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HomeMy WebLinkAbout2009-03-24 - AGENDA REPORTS - MC 06 276 (2)09 Agenda Item: 9 CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: Darin Seegmiller DATE: March 24, 2009 SUBJECT: MASTER CASE 06-276, HILLSIDE DEVELOPMENT REVIEW 06-013, RIDGELINE ALTERATION PERMIT 07-002 AND RETROACTIVE OAK TREE PERMIT 06-047 TO ALLOW FOR CORRECTIVE GRADING ON PROPERTY LOCATED BETWEEN JOSEL DRIVE AND WARMSPRINGS DRIVE (APN 2848-003-023) WITHIN THE SAND CANYON COMMUNITY IN THE CITY OF SANTA CLARITA DEPARTMENT: Community Development RECOMMENDED ACTION City Council conduct the public hearing and adopt a resolution approving Master Case 06-276, subject to the conditions of approval, and adopting a Mitigated Negative Declaration. BACKGROUND In July 2002, the City of Santa Clarita received a complaint regarding illegal grading taking place on the project site. Following the complaint, the City issued a stop work order for the grading and informed the property owner that such activities require a grading permit. Over the course of the next five years, the City received three additional complaints from neighboring residents regarding illegal grading on the property. The City continued to issue stop work orders in response to the complaints and informed the property owner that due to the topography of the site, its proximity to a City -designated Significant Ridgeline and the presence of oak trees on the property, additional permits and entitlements from the Planning Division were required prior to the issuance of a grading permit. The City filed a lawsuit against the property owner on February 14, 2006, regarding the illegal grading on the property. On November 16, 2006, Mr. Dominguez, the property owner, submitted an application to the Planning Division requesting approval of a Hillside Review Permit, AdooteO.,- L=,.. —v� � Ridgeline Alteration Permit, and Oak Tree Permit. On August 13, 2007, the courts granted a Permanent Injunction requiring Mr. Dominguez to obtain a Hillside Review Permit, Ridgeline Alteration Permit, Oak Tree Permit and Grading Permit. A detailed timeline of events up to the date of the Planning Commission hearing is included as an attachment to this document. Planning Commission Hearing On November 18, 2008, City staff presented the proposed project to the Planning Commission. The project that was presented to the Planning Commission included a graded pad, a gazebo, and walking paths on the upper portions of the graded area. The Planning Commission, in a 3-2 vote, recommended that the City Council approve Master Case 06-276, subject to the removal of the graded pad, gazebo, and walking paths. The applicant has revised the grading plan and landscaping plan to conform with the Planning Commission's request. Project Description The project site is approximately 12.5 acres of vacant land with an average cross -slope of approximately 42 percent within the Ridgeline Preservation overlay. Topographically, the property is located on the north- and west -facing flank of a sloping hillside and contains an east -west hill roughly in the center portion of the property. These two features create a bowl -like area on the northern portion of the site that has been previously illegally graded and cleared of most vegetation. The northern portion of the site's ground surface gently descends from the owner's adjacent parcel to the "bowl" area before rising again in a southerly direction to the aforementioned hill. To the south of the hill area, the property slopes down to the toe of slope of a significant ridgeline partially located in the Angeles National Forest. Elevations on the site range from 1,600- 2,200 feet above mean sea level (amsl). The proposed project site previously adjoined a parcel containing a single family residence located at 26505 Josel Drive that is also owned by the applicant. Since the project proposed a new detached garage on a property that did not have a primary residence, the City required the applicant to record a lot line adjustment to combine the applicant's two adjacent parcels into one parcel. The lot line adjustment was recorded with Los Angeles County on January 2, 2008. Utility service such as water, gas and electrical lines are provided to the project site from the applicant's residence on Josel Drive. The applicant performed approximately 11,000 cubic yards of unpermitted grading on the project site which exposed adverse bedding planes in the on-site bedrock and thus created an unstable/unsafe condition. In order to stabilize the slope, the geotechnical engineer of record recommends a buttress fill be graded to mitigate the adverse condition. Once the corrective grading has been completed, the slope will be stabilized. The corrective grading will require 13,637 cubic yards of cut and fill material which will be balanced on-site and consists of approximately 4.6 acres on the 12.5 -acre property. In addition to the grading required for slope stabilization, the applicant is also proposing landscaping and the construction of a garage. Therefore, the project will require the following discretionary actions of the City of Santa Clarita: • Hillside Development Review — to allow corrective grading and an accessory structure on a 2 parcel with an average cross slope greater than 10 percent; • Ridgeline Alteration Permit — to allow corrective grading within 1,000 feet of a Significant Ridgeline and in the upper 2/3 of a slope; • Retroactive Oak Tree Permit — due to unpermitted grading that occurred within the protected zone of four (4) oak trees. No oak tree removals have occurred and none are requested with this permit. GENERAL PLAN DESIGNATION AND ZONING The General Plan and zoning designation for the project site is RE (Residential Estate). The RE zone is intended to ensure that the rural character of certain portions of the City of Santa Clarita are maintained. Residential development is expected to consist of large custom single-family homes on uniquely configured lots which are designed to be sensitive to topographic and environmental considerations. The minimum lot size is two (2) gross acres. The keeping of horses and related animals as an accessory use is generally found in this zone. General Plan Zoning Land Use PROJECT RE RE Single Family Residential North RE RE Single Family Residential South RVL RVL Vacant -Angeles National Forest West RE RE Single Family Residential East RE RE Single Family Residential The proposed corrective grading and accessory structure is consistent with the General Plan land use designation and zoning for the site with approval of the associated entitlements and permits. ANALYSIS Hillside Review Permit A Hillside Permit is required for the proposed development on slopes with an average cross slope of greater than 10%. The intent of the Hillside Ordinance is to "regulate the development and alteration of hillside areas and ridgelines, to minimize adverse effects of hillside development and to provide for the safety and welfare of the City of Santa Clarita while allowing for the reasonable development of hillside areas." (UDC Section 17.80.010) The project site is approximately 12.5 acres of vacant land with an average cross -slope of approximately 42 percent within the Ridgeline Preservation overlay. The property owner performed approximately 11,000 cubic yards of unpermitted grading which exposed adverse bedding planes in the on-site bedrock and thus created an unstable/unsafe condition. In order to stabilize the slope, the geotechnical engineer of record recommends a buttress fill be graded to mitigate the adverse condition. Once complete, the slope will be stabilized. The corrective 3 grading will require 13,637 cubic yards of cut and fill material which will be balanced on-site. The natural topographic features and appearances are being conserved by means of landform grading to blend the manufactured slope and drainage benches into the natural topography. Ridgeline Alteration Permit In an effort to achieve the City's objective of preserving the unique visual characteristics and resources that significant ridgelines within the City limits provide, the Ridgeline Preservation (RP) Zoning Overlay classification was established. Any development including but not limited to grading permits, building permits and land use entitlements, located within 1,000 feet of the ridgeline and within the upper two-thirds (2/3) of the overall height of the ridgeline from its base is subject to a Ridgeline Alteration Permit. The Significant Ridgeline near the proposed project runs generally east to west and is located approximately 100 feet south of the subject property and reaches an elevation of approximately 2,200 feet above mean sea level. The base of the slope is at an elevation of approximately 1,840 feet. As such, the upper two-thirds of the slope begins at an elevation of 1,960 feet. This project requires a Ridgeline Alteration Permit because approximately nine percent of the corrective grading extends into the upper two-thirds of the slope to an elevation of 1,995 feet. However, as shown in the cross section provided by the applicant, the corrective grading will not reach the top of the Significant Ridgeline to the south and therefore will not affect this ridgeline's silhouette. The corrective grading is approximately 600 feet away from the Significant Ridgeline and 205 feet lower in elevation than the Significant Ridgeline and therefore will not alter the adjacent Significant Ridgeline. Retroactive Oak Tree Permit The applicant is required to obtain a Retroactive Oak Tree Permit to allow for grading activities that encroached within the protected zone of four oaks. The applicant has not removed any oak trees on the site. In addition, the corrective grading does not require encroachment into the protected zone or removal of any oak trees. The preliminary landscape plan submitted by the applicant identifies the installation of 35 Coast Live Oaks as part of the native landscape materials to be planted on the slope to protect against slippage and soil erosion and to minimize the visual effects of grading and construction on hillside areas. Noticing The project was duly noticed in accordance with the noticing requirements for the proposed Hillside Review Permit, Ridgeline Alteration Permit and Retroactive Oak Tree Permit on March 3, 2009. The City Council public hearing was advertised in The Signal newspaper 21 days prior to the hearing date, through on-site posting 14 days prior to the hearing, and by mail to property owners within 1,000 feet of the project area. To date, staff has recieved one letter of opposition from Michael A. Theule, a neighboring resident. The letter states concerns regarding the illegal grading that occurred on the subject property. Since the receipt of the letter dated November 5, 2009, staff has spoken with Mr. Theule regarding the legal process that the City has undertaken v to ensure Mr. Dominguez's compliance with City codes related to grading, landscaping and oak tree preservation. Environmental Review Willdan, the City's environmental consulting firm, prepared the CEQA-required Initial Study and Mitigated Negative Declaration for the project. The Initial Study evaluated the environmental impacts created by the proposed project. Based on the Initial Study, a Mitigated Negative Declaration (MND) was prepared for the proposed project. The environmental documents were posted for public review from October 28, 2008 to November 18, 2008. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT No fiscal impact to the City's General Fund exists as a part of this project. ATTACHMENTS Resolution Conditions of Approval Mitigated Negative Declaration and Initial Study Grading Plan Vicinity Map Ridgeline Exhibit Cross Section Exhibit Preliminary Landscape Plan Photo Simulations 1995 Aerial Photograph available in the City Clerk's Reading File 2000 Aerial Photograph available in the City Clerk's Reading File 2004 Aerial Photograph available in the City Clerk's Reading File 2006 Aerial Photograph available in the City Clerk's Reading File 5 CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Boulevard, 1St Floor, Santa Clarita, California, on the 24th day of March, 2009, at or after 6:00 p.m. to consider the approval of Master Case 06-276, Hillside Review 06-013, Oak Tree Permit 06-047, and Ridgeline Alteration Permit 07-002. The Hillside Review is required to allow for corrective grading and landscaping on property with an average cross slope of 42 percent. A retroactive Oak Tree Permit is required to allow for un -permitted grading that occurred within the protected zone of four oak trees. Portions of the project site are located within the Ridgeline Preservation Zone and corrective grading is proposed within the upper two-thirds of the slope, therefore the applicant is required to obtain approval of a Ridgeline Alteration Permit. The project site consists of a 12.5 -acre parcel located between Josel Drive and Warmsprings Drive in the Sand Canyon community within the RE (Residential Estate) zone. The project site is identified as Assessor's Parcel Number (APN) 2848-003-023. A Draft Mitigated Negative Declaration has been prepared for this proposed project and the public review period was from October 28, 2008 to November 17, 2008. A copy of the Draft Mitigated Negative Declaration and all supporting documents are available at the Planning Division public counter located in the City Hall Building at 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355. A copy of the Draft Mitigated Negative Declaration (without all supporting documents) is available at the Los Angeles County Library, Valencia Branch. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the City of Santa Clarita at, or prior to, the public hearing. For further information regarding this proposal, you may contact the City of Santa Clarita, Department of Community Development, 23920 Valencia Blvd., Third Floor, Santa Clarita, CA 91355; Telephone: (661) 255-4330, Darin Seegmiller, Assistant Planner II. Dated: February 23, 2009 Sharon L. Dawson, MMC City Clerk Publish Date: March 3, 2009 RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING MASTER CASE 06-276, HILLSIDE DEVELOPMENT REVIEW 06-013, RIDGELIKE ALTERATION PERMIT 07-002 AND RETROACTIVE OAK TREE PERMIT 06-047 AND ADOPTING A MITIGATED NEGATIVE DECLARATION TO ALLOW FOR CORRECTIVE GRADING ON PROPERTY LOCATED BETWEEN JOSEL DRIVE AND WARMSPRINGS DRIVE (APN 2848-003-023) 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. On November 16, 2006, an entitlement application was filed by Erasmo Dominguez (the "applicant") with the Planning Division which included the following requests: a Hillside Development Review for corrective grading on a property with an average slope greater than 10 percent, a Ridgeline Alteration Permit to allow for development activities in the Ridgeline Preservation Zone in the upper two-thirds of the slope and a Retroactive Oak Tree Permit to allow for grading activities within the protected zone of four oak trees and an Initial Study to determine the environmental effects of the proposed project; b. On January 23, 2007, a Development Review Committee (DRC) meeting was held during which staff provided direction to the applicant regarding the proposed development; C. The application was deemed complete on April 16, 2007; d. The project site is located approximately 240 feet east of the terminus of Warm Springs Drive in the Canyon Country community of the City of Santa Clarita, Los Angeles County, California (Assessor Parcel Number 2848-005-028); The General Plan and zoning designation for the project site is RE (Residential Estate). The RE zone is intended to ensure that the rural character of certain portions of the City of Santa Clarita are maintained. Residential development is expected to consist of large custom single-family homes on uniquely configured lots which are designed to be sensitive to topographic and environmental considerations. The minimum lot size is two (2) gross acres. The keeping of horses and related animals as an accessory use is generally found in this zone; f. The surrounding land uses consist of single-family residences to the north, east and west of the subject property and the undeveloped, Angeles National Forest to the south; g. This project was reviewed pursuant to the provisions of the California Environmental N Master Case 06-276 Page 2 of 9 Quality Act (CEQA). The City of Santa Clarita prepared an Initial Study for the project which determined that the proposed mitigation measures will reduce the impacts associated with the project to a less than significant impact to the environment; h. The project was duly noticed in accordance with the noticing requirements for a Hillside Development Review, Ridgeline Alteration Permit and Retroactive Oak Tree Permit on October 28, 2008; i. The Planning Commission held a duly noticed public hearing on this issue commencing on November 18, 2008, at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita; j. At the November 18, 2008, Planning Commission meeting, the Planning Commission considered the staff presentation, the staff report, the applicant presentation, public testimony on the proposal, and the Mitigated Negative Declaration prepared for the project. The Planning Commission recommended the City Council approve the project subject to the removal of a proposed gazebo and walkways leading up to the proposed structure; k. The City Council held a duly noticed public hearing on the project on March 24, 2009, at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. At this meeting the City Council received a presentation on the project from staff and the applicant, and received public testimony regarding the project; and The documents and other materials, which constitute the record of proceedings upon which the decision of the City Council is based, are located in the Master Case 06-276 project file within the Community Development Department and are in the custody of the Director of Community Development. