HomeMy WebLinkAbout1992-03-24 - AGENDA REPORTS - ORD 92 7 SANDCYN ESTATES (2)PUBLIC HEARING
DATE: March 24, 1992
AGENDA.REPORT
City Manager Approv
Item to bg� QSent� by:
Lynn Harris 7 aJ
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:
In April of 1990, the City Council approved Pre -Zone 89-003 and upheld the
Planning Commission approval of Vesting Tentative Tract Map 47324, Oak Tree
Permit 89-046, and Conditional Use Permit 89-007. The approved, project
consists of 70 single family homes on 137 vacant acres. A copy of the
original staff report and Conditions of, Approval -are- included for your
information.
On January 28, 1992, the City Council adopted Resolution 92-24 which
established policies, provisions, and criteria for Development Agreements.
This document is attached.
The applicant's original agreement requested a 10 year time frame in which to
build out the project as well as no, additional benefits beyond the conditions
of the approved Vesting Tract Map. Staff and .the applicant met prior to the
Commission meeting and in an effort to comply with Resolution No. 92-24, the
applicant agreed to the following:
1) The applicant will reduce the duration of the agreement from 10 years to
seven years.
2) The applicant will agree to record the Vesting Tract Map within eight
months after the Development Agreement is recorded.
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. This improvement is of an area wide significance. The
estimated cost for the improvement is $1,750,000, with the County
already allocating $1,250,000 towards this improvement. The $500,000
contribution would provide sufficient funds for the completion of the
improvement. The applicant agreed to subject this contribution to
changes in the Consumer Price Index for each subsequent year after 1990.
(when the project was approved) until the fee is paid
.``//
r ovz 4genda Item:
Page 2
An initial study was prepared and certified for the approved' tract map during
the Public Hearings. Since there is no physical change in the project, only
the extension of the time frame in which to build out the project, an .
identical Negative Declaration was prepared for this proposal.
PLANNING COMMISSION ACTION
The project was heard by the Commission on March 17, 1992. During the
Planning Commission's public hearing on the project an issue was raised
concerning the project's consistency with the provisions of Resolution No.
92-24. The Commission cited the importance of the Live Oak Springs Canyon
flood control improvement and the necessity of the applicant's contribution to
complete this improvement. The applicant, within the development agreement,
indicated that they would contribute this fee prior to occupancy of the first
unit in the development. The Commission, citing the necessity to have the
improvement as soon as possible, recommended that the contribution be paid
prior to or at recordation of the map. This would require the payment within
eight months from when the development agreement is recorded, if approved.
Two persons spoke In favor of the project, citing the project's benefits and
compatibility with surroundingresidences. Staff has also received two
letters supporting the project from the Sand Canyon and Crystal Springs
Homeowners Associations. No persons spoke against the project.
Following the public hearing, the Commission found that the project was
consistent with the provisions of Resolution No. 92-24, contingent upon the
revisions agreed upon by the applicant and payment of the contribution prior
to the recordation of the map. The Planning Commission unanimously
recommended approval of the development agreement to the City Council.
If approval of the agreement is considered, staff recommends that the Council
approve the development agreement as revised, subject to language changes made
by the City Attorney. Due to time constraints imposed upon the project, the
City Attorney's office has not had sufficient time to review the revised
agreement, which reflects the changes made by the applicant and Planning
Commission.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the attached Negative Declaration with the finding that the
proposed project will not have a significant effect on the environment;
2. Approve Development Agreement 91-008, subject to language. revisions made
by the City Attorney;
3. Introduce the attached Ordinance 92-7, waive further reading, and pass
to the second reading.
GEA:500
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
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CITY -OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
A public hearing on this- matter and associated potential environmental
impacts, if any, will be conducted by the City of Santa Clarita City Council
on:
DATE: March 24, 1992
TIME: 6:30 p.m.
LOCATION: City Council Chambers
23920 Valencia Blvd., First Floor
Santa Clarita, CA 91355
PROJECT LOCATION: 16000 Live Oak Springs Canyon Road, east' of. Sand Canyon
Road.
ASSESSOR'S PARCEL NO.
2840-013-013, 014, 015; -014-022; and -016-002, 021.
APPLICATION: Master Case No. 91-173, Development Agreement 91-008
PROJECT DESCRIPTION:
A Development Agreement to allow for up to ten. years to record Vesting
Tentative Tract 47324 consisiting of 70 single family residences.
PROJECT PROPONENT: Sand Canyon Estates LTD
A PROPOSED MITIGATED NEGATIVE DECLARATION has been prepared for this project
and is available for public review beginning at 4:00 p.m. on January 18. 1992
at:
City Hall
Valencia Library
Department of Community Development
If you wish to challenge the action taken on this matter in court,. you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this notice, or in written correspondence delivered to
the City of Santa Clarita at, or prior to, the public hearing.
For further information regarding this proposal, you may contact the City of
Santa Clarita, Department of Community, Development, 23920 Valencia Blvd.,
Third Floor, Santa Clarita, CA 91355;.Telephone: (805) 255-4330.
DATED: MARCH 2, 1992
Donna M. Grindey
City Clerk
PUBLISH DATE: MARCH 3, 1992
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.
ecorded:
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 for and against 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 not 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 nothave 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.
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 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 _ 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: COUNCIL14EMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
FLF:428
RESOLUTION NO. P92-10
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL DEVELOPMENT AGREEMENT 91-008 FOR
VESTING TENTATIVE TRACT MAP 47324, OAR TREE PERMIT 89-049
AND CONDITIONAL USE PERMIT 89-019
LOCATED AT 16000 LIVE OAR: SPRINGS CANYON ROAD,
EASTERLY OF SAND CANYON ROAD
(MASTER CASE 91-173)
WHEREAS,' application for avesting tentative tract map has been
considered and approved by the City Council 'of the City of Santa Clarita on
April 22, 1990; and
WHEREAS, determination has.•been 'made by the City .Council that a
mitigated Negative Declaration be certified for the application; and
WHEREAS, the proposed Development Agreement does not alter the
environmental factors previously considered for the approved application; and
WHEREAS, the Planning Commission has. determined that the existing
certified mitigated, Negative Declaration adequately addresses the proposed
Development Agreement for Vesting Tentative Tract Map 47324
NOW, THEREFORE,_ BE IT RESOLVED, that the Planning Commission of the
City of Santa Clarita does hereby certify the Mitigated Negative Declaration
and recommends to the City Council approval of Development Agreement 91-008
subject to non -substantive revisions approved by the City Attorney or his
designee.
PASSED, APPROVED AND. ADOPTED ttt�is 7th day 6f March, 1992.
` 6rry herrington
Chairman of the Planning Commission
I' HEREBYCERTIFY that the foregoing Resolution was duly adopted by
...;:,,the, Planning;;Commissioaaof _-the' City. of" Santa; Clarita'' at -a'-'.. regular meeting '
thereof. held on the 17th day of March, 1992, by the following vote:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF'SANTA CLARITA )
AYES: COMMISSIONERS: Cherrington, Woodrow, Brathwaite, Modugno and Doughman
NOES: None
ABSENT: None {
*emputyM
Ha ris City Manager/
Community.Development
FLF:425
CITY OF SANTA CLARITA
I N T E R O F F I C E M E M O R A N D U M
T0: Chairman Cherrington and Members of the Planning Commission.
FROM: Lynn M. Harris, Director of Community DevelopmentL�
DATE: March 17, 1992
SUBJECT: New information for Development Agreement 91-008.
On March 12, 1992, the applicant met with staff to discuss the possibility
of revising the Development Agreement in an effort to comply with the
provisions of Resolution 92-24. The revisions are listed below:
1. The applicant is reducing the length of time of the agreement from
ten years to seven which is consistent with the guidelines regarding
development agreements adopted by the City.
2. The applicant will record the Vesting Tract Map within eight months
after the Development Agreement is recorded.
3. The applicant is proposing to contribute $4,800 per unit to the
Bridge and Throughfare districts. The condition that was placed on
the original map stated that the developer would pay prior to final
approval, the sum of $1,000 (or greater as determined by the City
Council) per-unit. The City Council has determined the current fee
to be $4,800. On a previous development agreement, applicants have
agreed to contribute one and one half times this fee or $7,200.
4. A condition of the map required the applicant to contribute $500,000
towards the construction of -a flood control improvement. This
$1,750,000 project would consist of the construction of the Live Oak
Springs Canyon flood control system under Sand Canyon Road to the
natural water course for Sand Canyon. The 'County Flood Control
District has tentatively set aside $1,250,000 towards the
construction of this. project with the applicant providing the
remainder. Resolution No. 92-24 requires that all fees associated
with development agreements be adjusted on an annual basis for
inflation as indicated by the Consumer Price Index. 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. The applicant has agreed to this.
�' genda Item: 3
RECOMMENDATION
Staff would recommend that the Commission:
1. Adopt the attached Negative Declaration with a finding that the
project will not have a significant effect upon the environment, and;
2. Reduce the duration of the agreement to five years, and;
3. Recommend approval of Development Agreement 91-008 (subject to the
revisions contained in this memorandum) to the City Council with the
Commission finding that the funds being provided for the drainage
improvement provides substantial public benefit,. and;
4. Adopt a Resolution of approval for the Development Agreement.
LMH:FLF:427
CITY OF SANTA CLARITA
STAFF REPORT
DEVELOPMENT AGREEMENT 91-008
(Master Case 91-173)
DATE: March 3, 1992
TO: Chairman Cherrington and Members of the Planning Commission
�L� t
FROM: Lynn M. Harris, Director of Community Development CV
CASE PLANNER: Fred Follstad, Associate Planner,
Glenn Adamick, Assistant Planner II
APPLICANT: Sand Canyon Estates LTD, Clem and Paula Cox, Edith Palmer and
Mary Dapas, Trustee
LOCATION: 16000 Live Oak Springs Canyon Road easterly of Sand Canyon Road.
REQUEST: The applicant is requesting to enter into a formal agreement to
allow for a 10 year build out for the approved Vesting Tentative
Tract Map 47324 Oak Tree Permit 89-046, Prezone 89-003, and
Conditional Use Permit 89-007.
BACKGROUND:
In April of 1990, the City Council approved Prezone 89-003 and upheld the
Planning Commission approval of Vesting Tentative Tract Map 47324, Oak Tree
Permit 89-046, and Conditional Use Permit 89-007. The approved project
consists. of 70 single family homes on 137 vacant acres. A copy of the
original staff reportand Conditions of Approval are included for your
information.
PROJECT
The applicants are requesting a Development Agreement with the City to gain
additional time, within which to complete the project and to. protect
themselves from changes in development- standards and building restrictions.
The applicants are requesting a 10 year time frame - to record the .approved
tract map.and to bond for all required off-site improvements.
STATUS:
State law requires all "projects" to receive an environmental review and
determination. An "Initial Study' was prepared and certified for the approved
tract map during the Public Hearings. Since there .is no physical change in
the project, only the extension of the time to record from two years to ten
years, an identical Negative Declaration was prepared for this proposal.
N
ANALYSIS:
On January 28, 1992, the City Council adopted Resolution 92-24 which set
policies, provisions and criteria for Development Agreements which is
attached. As submitted by the applicant, the proposed agreement fails to meet
these established standards indicated below:
1. The proposed agreement depicts a ten year duration which exceeds
the standard period by three years.
2. The proposed agreement does not provide for a clear and
substantial benefit above that of the Tentative Map approval.
In addition, the Planning Commission must substantiate the required findings
as set forth in the Zoning Code. The required findings state "That the
proposed development agreement is consistent with the general plan and
applicable, area or specific plan" and "That the proposed development
agreement complies with zoning, subdivision and other applicable ordinances
and regulations". The proposed project could be found to be inconsistent with
the General Plan and draft Hillside Ordinance.
On January 16, 1992, the applicant was provided a copy of the City Council
resolution pertaining to the requirements for a Development Agreement. At
that the time the applicant was advised that the submitted proposal failed to
meet some of the requirements.
The approved Tract Map was. approved for 70 units in a hillside area with 56
percent of the site containing slopes 25 percent and above. The County's
hillside formula for the site allowed for a -maximum 61.units which the project
exceeds by nine units.
The applicant has submitted a letter stating that the Conditions of Approval
for the original project exceed the normal requirements for a tract map and
therefore should be considered for a development agreement.
Staff feels that since the project provides no increased benefits and -could be
found to be inconsistent with the general plan, staff recommends that the
Commission deny the request.
RECOMMENDATION:
It is the opinion of staff that the applicant can not satisfy the findings
and requirements associated with the Development Agreement for this
project; and therefore, staff recommends that the Planning Commission:
1) Deny Development Agreement 91-008; and,
2) Adopt Resolution P92-10 denying the project.
ATTACHMENTS
1. Staff Report for Tract 47324
2. :Negative Declaration
3. Development Agreement 91-008
4. Letter from the applicant dated February 7, 1992.
FLF:408
SAND CANYON ESTATES LTD.
18988 SOLEOAD CANYON ROAD • SANTA CLARITA, CALIFORNIA • 91351 • [805) 251-9990 • FAX [805) 251-0293
February 7, 1992
Dear Ms. Harris,
Vesting Tract 47324 (Hunters Green at Sand Canyon)
consists of 70 homes on 137+ acres located North of Live
Oak Springs Road in Sand Canyon.
This project represented the first Annexation into the
City of Santa Clarita, having been officially annexed and
having consequently received the final unanimous approval
of the Tentative map by the current City Council on
4/24/90.
