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HomeMy WebLinkAbout1992-03-10 - AGENDA REPORTS - COUNTY MONITORING VALENCIA (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND March 10, 1992 County Monitoring: Valencia Co. Wes tridge.Project Community Development C-7 On February 12, the Regional Planning Commission (RPCJ approved the' proposed "Westridge• project in.the following configuration: Project area: 798 acres Project.amenities: SEA 64 area: 306 acres Elementary school and park 'site Golf course 1868 total residential units' Commercial areas 211 of 1296 oak trees.are.proposed to be removed. Approximately' 200 acres of,the 306 '`acres of'Significant Ecological Area 64 (SEA 64:. Valley Oak Savannah)`:vill be affected: by.either residential. or golf course development. Part- of- SEA. 64: will be affected by construction of the. Old Road' connection from'Valencia Blvd. to: McBe4ti.Parkvay,` At the .final .Commission -public. hearing, (January 23),' opposition., to...the. project:was'expressed by the County:Department -of'Parks,rand Recreation, County Significant Ecological"Area Technical'Advisory'Committee (SEATAC); and several community,organizations.`-The, City has:' presented, extensive 'testimony on the: project, including City'.Council:,Resolutions 91 19,:and� 91-167 (attached), . expressing. the' City's concern. for this ,:'project!,s impact: on..SE6' 64. These Resolutions: specifically opposed the degradation'rof SEA'64,_and requested that the.County.•.adopt_and enforce'strict-,,provisions ao maintain (its)::integritq: Council's'direction to. staff'has{been .to maintain a',position ofacknowledging: that although some. aspects -of, thisproject may. ha4eamerit,:the considerable encroachment_ upon the SEA is nor:acceptable The Commission's`decision'.:on the. Conditional Use' rPermit,•Tentative.Tract, .and Oak Tree Permit may..be`appealed i,to the 'Board of -.Supervisors:. The' zone, change, and. general -plan.,amendment, as legislative_ actions; -still require "approval..by - the Board. of Supervisors. Should the'.City. wish`to`pursue.further.action on thisproje.ct;'staff is_ requesting: policy. direction -:,as .,to the 'City's.,stance,• the ,degree .of, importance;'that`':_Comic il'.places 'on':this :project`<and '._its associated' issues, and the. likely .extent of the .City's consideration: of alternatives or legal remedies Age�aaa item: In consideration of these.policy questions;'the Councilmay. take .one broad approaches, or.a combination of approaches: 1. Active Approach of 'three Direct staff to file an appeal of the RPC- decision to the Board of Supervisors, and pursue legal action. (Appeal fees *for .the tract -map are $260.00' and anticipated to be approximately $2,000.00 for the Conditional Use Permit. The latter fee is based on the footage of - the tapes ($0.40 per foot) .from each public hearing,` and has not yet be.en determined.for, this project.) Z. Moderate Approach . Adopt a 'softer" stance with the Board, and,testify at the Board hearing reiterating the City's stated position without .appealing the RPC decision. (The strength of. future legal action may be reduced if this option is taken.) 3. Passive Approach Cease requesting project changes,, and pursue acquisition and/or dedication to the City of remaining 'SEA property (approximately 100 acres)'. Request that the County direct the applicant to pay .the costs of revising, implementing, and managing the •habitat restoration. program" for a minimum period..of five years:; .' In determining the policy approach on the Westridge .project, the following questions, issues and additional policies should be considered. It should be noted that. Council policy�on this SEA may .bear a direct relationship to the City's policy on SEA' s'.vithin:th'e..City, (i.e...SEA.23 the. Santa Clara River.) 1. Of what value is, the SEA: to',the ; City?' What'. 'should City policy be regarding SEA!s toutside ;'i -of 'ahe..incorporated area? (According to SEATAC,,County Parks and Recreation,, and.the City.Oak Tree Consultant, SEA 64 has enough intrinsic ';value ,.to•.be,:preserved in' its -entirety,.: . particularly -if restoration efforts are: made. .,Both SEATAC and County. Parks have'stated'-that 'if this pr47ecC is>approved,`the basic nature "of this 'SEA. will `:be :irreparably.: damaged.)..County policies do allow development within SEA but:give•little.specific direction about the degree and type ,,of development In.:their decision, the :Regional mm Planning .Coission :focusedon ahe County's 'policy-, to allow development of.private,property, the, benefits` of.-a_,public. golf course, and the provision of housing. 2..',Is' the.Council,.satisfied. with the- changes .made to the project. to date? .The applicant`.has:.,reduced the. request for` oak tree removals from an original`409.to,ahe 211 now requested. `.Encroachment on .SEA 64 . has been:'somewhat."reduced;' although not .to the satisfaction of, at least two County agencies.. 