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby 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, if any, have been considered. The Mitigated Negative Declaration was posted and advertised on October 28, 2008, in accordance with CEQA. The public review period was open from October 28, 2008 through November 18, 2008; C. There is no substantial evidence that the project will have a significant effect on the 2 9 Master Case 06-276 Page 3 of 9 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 06-276 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. SECTION 3. HILLSIDE DEVELOPMENT REVIEW FINDINGS. Based upon the foregoing facts and findings, the City Council hereby finds as follows: a. That the natural topographic features and appearances are conserved by means of land form grading so as to blend any manufactured slopes or required drainage benches into, the natural topography; b. That natural, topographic prominent features are retained to the maximum extent possible; and C. That clustered sites and buildings are utilized where such techniques can be demonstrated to substantially reduce grading alterations of the terrain and to contribute to the preservation of trees, other natural vegetation and prominent landmark features and are compatible with existing neighborhoods. The property owner performed approximately 11,000 cubic yards of unpermitted grading which exposed adverse bedding planes in the on-site bedrock and thus created an unstable/unsafe condition. In order to stabilize the slope, the geotechnical engineer of record recommends a buttress fill be graded to mitigate the adverse condition. Once complete the slope will be stabilized. The corrective grading will require 13,637 cubic yards of cut and fill material which will be balanced on-site. The natural topographic features and appearances of the hillside are being conserved by means of landform grading to blend the manufactured slope and drainage benches into the natural topography. The proposed project consists of corrective grading, a detached garage and a landscaping area. The project will be used for ancillary residential uses and will be in conformance with the visual character of the surrounding area. The project does not request the approval of additional residential units. The project site will only be used for ancillary residential uses and will be in conformance with the visual character of the surrounding area. d. That building setbacks, building heights and compatible structures and building forms Master Case 06-276 Page 4 of 9 that would serve to blend buildings and structures with the terrain are utilized. The project requests the approval of one accessory structure. The accessory structure is required to meet minimum setback requirements and will not be able to exceed the maximum height for an accessory structure in the RE (Residential Estate) zone without approval of the Conditional Use Permit. e. That plant materials are conserved and introduced so as to protect slopes from slippage and soil erosion and to minimize visual effects of grading and construction on hillside areas, including the consideration of the preservation of prominent trees and, to the extent possible, reduce the maintenance cost to public and private property owners The preliminary landscape plan submitted by the applicant makes use of native landscaping material intended to minimize the visual effect of the corrective grading on the hillside. The project does not require the removal of any of the four oak trees on the site. In addition, the installation of 35 additional Coast Live Oaks will be required on the property as identified in the preliminary landscape plans and Conditions of Approval. f. That curvilinear street design and improvements that serve to minimize grading alterations and emulate the natural contours and character of the hillsides are utilized. The project calls for corrective grading intended to mitigate instability on the slope due to unpermitted grading and does not require any street improvements. g. That site design and grading that provide the minimum disruption of view corridors and scenic vistas from and around any proposed development are utilized. Although the project proposes no dwelling units, it will be used for ancillary residential uses including a landscaped area and a detached garage, thus keeping with the existing aesthetic quality of the area. The natural topographic features and appearances are being conserved by means of landform grading to blend any manufactured slope or drainage benches into the natural topography and will not damage any scenic resources. SECTION 3. RIDGELINE ALTERATION PERMIT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby finds as follows: a. The proposed use is in conformance with the various goals and policies of the General Plan; b The use or development will not be materially detrimental to the visual character of the neighborhood or community, nor will it endanger the public health, safety or general welfare; 11 Master Case 06-276 Page 5 of 9 C. The appearance of the use or development will not be different than the appearance of adjoining ridgeline areas so as to cause depreciation of the ridgeline appearance in the vicinity; d. The establishment of the proposed use or development will not impede the normal and orderly development and improvement of surrounding property, nor encourage inappropriate encroachments to the ridgeline area; e. It has been demonstrated that the proposed use or development will not violate the visual integrity of the ridgeline area through precise illustration and depiction as required in Section 17.80.030; f. The use or development should minimize the effects of grading to the extent practicable to ensure that the natural character of the ridgeline is preserved; g. The proposed use or development maintains the appearance of natural ridgelines with uses and development consistent with density requirements established in Section 17.80.035; h. The proposed use or development utilizes or creates minimally invasive grading techniques, imaginative project site design and spacing of development that significantly exceeds the minimum standards identified in the City of Santa Clarita Hillside Development Guidelines; i. The proposed use or development is designed to mimic the existing topography to the greatest extent possible through the use of landform contour grading; j The proposed use or development demonstrates creative and imaginative site design resulting in a project that will complement the community character and provide a direct benefit to current and future community residents of not only the proposed use or development, but the residents of the City of Santa Clarita as a whole; k. The proposed use or development does not alter natural landmarks and prominent natural features of the ridgelines; and 1. ,The provisions and implementation of this section does not create an undue economic hardship or deny the minimal use of the land. The property owner performed approximately 11,000 cubic yards of unpermitted grading which exposed adverse bedding planes in the on-site bedrock and thus created an unstable/unsafe condition. In order to stabilize the slope, the geotechnical engineer of Master Case 06-276 Page 6 of 9 record recommends a buttress fill be graded to mitigate the adverse condition. Once complete the slope will be stabilized. The corrective grading will require 13,637 cubic yards of cut and fill material which will be balanced on-site. The Significant Ridgeline near the proposed project runs generally east to west and is located approximately 100 feet south of the subject property. The Significant Ridgeline reaches an elevation of approximately 2,200 feet above mean sea level and the base of the slope is at an elevation of approximately 1,840 feet. As such, the upper two-thirds of the slope begins at an elevation of approximately 1,960 feet. The required corrective grading extends into the upper two-thirds of the slope to an elevation of 1,995 feet. However, as shown in the cross section provided by the applicant, the proposed grading would not reach the top of the Significant Ridgeline and will not affect this ridgeline's silhouette. As shown in the cross-section provided by the property owner's engineer, the corrective grading is approximately 600 feet away from the Significant Ridgeline and 205 feet lower in elevation than the Significant Ridgeline. In addition, the natural topographic features and appearances are being conserved by means of landform grading to blend the manufactured slope and drainage benches into the natural topography. Once complete, the repaired slope will be landscaped with native plant materials intended to blend with the surrounding slopes and stabilize the soil. The project does not require the construction of any infrastructure that would encourage development or innapropriate encroachment to the ridgeline area. The project site currently designated as Residential Estate (RE) within the City of Santa Clarita's General Plan. Although the project proposes no dwelling units, it will be used for ancillary residential uses including a landscaped area and a garage, thus keeping with the existing aesthetic quality of the area in addition to the goals and policies of the General Plan. The project does not request the approval of additional residential units. The project site will only be used for ancillary residential uses and will be in conformance with the visual character of the surrounding area. SECTION 4. OAK TREE PERMIT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby finds as follows: a. It is necessary to remove, relocate, prune, cut or encroach into the protected zone of an oak tree to enable reasonable use of the subject property which is otherwise prevented by the presence of the tree and no reasonable alternative can be accommodated due to the unique physical development constraints of the property: This applicant is required to obtain a retroactive Oak Tree Permit due to unpermitted grading on the subject property. The four on-site oak trees were not negatively impacted as a result of the unpermitted grading which has taken place. In addition, the corrective 6 ll Master Case 06-276 Page 7 of 9 grading and the construction of a garage will not require the encroachment into the protected zone of an oak tree and will be required to adhere to the attached Conditions of Approval. SECTION 5. Based upon the testimony and other evidence, if any, received at the public hearing, and upon studies and investigations made by the City Council and on its behalf, the City Council further finds and determines that this proposal is consistent with the City's General Plan, including the land use designation for the project site of Residential Estate (RE), subject to approval of the entitlements. SECTION 6. The City Council hereby approves Master Case 06-276 consisting of Hillside Review 06-013, Oak Tree Permit 06-047, and Ridgeline Alteration Permit 07-002, to allow for corrective grading, landscaping, and a detached garage and adopts the associated Mitigated Negative Declaration subject to the conditions of approval. SECTION 8. 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 day of 52009. 7 Master Case 06-276 Page 8 of 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Sharon L. Dawson, MMC, 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 day of , 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 13 Master Case 06-276 Page 9 of 9 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 09- adopted by the City Council of the City of Santa Clarita, California on , 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of ,•2009. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 0j Iq Resolution Exhibit A MASTER CASE 06-276 HILLSIDE REVIEW PERMIT 06-013, OAK TREE PERMIT 06-047, AND RIDGELINE ALTERATION PERMIT 07-002 DRAFT CONDITIONS OF APPROVAL GENERAL GCI. The approval of this project shall expire if the approved use is not commenced within two (2) years from the date of conditional approval, unless it is extended in accordance with the terms and provisions of the City of Santa Clarita's Unified Development Code (UDC). GC2. To the extent the use approved with this project is a different use than previously approved for the property, the prior approval shall be terminated along with any associated vested rights to such use, unless such prior approved use is still in operation, or is still within the initial pre -commencement approval period. Once commenced, any discontinuation of the use approved with this project for a continuous period of one hundred eighty (180) calendar days or more shall terminate the approval of this use along with any associated vested rights to such use. The pre-existing legal use shall not be re- established or resumed after the one hundred eight (180) day period. Discontinuation shall include cessation of a use regardless of intent to resume. GC3. 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. GC4. 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. GC5. Unless otherwise apparent from the context, the term "applicant" shall include the applicant and any other persons, corporation, or other entity making use of this grant. The applicant shall defend, indemnify, and hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attach, set aside, void, or annul the approval of this Project by the City, which action is provided for in Government Code Section 66499.37. In the event the City becomes aware of any such claim, action, or proceeding, the City shall promptly notify the applicant, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing contained in this Condition prohibits the City from participating in the defense of any claim, action, or proceeding, if both of the following occur: 1) The City bears its own 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. /5 Master Case 06-276 HR 06-013, OTP 06-047, RAP 07-002 November 18, 2007 Page 2 of 6 GC6. 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. GC7. The applicant shall sign and have notarized the attached "Acceptance Form". This form shall be returned to the City's Planning Division. GC8. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the City may commence proceedings to revoke this approval. PLANNING DIVISION PL1. The applicant is granted approval to perform corrective grading on property with an average cross -slope of 42 percent within the Ridgeline Preservation Overlay and shall be developed in substantial conformance with the approved site plan on file with the Planning Division. Any changes shall be subject to the review and approval of the Director of Community Development. PL2. The applicant shall preserve the natural character of the adjacent Significant Ridgeline by grading the slope in conformance with the approved plans on file with the Community Development Department. As shown on the approved plans, the applicant shall ensure that the natural topographic features and appearances of the hillside are conserved by means of landform grading so as to blend the manufactured slopes and required drainage benches into the natural topography. Landscaping Requirements PL3. The applicant shall install plant materials that will protect slopes from slippage and soil erosion and minimize visual effects of grading and construction on hillside areas in accordance with the approved Preliminary Landscape Plans on file with the Community Development Department PL4. The project shall be developed in accordance with the City of Santa Clarita Unified Development Code (UDC). PL5. The applicant shall review, if needed, "Fuel Modification Guidelines," County of Los Angeles Fire Department (available online), pertaining to any vegetation existing or proposed at the site perimeter. PL6. Coniferous Evergreen' selection must produce limited dead and fine material, be resistant to drought, have low levels of volatile oils and resins. PL7. The landscape plan shall conform to all current Municipal Code /Unified Development Code requirements for landscaping (available at http://www.santa- clarita.com/cityhall/admin/codeo. Applicable code sections include but are not limited to Master Case 06-276 HR 06-013, OTP 06-047, RAP 07-002 November 18, 2007 Page 3 of 6 a. § 17.28 (drainage and terracing/erosion control); PL8. Standard Landscape Requirements and Conditions 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. 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)). iii. Slope planting shall consist of at minimum one (1) tree per 150 square feet of slope area and one (1) shrub per 100 square feet of slope area (Municipal Code § 17.80 040(K)(3)). Should this requirement become impossible or impracticable because of fuel modification requirements, the applicant may substitute a proportionate number of appropriate larger specimen trees to the satisfaction of the Director of Planning and Economic Development. iv. The applicant shall place water -conserving mulching material on all exposed soil in planting areas not covered by turfgrass. Mulching material may include, and is not limited to, shredded bark, river rock, crushed rock, pea gravel, etc., and must be at least three (3) inches deep. V. Prior to occupancy, the applicant shall install all proposed irrigation and landscaping, including irrigation controllers, staking, mulching, etc., to the satisfaction of the Director of Planning and Economic Development. The Director may impose inspection fees for more than one landscape installation inspection. vi. Prior to occupancy, the applicant shall submit to the Director of Planning and Economic Development a letter from the project landscape architect certifying that all landscape materials and irrigation have been installed and function according to the approved landscape plans. ENGINEERING DIVISION General Requirements - Mapping ENI. At issuance of permits or other grants of approval, the applicant agrees to develop the property in accordance with City codes and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Code, Highway Permit Ordinance, / 7 Master Case 06-276 HR 06-013, OTP 06-047, RAP 07-002 November 18, 2007 Page 4 of 6 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 grading permits, the applicant shall file with the County Recorder, a Certificate of Compliance to determine if the parcel(s) comply with the provisions of the Subdivision Map Act and local ordinances. Prior to being filed with the County Recorder, the Certificate of Compliance shall be reviewed and approved by the City Engineer. Grading, Drainage & Geology Requirements EN3. Prior to issuance of grading permit, the applicant shall submit a grading plan consistent with the approved site plan, 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. EN4. Prior to issuance of grading permits, the applicant shall acquire permits from the Army Corps of Engineers, California Department of Fish and Game, and the Regional Water Control Board. For any work within any natural drainage course. EN5. Prior to issuance of grading permits, the applicant shall eliminate all geologic hazards associated with this proposed development, or delineate restricted use areas on the grading plan as approved by the consultant geologist, as directed by the City Engineer. EN6. Prior to issuance of grading permits, the applicant shall dedicate to the City the right to prohibit the erection of buildings and other structures within all restricted use areas by separate document. ENT All construction plans and activities must be in compliance with the provisions of the storm water permit and associated Standard Urban Storm water Mitigation Plan (SUSMP) as required by the National Pollution Discharge Elimination System (NPDES), including all applicable Best Management Practices (BMPs), both permanent and construction -related. The permanent BMPs shall be in place prior to acceptance of the associated improvements. Construction -related BMPs shall be on the SUSMP plan and shall be in place during all phases of the construction. BUILDING AND SAFETY DIVISION BSI. All structures shall comply with the detailed requirements of the 2007 California Building, Mechanical, Plumbing Codes, and Electrical Code, 2007 California Energy Code, and the 2008 City of Santa Clarita amendments to the California codes. A copy of the City amendments is available at the Building and Safety public counter and on the city's website. 0 Master Case 06-276 HR 06-013, OTP 06-047, RAP 07-002 November 18, 2007 Page 5 of 6 URBAN FORESTRY DIVISION Retro -active Conditions: UF1. A retro -active permit fee was required and has been paid in full to the City of Santa Clarita. UF2. The property owner shall remove all container -grown plant material which is located on the uphill side of any on-site oak tree and/or within 20' feet of the trunk all existing oak trees. UF3. The property owner shall remove any/all unapproved irrigation which has been installed around the base of any existing on-site oak trees. UF4. The property owner shall remove all excess soil which has been added or placed around the trunk of an oak tree or within the protected zone of an oak tree and restore this area back to natural grade. This work shall be completed by hand. UF5. The property owner shall install a 3-4 inch layer of natural wood chips below the canopy of all oak trees on site. UF6. The property owner shall redirect all supplemental irrigation from entering the protected zone of an oak tree. Only natural rain water shall be permitted to enter the protected zone of an oak tree. UFT The final landscape plans shall identified the location of the 34 additional oak trees required for hillside development and the required native vegetation to be planted on the slope(s). The site plan also included a detailed description of the irrigation system which is proposed to be installed on the slopes. The applicant shall not deviate from the submitted site plans and all oak trees and irrigation shall be installed per the submitted landscape development plan dated June 09, 2008. UF8. The property owner shall install chain link protective fencing around the protected zone of all existing oak trees on site. Protective fencing shall consist of five (5') foot high chain link material supported by steel post driven directly into the ground and evenly spaced 8" feet on center. Installed around the base of the protective fencing shall be 36" inch silt material to keep all run off soil from entering the protected zone of the tree. UF9. The natural flow of water shall be maintained and/or restored during all grading activities. No cut or fill soil in excess of two (2') feet (twenty-four inches) deep shall be permitted within 50 feet of any oak tree unless waived by the City Oak tree Specialist. 