The project represents the lowest density (medium to
large scale) development ever approved to date in the City
of Santa Clarita (and for several years prior to
incorporation), for which we are proud.
Since the inception of this project back in January
1989, we had decided to not pursue the "density bidding
games" which had occurred so prevalently in the past;
instead our approach was to design a project which fit the
zoning, plan category and basic design standards. As a
result our project was accepted with open arms by the two
local Homeowners Groups ( Sand Canyon Association and
Crystal Springs). It was a development concept which was
not only compatible with surrounding neighborhoods but
actually served to enhance and upgrade the area.
Having- received the gracious approval of the Sand
Canyon and Crystal Springs Home Owners Associations, along
with positive feedback from staff, a decision was again
made to pursue full annexation into the City. Once again
an opportunity existed to pursue the "density bidding
game" with the City, through the leverage of an Annexation
Agreement. This was simply not necessary, as to that date
the conditions (requirements) being placed upon the
project were reasonable and just. It was agreed that this
project would;
1. Provide proportionate funding for,
a. widening of Soledad East of Sand Canyon
b. left turn signalization at Sand Canyon/Soledad
c. freeway ramp alteration
3
RECEIVED
City
of Santa
Clarita
23920
Valencia
Blvd., Suite 300
FEB
Santa
Clarita,
CA 91355
Attn:
Ms. Lynn
Harris —
LYNN M. HARRIS
Director
of Community Development
ointor of CommunkW DW.
February 7, 1992
Dear Ms. Harris,
Vesting Tract 47324 (Hunters Green at Sand Canyon)
consists of 70 homes on 137+ acres located North of Live
Oak Springs Road in Sand Canyon.
This project represented the first Annexation into the
City of Santa Clarita, having been officially annexed and
having consequently received the final unanimous approval
of the Tentative map by the current City Council on
4/24/90.
The project represents the lowest density (medium to
large scale) development ever approved to date in the City
of Santa Clarita (and for several years prior to
incorporation), for which we are proud.
Since the inception of this project back in January
1989, we had decided to not pursue the "density bidding
games" which had occurred so prevalently in the past;
instead our approach was to design a project which fit the
zoning, plan category and basic design standards. As a
result our project was accepted with open arms by the two
local Homeowners Groups ( Sand Canyon Association and
Crystal Springs). It was a development concept which was
not only compatible with surrounding neighborhoods but
actually served to enhance and upgrade the area.
Having- received the gracious approval of the Sand
Canyon and Crystal Springs Home Owners Associations, along
with positive feedback from staff, a decision was again
made to pursue full annexation into the City. Once again
an opportunity existed to pursue the "density bidding
game" with the City, through the leverage of an Annexation
Agreement. This was simply not necessary, as to that date
the conditions (requirements) being placed upon the
project were reasonable and just. It was agreed that this
project would;
1. Provide proportionate funding for,
a. widening of Soledad East of Sand Canyon
b. left turn signalization at Sand Canyon/Soledad
c. freeway ramp alteration
3
2. Install left turn lane on Sand Canyon road at Live
Oak Springs Canyon Road.
3. Provide local equestrian staging area.
4. Provide public and private equestrian trails.
The level of communication and cooperation which
existed to this point was exceptional, as such, the need
for an Annexation Agreement was simply not considered.
Unfortunately things changed very rapidly, as only
one week prior to our first public hearing before the
Commission (1/16/90) we were informed that the City would
require that this project provide full drainage
improvements to the Live Oak Springs wash, both onsite and
offsite. In essence the City was telling us to fund the
three million dollar drainage scheme as identified by Los
Angeles County.
Not only was the timing of this matter unfair but the
request itself was inappropriate due to;
1. The problem had been documented to exist at least
24 years earlier.
2. Hunters Green contributed runoff from only 13% of
the contributing wash drainage area.
3. Hunters Green was actually reducing flow into the
wash by elimination of debris production (see
attached letter to.staff dated 1/9/90).
We are confident, that if staff lad been given ample
time to evaluate their 'own request against actual impact
by Hunters Green, that.they would have drastically reduced
their requirement (if not eliminating it entirely).
Time did not allow either party to discuss the issue
in hopes of reaching consensus.
Because it was absolutely imperative to us to have a
positive supporting staff report presented to the
Commission, a hastily made frantic decision to donate
$500,000.00 toward rectification of this drainage issue
was made.
The feeling in this office was that we had been backed
into a corner at the last minute. The openness and "Lay it
all out on the table" atmosphere which had previously
existed, ended abruptly. We had chosen not to use
annexation as a tool to achieve higher density etc., but
when an opportunity existed where the then community
Planning Director had the upper hand, he used it as a
means to pressure us at the 11th hour to maintain staff's
support for the project.
4
It is without ,question that had time been available to
prepare the necessary Development Agreement documents, our
agreement to provide the $500,000.00 would have been part
of a Development and Annexation Agreement, and we are
certain that it would have been approved at that time.
Since that time was not available then, we are asking
for that consideration now.
The request for this Agreement is made to not only
insure the rights to the. project but to insure the
benefits provided to the City. This Agreement does not
ensure only self serving benefits as exhibited on
previously approved contracts.
We are asking this Commission to help preserve the
Development Rights to this City's finest approved
subdivision which;
1. was the City's first annexation
2. received the unanimous approval by the City
Planning Commission and current City Council
3. provides the lowest density medium to large scale
project in the City to date
4. provides significant funding to the resolution of
the Sand Canyon/Live Oak Springs Wash conflict
5. provides needed exclusive housing (as identified by
the late Commissioner Sharrer 1/16/90)
6. provides regional proportionate share roadway
improvements
7. will set a standard that the .City will point to
with pride and other developers will endeavor to
emulate.
We have recently contacted the two Home Owners
Associations in the area (Sand Canyon and Crystal Springs)
and told them of our request for a ten year Development
Agreement with the City. Both associations have hardly
endorsed our requ
that affect in the
In closing, we
explain our need a
Agreement /4 -n -A that
recommen ati alum
Yours vj�y,jkrAilyJ
-��
MENEM
�
est and will be submitting letters to
next few days,
hope that this background history will
nd our right to the proposed Development
it will receive staff's approval and
g with all other interested parties.
1 Partner
ca./Plannfing Commission
./ City council
I
SAND CANYON HOME OWNERS ASSOCIATION
February 2, 1992
City of Santa Clarita
23920 Valencia Blvd., Suite 300 R E C E IV D
Santa Claritav CA. 91351 FEB H4^V42
mrMuUNixosVEwn*sNT
Attn: Ms" Lynn Harris, Director u/vc,m" AA*rxx
Community Development
Dear Ms. Harris
Two years ago, I wrote a letter on behalf of the Sand Canyon Home
Owners Association (SCHOA) recommending that a project called
HUMTERS GREEN be approved. The project was approved by the
Planning Commission and there were no appeals" Stan Fargeon
represented the project to the SCHOA" `
I understand that' due to the possibility of a //growth cap" in
the City of Santa Clarita, financial institutions are now reluc-
tant to lend funds for development projects in our community. I
have been told by Mr" Fargeon that "lending institutions are
requiring Development Agreements that will assure that the
project may proceed uninterrupted from start to finish once funds
hive been committed to it".
I am writing this letter to urge you to not allow this project to
get caught in the tangle of our young city's politics. Likewise,
do not hold this project up on the mistaken notion that the SCHOA
is for "no growth"; that sentiment has never been seriously
raised during any of our home owners meetings" The SCHOA is not
interested in holding this project back"
Lastly, I want you to make sure that, in the event the City does
provide the Hunters Green Project with a Development Agreement,
the best interests of the City and the Sand Canyon Homeowners are
served.
Warm
Dr" Dennis K. OstroA~"President
Sand Canyon Home Owners Association
Crystal Springs Ranch Homeowners Association
Post OMC9 Box 2761
Santa Cladta, Califomia 91386
F: E I V E 0
February 11, 1992 FE3 1 41992
COMryUrTUOEAC W nl
CI%T
Ms. Lynn Harris
Director of Community Development
City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, California 91355
Dear Ms. Harris:
Please allow this letter to encourage your support of a 10 year
Development Agreement for the "Hunter's Green" subdivision on
Live Oaks Springs Canyon Road (Cox and Palmer Ranch). Your
influence and subsequent approval in this matter is critical, as we are
told it will enable the developer to proceed with and complete this
extremely desirable upscale project.
Hunter's Green is the lowest density, highest quality development
which has been approved in the City to date. As you may recall,
enthusiasm for the project was evident two years ago when it
received the unanimous approval of the City Council, City Planning
Commission, and virtually all neighboring private organizations,
including ours. While this enthusiasm certainly continues
undiminished, the economic climate has since changed, forcing
lending institutions to condition commitment of funds upon those
Development Agreements which assure that a project can
proceed uninterrupted from start to finish.
We hope you share our concern that withdrawing support for this
project would be problematic. Any other upscale project which
might replace this one would still be subject to the same economic
conditions and therefore, would likely require a Development
Agreement similar to the one proposed. A downgraded
development, if obtained however, might result in higher density, a
sacrifice in quality, or be compromised by a combination of both.
Ms. Lynn Harris
February 11, 1992
Page 2
In any event, the consequences of withdrawing support for this "bird
in the hand", would certainly result in the City's loss of the
developer's $500,000.00 contribution, the community's loss of
perhaps its most prestigious project, and our neighborhood's loss of
a conscionable developer who, by his actions to date, has earned
the title "good neighbor".
We believe that the City of Santa Ciarita will be improved by the
Hunter's Green development and as such, ask you to take into
consideration our support and commitment to this project as It
comes before you for your decision.
Sincerely,
Maft�n Bayless '
President/Board of Directors
Crystal Springs Ranch Homeowners Association
cc: Mayor Jill Klajic
Councilmember Carl Boyer
Councilmember Jo Anne. Darcy
Councilmember Jan Heidt
Councilmember Howard (Buck). McKeon
Chairman Jerry Cherrington
Commissioner Louis Brathwaite
Commissioner Dave Doughman
Commissioner Pat Modugno
Commissioner Jack Woodrow
VICINITY MAP
MCV.91-173
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CITY OF SANTA CLARITA
STAFF REPORT
TENTATIVE TRACT 47324
CONDITIONAL USE PERMIT 89-007
PREZONE 89-003
AND
OAK TREE PERMIT 89-046
DATE: January 16, 1990.
TO: Chairwoman Garasi and Members of the Planning Commission
FROM: Mark Scott, Director of Community Development
APPLICANT: Sand Canyon Estates.
LOCATION: 16000 Live Oak Springs Canyon Road.
REQUEST: The applicant is requesting to subdivide 137.23 acres
of land into 70 single family lots and 2 private
recreation lots. The applicant is also requesting to
remove 34 oak trees.
RECOMMENDATION: Approve the attached Negative Declaration with the
finding that the proposed project will not have a
significant effect on the environment.
Approve Tentative Tract Map 47324, Conditional Use
Permit 89-007 and Oak Tree Permit 89-046 based on the
required findings and subject to the attached
conditions of approval.
Recommend approval to the City Council of a prezoning
of A-1-1 and A-1-2.
Adopt the attached resolution.
BACKGROUND AND ANALYSIS:
The site consists of six lots on +/- 137.23 acres of land located at
16000 Live Oak Springs Canyon Road in the City of Santa Clarita. The
parcel is currently zoned A-1-1 and A-1-2 light agriculture with a one
and two acre minimum lot size. On the Santa Clarita valley Areawide
Plan -prepared by Los Angeles County, which the city has not adopted, the
site is shown as N-1 (Nonurban, one unit per every two acres) and.HM
(Hillside Management). The site is not located in either the
Alquist-Priolo special study zone for earthquake faults or in a
Significant.Ecological Area. No archaeological sites have been found in
the area.
At the present time the site is primarily vacant with one existing
residence. The topography of the site ranges from flat land on the
southwestern portion of the site to steep hillside on the northern and
eastern sections of the property. The surrounding land uses are
depicted below:
-------------------------------------------------------------------------
LAND USE
ZONING
GENERAL PLAN
-------------------------------------------------------------------------
PROJECT
vacant,
single
A-1-2
N-1,
HM
family
residence
A-1-1
-------------------------------------------------------------------------
SOUTH
single
family residences
A-1-1, A-1-2
N-1,
HM, N-2
-------------------------------------------------------------------------
NORTH
vacant
A-1-1, A-1-2
N-1,
N-2
-------------------------------------------------------------------------
EAST
vacant
A-1-1
HM,
N-1
-------------------------------------------------------------------------
WEST
single
family residences
A-1-2
N-1
vacant
The site is partially located within the Hillside Management category.
The staff required that the applicant submit a slope analysis. The
slope analysis breakdown as provided by the applicant's engineer is as
follows:
Less than 25Z slopes 60.3 acres 44 Z of the
site
25Z to 50Z slopes 60.8 acres 44 Z of the
site
Greater than 50Z slopes 16.1 acres 12 Z of the
site
After applying the Hillside formula, we arrived at a high threshold of
61.37 units and a low threshold of 18.95 units. The mid-range for the
entire 137.2 acres would be 40.16 units.
The applicant has filed for a prezone (89-003) and annexation to the
city (89-003). The applicant is seeking the existing Los Angeles County
zoning of A-1-1 and A-1-2. The annexation of the easterly 79.31 acres
was approved by LAFCO on December 18, 1989. The approval of this
prezone would officially recognize the existing zoning.
