medium-sized shrubs such as Toyon (Heteromeles arbutifolia) or Oleander cultivars (Nerium oleander). PL43. Show clinging vines on exterior walls of all trash enclosures. PL44. The planting plan shall contain a note requiring all exterior ground -mounted equipment to be screened with plant materials to the extent possible. PL45. The applicant shall design all irrigation systems for water conservation. PL46. The applicant shall place water -conserving mulching material on all exposed soil in planting areas not covered by turfgrass. Mulching material may include, and is not limited to, shredded bark, river rock, crushed rock, pea gravel, etc., and must be at least three (3) inches deep. Architecture PL47. The three architectural styles proposed are efficiently articulated and compliment the aesthetic quality depicted in the City's Design Guidelines. The buildings incorporate four-sided Resolution P05-18, Exhibit A Master Case 04486 Conditions of Approval Page 7 of 23 architecture with a nice mix of materials and varying wall planes and roof lines. The structures shall be constructed in conformance with the approved elevations. PL48. Trash containers shall be located at the terminus of the private driveways, in less visible locations, though accessible to the residents of the development, as shown on the map. PL49. Trash enclosure shall be appropriately articulated and screened per the City's design. guidelines. PL50. The materials proposed for the bus shelter/pad shall be complimentary to the overall site design and incorporate the design elements proposed for the structures on the site. PL51. The private driveway entrance to the site shall include pavers. Enizineering 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 building 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 label driveways as "Private Driveway and Fire Lane" on the map, as directed by the City Engineer. EN4. Prior to final map approval, the applicant shall remove existing structures. ENS. Prior to final map approval, the applicant shall quitclaim or relocate easements running through proposed structures, as directed by the City Engineer. EN6. 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. EN7. 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 Resolution P05-18. Exhibit A Master Case 04-486 Conditions of Approval Page 8 of 23 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. EN8. 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." 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. Resolution P05-18, Exhibit A Master Case 04486 Conditions of Approval Page 9 of 23 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 'T" 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. EN9. Prior to final map approval, the applicant is tentatively required to grant easements on the final map, subject to review by the City Engineer to determine the final locations and requirements. Condominium Requirements EN10. 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. EN11. 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 spacelcommon lots. Grading, Drainage and Geology EN12. Prior to issuance of grading permits, the applicant shall submit a grading plan consistent with the approved tentative map, oak tree report and conditions of approval. The grading plan shall be based on a detailed engineering geotechnical report specifically approved by the geologist and/or soils engineer that addresses all submitted recommendations. EN13. Prior to final map approval, the applicant shall dedicate all required easements on the final map; and prior to occupancy, construct required drainage improvements. EN14. 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. EN15. 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. EN16. 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. Resolution P05-18, Exhibit A Master Case 04-486 Conditions of Approval Page 10 of 23 EN17. 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. EN18. Prior to final map approval, the applicant shall submit drainage plans and necessary support documents to comply with Engineering requirements, as directed by the City Engineer. EN19. 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. EN20. 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. EN21. 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. EN22. 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. EN23. Prior to final map approval, the applicant shall establish a Property/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. EN24. Prior to final map approval or grading plan approval, the applicant shall have approved by the City Engineer, a drainage study demonstrating that post -development flows from the site will not be increased from pre -development flows, or mitigate for the increase. EN25. Prior to issuance of building permits, the applicant shall construct all grading and drainage facilities within the project site. EN26. 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. Resolution P05-18, Exhibit A Master Case 04-486 Conditions of Approval Page 11 of 23 EN27. This site is located in Zone "A" per the Federal Flood Insurance Rate Map. Upon completion of storm drain facilities, applicant shall complete procedures for revising the Rate Map. EN28. Specific drainage requirements for the site will be established at building permit application. Flood Plain/Hazard Requirements EN29. 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, 1'-0" in addition to the depth number. The applicant shall provide a post -construction elevation certificate prior to occupancy. Street Improvement Requirements EN30. 