0 Master Case 06-276 HR 06-013, OTP 06-047, RAP 07-002 November 18, 2007 Page 6 of 6 Construction Conditions: UF10. The applicant and their contractors shall be in compliance with the City of Santa Clarita Oak Tree Ordinance and Preservation and Protection Guidelines at all times throughout the proposed project. UF 11. At no time shall any form of construction materials, equipment or vehicles be placed or stored within the protected zone of an oak tree. UF12. At no time shall any form of hazardous material including but limit too concrete, mortar, stucco, salt, ammonium sulphate, herbicides, fuel, oil, paint, thinner or any other form of liquid contaminate be placed, stored or allowed to leach into the protected zone of an oak tree. UF13. The Conditions of Approval contained in this document are for the retro -active grading and the proposed garage as submitted. These Conditions of Approval do not authorize the property owner permission to build, construct or install any other structures or utilities in and around the protected oak trees that are not listed in the above. UF14. Upon completion of the project and before final approval, the applicant shall be required to submit a letter of compliance prepared by the Arborist of Record (AOR) for all work which has taken place near the protected zone of the oak trees. UF15. These conditions and the related documents shall be required to remain on site at all times through the said project. For any questions related to the above conditions, please contact the City Oak Tree Specialist at (661) 294-2548. S \CD\CURRENT\!2006\06-276 (HR, RAP, OTP)\Plammng Commission\06-276 Condihons.doc Initial Study/Mitigated Negative Declaration for the Dominguez Property Parcel 2, Parcel Map 3494 Master Case No. 06-276 Hillside Development Review 06-013 Ridgeline Alternation Permit 06-001 Oak Tree Permit 06-047 Prepared for: The City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, California 91355-2196 Prepared by: W I LLQAN Serving Public Agencies 13191 Crossroads Parkway North Industry, California 91746-3497 October 2008 ai INITIAL STUDY CITY OF SANTA CLARITA Project Title/Master Case Number: Dominguez Property/ Master Case No. 06-276; HR 06- 013, RAP 06-001; OTP 06-047 Lead Agency name and address: City of Santa Clarrta 23920 Valencia Blvd, Suite 302 Santa Clarrta, CA 91355 Contact person and phone number: Darin Seegmiller Assistant Planner (661)255-4330 Project location: The project site is a roughly rectangular -shaped parcel (APN# 2848-005-028) located approximately 240 feet east of the tennmus of Warm Springs Drive (approximately 2 5 miles south of CA -14 Freeway) in the Canyon Country Community of the City of Santa Clanta, Los Angeles County, California, (see Figure 1). The site consists of 12 5 acres of vacant land just north and west of the Angeles national Forest The site is located on the Mint Canyon 7.5 -Minute United States Geologic Survey (USGS) Topographic Quadrangle dated 1995 (Mint Canyon Quadrangle) and Map Page 4552-E7 of the Los Angeles County Thomas Guide (2008). Applicant's name and address: Erasmo Dominguez 26505 Josel Drive Santa Clarita, California 91387 Property Owner: Erasmo Dominguez 26505 Josel Drive Santa Clarrta, California 91387 General Plan/Zoning designation: 12 5 Acres of RE (Residential Estate General Plan Land Use Designation and Zoning) a a Description of project and setting: Regional Setting The project site is located in the Sand Canyon Community, which is a residential neighborhood in the Canyon Country Community of the City of Santa Clarita. The project site is nestled among sparsely developed residential lots that consist of mainly single family homes on parcels that are 2 acres or larger. The Sand Canyon Community is accessed via Sand Canyon Road, which travels through the community on a north to south axis and connects the Antelope Valley Freeway (S R 14) to the north with Placerita Canyon Road to the south. The City's Master Plan of. Highways (Exhibit C -7a, City of Santa Clarita General Plan) designates Sand Canyon Road as a major highway, with an ultimate roadway design section of at least four travel lanes. The Sand Canyon Community is drained via Sand Canyon Creek and its tributaries Sand Canyon Creek is a natural bottom and blue line stream that flows south to north and drains into the Santa Clara River. Stormwater from the surrounding hillsides and mountains drain into the Sand Canyon Creek via a series of intermittent natural drainages Proiect Setting The project site is composed of one parcel comprising of 12.5 -acres, The site is located approximately 240 feet east of the terminus of Warm Springs Drive and just west of Josel Drive. The site is located approximately 2,000 ft west of and 1,200 ft north of the Angeles National Forest. The project parcel is adjacent to another parcel under the same ownership which contains a single-family residence that is located at 26505 Josel Drive The project was a vacant lot and covered with oak trees, scrub vegetation, annual non-native grasses and weeds. However, the northern portion of the site has been illegally cleared and graded with narrow road cuts and several pad areas. Topographically, the property is located on the north- and west -facing flank of a sloping hillside and contains an east -west hill roughly in the center portion of the property These two features create a bowl -like area on the northern portion of the site that has been previously illegally graded and cleared of most vegetation. The northern portion of the site's ground surface gently descends from the owner's adjacent parcel to the "bowl" area before rising again in a southerly direction to the aforementioned hill To the south of the hill area, the property slopes down to the toe of slope of a significant ridgelme partially located in the Angeles National Forest. Elevations on the site range from 1,600- 2,200 ft above means sea level (amsl) Back rg ound In July, 2002, the City of Santa Clanta received a complaint regarding illegal grading taking place on the project site. Following the complaint, the City issued a stop work order for the grading and informed the property owner that such activities require a grading permit Over the course of the next five years, the City received three additional complaints from neighboring residents regarding illegal grading on the property The City continued to issue stop work orders in response to the complaints and informed the property owner that due to the topography of the site, its proximity to a City designated Significant Ridgelme and the presence of oak trees on the property, additional permits and entitlements from the Planning Division were required prior to the issuance of a grading permit. The City filed a suit against the property owner on February 14, 2006. On August 13, 2007 the Courts grant a Permanent Injunction requiring Dominguez to obtain Hillside Development Review Permit, Ridgelme Alteration Permit, Oak Tree Permit and Grading Permit. (A detailed Timeline of Events related to the Code Enforcement actions by the City of Santa Clarita is included in Appendix A of this document) Project Description The project site is approximately 12 5 acres of vacant land with an average cross -slope of approximately 42 percent within the Ridgelme Preservation overlay The property owner performed approximately 11,000 cubic yards of un - permitted grading which exposed adverse bedding planes in the on-site bedrock and thus created an unstable/unsafe condition In order to stabilize the slope the geotechnical engineer of record recommends a buttress fill be graded to mitigate the adverse condition. Once complete the slope will be stabilized The corrective grading will require 13,637 cubic yards of cut and fill material which will be balanced on-site and consists of approximately 4 6 acres on the 12.5 acre property In addition, the applicant is requesting the approval of a gazebo and detached garage The project site will be graded to provide walkways and small pad areas for the construction of a garage, a gazebo, and landscaping areas. ��3 The project site is located within the Residential Estate (RE) zoning classification and General Plan designation to be used as a landscaped area that will contain a gazebo and a garage The site is adjacent to an adjoining residential lot located to the northeast which is owned by the project applicant/owner The project does not propose the construction of any new housing or any other use except as stated above. In summary, the project consists of corrective grading to include 2:1 to 3.1 cut or fill slopes with walkways and small pad areas (See Figure 5). The project will require the following discretionary actions of the City of Santa Clarrta. ❑ Hillside Development Review (HR) to allow for corrective grading to mitigate damage to the slope done by illegal grading on a parcel with a 42% average cross slope In addition, the applicant is requesting a gazebo and detached garage; and ❑ Ridgelme Alteration Permit (RAP) to allow corrective grading, site preparation activities and a gazebo on land in the upper 2/3 of a slope and within 1000 feet of a Significant Ridgelme. The graded area in the upper 2/3 of the slope consists of approximately nine percent of the required grading; and ❑ Retroactive Oak Tree Permit for the un -permitted grading activities that occurred within the protected zone of four (4) oak trees. Project Site Access and Infrastructure The proposed project does not include roadway access. It adjoins a parcel that is also owned by the adjacent project owner (APN# 2848-003-023) Since the project proposes no new residential structures on the site, the City will require the applicant to record a lot line adjustment to combine the applicant's two adjacent parcels into one parcel. Once recorded, the project site will have roadway access from Josel Drive. Utility service such as water, gas and electrical lines are provided to the applicant's adjacent property on Josel Drive The proposed use of the project site would not require utility services. Irrigation may be supplied from the owner's adjacent property at 26505 Josel Drive. Surrounding land uses: North Single -Family Residential on a 2 -acre parcel East Single -Family Residential on a 2 -acre parcel South Vacant Land (Angeles National Forest) West Single -Family Residential on a 2 -acre parcel Other public agencies whose approval is required: None a� FIGURE 1 - REGIONAL LOCATION MAP Aiigijiotj Nalionul Po-ub� `,nntn ( Jawn Los Arg las 10, Burb.-ank—N Glenzlafe FIGURE 2 - PROJECT LOCATION MAP r f r 1 r7 - r .• �` ."� � —:i __b„y'2'��'1"AI'x •I �u� _ 6.0 NLlb RC ^" t � y � ® j7. of g -t 11.E ^. —"..w--.•' � `a vo LI, r ' j1 r n P " y m .. r Prcj j.4 R� Ll 4 n ^,.,,,�,�,,,yY, ,,,�+_""" 3,yv � ;. �� � •.K �Orr 3'`•n�„' FIGURE 3 - PROPOSED GRADING PLAN (1) .• - r - .. fir.. . - _�`� , I �., - _,,d.` -r r .f �"'�•'•� '•'�t ����}_�.�� - - � - ''•� t -' . _ _' - _ _ t. -y .,',1 `'.F- rr+� '•K- •'S_ rr� _ _.—r' .� I �j Irl • - N` •-...._-- y `t .. i' , 7., �r• r ;y:`. .{_�.. _ - ' i'. --, - `; -.r+.. d,.' 'lnyi �rrtal I 5$il ._.X� •' i � . 5 _ - _ _` ti:'I,.ri:r ,-• yy/`-_-,1�.}•rr.' *trR :i,.' � �I• fl� � �•• - ' _ r .yam qtr. .. 191 'ri. ', t I �',t,` 1 .j;n:+;j 1 :rte{ I:: •:ct-. }.I• '.S•�:=-'�=•t3'}I�r'•- :�=,;1)✓•- ,`�.,�,?• r•.�•��y�,'�,'p'. '' •f `"-�'ti,'';f1`r��'•.'+1',I.'j.w•:�',�y�.a�,♦• •'{ _ .� 'Ir;•,'.� - :•4,:.. - :� .r :•-.-r" `•`tti�-�{j •}•1�f• f .-:}`.r...•. :: �'" ��•' ,, " ,•• � _-J�ye• ��-d 4 f I J. ••a 'y�r :.1"t +r.,. s.. ,_ .. '.I - - _� y.••�. •.`! ^.. r•^ } Y'j_I I S .�,±Is• J rt+: ri ,', .[r.'!i. •:..`. On _ ♦ 4 •1. r _- -:f•+•., %._1v -i 4.I •.. --,�, j4, f,',�•ti.�yl�rt•,�'• r�•, •, •• _ All Ty- ` 11 • .{r4 '-�:_'��y'k.fy:lf _�t' �..+,•;' •' }t' . . :;: % :r _•: '-i'" - •;� : ;r ,':t"�'`•i'•';'yS''•� .' :^��,�%,'cam �( _ _' fir• '+••,;' •- i,'' . + •'�4vt•.- } :Y]"�: �`•'+` ��. ''- %ri' - � '�- �•' _ • �r •`�r � ,'fj _'y�t._.:. -:.� ti ,�`+ ti- - ter... .c -_{I,' i' .�•+ r-; .1 1, __ `" �I�'• lr �r_��r'•Ct�-•max L-'�_ "'-�-- - 1 .•I, ,. _ "a•,•yti xT:+iµ"' i t.�"' �- ^,5, :{• 'ti%r r -_ '.\' • _ Y ; - ` - '•. . ',' 1� � '; -' - ',rte-' t I"�'` • "ro " • . ti � '' - � ''• f 1 4}. • _' I��YY'-.'u�•� �tirildl:tWG.��`.S.__ � �. � ' • � I Ton S'4 •'' - • I1'• '`' 43 `µ,S ♦r���•:'. •'.1',. .1�- •�rr I'`• ;•:,.',`•� � - 4 M1 �•::.•• _ _ �: _ - _ - `'-•.�.: • � moo,' ' _ .—r;,, �.� - � � , .•'.-, ', `� � � I _ _ _ ♦kk KT• ,ti �'•C ;i_ �.. ~ .;`.\ice. ♦ yy •v{� •��r .•, ♦: 'Y.•'.. 6 cR146'1.4J F.IiQ4lCar'EZ - -- W'7' av FIGURE 4 - PROPOSED GRADING (2) L" t'e.c-" ML;, v "; "':51 R. , kyJ'v it to- P. N; Fe Llr. 2 ,A2p YJO{rlr..L" -14. L% n. XN I FIGURE 5 - PROJECT SITE PLAN ,, �, ��i ���, _ , � ��� . ,fir � , .� : p I .� - �q .� � � �� ��� � � ,v�W� t � E f " I� � sb a .� �. .. K t i. w 1 �. ���f �.. a�i11 sM1 �_� ,off ��e;�. .�a., ag �., _ - a 1 � � � � �� r �,. �� .t I $ gat � { ; , �� � m7.e �. a � `���' � � ry.�g°/ t V F +'%•, ,�� t y � li e+��v. ' Tf "xr,; r� w "' �' � y ice. j; Gk � a . � » � 4�: � -d xf... . na." Air � �: 4 � } . .- ' r�� �.� �, ,,,�� � I _ ';� �p � � � �� � �. . . ,W �_, � � �� ,. _. ��; � ,, at,'� � z� �'- � "a 4 � , �� .e �� ,.� A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or a "Potentially Significant Impact Unless Mitigation Measures incorporated" as indicated by the checklist on the following pages ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ® Biological Resources ® Cultural Resources ® Geology /Soils ❑ Hazards & Hazardous Materials ❑ Hydrology / Water Quality ❑ Land Use / Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation / Traffic ❑ Utilities / Service Systems ❑ Mandatory Findings of Significance B. DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been address by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed Name For Signature Date Printed Name For 311 C. EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Less Than Less Than No Significant Significant withSignificant Impact Impact Impact p Mitigation I. AESTHETICS - Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared ❑ ❑ ❑ ® ❑ a) Have a substantial adverse effect on a scenic vista? California Resources Agency, to non-agricultural use9 b) Substantially damage scenic resources, including, but not limited ❑ ❑ ❑ ❑ to, primary/secondary ridgelines, trees, rock outcroppings, and Act contract9 historic buildings within a state scenic highway? ❑ ❑ ❑ c) Substantially degrade the existing visual character or quality of the ❑ ❑ ® ❑ site and its surroundings? d) Other ❑ d) Create a new source of substantial light or glare that would ❑ ❑ ❑ adversely affect day or nighttime views in the area? ❑ ❑ ❑ ❑ e) Other II. AGRICULTURE RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared ❑ ❑ ❑ pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use9 b) Conflict with existing zoning for agricultural use, or a Williamson ❑ ❑ Act contract9 c) Involve other changes in the existing environment, which due to ❑ ❑ ❑ their location or nature, could result in conversion of Farmland, to non-agricultural use? d) Other ❑ ❑ ❑ ❑ iIi. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air ❑ ❑ ® ❑ quality plan? b) Violate any air quality standard or contribute substantially to an ❑ ❑ ® ❑ existing or projected air quality violation? Potentially Less Than Less Than Significant Significant Significant No Impact with Impact Impact Mitigation c) Result in a cumulatively considerable net increase of any criteria ❑ ® ❑ ❑ or special status species in local or regional plans, policies, or pollutant for which the project region is non -attainment under an ❑ El ® ❑ applicable federal or state ambient air quality standard (including b) Have a substantial adverse effect on any riparian habitat or other releasing emissions that exceed quantitative thresholds for ozone sensitive natural community identified in local or regional plans, ❑ ❑ ® ❑ precursors)? and Game or US Fish and Wildlife Service9 ❑ ❑ ® ❑ d) Expose sensitive receptors to substantial pollutant concentrations ❑ ❑ ❑ not limited to, marsh, vernal pool, coastal, etc.) through direct e) Create objectionable odors affecting a substantial number of ❑ ❑ ❑ d) people? migratory fish or wildlife species or with established native f) Other ❑ ❑ ❑ ❑ IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat 13 33 modifications, on any species identified as a candidate, sensitive, ❑ ® ❑ ❑ or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ ❑ ® ❑ policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service9 c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but ❑ ❑ ❑ not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native ❑ ❑ ® ❑ resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological ❑ ® ❑ ❑ resources, such as a tree preservation policy or ordinance9 Oak trees9 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved ❑ ❑ ❑ local, regional, or state habitat conservation plan? g) Affect a Significant Ecological Area (SEA) or Significant Natural Area (SNA) as identified on the City of Santa Clarita ESA ❑ ❑ ❑ Delineation Map? h) Other ❑ ❑ ❑ ❑ 13 33 V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064 5? c) Directly or indirectly destroy or impact a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? e) Other VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. it) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial wind or water soil erosion or the loss of topsoil, either on or off site? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Change in topography or ground surface relief features? 14 Potentially Less Than Less Than No Significant Significant withSignificant Impact Impact Impact p Mitigation ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ 1:1 El ® ❑ ❑ ® ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving explosion or the release of hazardous materials into the environment (including, but not limited to oil, pesticides, chemicals, fuels, or radiation)? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f} For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? i) Exposure of people to existing sources of potential health hazards (e.g., electrical transmission lines, gas lines, oil pipelines)? ON ,❑ ❑ ❑ ❑ Potentially Less Than Significant Less Than No ❑ Significant ith Significant Im act p ❑ ❑ Impact Mitigation Impact g) Earth movement (cut and/or fill) of 10,000 cubic yards or more? ❑ ❑ ® ❑ h) Development and/or grading on a slope greater than 10% natural ❑ ❑ ® ❑ grade9 i) The destruction, covering or modification of any unique geologic ❑ ❑ ® ❑ or physical feature? j) Other ❑ ❑ ❑ ❑ VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving explosion or the release of hazardous materials into the environment (including, but not limited to oil, pesticides, chemicals, fuels, or radiation)? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f} For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? i) Exposure of people to existing sources of potential health hazards (e.g., electrical transmission lines, gas lines, oil pipelines)? ON ,❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ J5 j) Other VIII. HYDROLOGY AND WATER QUALITY- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit to aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Changes in the rate of flow, currents, or the course and direction of surface water and/or groundwater? 