Agenda Item: 1
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARINGS
CITY MANAGER APPROVAL:
DATE: October 22, 2024
SUBJECT: CONTINUATION OF THE APPEAL OF THE PROMENADE FLATS MIXED-USE PROJECT (MASTER CASE 21-086)
DEPARTMENT: Community Development
PRESENTER: Andy Olson
RECOMMENDED ACTION
City Council:
1. Conduct the public hearing;
2. Determine that the project is exempt from environmental review pursuant to California Environmental Quality Act Guidelines § 15332, as a Class 32 categorical exemption consisting of an in-fill development project;
3. Adopt a resolution, denying Appeal 24-003 and affirming the Planning Commission’s denial of Appeal 24-001 and affirmation of the Hearing Officer’s decision to approve a request by Harvard 826 Property, LLC, to construct and operate the Promenade Flats Mixed-Use Project (Master Case 21-086); and
4. Take other action as determined by the City Council.
BACKGROUND
REQUEST
On June 18, 2024, the Planning Commission conducted a public hearing regarding an appeal for the Promenade Flats Mixed-Use Project. The Planning Commission voted 4-1 to deny the appeal and affirm the Hearing Officer’s approval of the project. The appellant, Cinema Park, LLC (Appeal 24-003; represented by Cornerstone Realty Advisors), now appeals the decision of the Planning Commission to the City Council.
The project was placed on the agenda for the regular City Council meeting on August 27, 2024.
Prior to opening the public hearing, the City Council voted 4-1 to continue the item to October 22, 2024, in order to provide additional time for review.
The proposed project is a request by Harvard 826 Property, LLC, for a Minor Use Permit (MUP), Development Review (DR), and Architectural Design Review (ADR) to construct on a
1.53-acre portion of the existing shopping center at 26111-26135 Bouquet Canyon Road (Assessor’s Parcel Numbers (APNs) 2811-003-016, -017, and -018), within the Mixed-Use Corridor (MXC) zone.
The proposed project meets the definition of a housing development in accordance with Senate Bill 330, the Housing Crisis Act of 2019. This type of housing development cannot be denied if it meets the City’s objective standards for development, unless the project, based upon a written standard, creates a health and safety concern that cannot be mitigated. State law also requires, if the project does not meet objective standards, that the City identify those standards to the applicant within 30 days of the date the application was deemed complete, or conformance with those requirements is waived. No inconsistencies were identified by staff during this timeframe.
As such, the project is subject to and must be evaluated based on compliance with the objective standards of the Unified Development Code (UDC) for the MXC zone and the City’s Community Character and Design Guidelines (CCDG).
One Stop Preliminary Site Plan Review and Formal Project Application
In June 2019, the applicant submitted a preliminary One Stop Review application to construct a new mixed-use building behind the existing IHOP restaurant in the Santa Clarita Plaza shopping center. The applicant then submitted a formal application for the proposed project in April 2021.
The project subsequently underwent multiple rounds of review by the City of Santa Clarita’s (City) Development Review Committee (DRC); the applicant addressed the comments provided through the DRC process. The project requires an MUP to provide less commercial square footage than required by the MXC zone, to utilize carports, and to incorporate live-work units into the project. An MUP requires public noticing before a decision on the project.
Previous Administrative Hearing Officer Action
On February 26, 2024, the Type I public notice regarding the request for an MUP was sent to all tenants and adjacent property owners regarding the proposed project. During the noticing period, three written requests for an administrative hearing were received. As a result, an administrative hearing was conducted for the project on April 17, 2024. The Hearing Officer determined that the project was consistent with the City’s objective standards for a housing development project.
At the conclusion of the administrative hearing, the Hearing Officer approved the project, with an additional condition of approval addressing parking lot safety as follows:
AH1. The permittee must implement a safety and security plan for the project site, covering all parking areas, to include, but not limited to, incorporation of security lighting, cameras, and other security measures. Prior to issuance of a building permit, the permittee must submit a photometric lighting plan for review and approval of the Director of Community Development.
A copy of the Hearing Officer’s staff report is available in the City Clerk’s reading file.
Planning Commission Action
On April 29, 2024, the Planning Division received a formal letter of appeal (Appeal 24-001) from Cinema Park, LLC, represented by Cornerstone Realty Advisors, appealing the Hearing Officer’s decision to the Planning Commission, based on parking concerns. Thereafter, the Planning Commission conducted a public hearing regarding the appeal on June 18, 2024.
