Loading...
HomeMy WebLinkAbout2011-03-22 - RESOLUTIONS - SHARED PARKING AMEND (2)RESOLUTION I I A I ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE NUMBER 10-127 (MINOR USE PERMIT 10-031) TO ALLOW FOR THE AMENDMENT OF A PREVIOUSLY APPROVED SHARED PARKING AGREEMENT FOR VALENCIA TOWN CENTER WEST LOCATED AT THE SOUTHEAST CORNER OF MCBEAN PARKWAY AND MAGIC MOUNTAIN PARKWAY, ZONED CTC (COMMERCIAL TOWN CENTER), IN THE CITY OF SANTA CLARITA. WHEREAS, The City Council does hereby make the following findings of fact: a. On November 22, 1996, the Director of Community Development approved an adjustment under Master Case 96-187 allowing for the creation of a Shared Parking Program for Valencia Town Center West. This approval included Quadrants A, B and C of Valencia Town Center West; b. On May 6, 1997, the City of Santa Clarita Planning Commission approved Master Case Number 96-249, Conditional Use Permit 96-014 for the construction of the "Entertainment Center" or Quadrant D within Valencia Town Center West. The approval allowed for Quadrant D to be included in the previously approved Shared Parking Program and it allowed for Quadrants C and D to have their parking requirements calculated as one sub -area; 'C. On December 18, 2007, the City of Santa Clarita Planning Commission approved Master Case 07-141, Minor Use Permit 07-040 for the amendment of the Shared Parking Program for Blocks C and D. The approved changes allowed for the reservation of parking spaces within the two parking structures for time limitation, valet parking, and for office tenants for the subject property. In addition, it made changes to the operational aspects of the Shared Parking Program; d. On November 18, 2008, the City of Santa Clarita Planning Commission approved Master Case 08-153, Minor Use Permit 08-033 for the amendment of the Shared Parking Program for Blocks C and D. The approved changes allowed for the amendment of the Shared Parking Program within Blocks C and D to permit employees to park on the entire third floor of the North Parking Structure at anytime, to add additional language clarifying when valet parking spaces should be reserved and to remove the requirement for future studies to be completed; e. On November 1, 2010, the Department of Community Development, received Master Case 10-127, Minor Use Permit 10-031 entitlement application filed by VTC Business Center LLC- INVESCO, Inc. "the AppIicant". The application request is to allow for the amendment of the above referenced Shared Parking Program within Blocks C and D for ' the North Parking Structure to allow for eleven VIP parking spaces for Princess Cruise Lines, LTD to be relocated from the third floor to the first floor, to allow for office employees to park on the entirety of floors 3 through 5 in addition to the northerly most 160 spaces of the second floor, to reduce the number of 45 -minute parking spaces within the structure to twenty spaces, and to change twenty parking spaces on the first floor into ' 2 -hour time limit spaces. The application was deemed complete on November 16, 2010; f. The subject property consists of eight buildings and two parking structures commonly referred to as Valencia Town Center West Blocks C and D. The project site is located on the southeast corner of McBean Parkway and Magic Mountain Parkway in the community of Valencia; g. The subject property is in the CTC (Commercial Town Center) zone with surrounding land uses consisting of commercial to the north, south, east, and mixed-use commercial and residential to the west; h. The public hearing was duly noticed in the local newspaper and in conformance with CEQA and local guidelines; i. On December 7, 2010, the Planning Commission meeting commenced at 7:00 p.m. in the Council Chambers at City Hall, 23920 Valencia Boulevard, Santa Clarita. At this hearing, the Commission continued the item to the February 1, 2011 Planning Commission meeting; j. On February 1, 2011, the Planning Commission held the duly noticed public hearing at 7:00 p.m. in the Council Chambers at City Hall, 23920 Valencia Boulevard, Santa I Clarita. At this hearing, the Commission considered the staff presentation, staff report, applicant presentation and public testimony on the proposal; k. On February 1, 2011, the.Planning Commission adopted Resolution P10-37, approving the request to amend the Valencia Town Center West Shared Parking Agreement; 1. On February 15, 2011 the City received a letter from Westfield on behalf of Valencia Town Center., L.P. appealing the Planning Commission's decision;. in. On March 22, 2011 the City Council held the duly noticed public hearing at 6:00 p.m. in the Council Chambers at City Hall 23920 Valencia Boulevard, Santa Clarita. At this hearing, the City Council considered the staff presentation, staff report, applicant presentation, appellant