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HomeMy WebLinkAbout1990-10-09 - AGENDA REPORTS - ZC IN PLACERITA CYN (2)0 I 6 AGENDA REPORT City Manager Approval Item to be presented VV Lynn H. Harris IN PUBLIC HEARING 6e DATES October 9, 1990 - SUBJECTS TONE CHANGE 89-31 A-2-1 (HEAVY AGRICULTURAL, 1 ACRE MINIMUM LOTS) TO A -1-20,0W (SINGLE FAHILY RESIDENTIAL, 20,000 SQ FT HINU M LATS) FOR'10 ACRES IN PIACERITA CANYON. DEPARTMENTi Community Development BACKGROUND The applicant, Richard and Helen Smith, requests a change of zone from the existing A-2-1 zoning to A-1-20,000. The proposed project is located in:_ Placerita Canyon, and is bounded by Placeritos Boulevard, North Cast Avenue, Oak Orchard Road, and Aden Avenue. At its meeting on August 7, 1990, the Planning Commission unanimously approved Tentative Tract Map 46878 and Oak Tree Permit 89-18 and recommended approval -of the zone change to the City Council in Planning Commission Resolution P90-36. A number of people testified at the Planning Commission Hearing and two letters, as of the date of this report, were received. The issues raised in the public testimony included: 1. The traffic from the subdivision should not empty onto Aden Avenue. 2. No oak trees should be removed. 3. Noroadwidenings or improvements should take place. 4. No street lights or sidewalks should be included. 5. Limit the homes to one (1) story. 6. Require architectural review for the homes visible from Placeritos. Of the two letters received, one reiterated the above concerns, while another expressed concern regarding the storage.of trucks and trailers on the site. The owner has indicated in two letters, which are attached, that these will be removed. when they unanimously approved the project, the Commission modified the conditions that the staff originally drafted to reflect their concerns and those raised ,by the Public. As a result, the revised conditions approved by the Commission include language to mandate that: 1. "A" Street shall take access off of Placeritos Boulevard. All the lots shall take access to Placeritos Boulevard via "A" Street, except lots 15 and 16, which shall take access via Aden Avenue. 2. Placeritos Boulevard is to be improved only as necessary to accommodate the intersection with the proposed "A" Street. 3. Aden Avenue is to be improved only as necessary to accommodate the driveways for lots 15,and 16 and to address drat gec s. Ag®enc ��iffi: ORDINANCE 90-31; ZONE CHANGE 89-3 0 0 4. The applicant is to pay in -lieu costs for all the road improvements on all four sides of the project not built at this time. S. No oak tree removals are permitted. 6. The residences are limited to a height of one (1) story. 7. The homes visible from Placeritos Boulevard are subject.to architectural review, including the side and rear faces. S. The applicant must reach mitigation agreements with the applicable school districts. 9. No sidewalks, curbs or street lights are required or permitted. The map included in the packets implements the changes required by the Planning Commission. The staff report for the Commission, the negative declaration; the conditions of approval (as amended by the Planning Commission) for the tract map and the oak tree permit, and other related materialhasalso been included in the packet for your review. The site is 10.00 acres net in size. The approved tract map includes sixteen (16) single-family lots, and there are four (4) oak trees on the site. The project is consistent with the draft map under consideration by the General Plan Advisory Committee. A more complete discussion and evaluation of the project is availablein the staff report prepared for the Commission, a copy of which has been included for your review. The Commission approved the project unanimously. 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 Zone Change 89-3 based on the required findings. 3. Introduce the attached ordinance, waive further reading, and pass to the second reading. ATTACHMENTS Draft Ordinance No. 90-31 Adopted Planning Commission Resolution P90-36 Exhibit B -Conditions of Approval as adopted by the Planning Commission Planning Commission Minutes, Autust 7, 1990, meeting, Page 3 Staff Report to the Planning Comm. dated August 7, 1990 Vicinity Map & Project Proximity Map Land Use Map/Parcel Size Comparison, 700' radius School District Agreement Negative Declaration - Page 1 Financial Interest Disclosure Transit Impact Fee Agreement ORDINANCE 90-31;.ZONE CHANGE 89-3 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 0 CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REQUESTING APPROVAL OF ZONE CHANGE 89-3 FROM A-2-1 TO A-20,000 FOR THE PROPERTY BOUNDED BY PLACERITOS BOULEVARD, NORTH CAST AVENUE, OAK ORCHARD ROAD AND ADEN AVENUE 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 approval of Zone Change 89-3 from A-2-1 to A-1-20,000 for the property bounded by Placeritos Boulevard, North Cast Avenue, Oak Orchard Road and Aden Avenue. The City Planning Commission recommended approval of the zone change to the City Council on August 7, 1990, while approving Tentative Tract 46878 and Oak Tree Permit 89-18 for the same site. The proposal calls for a division of a ten (10) acre, lot into sixteen (16) single family lots. No oak tree removals are permitted. ,Trimming and deadwooding are approved for two of the trees. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 9th day of October, 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, 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 issued you or someone else raised at the public hearing described. in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: September 17, 1990 Donna M.Grindey City Clerk Publish Date:, September 19, 1990 0 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLSAM AHENDING THE 02PFICIAL.ZONn1G HAP (ZONE CHANGE CASE .90. 89-3) THE CITY COUNCIL OF THE CITY OF•SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS s SECTION 1. The City Council does hereby find and determine as follows: a. Applications for a Zone Change 89-3, Tentative Tract Hap 46878, and Oak Tree Permit 89-18 were filed at the City of Santa Clarita by Richard and Helen Smith on April 5, 1989. The applications relate to approximately 10.00 acres, which are currently vacant. The site, which has been used for equestrian events in the past year, is located in Placerita Canyon and is bounded by Placeritos Boulevard, North Cast Avenue, Oak Orchard Road, and Aden Avenue. The purpose of the tract.map is to subdivide the property into sixteen (16) lots for future single-family residences. The oak tree permit allows the deadwooding, trimming, and pruning of the two oaks on the northwest section of the property. There are four (4) California native oaks on the site. The zone change application requests a change in zone from A-2-1 to A-1-20,000. The Assessor's Parcel Number for the site is 3834-032-002. This project was last reviewed by the Development Review Committee of the City of Santa Clarity on Hay 10, 1990, and the applicant was provided with draft conditions of approval. A duly noticed public hearing was held on Tuesday, August 7, 1990 at the City of Santa Clarita City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6130 p.m. At that meeting, the Planning Commission adopted Resolution P90-36 approving the tentative tract map and the oak tree permit and recommending approval of the zone change to the City Council. d. The City Council .held a duly noticed public hearing to consider the zone change application on October 9, 1990, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6130 p.m. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon studies and investigation made by the City Council, and on its behalf, the City Council further finds.and determines as followsi a. The City of Santa Clarita is proceeding in a timely fashion with the preparation of a general plan. There is a reasonable probability that this project will be consistent with the.general plan proposal 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. b. The subject property is of a size and shape which lends itself to the proposed zone designation. The proposed zoning of A-1-20,000, if approved, would allow the proposed lots within the subdivision. c. Hodified conditions warrant a revision from the existing A-2-1 zone (heavy agricultural) as it pertains to this area. The proposed zoning is compatible with the single-family residential development and lot sizes already existing.. A heavy agricultural use, as permitted in the A-2-1 zone, would not be appropriate for this site because of the presence of single-family homes. d. The proposed zoning of A-1-20,000 is appropriate for this area. Host of the property within a 500' radius of the site is already zoned A-1-20,000. The proposed zoning is compatible with the draft General Plan designation for the area. e. The placement of the proposed zones at this location will be in the interest of public health, safety, and general welfare, and in conformity with good zoning practice. f. The change of zone will not result in a significant negative environmental effect. Implementation.of this proposal will cause no adverse effects in the environment which cannot be adequately mitigated through the application of available controls. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wild life or their habitat, since the project. site is not located in a significant ecological area. g. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. h. The housing needs of the region were considered -and balanced against the public service needs of local residents. i. The site has four (4) California native .oak trees. No oak tree removals or encroachments into the protected zones of the oak trees are permitted. Trees no.'s 1 and 2 will require trimming, pruning and deadwooding. SECTION 3. In making the recommendation contained.in this resolution, the Planning Commission has considered certain principles and standards, and finds and determines as follows ORDINANCE 90-31; ZONE CHANGE 89-3 a. The requested change in zoning will note Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area; or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the subject property; or Jeopardize, endanger orotherwise constitute a menace to the public health, safety or general welfare. b. The proposed site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and by other public or private service.facilities as are required. c. No oak tree removals or encroachments into the protected zones of the oak trees are required or permitted. Trimming, deadwooding and pruning will be necessary to enhance the health of oak trees (Tree no.'s 1 and.2). d. The approval of the request will not be contrary to or in conflict with the general purpose and intent of the Oak Tree Preservation Ordinance. e. Based upon a review of the submitted plan, the subject property is adequate in size and shape to accommodate the development features prescribed in the City's Hunicipal Code and otherwise required in order to integrate the proposed use of the subject property with the uses in the surrounding area. SECTION 4. The City of Santa Clarita City Council has reviewed and considered the environmental information contained -in the Initial Study, which was approved by the Planning Commission, and determines that it is in compliance with CEQA and that the proposed project will not have a significant impact on the environment. A mitigated negative declaration was