The applicant has submitted a Conditional Use Permit application to
allow flexibility of lot sizes (Density Controlled. Development).This
will allow the applicant the flexibility to create some lots of one -acre
size in the two -acre zone and vice versa. Using the existing zoning the
allowable units would be 84 and the proposed number is 70.
The applicant is proposing to subdivide the site into 70 single family
lots and two private recreation lots. No Quimby (park -land) fee is
being required, since the overall housing density of the project is less
than one unit per acre and thereby exempted by our code. The applicant
has stated that the approximate 4 acres of recreation area will provide
equestrian facilities which will access trails through his project. The
Conditional Use Permit is being conditioned to allow City review of
these private facilities.. The applicant is also proposing approximately
0.6 miles of public and 1.7 miles of private equestrian trails
traversing the site.
The applicant is removing one residence and several agricultural
buildings. To accomplish this the applicant will have to grade
approximately 500,000 cubic yards of earth which is to be balanced
onsite. A major portion of the earthwork is required to create a road
to tap the eastern property boundary.
The staff is recommending approval of the proposal for 70 new homes,
even though the hillside formula allows a maximum of 61 homes. The City
requested the applicant to eliminate homes in the southeasterly portion
of the map at one time, but has since required the applicant to tap the
boundary with Winners Circle Drive. Much of the proposed grading in .
that area will now be required to accommodate the roadway, and for this
reason the additional lots are justified.
The applicant has met with the two school districts and has entered into
written agreements with both.
The site contains 225 native Oak trees located throughout the property.
The applicant is proposing to remove 34 Oak trees which are depicted on
the attached Oak Tree Report. The tre` are to be replaced by the
replanting of trees of equal value according to the ISA values. The
proposal will also require the encroachment into the protected zones of
22 oak trees. The applicant is requesting to shift the paved roadway
within the roadway section to minimize the encroachment into the trees.
The City's Oak Tree Consultant has reviewed the applicant's material and
is satisfied -with the applicant's proposal.
As proposed by the applicant, the circulation on the site consists of
one main entry featuring a guardhouse creating a private gated
community. There would be.one additional access point along the
easterly border which is to be used in emergencies only. All access to
the.project would be from Live Oak Springs Canyon Road off Sand Canyon
Road. The internal circulation consists of one large semicircle along
the existing canyons with 3 cul-de-sacs emanating from this street.
In reviewing this project, staff took into account three other projects
that are proposed in the vicinity. The three projects are located to
the east of the subject property. Staff feels that the construction of
a road that will serve as a second access for the Sand Canyon area would
be an areawide benefit. This road would begin at the intersection of
Live Oak Springs Canyon Road and Trailridge Road, then travel northeast
through the site known as the "UCLA" property, then into the site owned
by -Jack Shine. The road in the Shine tract will go underneath the
railroad and over the Santa Clara River to the intersection of Oak
Springs Road and Soledad Canyon Road. To accomplish this, the applicant
of this project will have to make adjustments on the Final Map to
accommodate this road. The applicant is requesting not to provide this
link as it would require a public street instead of allowing a private
gated community. However, the staff feels that Sand Canyon Road is not
presently built to -highway standards. Therefore, new projects of this
size should not depend wholly on Sand Canyon for their access while
simply building single.accesses from Sand Canyon. If designed to
accommodate the flowasforeseen on the conceptual drawing, this project
will have two means of access. Please refer to the attached conceptual
drawing of the proposed general alignment of the road.
If the Planning Commission decides that this project should be a gated
community, then they should do so with full awareness that they would be
committing Bronco Lane as the only southerly access for the future
proposal on the "UCLA" property. Staff does not feel that a lot of
traffic will ever flow through either Vinner's Circle Drive or Bronco
Lane, but does feel that this new proposal should connect to the future
north -south route, as should Bronco Lane. Staff is also requesting that
the applicant install a left turn pocket on Sand Canyon Road .at the
intersection of Live Oak Springs Canyon Road and contribute a portion of
the cost to widen Soledad Canyon Road east of Sand Canyon Road.
Another concern that was raised was that the development is proposed in
the flood fringe areas. The Public Vorks Department has requested that
the applicant provide full drainage improvements both onsite and offsite
to their satisfaction. This will assist in the reduction of debris flow
and flooding that affects a portion of Sand Canyon Road north of Live
Oak Springs Canyon Road during heavy rainstorms. This will be a
significant benefit to the region.
Attached to this report is a letter dated March 3, 1989. It includes a
description and graphic representation of the Live Oak Springs Canyon
drain project. The City of Santa Clarita has identified this project as
the highest priority drainage improvement in the City, and will attempt
to convince LA County of its urgency. The County has Flood Control
money available but must prioritize projects on a countywide basis. The
City's Engineers will work with the County and the applicant to ensure
an aesthetically -pleasing storm drain, to the extent possible. The
staff feels that this improvement is an appropriate condition of Tract
47324 and that the applicant should contribute, if necessary, toward.its
completion. This is, however, an expensive project that could cost from
/3
$1.5 to $2.5 million. The applicant has 'submitted the attached letter
offering to contribute up to $500,000 toward the project, rather than
the:cost of the full project.
Staff feels that if the applicant integrates these concerns (drainage,
public streets and improvements on Soledad Canyon Road) into their
design, the project would provide benefits for the area. If all
conditions were met, staff would recommend project approval.
1�
RESOLUTION NO. 92-24
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA ESTABLISHING. POLICIES, PROVISIONS,
AND CRITERIA FOR THE EVALUATION OF DEVELOPMENT AGREEMENTS AND
TRANSMITTING DIRECTION TO THE PLANNING COMMISSION FOR
USE IN PUBLIC HEARINGS AND IN MAKING RECOMMENDATIONS
TO THE CITY COUNCIL ON DEVELOPMENT AGREEMENTS
WHEREAS, the City of Santa Clarita is authorized by Article 2.5.
Chapter 4, Title 7 of the Government Code to consider development
agreements submitted to the City; and,
WHEREAS, the City is authorized to establish provisions for, the
contents of development agreements; and,
WHEREAS, the City desires to establish policies, provisions, and
criteria related to the consideration of submitted development
agreements; and,
WHEREAS, goals- and policies of the General Plan support the use
of development agreements to provide for public facilities,
including, but not limited to, streets, sewerage, transportation,
schools and utilities, to the City; and,
WHEREAS, the City and public are assured that entering into a
development agreement provides for 'clear and substantial' public
benefit to the City and therefore -makes it in the public interest to
enter into an agreement; and,.
WHEREAS, the subject resolution shall be used in conjunction
with and not supersede the 'requirements for development agreements
as stated in State. Lan and the Municipal Code nor be inconsistent
with the goals and policies of the General Plan; and,
WHEREAS, pre -annexation agreements and City initiated
development agreements shall be exempt from the provisions of this
resolution; and,
NOV THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: -
SECTION 1. DURATION OF AN AGREEMENT The standard duration
of 'development agreements shall be for a minimum five (5) years up
to a maximum of seven (7) years, from the date the City Council
approves the agreement. If the duration of the agreement extends
beyond seven (7) years, the Council shall find that there are
overriding circumstances 'associated with the agreement that require
a deviation from the standard duration established above for
development agreements. For an agreement to extend beyond five
MESO NO. 92-24
Page 2
years, the City Council shall make a finding that the benefits
provided to the City by the. development agreement shall exceed the
base benefits established herein for five year development
agreements. The specific duration of each agreement shall be
assigned by the terms of the agreement adopted by the City Council,
in part based on the benefits the City will derive from each
particular development agreement.
SECTION 2.' FINANCING OF PUBLIC FACILITIES AND
REIMBURSEMENT OVER TIME Each agreement shall provide that all fees
and financing mechanisms associated with development agreements
shall be adjusted on an annual basis for inflation as indicated by
the selected Consumer Price Index. For all fees and financing
mechanisms included in the agreement, the applicant shall pay an
amount equal to the original fees and financing mechanisms plus an
amount derived by multiplying the base fees and financing mechanisms
by the increase,.. if any, in the. Consumer Price Index. For each
subsequent year the calculationsshall be performed on the base fees
and financing mechanisms as previously adjusted for inflation. The
Consumer Price Index shall be calculated on an annual.basis from the
date of approval up to and including the January of the year when
building permits are issued.
SECTION 3. DEVELOPMENT AGREEMENTS SHALL PROVIDE FOR CLEAR
AND SUBSTANTIAL BENEFIT TO THE CITY AND PEOPLE OF SANTA CLARITA The
Goals and policies of the General Plan support the use of
development agreements to, provide for the design, construction; and
financing of public facilities, utilities, and infrastructure in
general. The attainment of the standards illustrated by the goals
and policies of the General Plan is required of all projects
approved by the City, including development agreements. Because of
the potential benefits development agreements offer to project
proponents, such as extended build -out times and the vesting of
existing standards .at the time' of .approval, development agreements
will require that project• proponents provide benefits to the City
that clearly exceed the standards and/or requirements outlined by
the goals and policies of. the City's General Plan and the draft
Uniform Development Ordinance, in addition to clearly exceeding the
conditions of the previously approved project, thereby establishing
a clear and substantial public benefit to the City. The following
examples will illustrate requirements as indicated by the General
Plan and draft Uniform Development Ordinance and examples of
extraordinary benefits that could be required of project proponents
in a development agreements
1) Dedication and improvement of park -land area
a) land dedication and improvement of park -land. area clearly
in excess of maximum requirements
b) in -lieu fees clearly'in excess of maximum requirements
RESO NO. 92-24
Page 3
C) contribution and construction of off-site facilities
clearly in excess of maximum requirements
d) contributions and/or construction of child care facilities
that are clearly in excess of maximum requirements
e) in -lieu fees for art in public places that are clearly in
excess of maximum requirements
2) Roadway dedication and improvement
a) the payment of fees clearly in excess of required current
bridge and thoroughfare fees .
b) acquisition of. land area and improvement of targeted
roadways in the City
C) provision of circulation improvements and facilities
clearly in excess of maximum requirements
d) improvements to transit capacity and facilities clearly in
excess of maximum requirements
e) in -lieu fees related to the Congestion Management Program
clearly in excess of maximum requirements
3) Infrastructure improvements
a) the upgrade and expansion of_systems clearly in excess of
maximum requirements, including, but not limited to, sever,
water, waste treatment, water reclamation, and solid waste
facilities
b) acquisition of'land area for and the improvement of public
facilities that benefit, the entire planning area or large
segments of the planning area
4) School and fire fees
a) the acquisition of land area and improvement of facilities
clearly in excess of maximum requirements
b) the contribution of fees clearly in excess of maximum
requirements.
The above examples illustrate the establishment of clear and
substantial benefit to the City and people of, Santa Clarita.
Additional clear and substantial benefits identified and accepted by
the City Council could also be.. included within development
agreements.
RESO NO. 92-24
Page 4
SECTION 4. STA ILrEt:'i sjr 0 iE '_vi;. AS
ASSOCIATED- VITH DEVELOPMENT AGREEMENTS Prior y�toJapproving a
development agreement for an approved project, the City Council
shall make a formal statement of overriding considerations, as
required by the California Environmental Quality Act, if the
approving body finds the following:
The benefits of the proposed project clearly outweigh the
negative environmental impacts of the project which cannot be
mitigated to a level of insignificance, as identified in the
final environmental impact report. The Council shall
substantiate this decision in writing, citing the specific
benefits, including social and economic benefits, to support its
action based on the final environmental impact report and/or
other information in the record.
If a statement of overriding considerations is adopted by the
Council, in conjunction with approving a development agreement,' the
clear benefits to substantiate the development. agreement must be in
addition to the benefits to substantiate the Statement of Overriding
Considerations.
SECTION 5. DEDICATIONS OF LAND All land dedications
related to a development agreement shall be .transferred to the
appropriate agency within 180 days from final approval of the
agreement.
PASSED, APPROVED AND ADOPTED this 28th day of. ]nnrinr3. ,
1992.
i
Ji Rlajic, Mayor
PESO NO. 92-24
Page 5
COUNTY OF LOS -ANGELES) ss
CITY OF SANTA CLARITA)
I, Donna M. Grindey, DO HEREBY CERTIFY that the above and
foregoing Resolution was duly adopted by the City Council of the
City of Santa Clarita at a regular meeting thereof, held on
the 28th day of January 1992 by the following vote of
Council:
AYES: COUNCILMEMBERS: Boyer, Darcy, Heidt, McKeon, Kiajic
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
nna M. Grindey, City C1
GEA:jcg:396
c
q
EXHIBIT A
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 47324; CONDITIONAL USE PERMIT 89-007;
AND OAR TREE PERMIT 89-046
GENERAL CONDITIONS
1•. The approval of this Tentative Tract Map, Conditional Use Permit
and Oak Tree Permit shall expire two years from the date of
conditional approval.
2. The subdivider may file for an extension of the conditionally
approvedmapprior to the date of expiration for a period of time
not to exceed one year. If such an 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
developer, 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 grant. 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 provided for in the 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, 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 the following occur:
(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 entitlement.is
approved by the applicant.
5. Details shown on the Tentative Tract Map are not necessarily
approved. Any details which are inconsistent with requirements of
ordinances, general conditions of approval, or City policies must
be specifically approved.
