HomeMy WebLinkAbout1990-11-13 - AGENDA REPORTS - ANNEX AGMT OAK SPRINGS RD (4)PUBLIC HEARING
DATE:
SUBJECT:
APPLICANT:
DEPARTMENT:
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AGENDA REPORT
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City Manager Approval
741?5��'
Item to be presented by:
Lynn M. Harris
November 13, 1990
Annexation Agreement 90-01 located at the easterly terminus
of Oak Springs Road.
Prime West, Inc.; Batts Vujicic, John Cosselman
Community Development
BACKGROUND
The applicant; Prime West, Inc., is 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, along with Tract 34466, been
required to.construct several major improvements in the Oak Springs area prior
to construction of any homes.
On April 3, 1990, the Planning Commission approved Vesting Tentative Tract Map
47803, Oak Tree Permit 89-049 and recommended approval of Prezone 89-04. The
development would consist of 140 single family homes on 160 acres at the
easterly terminus of Oak Spring Canyon Road adjacent to the Angeles National
Forest. The project will also include the removal of 37 living native oaks.
On May 22, 1990, the City Council approved Prezone 89-04 which zoned the site
A-1-1 (Light Agricultural 1 acre minimum lot size). On September 11, 1990
LAFCO recorded the annexation of the property to the City.
RECOMMENDATION
1. Approve the attached Negative Declaration with the finding.that the
proposed project will not have a significant effect on the environment.
2. Approve Annexation Agreement 90-01 based on the required findings.
3. Introduce the attached ordinance, waive further reading, and pass to the
second reading.
Ordinance 90-33
Staff Reports
Negative Declaration
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Agenda Item: -- -
• 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
8.
Discussion by Council
9.
Council Decision
10. Mayor Announces Decision
CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
TO CONSIDER A REQUEST FOR AN ANNEXATION & DEVELOPMENT AGREEMENT
90-01 LOCATED AT THE EASTERLY TERMINUS OF OAK SPRINGS ROAD
ADJACENT TO THE ANGELES NATIONAL FOREST
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City of Santa
Clarita for consideration of an Annexation & Development Agreement 90-01
located at the easterly terminus of Oak Springs Road adjacent to the Angeles
National Forest to allow a 12 year time period to complete the build out of
this project; applicant is Prime West, Inc.
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.
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:/D/9/?d
Donna M. Grindey
City Clerk
Publish Date: October 24, 1990
ORDINANCE NO. 90-33
A ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA..
ALLOWING THE CITY TO ENTER.INTO
ANNEXATION AND DEVELOPMENT AGREEMENT 90-01 FOR ANNEXATION 89-04,
VESTING TENTATIVE TRACT MAP 47803'AND OAK TREE PERMIT 89-049
WHEREAS, the subject parcel consists of 160 acres located south of
Oak Springs Canyon Road, adjacent to the Angeles National Forest
WHEREAS, applications for a vesting tentative tract map,,and related
entitlements have been considered and approved by the Planning Commission of
the City of Santa Clarita on April 3, 1990; and
WHEREAS, applications for prezoning and annexation have been
considered and approved by the City Council of the City of Santa Clarita on
May 22, 1990; and
WHEREAS, determination has been made by the Planning Commission and
the City Council that a mitigated Negative Declaration be certified for these
applications; and
WHEREAS, the proposed Annexation Agreement does.not alter the
environmental factors previously considered for these approved -applications;
and
WHEREAS, the City Council has determined that the existing certified
Mitigated Negative Declaration adequately addresses the proposed Annexation
Agreement for Annexation 89-04.
NOV, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Santa Clarita does hereby certify the Mitigated Negative Declaration and
approves Annexation Agreement'90-01.
SECTION 1. 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 (4Z) 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 contest 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 2 This ordainance shall become effective 30 days after
adoption or recordation of a notice of agreement, whichever occurs last.
SECTION 3 The City Clerk shall certify to the adoption of this
ordinance and shall cause the same to be published as required by law.