3. Does the Council wish to attempt to_change the•;Westridge-project, or to simply request 'denial?_ 4. With SEA 23 in mind, does a decision regarding SEA .64/Westridge precipitate general policy direction for SEA's and distinguish between private vs. public projects -- i.e. should the City adopt a "public benefit standard* for SEA's.when a public project, such as a necessary roadway, pipeline or other infrastructure is proposed to be constructed in an SEA, and adopt more strict standards. for private projects? It should be noted that City staff is still awaiting receipt of the RPC's conditions of approval. During theperiodwhile-they are being drafted, staff has also considered that although Council may choose to appeal the decision, it would be appropriate to suggest a condition requiring dedication of the remaining. undeveloped SEA (lots 1090 and 1091) to either the County or- other public or private non-profit agency for the purpose of guaranteeing its continuation as open space, available to the public. Staff has prepared a letter for delivery to Regional Planning to this effect, (attached) including an offer by the City to the County to accept dedication of the non-developed portions, including. monitoring and management responsibilities of the SEA. Staff requests Council approval of this request and -confirmation- of the City's offer to accept dedication and management responsibilities. . RECOMMENDATION: Receive report, and 1. Establish the City's stance on the Westridge project, SEA 64, and the desired policy approach to be taken (i.e. Active, Moderate, or Passive approaches). If -active approach is selected; authorize staff to: a. pursue appeal of the decision by the .Regional Planning Commission to approve the Westridge-project, including payment of necessary fees; and b. take appropriate steps to prepare a foundation for further legal action, if -necessary. 2. Provide policy direction on Significant Ecological Areas; 3. Approve the letter to Regional Planning- regarding the addition of an -open space condition and.offer.to accept dedication and management of a portion of SEA 64.,.and direct staff to deliver the letter to the Department of Regional Planning. CMK:724 Attachments: Letter to Mr. 'James Nartl, Director of Regional Planning. City Council Resolutions 91-19 and 91-167 City of Santa Clarita Jill Klajic Mayor Howard "Suck" McKeon Mayor Pro•Tem Carl Boyer. 3rd Councilmember Jo Anne Darcy Councilmember Jan Heidt Councilmember 23920 Valencia Blvd. Suite 300 City of Santa Clarita California 91355 February 26, 1992 Phone (805) 259-2489 Fax (805) 259.8125 Mr. James Hartl Director.of Regional Planning County of Los Angeles 320 West Temple Street Los Angeles, CA 90012 ATTENTION: MR. DON CULBERTSON, ZONE CHANGE SECTION Re: Project No. 87-222: Valencia Company 'Westridge' Dear Mr. Hartl: It is the City's understanding that Project No. 87-222 "Westridge° was approved by the Regional Planning Commission on Wednesday, February 12, and that Regional Planning staff is.presently preparing the Final EIR with responses to comments, findings and conditions of approval for the Commission's consideration. We further understand that the applicant has offered to dedicate the remaining portion of Significant Ecological Area 64 to the County or other public agency. If this is so, and if the County is unable to accept the dedication of SEA 64 for any reason, the City would consider offering to accept such a dedication, and would be willing to accept the management responsibilities of the area: We offer. the following as a condition of approval: The applicant shall dedicate Lots 1090 and 1091 .of that portion of the subject property designated as "SEA 64" to the County of Los Angeles or other public or private non-profit agency for 'the continued preservation of the property in perpetuity as open space for low intensity, passive recreational and/or educational uses, open to the public. The right to restrict construction for this portion of the property shall be dedicated in perpetuity to the County of Los Angeles or such other public or private non-profit agency. We also request that the•FEIR, conditions of approval, and findings be sent to the .City as soon as they are available, and prior to their adoption. If necessary, we will send a messenger down to pick them up in order to review them.. If you have any questions about our request, please call Christine Kudija of my staff at (805) 255-4330. Thank you for your assistance. Sincerely, Lynn M. Harris Deputy City Manager Community Development LMH:CMK:718 cc: Dave Vannatta, Planning Deputy Frank Meneses, Impact Analysis Section RESOLUTION NO. 91-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, TO LOS ANGELES COUNTY REGARDING THE PROPOSED WESTRIDGE RESIDENTIAL AND COMMERCIAL SUBDIVISION, PROJECT NO. 87222/TRACT 45433 IN