prepared for this project. Based upon the findings stated above, the City Council hereby approves the mitigated negative declaration. SECTION S. Based upon the foregoing, the City Council does hereby ordain that the application for a zone change from A-2-1 to A-1-20,000 is approved. The zoning boundaries shall conform to the attached Exibit "A", Tentative Tract Hap 46878. The City Clerk shall certify to the adoption of this ordinance, and shall transmit a copy to the followings the applicant; the Departments of Public Works, Fire, and Parks and Recreation; the City Engineer; and shall give notice of this recommendation in the manner prescribed by Section 22.60.190 of the City's Planning and Zoning Code. ORDINANCE 90-31; ZONE CHANGE 89-3 PASSED, APPROVED AND ADOPTED this.9th day of October 1990. Jo Anne Darcy, MOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CIARITA) I, Donna Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 90 -31 -was regularly introduced and placed upon its first reading at a regular meeting of'the City Council on the 9th day of October, 1990, by the following -vote, to wit: AYES: COUNCIL tEKBERS NOES: COUNCIL HEMBERS ABSENT: COUNCIL HEHBERS ORDINANCE 90-31; ZONE CHANGE 89-3 THE PLANNING COHMISSION OF THE CITY OF SANTA CIARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find and determine as follows: a. Applications for a zone change, tentative tract map, and oak tree permit were filed at the City of Santa Clarity by Dick Smith on April 5, 1989. The applications relate to approximately 10.00 acres, which are currently vacant. The site, which has been used for.equestrian events in the past year, is located in Placerita Canyon and is bounded by Placeritos Boulevard, North Cast Avenue, Oak Orchard Road, and Aden Avenue. The purpose of the applications is to subdivide the property into sixteen (16) lots for future single-family residences. The application requests a change in zone from A-2-1 to A-1-20,000. The site also contains four (4) California native oaks, two (2) of which will have to be removed if Staff recommended road improvements on Placeritos Boulevard are implemented. Other road improvements require encroachment into the protected zone of a third oak tree. Pruning and deadwooding are necessary for the two trees remaining. The Assessor's Parcel Number for the site is 3834-032-002. b. This project was last reviewed by the Development Review Committee of the City of Santa Clarita on Nay 10, 1990, and the applicant was provided with draft conditions of approval. c. 'A duly noticed public hearing was held on Tuesday, August 7, 1990 at the City of Santa Clarity City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6130 p.m. -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 on its behalf, the Commission further finds and determines as follows: a. The City of Santa Clarita is proceeding in a timely fashion with the preparation of a general plan. There is a reasonable probability that this project will be consistent with the general plan proposal 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 RESO P9e-36 0 Zone Change 89-3, Tentative Tract Map 46878, Oak Tree Permit 89-18 state law and local ordinances. 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. 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 conditions of approval and on the tentative map, provides adequate protection for easements. c. Approval of this tentative tract map and oak tree permit will expire twenty-four (24) months from the date of approval. d. The subject property is of a size and shape which lends itself to the proposed use. e. The recommended subdivision will not result in a significant negative environmental effect. f. Implementation of this proposal will cause no adverse effects in the environment which cannot be adequately mitigated through the application of available controls. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wild life or their habitat, since the project site is not located in a significant ecological area. g. The proposed development is consistent with other proposed and existing developments. h. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities given the size and shape of the lots and their intended use. i. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. j. The housing needs of the region were considered and balanced against the public service needs of local residents. k. The proposed zoning of A-1-20,000, if approved, would allow the proposed lots within the subdivision. 1. The applicant has submitted a tentative sap which depicts the area proposed for the sixteen (16) lots within the subject property; along with future public streets, recreational facilities, oak trees and other typical details. m. The design of the subdivision and the type of improvements will not RE50 P90-36 Zone Change 89-3, Tentative Tract Hap 46878, Oak Tree Permit 89-18 cause serious public health problems, since sewage disposal, storm drainage, fire protecton, and geological and soils factors are addressed in the recommended conditions of approval. The discharge of sewage from the subdivisioin into the public sewer system will not violate the requirements prescribed by the California Regional Water Qaulity Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. n. The site has four (4) California native oak trees. No oak tree removals or encroachments into the protected zones of the oak trees are permitted. Trees no.'s 1 and 2 will require pruning and deadwooding. o. Hodified conditions warrant a revision from the existing A-2-1 zone (heavy agricultural) as it pertains to this area. The project is compatible with the residential development and lot sizes already existing. A heavy:agricultural use, as permitted in the A-2-1 zone, would not be appropriate for this site because of the presence of single-family homes. p. The proposed zoning.of A-1-20,000 is appropriate for this area. Host of the property within a 500' radius of the site is already zoned A-1-20,000. The proposed zoning is compatible with the draft General Plan designation for the area. q. The subject site is a proper location for the proposed zoning designations. The use, single-family homes, and the proposed lot sizes are compatible with the existing development pattern. r. The placement of the proposed zoned at this location will be in the interest of public health, safety, and general welfare, and in conformity with good zoning practice. s. The Los Angeles County Fire Department reviewed this project and their recommendations are included in the attached conditions of approval. t. The development program and attached conditions of approval provide the necessary safeguards to insure completion of the proposed development by the applicant. SECTION 3. In making the recommendation contained in this resolution, the Planning Commission has considered certain principles and standards, and finds and determines as followsi a. Based upon a review of the submitted plan, the subject property is adequate in size and shape to accomodate the development features prescribed in the City's Hunicipal Code and otherwise required in order.to integrate the proposed use of the subject property with the uses in the surrounding area. The requested uses at the property will not: 0 i Zone Change 89-3, Tentative Tract Map 46878, Oak Tree Permit 89-18 Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area; or Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the subject property; or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. b. The proposed site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and by other public or private service facilities as are required. c. No oak tree removals or encroachments into the protected zones of the oak trees will be required or permitted by this approval. Deadwooding and pruning will be necessary to enhance the health of oak trees (Tree no.'s 1 and 2). d. The approval of the request will not be contrary to or in conflict with the general purpose and intent of the Oak Tree Preservation Ordinance. SECTION 4. The City of Santa Clarita Planning Commission has reviewed and considered the environmental information contained in the Initial Study, and determines that it is in compliance with CEQA and that the proposed project will not have a significant impact on the environment. A mitigated negative declaration was prepared for this project. Based upon the findings stated above, the Planning Commission hereby recommends approvaX of the mitigated negative declaration. Pursuant to this, the Planning Commission hereby recommends approval of the zone change to.the City Council, and approves the tentative tract map (Exhibit A) and subject to the attached conditions of approval (Exhibit B). SECTION 5. The Secretary of the Planning Commission shall certify to the adoption of this resolution, and shall transmit a copy to the followings the applicant; the Departments of Public Works, Fire, and Parks and Recreation; the City Engineer; and shall give notice of this recommendation in the manner prescribed by Section 22.60.190 of the City's Planning and Zoning Code. RESO P90-36 Zone Change 89-3, Tentative Tract Map 46878, Oak Tree Permit 89-18 PASSED, APPROVED AND ADOPTED this 7th day of August, 1990. Rita G , airwoman Planning Commission I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the 7th day of August, 1990, by the following vote of the Commission: AYES: Commissioners: Garasi-.Brathwaite - Cherrington - Modugno NOES: ABSENT: file:46878r.eso RESO P90-36 1-4 L H. Harri , Director mmunity Development 0 0 ESEIBIT "B" CONDITIONS OF APPROVAL FOR TENTATIVE TRACT HAP 46878 and GENERAL OAK TREE PERMIT 89-18 I. The approval of this Tentative Tract Map and Oak Tree Permit shall expire 24 months from the date of conditional approval. 2. The applicant may file for an extension of the conditionally approved Map and Oak Tree Permit prior to the date of expiration for a period of time not to exceed one (1) year. If such 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 permittee, 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 permit. 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 brought within the time period provided for in 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 and shall cooperate fully in the defense. If the City fails to 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 of the following occurs (1) the City bears its own attorney8' 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 settlement is approved by the applicant. 5. The applicant shall comply with all requirements of the zoning ordinance and the proposed A-1-20,000 zoning designation, if approved. If the City Council does not approve the change of zone to A-1-20;000, the applicant shall comply with all requirements of the existing A-2-1 zone. PUBLIC WORKS 6. 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. RESO P90-36 0 Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 7. The applicant shall note all offers of dedication by certificate on the face of the final map. S. 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. 9. Condition deleted. 10. The applicant shall process a final tract or parcel map through the City Engineer prior to being filed with the County Recorder. ROAD IMPROVEMENTS 11. The subdivider shall be required to install distribution lines and individual service lines for community antenna television service (CATV) for all new development. 