1) Other modification of a wash, channel creek or river? m) Impact Stormwater Management in any of the following ways 101 Potentially Less Than Signifi�ant Less Than No Significant Significant Im act p Impact Mitigation Impact ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ 3 6 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ 3 6 Potentially Less Than Less Than Significant No Significant with Significant Impact Impact Impact Mitigation i) Potential impact of project construction and project post- ❑ 1:1 ® 0 construction activity on storm water runoff ii) Potential discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment maintenance (including F-1 11 ® ❑ washing), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas? iii) Significant environmentally harmful increase in the flow velocity or volume of storm water runoff iv) Significant and environmentally harmful increases in erosion of ❑ ® El the project site or surrounding areas? v) Storm water discharges that would significantly impair or contribute to the impairment of the beneficial uses of receiving waters or areas that provide water quality benefits (e.g., riparian corridors, wetlands, etc.) vi) Cause harm to the biological integrity of drainage systems, ® ❑ watersheds, and/or water bodies? vii) Does the proposed project include provisions for the ❑ ❑ ❑ separation, recycling, and reuse of materials both during construction and after project occupancy? IX. LAND USE AND PLANNING - Would the project: a) Disrupt or physically divide an established community (including a low-income or minority community)? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not ❑ ❑ Ellimited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan, natural ❑ ❑ ❑ community conservation plan, and/or policies by agencies with jurisdiction over the project? X. MINERAL AND ENERGY RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that E] ❑ would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral ❑ El 1:1resource recovery site delineated on a local general plan, specific plan or other land use plan? c) Use nonrenewable resources in a wasteful and inefficient manner? 17 XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels9 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels9 fj For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere (especially affordable housing)? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES - Would the project result in: a) Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services - i) Fire protection? u) Police protection? 18 Potentially Less Than Less Than Significant Significant Significant No Impact Impact Impact p Mitigation 0 n 8 ■ ■ F 1, In ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 n 8 ■ ■ F 1, In Potentially Less Than Signi Less Than No Significant fihant Significant Im act p Impact Mitigation Impact ❑ 0 El ni) Schools? volume to capacity ratio on roads, or congestion at intersections)? ❑ ❑ ❑ iv) Parks? Exceed, either individually or cumulatively, a level of service ❑ XIV. RECREATION - Would the project: standard established by the county congestion management agency a) Increase the use of existing neighborhood and regional parks or ❑ ❑ ❑ other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or Elexpansion of recreational facilities which might have an adverse physical effect on the envtronment9 XV. TRANSPORTATION/TRAFFIC — Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i e , result in ❑ ❑ a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service ❑ standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an El 1:1 1:1increase in traffic levels or a change in location that results in substantial safety risks9 d) Substantially increase hazards due to a design feature (e g , sharp 1:1 E] 1:1curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access9 f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e g , bus turnouts, bicycle racks)? ❑ E] h) Hazards or barriers for pedestrians or bicyclists? XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable El ❑ Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the 1:1 ❑ 0 construction of which could cause significant environmental effects? 19 �9 Potentially Less Than Less Than Significant SigWrthant Significant No Impact Impact Impact p Mitigation c) Require or result in the construction of new storm water drainage ❑ ❑ ® ❑ facilities or expansion of existing facilities, the construction of sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or which could cause significant environmental effects? mayor periods of California history or prehistory? b) Does the project have impacts that are individually limited, but d) Have sufficient water supplies available to serve the project from 1:1 El ® ❑ existing entitlements and resources, or are new or expanded effects of other current projects, and the effects of probable future projects)9 entitlements needed? c) Does the project have environmental effects which will cause ❑ ❑ ® ❑ substantial adverse effects on human beings, either directly or e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity ❑ ❑ ❑ to serve the project's projected demand in addition to the provider's existing commitments9 f) Be served by a landfill with sufficient permitted capacity to ❑ ❑ ❑ accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations ❑ ❑ ❑ related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- El ❑ ® ❑ sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the mayor periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable ❑ ❑ ® ❑ when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)9 c) Does the project have environmental effects which will cause ❑ ❑ ® ❑ substantial adverse effects on human beings, either directly or indirectly? 11D NO] D. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR EARLIER ANALYSIS: Section and Subsections Evaluation of Impacts I. AESTHETICS I a. Less Than Significant Impact The project site is approximately 12 5 acres of vacant land with an average cross - slope of approximately 42 percent within the Ridgelme Preservation overlay The property owner performed approximately 11,000 cubic yards of un -permitted grading which exposed adverse bedding planes in the on-site bedrock and thus created an unstable/unsafe condition. In order to stabilize the slope the geotechnical engineer of record recommends a buttress fill be graded to mitigate the adverse condition Once complete the slope will be stabilized The recommended buttress fill requires the entire slope to be graded. The corrective grading will require 13,637 cubic yards of cut and fill material which will be balanced on-site and consists of approximately 4.6 acres on the 12 5 acre property. In addition, the applicant is requesting the approval of a gazebo and detached garage The project site will be graded to provide walkways and small pad areas for the construction of a garage, a gazebo, and landscaping areas. The project would not damage any significant ridgelmes, historic structures or other visual resources identified in the City's General Plan or on the City's planning maps. The site is subject to a Hillside Development Review, which requires that the project be designed to preserve the natural characteristics of the site in regards to such things as topography, scenic features, vegetation and wildlife. The project is also subject to the standards and conditions of a Ridgelme Alteration Permit due to the existence of a Significant Ridgelme, located within 1000' to the south of the project site Approximately nine percent of the project's grading encroaches into the upper 2/3 of the Significant Ridgelme, which begins at 1960 feet above mean sea level (AMSL). The grading into the upper 2/3 of the Ridgelme consists of a cut in the southern portion of the site that extends to a maximum height of 1995 ft AMSL, with the top of ridgelme at an elevation of 2,200 ft AMSL. The standards and conditions set by the Ridgeline Alteration Permit will ensure that the development will be designed with high professional standards and will be consistent with the aesthetic character of the City Additionally, under the City of Santa Clarnta's General Plan, the project site currently designated as Residential Estate (RE) within the City of Santa Clarrta's General Plan. Although the project proposes no dwelling units, it will be used for ancillary residential uses including a landscaped area, a gazebo, and a garage, thus keeping with existing aesthetic quality of the area The extent of activity within the project would not damage any scenic resources and the grading will be consistent with the requirements issued by the City Thus, the proposed project would not significantly impact any scenic vistas in the area Impacts are expected to be less than significant I b. No Impact The proposed project site is not located along an "Eligible State Scenic Highway " According to the California Department of Transportation's State Scenic Highway program for Los Angeles County, the nearest "Eligible State Scenic Highway" is along Interstate 5 freeway, extending from the Interstate 210 interchange to the S R 126/Newhall Ranch Road The project site is located within the southeast portion of the City of Santa Clarita and not located near Interstate 5 Therefore, the proposed project would have no impact on scenic resources near a state scenic highway. I c. Less Than Significant Impact The subject site is currently undeveloped with a number of recent, illegally graded roads and small graded area. The proposed project consists of corrective grading to mitigate the unsafe slope in addition to walkways and small pad areas This development will be used for future structural support of a gazebo, as well as landscaping area. The project will be used for ancillary residential uses and will be in conformance with the visual character of the surrounding area. Therefore, impacts are expected to be less than significant. I d. No Impact The project site is currently undeveloped, and as a result, does not generate any day or nighttime glare. The proposed project consists of grading 2.1 to 3 1 cut and fill slopes with walkways and small pad areas which will be used for landscaping areas, a gazebo, and a garage These proposed uses will introduce minimal amounts of light from landscape and security lighting but will be consistent with the illumination in the surrounding residential areas The proposed project will not create any daytime glare nor any substantial nighttime lighting; and no day or nighttime views would be affected. Therefore, no impacts are expected. I e. N/A II. AGRICULTURE RESOURCE S II a. No Impact There are currently no agricultural operations in the proposed project site Furthermore, the project site does not contain any,areas of Prime Farmlands, Farmlands of Statewide Importance, Unique Farmland, or Farmland of Local Importance designated by the California Department of Conservation, Division of Land Resource Protection, and the California Association of Resource Conservation Districts (Farmland 3.1-4 Map 2002) Therefore, the proposed project would have no impacts to areas designated as Prime Farmland, Unique Farmland, or Farmland of Statewide or Local Importance. III. AIR QUALITY II b. No Impact The City of Santa Clarrta does not have any agricultural zoning designations, nor does the City's General Plan identify any agricultural land use designations Further, there is no Williamson Act contract land in the City. Therefore, the proposed project would not conflict with zoning for agricultural use or Williamson Act contracts, and would have no related impacts. II c. No Impact The project site is not currently used for agricultural purposes. Additionally, the development of the project site would not, in any way, hinder the operations of any existing agricultural practices Therefore, the proposed project would not have an impact that could result in conversion of farmland to non-agricultural use Therefore, no impacts are expected II d. N/A III a. Less Than Significant Impact The Air Quality Management Plan (AQMP) for the South Coast Air Basin (SCAB) sets forth a comprehensive program that will lead the SCAB into compliance with all federal and state air quality standards. The AQMP control measures and related emission reduction estimates are based upon emissions projections for a future development scenario derived from land use, population, and employment characteristics defined in consultation with local governments Accordingly, conformance with the AQMP for development projects is determined by demonstrating compliance with local land use plans and/or population projections The current General Plan Land Use Designation for the project site is Residential Estate (RE), requiring two -acre minimum lot size for each dwelling unit. The proposed project does not include the construction of any new dwelling unit(s). Rather, it proposes allowable accessory uses associated with the RE Zone Thus, the 22 ya project conforms to the anticipated development densities set forth in the City's General Plan, it is therefore consistent with the AQMP. Therefore, this project is considered to be consistent with the land use information that was the basis for the current AQMP and will not obstruct implementation of the plan Impacts are expected to be less than significant III b. Less Than Significant Impact The project site is within the South Coast Air Basin, which includes all of the non - desert portions of Los Angeles County. Although air quality in the southern California region continues to improve as additional pollution controls are implemented, the air basin remains a non -attainment area for both the federal and state standards for ozone, fine particulate matter less than 10 microns in diameter (PM10), and fine particulate matter less than 2 5 microns in diameter (PM2 5) Ozone is a pollutant that is formed by a chemical reaction involving reactive organic compounds (ROC) and nitrogen oxides (NOx) in the presence of sunlight. In the long term (i e , operation), typical land use projects generate air pollutants from generation of vehicle trips and an increase the consumption of electricity and natural gas. The proposed project, which consists of grading a 12.5 -acre site and building a gazebo and garage, would not generate any additional vehicle trips or increase the consumption of electricity and natural gas Therefore, the project would not generate a measurable amount of long-term pollutants, and long-term operational impacts were not assessed However, the project would generate air pollutants during the grading of the project site. SCAQMD has set forth six criteria pollutant daily emission thresholds for both construction and operational impacts which will be used in determining significance. They include VOC (volatile organic compounds), CO (carbon monoxide), NO, (oxides of nitrogen), PMio (particulate matter less than 10 microns in diameter), PM2 5 (particulate matter less than 2.5 microns in diameter), and SO., (oxides of sulfur). Of these pollutants, the SCAB is designated as a non -attainment area for ozone, carbon monoxide, PMio, and PM2 5. A project's impact to regional air quality is considered significant if construction activities associated with it would result in emissions exceeding: ❑ 75 pounds per day of reactive organic compounds (ROC) ❑ 100 pounds per day of nitrogen oxides (NOx) ❑ 550 pounds per day of carbon monoxide (CO) ❑ 150 pounds per day of fine particulate matter (PMio) ❑ 55 pounds per day of fine particulate matter 2 5 microns or less (PM2 5) ❑ 150 pounds per day of sulfur oxides (SOx) Construction -induced air pollutants include fugitive dust (PMio) from earth movement and equipment exhaust, which includes NOx, ROCS, PM2 5, and CO. Table 1 compares the project's construction emissions as estimated with the URBEMIS 2002 model. The projected construction emissions for each of the criteria pollutants are expressed in pounds per day and are shown in Table 1 below - Table 1 Temporary Construction -Related Air Pollutant Emissions Maximum Daily Pollutant Emissions Threshold Threshold Exceeded? (lbs/day) (lbs/day) VOC 3 35 75 No 23 �3 NOx 2807 100 No CO 1477 550 No PM10 6301 150 No PM 25 1446 55 No SO2 000 150 No Emissions calculated using URBEMIS2002 computer model, California Air Resources Board As shown in Table 1, construction of the proposed project would be well within SCAQMD's thresholds for all six criteria pollutants. Consequently, the project's impact to regional air quality is not considered significant. Thus, impacts are expected to be less than significant III c. Less Than Significant Impact As discussed above in III b the project would not result in considerable net increase in criteria pollutants for which the region is a non -attainment area under the applicable federal and state ambient air quality standard (including the release of emissions that exceed the quantitative thresholds for ozone precursors) for reasons stated in that section. The South Coast Air Basin (SCAB) is designated as a non -attainment area for ozone, carbon monoxide, PMio, and PM25. State CEQA Guidelines Section 15064(h)(3) addresses evaluation of cumulative effects For an impact involving a resource that is addressed by an approved plan or mitigation program, the Guidelines provide that a lead agency may determine that a project's incremental contribution is not cumulatively considerable, if the project complies with the adopted plan or program. The proposed subject site is consistent with the underlying land use data (from the City's General Plan) that were the basis for the current AQMP Therefore, impacts are considered less than significant. Greenhouse Gasses/Global Climate Change "Greenhouse gases" (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as "global warming." These greenhouse gases contribute to an increase in the temperature of the earth's atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation. The principal greenhouse gases (GHGs) are carbon dioxide (CO2), methane, nitrous oxide, ozone, and water vapor Collectively GHGs are measured as carbon dioxide equivalent (CO2E) Fossil fuel consumption in the transportation sector (on -road motor vehicles, off- highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases The Governor's Office of Planning and Research is in the process of developing CEQA significance thresholds for GHG emissions but thresholds have yet to be established. GHG statues and executive orders (EO) include Assembly Bill (AB) 32, Senate Bill (SB) 1368, Executive Order (EO) S-03-05, EO S-20-06 and EO S-01-07. AB 32, the California Global Warming Solutions Act of 2006, is one of the most significant pieces of environmental legislation that California has adopted Among other things, it is designed to maintain California's reputation as a "national and international leader on energy conservation and environmental stewardship." Most notably AB 32 mandates that by 2020, California's GHG emissions be reduced to 1990 levels. For the purposes of this document, the lead agency analyzed whether the project would conflict with the state goal of reducing greenhouse gas emissions in California to 1990 levels by 2020, as set forth by the timetable established in AB 32 With regard to new projects in California, GHG impacts are nearly always exclusively cumulative impacts, there are no non -cumulative GHG emission impacts from a climate change perspective. As with other individual relatively small projects (i e , projects that are not cement plants, oil refineries, electric generating facilities/providers, co -generation facilities, or hydrogen plants or other stationary combustion sources that emit more than 25,000 million metric tons of carbon dioxide equivalent/year [MMT COZE/yr]), the primary concern would be whether the project would be in conflict with the state goals (AB 32) for reducing greenhouse gas emissions Three types of analyses are used to determining whether the project could be in conflict with the state goals for reducing greenhouse gas emissions. The analyses are reviews of A. The potential conflicts with the CARB 44 early action strategies for AB 32; B The relative size of the project in comparison to the estimated greenhouse reduction goal of 174 MMTCO2E by 2020 and in comparison to the size of mayor facilities that are required to report greenhouse gas emissions (25,000 metric tons of COzE/yr) (CARE, 2007f); and C The bask parameters of the project to determine whether its design is inherently energy efficient. With regard to Item A, the project does not pose any apparent conflict with the most recent list of the CARB early action strategies, which apply nearly exclusively to the fuel/energy, transportation, agriculture, manufacturing, and forestry sectors With regard to Item B, project operation is not expected to generate