THE UNINCORPORATED AREA OF THE SANTA CLARITA, VALLEY REQUESTING THE COUNTY TO IDENTIFY AND MITIGATE TRAFFIC IMPACTS TO THE CITY OF SANTA CLARITA. OPPOSING THE ENVIRONMENTAL DEGRADATION OF SIGNIFICANT ECOLOGICAL AREA NO. 64 AND REQUESTING PROTECTIVE MEASURES/ ALTERNATIVES FOR ITS CONTINUED VIABLILITY VHEREAS, the County of Los Angeles Regional Planning Commission and Board of Supervisors will be considering the approval of the proposed Westridge development, which is a 798.5 acre project, including 1,939 residential units on 415.8 acres,.41.5 acres of commercial uses, a 12.6 acre elementary school site, and a 184.7 acre public golf course and related support facilities, and WHEREAS, the project applicant has requested the following entitlements: approval of Tentative Tract 45433, Case No. 87-222, including a Subplaa.Amendment. Zone Change. Conditional Use Permit, and Oak.Tree Permit; and WHEREAS, the Draft Environmental Impact.Report (EIR) prepared for this project identifies areas of substantial environmental impact, including impacts to SEA 64, traffic and circulation, noise, air quality, water service, sewage disposal, fire and police protection, educational facilities, biota, scenic qualities, and solid waste disposal; and WHEREAS, the project is located northwest of the intersection of McBean Parkway. and the Golden State Freeway, west of the City. _of _Santa Clarita .,... and'ad scent to veatern bounder ... j ry of the City; and.' WHEREAS, an approximately -300 -acre portion of the property has been designated by ,the County of Los Angeles as Significant Ecological. Area No. 64, Valley Oaks Savannah, Nevhall (SEA 64); and WHEREAS, the proposed development may have a substantial impact upon the City of Santa Clarita, and its circulation network, infrastructure and levels of service. WHEREAS, the City of Santa Clarita desires to provide formal comment and testimony to the County of Los Angeles on the proposed project and the related Environmental Impact Report, all to be a part of the official record; NOV. THEREFORE. THE'CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE, DETERMINE AND FIND AS FOLLOWS: Reso No. 91-19 SECTION 1. The City finds that although some of the impacts of this project may be adequately mitigated by measures'identified in the Draft Environmental Impact Report, project impacts to the Significant Ecological Area, the City circulation network, infrastructure, and levels of service, and the cumulative project impacts have not been adequately addressed nor appropriate mitigation measures proposed, as addressed in the City's comment on the Draft EIR, dated January 29, 1991, incorporated herein by reference as Attachment 1. The City requests that the County accept the responsibility for the identification and mitigation of the impacts of this project, and the cumulative project impacts on the City circulation network, infrastructure, and levels of service. SECTION 2. In light of the County's recent approval of a comprehensive amendment to the Santa Clarita Valley Areavide Plan, the City is concerned that this project requests further amendments to said plan. The City requests.that no further plan amendments be granted at this time unless substantial community benefits are realized., SECTION 3. The City requests that the County adopt and enforce strict provisions to maintain the integrity'of Significant Ecological Area 64 (Valley Oak Savanna, Newhall) in consideration of any approvals for the proposed project. SECTION 4. The City finds that the environmentally superior alternatives which have been identified and rejected in the Draft EIR, or a combination thereof, warrant further consideration in order to determine the appropriate use and development in and around the valley Oak Savannah, (L.A. County Significant Ecological Area No. 64). The City opposes the •environmental degradation of SEA No. 64, and requests that responsible protective measures and consideration of project alternatives be undertaken by the County for its continued viability and identity. SECTION S. The City further finds that an analysis of alternative sites has not been performed for this project and that such an alternative .............site..for.this project.may-be.'