12. The applicant shall place above ground utilities including, but not limited to, fire hydrants, and junction boxes to minimize and/or eliminate impacts on the equestrian trails/easements to the satisfaction of the Departments of Public Works, Parks and Recreation, and Community Development. Street lights are not required and shall not be installed within the project site. 13. The applicant shall install mailboxes and posts per City standards. The applicant shall secure the approval of U.S. Postal Service prior to installation. 14. The applicant.shall provide letter(s) of slope easements(s) and drainage acceptance as directed by the City Engineer or Director of Public Works. 15. The applicant shall obtain approval of the Director of Community Development and the City Attorney for proposed homeowner's association maintenance agreements prior to recordation of the final map or a phase thereof. 16. The applicant shall construct drainage improvements and offer easements needed for street drainage or slopes. 17. Condition deleted. 18. The applicant shall repair any broken or damaged pavement on streets within or abutting the subdivision. 19. The applicant shall provide and install street name signs prior to occupancy of buildings. 20. The applicant shall offer Private and Future Right -of -Ways 30 feet from center line on Aden Avenue, Oak. Orchard Avenue and Cast Avenue. 21. Whenever there is an offer of Private and Future Right -of -Way, the applicant shall provide a Drainage Statement/letter. RESO P90-36 C Conditions, Tentative Tract Map 46878, Oak Tree Permit 89-18 22. The applicant shall dedicate the right to restrict vehicular access on Cast Avenue, Oak Orchard Road,.Placeritos Boulevard, and Aden Avenue, except lots 15 and 16 shall take access off of Aden Avenue. Lots 1 through 14 shall take access to Placeritos Boulevard directly via "A" Street. 23. The applicant shall use concrete flowline where street grades are less than 1%. 24. The applicant shall construct the following road improvements: -------------------------------------------------=---------------------- Full Inverted Street Width Shoulder Name Improvements Paving ------------------------------------------------------------------------ "A" Street 58 ft. X As directed by the Planning Commission, "A" Street shall connect directly to Placeritos Boulevard and the cul-de-sac for "A" Street shall be adjacent to Aden Avenue. A 12' equestrian/pedestrain easement shall connect -the "A" Street cul-de-sac to Aden Avenue. As directed by the Planning Commission, the applicant shall pay an in - lieu fee, equal to the cost of designing and constructing all the road improvements described below that are not built out as part of this project, prior to approval of the final map and to the satisfaction of the Department of Public Works. However, the applicant, at their cost, may be directed to design and construct the following road improvements prior to.the approval of the final map to the satisfaction of the Department df Public Works: a. Aden Avenue% as necessary, following Public Works review of.the revised drainage study, and to accommodate the driveways for lots 15 and 16. b. Placeritos Boulevard, as necessary at the proposed intersection with "A" Street. RESO P90-36 Full Inverted Street Width Shoulder Name Improvements Paving ------------------------------------------------------- Placeritos Bouleveard 64 ft. X Aden Ave. 60 ft. X Oak Orchard 60 ft. X R. Cast Ave. 60 ft. X However, the applicant, at their cost, may be directed to design and construct the following road improvements prior to.the approval of the final map to the satisfaction of the Department df Public Works: a. Aden Avenue% as necessary, following Public Works review of.the revised drainage study, and to accommodate the driveways for lots 15 and 16. b. Placeritos Boulevard, as necessary at the proposed intersection with "A" Street. RESO P90-36 0 Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 WATER 25. 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. 26. 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 are to be determined.by the Fire Chief. SEWERS (PUBLIC WORKS AND DEPARTMENT OF HEALTH SERVICES) 27. The subdivider shall install and dedicate main line sewers and serve each lot/unit with a separate house lateral or have approved and bonded sewer plans on file with. the Department of Public Works. 28. The subdivider shall send a print of the land division map to the County Sanitation District, with the request for annexation. If applicable, such annexation must be assured in writing. 29. 'Off-site improvements are tentatively required. The applicant shall extend the available public sewer to serve all lots. 30. The applicant shall pay a deposit as required to review documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance. GRADING, DRAINAGE AND GEOLOGY 31. The applicant shall submit a grading and drainage plan which must be approved prior to approval.of the final map. 32. The applicant shall submit drainage plans and necessary support documents to comply with Engineering requirements. These must be approved to the satisfaction oftheDirector of Public Works prior to filing of the final map. Portions of the property are subject -to sheet overflow and ponding and high velocity scouring action. Portions of the property lying in and adjacent to natural drainage courses and the Placerita Canyon Wash are subject to flood hazard.because of overflow, inundation, and debris flows. As indicated in Condition No. 24, road improvements may be required on Aden Avenue to address drainage concerns. 33. The applicant shall place a note of flood hazard on the 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 area. RESO P90-36 0 0 Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 34. The applicant shall provide for the proper distribution of drainage. 35. The applicant shall show and label all natural drainage courses on lots where a note of flood hazard is allowed. a. No building permits will be issued for lots/parcels subject to flood hazard until the buildings are adequately protected. Finished floors must be elevated 1'0" above the projected surface of the water elevation. b. The applicant shall notify the State Department of Fish and Game prior to commencement of work within any natural drainage course. c. The applicant shall contact the Corps of Engineers to determine if a 404 permit is required for any proposed work with the major watercourse. d. The applicant shall submit a completed Elevation Certificate to the Building Department upon completion of the foundation. 36. The applicant shall provide for contributory drainage from adjoining properties and return drainage to its natural conditions or secure off- site drainage acceptance letters from affected property owners. 37. The applicant shall submit a detailed engineering Geotechnical and Soils 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. 38. 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. PUBLIC WORKS% ADDITIONAL COMMENTS/REQUIRED m, 39. 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 impacts of this and other subdivisions in the area. The form of security for performance of said agreement shall be as approved by the City. 40. The agreement shall include the following provisions: RESO P90-36 • Conditionss Tentative Tract Map 46878, Oak Tree Permit 89-18 Upon establishment of the district and the area of benefit, the fee shall be paid to a special Department of Public Works fund. In the event funds are required for work prior to formation of the District, the Director of Public works may demand a sum of $1,000 (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 Works. The Director of Public Works 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. The factor for development units is as followss Development Unit Factor Single Family per unit 1.0 The project is in the Via Princessa Bridge and Thoroughfare District. 41. The street and grading plans shall comply with the requirements of the approved oak tree permit. No oak tree removals or encroachments are permitted by this grant. 42. The applicant shall underground utilities and eliminate telephone poles on Aden Avenue. 43. The applicant shall provide for the maintenance of equestrian areas which are not part of the master trails system by covenant and agreement, home owners association or other method which is acceptable to the City Engineer, Community Development Department, and Parks and Recreation Department. 44. The applicant shall provide a 12'0" pedestrian/equestrian easement at the end of the "A" Street cul-de-sac westward to Aden Avenue. 45. Equestrian easements are tentatively approved to fall within the right- of-way. Additional easements shown on the tentative map are not required unless specifically requested by the Parks and Recreation Department prior to final map approval. 46. The applicant shall resolve any survey errors or boundary disputes at the southeast corner of the property which may affect the location of Cast Avenue or the easterly tract boundary prior to approval of the final map. There is a concern about the location of the house on the adjacent Property to the east and that it may encroach onto Cast Avenue. The applicant shall submit an exhibit showing the location of those houses 0 0 Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 and Cast Avenue. FIRE DEPARTMENT 47. This property is located within the area described by the Forester and Fire Warden as Fire Zone 4 and future construction must comply with applicable Code requirements. 48. Provide water mains, fire hydrants,.and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. 49. Provide Fire Department and City approved street signs, and building address numbers prior to occupancy. 50. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 51. The required fire flow for public fire hydrants at this location is 1250 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. 52. Fire hydrant requirements are as.follows: Install 1 Public Fire Hydrants and upgrade 2 Public Fire Hydrants. 53. All hydrants shall measure 6"x4"x2.5" brass or bronze, conforming to current AWWA 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 as per map on file with the Fire Department. 54. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 55. The applicant shall provide fire flow data. If theexisting hydrants meet the stipulated requirements, the upgrade will not be required. 56. All hydrants shall be installed in conformance with Title 20, L.A. County Government Code 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. NEWHALL COUNTY WATER DISTRICT 57. The applicant shall make separate arrangements for water service with the Newhall County Water District. COUNTY SANITATION DISTRICTS 58. The applicant shall apply to the -Sanitation District to annex into District No. 32 for sewerage service. This shall be approved before RESO P90-36 Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 sewerage service can be provided to.the proposed development. 59. The Sanitation Districts are empowered by the California Health and Safety Code to charge a fee for the privilege of connecting to the Sanitation District's sewerage system or increasing the existing strength and/or quantity of wastewater attributable to a particular parcel or operation already connected. The applicant shall pay a connection fee to the County Sanitation District in order to construct an incremental expansion of the sewerage system to accommodate the proposed project, which will mitigate the impact of this project on the present sewerage system. Payment of a connection fee will be required before a permit to connect to the sewer is issued. 