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Letter of Request
October 27, 2023
Ms. Erika Iverson
Senior Planner
City of Santa Clarita
23920 Valencia Blvd
Santa Clarita, CA 9135
VIA EMAIL: [email protected]
Re: MetroWalk Specific Plan – Proposed Minor Administrative Modification
Dear Ms. Iverson:
On behalf of NUWI Santa Clarita, LLC (“Applicant”), please accept this letter of request for a minor administrative modification to the MetroWalk Specific Plan (the “SP”). This request seeks to modify building typologies within Planning Areas 1 and 2 (“PA-1”) and (“PA-2”) and will reduce the overall density of the proposed project, while continuing to comply with all applicable development standards included in the SP related to use, setbacks, parking, open space, circulation, and landscape. A site plan and table demonstrating compliance with these development standards is provided as Exhibit “A” to this request.
Specifically, this request seeks to replace the market rate rental apartment units in PA-1 and PA-2 with for-sale attached townhome units. The total unit count within the SP will be reduced from 498 to 337 units. Within PA-1 and PA-2, the total unit count will be reduced from 298 to 137. No changes to the onsite senior affordable housing are proposed. This contemplated change results from a desire to complete the Project on a timely basis, deliver for-sale housing opportunities to the public as soon as possible, and avoid costly and impactful phased and prolonged construction activities on the Project site.
It is understood that financing rental apartment construction is not currently feasible and such development is not expected to return to feasibility for the foreseeable future given current economic conditions. Therefore, to deliver housing opportunities in a timely manner, we believe the Project must be adjusted to respond to the changes in market conditions that
2 have occurred since the SP’s adoption by delivering for-sale attached townhome units in lieu of rental apartments, while continuing to meet all applicable standards of the specific plan.
I. 1Background and Short Conclusion
The SP authorizes Project construction consisting of up to 498 multi-family housing units on a
20.4 acre Project site adjacent to the Vista Canyon master plan. The SP exists to provide a comprehensive set of regulations governing the use and development of the Project site and supersedes the requirements of the City of Santa Clarita Unified Development Code (“UDC”).
Because those comprehensive regulations include the goal of “provid[ing] a measure of flexibility to respond and adjust to changing economic and market conditions” (SP Section 2.2) and because the SP's land use designations already provide additionally flexibility within PA 1 and PA 2, the contemplated change in building typology is permitted by the SP. Furthermore, consideration of the contemplated change in building type, reduction in density, and reduction in lot area is a “minor deviation” or “administrative modification” pursuant to Section 6.4.1 and Section 4.9.2 of the SP and is eligible for review by the City’s Director of Community Development (the “Director”) with approval available through an administrative “substantial conformance” process, as further explained below.
II. Substantial Conformance for Minor Deviations
SP Section 2.2 specifically provides that the SP was adopted with the goal of “provid[ing] a measure of flexibility to respond and adjust to changing economic and market conditions of providing flexibility.” Moreover, Section 4.9.2 of the SP expressly acknowledges that “The City and the applicant will retain certain flexibility with respect to the details of the Specific Plan” and notes that administrative modifications by the Director may include changes to the size and configuration of lots or parcels, reductions in density within one or more planning areas, and modifying the design of internal circulation elements.
In that light, SP Chapter 6 addresses Project implementation and administration of the SP itself. It includes specific procedures for consideration of “minor deviations” to the approved plan. Specifically, SP Section 6.4.1 authorizes the Director to administratively review minor deviations to the SP by ministerial development processes including an administrative permit, or over the counter review such as the substantial conformance process. 2
1 No changes to the deed restricted affordable senior apartments located within planning area 3 (“PA-3”) are proposed.
2 While a minor change from rental apartments to for-sale townhomes can be reviewed administratively by the Director, the Director does have the discretion to refer any such modification request to the City Council and/or Planning Commission.
3 The SP further identifies eight types of proposed changes that qualify as “minor deviations “and are eligible for such administrative substantial conformance review. These include “modification(s) to the approved building types, unit mix, and unit size [which] may vary provided the use is permitted under this Specific Plan, the overall 498-unit count is not exceeded, with no new significant environmental impacts” (emphasis added). Additionally, planning area boundary and/or acreage adjustments, changes in exterior building color or material, alignment and location of pedestrian pathways and/or parking spaces, landscape plan modifications, and open space plan modifications are all also deemed minor deviations eligible for Director review in most circumstances. Moreover, the design and configuration of lots and related improvements within the Specific Plan site may be reconfigured and redesigned by the applicant. “Such reconfiguration and redesign may include making one or more planning areas less dense, and modifying the design of streets, curbs, gutters, sidewalks.” These changes are permitted as an Administrative Modification approved by the Director.
The SP includes two underlying land use designations, Residential (“R”) and Open Space (“OS”). The residential designation is “applied to areas appropriate for a variety of attached residential units” (emphasis added) including apartments, townhomes, and other similar residential product types. PA-1 and PA-2 are two of those “R” designated areas. Accordingly, as a matter of zoning, attached for-sale townhome units are already permitted as a use within PA-1 and PA-2 by right and no changes are proposed by this minor modification.
Therefore, the current proposal to modify the building types, unit mix, and unit size within PA-1 and PA-2 to build for-sale attached townhome units instead of apartments should be considered a minor deviation eligible for ministerial substantial conformance review by the Director. That is the case not only because attached for-sale townhomes are multifamily units already permitted in PA1 and PA2 but also because all of the findings for a minor deviation and administrative modification can be made as follows:
1. The proposed modification will not exceed SP’s 498 unit maximum. The total number of units in the Project will decrease from 498 to 337 units as a result of the change in building typology.
2. The Project’s footprint would not change.
3. No significant new environmental impacts would result from the change of building typology. The proposed reduction in density will reduce some of the environmental impacts previously analyzed (e.g., total daily traffic trips would be reduced; construction staging length and phasing etc.).
4. No new infrastructure would be required to accommodate the proposed change in building typology.
5. All circulation, grading, and phasing plans would remain substantially the same as approved in the existing SP.
4 6. Adjustments to planning area boundaries and acreages would not exceed the 20% maximum provided by Section 6.4.1(c) of the SP.
7. As demonstrated on the attached Exhibit “A”, the project as modified by this proposed minor modification will continue to meet all development standards as follows:
a. Open Space (650 SF/unit required; 692 SF/unit provided) b. Parking (2.5 spaces/unit required; 2.63 spaces provided) c. Setbacks (20’ to Lost Canyon Rd.; 10’ to Harriman Drive; 15’ to Railroad).
d. Minimum Building Separation (10’)
e. Maximum Building Height (40’)
III. Conclusion
The proposed change to the building typology, unit mix, and unit size are entirely consistent with the SP’s “flexibility” objectives and specific use regulations. Further, building for-sale townhomes in lieu of rental apartment units is a “minor deviation” under the SP and is appropriate for consideration administratively by the Director via a substantial conformance review process. However, should the Director determine that this modification request should be referred to the City Council as an informational item, we respectfully request this item is placed on a city council agenda as soon as possible.
Please do not hesitate to reach out in the event you have further questions on this matter.
Sincerely,
Jonathan Frankel
Atlantis Group