HomeMy WebLinkAbout2025-03-25 - AGENDA REPORTS - COVENANT ENVIRON RESTRICTION MCBEAN TRANSIT CENTERO
Agenda Item: 6
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: Lj
DATE: March 25, 2025
SUBJECT: COVENANT AND ENVIRONMENTAL RESTRICTION ON
ASSESSOR PARCEL NUMBERS 2861-062-900 & 2861-062-902
(MCBEAN TRANSIT CENTER)
DEPARTMENT: Neighborhood Services
PRESENTER: Susan Nelson
RECOMMENDED ACTION
City Council approve and authorize the City Manager or designee to accept a covenant and
environmental restriction from the California Regional Water Quality Control Board, Los
Angeles Region, as described and shown in Exhibit A.
BACKGROUND
The McBean Transit Center complex is situated over an existing oil pipeline corridor. As part of
the Mobile crude oil pipeline removal in 1992, soil and groundwater samples were collected and
analyzed for volatile organic compounds (VOCs) and total petroleum hydrocarbons (TPH).
Based on this exploratory investigation, it was determined that a release of petroleum
hydrocarbons had occurred at the site. The cause of the release was unknown but assumed to be
weathered crude oil from the pipelines.
The California Regional Water Quality Control Board (CRWQCB), Los Angeles Region,
recently notified the City that a land use restriction is necessary to protect present or future
human health, safety, or the environment, due to the history of hazardous materials in the soil
and/or groundwater at the site. Although the site poses no immediate health or safety risks in its
current state, the restriction ensures continued compliance with environmental regulations should
it be developed. The CRWQCB has determined that there is no further mitigation required at this
time, the site's present use is safe. The covenant will ensure that the parties responsible for the
contamination are burdened with any necessary remediation work associated with the site's
future development. In addition, the City of Santa Clarita is identified as the fee title holder;
therefore, a land use covenant is required, with City Council approval.
Staff recommends accepting a covenant and environmental restriction from the CRWQCB, Los
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O
Angeles Region.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
There is no fiscal impact as a result of this item.
ATTACHMENTS
Exhibit A - McBean Transit Center Land Use Covenant (available in the City Clerk's Reading
File)
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Recording Requested By:
City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355
When Recorded, Mail To:
Susana Arredondo, Executive Officer
California Regional Water Quality Control Board
Los Angeles Region
320 W. 4t" Street, Suite 200
Los Angeles, California 90013
NEWHALL LAND AND FARM CO
ASSESSOR'S IDENTIFICATION NUMBERS (AIN): 2861-062-900; 2861-062-902
24375 VALENCIA BLVD., VALENCIA CALIFORNIA 91355
LARWQCB SITE CLEANUP PROGRAM NO. 0293
This Covenant and Environmental Restriction on Property ("Covenant") is made as of the
19th day of December 2024 by City of Santa Clarita ("Covenantor") who is the Owner of
record of that certain property identified as AINs 2861-062-900; and 2902-062-902; and
situated at 24375 Valencia Blvd., in the City of Valencia, County of Los Angeles, State of
California, which is more particularly described in Exhibits A and B attached hereto and
incorporated herein by this reference (hereinafter referred to as the "Burdened Property"),
for the benefit of the California Regional Water Quality Control Board, Los Angeles
Region ("Board"), with reference to the following facts:
A. Nature of Covenant. This Covenant is an environmental covenant provided for by
Civil Code section 1471 and required by the Board pursuant to Water Code section
13307.1 because the Board has determined that the Burdened Property is not
suitable for unrestricted use and that a land use restriction is necessary for the
protection of present or future human health, safety, or the environment as result
of the presence of hazardous materials, as defined in section 25260 of the Health
and Safety Code, in the soil and/or groundwater at the Burdened Property.