ATTEST:
PASSED, APPROVED AND ADOPTED this day of 1990.
MAYOR.
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY -OF SANTA CLARITA)
I, City Clerk of.the City of Santa
Clarita, do hereby certify that the foregoing Ordinance No..90--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
Recording Requested By
and When Recorded Return to:
CITY CLERK
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 THE VUJICIC FAMILY TRUST,
THE STAMEGNA FAMILY TRUST AND THE
SCHIAPPA FAMILY TRUST RELATIVE TO THE DEVELOPMENT OF
OAK PARK ESTATES
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO
PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE S65868.5
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 the Vujicic Family Trust,'
the Stamegna Family Trust, and the Schiappa Family Trust (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 consists of bona fide recorded family trusts in
good standing and collectively these family trusts are the owners of or have
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 160 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. 47803 (the "Tract Map").
(2) Oak Tree Permit No. 89-049.
(3) Zone Change, Prezone No. 89-004.
The development as proposed by the Developer for the Project Site will consist
of 140.single family homes and related amenities (the "Project").
E. On April 3, 1990, following the public hearing conducted on
March 20, 1990, the Planning Commission of the City adopted its Resolution No.
P90-14 approving the Tentative Tract Map.and Oak Tree Permit and recommending .
that the City Council prezone the Project Site to the A-1-1 Zone, and certify
the negative declaration in connection with such actions. On
1990, the. Planning Commission of the City, held a public hearing on the.
Developer's application for this Agreement.
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F. On 1990, the City Council of the City adopted
its Resolution No. initiating annexation proceedings for the Project
Site (the "Annexation"). On May 22, 1990, following a public hearing
conducted on May 8, 1990, the City Council of the City adopted Ordinance No.
90-11, approving the prezoning of the Project Site to the A-1-1 Zone.
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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.
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.
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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. A negative declaration 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 publicservicesappropriate 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
NOV, 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:
requires:
1. Definitions. In this Agreement, unless the context otherwise
(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.
(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.
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(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 independent entity
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 140 detached, single family residences
and related amenities.
(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 maybe amended, and (ii) the
Applicable Rules.
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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
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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 note
limited to:
o An access road from Soledad Canyon Road through Tract 34466 and
through Tract 47803 to the southerly tract boundary of Tract
47803.,
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.
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 if 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.
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o Sever mains and "backbone" utility systems across Tract 34466 so
as to reach, connect, and service Tract 47803.
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, Graceton 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 is 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.
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.
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(b) Consistency With 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. With 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 Vesting Tract Map 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
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.
8. Review of Compliance
(a) Periodic Review. The City shall review this Agreement _
annually, on or before the anniversary of the Effective Date, in
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.
H
(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 Developertodemonstrate 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
good faith with the terms of this Agreement, then the Community
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
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.
-10-
• 0
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.
In addition to specific provisions of this Agreement, performance
by either Party hereunder shall not 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.
il. 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.
-11-
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 tomake 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
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 R. Newton, City Attorney
C/o Burke, Williams & Sorensen
624 South Grand Avenue,
11th Floor
Los.Angeles, California 90017
If to Developer: The Vujicic Family Trust
973 S. Westlake Blvd.
Suite 103 '
Westlake,Village, California 91361
The Stamegna Family Trust
15342 -Hawthorne Blvd.
Lawndale, California 90260
The Schiappa Family Trust
220 S. Pacific Coast Highway
Suite 112
Redondo Beach, California 90277
-12-
Sikand Engineering
15230 Burbank Blvd.
Van Nuys, California 91411
Attention: Ron Horn
With a copy to: Steve Anderson
800 W. 1st Street
Suite 200
Los Angeles, CA 90012
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 be 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.
17. Waiver. No waiver of any provision of this Agreement, shall be
effective unless in writing and signed by a duly authorized representative of
the Party againstwhom 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 provisions of this 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.
-13-
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 be an 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.
I
-14-
IN WITNESS WHEREOF, the Parties have each executed this Agreement of
the date first written above.