6. Easements shall not be granted or recorded within areas proposed to
be granted, dedicated, or offered for dedication for public streets
or highways, access rights, building restriction rights, or other
easements, until after the final map is filed with the County
Recorder unless such easements are subordinated to the proposed
grant or dedication. If easements are granted after the date of
the tentative approval, a subordination must be executed by the
easement holder prior to the filing of the final map.
7. The final map shall be prepared by or under the direction of a
licensed land surveyor or registered civil engineer.
8. The Applicant is hereby advised that this project is subject to
fees at the time of building permit issuance, including, but not
limited to, the following as applicable: (1) Los Angeles County
Residential Sewer Connection Fee; (2) Interim School Facilities
Financing Fee; (3) Installation or Upgrade of Traffic Signals Fees
and/or Road Improvement Fees; and (4) Planned Local Drainage
Facilities Fee.
9. Upon development, a stop -work order shall be considered in effect
upon the discovery of any historic artifacts and/or remains, at
which time the City shall be notified.
10. In lieu of establishing the final specific locations of structures
on each lot at this time, the owner, at the time of issuance of a
building permit, agrees to develop the property in conformance with
the City Code and other appropriate ordinances such as the Building
Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance,
Mechanical Code, Zoning Ordinance, Undergrounding of Utilities
Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste
Ordinance, Electrical Code, and Fire Code. Improvements and other
requirements may be imposed pursuant to such codes and ordinances.
11. A final tract map must be processed through the City Engineer prior
to being filed with the County Recorder.
12. A grading permit shall be required for any and all off-site grading
to occur for the purposes of this project.
PUBLIC WORKS - ENGINEERING
Map Reouirements
13. All easements existing at the time of final map approval must be
accounted for on the approved tentative map. This includes the
location, owner, purpose, and recording reference for all existing
easements. If an easement is blanket or indeterminate in nature, a
statement to the effect must be shown on the tentative map in lieu
of its location. If all easements have not been accounted for,
submit a corrected tentative map to the Community Development
Department for approval.
14. All offers of dedication shall be noted by certificate on the face
of the final map.
15. The final map sha11 be prepared by or under the direction of a
licensed land surveyor or registered civil engineer and shall be
processed through the City Engineer.
16. Abandon or remove existing wells prior to approval of the final map.
17. Quitclaim or relocate easements running through proposed structures.
18. If the subdivider intends to file multiple final maps, he must so
inform the Advisory Agency at the time the tentative map is filed.
The boundaries of the unit final map shall be designed to the
satisfaction of the City Engineer and the Community Development
Department.
19. If signatures of record title interests appear on the final map, a
preliminary guarantee is needed. A final guarantee will be
required. If said signatures do not appear on the final map, a
title report/guarantee is needed showing all fee owners and
interest holders and this account must remain open until the final
parcel map is filed with the County Recorder.
20. Submit non-interference letters as required prior to approval of
the final map.
Road Improvements
21. The intersection of Trailridge Road and Live Oak Springs Canyon
Road is to be redesigned to the satisfaction of the Director of
Public Works.
22. Local street(s) shall be aligned such that the central angles of
the right-of-way radius returns do not differ by more than 10
degrees.Intersections shall be designed with a tangent section from
"beginning of curb return" (BCR) to BCR.
23. Temporary turnarounds shall be provided at the terminus of streets
within the right-of-way with a radius of 24 feet.
24. Future streets shall be dedicated beyond the turnarounds on all
streets to the tract boundary or extend the turnarounds beyond the
tract boundaries within the adjacent ownerships.
25. Where applicable, pay fees for signing and striping of streets as
determined by the City Traffic Engineer or shall prepare signing
and striping plans for all multi -lane highways within or abutting
the subdivision to the satisfaction of the Department.
26.
The subdivider shall be required to install distribution lines and
individual service lines for community antenna television service
(CATV) for all new development.
27.
Place above ground utilities including, but not limited to, fire
hydrants, junction boxes and street lights outside sidewalks.
28.
Mailboxes and postsshall be installed per City standards'. Secure
approval of U.S. Postal Service prior to installation.
29.
Landscaping or Equestrian easements shall not be granted or
recorded within areas proposed to be granted,.dedicated, or offered
for dedication for public streets or highways, access rights,
building restriction rights, or other easements until after the
final map is filed with the County Recorder unless such easements
are subordinated to the proposed grant or dedication. If easements
are granted after the date of tentative approval, a subordination
must be executed by the easement holder prior to the filing of the
final parcel map.
30. Provide -letters) of slope easement(s) and drainage acceptance as
directed by the City Engineer.or Director of Public Works.
31. Obtain approval of the Director of Community Development and the
City Attorney for proposed homeowners association maintenance
agreements prior to recordation of the final map or a phase thereof.
32. If off-site street improvements are required, it shall be the sole
responsibility of the developer to acquire the necessary
right-of-way and/or easements.
r
33. Street slopes, horizontal and vertical curves and centerline radii
should comply with design speeds and requirements per Engineering
Department's "Requirements for Street Plans" and sight distances
per the current AASHTO.
34. The minimum centerline radius is 350 feet on all local streets with
40 feet between curbs and on all streets where grades'exceed 1OZ.
35. Design local streets to have minimum centerline curve radii which
will provide centerline curves of 100 feet minimum length.
Reversing curves need not exceed a radius of 1,500 feet and any
• curve need not exceed a radius of 3,000 feet. The length of curve
outside of the BCR is used to satisfy the 100 foot minimum
requirement.
36. Provide standard property line return radii of 13 feet at all local
street intersections.
37. Construct drainage improvements and offer easements needed for
street drainage or slopes.
38. Offer "Private And Future" right-of-way with an irrevocable 60 -year
offer of dedication to the City:
30' from centerline.on Trailridge Road between Live Oak Springs and
Thoroughbred Way.
30' from centerline on Live Oak Springs.
29' fros),centerline on Trailridge Road from Thoroughbred. Way to the
end of fhe cul-de-sac.
30' from centerline on Thoroughbred Way except at Lots 21 to 24.
29' from centerline on Thoroughbred Way at cul-de-sac at Lots 21 to
24.
29'
from.centerline
on Steeple Chase Circle
and Breeders Cup Circle.
30'
from centerline
on -Winners Circle Drive
from Thoroughbred Way
to
end of cul-de-sac
(Tentative Map shows 29' from centerline).
39. Make an irrevocable 60 -year offer of dedication for future
right-of-way 30' from centerline on Winners Circle Drive from the
end of the cul-de-sac to the easterly property line.
40. Driveways will not.be permitted within 25 feet upstream of any
catch basins when street grades exceed 61.
41. Provide and install street name signs prior to occupancy of
building(s).
42. Dedicate slope easements to the satisfaction of the Department of
Public Works along Winners Circle Drive to property line on the
east.
43. Dedicate the right to restrict vehicular access on Live Oak Springs.
44. Construct inverted.shoulder pavement 14 feet (land width) and 4
feet (shoulder width) on all streets.
45. Permission granted'for'the following street grades:
a. Andalusian Way = 13Z
b. Winners Circle = 11.5Z (from Thoroughbred Way to tract boundary)
C. Thoroughbred Way - 14Z (west of Steeplechase to Winners Circle).
46. Permission granted to vacate existing slope and sewer easements.
Easements shall be provided for all utility companies that have
facilities remaining within the vacated area.
Water
47. There shall be filed 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 system
will meet the requirements for the land division, and that water
service will be provided to each lot.
48. All lots shall be served by 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 required are to be determined by the Fire Chief.
Sewers
49. The subdivider shall install and dedicate main line sewers and
facilities as required and serve each lot with a separate house
lateral or have approved and bonded sewer plans on file with the
Department of Public Works.
50. The subdivider shall submit an area study to determine whether
capacity is available in the sewerage system to beusedas the
outlet for the sewers in this land division. If the system is
found to have insufficient capacity, the problem must be resolved
to the satisfaction of the Director of Public Works.
51. The subdivider shall send a print of the 'land division map to the
County Sanitation District, with the request for annexation. Such
annexation must be assured in writing.
52. Easements shall be granted to the City, appropriate agency or
entity for the purpose of.ingress, egress, construction and
maintenance of all infrastructure constructed for this land
division to the satisfaction of'the City Engineer. This includes
the sever lift station, floodway and drainage facilities.
53. A deposit is required to review documents and plans for final map
clearance in accordance with Section 21.36.010(c) of the
SubdivisionOrdinance.
The discharge of sewage from this land division into the public
sewer system will not violate the -requirements of the California
Regional Water Quality Control Board pursuant to Division 7
(commencing with Section 13000) of .the Water Code.
Existing main_line'sewer available to serve site.
Grading, Drainage. and Geology
54. Contribute $500,000 towards construction and offer for dedication
necessary right of way for construction of drainage improvements
along Live Oaks Springs Canyon'Wash. The right of way shall be
limited to the portions of land located within the "A" portion of
the "FIRM" maps. As agreed by the applicant, the $500,000
contribution may be used by.the City for other Public Works
projects in the vicinity of this tract map. These improvements,
which are subject to the approval of the Director of Public Works,
may include:
a. West of Sand Canyon Road, construct reinforced concrete open
channel.
b. Along Sand Canyon Road to Boulder Canyon Road, construct
reinforced concrete box.
C. At Boulder Creek, construct a debris basin.
d. From„the debris basin to Live Oak Springs Canyon Road, construct
a reinforced concrete channel.
55. A grading plan must be submitted and approved prior to approval of
the final map. The grading plan is subject to approval of the
Director of.Community Development (for slope aesthetics) and the
Director of Publid'Works.
56. Grading plan must be based on a detailed engineering Geotechnical
report and must be specifically approved by the geologist and/or
soils engineer and show all recommend ations,submitted by them. It
must also agree.with the tentative map and conditions as approved
by the Advisory Agency. All buttresses over 25 feet high must be
accompanied by calculations. A detailed engineering Geotechnical
report must be approved.
57. All geologic hazards associated with this proposed development must
be.eliminated. or delineate a restricted use area approved by the
consultant geologist to the satisfaction of the Geology and Soils
Section and dedicate to the City the right to prohibit the erection
of buildings or other structures within the restricted use areas.
58. Portions of the property lying in and adjacent to natural drainage
courses are subject to flood hazard because of overflow,
inundation, and debris flows. Portions of the property are subject
to sheet overflow and ponding and high velocity scouring action.
Drainage plans and necessary support documents to comply with the
following requirements must be approved to the satisfaction of the
Director of Public Works prior to filing of the final map.
59. A Drainage Benefit Assessment District shall be established, unless
this is determined to be unnecessary by the City Engineer, and
ratified prior to recordation of the final map to insure the
continued maintenance of any backdrains and drainage improvements.
The first year's maintenance costs shall be paid by the subdivider
prior to approval of the final map.
60. Provide for the proper distribution of drainage. Show and label
all natural drainage courses as flood hazard areas on lots where a
note of flood hazard is allowed. No building permits will be
issued for lots/parcels subject to flood hazard until the buildings
are adequately protected.
61. Notify the _State Department of Fish and Game prior to commencement
of work within any natural drainage course.
62. Contact the Corps of Engineers to determine if a 404 permit is
required for any proposed work within the major watercourse.
63. Offer an easement to the City of Santa Clarita over the portion of
flood hazard area to be used for future flood control purposes.
Submit calculations to determine the width and location of the
easement as required by the City Engineer.
64. 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.
65. A hydrology study shall be submitted and approved prior -to the
filing of the final map. The hydrology shall verify, among other
things,,,that the proposed streets and existing downstream streets
are able to carry, edge of gutter to edge of gutter, the
anticipated flow through the subdivision.
66. The tentative map show that proposed slopes will cross lot/parcel
lines. For approval of grading plans, these slope or lot/parcel
lines shall be adjusted so that lot/parcel lines are located at or
near the top of the slopes, along drainage terraces, or at similar
locations acceptable for establishment of slope maintenance
responsibilities.
67. Include the geologist's recommendations in the CC & R's regarding
any restrictions or requirements for landscape planting and
watering.
68. The property must be annexed into the City prior to approval of the
final map.
69. Street construction and grading must comply with requirements of
the oak tree report.
70. Permission granted to jog pavement within the right-of-way to avoid
The agreement shall include the following provisions:
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 Yorks 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.
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interference with oak trees, to the satisfaction of.the City
Engineer.
71.
Construct a crossing over the flood hazard area to the satisfaction
of the Fire Department, the Department of Public Works and the
Department of Parks and Recreation (for possible requirements for
equestrian clearance beneath bridge).
72.
Easements shall be granted to the City of Santa Clarita for
equestrian trails to the satisfaction of the Parks and.Recreation
Department and said easements shall be shown on the final map.
73.
A system for the maintenance of the equestrian trails shall be
established to the satisfaction of the Parks and Recreation
Department prior to recordation of the final map.
74.
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 of $1000 (or a amount 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.
The agreement shall include the following provisions:
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 Yorks 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.
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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.
Factors for development units are as follows:
Development Unit Factor
Single Family per unit 1.0
Townhouse per unit 0.8
Apartment per unit 0.7
Commercial per unit 5.0
Industry per unit 3.0
The project is in the Route 126 Bridge and Thoroughfare District.
TRAFFIC DEPARTMENT
75. Construct at least two 12 -foot lanes of pavement for access road
from Live Oak Springs Road northerly to tract boundary.
76. Construct street improvements within project and adjacent to
project along Live Oak Springs Canyon Road, north side within
limits of project.