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. EN31. 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. EN32. 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. EN33. 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. EN34. Prior to final map approval, the applicant shall -dedicate additional street right-of-way for a total of 58 feet from centerline on Sierra Highway within the project site, as directed by the City Engineer. Resolution P05-18, Exhibit A Master Case 04486 Conditions of Approval Page 12 of 23 EN35. Prior to occupancy, the applicant shall construct the following required street improvements: Street Name Curb & Base & Gutter Paving Street Lights Street -Sidewalk I Landscaped Trees (5'min) Median Sierra Highway X X X X X X EN36. 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. EN37. 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. EN38. 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. EN39. 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. EN40. Prior to final map approval, the applicant may be required to dedicate sidewalk easements sufficient to encompass the ADA specification sidewalks installed with drive approaches per the current City standard APWA 110-1, type C or equivalent; and prior to occupancy, construct all such drive approaches using a modified commercial driveway design that will provide a street/drive approach transition with a maximum algebraic grade difference of 7%. Construction details shall be shown on the street plan providing a transition no greater than this maximum. EN41. Prior to final map approval, the applicant shall dedicate the right to prohibit direct vehicular ingress and egress rights on the final map on Sierra Highway. EN42. Prior to final map approval, the applicant shall pay street maintenance fees to cover the cost of one-time slurry seal of all pavements constructed as public streets within the development. EN43. 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. Resolution P05-18. Exhibit A Master Case 04-486 r Conditions of Approval k[ Page 13 of 23 EN44. Prior to occupancy, the applicant shall construct and landscape medians on Sierra Highway, or if medians are not desired at this time, shall pay an in -lieu fee for the cost of construction, as directed by the City Engineer. EN45. Prior to occupancy, the applicant is required to install distribution lines and individual service lines for Community Antenna Television service (CATV) for all new development. EN46. 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. EN47. Prior to occupancy, the applicant shall install additional pavement on Siena Highway to provide for a striped left -turn pocket at the intersection with American Beauty Drive (Private Drive). A striping plan signed by a registered civil or traffic engineer is required for all conditioned left -tum pockets. EN48. 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. EN49. 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. EN50. Prior to occupancy, the applicant shall construct full -width sidewalk at all walk returns. EN51. Prior to occupancy, the applicant shall construct a wheelchair ramp at intersections, as directed by the City Engineer. Trak Requirements EN52. 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 fust building permit. EN53. Access shall intersect with Sierra Highway 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. EN54. 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. Resolution P05-18, Exhibit A Master Case 04-486 Conditions of Approval Page 14 of 23 EN55. Minimum width of all interior two-way driveways, off of the main private driveway, shall be 26 feet and shall be shown on all applicable plans prior to issuance of first building permit. EN56. 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. EN57. The project driveway (extension of American Beauty Drive) shall have a minimum stacking distance (from face of curb) of 100 feet. This shall be shown on all applicable plans prior to issuance of first building permit. EN58. Prior to issuance of the first building occupancy permit, the traffic signal at the intersection of Sierra Highway/American Beauty Drive shall be modified to provide for project access and shall be operational as approved by the City Traffic Engineer. Sewer Improvement Requirements EN59. 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. EN60. 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. EN61. Prior to sewer plan approval or final map approval, the applicant shall show the distance from all sewage disposal components to the proposed lot/parcel lines on plans. If any such sewage disposal component is not on the same lot/parcel as the building it serves, or if it does not meet the horizontal clearance requirement of the Plumbing Code. EN62. 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. EN63. Prior to final map approval, the applicant shall pay sewer reimbursement charges as determined by the City Engineer or the County of Los Angeles. EN64. The discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. The deposit is required upon submittal of final map and easement documents. EN65. 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, Resolution P05-18, Exhibit A Master Case 04-486 Conditions of Approval Page 15 of 23 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 EN66. 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. [ J Bouquet Canyon Bridge and Thoroughfare District ($14,730) [X] Eastside Bridge and Thoroughfare District ($15,250) [ ] Valencia Bridge and Thoroughfare District ($10,930) [ J Via Princessa Bridge and Thoroughfare District ($16,080) The fee shall be calculated as follows: Townhouse = the number of units (55), times the district rate ($15,250), times 0.8; which is equal to $ 671,000 until June 30, 2005. The fee is subject to change and is based on the rate at the time of payment. EN67. 