HomeMy WebLinkAbout1990-11-13 - AGENDA REPORTS - ANNEX AGMT OAK SPRINGS RD (3)0
AGENDA REPORT
City Manager ApprovaAIZl
Item to be presented by:
PUBLIC HEARING Lynn M. Harris
DATE: November 13, 1990
SUBJECT: Prezone 88 -01 -and Annexation Agreement 89-01 located
southeasterly of the intersection of Oak Springs Road and
Lost Canyon Road.
APPLICANT: American Beauty Homes, F&N Projects; Jack Shine and John
Dean.
DEPARTMENT: Community Development
BACKGROUND
The applicant, American Beauty Homes and F&N Projects, is requesting a prezone
to allow the annexation of this site into the City of Santa Clarita. The
prezone will change the existing Los Angeles County zoning of A-1-20,000
(Light Agricultural 20,000 square foot minimum lot size) to R -1 -DP (Single
Family Residential, Development Plan). The applicant.is-proposing 15,000
square foot minimum lot size.
The applicant is also requesting an Annexation Agreement between the City and
the applicant to allow a 12 year time period to complete the build out of the
project.. The applicant has been required to construct -several major
improvements in the Oak Springs Canyon area prior to the construction of any
homes. A similar condition was also placed on a residential project located
to the south (VTTM 47803, Prime West Development).
On October 2, 1990, the Planning Commission approved Vesting Tentative Tract
Map 34466, Conditional Use Permit 89-023, Oak Tree Permit 89-062 and
recommended approval of Prezone 88-01 and Annexation Agreement 89-01. The
development would consist of 300 single family homes on 188 acres and is
located southeasterly of the intersection of Oak Springs Road and Lost Canyon
Road . The project will also include the removal of 153 living native oaks.
During the Planning Commission Public Hearings on the project the issues that,
were raised included:
1. The implementation of the floodway improvements would.affect adjacent
property improvements.
2. The cumulative traffic impacts on existing roads.
3. The noise from the railroad is not mitigated in the EIR.
4. The schools are overcrowded in the area.
Adoptedt., — �� Agenda Item:
The EIR Consultant addressed these concerns, along with others in the Response
To Comments section in the Final EIR. In addition the flood issues were
addressed at the hearings by the Public Works Department.
At that meeting, the Planning Commission certified the Final Environmental
Impact Report for the project. This report, which was transmitted to the
Council in September, stated that the project contained no significant impacts
that could not be mitigated adequately. The Planning Commission adopted a
Statement of Overriding Considerations even though the FEIR identified no
nonmitigatable impacts.
At the hearing the Planning Commission conditioned the project that no
building permits shall be issued until the access from Soledad Canyon Road to
the southern boundary of the project is constructed. This access includes
both an undercrossing for the railroad and a bridge across the Santa Clara
River.
RECOMMENDATION
1. Adopt Resolution 90-192, certifying the Final Environmental Impact Report
and adopting a Statement of Overriding Consideration for Prezone 88-001,
Annexation 1988-02, and Annexation -Development Agreement 89-01
2. Introduce Ordinance 90-34, approving Prezone 88-01 and
Annexation -Development Agreement 89-01, waive further reading, and pass to
the second reading.
Ordinance 90-34
Resolution 90-192
Staff Reports
• PUBLIC HEARING PROCEDURE •
1. Mayor Opens Hearing
a. States Purpose of Hearing
2. City Clerk Reports on Hearing Notice
3. Staff Report
(City Manager)
or
(City Attorney)
or
(RP Staff)
4. Proponent Argument (30 minutes)
5. Opponent Argument (30 minutes)
6. Five-minute Rebuttal (Proponent)
a. Proponent
7. Mayor Closes Public Testimony
S. Discussion by Council
9. Council Decision
10. Mayor Announces Decision
• CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
TO CONSIDER REQUEST FOR PREZONE 88-01 TO CHANGE
ZONING OF A-1-20,000 (LIGHT AGRICULTURAL 20,000
SQUARE FOOT MINIMUM LOT SIZE) TO R -1 -DP (SINGLE
FAMILY RESIDENTIAL, DEVELOPMENT PLAN) AND
ANNEXATION & DEVELOPMENT AGREEMENT 89-01 LOCATED SOUTHEASTERLY OF THE
INTERSECTION OF OAK SPRINGS ROAD AND LOST CANYON ROAD
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City of Santa
Clarita to consider a request for Prezone 88-01 to change zoning of A-1-20,000
(Light Agricultural 20,000 square foot minimum lot size) to R -1 -DP (Single
Family Residential, Development Plan) and annexation & development agreement
89-01 located southeasterly of the intersection of Oak Springs Road and Lost
Canyon Road, in the City of Santa Clarita, Ca.; applicant is American Beauty
Homes, F&N Projects.
The hearing will be held by the City Council in the City Hall Council
Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 13th day of
November, 1990, at or after 6:30 p.m.
Proponents, opponents, and any interested persons may appear and be heard on
this matter at that time. Further information may be obtained by contacting
the City Clerk's Office, Santa Clarita City Hall, 23920 Valencia Blvd., 3rd
Floor, Santa Clarita, Ca.
If you wish to challenge this order in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described
in this notice, or in written correspondence delivered to the Planning
Commission or the City Council, at, or prior to, the public hearing.
Dated:
Donna M. Grindey
City Clerk
Publish Date: October 24, 1990
•
ORDINANCE NO. 90-34
LJ
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
AMENDING THE OFFICIAL ZONING NAP
AND ALLOWING FOR THE CITY TO ENTER INTO AN
ANNEXATION/DEVELOPMENT AGREEMENT
(Prezone 88-001 and Annexation/Development Agreement 89-01)
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City Council does hereby find and determine-
as follows:
a. An application for a vesting tentative tract map,
conditional use permit, oak tree permit,
annexation/development agreement and prezone were
concurrently filed with the City of Santa Clarita on
November 17, 1989, by American Beauty Homes and FIN
Projects, Inc. ("the applicant"). The property for which
these entitlements have been filed is a 188 -acre site
generally located southeast of the intersection of Oak
Springs Canyon Road and Lost Canyon Road. The General Plan
designates the site for densities of 1 unit per acre and
1.1 to 3.3 units per acre. The purpose of the vesting
tentative tract map application is to create 300 lots
within the subject site for 299 single-family residential
units and 1 open space lot. The purpose of the prezone is
to request the R=1(DP) zone prior to annexation to the
City. The Assessor's -Parcel Numbers for the site are
2840-01-100, 103, 107 thru 113 and 2840-15-31 thru 35, 40
&45.
b. The City of Santa Clarita Development Review Committee
(DRC) met on December 28, 1989, and supplied the
applicant's agent with information relating to this case.
c. An Environmental Impact Report has been prepared for the
proposed project pursuant to the requirements of the
California Environmental Quality Act and was certified
pursuant to Resolution 90-192 of the City Council of the
City of Santa Clarita.
SECTION 2. Based upon the testimony and other evidence
received at the public hearing, and upon studies and investigation
made by the.Planning Commission and the City Council and on their
behalf, the City Council further finds and determines as follows:
a.. The City of Santa Clarita is proceeding in a timely fashion
with the preparation of the General Plan. There is a
reasonable probability that this project will be consistent
with the General Plan designation currently being
considered or studied, that there is little or no
probability of substantial detriment to or interference
with the future adopted General Plan if the proposed
resolution is ultimately inconsistent with that plan, and
that the proposed project complies with all other
applicable requirements of state law and local ordinances.
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b. The division and development of the property in the manner
set forth on the subject tentative tract map will not
unreasonably interfere with the free and complete exercise
of any public entity and/or public utility right-of-way
and/or easements within the tentative tract map.
c. The applicant has submitted a vesting tract tentative map
which depicts the area proposed for the 301 lots within the
subject site.
d. The design of the subdivision and the type of improvements
to be constructed will not.cause serious public health
problems, since sewage disposal, storm drainage, fire
protection, and geological and soils factors are addressed
in the recommended conditions of approval. The discharge
of sewage from the subdivision into the public sewer system
will not violate the requirements prescribed by the
California Regional Water Quality Control Board pursuant to
Division 7 (commencing with Section 13000) of the Water
Code.
e. The subject property is of a size and shape which lends
itself to the proposed use.
f. The proposed parcel sizes are consistent with surrounding
parcel sizes.
g. The design of the subdivision provides, to the extent
feasible, for future passive or natural heating or cooling
opportunities in the subdivision given the size and shape
of the lots and their intended use.
h. The proposed subdivision does front upon a public waterway,
the Santa Clara River. This item is addressed within the
Final Environmental Impact Report.
i. The housing needs of the region were considered and
balanced against the public service needs of local
residents.
j. Neither the design of the subdivision nor the type of
improvements will conflict with public easements for access
through'the use of property within the proposed
subdivision, since the design and development as set forth
in the 131 conditions of approval and mitigation measures
and on the tentative map, provide adequate protection for
easements.
k. The subject property is in a proper location for single
family residential uses. This item is addressed in the
Final Environmental Impact Report.
1. The Final Environmental Impact.Report identifies certain
significant environmental effects. The Final Environmental
Impact Report identities feasible mitigation measures for
each of these impacts, and these mitigation measures have
been made conditions of approval of the various '
entitlements that comprise the development proposal.
M. Implementation of this proposal will not cause adverse
effects in the environment which cannot be adequately
mitigated through the application of available controls.
However, a letter, dated August 28, 1990, was received from
the United States Department of the Interior, Fish and
Wildlife Section, during the public hearing notification
period, and sets forth concerns on the design of this
project. Per Fish and Wildlife, the design of the
subdivision and the proposed improvements will cause
environmental damage or substantial and avoidable injury to
fish or wildlife and plant communities and their habitat,
since the project site is located in a Significant
Ecological Area (SEA No. 23, Santa Clara River) as adopted
by Los Angeles County. This concern is addressed in the
Final Environmental Impact Report and in the public hearing
minutes of September 18 „ 1990. In response to each of the
significant effects identified in the Final Environmental
Impact Report, changes or alterations have been required
in, or incorporated into, the development proposal which
avoid or substantially lessen the significant environmental
effects identified in the Final Environmental Impact Report.'
SECTION 3. In acting on the prezoning application, the
City Council has considered certain principles and standards, and
finds and determines as follows:
a. That modified conditions warrant a revision in the zoning
plan as it pertains to the subject property;
b. That a need for the proposed zone classification exists
within the area of the subject property;
c. That the subject property is a proper location for the
R -1 -(DP) zone classification;
d. That the requested prezone at the subject property will be
in the interest of public health, safety and general
welfare, and in conformity with good zoning practice;'
e. That prezoning the subject property will not result in a
need for greater water supply for adequate fire protection.
SECTION 4. Based upon the foregoing, the City Council does
hereby ordain that the application for prezoning is approved, and
that the official zoning map of the City of Santa Clarita is hereby
amended so that the subject property is prezoned R -1 -(DP), as shown
on the attached map (Exhibit 1). The City Council does further
hereby approve Annexation/Development Agreement 89-01 as part of
this ordinance.
SECTION 5. This ordinance shall become effective at 12:01
a.m. on the thirty-first day after adoption, or upon the effective
date of the annexation (Annexation No. 1988-02) of the subject
property to the City of Santa'Clarita, or recordation of a notice of
agreement, whichever occurs last.
SECTION 6. The City Clerk shall certify as to the passage
of this Ordinance and cause it to be published in the manner
prescribed,by law;
PASSED AND APPROVED this day of , 1990.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) as
CITY OF SANTA CLARITA)
I, , City Clerk of the City
of Santa Clarita, do hereby certify that the foregoing Ordinance No:'
90-34 was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the day
of 1990. That thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on
the day of 1990, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
.COUNCILMEMBERS:
CITY CLERK
i •'
RESOLUTION NO. 90-192
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA CLARITA CERTIFYING
THE FINAL ENVIRONMENTAL IMPACT REPORT
AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION
FOR PREZONE 88-001, ANNEXATION 1988-02,
AND ANNEXATION -DEVELOPMENT AGREEMENT 89-01
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The City Council does hereby find and determine as follows:
a. An Environmental Impact Report (EIR) has been prepared for the
proposed project pursuant to the requirements of the California
Environmental Quality Act (CEQA), Public Resource Cose Section 21000
et seq. '
b. The Environmental Impact Report has been circulated for public review
and comment by affected governmental agencies, and all comments
received have been considered. The •45 -day review period was from
May 29, 1990, to July 13, 1990.
C. A duly noticed public hearing was held by the Planning Commission on
June 5, 1990, to accept public testimony on the draft Environmental
Impact Report. A second duly noticed public hearing, on the final
EIR was held on September 18, 1990, and a, decision reached on
October 2, 1990. All hearings were held at 6:30 p.m. in the City
Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California.
d. A duly noticed public hearing was held by the City Council on
November 13, 1990, at 6;30 p.m. in the City Council Chambers,
23920 Valencia.Boulevard, Santa Clarita, California.
SECTION 2. The Final Environmental Impact Report addressed nine
environmental issue areas, determined their potential impacts, and identified
appropriate mitigation measures as follows:
a. LIQUEFACTION. The northern portion of the project site is located
within a liquefaction zone. The applicant shall incorporate
over -excavation on affected lots, and install reinforced concrete
post -tension slabs.
b. FLOOD HAZARD. Portions of the site are located within the identified
Santa Clara River and Oak Springs Canyon Wash floodways and are
subject to intermittent flooding. The applicant shall construct
rip -rap levees along the southern bank of ,the Santa Clara River and
along Oak Springs Canyon Wash to eliminate existing flood hazards.
C. NOISE. The site is traversed by railroad tracks and a number of lots
are subject to unmitigated noise levels in excess of 65 CNEL:f The
applicant shall install berms and sound walls which will reduce the
exterior levels to less than 65 dB. Interior noise levels will be
reduced to less than 45 dB using standard construction practices for
residential noise attenuation.
d. 'BIOTA. Development of the site will require the removal of 153
native oak trees and the loss of 163 acres of vegetated watershed.
The project could affect the Unarmored Three-spined Stickleback fish,
an identified endangered species, habitats for which are located both.
up- and downstream of the project site. The applicant will be
required to replace theremovedoak trees and revegetate portions of
the river. The applicant must also obtain a 404 from the U.S. Army
Corps of Engineers, and a 1603 Permit from the California Department
of Fish and Game.
e. AESTHETICS. The project will alter existing viewsheds from public
rights-of-way and will change the rural character of the area. The
applicant shall install berms and landscaping to reduce visual
.impacts.
f. TRAFFIC/ACCESS. Development of the project could impact existing
intersections. The applicant shall construct an access which
traverses the river and the railroad tracks, which acceptable
capacities at existing intersections.
g. EDUCATION. The project will overburden existing schools. The
applicant is required to secure.'a school impact agreement to provide
future education facilities.
h. AIR QUALITY. The project may not comply with Air Quality Management
District (AQMD) requirements. The applicant shall implement all
standard AQMD construction and emission reduction standards.
i. PUBLIC SERVICES AND UTILITIES. The development will require
incremental expansion of public and semi' -public facilities. No
mitigations are proposed as all utilities can meet the increased
demand of the project
SECTION 3. The City,of Santa Clarita City Council has reviewed and
considered the environmental information contained in the Final Environmental
Impact Report prepared for this project, has determined that it is in
compliance with the provisions of the California Environmental Quality Act
and, based upon the findings set forth above, does hereby certify the Final
Environmental Impact Report for Prezone 88-001, Annexation 1988-02 and
Development Agreement 89-001. The City Council further finds that any
unavoidable environmental impacts of the project are acceptable when balanced
against the benefits of the project, and hereby adopts a Statement of
Overriding Consideration, pursuant to Section 15093 of CEQA. This finding is
made subject to Section 15091 and is.based upon the following factors and.
public benefits identified in the Final EIR and record of proceedings flowing
from the project.
a. The construction of the -project will create a secondary access to
properties totaling in excess of 600 acres. This access will provide
all-weather ingress/egress not currently available to residents of
the oak Springs Canyon area, creating significant public health,
safety and welfare benefits to the community for both existing and
future residents.
b. Development of the site benefits the general area by the installation
of flood control improvements which shall stabilize the natural
drainage courses of the Santa Clara River and Oak Springs Canyon
Wash, shall reduce the amount of acreage subject to intermittent
flooding, and shall protect existing residential properties and
infrastrucure in the area from flood hazards. Improvements required
of the project include the construction of a levee along the Santa
Clara River, channelization of Oak Springs Canyon Wash, and
construction of on-site storm drain facilities to carry storm -flow
from the project area to the Santa Clara River.