GHGs As such, the project is not required to report GHG emissions (the minimum reporting limit of 25,000 MMT of COzE/yr) and would not affect the states reduction goal of 174 million metric tons per year. With regard to Item C, given that project operation would not generate GHG's, energy efficiency is not applicable in this case The only GHG's generated by the project would be during construction Project construction is expected to generate 52 2 tons of CO2 For comparison, California's annual greenhouse gas emissions are 478 65 million tons (according to the 2004 inventory). Based on the project's greenhouse gas emissions estimates, it is not anticipated that the project emissions alone will substantially add to the global inventory of greenhouse gas emissions Recognizing that there is a great amount of public concern regarding GHGs, the majority of the information given above is for disclosure purposes as required by CEQA There is no agreement among air quality experts, or guidance at the state level, regarding the level at which an individual project's incremental GHG effect is cumulatively considerable Given the emerging level of experience within the air quality industry with GHG analyses, coupled with the fact that the policies implementing the state goal of reducing GHG emissions in California to 1990 levels by 2020, as set forth by the timetable established in AB 32, have not been adequately defined, there is no way to state with reasonable scientific certainty that the project will conflict with these policies Finally, the project would not be directly impacted by any known or anticipated effects Given the site's location, the project would clearly not be affected by sea level rise III d. Less Than Significant Impact The project is within a rural residential community and the surrounding homes are sensitive receptors However the proposed project would not generate an amount or concentration of air pollutants that would significantly impact the nearby sensitive receptors In addition, the project would not produce any long-term operational emissions. While some emissions would occur during the grading of the site, they would not cause concentrations of air pollutants to reach unhealthful levels (See III(b), above). Therefore the project's impact on sensitive receptors would be less than significant. III e. No Impact The proposed project consists of the creation of landscaped areas, a gazebo, and a garage that would not be expected to generate any objectionable odors Therefore, no impacts are expected. iV. BIOLOGICAL RESOURCES IV a. Less Than Significant Impact with Incorporation of Mitigation Source Biological Reconnaissance of the Dominguez Property Section 36 of Township 4 North, Range 15 West USGS 7.5-mmule "Mint Canyon, California" Quadrangle, City of Santa Clarita, Prepared by ECORP Consultants, prepared for Sikan Engineering Associates, January 2008 This report is available for review as part of the project file at Santa Clarita City Hall, Planning Counter, 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355 during normal business hours (7 30 a m to 5 30 p m Monday through Thursday 8 00 a m to 5 00 p m. Friday) The 12.5 -acre project site is located at the eastern terminus of Warm Springs Drive The topography of the site undulates in elevation from 1,600--2,200 feet above mean sea level (amsl) The project overall would have a less than significant impact after Mitigation on species identified as candidate, sensitive or special status species in local or regional plans, policies or regulations, or by the CDFG or USWFS with the incorporation of mitigation measures The discussions below describe the special status species that occur, or could occur, on the project site and identify the project's potential impacts on those species. Raptors and Mi rg atory Birds There is the potential to impact habitat for migratory species. The proposed project site contains trees that may provide adequate nesting habitat for a number of bird species The Migratory Bird Treaty Act (MBTA) makes it unlawful for anyone to kill, capture, collect, posses, buy, sell, trade, ship, import or export any migratory bird including feathers, parts, nests, or eggs CDFG code 3503 makes it illegal to destroy any birds' nest or any birds' eggs that are protected under the MBTA Code 3503 5 further protects all birds of prey, such as hawks and owls, and their eggs and nests from any form of take Project related disturbance of active nests, either direct of indirect, if identified, will require concurrence with CDFG and a permit from the MBTA division of USFWS The potential impacts to raptors and migratory birds will be reduced to a less than significant level with the incorporation of the Mitigation Measure listed below: Mitigation Measure IV -1: In order to reduce the potential impact to nesting birds through grading and other construction related activities, ground and vegetation disturbing activities shall take place outside of the recognized nesting season, if practical The nesting season typically occurs between early February and August, but can vary slightly from year to year. If ground disturbing and vegetation disturbing activities must occur within the recognized nesting season, then pre -construction nesting bird surveys, and weekly surveys thereafter during the nesting season, shall be performed to identify any nests that may be impacted by construction activities If any active nests are located within the proposed disturbance area or within 100 feet of ground disturbing activities, a 100 feet buffer area will be flagged around the nest (500 feet from any active raptor nest) and no activity will be allowed to the buffer area until nesting is completed as verified by the project biologist Periodic monitoring by a biologist shall be performed to determine when nesting is complete Special Status Habitats The California Natural Diversity Database (CNDDB) was used to determine the nearest known location of special status habitats. The CNDDB documented several special status habitats to the vicinity of the project site However, the biological assessment survey performed on the project site found that there were no special status habitats occurring on site, nor were they likely to occur. Rather, ECORP identified the habitats onsite to be northern mixed chaparral, oak woodland, non- native grassland, disturbed coastal sage scrub, disturbed and developed areas, ruderal areas, and ornamental landscaping None of these habitats are sensitive or special status Therefore, the proposed project would not significantly impact special status habitats. Special Status Plants Prior to conducting field surveys, a search of the CNDDB was conducted for special status plants to and around the survey area which set the framework for a focused survey of the plants identified in the database to determine if they occurred on site. Twenty-two sensitive plant species (six of them listed) were identified to the database search in the vicinity of the project site Six of the aforementioned had the potential to occur on the site. They include ❑ Slender -horned spmeflower (Dodecahema leptoceres)• Presumed absent — no potentially suitable habitat present and not observed onsite; Federally Endangered (FE), State Endangered (SE) California Native Plant Society (CNPS) List 1B 1 ❑ Nevin's barberry (Berberis nevmu)• Possible to occur — potentially suitable habitat present, but not observed onsite, CNPS List 1 B.2. ❑ San Fernando Valley spmeflower (Chorzzanthe parryi var fernadma). Presumed absent — no potentially suitable habitat present; CNPS List 1B 2 ❑ Santa Susana tarplant (Diendrada mmthormis): Low potential to occur — potentially suitable habitat, but not observed onsite and no occurrences exists within 10 miles of the site; CNPS List 1 B 2 ❑ California Orcutt grass (Orcuttia californica)• Presumed absent — suitable vernal pool habitat not present, FE, SE, CNPS List 1B.1. ❑ Spreading navarrieta (Navarretta fossalts)• Presumed absent — suitable vernal pool habitat not present and not observed onsite; Federal Threatened (FT), CNPS List 1B.1. As determined to the biological reconnaissance report prepared for the project, all of the plants listed above have a very low likelihood to occur on the site except Nevin's barberry In regards to Nevin's barberry, ECORP notes that, "if this species was present on site it would have been observed during the survey due to its large growth 1 ECORP describes the disturbed coastal sage scrub community onsite as a previous borrow site that was re -sprouted with mixed chaparral and coastal sage scrub species ECORP further predicts that this community is in an early stage of succession and, given the dominant species in the area, the community will likely transition into northern mixed chaparral 27 �17 habitat and identifiable characteristics throughout the year " As such, Nevin's barberry is considered to not currently exist onsite. Therefore, impacts on special status plants are considered less than significant and no mitigation or further study is required Special Status Animals Prior to conducting field surveys, a search of the CNDDB was conducted for special status animals in and around the survey area which set the framework for a focused survey of the animals identified in the database to determine if they occurred on site or their likelihood to occur on site. Nine (9) listed animals were identified and twenty-two (22) California Species of Concern were identified for investigation. The following species had the greatest potential to occur on the site per the biological reconnaissance* ❑ Burrowing owl (Athene cunicularia)• This is a California Special Concern Species and was not observed during the survey The likelihood of the occurrence of this species is considered low due to the rolling topography and dense vegetation of the site which is atypical habitat for the species. ❑ Coastal California gnatcatcher (Polioptila californica)• This species is a federally -listed threatened (FT) species and a California Special Concern Species. The project site is located within a proposed and final critical habitat for this species. However, the majority of the site is disturbed/recovering mixed chaparral with some disturbed coastal sage scrub intermixed, and the adjacent open space is impenetrable mixed chaparral and oak woodland, which is not suitable for the gnatcatcher. Thus, the gnatcatcher is not likely to occur on the site. The potential impacts to the species listed above are considered less than significant due to their low propensity to occur on the site No mitigation or further study is required iV b. Less Than Significant Impact Source- Biological Reconnaissance of the Dominguez Property Section 36 of Township 4 North, Range 15 West USGS 7.5 -minute "Mint Canyon, California" Quadrangle, City of Santa Clarita, Prepared by ECORP Consultants, prepared for Sikan Engineering Associates, January 2008. This report is available for review as part of the project file at Santa Clarita City Hall, Planning Counter, 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355 during normal business hours (7.30 a m. to 5 30p m Monday through Thursday 8.00 a.m to 5 00p m Friday) The project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service The biological assessment of the project site identified no existence of riparian or other sensitive habitat areas (See also IV -a, above ) Therefore, impacts on hibiat are less than significant. IV c. No Impact Source Biological Reconnaissance of the Dominguez Property Section 36 of Township 4 North, Range 15 West USGS 7.5 -minute "Mint Canyon, California" Quadrangle, City of Santa Clarita, Prepared by ECORP Consultants, prepared for Sikan Engineering Associates, January 2008 This report is available for review as part of the project file at Santa Clarita City Hall, Planning Counter, 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355 during normal business hours (7 30 a m to 5.30 p m Monday through Thursday 8 00 a in to 5 00 p in Friday) No federally protected wetlands, most specifically vernal pools which are known to 28 support unique life forms, were observed during the field surveys and none are known to occur within the proposed project site. Therefore, no impacts to federally protected wetlands or any sensitive species associated with federally protected wetlands are anticipated with the implementation of the project The area was surveyed by members of the ECORP Consulting Services, Inc biological staff and the determination was made that the area did not support wetlands because there was no evidence that the existing storm drains located in the canyon bottom supported the three major elements necessary to accommodate a wetland environment. There was no presence of wetland hydrology, there were no wetland soils, and no hydrophytic vegetation existed. With the absence of these three elements, it was determined that the wetland environment does not exist on the project site. IV d. Less Than Significant Impact Source: Biological Reconnaissance of the Dominguez Property Section 36 of Township 4 North, Range 15 West USGS 75-mmute "Mint Canyon, California" Quadrangle, City of Santa Clarita, Prepared by ECORP Consultants, prepared Jor Sikan Engineering Associates, January 2008 This report is available for review as part of the project file at Santa Clarita City Hall, Planning Counter, 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355 during normal business hours (7 30 a in to 5.30 p. m. Monday through Thursday 8.00 a in to 5 00p m Friday). The ability of wildlife to move from one tract of habitat to another increases the value of the habitat. Habitats with wildlife movement opportunities allow for population dispersal and seasonal migration, and increase the area for home range activities Wildlife movement opportunities are often called wildlife corridors The project site functions as part of a larger contiguous open space area but not as a wildlife movement corridor The drainages and ridgelines provide connectivity between large tracts of open land to the southwest of the site and could serve as local wildlife movement corridors, but do not provide for long-distance wildlife movement According to the biological report prepared for the project, the site does not provide crucial connectivity to isolated areas of habitat. Therefore, the proposed project would not significantly impact wildlife movement and impacts on wildlife corridors are considered less than significant IV e. Less Than Significant Impact with Incorporation of Mitigation Source Oak Tree Report Parcel 2 of P. M. 3494, prepared by Trees, Etc for Mr and Mrs. Erasamo Dominguez, June 27, 2006 This report is available for review as part of the project file at Santa Clarita City Hall, Planning Counter, 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355 during normal business hours (7 30 a m, to 5.30 p.m. Monday through Thursday 8 00 a m to 5 00p m Friday) The City of Santa Clarita's Oak Tree Ordinance (Ordinance 88-34) is the only local policy or ordinance that protects biological resources. This ordinance establishes regulatory measures that mandate the manner in which oak trees may be removed, pruned, cut or encroached upon Oak trees include any tree of the oak genus Quercus, which includes valley oaks, California live oaks, canyon oaks, interior live oaks and scrub oaks regardless of size Per the Oak Tree Ordinance, in order to remove or modify any trees on the project site, an applicant will need to secure an Oak Tree Permit from the City. According to an oak tree survey conducted by Trees, Etc in June 2006, the project site has four (4) oak trees All of these trees are coastal live oaks (Quercus agrifolia) The survey determined that none of these trees would need to be removed nor would they be encroached upon within their driplines and/or protected zones according to the City's Ordinance as they are located outside of the proposed grading area However, to ensure these trees are protected, the following mitigation measures will be implemented - Mitigation Measure- IV -2: In order to avoid accidental damage or disturbance to oak trees on or near the site, prior to the issuance of grading permit, all oak trees on site or within 50 feet of the potential area of ground disturbance shall be fenced at their protected zones with a minimum 4' high fence before any site grading commences Fencing shall remain during all phases of construction and shall not be moved or removed without City approval Mitigation Measure—IV-3: In order to avoid accidental damage or disturbance to oak trees on or near the site, no equipment storage, debris drop, parking, etc., shall occur within the oak tree drip lines during construction. Mitigation Measure—IV-4: No over -excavation outside of any cut and/or fill slopes ("tops" or "toes") for the proposed project shall occur within the driplme and/or Protected Zone of any on-site native Oak trees, unless required by the project engineer and approved by the City of Santa Clarita. With the incorporation of Mitigation Measures IV -2 through IV -4, impacts to protected biological resources such as oak trees are expected to be less than significant IV f. No Impact The project site is not within a Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved local, regional, or state habitat conservation plan Therefore, the project would not conflict with any adopted habitat conservation plans, and the projects would have no related impacts. IV g. No Impact The project site is not within a Significant Ecological Area identified on either Exhibit OS -2 of the City's General Plan or the Los Angeles County Significant Ecological Area mapping. The project site is also not within a Significant Natural Area identified by the CDFG. The closest such area to the project sites is the Santa Clara River Corridor Significant Ecological Area, which exists north of the project site, south of Soledad Canyon Road The proposed project would not encroach into, or otherwise damage, the Santa Clara River corridor Therefore, the proposed project would have no impact to Significant Ecological Areas or Significant Natural Areas IV h. N/A V. CULTURAL RESOURCES V a. No Impact The project site is vacant with assorted oak trees and native and non-native vegetation on the site. Since the project site is undeveloped there are no significant historical resource onsite. Furthermore, this portion of the Santa Clarita Valley is not known or expected to contain any historic resources onsite, as the majority of historic resources in the valley are associated with railroad development and the Newhall community. Therefore, the proposed project would not cause a substantial adverse change in the significance of a historical resource, and the project would have no related impacts. V b. Less Than Significant with Incorporation of Mitigation The project site is not known or expected to contain prehistoric or historic archeo- logical sites However, the project involves significant grading into previously 30 (.50 undisturbed soils. Thus, there is a potential for grading of the project to encounter previously undiscovered archeological resources. In the unlikely event that archaeological resources are encountered during grading or construction of the project, Mitigation Measure V-1 requires all project grading and construction efforts to halt until an archeologist examines the site, identifies the archaeological significance of the find, and recommends a course of action Incorporation of Mitigation Measure VI -1 would ensure the proposed project would not significantly impact archaeological resources. Impacts are considered less than significant with the incorporation of mitigation. Mitigation Measure V-1: If archaeological resources are encountered during project construction, all construction activities shall halt until an archeologist certified by the Society of Professional Architects examines the site, identifies the archaeological significance of the find, and recommends a course of action. Construction shall not resume until the site archaeologist states in writing that the proposed construction activities will not significantly damage archaeological resources, and the City of Santa Clarita concurs with