B. Contamination of the Burdened Property. The soil, soil vapor and groundwater,
at the Burdened Property were contaminated by a former crude oil pipeline (former
ExxonMobil pipeline 99NLF) discovered during the 1993 removal and subsequent
assessments conducted by the Torrance Valley Pipeline Company, LLC. The
Mobil pipeline was reportedly installed in 1912 and was used to transport San
Joaquin crude oil. In July 1992, the pipeline was purged with nitrogen and was
subsequently removed between June 29 and July 12, 1993. Approximately 700
feet of the Mobil crude oil transmission pipeline were removed between Valencia
Country Club and Valencia Boulevard.
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The known contaminants of potential concern (COPCs) are organic chemicals
including total petroleum hydrocarbons (TPH) in the gasoline, diesel, and oil
ranges, and volatile organic compounds (VOCs). Remediation of the COPCs was
conducted by soil vapor extraction, dual -phase extraction, pipeline removals
(including soil excavations), and light non -aqueous phase liquid (LNAPL) removal
(bailing and sorbent socks). Groundwater flow is generally to the south and
southwest.
As an engineering control, the site is a paved parking lot with no buildings onsite.
Institutional controls include a Soil Management Plan (SMP) for use during
potential future property redevelopment and this Covenant and Environmental
Restriction on Property. Residual concentrations of TPH and VOCs in
groundwater, shallow soil, and soil vapor are not anticipated to pose a risk to
current site use.
C. Exposure Pathways. The contaminants addressed in this Covenant are present
in the soil and soil vapor at the Burdened Property. Without the mitigation
measures which have been performed on the Burdened Property, exposure to
these contaminants could take place via dermal contact with contaminated soil,
inhalation during construction or redevelopment activities, or via soil vapor
intrusion in the event the site is redeveloped and buildings are constructed on the
Burdened Property. The risk of public exposure to the contaminants has been
substantially lessened by the remediation and controls described herein.
D. Land Uses and Population Potentially Affected. The Burdened Property is used
for commercial purposes consisting of the McBean Regional Transit Center Park
and Ride and the McBean Regional Transit Center. The Burdened Property
consists of a paved parking lot and there are no buildings in the immediate vicinity.
The Burdened Property is adjacent to commercial and residential land uses.
E. Disclosure and Sampling. Disclosure of the presence of hazardous materials on
the Burdened Property has been made to the Board and extensive sampling of the
Burdened Property has been conducted.
F. Use of Burdened Property. Covenantor desires and intends that in order to
benefit the Board, and to protect present and future human health, safety, or the
environment, the Burdened Property shall be used in a manner consistent with this
Covenant as to avoid potential harm to persons or property that might result from
any hazardous materials that might remain deposited on portions of the Burdened
Property.
ARTICLE I
GENERAL PROVISIONS
1.1. Provisions to Run with the Land. This Covenant sets forth protective provisions,
covenants, conditions and restrictions (collectively referred to as "Restrictions") upon
and subject to which the Burdened Property and every portion thereof shall be
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improved, held, used, occupied, leased, sold, hypothecated, encumbered, and/or
conveyed. These Restrictions are reasonably necessary to protect present and future
human health or safety or the environment as a result of the presence of hazardous
materials at the Burdened Property. Each and all of the Restrictions shall run with the
land and pass with each and every portion of the Burdened Property, and shall apply
to, inure to the benefit of, and bind the respective successors, assigns, and lessees
thereof for the benefit of the Board and all Owners and Occupants. Each and all of
the Restrictions: (a) are imposed upon the entire Burdened Property, unless expressly
stated as applicable to a specific portion of the Burdened Property; (b) run with the
land pursuant to Civil Code section 1471; and (c) are enforceable by the Board.
1.2. Concurrence of Owners and Lessees Presumed. After the date of recordation
hereof, all purchasers, lessees, and possessors of all or any portion of the Burdened
Property shall become Owners or Occupants as defined herein and shall be deemed
by their purchase, leasing, or possession of the Burdened Property to be bound by
the Restrictions and to agree for and among themselves, their heirs, successors, and
assignees, and the agents, employees, and lessees of such owners, heirs,
successors, and assignees, that the Restrictions herein established must be adhered
to for the benefit of the Board and all Owners and Occupants, and that the interest
of all Owners and Occupants of the Burdened Property shall be subject to the
Restrictions.
