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Home My WebLink About2024-01-23 - RESOLUTIONS - MOD CONDITIONS OF APPROVAL FOR MC NO 07-127RESOLUTION NO.24-5 A RESOLUTION MODIFYING CONDITIONS OF APPROVAL FOR MASTER CASE NO. 07-127; ACCEPTING EASEMENTS; ACCEPTING FACILITIES IDENTIFIED AS THE "WATER FACTORY" LOCATED ON REAL PROPERTY LOCATED AT 17365 HUMPHREYS PARKWAY; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSIGNMENT AND ASSUMPTION AGREEMENTS WITH DESIGN PROFESSIONALS FOR VARIOUS INFRASTRUCTURE PROJECTS; AND AUTHORIZING A LOAN FROM THE GENERAL FUND TO THE EASTSIDE BRIDGE AND THOROUGHFARE DISTRICT IN THE AMOUNT OF $1,100,000 The City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1: The City Council finds and declares as follows: A. On April 26, 2011, the City Council adopted Resolution No. 11-23 approving Master Case No. 07-127 to annex and develop a 185 acre project identified as the "Vista Canyon Project" (the "Project"); B. Among other things, the Project was conditioned to construct infrastructure that would eventually be dedicated to the City for public use. Such infrastructure included, without limitation, bridge for vehicle traffic (the "bridge") and a wastewater treatment facility identified as the "Water Factory" (collectively, "" "Infrastructure Projects"); C. In December 2023, the Vista Canyon, LLC (the "Developer") informed the City Manager that it was unable to complete the Infrastructure Projects in accordance with the 2011 conditions of approval. The Developer further informed the City Manager that the Water Factory was complete and could be acquired by the City; it also informed the City Manager that design work for the bridge was substantially complete; and D. Based upon the entirety of the administrative record including, without limitation, the staff report submitted to the City Council regarding the Project, it is apparent that it is in the public interest for the City to assume control over the Infrastructure Projects. Failure of the City to assume control over the Infrastructure Projects could result in significant impacts to public health and safety since the bridges and the Water Factory were specifically designed to alleviate impacts to vehicle circulation and water quality. SECTION 2: Santa Clarita Planning Agency. Pursuant to Government Code § 65100, the City Council temporarily withdraws authority otherwise delegated to the Planning Commission set forth in the Santa Clarita Municipal Code ("SCMC") as to modifying the Project conditions of approval ("COA"). Notwithstanding anything to the contrary in the SCMC 000 including, without limitation, SCMC Chapter 2.26 and SCMC § 17.02.030(C), the City Council will act as the Santa Clarita Planning Agency for all matters otherwise delegated to the Planning Commission as to the Project. Page 1 of 4 SECTION 3: General Plan Findings. The City Council incorporates by references the General Plan findings set forth in Section 3 of Resolution No. 11-23, adopted April 26, 2011. The actions authorized by this resolution do not alter those findings other than changing the entity responsible for designing and constructing the Infrastructure Projects. Consequently, no additional findings are required to modify the conditions of approval in Section 4 of this resolution. SECTION 4: Modification of COA. Based upon the findings set forth in Sections 1, 2, and 8 of this resolution, the City Council amends Condition Nos. EN42 and EN43, as follows: A. "EN42. Intentionally Blank." B. "EN43. Intentionally Blank." SECTION 5: Acceptance of Water Factory. The "Water Factory," identified in the Project conditions (see, e.g., CEQA Mitigation Measures 4.21-1, 4.21-2, and 4.21-3) as the "Vista Canyon Water Factory," located at 17365 Humphreys Parkway, Canyon Country, CA 91387 (APN 2840-029-900), is accepted as a public facility. The City Manager is authorized to execute such documents that are needed to further memorialize that acceptance in a form approved by the City Attorney. SECTION 6: Acceptance of Easements. The City Manager is authorized to accept easements on real property as depicted in attached Exhibit "A," which is incorporated by reference ("Easements"). The Easements are generally required for parking, fencing, and •-� construction staging. The City Manager may execute such documents that are needed to effectuate this acceptance, in a form approved by the City Attorney. SECTION 7: Assignment and Assumption Agreements; Bridge Design. The City Manager is authorized to execute assignment and assumption agreements, in a form approved by the City Attorney, with design professionals ("Design Contracts") responsible for completing plans for the bridge. The City Engineer's estimate is that such plans and specifications are currently at 