HomeMy WebLinkAbout1991-10-22 - ORDINANCES - DEVAGMT 91 004 (2)ORDINANCE NO. 91-41
A ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
APPROVING AND AUTHORIZING EXECUTION OF
DEVELOPMENT AGREEMENT 91-004 FOR
VESTING TENTATIVE TRACT MAP 47863
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The City Council does hereby find:
a. An application for a development agreement was filed with the City
of Santa Clarita on March 4, 1991, by American. Landmark ("the
applicant"). The property for which this entitlement has been filed
is 32 acres located north of Whites Canyon Road between Nadal Street
and Wildwind Road. The Assessor's Parcel Numbers are 2802-38-136
and 137.
b. The request is for a development agreement to allow ten years for
the build -out of Vesting Tentative Tract Map 47863 ("the Development
Agreement"). VTTM 47863 consists of 80 single-family residences and
the site is currently vacant. The General Plan designation of the
site is RL.
C. On March 20, 1990, following the public hearings conducted on
December 19, 1989, January 16, 1990, and February 20, 1990, the
Planning Commission of the City adopted Resolution P90-16
conditionally approving VTTM 47863 and the negative declaration
prepared for the project.
d. On May 22, 1990, the City Council adopted Resolution 90-74,
approving VTTM 47863 and the negative declaration prepared in
connection therewith.
e. The applicant is proposing to provide public benefits, as part of
the Development Agreement, in addition to those proposed under the
original VTTM 47863 approval including the following:
1. The 28 acre park site and the 7 acre library site would be given
to the City by December 31, 1991, regardless of whether or not
the American Landmark or Weston tracts record. American
Landmark and Weston have also paid for the cost of a parcel map
(TPM 22398) which included donation of an additional 7 acres for
a library site adjacent to the park site. The 35 acre
park/library site is valued at $510,000.
2. The $199,500 (American Landmark's share of the $700,000) would
be given to the City upon issuance of the first building permit
for VTTM 47863. This cash donation would be increased yearly
based on the January CPI from the date of VTTM 47863 tract
approval.
3. The $5,300 per unit BTD fees would be increased yearly based on
the January CPI from the date of VTTM 47863 approval.
P"^ 4. A new fee of $1,067.62 per unit for development of bicycle lanes
in the City would be paid and would be increased yearly based on
the January CPI from the effective date of the Development
Agreement.
f. The Planning Commission held a duly noticed public hearing on the
Development Agreement application on Tuesday, July 16, 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 AVgus-t 8, 1991, with a
resolution certifying the negative declaration and recommending
approval of the Development Agreement to the City Council. On
August 8, 1991, the Commission adopted Resolution P91-35, certifying
the negative declaration and recommending approval of the
Development Agreement to the City Council.
g. The City Council held a duly noticed public hearing to consider this
ordinance on Tuesday, September 24, 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 47863 is applicable to this
project. The Development Agreement does not alter the environmental
factors previously considered for VTTM 47863 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, which
was approved by the Planning Commission, 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.
SECTION 6. The City Clerk shall certify as to the passage of this
Ordinance and cause it to be published in the manner prescribed by law 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 the
execution by the City.
PASSED, APPROVED AND ADOPTED this 2-L2cd day of October 1991.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) as
CITY OF SANTA CLARITA)
I, Donna M. Grindev,City Clerk of the City of Santa Clarita, do
hereby certify that the foregoing Ordinance No. 91-41 was regularly introduced
^ and placed upon its first reading at a regular meeting of the City Council on
the 8th day of October 1991. That thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 22nd
of October 1991, by the following vote, to wit: day
AYES: COUNCILMEMBERS: Darcy, Klajic, McKeon, Boyer
NOES: COUNCILMEMBERS: Heidt
ABSENT: COUNCILMEMBERS:
LHS:347