1.3. Incorporation into Deeds and Leases. Covenantor desires and covenants that
the Restrictions shall be incorporated in and attached to each and all deeds and leases
of all or any portion of the Burdened Property. Recordation of this Covenant shall be
deemed binding on all successors, assigns, and lessees, regardless of whether a copy
of this Covenant has been attached to or incorporated into any given deed or lease.
1.4. Purpose. It is the purpose of this instrument to convey to the Board real property
rights as specified in this Covenant, which will run with the land, to facilitate the
remediation of past environmental contamination and to protect present and future
human health, safety, or the environment by reducing the risk of exposure to residual
hazardous materials.
ARTICLE II
DEFINITIONS
2.1. Board. "Board" shall mean the California Regional Water Quality Control Board,
Los Angeles Region and shall include its successor agencies, if any.
2.2. Improvements. "Improvements" shall mean all buildings, structures, roads,
driveways, gradings, re-gradings, and paved areas, constructed or placed upon any
portion of the Burdened Property.
2.3. Occupant or Occupants. "Occupant" or "Occupants" shall mean Owners and
those persons entitled by ownership, leasehold, or other legal relationship to the right
to use and/or occupy all or any portion of the Burdened Property.
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2.4. Owner or Owners. "Owner" or "Owners" shall mean the Covenantor and
Covenantor's successors in interest who hold title to all or any portion of the Burdened
Property.
ARTICLE III
DEVELOPMENT, USE, AND CONVEYANCE OF THE BURDENED PROPERTY
3.1. Restrictions on Development and Use. Covenantor promises to restrict the use
of the Burdened Property as follows:
a. Development and use of the Burdened Property shall be restricted to its current
commercial use: transit center and park and ride:
b. No residence for human habitation shall be permitted on the Burdened
Property;
c. No hospitals shall be permitted on the Burdened Property;
d. No public or private schools for persons under 21 years of age shall be
permitted on the Burdened Property;
e. No care or community centers for children or senior citizens, or other uses that
would involve the regular congregation of children or senior citizens, shall be
authorized on the Burdened Property;
Subject to the conditions set forth in attached Exhibit "C," which is incorporated
by reference, Owners or Occupants of the Burdened Property or any portion
thereof may conduct or permit excavation work on the Burdened Property
without further approval by the Board to the extent that such excavation work
is consistent with (i) development plans for the Burdened Property approved by
Covenantor, acting in its governmental capacity, and (ii) all restrictions on use
of the Burdened Property set forth herein. Future excavation work on the
Burdened Property shall be conducted in accordance with a Soil Management
Plan that is approved by the Board. Any contaminated soils brought to the
surface by grading, excavation, trenching, or backfilling shall be managed by
the Owner, Owner's agent, Occupant, or Occupant's agent in accordance with
all applicable provisions of local, state and federal law;
g. Any excavation conducted on the Burdened Property shall be performed
pursuant to an appropriate and fully implemented Health and Safety Plan and
in accordance with the Soil Management Plan dated November 4, 2024, and
incorporating the comments of the Board's approval letter dated November 20,
2024;
h. All uses and development of the Burdened Property shall be consistent with
any applicable Board Order or Risk Management Plan„ each of which is hereby
incorporated herein by reference, and including future amendments thereto. All
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uses and development shall preserve the integrity of any cap, any remedial
measures taken or remedial equipment installed, and any groundwater
monitoring system installed on the Burdened Property pursuant to the
requirements of the Board, unless otherwise expressly permitted in writing by
the Board;
No Owner or Occupant shall drill, bore, otherwise construct, or use a well for
the purpose of extracting water for any use, including but not limited to,
domestic, potable, or industrial uses, unless expressly permitted in writing by
the Board; nor shall the Owner or Occupant permit or engage any third party to
do such acts;
The Owner and/or Occupant shall notify the Board of each of the following: (1)
the type, cause, location and date of any disturbance to any cap, any remedial
measures taken or remedial equipment installed, and of the groundwater
monitoring system installed on the Burdened Property pursuant to the
requirements of the Board, which could affect the ability of such cap or remedial
measures, remedial equipment, or monitoring system to perform their
respective functions, and (2) the type and date of repair of such disturbance.
