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HomeMy WebLinkAbout2007-10-30 - RESOLUTIONS - WESTFIELD TOWN CENTER NEGDEC (2)RESOLUTION NO. 07-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE NO. 06-122 (TENTATIVE PARCEL MAP 68039, CONDITIONAL USE PERMIT 06-011, MINOR USE PERMIT 06-025) AND ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE 331,860 SQUARE FOOT TOWN CENTER EXPANSION PROJECT LOCATED ON THE NORTHEAST CORNER OF VALENCIA BOULEVARD AND MCBEAN PARKWAY, SOUTH OF MAGIC MOUNTAIN PARKWAY AND WEST OF CITRUS DRIVE IN THE CITY OF SANTA CLARITA THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact: a. An application for Master Case 06-122 was filed by the project applicant Westfield Corporation, Inc. (the "applicant") with the City of Santa Clarita on May 30, 2006. The entitlement request (collectively, "Entitlements") included: i. Tentative Parcel Map (TPM) 68039 to consolidate the property lines of 23 contiguous lots on the project site to allow for the construction of a 331,860 square foot expansion of the existing Westfield Town Center Mall East; and ii. Conditional Use Permit (CUP) 06-011 to allow building heights in excess of 35 feet for a total building height of 60', including a 42' tall three-level parking structure and a 88' tall five -level parking structure; and iii. Minor Use Permit (MUP) 06-025 for the import of 41,000 cubic yards of earth to the project site and for accessory alcohol service at 10 restaurants that would be located in the expansion area. b. The application was deemed complete on April 30, 2007; c. The project site, Westfield Town Center Mall East, is located at 24201 Valencia Boulevard, on 72.8 acres at the northeast corner of Valencia Boulevard and McBean Parkway. Town Center East consists of 23 contiguous parcels of land that have been developed with 905,102 square feet of building area and 3,787 surface parking spaces; d. The Unified Development Code (UDC) land use designation for the project site is Commercial Town Center (CTC). The General Plan designates the site as CTC with a Valley Center Concept (VCC) Overlay, which allows for a range of uses associated with a regional mall and allows a floor area ratio of 2:1 to 4:1. With the proposed expansion, the Town Center Mall will have a 39% floor area ratio, which is within range of the allowable FAR for the site; e. The surrounding land uses consist of a commercial center, offices, City Hall and the Los Angeles County Civic Center to the east; auto dealerships and a commercial center to the north; offices, attached condominiums and a commercial center to the south; and a gas station, restaurant, and Town Center West (retail/entertainment/offices/dining) to the west of the site. The subject property is immediately bordered to the north by Magic Mountain Parkway, to the south by Valencia Boulevard, and to the west by McBean Parkway (all designated Major Highways by the City's General Plan); f This project was reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) and an Initial Study was prepared. The initial study determined that the project would have a less than significant impact on the environment with mitigation. The City of Santa Clarita prepared a Mitigated Negative Declaration for the project which determined that the proposed project would have less than significant impacts; g. The project was posted in the local newspaper and mailed to property owners in accordance with the noticing requirements for a conditional use permit, minor use permit and tentative parcel map on April 24, 2007 and the Mitigated Negative Declaration public review period began on May 7, 2007 and was posted in the local newspaper in accordance with the CEQA notification requirements; h. The Planning Commission held a public hearing on this issue commencing on May 15, 2007, at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita. The Planning Commission considered the staff presentation, staff report, applicant presentation and public testimony on the proposal. The Planning Commission continued the public hearing to June 5, 2007; On June 5, 2007, the Planning Commission held a duly noticed continued public hearing on this issue at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita. At this hearing, the Commission considered the staff presentation, staff report, applicant presentation and public testimony on the proposal. The Planning Commission continued the public hearing to July 17, 2007; j. On July 17, 2007, the Planning Commission held a duly noticed continued public hearing on this issue at 7:00 pan. at City Hall, 23920 Valencia Boulevard, Santa Clarita. At this hearing, the Commission considered the staff presentation, staff report, applicant presentation and public testimony on the proposal. During the meeting, the Planning Commission gave direction to staff to remove Stage 3 from the approval documents and voted to approve Stages 1 and 2 of the Town Center East expansion project; 2 k. By action of the Planning Commission on July 17, 2007, the applicant was granted approval to construct a 331,860 square foot expansion of the Westfield Town Center East Mall with two parking structures; 1. On August 1, 2007, the action of the Planning Commission was appealed by Hacker Braly, LLP, representing Salt Creek Grille and Original Baja Taco Stand, LLC (Poquito Mas); m. On October 23, 2007, the City Council held a duly noticed public hearing on this issue at 6:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita. At this hearing, the Council considered the staff presentation, staff report, applicant presentation and public testimony on the proposal; and n. On October 23, 2007, the City Council denied the appeal and affirmed the Planning Commission's approval of the 331,860 square foot expansion of the Westfield Town Center East Mall with two parking structures. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based on the above findings of fact and recitals and the entire record, including, without limitation, the Valencia Town Center East expansion project, oral and written testimony and other evidence received at the public hearings held on the Valencia Town Center East expansion project, reports and other transmittals from City staff to the Planning Commission and the City Council, and upon studies and investigations made by the Planning Commission and the City Council, and on behalf of each, the City Council finds, 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, have been considered. The Mitigated Negative Declaration was posted and advertised on May 7, 2007, in accordance with CEQA. The public review period was open from May 7, 2007 through June 5, 2007; 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 06-122 project file within the Community Development Department and is in the custody of the Director of Community 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. 3 SECTION 3. CONDITIONAL USE PERMIT. Based on the above findings of fact and recitals and the entire record, including, without limitation, the Valencia Town Center East expansion project, oral and written testimony and other evidence received at the public hearings held on the Valencia Town Center East expansion project, reports and other transmittals from City staff to the Planning Commission and the City Council, and upon studies and investigations made by the Planning Commission and the City Council, and on behalf of each, the City Council finds, 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 City's Unified Development Code (UDC) designates the site Commercial Town Center (CTC). The proposed 331,860 square foot expansion to Westfield Town Center Mall and two accessory parking structures have been designed in accordance with the UDC and the City's Architectural Design Guidelines. The UDC requires that all projects exceeding 35 feet in height obtain a conditional use permit. The expansion is proposed to contain buildings 60' maximum in overall height. In addition, two parking structures are proposed that would exceed 35 feet in height. The first parking structure is proposed to be 24' high (42' maximum height measured from the top of the light standards) and a second parking structure is proposed to be 69' in height (88' maximum height from the top of the light standards). Town Center is considered a regional mall facility for the Santa Clarita Valley and has been developed with 905,102 square feet of building area used as an enclosed mall. The proposed mall expansion will operate in a manner consistent with the Commercial Town Center CTC) zone with the approval of the conditional use permit. The General Plan designation for the site is CTC with a Valley Concept Center (VCC) Overlay. This overlay designates the project site as a regional mall facility for the Santa Clarita Valley and allows flexibility in development standards to encourage the development of an intensive floor area (2:1 to 4:1) for a wide range of uses including residential, office, retail and hotel. The expansion of Town Center East will support and compliment the existing commercial uses, residences, offices, restaurants, and hotel in the vicinity. Based on the design of the proposed uses and structures, the project will be compatible with the neighboring uses, because attention is given to the design, materials, colors and landscape materials of the existing and proposed mall facility to ensure consistency with the existing 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: N 1. Harmony in scale, bulk, coverage, and density; The Town Center East Expansion is located on a site designated as a regional mall facility. The site is designated CTC and is subject to all of the development standards for this zone. The site also carries a VCC Overlay designation that promotes more intensive uses and development standards to encourage the development of a regional facility for the Santa Clarita Valley. The VCC Overlay allows for a higher floor area ratio (FAR) than the underlying zoning designation. The proposed expansion, including the existing 905,102 square feet, would have a FAR of 39%, which does not exceed the allowable FAR for the site, and therefore, complies with the FAR allowed by the VCC Overlay. The parking lot and parking structures will also be accommodated on the project site. The expansion is proposed to contain buildings 60' maximum in overall height. In addition, two parking structures are proposed that would exceed 35 feet in height. The first parking structure is proposed to be 24' high (42' maximum height measured from the top of the light standards) and a second parking structure is proposed to be 69' in height (88' maximum height from the top of the light standards). The proposed expansion is in harmony with the existing Town Center Mall as the expansion is similar in height to the existing buildings and will be compatible with the multi -family residential, retail, and office uses that are adjacent to and in proximity to the project site. The proposed development and use is conforming to all of the setback requirements as well as all landscaping requirements for the CTC zone. 2. The availability of public facilities, services, and utilities; The project site is located in a developed portion of the City of Santa Clarita that is currently serviced by sewer, power, gas and water utilities and will not create a significant demand for additional utilities on the project site. The project site is bound by three Major Highways (designated by the City's General Plan). The site plans and preliminary grading plans show that all utilities exist on-site and that the project will be able to hook up to the utilities. Fire and police services will be adequate for the area, as discussed in the Mitigated Negative Declaration prepared for the project. 