C. Development of the site will provide a link to the citywide master
planned trail network, thereby creating additional regional
recreation opportunities for exisitng and future residents.
e. Development of thesitewill provide the community with water and
sewer infrastructure that will serve present and future residents of
the area.
f. Construction of the project will create new housing opportunities for
families in the Santa Clarita Valley.
g. Annexation of the site will benefit the City of Santa Clarita by
extending local regulation and control into the area.
SECTION 4. The project site contains mineral resources (construction
aggregate) as determined by the State Geologist pursuant to the provisions of
the State Mining and Reclamation Act (SMARA), Section 2760 etseq of the Public
Resources Code. While findings for this project are not required per SMARA,
the City Council has considered the statewide and regional significance and
value of the mineral resources potentially impacted by the approval and
construction of this project. Based upon this consideration, the City Council
hereby declares that the project will not significantly impact the
availability of construction aggregate resource for the following reasons:
a. The mineral resources present on the project site (a portion of
Sector A-12 of the SMARA map for the area) are not currently being
mined, nor has mining been proposed, nor is .future mining of the
resource anticipated.
b. Existing residential development in the immediate vicinity of the
resource.area represents a long-term land use which is incompatible
with mining operations. Effectively, mining of these resources has
been previously precluded by land use decisions and entitlements
granted under the jurisdiction of.the County of Los Angeles.
C. The amount of available -construction aggregate identified on the
project site is less than four percent (4%) of all such resources so
designated on the Mineral Resource Zone (MRZ) map for this area.
(SMARA Designation Map No. 85-3, Saugus -Newhall -Palmdale, Plate 3.)
Additionally, in the context of the identified availability of this
resource elsewhere in the Santa Clarita Valley (and the nearby
Antelope Valley), this incremental loss of construction aggregate is
considered to have no statewide or regional significance and is
negligible.
SECTION 5. The City Clerk shall certify as to the passage of this
and adoption of this Resolution.
PASSED AND APPROVED this day of 1990.
MAYOR
ATTEST:
CITY CLERK
I 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 day of , 1990 by the following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
FLF/183
VICINITY MAP
C A S E N 0. VTTM 34466
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PROJECT PROXIMITY MAP
CASE N0- VTTrfl 34466
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Recording Requested By
and When Recorded Return to:
CITY CLERIC
CITY OF SANTA CLARITA
23920 Valencia Boulevard
Suite 300
Santa Clarita, California 91355
ANNEXATION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA CLARITA
AND AMERICAN BEAUTY HOMES, INC.
RELATIVE TO THE DEVELOPMENT OF
OAK SPRINGS ESTATES
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO
PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE 565868.5
•
ANNEXATION AND DEVELOPMENT AGREEMENT
This Annexation and Development Agreement (the "Agreement") is made
this day of , 1990, by and between the City of Santa.
Clarita, a municipal corporation, organized and existing under the general
laws of the State of California (the "City"), and American Beauty Homes, Inc
a California corporation and FN Projects, Inc.,'a California corporation
(collectively the "Developer")'.
RECITALS
A. The City is authorized pursuant to Government Code Sections 65864
through 65869.5 (the "Government Code") to enter into binding agreements with
persons or entities having legal or equitable interest in real property for
the development of such property in order to establish certainty in the
development process. The City further enters into this Agreement pursuant to
Part 4 of Chapter 22.16 of the Santa Clarita Municipal Code (the "Santa
Clarita Code").
B. The Developer is the owner of or has equitable interest in
certain real property located in the County of Los Angeles, California, as
shown in Exhibit A to this Agreement, which real property is the subject
matter of this Agreement (the "Project Site"). The legal description for the
Project Site is set forth in Exhibit B to this Agreement. The Project Site
consists of approximately 187 acres and is generally located in an
unincorporated area of the County and within the southwest portion of the
City's planning area.
C. The Parties desire to enter into this Agreement relating to the
Project Site in conformance with the Government Code and the Santa Clarita
Code in order to achieve the development of the Project as expressly permitted
under the terms of this Agreement and the provision of public services, public
uses, and urban infrastructure, all in the promotion of the health, safety,
and general welfare of the City of Santa Clarita and the residents of the
Santa Clarita Valley.
D. The Developer has applied for the following entitlements.
(collectively referred to as the "Project Approvals"):
(1) Vesting Tentative Tract Map No. 34466 (the "Tract Map").
(2) Oak Tree Permit No. 89-062.
(3) Zone Change, Prezone No. 88-01.
(4) Annexation No. 88-02.
(5) Development Agreement No. 89-01.
(6) Conditional Use -Permit No. 89-023.
The development proposed by the Developer for the Project Site will consist of
300 single family homes and related amenities (the "Project").
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E. On October 2, 1990, following the public hearing conducted on
September 18, 1990, the Planning Commission of the City adopted its Resolution
No. P 90-47 approving the Tentative Tract Map, Oak Tree Permit, and
Conditional Use Permit, and recommending that the City Council prezone the
Project Site to the R -1 -DP Zone, and considered the Final Environment Impact
Report for this Project. On September 18, 1990, the Planning Commission of
the City, held a public hearing on the Developer's application for the
Agreement.
F. On, following a public hearing conducted
on , the City Council of the City adopted Ordinance No. 90
approving the prezoning of the Project Site to the R -1 -DP Zone.
On , 1990, the City Council of the City held a public hearing on
the Developer's application for this Agreement and, on 1990,
the City Council of the City adopted Ordinance No. approving the
Agreement with the Developer.
G. The City desires to obtain the agreement of the Developer for the
development of the Project Site in accordance with the provisions of this
Agreement and the approved Project.
H. The Developer desires to obtain the agreement of the city that
the City will permit the Developer to develop the Project Site in accordance
with the "Applicable Rules" (as.hereinafter defined), including any
modifications permitted by this Agreement. The Developer further desires that
it not be required to construct public improvements or make dedications or
financial contributions to the City in lieu of public improvements, except as
expressly set forth in this Agreement and the conditions of the Project
Approvals.
I. Developer has applied to the City pursuant to the Santa Clarita
Code for approval of this Agreement providing for the agreements desired by
the Parties to this Agreement. The City Council of the City has given notice
of intention to consider this Agreement, has conducted public hearings thereon
pursuant to the Government Code and the Santa Clarita Code, and has found that
the provisions of this Agreement are consistent with the City's adopted plans
and policies'and the "Zoning Ordinance" (as hereinafter defined). The City,
as a newly incorporated municipal corporation, has not yet adopted a general
plan. The City is in the process of preparing, reviewing, and considering a
general plan as required by California Government Section 65300, et seq. In
prezoning the Project Site and approving the Project, the City Council and the
Planning Commission found, pursuant to the provisions of the California
Government Code, as follows:
(a) There is a reasonable probability that the Project will be
consistent with the City's proposed general plan under study at the
present time; and
(b) There is little or no probability of substantial detriment to,
or interference with, a future adopted general plan if the Project is
ultimately inconsistent with the proposed general plan.
J. The terms and conditions of this Agreement have been found by the
City to be fair, just, and reasonable, and prompted by the necessities of the
situation so as to provide extraordinary benefits to the City.
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K. This Agreement is consistent with the present public health,
safety, and welfare needs of the residents of the City of Santa Clarita and
the surrounding region. The City has specifically considered and approved the
impact'and benefits of this Project upon the regional welfare.
L. This Agreement will bind future City Councils to the terms and
obligations specified in this Agreement and.limit, to the degree specified in
this Agreement and under State law, the future exercise of the City's ability
to preclude development of the Project on the Project Site.
M. Final Environmental Impact Report has been prepared and certified
in conjunction with the consideration of this Agreement in accordance with the.
applicable statutes, ordinances, and regulations of the State of California
and of the City of Santa Clarita.
N. This Agreement will eliminate uncertainty in planning and provide
for the orderly development of the Project Site, eliminate uncertainty about
the validity of exactions imposed by the City, allow installation of necessary.
improvements, provide for public services appropriate to the development of.
the Project Site, and generally serve the public interest within the City of
Santa Clarita and in the surrounding region.
AGREEMENT
NOW, THEREFORE, with reference to,the above Recitals, and in
consideration of the mutual covenants and agreements contained in this
Agreement, the City and the Developer agree as follows:
•1. Definitions. In this Agreement, unless the context otherwise
requires:
(a) "Applicable Rules" means the rules, regulations, and
official policies of the City in force as of the "Effective Date" (as
hereinafter defined), governing development,density, permitted uses,
growth management, environmental consideration, and design criteria
applicable to the Project; provided, however, that the term
"Applicable Rules" shall include any improvement and construction
standards and specifications,.including, without limitation, building
codes or grading requirements in effect at the time the Developer
seeks building permits or grading permits for any part, or all, of
the Project Site.
(b) "Discretionary Actions; Discretionary Approval"•is an action
which requires the exercise of judgment, deliberation, or a decision,
and which contemplates and authorizes the imposition of revisions or
conditions, by the City, in the process of approving or disapproving
a particular activity, as distinguished from an activity which merely
requires the City, including any board, commission, or department of
the City and any officer or employee of the City, to determine
whether there has been compliance with applicable statutes,
ordinances, regulations, or conditions of approval.
(c) "Effective Date" is the date this Agreement is executed by
all Parties. In the event this Agreement is executed by the Parties
on different dates, the date the last Party to execute this Agreement
executes shall constitute the Effective Date.
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(d) "Final Map" is the Final Subdivision Map that is recorded
following the satisfaction of the conditions imposed upon the
approval of the Tract Map.
(e) "Public Improvements" means those public improvements that
the Developer agrees to construct and dedicate to the City, or that
the City or such other public entity as the City shall lawfully
designate, may acquire, construct, equip, install, operate, or
maintain, including, by way of example, but not limitation, (i)
those improvements, the provision of which are conditions to the
Project Approvals, and (ii) the acquisition, dedication, and
construction of easements and facilities described in Section 6 of
this Agreement.
(f) "Subsequent Applicable Rules" means the rules, regulations,.
and official policies of the City, as they may be adopted and
effective after the Effective Date of this Agreement, governing
development, density, permitted uses, growth management,
environmental consideration, and design criteria applicable to the
Project Site to the extent specified in paragraph (a) of Section 7 of
this Agreement.
(g) "Zoning Ordinance" is the zoning Ordinance for the City of
Santa Clarita (Title 22 of the Santa Clarita Municipal Code).
2. Interest of Developer. The Developer represents to the City
that, as of the Effective Date, it owns the Project Site in fee, subject to
encumbrances, easements, covenants, conditions, restrictions, and other.
matters of record, or has an equitable interest in the Project Site.
3.. Binding Effect. This Agreement, and all of the terms and
conditions of this Agreement, shall run with the land comprising the Project
Site and shall be binding upon and inure to the benefit of the parties and
their respective assigns, heirs, or other successors in interest.
4. Negation of Agency. The Parties acknowledge that, in entering
into and performing this Agreement, each is acting as an independententity
and not as an agent of the other in any respect. Nothing contained herein or
in any document executed in connection herewith shall be construed as making
the City and Developer joint venturers or partners.
5. Development of the Property. The following specific restrictions
-
shall govern the use and development of the Project Site:
(a) 'Permitted Uses" The Project Site may only be used for the
development of no more than 300 detached, single family residences.
and related amenities.
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0 0
(b) *Development Standards' The permitted uses of the Project
Site,: the density and intensity of use, the location of uses, the
maximum height and size of proposed buildings, provisions for.
reservation or dedication of land for public purposes and location of
public improvements, and other terms and conditions of development
applicable to the Project Site shall be (i) those set forth in the
Project Approvals, as approved and as may be amended, and (ii) the
Applicable Rules.
6. Agreement and Assurance on the Part of the Developer. The
Parties acknowledge.and agree that the development of the Project Site will
result in substantial public needs and further acknowledge and agree that this
Agreement confers unique benefits on the Developer which can only be balanced
by the provision of the extraordinary public benefits. The Parties intend by
this Agreement to provide consideration to the public to balance the private
benefits.conferred on Developer by providing for the satisfaction of certain
direct and indirect public needs resulting from or relating to the development
of the Project Site, and to provide public assurance that this Agreement is
fair, just, and reasonable, and prompted.by the necessities of the situation
so as to provide extraordinary benefits to the City. As further consideration
for the Agreement, Developer acknowledges that this consideration is
reasonably related.to the type and extent of the impacts of the development of
the Project Site upon the community, and further acknowledges that this
consideration is necessary to address the direct and indirect impacts caused
by the development of the Project Site. In consideration of the foregoing,
and in consideration of the City's assurances for the Developer's rights to
complete the development of the Project Site pursuant to.the terms and.
conditions of this Agreement, Developer hereby agrees as follows:
(a) Annexation. The Developer will consent to, and will not
protest or contest, the annexation of the Project Site to.the City of
Santa Clarita.
(b) Development of the Project Site. Developer will use
reasonable efforts, in accordance with its conditions and other
economic factors influencing the Developer's business decision to
commence or to continue development, to develop the Project Site in
accordance with the -terms and conditions of this Agreement, with the
conditions established in the Project Approvals and with the
Applicable Rules.
The City acknowledges that the Developer cannot .at this time predict
when, or the rate at which, the Project will be developed. Such
decisions depend upon numerous factors which are not within the
control of the Developer, such as market orientation and demand,
interest rates, absorption, completion,.and other similar factors.
Because the California Supreme Court held in Pardee Construction
Company v. City of Camarillo (1984) 37 Cal.3rd.465 that the failure
of the parties therein to provide for the timing of development
resulted in a later adopted initiative restricting the timing of
development to prevail over such Parties' agreement, it is the
Parties' intent to avoid the effects of this decision. The City
acknowledges and agrees that the Developer shall have the right to
develop the Project in such order and at such rate, and at such times
as the Developer deems appropriate within the exercise of its
subjective business judgment, subject only to any timing or phasing.
requirements set forth in the Applicable Rules and Project Approvals.
In addition to, and not in limitation of, the foregoing, it is the
intent of the Developer and the City that no moratorium or other
limitations including initiatives (whether relating to the rate,
timing, or sequencing of the development of construction of all or '
any part of the Project whether imposed by ordinance, resolution, or
otherwise, and whether enacted by the City Council or any agency of
the City or otherwise) affecting parcel or subdivision maps (whether
tentative, vesting tentative, or final), building permits,
certificates of occupancy, or other entitlements to use or service
(including, without limitation, water.and sewer) approved, issued, or
granted within the City, or portions of the City, shall apply to the
Project to the extent such moratorium or other limitations including
initiatives is in conflict with this Agreement.
(c) School Fees. Developer covenants and agrees that prior to
recordation of any Final Maps on the Project Site, the Developer will
pay, or enter into binding agreements with Hart and Sulphur Springs
School Districts to pay all school fees adopted by each affected
school district and applicable to the development of the Project Site.
(d) Easements. Prior to recordation of any Final Map(s) on the
Project Site, Developer shall acquire and grant to the -City the
public street easements and public utility easements set forth in the
Tract Map, the terms and conditions therein, and the conditions of
the Project Approvals, and the public street easements which would be
reasonably necessary to facilitate the construction of the
infrastructure items set forth in Paragraph (e) of this Section 6.