this conclusion V c. Less Than Significant with incorporation of Mitigation The earth materials on the project sites consist of alluvium underlain by the Miocenene Mint Canyon Formation The alluvium layer is anticipated to be thicker along the valley floor than along the hillsides and ridgelme slopes. Paleontological resources or unique geologic features are unlikely to be present within these earth materials However, due to the undeveloped nature of the site, and the substantial excavation that is proposed, it cannot be precluded that paleontological resources will not be encountered during grading. Thus, to ensure the proposed project does not impact paleontological resources, Mitigation Measure V-2 requires all project grading and construction efforts to halt if paleontological resources are found, until a paleontologist examines the site, identifies the significance of the find, and recommends a course of action Incorporation of Mitigation Measure VI -2 would ensure the proposed project would not significantly impact paleontological resources or unique geologic features Mitigation Measure V-2: If paleontological resources are encountered during project construction, all construction activities shall halt until a paleontologist, with qualifications that meet the satisfaction of the City of Santa Clarita, examines the site, identifies the significance of the find, and recommends a course of action. If such a scenario arises, construction shall be halted and not resumed until recommended by the site paleontologist and approved by the City of Santa Clarita V d. Less Than Significant Impact There are no known human remains on the sites The project site is not part of any formal cemetery and is not known to have been used for disposal of historic or prehistoric human remains. Thus, human remains are not expected to be encountered during construction or excavation activities. Regardless State Health and Safety Code Section 7050 5, requires all project grading and construction efforts to halt if a burial site is encountered and not resume until the County Coroner has made the necessary findings as to the origin and disposition of the remains pursuant to Public Resources Code Section 5097 98. Compliance with these regulations would ensure the proposed protect would not result in significant impacts due to disturbing human remains. Vi. GEOLOGY AND SOILS VI a. Less Than Significant with Incorporation of Mitigation Sources Updated Geologic and Geothechnical Engineering Report, Parcel 2, 31 Parcel Map 3494, Santa Clarita, California, June 2006. Prepared by GeoSolls Consulting for G. Marshall Hann Response to City of Santa Clarita Development Services Division Geotechnical Review Sheet Dated August 11, 2006, Parcel 2, Parcel Map 3494, Santa Clarita, California, September 15, 2006. Prepared by GeoSoils Consulting for G Marshall Hann These report is.available for review as part of the project file at Santa Clarita City Hall, Planning Counter, 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355 during normal business hours (7 30 a in to 5 30 p in. Monday through Thursday 8 00 a. in. to 5.00 p. in. Friday) Geologic Setting: The subject site is located near the southern edge of the Santa Clarita Valley in the northern foothills of the San Gabriel Mountains of the Traverse Ranges. The San Gabriel Mountains are comprised of plutonic and metamorphic rocks that are being thrust over the San Fernando Valley to the south. The Santa Clarita Valley is an east trending trough within the Traverse Ranges Geomorphic Province. The Traverse Ranges Province is composed of parallel, east -west trending mountain ranges and intervening sediment filled valleys. The Traverse Ranges Province is one of the most active tectonic/seismic areas of the United States. The distinctive geologic structure of the Traverse Ranges is dominated by the effects of north -south compressive deformation that result in thrust faulting, strike -slip faulting and bedrock folding, these active geologic features are attributable to convergence between the `Big Bend" of the San Andreas Fault and northwestern motion of the Pacific Plate and have caused thrust fault related earthquakes such as the 1994 Northridge, 1971 San Fernando and the 1987 Whittier Narrows earthquakes Mayor east -west trending faults associated with these mountain systems include the Malibu -Santa Monica -Hollywood, the Raymond and the San Fernando -Sierra Madre - Cucamonga fault systems, the latter fault system is associated with the most devastating earthquakes in the Los Angeles area in historic times, i e the 1971 San Fernando earthquake and the 1994 Northridge earthquake The San Fernando -Sierra Madre fault zone is a recently active portion of the larger fault system that stretches from Ventura to San Bernardino along the south side of a series of large mountain ranges. Other mayor east -west trending faults associated with the Traverse Ranges of Southern California include the Malibu -Santa Monica - Hollywood, Santa Susana, Oak Ridge, and the Raymond fault systems A short segment of the potentially active San Gabriel fault has recently been shown to offset Holocene alluvial materials and therefore has been designated as being active by the State Geologist Also of interest to this site is the San Andreas Fault The fault zone, aside from being one of the most active fault zones in the United States, is locally considered to be active, and likely overdue for a moderate to large magnitude earthquake Repeated earthquakes and continued movement along this active tectonic feature account for a great portion of this part of California's topographic expression The section of the fault system that is closest to this site is responsible for the Richter magnitude 8+ Fort Tejon earthquake of 1857, an event that shattered and ruptured the ground surface for over one hundred and fifty miles. The site lies within approximately 30 miles of the closest, accurately mapped main trace of the San Andreas Fault (i) Less Than Significant Impact The project site is not located within an Alquist-Priolo Earthquake Fault Zone or within any other fault zones identified on Exhibit S-2 of the City's General Plan. Also, the geotechnical engineering report that was prepared for the project states that the project site does not fall within an earthquake fault rupture hazard (Alquist-Priolo) Zone (Hart and Bryant 1999). Therefore, impacts are expected to be less than significant (ii) Less Than Significant Impact As stated in VI(a), the project site is located in one of the most seismically active regions of the United States, as such the proposed project that will be built will eventually be subject to strong seismic ground shaking at some point in time The project does not propose any dwelling units but rather accessory residential uses such as a landscaped area, a gazebo, and a garage. Consequently, precautions are taken during design, engineering and construction of structures to minimize earthquake damage. The proposed structures will be required to be built according to the Uniform Building Code and other applicable codes, and are subject to building inspection during and after construction. Structures for human habitation must be designed to meet or exceed California Uniform Building Code standards for Seismic Zone 4. Conforming to these required standards will ensure the proposed project would not result in substantial adverse effects due to strong seismic ground shaking. Therefore, the proposed project would not expose people or structures to potential adverse effects due to strong seismic ground shaking Impacts are expected to be less than significant. (iii) Less Than Significant A portion of the project site is located within a known liquefaction area as shown on Exhibit S-3 of the City's General Plan. The project's geotechnical engineering report analyzed potential impacts regarding liquefaction and found that due to the site's shallow soil conditions which are underlain by bedrock, the site's liquefaction potential was not considered to be a hazard to the site Therefore, impacts are expected be less than significant. (iv) Less Than Significant with Incorporation of Mitigation Based on findings of the project's geotechnical engineering report, and with the recommendations contained in the report incorporated into the project (Mitigation Measure VIA), the proposed project will not be subject to geologic hazard from landslides, settlement, or slippage. The geotechnical report noted the evidence of mass wasting but determined that they will be of no effect to the site due their location and distance from the site With incorporation of Mitigation Measure VIA, the project would not result in any significant landslide impacts. Mitigation Measure VI -1 To the satisfaction of the City's Geotechnical Engineer all the recommendations identified in the project's geotechnical engineering report (Updated Geologic and Geothechnical Engineering Report, Parcel 2, Parcel Map 3494, Santa Clarita, California, June 2006 Prepared by GeoSoils Consulting for G Marshall Hann) shall be implemented VI b. Less than Significant Impact During construction of the proposed project the soils on-site may become exposed and, thus, subject to temporary erosion. However, the project is required to comply with existing regulations that reduce soil erosion potential. The proposed project will comply with SCAQMD Rule 403, which requires the implementation of Best Available Control Measures (BACM's) to reduce the potential for wind erosion. Similarly, water erosion during construction would be substantially reduced by complying with the National Pollutant Discharge Elimination System (NPDES). As further detailed in Section VIII of this report, NPDES requires the construction of the project to incorporate Best Management Practices (BMPs) to reduce erosion and prevent eroded soils from washing offsite. Thus, the potential to increase erosion during any construction activity would be effectively mitigated through the required compliance activities Therefore, impacts are expected to be less than significant VI c. Less Than Significant with Incorporation of Mitigation Geologic units encountered on the site include; artificial fill soils (af), alluvial soils (Qal), Slopewash (Qsw), and bedrock of the Mint Canyon Formation (Tmc) Portions of the site have been previously graded and certain manufactured slopes appear unstable. The geotechnical report set forth specific recommendations to rectify these problems as well as ensure new manufactured slopes and pads are geologically sound and stable. The project's geotechnical engineering report provides recommendations to ensure proper stability of the site. With implementation of these recommendations as required by Mitigation Measure VI -1 (see section VI -a above), the project would not result in any significant impacts related to unstable soils or geologic units Thus, impacts would be considered less than significant with the incorporation of mitigation VI d. Less Than Significant The natural alluvial soil (Qal) consists of mixtures of silt, sand, gravel, cobbles, and boulders (SM to GM soil types based upon the Unified Sods Classification System) The alluvium is generally gray to brown with increasing moisture and density with depth The geotechnical report calls for the removal of alluvium and slope wash and replacement with approved fill material that is properly prepared and compacted The site is underlain by bedrock of the Mint Canyon Formation (Tmc) and is considered to have a low expansive potential Thus, impacts are expected to be less than significant VI e. No Impact The project site does not propose residential dwelling units or other use that would require sewer conveyance or the installation of septic systems Therefore, no impacts are expected. Vi f. Less Than Significant Impact The proposed grading consists of 13,637 cubic yards of cut and fill to be balanced on-site No significant landform changes are proposed and the topographic character of the site would remain largely intact Furthermore, the project site is subject to the Hillside Development Ordinance because the cross -slope on the property is greater than 10% The Hillside Development Ordinance assures that development minimizes adverse affects of hillside development and preserves the welfare and safety of community residents by: (1) providing hillside development standards to maximize positive impacts of site design and grading, landscape, building architecture as well as ensuring that the projects are in compliance with the goals and objectives of the General Plan, (2) -assures maintenance of the essential natural characteristics of the area such as mayor landforms, vegetation and wildlife communities, hydrologic features, scenic qualities and open space that contributes to a sense of place (3) Retain the integrity of predominant off-site and on-site views in hillside areas in order to maintain the identity, image and environmental quality of the City. In addition, the project will be required to obtain a Ridgelme Alteration Permit (RAP) due to its proximity to Primary Ridgelme The requirements for the RAP will require that the proposed grading be accomplished in a manner that preserves the integrity of the ridgelme, thereby minimizing the project's impacts` on these important geologic features With compliance with the Hillside Development Ordinance and the Ridgelme Alteration Permit, impacts are expected to be less than significant. VI g. Less Than Significant The protect proposes 13,637 cubic yards of cut and fill. Slopes, grading design, construction and use must conform to all applicable sections of Chapter 17 80 Hillside Development Ordinance as well as other sections of the City's Uniform Development Code As proposed, the impacts of earth movement for the project shall be in conformance with the UDC and would be less than significant VI h. Less Than Significant The proposed project will require Hillside Development Review as part of the development process as stated above Development proposals on properties having an average cross -slope equal to or greater than 10% require Hillside Development Review. Natural topographically prominent features and appearances are to be conserved by means of landform grading to blend any manufactured slope or drainage benches into the natural topography. Graded slopes will be rounded and contoured to blend with the existing terrain as much as possible. Therefore, as proposed, the impact of the project on slopes slightly greater than 10% would be less than significant. VI i. Less Than Significant A Significant Ridgelme is located to the south of the project site and is within sufficient proximity to require a Ridgelme Alteration Permit (RAP). The project site is also subject to a Hillside Development Review since its gradient is greater than 10%. Natural topographic features and appearances are to be conserved by means of landform grading to blend any manufactured slope or drainage benches into the natural topography Furthermore, the proposed grading would not affect the top of the Significant Ridgeline to the south and would not affect this ridgelme's silhouette. Therefore, as proposed, the project would not result in the destruction, covering, or modification of any unique geologic or physical feature, and would have no significant related impacts. VI j. N/A VII. HAZARDS AND HAZARDOUS MATERIALS VII a. No Impact The project does not involve the use or storage of hazardous substances other than the small amounts of pesticides, fertilizers and cleaning agents required for normal maintenance of the structures and landscaping. The project must adhere to applicable zoning and fire regulations regarding the use and storage of any hazardous substances. The site is currently vacant and has not previously been developed Furthermore, there is no evidence that the site has been used for underground storage of hazardous materials Therefore, no impacts are expected. VII b No Impact The site is not known or expected to contain any underground storage tanks (USTs), aboveground storage tanks (ASTs), gas lines, or other hazardous material conduits or storage facilities. The project site is not included on a list of hazardous materials sites compiled pursuant to 65962.5. There exists no evidence of industrial abuse, legal/illegal dumping, mining, or oil and gas exploration/production. Furthermore, the project does not propose any industrial uses, waste treatment/storage facilities, power plants, or other land uses that are typically associated with hazardous material accidents. Therefore, the proposed project would not create a hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment Therefore, no impacts are expected VII C. No Impact The project site is not located within one-quarter mile (1,320 feet) of an existing or proposed school. Furthermore, as discussed in Section VII.a) of this report, the proposed uses are not anticipated to store, use, or generate substantial amounts of hazardous materials, and are not anticipated to utilize any acutely hazardous materials Therefore, no impacts are expected 35 S5 VII d. No Impact The project site has no previous development and is not known or expected to contain any hazardous materials. The site is not found on any list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment No impacts are expected VII e. No Impact There are no airports located within two miles of the project site; and the project site is not within an airport land use plan. Therefore, the project would not result in a safety hazard for people residing or working in proximity to an airport. No impacts are expected. ViI f No Impact The project site is not within the vicinity of a private airstrip. There are no airplane transportation facilities, public or private, within two miles of the project site Therefore, the project would not result in a safety hazard for people residing or working in proximity to a private airstrip. Thus, no impacts are expected. VII g No Impact The construction and operation of the proposed project would not place any permanent or temporary physical barriers on any existing public streets Furthermore, the project site is not utilized by any emergency response agencies, and no emergency response facilities exist in the project vicinity Therefore, the proposed projects would have no impact to emergency response planning. VII h Less than Significant Impact: As shown on City's Fire Hazards Zone map (Exhibit S-5 of the City's General Plan), the projects site is located within the "Within 1000' of Brush Area" fire hazard area. The Fire Department will review the site plans for the Hillside Development Review submitted by the applicant as part of the proposed protect and provide conditions of approval to ensure the project complies with the California Fire Code The California Fire Code generally includes access requirements, water system requirements, fuel modification plan requirements, and additional requirements. In addition, the project proposes only the construction of a landscaped area, a garage, and a gazebo. Thus, given the required compliance with the California Fire Code, impacts are expected to be less than significant VI i. No Impact The site is not known or expected to contain any electrical transmission lines, gas lines, oil lines, or other hazardous material conduits or storage facilities Therefore, the proposed project would not expose people to existing sources of potential health hazards . Therefore, no impacts are expected VI j. N/A Viii. HYDROLOGY AND WATER QUALITY ViII a Less than Significant Impact Section 303 of the federal Clean Water Act requires states to develop water quality standards to protect the beneficial uses of receiving waters. In accordance with California's Porter/Cologne Act, the Regional Water Quality Control Boards (RWQCBs) of the State Water Resources Control Board (SWRCB) are required to develop water quality objectives that ensure their region meets the requirements of Section 303 of the Clean Water Act Santa Clarita is within the jurisdiction of the Los Angeles RWQCB The Los Angeles RWQCB adopted water quality objectives in its Stormwater Quality Management Plan (SQMP) This SQMP is designed to ensure