77. Develop a funding mechanism and contribute a proportionate share of
the cost for construction of traffic signals and associated roadway
improvements at Soledad Canyon Road and the southbound State Route
14 ramps. This is to be installed and operational within two years
after the first occupancy.
78. Develop a funding mechanism and contribute a proportionate share of
the cost for construction of Soledad Canyon Road to its ultimate
width from Sand Canyon Road to the easterly existing City boundary
in the vicinity of Oak Springs Canyon Road, including the
appropriate transition. This is to be installed and operational
two years after the first occupancy.
79. Provide sufficient pavement on Sand Canyon Road at Live oak Springs
Canyon Road to allow the installation of a left turn lane
(southbound to eastbound) with appropriate transition areas. This
is to be installed and operational prior to occupancy.
80. Contribute "fair share" of funding for the modification of the
traffic signal system to provide left turn phasing (east -west) at
Soledad Canyon Road and Sand Canyon Road. This is to be installed
and operational prior to occupancy.
DEPARTMENT OF PARKS AND RECREATION
81. Prior to recordation, all recreation facilities including the
staging area are subject to the approval of the Director of the
City of Santa Clarita Parks and Recreation Department.
82. A special landscape maintenance assessment district shall be formed
having the responsibility and authority of all slope maintenance,
including but not limited to, landscaping, irrigation and street
trees.
83. All public trails are to be constructed to the satisfaction of the
City of Santa Clarita Department of Parks and Recreation.
FIRE DEPARTMENT
84. 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.
85. 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.
86. Provide Fire Department and City -approved street signs, and
building address numbers, prior to occupancy.
87. All required fire hydrants shall be installed, tested and accepted
prior to construction. Vehicular access must be provided and
maintained serviceable throughout construction.
88. Streets shall be a minimum 15' wide clear on either side of entry
guard gate.
89. The required fire flow for public fire hydrants at this location is
1000 gallons per minute @ 20 psi for a duration of 2 hours, over
and above maximum daily domestic demand.
90. Fire Hydrant requirements are as follows: Install 15 Public Fire
Hydrants; and Upgrade 1 Public Fire Hydrant.
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91. All hydrants shall measure 6"x4"x2k" 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.
92. All required fire hydrants shall be installed, tested and accepted
prior to construction. Vehicular access must be provided and
maintained serviceable throughout construction.
93. All hydrants shall be installed in conformance with Title 20, L.A.
County overnment 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.
U.S. ARMY CORPS OF ENGINEERS
94. Any grading or fill activities within this watercourse (including
its associated vegetation) will require a permit from the Corps of
Engineers. If the project impacts less than 10 acres of streambed,
it may qualify for a Nationwide permit#26 rather than an
individual permit that is posted on public notice.
DEPARTMENT OF COMMUNITY DEVELOPMENT
95. All sections of Oak Tree Preservation Ordinance 89-10 apply to this
permit.
96. During all construction work on the site, a protective fencing is
to be installed around the protected zone of all oak trees on the
site. A four -foot high chain link fence is acceptable.
97. There is to be no storage of materials or parking of any vehicles
under any of the oaks on or off site.
98. The applicant is to follow all mitigation measures and conditions
set forth in the Oak Tree Permit prepared by Lee Newman and
Associates dated November 6, 1989, and the mitigation letters
prepared by Scott Pease dated December 8; 1989 and January 29, 1990.
99. All roadway section shifts are subject to the Department of Public
Works approval.
100.
The applicant is to remove 32 oak trees with a'total economic value
of $160,662
per ISA standards values. The applicant is required to
submit a to -the
plan replace -removed trees to the satisfaction of
the Department
of community Development.
101.
The applicant shall install organic material such as crushed walnut
hulls
to a depth of 3". This is to be shown on the required
landscape plan.
102.
Lots 20 thru 25 and 48 thru 52 have heavy compaction of the soil.
The applicant shall hand dig vertical sumps 6 inches on center, 24
inches in
depth throughout the protected zone of the trees on the
affected lots.
These should be filled with organic mulch and
waterbed.
103.
All work done within the protected zone of the oak trees is to be
done using small handheld tools.
104.
This grant shall not be effective for any purpose until the
permittee and the owner of the property involved (if other than the
permittee) have filed with the Director of Community Development
their affidavit stating that they are aware of, and agree to
accept, all of the.conditions of this grant.
105.
Pursuant to approval and agreement of the applicant, final map
approval shall not be granted until the applicant enters into an
agreemenr'for school mitigation with the William S. Hart Union High
School District, the Saugus Union School District and the Sulphur
Springs Union School District.
106.
It is further declared and made a condition of this permit that if
any condition hereof'is violated, or if any law, statute, or
ordinance is violated, the permit shall be suspended and the
privileges granted hereunder shall lapse; provided that the
applicant has been given written notice to cease such violation and
has filed
to do.so for a period of 30 days. ,
107. All requirements of the Zoning Ordinance and of the specific zoning
of subject property must be complied with unless -set forth in the
permit or shown on the approved plot plan.
108. The property shall be developed and maintained in substantial
conformance with the tentative map.
109. Three copies of a landscape plan shall be submitted to, and
approved by, the Director of Community Development and the Director
of Parks and Recreation prior to the issuance.of building permits.
The landscape plan shall show size, type, location of all plants,
trees, and water facilities.
110. The applicant shall submit three copies of a fencing and gating
plan to the Department of Community Development depicting the
materials, location, color and design of the fencing and gates.
111. The applicant is to plant mature landscaping materials around the
equestrian staging areas, sufficient to shield activity in this
area from existing homes across Live Oak Springs Road. This is to
be included in the required landscape plan.
112. The,applicant shall provide a second means of emergency access as
required by the City Code, to the satisfaction of the Director of
Community Development. Proof of acquisition of the right to pave
the.access shall be provided prior to recordation, as well as a
financial guarantee for the improvement.
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Recording Requested by
and When Recorded Return to:
CITY CLERK
CITY OF SANTA CLARITA
23820 Valencia Boulevard
Suite 300
Santa Clarita, California 91355
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA CLARITA
AND SAND CANYON ESTATES LTD.,
A CALIFORNIA LIMITED PARTNERSHIP,
CLEM AND PAULA COX, EDITH PALMER,
AND MARY DAPAS, TRUSTEE .
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO
PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE 65868.5
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This Development Agreement (the "Agreement") is made
this day of
,1992, by and between the
City of Santa Clarita, a municipal corporation, organized and
existing under the general laws of the State of California
(the "City"), and Sand Canyon Estates Ltd., a California
Limited Partnership, Clem and Paula Cox, Edith Palmer and
Mary Dapas, Trustee (collectively, the "Developer").
A. The City is authorized pursuant to Government
Code Sections 65864 through 65869.5 (the "Government Code")
to enter into binding agreements with persons or entities
having legal or equitable interest in real property for the
development of such property in order to establish certainty
in the development process. The City further enters into This
Agreement pursuant to Part 4 of Chapter 22.16 of the Santa
Clarita Municipal Code (the "Santa Clarita Code").
B. The Developer consists of a bonafide recorded
California Ltd. Partnership in good standing and collectively
the above mentioned are the owners of certain real property
located in the County of Los Angeles, California, as shown in
Exhibit A to this Agreement, which real property is the
subject matter.of this Agreement (the "Project Site"). The
legal description for.the Project Site is set forth in
Exhibit B to this Agreement. The Project Site consists of
approximately_137.23.acres'and is generally located
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in an incorporated area of the County and within the southwest
portion of the City.
C. The Parties desire to enter into this
Agreement relating to the Project Site in conformance with
the Government Code and the Santa Clarita Code in order to
achieve the development of land uses expressly permitted
under the terms of this Agreement and the provision of
public services, public uses, and urban infrastructure, all
in the promotion of the health, safety, and general welfare
of the City of Santa Clarita and the residents of the Santa
'Clarita Valley.
D. The Developer has applied for the following
entitlements (collectively referred to as the "Project
Approvals"):
. (1) Vesting Tentative Tract Map No. 47324
(the "Tract Map").
(2) Oak Tree Permit No. 89-046.
(3) Conditional Use Permit 89-007.
(4) Pre Zone No. 89-003.
The development as proposed by the Developer for the Project
Site will consist of 70 single family homes and related
amenities (the "Project").
E. On April 24, 1990, following -several public
hearings, the Planning Commission of the -City adopted its
Resolution No. P90-05 approving the Tract Map and Oak Tree
Permit and recommending that the City Councilprezone the
t
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` Project Site to the A-1-2 and A-1-1 Zone, and certify the
negative declaration in connection with such actions. On
1992, the Planning Commission of the
City held a public hearing on the Developer's -application
for this Agreement.
F. On December 12, 1989, the City Council of the
City adopted its Resolution No. 89-152, initiating annexation
proceedings for the Project Site (the "Annexation")., On
April 24, 1990, following.several public hearings, the City
Council of the City adopted Ordinance No. 89-003 approving
the prezoning of the Project Site to the A-1-1 and A-1-2 Zones.
On , 1992, the.City Council of the City
held a public hearing on the Developer's application for this
Agreement and, on 1997, the City Council
of the City adopted Ordinance No. approving the
Agreement with the Developer.
G. The City desires to obtain the binding
agreement of the Developer for the development of the
Project Site in accordance with the provisions of this
Agreement and the approved Project.
H. The Developer desires to obtain the binding
agreement of the City that the City will permit the
Developer to develop the Project Site in accordance with the
"Applicable Rules" (as -hereinafter defined), including any
modifications permitted by this Agreement. The.Developer
further desires that it not be required to construct public
improvements or make dedications or financial contributions
to the City in lieu of public improvements, except as
expressly set forfh in this Agreement and the conditions of
the Project Approvals.
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I. Developer has applied to the City pursuant to
the Santa Clarita Code for approval of this Agreement
providing for the binding agreements desired by the Parties
to this Agreement. The City Council of the City has given
notice of intention to consider this Agreement, has
conducted public hearings thereon pursuant to the Government
Code and the Santa Clarita Code, and has found that the
provisions of this Agreement are consistent with the City's
adopted plans and policies and the "Zoning Ordinance" (as
hereinafter defined). The City has recently adopted a General
Plan required by California Government Code Section 65300,
et seq. The previous approval of the aforementioned
entitlements occured prior to adoption of the General Plan
and as such the City Council and the Planning Comnision found
pursuant to the provisions of the California Government Code,
as follows:
(a) There is a reasonable probability that the
Project will be consistent with the City's proposed
general plan which was under study at that time and
(b) There was little or no probability of substantial
detriment to, or interference with, a future adopted
general plan if the Project is ultimately inconsistent
with the proposed general plan.
J. The terms and conditions of this Agreement have
been found by the City to be fair, just, and reasonable, and
prompted by the necessities of the situation so as to provide
extraordinary benefits to the City. Since the adoption of the
general plan has been determined that items (a) and (b)'as
defined above, hold true.
K. This Agreement is consistent with the present
public health, safety, and welfare needs of the residents of
the City of Santa Clarita and the surrounding region. The
City has specifically considered and approved the impact
and benefits of this project upon the regional welfare.
L. This Agreement will bind future City Councils
to the terms and obligations specified in this Agreement and
limit, to the degree specified in this Agreement and under
State law, the future exercise of the City's ability to
preclude development of the.Project on the Project Site.
M. A negative declaration has been prepared and
certified in conjunction with the consideration of this
Agreement in accordance with the applicable statutes,
ordinances, and regulations of the State of California and
of the City of Santa Clarita.
N. This Agreement will eliminate uncertainty in
planning and provide for the orderly development of.the
Project Site, eliminate uncertainty about the validity of
exactions imposed by the City,.allow installation of
necessary improvements, provide for public services
appropriate to the development of the Project Site, and
generally serve the public interest within the City -of Santa
Clarita and in the surrounding region.
N6w, THEREFORE, with reference to the above
Recitals, and in consideration of the mutual covenants and
agreements contained in this.Agreement, the City and the
Developer agree as follows:
f
6 _
1. Definitions. In this Agreement, unless the
context otherwise requires:
(a) "Applicable Rules" means the rules,
regulations, and official policies of the City in
force as of the "Effective Date" (as hereinafter
defined),. governing development, density, permitted
uses, growth management, environmental
consideration, and design criteria applicable to
the Project; provided, however, that the term
"Applicable Rules" shall include any'improvement
and construction standards and specifications,
including, without limitation, building codes or
grading requirements in effect at the time the
Developer seeks building permits or grading permits
for any part, or all, of the Project Site.
(b) "Discretionary Actions; Descretionary
Approval" is an action which requires the exercise
of judgment, deliberation, or a decision, and which
contemplates and authorizes the imposition of
revisions or conditions, by the City, including any
board, commission, or department of the City and
any officer or employee of the City, in the process..
of approving or disapproving a particular activity$.
as distinguished from an activity which merely
requires the City, including any board, commission,
or department of the City and any officer or
employee of the City, to determine whether there
Fhas been compliance with applicable statutes,
ordinances, regulations, or conditions of -approval.
(c) "Effective Date" is the date this
Agreement is executed by all Parties. In the event
this Agreement is executed by the Parties on
different dates, the date the last Party to execute
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this Agreement shall constitute the
Effective Date.
(d) "Final Map" is the Final Subdivision
Dlap that is recorded following the satisfaction of
the conditions imposed upon the -approval of the
Project.
