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HomeMy WebLinkAbout2005-06-28 - RESOLUTIONS - MC 04-500 NEGDEC BENEDA MIRROR (4)RESOLUTION NO. 05-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING MASTER CASE 04-500 (GENERAL PLAN AMENDMENT 05-003, ZONE CHANGE 05-003, TENTATIVE TRACT MAP 62252, CONDITIONAL USE PERMIT 04-033, MINOR USE PERMIT 04041 AND HILLSIDE REVIEW 04-011) TO CHANGE THE GENERAL PIAN DESIGNATION OF 9.01 ACRES OF THE SUBJECT SITE TO RESIDENTIAL MODERATE (RM) TO ALLOW FOR THE SUBDIVISION AND CONSTRUCTION OF 34 SINGLE-FAMILY HOMES LOCATED AT BENEDA LANE AND MIRROR WAY IN THE CITY OF SANTA CLARITA WHEREAS, the City Council of the City of Santa Clarita (hereafter "City") hereby makes the following findings of fact: A. An application for Master Case 04-500 (Tentative Tract Map 62252; Conditional Use Permit No. 04-033; Hillside Development Review 04-011; and Minor Use Permit 04-041) was filed by the property owner, W & K Homes, with the City of Santa Clarita Planning Division on December 17, 2004. Revised plans were submitted on February 15, 2005 and the application was deemed complete on February 23, 2005; and B. The application was revised on April 7, 2005, to include General Plan Amendment 05-003 and Zone Change 05-003 to change 9.01 acres of Residential Low (RL) land to Residential Moderate (RM); and C. The property for which this application was filed is located at Beneda Lane/Mirror Way. A General Plan Amendment and zone change is requested to modify the land use designation and zone to Residential Moderate (RM) for the entire site. A tentative tract map and a conditional use permit are requested for a cluster development consisting of 34 multi -family units. A hillside development review is requested for the development of a site exceeding 10% average cross slope and for grading activities exceeding 1,500 cubic yards. A minor use permit is requested for the export of 65,000 cubic yards; and D. The zoning and General Plan designation for the property is RM and RL (Residential Moderate and Residential Low). The eastern 2.62 acres of the site fronting Beneda Lane is RM and the remaining 9.01 acres is RL. As part of the project approval, the land use designation and the zone for 9.01 acres of RL area would be modified to RM, thus creating one zone for the entire project site. The surrounding land uses include residential to the north, south and east (across Beneda Lane), commercial to the east (across Beneda Lane) and vacant land to the west; and E. Access to the site is provided from Beneda Lane and all necessary utilities will be provided to the site; and Resolution No. 05-79 Page 2' F. This project was reviewed pursuant to the provisions of the CaliforniaEnvironmental Quality Act (CEQA). The City of Santa Clarita prepared an Initial Study for the project which determined that the proposed mitigation measures will reduce the impacts associated with the project to a less than significant impact to the environment; and G. The project was duly noticed for a public hearing, however due to project modifications on April 19, 2005, the Planning Commission continued the project to May 17, 2005; and H. The Planning Commission held a duly noticed public hearing on this project 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 the staff presentation, staff report, applicant presentation, public testimony, and the Mitigated Negative Declaration prepared for the project and adopted Resolution P05-14 recommending that the City Council approve Master Case 05-400 subject to the attached conditions of approval (Exhibit A); and 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 9.01 acres of the project site to Residential Moderate (RM) to allow for the construction of 34 townhomes located along Beneda Lane and Mirror Way. WHEREAS, the City Council, has considered the proposed Mitigated Negative Declaration and, based upon the findings set forth below, hereby finds that Mitigated Negative Declaration for this project has been prepared in compliance with CEQA: 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; C. There is no substantial evidence that the project will have a significant effect on the environment. The Mitigated Negative Declaration reflects the independent judgment of the City of Santa Clarita; D. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the City Council is the Master Case 04-500 project file within the Resolution No. 05-79 Page 3' - 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, in making its determination regarding the General Plan Amendment, the City Council has considered certain principles and standards, and finds and determines as follows: A. The project site is zoned RL and RM and the project proposes to change the General Plan and zoning designation of the RL portion of the site to RM. The project implements several goals and policies within the City's General Plan. The proposal of townhomes is consistent with Goal 2 of the City of Santa Clarita's General Plan Land Use Element which states "to achieve the development of a well-balanced functional mix of residential land uses" and Housing Element Goal 1, which states "to provide opportunities for the production of a range of new housing in the planning area to meet the needs of all income groups" The proposed residential development will provide ownership housing opportunities within the RM zone in the community of Canyon Country, thereby implementing both of these goals. The project also meets the intent of Land Use Element Goal 5 which states "to provide protection of the environmental setting and habitat through the location of land uses and the use of sensitive design." This is accomplished with the site layout of the project. No development will occur on the majority of the site thereby reducing the amount of grading to the hillside and preserving the natural appearance of the hillside beyond the proposed units. In addition, a ridgeline exists immediately off-site to the west and the ridgeline and foothills will remain in a natural state thereby creating a sensitive land design to interface with the proposed housing development. WHEREAS, in making its determination regarding Tentative Tract Map 62252, the City Council has considered certain principles and standards, and finds and determines as follows: A. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the Santa Clarita General Plan, this Code, and/or any specific plan: The proposed subdivision will permit the construction of a cluster development totaling 34 multi -family units. The site is 11.63 acres and the units will be developed on the front 2.94 acres located along Beneda Lane. The request to subdivide the property as for sale units is consistent with UDC requirements and meets the intent of the General Plan for multi -family housing. The remaining 8.69 acres of the site will be retained in a natural state and will be maintained by the HOA as common open space area. The site design meets the criteria outlined within the Unified Development Code, including setbacks, parking, height, and the provision of on-site amenities; B. The site is physically suitable for the type of development: Resolution No. 05-79 Page 4 The project site is physically suited for this development because it is 11.63 acres and is located within an existing residential area consisting of a mixture of unit types. The townhomes are designed in accordance with the requirements set forth within the City's General Plan and the Unified Development Code (UDC) for residential development; C. The site is physically suitable for the proposed density of development: The site is located within a hillside area with varying average cross slopes ranging from 12.3% to 47.1%. The site is physically suited for the proposed density because with the approval of the General Plan and zoning designation to RM, the site is permitted to have 34 units. These townhome units will be clustered to preserve the natural topography of the 8.69 acres of the site. This acreage will be retained as permanent common open space area that will be maintained by the HOA. The area consists of a mixture of commercial, single-family and multi -family developments. Due to the mixture of housing units and density within the vicinity, the project is compatible with the neighborhood and as proposed will compliment the community. The project complies with allowable density and will be developed in accordance with the City's UDC. 