CITY OF SANTA CLARITA
Dated: 1990 BY
Mayor
[ATTACH INDIVIDUAL ACKNOWLEDGMENTS FOR FEE OWNERS]
ATTEST:
DONNA GRINDEY, CITY CLERK
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 following vote of the
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
DONNA GRINDEY, CITY CLERK
[ATTACH EXHIBITS A AND B]
CITY OF SANTA CLARITA
STAFF REPORT
ANNEXATION AGREEMENT 90-01
DATE: September 18, 1990 N
TO: /Chairman Yathwaite and Members of the Planning Commission
FROM: � Lynn Norris, Director of Community Development
APPLICANT: Prime West Inc.
LOCATION: South of the terminus.of Oak Springs Canyon Road, west of the
Angeles National Forest.
REQUEST: The applicant is requesting to enter into a formal agreement to
allow for a 12 year build out for Vesting Tentative Tract Map 47803
and Oak Tree Permit 89-049.
BACKGROUND:
This site has been before the Commission in March of this year and received
approval at that time. The case was approved as Vesting Tentative Tract Map
47803 and Oak Tree Permit 89-049. The City.Council approved Prezone 89-004 on,
May 22, 1990. The project consists of 140 single family homes on 160 acres in
the Oaks Springs Canyon area.
PROJECT DESCRIPTION:
The proposal is to establish an agreement between the applicant and the City
to allow complete buildout of the project. The applicant was conditioned to
receive no residential building permits until the northerly access is
constructed and available for travel, including the bridge and railroad
underpass. Furthermore, he has made commitments to neighbors for construction
of paving and a water main in a timely manner. All of this will precede his'
ability to build any homes.
The applicant is requesting a 12 year time frame to complete the project and
install all required offsite. improvements. This agreement is identical to the
Annexation Agreement for Tract 34466.
ENVIRONMENTAL STATUS:
State law requires all "projects" receive an environmental review and
determination. An •Initial Study" (attachment "A") was prepared and certified
for this project during the Public Hearings for the Prezone and Tract. Since
there is no change in the project an identical negative declaration was
prepared for this proposal
24
RECOMMENDATION:
It is the opinion of staff that the application has regional benefits and
therefore the staff's recommendation is for approval.
1) Approve the attached Negative Declaration with the finding that the
proposed project will not have a significant effect on the environment.
2) Recommend approval to the City Council of the Annexation Agreement
90-01 based on the required findings.
.3) Adopt the attached Resolution P90-48.
s!I
3-a
i •
CITY OF SANTA CLARITA
N E G A T I V E D E C L A R A T I O N
CERTIFICATION DATE: April 3. 1990
APPLICANT: Prime West. Inc.
TYPE OF PERMIT: Vesting Tentative Tract Man 47803
Prezone 89-04, Oak Tree Permit 89-049
FILE NO.:
LOCATION OF THE PROJECT: South of Oak Springs adjacent to the National
Forest.
DESCRIPTION OF THE PROJECT: Proposal to subdivide ±160 acres into 140
single family residences and to remove 46 oak trees. The site is currently
vacant flat land.
[ ] City Council
It is the determination of the [X] Planning Commission
[ ] Director of Community Development
upon review that the project will not have a significant
effect upon the environment.
Mitigation measures [X] are attached
[ ] are not attached
Form completed by:
Fred Follstad, Assistant Planner
(Name and Title)
Date of Public Notice: March 1. 1990
[X] Legal advertisement.
[X] Posting of properties.
[X] Written notice.
s •
CITY OF SANTA CLARITA
NEGATIVE DECLARATION
CERTIFICATION DATE: May 22.1990
APPLICANT: Prime West, Inc.
TYPE OF PERMIT: Prezone 89-004
FILE NO.:
LOCATION OF THE PROJECT: South of Oak Springs adjacent to the National
Forest.
DESCRIPTION OF THE PROJECT: Proposal to subdivide ±160 acres into 140
single family residences and to remove 46 oak trees. The site is currently
vacant flat land.