60. Provide the Sanitation District and the City of Santa Clarita with information regarding the construction and/or build out schedules for the proposed projects so that the timing of the Districts' expansions may be coordinated with the increased demand. Wa 61. To fulfill park dedication requirements for 16 units of single-family lots the applicant shall pay the appropriate Quimby fee to the Department of Parks and Recreation. 62. Street trees shall be provided to the satisfaction of the Parks and Recreation Department. Use trees from the Department's preliminary Master Street Tree List, which can be obtained from the City Arborist. 63. Submit landscape and irrigation plans to the satisfaction of the Parks and Recreation and Community Development Departments. Landscape plans should depict sewer line locations with street trees planted a minimum of 15' away to avoid future problems, or provide a detail showing this. 64. Private trees shall not be placed in the public right-of-way. 65. The applicant shall construct an equestrian trail along Oak Orchard Road to the satisfaction of the Parks and Recreation Department. ' 66. The applicant shall provide 12'0" easements for equestrian trails along Oak Orchard Road, Aden Avenue, Placeritos Boulevard, and North Cast Avenue to the satisfaction of the Parks and Recreation Department. The applicant shall also provide a pedestrian/esquestrian easement from the end of the cul-de-sac on "A" street to Aden Avenue. 67. The following language must be shown for trail dedications on the final maps Title Pager We hereby dedicate to the City of Santa Clarita an easement for Riding and Hiking along Oak Orchard Road, Aden Avenue, Placeritos Boulevard, and North Cast Avenue. HaP Sheets% RESO P90-36 0 Conditionst Tentative Tract Map 46878, Oak Tree Permit 89-18 12'0" wide easements to the City of Santa Clarita for Riding and Hiking along Oak Orchard Road, Aden Avenue, Placeritos Boulevard, and North Cast Avenue. COMMUNITY 68. A landscape plan and a fence plan, incorporating wrought iron fences along the perimeter of the project, shall be submitted to the satisfaction of the Community Development, Parks and Recreation, and Public Works Departments. 69. The applicant shall agree to immediately notify the Department of Community Development and suspend construction if a cultural resource or artifact is encountered during development of the site, and leave the resource in place until it can be examined by a qualified archaeologist, approved by the City, who shall determine appropriate mitigation measures. The applicant shall agree to comply with mitigation measures recommended by the archaelologist and approved by the Community Development Department. OAK TREES 70. This grant shall not be effective for any purpose until the permittee has filed at the office of the Department of Community. Development their affidavit stating that they are aware of; and agree to accept, all of the conditions of this grant. 71. The applicant is not permitted to remove any oak trees or encroach into the protected zones of any of the oak trees on site. The applicant shall adjust the lot lines so that the lot line does not directly cross through the trunk of oak tree no. 2. The applicant is approved to trim, deadwood, and prune oak tree no.'s 1 and 2 by a City approved licensed tree trimmer under the care of a licensed arborist. No trimming, pruning, or deadwooding is permitted to tree no.'s 3 and 4 unless a revised oak tree permit is submitted and approved by the Department of - Comwanity Development. 72. The applicant shall comply with the City's Oak Tree Ordinance and Preliminary Guidelines, which can be obtained at the Community Development Department. The applicant shall also comply with the care and maintenance recommended by the applicant's oak.tree report, except where superceded by these conditions or the City's Oak Tree Ordinance and Preliminary Guidelines. 73. No oak tree removals or encroachments are allowed by this permit. 74. Condition deleted. 75. The applicant shall provide fencing along the protected zone of all oak trees on the site during all phases of construction and grading. No grading.or construction activity is permitted within the protected zones of the oak trees. RESO P90-36 0 E Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 76. The applicant shall provide evidence documenting, to the satisfaction of the Department of Community Development, that mitigation agreements have been completed with the Hart High School and Newhall Elementary School .Districts. 77. The project shall implement the following elements, which shall be specified by covenant and agreement, home owners association or other method which is acceptable to the Community Development and Public Works Departments. These elements shall not be changed without the approval of the Community Development Department: a. All new residences and accessory structures shall be limited to one (1) story in height. b. The footprints of the future home sites shall be off -set, which shall require the imposition of varying front yard setbacks for the proposed sites. Prior to the approval of the final map, the applicant shall provide an exhibit, to the satisfaction of the Community Development Department, depicting building envelopes for the primary residence on each lot incorporating varying front yard setbacks. C. All primary residences and accessory structures on lots 9, 10, 11, 15, and 16, which are visible from Placeritos Boulevard, shall incorporate the architectural themes, details, and embellishments established on the front face of the structure on all sides, including the side and rear faces. All primary residences and accessory structures on lots 9, 10, 11, 15, and 16 shall be subject to plot plan review and approval, which shall include architectural review, by the Department of Community Development. Architectural elevations shall be required. file:46878con.dit RESO P90-36 RECESS • PC Proponent for this item was: Anthony Rd., Agua Dulce, CA. photos of walls which had been Commission's review. • 3. Richard Howe, 35100 Mr. Howe submitted n revegetated for the Opponent was: Cynthia Neal -Harris, P. 0. Box 520, Saugus, CA 91350. Ms. Neal -Harris expressed concern over the removal of oak trees. The public hearing was closed at 8:52 P.M. After discussion, it was moved by Modugno, seconded by Brathwaite, and voted 3-0 (with Cherrington abstaining) to deny approval of this item. The meeting was recessed at 9:05 and reconvened at 9:15. ITEM 4 Chairwoman excused herself from the meeting, citing TENTATIVE PARCEL a potential conflict of interest. Vice Chairman MAP 22004 Brathwaite conducted the meeting. Staff report was presented by Chris Kudija. The public hearing was opened at 9:20. Proponents for this item were: Lou Garasi, 26737 Gwenalda Lane, Canyon Country, CA; John D. Mullen, 510 Castillo, Santa Barbara, CA. There being no opponents to this item, the public hearing was closed at 9:40. After discussion, upon motion by Modugno and second by Cherrington, the Commission approved this item 3-01 with Garasi absent and abstaining. ITEM 5 Chairman Brathwaite continued as Chair of the TENTATIVE PARCEL meeting. Dan Powers presented the Staff report. MAP 22028 Chairwoman Garasi opened the public hearing at , 10:03. After a brief discussion, upon motion.by Modugno, second by Garasi, the Commission unanimously approved this item. ITEM 6 Kevin Michel presented the staff report. Chairman TENTATIVE TRACT Brathwaite opened the public hearing at 10:19. MAP 46878, ZONE CHANGE 89-03 AND Those speaking in support of this item were: Don OAK TREE PERMIT Hale, 24303 San Fernando Rd., Santa Clarita, CA 89-018 91321 and Tom Stephens, 24749 Aden Ave., Newhall, CA. Mr. Hale requested in lieu fees for road improvements. He also requested the following 8-7-90 • PC 4. conditions be deleted: 9, 12 -delete sidewalks and street lights, 17, 67 -street name.changes, 73 -change if two trees are to remain; 75 -state .fencing is during construction. Garasi recommended that a condition be added -regarding school mitigation fees and that Lots 15 and 16 should take access off Aden. Mr. Stephens requested that the cul-de-sac be punched through to Placeritos and that no oaks be removed. Persons speaking in opposition were: Donald J. Rendall, 21926 Placeritos Blvd., Newhall, CA; William Youngquist, 24759 Aden Ave., Newhall, CA; Cynthia Neal -Harris, P. O. Box 520, Saugus, CA 91380 Speakers were opposed to removal of oak trees, street widening, street lights, paving, two story.houses, and wished to preserve rural flavor of community. Ben Curtis, listed on form as "other", also spoke in opposition to the item. He wished to see no oak trees removed and no street lights installed. Don Hale spoke in rebuttal and stated that he was in agreement with one story houses and paying in lieu fees for road widening, paving, street lights,. sidewalks, and would plant two additional oak trees on the property. City Engineer Jim Van Winkle indicated approval. Following discussion, Commissioner Garasi recommended adoption of the Negative Declaration, Tentative Tract Map, Oak Tree Permit, and Zone Change; and that conditions be amended to reflect: 1) That we accept in lieu of fees for all the road improvements that are not built out for this project; 2) that there be no additional pavement improvements on Placeritos except those necessary to accommodate the driveway for the new open cul de sac; 3) that Condition 9 be deleted; 4) that the reference to sidewalks and street lights be deleted from Condition 12; delete Condition 17; amend Condition 67 to reflect appropriate street names; motion includes denial of oak tree removal but allows project to go forward any other necessary steps in fencing which will only be used in construction; add condition to state that applicant will enter into agreement with school district; the project to be -conditioned to be limited to one story; that the footprint for the houses be offset 8/7/90 • PC 0 5. so that it will not have a straight line appearance from the street; that the exterior of backs of houses be enhanced if seen from the street. The motion was seconded by Cherrington, and unanimously approved by the Commission. The Commission then unanimously approved Resolution P90-36 following a motion by Commissioner Modugno, second by Garasi. A motion for continuance to August 21 of Items 7 and 8 on the Agenda was made by-Modugno, seconded by Garasi, and unanimously approved by the Commission. It was requested that staff retain their agenda material for the meeting of August 21. DIRECTOR'S Mike Haviland has begun work as the City Economic ANNOUNCEMENTS Development -Coordinator. The four vacancies in Community Development are anticipated to be filled in one to two weeks. COMMISSION The Commission requests a study session be held on AGENDA the first available date. PUBLIC BUSINESS There was no public business from the floor. ADJOURNMENT The meeting was adjourned at 12:05 A.M. LOUIS BRATHWAITE, Chairman Planning Commission ATTEST: LYNN M. HARRIS, Director Community Development City of Santa Clarita r1 CITY OF SANTA CiARITA STAFF REPORT Zone Change 89-3 Tentative Tract Hap 46878 Oak Tree Permit 89-18 DATE: August 7, 1990 • T0: Chairwoman Garast and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Development L..