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 was prepared for the project site to determine the potential for environmental !t impacts. The project site does not have any biological resources that will be impacted by the proposal. The project site largely consists of non-native vegetation and no discernable drainage courses will be impacted as a result of the project; E. The design of the subdivision or type of improvements are not likely to cause serious health problems: The design of the project is consistent with the surrounding neighborhood and will not cause health problems because the community is predominantly residential in nature with some commercial type uses in the vicinity across Beneda Lane and fronting Sierra Highway. The project includes residential uses with associated recreational amenities, which do not typically include hazardous uses that would cause harm to the surrounding community. Furthermore, the residential project meets the criteria in the City's UDC and will operate in harmony with the existing residential units; and 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: The subdivision will not conflict with easements for public access because none exist on the subject site. The project will be required to dedicate land for the roadway improvements as required by the City's General Plan. Beneda Lane will be improved and will consist of Resolution No. 05-79 Page 5 sidewalk, curb, gutter, parkway and street trees. The roadway improvements will provide for improved circulation along Beneda Lane and will meet the City's design standards for roadways. WHEREAS, in making its determination regarding the Hillside Review, the City Council has considered certain principles and standards, and finds and determines 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 the natural topography: The site preparation requires 85,000 cubic yards of grading to establish the building pads. All grading will occur toward the front of the property leaving the majority of the hillside area in a natural state. The proposed grading was designed to stabilize the site by creating a single flat building area along Beneda Lane while preserving the majority of the hillside in a natural state. The proposed slopes will be finished with drainage devices, irrigation and enhanced landscaping to provide for long term erosion control and site stabilization. The building pad will be approximately 15 feet above existing street grade at the front of the site along Beneda Lane while preserving the natural hillside that exist at the middle and rear of the site; and B. Significant, natural, topographic prominent features shall be retained to the maximum extent possible: The development of the site will occur within the front 2.94 acres along Beneda Lane. The foothills set back on the property leading to the off-site ridgeline will be retained and will be permanently maintained by the homeowners association (HOA); and C. Clustered sites and buildings shall be utilized where such techniques can be demonstrated to substantially reduce grading alterations of the terrain and to contribute to the preservation of trees, other natural vegetation and prominent landmark features and are compatible with existing neighborhoods: The project proposes to cluster the development to minimize the amount of development that occurs on natural hillsides leading up the ridgeline that is adjacent to the site. The applicant proposes to develop 34 units within the 2.94 acres of the site fronting Beneda Lane and to preserve the remaining 8.69 acres of hillside. The 8.69 acres will be maintained by the HOA and will be recorded as permanent common open space area for the development; and D. Building setbacks, building heights and compatible structures and building forms that would serve to blend buildings and structures with the terrain shall be utilized: The project consists of two, two -unit buildings and 10 three -unit buildings. Of these buildings, one, two -unit building and five, three -unit buildings will front Beneda Lane with the remaining buildings located in the interior of the site. All buildings are located in Resolution No. 05-79 Page 6 compliance with setback requirements from property lines and between buildings. The buildings have a maximum height of 32 feet and will consist of three architectural styles that will compliment the neighborhood; and E. Plant materials shall be conserved and introduced so as to protect slopes from slippage and soil erosion and to minimize visual effects of grading and construction on hillside areas, including the consideration of the preservation of prominent trees and, to the extent possible, reduce the maintenance const to public and private property owners; As part of the project grading, manufactured slopes will be created, in which the applicant will protect the slopes with landscaping consisting of jute netting, one tree per 150 square feet and one shrub per 100 square feet. In addition, a landscaping plan will be reviewed and approved prior to the development of the site; and F. Curvilinear street design and improvements that serve to minimize grading alterations and emulate the natural contours and character of the hillside shall be utilized: The project site has access from Beneda Lane, an existing roadway. As part of the development, the scope of the project is not large enough to require on-site roadways except for the private drive aisles which will serve the units. Therefore, curvilinear street design does not apply. However, the applicant is required to improve the roadway to City design standards. Access to the units is through the private driveway that will be constructed through the project site. In addition, the grading was designed to stabilize the site and create a flat building pad along Beneda Lane while preserving 8.69 acres of hillside in a natural state. The proposed slopes will be finished with drainage devices, irrigation and enhanced landscaping to provide for long-term erosion control and site stabilization. The building pad will be approximately 15 feet above existing street grade at the front of the site along Beneda Lane while preserving the natural hillside that exists at the middle and rear of the site; and G. Grading designs that serve to avoid disruption to adjacent property shall be utilized: The grading activities will occur predominantly on the front portion of the site, and was