The Planning Commission received staff’s presentation, opened the public hearing, and received comments from the applicant and members of the public. After closing the public hearing, the Planning Commission voted 4-1 to adopt Resolution P24-11, denying Appeal 24-001 and affirming the Hearing Officer’s approval of the proposed project. A copy of the Planning Commission’s staff report is available in the City Clerk’s reading file.
In addition to affirming the project approval, the Planning Commission added three new conditions of approval to the project and modified two existing conditions of approval. The conditions of approval added by the Planning Commission are as follows:
PC1. Prior to issuance of any grading or building permits, the permittee must provide a Construction Management Plan (CMP) to the Director of Community Development for review. The CMP must include measures to ensure sufficient overall parking, ADA [Americans with Disabilities Act] parking, and ADA access are provided during construction.
PC2. Prior to any building construction, the permittee must fully construct and make available for parking the new parking lot containing 40 stalls in the southwestern corner of the site before any building construction may occur. This condition must be completed prior to any demolition of existing parking. No parking may be removed on-site until the new parking lot is completed.
PC3. Prior to building permit, the permittee must receive approval from the Director of Community Development for shade covers on the rooftop resident outdoor deck. Shade covers may incorporate and be combined with architecturally consistent photovoltaic elements. Shaded areas must comply with all height and architectural requirements of the UDC [Unified Development Code]. Prior to building occupancy, shade covers must be installed to the satisfaction of the Director of Community Development.
The modifications to the conditions of approval are below, with underlined text representing the Planning Commission’s revisions to PL5 and PL7:
PL5. The permittee must implement and maintain a Parking Management Plan (PMP) to enforce parking requirements on-site. The permittee must incorporate appropriate signage, where deemed necessary to implement the PMP, such as signage restricting parking times or durations. The permittee must submit the PMP to the Director of Community Development for review prior to building occupancy. Eight months after
building occupancy, the permittee must provide an evaluation of the performance of the PMP, including any changes, to the Director of Community Development for review.
PL7. The permittee must market the units as live-work units for a minimum of 6 months one year after receiving their certificates of occupancy. If, after this timeframe, units are not rented as live-work space, the work component may be converted and rented as additional residential space for the unit. The work portions of the units must continue to meet all requirements for work space (including maintaining ADA accessibility requirements) so as not to preclude future non-residential use.
When a resident using the work space as living space terminates their lease, the permittee must make a good faith effort to rent the live-work unit as both live and work space, prior to re-renting the work space as residential space. Should the permittee apply and receive approval for a subdivision in the future to create and sell condominium units, additional live-work conditions may apply.
Appeal to City Council
After the Planning Commission hearing and decision, the City received two letters of appeal, appealing the project to the City Council. However, Appeal 24-004, filed by Luna & Glushon, on behalf of Las Flores Apartments, LLC, was formally withdrawn on August 21, 2024. A hearing has been scheduled before the City Council to consider the remaining appeal request by Cinema Park, LLC (Appeal 24-003). The decision of the City Council is final.
Appeal 24-003 was filed on July 1, 2024. Cinema Park, LLC (represented by Cornerstone Realty Advisors) previously requested the administrative hearing for the project and subsequently appealed the project to the Planning Commission. A copy of the appeal letter has been attached to this report for the City Council’s review. In summary, the appeal letter states the appellant’s concerns that:
• Infill development should be subject to further analysis; • The methodology used for the parking analysis is incorrect; • There will be no options to address parking issues after construction, should issues arise; • Construction of the southwest parking lot to be completed before any other work; • Parking enforcement should be 24 hours a day, seven days a week; • The one-time assessment of the PMP at eight months will not be effective; and • Noise, dust, and traffic control have not been sufficiently addressed.
PROJECT SETTING AND DESCRIPTION
Project Setting
The project site is a 1.53-acre portion of an existing 4.84-acre commercial shopping center known as Santa Clarita Plaza (shopping center). The shopping center is located at 26111 to 26135 Bouquet Canyon Road (APNs 2811-003-016, -017, and -018) and is located in the MXC zone. Santa Clarita Plaza includes several single-story commercial buildings located around courtyard areas, a standalone restaurant building (occupied by IHOP), and an undeveloped,
vacant lot in the southwest corner of the shopping center. Parking for the shopping center is provided via 253 stalls located on all sides of the existing commercial center, including existing parking stalls in the northwest corner of the shopping center behind the existing IHOP restaurant building.