(e) Infrastructure. Prior to recordation of any Final Map(s) on
the Project Site, Developer shall construct, install, complete, or
enter into a binding agreement for the installation, construction,
and completion of the public improvements set forth in the Project.
Approvals and the conditions of approval thereto, including, but not
limited to:
o An access road from Soledad Canyon Road through the Project Site
to the southerly tract boundary of the Project Site:
o A protective levee along the south side of the above access road
for the length of such road as that road runs generally parallel
to the Santa Clara River bed.
o An undercrossing of the Southern Pacific Transportation Company's
railroad right-of-way.
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o A bridge over the Santa Clara River (the 'Oak Springs Bridge") ,
The Developer's obligation to construct the Oak Springs Bridge
shall be deemed a contribution in lieu of the payment of the
Route 126 Bridge and Major Thoroughfare Construction Fee and the.
Developer's obligation to pay such fee shall be reduced in an
amount equal to the Developer's actual cost in the design and
construction of the Oak Springs Bridge and acquisition of
necessary right of way; and in the event the Developer's costs
exceed the Route 126 Bridge and Major Thoroughfare Construction
Fee, as determined on the date the final tract map is recorded,
then the Developer shall be relieved of the obligation of paying
said fee.
o A protective levee along the south side of the bridge and 100
feet on each side of the bridge alongside the Santa Clara River
bed.
o Pave Oak Springs Canyon Road from Lost Canyon Road to the
westerly property line of Tract 47803 subject to the necessary
easements being provided by affected homeowners adjacent to Oak
Springs Canyon Road.
o Extending water line main within Oak Springs Canyon Road from
Lost Canyon Road to the road terminus a distance of approximately
1-3/4 miles and along White Water Canyon Road, Gracetoh Road and
Pashley Street, subject to the necessary easements being provided
by affected homeowners.
(f) Sever Fees. Prior to recordation of any Final Map(s) on the
Project Site, the Developer shall contribute to the capital.
improvement fund of the County Sanitation District (the "Sanitary
District"), for use in future expansion of the Sanitary District's
Sewer Treatment facility, a sum equal to the difference between the
sewer connection fees applicable on the Effective Date of this
Agreement and any increased sewer connection fees -applicable at the
time that a building permit is issued for the development of a lot or
lots on the Project Site.
7. Agreement and Assurances on the Part of the City. In order to
effectuate the provisions of this Agreement, and as an inducement for the
Developer to obligate itself to carry out the covenants and conditions set
forth in the preceding Section 6 of this Agreement, and in consideration for
the Developer doing so, the City hereby agrees and assures Developer that
Developer will be permitted to carry out and complete the development -of this.
Project Site, subject to the terms and conditions of the Agreement, the
conditions of the Project Approvals, and the Applicable Rules. In furtherance
of such agreement and assurances, and pursuant to the authority and provisions.
set forth in the Government Code and the Santa Clarita Code, the City, in
entering into this Agreement, hereby agrees and acknowledges that:
(a) Entitlement to Develop. The Developer has acquired, and been
granted the vested right to develop the Project Site to the extent
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and in the manner provided in this Agreement, subject to the
conditions of the Project Approvals and in accordance with the '
Applicable Rules and Subsequent Applicable Rules,- and City hereby ;
finds the Project consistent with the City's adopted plans and
policies and the Zoning Ordinance. Any change in the Applicable
Rules, including, without limitation,,any change in any applicable
general or specific plan, Zoning Ordinance, growth management; or any
subdivision regulation of the City, adopted or becoming effective
after the Effective Date, shall not be applied by the City to the
Project Site unless the City finds that failure to make such changes
would place residents of the City in a condition substantially
dangerous to their health or safety. Any Subsequent Applicable Rule
can be applied to the Project Site only if the City determines that
the failure of the City to apply Subsequent Applicable Rules will
place residents of the City in a condition substantially dangerous to
their health or safety, which condition cannot otherwise be mitigated
in a reasonable manner, as determined by the Council in its sole
discretion.
(b) Consistency Qith Applicable Rules. City finds, based upon.
all information made available to City prior to or concurrently with
the execution of this Agreement, that there are no Applicable Rules.
that would prohibit or prevent the full completion and occupancy of
the development of the Project Site in accordance with uses and
densities incorporated and agreed to in this Agreement.
(c) Subsequent Discretionary Actions. Aith respect to any
Discretionary Action or Discretionary Approval that is required
subsequent to the execution of this Agreement, the City agrees that
it will not condition or delay any such Discretionary Action or
Discretionary Approval which must be issued by the City in order for
the development of the Project Site to proceed to construction and
occupancy. In addition, no condition shall preclude or otherwise
limit the Developer's ability to develop the Project Site in
accordance with the density and intensity of use set forth in this
Agreement, unless the City determines that the failure to the City to
impose such condition would place residents of the City in a
condition substantially dangerous to their health or safety, which
condition cannot otherwise be mitigated in a reasonable manner, as
determined by the Council in its sole discretion.
(d) Term of Tentative Map. Pursuant to California Government
Code Section 66452.6(a), the term of the Tract Map and Conditional
Use Permit shall be extended for:any reasonable period of.time, up to
and including the scheduled Termination Date of this Agreement as set
forth in Section 10 below, upon application by Developer. ,
(e) Cooperation and Implementation. The City agrees that it
will cooperate with Developer to the fullest extent reasonable and
feasible to implement this Agreement. Upon satisfactory completion
by Developer of,all required preliminary actions and payments of
appropriate fees, the City will commence and in a timely manner
proceed to complete all steps necessary for the implementation of
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this Agreement and the development of the Project Site in accordance
with the terms of this Agreement, including, but not limited to, the
processing and checking of any and all Project Approvals, agreements,
covenants, applications, and related matters required under the -
conditions of this Agreement, building plans and specifications and
any -other plans necessary for the development of the Project Site,
filed by Developer and the issuance of all necessary building
permits, occupancy certificates, or other required permits for the
construction, use, and occupancy of the Project Site. Developer
will, in a.timely manner, provide the City with all documents, plans,
and other information necessary for the City to carry out its
obligations under this Agreement.
S. Review of Compliance
(a) Periodic Review. The City shall review this Agreement
annually, on or before the anniversary of the Effective Date,sin
accordance with the procedures and standards set forth in this
Agreement and in the Santa Clarita Code in order to ascertain
compliance by the Developer with the terms of this Agreement.
(b) Special Review. The City Council of the City may order a
special review of compliance with this Agreement at any time. The
Community Development Director or the City Council, as determined
from time to time by the City. Council, shall conduct such special
reviews.
(c) Procedure. During either a periodic review or a special
review, the Developer shall be required to demonstrate good faith
compliance with the terms of this Agreement. The burden of proof .on
this issue shall be on the Developer. The Parties acknowledge that
failure by the Developer to demonstrate good faith compliance shall
constitute grounds for termination or modification of this Agreement
in accordance with the provisions of this Agreement., Upon completion
of a periodic review or a special review, the Community Development
Director shall submit a report to the City Council setting forth the
evidence concerning good faith compliance by the Developer with the
terms of this Agreement and recommended finding on that issue. All
compliance review shall be conducted pursuant to the provisions of
Sections 22.16.460, 22.16:470,.and 22.16.480 of the Santa Clarita
Code.
If, on the basis of her review of this Agreement, the Community
Development Director concludes that the Developer has not complied in
goodfaithwith the terms of this Agreement, then theCommunity
Development Director may issue a written "Notice of Non-compliance"
specifying the grounds therefore and all facts demonstrating such
Non-compliance. The Developer's failure to cure the alleged.
Non-compliance for a period of thirty (30) days after receipt of said
notice, shall constitute a default under this Agreement, subject to
extensions of time by mutual consent in writing. If the nature of
the alleged Non-compliance is such that it cannot reasonably be cured
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• 0
within such thirty (30) day period, the -commencement of the cure
within such time period and a diligent prosecution to completion of
the cure shall be deemed a cure within such period. Subject to the
foregoing, after notice and expiration of the thirty (30) day period
without cure, the City may pursue any remedy available under this
Agreement.
(d) Proceedings Upon Modification or Termination. If the City
determines to proceed with modification or termination of this
Agreement after completing the reviews specified in Sections
22.16.460, 22.16.470, and 22.16.480 of the Santa Clarita Code, the
City shall give written notice to the Developer of its intention to
modify or terminate this Agreement. Notice shall be given at least,
sixty (60) calendar days before the scheduled hearing and shall
contain such information as may be reasonably necessary to inform the
Developer of the nature of the proceeding. At the time and place set
for the hearing on modification or termination, the Developer shall
be given an opportunity to be heard. The Developer shall be required
to demonstrate good faith compliance with the terms and conditions of
this Agreement. The burden of proof on the issue shall be on the
Developer. If the City Council finds, based upon substantial
evidence, that the Developer has not complied in good faith with the
terms or conditions of this Agreement, the City Council may terminate
this Agreement or modify this Agreement and impose such agreements as
are reasonably necessary to protect the interests of the City. The
decision of the City Council shall be final and subject to judicial
review pursuant to Code of Civil Procedure Section 1094.5.
9. Modification, Amendment, or Cancellation. Subject to meeting the
notice and hearing requirements of Section 65867 of the Government Code.and
the applicable provisions of the Santa Clarita Code, this Agreement may be
modified or amended from time to time by mutual consent of the parties with
its successors in interest in accordance with the provisions of Section 65868
of the Government Code and the Santa Clarita Code.
10. Term of Agreement. This Agreement shall become.operative upon
the annexation of the Project Site to the City; provided, however, the Project
Site is annexed to the City prior to September 1, 1991, or as otherwise
mutually agreed to by the Parties hereto. If the Project Site is not annexed
prior to the time specified herein, this Agreement shall be null and void.,
This Agreement shall commence upon the Effective Date and shall remain in
effect for a term of twelve (12) years, unless said term is terminated,
modified, or extended by circumstances set forth in this Agreement, or by
mutual consent of the Parties hereto. Following the expiration of said term,
this Agreement shall be deemed terminated and of no further force and effect;
provided, such termination shall not automatically affect any right arising
from City approvals on the Project Site prior to, concurrently with, or
subsequent to the Effective Date of this Agreement; and provided further, that
such termination shall not automatically affect any right the City may have by
reason of the Developer's covenants to dedicate land or provide public
improvements in conjunction with any portion of the Project Site which is
under construction at the time of the termination.
DOC
In addition to specific provisions of this Agreement, performance
by either Party hereundershallnot be deemed to be in default where delays or
failures to perform are due to -war, insurrection, strikes, lock -outs, riots,
floods, earthquakes, the discovery and resolution of hazardous waste or
significant geologic, hydrologic, archaeologic or paleontologic problems on
the Project Site, fires, casualties, acts of God, governmental restrictions
imposed or mandated by other governmental entities, enactment of conflicting
state or federal statutes or regulations, judicial decisions, or any similar
basis for excuse performance which is not within the reasonable control of the
Party to be excused. If any such events shall occur, the term of this
Agreement, and the time for performance by either Party of any of its
obligations hereunder shall be extended for the period of time that such
events prevented such performance.
11. Remedies for Default. It is acknowledged by the Parties that the
City would not have entered into this Agreement if it were to have unlimited
liability and damages under this Agreement, or with respect to this Agreement,
or the application thereof. The Parties agree and recognize that, as a
practical matter, it will not be possible physically, financially, and as a
matter of land use planning, to restore the Project Site to its prior state
once the construction is commenced. Moreover, Developer has invested a
considerable amount of time and financial resources in planning to arrive at
the time, location, and intensity of use, improvements, and structure for the
development of the Project Site. For these reasons, the Parties agree that it
will not be possible to determine an amount of monetary damages which would
adequately compensate the Developer for this work. Therefore, the Parties
agree that monetary damages will not be an adequate remedy for Developer if .
the City fails to.carry out its obligations under this Agreement. The Parties
further agree that the Developer's remedies under this Agreement shall be
limited to the right to specifically enforce the terms of this Agreement.
The City's remedies under this Agreement shall also be limited to the
right to specifically enforce the terms of this Agreement. In addition to
specific performance, if the Developer fails to make any payment or complete
any other act or performance specified in this Agreement, the Developer shall
have no further right or entitlement to any building permit or certificate of
occupancy for any portion of the Project Site until the default has been cured
as provided in this Agreement. The Parties recognize that this section may
result in the limitation or cessation of the rights otherwise conferred by
this Agreement upon the Developer, including any of the Developer's
successors, assigns, transferees, or other persons or entities acquiring title
to or who are interested in the Project, or any portion thereof.
12. Assignment. The rights of the Developer under this Agreement may
be transferred or assigned in whole or in part by the Developer only upon
prior written approval of the City which shall not be unreasonably withheld or
delayed. Express assumption of any of the Developer's obligations under this
Agreement by any such assignee shall relieve the Developer from such
obligation.
13. Notices. All notices under this Agreement shall be in writing
and shall be effective when personally delivered or upon receipt after deposit
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in the United States mail as registered or certified mail, postage prepaid,
return receipt requested, to the following representatives of the parties at
the addresses indicated below:
If to City: City of Santa Clarita
23920 Valencia Boulevard
Suite 300
Santa Clarita, CA 91355.
Attention: City Manager
With a copy to: Carl K. Newton, City Attorney
C/o Burke, Williams & Sorensen
624 South Grand Avenue,
11th Floor
Los Angeles, California 90017
If to Developer: American Beauty Homes
C/o Greg Medeiros
16830 Ventura Boulevard
Suite 600
Encino, CA 91436
FN Projects, Inc.
C/o Don. Sarno
9800 South Sepulveda Boulevard
Suite 202
Los Angeles, CA 90045
With a copy to: Cox, Castle & Nicholson
Ronald I. Silverman, Esq.
2049 Century Park East
28th Floor
Los Angeles, CA 90067
14. Severability and Termination. If any provision of this Agreement
should be determined by a court to be invalid or unenforceable,,or if any '
provision of this Agreement is superseded or rendered unenforceable according
to any law which becomes effective after the Effective Date, the remainder of
this Agreement shall not be affected to the extent the remaining provisions
are not rendered impractical to perform, taking into consideration the
purposes of this Agreement.
15. Time of Essence. Time is of the essence for each provision of
this Agreement of which time is an element.
16. Amendment or Cancellation. Subject to meeting the notice and
hearing requirements of Section 65867 of the Government Code, this Agreement'
may amended from time to time, or cancelled in whole or in part, by mutual
consent of the Parties or their successors in interest in accordance with the
provisions of Section 65868 of the Government Code; provided, however, that
any amendment which does not relate to the term, permitted uses, density or
intensity of use, height or size of buildings,. provisions for reservation and
dedication of land, conditions, terms, restrictions and requirements relating
to subsequent Discretionary Actions, or any conditions.or covenants relating
to the use of the Project Site, shall not require notice or public hearing
before the Parties may execute an amendment hereto.
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17. Vaiver. No waiver of any .provision of this Agreement shall be
effective unless in _writing and signed by a duly authorized representative of
the Party against whom enforcement of a waiver is sought and referring
expressly to this Section. No waiver of any right or remedy in respect of any
occurrence or event shall be deemed a waiver of any occurrence or event shall
be deemed a waiver of any right or remedy in respect of any other occurrence
or event.
18. Successors and Assigns. The provisionsofthis Agreement shall
be binding upon and inure to the benefit of the Parties, and subsequent owner
of all or any portion of.the Project Site and their respective successors and
assigns. Any successors in interest to the City shall be subject to the.
provisions set forth in Sections 65865.4 and 65868.5 of the Government Code.