(e) "Public Improvements" means those
public improvements. that the Developer agrees to
construct and dedicate to the City, or that the
City or such•other'public entity as the City shall -
lawfully designate,'may acquire, construct, equip,
install, operate, or maintain, including, by way of
example, but not limitation, (i) those improvements,
the provision of which are conditions to -the Project
Approvals, and (ii) the acquisition, dedication,
and construction of easements and facilities described
in Section 6 of this Agreement.
(f) "Subsequent Applicable Rules" means
the rules,- regulations, and official policies of
the City, as they may be adopted and effective
after the Effective Date of this Agreement,
governing development, density, permitted uses, ..
growth management, environmental consideration,"
and design criteria applicable ;to the.Project Site.
the parties intend the development of the Project
Site to be subject to Subsequent Applicable Rules
61y to the extent specified in paragraph (a) of
section 7 of this Agreement. In addition, any
Subsequent Applicable Rule can be applied to the
Project $ite if the City determines that the..-
failure
he..failure to apply a Subsequent Applicable Rule will
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place residents of the City in a condition
substantially dangerous to their health or safety,
which condition cannot otherwise be mitigated in
a reasonable manner, as determined by the Council
in its sole discretion.
(g) "Zoning Ordinance" is the Zoning
Ordinance for the City of Santa Clarita (Title 22
of the Santa Clarita Municipal Code).
2. Interest of Developer. The Developer
represents to the City that, .as of the Effective Date, it
owns the Project Site in fee, subject to encumbrances,
easements, covenants, conditions, restrictions, and other
matters of record.
3. Binding Effect. This Agreement, and all of
the terms and conditions of this -Agreement, shall run with the
land comprising the Project Site and shall be binding upon
and inure to the benefit of the parties and their respective
assigns, heirs, or other successors in interest.
4. Negation of Agency. The Parties acknowledge
that, in entering into and performing this Agreement, each
is acting as an independent entity and not as an agent of
the other in any respect. Nothing contained herein or in
any document executed in connection herewith shall be
construed as making the City and Developer joint venturers
or partners.
5.Development of the Property. The following
specific restrictions shall govern the use and development
of the Project Site:
(a) '"Permitted Uses" The Project Site may
only be used for the development of no more than 70
detached, single family residences and related amenities.
(b) "Development Standards" All design and
development standards applicable to the development
of the Project Site shall be in accordance with the
Applicable Rules, including, by way of example, but not
limitation, the Zoning Ordinance and the conditions of
the Project Approvals. In the event a conflict arises
in the application of any of the Applicable Rules, the
most restrictive standard shall control, unless the
Council, in the exercize of its sole discretion,
determines otherwise.
6. Agreement and Assurance on the Part of the
Developer. The Parties acknowledge and agree that the
development of the Project Site will result in substantial
public needs and further acknowledge and agree that this
Agreement confers -unique benefits on the Developer.which can.
only be balanced by the provision of extraordinary public
benefits. The Parties intend by this Agreement to provide
consideration to the public to balance the private benefits
conferred on Developer by providing for the satisfaction of
certain direct and indirect public needs resulting from'or
relating to the development of the Project Site, and to
provide public assurance that this Agreement is fair, just,
and reasonable, and prompted by the necessities -of the
situation so as to provide extraordinary benefits to the
City. Developer acknowledges that this consideration is
reasonably related to the type and extent of the impactsof
the development of the Project Site upon the community, and
further acknowledges that this consideration is necessary to
address the direct and indirect impacts caused by the
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development of the Project Site. In consideration of the
foregoing, and in consideration of the City's assurance
for the Developer's rights to complete the development of
the Project Site pursuant to the terms and conditions of
this Agreement, Developer hereby agrees as follows:
(a) Development of the Project Site.
Developer will use reasonable efforts, in accordance
with its business judgment in taking into
consideration market conditions and other economic
factors influencing the Developer's business
decision to commerce or to continue development; to
develop the Project Site in accordance with the
terms and conditionsof this Agreement with the
conditions established in the approval of the
Project Approvals and with the Applicable Rules.
(b) The City acknowledges that the Developer
can not at this time predict when, or the rate at
which, the Project will be developed. Such decisions
depend upon numerous factors which are not within
the control of the Developer, such as market
orientation and demand, interest rates, absorption,
completion, and other similar factors. Because the
California Supreme Court held in Pardee Construction
Comohnv v_ City of Camarillo (1984) 37 Cal. 3rd. 485
that the failure of the parties'therein to provide
for the timing of development resulted in a later
adopted initiative restricting the timing of
development to prevail over such Parties' agreement.
s
It is the Parties intent to avoid the efforts of
this decision. The City acknowledges and agrees the
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Developer shall have the right to develop the Project in
such order and at such rate, and at such,time as the
Developer deems appropriate within the exercise of its
timing
subjective business judgment, subject only to any
or phasing requirements set forth in the 'Applicable
Rules and Project Approvals.
In addition to, and not in limitation of, the
foregoing, it is the intent of the Developer and the
City that no moratorium (whether relating to the rate,
timing, or sequencing of the development or construction
of all or any part of the Project, whether imposed by
ordinance, resolution, or otherwise, and whether enacted
by the City Council or any agency of the City) affecting
parcel or subdivision maps (whether tentative, vesting
tentative, or -final), building permits, certificates of
occupancy, or other entitlements to use or service
(including, without limitation, water and sewer)
approved, issued, or granted within the City, or
portions of the City, shall apply to the Project to the
extent such moratorium is in conflict with this
Agreement.
(c) School Fees. Developer warranties that
Agreements for payments of school fees with Wm. S. Hart
Union High School District and Sulpher Springs Union
School Dr§trict have been executed (1/8/90 and 12/13/83)
respectively.
(d) Easements. Prior to recordation of a Final
Map on the Project Site, Developer shall acquire and
grant to the City public utility easements set forth in
the Tract Map, the terms.and conditionstherein, and
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the conditions of the Project Approval, and the public
street easements and public utility easements which would
be reasonably necessary to facilitate the construction of
the infrastructure items set forth in Paragraph (e) of
this Section 6.
(e) Infrastructure. A contribution of $500,000. to
be made by the Developer for public improvements in the
vicinity of Tract Map 47324. This benefit will be
provided by the Developer to -be used at the discretion of
the City for what ever benefit it sees fit, and will be
funded prior to the first occupancy in the subdivision
(Hunters Green). This amount shall be adjusted annually
for inflation as indicated by the Consumer Price Index
(C.P.I.) commencing from April 1990,. This amount shall
be multiplied by the increase in the C.P.I. for each
subsequent year after 1990 until the fee is paid.
Prior to recordation of any Final Map(s) on the
Project Site, Developer shall.construct, install,
complete or provide sufficient construction bonding for
the installation, construction, and completion of the
public improvements or proportional share thereof, as set
forth in the Project Approvals and the conditions of
approval thereto, including but not limited to:.
Traffic s.ignalization and associated roadway
improvements at Soledad Canyon Road and Southbound
Route 14 access ramps.
Widening of Soledad Canyon Road from Sand Canyon
Road to the previous Easterly city limits.
Widening of Sand Canyon Road to include a left turn
lane at the junction with Live Oak Springs Road.
Left turn signalization modes on Soledad Canyon Road
at the Sand Canyon intersection.
(f) Sewer Fees. Prior to recordation of a Final
Map on the Project Site, the Developer shall contribute
to the capital improvement fund of the County Sanitation
District (the "Sanitary District"), for use in future
expansion of the Sanitary District's Sewer Treatment
Facility, a sum equal to the difference between the sewer
connectign fees applicable on•the Effective Date of this
Agreement and any increased sewer connection fees
applicable at the time that a building permit is issued
for the development of a lot of lots on the Project Site.
(g) Within eight (8) months of the recordation date
of this Agreement, the Developer shall have recorded the
Vesting Tract Map.
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(h) The Developer shall contribute a total amount
of $4,800.00 per residential unit to the Bridge and
I
Thoroughfare District. Such amount shall be adjusted
annually on the basis of the "Consumer Price Index"
(C.P.I.),Icommencing from the date of recordation of this
agreement.
7;, Agreement and Assurances on the part of the
City. In order to effectuate the provisions of this Agreement,
and as an inducement for the Developer to obligate itself to
carry out the covenants and conditions set forth in the
preceding Section 6 of this Agreement, and in consideration
for the Developer doing so, the City hereby agrees and assures
Developer that Developer will be permitted to -carry out and
complete the development of the Project Site, subject to
the terms and conditions of this Agreement, the conditions
of the Project Approvals, and the Applicable Rules. In
furtherance of such agreement and assurances, and pursuant
to the authority and provisions set -forth in the Government
Code and the Santa Clarita Code, the City, in entering into
this Agreement, hereby agrees and acknowledges that:
(a) Entitlement to Develop. The -Developer has
acquired and been granted the vested right to develop
the Project Site to.the extent and in the manner
provided in this Agreement, subject to the conditions
of the Project Approval and in accordance with the
Applicable Rules and Subsequent Applicable Rules,
and City hereby finds the Project consistent with the
City's adopted plans and policies and the Zoning
Ordinance. Any change in the Applicable Rules, including,,
without.limitation, any change in any applicable general
of specific. plan, Zoning Ordinance, growth management,
or any subdivision regulation of the City, adopted or
becoming effective after the Effective Date, shall not
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be applied by the City to the Project Site unless the
City finds that failure to make such changes would
place residents of the City in a condition dangerous
to their health or safety.: Any Subsequent Applicable
Rule can be applied to the Project Site only if the
City determines that.the failure of the City to apply
Subsequent Applicable Rules will place residents of the
City in a condition substantially dangerous to their
health or safety, which condition cannot otherwise be
mitigated in a reasonable manner, as determined by the
Council in its sole discretion.
(b) Consistency with Applicable Rules. City
finds, based upon all information made available to City
prior to or concurrently with the execution of this.
Agreement, that there are no Applicable Rules that would
prohibit or prevent the full completion and occupancy of
the development of the Project Site in accordance with
uses and densities incorporated and agreed to in. this
Agreement.
(c) Subsequent Discretionary Actions. with _..
respect to any discretionary action or discretionary.;, -
approval that is required subsequent to the execution .of-•.
this Agreement, the City agrees that it will note
unreasonably withhold from Developer or unreasonably...
condition or delay any such discretionary action or
discretionary approval which must be issued. by the City•
in order for the development of the Project Site.to
proceed to construction and occupancy. In addition, no,.. --Z.,
condition shall preclude or otherwise limit the
i
Developer's.ability to develop the Project Site in .
accordance with the density and intensity of use set-;
forth in this Agreement,funless the City determines•
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that the failure of the City to impose such condition
would place residents of the City in a condition
substantially dangerous to their health or safety, which
condition cannot otherwise be mitigated in a reasonable
manner, as determined by the Council in its sole
discretion.
(d) Term of Tentative Map. Pursuant to California
Government Code Section 66452.6(a), the term of the
Vesting Tentative Tract Map shall be extended for any
reasonable period of time, up to and including the
scheduled Termination pate of this Agreement as set
forth in -Section 10 below, upon application by
Developer.
(e) Cooperation and'Implementation. The City
agrees that it will cooperate with Developer to the
fullest extent reasonable and feasible to implement this
Agreement. Upon satisfactory completion -by Developer of
all required preliminary actions and payments of'..
appropriate fees, the City will commence and in a -timely
manner proceed to complete all steps necessary for the
implementation of this Agreement and the development of
the Project Site in accordance with the terms of -this
Agreement, including, but not limited to, the processing
and checking of any and all Project approvals, agreements,
covenants, applications, and related matters required
under the conditions of this Agreement, building plans
and specifications and any other plans necessary for the
development of the Property filed by Developer and the
issuance of all necessary building permits, occupancy,
certificates, or other required permits for the
construction, use, and occupancy'of the Project Site.
Developer will, in a -timely manner, provide the City
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with all documents, plans, and other information
necessary for the City to carry out his obligations
under this Agreement.
8. Review of Compliance
(a) Periodic Review. The City shall
review this Agreement annually, on or before the
anniversary of the Effective Date, in accordance
with the procedures and standards set forth in
this Agreement and in the Santa Clarita Code in
order to ascertain compliance by the Developer
with the tdrms of this Agreement.
(b) Special Review. The City Council of
the City may order a special review of compliance
with this Agreement at any time. The Community
Development Director or the City Council, as
determined from time to time by the City Council,
shall conduct such special reviews.
(c) Procedure. During either a periodic
review or a special review, the Developer shall be
required to demonstrate good faith compliance with
the terms of this Agreement. The burden of proof
on this issue shall be on the Developer. The
parties acknowledge that failure by the Developer
to demonstrate good faith compliance shall
constitute grounds for termination or modification
of this Agreement in accordance with the provisions
of this Agreement. Upon completion of a periodic
review or a special review, the Community
Development Director shall submit a report to the
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! City -Council setting forth the evidence concerning
good faith compliance by the Developer with the
terms of this Agreement and the recommended finding
on that issue. All compliance review shall be
conducted pursuant to the provisions of Sections
•22.16.460, 22.16.470, and -22. 16.480 of the Santa
Clarita Code.
If, on the basis of her review of this
Agreement, the Community Development Director
concludes that the Developer has not complied in
good faith with the terms of this Agreement, then
the Community Development may issue a written
"Notice of Non-compliance" specifying the
grounds therefor and all facts demonstrating such
Non-compliance. The Developer's failure to cure
the alleged Non-compliance for a period of thirty
(30) days after receipt of said notice, shall.
constitute a default under this Agreement, subject -
to extensions of time by mutual:consent in writing.