presentation and public testimony on the proposal; n. On March 16, 2011 the Applicant and Appellant agreed to revisions to the amendments approved by the Planning Commission at the public hearing held on February 15, 2011; o. Public participation and notification requirements pursuant to Sections 65090, 65391, and 65854 of the Government Code of the State of California were duly followed; and WHEREAS, Based upon the foregoing facts and findings, the City Council hereby finds I as follows: 2 a. This project is exempt from further environmental analysis per Article 19 Section 15301: ' Existing Facilities, of the California Environmental Quality Act (CEQA) as a Class 1 categorical exemption because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing public or private structures. Therefore, a Notice of Exemption has been prepared for this project in compliance with CEQA; b. 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 10-127 project file within Community Development Department and is in the custody of the Director of Community Development; C. The City Council, based upon the findings set forth above, hereby finds that the Notice of Exemption for this project has been prepared in compliance with CEQA; and WHEREAS, Based upon the foregoing facts and findings (Section 17.03.040 E.2 of the Unified Development Code) for Master Case Number 10-127, the City Council hereby determines as follows: a. That the proposed use is in accordance with the General Plan, the objectives of the unified development code, and the purposes of the zone in which the site is located; The City of Santa Clarita General Plan designates the subject property located on the southeast corner of McBean Parkway and Magic Mountain Parkway as Commercial Town Center (CTC) with a Valley Center Concept overlay and a zoning classification of Commercial Town Center (CTC). As defined by the City's Unified Development Code, the CTC zone "permits a wide range of retail, service and related activities which are of a community and regional nature and are located in and around a large regional shopping center" (Section 17.11.020.I). The proposed project is for the alteration of an existing Shared Parking Program for the Valencia Town Center West area within existing parking structures located in Blocks C and D. No construction or change of land use is proposed as part of this application. The subject property currently holds a number of retail, entertainment, office, and restaurant uses. The proposal allows for an adjustment to the location of employee parking spaces within the North Parking Structure to include the entire third floor. The proposed project does not propose a change to the existing uses, and therefore remains consistent with the designations in the General Plan and the Unified Development Code and the purposes of the zone in which the site is located. b. That the proposed use or activity, together with the conditions applicable thereto, will not ' be detrimental to the public health, safety or welfare or materially injurious to properties or improvement in the vicinity; 3 The proposed project and the Conditions of Approval will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvement in the ' vicinity as no construction or change of land use is proposed with.this application. The proposed changes to the Valencia Town Center West Shared Parking Program assist the needs of the tenants and patrons located within the project area. The proposal allows for an adjustment to the location of employee parking spaces within the North Parking Structure to allow for eleven VIP parking spaces for Princess Cruise Lines, LTD to be relocated from the third floor to the first floor, to allow for office employees to park on the entirety of floors 3 through 5 in addition to the northerly most 160 spaces of the second floor, to reduce the number of time limit 45 -minute parking spaces within the structure to twenty spaces, and to change twenty parking spaces on the first floor into 2 -hour time limit spaces. A parking study to analyze the proposal has been completed, and shows that the proposed adjustments will still allow for patrons of the restaurant and retail stores convenient parking, while increasing the convenience of parking for the office employees. Therefore, the approval of this project will not detrimental to the public health, safety, welfare or materially injurious to properties. C. That the proposed use complies with each of the applicable provisions of the development code. Valencia Town Center West is an existing retail, entertainment, office, and restaurant center with two parking structures and surface parking. The development was originally constructed to meet the standards of the Unified Development Code. No construction or ' change of use is proposed as part of this application. The proposal is to