`. y PLANNER: Kevin Michel, Associate Planner APPLICANT: Richard L. and Helen F. Smith LAXATION: In Placerita Canyon, bounded by Placeritos Boulevard, Aden Avenue, North Cast Avenue, and Oak Orchard Road. REQUEST: Zone change from A-2-1 to A-1-20,000 to create sixteen (16) single-family residential lots. Two (2) oak trees would have to be removed if road widening is approved. Additional road improvements, if approved, may encroach into the protected zone of a third oak tree. PROJECT The applicant proposes to create sixteen single-family lots on approximately ten (10) acres. To accomplish this, the applicant also requests a change of zone from the -existing A-2-1 to A-1-20,000. The applicant originally requested to encroach into the protected zone of tree no. 1 to accomodate road improvements on Aden Avenue. The applicant subsequently revised the burden of proof and requested the removal of.tree no. 2 because of poor health and the removal of tree no.'s 3 and 4 to accommodate recommended road improvements on Placeritos*Boulevard and North Cast Avenue. GENERAL PLAN DESIGNATION Though.the City did not adopt the Santa Clarita_Valley Area -Wide Plan . prepared by Los Angeles County, staff has used the plan while the City's own general plan is under preparation. The County Plan Designations are U1 -Urban 1 (1.1 to 3.3 dwelling units per gross acre) and W-Floodway/Floodplain. On the Draft General Plan, the General Plan Advisory.Comnittee (GPAC) has designated the area as LR -Low Residential. The proposed density for the area is the same as the County --1.1 to 3.3 du/ac. The density proposed by the applicant is 1.6 dwelling units per acre. 6-1 RESO P90-36 I ILIM USE i ZOMM ISCV GP I GPAC GP I (PROJECT I Vacant, Storage I A-2-1 INORTH I Equestrian Ranch (EAST I Single-family --------------------------- ISOUTH I Private school ---------------------------- IWEST I Single-family I W, U1 I LR I A-2-1, A-1-20,000 I W I LR --- ------------------------------- A-2-1 I W, U1 I LR A-1-20,000 I U1 I LR ----------------------------------- I A-1-20,000 I W, U1 I LR The site, approximately 10 acres in area, is located in Placerita Canyon, south of the wash. Presently,.there are no structures on the site. In the northeast corner, various farm implements are being stored. In the southeast corner, there are several flat bed trailers and a tractor -trailer, along with pallets and used tires. The site was recently used to host equestrian shows. In the southeast corner, bounded by the black locust trees, the foundation and parking lot of an old dairy remain. The site is flat with little topographical relief. The elevation imperceptively slopes downward from east to west, declining approximately 7 feet in elevation over a distance of 700 feet. There are two oak trees in the southeast corner of the site, and two others in the northwest corner of the site. STATUS A draft Mitigated Negative Declaration and Initial Study were prepared by staff. The -Initial Study identified the environmental impacts and recommends mitigation measures to address those impacts. The mitigation measuresare included as part of the conditions of approval. Staff believes that this project, with the attached mitigation measures, will not have a significant effect on the environment. 1. INTER-DEPARTMENTAL/AGENCY REVIEW The City circulated the project for review and received comments from the following outside agencies and groups: the Eire Department, the County Sheriff, the Department of Health Services, the Placerita Canyon Property Owners Association, the Hart High and Newhall -Elementary School Districts, Pacific Bell, the Newhall County Water District, the County Sanitation District, and the California Regional Water Quality Control Board. The following City Departments and Sections commented on the projects the Departments of Public Works, Parks and Recreation, Traffic, and Community Development. The Placerita Canyon Property Owners Association made the following comments in response to the projects a. Oak trees should not be removed. 4 -a • 0 b. Sewers should be required. c. Change "N. Cast Avenue" to "River Oak Avenue." d. Use the prototype trail drawing. The applicant has reached agreement with the applicable school districts to mitigate the project's impacts on the local school districts. Most of the concerns of the various departments and agencies can be understood by reviewing the recommended conditions of approval (Exhibit "B"), which are attached. The conditions are divided into sections for each respective agency. Some of the concerns, however, will be dealt with in the analysis section of the report. 4110 'kti 1 The applicant originally proposed a more conventional subdivision, also of sixteen lots. (See Attachment 1) That proposal called for an east -west driveway through the middle of the site. Eight lots would have taken access off of the driveway= four would have taken access off of Placeritos Boulevard, and four would have taken access off of Oak Orchard Road. This would have resulted in a conventional, grid pattern of development. This resulted in concerns similar to those voiced regarding Tentative Tract 45979, which had a similar grid design when it was first proposed. In response to Community input, the Commission recently approved the revised design for Tract 45979, which now provides the model for the applicant's current proposal. (See Attachment 2) The current proposal also calls for sixteen (16) lots. With the revised plan, fourteen of the lots will take.access off of "A" Street and lots 15 and 16 will take access off of Aden Avenue. Some advantages of the new design ares None of the lots take direct access off of Placeritos Boulevard, N. Cast Avenue, or Oak Orchard. This design works well with equestrian uses as it serves to limit the potential points of conflict between horses and vehicles. Prospective riders will only have to be concerned with vehicle conflicts at the driveways for lots 15 and 16 and the intersection of "A" Street and Aden Avenue, rather than 16 individual points of conflict. The redesigned lots are narrower and deeper, which will provide more useful exercise area for those new homeowners who desire to keep horses. The proposed zone change and lot sizes are compatible with the existing development pattern already in evidence in the area. -As indicated in the land use chart above, there are substantial areas already zoned A-1-20,000, and this proposal coincides with the lot size proposal espoused by the Placerita Property Owners Association as well as the draft General Plan Nap prepared by the General Plan Advisory.Committee. There are two land uses, an equestrian ranch to the north, and a private children's school to the south, that while not residential, should not be negatively impacted by the proposed development. It is also staff's judgement that the proposed development will be able to co -exist with these previously existing uses, particularly since 63 RESO P90-36 • .0 individual lots will not be able to take access along the border of and no front yards face either of these uses. One disadvantage of this development pattern is that, because of its limited access points, the development isolates itself from the existing development. This may be mitigated to some extent by the provision of a pedestrian/trail easement at the end of the cul- de-sac near Placeritos Boulevard. Staff is recommending that the applicant fully improve the road system on all four sides of the project. Portions of Aden are dirt, which are deeply rutted. Oak Orchard is not improved along the project's border, and North Cast is improved with gravel. The Sheriff's Department has raised serious concerns regarding emergency vehicle access,.particularly in adverse conditions, if the roads are not improved. The Sheriff was -also concerned that poorly maintained roads could damage emergency vehicles and create slow response times. In staff's opinion, it appears that it will be necessary to remove oak trees no.'s 3 and 4 near Placeritos Boulevard and N. Cast Avenue if the recommended road improvements are approved. There is not room to.jog the roadway or fully improve it without adverselyaffecting the health of the trees. Because of the trees' close proximity to the roadway, it would be advisable, in staff's judgement, to remove the trees if the improvements are approved. Staff recognizes the concern that proposed road improvements and oak tree removals can evoke in Placeritos Canyon. Such concerns regard the maintainance of an equestrian/rural lifestyle and growth inducing impacts. However, all of the proposed road improvements would implement a rural cross section, which includes 28 feet of pavement with a rolled curb which accommodates two lanes of travel. Staff believes that these road improvements will be compatible with an equestrian lifestyle. To date, the community has not expressed concerns to staff regarding the potential road improvements as was the case with Tract 45979, though concerns regarding oak tree removals has been expressed. In that case, the Commission recommended that the applicant only improve the roadway improvements necessary to provide access to the new lots being created. If the Commission took a similar approach in this case, the only road improvements necessary would be'the improvement of Aden Avenue northward from Placeritos to the intersection with the proposed "A" Street, and "A" Street itself. Equestrian trail easements are included within the street dedications required on all.four sides of the project. In addition, the Parks and Recreation Department has required the applicant to fully improve a portion of the equestrian trail along Oak Orchard Road. The applicant has also been conditioned,.by Public Works, to maintain the future potential equestrian trails on the other three sides of the project. This project could provide an important link in the trails system. Staff, including the Departments of Public Works, Community Development, and the Los Angeles.County Department of Health Services recommend that the project connect to the sewer system. The applicant has the opportunity to do this in conjunction with the developer of Tract 45979, which was also conditioned to connect to the sewer system. In a related issue, there was a concern that the project was within the mapped floodway. While the entire RESO P90-36 • 0 site is subject to flood hazard, the applicant was able to demonstrate that the project is not within the floodway, and an exhibit demonstrating this will be presented at the hearing. Building pads will have to be elevated to mitigate the flood hazard. There are four oak trees on the site. Some encroachment into the protected zone of tree no. 1 will be required to accommodate proposed road improvements. Tree -no. 1 is just short, by an inch or two of diameter, of the heritage classification. According to the survey map prepared by the applicant, the tree should be able to accommodate this encroachment. The applicant may also be able to jog the roadway in this location. Prior to road construction and/or grading, staff recommends that an additional oak tree report be prepared depicting the precise alignment and location of the roadway. This portion of Aden has already been paved, so the tree was impacted in the past. Tree no. 2 is in poor health and is aesthetically degraded; however, the applicant has agreed to save this tree and to adjust the lot lines away from the trunk of the tree so that a future fence