3. The harmful effect, if any, on desirable neighborhood character; The proposed regional mall expansion and parking structures are located in an area within the City of Santa Clarita that is currently developed with an existing regional mall (Town Center). The site is designated as CTC, which is for the development of a regional mall facility. The project site, as well as adjacent properties has been developed with uses compatible with a regional facility (multi -family residential, public services, offices, retail and restaurants). Further, the project site is located on a corridor surrounded by Major Highways (McBean 5 Parkway, Valencia Boulevard, and Magic Mountain Parkway) that provide access to the site, which is suitable for the proposed development. The Westfield Town Center East expansion height will be consistent with the surrounding uses and will not create a harmful effect on the neighborhood character. The expansion is proposed to have similar architecture and landscaping to what is currently constructed at the Town Center Mall and neighboring developments. The proposed building height, use, and design is consistent with the existing and adjacent development and uses, and the City's Architectural Design Guidelines, the General Plan, as well as all of the standards outlined in the Unified Development Code with the approval of the conditional use permit. 4. The generation of traffic and the capacity and physical character of surrounding streets; The proposed project is located in a developed portion of the City that is predominantly developed with uses consistent with a regional mall and the CTC designation such as offices (medical and professional), retail, restaurant, auto sales, and civic center uses. The surrounding streets (three of which are designated as Major Highways) are improved to the City standards and will be able to accommodate the proposed expansion. The three adjacent Major Highways (McBean Parkway, Valencia Boulevard and Magic Mountain Parkway) are adequate to accommodate the proposed expansion and, with the mitigation listed in the Mitigation Negative Declaration prepared for the project, will not lower a service standard on the surrounding streets to a substandard level, as the area was designated CTC with a VCC Overlay in the General Plan, which anticipated the type of proposed use and development. 5. The suitability of the site for the type and intensity of use or development which is proposed; and The proposed expansion to the regional mall will be developed in accordance with the City's Unified Development Code and will further be consistent and compatible with the uses in the CTC (Commercial Town Center) zone. The project site is designated CTC, with a VCC Overlay in the City's General Plan, which allows for a Floor Area Ratio of 2:1 to 4:1 on the project site. Therefore the proposed expansion of 331,860 square -feet of floor area to an existing 905,102 square feet of floor area on a 72.8 -acre project site will be consistent with the CTC designation. With an approval of a conditional use permit (CUP), the CTC zone permits for buildings that exceed 35 feet in height. The expansion is proposed to contain buildings 60' maximum in overall height. In addition, two parking structures are proposed that would exceed 35 feet in height. The first parking structure is proposed to be 24' high (42' maximum height measured from the top of the light standards) and a second parking structure is proposed to be 69' in height (88' maximum height from the top of the light standards). The existing project site has a maximum building height of 67'-6" and directly adjacent to the I project site is an existing five -level parking structure within Town Center West. Therefore, the proposed building heights within the Town Center East expansion will be consistent with the existing Town Center East heights as well as heights of structures of neighboring properties. 6. The adverse significant effect, if any, resources which cannot be mitigated statement of overriding considerations. upon environmental quality and natural unless the approving authority adopts a The project site has been previously graded and is not known to have any sensitive species, animal or plant, on the project site. There are no oak trees on the site, therefore, no oak trees will be impacted as a part of the proposed development of a 331,860 square foot expansion. No natural resources are located on-site. A Mitigated Negative Declaration was prepared for the proposed expansion. No impacts to natural resources would occur as part of this project. 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 site is located in a developed area with a Commercial Town Center designation within the City of Santa Clarita. The construction of the proposed mall expansion will not create a significant impact to the surrounding area as it will be complimentary to the existing uses as well as accessible from the three adjacent Major Highways (McBean Parkway, Valencia Boulevard and Magic Mountain Parkway). The project requires the approval of a conditional use permit to allow for the construction of buildings in excess of 35 feet in height. The expansion is proposed to contain buildings 60' maximum in overall height. In addition, two parking structures are proposed that would exceed 35 feet in height. The first parking structure is proposed to be 24' high (42' maximum height measured from the top of the light standards) and a second parking structure is proposed to be 69' in height (88' maximum height from the top of the light standards). The existing project site has a maximum building height of 67'-6" and directly adjacent to the project site is an existing five -level parking structure within Town Center West. The architectural treatments proposed for the buildings and the two parking structures are required to include 360 -degree architecture to provide a well designed, highly articulated building on all sides, from all views. In addition, it is conditioned that the applicant brings all proposed buildings back to the Planning Commission for architectural review and approval. Therefore, the size and design of the proposed buildings will not be detrimental to properties in the vicinity. Further, the proposed architecture and use will compliment the surrounding uses and development consistent with the CTC zone. 7 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 site requires the approval of a conditional use permit (CUP) for the development of buildings to exceed 35 feet in height. The expansion is proposed to contain buildings 60' maximum in overall height. In addition, two parking structures are proposed that would exceed 35 feet in height. The first parking structure is proposed to be 24' high (42' maximum height measured from the top of the light standards) and a second parking structure is proposed to be 69' in height (88' maximum height from the top of the light standards). The development is proposed to be located on a 72.8 -acre site. With the approval of the proposed CUP, the project site will be consistent with all regulations established in the City's Unified Development Code requirements as well as with the goals and policies outlined in the City's General Plan. No variance is required with the proposed development and use. SECTION 4. TENTATIVE PARCEL MAP FINDINGS. Based on the above findings of fact and recitals and the entire record, including, without limitation, the entire Valencia Town Center East expansion project, oral and written testimony and other evidence received at the public hearings held on the Valencia Town Center East expansion project, reports and other transmittals from City staff to the Planning Commission and the City Council, and upon studies and investigations made by the Planning Commission and the City Council, and on behalf of each, the City Council finds, as follows: a. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the Santa Clarita General Plan, the Unified Development Code, and any specific plan. This application is to reconfigure 23 existing lots into nine lots. The proposed expansion to the existing Town Center East would be consistent with the CTC zone, as well as the City's General Plan designation of the site. The construction and operation of the site, as a regional mall, is consistent with the City's General Plan and Unified Development Code. There are no specific plans in the area of the project site. b. The project site is physically suited for the type of development. The project site is within an area designated for the development of a regional mall facility. The proposal is to expand the existing 905,102 square feet with 331,860 square feet of area to be used as a mall. The project site is 72.8 acres in size. The overlay designation (Valley Concept Center) of the site allows for a floor area ratio of 2:1 to 4:1, therefore, the proposed expansion meets the floor area requirement for the site. Included in the request is a conditional use permit to exceed 35 feet in height. The existing Town Center East facility is 67' in height, the proposed building height of the expansion would be 60' and will be consistent with the existing facility. Both i proposed parking structures will exceed the 35' in height. One structure would be three levels and not exceed 42' and a second structure would be five levels and would not exceed 88' in height. Both structures would be similar in height to the existing parking structures at Town Center West, adjacent to the project site. The tentative parcel map would dissolve property lines of 23 existing lots and create nine lots on the project site, which would allow for the building expansion to occur without crossing boundary lines, which is not permitted by the City's UDC. The project site is physically suited for the type of development. c. The site is physically suitable for the proposed density of development. The site is to be developed with a regional mall facility. This proposal is to dissolve boundary lines of 23 existing lots to create nine lots. The VCC Overlay on the site allows for a higher FAR (2:1 to 4:1) to be developed to promote the development of a regional mall facility, which is consistent with the proposed 331,860 square foot expansion to the existing 905,102 square foot regional mall. d. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The proposal is to dissolve the boundary lines of 23 existing lots and create nine lots on the project site. There are no water bodies on the project site and the existing property is comprised of existing buildings and parking lots with pockets of landscaped areas. Therefore, the parcel map for this project is not likely to cause any environmental damage or substantially and avoidably injure fish and wildlife or their habitat. e. The design of the subdivision or type of improvements is not likely to cause serious health problems. The proposal is dissolve the boundary lines of 23 existing lots and create nine lots on a 72.8 -acre site. The site has been designated by the City's General Plan as a regional mall; therefore, the proposal to expand the existing mall on the project site is consistent with the land use designation and goal for the site. The site and surrounding uses, which are consistent with uses adjacent to a regional mall facility, including civic center, auto sales, retail, restaurant, multi -family residential and office are consistent with the land use designation of the site. This project would not cause health problems. f. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, or for access through or use of property within the proposed subdivision. 0 This proposal is to expand the City's regional mall with an additional 331,860 square feet of floor area. Included in the proposal is a tentative parcel map to dissolve the boundary lines of 23 existing lots and create nine lots. This will allow for the construction of the mall expansion to occur on lots formed without the proposed buildings crossing the existing property lines. Improvements will occur on adjacent rights-of-way, though all proposed improvements are mitigation for the project analyzed as part of the Mitigated Negative Declaration prepared for the project. The mitigation will reduce traffic access impacts related to the project to less than significant. The design of the project will not conflict with easements or for access through or use of the project site. SECTION 5. MINOR USE PERMIT FINDINGS. Based on the above findings of fact and recitals and the entire record, including, without limitation, the entire Valencia Town Center East expansion project, oral and written testimony and other evidence received at the public hearings held on the Valencia Town Center East expansion project, reports and other transmittals from City staff to the Planning Commission and the City Council, and upon studies and investigations made by the Planning Commission and the City Council, and on behalf of each, the City Council finds, as follows: a. That the proposed use is in accordance with the General Plan, the objectives of the Unified Development Code, and the purposes of the zone in which the site is located. The proposed expansion of the regional mall facility that would be located on the site is in accordance with the General Plan, the Unified Development Code, and the purposes of the zone in which it is located. The project site is designated as a regional mall facility and the proposed construction and uses, including restaurant and retail are consistent with the development and operation of a regional mall. The proposed project includes the import of 41,000 cubic yards of earth to the site and for accessory alcohol service at 10 restaurants that will be located within the proposed Town Center East expansion. The Unified Development Code requires a Minor Use Permit (MUP) for the import of earth exceeding 10,000 cubic yards and for the allowance of accessory alcohol services within the City of Santa Clarita. With the approval of the proposed MUP, the project will be consistent with all regulations established in the City's Unified Development Code, as well as with the goals and policies outlined in the City's General Plan. b. That the proposed use or activity, together with the conditions applicable thereto will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and The Town Center East expansion includes the request for a 331,860 square foot expansion to the Town Center Mall. The proposed expansion of the regional mall facility that would be located on the site is in accordance with the General Plan, the Unified Development Code, and the purposes of the zone in which it is located. The 10 project site is designated as a regional mall facility and the proposed construction and uses, including restaurant and retail, are consistent with the development and operation of a regional mall. The proposed expansion includes a request for the import of 41,000 cubic yards of earth and the sale of alcohol in accessory to food service for a total of 10 restaurants within the Town Center East expansion area. All grading and import amounts proposed for this project have been analyzed in an initial study and, as a result, a Mitigated Negative Declaration has been prepared for the project. The applicant is required to implement all mitigation measures as a part of the development and as part of grading activities. The applicant will be required to receive an approved haul route, days and times from the City of Santa Clarita's Public Works Department to prevent operational impacts to streets and surrounding properties. As such, the proposed import of 41,000 cubic yards of earth to the proposed project site will not be detrimental to the public safety or welfare, as the proposed uses and operation of the project are consistent with the CTC land use designation for the site. The sale of alcohol as an accessory use is proposed for 10 restaurants within the Town Center East expansion. The existing regional mall facility is a suitable site for the accessory sale of alcohol, as existing restaurants with aicohol permits aiready exist on-site and are compatible with the retail use and regional mall facility. Therefore, permitting the accessory alcohol permits will not be detrimental to public health, safety or welfare. c. That the proposed use complies with each of the applicable provisions of the development code. The proposed expansion to the City's regional mall complies with each of the provisions of the code. A minor use permit is requested for the issuance for the accessory alcohol service at 10 proposed restaurants and for the import of 41,000 cubic yards of earth to the site. The proposed mall expansion is consistent with the project site land use designation (Commercial Town Center) and no other variances, with the exception of the entitlements listed above, are necessary for this project. With the approval of the proposed MUP, the project will be consistent with all regulations established in the City's Unified Development Code, as well as with the goals and policies outlined in the City's General Plan. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does herby resolve as follows: SECTION 6. The City Council does hereby approve Master Case 06-122 (Tentative Parcel Map 68039, Conditional Use Pen -nit 06-011, and Minor Use Permit 06-025) and adopt the Mitigated Negative Declaration to allow for the development of the proposed 331,860 square foot Westfield Town Center Mall East expansion; to allow for the construction of buildings that exceed 35 feet in height for a total building height of 60'; to allow for the construction of two parking structures that exceed 35 feet in height, one a maximum height of an 88' (including lighting fixtures) and the second to be a maximum height of 42' (including lighting fixtures); for the import of 41,000 cubic yards of earth; and, to allow for accessory alcohol service at 10 restaurants on the project site located at 24201 West Valencia Boulevard in the CTC (Commercial Town Center) zone, in the City of Santa Clarita subject to the attached Conditions of Approval (Exhibit A). SECTION 7. 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 30th day of October, 2007. ?2// MAYOR ATTEST: r CITY CI.ERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 30th day of October, 2007, by the following vote: AYES: COUNCILMEMBERS: Weste, Kellar, Ferry, McLean NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boydston >�" 4;( 90-0-� CITY CLERK 12 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. 07-76, adopted by the City Council of the City of Santa Clarita, California on October 30, 2007, 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 Caputo Deputy City Clerk Exhibit A Master Case 06-122 Parcel Map 68039, Conditional Use Permit 06-011, Minor Use Permit 06-025 CONDITIONS OF APPROVAL General Conditions GC1. 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 or the project improvements have begun. 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. The applicant shall be responsible for notifying the Department of Community 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. 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 hannless 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 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. GCS. 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 shall sign and have notarized the attached "Acceptance Form". This form shall be returned to the City's Planning Division. GC7. 