If the nature of the alleged non-compliance is such
that it cannot reasonably be cured within such
thirty (30) day period, the commencement of the
cure within such time period and a diligent
prosecution to completion of the cure shall be
deemed a cure within such period. Subject to the
foregoing, after notice and expiration of the
thirty (30) day period without cure, the City
may pursue any remedy available under this
Agreement.
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(d) Proceedings Upon Modification or
Termination. If the City determines to proceed
with modification or termination of this Agreement
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after completing the reviews specified in
Sections 22.16.460, 22.16.470, and 22.16.480 of
the Santa Clarita Code, the City shall give
written notice to•'the Developer of its intention
to modify or terminate this Agreement Notice
shall be given at least sixty (60) calendar days
before the scheduled hearing and shall contain
such information as may be reasonably necessary
to inform the -Developer of the nature of the
proceeding.' At the time and place set for the
hearing on modification or termination, the
Developer shall be given an opportunity to be
heard. The Developer shall be required to.
demonstrate good faith compliance with the terms
and conditions of this Agreement. The burden of
proof on the issue shall be on the Developer. if
the City Council finds, based• -upon substantial
evidence, that'the Developer-..has--not•:compl.ied.in
good faith'with the terms:or.conditions of -this
Agreement, the City Council may terminate this
Agreement or modify this Agreement and impose
such agreements as are reasonably necessary to
protect the interests of the City. The decision of
the City Council shall be final and subject to
judicial review pursuant to Code of Civil
Procedure Section 1094.5.
9. Modification, Amendment, or Cancellation.
Subject to meeting the notice and hearing requirements of
Section 65867 of the Government Code and the applicable
provisions of the Santa Clarita Code, this Agreement may be
modified or amended from time to time by mutual consent of
the parties with its successors in interest in accordance '
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with the provisions of Section 65868 of the Government Code
and the Santa Clarita Code.
10. Tern of Agreement. This Agreement shall
become operative upon agreement by all parties or as
otherwise mutually agreed to by the parties hereto. This
Agreement shall comnence upon the Effective Date and shall
remain in effect for a term of .seven.47) years,' unless said
term is terminated, modified, or extended by circumstances
set forth in this Agreement, or by mutual consent of the
parties hereto. Following the expiration of said term, this
Agreement shall be deemed terminated and of no further force
and effect; provided, such termination shall not automatically
affect any right arising from City approvals on the Project
Site prior to, concurrently with, or subsequent to the Effective
Date of this Agreement; and provided further, that such,
termination shall not automatically affect any right the City
may have by reason of the Developer's covenants to dedicate
land or provide public improvements in conjunction with any
portion of the Project Site which -is under construction at
the tine of the termination.
11. Remedies For Default. It is acknowledged
by the Parties that the City would not have entered into
this Agreement if it were to have unlimited liability and
damages under this Agreement, or with respect to this
Agreement, or the application thereof. The Parties agree
and recognize that, as a practical matter, -it will not be
possible physically, financially, and as a matter .of land
use planning, to restore the Project Site to its prior site
once the construction is commenced. Moreover, Developer
i has invested a considerable amount of time and financial
-resources in planning to arrive at the tine, location, and
�. intensity of use, improvements, and structure.for ;the
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development of the Project Site. For these reasons, the `
Parties agree that it will not be possible to determine an
amount of monetary damages which would adequately compensate
the Developer for this work. Therefore, the Parties agree
that monetary damages will•not be an adequate remedy for
Developer if the City fails to carry out its obligations
under this Agreement. The Parties further agree that the
Developer's remedies under this Agreement shall be limited
to the right to specifically enforce the terms of this
Agreement.
The City's remedies under this Agreement shall also
be limited to the right to specifically enforce the terms of
this Agreement. In addition to specific performance,_ if the
Developer fails,to make any payment or complete any other
act or performance specified in this Agreement, the
Developer shall have no further right.or entitlement to any '
building permit or certificate of occupancy for any portion
of the Project Site until the default has been cured as
provided in this Agreement. The Parties recognize that this
section may result in the limitation of cessation of the
rights otherwise conferred by this Agreement upon the:: -
.Developer, including any of the Developer's successors,
assigns; -transferees, or other persons or entities acquiring
"title to'or are interested in the Project, or any portion
thereof.
12. Assignment. The.rights of the Developer
under this Agreement may be transferred or assigned in whole
or in part by the Developer only upon prior written approval
of the City which shall not be unreasonably withheld or .
delayed. Express assumption of any of the Developer's
obligations under this Agreement by any such assignee shall-
relieve
hall.relieve the Developer from such obligation..
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13. Notices. All notices under this Agreement
shall be in writing and shall be effective when personally
delivered or upon receipt after deposit in the United States
mail as registered or certified mail, postage prepaid, return
receipt requested,.to_the following.representatives of the .
parties at the addresses indicated below:
If to City: City of Santa Clarita
23920 Valencia Boulevard
Suite 300
Santa Clarita, CA 91355
Attention: City Manager
With a copy to:
Carl X. Newton, City Attorney
c/o Burke, Williams & Sorensen
624 South Grand Avenue
11th- Floor ...
Los Angeles, CA -90017
If -to Developer: Sand Canyon Estates.Ltd.
18988 Soledad Canyon Road
Santa Clarita, CA 91351
14: Severability and Termination. - If any
provision.of this Agreement should be.determined by a court
to>.be invalid or unenforceable, or if any -provision of this'
Agreement is superseded or rendered unenforceable according
to any law which becomes effective after the Effective Date,
,the remainder of this Agreement shall be affected to the
extent the remaining provisions are not.rendered impractical
ito perform, -.taking into consideration the purposes of this
lAgreement.
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. 15., Time of Essence. .Time is of the essence
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for each provision of this Agreement of which time is an
element.
16. Amendment or Cancellation. Subject to
meeting the notice and hearing requirements of Section 65867.. -
of the Government Code, this Agreement may be amended from
time to time, or cancelled in whole or in part, by mutual
consent of thepartiesor their successors in interest in
accordance with the provisions of Section 65868 of the Govern
ment Code; provided, however, that any amendment which does
not relate to the term, permitted uses,'density or.intensity
of .use, height or size of buildings, provisions for.reservation.-
and dedication of land, conditions, terms, restrictions and
requirements relating to subsequent discretionary actions,
or any conditions or covenants relating to the use of the
Project Site, shall not require notice or public hearing
before the parties may execute an amendment hereto.
17. Waiver. .No waiver of any provision of
this Agreement shall be effective unless in writing and-- _.
signed by a.duly authorized representative of.the'party
against whom enforcement of a waiver is sought and referringc
expressly to this Section. No waiver of any right or remedys
in respect of any occurrence -:or event shall be -deemed -a
waiver of any occurrence or event shallbe deemeda waiver
of any right or.remedy in respect of any other occurrence or"*.
event.
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18. Successors and Assigns. The provisions
-of this Agreement shall be binding upon and inure to the
benefit of'the Parties, and subsequent owner of all or any
portion of the Project. Site �and their respective successors.
and assigns. Any successolrs.in interest to the City shall'.} __.. .
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be subject to the provisions set forth in Sections 65868.5
of the Government Code.
19. Interpretation and Governing State: Law. This
Agreement and any -dispute arising hereunder shall. be. governed
and interpreted in accordance with the laws of the State of
California. This Agreement shall be construed as a whole
according to its fair language and common meaning to achieve
the objectives and purposes of the parties hereto, and the
rule of construction 'to the effect that ambiguities are to
be resolved against the drafting party shall not be employed
in interpreting this Agreement, both parties having been
represented by counsel'in the negotiation and preparation
hereof.
20. Constructive Notice and Acceptance. Every
person who, now or hereafter, owns or acquires any right,.
title or interest in -or to any portion:of the•Project Site%
is, and shall be, conclusively deemed"to have -consented and ,
agreed to every provision contained herein, whether or not
any reference to this Agreement is contained :in the.j nstrume.nt.,;.;;
by which such person acquired an interest in.the'project.
Site.
21. No Third Party Beneficiaries. This Agreement
is made and entered into for the sole protection and benefit
of the Parties and their successors and assigns. 'No .other
person shall have any right of action based upon: any;:provision.
of this Agreement.
22. Attorney's Fees. If either Party commences..-+__-
ariy action for the interpretation, enforcement; terminationr;
cancellation or rescission hereof, or for specific .;;;
performance for the breach hereof, the prevailing party_ shall -1 i,
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be entitled to its reasonable attorneys' fees and costs.;.
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23. Counterparts. This Agreement may be executed
in two or more identical counterparts, each of which shall be
deemed to be an original and each of which shall be deemed to
be one and the same instrument when each Party signs each
such counterparts.
24. Incorporation of Attachments. All
attachments to this Agreement, including Exhibits A and B,
and all subparts thereto, are incorporated herein by this
reference.
25. Successor Statutes Incorporated. All
references to a statute or ordinance, shall incorporate any,
or all, successor statute or ordinance enacted to govern the
activity now governed by the statute or ordinance, noted
herein.
IN WITNESS WHEREOF, the Parties have each executed _
this Agreement of the date first written above.
Dated:
CITY OF SANTA CLARITA
. 1992, By
Mayor ,
(ATTACH INDIVIDUAL ACKNOWLEDGEMENTS FOR FEE OWNERS)
ATTEST:
(INSERT STANDARD CITY CLERK ATTESTATION FOR THE
MAYOR'S SIGNATURE).
(ATTACH EXHIBITS A AND B)
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0
IN WITNESS WHEREOF, the Parties below have each
executed this Agreement of the date first written above.
Dated: , 1992
Edith Palmer
Owner
Dated: , 1992
Clement Cox
Owner
Dated: , 1992
Paula Cox
Owner
Dated: , 1992
Dated: , 1992
Dated: , 1992
Y
LI
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Mary Dapas, Trustee
Owner
Sand Canyon Estates Ltd.
A California Limited Partnership)
Owner
Stan Fargeon
General Partner
Sand Canyon Estates Ltd.
A California Limited Partnership,
Owner
Morton Forshpan
General Partner
EXHIBIT "B"
PARCEL 3, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
PARCELS 2 TO 4 INCLUSIVE IN THE CITY OF SANTA CLARITA, IN
ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO.
109 PAGES 31 AND 32 OF PARCEL MAPS, IN THE OFFICE OF THE
SAID COUNTY.
PARCEL 3:
THE COUNTY OF LOS
10561, FILED IN E00:
COUNTY RECORDER OF'
THAT =ORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23
TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN
CLARITA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT OF SAID LAND FILED IN•THE DISTRICT LAND OFFICE ON MARCH 29,
1877, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SECTION 23; THENCE NORTH 0
DEGREES 09 MINUTES 00 SECONDS WEST, ALONG THE EASTERLY LINE OF SAID SECTION,
DISTANCE OF 730.13 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 40 SECONDS WEST
DISTANCE OF 600.00 FEET; THENCE NORTH 70 DEGREES 59 MINUTES 37 SECONDS WEST .
DISTANCE OF 209.92 FEET; THENCE SOUTH 0 DEGREES 09 MINUTES -00 SECONDS EAST A
DISTANCE OF 652.86 FEET TO THE NORTHEASTERLY LINE OF LIVE OAK SPRINGS CANYON
ROAD, 50.00 FEET WIDE, AS DESCRIBED IN THE DEED TO THE COUNTY OF LOS ANGELES
RECORDED ON IA-RCH 26, 1945 AS INSTRUMENT NO. 1065 IN BOOK. 21797 PAGE 180
OFFICIAL RECORDS, OF SAID COUNTY; THENCE IN A GENERAL SOUTHEASTERLY DIRECTIO'
ALONG SAID ROAD TO THE SOUTHERLY LINE OF SAID SECTION 23; THENCE NORTH 89
DEGREES 39 MINUTES 40 SECONDS EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF
470.90 FEET TO THE POINT OF BEGINNING.
PARCEL C:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER:OF SECTION 23
TOWNSHIP 4, NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN
CLARITA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER; THENCE SOUTH 89 DEGREES 41 MINUTES 31 SECONDS WEST, 1300.78 FEET TO
THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER;
THENCE SOUTH 0 DEGREES 13 MINUTES 49 SECONDS WEST ALONG THE WEST LINE OF SAI.
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 200.00 FEET; THENCE EAST 210.00
FEET; THENCE SOUTH 0 DEGREES 13 MINUTES 49 SECONDS WEST PARALLEL' WITH SAID
WEST LINE, 210.00 FEET; THENCE SOUTH 70 DEGREES 59 MINUTES 37 SECONDS EAST
522.04 FEET TO THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT WESTERLY
600.00 FEET MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID SECTION 23,
AND A LINE PARALLEL WITH AND DISTANT NORTHERLY 730.13 FEET MEASURED AT RIGHT
ANGLES FROM THE SOUTH LINE OF SAID SECTION 23; THENCE NORTH 89 DEGREES 39
MINUTES 40 SECONDS EAST ALONG SAID LAST MENTIONED PARALLEL LINE 600.00 FEET
THE EAST LINE OF SAID SECTION; THENCE NORTH 0 DEGREES 09 MINUTES 00 SECONDS
WEST ALONG SAID EAST LINE OF SAID SECTION, 583.46 FEET TO THE POINT OF
BEGINNING.
PARCEL D:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23
TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY.OF SAN
CLARITA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT OF SAID LAND DESCRIBED AS FOLLOWS:
EXHIBIT "B"
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA.
