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Home My WebLink About1992-04-02 - AGENDA REPORTS - ORD 92 7 PREZONE 89 003 (2)UNFINISHED BUSINESS DATE: April 2, 1992 AGENDA REPORT City Manager Approval Item to be presenteby 1 ' Lynn M. Harris SUBJECT: The applicant is requesting to enter into a formal agreement to allow for a seven year build out for the approved Vesting Tract Map 47324, Conditional Use Permit 89-007, Pre -Zone 89-003, and Oak Tree Permit 89-046. The applicants are Sand Canyon Estates LTD (Stan Fargeon, General Partner), Clem and Paula Cox, Edith Palmer and Mary Dapas, Trustee. Ordinance 92-7 DEPARTMENT: Community Development BACKGROUND This item, Ordinance 92-7, was introduced and passed to second reading at the Council meeting of March 24, 1992. RECOMMENDATION Waive further reading and adopt Ordinance 92-7. ATTACHMENTS Ordinance 92-7 Letter dated March 26, 1992 (Agreement available in the City Clerk's Office) FLF/431 1 Agenda Item: LAW OFFICES BuRXE, WILLIAMS & SORENSEN 611 WEST SIXTH STREET, SUITE 2500 MARTIN ,^. BURKE' ROBERT V. WADDEN JAMES T. BRADSHAW, JR- FRANK M. WHITEHEAD. M MARK C ALLEN, JR! MARYANN LINK GOOOKIND MARTIN L BURKE' TIMOTHY B. MCOSKER CARL K. NEWTON' RITA J. MUNSON J. ROBERT FLANDRICK- STEVEN J. DAWSON NORMAN E G t TERRY P. KAUFMANN EDWARD M.FO%' STEPHEN R. ONSTOT DENNIS P. BURKE* JAIME AREVALO LEIAND C. DOLLEN F. DANIELS CRAWFORD. S NEIL E YEAGER' JOHN E. CAVANAUGH BRIAN . RIERIK' MARK O. HENSLEY CHARLES M. CALOEPON* PETER D. TREMBLAY PETER M. THORSON` WLBERT A- TRWIUO JERRY M. PATTERSON GREGORY P PRIAMOS HAROLD A. BRIDGES* DAVID M. MCCARTHY CHERYL J. KANE* JOSEPH P. BUCMMAN RAYMOND J. FUENTES' GREGORY T. DION BARRY S. GLASER ANTHONY R CONOOTTI VIRGINIA R. PESOIA AUDREY NO S. PAUL BRUGUERA KAREN J. SCHULOT S. DEREK STRAATSMA JANET S. GARMSS DON G. KIRCHER PAUL C ANOERSON MICHELE VADON-PIVERA BRENDA L DIEDERICMS SCOTT F. FIELD TIMOTHY V. P. GAL4GHER MARY REOUS GAYLE6 JOHN J. WELSH RUFUS C YOUNG. JR. MARY JO SHELTON-OUTCHER STEVEN KARLTON KOP JEFFREY KIGMTLINGER JUDITH A. ENRIGHT EDVIN E. MINASSIAN KATHRYN R PETERS° JUDITH K. ANDERSON THOMAS C WOOD TIMOTHY D. CAEMIN LISA E. KRAWTZ GREGORY D. DIAZ KIM E MCNAU-Y KENNEIM D. ROZELL M. LOIS BOBAK LAURIE E. SMERWOOO *PROFESSIONAL CORPORATION 4 FROFLSSONAL ASSOCunOH AOMRTLD IK KANSAS i MISSOVRI 'goV, KANSAS SAOMRTEO IN :ALIFORM^^. NANSA3 6 MBSOUR. LOS ANGELES, CALIFORNIA 90017 (213) 236.0600 TELECOPIER; 1213) 236-2700 HARRY C WILLIAMS 0912.19671 ROYAL M. SORENSEN 11 91419 6 31 March 26, 1992 VIA OVERNIGHT MAIL Mr. Fred Follstad Associate Planner City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Dear Fred: VENTURA COUNTY OFFICE 2310 PONDEROSA DRIVE SUITE I CAMARILLO. CALIFORNIA 93010 IBOSI 967-3966 ORANGE COUNTY OFFICE 3200 BRISTOL STREET SUITE 640 COSTA MESA. CALIFORNIA 92626 IT19) 5 15-5559 BURKE, WILLIAMS, SORENSEN 6 GAAR LIGMTON PLAZA 7300 COLLEGE BOULEVARD SUITE 220 OVERLAND PARK, KANSAS 66210 (9131 339-6200 OF COUNSEL DWIGHT A NEWELL WRITER'S DIRECT DIAL (213) 236-2832 OUR FILE NO. 02012-001 Re: Final Draft of Development Agreement 91- 008/Sand'Can von Estates, Ltd. Enclosed with this letter is the final draft of the Development Agreement by and between the City of Santa Clarita and Sand Canyon Estates, Ltd., etc., et al. as modified by the City Council on March 24, 1992. Please note that I previously sent a proposed, final draft to the City on March 24th. The enclosed document differs in two respects. First, you.will see language at the bottom of page 14 regarding the eight month recordation date of the Agreement. I have added language to clarify the result of Lynn Harris's negotiations with the developer. The new language reads as follows: "Notwithstanding.any other provision of this Agreement, including provisions regarding modification, revocation, amendment, exten- sion, or default, if the Developer has not recorded the final vesting map within eight months of the recordation date of this Agree - 10104.1 Mr. Fred Follstad March 26, 1992 Page 2 ment, this Agreement shall be automatically null and void." This is a clarification of the considerationas negotiated from the developer, recommended