will not impact it. This is a multi -trunk tree that again, just barely misses the heritage classification. Tree no.'s 3 and 4, located in the southeast section of the property near Placeritos and N. Cast, have health problems and are in a slow decline. They are both aesthetically pleasing, though neither approached the heritage classification according to the applicant's data. As indicated, staff believes these trees should be removed for necessary road improvements. The trees are in close proximity to the right-of-way and both cause sight -line problems at the proposed intersection of N. Cast Avenue and Placeritos Boulevard. Since the impacts on the trees, if allowed, would be at the City's request to enable the construction of necessary public improvements, staff does not believe that a punitive replacement ratio is in order. Staff recommends replacing the trees at a four -to -one ratio with 15' box trees if any of the trees.are removed. In response to recent Council action on other projects, staff has prepared a draft agreement, obligating the applicant to pay a transit impact fee, if such a fee is adopted within a year. This would be implemented at the Council's discretion. The applicant has indicated &.willingness to participate in such an agreement. RECOMHENDATION Recommend to the City Council that they adopt the attached Negative Declaration to the City Council with the finding that the proposed project will not have a significant effect on the environment. Recommend to the City Council that.they approve Zone Change 89-3 to change the zone from the existing A-2-1 to A-1-20,000. Approve Tentative Tract Hap 46878 and Oak Tree Permit 89-18 based on the required findings and subject to.the attached conditions of approval. Adopt the attached Resolution P90-36. GS RESO P90-36 0 0 EZHZBIT -B- CONDITIONS 01F APPROVAL FOR TENTATIVE TRACT HAP 46879 and OAR TREE PEMM 59-18 1. The approval of this Tentative Tract Hap and Oak Tree Permit shall expire 24 months from the date of conditional approval. 2. The applicant may.file for an extension of the conditionally approved Hap and Oak Tree.Permit prior to the date of expiration for a period of time not to exceed one (1) year. If such 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 permittee, 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 permit. 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 brought within the time period provided for in 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 and shall cooperate fully in the defense. If the City fails to promptly notify the applicant, or if the City failsto 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 of the following occurs (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 settlement is approved by the applicant. S. The applicant shall comply with all requirements of the zoning ordinance and the proposed A-1-20,000 zoning designation, if approved. If the City Council does not approve the change of zone to A-1-20,000, the applicant shall comply with all requirements of the existing A-2-1 zone. PUBLIC WORKS 6. 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, Hechanical Code, Zoning Ordinance, RESO P90-36 9 0 Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 Undergrounding of Utilities Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code and Fire Code. 7. The applicant shall note all offers of dedication by certificate on the face of the final map. 8. 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. 9. 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. 10. The applicant shall process a final tract or parcel map through the City Engineer prior to being filed with the County Recorder. 11. The subdivider shall be required to install distribution lines.and individual service lines for community antenna television service (CATV) for all new development. 12. The applicant shall place above ground utilities including, but not limited to, fire hydrants, junction boxes and street lights outside the sidewalk. 13. The applicant shall install mailboxes and posts per City standards. The applicant shall secure the approval of U.S. Postal Service prior to installation. 14. The applicant shall provide letter(s) of slope.easements(s) and drainage acceptance as directed.by the City Engineer or Director of Public Works. 15. The applicant shall obtain approval of the Director of Community Development and the City Attorney for proposed homeowner's association maintenance agreements prior to recordation of the final map or a phase thereof. 16. The applicant shall construct drainage improvements and offer easements needed for street drainage or slopes. 17. The applicant shall construct full -width sidewalk at all walk returns. 18. The applicant shall repair any broken or damaged pavement on streets within or abutting the subdivision. 19. The applicant shall provide and install street name signs prior to occupancy of buildings. 20. The applicant shall offer Private and Future Right -of -Way: 30 feet from center line on Aden Avenue, Oak Orchard Avenue and Cast Avenue. 21. Whenever there is an offer of Private and Future Right -of -Way, the RESO P90-36 0 0 Conditions: Tentative Tract -Hap 46878, Oak Tree Permit 89-18 applicant shall provide a Drainage Statement/letter. 22. The applicant shall dedicate the right to restrict vehicular access on Placeritos Boulevard, Cast Avenue and Oak Orchard Road. 23. The applicant shall use concrete flowline where street grades are less than 13. 24. The applicant shall construct the following required road improvements: WATER 25. 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. 26. 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 are to be determined by the Fire Chief. SEWERS (PUBLIC WORKS AND DEPARn M OF HEALTH SERVICES) 27. The subdivider shall install and dedicate main line sewers and serve each lot/unit with a separate house lateral or have approved and bonded sewer plans on file with the Department of Public Works. 28. The subdivider shall send a print of the land division map to the County Sanitation District, with the request for annexation. If applicable, such annexation must be assured in writing. 29. Off-site improvements are tentatively required. The applicant shall G16 Full Inverted Street Width Shoulder Street Name ----------------------------------------------------------- Improvements Paving Lights Placeritos Bouleveard 64 ft. % % "A" Street 58 ft. % B Aden Ave. 60 ft. % B Oak Orchard 60 ft. % 8 N. Cast Ave. 60 ft. S X' WATER 25. 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. 26. 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 are to be determined by the Fire Chief. SEWERS (PUBLIC WORKS AND DEPARn M OF HEALTH SERVICES) 27. The subdivider shall install and dedicate main line sewers and serve each lot/unit with a separate house lateral or have approved and bonded sewer plans on file with the Department of Public Works. 28. The subdivider shall send a print of the land division map to the County Sanitation District, with the request for annexation. If applicable, such annexation must be assured in writing. 29. Off-site improvements are tentatively required. The applicant shall G16 Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 extend the available public sewer to serve all lots. 30. The applicant shall pay a deposit as required to.review documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision ordinance. GRADING, DRAINAGE AND GEOLOGY 31. The applicant shall submit a grading and drainage plan which must be approved prior to approval of the final map. 32. The applicant shall submit drainage plans and necessary support documents to comply with Engineering requirements. These must be approved to the satisfaction of the Director of Public Works prior to filing of the final map. Portions of the property are subject to sheet overflow and ponding and high velocity scouring action. Portions of the property lying in and adjacent to natural drainage courses and the Placerita Canyon Wash are subject to flood hazard because of overflow, inundation, and debris flows. 33. The applicant shall place a note of flood hazard on the 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 area. 34. The applicant shall provide for the proper distribution of drainage. 35. The applicant shall show and label all natural drainage courses on lots where a note of flood hazard is -allowed. a. No building permits will be issued for lots/parcels subject to flood hazard until the buildings are adequately protected. Finished floors must be elevated VON above the projected surface of the water elevation. b. The applicant shall notify the State Department of Fish and Game prior to commencement of work within any natural drainage course. c. The applicant shall contact the Corps of Engineers to determine if a 404 permit is required for any proposed work with the major watercourse. d. The applicant shall submit a completed Elevation Certificate to the Building Department upon completion of the foundation. 36. The applicant shall provide for contributory drainage from adjoining properties and return drainage to its natural conditions or secure off- site drainage acceptance letters from affected property owners. 37. The applicant shall submit a detailed engineering Geotechnical and Soils 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 G -l7 RESO P90-36 Conditionse Tentative Tract Map 46878, Oak Tree Permit 89-18 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. 38. 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. PUBLIC WORKS: ADDITIONAL COHHMM/REQUIREMENTS: 39. 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 impacts of this and other subdivisions in the area. The form of security for performance of said agreement shall be as approved by the City. 40. The agreement shall include the following provisionst Upon establishment of the.district and the area of benefit, the fee shall be paid to a special Department of Public Works fund. In the event funds are required for work prior to formation of the District, the Director of Public works may demand a sum of $1,000 (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 Works. The Director of Public Works 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. The factor for development units is as follows Development Unit Factor. Single Family per unit 1.0 The project is in the Via Princessa Bridge and Thoroughfare District. 41. The street and grading plans shall comply with the requirements of the approved oak tree permit. RESO P90-36 Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 42. The applicant shall underground utilities and eliminate telephone poles on Aden Avenue. 43. The applicant shall provide for the maintainance of equestrian areas which are not part of the master trails system by covenant and agreement, home owners association or other method which is acceptable to the City Engineer, Community Development Department, and Parks and Recreation Department. 44. The applicant shall provide a 12'0" pedestrian/equestrian easement at the end of the cul-de-sac southward to Placeritos Boulevard. 45. Equestrian easements are tentatively approved to fall within the right- of-way. Additional easements shown on the tentative map are not required unless specifically requested by the Parks and Recreation Department prior to final map approval. 