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 4 NORTHr RANGE 15
HEST, SAN BERNARDINO MERIDIAN, THENCE WEST ALONG THE SOUTHERLY LINE OF SAID.
SECTION DISTANT 150 FEET, THENCE NORTH PARALLEL WITH THE EASTERLY LINE OF S..,
SECTION 290 FEET, THENCE EAST PARALLEL WITH THE SAID SOUTHERLY LINE OF SAID
SECTION 150 FEET TO THE EASTERLY LINE OF SAID SECTION, THENCE SCUTHERLY ALO -
SAID EASTERLY LINE OF SAID SECTION 290 FEET TO THE POINT'OF BEGINNING.
PARCEL E:
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTH14EST QUARTER; THI
SOUTH FALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 24, TOWNSHIP 4 NORTH, RANG
15 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SANTA CLARITA, IN THE COON
OF LOS ANGELES, STATE OF CALIFORNIA.
PARCEL F:
THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
TOWNSHIP 4 NORTH, RANGE 15 WEST; SAN BERNARDINO MERIDIAN, IN THE CITY OF SA''
CLPRITA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO TH.
OFFICIAL PLAT OF SAID LAND.
PARCEL F-1:
AN EASEMENT PURSUANT TO THAT JUDGMENT OF THE LOS ANGELES SUPERIOR COURT CAST
NO. C 431903 WHICH RECORDED DECEMBER 2r 1983 AS INSTRUMENT NO. 83-1423941
OFFICIAL RECORDS, FOR INGRESS AND EGRESS AND ROAD PURPOSES AND TELEPHONE. AN
POWER LINES DESCRIBED AS FOLLOWS:
(A) THE EASTERLY 30 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTH FAL
OF THE SOUTH HALF OF THE. SOUTHWEST QUARTER OF THE. NORTHWEST QUARTER OF SECT
24r AND
(B) THAT PART OF THE NORTHERLY 30: FEET OF THE 14EST HALF OF THE EAST HALF OF
THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST. QUARTER OF THE NORTHWEST
QUARTER OF SECTION 24, WHICH LIES TO THE WEST OF OAR SPRING CANYON ROAD.
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TECIYYCALCO SIA.TAYY5 1 .... {' _ SITE DATA
TVPCAL STP SEC110Y
TEN Y ATIVE TR
Number 473241.
Hunters Green at Sand Canyon
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VICINITY YAC
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APPROL LOT AMA$ _
OWYE11/AIPLICAYLS' e
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INGRESS LOC
L E G A L D E S C R I P T 10 N CONTINUATION NORTH PE
S.C. EQUEST. COM.
7hat portion of the Southeast quarte'r o� Section 23 and Southwest Tlm%,cE South 89048'41" �%bst along the North line of the southeast THENCE 87.98 feet along the arc of said curve whose radius is
quarter of Section 24, TbFInship 4N, RarK,,e 15 INI, S&M as described Quarter of the Southea t Quarter, 1151.56 feet to a roint. 135-00 feet, having a central angle.of 37020'20" to a point
as follows: (chord bearing = S 71035110"E);
71MNCE continuing along said North line being also the South line
The Southuest Q=ter of said Section 24 exceot therefrort the follow- of Parcel Map 10561, Bk 109, page 31, 32, L.A. County Records, 711ENCE continuing along said Right of Way South 89034140" East,
ing 3 parcels; (1). 11he Northeast Quaiter of said Southwest Quarter, South 890 24'26" West, 149.25 feet to the Northwest corner 28.75 feet to a point of curve, being concave to the South;
(2) the Northwst Quarter of the Southeast Quarter of sa;d of the Southeast Quarter of said Southeast Quarter;
Southwest Quarter, and (3) the Northeast Quarter of the Northwest TH12CE 97.27 feet along the arc of said curve whose radius is
Quarter of said Southmst Quarter. T104CE South 0018'29" ;%bst along the ;%bst line of the Southeast 185.00 feet having a central angle of 30007'27" (chord I/
Quarter of said Southeast Quarter, 200.00 feet; bearing = S 75011'36" E); to a point at which said Right 7X
and of Way intersects the South line of Section 23; -
TIE34CE South 89055'00" Fast 210.00 feet to a point; I
Parcels 2, 3 and 4 as shc�n on Parce- nap 10561, Book 109, page TIM4CE North 89043'55" East along said.South line 471.48 feet to
31, 32 of Parcel r -bps in the cffice 64 County Recorder, Los -mr-E south 0018'29" West, parallel to said Wiest line, 210.00 0
0 the True Point of Beginning.
Angeles County, CA, being in the Southeast Qu=rtcr of said Saction feet to a point;
23. T104CE South 70054'37" Fast, 312.12 feet to a point, and
and EX= therefrom the South 220 f"t of thelEast 260 feet of said
THL-CE South 0003'02" East, 649.62 feet to the Northerly Right Section 23;
Beginning at the Southeast corner or, r said Section 23; of Way of Live Oak Springs Rd.; d
THENCE North 0004 '00" West 1309.76, feet along t -he Fast line of THECE South 52055'00' East, 155.22 feet along said Right of :_ �
Section 23 to the Northeast corner of the Southeast Quarter Way to a point of curve being concave to the North; EXC=1 therefron the South 220 feet of th2lilest 400 feet of said
Section 24.
of the Southenqt Quarter of Section 23; A
Being 137.23 gross Ac -
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LEGEND
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341 SINGLE FAMILY LOTS
N
7*01/11\
1ZPUBLIC EQ
PROPOSED GRADING "P -
DRAINAGE DIRECTION )�j
100, VIC
VERTICAL CURVE LENGTH
0
PV I. POINT OF VERTICAL 0
G14
INTERSECTION ELEVATION. :z
SLOPE OF PAVEMENT
F- 06A 1164
PAVEMENT ELEVATION
7P
VIP
BUILDING ENVELOP
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P. PAD ELEVATION A#
ARE
FLOOD ZONE A (undetermined elevat
:Z,
FLOODZONE AO (average V-3`depth)
------------- SANITARY SEWER (86) 'T 11--)
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STORM DRAIN (ONSITE) Z
NNY
M
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MMR
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R: 17��, 00 lei I N 89*46' 17�r 26 2 7 72' 1 G WATe 7. E!,MT ------
I SOL1-rq V4C0eMER,SFC.?L4
is: 7,V zo 21 .7 1' " L. ft.,
I . SITE DATA' RECORDED TRAC
TECHNICAL CONSULTANTS L: 8'7.qO- -;0007 V_ T #37573
W 89' 40 NV L 97.17' A-1-2 AERIAL PHOTOGRAPHY &TOPOGRAPHIC CONTOURS
I S k . OWNER/APPLICANITS
GROSS AREA 137.23 AC.
GEOLOGIST JEFF JOHNSON APPROX. LOT AREAS Cooper Aerial Survey Co.
31220 LA BAYA STE. 110 RIGHT OF WAY 0.19 AC. I
MARY BARBOUR TRUST 4621 North 16th Street LIJ
WESTLAKE CA. 9 1361 EDITH PALMER, OtEMENT AND PAULA COX
60
PH.818-889-4947 No NET AREA 137.04 AC. Lot Area Lot Area Lot MARY DAPAS TRUSTEE Phoenix, AZ. 85016
rea (58'MINOR CULDESAC) 10093 WEST LIVE OAK SPRINGS. FLOWN 12/88
L
EX. ZONING A-1-2 (107.35 AC.), A-1-1 (THE EASTERLY 29.87 AC-) 1 1.377 Ac.' 1 25 1.079 Ac. 119 1.336 Ac.
1) ACTUAL LOT OWNWERSHIP LINES EXTEND TO CENTER OF 2 1.630 " j 1 17429 SAN FERNANDO MISSION RD.
1 26 1.263 50 1.258 11 1 - I I I SANTA CLARITA, CA. 91351
FRONT AND OR SIDE STREETS. 00 01 ,
3 1.4 27 1.377 GRANADA HILLS, CA- 91344
SOILS MASTERMAN AND ASSOC. PARK LOTS 2 51 1.118 12 LNIDSCPISL I
14535 HAMLIN ST 2) LOT AREAS EXCLUDE STREET ESMTS. 4 1.308 1, 805-252-2409
t . 28 1.1412 52 1.12 U I
S.F. LOTS 70 5 818-353-4969
30 2.801
VAN NUYS CA. 91411 J 1.1400 29 1.951 53 1.010 C)
6 1.710 " 2"FLUSH!
OPEN SPACE 54 2.112 11 111
PH.al8-994-8057 3) DOMESTIC WATER TO BE SERVED FROM LIVE OAK SPRING 2
S. 7 1.'5'8 31 1.308 55 1.807 COW RIBBON CM
8 :1.74 32 1.090 56 1.625 OWER/APPLICANT/SUBDIVID R
LINES TO BE eMIN. AND 8'MAX. EX. LAND USE AGRICULTURAL (25%), VACANT (75%)
9 !3.75
PROP. LANE) USE SINGLE FAMILY RESIDENCE. PUBLIC/PRIVATE PARKSt . L 33 1.000 57 1. 836 M71
OAK TREES LEE NEWMAN AND ASSOC.
-P! M1111 0C_VFrn OLVrCt-ii.4%. MAX SLOPE -w*.
PRVT. EQUES. ESMTj:- 1
43
10
5.06
34
1.085
58
ALTERNATE STREET SECTION LA
1.371
5AMLI UANTUM CID I A I CO
8-10-69
C, P9I1VF_, Cj$eADI?4Cj;
4. VEHICULAR ACCESS WILL BE PROVIDED TO ALL INLETS AND OUTLETS TO THE 20. .5.643 44 1.637 .68 1.276
SATISFACTION OF THE DEPARTMENT OF PUBLIC. -WORKS. 1
1.70 MILES.
- -
2.135
45
1
31320 VIA COLINAS STE.108
PUBLIC, EQUES., ESMT_ 0,611111-0 +
i 5.' APPROVAL OF THE DRAINAGE COW:EPT DOES NOT CONSTITUTE DETERMINATION THAT
11
1
4.913
35
1.012
59
1.763
18988 SOLE6Ab CANYON RD.
0
30 -93
WESTLAKE CA. 91362
6WILES,
12
2.525 "
36
1.371
60
1.301,
47
1.180
1.118
pH.Sia-991-5056
DRAINAGE CONCEPT NOTES
58' (TERMINATING CUL-DE-SAC ONLY)
-S
2.054 " 1
37
1.446
7o -i I
Z, z y /Sy z;,
G� 0,Pe I �j DS - /_07--S .3,4,51151 1
? A4. 4' AA
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47-r
1-
SANTA CLARITA, C A. 91351
.13
61-
1.331 "
.
1. HYDROLOGY INFORMATION AND STORM DRAIN ALIGNMENTS SHOWN ARE NnT
14
1.205
38
NECESSARILY APPROVED.
1.061
62
2.43* "
.805-251-9990
SURVEYORt RES LAND SURVEYS
(A
is
1.263
39
1.074.
.63
1.504
2. COMPLIANCE OF ALL STREET DRAINAGE REQUIREMENTS !.WILL BE MET TO THE
LU
M
16
1.602
40
1.159
1524 E. BLACKLIDG!1I
SATISFACTION OF THE DEPARTMENT OF PUBLIC WORKS..
14.1
(A
64
1.102
TUCSON AZ.857#
I
I
4 14 4/
a
17
1.742
41
1.423
65
1.056
PK502-795-732A
3. NECESSARY. EASEMENTS WILL BE DEDICATED FOR THE STORM DRAIN SYSTEM TO THE
18
1.873
42
1.109
66
SATISFACTION OF THE DEPARTMENT OF PUBLIC WORKS.
1.308
i R.LS.# 5048
2.617
43
1.010 -1
67
1.756
-4
8-10-69
C, P9I1VF_, Cj$eADI?4Cj;
4. VEHICULAR ACCESS WILL BE PROVIDED TO ALL INLETS AND OUTLETS TO THE 20. .5.643 44 1.637 .68 1.276
SATISFACTION OF THE DEPARTMENT OF PUBLIC. -WORKS. 1
21
2.135
45
1
i 5.' APPROVAL OF THE DRAINAGE COW:EPT DOES NOT CONSTITUTE DETERMINATION THAT
I
2.158 1
46
.483
69
1.05 4
30 -93
Pyr. C -Sue 55--)7 'S, C,rek-,
THE OFFSITE IMPROVEMENTS ARE REQUIRED WITHIN THE MEANING OF GOVERNMENT
CODE SECTION 66462.5, (EXCEPT AS NOTED).�-, 1
1
TYPI AL STREET SECTION
.22
23
1.244
47
1.180
1.118
70
71
1.125
-S
- - -
0
7o -i I
Z, z y /Sy z;,
G� 0,Pe I �j DS - /_07--S .3,4,51151 1
? A4. 4' AA
44,4:F (1 1 7
II ./q, I I -_�
47-r
�C 1 2.915 (Park)
I Ii
24 2.105 48 1.38 72
6. AN OFFSITE DRAINAGE COVENANT FOR ACCEPTANCE OF DRAINAGE (AND DRAINAGE �72 .,2-45 (Park)
FACILITIES) MAY CIV OCIIATW11 �17 TknT V, NOTE: ALL STREETS TO BE PRIVATE AND FUTURE 1 1
`14," 0, -t ^f la"CS �74141 �o I a rA 0 S-trCer See-71bd .1