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. EN68. 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 DeQartment FD1. Show all existing fire hydrants on Sierra highway and American Beauty Way, on the project site frontage. FD2. Access shall comply with Section 902 of the Fire Code,. which requires all weather access. All water access may require paving. Resolution POS -18, Exhibit A Master Case 04-486 Conditions of Approval 1 Page 16 of 23 FD3. Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. FD4. 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. FD5. 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. FD6. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. FD7. This property is located within the area described by the Fire Department as "Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A "Fuel Modification Plan" shall be submitted and approved prior to final map clearance. (Contact Fuel Modification Unit Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702-2904, Phone (626) 969-5205, for details). FD8. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. FD9. Additional fire protection systems shall be installed in lieu of suitable access and/or fire protection water. FD 10. The final concept map, which has been submitted to this department for review, has fulfilled the conditions of approval recommended by this department for access only. FD 11. These conditions shall be secured by 4 C.U.P. and/or Covenant and Agreement approved by the County of Los Angeles Fire Department prior to final map clearance. FD 12. The Fire Department has no additional requirements for this division of land. FD13. Provide driveway widths as indicated on the site plan. The driveways are to be clear -to - sky, and, for driveways less than 34 feet in width, are to posted and red curbed "NO PARKING—FIRE LANE There shall be no obstruction in any portion of the driveway. FD 14. 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. Resolution P05-18, Exhibit A Master Case 04-486 Conditions of Approval Page 17 of 23 w FD15. The required fire flow for public fire hydrants at this location is 8000 gallons per minute at 20 psi for a duration of 5 hours, over and above maximum daily domestic demand. 3 Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. FD16. The required fire flow for private on-site hydrants is gallons per minute at 20 psi. Each private on-site hydrant must be capable of flowing gallons per minute at 20 psi with two hydrants flowing simultaneously, one of which must be the furthest from the public water source. FD 17. Fire hydrant requirements areas follows: • Install 4 public fire hydrant(s). FD18. All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AW WA standard C503 or approved equal. All on-site hydrants shall be installed a minimum of 25' feet from a structure or protected by a two (2) hour rated firewall. FD19. 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. FD20. The County of Los Angeles Fire Department is not setting requirements for water mains, fire hydrants and fire flows as a condition of approval for this division of land as presently zoned and/or submitted. FD21. Additional water system requirements will be required when this land is further subdivided and/or during the building permit process. FD22. Hydrants and fire flows are adequate to meet current Fire Department requirements. FD23. Upgrade not necessary, if existing hydrant(s) meet(s) fire flow requirements. FD24. Submit complete (original only) fire flow availability form to this office for review. FD25. Four (4) copies of the water plans shall. be submitted to the Fire Department's Land Development Unit for review. FD26. All hydrants shall be installed in conformance with Title 20, County of Los Angeles Government Code and County of Los Angeles Fire Code, or appropriate City regulations. This shall include minimum six-inch diameter mains. Arrangements to meet these requirements must be made with the water purveyor serving the area. Resolution P05-18, Exhibit A Master Case 04-486 Conditions of Approval Page 18 of 23 Building and Safety BUL All structures shall comply with the detailed requirements of the following: • 2001 California Building, Mechanical, Electrical and Plumbing Codes, • 200I California energy code with AB970 Amendments to Title 24, and • 2002 City of Santa Clarita amendments to the California codes. BU2. A complete soils and geology report will be required for the project. Three sets of the report shall be formally submitted to the Engineering Division for review and approval. One copy of the report shall be submitted to Building and Safety for review at the time of plan submittal for building permits. BU3. Prior to issuance of building permits: • Rough grading and/or recompaction (if proposed) must be completed • A final compaction report and Rough Grading Certification shall be submitted to and approved by the Engineering Division • A copy of the final compaction report shall be reviewed by Building and Safety. BU4. All structures shall be setback from any ascending and descending slopes per section 1806.5 of the California Building Code. BUS. The common area portions of the project shall fully comply with the disabled access requirements as specified in Chapter 11B of the California Building Code. BU6. The property is located within 1000 feet of a natural hillside brush area and shall comply