stormwater achieves 36 compliance with receiving .water limitations Thus, stonnwater generated by a development that complies with the SQMP does not exceed the limitations of receiving waters, and thus does not exceed water quality standards. Compliance with the SQMP is ensured by Section 402 of the Clean Water Act, which is known as the National Pollution Discharge Elimination System (NPDES). Under this section, municipalities are required to obtain pen -nits for the water pollution generated by stonnwater in their jurisdiction These permits are known as Municipal Separate Storm Sewer Systems (MS4) permits. Los Angeles County and the 85 incorporated Cities therein, including the City of Santa Clanta, obtained an MS4 (Permit # 01-182) from the Los Angeles RWQCB, most recently in 2001 Under this MS4, each permitted municipality is required to implement the SQMP. In accordance with the County -wide MS4 pennit, all new developments must comply with the SQMP In addition, as required by the MS4 permit, the City of Santa Clanta has adopted a Standard Urban Stonnwater Mitigation Plan (SUSMP) ordinance to ensure new developments comply with SQMP The City's SUSMP ordinance requires new developments to implement Best Management Practices (BMPs) that reduce water quality impacts, including erosion and siltation, to the maximum extent practicable. This ordinance also requires most new developments to submit a plan to the City that demonstrates how the project will comply with the City's SUSMP and identifies the project -specific BMPs that will be implemented. The project consists of a grading to create a landscaped area, the future construction of a gazebo and a garage None of the proposed uses are point source generators of water pollutants, and thus, no quantifiable water quality standards apply to the project. As an urban development, the proposed project would add typical, urban, nonpoint-source pollutants to stone water runoff As discussed, these pollutants are permitted by the County -wide MS4 permit, and would not exceed any receiving water limitations. Compliance with the MS4 pen -nit would ensure that the proposed projects would not violate any water quality standards or waste discharge requirements, and the projects would have no related significant impacts VII b Less than Significant Impact The project would not install any groundwater wells, and would not otherwise directly withdraw any groundwater In addition, there are no known aquifer conditions at the project site or in the surrounding area, which could be intercepted by excavation or development of the project. Therefore, the proposed project would not physically interfere with any groundwater supplies. The Santa Clara River and its tributaries are the primary groundwater recharge areas for the Santa Clarita Valley (City of Santa Clarita General Plan, 1991) The site's runoff currently flows into the natural drainage system and empties into the Santa Clara River. The proposed project would not add impermeable surfaces and would maintain the site's outflow into the drainage system. Therefore, the proposed project would not substantially deplete groundwater supplies Impacts are expected to be less than significant VII c Less than Significant Impact Development projects that increase the volume or velocity of surface water can result in an increase in erosion and siltation Increased surface water volume and velocity causes an increase in siltation and sedimentation by increasing both soil/water interaction time and the sediment load potential of water The proposed project would alter the site's drainage by replacing the existing natural sheet flows with engineered drainage systems due to the grading and manufactured slopes. The surface water runoff that currently occurs on-site will not be increased significantly by the development since minimal impermeable surfaces are proposed 37 57 As required by the City of Santa Clanta and the Countywide MS4 Permit, the final design of the development's drainage system will be engineered so that post - development peak runoff discharge rates (a measure of the volume and velocity of water flows) are equal to or less than pre -development peak runoff rates Since the project includes only minimal impermeable surefaces, standard engineering practices are expected to achieve this requirement. Consequently, the project would not substantially increase erosion or siltation off-site. Furthermore, the project does not propose channelizmg any natural drainage courses or focusing surface water flows into any areas of exposed soil. In addition, the onsite drainage system, in accordance with the NPDES requirements discussed above in Section VIII(a), is also required to include BMPs to reduce erosion and siltation to the maximum extent practicable. Therefore, with the application of standard engineering practices, NPDES requirements, and City standards, the project wound not result in substantial erosion or siltation on- or offsite and, thus, impacts are expected to be less than significant VII d Less than Significant Impact As discussed in section VIII c) of this report, the proposed project will not be creating a substantial amount of impermeable surfaces and would not be substantially increasing runoff from the site In addition, the site does not alter the course of a stream or river. Therefore, impacts are expected to be less than significant. VII a Less than Significant Impact The proposed project would not increase runoff since it does not propose installing substantial impermeable surfaces However, as discussed above in Sections VIII c) and VIII d), compliance with the City's SUSMP ordinance would ensure that post - development peak storm water runoff rates to not exceed pre -development peak storm water runoff rates. Therefore, the off-site drainage network that supports the project site and surrounding watershed will be adequate to handle the project's post development runoff In addition, the project proposes grading to create landscaped areas, the future construction of a gazebo and a garage for residential purposes These uses are not typically generators of polluted runoff Therefore, the project impacts are expected to be less than significant VII f Less than Significant Impact As discussed above, the proposed project will not be a point -source generator of water pollutants. The project consist of grading for landscaped areas, a gazebo, and a garage and long-term water pollutants expected to be minimal, those that may occur would be typical urban stormwater pollutants Compliance with the City's SUSMP ordinance will ensure these stormwater pollutants would not substantially degrade water quality. The project does, however, have the potential to generate short-term water pollutants during construction, including sediment, trash, construction materials, and equipment fluids The Countywide MS4 permit requires construction sites to implement BMPs to reduce the potential for construction -induced water pollutant impacts These BMPs include methods to prevent contaminated construction site stormwater from entering the drainage system and preventing construction -induced contaminates from entering the drainage system. The MS4 identifies the following minimum requirements for constructions sites in Los Angeles County 1. Sediments generated on the project site shall be retained using adequate Treatment Control or Structural BMPs; 2 Construction -related materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving 38 `�> waters, or adjacent properties by wind or runoff-, 3 Non -storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site; and 4. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs (as approved in Regional Board Resolution No 99-03), such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. In addition, projects with a construction site of one acre or greater, such as the proposed project, are subject to additional stormwater pollution requirements during construction The State Water Resources Control Board (SWRCB) maintains a statewide NPDES permit for all construction activities within California. This permit is known as the State's General Construction Activity Storm Water Permit or the State's General NPDES Permit. Since the proposed project involves greater than one (1) acre of land disturbance, the project is required to submit to the SWRCB a Notice of Intent (NOI) to comply with the State's General Construction Activity Storm Water Permit This NOI must include a Storm Water Pollution Prevention Plan (SWPPP) that outlines the BMPs that will be incorporated during construction. These BMPs will minimize construction -induced water pollutants by controlling erosion and sediment, establishing waste handling/disposal requirements, and providing non -storm water management procedures Complying with the both the MS4's construction site requirements and the State's General Construction Permit will ensure that construction of the proposed project would not significantly impact water quality Thus, impacts are considered less than significant. VII g, h No Impact The project site does not propose housing, nor is it located within a I00 -year flood zone. Therefore, it will not place housing within the 100 -year flood zone, nor -will it place structures therein which would obstruct or impede flows No impacts are expected VII i. No Impact The project site is not within a floodplain and there are no levees, dams, or other water detention facilities within the vicinity of the project that could potentially pose a significant risk of loss, injury or death (See also § VII (g) and VII(h). Thus, the proposed project would not expose people or structures to a significant risk of loss, injury, or death involving flooding and the project would have no related impacts VII j. No Impact There are no bodies of water in the vicinity of the project site that is capable of producing seiche or tsunami Similarly, the folding of the bedrock in the slopes adjacent to the project sites indicates that these slopes are not prone to mudslides. Therefore, the proposed project would have no impact from seiche, tsunami, or mudflow VII k. Less than Significant Impact The project would not alter the drainage patterns. Regardless, as discussed above in Sections VIII c) and VIII d), compliance with the City's SUSMP ordinance would ensure that post -development peak storm water runoff rates to not exceed pre - development peak storm water runoff rates. Further, as discussed in section VII g and h, the proposed changes to the sites drainages would not cause any significant impacts Similarly, although the project involves grading and changes to topography, the site's general down sloping gradient will remain Consequently, groundwater flows would not be substantially changed. Therefore, the proposed project would not result in significant impacts from changes in the rate of flow, currents, or the course 19 �S9 and direction of surface water and groundwater VII 1. No Impact The project site does not contain any channels, washes, creeks, or rivers. Thus, no impact is expected. VII M. Less than Significant Impact As discussed above in Sections VIII a), VIII c), VIII d), and VIII,e) of this report, the project is required to comply with the City's SUSMP ordinance, the Countywide MS4 permit, the State's NPDES General Construction Permit, and required to implement a SWPPP. Compiling with these requirements of the Clean Water Act and the NPDES will ensure the proposed project would not significantly impact stormwater management. Thus, impacts are expected to be less than significant. VII M. Less than Significant Impact (i) The project will not have a potential significant impact resulting from construction and post construction activity regarding storm water runoff, because the project is required to comply with the Countywide MS4 permit process and the State's NPDES General Construction Permit process as well as a Storm Water Pollution Prevention Program (SWPPP). Therefore, impacts are considered less than significant. VII M. Less than Significant Impact (ii) The project will not have potential discharges from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous material handling or storage, delivery areas or loading docks or other outdoor work areas because none of these activities are proposed as part of the project. Additionally, the project is required to comply with the Countywide MS4 permit process, the State's NPDES General Construction Permit process as well as implementing a Storm Water Pollution Prevention Program (SWPPP) In particular, the SWPPP would establish BMP's for use, storage and handling of construction equipment onsite As a result, impacts are considered less than significant VII M. Less than Significant Impact (iii) The project will not significantly environmentally increase the flow velocity or volume of storm water runoff because the project is required to comply with the Countywide MS4 permit process, the State's NPDES General Construction Permit process as well as implementing a Storm Water Pollution Prevention Program (SWPPP) See also section VII (c) Impacts are considered less than significant VII M. Less than Significant Impact (iv) The project will not significantly or environmentally harmfully increase the erosion of the project site or surrounding areas because the project is required to comply with the Countywide MS4 permit process, the State's NPDES General Construction Permit process as well as implementing a Storm Water Pollution Prevention Program (SWPPP). See also section VII (c). Thus, impacts are considered less than significant. VII in. Less than Significant Impact (v) The project will not significantly impair or contribute to the impairment of the beneficial uses of receiving waters or areas that provide water quality benefits such as riparian corridors or wetlands See also section VII (a) Therefore, impacts are considered less than significant VII M. Less than Significant Impact (vi) Implementation of project activities will not cause harm to the biological integrity of the drainage systems, watersheds or water bodies. Neither construction nor operation of the proposed project will generate pollutants in an amount or concentration that could affect the biological integrity of the drainage system or watercourses As previously discussed the project must further incorporate BMP's to minimize emissions of water pollutants from the site As a result, impacts are considered less than significant. VII m. No Impact (vii) The project proposes accessory residential uses and does not propose the construction of any residential units or structures designed for any other land use. The City will require a lot line adjustment to merge the adjacent parcel which contains an existing home (owned by the same owner as the proposed project) to the one on which the project is proposed. Construction and operation of the project are required to comply with the California Waste Management Act, which requires a 50% or better diversion rate for solid waste. The City complies with this act through the City's franchised solid waste management services, which will provide waste disposal service to the existing home as well as the proposed accessory structures Therefore, no impacts are expected IX. LAND USE AND PLANNING IX a. Less Than Significant The subject site is within the Sand Canyon community located within the Canyon Country area of the City of Santa Clarita. Development in the vicinity of the project is in a suburban pattern and consists of individually -constructed custom homes on large lots (2 acre minimum) The project site is zoned for Residential Estate (RE) and the proposed residential accessory uses are consistent with the residential development in the surrounding areas Thus, the project is consistent with the surrounding developments and would not divide an established community Therefore, impacts are expected to be less than significant. IX b. No Impact The project site is not part of a specific plan or redevelopment plan, and the City of Santa Clarita is not within the Coastal Zone, as described in the Coastal Zone Management Act of 1966. Thus, the only land use plans or policies that apply to the project site are the City's Unified Development Code and General Plan The City's General Plan and zoning map designates the project site for Residential Estate (RE) uses. The proposed project consists on ancillary residential uses and, thus, all development standards will be satisfied and the project meets the intent of the General Plan Therefore, the project would not conflict with applicable land use plans, policies, or regulations and would cause no related environmental impacts. IX c. No Impact The project site is not within a Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved environmental resource conservation plan Therefore, the projects would not conflict with any adopted environmental conservation plans As a result, no impacts are expected X. MINERAL AND ENERGY RESOURCES X a, b. No Impact Gold mining and oil production were historically the principal extraction activities in and around the Santa Clarita Valley area. The proposed project site is not within a mineral area identified on Exhibit OS -5 "Mineral Resources" of the City's General Plan, and the site is not known to contain mineral resources Therefore, the proposed project would not result in the loss of availability of a known mineral resource, and no impacts on mineral resources are expected Xi. NOISE X c. No Impacts The proposed site is currently undeveloped and has not been used as a Mineral Resource Recovery Site delineated in the City of Santa Clanta's General Plan The project is anticipated to utilize grading materials, many of which are nonrenewable resources, including sand, gravel, and earth, some of which will be onsite soils that are deemed adequate for re -use in controlled fills. All imported fill material shall not contain any organic matter, debris, or any individual particles greater than six inches in diameter. Therefore, there will be no loss of availability of a locally -important mineral resource and no other impacts are anticipated. Market -rate conditions encourage the efficient use of materials and manpower during construction. Similarly, energy and water resources that would be utilized by the proposed landscaping areas, would be supplied by the regional utility purveyors, which participate in various conservation programs. Furthermore, there are no unique conditions that would require excessive use of nonrenewable resources on the project site, and the project is expected to utilize energy and water resources in the same manner as typical residential development. Therefore, the proposed projects would not use nonrenewable resources in a wasteful and inefficient manner, Therefore, no impacts are expected X a. Less Than Significant Impact The project site is located southeast of the terminus of Wann Springs Drive and east of Josel Drive within the City of Santa Clarrta The California State Office of Noise Control (Department of Health) published a recommended noise/land use compatibility matrix. This matrix indicated that residential land uses and other noise sensitive receptors generally should be located in areas where outdoor ambient noise levels do not exceed 65 to 70 dBA. Within the City of Santa Clanta General Plan, the Community Noise Equivalent Level (CNEL) has been established as the average equivalent A -weighted sound level during a 24 -hours day. The project involves grading 2.1 to 3.1 cut and fill slopes within a currently undeveloped site and will be consistent with the existing land uses in the project vicinity, all of which are designated as Residential Estate under the City of Santa Clarrta General Plan Future structures associated with the project site include a landscaped area, a gazebo, and a garage, all of which are accessory uses associated with an adjacent residence As a result, the project will not generate any additional traffic on local roadways and will not generate substantial long-term operational noise Short-term construction noise emissions may be anticipated during grading of the site and during the construction of the aforementioned structures However, the City's Noise