19. Interpretation and Governing State Lay. This Agreement and any
dispute arising hereunder shall be governed and interpreted in accordance with
the laws of the State of California. This Agreement shall be construed as a
whole according to its fair language and common meaning to achieve the
objectives and purposes of the Parties hereto, and the rule of construction, to
the effect that ambiguities are to be resolved against the drafting Party .
shall not be employed in interpreting this Agreement, both Parties having been
represented by counsel in the.negotiation and preparation hereof.
20. Constructive Notice and Acceptance. Every person who, now or
hereafter, owns or acquires any right, title or interest in or to -any portion
of the Project Site is, and shall be, conclusively deemed to have consented
and agreed to every provision contained herein, whether or not any reference
to this Agreement is contained in the instrument by which such person acquired
an interest in the Project Site.
21. No Third Party Beneficiaries. This .Agreement is.made and entered
into for the sole protection and benefit of the Parties and their successors
and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
22. Attorney's Fees. If either Party commences any action for the
interpretation, enforcement, termination, cancellation or rescission hereof,
or for specific performance for the breach hereof, the prevailing Party shall
be entitled to its reasonable attorneys' fees and costs.
23. Counterparts. This Agreement may'be executed in two or more
identical counterparts, each of which shall be deemed to bean original and
each of which shall be deemed to be one and the same instrument when each
Party signs each such counterpart.
24. Incorporation of Attachments. All attachments to this Agreement,
including Exhibits A and B, and all subparts thereto, are incorporated herein
by this reference.
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IN WITNESS WHEREOF, the Parties have each executed this Agreement of
the date first written above.
CITY OF SANTA CLARITA
Dated: 1990 BY
Mayor
AMERICAN BEAUTY HOMES, INC.,
a California corporation
BY:
Name:
Title:
BY:
Name:
Title -
FN PROJECTS, INC.
a California corporation
BY:
Na me:
Title:
BY:
Name:
Title:
(ATTACH INDIVIDUAL ACKNOWLEDGMENTS FOR FEE OWNERS)
ATTEST:
DONNA GRINDEY, CITY CLERK
'i4-19
I HEREBY CERTIFY that the foregoing was duly adopted by the City
Council of the City of Santa Clarita, at a regular meeting thereof, held on
the day of 1990, by the.folloving vote of the
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
DONNA GRINDEY, CITY CLERK
[ATTACH EXHIBITS A AND B]
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FLF/163
r
C�!
EXHIBIT B
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT NAP 34466
CONDITIONAL USE PERMIT 89-023
AND OAK TREE PERMIT 89-062
An 'M' placed after a Condition number dictates that the item is a Mitigation
Measure in the Final Environmental Impact Report.
GENERAL CONDITIONS
1. The approval of this Vesting Tentative Tract Map, Condizhmal Use Permit
and Oak Tree Permit shall expire two years from the date of conditional
approval.
2. The subdivider may file for an extension of the conditionally approved
map prior to the date of expiration for a period of time not to exceed
one year. If such an extension is requested, it must be filed no later
than 60 days prior to expiration.
3. 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 a change in the status of the developer, within 30
days of said change.
4. 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 attack, set aside, void, or annul the
approval of this Subdivision by the City, which action is provided for in
the 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 the following occur: (1) the City
bears its own attorneys' 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 entitlement is approved by the
applicant.
5. Details shown on the Vesting Tentative Tract Map are not necessarily
approved. Any details which are inconsistent with requirements of
ordinances, general conditions of approval, or City policies must be
specifically approved.
6. Easements shall not be granted or recorded within areas proposed to be
granted, dedicated,. or offered for dedication for public streets or
highways, access rights, building restriction rights, or other easements,
until after the final map is filed with the County Recorder. unless such
easements are subordinated to the proposed grant or dedication. If
RESO P90-047
/-49
A
easements are granted after the date of the tentative approval, a
subordination must be executed by the easement holder prior to the filing
of the final map.'
7. The final map shall be prepared by or under the direction of a licensed
land surveyor or registered civil engineer.
8. The,Applicant is hereby advised that this project is subject to fees at
the time of building permit issuance which may include, but not limited
to, the following as applicable. (1) Los Angeles County Residential
Sever Connection Fee; (2) Interim School Facilities Fi.nan.cing Fee; (3)
Installation -or Upgrade of Traffic Signals Fees and/6t$F Improvement
Fees; and (4) Planned Local Drainage Facilities Fee.
9. Upon development, a. stop -work order shall be considered in effect upon
the discovery of any historic artifacts and/or remains, at which time the
City shall be notified.
10. In lieu of establishing the final specific locations of structures on
each lot at this time, the owner, at the time of issuance of a building
permit; agrees to develop the property in conformance with the City Code
and other appropriate ordinances such as the Building Code,..Plumbing
Code, Grading Ordinance, Highway Permit Ordinance,, Mechanical. Code,
Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance,
Oak Tree Ordinance, Sanitary Sever and Industrial Waste Ordinance,
Electrical Code, and Fire Code.. Improvements and other "requirements may
be imposed pursuant to such codes and ordinances.
11. A final tract map must be processed through the City Engineer prior to
being filed with the. County Recorder.
12. A grading permit shall be required for any and all off-site grading to
occur for the purposes of this project.
PUBLIC WORKS - ENGINEERING
Map Requirements
13. The owner, at the time of issuance of permits or other grants of approval
agrees to develop the property in accordance with City Codes and other
appropriate ordinances such as the Building Code, Plumbing Code, Grading
Code, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance,
Undergrounding of Utilities Ordinance, Sanitary Sewer and Industrial
Waste Ordinance, Electrical Code and Fire Code.
14. The applicant shall file a final map which shall be prepared by or under
the direction of a licensed land surveyor or registered civil engineer.
The applicant shall process a final tract or parcel map through the City
Engineer prior to being filed with the County Recorder. The applicant
shall note all offers of dedication by certificate on the face of the
final map.
15. The applicant shall extend lot/parcel lines to the center, of private and
future streets.
RESO P90-047
1,7
16. The applicant shall provide at least 40 feet of frontage at the property
line and approximately radial lot lines for all lots fronting on the
cul-de-sacs or knuckles.
17. 4here applicable, the applicant shall pay fees for signing and striping
of streets as determined by the City Traffic Engineer or shall prepare
signing and striping plans for all multi -lane highways within or abutting
the subdivision to the satisfaction of the Department.
18. The subdivider shall install distribution lines and individual- service
lines for community antenna television service (CATV4__ for all new
development.
19. The applicant shall place above ground utilities. iireq'iiting, but not
limited to, fire hydrants, junction boxes and street lights outside
sidewalk.
20. The applicant shall install mailboxes and posts per City standards.
Secure approval of U.S. Postal Service prior to installation.
21. The applicant shall provide letter(s) of slope easements) and drainage
acceptance as required by the City Engineer or Director of Public Works.
22. The applicant shall obtain approval of the Director of Community
Development and the City Attorney for proposed homeowners association and.
maintenance agreements for slopes and equestrian areas prior to .
recordation of the final map or a phase thereof. -
23. The applicant shall include a disclosure in the CC&R's to comply with the
Geologist's recommendations .in the Geology Report for restrictions on
watering, irrigation, planting and recommend types of plants.
24. Applicant shall construct off-site improvements which are tentatively
required to adequately serve this development. It is the sole
responsibility of the developer to acquire the necessary right-of-way
and/or easements.
a. subdivider shall secure at the subdivider's expense sufficient title
or interest in land to permit any off-site improvements to be made.
b. If the subdivider is unable to acquire sufficient title or interest
to permit the off-site improvements to be made, the subdivider shall
notify the City of this inability not less than six months prior to
approval of the final map.
c. In such case, the City may thereafter acquire sufficient interest in
the land which will permit the off-siteimprovements to be made by
subdivider.
d, subdivider 'shall pay- all of the City's costs of acquiring said
off-site property interests pursuant to Government Code Section
66462.5. subdivider shall pay such costs irrespective.of whether the
final map is recorded or whether a reversion occurs. The cost of
acquisition may include, but is not limited to, acquisition prices,
damages, engineering services, expert fees, title examination,
appraisal costs, acquisition services, relocation assistance services
RESO P90-047
/ted
CO
and payments, legal services and fees, mapping services, document
preparation, expenses and/or damages as provided under Code of Civil
Procedure Sections 1268.510-.620 and overhead.
e. At the time subdivider notifies City as provided in b. herein above,
the subdivider shall simultaneously submit to the City in a form
acceptable to the City all appropriate appraisals, engineering
specifications, legal land descriptions, plans, pleadings and other
documents deemed necessary by City to commence its acquisition
proceedings. Said documents must be submitted to City for
preliminary review and comment at least 30 days prior -,to subdivider's
notice described herein above at.b.
.•Yr::u'.eJi
f. subdivider agrees to deposit with City, within ftxe�ays of request
by City, such sums of money as City estimates to be required for the
costs of acquisition. County may require additional deposits from
time to time.
g. subdivider agrees that City will have satisfied the one hundred and
twenty day limitation, of Government Code Section 66462.5 and the
foregoing conditions relating thereto when it files its. eminent
domain action in superior court *within said time period.
h. subdivider shall not sell any lot/parcel/unit shown on the final map
until City has acquired said sufficient land interest.
i. If the superior court thereafter rules in a final judgment that the
City may not acquire said sufficient land interest, the subdivider
agrees that the City may initiate proceedings for reversion to
acreage.
j. Subdivider shall execute any agreement or agreements mutually
agreeable prior to approval of the final map as may be necessary to
assure compliance with the foregoing conditions.'
k. Failure by the subdivider to notify City, as required by b. herein
above, or simultaneously submit the required and approved documents
specified in e. herein above, or make the deposits specified in f.
herein above shall constitute subdivider's waiver of the requirements
otherwise imposed upon City to acquire necessary interests in land
pursuant 'to Section 66462.5. In such event, subdivider shall meet
all conditions for installing or constructing off-site improvements
notwithstanding Section 66462.5.
25. The applicant shall provide an underpass with a horizontal and vertical
alignment to the satisfaction of the Public Storks Department and the
Traffic Engineer underneath the railroad tracks. The underpass shall
include 10 foot wide equestrian trail, 28 feet of driveable surface (24 &
4) and a 6 foot wide .pedestrian walk. The vertical clearance for the
structure is to be 14.5 feet for the roadway and 13 feet for the
equestrian trail.
26. The applicant. shall align the centerlines of all local streets without
creating jogs of less than 150 feet. A one -foot jog may be used where a
street changes width from 60 feet to a 58 foot right-of-way.
RESO P90-047
/-9
C• . a
27. The applicant shall construct drainage. improvements and offer easements
needed for street drainage or slopes.
28. The applicant shall provide and install street name signs prior to
occupancy of building(s).
29. Whenever there is an offer of Private and Future Right -of -Way, the
applicant shall provide a Drainage Statement/Letter.
30. Rolled curb shall not be acceptable on private and future streets.
31. The applicant shall dedicate vehicular access rights:,on B Street, A
Street and C Street except for Lot 1, 75 through 81, 9pY_ 9k- 108, 109 and
.110.
32. The applicant shall dedicate and construct ,the following required road
improvements:
Street
InvertedBase &
Street
Side Dedication
Name
Width ShoulderPaving
Trees
walk Requirements
L-0. U -Z & AA -CC Streets
58 FT X _X
X
Public Streets
D_&_E Streets
60 'FT X X
X
Pvt. & Future
A. B: C Streets to the
existing Lost Cyn Rd
64 FT X X
X
X Public Streets
R Street
58 FT X _ X
_X
Public Streets
F thru J. P thru T St's
58 FT X X
X
Pvt. & Future
Oak Springs Cyn Rd. at
_SFT
Pvt. &Future
the northwest corner of the propert
33. The installation of street lights shall be installed at all intersections
and elsewhere as determined by the.Director of Public Works.
34. The applicant shall install inverted shoulder with an equestrian trail
along one side including the full radius of the cul-de-sac bulb on
streets F through J and P through T.
Water
35. The applicant shall file with the City Engineer a statement from the
water purveyor indicating that the water system will be operated by the
purveyor and that under normal operating conditions, the necessary
quantities of water will be available, the system will meet the
requirements for the land division, and that water service will be
provided to each lot/parcel.
36. The applicant shall serve all lots with adequately sized water system
facilities, including fire hydrants, of sufficient size to accommodate
the total domestic and fire flows required for the land division.
Domestic flows required for the land division are -to be determined by the
City Engineer or Director of Public Works. Fire flows required are to be
determined by the Fire Chief.
RESO P90-047 /-la
Sewers
37. The subdivider shall install and dedicate main line sewers and serve each
lot with a separate house lateral or have approved and bonded sever plans
on file with the Department of Public Yorks.
38. The applicant shall pay ordinance frontage charges and reimbursement
district fees before filing this land division map.
39. The subdivider shall send a print of the land division map to the County
Sanitation District, with the request for annexation. _
40. .The applicant shall grant. easements ..to the . City, appWpsr .Ate agency or
entity., for the purpose of. ingress, egress, constructoa_agnd maintenance
of all infrastructure constructed for this land division to the
satisfaction of the City Engineer.
41. The applicant shall pay a deposit as required to review documents and
plans for final map clearance in accordance vith.Section 21.36.010(c) of
the Subdivision Ordinance.
Grading, Drainage 8 Geology
42. The applicant shall submit a grading plan which must be approved prior to
approval of the final map.
43M. The applicant shall base grading plan on a detailed engineering
Geotechnical report which must be specifically approved by the geologist
and/or soils engineer and show all recommendations submitted by them. It
must also agree with the tentative map.and conditions as approved by the
Advisory Agency. 611 buttresses over 25 feet high must be accompanied by
calculations.
44. The applicant shall eliminate all geologic hazards associated with this
proposed development, or delineate a restricted use area approved by the
consultant geologist to the satisfaction of the Geology and Soils Section
and dedicate to the City the right to prohibit the erection of buildings
or other structures within the restricted use areas.
45M. The applicant shall submit drainage plans and necessary support documents
to comply with the following requirements. These must be approved to the
satisfaction of the Director of Public Works prior to filing of the final
map.
a. Portions of the property are subject to sheet overflow and ponding
and high velocity scouring action.
b. Portions of the property lying in and adjacent to natural drainage
courses and the Oak .Springs Canyon Wash are subject to flood hazard
because of overflow, inundation, and debris flows.
46. The applicant shall provide drainage facilities to _remove the flood
hazard and dedicate and show necessary easements and/or rights-of-way on
the final map.
RESO P90-047 / //
- 10
47. The applicant shall place a note of flood hazard if required on final map
and delineate the areas subject to flood hazard. Dedicate to the City
the right to restrict the erection of buildings in the flood hazard areas.
48. The applicant shall show on the final map the City's/Flood Control
District's right-of-vay for the channels. A permit will be required for
any construction affecting the right-of-way or facilities.
49. The applicant shall provide for the proper distribution of drainage.
50M. The applicant shall construct a 1/2 levee along the north property line
for the Santa Clara River. - I.__
51M. The applicant ,shall show and label all natural drainag#_.<;tourses an lots
where a note of flood hazard is allowed. ?sem+
a. No building permits will be issued for lots/parcels subject to flood
hazard until the buildings are adequately protected.
b. The applicant -shall notify the State Department of Fish and Game
prior to commencement of work within any natural drainage course.
The applicant shall obtain a 1603 permit prior to any grading
activities.
c. The applicant shall obtain from the Corps of Engineers a 404 permit
prior to any grading activities.
52M. Construct a.rip-rap levee along the southern bank. of the Santa Clara
River in accordance with the City of Santa Clarita, County of Los
Angeles, Department of Fish and Game and the Corps of Engineers
requirements. The proposed levee shall be constructed with ungrouted
rip -rap materials, which are subject to the approval of the City of Santa
Clarita Public Works. and Community Development. Departments. The
thickness of rip -rap bank lining shall be 42 inches or as determined by
the Director of Public Yorks. The side slope for the rip -rap levee shall
be 2:1.