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. GCB. The project shall fully comply with the Title 16 and 17 of the Unified Development Code (UDC) including, but not limited to, the Commercial and Industrial Development Standards, Parking Standards, Oak Tree Preservation Ordinance, Sign Ordinance, Landscaping Standards, and Subdivision Ordinance. Exhibit A Master Case 06-122 To= Center East Expansion Page 2 GC9. The applicant is required to comply with all of the mitigation measures described in the Mitigated Negative Declaration prepared for this development. Planning Approvals PL1. The applicant is granted approval to construct an additional 331,860 square feet of retail and food uses within the existing Town Center East area. The approval of the buildings shall comply with the following heights and square footage as indicated on the approved site plan: Structures Height Maximum Square Footage Stage One 60 feet /2 story 210,500 square feet Macy's Expansion 60 feet/ 2 story 50,000 square feet Stage 1 / 2 Parking 24' to parapet Structure 42' to top of parking lot lights Stage Two 35 feet /2 story 71,360 square feet Stage 2 Parking Structure 60' top of parapet 88' top of parking lot lights and elevator tower All development shall be consistent witri the approvea siie pians, arcnnecLurai pla116 aiiu landscape plans on file in the Planning Division PL2, The applicant shall construct the proposed project in accordance with the approved site plan. All structures are subject to the approval of a Development Review and approval of the Director of Community Development for conformance with this approval and all relevant development codes. The Director shall refer the architecture of the proposed development as well as a proposal to the Planning Commission for their review as part of the Architectural Review process, prior to issuance of building permit. PL3. The minor use permit shall allow the applicant to import no more than 41,000 cubic yards of earth to the site and for a maximum of 10 restaurants serving alcohol as an accessory use. Any additional restaurants with accessory alcohol service shall apply for the appropriate land use entitlement. PL4. The applicant is approved for a tentative parcel map to dissolve the existing 23 lot lines to create a minimum of nine new lots as part of Stage 2 of the project. Exhibit A Master Case 06-122 Town Center East Expansion Page 3 Site Design PL5. Section 17.15.030 of the Unified Development Code requires a minimum of 5'-0" landscape setback from public right-of-way on commercial collector streets (Citrus Drive). The UDC requires a minimum landscape setback of 10'-0" from public right-of-way along major highways (Magic Mountain Parkway, Valencia Boulevard and McBean Parkway). Parking spaces, light standards and structures are not permitted to be located within these setback areas. PL6. Prior to the issuance of building permits, the applicant shall submit a lot line adjustment to dissolve the existing lot lines on the project site. The applicant shall not be permitted to construct buildings that cross property lines. PL7. The number and placement/location of 16 the kiosks shall be the same as that on the approved site plans. The designs and placement of the proposed kiosks or any additional kiosks or kiosk areas shall be approved by the Director of Community Development. PL8. All pick-up and drop-off areas shall be labeled on the site plan. These areas shall include a turnout from the required drive aisle, a bench, trash receptacle, lighting, shade structure and decorative pavement to define the area. This area shall be large enough to accommodate a City Dial a Ride vehicle as one of the drop-off areas will be the primary pick-up location for the Town Center area. PL9. Bike racks shall be provided throughout the project site at a ratio of 1 bike stall/rack to each 25 new parking stalls constructed (Section 17.18.105 of the UDC). The applicant is encouraged to utilize bicycle lockers in lieu of required bike racks. Please identify these locations on the site plan prior to submittal for a building permit for each phase. PLI0. The applicant shall install a pedestrian friendly system as shown on the pedestrian access exhibit, which links the project development areas to the existing mall, surrounding streets, existing paseo bridges and network and the existing transit station. This system shall be separated from existing driveways and parking lots and includes landscaping, lighting and trellis features to the satisfaction of the Director of Community Development. PL11. The applicant shall prepare an on-site security plan. This plan shall include provisions for traffic control, parking lot security and ernergency services. This plan shall be submitted to the Planning Division for review by the Director of Community Development and the Los Angeles County Sheriff's Department. Signs PL12. The applicant shall be required to prepare a comprehensive sign program for proposed signs and signs at Town Center- that will be replaced as part of this proposal prior to sign installation. All signs shall comply with the City's UDC and the existing Town Center Drive sign guidelines. • This includes the use of externally lit or "halo" effect signs and excludes the use of internally lit plastic channel letters with the exception of directional signage. Exhibit A Master Case 06-122 Town Center East Expansion Page 4 • These sign restrictions shall not apply to the interior courtyards which are not visible from the parking lot or public right-of-way. • The sign program shall include a unified theme for on-site directional signs for directions to parking structures similar to the existing Town Center Drive program. PL13. The applicant shall redesign the existing monument sign at the intersection of Valencia Boulevard and the project entrance prior to the construction of "Pad 3" to the satisfaction of the Director of Community Development. Architecture PL14. All buildings and parking structures shall include an enhanced level of architecture consistent with the existing structures and to the satisfaction of the Director of Community Development. PL15. Final architectural elevations are not approved. The applicant shall continue to work with Planning Division staff on architectural details, colors and materials of the proposed expansion areas prior to issuance of building permit. These details include, but not limited to, pop -outs, varying rooflines, awnings, unique signage, parapets and pedestrian -oriented window display areas. The expansion area architecture shall maintain a similar theme to the existing Town Center West, including materials and scale. PL16. The applicant shall participate in a City -sponsored public art installation program. The applicant shall work with the City's Parks, Recreation and Community Services Department to determine the on-site placement and fund the installation and maintenance of a California (Santa Clarita) Bear at Town Center East prior to issuance of a building permit. PLIT The applicant is encouraged to use images of the Santa Clarita Valley in the artwork to be mounted on the proposed parking structures. The applicant shall work with the City's Parks, Recreation and Community Services Department to use images from local artists. Images should focus on the history, history makers, events and communities (Canyon Country, Newhall, Valencia, Saugus) of the Santa Clarita Valley. PL18. The applicant shall work with City staff to locate areas throughout Town Center Mall for the display of temporary art exhibitions. PL19. All buildings require 360° architecture and must conform to all of the City's development standards including the Commercial/Industrial Standards of the Unified Development Code (Section 17.15.040 of the UDC) along with the Architectural Design Guidelines available on the City's website at www.santa-clarita.com. PL20. All -roof mounted equipment shall be adequately screened from public view with a parapet/screen wall or other approved architectural treatment. Please submit a roof plan with cross sections for the proposed buildings and equipment to be screened prior to the issuance of any building permit. Exhibit A Master Case 06-122 Town Center East Expansion Page 5 PL21. Stage One of the project shall include a "lifestyle" pedestrian -oriented outdoor center within the public spaces within the retail development area. This shall include provisions for specimen size landscape plants, water feature(s), shade structures, fixed seating, fountains, public art, outdoor restaurant seating and other amenities. The entry arcade feature shall include an increased level of enhancements. This area may include seasonal displays. PL22. Pad 2 shall be designed to create an inviting gateway to the project with architectural towers and projects. Outdoor dining is encouraged. All buildings shall be oriented to have the Valencia Boulevard frontage serve as the front or main fagade. PL23. The applicant shall include provisions in the design of the tower elements that would not preclude the placement of stealth or flush -mounted wireless communication facilities to the satisfaction of the Director of Community Development. PL24. The applicant shall include green building techniques in the design of the expansion. This shall include the use of the following: Compressed natural gas(CNG) construction vehicles; Recycling of construction materials; Reflective Insulated Cool Roofing System; High insulation values - R-19 walls/R-30 roof, Double paned glazing (high reflective/R value glazing); High efficiency HVAC equipment; Controlled exterior lighting system; Low flow toilets; Waterless toilet fixtures; Smart irrigation system; Material specification manufactured from within 500 miles of site; Material specification from Sustainable resources (bamboo etc.); Low VOC paint for interior. Parldng and Circulation PL25. All new buildings shall be parked at one parking space for 200 square feet of gross floor area. The applicant shall provide proof of this requirement prior to the issuance of any building pen -nits. PL26. All new parking spaces and drive aisles shall be in compliance with the City's Unified Development Code unless additional area is required by the Los Angeles County Fire Department or City of Santa Clarita Department of Public Works. PL27. All parking structures shall be designed so each floor allows for a minimum clearance of 8'-2" per parking deck. This measurement shall be calculated from the floor to the lowest pipe, light or support, Internal drive aisles shall be designed to provide optimum vehicular circulation. Exhibit A