designed to stabilize the site by creating the pad along Beneda Lane to maintain the remaining hillside in a natural state. In addition, the grading plans will be reviewed by City staff and all appropriate permits for grading will be obtained and all conditions for grading and building will be complied with and monitored by City staff; and H. Site design and grading that provide the minimum disruption of view corridors and scenic vistas from and around any proposed development shall be utilized: The project site is located along Beneda Lane, west of Sierra Highway. The project will not impact or disrupt any views along Sierra Highway due to the developments that currently exist along Sierra Highway. The project will be minimally visible because all the development will occur on the front portion of the site along Beneda Lane, leaving the remaining hillsides which are visible in a natural state. Resolution No. 05-79 Page 7 WHEREAS, in making its determination regarding the Conditional Use Permit and the Minor Use Permit, the City Council has considered certain principles and standards, and finds and determines as follows: A. That the proposed location, size, design and operating characteristics of the proposed use is in accordance with the purpose of this Development Code, the purpose of the zone in which the site is located, the Santa Clarita General Plan, and the development policies and standards of the City. The project site is located within the Residential Moderate (RM) and Residential Low (RL) zones and will be developed as a multi -family residential project. The development will occur within the 2.94 acres fronting Beneda Lane, preserving 8.69 acres of hillside area, which will be maintained by the HOA. This project is consistent with the surrounding mixture of single- and multi -family residences. Furthermore, the project proposal of townhomes is consistent with Goal 2 of the City of Santa Clarita's General Plan Land Use Element which states "to achieve the development of a well-balanced functional mix of residential land uses" and Housing Element Goal 1, which states "to provide opportunities for the production of a range of new housing in the planning area to meet the needs of all income groups." The proposed residential development will provide ownership housing opportunities within the RM zone in the community of Canyon Country, thereby implementing both of these goals. The project also meets the intent of Land Use Element Goal 5 which states "to provide protection of the environmental setting and habitat through the location of land uses and the use of sensitive design." This is accomplished with the site layout of the project. No development will occur on the majority of the site thereby reducing the amount of grading to the hillside and preserving the natural appearance of the hillside beyond the proposed units. In addition, a ridgeline exists immediately off-site to the west and the ridgeline and foothills will remain in a natural state thereby creating a sensitive land design to interface with the proposed housing development. 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; The applicant proposes to develop a 34 townhome cluster development on 11.63 acres. The purpose of clustering the units is to minimize the amount of development keeping all activities within 2.94 acres of the site fronting Beneda Lane and preserving the remaining 8.69 acres of hillside. The 8.69 acres will be maintained by the homeowners association (HOA) and will be recorded as permanent common open space area for the development. Surrounding properties are developed with a mixture of commercial, single-family and multi -family developments. The project site is located immediately north of an apartment building containing 21 units on .65 acre site. Adjacent to this apartment building are several single-family residences along a private drive with access from Beneda Lane. Further to the south of the site along Resolution No. 05-79 Page 8 Beneda Lane is another apartment building with 30 units on 1.86 acres. Other single-family residences line Beneda Lane to the north and commercial uses and single-family units exist across Beneda Lane to the east. The project will be constructed in accordance with the City's Architectural Design Guidelines and will meet all UDC requirements for multi -family developments. The project is surrounded by a mixture of single- and multi -family residential along with commercial uses along Beneda Lane and fronting Sierra Highway. Therefore, the project will be consistent with the scale and density, and will be designed in a manner that will not negatively impact the surrounding land uses. Furthermore, the proposed project involves grading approximately 85,000 cubic yards of earth to level and prepare the site for building pads and roadways, and to install underground utilities. The project includes exporting up to 65,000 cubic yards of earth material to a site located approximately .15 miles south of the proposed development. The transport of the earth material will occur for approximately three months during 8:30 a.m. to 3:30 p.m. to reduce the amount of disturbance to the surrounding residences. 2. The availability of public facilities, services, and utilities; The project will have all services and utilities provided as part of the implementation of the project. 3. The harmful effect, if any, on desirable neighborhood character; and The proposed residential development is located within an area already consisting of a variety of residential uses. The site is zoned for residential development, which will be mostly constructed within the front portion of the site thereby preserving the natural hillside as common open space area for the development. The project will have adequate access from Beneda Lane and will meet all UDC requirements, including setbacks, height, parking and landscaping. Therefore, this development will not have any harmful impacts on the surrounding neighborhood. The transportation of the 65,000 cubic yards of earth material will not have a harmful effect on the surrounding neighborhood because the hauling will be completed within three months and will occur during the hours of 8:30 am. and 3:30 p.m. 4. The generation of traffic and the capacity and physical character of surrounding streets; As part of project implementation, the applicant will be required to dedicate additional right-of-way and construct full street improvements to meet City design standards. With these improvements and the provision of on-site parking, the project will not impact the capacity of the surrounding streets. Resolution No. 05-79 Page 9 As the grading activities occur for the project site, the transportation of 65,000 cubic yards to a site located approximately .15 miles south of the project site. All hauling activities will occur during the daytime and are necessary to prepare the site for construction. The hauling route consists of Beneda Lane to Mirror Way and right onto Sierra Highway where the other development site is located. After stockpiling the earth material onto the site, the trucks will travel north on Sierra Highway to Mirror Way and back to Beneda Lane. These activities will take approximately three months and this truck traffic generation will not permanently impact the capacity or character of the roadways. 