90% completion; the Design Contracts will ensure that the City acquires all ownership rights to the bridge plans and specifications needed for design immunity, bidding, and construction. SECTION 8: Interfund Loan. Authorize a loan from the General Fund (100) to the Eastside Bridge & Thoroughfare District Fund (301) in the amount of $1,100,000 for the purpose of designing and constructing the bridge. The amount of the loan will be paid back at a future time when funds in the amount of $1,100,000 are available to repay the loan back to the City's General Fund. The loan will be paid back at an interest rate equivalent to the yield of the average monthly investment portfolio. SECTION 9: Environmental Assessment. The City Council reviewed this resolution in accordance with the California Environmental Quality Act (Public Resources Code § § 21000, et seq.; "CEQA") and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.). CEQA Guidelines § 15168(c)(2) states that if a project is proposed which has been the subject of a prior certified EIR, and "[i]f the [City] finds that pursuant to Section 15162, no new effects could occur or new mitigation measures would be required, the agency can approve the activity Page 2 of 4 as being within the scope of the project covered by the ... EIR, and no new environmental .. document would be required." On April 26, 2011, the City Council certified the Project's Final EIR (SCH No. 2007071039). Based upon the findings in Section 1 of this resolution, adopting this resolution will not result in any new environmental effect not already considered in the FEIR regarding the Project. Consequently, the actions authorized by this resolution do not require additional environmental review. SECTION 10: Delegation of Authority. The City Manager is authorized to make clerical corrections; minor technical changes; and other non -substantive edits to any of the instruments identified in this resolution, in a form approved by the City Attorney. Unless substantive changes are required, no additional City Council action is required to ratify such changes. SECTION 11: Reliance on Record. Each and every one of the findings and determinations in this resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 12: Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat am related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 13: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. SECTION 14: If any part of this resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this resolution are severable. SECTION 15: This resolution will become effective immediately upon adoption. Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 13'h day of February 2024. MAYOR ATTEST: CITY CLE� • ,► STATE OF-CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing resolution No. 24-5 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 13`f` day of February 2024, by the following vote: AYES: COUNCILMEMBERS: McLean, Weste, Gibbs, Miranda, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None L4�eelo kl�' CITY CLERK •-, Page 4 of 4 EXHIBIT A SAN'IA CLAR1'1'A ---- N — A,f° `�, ~��., Location Map for Feet ir. - s * �. Temporary Construction o 100 200 Easement Street centerlines developed & maintained "' ^'' * •.,+` '' • `_- s - , • -_ )� Legend by Cityof Santa Clanta GIS '� �»'^ -�" '•' • tit , +'" • Parcels The Cityof Santa Clarita does not warrant • ' -48rAe Location , ►, x O the accuracy of the data and assumes no rt' i �, liability for any errors or omissions. a' ;, r .K* i ": ' # P Temporary Construction Easement "• • __y.p 2840-031-020 Map prepared by: City of Santa Clanta GIs Division - :, .�•". «;. Vista Canyon Road Bridge Project Q:\PROJECTS\PW\240118a1\Vista Canyon Bridge &MAE&---- - - ---- - a 2840-031-017 . 0 ♦ r'�i — za' v I P 1 W,vu. ._ �. ssx • C 1 cb M 1, 2840-031-004 1 0a, t't.- � � f Cih,of . SANTA GLARI IA a Location Map for Feet Fence Easement 0 50 100 K Street centerlines developed & maintained Legend by City of Santa Clarita G1S The City of Santa Clarita does not warrant the accuracy of the data and assumes no Parcels liability for any errors or omissions. Map prepared by: City of Santa Clarita, Fence Easement GIs Division Q:\PROJECTS\PW\240118a1\Vista Canyon Bridge fit '0 Vista Canyon Reglonal'�Transit 4.. Center's a ' 2840-031-004 _ _a 1.J.v. t77. ;�..� . . Ci I I" of SANTA CLARITA N Location Map for Parking Lot Easement 0 100 200 I I I Street centerlines developed 24 maintained Legend by City of Santa Clarity GIS The City of Santa Clarita does not warrant the accuracy of the data and assumes no Parcels liability for any errors or omissions. 4�(� Map prepared by: City of Santa Clarita Parking Lot Easement GIS Division Q:\PR03ECTS\PW\240118a1\Vista Canyon Bridge `0 J 70 r , ( 10�� x 10 .. o y � 15 Ji1ij