Master Case 06-122 Town Center East Expansion Page 6 PL28. In accordance with Section 17.18.120.0 of the Unified Development Code, loading stalls shall be provided on-site. Patron loading stalls shall be located on the project site to provide convenient pedestrian access to the proposed buildings and shall not be counted towards required parking. PL29. All outdoor lighting shall be directed downward and installed consistent with existing lighting and lighting shown on the approved parking structure elevations. No lighting shall spill over property lines and impact the surrounding rights-of-way and adjacent uses. PL30. Prior to installation of lighting, a photometric plan shall be submitted, which depicts the lighting details, including height of lighting. This plan shall include all parking structure lighting and surface parking lighting. PL31. The applicant shall provide off-site employee parking with shuttle service to and from Town Center during the peak parking winter holiday season (November through January) if parking capacity reaches 95% on the project site. This plan shall be submitted for review prior to the issuance of the first Certificate of Occupancy. PL32. The project shall provide the required number of parking spaces as approved. For Stage 1 the required parking is 4,197; and, for Stage 2 the required parking is 4,454. If, at the Planning Director's discretion, the need for additional parking is continually needed due to the volume of business, the applicant shall be required to install a parking structure earlier than required. The parking structure shall be completed 18 months after the applicant receives notice of such a need. If the square footage constructed is less than that requested with this application (as documented in PL1), the applicant shall provide the appropriate number of parking spaces required by the UDC. PL33. The applicant shall provide a construction staging and parking management plan to the satisfaction of the Director of Community Development prior to issuance of the first grading permit for each stage. This plan shall include provisions for the staging of equipment, construction vehicle parking, construction signage, customer parking and access and security. This plan shall show the number and location of parking spaces, including access to the spaces available to customers during each stage of development. PL34. If detennined necessary by the Director of Community Development, the applicant shall be required to provide traffic attendants to assist traffic flow at the Valencia Boulevard entrance during peak parking and business periods. PL35. When detennined necessary by the Director of Community Development, the applicant shall be required to participate in a feasibility study analyzing the relocation of the existing pedestrian bridge on McBean Parkway. Upon further determination by the Director of Community Development and the feasibility study, the applicant shall be required to participate in the relocation of the pedestrian bridge on McBean Parkway to include financial participation. Exhibit A Master Case 06-122 Town Center East Expansion Page 7 Alcohol Service PL36. This approval is for a maximum of ten restaurants with accessory alcoholic beverage service. PUT Operating hours of restaurants serving alcoholic beverages shall be determined by the Director of Community Development as part of the Building Permit process. PL38. Each business that proposes to sell alcohol must obtain the appropriate permits from the ABC (Alcohol Beverage Control) and shall be in full compliance with all ABC regulations. PL39. This approval does not grant the establishment of any stand alone bar (separate from an accessory use to a restaurant), liquor store, night club or other live entertainment on the project site. The applicant shall file for the appropriate permits with the Community Development Department at the time that such uses are requested. PL40. A full menu food service must be available for purchase and consumption by customers during the hours alcoholic beverages are served. Importation of Earth PL41. The applicant is approved to import not more than 41,000 cubic yards of fill material to the subject site as part of the Stage 1 development. PL42. The export site for this material shall be subject to the approval of the Director of Community Development and Public Works and, if applicable, the County of Los Angeles and the California Department of Transportation. PL43. Prior to the importation of any material, the applicant shall obtain the approval of the Director of Public Works for the proposed haul route for the material. This shall include the hours of hauling operations. The Director of Public Works may, at his discretion, limit the hours of operation and routes to be utilized. PL44. During the importation operations, a minimum of 25% of the dump trucks being used shall be fueled with an alternative fuel such as compressed natural gas, liquefied natural gas or ethanol. If alternative vehicles are not available during the importation process, the Director of Community Development may require alternative methods to reduce the amount of particulates generated by the project, PL45. Prior to the issuance of the first Certificate of Occupancy, the applicant shall update the existing Transportation Demand Management (TDM) program previously prepared for the site to the satisfaction of the Director of Community Development and the Director of Public Works. Exhibit A Master Case 06-122 Tovm Center East Expansion Page 8 Landscape Project Specific Comments LRL The applicant is required to install enhanced and mature landscaping including the use of specimen trees at the entrance to the project site on Valencia Boulevard. The plantings installed shall be consistent with the species currently planting on site. The applicant is encouraged to transplant existing on-site trees to fulfill this requirement. Decorative pavement is also required in this area. All these improvements shall be to the satisfaction of the Director of Community Development. LR2. The applicant is required to install enhanced and mature landscaping along the Magic Mountain Parkway five -level parking structure frontage. The landscaping at this location shall be the same as the existing landscaping at the frontage of the existing parking structure on Magic Mountain Parkway. This shall include the use of specimen evergreen trees including the use of Deodar Cedars, additional mature shrubs and the use of vines to create an enhanced landscape buffer between the parking structure and Magic Mountain Parkway. LR3. All new and/or reconfigured at -grade parking areas on the project site shall be planted at a minimum of one box tree for every four parking spaces per the existing UDC requirements. This requirement does not apply to parking spaces within a parking structure or future Stage 2 building areas. This ratio shall be shown on the landscape plans. Standard Landscape Requirements and Conditions LR4. Prior to issuance of building 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 California -registered landscape architect who is familiar with the plant palette suitable for Santa Clarita (Sunset Western Garden Book Zone 18, minimum winter night temperatures typically 20° to 30° F; maximum summer high temperatures typically 105° F to 110° F). LR5. Required Landscape Plan Elements. 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 Director, Planning Commission and/or City Council, and shall conform to the following: (a) Commercial and Industrial Projects Site and landscape plans shall include a calculation showing the percentage of the site to be landscaped (a minimum of ten (10) percent of the site area for landscaping, with a minimum of five (5) percent planting area in the parking lot) and a calculation showing the square footage of parking lot(s) and percentage of landscape in parking lot(s) (Municipal Code/UDC § § 17.15.040(A)(4);17,18.070(E)(2)). ii. Landscape and site plans shall show an outdoor employee break area, which shall be handicap -accessible, shaded and furnished with, at a minimum, tables, benches or chairs, bicycle racks, and waste container with ashtray. Exhibit A Master Case 06-122 Town Center East Expansion Page 9 iii. Landscape plans shall show at least one (1) 24" box tree per four (4) parking stalls in parking lots/areas, and 36" box trees in planters at the ends of parking aisles. The plans shall show tree species selection, distribution and spacing to provide 50% canopy coverage of all parking lots/areas within 5 years of planting (Municipal Code § 17.18.070(E)(10)). iv. Landscape plans shall show headlight -screening hedges or landscaped earthen berm, not less than thirty (30) inches nor more than forty-two (42) inches in height at specified locations on parking lot perimeters. Individual hedge plants shall be 36" tall and spaced so that they touch leaf -to -leaf at time of final inspection (Municipal Code § 17.18.070(D)(1)). V. Where parking and/or drive aisles abut walls, fences, property lines, walkways or structures, landscape and site plans shall show planter beds delineated by continuous concrete curbing at least six (6) inches high and six (6) inches wide, at least (3) feet from such walls, fences, etc. These planter beds shall be landscaped except as permitted by the Director of Community Development (Municipal Code § 17.18.070(E)(9)). vi. Prior to planting, the applicant shall flag all tree locations along the project's street - facing ftontage and call the Planning Division, Landscape Review official for a pre - planting inspection. (b) All projects i. The plant palette shall not include any plants listed as invasive exotic pest plants by the California Invasive Plant Council (lists available at http://groups.ucanr.org/ceppc/), or other plants determined to be invasive by a competent botanist or biologist. ii. Trees visible from the property's public street frontage and/or in the property's street - facing common area shall be a minimum 24" box size, and shall include a proportionate number of 36," 48," and 60" box -size specimens (Santa Clarita Architectural Design Guidelines, adopted December 2002). iii. Landscape plans shall show plant material to screen at maturity all trash enclosures, transformer boxes, vault boxes, backflow devices, and other exterior mechanical equipment. Screening material may include trees, shrubs (15 gallon minimum size), clinging vines, etc. Masonry block (concrete