[X] City Council
It is the determination of the [ ] Planning Commission
[ ] Director of Community Development
upon review that the project will not have a significant
effect upon the environment.
Mitigation measures [X] are attached
[ ] are not attached
Form completed by:
(Signature)
Fred Follstad, Assistant Planner
(Name and Title)
Date of Public Notice: March 1. 1990
[X] Legal advertisement.
[X] Posting of properties.
[X] Written notice.
ENVIRONMENTAL ASSESSMENT
(Initial Study Form B)
CITY OF SANTA CLARITA
VTTM 47803
CASE NO. Prezone 89-03 Prepared by: Fred Follstad
Oak Tree Permit 89-049
Project Location: South of Oak Shrines adjacent to the National Forest.
Project Description and Setting: The applicant is proposing to subdivide
±160 acres into 140 single family residences and to remove 46 oak trees.
The site is currently vacant flat land.
General Plan Designation W. N-1. HM
Zoning: A-1-1
Applicant: Prime West. Inc.
Environmental Constraint Areas: National Forest, Fire Zone 4. Oaks
A. ENVIRONMENTAL EFFECTS
YES MAYBE NO
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes
in geologic substructures? .................. [X] [ J [ ]
b. Disruptions, displacements, compaction
or overcovering of the soil? ............... [X] [ ] [ ]
C. Change in topography or ground surface
relief features? ........................... [X] [ I [ ]
d. The destruction, covering or modification
of any unique geologic or physical
features? ................................... [ 1 [X1 [ 1
e. Any increase in wind or water erosion of
soils, either on or off the site? .......... [X] [ ] [ ]
f. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar
hazards? ................................... [XI [ I [ I
g. Changes in deposition, erosion or
siltation? ................................. [X1 [ I [ I
h. Other modification of a wash, channel,
creek, or river? ........................... [X] [ ] [ ]
2.
3.
i
- 2 -
YES MAYBE NO
i.
Earth movement (cut and/or fill) of 10,000
cubic yards or more? .......................
[X] [ ] [ ]
j.
Development and/or grading on a slope
greater than 25Z natural grade? ............
[X] [ ] [ ]
k.
Development within the Alquist-Priolo
Special Studies Zone? ......................
[ ] I ] [X]
1.
Other?
[ ] [ ] [ ]
Air.
Will the proposal result in:
a.
Substantial air emissions or deterioration
of ambient air quality? ....................
[X] I ] [ ]
b.
The creation of objectionable odors? .......
[X] [ ] [ ]
C.
Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally? ..............
[ ] [ ] [X]
d.
Development within a high wind hazard
area? ......................................
I ] I ] IX]
e.
Other?
[ ] [ ] [ ]
Yater. Will the proposal result in:
a.
Changes in absorption rates, drainage
patterns, or the rate and amount of
surface runoff? ............................
[X] [ ] [ ]
b.
Alterations to the course or flow.of
flood waters? ..............................
[X] I ] I ]
C.
Change in the amount of surface water
in any water body? .........................
[ ] [X] I ]
d.
Discharge into surface waters, or in any
alteration of surface water quality, in-
cluding but not limited to temperature,
dissolved oxygen or turbidity? .............
[ ] [ ] [X]
e.
Alteration of the direction or rate of
flow of ground waters? .....................
[ ] [X] [ ]
f.
Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavations? ............
[ ] [X] [ ]
g.
Substantial reduction in the amount of
water otherwise available for public
water supplies? ............................
[ ] I ] IX]
- 3 - •
YES MAYBE NO
h. Exposure of people or property to water
related hazards such as flooding? .......... [ ] [X] [ ]
i. Other? [ ] [ ] [ J
4. Plant Life. Will the proposal result in:
a.
Change in the diversity of species or number
of any species of plants (including trees,
shrubs, grasses, crops, and microflora)? ...
[X] [ ] [ ]
b.
Reduction of the numbers of any unique,
rare or endangered species of plants? ......
[X] [ ] [ ]
C.