5. The suitability of the site for the type and intensity of use or development which is proposed. The project consists of a multi -family development which is designed to minimize the disruption to surrounding natural resources and is consistent with the General Plan land use designation and zoning for the property. All grading will occur toward the front of the site and the excess earth material will be transported to a site on Sierra Highway for a proposed residential development. 6. The harmful effect, if any, upon environmental quality and natural resources. An initial study was prepared and based on the information regarding the project all potential impacts can be mitigated to a level of less than significant. The site will remain largely undeveloped and preserved as common open space area for the development thereby leaving the majority of the topographical features will remain intact after project implementation. 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 project will be operated and maintained in an appropriate manner that will not negatively impact the public's health, safety or welfare because the proposed project consists of residential uses. No other uses will occur and therefore, it is not expected that the project will be injurious to the general public. The proposed residential project requires approximately 85,000 cubic yards of grading activities to prepare the site for development. Of these 85,000 cubic yards, 65,000 cubic yards of earth material will be exported. The proposed grading was designed to stabilize the site by creating a single flat building area along Beneda Lane while preserving the majority of the hillside in a natural state. The proposed slopes will be finished with drainage devices, irrigation and enhanced landscaping to provide for long-term erosion control and site stabilization. The exported material will be transported to a nearby residential development site and will be transported in accordance with the conditions of approval; and Resolution No. 05-79 Page 10 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. The project does not require approval of a variance or adjustment. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Based upon the testimony and other evidence, if any, received at the public hearing, and upon studies and investigations made by the City Council and on its behalf, the Council further finds and determines that this proposal is consistent with the City's General Plan, as amended, including the land use designation for the project site of Residential Moderate. SECTION 2. The City Council does hereby approve the following entitlements requested under Master Case 04-500: General Plan Amendment 05-003 (Amending the Land Use Map, Exhibit B Attached), Zone Change 05-003, Tentative Tract Map 62252, Conditional Use Permit 04-033, Minor Use Permit 04-041, and Hillside Review 04-011 subject to the conditions of approval as referenced herein as Exhibit A. SECTION 3. This resolution will take effect upon the adjournment of the City Council's June 28th City Council meeting. The change to the City's General Plan contemplated herein will take effect upon adjournment of the June 28, 2005 City Council meeting simultaneously with any other changes to the General Plan approved by the City Council at that same meeting so that for purposes of Government Code Section 65358, all such changes shall constitute one amendment to the General Plan. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this 28th day of June, 2005. MAYOR ATTEST: J✓� `�'.-,-`fit Resolution No. 05-79 Page i 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARTTA) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 28th day of June, 2005, by the following vote: AYES: COUNCn I�M13ERS: Kellar, Ferry, McLean, Weste, Smyth NOES: COUNCR MEMBERS: None ABSENT: COUNCH vMNMERS: None STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CrrY 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. 05-79 adopted by the City Council of the City of Santa Clarita, California on June 28, 2005, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20_ Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk EXHIBIT A MASTER CASE 04-500 GENERAL PLAN AMENDMENT 05-003; ZONE CHANGE 05-003; TENTATIVE TRACT MAP 62252; CONDITIONAL USE PERMIT 04-033; HILLSIDE REVIEW 04-011; MINOR USE PERMIT 04-041 FINAL CONDITIONS OF APPROVAL GENERAL CONDITIONS GCI. The approval of this project shall expire if not put into use within two years from the date of this approval, unless it is extended in accordance with the terms and provisions of the City of Santa Clarita's Unified Development Code. GC2. The applicant may file for an extension of the approved project prior to the date of expiration. If such an extension is requested, it must be filed no later than 60 days prior to expiration. GC3. This grant shall not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed with the Director of Planning and Economic Development, their affidavit (Acceptance Form) stating that they are aware of, and agree to accept, all of the conditions of this grant. GC4. 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 30 days of said change. GC5. Details shown on the site plan are not necessarily approved. Any details which are inconsistent with the requirements of state or local ordinances, general conditions of approval, or City policies and not modified by this permit must be specifically approved. GC6. The Sanitation Districts are empowered by the California Health and Safety Code to charge a fee for the privilege of connecting to the Sanitation Districts' Sewerage System or increasing the existing strength and/or quantity of wastewater attributable to a particular parcel or operation already connected. A connection fee is required to construct an incremental expansion of the Sewerage System to accommodate the proposed project that will mitigate the impact of this project on the present Sewerage System. Payment of a connection fee will also be required before a permit to connect to the sewer is issued. GC7. Individual developments associated with the proposed project may require a Districts' permit for Industrial Wastewater Discharge. The project developer shall contact the Sanitation Districts' Industrial Waste Section in order to reach a determination on this matter. If this permit is necessary, project developers shall forward a copy of final plans for proposed development(s) to the Districts for review and approval prior to the issuance of building permits. Resolution POS -14 Master Case 04-500 May 17, 2005 Page 2 of 19 GC8. The applicant shall accept the Storm Drainage Fee established by the City of Santa Clarita required by Government Code Section 66018 and City Ordinance No. 94-7, establishing storm drainage activity of the City as a utility enterprise. GC9. Unless otherwise apparent from the context, the term "applicant" shall include the applicant and any other persons, corporation, or other entity making use of this grant. The applicant shall defend, indemnify, and hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul the approval of this project, including any related environmental approvals. In the event the City becomes aware of any such claim, action, or proceeding, the City shall promptly notify the applicant, or if the city fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing contained in this Condition prohibits the City from participating in the defense of any claim, action, or proceeding, if both the following occur: 1) the City bears its own attorney's fees and costs; and 2) the City defends the action in good faith. The applicant shall not be required to pay or perform any settlement unless the settlement is approved by the applicant." GC 10. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the City may commence proceedings to revoke this approval. PLANNING DIVISION PLI. The applicant is granted approval of a General Plan Amendment and zone change for 9.01 acres of Residential Low (RL) land as identified on the approved site plan to Residential Moderate (RM). PL2. The applicant is granted approval of Tentative Tract Map 62252 and Conditional Use Permit 04-033 for the construction of 34 townhome units on the 2.94 acres fronting Beneda Lane as shown and approved on the site plan. PL3. The applicant is granted approval of Hillside Development Review 04011 and Minor Use Permit 04-041 for the development of a site with an average cross slope of 36%, for grading activities not to exceed 85,000 cubic yards and for the export of 65,000 cubic yards of earth material. PLA. The remaining 8.69 acres of the project site shall be permanently recorded as common open space area for the development and shall be maintained by the homeowner's association. - PL5. Each unit shall maintain a two -car garage with a minimum interior dimension of 20 feet Resolution P05-14 Master Case 04-500 May 17, 2005 Page 3 of 19 by 20 feet, free and clear of any obstruction. One guest space for every two units shall be maintained on-site. PL6. The following recreation facilities shall be constructed in substantial conformance to the approved map: Landscaped park like quiet area; Children's play area; and Family picnic area PL7. 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. PL8. All light sources shall be directed downward and shielded to prevent glare and spillover from adjacent streets and properties. All lighting structures shall not exceed 30 feet in height. PL9. All hauling activities shall be permitted to occur between Monday through Friday during the hours of 8:30 a.m. to 3:30 p.m. PL10. All of the pedestrian walkways provided and the driveway entrance shall not be striped with paint, but shall consist of decorative pavers to the satisfaction of the Director of Planning and Economic Development. PL11. The site plan for the multi -family project shall show the locations of the fire flow check valve, Edison transformers and other types of objects that can be seen from the street. The location and screening of these objects is subject to the review and approval of the Director of Planning and Economic Development. PL12. Prior to occupancy, the applicant shall provide approximately 9,200 square feet of recreational area consisting of a picnic area, a basketball court, a tot lot and a passive recreational area subject to review and approval by the Director of Planning and Economic Development. PL13. During construction, all exterior changes, including but not limited to landscaping, walkways, and building elevations, shall be approved by the Planning Division. PL14. Construction hour; will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and between 8:00 am. and 6:00 p.m. on weekends, unless traffic volumes or public safety issues warrant otherwise (as determined by City, County or State officials). No construction on Sundays and legally proclaimed holidays will occur. Resolution P05-14 Master Case 04-500 May 17, 2005 Page 4 of 19 PL15. The project shall comply with all applicable City of Santa Clarita noise regulations during the construction period. Where noise impacts from construction activities prove to unduly interfere with operations of businesses, the applicant will erect temporary noise barriers where they do not restrict access to residences or businesses and where they do not affect visibility of businesses. PL16. The applicant shall obtain Planning Division approval for one monument sign not to exceed three and one-half feet in height proposed to identify the residential project's name prior to its placement on the property. PL17. All Final Maps shall be in substantial conformance with the tentative parcel map, site plan, landscape plan, and architectural elevations approved by the Planning Commission on May 17,.2005. PL18. 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. 04-500. LANDSCAPING PL19. Prior to issuance of grading permit(s), the applicant shall provide final landscape, lighting and irrigation plans for Planning Department/Landscape Review Consultant review and approval. The plan must be prepared by a landscape architect registered in the state of California. Landscape plans shall contain all elements required by the Development Review checklist for preliminary landscape plans, shall be materially similar to those approved by the Planning Commission and/or City Council, and shall conform to the following: a. Provide a minimum of 50 trees per gross acre of the site, 20% at minimum 24 -inch box size and 70% at minimum 15 -gallon size, and the remaining 10% may be five - gallon size (should this be infeasible based on Fuel Modification requirements, the applicant may substitute appropriate revision subject to the review and approval by the Director of Planning and Economic Development); b. Cluster trees and shrubs on the graded slope in a natural, not a rectilinear/grid pattern; c. Show clinging vines on exterior walls of the trash enclosures; and d. The applicant shall design all irrigation systems for water conservation. PL20. 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.The Resolution P05-14 Master Case 04-500 May 17, 2005 Page 5 of 19 applicant shall apply jute netting to all graded slopes five feet and higher in vertical elevation and elsewhere where needed for erosion control, and shall landscape graded slopes (Municipal Code/UDC § 17.28.020(B)). Planting shall include one tree per 150 square feet of slope area and one shrub per 100 square feet of slope area (Municipal Code,VDC§ 17.80.040(x)(3)). PL21. Trees planted within fourteen feet of the paved road section along Beneda Lane shall conform to Municipal Code/UDC § 13.76.110 et seq (Parkway Tree Influence Area) and City Ordinance 92-38 (Parkway Influence Area). The homeowners association shall irrigate and maintain these trees according to City standards. PL22. Trees planted within City right-of-way shall conform to Municipal Cod&UDC § 13.76 et seq. PL23. 