masonry unit) trash enclosures shall be screened with both shrubs and clinging vines (Municipal Code § § 17.15.040(B)(1-4). iv. Landscape plans shall show all lighting fixtures, base dimensions, and typical finish elevations. V. The applicant shall apply jute netting to all graded slopes five feet (5') and higher in vertical elevation and elsewhere where needed for erosion control, and shall landscape graded slopes (Municipal Code § 17.28.020(B)). vi. Slope planting shall consist of at minimum one (1) tree per 150 square feet of slope area and one (1) shrub per 100 square feet of slope area (Municipal Code § I 7.80.040(K) (3)). Should this requirement become impossible or impracticable because of fuel modification requirements, the applicant may substitute a proportionate number of Exhibit A Master Case 06-122 Town Center East Expansion Page 10 appropriate larger specimen trees to the satisfaction of the Director of Community Development. vii. The applicant shall design all irrigation systems for water conservation. viii, 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 two (2) inches deep. ix. Trees planted within fourteen (14) feet of Citrus Drive and Valencia Blvd. shall conform to Municipal Code § 13.76.110 et seq (Parkway Tree Influence Area) and City Ordinance 92-38 (Parkway Influence Area). The property owner/manager/homeowners' association shall irrigate and maintain these trees according to City standards. X. Trees planted within City right-of-way shall conform to Municipal Code § 13.76 et seg (Parkway Trees). xi. Prior to occupancy, the applicant shall install all proposed irrigation and landscaping, including irrigation controllers, staking, mulching, etc., to the satisfaction of the Director of Community Development. The Director may impose inspection fees for more than one landscape installation inspection. xii. Prior to occupancy, the applicant shall submit to the Director of Community Development a letter from the project landscape architect certifying that all landscape materials and irrigation have been installed and function according to the approved landscape plans. Engineering/Development Services General/Mapping ENI. At issuance of pen -nits 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 Stage 1 building permits, the applicant shall file with the County Recorder, a Certificate of Compliance for Lot Line Adjustment encompassing all parcels within the boundaries of this project. Prior to being filed with the County Recorder, the Lot Line Adjustment shall be reviewed and approved the City Engineer. EN3. Prior to issuance of first occupancy permit for Stage 1, 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. The map must be 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. Exhibit A Master Case 06-122 Town Center East Expansion Page 11 EN4. Prior to occupancy, the applicant shall record a covenant for easement for all shared parking areas, shared driveways and drive aisles, and common landscaping/slope maintenance areas, as directed by the City Engineer. ENS. 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. EN6. Prior to final map approval, the applicant shall quitclaim or relocate easements running through proposed structures, as directed by the City Engineer, ENT 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 Community Development. EN8. At map check submittal, the applicant shall provide a preliminary parcel snap guarantee. A final parcel map guarantee is required prior to final map approval. EN9. Prior to final snap approval, the applicant shall establish a Property Owners' Association (POA), or similar entity, to ensure the continued maintenance of all shared/common lots and drainage devices not transferable to the County Flood Control District, EN10. Prior to occupancy, the applicant shall obtain approval from the City Engineer and the City Attorney for Covenants, Conditions and Restrictions (CC&Rs) for this development. The applicant shall reimburse the City for the City Attorney's review and approval fee. The CC&Rs 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. EN11. This tentative map approval is subject to the applicant's acceptance of the following conditions for acquisition of easements/right-of-way: 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 occupancy of Stage 1. 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. Exhibit A Master Case 06-122 Town Center East Expansion Page 12 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 tune -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. EN 12. Prior to final map approval, the applicant is tentatively required to grant easements on the final map. The easements shall be reviewed and approved by the City Engineer. Grading, Drainage & Geology Requirements EN 13. Prior to issuance of grading permit, 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. EN 14. The site plan shows an import of 41,000 CY of dirt from the project. Prior to issuance of a grading pen -nit for this project, the applicant shall submit a copy of the grading permit for the exporting site and an exhibit of the proposed haul route. The applicant is responsible to obtain approval from all applicable agencies for the dirt hauling operation. EN15. The applicant shall comply with the following requirements for the dirt hauling operation: Exhibit A Master Case 06-122 Town Center East Expansion Page 13 • Obtain an encroachment permit for the work. The hours of operation shall be between 8:30 am to 3:30 pm. • Provide non-stop street sweeping service on all City streets along the haul route during all hours of work, to the satisfaction of the City Engineer. • Provide traffic control and flagging personnel along the haul route, to the satisfaction of the City Engineer, EN16. Prior to issuance of a grading permit, the applicant shall pay a Haul Route Pavement Repair Security Cash Deposit (Deposit) of $50,000.00, which may be increased or decreased based upon an estimated cost to complete the repairs of streets damaged during the dirt hauling operation. The limits and scope of the repairs shall be determined by the City Engineer. In order to receive a refund of the Deposit, the applicant or subsequent property owners shall complete the pavement repairs to the satisfaction of the City Engineer within one year from the completion of the dirt hauling operation. If the pavement repairs are not completed within one year, the City may use the Deposit to complete the repairs. If the Deposit is insufficient to complete the repairs, the City may seek additional funds from the applicant. Any funds remaining will be reimbursed to the applicant. ENIT The site is located within a mapped liquefiable area, per the State of California Seismic Hazard Zone Map. Prior to issuance of grading permit, the applicant shall submit a geotechnical report which adequately addresses the Seismic Hazard Zone. All required mitigation measures shall be incorporated into the development plans. EN18. Prior to grading permit, the applicant shall obtain a notarized Letter of Permission for grading over all easements. EN19. Prior to issuance of building permits, the applicant shall eliminate all geologic hazards associated with this proposed development, or delineate restricted use areas on the final map as approved by the consultant geologist, as directed by the City Engineer. EN20. Prior to issuance of building pen -nits for each phase, the applicant shall construct all grading and drainage facilities within that phase. EN21. Prior to issuance of building permits and after final map recordation, the applicant may 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. EN22. 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. EN23. 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 rights-of-way or facilities. Exhibit A Master Case 06-122 Town Center East Expansion Page 14 Street Improvement Requirements EN24. All streets shall be designed in accordance with the City's Unified Development Code, General Plan, and street design criteria. EN25. 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. EN26. Prior to street plan approval, the applicant shall contact the City's Urban Forestry Division for street tree location, species, and approved method of installation and irrigation. The applicant shall submit a street tree location plan to the Urban Forestry Division for review and approval. EN27. Prior to street plan approval, the applicant shall dedicate to the City the right -of way required for off-site street improvements as identified in the Traffic Study. EN28. 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. EN29. Prior to final map approval, the applicant shall dedicate the right to restrict direct vehicular ingress and egress on all streets having a projected volume of 2000 vehicle trips per day and within 100 feet of any secondary or major highway, on the final map or by separate document. EN30. Prior to issuance of occupancy, the applicant shall repair any pavement damaged by the dirt hauling operation to the satisfaction of the City Engineer. The limits of the road repairs shall be consistent with the approved haul route. EN31. Prior to occupancy of each phase, the applicant shall construct all improvements required to adequately serve this development as identified in the Traffic Study. EN32. Prior to occupancy, the applicant shall construct wheelchair ramps at intersections, as directed by the City Engineer, EN33. 