Introduction of new species of plants into
an area, or in a -barrier to the normal re-
plenishment of existing species? ...........
[X] [ ] [ ]
d.
Reduction in acreage of any agricultural
crop? ......................................
[ ] [ ] [XJ
5. Animal Life. Will the proposal result in:
a.
Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
insects or microfauna)? ....................
[X] [ ] [ J
b.
Reduction of the numbers of any unique,
rare or endangered species of animals? .....
[ ] [X] [ ]
C. Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals? ...... [X] [ ] [ ]
d. Deterioration to existing fish or wildlife
habitat and/or migratory routes? ........... [ ] [X] [ ]
6. Noise. Will the proposal result in:
a. Increases in existing noise levels? ........ [X] [ ] [ ]
b. Exposure of people to severe or
unacceptable noise levels? ................. [ ] [X] [ ]
C. Exposure of people to severe vibrations? ... [ ] [X] [ ]
7. Light and Glare. Will the proposal produce
substantial new light or glare? ................. [X] [ ] [ J
8. Land Use. Will the proposal result in:
a. Substantial alteration of the present
land use of an area? ....................... [X] [ ] [ J
b. A substantial alteration of the
planned land use of an area? ............... [ ] [ ] [X]
- 4 - •
YES MAYBE NO
C.
A use that does not adhere to existing
zoning .laws? ...............................
[ ]
d.
A use that does not adhere to established
development criteria? ......................
[ ]
9. Natural Resources. Will the proposal result in:
a.
Increase in the rate of use of any natural
resources? .................................
[X]
b.
Substantial depletion of any nonrenewable
natural resources? .........................
[X]
10. Risk
of Upset/Man-Made Hazards. Will the proposal:
a.
Involve a risk of an explosion or the release
of hazardous substances (including, but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions? ..........................
[X]
b.
Use, store, transport or dispose of hazard-
ous or toxic materials (including, but not
limited to, oil, pesticides, chemicals or
radiation)? ................................
[X]
C.
Possible interference with an emergency
response plan or an emergency evacuation
plan? ......................................
[ I
d.
Otherwise expose people to.potential safety
hazards? ...................................
[ ]
11. Population. Will the proposal:
a. Alter the location, distribution,
density, or growth rate of the human
population of an area? ....................
b. Other?
12. Housing. Will the proposal:
a. Remove or otherwise affect existing
housing, or create a demand for
additional housing? ........................ [ ] [ ] [X]
b. other? [ ] [ ] [ ]
13. Transportation/Circulation. Will the proposal
result in:
a. Generation of substantial additional
vehicular movement? ........................ [X] [ ] [ ]
•
- 5 -
E
YES MAYBE NO
b. Effects on existing parking facilities,
or demand for new parking? ................. [ ] [ ] [X]
C. Substantial impact upon existing
transportation systems, including public
transportation? ............................ [ l [ ] [X]
d. Alterations to present patterns of
circulation or movement of people
and/or goods? .............................. [ ] [ l [Xl
e. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians? ....... [ ] [X] [ ]
f.
A disjointed pattern.of roadway
improvements? ..............................
[ l
[ l [Xl
14. Public Services. Will the proposal have an effect
other governmental services? ...............
[ ] [ ]
upon,
or result in a need for.new or altered govern-
mental services in any of the following areas:
Use of substantial amounts of fuel or
a.
Fire protection? ...........................
[X]
[ ] [ ]
b.
Police protection? .........................
[ ]
[ ] [X]
C.
Schools? ...................................
[X]
[ I [ ]
d.
Parks or other recreational facilities? ....
[X]
[ ] [ J
e.
Maintenance of public facilities,
including roads? ...........................
[ ] [ l
[Xl
f.
other governmental services? ...............
[ ] [ ]
[X]
15. Energy. Will the proposal result in?
a.
Use of substantial amounts of fuel or
energy . ....................................
[X] [ l
[ l
b.
Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of energy?
[ ] [ ]
[X]
16. Utilities. Will the proposal result in a need
for
new systems, or substantial alterations to
the
following utilities:
a.