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 inches deep. PL24. Prior to occupancy, the applicant shall install g_ll proposed irrigation and landscaping, including irrigation controllers, staking, mulching, etc., to the satisfaction of the Director r of Planning and Economic Development. The Director may impose inspection fees for ( more than one landscape installation inspection. PL25. Prior to occupancy, the applicant shall submit a letter from the project landscape architect certifying that all landscape material and irrigation have been installed and function according to the approved landscape plans to the Director of Planning and Economic Development. PL26. Prior to the recordation of an applicable final tract map, a homeowner's association (HOA) shall be formed to have responsibility and authority of all maintenance, including but not limited to landscaping, irrigation, slopes and drainage devices. URBAN FORESTRY UFI. The applicant shall be required to incorporate native tree species for the cut slopes. Examples of approved trees would include the Coast Live Oak (Quercus agrifolia), Canyon Oak (Quercus chrysolepis), Blue oak (Quercus douglasii) and the California sycamore (Platanus racemosa). All trees planted within the slope areas shall be planted in accordance with the Unified Development Code, Los Angeles County Fuel Modification Plan and shall be approved by the Department of Planning and Economic Development. ResolutionPOS-14 Master Case 04-500 May 17, 2005 Page 6 of 19 UF2. The applicant shall submit a revised landscape plan prior to final approval indicating the addition and location of native tree species. STREET TREES: UF3. The applicant shall be required to install street trees within the public right-of-way along Beneda Lane. Spacing of parkway trees shall be a minimum distance of 30 feet on center and shall not exceed 40 feet on center at any time. UF4. The applicant shall submit a revised landscape plan prior to final approval that identifies the location and species proposed for planting within the public right-of-way. This species shall be approved by the Urban Forestry Division. UF5. 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. UF6. 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. UF7. All trees planted within the public right-of-way shall be a minimum size 24 -inch box container grown tree. UF8. 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. UF9. All trees planted within the public right-of-way in a lawn setting shall have a minimum three foot diameter mulched tree well installed around the base of the tree. UF10. Arbor guards shall be installed around the trunk of all trees planted within the public right-of-way. UFII. The applicant shall install and maintain irrigation to all trees planted within the public right-of-way. UF12. 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 and the Department of Planning and Economic Development final sign -off shall be issued for required tree plantings. UF13. The applicant may contact the City Oak Tree Specialist at (661) 294-2548 for any questions or comments related to the above Conditions of Approval. Resolution P05-14 Master Case 04-500 May 17, 2005 Page 7 of 19 BUILDING AND SAFETY DIVISION BSI. All structures shall comply with the detailed requirements of the 2001 California Building, Mechanical, Electrical and Plumbing Codes, 2001 California energy code with AB970 Amendments to Title 24, and 2002 City of Santa Clarita amendments to the California codes. A copy of the City amendments is available at the Building and Safety public counter and on our website at www.santa-clarita.com. BS2. Prior to the issuance of grading permits, a complete soils and geology report will be required for the project. Three sets of the report shall be formally submitted to the Engineering Division for review and approval. One copy of the report shall be submitted to Building and Safety for review at the time of plan submittal for building permits. BS3. Prior to issuance of building permits; a. Rough grading and/or recompaction (if proposed) must be completed b. A final compaction report and Rough Grading Certification shall be submitted to and approved by the Engineering Division c. A copy of the final compaction report shall be reviewed by Building and Safety. BS4. All structures shall be setback from any ascending and descending slopes per Section 1806.5 of the California Building Code. BSS. The property is located within 1000 feet of a natural hillside brush area and shall comply with the City's Fire Hazard Zone Ordinance. BS6. A portion of the property is located within a flood hazard zone. Habitable structures shall be raised above the base flood elevation. Contact the engineering division for further requirements when building in the flood zone. BS7. For multi -family buildings, all ground floor single -story units and all units within an elevator building shall be accessible and adaptable per chapter IIA of the California Building Code. Multi -story units such as townhomes with two floors of living space are exempt. However all common use areas, such as the recreation areas and walkways shall be made accessible. BSB. Prior to issuance of building permits, the applicant shall submit written clearances from the William S. Hart School District and Sulpher Springs elementary school district, the Castaic Lake Water Agency, the Los Angeles County Sanitation District, the Los Angeles County Environmental Services (Health Dept.), and the Los Angeles County Environmental Programs (Industrial Waste). An agency referral list is available at the Building and Safety public counter. BS9. 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, Resolution P05-14 Master Case 04-500 May 17,206 Page 8 of 19 electrical and plumbing plans, structural and energy calculations, soil report, truss drawings and calculations, etc., and a single copy of the current tax assessor's map. BS 10. Prior to submitting plans to Building and Safety for construction permits, contact Deanna Hamrick, (661) 255-4935, for addresses. An application, a site plan and a floor plan will be required. BSl 1. The City of Santa Clarita is scanning plans for permanent storage. To facilitate that effort, please incorporate the following data/features into the plans submitted to Building and Safety for construction permits: a. The Permit Number, Sheet Title, and the Sheet Number shall be located in the lower right hand comer of each sheet of the drawing per the following example: (The sheet number total is the total in the appropriate trades). Pmw at 200301459 SHEET Tn1.e 2ndFLOOR PL14N 9HEET,k A-1.3 Oi P7SHEEr5 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. C. The Recommendation Section of the Soils Report shall be incorporated into the plans on full size sheets. MAIO►It • ♦I PRI. Prior to the recordation of an applicable final tract/parcel map, the applicant is required to pay a park in -lieu fee to the City of Santa CMta Parks, Recreation, and Community Services Department, equal to the amount of land established per the UDC. Resolution P05-14 Master Case 04-500 May 17, 2005 Page 9 of 19 ENVIRONMENTAL SERVICES ESI. This project is a development planning priority project under the City's NPDES Municipal Stormwater Permit as a development with 10 or more dwelling units. An Urban Stormwater Mitigation Plan (USMP) that incorporates appropriate post construction best management practices (BMPs) into the design of the project must be prepared and approved prior to issuance of any grading or building permits. Please refer to the Standard Urban Stormwater Mitigation Plan (SUSMP) guide for details. ES2. This project area is greater than one acre in size; therefore, it is subject to a General Construction Permit under the City's Municipal Stormwater Permit. The applicant must submit a State Notice of Intent (NOI) to the State and submit a Stormwater Pollution Prevention Plan (SWPPP) to the City for acceptance prior to obtaining grading or building permits. ES3. Prior to the issuance of grading permits, the applicant shall be required to pay the $1230 USMP Review fee and the $470 SWPPP review fee upon formal submittal. ES4. Prior to occupancy, the applicant shall provide trash enclosures to house at least four three -yard bins. Two of the bins shall be reserved for recyclable materials only. The trash enclosures shall be consistent with the surrounding architecture, be located to provide convenient pedestrian and collection vehicle access and constructed with a solid roof. ENGINEERING SERVICES DEPARTMENT GENERAL ENI. Prior to issuance of permits, the applicant shall file with the County Recorder a map prepared by or under the direction of a registered civil engineer or licensed land surveyor in the State of California, and has been reviewed and approved the City Engineer. The applicant shall note all offers of dedication by certificate on the face of the map. The applicant shall pay a deposit as required to review documents and plans for final map clearance in accordance with Section 16.26.060 of the Unified Development Code. EN2. Prior to final map approval, the applicant shall record a reciprocal access and maintenance agreement, and a reciprocal access easement for all shared driveways and drive isles within the project site, as directed by the City Engineer. 