Access to the shopping center is provided via two existing driveways entering and exiting from Bouquet Canyon Road. The Las Flores Apartment complex, located directly west (to the rear) of the project site, takes access through the existing shopping center, via an access gate to the west of the proposed new building.
Below is a summary of the existing zoning and General Plan designation for the proposed project and surrounding area.
Table 1 – Land Use, Zoning, and Existing Uses
General Plan Zoning
Designation Existing Uses
Project
Site MXC MXC Santa Clarita Plaza Commercial Shopping Center Vacant Lot
North MXC MXC Cinema Park Commercial Center
East
Public/Institutional
(PI)
Industrial (I)
PI
I
Railroad Right-of-Way
Industrial Uses (Burrtec)
South MXC MXC Apartments at 26087 Bouquet Canyon Road
Automotive Services and Commercial Businesses
West MXC MXC Las Flores Apartments
Self-Storage (Extra Storage)
Project Description
The proposed project includes the construction of a new four-story mixed-use building, located in the existing parking lot behind the IHOP restaurant, and a new parking lot located on the vacant southwest corner of the shopping center. The first floor would include 7,234 square feet of new commercial space, divided into several tenant spaces, as well as utility space and access to the upper residential floors. The upper floors include 26 one-bedroom apartments along with four live-work units and common space for residents. The live-work units would provide a total of 1,640 square feet of additional commercial space. A rooftop outdoor space would also be provided for residents. Covered resident parking would be constructed on the north and west sides of the new building, and screened from public view by the new and existing buildings. No existing commercial structures would be demolished or removed by the project.
With the construction of the new parking lot in the southwest corner of the shopping center, the parking provided on-site would meet the requirements of the UDC. This new parking lot would provide 40 parking stalls for use by commercial tenants and customers in the shopping center. A summary of parking for existing uses and the proposed project is provided in Table 2 below.
Detailed parking requirements for the existing shopping center and the proposed mixed-use building are provided in the Parking Analysis provided in the City Clerk’s reading file.
Table 2 – Parking Analysis
Land Use Required Parking Proposed Parking
Existing Commercial 156
249 Proposed Residential 49 1
Proposed Commercial 44
Total 249
1 Includes 34 covered parking spaces for residents
The proposed project would maintain the existing drive aisle through the northern portion of the site and would preserve the existing access point to the Las Flores Apartment complex. In addition, the build out of the new parking area would provide a second additional point of access, via an existing easement, to the Las Flores Apartments along the southerly drive aisle of the shopping center.
An aerial map depicting the location of the site, and the proposed site plans, floor plans, elevations, and renderings are provided as attachments.
Entitlement Summary
Implementation of the proposed project would require approval of the following entitlements:
Minor Use Permit 21-012
Required to permit construction of less commercial square footage than required by the MXC zone for the 1.53-acre project site, to permit the incorporation of live-work units into the project, and to permit the use of carports for covered residential parking.
Development Review 21-011 and Architectural Design Review 21-015
Required to ensure that the project complies with all of the provisions of the City’s UDC, Community Character and Design Guidelines, General Plan, and other applicable requirements.
ANALYSIS
A discussion of each area of concern identified in the appeal is provided below.
1. Infill development should be subject to further analysis;
Infill development is commonplace in the City and is subject to all applicable City standards for new development. The proposed project has been analyzed for consistency with all applicable UDC requirements, as described below, including, but not limited to, development standards for the MXC zone, architectural standards for Valencia, standards for mixed-use developments, and parking requirements.
The project site’s land use designation of MXC is intended to encourage revitalization of underutilized parcels. The development proposal is consistent with the intent and goals of the MXC land use designation. The project would provide opportunities for housing, new
commercial, and employment uses in an area intended for mixed-use development, and would provide both one-bedroom apartments along with live-work housing types. The proposed development increases the mix of uses on-site and in the areas immediately surrounding the project site.
The project meets the definition of a housing development project in accordance with the Housing Crisis Act of 2019 (Government Code section 66300; added by Senate Bill 330).
Accordingly, the objective standards of the UDC for the MXC zone, as well as the City’s Community Character and Design Guidelines (CCDG), were applied to this project. The project complies with these objective standards. Table 3, below, summarizes the project’s compliance with the MXC zone’s density and floor area ratio (FAR) requirements.