Power or natural gas? ......................
[ ] [ ]
[X]
b.
Communications systems? ....................
[ ] [ ]
[X]
C.
Water systems? .............................
[X] [ l
[ l
d.
Sanitary sewer systems? ....................
[X] [ ]
[ ]
e.
Storm drainage systems? ....................
[X] [ ]
[ ]
11
0
YES MAYBE NO
f. Solid waste and disposal systems? .......... [ ] [ ] [X]
g. Will the proposal result in a disjointed
or inefficient pattern of delivery system
improvements for any of the above? ......... [ ] [ ] [X]
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)? ... [ ] [ ] [X]
b. Exposure of people to potential health
hazards? ................................... [ ] [ ] [X]
18. Aesthetics. Will the proposal result in:
a. The obstruction of any scenic vista or
view open to the public? ................... [ ] [X] [ ]
b. Will the proposal result in the creation
of an aesthetically offensive site
open to public view? ....................... [ ] [X] [ ]
C. Will the visual impact of the proposal
be detrimental to the surrounding area? .... [ ] [ ] [X]
19. Recreation. Will the proposal result in an
impact upon the quality or quantity of existing
recreational opportunities? ..................... [ ] [ ] [X]
20. Cultural Resources.
a. Will the proposal result in the alteration
of or the destruction of a prehistoric or
historic archaeological site? .............. [
] [X] [ ]
b. Will the proposal result in adverse physical
or aesthetic effects to a prehistoric or
historic building, structure, or object? ... [
] [ ] [X]
C. Does the proposal have the potential to
cause a physical change which would affect
unique ethnic cultural values? ............. [
] [ ] [X]
d. Will the proposal restrict existing
religious or sacred uses within the
potential impact area? ...................... [
] [ ] [X]
Discussion of Impacts.
Section Subsection Evaluation of Impact
is. The site contains collapsible soils (applicant's Geologic Study).
ib. There will be displacement, compaction, overcovering and .
disruptions of the soil associated with the development
(applicant's Geologic Study).
1c. There will be grading cuts up to 60 feet deep and 35 feet of fill
to prepare the site for development. (applicant's Initial Study).
Id. There are no features visible (site visit).
le. The removal of natural vegitation and change of topography will
increase erosion (Community Development and Geologic Study).
if. The site contains collapsible soils and key ways (applicant's
Geologic Report).
lg. The channelization of Oak Springs Wash could alter this downstream
(Public Works).
lh. There is a concrete channel associated with this project (Geologic
Report).
li. The applicant is proposing to move 460,000 cubic yards of earth
(submitted,application).
lj. The applicant is developing 37 acres of slope over 25Z
(applicant's Slope Analysis).
lk. The site is not located on the Alquist-Priolo Special Studies Maps.
2a. There will be an increase in emissions during the construction
phase. There will be an increase in emissions with the
development of 140 homes creating 1,400 vehicle trips per day
(Community Development and applicant's Traffic Report).
2b. During the construction phase, diesel engine fumes may be present
(Community Development).
2c. This project is not to a scale or type that could affect the
climate (Community Development).
2d. The area is not in a known wind hazard area (Community
Development).
3a. The project will alter the absorption rate and.drainage patterns
by the introduction of impervious surfaces and channelization of
Oak.Springs Wash (Hydrology Report).
0
- 8 -
Discussion of Impacts.
Section Subsection Evaluation of Impact
i
3b. The project will change the flow by the channelization of Oak
Springs Wash (Hydrology Report).
3c. The project ultimately drains into the Santa Clara River (USGS
Topographic Maps).
3d. The project is not the type or size to alter water quality (Public
Works).
3e. There is no known alteration of ground waters to occur (Hydrology
Study).
3f. There is no known aquifers that will be altered at this time
(Hydrology Study).
3g. There will be minimal water usage associated with this -residential
development (Community Development).
3h. There could be flooding downstream from this project (Public
Works).