Notifications to the Board shall be made by registered mail within ten (10)
working days of both the date of discovery of such disturbance and the date of
completion of repairs;
k. The Covenantor agrees that the Board, and any persons acting pursuant to
Board orders, shall have reasonable access to the Burdened Property for the
purposes of inspection, surveillance, maintenance, or monitoring as provided
in Division 7 of the Water Code; and
1. No Owner or Occupant shall act in any manner that threatens or is likely to
aggravate or contribute to the existing contaminated conditions of the Burdened
Property. All use and development of the Burdened Property shall preserve
the integrity of any capped areas.
3.2. Enforcement. Failure of an Owner or Occupant to comply with any of the
Restrictions set forth in Paragraph 3.1 above shall be grounds for the Board, by the
authority of this Covenant, to require that the Owner or Occupant modify or remove,
or cause to be modified or removed, any Improvements constructed in violation of that
Paragraph. Violation of this Covenant shall also be grounds for the Board to file civil
actions against the Owner or Occupant as provided by law. Nothing in this Covenant
shall limit the Board's authority under Division 7 (commencing with section 13000) of
the Water Code or other applicable laws.
3.3. Notice in Agreements. After the date of recordation hereof, all Owners and
Occupants shall execute a written instrument which shall accompany all purchase
agreements or leases relating to all or any portion of the Burdened Property. Any
such instrument shall contain the following statement:
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The land described herein contains hazardous materials in the soils
and/or groundwater under the property, and is subject to a Covenant.
and Environmental Restriction on Property dated as of ,
20_, and recorded on , 20_, in the Official Records of
Los Angeles County, California, as Document No. , which
Covenant and Environmental Restriction on Property imposes
certain covenants, conditions, and restrictions on usage of the
property described herein. This statement is not a declaration that a
hazard exists.
ARTICLE IV
VARIANCE, TERMINATION, AND TERM
4.1. Variance. Any Owner or, with the Owner's written consent, any Occupant may
apply to the Board for a written variance from the provisions of this Covenant.
4.2. Termination. Any Owner or, with the Owner's written consent, any Occupant may
apply to the Board for a termination of the Restrictions as they apply to all or any
portion of the Burdened Property.
4.3. Term. Unless terminated in accordance with Paragraph 4.2 above, by law or
otherwise, this Covenant shall continue in effect in perpetuity.
ARTICLE V
MISCELLANEOUS
5.1. No Dedication Intended. Nothing set forth herein shall be construed to be a gift
or dedication, or offer of a gift or dedication, of the Burdened Property or any portion
thereof to the general public.
5.2. Notices. Whenever any person gives or serves any notice, demand, or other
communication with respect to this Covenant, each such notice, demand, or other
communication shall be in writing and shall be deemed effective (a) when delivered,
if personally delivered to the person being served or an official of a government agency
being served„ or (b) three (3) business days after deposit in the mail if mailed by United
States mail, postage paid certified, return receipt requested, and addressed:
If To: "Covenantor"
City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355
If To: "Board"
California Regional Water Quality Control Board
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Los Angeles Region
Attention: Executive Officer
320 W. 4th Street, Suite 200
Los Angeles, California 90013
5.3. Partial Invalidity. If any portion of the Restrictions or terms set forth herein is
determined by a court having jurisdiction to be invalid for any reason, the remaining
portion shall remain in full force and effect as if such portion had not been included
herein.
5.4. Recordation. This instrument shall be executed by the Covenantor and by the
Executive Officer of the Board. This instrument shall be recorded by the Covenantor
in the County of Los Angeles within ten (10) days of the date of execution.
5.5. References. All references to Code sections include successor provisions.
5.6. Construction. Any general rule of construction to the contrary notwithstanding,
this instrument shall be liberally construed in favor of the Covenant to preserve and
implement the purpose of this instrument and the policies and purposes of the Water
Code. If any provision of this instrument is found to be ambiguous, an interpretation
consistent with the purpose of this instrument that would render the provision valid
shall be favored over any interpretation that would render it invalid.