to the Planning Commission, and to be adopted by the Council. Additionally, there are two new items of consideration on page 15. These .items were as recommended by Dorothy Riley during the public hearing, accepted by the developer and directed by the City Council. The language reads as follows: "(i) All replacement of oak trees as identi- fied by Vesting Tentative Tract Map 47324 and Oak Tree Permit 89-046 shall be of the same species as those removed. "(j) All oak trees located on the Project Site shall be monitored by the Developer's oak tree consultant for the entire term of this. Agreement. Said monitoring shall in- clude, at a minimum, an annual report by the Developer's oak tree consultant and submitted to the City for review and approval by the City's oak tree consultant." With these modifications; the document is complete and final. The ordinance may go to second reading on April 2, 1992. If you have any comments or questions, please do not hesitate to contact me. Si rely, IMOTHY B: McOSKER for.BURKE, WILLIAMS & SORENSEN TBM/sjw Enclosure cc: George Caravalho, City Manager Lynn M. Harris, Deputy City Manager/ Community Development Carl K. Newton, City Attorney 10104.1 ORDINANCE NO. 92-7 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT 91-008 FOR VESTING TENTATIVE TRACT MAP 47324 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 November 20, 1991, by Sand Canyon Estates ("the applicant"). The property for which this entitlement has been 'filed is 137 acres located at 16000 Live Oak Springs Canyon Road. The Assessor's Parcel Numbers are 2840-13-13,-14,-15, 2840-14-22 and 2840-16-02,-21. b. The request is for a development agreement to allow seven years for the build -out of Vesting Tentative Tract Map 47324 ("the Development Agreement"). ,VTTM 47324 consists of 70 single-family residences and the site is currently vacant. The General Plan designation of the site is RVL and RE. C. On April 24, 1990, the City Council. adopted_ Resolution 90-76 conditionally approving VTTM 47324 and adopting the mitigated 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 47324 approval, which includes the following: 1. The applicant will record the Vesting Tract Map within eight months after the Development Agreement is recorded. 2. The applicant shall contribute the Bridge and Throughfare district fees in effect at time of issuance of building permits, for areawide highway improvements. 3. A condition of the map required the applicant to contribute $500,000 towards the construction of the Live Oak Springs .Canyon flood control system. The $500,000 shall be considered the base fee as of April 1990 (when the map was approved.) This base fee shall be multiplied by the increase in the Consumer Price Index for each subsequent year after 1990 until the fee is paid. e. The Planning Commission held duly noticed public hearings on the Development Agreement application on Tuesday, March 3, 1992 and March 17, 1992 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 both forandagainst the project. The Commission adopted Resolution P92-10, certifying the negative declaration and recommending approval of the Development Agreement to the City Council. Ordinance No. 92-7 Page 2 f. 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 47324 is applicable to this project. The Development Agreement does nbt alter the environmental factors previously considered for VTTM 47324 and will have a de minimus impact on the environment. b. The Development Agreement is consistent with the General 'Plan RE and RVL 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 S. 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. Ordinance No. 92-7 Page 3 SECTION 6. The' City Clerk shall certify as to the passage of this Ordinance and cause it to be punished 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 _ day of , 1992. MAYOR ATTEST: CITY CLERK 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. 92-7 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 1992. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 1992, by the following vote, to wit: AYES: NOES: COUNCILMEMBERS: ABSENT: CITY CLERK FLF:428