4a. Approximately 80I of the site will be graded removing all natural
vegetation (Community Development).
4b. The applicant is proposing to remove 46 of the native oak trees on
the site (applicant's Oak Tree Report).
4c. There will be the introduction of non-native plants associated
with residential development (Community Development).
4d. The site is not under agricultural uses (site visit).
5a. The development of the site will reduce the available natural
habitat forcing them back to the National Forest to the east
(Community Development).
5b. The unarmored three -spine stickleback fish is known to habitat in
the Santa Clara River which is within one mile of the site
(Community Development maps).
5c. There will be the introduction of domesticated animals not known
to exist on the site currently (site visit).
5d. The Santa Clara River is located within one mile of the site
(Community Development Maps).
6a. There will be two types of noise increases. One level is
associated with the construction actively and the other is
associated with residential development (Community Development).
r
M!W
Discussion of Impacts.
Section Subsection Evaluation of Impact
40
6b. There is an existing railroad within 3,000 feet of the site
(Community Development Maps).
6c. The development during construction could result in vibrations
depending on equipment used (applicant's Acoustical Analysis).
7 There will be an increase of light which is naturally associated
with residential development (Community Development)..
8a. The site is currently vacant natural land (site visit).
8b. The City of Santa Clarita has not adopted a General Plan, but in
the preliminary drawings, the site will be consistent with the
General Plan (Community Development Maps).
8c. The site is currently zoned A-1-1 which is one acre minimum lot
size. The application shows one acre as the smallest lot size
(Tentative Map, Santa Clarita Maps).
8d. The development is subject to all provisions of the Zoning
Subdivision Codes (Title 21 & 22 of the City Code).
9a. The project will use natural resources associated with residential
development (Community Development).
9b. The project will use non-renewable resources associated with
residential development (Community Development).
10a. The site is within 3,000 ft. of a railroad on which hazardous
materials may be carried (Community Development).
lob. There will be hazardous materials such as paint, oil, etc. used
with the proposed single family residences (Community Development)
loc. The site with its proposed roads will help in decreasing this
impact (Community Development).
lod. No other safety hazards are known at this time (Community
Development, applicant's Environmental Analysis).
Ila. All areas around the proposed development are primarily
undeveloped (site visit).
12a. There are no existing residences on the site (site visit).
13a. The project will result in 1,400 vehicle trips per day
(applicant's Traffic Study).
13b. All parking for the project will be handled on site (site map).
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Discussion of Impacts.
Section Subsection Evaluation of Impact
13c. The site will not affect the public transportation systems
(Traffic Study).
13d. The project with proposed improvements create a more concise
circulation pattern (Traffic Analysis).
13e. The project with.proposed improvements is designed to be safe if
proper vehicle laws are obeyed (Community Development).
13f. The applicant along with an adjacent developer will be creating a.
new secondary link to an existing major highway (applicant's
Traffic Report).
14a. The nearest fire station is located 2.5 miles from the site. The
site is located within Fire Zone 4 (Community Development Maps,
L.A. County 'Fire Dept.).
14b. No alteration of police services is anticipated (L.A. County
Sheriff's Dept.)
14c. All schools in the Santa Clarita Valley are overcrowded (William
S. Hart and Sulpher Springs School District).
14d. The applicant is proposing equestrian trails and a staging area on
this development (site plan, Parks and Recreation).
14e. There will be interior roads which are built to City standards
(Community Development).
14f. No effects on additional services are known (Community
Development).
15a. The fuel and energy used will be those associated with residential
construction and occupancy (Community Development).
15b. The site will not contribute to a substantial increase in demand
for energy (Community Development).
16a. Both utilities have submitted letters stating that they can serve
the project (So. Cal. Gas Co., So. Cal. Edison).
16b. The.site can be serviced by this utility (Pacific Bell).
16c. The site is currently not served by the.water company (Santa
Clarita Water).
16d. The site is currently not serviced by a.sanitation district (L.A.
County Sanitation District).
C
Discussion of Impacts.