allow for an adjustment to the location of employee parking spaces within the North Parking Structures to allow for eleven VIP parking spaces for Princess Cruise Lines, LTD to be relocated from the third floor to the first floor, to allow for office employees to park on the entirety of floors 3 through 5 in addition to the northerly most 160 spaces of the second floor, to reduce the number of 45 -minute parking spaces within the structure to twenty spaces, and to change twenty parking spaces on the first floor into 2 -hour time limit spaces. The above mentioned alteration to the existing Shared Parking Program is permissible with the approval of a Minor Use Permit for the alteration of an existing Conditional Use Permit for the Shared Parking Program. With the approval of the Minor Use Permit and adherence of the Conditions of Approval (Exhibit A), the project complies with the Unified Development Code; and WHEREAS, 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 Commercial Town Center (CTC), subject to approval of the entitlement. r 13 NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as ' follows: SECTION 1. The City Council hereby approves Master Case 10-127 consisting of Minor Use Permit 10-031 for the amendments to the Valencia Town Center West Shared Parking Agreement subject to Conditions of Approval (Exhibit A). SECTION 2. The City Clerk shall certify 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 22nd day of March, 2011. ATTEST: ACTING DATE: l ` y_6-' STATE OF CALIFORNIA ) I COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Kevin Tonoian, Acting 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 22nd day of March, 2011, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS Weste, Kellar, Ender, Ferry, McLean: COUNCILMEMBERS: None COUNCILMEMBERS: None STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 11-11 adopted by the City Council of the City of Santa Clarita, California on March 22, 2011, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this , day of 2011. City Clerk By Deputy City Clerk 7 ' Exhibit A Master Case 10-127 Minor Use Permit 10-031 CONDITIONS OF APPROVAL General Conditions 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. ' GC6. The property shall be maintained in substantial conformance with the approvals granted by the City. Any modifications shall be subject to further review by the City. Exhibit A Master Case 10-127 Minor Use Permit 10-031 Page 2 ' GC7. The applicant shall sign and have notarized the attached "Acceptance Form". This form shall be returned to the City's Planning Division. GCB. 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. GC9. The project shall fully comply with the Title 16 and 17 of the Unified Development Code (UDC) including, but not limited to, the Commercial and Industrial Development Standards, Parking Standards, Sign Ordinance and Landscaping Standards. Planning Approvals PLI. The applicant is granted approval to make the changes as listed in the attached Minor Use Permit Proposal to the Town Center West Shared Parking Program that was previously approved under MC#96-187 and last amended under MC#08-153. The applicant shall comply with the Shared Parking Program, its support documents and the additional approved amendments in accordance with the approved site plans and other items on file in the Planning Division. PL2. Eleven (11) Princess Cruises VEP reserved spaces (6:00 a.m.- 6:00 p.m., Monday through Friday) ' shall be relocated from the southwest portion of the third floor to the northeast side of the first floor. These spaces would be available to the general public the remainder of the time. PL3. All employees shall be restricted to park on the northerly most 160 spaces of the second floor and above. PL4. Employees shall be required to park on the 3rd floor or above on the ten Federal Holidays and Fridays between Thanksgiving and New Year's Day. During such times employees shall not park on any ramps that connect the second and third floors; PLS. Eight 45 -minute parking spaces shall be retained on the first floor while the balance of the 45 - minute parking spaces shall be converted to 90 -minute spaces. PL6. The applicant shall conduct and fund a supplemental parking study, the scope of which shall be developed in consultation with the Director of Community Development, for Valencia Town Center West Quadrant D a maximum of two years from the time of full implementation of the approved amendments. At that time, the analysis and all supporting documents shall be submitted to the Director of Community Development and to Westfield, or their successor. PL7. Any future proposed changes to the number, location and control of spaces identified in the attached Parking Plan shall be subject to a new Minor Use Permit or other entitlement as required by the Unified Development Code.