53M. Construct a 2,500 foot (or as determined by the Director of Public Works)
rip -rap levee along the proposed Oak Springs Canyon Wash to channel
stormwater through the southwestern portion of the project site. The
channel is to contain an energy dissipation system, drop structures and a
flaring of the terminus of the improvements. The proposed levee shall be
constructed with ungrouted rip -rap materials, which are subject to the
approval of the City of Santa Clarita Public Works and Community
Development Departments. The thickness of rip -rap bank lining shall be
42 inches or as determined by the Director of Public Works. The side
slope for the rip -rap levee shall be 2:1.
54M. Oak Springs Canyon Wash exterior earthen slopes shall be landscaped with
drought tolerant/fire resistant trees and shrubs subject to the approval
of the City of Santa Clarita Parks and Recreation Department, to minimize
aesthetic impacts to existing residents.
55M. The applicant shall implement drainage improvements including
inlet/outlet structures, debris basins and storm drains .as necessary to
convey off-site, as well as on-site runoff.
RESO P90-047 /^/�
06
56M. All building pads shall be elevated above the. Q50 maximum storm flow
water surface elevation or approriate. drainage device constructed to
remove any flood hazard from the lots.
57. Lot lines may be adjusted to accomodate a reconfiquration of drainage
outlet provided adjusted lots are not less than 15,000 square feet.
58M. All proposed cut/fill slopes shall be landscaped .to reduce potential
increases in runoff and associated erosion.
59M. The proposed •A• Street bridge shall be designed in accordance with City
of Santa Clarita flood control design standards and requirements.
F
60. The applicant shall provide for contributory drainage'.rom 'adjoining
properties and return drainage to its natural conAtMns or secure
off-site drainage acceptance letters from affected property owners.
a. A hydrology study shall be submitted and approved prior.to the filing
of the final map... The hydrology shall verify, among other things,
that the proposed streets and existing downstream streets are able to
carry, top -of -curb to top -of -curb, the anticipated flow through the
subdivision.
b. This site is located in Zone •A• per the Federal Flood Insurance Rate
Map. Upon construction of the storm drain facilities, follow
procedures for revising the Flood Insurance Rate Map.
61M. The applicant shall submit a detailed engineering Geotechnical and Soil
Report which must be approved prior to approval of the final map. The
report, based upon adequate test borings or excavations, shall (1)
describe any soil or geologic condition(s) which, if not corrected might
lead to structural damage or slope failure, and (2) recommend action
likely to prevent structural damage or slope failure. A soil expansion
index test is required and shall be done in accordance with the
procedures of UBC Std. No. 29-2. '
62. The applicant shall adjust, relocate, and/or eliminate lot lines, lots,
streets, easements, grading, geotechnical protective devices, and/or
physical improvements to comply with ordinances, policies, and standards
in effect at the date the City determined the application to be .complete
all to the satisfaction of this Department.
63M. All grading activities shall adhere to..the recommendations in the
approved geotechnical report including the following:
Over -excavation and recompaction of alluvial, colluvial and terrace
materials to recieve fill shall be at least one foot below cleared
zone to stabilize surfaced soils.
All cut/fill slopes shall be 2:1 and compacted to a minimum of .95
percent of the maximum dry density.
Proposed levees shall be designed to accommodate Q50 (50 year
probable storm) storm flows and ungrouted rip -raptor City approved
alternative shall placed down to scour level.
RESO P90-047
Buttress of" stablization levees, shall Aincorporated into the
-proposed cut slopes per the approved geology report.
In areas identified as having liquefaction potential, affected
dwelling units shall be founded on post -tensioned concrete slabs or
other appropriate foundations to mitigate differential settlement or
foundation damage due to possible liquefaction.
Back drains shall be installed in manufactured slopes, as required.
Additional geotechnical studies shall be conducted at the grading
plan preparation stage and again during grading operations to correct
existing unstable conditions, where necessary.
A liquefaction study shall be prepared to evaluatg,W9Mntial impacts
and required mitigation measureson the proposed bridgee^�,
64M. All proposed structures shall be located entirely on either cut materials
or compacted fill. Building pads located across transitional (cut/fill)
lots shall be undercut in cut areas a minimum of three feet in depth, and
be moisture conditioned and compacted in accordance with the fill
placement recommendations stated above. Under cutting shall extend a
minimum of five feet horizontally beyond building perimeters.
Undercutting will reduce the potential -for differential settlement of
structures on transitional lots. Undercutting shall be required on 179
lots or as determined by the Director of Public Yorks, as outlined in the
geology report contained within the Final Environmental Impact Report.
65M. Prior to final approval, enter into a written agreement with the City of
Santa Clarita whereby the subdivider agrees 'to pay to the City a sum (to
be determined by the City Council) times the factor per development unit
for the purpose of contributing to a proposed Bridge and Thoroughfare
Benefit District to implement the highway element of the General Plan as
a means of mitigating the traffic impact of this and other subdivisions
in the area. The form of security for performance of said agreement
shall be as approved by the City.
The agreement shall include the following provisions:
Upon establishment of the District and the area of benefit, the fee
shall be paid to a special Department of Public Vorks fund.
In the event funds are required for work prior to formation of the
District, the Director of Public Yorks may demand a sum of $2,100 (or
greater as determined, by the City Council), times the factor per
development unit to be credited toward the final fee established
under the District.
The subdivider may construct improvements of equivalent value in lieu
of paying fees established for the District subject to approval of
the.Director of Public Vorks.
The Director of Public Vorks may require the developer to submit a
traffic report periodically that addresses traffic congestion and the
need to mitigate the problems prior to issuing building permits.
RESO P90-047 /���
Factors for development units are as follows:
evelooment Unit Factor
Single Family
per.unit
1.0
Townhouse
per
unit
0.8
Apartment
per
unit
0.7
Commercial
per
unit
5.0
Industry
per
unit
3.0
The project is in the;
[ J Via Princessa Bridge and Thoroughfare District �;% 111
( ] Bouquet Canyon Bridge and Thoroughfare District .1'?W"=_
[X] Route 126 Bridge and Thoroughfare District
[ ] Valencia City Bridge and Thoroughfare District
66. The applicant shall form a Landscape Assessment District to provide for
the maintenance of medians for major and secondary highways and shall
provide for the maintenance of slopes by the Homeowners Association in
the CC&Rs. The Landscape District must be approved by the City Council
at the same meeting or prior to approval of the Final Map. The formation
of a Landscape Assessment District must be disclosed in Real Estate
documents to Homeowners. The CC&Rs must be approved by the City Attorney
prior to approval of the Final Map.
Access is required to slopes which are to be maintained by the Homeowners
Association.
The design of the landscape plans and irrigation systems .(the number of
meters and location of meters and location of the systems within the lot
lines); shall lend itself to the method established for maintenance. -
The applicant is responsible for landscaping medians. As required on
major and secondary highways.
67. Vhere there are slopes greater than 5 feet in height which the Building
Code require to be planted, planting and irrigation plans shall be
submitted and approved prior to approval of the grading plans.
Irrigation systems shall be designed to provide for proper maintenance of
the plants and systems.
68. The applicant shall provide- for proper maintenance of the Equestrian
areas if they will not be maintained by Parks and Recreation as part of
the Master Trails systems. Homeowners Associations or other method may
be used as approved by the City Attorney, City Engineer and Director of
Parks and Recreation.
69. Non -buildable lots are not acceptable on the final map. Lot lines must
be adjusted or lots combined with adjacent property to the satisfaction
of the City Engineer prior to or concurrently with recordation of the
final map.
70. The applicant shall provide access to lot 301.
RESO P90-047 /�/�
71. The applicant shall provide access to any adjacent parcels which become
landlocked due to this subdivision.
72. Provide adequate access and/or easements for access across private and
future streets for the Flood Control District and provide access over "E"
and IT* streets to Tract 37038.
73. No building permits will be issued where more than 150 lots have only 1
point of access. A secondary access must be provided prior to issuance
of permits.
74. The applicant is responsible .for .acquiring• off-si;lW easements and
permission from the Southern Pacific Railroad as r4a—feed. Specific
provisions for acquiring the easements and property mute=made prior to
recordation of the final map.
75. Property must be annexed into the City prior to approval of the final map.
76M. The applicant shall construct sound attenuation walls/berms as shown in
the Final Environmental Impact Report (exhibits 4 -18a -c).
77M. Residential structures shall be approved in conformance with the City of
Santa Clarita, Los Angeles County Department of Public Works and the
State of California Building Code, Title 24, CCR.
78M. Vindovs in structures exposed to CNEL values in excess of 65 .dB shall be
glazed with 1/4 -inch laminated glass or other acceptable alternatives
approved by the Director of Public Works
79M. All second floor windows and sliding glass doors in houses abutting the
railroad shall have a minimum STC rating of 32. The window supplier
shall be required to submit an ASTM E90 test report prepared in an
independent, accredited laboratory.
80M. The applicant shall discontinue construction activities .during all first
and second stage smog alerts.
81. All lots in this subdivision must be equal to or greater than 15,000
square feet per minimum Equestrian requirements.
TRAFFIC DEPARTMENT
82. Develop a funding mechanism which ensures that the improvements are
installed and operational within two years after the first occupancy, if
not in place at time of recordation, and contribute a proportionate share
of the cost for construction of traffic signals and associated roadway
improvements at Soledad Canyon Road and the southbound State Route 14
ramps.
83. Develop a funding mechanism which ensures that the improvements are
installed and operational within two years after the first occupancy, if
not in place at time of recordation and contribute a proportionate share
of the cost for construction of Soledad Canyon Road to the easterly
existing City boundary inthe vicinity of Oak Springs Canyon Road,
including the appropriate transition.
RESO P90-047 /'47
84. Install a traffic signal system and associated roadway improvements .at i
the intersection of Sand Canyon Road and Lost Canyon Road. This is to be
constructed and operational prior to occupancy of this development.
85. Develop a funding mechanism, if not in place at time of recordation and
contribute a proportionate share of the modification of the traffic
signal system to provide left -turn phasing (east -west) at the
intersection of Soledad Canyon Road and Sand Canyon Road. This is to be
installed and operational prior to occupancy of this development.
86. Install a traffic signal system and associated roadway.., improvements at
the - intersection of Soledad Canyon Road and Oak ,SpiSngs` Canyon Road.
This is to be constructed and operation concurrent 's m'tithe project's
northerly access/egress route. Y;�3'
FIRE DEPARTMENT
87. This property is located within the area described by the Forester and
Fire Marden as Fire Zone 4 and future construction must comply with
applicable Code requirements.
88. Brush clearance shall comply with the Los Angeles County Fire Code,
Division V. Section 11.501 through Sections 11.529.
89. Provide water mains, fire hydrants, and fire flows as required by the
County Forester .and Fire Marden for all land shown on the map to be
recorded.
90. Provide Fire Department and City -approved street signs, and building
address numbers, prior to occupancy.
91. Fire Department access shall extend to within 150 feet distance of any
portion of structures to be built.
92. Access shall comply with Section 10.207 of the Fire Code which -require
all weather access. All weather access may require paving.
93. Bridge shall support 50,000.pounds plus.safety factor. Private gates, if
any shall comply with regulation.number 5.
94. The required fire flow for public fire hydrants at this location is 1,000
gallons per minute @ 20. psi for a duration of 2 hours, over and above
maximum daily domestic demand.
95. All hydrants shall measure 6"x4'x2 1/2" brass or bronze, conforming to
current AVWA standard C503 or approved equal. All hydrants shall be
installed a minimum of 25' from a structure or protected by a (2) two
hour fire wall. Location: as per map on file with this office.
96. All required. fire hydrants shall be installed, tested and accepted prior
to construction. Vehicular access must be provided and maintained
serviceable throughout construction.
RESO P90-047 /
97. Provide fire flow data once hydrants are installed. All hydrants shall
be installed in conformance with Title 20, L.A. County Government Cade or
appropriate. City regulations. This shall include minimum six-inch
diameter mains. Arrangements to meet these requirements must be made
with the water purveyor serving the area.
98. Fire hydrant requirements are as follows: Install 32 public fire
hydrants.
99. The applicant shall pay fees, if established by the_, City, to provide
funds for fire protection facilities which area,_ required by new
commercial, industrial or residential development '.gift>>^+to final map
approval or issuance of building permits. %=
W7V..1-
DEPARTMENT OF PARRS AND RECREATION
100. Prior to recordation, all recreation facilities are subject to the
approval of the Director of the City of Santa Clarita Parks and
Recreation Department.
101. A Homeowner's Association (BOA) or other appropriate funding mechanisms
approved by the City Attorney shall be formed to have responsibility and
authority of. all slope maintenance,including, but not limited to, trail
maintenance, landscaping and irrigation.
102. All bicycle and equestrian trails are to be approved. and constructed to
the satisfaction of the City of Santa Clarita Department of Parks and
Recreation and Public Qorks Department.. The location of such trails are
to be approved prior to the recordation of this map.
103. The 8 foot wide equestrian trail which follows the Oak Springs drainage
channel is to be located outside, of the channel adjacent to the service
road. The trail is not to be located within the channel bottom.
104. An equestrian trail is to be provided on •A• Street to access the Santa
C1ara:River Trail from the projects southern border. The trail will pass
under the Southern Pacific Railroad underpass and will be a minimum of 8
feet wide.
105. A 10 foot wide equestrian trail shall be provided adjacent to the service
road next to the Santa Clara River on the south side of the river
channel. There shall be a four foot wide buffer between the trail and
the service road. The meandering equestrian trail along 'C" Street is
acceptable with a four foot buffer and would replace the need for
equestrian trails on the levee where the street is adjacent. The trail
is not to be located within the channel bottom.
106. All trails, with the exception of the Santa Clara River trail, will be
private and maintained by the Homeowners Association (HOA), or. other
appropriate funding mechanisms approved by the City Attorney.
107. The applicant shall pay the appropriate Quimby (park in lieu) fee. The
current fee shall be $321,104 or greater as determined by the City
Council.
RESO P90-047 /_(P'
10 co
108M The applicant shall have Parks and Recreation approval of all landscape
and irrigation plans. The use of drought tolerant species on slope
planting shall be incorporated into the landscape plans.
DEPARTMENT OF COMMUNITY DEVELOPMENT
109. All sections of Oak Tree Preservation Ordinance 89-10 apply to this
permit.
110. During all construction work on the site, a protective fencing is to be
installed around the protected zone of alloaktrees,�ithin 300 feet of
any construction on- the site. A four -foot -high chs#R #ink fence is
acceptable. __••
111. There is to be no storage of materials or parking of any vehicles under
any of -the oaks on or off site.
112. The applicant is to follow all mitigation measures and conditions set
forth in the Oak Tree Report prepared by The Planning Center dated
January, 1990.
113. All roadway section shifts are subject to the Department of Public Works
approval.
114. Theapplicant is to remove 153 oak .trees with a total economic value of
$345,513 per ISA standards value (see attached list). The applicant is
required to submit a plan to replace the removed trees, to the
satisfaction of the Department of Community Development.
115. The applicant shall install organic material such as crushed walnut hulls
to a depth of 30. This is to be shown on the required landscape plan.
116. All encroachments into the protected zones of any oaks for roads,
grading, construction or any activities will be subject to the approval
of the Director of Community Development.
117. A licensed arborist is to be on-site during all construction within the
protected zones of any of the oak trees.
118. All work done within the protected zone of the oak trees is to be done
-
using small hand tools.
119. Prior to the relocation of any oak trees, a detailed transplant and
maintenance program shall be submitted to the Director of Community
Development for approval.
120. In order to transplant trees, it is necessary that a letter of
feasibility from a reputable specialist shall be submitted indicating
method and location prior to movement of said tree to the Director of
Community Planning for approval. All transplanted trees shall be
monitored by transplantation specialist for a period of five years. If
any of the trees die, they are to be replaced per the ISA values.