IN WITNESS WHEREOF, the parties execute this Covenant as of the date set forth
above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURES ON FOLLOWING PAGES]
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Covenantor. -
Print Name:
Signature: _
Title. -
Date:
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On
(insert name and title of the officer)
before me,
personally appeared, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Page 8of13
(Seal)
California Regional Water Quality Control Board, Los Angeles Region
Print Name:
Signature:
Title: Executive Officer
Date:
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
DEC 19 2024
On
J(�' /k " I'� W f --'04
(insert name and title of the office
before me,
personally appeared, who proved
to me on the basis of satisfactory evidence to be the person(s) whose names' is/are
subscribed to the within instrument and acknowledged to me that he/shelthey-executed
the same in his/her/t-heir authorized capacity(ies), and that by his/her/th-eir signature' s9) on
the instrument the person(o, or the entity upon behalf of which the personQ§) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
f
Signature
Page 9 of 13
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EXHIBIT A
LEGAL DESCRIPTION OF THE BURDENED PROPERTY
Assessor's Identification Number(s):
Assessor's Identification
Street Address
Legal Description
Number
2861-062-900
24375 Valencia Blvd.,
PM 277-1-10 FOR DESC SEE ASSESSOR'S MAPS POR OF LOT
Valencia, CA 91355
5
2861-062-902
Address not available
PM 277-1-10 FOR DESC SEE ASSESSOR'S MAPS POR O -LOT
5
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Page 10 of 13
EXHIBIT B
MAP OF THE BURDENED PROPERTY
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Page 11 of 13
EXHIBIT C
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the Santa Clarita Municipal Code ("SCMC"), the Permittee agrees to comply with
the following provisions as conditions for the City of Santa Clarita's approval of a grading permit ("Project Conditions").
a. Before grading permits are issued, the permittee must provide 30 days written notice to the California
Regional Water Quality Control Board, Los Angeles Region ("Board"). Such notice must identify the starting
date for ground disturbance and best management practices ("BMP") that the permittee will implement to
prevent additional soil contamination of the area identified in the Soil Management Plan (SMP) dated
November 4, 2024, as "Hazard Area." Unless the Board objects to permittee commencing soil disturbance in
accordance with the City's valid grading permit within 30 days after the date of notice, permittee may
commence grading.
b. The permittee must comply with all BMPs required by the Board set forth below:
i. Prohibited intrusive activities may include but are not limited to excavation; construction of roads,
utilities, structures; demolition of hardscape; movement of soil from below ground surface to the
surface; and any other actions that expose potentially contaminated soil.
ii. Potentially impacted soil will be segregated until contamination can be confirmed. Sampling will be
conducting in accordance with the SMP.
iii. Personal protective equipment (PPE) must be worn for soil removals and intrusive activities when
working within the Hazard Area.
iv. Board will be notified of all work onsite, including projects managed by the City of Santa Clarita.
v. Board approval is required prior to any intrusive work within zones specified in the Figure 3 of SMP.
c. All City grading permits issued for the Burdened Property will incorporate these BMPs by reference. City is
required to enforce the BMPs to the extent required by law including, without limitation, revoking a grading
permit.
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d. Buildings — whether industrial, commercial, or residential — are prohibited from being constructed within the
Hazard Area.
e. Permittees must indemnify and hold the Board and City harmless from and against any claim, action,
damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from ground
disturbance of the Hazard Area. Should the Board or City be named in any suit, or should any claim be
brought against them by suit or otherwise, whether the same be groundless or not, the Permittee, agrees to
defend the Board and City (at the Board's or City's request and with counsel satisfactory to the Board and
City) and will indemnify the Board and City for any judgment rendered against it or any sums paid out in
settlement or otherwise. For purposes of this section "the City" includes the City of Santa Clarita's elected
officials, appointed officials, officers, and employees.
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