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Home My WebLink About1991-09-24 - AGENDA REPORTS - DEVAGMT 91 001 TEN YEAR BULID (2)AGENDA REPORT City Manager Item to be p UNFINISHED BUSINESS 9 DATE: September 24, 1991 SUBJECT: The applicant is requesting a Development Agreement (91-001) to allow ten years for the build -out of Vesting Tract Map 45416. Vesting Tentative Tract Map 45416 contains 253 homes on 121 acres and is located at the Western Terminus of Canvas Street and southerly of Sierra Hwy. DEPARTMENT: Community Development BACKGROUND On September 10, 1991, the City Council overturned the Planning Commission's denial of this project (Resolution No. P91-39). The Council directed staff to prepare an ordinance approving this project and to make modifications to the Development Agreement. If needed, a copy of the revised Development Agreement is available at the Community Development Department and at the City Council meeting. RECOMMENDATION 1. Approve the attached. Negative Declaration with the finding .that the proposed project will not have a significant effect an the environment; 2. Approve Development Agreement 91-001 based on the required findings; and 3. Introduce Ordinance 91-43, waive further reading„ and pass to the second reading. ATTACHMENTS Ordinance 91-43 Negative Declaration LMH/FLF/350 y o:s3�i� ORDINANCE NO. 91-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING AND AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT 91-001 FOR CONDITIONAL USE PERMIT 89-019 AND VESTING TENTATIVE TRACT MAP 45416 FOLLOWS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS SECTION 1. The City Council does hereby find: a. An application for a development agreement was filed with the City of Santa Clarita on February 27, 1991, by Sierra Heights Partnership ("the applicant"). The property for which this entitlement has been filed is an 121 -acre parcel located. south of Sierra Highway and westerly of the terminus of Canvas Street, Assessor's Parcel.Numbers are 2839-002-028,032 and 2839-3-27,901. b. The request is for a development agreement to allow ten years for the build -out of Vesting Tentative Tract Map 45416 ("the Development Agreement"). VTTM 45416 consists of 253 single-family residences and the site is currently vacant. The General Plan designation of the site -is RL. C. On April 3,' 1990, following the public hearings conducted on February 20, 1990 and March 20, 1990, the Planning Commission of the City adopted Resolution P90-13 conditionally approving VTTM 45416 and the negative declaration prepared for the project. d. The applicant is proposing to provide public benefits, as part of the Development Agreement, in addition to those proposed under 'the original'VTTM 45416 approval including the following: 1. The $7,200 -.per unit STD fees would be increased yearly based on the January CPI from the date of VTTM 45416 approval. e. The Planning Commission held a duly noticed public hearing on the Development Agreement application on Tuesday, May 21, 1991 and June 18, 1991 at the City of, Santa Clarita City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. At that time, the Planning Commission received testimony, closed the public hearing and directed staff to return to the meeting on August 8, 1991, with a resolution denying of this development agreement. On July 2, 1991, the Commission adopted Resolution P91-39, denying the development agreement. g. The applicant filed an appeal of the Planning Commission's denial of the'development agreement with the City Clerk.on June.27, 1991. h. The City Council held a duly noticed public hearing to consider this appeal on Tuesday, September 10, 1991, at the City of Santa Clarita City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. SECTION 2. Based upon the above facts; oral and written testimony and other evidence presented at the public hearing, and upon the study and investigation made by the Planning Commission and City Council, the City Council finds as follows: a. The Initial Study prepared for VTTM 45416 is applicable to this project. The Development Agreement does not alter the environmental factors previously considered for VTTM 45416 and will have a de minimus impact on the environment. b. The Development Agreement is consistent, with the General Plan RL designation. C. The Development Agreement complies with zoning, subdivision and other applicable ordinances and regulations. d. The Development Agreement is consistent with the public convenience, general welfare and good land use practice, making it in the public interest to enter into the development agreement with the applicant. e. The Development Agreement will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. f. The Development Agreement will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. g. The Development Agreement will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. SECTION 3. The City of Santa Clarita City Council has reviewed and considered the environmental information contained in the Initial study and determines that it is in compliance with the California Environmental Quality Act and that the Development Agreement will not have a significant effect on the environment and will have a de minimus impact upon wildlife. A Negative Declaration has been prepared for this project. Based upon the findings stated above, the City Council hereby approved the Negative Declaration. SECTION 4. Based upon the foregoing, the City Council does hereby ordain that the Development Agreement is approved and shall be executed by the Mayor on behalf of the City. SECTION 5. This ordinance shall become effective at 12:01 a.m. on the thirty-first day after adoption or upon the recordation of a notice of agreement, whichever occurs last. 1. ' SECTION 6., The CityClerk shall certify as to the passage of this Ordinance and pause it to be published in the manner prescribed•by law and is hereby directed to cause a copy of the fully executed Development Agreement to be recorded with the County Recorder not more than 10 days ,following execution by the City. 0 ATTEST: i PASSED, APPROVED AND ADOPTED this _ day of 1991. CITY CLERK I STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) MAYOR I, Donna M. Grindev, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 91-43 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the. day of ' 1991. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day Of 1991, by the following vote, to wit: AYES: NOES: ABSENT: FLF:347 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CITY CLERK 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: P&V Enterprises. Kensal Inc and Wm. S. Hart Hieh Sch. Dist. TYPE OF PERMIT: Vesting Tentative Tract Map and Conditional Use Permit FILE NO.: DA 91-001 for VTTM 45416. CUP 89-019 ............L ................. ........................... ......... ......:. LOCATION OF THE PROJECT: The westerly terminus of Canvas Street. DESCRIPTION.OF THE PROJECT: To extend the time in which to record a map, make certain off-site improvements, and build the following approved project: subdivison of 3121 acres into 253 single-family residential lots. ............................................................... [ ] City Council • It is the opinion of [X] Planning Commission [ ] Director of Community Development upon review that the project will not have a significant effect upon.the environment. Mitigation measures Form completed by: [ ] are attached [ ] are not attached (Sigh'9ture) Fred Follstad. Assistant Planner (Name and Title) Date of Public Notice: April 29. 1991 . [X] Legal advertisement. [X] Posting of properties. [X] Written notice.