Table 3 – Density and FAR
Standard Minimum Maximum Proposed Project Compliance
Floor Area
Ratio
16,662 SF
(0.25 FAR)
66,646 SF
(1.0 FAR)
14,322 SF
(8,874 SF new + 5,448 SF
existing IHOP)
- Less than minimum
- Project complies with
approval of MUP
Density 16 units
(11 units/ac)
45 units
(30 units/ac) 30 units - Project complies
The proposed project provides sufficient access and circulation. New drive aisles meet the UDC minimum width of 26 feet, and are 28 feet wide where required by the Los Angeles County Fire Department. The project utilizes the two existing driveways for the existing shopping center. The City’s Traffic Engineering Division verified that the existing driveways provide sufficient access to and from the project site. In addition, the transportation memorandum prepared for the project, and included in the Class 32 exemption memorandum, demonstrates that the proposed project would not impact traffic volumes or flows. The Engineering Services and Traffic Engineering Divisions conditions require that the applicant complete the following:
• Dedicate easements and improve the driveways to meet current ADA standards • Refurbish the existing no-stopping zone adjacent to the northern driveway • Extend the existing no-stopping zone adjacent to the southern driveway to ensure that sufficient sight lines are provided for ingress and egress
In addition, there is currently one access point to the Las Flores Apartments, located directly west of the project site, via the shopping center’s northern drive aisle. The proposed project would enhance internal circulation by providing a second means of access over an existing easement held by Las Flores Apartments through the new southwestern parking lot, improving access for those residents via the southern drive aisle.
The proposed architecture meets the requirements of the UDC and the CCDG for the community of Valencia through the following architectural features and enhancements:
• High-quality, 360-degree architecture on all elevations • Tower elements
• Horizontal and vertical articulation
• Prominent building corners
• Distinct ground floor architecture
• Curved balconies on multiple elevations
• Earth tone paint and materials
• Use of brick to provide texture and tie into the existing shopping center’s architecture
The development proposal also complies with the UDC’s requirements for landscaping and lighting/shielding. In addition to obtaining the necessary local land use entitlements, the applicant is required to comply with all applicable requirements of other government agencies, including, but not limited to, the Los Angeles County Fire Department, Los Angeles County Sheriff’s Department, and all other required utilities. The Class 32 CEQA exemption memorandum prepared for the project demonstrates that the project can be adequately served by all utilities and public services.
In conclusion, the project complies with all applicable objective standards and has been fully reviewed as required by the UDC.
2. The methodology used for the parking analysis is incorrect;
The parking analysis for the proposed project was prepared consistent with the City’s parking requirements and with prior approvals for the shopping center. Parking was calculated for all existing users at the time such uses were approved, and any new use proposed in the shopping center would be subject to the current parking ratios in effect at the time of approval. In addition, the new commercial space constructed as part of the new building is parked at a ratio of one space per 200 square-feet, and parking for the new residential units is provided consistent with the City’s requirements for mixed-use developments.
The development proposal would provide 249 parking spaces to accommodate the existing and proposed uses on-site, meeting the UDC requirements for parking on-site, as shown in Table 2 above. The proposed parking includes:
• 34 covered stalls for residents (one stall per one-bedroom unit and two stalls per live-work unit);
• 15 dedicated stalls for residential guests (one-half stall per unit); • 44 stalls for new commercial uses (parked at one stall per 200 square-feet); and • 156 stalls for the existing commercial uses (parked as required by the UDC for each existing use).
Staff has surveyed the existing parking lot on multiple occasions to evaluate the existing conditions. While 253 stalls are currently provided on-site, parking has not been fully utilized on any staff site visit. In addition to meeting the UDC requirements for parking, the applicant prepared a parking demand study (attached) evaluating the proposed mixture of uses on-site. The parking demand study utilized industry-standard calculations and determined that, at the peak (i.e., busiest) hours on both weekdays and weekends, surplus parking would be available based on anticipated demand. The study predicts that during the weekday peak hour a surplus of 19 stalls would be available, and during the weekend peak hour, a surplus of 25 stalls would be available.
The applicant also proposed a parking management plan (attached) in order to regulate and enforce parking on-site. Resident and guest parking are located in close proximity to the new mixed-use building, and commercial parking is provided throughout the shopping center. The proposed plan would include assigning residential spaces and prohibiting residents from parking in commercial parking spaces. The conditions of approval require the applicant to implement a parking management plan to address the parking concerns raised during the public noticing process (refer to PL5). In conclusion, the proposed parking for the project has been correctly analyzed, and sufficient parking is provided as required by the UDC.