Ordinance limits construction between the hours of 7 AM and 7 PM Monday through Friday, and 7 AM to 6 PM on Saturdays. Therefore, the proposed project is not anticipated to expose persons or generate levels of noise in excess of standards established in the local General Plan, other noise ordinances or applicable standards of other agencies. Thus, impacts are expected to be less than significant XI b. Less Than Significant impact. The project site operations are not anticipated to generate excessive groundborne vibration or groundborne noise levels During short-term construction grading activities, infrequent vibrations may be generated by cut and fill equipment. However, in accordance with the City's noise ordinance, construction would be limited to 7 AM to 7 PM on Monday through Friday and from 7 AM to 6 PM on Saturday In addition, the project will not generate long-term operational noise impacts as it consists of accessory residential uses. Therefore, the proposed project would not expose persons to generation of significant vibration or other groundborne noise level impacts Impacts are expected to be less than significant XI c. Less Than Significant Impact - The proposed project will not increase ambient noise levels in the protect vicinity above levels existing without the project The main noise generating activity that will take place as part of this project is from the grading for 2 1 to 3 1 cut and fill slopes. This will be a temporary increase and will cease once the grading is complete. The proposed development includes the construction of a gazebo and a garage as well as an area for landscaping. Use of these facilities will not cause a measurable increase in ambient noise levels Therefore, impacts are expected to be less than significant. XI d. Less Than Significant Impact. The project site location is surrounded by low density residential land uses and undeveloped land. Project construction will consist of grading activities including,cut and fill of the land as well as the construction of a gazebo and a garage Temporary project construction ambient noise is required to meet the standards of the City's noise ordinance explained in X b above Therefore, the proposed project would not cause any significant impacts from temporarily generating noise Impacts are expected to be less than significant XI e. No Impact The proposed project is not located within an airport land use plan of within two miles of a public airport No impacts are expected XI I. No Impact The proposed project is not located within the vicinity of a private airstrip No impacts are expected. XII. POPULATION AND HOUSING XII a. No Impact Growth -inducing impacts are caused by those characteristics of a project that foster or encourage population and/or economic growth These include adding residential units or businesses, expanding infrastructure, and generating employment opportunities. Residential development consistent with the General Plan and existing zoning is not considered substantial The proposed project includes grading to construct a gazebo and a garage as well as landscaping a portion of the site The project does not propose new residential units or businesses, the expansion of infrastructure, or developments providing additional employment opportunities Therefore, the proposed project would not induce substantial population growth and no impacts are expected XII b. No Impact The project site is undeveloped Therefore, the proposed projects would not displace any persons No impacts are expected XII c. No Impact The project site is undeveloped Therefore, the proposed projects would not displace any housing. No impacts are expected XIII. PUBLIC SERVICES XIII a. (i) Less Than Significant Impact The proposed project will not result in the need for additional new or altered fire protection services and will not alter acceptable service ratios or response times. The proposed project would construct a garage, gazebo, and landscaping area, and, in turn, would increase the structures served by the Los Angeles County Fire Department However, the project itself is not large enough to require the development of additional Fire Department facilities. The Department can serve the proposed project with its existing facilities and the project would not cause a change in service ratios or response times. Therefore, impacts are expected to be less than significant (ii) No Impact The proposed project will not result in the need for additional new or altered police protection services and will not alter acceptable service ratios or response times. The proposed project would not result in the development any additional residential units The project proposes to construct a garage and a gazebo and thus would not increase the residents served by the Los Angeles County Sheriff's Department The Department can serve the proposed development with its existing facilities and the project would not cause a change in service ratios or response times Therefore, no impacts are expected. (iii) No Impact The Santa Clarita Valley is served by five public school districts. The nearest school to the proposed project site is approximately 0 5 miles to the north along Iron Canyon Road. The project consists of grading including cut and fill of the site area and the construction of a garage, gazebo, and landscaping area The proposed project does not include the construction of residential units or other units that would potentially increase the existing population of the surrounding area. Therefore, the project would not result in substantial adverse physical impacts associated with the school facilities within the City of Santa Clanta Thus, no impacts are expected (iv) No Impact The project consists of grading the proposed site and the construction of a garage and gazebo The completion of the project will not result in the need to construct new park facilities for public services Therefore, no impacts are anticipated. XIV. RECREATION XIV a. No Impact The proposed project consists of grading, cut and fill slopes with walkways and small pad areas for the construction of a garage and gazebo The development of these structures will not result in an increase in the existing population within or surrounding the project site. The project therefore, would not increase the use of the existing neighborhood and regional parks of other recreational facilities such that substantial deterioration would occur No impacts are anticipated XIV b. No Impact The proposed project does not include any recreational facilities nor would it require the construction or expansion of off-site recreational facilities since it proposes only residential accessory structures. Therefore, the proposed project would not have an adverse effect on the environment associated with the construction of a recreational facility. Thus, no impacts are expected. XV. TRANSPORTATION /TRAFFIC XV a,b No Impact The proposed project would create landscaped areas, a gazebo, and garage These are accessory residential structures and would not generate any new or additional vehicle trips Thus, the project would have no impacts related to an increase in traffic or acceptable levels of service on area roadways No impacts are expected. XV c. No Impact The project site is not within an airport land use plan or within two miles of a public 44 6y airport or public use airport Consequently, the proposed project would not affect any airport facilities and would not cause a change in the directional patterns of aircraft Therefore, the proposed project would have no impact to air traffic patterns. XV d. No Impact The project has no internal circulation plan as it will be used for accessory residential use The applicant will be required by the City to record a lot line adjustment to combine the project site parcel with the adjacent residential parcel to the northeast (APN# 2848-003-023) The associated residential parcel currently has safe access to an area roadway Thus, the project will have no impacts related to hazardous design features XV e. No Impact See discussion XV(d) above. No impacts are expected XV f. No Impact See discussion XV(d) above. No impacts are expected XV g. No Impact The proposed projects do not conflict with adopted policies, plans, or programs supporting alternative transportation. No impacts are expected. XV h. No Impact See discussion XV(d) above No impacts are expected. XVI. UTILITIES AND SERVICE SYSTEMS XVI a, b, e. No Impact Currently, wastewater treatment in Santa Clarita is handled by two Los Angeles County Sanitation Districts. District No. 26 serves the Saugus, Placenta, and Canyon County areas and District NO. 32 serves the Newhall and Valencia areas. (City of Santa Clarita General Plan Exhibit PF -3) The proposed project site is located within the jurisdiction of District NO. 26, which operates the Saugus Water Reclamation Plant. The proposed project will not exceed the requirements of the applicable Los Angeles Regional Water Quality Control Board. Therefore, no impacts are anticipated The proposed project includes the construction of accessory residential uses and will not connect to the City's and the Los Angeles County Sanitation District's (LACSD) wastewater collection and treatment system. Thus, it will not exceed wastewater requirements of existing treatment or transmission facilities, would not result in the construction of new wastewater treatment facilities, and would not impact wastewater treatment capacity Therefore, as proposed the project will have no impact on the City's and the LACSD's wastewater facilities XVI c. Less than Significant Impact The ultimate destination for storm water runoff from the City of Santa Clarita is the Santa Clarita River. The State Subdivision Map Act requires the Los Angeles County to provide storm drainage As such, the storm drainage system of Santa Clarita is maintained by the County Flood Control District. As discussed above in Section VIII, the project would not increase storm water runoff Therefore, the project will not significantly impact the current storm water drainage system XVI d. Less than Significant Impact The only water demand generated by the proposed project is irrigation for the proposed landscaping. The Santa Clarita Water Company (SCWC) will provide water services to the project area. The SCWC's water sources are derived primarily from the State Water Project, local ground water, and the Castaic Lake Water Agency. Contract entitlements from the State vary from year to year with the SCWC heavily dependent on this source of water Currently the SCWC has the ability to provide water to the project without impacting its ability to provide water to its other customers. As proposed, the project will not have any significant impacts on the water supply XVI f.g. No Impact The construction of the project will not require the service of a landfill for the project's solid waste disposal needs because it consists of accessory residential uses Likewise, since the project would not generate solid waste, the project would not conflict with any statutes or regulations related to solid waste. Therefore, no impacts are expected XVII MANDATORY FINDINGS OF SIGNIFICANCE XVII a. Less than Significant Impact As discussed in Section IV of this document, the proposed project would not have substantial impacts to special status species, stream habitat, and wildlife dispersal and migration. Furthermore, the proposed project would not affect the local, regional, or national populations or ranges of any plant or animal species and would not threaten any plant communities Similarly, as discussed in Section V of this document, the proposed project would not have substantial impacts to historical, archaeological, or paleontological resources and, thus, would not eliminate any important examples of California history or prehistory Therefore, the proposed project does not have a Mandatory Finding of Significance due to impacts to biological or cultural resources XVIi b. Less than Significant Impact The proposed project would not cause impacts that are cumulatively considerable and the project's contribution to existing cumulative impacts would not be considerable. Therefore, the proposed project does not have a Mandatory Finding of Significance due to cumulative impacts XVII c. Less than Significant Impact As discussed in Sections VIII and XV of this document, the proposed project, would not expose persons to flooding or transportation hazards. Section VI of this document explains that future accessory structures built on the project site could be exposed to strong seismic earth shaking due to the potential for earthquakes in Southern California. However, modern engineering practices would ensure that the geologic and seismic conditions of the proposed project would not cause substantial adverse effects on humans In addition, said accessory structures are not in areas where people would live or work. Section VII of this document examines the project for potential impacts from hazards and hazardous materials. As explained in Section VII, there are no hazardous conditions on the project site. Therefore, the proposed project would not have a Mandatory Finding of Significance from environmental effects that will cause substantial adverse effects on humans. MITIGATION MONITORING PROGRAM Identification of Mitigation Measures and Monitoring Activities I. AESTHETICS None required II AGRICULTURAL RESOURCES None required III AIR QUALITY None required IV. BIOLOGICAL RESOURCES Mitigation Measure IV -1: In order to reduce the potential impact to nesting birds through grading and other construction related activities, ground and vegetation disturbing activities shall take place outside of the recognized nesting season, if practical The nesting season typically occurs between early February and August, but can vary slightly from year to year. If ground disturbing and vegetation disturbing activities must occur within the recognized nesting season, then pre - construction nesting bird surveys, and weekly surveys thereafter during the nesting season, shall be performed to identify any nests that may be impacted by construction activities. If any active nests are located within the proposed disturbance area or within 100 feet of ground disturbing activities, a 100 feet buffer area will be flagged around the nest (500 feet from any active raptor nest) and no activity will be allowed in the buffer area until nesting is completed as verified by the project biologist Periodic monitoring by a biologist shall be performed to determine when nesting is complete. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Prior to and during the initial site clearing phase and initial construction activities the monitor shall review the reports of preconstruction surveys. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division Mitigation Measure- IV -2: In order to avoid accidental damage or disturbance to oak trees on or near the site, prior to the issuance of grading permit, all oak trees on site or within 50 feet of the potential area of ground disturbance shall be fenced at their protected zones with a minimum 4' high fence before any site grading commences. Fencing shall remain during all phases of construction and shall not be moved or removed without City approval. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Prior to the issuance of a grading permit and prior to any clearance or ground disturbance. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division Mitigation Measure—IV-3: In order to avoid accidental damage or disturbance to oak trees on or near the site, no equipment storage, debris drop, parking, etc , shall occur within the oak tree drip lines during construction. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Random inspections throughout the construction process. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division Mitigation Measure—IV-4: No over -excavation outside of any cut and/or fill slopes ("tops" or "toes") for the proposed project shall occur within the driplme and/or Protected Zone of any on-site native Oak trees, unless required by the project engineer and approved by the City of Santa Clarita. MITIGATION MONITORING PROGRAM Identification of Mitigation Measures and Monitoring Activities Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Prior to the issuance of a grading permit and prior to any clearance or ground disturbance. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division V. CULTURAL RESOURCES Mitigation Measure V-1: If archaeological resources are encountered during project construction, all construction activities shall halt until an archeologist certified by the Society of Professional Architects examines the site, identifies the archaeological significance of the find, and recommends a course of action. Construction shall not resume until the site archaeologist states in writing that the proposed construction activities will not significantly damage archaeological resources, and the City of Santa Clarita concurs with this conclusion Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: The monitor shall periodically coordinate with the contractor during construction to ensure compliance with this measure. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division Mitigation Measure V-2: If paleontological resources are encountered during project construction, all construction activities shall halt until a paleontologist, with qualifications that meet the satisfaction of the City of Santa Clarita, examines the site, identifies the significance of the find, and recommends a course of action. If such a scenario arises, construction shall be halted and not resumed until recommended by the site paleontologist and approved by the City of Santa Clarita. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: The monitor shall periodically coordinate with the contractor during construction to ensure compliance with this measure. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division VI. GEOLOGY AND SOILS Mitigation Measure VI -I To the satisfaction of the City's Geotechnical Engineer all the recommendations identified to the project's geotechnical engineering report (Updated Geologic and Geothechntcal Engineering Report, Parcel 2, Parcel Map 3494, Santa Clartta, California, June 2006 Prepared by GeoSods Consulting for G. Marshall Hann) shall be implemented Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: The monitor shall periodically coordinate with the contractor during construction and review geotechnical inspection/evaluation documentation to ensure compliance with this measure. Enforcing, Monitoring Agency: City of Santa Clarita Geotechnical Engineer VII. HAZARDS AND HAZARDOUS MATERIALS None required VIII. HYDROLOGY AND WATER QUALITY None required MITIGATION MONITORING PROGRAM Identification of Mitigation Measures and Monitoring Activities IX LAND USE AND PLANNING None required X. MINERAL AND ENERGY RESOURCES None required XI NOISE None required XII POPULATION AND HOUSING None required XIII PUBLIC SERVICES None required XIV RECREATION None required XV TRANSPORTATION/TRAFFIC None required XVI. UTILITIES AND SERVICES SYSTEMS None required APPENDIX A: CITY OF SANTA CLARITA - CODE ENFORCEMENT TIMELINE OF EVENTS 70 GRADING PLAN - PAGE 71 P, i lop An. r y JGSEI_ DR1VEy .S t` �- r A2 LU 11 it CZ CO .�1 CANYON RQAO Z N G 44 LU � SAID .u• 1 y � � `'tom{ � �' � �. T � 7� ! ~w• �e}.- e . � a ,:��,,, r�y.��i,��.��':1 w •.� ��}��'� L ., (moi,. .. j T g .FI�J s t+ 1 r t 't Apt CL 1:. FILL ® CUT JIM �I If led Fill = 5871 I IIII o>a a I 0 I i I i 1630\ 11 a Tom'_--._._..-.'_____ �J, gkm ( \\ / 99 1973 \\ J O f \ % / � r X\\ =Im3 \��--'�/ ��-•� �//� �\� �-�--'�b� ice` � EOES 1 NR� Ob Pt9p P[rf t of &[o --urs = 4N2% ~_`_• \ "\ Kt \ \ \ . 2006 TO `\ ERASMO DOMINGUEZ 24300 TOWN CENTER DRIVE, SUITE 300 VALENCIA, CA 91355 ATTN: G. MARSHALL HAHN 15230 Burbank BWd, �►\ SIMND vanNuys.CA914r1 e. *-4 * I w T91: (8181787-8550 Fax: (818} 901-7451 infoovsikand.com CUTAND FILL MAP ____________ � cum NNW Off NNW ow rr m on= w m w eac 1 r 1 O M. O O NbUk Ou t, c c 4 4 c c 4 c 4c 4 c J vi LL: Lr) 11 Z_ J < 0 C/). ............. (6 LL. a. 0 c C ) 4 J W c 4 c 4 c O M. 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