46. The applicant shall resolve any survey errors or boundary disputes at the southeast corner of the property which may affect the location of Cast Avenue or the easterly tract boundary prior to approval of the final map. There is a concern about the location of the house on the adjacent property to the east and that it may encroach onto Cast Avenue. The applicant shall submit an exhibit showing the location of those houses and Cast Avenue. FIRE DEPARTHEHT 47. This property is located within the area described by the Forester and Fire Warden as Fire Zone 4 and future construction must comply with applicable Code requirements. 48. Provide water mains, fire hydrants, and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. 49. Provide Fire Department and City approved street signs, and building address numbers prior to occupancy. 50. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 51. The required fire flow for public fire hydrants at this location is 1250 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. 52. Fire hydrant requirements area as.follows, Install 1 Public Fire Hydrants and upgrade 2 Public Fire Hydrants. 53. All hydrants shall measure 6"x4"x2.5" brass or bronze, conforming to current ANNA standard C503 or approved equal. All hydrants shall be installed a minimum of 25'.from a structure or protected by a (2) two G!9 RESO P90-36 0 44 Conditions: Tentative Tract Hap 46878, Oak Tree Permit 89-18 hour fire wall as per map on file with the Fire Department. 54. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 55. The applicant shall provide fire flow data. If the existing hydrants meet the stipulated requirements, the upgrade will not be required. 56. All hydrants shall be installed in conformance with Title 20, L.A. County Government Code 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. NEWHALL COUNTY WATER DISTRICT 57. The applicant shall make separate arrangements for water service with the Newhall County Water District. COUNTY SANITATION DISTRICTS 58. The applicant shall apply to the Sanitation District to annex into District No. 32 for sewerage service. This shall be approved before sewerage service and be provided to the proposed development. 59. The Sanitation Districts are empowered by the California Health and Safety Code to charge a fee for the privilege of connecting to the Sanitation District's sewerage system or increasing the existing strength and/or quantity of wastewater attributable to a particular parcel or operation already connected. The applicant shall pay a connection fee to the County Sanitation District in order to construct an incremental expansion of the sewerage system to accommodate the proposed project, which will mitigate the impact of this project on the present sewerage system. Payment of a connection fee will be required before a permit to connect to the sewer is issued. 60. Provide the Sanitation District and the City of Santa Clarita with information regarding the construction and/or build out schedules for the proposed projects so that the timing of the Districts' expansions may be coordinated with the increased demand. FTM; ;] 61. To fulfill park dedication requirements for M units of single-family lots the applicant shall pay the appropriate Quimby fee to the Department of Parks and Recreation. 62. Street trees shall be provided to the satisfaction of the Parks and Recreation Department. Use trees from the Department's preliminary Haster Street Tree List, which can be obtained from the City Arborist. 63. Submit landscape and irrigation plans to the satisfaction of the Parks 6 -.20 RESO P90-36 0 0 Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 and Recreation and Community Development Departments. Landscape plans should depict sewer line locations with street trees planted a minimum of 15' away to avoid future problems, or provide a detail showing this. 64. Private trees shall not be placed in the public right-of-way. 65. The -applicant shall construct an equestrian trail along Oak Orchard Road to the satisfaction of the Parks and Recreation Department. 66. The applicant shall provide 12'0" easements for equestrian trails along Oak Orchard Road, Aden Avenue, Placeritos Boulevard, and North Cast Avenue to the satisfaction of the Parks and Recreation Department. 67. The following language must be shown for trail dedications on the final maps Title Pages We hereby dedicate to the City of Santa Clarita an easement for Riding and Hiking along Oak Orchard Road, Aden Avenue, Placeritos Boulevard, and North Cast Avenue Hap Sheets 12'0" wide easements to the City of Santa Clarita`for Riding and Hiking along Oak Orchard Road, Hacienda Lane; Cleardale Street, and Pinksand Road. COMMUNITY DEVELOPMENT 68. A landscape plan and a fence plan, incorporating wrought iron fences along the perimeter of the project, shall be submitted to the satisfaction of the Community Development, Parks and Recreation, and Public Works Departments. 69. The applicant.shall agree to immediately notify the Department of Community Development and suspend construction if a cultural resource or artifact is encountered during development of the site, and leave the resource in place until it can be examined by a qualified archaeologist, approved by the City, who shall determine appropriate mitigation measures. The applicant shall agree to comply with mitigation measures recommended by the archaelologist and approved by the Comunity Development Department. OAK TREES 70. This grant shall not be effective for any purpose until the permittee has filed at the office of the Department of Community Development their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. 71. The applicant is not permitted to remove or encroach into the protected zones of oak tree no.'s 1 and 2. The applicant shall adjust the lot lines so that the lot line.does not directly cross through the trunk of 6-.21 IWLM& Conditions: Tentative Tract Map 46878, Oak Tree Permit 89-18 oak tree no. 2. The applicant is approved to trim, deadwood; and prune oak tree no.'s 1 and 2 by a City approved licensed tree -trimmer under the care of a licensed arborist. 72. The applicant shall comply with the City's Oak Tree Ordinance and Preliminary Guidelines, which can be obtained at the Community Development Department. The applicant shall also comply with the care and maintainance recommended by the applicant's oak tree report, except where superceded by these conditions or the City's Oak Tree Ordinance and Preliminary Guidelines. 73. The removal of oak trees 3 and 4 is approved to accommodate road improvements on Placeritos Boulevard and North Cast Avenue. The trees shall be replaced on a 4:1 basis with 15-gallon+native California oak trees. A planting plan and maintance program, to the satisfaction of the Community Development Department, shall be submitted to the Community Development Department. 74. Permission is granted to jog pavement within the right-of-way to avoid additional encroachment.to oak tree no. 1. If road improvements on Aden Avenue are approved, the applicant shall submit roadway designs and an updated Oak Tree Report, to the satisfaction of the Public Works and Community Development Departments. 75. The applicant shall provide fencing along the protected zone of all oak trees to be preserved. No grading or construction activity is permitted within the protected zones of the oak trees unless expressly allowed by this permit or subsequent oak tree permits, if approved. file:46878con.dit a2 RESO P90-36 9 GNE%- W66 \ \ OAK OI[CH P MO. \ hDCN AVE. ��1 su6JCGT PICOPGC y A„r. \ `\1 yPLAC= ICITO0a 6LVP �. 0 N�F'f MAP / nm ro SCALE TENTATIVE TRT N' 4687, tR ,#a& a /t"dv'w 'baa. TENT. TR. #46878 (SMITH) Il�et No. Of 0'A4 r— I Date MPt`( 41 24303 SAN FERNANDO RD. NEWHALL, CALIFORNIA 91321 TELEPHONE (805) 259-9702 PIZDPD56� : LOV 51265 AVERAGE F�?-OW 23, 57 5. t 41 -- 3&, 4GO t t� (G9o55 AZak) II �i I IQ�\titi I ----- —41 I -- .I t-------- I i� ' I I II II a t !T r II Irr+ — ..SO sa I �I PM 4A57 I< ' p! li------- I I • � IiII ; i� .. I � � NI n b1 -2s M� II ��� • .4I 6•�fI 00 a g o \\ \\ \\I OEM NEWUNN ' I I II II a t !T r II Irr+ — ..SO sa I �I PM 4A57 I< ' p! li------- I I • � IiII ; i� .. I � � NI n b1 -2s M� II ��� • .4I 6•�fI RADIUS MAP ZC 89-03 TTM, 46878 0713 89Ammi I list z", -IN; .1z ...-a2o ........... 4-46 MITIGATION AGPXMWT BETWEEN RICHARD L. SMITH, THE WILLIAM $. HART UNION HIGH SCHOOL DISTRICT AND THE NEWHALL SCHOOL DISTRICT THIS AGREEMENT (the "Agreement") is effective this 26th day of Jura , 1990, by and between the WILLIAM S. HART UNION HIGH SCHOOL DISTRICT ("Hart"), the NEWHALL SCHOOL DISTRICT ("Newhall") political subdivisions of the State of California (collectively "School Distriots") and RICHARD L. SMITH, ("Developer"). R E C I T A L S: A. Developer is the .owner of certain undeveloped property consisting of approximately 10 acres (the "Property") within the boundaries of Hart and Newhall. The Property is proposed to be developed into 16 residential units of approximately 3,000 to 4,000 square feet each, Pursuant to Tract No. 46878 and Zone Change 89-003 (the "Project"), The Project is currently located within the boundaries of the City of Santa Clarita ("City"). Developer proposes•approval of the Project by City: B. -Development is currently occurring within the boundaries of Hart and Newhall. which requires Hart and Newhall to provide additional school facilities, including classrooms, administrative and support buildings, as wall as furniture, equipmant and buses for the students generated by the development. As a result of the overcrowding in the classrooms of Hart and Newhall, the School Districts have urged and continue to urge the County of Los Angola& and City not to approve development applications unless adequate WW/0728 5/22/90 i school facilities are available.to serve the development project. Developer recognizes Hart and Newhall's right to object to the proposed development of Developer. A G R E E M E N T: 1. Hart and Newhall agree not to oppose approval of the Project by the City and agree to support its approval on the basis of the performance by Developer of all of its obligations under this Agreement. 2. Developer agrees to pay to Hart a minimum payment Of $3,400.00 and to Newhall a minimum payment of $2,500 for each residential dwelling unit to be constructed in the Project, plus such additional sum, if necessary, in order that said payment be equal to the amount required by Government Code sections 83080 and 65995. said amount shall be paid prior to the issuance of any building permit by the city. 3. This Agreement constitutes a compromise between the parties and is a full settlement of all disputes. This Agreement shall remain in full force and effect notwith- standing existing or future cage law or legislation which may amend, revise ox be declaratory of the legislation governing school fees as set forth in Government Code sections 53080 and 65995 or other related sections. As a material inducement for Hart and Newhall withdrawing opposition to the project, Developer hereby waives any right -2- WW/0728 • to challenge er to seek to recover the payments made heraunder, whether said payments be deemed fees or taxes. 4. All of the covenants, stipulations, promises and agreements contained in this Agreement by or on behalf of, or for the benefit of, any of the parties hereto, shall bind and inure to the benefit of the successors of the respective parties. 5. This Agreement shall be amended only by a written instrument executed by the parties hereto or their successors. all waivers of this Agreement must be in writing and signed by the appropriate authorities of the parties hereto. 