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 quitclaim or relocate easements running through proposed structures, as directed by the City Engineer. Resolution P05-14 Master Case 04-500 May 17, 2005 Page 10 of 19 ENS. Prior to final map approval, the applicant must inform the City if he intends to file multiple final maps. The boundaries and phasing plan of these maps shall be designed, as directed by the City Engineer and the Director of Planning and Economic Development. EN6. Prior to final map approval, the applicant shall show that portion which is not divided for the purpose of sale, lease, or financing as a "Designated Remainder" on the map. EN7. 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. EN8. Prior to final map approval, the applicant shall obtain approval of the City Engineer and the City Attorney for Covenants, Conditions and Restrictions (CC&R's) for this development. The applicant shall reimburse the City for the City Attorney's review and approval fee. The CC&R's shall include a disclosure to comply with the Geologist's recommendations in the Geology Report for restrictions on watering, irrigation, and planting, and recommend types of plants. EN9. 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 Resolution P05-14 Master Case 04-500 May 17, 2005 Page 11 of 19 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. j. The applicant shall execute any agreements mutually agreeable prior to approval of the final map as may be necessary to assure compliance with the foregoing conditions. k. Failure by the applicant to notify the City as required by `b." hereinabove, or simultaneously submit the required and approved documents specified in "e." hereinabove, or make the deposits. specified in "f." hereinabove, shall constitute subdivider's waiver of the requirements otherwise imposed upon the City to acquire necessary interests in land pursuant to Section 66462.5. In such event, subdivider shall meet all conditions for installing or constructing off-site improvements notwithstanding Section 66462.5. EN10. Prior to issuance of building permits/final map approval, the applicant is tentatively required to grant easements on the final map/by separate document, subject to review by the City Engineer to determine the final locations and requirements. CONDOMINIUM/LEASE ENI I. Prior to final map approval, the applicant shall submit a notarized affidavit to the City Engineer, signed by all owners of record at the time of filing of the map with the City, stating that any proposed condominium building has not been constructed or that all buildings have not been occupied or rented and that said building will not be occupied or rented until after the filing of the map with the County Recorder. EN12. Prior to final map approval, the applicant shall place standard condominium/residential planned development/commercial planned development notes on the final map, as directed by the Planning and Building Services Department. EN13. 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 & GEOLOGY EN14. Prior to issuance of grading permits, the applicant shall submit a grading plan consistent with the approved tentative map, and conditions of approval. The grading plan shall be Resolution P05-14 Master Case 04-500 May 17, 2005 Page 12 of 19 based on a detailed engineering geotechnical report specifically approved by the geologist and/or soils engineer that addresses all submitted recommendations. EN15. Prior to final map approval, the applicant shall dedicate all required easements on the final map; and prior to occupancy, construct required drainage improvements. EN16. 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. EN17. 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. EN18. 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. EN19. 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. EN20. 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. EN21. 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. EN22. 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. EN23. Prior to final map approval, the applicant shall indicate by note on the map, prohibiting the lot owners within this development from interfering with the established drainage and from erecting concrete block walls or similar solid constructions, except as approved by the City Engineer. Resolution P05-14 Master Case 04-500 May 17, 2005 Page 13 of 19 EN24. Prior to final map approval, the applicant shall show on the map all Los Angeles County Flood Control District right-of-ways. A permit will be required for any construction affecting the right-of-way or facilities. EN25. Prior to issuance of building permits, if a Grant of Waiver is allowed, the applicant shall show the flood hazard note and area on a map which is made part of the Grant of Waiver. EN26. 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. EN27. Prior to final map approval, the applicant shall show and label on the map all natural drainage courses on lots where a note of flood hazard is allowed. EN28. Prior to issuance of building permits, the applicant shall construct all grading and drainage facilities within the project site. EN29. 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. EN30. 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. EN31. Specific drainage requirements for the site will be established at building permit application. EN32. Prior to final map approval, the applicant shall adjust lot/parcel lines near the top of slopes or at similar locations acceptable for establishment of slope maintenance responsibilities, as directed by the City Engineer. EN33. Prior to issuance of building permits and after final map recordation, the applicant may be required to file with the County Recorder an amending map prepared by or under the direction of a registered civil engineer or licensed land surveyor in the State of California, and has been reviewed and approved the City Engineer, to adjust lot/parcel lines near the top of slopes or at similar locations acceptable for establishment of slope maintenance responsibilities. EN34. Prior to final map approval, the applicant shall adjust, relocate, and/or eliminate lot lines, lots, streets, easements, grading, geotechnical protective devices, and/or physical improvements to comply with ordinances, policies, and standards in effect at the date the City determined the application to be complete, all, as directed by the City Engineer. Resolution P05-14 Master Case 04-500 May 17, 2005 Page 14 of 19 EN35. Prior to issuance of grading permits or the commencement of any work within any natural drainage course, the applicant shall acquire permits from the Army Corps of Engineers and the California Department of Fish and Game. FLOOD PLAIN/HAZARD AREA EN36. Prior to final map approval, the applicant shall place a note of flood hazard, delineate the areas subject to flood hazard, and dedicate to the City the right to restrict the erection of buildings and other structures in the flood hazard areas; all on the final map. EN37. 