with the City's Fire Hazard Zone Ordinance. BU7. Prior to issuance of building permits, additional clearances will be required from: • William S. Hart School District and appropriate elementary school district, • Castaic Lake Water Agency, • L. A. County Sanitation District, • L. A. County Environmental Services (Health Dept.), and • L. A. Co. Environmental Programs (Industrial Waste). BUB. At the time of application for a building permit, please submit two complete sets of the following construction documents for plan review: • architectural, • structural, • mechanical, electrical and plumbing plans, • structural and energy calculations, • soil report, truss drawings and calcs, etc., and • a single copy of the current tax assessor's map. Resolution P05-18. Exhibit A Master Case 04-486 Conditions of Approval Page 19 of 23 BU9. The following shall be submitted with a building permit appilcation: A. Provide a Building Code Analysis containing: the Type of Construction, the height of the buildings, the number of stories, the basic allowable area per the building code, the actual area of the buildings with area justification calculations and other related data. B. Clearly note the distances between buildings (Note: Individual, adjacent buildings must be constructed to satisfy the proximity to property line requirements when an imaginary property line is drawn between them.) C. All on-site private sewer lines and laterals shall have a minimum 2% slope per CPC Chapter 7. D. Each individual structure requires a separate building permit. (i.e. trash enclosures, garden walls, retaining walls, parking lot lights and etc.) E. Prior to submitting plans to Building and Safety for construction permits, contact Deanna Hamrick, (661) 2554935, for addresses. An application, a Site Plan and a Floor Plan will be required. BU10. The City of Santa Clarita is scanning plans for permanent storage. To facilitate that effort, please incorporate the following data/features into the plans submitted to Building and Safety for construction permits A. The Permit Number, Sheet Title, and the Sheet Number shall be located in the lower right hand corner of each sheet of the drawing per the following example: (The sheet number total is the total in the appropriate trades.) PERW* 200301459 SHEET TITLE: 2ndFLOOR PLAN =W! B. A copy of the Planning Conditions shall be incorporated into the plans as a full size sheet. C. The Truss drawings shall be incorporated into the plans as a full size sheet for approval. The standard booklet is acceptable until the plans are ready for approval. D. ICBO and other outside agency reports shall also be incorporated into the plans as a full size sheet for approval. 8-1/2" by 11' stapled to the plans will no longer be accepted for a permit. E. The Recommendation Section of the Soils Report shall be incorporated into the plans on full size sheets. Resolution P05-18, Exhibit A Master Case 04486 Conditions of Approval Page 20 of 23 [[[ Parks and Recreation PRI. Prior to the recordation of an applicable final tract 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. Environmental Services ENl. 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) attached. EN2. This project is greater than one acre in size; therefore, it is subject to a General Construction Permit under the City's Municipal Stormwater Permit. The applicant must submit a State Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP) to the City prior to obtaining a grading permit. EN3. Upon formal submittal, the applicant shall be required to pay the USMP review fee of $1,230.00 and the $470.00 SWPPP review fee payable to the City of Santa Clarita. EN4. Provide sufficient trash enclosures to house at least 6 three -yard bins. Three of the bins shall be reserved for recyclable materials only. The enclosures should be shown on the site plan, consistent with the surrounding architecture and shall be constructed with a solid roof. The enclosure shall be located to provide convenient pedestrian and collection vehicle access. Landscape Maintenance District LMD1.Prior to the recordation of a map, the property must be annexed in to the City's landscape Maintenance District (LMD) for the maintenance of medians and streetscapes within the City. The property shall annex at the standard rate based on the zoninglusage of the property. LMD2. No on site landscaping or parkways will be allowed into an LMD. Transi TRL The Transit Impact Fee does apply to this project. Currently, the rate is $200.00 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. Resolution P05-18, Exhibit A Master Case 04.486 Conditions of Approval Page 21 of 23 TR2. The applicant shall construct a pedestrian path from the bus stops to the development. This path shall be shown on the map. TR3. The applicant is required to provide a bus stop at southbound Sierra Highway at American Beauty to the satisfaction of the Director of the City's Field Services Department. TR4. The bus stop shall consist of a 10' x 20' concrete passenger waiting pad to be installed behind the sidewalk. TRS. Prior to occupancy of the first building, the bus stop shall be installed to the satisfaction of the Director of Field Services Department. TR6. At the location of the bus stop, the sidewalk shall meet the street for no less than 20 feet. TR7. The applicant shall construct an in -street concrete pad pursuant to the current City of Santa Clarita standards and APWA 131-1. Urban Forestry UFL The applicant and their contractors shall be compliant with the City of Santa Clarita Oak Tree Ordinance and Preservation and Protection Guidelines at all times throughout the