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, to the satisfaction of the City Engineer. Exhibit A Master Case 06-122 Town Center East Expansion Page 15 Sewer Improvement Requirements EN34. Prior to sewer plan approval, the applicant shall provide a sewer area study in accordance with City policies for review and approval by the City Engineer. The applicant will be responsible for any upgrades to existing sewers as identified in the sewer study. EN35. Prior to first occupancy, the applicant shall construct all sewer upgrades per the approved sewer area study, to the satisfaction of the City Engineer. Bonds, Fees and Miscellaneous Requirements EN36. Prior to final map approval, or prior to issuance of encroachment permits for public improvements, whichever is first, the applicant, by agreement with the City Engineer, shall 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. EN37. This condition will not apply if the applicant submits verification that the Bridge and Thoroughfare District Fee obligation has already been satisfied for this site: 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 below and will be reimbursed upon completion and acceptance of such off-site improvements. The fee is subject to change and is based on the rate at the time of payment. [ ] Bouquet Canyon Bridge and Thoroughfare District ($15,650) [ ] Eastside Bridge and Thoroughfare District ($16,200) [X] Valencia Bridge and Thoroughfare District ($11,380) [ ] Via Princessa Bridge and Thoroughfare District ($17,080) The total square footage of the proposed buildings as provided by the applicant is as follows: Phase 1 = 260,500 square feet Phase 2 = 71,360 square feet The calculation of B&T Fees for commercial retail on an under-utilized parcel shall be calculated as follows: B&T District Fee Obligation = Proposed building SF x 5 x District Fee per FDU 16,335 Due prior to Phase 1 building permit = 260,500 x 5 x $11,380 = $907,404 16,335 Exhibit A Master Case 06-122 Town Center East Expansion Page 16 Due prior to final snap approval = (71,3 00) x 5 x $11,380 = $248,361 16,335 Traffic En ink eerie Please note that phasing referred to in the following Traffic Engineering conditions is consistent with the staging plan shown in the Traffic Impact Analysis prepared by Austin Faust dated July 2006. TEL Adequate sight visibility is required at all intersections (street -street intersections or driveway -street intersections) and shall follow the latest Caltrans manual for applicable requirements. Adequate sight visibility (including corner sight visibility) shall be demonstrated on the final map and grading plan. All necessary easements for this purpose shall be recorded with the final map. This shall be shown on all applicable plans prior to issuance of first building permit. TE2. All private driveways and roadways shall intersect with a public street at 90 degrees or as close to 90 degrees as topography permits (no less than 80 degrees). This shall be shown on all applicable plans prior to issuance of first building permit. TE3. All project driveways shall have a minimum stacking distance (from face of curb) of 100 feet. This shall be shown on all applicable plans prior to issuance of first building permit. TE4. No access will be permitted within curb return. This shall be included as a note on all applicable plans prior to issuance of first building permit. TE5. Minimum width of all interior driveways and drive aisles shall be 26 feet and shall be shown on all applicable plans prior to issuance of first building permit, except as required by the Traffic Division and L.A. County Fire Department. TE6. Prior to issuance of the precise grading plan, the applicant shall obtain approval from the L.A. County Fire Department for any private driveway sections. TET Prior to issuance of the first building occupancy permit, the applicant shall post "No Parking— Fire Lane" signs along all 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 pen -nit. TE8. The location, width and depth of all project driveways shall conform to the approved site plan. This shall be shown on all applicable plans prior to issuance of first building permit. No additional driveways shall be permitted. TE9. Dead-end drive aisles shall have a hammerhead or turn -around area to facilitate vehicular movements. This shall be shown on all applicable plans prior to issuance of first building permit. Exhibit A Master Case 06-122 Town Center East Expansion Page 17 TE10, The site shall be designed to adequately accommodate all vehicles (e,g. automobiles, vans, trucks) that can be expected to access the site. This includes, but is not limited to, adequate maneuvering areas around loading zones and parking spaces, and appropriate turning radii. TE11. Prior to issuance of the first building occupancy permit for Stage 1, the applicant shall extend the southbound left -turn lane at the intersection of McBean Parkway and Town Center Drive. The left -turn lane shall have 300 feet of storage and 120 feet of taper. This shall be shown on all applicable plans prior to issuance of first building permit. TE12. Prior to the issuance of the first building occupancy pen -nit for Stage 1, the intersection listed below shall be in place and shall include the required number of lanes and operational traffic signal. It is the applicant's responsibility to acquire sufficient right-of-way to complete these required improvements prior to issuance of building permit for this phase. a. McBean Parkway/Creekside Road Eastbound: 1 left -turn lane, 1 shared through/left-turn lane, 1 right -turn lane Westbound: 1 left -turn lane, 1 shared through/left-turn lane, 1 right -turn lane Northbound: 1 left -turn lane, 3 through lanes, 1 shared through/right-turn lane Southbound: 2 left -turn lanes, 4 through lanes, 1 right -turn lane TE13. Prior to the issuance of the first building occupancy permit for Stage 2, the intersections listed below shall be in place and shall include the required number of lanes and operational traffic signals. It is the applicant's responsibility to acquire sufficient right-of-way to complete these required improvements prior to the issuance of building permit for this phase. a. McBean Parkway/Magic Mountain Parkway Eastbound: 2 left -turn lanes, 3 through lanes, 1 right -turn lane Westbound: 2 left -turn lanes, 3 through lanes, 1 right -turn lane Northbound: 2 left -turn lanes, 3 through lanes, 1 right -turn lane Southbound: 2 left -turn lanes, 4 through lanes, 1 right -turn lane b. McBean Parkway/Creekside Road Eastbound: 1 left -turn lane, 1 shared through/left-tuns lane, 1 right -turn lane Westbound: 1 left -turn lane, 1 shared througl-dleft-turn lane, 1 right -turn lane Northbound: 1 left -turn lane, 3 through lanes, 1 shared through/right-turn lane Southbound: 2 left -turn lanes, 4 through lanes, 1 right -turn lane TE14. Prior to the issuance of the first building occupancy permit for Stage 1, the applicant shall install system detection on all approaches at each of the Town Center driveways/access locations. The system detection system shall be designed and installed to the satisfaction of the Director of Public Works. This shall be shown on all applicable plans prior to issuance of first building permit. Exhibit A Master Case 06-122 Town Center East Expansion Page 18 TE15. Prior to the issuance of the first building occupancy permit for Stage 1, the applicant shall pay a traffic -signal timing fee for the update of the traffic -signal tuning at up to 20 intersections in the surrounding area. The cost is $4,000 per intersection ($80,000 total). This fee shall be used to improve traffic flow and minimize traffic congestion along the corridors impacted by project -related traffic, through traffic signal retiming and related infrastructure improvements. Los Angeles County Fire Department FDI. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. FD2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. FD3. Where driveways extend further than 150 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 their 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 Fire Lane" 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. FD5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. FD6. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. FD7. Additional on site access requirements will be addressed by the Santa Clarita Fire Prevention Office. Mitigating factors are required to be approved by the Fire Prevention Captain of the Santa Clarita Fire Prevention Office. FD8, Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on the map which shall be recorded. FD9. The required fire flow for public fire hydrants at this location is 5,000 gallons per minute at 20 psi for a duration of five hours, over and above the maximum daily domestic demand. Three hydrants flowing simultaneously may be used to achieve the required fire flow. FD10. The applicant shall install or upgrade 39 hydrants or as determined by the Fire Department. Exhibit A Master Case 06-122 Town Center East Expansion Page 19 FD 11. All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All on-site hydrants shall be installed a minimum of 25 feet form a structure or protected by a two hour rated fire wall. FD12. All required fire hydrants shall be installed, tested and accepted or bonded for prior to final map approval. Vehicular access must be provided or maintained serviceable throughout construction. FD13. Additional water systems requirements will be required when this land is further subdivided and/or during the building permit process. FD 14. Provide an exhibit indicating the fire hydrant locations. The fire hydrant locations shall be noted as either existing or as proposed, and if they are public or private. The fire hydrant locations proposed by the Fire Department shall also be noted on the exhibit. Based on the fire hydrant exhibit, fire hydrant locations may be modified. The fire flow may be reduced during the building plan check process. FD15. Three-level parking structure (Stage 1 and 2): The applicant shall provide a minimum unobstructed driveway width of 28 feet, clear -to -sky to be posted "No Parking - Fire Lane". The centerline of the driveway shall be located parallel to within 30 feet or the exterior wall on at least one side of such building. FDI 6. Five -level parking structure (Stage 2): The applicant shall provide unobstructed driveway width of 28 feet clear -to -sky, to be posed "No Parking — Fire Lane". The centerline of the driveway shall be located parallel to within 30 feet of the exterior wall on at least one side of such building. No portion of the proposed "Fire Lane" can be under the parking structure. The "Fire Lane" shall remain clear -to -sky. FD17. Retail area: The applicant shall provide a minimum unobstructed driveway width of 26 feet clear -to -sky to be posted "No Parking — Fire Lane" to within 150 feet of all exterior portions of the structure. FDI 8. The applicant shall provide a 32 foot centerline turning radius for each turn. FD19. When a driveway is separated by an island, provide a minimum unobstructed driveway width of 20 feet on both sides of the island to be posted "No Parking — Fire Lane". FD20. Additional access requirements may be addressed with further reviews by the Land Development Unit, and/or during the building plan check process by the Santa Clarita Fire Prevention Office. Building, and SafetX General Comments BU1. All design and construction shall be done in accordance with applicable laws and regulations of the State of