121. No utility lines, either above or below ground, shall be placed within
the protective zone of any oak tree unless an Oak Tree Permit is
obtained. This area is calculated as five feet beyond the drip line.
RESO P90-047
//9
c
122. If there is to be.minor: encroachment, then an oak tree consultant shall
submit sections and elevations of the affected trees and the type of
encroachment proposed to the Director of Community Development for
approval.
123M The applicant shall implement a riparian habitat mitigation program which
is subject to the approval of the Army Corps of Engineers.
124. This grant shall not be effective for any purpose until the permittee and
the owner of the property involved (if other than the permittee) have
filed with the Director of Community Development their affidavit stating
that they are aware of, and agree, to accept, all of ;reconditions of
this grant.
4
125M Pursuant to approval and agreement of the applicant, final map approval
shall not be granted until the applicant enters into an agreement for
school mitigation with the William S. Mart Union High School District,
and the Sulphur Springs Union School District.
126. It is further declared and made a condition of this permit that if any
condition hereof is violated, or if any law, stature, or ordinance is
violated, the permit shall be suspended and the privileges granted
hereunder shall lapse; provided that the applicant has been given written
notice to cease such violation and has failed to do so for a period of 30
days.
127. All requirements of the Zoning Ordinance and of the specific zoning of
subject property must be complied with unless set forth in the permit
and/or as shown on the approved plot plan.
128. The property shall be developed and maintained in substantial conformance
with the tentative map.
129M Three copies of a landscape plan shall be submitted to, and approved by,
the Director of Community Development and the Director of Parks and
Recreation prior to the issuance of building permits. The landscape plan
shall. show size, type, location of all plants, trees, and water
facilities.
130. within one year of the approval of this project, the applicant shall pay
a Transit Impact Fee of $200.00 per residential unit; provided that the
City has its Transit Impact Program in effect. These fees shall be paid
to.the satisfaction of the Director of Public Works.
131. The developer shall participate with the developer of Tract 47803 to pave
Oak Springs Canyon Road from Lost Canyon Road to the westerly boundary of
Tract 47803. Such road need not be developed to minimum public street
standards. These road improvements shall include a swale to help direct
drainage. All of the above is subject to the necessary easements being
provided by the affected homeowners.
RESO P90-047
132. Prior to the issuance of any building permit for any residential dwelling
unit within the tract, the developer shall have installed and
constructed, or caused the installation and construction of the extension
of Norland Avenue from Oak Spring Canyon Road to the, northerly boundary
of Tract 47803, including the installation and construction of a railroad
undercrossing and a river overcrossing necessary to accommodate the
extension of the Norland alignment. The developer shall acquire or cause
to be acquired, rights-of-way necessary to accommodate the Norland
extension as described herein, to Tract 47803 boundary. Such
rights-of-way shall be dedicated to. the City in the event the Council
determines, prior to recordation, that the Norland exk€nsion right-of-way
shall be a public street. T
RESO P90-047 / r�r
00
.
OAK VALUES- TENTATIVE TRACT #34466
Estimated
Estimated
Estimated
Estimated
Tree #
Value
Tope #
Value
Thee #
Value
Tice #
Value
Quercus dumosa
I
Quercus agrl(olia
4
$3,183
195
S424
240
$2,152
17
525,974
6
4,577
196
768
241
3,496
27
13,203
7
3,815
197
1,960
242
802
46
3,653
8
7,182
198
3,391
243
4,941
46a
1,358
9
1,358
199
696
244
3,966
- 47
2,283
11
4,091.
200
696
245
2,846
48
12,425
12
6,575
201
800
246
2,081
I
-?ISa
552
14
4,687
202
1,000
247
2,133
."' � 49
5,427
16
3,297
203
1,000
24.8
340�
.4
``"'"�49a
4,779
20
6,912
204
1,232
249
956 I
58
9,909
22
1,358
205 840
250
848
151
" 957
154
10,260
156 1,936
206 282
251 4,016
159
2,317
207
1,401
252
2,316
155
3,456
160
3,086
208
360
253
744
156
9,153
161
362
209
1,633
254
3,608
162
362
210
802
255
1,064
TOTAL:
163
1,550
211
529
256
3,676
$345,513
164
5,816
212
192
257
1,976
165
1,706
213
1,358
258
1,976
i
166
1,104
214
192
259
2,162
167
2,292
215
1,000
260
1,920
168
67
216
2,162
261
340
i
169
1,680
217
869
262
698
170
262
218
192
263
3,250
171
532
219
192
264
1,384
172
2,761
220
869
265
2,344
173
2,081
221
340
266
802
174
466
222
582
267
2,144
175
84
223
1,104
268
298
I
176
192
224
272
269
698
j
177
84
225
216
270
192
179
1,912
226
194
271
1,700
180
550
227
360
272
529
181
1,000
228
346
273
3,814
,
182
3,814
229
2,122
274
1,358
183
764
230
3,101
275
3,285
184
.1,058
231
2,761
276
1,890
185
154
232
4,270
277
298
I
186
272
233
1,909
278
1,826
188
1,960
234
5,652
279
384
189
1,581
235
340
280
954
j
190
1,384
236
192
281
340
;
192
916
237
7,756
282
582
193
480
238
1,380
283
1,636
194
444
239
1,058
9
CITY OF SANTA CLARITA
SUPPLEMENTAL STAFF REPORT
VESTING TENTATIVE TRACT 34466
PREZONE 88-001
CONDITIONAL USE PERMIT 89-023
ANNEXATION AGREEMENT 89-01
AND
OAK TREE PERMIT 89-062
DATE: September 18, 1990.
0
TO: Chairman �B�raithwaite and Members of The Planning Commission
.wY J4ci�r�('teJe---
FROM: F 7 Lynn M. Harris, Director of Community Development
APPLICANT: American Beauty Homes, F&N Homes Inc.
LOCATION: Southeast of the intersection of Oak Springs Canyon Road
and Lost Canyon Road, south of the Santa Clara River.
REQUEST: The applicant is requesting to subdivide 188 acres of land
into 299 single family lots, three open space lots and one
. flood control lot. The applicant is also requesting to
remove 153 native oak trees, Prezone the site to R -1 -DP and
an Annexation Agreement to give expanded time lines on
project build out.
BACKGROUND:
This item was previously before the Planning Commission on June 5, 1990.
Staff has included the staff report and other materials from this hearing for
your review. At that time .the Public Hearing was continued to a date
uncertain to allow the Draft Environmental Impact Report to complete the 45
day review period. The comments that were received, both written and
testimony during the public hearing, are contained within the Final EIR:
During this comment period, staff received 15 written comments which were
responded to in the Response to Comments along with the public comments heard
during the first public hearing. These comments and their responses are
contained in the beginning of Volume 1 of the Final Environmental Impact
Report, which the Commission received on August 30, 1990. Also included in
this section are responses to the US Army Corps of Engineers 404 Permit,
required by the Clean Water Act. .
The Conditions of Approval have incorporated all applicable mitigation
measures '_.ian:ified in the Final Environmental Impact Report.
0 0
Based on some concerns from adjacent property owners within the Oak Spring
Canyon area, the developer's engineer has evaluated the expected run-off from
the project for not only the capital flood which is one that is expected to
occur every 50 years but also evaluated a 25, 10, 5 and one year flood
frequency. The calculations, which have been reviewed by our Public Works
Department, verify that the development of this tract will provide a net
reduction in run-off to Oak Spring Canyon wash. What we would expect as both
of these tracts are improved is that both during capital and minor storms the
net flow in the channel would be less than prior to development or under
natural conditions. This is because 85 acres of Tentative Tract 34466 which
under natural conditions would flow to the drainage channel is being
redirected through a storm drain system to the Santa Clara River. The
expected increased flow from the Tract to the south, Tentative Tract 47803,
when developed would contribute less as a result of that development than the
85 acres that is being removed by Tract 34466.
One remaining issue is that the wash would become saturated as a result of the
development of these Tracts. Based on the absorption qualities of Oak Spring
Canyon wash the small amounts of water resulting from over watering of lawns
or washing down of vehicles in driveways would not have any effect on the
saturation of Oak.Springs Canyon wash. There are several locations within the
City such as the southfork of the Santa Clara and the Santa Clara River which
demonstrate that those small flows are quickly absorbed in the dry wash.
Since the proposed channel improvements will not have a concrete bottom, we
feel that any flows that occur during the periods of dry weather will be
absorbed rapidly.
On September 4, 1990, Staff received a response to the EIR from the US
Department of Interior, Fish and Wildlife Service. This Agency has stated
that by encroaching into the floodplains, the project creates a significant
impact on the environment. Since the response was received after the Final
EIR was prepared, it was not included in the Response. to Comments. Staff
transmitted -these comments to the applicant and he submitted two reports to
address them. Both the reports and comments are attached for the Commission
to review. The FEIR does contain a streambed avoidance alternative on page
7-3, which the Commission may wish to note. As enumerated in Condition 123M,
the applicant is required to implement a riparian habitat mitigation program
approved by the US Army Corps of Engineers. The applicant has submitted a
plan to the Corps recommending the establishment of 5.6 acres of riparian
habitat to replace the 2.8 acres of habitat impacted by the construction of
the bridge and levee protection.
In the suggested conditions, staff has included conditions 132, 133 .and 134 at
the applicant's request. The applicant is requesting to construct and to
occupy 50 units prior to construction of any secondary access. Currently,
there are 93 residences taking access from Lost Canyon Road. After the
construction of.secondary access, the applicant is requesting to construct all
90 residences north of the railroad tracks prior to the construction of the
undercrossing. The appropriateness of these conditions should be determined
by the Commission. The phasing which they create is consistent with the City
Code. The code sets limits on numbers of units on a single means of access,
allowing 150 units "where the restriction is.subject to removal through future
. development". However, the development to the south, Tract 47803, was
conditioned that all access roads be in place prior to the issuance of any
building permits.
. The applicant has reached a mitigation agreement with both of the affected
school districts.
The Final Environmental Impact Report and the Staff Report dated June 5,.,1990,
contain information on density, General Plan .onsistency and surrounding land
uses.
The applicant has also submitted a request for an Annexation Agreement. The
proposal is to establish an agreement between the applicant and the City to
allow complete buildout of the project. Very substantial offsite improvements
are included in the recommended Conditions of Approval. The applicant is
requesting a 12 year time frame to ensure the completion of the project.
RECOIMNDATION:
Review the materials, allow additional testimony, close the public hearing and
deliberate on this project.
0
•
11
CITY OF SANTA CLARITA
STAFF REPORT
VESTING TEN:'AT:VE TRACT 34466
PREZONE 88-01
CONDITIONAL USE PERMIT 89-023
AND
OAK TREE PERMIT 89-062
DATE: June S. 1990.
TO: Chairwoman Garasi and Members of the
Planning Commission
FROM: Lynn M. Harris,
Director of Community Developmenttti'�
PROJECT PLANNER: Fred Follstad,
Assistant Planner
APPLICANT: American Beauty Homes, Inc.
LOCATION: Southeast of the intersection of Oak Springs
Canyon Road and Lost Canyon Road, south of
the Santa Clara River.
REQUEST: The applicant is requesting to subdivide 189
acres of land into 299 single family lots, 3
open space lots and 1 flood control lat.
The applicant is also requesting to remove
153 native oak trees and to Prezone the site
to R -1 -(DP).
RECOMMENDATION: Open the Public Hearing and receive public
testimony and continue the Public Hearing to
July 17, 1990, to allow the public comment
period on the EIR to be completed.
BACKGROUND AND ANALYSIS:
The site consists of +/- 189 acres of land located southeast of the
intersection of Oak Springs Canyon Road and Lost Canyon Road, south
of the Santa Clara River and adjacent to the City of Santa Clariti.
The parcel is currently zoned A-1-20,000, light agriculture with a
20.000 square -foot minimum lot size. The site is not located in the
Alouist-Priolo special study zone for earthquake faults. No
archaeological sites have been found on the property. The site is
located within Significant Ecological Area (23). This SEA is the
Santa Clara.River which has several populations of the Unarmored
Threespine Stickleback fish, a state and federal endangered
species. Additionally, the riparian communities present along the
river are also considered rare and unique.
s 0
At the present time the site is primarily vacant with no existing
structures. T: -.e site is divided into three areas by a high pressure gas
line and the Southern Pacific Railroad tracks, both running east -west
across the property. The topography of the site is primarily flat land
with some hillsides and knolls on the southern and central sections of
the property. The surrounding land uses are depicted below:
-------------------------------------------------------------------------
LAND USE ZONING GENERAL PLAN
-------------------------------------------------------------------------
PROJECT vacant, A-1-20,000 N-1, W
-------------------------------------------------------------------------
SOUTH single family residences A-1-1 N-1, W
vacant
-------------------------------------------------------------------------
NORTH vacant A-1-20,000, N-1, W/SEA (23)
Santa Clara River
-------------------------------------------------------------------------
EAST vacant A-2-2, A-2-1 N-1, HM
-------------------------------------------------------------------------
WEST single family residences, A-1-20,000, R -R, N-1, N-2, HM
vacant, equestrian uses A-1-10,000, A-1-2, W, W/SEA (23)
A-2-20,000
The applicant has filed for a prezone (88-001) and annexation to the
City (88-002). The applicant is seeking to change the existing Los
Angeles County zoning of A-1-20,000 to R -1 -DP, at staff's request. The
project does not exceed the density allowable under present zoning, but
the agricultural designation seems inappropriate for lots smaller than
one acre. The recommendation of approval of this prezone would allow
the annexation process to continue if adopted by the City Council._
Staff has reviewed the proposal with the current draft General Plan land
use map being produced by GPAC. According to the draft General Plan,
the site is designated for residential use at a density of one dwelling
unit per acre.
The applicant is proposing to subdivide the site into 299 single family
lots, three open space lots and one flood control lot. The required
Quimby (park -land) fee is $321,104.
The applicant indicates that approximately 1,200,000 cubic yards of
grading is required, which is to be balanced on-site. A major portion
of the earthwork is required to enhance the road network to tap existing
projects to t. south. Also, a large amount of grading is required for
the flood .: ..tr:l improvements.
The appli,;an- .:-: -et with the two school districts, but has not entered
into written r-amants with them as of this date.
isThe site cantaics several areas of environmental concern. Staff
requested the =- --=ant to provide an EIR on this project. Staff
distribute,' draft EIR to the Commission two weeks prior to this
hearing.
0 0
The site contains several areas of environmental sensitivity with the
potential for significant impact, including oak trees, SEA No. 23.(Santa
Clara River) and the presence of the Southern Pacific Railroad line. A
draft environmental impact report (DEIR 89-001) has been prepared for
the project and is currently being circulated for public review and
comment. Issues evaluated in the DEIR include, but are not limited to,
flood hazard, noise, land use compatibility, traffic/access, soils and
geology, air quality, biology, and public services. An introduction and
executive summary are contained in Section 1.0 of the Volume I of the
DEIR.
There are 295 native Oak trees and shrubs located throughout the
property. The applicant proposes to remove 153 Oak trees which include
5 dead trees, 134 Scrub Oak and 14 Coast Live Oaks. The trees are to be
replaced with trees to the satisfaction of the Department of Community
Development. Of the 85 existing heritage trees, all are to remain.
Comparing this project to other nearby projects, the percentage of
removals of the Coastal Live:Oaks is favorable. The Hunters Green
project removed 31 out of 193 trees (162), and the Prime Vest project to
the south is removing 24 of the 182 Live Oaks (13Z). This project is
requesting to remove 14 out of 135 of the Coastal Live Oaks (10Z).
As proposed by the applicant, the circulation on the site consists of
. private and public roads. All streets to the north of "B" Street will
be public, thereby providing access to the properties to the east and
west. "A" Street will continue southerly to the project boundary as a
public street. "D" and "E" Streets are proposed to be gated, thereby
forming a gated community south of "A" Street.