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 V-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 EN38. 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. EN39. 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, and conditions of approval and obtain encroachment permits from the Engineering Division. EN40. 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. EN41. 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.. Resolution P05-14 Master Case 04-500 May 17, 2005 Page 15 of 19 EN42. Prior to final map approval, the applicant shall dedicate additional street right-of-way for a total of 30 feet from centerline on Beneda Lane within the project site, as directed by the City Engineer. EN43. Prior to occupancy, the applicant shall construct the following required street improvements: Street Name Curb & Base & Street Street Sidewalk Landscaped Gutter Pavin Lights Trees 5'nvn Median Beneda Lane X X I X I X X EN44. Prior to final map approval, the applicant shall provide for sight distance along extreme slopes, curves, or at intersections, as directed by the City Engineer, and provide the sight distance easement on the final map. EN45. 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. EN46. 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. EN47. 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. EN48. 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. EN49. 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. Construction details shall be shown on the street plan. EN50. Prior to final map approval, the applicant shall dedicate slope easements, as directed by the City Engineer. ENS I. 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. Resolution P05-14 Master Case 04-500 May 17, 2005 Page 16 of 19 EN52. Prior to occupancy, the applicant shall replace driveways to be abandoned with standard curb, gutter, and sidewalk. EN53. 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. EN54. 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. EN55. 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. EN56. Prior to occupancy, the applicant shall construct full -width sidewalk at all walk returns. EN57. Prior to occupancy, the applicant shall construct a wheelchair ramp at intersections, as directed by the City Engineer. TRAFFIC EN58. Adequate sight visibility is required at all intersections (street -street intersections or street -driveway intersections) and shall follow the latest Caltrans manual for applicable requirements. This shall be shown on all applicable plans prior to issuance of first building permit. EN59. Access shall intersect with Beneda Lane 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. EN60. 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. EN61. Minimum width of all interior two-way driveways, off of Private Drive "A", shall be 26 feet and shall be shown on all applicable plans prior to issuance of first building permit. EN62. 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. SEWER IMPROVEMENT EN63. 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. Resolution P05-14 Master Case 04-500 May 17, 2005 Page 17 of 19' EN64. 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. EN65. 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. EN66. Prior to final map approval, the applicant shall pay sewer reimbursement charges as determined by the City Engineer or the County of Los Angeles. EN67. 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. EN68. Prior to sewer plan approval or final map approval, the applicant shall provide a sewer area study for approval by the City Engineer. The area study must analyze the proposed site, contributory area, and all existing development contributing to the City sewer from the proposed site to the Sanitation trunk line connection. FEES AND MISCELLANEOUS EN69. 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. [ ] Bouquet Canyon Bridge and Thoroughfare District ($14,730) [X] Eastside Bridge and Thoroughfare District ($15,250) [ ] Valencia Bridge and Thoroughfare District ($10,930) [ ] Via Princessa Bridge and Thoroughfare District ($16,080) The fee shall be calculated as follows: Townhouse = the number of units (34), times the district rate ($15,250), times 0.8; which is equal to $414,800 until June 30, 2005. The fee is subject to change and is based on the rate at the time of payment. EN70. 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. EN71. 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 Resolution P05-14. Master Case 04 -500 - May 17, 2005 Page 18 of 19 (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. ADMINISTRATIVE SERVICES ASI. Prior to the recordation of a map, the property must be annexed into 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 zoning/usage of the property. AS2. No on site landscaping or parkways will be allowed into an LMD. TRANSIT Tl. Prior to the recordation of the final map, the applicant shall pay $200 per residential unit. The applicant is advised that the fee is currently under revision and the applicant will be subject to the fee in place at time of payment. FIRE DEPARTMENT FDI. Access shall comply with Section 902 of the Fire Code, which requires all weather access. FD2. Fire Department access shall be provided to within 150 feet of any exterior portion of all structures. FD3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to ensure the integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. FD4. Private driveways shall be indicated on the final map as "Private Driveway and Firelane" with the widths clearly depicted and shall be maintained in accordance with Fire Code. FD5. Vehicular access shall 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. Resolution P05-14 Master Case 04-500 May 17,'2005 Page 19 of 19 FD6. This property is located within the area described by the Fire Department as "Very High Fire Hazard Severity Zone." A Fuel Modification Plan shall be submitted and approved prior to final map clearance. FD7. Prior to occupancy, the applicant shall provide water mains, fire hydrants and fire flows as required by the Los Angeles County Fire Department. FD8. The required fire flow for public fire hydrants at this location is 2,000 gallons per minute at 20 pounds per square inch for duration of two hours, over and above daily maximum domestic demand. Two fire hydrants flowing simultaneously may be used to achieve this fire flow. FD9. All hydrants shall measure six inches by four inches by 2 i/a inches brass or bronze, conforming to AWWA standard C503 or approved equal. All on-site fire hydrants shall be installed a minimum of 25 feet from a structure or protected by a two hour firewall. FD10. All required fire hydrants shall be installed, tested and accepted or bonded prior to final map approval. FD11. Prior to issuance of building permits, the applicant shall obtain all required Fire Department approvals. s:\pedbun=t\12004`04-500\Condidons of Approval- PC Revisions