•
Section Subsection Evaluation of Impact
16e. The site contains a unimproved drainage channel (Public Works).
16f. There will not be a need for additional solid waste systems
(Community Development).
16g. No inefficient delivery system is anticipated (Community
Development).
17a. The creation of a health hazard is not anticipated as this is a
residential development (Community Development).
17b. No health hazards are known (applicant's Environmental Report).
18a,b. The site is adjacent to a National Forest (Community Development
Maps).
18c. The area is in an area with existing ranches (site visit).
19. The project will be increasing the recreational opportunities by
installing equestrian trails (Parks and Recreation).
20a. No known archaeological finds are on the site, though there are
some in the area (ESRI, applicant's Archaeological Report).
20b,c,d No known cultural sites or activities are known (applicant's
Archaeological Report).
12 -
B. DISCUSSION OF PAYS TO MITIGATE THE SIGNIFICANT EFFECTS IDENTIFIED
la,d,f The applicant shall follow, all conditions addressed in the
submitted Soils/Geology Report.
lb,c,j The majority of the required grading is to accommodate the
road system and to link existing roads. The applicant shall
also use contour grading whenever possible.
le The applicant shall take all precautions to reduce this per
City Codes.
lg,h The channel will be built to City standards which will
modify the situation.
2a,b, This impact is only short term, therefore, a -minimal impact.
3a,b,c,e,f,h The applicant shall follow all conditions of the Public
Works Department and the Drainage Concept/Hydrology Report.
4a,b,c The applicant shall replace the oaks according to N.S.A.
Standards. The applicant shall try to leave as much land
natural as possible and follow the City's Oak Tree Ordinance.
5a,b,c,d This impact is unavoidable with any development on the site.
6a,b,c This impact is only short term, therefore, a minimal impact.
7,8a,b This impact is unavoidable with any development of the site.
9a,b The construction will include evergy saving devices per the
Building Codes.
10a,b The applicant shall use and dispose of the materials as
required by law.
lla This impact is unavoidable for any residential development.
13a,e The applicant shall install all road improvements required
in the conditions of approval.
14a,c,d The applicant shall provide an agreement with the school
districts. The applicant shall follow all required
provisions of Fire Zone 4 and maintain the trails and
facilities.
15a This impact is unavoidable with any development.
16c,d,e The applicant shall bear the costs of the required
improvements and upgrades.
18a,b The applicant is to have a 100 foot buffer between the
development and the National Forest.
20a The standard stop -work condition will be applied to this
project.
4
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C. MANDATORY FINDINGS OF
s
Section 15065 of the California Environmental Quality Act states, in
part, that if any of the following can be answered yes or maybe, the
project may have a significant effect on the environment and an
Environmental Impact Report shall be prepared.
YES MAYBE NO
1. Does the project have the potential to degrade
the quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self sus-
taining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods
of California history or prehistory? ................. [ ] [ ] [X]
2. Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on the
environment is one which occurs in a relatively
brief, definitive period of time while long-term
impacts will endure well into the future.) ........... [ ] [ ] [X]
3. Does the project have impacts which are
individually limited but cumulatively considerable?
(A, project may impact on two or more separate
resources where the impact on each resource is
relatively small, but where the effect of the total
of those impacts on the environment is significant.) .. [ ] [ ] [X]
4. Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly? ......... [ ] [ ] [X]
D.
On the basis of this Initial Study, it is determined that:
The proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION
WILLBE PREPARED . .................................... [ ]
Although the proposed project COULD have a significant
effect on the environment, there WILL NOT be a
significant effect in this case because the
mitigation measures described in this Initial Study
have been added to the project. A NEGATIVE DECLARATION
WILLBE PREPARED ..................................... [X]
The proposed project MAY have a significant effect on
the environment, and an ENVIRONMENTAL IMPACT REPORT
is required . ......................................... [ l
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY OF SANTA CLARITA, CALIFORNIA
March 1, 1990
Date Signature
Fred Follstad, Assistant Planner
Name and Title