The applicant has had extensive contact with the local homeowners'
associations. City staff has attended a board meeting of the Sand
Canyon Homeowners' Association, as well as meetings of the Crystal
Springs Homeowners and the Oak Springs Canyon Homeowners. All of these
meetings were held to review this tract in conjunction with the Prime
West tract (147803), directly to the south of this property. The Prime
West project was approved by the Commission on April 5, 1990.
The two developers have cooperated with the three homeowners'
associations and have made agreements with them, including complete
redesigns of the tracts and voluntary off-site.improvements such as
paving and construction of water lines and fire hydrants at the
developers' expense.
In addition to this, the two developers have agreed to construct a road
which will allow existing homes in the area to be accessed from Soledad
Canyon Road, under the freeway through the existing undercrossing at the
City's existing easterly boundary; then easterly along this new road
called Norland Drive; then continuing southerly through this tract as a
public street, including a major bridge over the Santa Clara River and
an undercro-sin_, at the Southern Pacific Railroad. The road will
continue south, to (and through) the Prime West tract. This roadway and
bridges are on the latest Bridge and Thoroughfare Map.
Griffin Homes has applied for annexation and a tract map on the final
^.ase of Crystal Springs. That tract proposes:to connect through Prime
,est to the north, and also to Sand Canyon, via Live Oak Springs Canyon
Thus, a loop system will be created, offering two means of access
to Soiedad and the freeway for all residents living easterly of Sand
Canyon Road.
The Oak Spring homeowners to the west will receive the benefit of a new
water system, fire hydrants and paving on Oak Spring Canyon Road. They
will also have improved access through the new road mentioned above.
Their community presently is not accessible for trash removal because
the trucks do not fit under the present railroad undercrossing. The
dozen homes in the National Forest will likewise have unimpeded access,
fully paved, through the Prime West project on Oak Spring Canyon Road.
They therefore will ultimately have two paved separate accesses; one
being the present unpaved road, the other being the public road through
Jack Shine's tract.
This developer, in conjunction with Prime West, has offered expedited
construction of improvements to the Oak Spring Canyon homeowners at his
expense, in accordance with their desire to solve two problems: many of
their water wells are going dry and they desire to avoid another winter
without a paved road and swale for flood alleviation. These
improvements will precede construction of this project and would not be
• necessary for this tract by a "nexus" analysis. Some residents of this
area have signed a letter to the City which voices concern over flooding
near their homes. The City Engineer feels this existing problem will be
slightly alleviated by this tract, but not solved. This development is
conditioned to make channelization improvements onsite and outlet the
water as it now flows offsite. The slight alleviation occurs because
the road system will take some of the water out to the river.
Continuing the channelization offsite would present no solutions, since
a narrower channel would head straight for the railroad trestle which is
the only means of access presently. Even with the wider natural
channel, the trestle has been impassable occasionally. The new access
provided by this development will serve the Oak Springs homeowners in
such an instance.
This tract, along with the Prime West project, has been conditioned to
contribute on a per -lot basis toward the roadway and bridges to the
north. This $10,000,000+ infrastructure cost will be borne entirely by
these two developers. It will open a second northerly access to the
easterly part of the Sand Canyon community. The Prime West tract was
conditioned for no building permits until this roadway is available.
This project is requesting occupancy of 50 homes.prior to the roadway
being in place. These homes would utilize Lost Canyon Road as their
access. This would be in accordance with City Code, and staff knows of
no objections to this allowance.
The new road to the north will he superior in design (width, flood
. control, sight -distance, curve radius, etc.) than Sand Canyon Road,
which serves as the primary access for the existing residents of Sand
.,-a.-.yon. There appears to be a vast majority opinion in the community
that this new route is a better idea than widening Sand Canyon,Road.
0
0
iAn extensive trail network is being provided by this and the adjacent
tract, connecting into the National Forest. The flood control channel
is being designed with a soft bottom.
The EIR is presently in the public comment stage of the review.
Therefore, no action can be taken on this project at this time. The
Commission should comment on the draft EIR, just as the public and
responsible agencies can do during the 45 day review period.
If the Commission is favorably disposed to the project as presently
designed, the staff will bring the EIR and the project back with
resolutions for approval in July. Also, the staff would advertise a
public hearing for an annexation agreement on the same date. The
developer has requested this agreement to ensure any approvals he
receives will remain in force. He is voluntarily annexing to the City,
and 'being conditioned for full construction of Bridge and.Thoroughfare
District improvements without reimbursement. This project and the Prime
West project together total 439 single-family homes, and are responsible
for more than $20,000 per dwelling unit in costs for roads in the
district. Except for the first 50 homes, these improvements are
required to be in place before construction. To ensure the right to
build the entire project in case of a no -growth initiative or other
legislative limitation on construction, these developers are desirous of
an annexation agreement.
. The project, as now proposed, is the result of a team effort by
citizens; staff and the developer. The Sand Canyon, Crystal Springs,
and Oak Springs Canyon Homeowner associations are all in support of this
project as presently conditioned. The density and lot sizes as
proposed, provide retention of the rural lifestyle in Sand Canyon, while
transitioning to the larger lots to the south. Staff therefore
recommends approval of'the tract, oak tree permit and prezone.
0
,
9-18-90 i 0
MEETING OF THE
CITY OF SANTA CLARITA
PLANNING COMMISSION
TUESDAY
September 18, 1990
6:30 p.m.
CALL TO ORDER The meeting of the Planning Commission was called
to order by Chairman Brathwaite, at 6:45 p.m., in
the Council Chambers, 23920 Valencia Boulevard,
Santa Clarita, California.
FLAG SALUTE Commissioner Modugno led the Pledge of Allegiance
to the flag of the United States of America.
ROLL CALL The Secretary called the roll. Those present were
Commissioners Modugno, Garasi, Woodrow, Vice
Chairman Cherrington and Chairman Brathwaite.
Also present were City Attorney Robert Wadden;
Director of Community Development Lynn M. Harris;
Principal Planner Rich Henderson; City Engineer Jim
van Winkle; Office Manager of Building and Safety
Dick Kopecky; Associate Planner Don Williams;
Assistant Planner Dan Powers and Commission
Secretary Robyn Dowd.
APPROVAL OF
It was motioned by Cherrington, seconded by Garasi
MINUTES
and unanimously carried to approve the minutes of
the Study Session of August 30, 1990. It was
motioned by Modugno, seconded by Cherrington and
unanimously carried to approve the minutes of.the-
Regular Meeting of September 4, 1990.
Director. announced that a request was made that
Item No. 4 of this agenda be moved up to Item No.
1. This was motioned by Garasi, seconded by
Modugno and unanimously approved.
ITEM 1
Director introduced this item advising the
PLOT PLAN 89-099
Commission that the Applicant, Valencia Company,
AND CONDITIONAL
had requested that this project be continued to the
USE PERMIT 90-008
October 2, 1990 meeting due to late arrival of the
staff report. The public hearing was opened at
6:55 p.m., the reading of the staff report was
waived and Modugno motioned to continue this item
to the October 2, 1990 meeting, Garasi seconded and
was unanimously carried.
ITEM 2 Director presented this item with Mr. Powers making
TENTATIVE PARCEL the presentation. Modugno advised that Condition
MAP 21120 No. 14 should be changed to read "road improvements
on site only." Keith Uselding, Hale and
Associates, spoke for the applicant requesting that
the structure on the property should not be
demolished
Ah
• PC
prior to recordation. Mr. Henderson advised that
the structure was not up to code. Hearing no other
comments favoring or opposing the item, Chairman
Brathwaite declared the public hearing closed at
7:10 p.m. Garasi motioned to approve the Negative
Declaration and Tentative Parcel Map 21120 and to
adopt Resolution P90-46 with the change in
Condition 14 as advised by Modugno and that if
brought up to code, the existing structure does not
have to be demolished prior to recordation.
Modugno seconded and it was unanimously carried.
2
ITEM 3
This item was continued from the June 5, 1990,
VESTING TENTATIVE
public hearing. Director introduced this item
TRACT MAP 34466,
advising the Commission that they were to act on
CONDITIONAL USE
the-EIR, ascertaining whether it was complete and
PERMIT 89-023,
to note the memo from the Director of Parks and
PREZONE 88-001,
Recreation Jeff Kolin requesting that Condition 103,
OAK TREE PERMIT
be changed from an 8 to a 10 foot wide equestrian
89-062, AND
trail. Mr. Henderson made the presentation with
ANNEXATION
the information that a request was made that a
AGREEMENT 89-01
number 300 lot be formed from this tract for the
adjoining parcel.of land which would be deeded to
Mr. Sword. The applicant would also like to build
50 homes prior to the completion of the bridge.
Several changes to the annexation agreement were
mentioned.
The public hearing was opened at 7:43 p.m. Mr.
Jack Shine, American Beauty Homes, 16830 Ventura
Blvd., Encino and Ron Horn, Sikand Engineering,
applicant and engineer of the project, presented
information for the Commission. Mr. Horn advised
the Commission that all of the citizen and
Commission concerns that had been mentioned at the
June 5, 1990 meeting had been addressed and were
located in front of the EIR. Speaking in favor
were Dean Sword, 28304 Oak Springs Canyon Road;
Dave Peck, 27562 Oak Springs Canyon Road; George
Gruber, 27563 Oak Springs Canyon Road; Ruth Kelley,
27500 Oak Spring Canyon Road; John Higby, President
of Oak Springs Canyon Home Owners Association,
27900 Graceton; and Batta Vujicic, 973 S. Westlake
Blvd. #103, Westlake Village. They indicated that
their support came from the all-weather access,
secondary access, water line, road paving, major
bridge over the Santa Clara River and an
undercrossing of the Southern Pacific Railroad.
In opposition to the project were Jay Wessel, 16125
Lost Canyon Road; Doris Boydston for Ron Boydston,
27875 Oak Spring Canyon Road; Tim Boydston, 2634
Kansas, Santa Monica; Janet Feeder, 27873 Oak
Spring Canyon Road; Jay Hecht, 275031/2 Oak Spring
Canyon Road; and Zetta L. Sheehan, 28458 Oak
Springs Canyon Road. Their concerns were vehicle
T
9-18-90 • PC 0
danger to children, loss of rural flavor; flood
control, access problems, lack of water supply,and
that the bridge and waterline should.be completed
prior to the homes being built.
Rich Sloniker, 28456 Oak Spring Canyon Road wanted
to make the Commission aware of the flooding
problems and to promote long term planning. Robert
Good, 15920 Whitewater Canyon Road, also voiced
concerns on flooding and felt that the
infrastructure was important.
Hearing no other comments favoring or opposing the
item, the public hearing was closed at 11:15 p.m.
Cherrington's concerns were the water issues,
floodplain area, river encroachment, flood control,
gated streets, staged buildout and the lack of
detailed landscaping. Woodrow's main concern was
the noise impacts on the residents of the homes
closest to the railroad. Garasi agreed with
Woodrow on the noise level concern and also had
In rebuttal, Jack Shine stated that the 50 homes
would not be occupied until the bridge was
completed. Ron Horn stated that 85 acres of water
run-off was being redirected north and would lessen
the flooding problem.
COMMISSION
Chairman Brathwaite declared a recess at 9:10 p.m.
RECESS
COMMISSION
Chairman Brathwaite called the meeting back to
RECONVENES
order at.9:25 p.m.
ITEM 3
Modugno wanted to know if the safety services had
(continued)
any concerns with the 50 homes being built with the
current access. Mr. Henderson stated that the fire
department has certain standards and that the
additional 50 homes fall within their standards.
Modugno stated that annexation of a residential
project is usually a burden on safety services.
The Director stated that she has direction to
pursue annexations. Brathwaite stated that the
City Council wants the City to be active with
annexations. The Commission had concerns on the
level of noise in the homes along the railroad
tracks and the floodplain area. A levee height and
berms along the railway were discussed. Eric Ruby,
Planning and Design Solutions, described noise
levels from the train.. Mr. Williams stated that
the river with project channelization would be
approximately 500 feet across instead of the
600-800 feet that it is now. Concerns on water
supply were answered by the Director that the.water
agency replied that they could service the project.
Hearing no other comments favoring or opposing the
item, the public hearing was closed at 11:15 p.m.
Cherrington's concerns were the water issues,
floodplain area, river encroachment, flood control,
gated streets, staged buildout and the lack of
detailed landscaping. Woodrow's main concern was
the noise impacts on the residents of the homes
closest to the railroad. Garasi agreed with
Woodrow on the noise level concern and also had
9-18-90 • PC
concerns on the river encroachment. Brathwaite
summarized by stating that the overall project is
beneficial. The Commission is requiring "A" Street
to be in place from Soledad to the northerly
boundary of Tract 47803, prior to the issuance of
any residential permits for this tract. This
includes construction of the.bridge.and the
railroad undercrossing. Therefore, with project
approval, the traffic circulation that previously
approved projects connect with will be in place.
The developer has reduced the density and provided
the bridge, undercrossing and roads and provided
space for the Parks and Recreation along the
riverbed as the Parks and Recreation asked; then
for these things to take place to fill in that
portion of the river that was swept away, to
control it is a plus. If nothing is done to the
riverbed, more river, dirt and the banks of the
river will be lost. This levee would provide some
stability along the riverbed in Sand Canyon and
would enable an all-weather type traffic bridge
across the river and provide the accesses to the
area which are needed. The noise impact is a fact
of life of the area and this type of construction
has been done in the Los Angeles Basin. The 100
foot distance to the tracks, the berm, wall, the
development and sound attenuation measures taken
within the structures themselves should provide
suitable living conditions.
Director brought up two procedural items; a finding
that the Environmental Impact Report is complete
and adequate for purposes of review in taking
action on the project and then make a motion on the
application and direct staff.to prepare a
resolution to bring back to the October 2, 1990
meeting. Modugno motioned that the Environmental
Impact Report is complete and adequate, Woodrow
seconded and unanimously carried. Garasi asked
that removal of the conditions that would allow
building prior to the -infrastructure in place be
made; Cherrington concurred. Modugno motioned; Mr.
Henderson asked if the motion included the
additional lot to make this project 300 lots,
Modugno stated it did and also included the entire
infrastructure including "A" Street down to the
Batta property and the undercrossing of the
railroad prior to any residential building permits
being issued and to include the request from Jeff
Kolin, Director of Parks and Recreation, on the
width of the trail to 10 feet; Cherrington seconded
and unanimously carried to approve Vesting
Tentative Tract Map 34466, Conditional Use Permit
89-023, Prezone 88-001, Oak Tree Permit 89-062, and
Annexation Agreement 89-01. The resolution will be
brought.before the Commission on -October 21 1990.
t
The Director announced that two items had been .
ANNOUNCEMENTS
41
9-18-90
I
the lateness of the hour, staff reports will not be
PC
5
Chairman
Brathwaite announced that due to the
The agenda for the Study Session for=September 20,
lateness
of the hour, Item
3 on the agenda would
Cherrington offered a commendation to the Director.
not be called.
and staff for the information items. The City
COMMISSION
Recess was called at 11:45
p.m.
RECESS
with the Council, Parks and Recreation.and
COMMISSION
Chairman
Brathwaite called
the meeting back to order
RECONVENES
at 11:50
p.m.
Garasi asked if the policy not to accept .new items
after 11:00 p.m. would apply to the Batta
Annexation Agreement due to the likeness to the
Shine project. Brathwaite stated that due to the
announcement to the public that the Batta, Item 3
on the agenda, would not be heard, this item could
not be discussed since the public who had signed up
to.speak had already left the meeting.
Director advised that the Batta and Shine projects
would be before Council at the same time so the
applicant would not lose any time in continuing
this item to October 2, 1990.
DIRECTOR'S
The Director announced that two items had been .
ANNOUNCEMENTS
noted for information to the Commission. Due to
the lateness of the hour, staff reports will not be
read; any questions will be answered. No questions
were brought to the Director's attention.