.feasible andappropriatein light of substantial available land in the vicinity which is controlled by the applicant that would avoid encroachment into the significant ecological area and lessen significant environmental effects. SECTION 6. The City requires that further environmental assessment be. conducted on this project, including a good faith.effort to evaluate ptentially significant individual and cumulative impacts, feasible alternatives and mitigation measures which would lessen the significant environmental effects of ,the project; and, that this evaluation, together with a response and full assessment of the.environmental impacts identified in the City's comments be included in the Final EIR prior to certification and carefully considered prior to any approvals being granted for this project. SECTION 7. The City Clerk shall certify to the adoption of this Resolution and certify this record to be a full true correct copy of the action taken. Reso No. 91-19 PASSED, APPROVED, AND ADOPTED this 29t Aday of January , 1991. Carl Hoyer, Mayor ATTEST: 011:A2 GRI E CITY CLE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita, at a regular meeting thereof, held on the 29th day of Janes, 1991, by the following vote of the Council: AYES: COUNCILMEMBERS Darcy, Beidt, Rlajic,.McRecn, Boyer NOES:, COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None 1 Reso No. 91-19 r ONNA GRINDEY, CITY CLE RESOLUTION NO. 91-167 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, TO LOS ANGELES COUNTY REGARDING THE PROPOSED WESTRIDGE RESIDENTIAL AND COMMERCIAL SUBDIVISION, PROJECT NO. 87222/TRACT 45433 IN THE UNINCORPORATED AREA OF THE SANTA CLARITA VALLEY, REQUESTING THAT THE COUNTY CONSIDER THE PROPOSED ALTERNATIVES TO AND/OR ALTERNATIVE SITES FOR THE PROJECT, AND OPPOSING THE ENVIRONMENTAL DEGRADATION OF SIGNIFICANT ECOLOGICAL AREA NO. 64, AND REQUESTING PROTECTIVE MEASURES/ALTERNATIVES FOR ITS OONTINUED VIABILITY WHEREAS, the County of Los Angeles Regional Planning Commission and Board of Supervisors will be considering the approval of the proposed Westridge development, which is a 798.5 acre project, including 1,890 residential units on 419.8 acres, 41.5 acres of commercial uses, a 17 -acre - elementary school and park site, and a 201.8 acre public golf course and related support facilities, and WHEREAS, the project has been revised from a previous proposal presented at public hearings on April 17 and June 27 which included 1,872 residential units an 432.4 acres, .51.4 acres of commercial .uses, a 17 -acre elementary school and park site, and.a 213 -acre public golf course; and WHEREAS, the project applicant has requested the following entitlements: approval of Tentative Tract 45433, Case No. 87-222,including a Subplan Amendment, Zone Change, Conditional Use Permit, and Oak Tree Permit; and WHEREAS, the project is located northwest of the .intersection of .McBean`Parkway and the Goldea.State Freeway, west of the City of Santa'Clarita and adjacent'.to the western boundary of the.City; and WHEREAS, an approximately 300 -acre portion of the property has been designated by the County of Los Angeles as Significant Ecological. Area No. 64, Valley:Oaks Savannah,` Newhall (SEA 64); and . . .. WHEREAS, thei Draft Environmental Impact Report (EIR),prepared for this project.. identifies areas of'- substantial effect on the environment, including effects, to SEA 64, traffic and circulation, noise, air quality, .water °service I sewage disposal, fire and police protection, educational facilities. biota, scenic qualities, and solid waste disposal; and WHEREAS, the Supplemental Environmental Impact Report (SEIR) prepared for this project evaluates the revised proposal, and identifies additional. areae of environmental effect, notably traffic and other cumulative effects to - the City, and also identifies three alternative sites for the proposed _project; and WHEREAS, the alternatives and the alternative sites to the proposed project which would avoid or substantially lessen such significant effects have been rejected in the DEIR and SEIR; and 11 WHEREAS, the SEIR states that SEA 64 has been 'more. precisely identified, resulting in a decrease in the number of trees located inside of the SEA and an increase in the number of trees located outside the SEA" (p. 86, SEIR); and WHEREAS, the proposed development still proposes to affect over two-thirds of the net area of the SEA; and WHEREAS, the proposed development may have a substantial effect upon the City of Santa Clarita, and its ,circulation network, infrastructure and levels of service; and WHEREAS, the City of Santa Clarita has .previously commented on the proposed project, as addressed in letters dated January 29, April 11, July 9, August 2, September 5, and September 20, 1991; in public testimony on April 17, June 271 and September 26, 1991; and in Resolution 91-19 (presented at public hearing on April 17, 1991), incorporated herein by reference as Attachment 1; and WHEREAS, the City of Santa Clarita desires to provide additional formal comment and testimony to -the County of Los Angeles on the proposed project and the related Environmental Impact Report, all to be a part of the official record; NOW, THEREFORE. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HERESY RESOLVE, DETERMINE AND.FIND AS FOLLOWS: SECTION 1. The City finds that although some of the effects of this project may be adequately mitigated by measures identified in the Draft and Supplemental Environmental Impact Reports, project effects to the Significant Ecological Area, the City circulation network, infrastructure, and levels of service, and the cumulative project effects have not been adequately assessed .nor, appropriate mitigation measures proposed, as addressed in the City's comment on the Draft EIR, dated January 29, 1991, incorporated herein by reference in Attachment 1. The City requests that the County accept the responsibility for the, identification and mitigation of the effects of this project, and the cumulativeproject effects on the City, circulation' network. infrastructure, and levels of service. SECTION - 2, In light of . the County's recent. approval of a domprehensive amendment to the Santa Clarita Valley Areavide Plan, the City is concerned that this project requests further amendments to said plan. Furthermore, the .project appears to exceed the midpoint .density of the proposed' designations, thereby exceeding future planned infrastructure capacity. The City requests that no further plan amendments be granted at this time, and that no exceedances beyond the midpoint density range be granted unless substantial and overriding community benefits are realized, including mitigation and expansion of the systems necessary to serve such greater densities. SECTION 3. The City finds that the discussion of proposed alternative projects and proposed alternative sites lacks sufficient analysis and objective selection and conclusions as required by the California Environmental Quality Act (CEQA) Sections 21001g,' 21002, 21003c and CEQA Guidelines. Section 15126d. The City further finds that discussion in the DEIR and SEIR of said alternatives -and alternative sites appears to exhibit a predetermination toward the proposed project, and falls short of a good faith effort to identify feasible alternatives that would substantially lessen the significant environmental effects of the proposed project. SECTION 4. The City finds that Alternative Site 'Expanded Site/SEA Open Space Alternative' appears to have merit, to achieve project objectives, and to reduce effects to SEA 64 to. below a significant level, has been rejected for predominantly non -environmental, economic reasons. The City believes that the alternatives should receive serious consideration. SECTION 5.. The City further finds that Alternative Site 'North River -Creek Alternative;" although selected in the SUR as the environmentally superior alternative, may substantially affect. another Significant Ecological Area: SEA 19, San Francisquito Canyon. SECTION 6. The City finds that the environmentally superior alternatives, and alternative sites, which have been identified and rejected in the Draft EIR, or a combination thereof as identified by the City, warrant further consideration in order to determine, the appropriate use and development in and around the Valley Oak Savannah, (L.A. County Significant Ecological Area No. 64). The City opposes the environmental. degradation of SEA No. 64, and requests that responsible protective measures and consideration of project alternatives be undertaken by the County for its continued viability and identity. SECTION. 7. The City requests that the County adopt and enforce strict provisions to maintain the integrity of Significant Ecological Area 64 (Valley Oak Savanna, Newhall) in its entirety, in consideration of any approvals for the proposed project. The City further requests that the boundaries of SEA 64 be surveyed and defined by an independent biologist team, ,and that adequate buffer area be provided. SECTION a. The City further finds .that the DEIR and SEIR fail to adequately identify, and therefore -to mitigate appropriately, individual and cumulative effects -on -the Valley.Oak Savannah and an the overall habitat both within the Significant Ecological Area and proximate to it. ...... ...:,.. ... SECTION 9.• The City requires that a response and full assessment of the environmental effects identified in the City's comments be included in the Final EIS prior to certification and carefully considered prior`.to any approvals being granted for this project. SECTION 10. The City supports any effort to: acquire the property_ within SEA 64 for parkland purposes by any environmental agency or public agency pursuant to the provisions of S.B. 659. SECTION 11. The City Clerk shall certify to the adoption of this Resolution and certify this record to be a full true correct copy of the action taken. A PASSED, APPROVED AND ADOPTED this 2214 day of October , 1991. ATTEST: nna M. Grindey, City Clerk STATE -OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) Carl Boyer, Mayor I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the Cit of Santa Clarita at a regular meeting thereof, held on the 22nd day of City 1991 by the following vote of Council: AYES: COUNCILMEMBERS: Barry, HeWt, Klajic, MKeon, Boyer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Noce ABSTAINED: COUNCILMEMBERS: None onna M. Grindey, City Clerk