said project. UF2. The applicant and their contractors shall adhere to all recommendations set forth in the oak tree report prepared by the applicant's project arborist Bob Wallace of Tree Life Concern dated November 22, 2004 at all times throughout construction. UF3. All work being performed within the protected zone of the oak tree shall be monitored by the applicant's project arborist at all times unless waived by the City Oak Tree Specialist. Daily .reports (including photos) of all activity within the protected zone of the oak tree shall be submitted to the City Oak Tree Specialist at the end of each week during the said project. UF4. The applicant shall retain the services of an approved qualified tree relocating company to perform the removal and relocation of said oak tree. This company shall be approved by the City of Santa Clarita Planning and Economic Development and the City of Santa Clarita Oak Tree Specialist. UFS. Demolition of surrounding buildings is necessary for proper removal of the said oak tree. The applicant shall take extreme care when removing structures that cannot be towed away from the protective zone of the oak tree. UF6. All remaining demolition within the oak trees protected zone shall be performed by the use of hand tools only. At no time shall the use of backhoes, graders, loaders, or any other form Resolution. P05-18, Exhibit A Master Case 04486 Conditions of Approval Page 22 of 23 of construction equipment be permitted within the protected zone of the oak tree unless waived by the City of Santa Clarita Department of Planning and Economic Development and the City Oak Tree Specialist. UF7. Upon completion of side pruning the roots of the said oak tree as necessary for removal and relocation, a minimum 90 day stand bye period shall be required prior to the cutting of bottom roots unless waived by the City Oak Tree Specialist. UF8. Upon completion of the removal and relocation of said oak tree, protective fencing consisting of chain link material shall be installed at the oak trees original protected zone (regardless of root loss due to side pruning). UF9. The applicant shall install under the canopy of the relocated oak tree, natural wood chips or mulch 3-4 inches thick. UF10. A single layer of sand bags shall be installed at the base of the protective fencing to eliminate any run-off of liquid contaminates from entering the protected zone of the oak tree. UF11. Protective fencing shall be a minimum height of five (5') feet and shall not exceed six (6') feet in height. Fencing shall be supported by the use of two (2") steel poles spaced eight (8') feet on center and driven directly into the ground. A maximum of two openings no wider than four (4') feet will be allowed at opposite ends of the protective fencing for post -monitoring of the oak tree. UF12. All proposed landscaping under or within the protected zone of the oak trees shall be native material and compatible with the Coast Live Oak Tree. UF13. Minimum five (5) year mitigation is required by the applicant for the relocation of said oak tree. Mitigation shall include the maintenance and monitoring of the oak tree. Quarterly reports of the oak trees health (including photos and recommendations from the project arborist) shall be submitted to the City Oak Tree Specialist for the fust three (3) years followed by biannual reports (1 report every 6 months) for the remaining two (2) years. Upon successful completion of all required mitigation, the applicant shall call the city for a final sign -off of the mitigation. UF14. The applicant shall install the proposed eleven additional coast live oak (Quercus agrifolia) as indicated in the submitted site plans submitted by the applicant. These eleven oak trees shall be in addition to the relocated oak tree. Street Trees UF15. The applicant shall install street trees within the Public Right of Way along Sierra 11iighway per the submitted site plans received on March 30, 2005. Resolution P05-18, Exhibit A Master Case 04-486 Conditions of Approval Page 23 of 23 UF16. All trees planted within the Public Right of Way shall be planted according to the City of Santa Clarita Tree Planting and Staking Detail Sheet. Once planted and approved, these trees shall be protected under City of Santa Clarita Street Tree Ordinance 90-15 chapter 13.76 of the City Municipal Code. UF17. All trees planted within the Public Right of Way shall meet or exceed the California Department of Forestry and Fire Protection Specification Guidelines for Container -Grown Landscape Trees. UF18. All trees planted within the Public Right of Way shall be a minimum size 24" inch box container grown tree. UF19. The applicant shall install lineal root barriers along the edge of the sidewalk and curb. Root barriers shall be 24" inches deep by 10' feet in length and installed on center with each tree planted within the Public Right of Way. UF20. All trees planted within the Public Right of Way in a lawn setting shall have a minimum three (3') foot diameter mulched tree well installed around the base of the tree. UF21. Arbor guards shall be installed around the trunk of all trees planted within the Public Right of Way. UF22. The applicant shall install and maintain irrigation to all trees planted within the Public Right of Way. UF23. Upon completion of the said project, the applicant shall call for a final inspection. At this time, with the approval by the City Oak Tree Specialist, the protective fencing may be removed from around the relocated oak tree and final sign -off will be granted (excluding required five (5) year mitigation period). s*.Vbs\cama6200 \0"86Wraft=.dw