6. If any provisiam of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. 7. This Agreement supersedes any and all other agreements,. either oral or in writing, between the parties. a` Formal notices, demands and communications between Hart, Newhall and Developer hereunder shall be sufficiently given if mailed by registered or certified mail, postage prepaid, return receipt requested, to the principal offices Of Hart, Newhall or Developer, as set forth below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designats by mail as provided in this WW/0728 5/22/90 Section. Such notices, eta., shall be deemed received upon delivery it personally served, or upon the expiration of three (3) businaas days if given by rogistarad or cartified mail, return receipt requested. If to Hart: William S. Hart union High School District 24823 K. Walnut Street Newhall, CA 91321 Attention: Superintendent If to Newhall: Newhall School District 25375 Orchard Village Road Valencia, CA 91355 Attentions Superintendent If to Developer: Richard L. Smith 24524 Treasure Vista Drive Newhall, California 91321 9. In any litigation arising out of the breach of this Agreement by any party, the prevailing party in such litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to recover reasonable attorneysf fees and all .other riasonable costs incurred in such litigation and allowed by the court. -4- WW/0728 5/22/90n i lCCM A 71MV 10. This Aqreement shall be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this-Agraement on the date and year first above written. WILLIAM Be }TART UNION HIGH SCHOOL DISTRICT BYL Pres entthe Hoa o Trustees Of ®Q my C lCrk'Of the Board of Trustees NEWHALL SCHOOL DISTRICT ByG)� d. 1'� . I / 7.Wn Pres dent of a oar Board -Cla—rkw- he dove ng rd t -5- WW/0728 "P .in i I Tn APPROVED AS TO FORHr HOWIE, ARNESON, RADI & DIXON Legal Counsel - William S. Hart Union !High School District and Newhall School District.. By �7 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: APPLICANT: Dick Smith TYPE OF PERMIT: Zone Change 89-03: Tentative Tract Man 46878: Oak Tree Permit 89-18 FILE NO.: Same as above LOCATION OF THE PROJECT: North of Placeritos Blvd., east of Aden Avenue, west of N. Cast Avenue and south of Oak Orchard Road. APN 3834-032-002. DESCRIPTION OF THE PROJECT: Zone change from A-2-1 to A-1-20,000 to create sixteen (16) single-family residential lots. Two (2) oak trees would have to be removed if road widening is approved. ........................................................................... [ ] City Council It is the determination of the DQ Planning Commission [X] Director of Community Development upon review that the project will not have a significant effect upon the environment. Mitigation measures [X] are attached Form completed by: ( ] are not attached (Signature) Kevin Michel Associate Planner (Name and Title) Date of Public Notice: July 18. 1990 [X] Legal advertisement. [X] Posting of properties. [X] Written notice. G -.7q 9 CITY OF SANTA CLARITA Suite 300 23920 Valencia Blvd. Santa Clarita, CA 91355 0 DEPARTMENT OF COMMUNITY DEVELOPMENT 12:8800(figmalials]•� Case No. Dick Smith Name,of Applicant (please print) 24524 Treasure Vista Newhall CA 91321 (805) 259-9631 Address City State Zip Code Phone number Hale and Associates, Inc. RCE #23862 Name of Engineer/Architect Registration number 24303 San Fernando Road Newhall, CA 91321 (805) 259-9700 Address Phone number 22055 Placeritos Blvd., Newhall, CA 91321 Location of Project (address or vicinity) Smith Tract #46878 Name of Proposed Project A-2-1 3834-032-002 Existing Zoning Assessor's Parcel Number (The answers to the following must be made complete.and full.) 1. GIVE EXACT LEGAL DESCRIPTION OF PROPERTY. Use extra sheet if necessary. Lot 170 of Tract No. 1274, as per Map recorded in Book 18, Pages 110 and 111 of Maps, in the office of the Recorder of Los Angeles County, State of California. 2. THE PETITIONER(S) REQUEST(S) THAT THE CITY ZONING -ORDINANCE BE AMENDED TO RECLASSIFY THIS PROPERTY FRCM ZONE A-2-1 TO ZONE A-1-20.000 NOTE: See instructions as to the preparation of maps and other data or information pertinent to this particular petition before filing this.petition. (For Staff Use Only) Received by Reference Case No. Date Filed Petition for Change of Zone (page 2 of 4) 3. Said property has/had the following deed restrictions affecting the use thereof: (If deed restrictions have expired, state what they were originally.) Said deed restrictions will/have expire(d) on 19_. 4. SUCH CHANGE IS WARRANTED BECAUSE: (State in detail wherein the conditions applicable to this property establish the above statement.) The property in question is surrounded by A-1-20,000 zoning area would result from thiszonechange. S. SUCH CHANGE WILL BE IN THE INTEREST OF FURTHERANCE OF PUBLIC WELFARE BECAUSE: (State in detail wherein the conditions applicable to this property establish the above statement.) The Pxistina zoning does not allow for the type of residential lots that are common to the immediate area. This Zone Change would allow for residential lots of greater than 24,000 square feet suitable for horse corrals and other rural uses A vacant unkempt lot presently exists at the site. 6. SUCH CHANGE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PROPERTY OF OTHER PERSONS LOCATED IN THE VICINITY THEREOF BECAUSE: (State in detail wherein the conditions applicable to this property establish the above statement.) and the development of quality housing that would enhance the property values of the surrounding area. '1 z"'4(P5'T ✓✓ PETITION FOR CHANGE OF ZC •page.3 of 4) RECORD OWNER(S) Richard L. Smith Name (Please print) 24524 Terasure Vista Dr. Address Newhall, CA 91321 259-9631 City Zip Code Phone Name (Please print) Address City Zip Code Phone • Helen F. Smith Name (Please print) 24S 4 easy;a;a i�riva Address Newhall.-CA-21-121— City ewhall CA91321City Zip Code Phone Name (Please Print) Address City Zip Coae Phone PROPERTY AUTHORIZATION: THE UNDERSIGNED STATES THAT THEY ARE'THE OtlNeR(S) of the property ues�ciL23 herein and KERWi giv. author+- zation for the filing of this application. Further, I/WE DO BY MY/OQR SIGNATURES) ON THIS AGREEMENT, absolve the City of Santa Clarita of all liabilities regarding any deed restrictions that may be applicable to the property described herein. (Signature of all property owners needed. OWNER IN ESCROW IS NOT ACCEPTABLE. Use extra sheets if needed.) T smith Ry barn Print name Signature Date uP'P» F Rmith x,r��S. Print name Signature Date Print name Signature Date Print name Signature Date I hereby certify that the information contained in this application is true and correct to the best of my knowledge and belief. Signed � � Date_ 3 3C d (Applicant or'cant's Age • • REVISED JULY 1990 TRACT #46878 Z.C. #89-003 1. WILCOX. H;E, 11. RENDALL. D.J. 21. MORRISON, G.L. 6 C.A. 21917 W. PLACERITOS BL. 21926 W. PLACERITOS BL. 22118 W. PLACERITOS BL. NEWHALL. CA 91321 NEWHALL. CA 91321 NEWHALL. CA 91321 2. ROBERTS, D,J, 12, SCHLANDER. R.R. 6 22. LAMBRECHT. T. 21915 W. PLACERITOS BL. LENGM. L. 22130 W. PLACERITA CYM RD. NEWHALL. CA 91321 22040 W. PLACERITOS BL. NEWHALL. CA 91321 NEWHALL. CA 91321 3. CURTIS. B.W. 13. HAIRELL, M.W. 23. DAVIS. B. S 21925 W. PLACERITOS BL. 21901 W. PLACERITA CYN. RD. BENTLEY. D. NEWHALL. CA 91321 NEWHALL, CA 91321 22131 W. PLACERITA CYN, RD. NEWHALL, CA 91$21 4. NYERGES. P.G. 14. SCBAFHAUSIN, S.H. 24. BRYAN. C.E. IT AL 21907 W. PTACERITOS BL. 21911 W. PLACERITA CYN. RD. 22115 PLACERITA CYN. RD. NEWHALL. CA 91321 NEWHALL, CA 91321 NEWHALL. CA 91321 5, STERN. L.H. 15. PARR. R. 25. DAVIS. J.C. 1030 N. MACLAY AVE. 21925 V. PLACERITA CYN. RD. 22131 W. PLACERITA CYN. RD. SAN FERHANDO, CA 91340 NEWHALL, CA 91321 NEWHALL. CA 91321 6. MORRIS, R.B. 16, BBLAIM. R. TRUSTEE 26. BENITEZ. E. 21821 W. PLACERITOS BL. BELANGBR FAMILY TRUST 71136 V. PLACERITOS BL. NEWHALL, CA 91321 16121 CELTIC STREET NETBALL. CA 91321 GRANADA HILLS, CA 91344 7. JONES. J.D. 17. GBRARDI. A. & 27. PATTEN, P.M. 21820 W. PLACERITOS BL. FREED, R.H. 22146 V. PLACERITOS BL. NEWHALL, CA 91321 22107 V. PLACERITA CO. RD. NEWHALL, CA 91321 NEWHALL, CA 91321 8. IMUS. H.R. S.N.E. : 18. BEIANG&R, R.A. 28• BOELTER, J. 21832 W. PLACERITOS BL. BELANGER FAMILY TRUST 22115 W. PLACERITOS BL. NEWHALL. CA 91321 24633 ADEN AVE. NEWHALL. CA 91321 NEWHALL, CA 91$21 9. PLANTS, E.R. 19. BREWER. N.D. 6 J.E. 29. HIM D.D. 21904 V. PLACERITOS BL. 24645 ADEN AVE. 21117 W. PLACERITA CYN. RD. NEWHALL, CA 91321 NEWHALL,. CA 91321 NEWHALL, CA 91321 10. WCOD, D.L. 20. PALMIERI, J. 30. WARE, R.C. 6 N.N. 21916 W. PLACERITOS BL. 25225 VIA VALEWrIA 11622 SHELLY VISTA NEWHALL, CA 91321 VALENCIA, CA 913% TUJUNGA, CA 91042 31. BELTRAN. L.C. 24715 ADEN AVE. NEWHALL. CA 91321 32. SPURLIN. G.J. 23929 W. VALENCIA B. #205 VALENCIA. CA 91355 33. FRYKLUHD. R.K. 24737 ADEN AVE. NEWHALL. CA 91321 34. STEPHENS, T.F. P.O. BOX 506 NEWHALL. CA 91321 35. WARD. M.S. & M.E. 24759 ADEN AVE. NEWHALL. CA 91321 36. ZUBAL. K.N. 22126 OAK ORCHARD RD. NEWHALL, CA 91321 37. ROWE. J. & H. 12000 MOORPARK ST. 15 STUDIO CITY. CA 91604 38.'BURBAHK CREAMERY, INC, P.O. BCX 532 BURBANK, CA 91500 39. PAYNE. E. 24816 ADEN AVE. NEWHALL. CA 91321 40. MORGAN. L.F. 24835 MEADVIEW AVE. NEWHALL. CA 91321 41, CHASE. R.F. 24821 MEADVIEW AVE. NEWHALL. CA 91321 42. MEEKER. C.O. 24767 MEADVIEW AVE. NEWHALL CA 91321 43. SCHULTZ. R.E. d M.E. 28411 MEADVIEW AVE. NEWHALL, CA 91321 44. SPANDRI. J.A. 24823 MEADVIEW AVE. NEWHALL. CA 91$21 45. RIDGEDALE JOINT VENTURE 2716 OCERA PARK BLVD. SANTA MONICA. CA 90405 46. PARR. R. & P.M. 24330 SAN FERHANDO RD. NEWHALL. CA 91321, 47. SMITH, R. 24524 TREASURE VISTA NEWHALL, CA 91321 48. HALE 3 ASSOCIATES, INC. 24303 SAN FERNAHDO RD, NEWHALL, CA 91321 • REVISED JULY 1990 TRACT #46878 Z.C. #89-003 • 1990 Mr. Richard L. and Helen F. Smith 24524 Treasure Vista Drive Newhall, California 91321 0 Re: Transit Impact Fee: Tentative Tract Map 46878 Oak Tree Permit 89-18 Zone Change 89-03 Dear Hr. and Ms. Smith: This letter confirms our understanding that the above-mentioned cases are approved with the understanding that you, the project applicant, will pay upon demand to the City of Santa Clarita a sum, not to exceed $200.00 per unit, as a Transit Impact Fee, upon the adoption of a Transit Impact Ordinance, provided that such ordinance.is adopted within one year of the date the project was approved by the City Council. This one year period will begin from the time that Ordinance 90-_ amending the official zoning map of the City of Santa Clarita goes into effect. Ordinance 90 - was introduced and passed to second reading at the City Council meeting of , 1990. The Council will consider Ordinance 907_ for a second time on , 1990. Please indicate that you have reviewed and will comply with the agreement outlined above regarding Transit Impact Fees for your project by signing and dating this letter in the spaces provided below. Please return the original to our office as soon as possible. Thank you for your cooperation in this matter, and please call me at (805) 255-4351 if you have any questions. Sincerely, Lynn H. Harris, Community Development Director I have reviewed the agreement.outlined above regarding Transit Impact Fees for the project described above and will comply as specified. Applicant, Richard L. Smith Date CCI Hr. Don Hale Hale and Associates 24303 San Fernando Road Newhall, California 91321 1 Applicant, Helen F. Smith Date files46878trn.imp 6-18 v. :� t Vii' o� I