The agenda for the Study Session for=September 20,
1990, is included in the Commission's mail.
COMMISSION
Cherrington offered a commendation to the Director.
AGENDA
and staff for the information items. The City
Manager requests the Commission to consider items
to be placed on the agenda for the joint meeting
with the Council, Parks and Recreation.and
Sheriff's Department. This will be on the agenda
for the Orientation meeting on the 27th of
September.
ADJOURNMENT
There being no public business, Modugno motioned
that the meeting be adjourned to the Study Session,
September 20, 1990 at 6:30 p.m., Woodrow seconded
and unanimously carried. Meeting was adjourned at
12:00 a.m.
LO IS BRATHUPIE, Chairman
Planning Commission
ATJPES ;:
�
LYN M. HARRIS, Director
Community Development
City of Santa Clarita
• 0
May 7, 1990
To: City of Santa Clarita City Council
County of Los Angeles Board of Supervisors
From: Oak Spring Canyon Homeowners
Re: Flood control
RECEIVED
MAY 1 1 1990
CITY CHT CIARITA
C1 r SA
The homeowners in Oak Spring Canyon are concerned relative
to the impact that The American Beauty and Oak Park Estates
projects will have on flood control in our community. These
major developments are located in our canyon and up river
from our properties.
We are concerned that the elimination of vegetation and
increased hard surfaces ie: roofs, roadways, driveways,
patios, etc., will cause increased water flow into our
wash. We are also concerned that normal irrigation and
water use will cause a constant run off from these develop-
ments and a mess on our properties.
During a review of the proposed flood control plan for these
developments, it became obvious that their flood channel ends
at bur properties and directs the majority of water onto us.
A concrete sided, soft bottom, 80 foot wide flood control
channel collects and directs the water from these develop-
ments. A 375 foot flood plain easement carries the water
across our property for several hundred feet where the wash
intersects the railroad track and the flood control channel
is narrowed through a 30 foot wide railroad trestle. We are
concerned that the increased daily wat,�r flow from these
developments will make Oak Spring Canyon Road impassable at
the railroad trestle. we also concerned that during
heavy rains the water flow will increase from the hard
surfaces causing.damage to our properties and eliminating
our only access out of the canyon.
Although both American Beauty and Oak Park Estates have
engineered flood control through their perspective projects,
nothing has-been planned to continue the water down river
through our properties ensuring access at Oak Spring Canyon
Road and the trestle. A concrete sided, soft bottomed
channel would control the water and allow equestrian access
to the national forest but is a cost prohibitive project for
the individual homeowners.
a-y5�
0
•
Both American Beauty and Oak Park Estates have indicated
their desire to be good neighbors. Based on the impact
that these major projects will have on our properties,
we feel it is the responsibility of the developers to
continue the improvements through the trestle clearing
Oak Spring Canyon Road for access.
Although we are not opposed to annexation into the City,
we are extremely concerned relative to a well planned
infrastructure. Both American Beauty and Oak Park Estates
are developing in an area that is both rural and beautiful.
They should be held responsible and accountable for their
impact on this community. Continuing flood control, equestrian
trail's, access, roads and utilities are directly related to
a positive infrastructure.
Your assistance is requested in resolving this matter.
Sincerely,
Oak Spring Canyon Homeowners
C-1 ftVUQ-
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
FISH AND WILDLIFE ENHANCEMENT
SOUTHERN CALIFORNIA FIELD STATION
Laguna Niguel Office
Federal.Building, 24000 Avila Road
Laguna Niguel, CA 92656
Mr. Don Williams
City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, California 91355
4v Y ggam�++
Cir. �„�-:, .. `.`i', �•i;,
August 28, 1990
Re: Draft Environmental Impact Report - Oak Springs Estates,
Santa Clarita, California
Dear Mr. Williams:
The U.S. Fish and Wildlife Service (Service) has reviewed the
referenced document dated May 1990. We provide the following
comments for your information and consideration.
It should be brought to your attention that American Beauty
Homes, Inc. has applied for an Army Corps of Engineer's Section
404 permit under the Clean Water Act on three separate occasions;
Corps Public Notice No. 87-307 dated January 16, 1987, Public
Notice No. 88-318 dated January 11, 1989, and Public Notice No.
90-905, dated May 30, 1990. On all three occasions the California
Department of Fish and Game, U.S. Environmental Protection
Agency, and the Service have recommended to the Army Corps of
Engineers that the permit be denied. In general, the project is
essentially unchanged from 1987. It is the.Service's
understanding that American.Beauty Homes withdrew their
application for a Section 404 permit in 1987 and 1989.
In addition, the project description in the referenced document
is different than in the referenced Corp's most recent public
notice. For example, the public notice describes Oak Springs
Wash will have a -relocated concrete -lined trapezoidal channel
while the referenced document states that Oak Springs Wash to
have a diverted soft bottom, riprap channel.
In general, the draft Environmental Impact Report addresses the
areas that are of concern to the Service, those being, flood
hazard and biological resources. Specific comments follow.
Page 4-69. The requirement of a 1603 Agreement and a Section 404
permit for the proposed work is not ,n_tigation. It is unclear
what mitigation measure 2 means.
Page 4-73. We question the long -tern viability of placing
mitigation within the floodway of the Santa Clara River when
considering the philosophy and past actions of the Los.Angeles
County Flood Control Agency. In addition, this document fails to
address mitigation measures for the loss of flood plains, which
are natural groundwater recharge areas. Also, a mitigation
measure not mentioned with regards to water quality is the use of
retention basins to receive surface runoff from the proposed
development. One of the greatest threats to the Federal
endangered unarmored threespine stickleback is reduced water
quality. Developers should be responsible for their own surface
runoff. This is critical as additional development occurs
upstream of this species essential habitat.
Appendix F - Biological Assessment. This biological assessment
was conducted during May and June 1985, which dates the
information. Potential adverse environmental effects are not
mitigated by maintaining existing habitat. Mitigation eases the
impacts of an action through creation of habitats, types that
were impacted. Another fallacy is that wildlife species will
simply move out of the impact zone to adjacent habitat. It is
generally acknowledged by ecologists that nature functions at
carrying capacity and any intrusion of displaced individuals will
only result in short-term survival and ultimately these
individuals are lost. It is questionable that oil separators
will remove toxic substances that are in solution. And lastly,
the Santa Clara River is proposed to be narrowed to 500 feet
resulting in an increase in velocity of 3-4 feet per second and a
flood level elevation increase of 2-3 feet.
In summary, this proposed project has significant environmental
impacts if allowed to encroach into the Santa Clara River and Oak
Springs Wash floodplains. These, impacts include channelization
of the two water courses hence precluding the potential for
establishment'of riparian vegetation, reduction in water quality
due to unrestrained surface runoff, the loss or riparian habitat,
and the loss of a wildlife migratory and movement corridor
between the Angeles National Forest and the Santa Clara River.
The Service suggests that the City of Santa Clarita preserve the
floodplains of these two water courses and require that retention
basins be constructed to handle surface runoff, thereby,
preventing the deteriation of water quality from toxicants.
If you have any questions please feel free to contact John Hanlon
of my staff at (714) 643-4270.
Sincerely,
Brooks Harper
Office Supervisor
� 5a
f1Y Subdivision Applicat7on
Page 2 of 3
USE: Indicate lot numbers under proposed use.
Single family _ 299
Multiple
Other 11-0/S
Commercial _
Industrial _
Agricultural
R ARD OWNFR(S)
FN PROJECTS INC.
Name (Please print) Name (Please print)
9800 So. Sepulveda Boulevard
Address. Address
Los Angeles 90045 (213) 338-46
City Zip Code Phone City Zip Code Phone
(continued)
Name (Please print) Name (Please Print)
Address _ Address
City Zip Code Phone City Zip Code Phone
PROPERTY AUTHORIZATION: THE UNDERSIGNED STATES THAT THEY ARE THE.
OWNER(S) of the property described herein and hereby give authori-
zation for .the filing of this application. Further, I/WE DO BY
MY/OUR SIGNATURES) ON THIS AGREEMENT, absolve the City of Santa
Clarita of all liabilities regarding any deed restrictions that
nay be applicable to the* property described herein_. (Signature
of all property owners needed. -OUNER _TN ESCROW IS NOT ACCEPTABLE.
Use extra sheets if needed)
Print name J Signature Date
Print name
Signature
Date
Print name' Signature Date
Print name Signature Date
CFRTIFI rAT ION:
i hereby certify that the Information contained in this application Is true and corre+
to the best of my knowledge and bel lef
Sicned r �t, /-.` %' "• 1 Cate
(Subdivider or SubAlvlder's Agent)
+
2- v
In order for members of the Planning Commission or City Council to
adequately assess. the potential for conflict of interest fr. rendering decisions
on land use matters. the following information is required. Should the
applicantisl in the requested action be or include a partnership, the name of
the partnership and of all partners shall be printed below. Should the
applicant be a corporation, the name of the corporation and of all officers.of
said corporation shall be•printed below. If there are any other business or
joint venture parties, property owners, or individuals which have a financial
intorest in this action not otherwise covered as a partnership or corporation..
then their names shall be printed below.
PARTNERSHIP NAYZ
PROP°RTY OWNER(S)
rl� F�2GtccTs �NG
•CORPCRATION NAME
Prosiuent
Vice President
Secretary
Other
I HEREBY CERTIFY THAT THE FOREGOING WOPWATION IS ACCURATE AND CCi;FLETE To THE
BEST OF MY KNOWLEDGE AND BELIEF.
Case File No.
Signature
Printed Name of Applicant. or Agent for.Applicant
Date
C.A.'Rasinussen Co. 1
Rasmussen Co. 2 C.A. Rasmussen Co. 3 .
2360 -.Shasta Way
W.A.
X2360 Shasta Way t�.2360
Shasta Way,;
'.'Sini=_Val:ley, CA 930.65`
Simi Valley, CA 93065`..
Simi Valley;. CA•93065
5
6
4
C.A. Rasmussen Co..
C.A. Rasmussen Co.
C.A. Rasmussen Co.
" 2360 Shasta Way
2360 Shasta Way
2360 Shasta Way
.Simi Valley, CA 93065
Simi Valley,-CA_93065
Simi Valley, CA 93065
7
8
9
C.A 'Rasmussen Co.
C.A. Rasmussen Co.
C.A..Rasmussen Co.
2360 Shasta Way
2360 Shasta Way '.
2360 Shasta Way
Simi Valley, CA 93065
Simi Valley, CA 93065
-Simi Valley, CA 93065
10
12
Edward W. Thompson et al
C.A. Rasmussen Co.
Newhall County.Water Dist
P.O. Box 230
2360 Shasta Way
23780 Pine Street
•Piru, CA 93040.
Simi Valley,'CA 93065
Newhall', CA 91322
13
14 :, :.
15
' C.A. Rasmussen Co.
C:A. Rasmussen Co.
C.A.'Rasmussen Co.
:•2360 Shasta Way
2360 Shasta Way
2360 Shasta Way
'Simi Valley, CA 93065
Simi Valley, CA 93065:'.
Simi Valley; CA 93065
16
17-
- 18
Curtis Construction Co.
Newhall County Water Dist..
.'Dennis B.`Schumucker,-:Tr
'.'P. O..Box 1367
23780 Pine Street
for Amer.. Home Mtge-FBO :.
Saugus, CA 91350
Newhall, CA 91322
P.-.0.. Box 2988
Costa Mesa,.CA 92626
.19
20
----- -- -------'21
' Southern Pacific Co.
Dennis.B. Schumucker, Tr
Patricia F. Balestra,TR .
1 Market Street
for Amer Home Mtge FBO
et al.M and F Jackson Trus-
rusSan
SanFrancisco, CA 94123
P. O: Box 2988
74 Barry Lane•-
Costa Mesa, CA'•92626
Atherton; CA 94025,
' 22
23
24:
Dennis B. Schumucker, Tr
Gorky Chin
Lowell Gaughan & Woodrow R
.for Amer Home Mtge FBO
27568 Oak Springs Cyn Rd
-York
P. O. -Box 2988
Canyon Country, CA 91351
P.' 0. Box 2509
Costa Mesa, CA 92626
Canyon Country, CA 91351
25
I 26.
27
State of California
iJohn H & Kathleen L.Maxey
Newhall County Water Dist.
15509 Oakdale Ave
23780 Pine Street
Tax Exempt Parcel
Woodland Hills, CA 91364
Newhall, CA 91322
28 29
M. & A. Ethel Moors Los Angeles County Flood
P. O. Box 92 I Control District
Saugus, CA 91351 900 S. Fremont Ave
!Alhambra, CA 91803
31 32
Unitdd--Citizens Mortgage Co: Southern Pacific Co.
9800 S. Sepulveda I 1 Market St.
Los s Angeles, CA 90045 San Francisco, CA
30
Walter D. Greer Tr.;:
Greer Family Trust
28445 N. Oak Springs CynRd
Canyon Country,.CA 91351
33
Warren H & Zetta L Sheehan
28458 Oak Springs Cyn Rd
Canyon Country, CA 91
34
Richard &•Phyllis Sloniker
15718 Rosehaven Lane
Canyon Country, CA 91351
37
Geo. D & Barbara J. Maycott
28412 Oak .Springs Canyon Rd.
Canyon Country, CA 91351
40a
John E & Jacqueline S Butler
28300 Oak Springs Cyn Rd
Canyon Country, CA 91351
William A & Sandra L Day
28132 Oak Springs Canyon Rd
Canyon Country, CA 91351
45
Lawrence M & Gail T McClain
27945 Graceton Dr.
Canyon Country, CA 91351
48
Jack D & Carol M Hibbs
28091 Oak Springs Canyon Rd
Canyon Country, CA 91351
51
Wm J & Diana C Schrey .
28123 Oak Springs Cyn Rd
Canyon Country, CA 91351
54
Clifford & Adrian Conforti
11538 Prager Ave
Lakeview Terrace, CA 91342
57
Jack D & Carol M Hibbs
28091 Oak Springs Cyn Rd
Canyon Country, CA 91351
Orlando & Paula Pena
29415 San Francisquito
Saugus, CA 91350
35 '
An
J. Barberg
Cyn R� 525 S. Glenwood P1
Burbank, CA 91506
38
Lawrence'A & Sandra Albrecht
15850.W. Whitewater Cyn Rd
Canyon Country, CA 91351
40b
Karen & Virgil Werner
28270 Oak Springs Cyn Rd
Canyon Country, CA 91351
42 43
Wayne W & Doris M. Boydston
P. 0. Box 1022
Canyon Country, CA 91351
46
Wallace E & Carolyn L Weaver
28082 Oak Springs Cyn Rd
Canyon Country, CA 91351
49
David J & Rose M Clark
28111 Oak Springs Cyn Rd
Canyon Country, CA 91351
M
39
Lowell & Patricia Sword
28304 Oak Springs Canyon Rd
Canyon Country, CA 91351
John D & Patriacia Tohill
19443 Old Friend Rd
Canyon Country, CA 91351
44
Mark L & Linda A Hanson
27944 Graceton Dr.
Canyon Country', CA 91351
Ron & Lucy Nordeen .
28024 Oak Springs Cyn Rd
Canyon Country, CA 91351
David J & Rose M Clark
28111 Oak Springs Cyn Rd
Canyon Country, CA 91351
50
52 53
Wm J & Diana C Schrey Florindo H & Natalie Arklan'
28123 Oak Springs Cyn Rd 15834 Warm Springs Dr
Canyon Country, CA 91351 Canyon Country, CA 91351
55 56
Soloman E & Kimberly M Polen Robert A & Cynthia Couto
28350 Oak Springs Cyn Rd 28163 Oak Springs Cyn Rd
Canyon Country, CA 91351 Canyon Country, CA 91351
ENGINEER
Sikand Engineering Associates
15230 Burbank Blvd.
Van Nuys, CA 91411