California and local codes and ordinances. Exhibit A Master Case 06-122 Town Center East Expansion Page 20 BU2. Effective late 2007-2008 it is anticipated the California Building Code will be revised to reflect the provisions of the 2006 International Building Code, as Published by the International Code Council. Applications for building pen -nits submitted on or after the effective date will be subject to the provisions of the effective code. Please plan your design and pen -nit application submittal and related scheduling accordingly. BU3. Construction drawings are required to be submitted to Building and Safety for review to verify compliance with applicable State construction codes and standards prior to issuance of building pen -nits. The following "Clearances for B&S Review" are required for review by B&S: • City Planning; and • City Engineering and Development Services. BU4. The following clearances are required for issuance of building permits: a. City Planning b. City Engineering and Development Services c. City Transit d. William S. Hart School District and Saugus Elementary School District e. Castaic Lake Water Agency f. L. A. County Sanitation District g. L. A. County Environmental Programs (Industrial Waste), An agency contact list is available at the Building and Safety public counter. BUS. For information regarding plans and documents to be submitted for Building and Safety plan review prior to issuance of building permits please refer to the Plan Requirement List (available at the City's Building & Safety public counter). BU6. Please allow approximately four to six weeks for initial Building and Safety plan review. One or more additional reviews may become necessary depending on completeness and clarity of plans. Reviews following the initial review may take up to two weeks depending on the nature of pending requested clarifications. Specific cominents BUT Access for pedestrians and the physically disabled is required to/from the public way at each street that fronts the project sites (and as close as possible to public bus stops) by means of an uninterrupted path of travel to each of the buildings proposed. Access to all buildings is also required from designated disabled parking spaces. BUB. Maintain appropriate clearances between buildings so that these do not encroach into these designated yards. Yard agreement letters will be recorded on the property title with the County Recorder. BU9. Establish final pad elevations such that the connection points from the furthest sanitary plumbing fixtures will allow a minimum 2% slope for the sanitary on-site sewer line to the point of connection at the public sewer. Exhibit A Master Case 06-122 Town Center East Expansion Page 21 BU 10. The expanded mall area and all other retail/restaurant spaces and anchors that qualify as "mall" designations, as defined in the California Building Code shall maintain a smoke exhaust system to work in unison with the existing system. BU11. Maintain adequate travel distances from all retail areas to designated emergency exits as established by the CBC. BU12. All detached buildings and structures shall be constructed under separate permits. Please submit separate permit applications and related plans for separate buildings BU13. Please submit a separate addressing plan to establish building addresses at least four weeks prior to submitting permit applications. BU14. This parcel is located in an area that may be subject to liquefaction. Please have the geotechnical engineer address this issue and make recommendations for the buildings' foundations systems accordingly. BU 15. The required number of plumbing fixtures for restroom facilities in each of the buildings shall be as outlined in the California Plumbing Code (CPC), Table 4-1. Restroom facilities must be within 300 feet from public places and stores in the each of the following locations: h. The mall, including restrooms for added retail areas and non -complying existing retail areas i. Each new anchor and restaurant j. Each new habitable detached building BU 16. The types of construction selected for added retail space to the mall shall have the same type of construction as currently established for the existing mall. BU 17. New detached buildings shall have types of construction that allow for the use, area, and building height as pennitted by the California Building Code (CBC). BU 18. Please allow for adequate means of egress for able and disabled occupants from buildings #1 and #6 on west property for any emergency exits along north and east exterior walls. Allow sufficient clearance between building and property line to allow for path of travel independent of motor vehicle driveways. BU19. Buildings adjacent to or attached to parking structures shall be separated as required for the types of construction and uses involved, as provided by the CBC. Environmental Services ES 1. This project is a development planning priority project under the City's NPDES Municipal Stormwater Pen -nit as a commercial facility greater than 1 acre. An Urban Stonnwater Mitigation Plan (USMP) that incorporates appropriate post construction best Exhibit A Master- Case 06-122 Town Center East Expansion Page 22 management practices (BMPs) into the design of the project must be prepared and approved prior to issuance of any grading or building permits. If the project is to be completed in phases, all phases must be in accordance with the standards at the time of construction. Please refer to the Standard Urban Stonnwater Mitigation Plan (SUSMP) guide for details. ES2. This project will disturb one acre or greater of land. Therefore, the developer must obtain coverage under a statewide General Construction Activities Stormwater Permit (General Permit). The applicant must submit to the City proof of filing of a Notice of Intent (NOI) and provide the accompanying Waste Discharge Identification (WDID) Number as per the General Pen -nit. In addition, a Stonnwater Pollution Prevention Plan (SWPPP) must be prepared and approved by the City's Environmental Services Division prior to the issuance of any grading permits. ES3. Please note the applicant shall be required to pay the review fees, currently $1,328 for USMP review and $507 for the SWPPP review, upon fonnal submittal of these documents. Contact the Environmental Services Division at (661) 284-1422 with any questions. ES4. All trash compactors and enclosures shall be screened from public view and designed to be out of view form the public areas of the site. ESS. The enclosure(s) should be shown on the site plan with dimensions, consistent with the surrounding architecture and shall be constructed with a solid roof. The enclosure(s) shall be located to provide convenient pedestrian and collection vehicle access. The parking structure is an inappropriate location for trash bins unless it provides a minimum of 20 feet overhead clearance. ES6. All new construction projects valuated greater than $500,000 must comply with the City's Construction and Demolition Materials (C&D) Recycling Ordinance. EST If the project is valuated above $500,000 the applicant shall comply with the following: • A Construction and Demolition Materials Management Plan (C&DMMP) must be prepared and approved by the Environmental Services Division prior to obtaining any grading or building permits. • A minimum of 50% of the entire project's inert (dirt, rock, bricks, etc.) waste and 50% of the remaining C&D waste must be diverted from landfills. • A deposit of 3% of the estimated total project cost or $50,000, whichever is less, is required. The deposit will be returned to the applicant upon proving that 50% of the inert and remaining C&D waste was diverted. ESB. All projects within the City that are not self -hauling their waste materials must use one of the City's ten franchised haulers for temporary and roll -off bin collection services. Please contact Enviromnental Services staff for a complete list of franchised haulers in the City. Special Districts SDI. The applicant shall annex all property not currently in the City's Streetlight Maintenance District (SMD) into the SMD for the operations and maintenance of streetlighting and traffic Exhibit A Master Case 06-122 Town Center East Expansion Page 23 signals. A minimum of 120 days is required to process the annexation, which must be completed prior to final map approval or building permit issuance, whichever occurs first. SD2. The applicant shall annex all property not currently in the City's Landscape Maintenance District (LMD) in to the LMD for the maintenance and improvement of landscaped medians, parkways, and streetscapes. A minimum of 120 days is required for annexation processing which must be complete prior to final map approval, grading permit or building permit, whichever occurs first. Transit TRI. At this time the Transit Impact Fee does not apply to commercial/industrial developments. This fee is subject to change and the applicant shall pay the current fee at the time of final map recordation or building permit issuance, whichever comes first. TR2. The applicant shall allocate 50 spaces for a park and ride lot until a permanent lot is constructed near the existing Transit Center. TR3. Applicant shall provide a bus stop on northbound McBean Parkway on the far -side at the intersection of Valencia Boulevard. TR4. At the location of the bus stop, the applicant shall provide a stylized bus shelter which consists of a 15'x25' concrete pad placed behind the sidewalk with a bench, trash receptacle and the appropriate lighting (all electrical conduits shall be located within the shelter structure) subject to the approval of the Transit Division. TR5. At the location of the bus stop, the applicant shall provide a bus turn -out built to the required dimensions put forth by the City of Santa Clarita's Director of Public Works. TR6. Conditioned bus stops shall comply with all ADA regulations as specified in the most recent version of the California Disabled Accessibility Guidebook (CalDag). Proposed disabled access shall be drawn on all plans. TR7. Prior to occupancy of the first building, the bus stops shall be installed to the satisfaction of the Director of Public Works. TR9. The bus stop location shall be a minimum of 100' from the curb return or as specified by the Director of Public Works. TRI 0. The applicant shall provide a pedestrian path from the bus stop to the Town Center East. S :\cd\current\! 2006\06-122\draftconditionsb. doc