3. There will be no options to address parking issues after construction, should issues arise;
Condition PL5 for the proposed project requires that the developer implement and maintain a Parking Management Plan (PMP) to enforce parking requirements on-site. This condition includes evaluating the PMP after eight months and implementing any necessary changes to ensure parking is properly utilized and managed. In addition, any future development or redevelopment would be required to comply with the City’s parking requirements prior to any approvals.
4. Construction of the southwest parking lot be completed prior to any other work;
Condition PC2, applied by the Planning Commission to the proposed project, requires that the developer must fully construct and make available the new parking lot before any building construction or demolition of existing parking.
5. Parking enforcement should be 24 hours a day, seven days a week;
The developer is conditioned to implement the PMP, as described above, including, as necessary, active enforcement of parking on-site. The PMP will be evaluated eight months after occupancy to ensure that parking enforcement is sufficient.
6. The one-time assessment of the PMP at eight months will not be effective;
The PMP will be evaluated after eight months. If parking on-site creates issue, the developer will be expected to update and modify the PMP to rectify these issues.
7. Noise, dust, and traffic control have not been sufficiently addressed.
Construction of the proposed project is subject to all standard requirements of construction, including the limitations placed by the City’s Municipal Code on construction noise and hours of construction. Noise, air quality, and traffic reports were prepared for the proposed project and have demonstrated that there would be no significant impacts related to air quality, noise, or traffic during construction or operation of the project. The project would be required to comply with all South Coast Air Quality Management District (SCAQMD) regulations regarding air quality, including regulations for fugitive dust control. The traffic study analyzed both construction and operational traffic and determined that there would be no significant impacts to traffic from the project. Furthermore, the project has been analyzed by the City’s Engineering Services and Traffic Engineering Divisions, and is conditioned to improve the existing
driveways and adjacent curbs in order to provide sufficient accessibility and safety sight lines.
The project is also conditioned to provide a CMP to ensure sufficient overall parking, ADA parking, and ADA access are provided during construction.
ENVIRONMENTAL STATUS
The project is exempt from CEQA as a Class 32 In-Fill Development Project exemption, pursuant to CEQA Guidelines Section 15332. A memorandum documenting the project’s qualification for the Class 32 exemption was prepared by the City’s qualified environmental consultant is attached for reference along with the Notice of Exemption. The proposed project is consistent with the City’s General Plan and UDC, as described above, and is located on an urbanized project site. The proposed project would not have any significant effects on the environment, including but not limited to traffic, noise, air quality, and water quality. In addition, all required utilities can be provided, including sufficient sewer capacity.
PUBLIC NOTICING
On August 6, 2024, as required by UDC Sections 17.24.120 (D) and 17.06.110, public notices regarding the proposed project were mailed to all property owners and residents within 1,000 feet of the project site, as well as to all tenants on the project site and all parties requesting notification regarding the project. In addition, a notice was published in The Signal. On August 13, 2024, a notice of public hearing sign was posted on the project site. Two written comments were received prior to the August 27, 2024 meeting date. At the August 27, 2024 City Council meeting, the item was continued to a date certain, October 22, 2024, and no further noticing was required.
As of the writing of this staff report, no additional public comments have been received.
However, the applicant has provided a letter addressed to the City Council, which provides a discussion of the applicant’s considerations and actions since the continuation, along with a discussion of the appeal. All comments received prior to the agenda posting deadline are attached for reference.
CONCLUSION
As described above, the project is considered a housing development and must be evaluated based on the City’s objective standards for development. The proposed project is consistent with the objective standards identified in the City’s General Plan and UDC, would not endanger the public, and is physically suited to the subject site. Staff has drafted the necessary findings for approval of an MUP as set forth in UDC Section 17.24.120, subject to the attached conditions of approval in Exhibit A of the draft resolution.
ALTERNATIVE ACTION
Other actions as determined by the City Council.
b
FISCAL IMPACT
There is no fiscal impact to the General Fund associated with the recommended action. The applicant would be required to pay various development impact fees, including, but not limited to, Bridge and Thoroughfare and park dedication (Quimby) fees.
ATTACHMENTS
Resolution and Conditions
Aerial and Zoning Map
Site Plans
Appeal Request
Public Comments
Applicant Comment Letter
Parking Analysis, Demand Study, and Management Plan
CEQA Notice of Exemption
Prior Hearing Documents (available in the City Clerk's reading file)