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Home My WebLink About1993-12-14 - AGENDA REPORTS - MC 93-173 (2)AGENDA REPORT City Manager Item to be presentedy Lynn M. Harris PUBLIC HEARING DATE: December 14,1993 SUBJECT: Ordinance No. 93.21, approving Annexation Agreement No. 93-006 (Master Case No. 93-173), associated with the "Copperhill Annexation," and Resolution No. 93-166, approving the Negative Declaration associated with the Annexation Agreement DEPARTMENT: Community Development PLANNING COMMISSION ACTION On November 16, 1993, the Planning Commission held a public hearing on the proposal and adopted Resolution No. P93-30, recommending that the City Council: 1) adopt the Resolution approving the Negative Declaration prepared for the project with the finding that the project will not have a significant effect upon the environment, and 2) adopt the Ordinance approving Master Case No. 93-173 (Annexation Agreement No. 93-006). ANALYSIS On July 14,1992, the City Council adopted Resolution No. 92-180, requesting that the Local Agency Formation Commission (LAFCO) of Los Angeles County initiate annexation proceedings forthe 210 acre "Copperhill Annexation" area (Annexation No. 1990-06). On November 10, 1993, the LAFCO approved Annexation No. 1990-06, subject to the condition that the Certificate of Completion for the annexation not be recorded until the City Council has passed an ordinance, approving an annexation agreement between the City and Cucamonga Development Co., to a second reading. On November 23, 1993, the City Council adopted Resolution No. 93-159, ordering and approving the annexation. The City Is proposing to enter into an annexation agreement to vest Cucamonga Development's entitlements for the construction of 24 single-family units (approved by the Los Angeles County Board of Supervisors In September 1993 as Vesting Tentative Tract. Map 47626, Conditional Use Permit No. 89-150 and Zone Change No. 89-150). The approximately 43 acre project site is located within the Copperhill Annexation area, north and west of the existing City limits, north of Pampllco Drive, south of Copperhill Drive, and west of Kenton Lane. The proposed agreement is not a typical development agreement, as it would not result in any development beyond that approved by the County; it would give the developer certainty that the project can be completed In the City in accordance with the entitlements already Issued by the County. In exchange for these vesting rights the City will ensure the developer's support for the annexation and comply with the condition Imposed upon the annexation by the LAFCO. The first reading of the ordinance approving the annexation agreement will demonstrate a "good faith" effort on the City's part to complete the agreement with Cucamonga Development Co., and thereby allow for recordation of the annexation on December 15, 1993. (Al LP1ed:J--Q-114-q2 43 -►b6 cid. q3 -a! pazza-d to fLa Agt,da Item, l-11—qy ANNEXATION AGREEMENT NO. 93-006 Staff Report Page 2 RECOMMENDATION Staff recommends that the Council: 1) Open the public hearing; 2) Adopt Resolution No. 93.166, approving the Negative Declaration prepared for the project with the finding that the project will not have a significant effect upon the environment; 3) Pass Ordinance No. 93-21, approving Master Case No. 93-173 (Annexation Agreement No. 93-006), to a second reading; 4) Direct staff to submit Annexation No. 1990-06 to the LAFCO for recordation on December 15, 1993. ATTACHMENTS Map of the project area Proposed Annexation Agreement No. 93-006 — in City Clerk Reading file. Resolution No. P93-30 Proposed Negative Declaration (Initial Study In City Clerk's reading file) Proposed Resolution No. 93.166 Proposed Ordinance No. 93-21 LMH:KMK annex19306wkmk CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING ANNEXATION AGREEMENT NO. 93-1706 (ASSOCIATED WITH THE "COPPERHILL ANNEXATION") LOCATED NORTH AND EAST OF THE EXISTING CITY LIMITS, WEST OF HASKELL CANYON ROAD, SOUTH OF COPPERHILL DRIVE, AND EAST OF THE LOS ANGELES AQUEDUCT PUBLIC NOTICE IS HEREBY GIVEN: A Public hearing will be held before the City Council of the City of Santa Clarita regarding Annexation Agreement No. 93-006 (associated with the "Copperhill Annexation"), located north and east of the existing City limits, west of Haskell Canyon Road, south of Copperhill Drive, and east of the Los Angeles Aqueduct. The City is proposing to enter into a formal agreement with Cucamonga Development Co. to vest the Los Angeles County approvals for Vesting Tentative Tract Map 47626 and Conditional Use Permit No. 89-150, thereby allowing for the construction of 24 single family units and facilitating the completion of Annexation No. 1990-06 to the City of Santa Clarita. The proposed agreement would not result in any development beyond that previously approved by Los Angeles County. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor,. Santa Clarita, the 14th day of December, 1993, at or after 6:30 p.m. . Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's office, Santa Clarita City Hall, 23920 Valencia Blvd., 3rd Floor, Santa Clarita. If you wish to challenge this order 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 Council, at, or prior to, the public hearing. Dated: November 1, 1993 Donna M. Grindey, CMC PROtTE�T City Clerk S/ TE Public Hearing Procedure 1. Mayor Opens Hearing • 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) • Proponent 7. Mayor closes public testimony 8. Discussion by Council 9. Council decision 10. Mayor announces decision ORDINANCE NO. 93-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING MASTER CASE NO. 93-173 (ANNEXATION AGREEMENT NO. 93-006 ASSOCIATED WITH ANNEXATION NO. 199G-06), AN AGREEMENT BETWEEN THE CITY AND CUCAMONGA DEVELOPMENT, THE DEVELOPER OF APPROXIMATELY 43 ACRES LOCATED NORTH AND EAST OF THE EXISTING CITY LIMITS SOUTH OF COPPERHILL DRIVE, AND EAST AND WEST OF HASKELL CANYON ROAD, IN THE COUNTY OF LOS ANGELES SECTION 1. The City Council does hereby make the following findings of fact: a. On July 14, 1992, the City Council of the City of Santa Clarita adopted Resolution No. 92-130, requesting that the Local Agency Formation Commission (LAFCO) of Los Angeles County Initiate annexation proceedings for the proposed 210 acre "Copperhill Annexation" (located generally north and east of the existing City limits, south of Copperhill Drive, andeastand west of Haskell Canyon Road). b. On November 10, 1993, the LAFCO approved Annexation No. 1990-06, subject to the condition that the Certificate of Completion for the annexation not be recorded until the City. Council has passed an ordinance, approving an annexation agreement between the City and Cucamonga Development Co.,.to a second reading. C. On November 23, 1993, the City Council adopted Resolution No. 93-159, ordering and approving Annexation No. 1990.06 to the City of Santa Clarita. d. The City of Santa Clarita proposes to enter into an annexation agreement with Cucamonga Development Co. to vest entitlements for the construction of 24 single- family residences on approximately 43 acres (Vesting Tentative Tract Map 47626, Conditional Use Permit No. 89-150, and Zone Change No. 89-150, approved by the Los Angeles County Board of Supervisors In September, 1993). e. That the project site Is located within the Copperhill Annexation area, north and west of the existing City limits, north of Pamplico Drive, south of Copperhill Drive, and west of Kenton Lane, as Identified In Exhibit A. I. The proposed agreement would not result In any development beyond that previously approved by Los Angeles County. The agreement allows for the development of the site, subject to the conditions of the project approvals and in accordance with the applicable rules and subsequent applicable rules outlined In the Annexation Agreement. The Planning Commission held a duly noticed public hearing on November 16,1993, at 7:00 p.m. in the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At said public hearing, the annexation agreement was duly heard and considered and testimony was received, if any, for, and/or against the proposal. The Planning Commission adopted Resolution No. P93-30, recommending that the City Council: 1) adopt the Resolution approving the Negative Declaration prepared for the project with the finding that the project will not have a significant effect upon the Ordinance No. 93-21 Page 2 environment, and 2) adopt the Ordinance approving Master Case No. 93-173 (Annexation Agreement No. 93-006). h. The City of Santa Clarita City Council set December 14, 1993, at the hour of 6:30 p.m., In the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California, as the time and place for a public hearing before said City Council, and notice of said public hearing was given in the manner required by the Santa Clarita Municipal Code. SECTION 2. Based upon the testimony and other evidence, if any, received at the public hearing, and upon studies and investigations made bythe Planning Commission and the City Council and on their behalf, the City Council further finds and determines that the project Is consistent with the General Plan and complies with all other applicable requirements of State law and local ordinance. SECTION & In acting on the annexation agreement, the City Council has considered certain principles and standards, and finds and determines as follows: a. The annexation agreement vests the entitlements associated with Vesting Tentative Tract Map 47626, Conditional Use Permit No. 89-150 and Zone Change No. 89-150, approved by the County of Los Angeles in September, 1993. b. The annexation agreement does not approve any development In addition to that approved by the County of Los Angeles in association with Vesting Tentative Tract Map 47626, Conditional Use Permit No. 89.150 and Zone Change No. 89-150. C. The Initial Study prepared for the project has been circulated for review and comment by affected governmental agencies and the public, and all comments received have been considered. The public review period was from October 27, 1993, to November 16, 1993. d. Public participation and notification requirements pursuant to Sections 65090 and 65351 of the Government Code of the State of California were duly followed. e. That the annexation agreement Is consistent with the City's General Plan. f. That public necessity, convenience, general welfare and good planning practice justify the annexation agreement. g. That the annexation agreement will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. h. That the annexation agreement will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. SECTION 4. Based upon the foregoing, the City Council does hereby ordain that the application for an annexation agreement is approved. Ordinance No. 93-21 Page 3 SECTION 5. This ordinance shall become effective at 12:01 a.m. on the thirty-first day after adoption, or upon the effective date of Annexation No. 1990-06 to the City of Santa Clarlta, whichever occurs last. SECTION 6. The City Clerk shall certify as to the passage of this Ordinance and cause It to be published In the manner prescribed by law: PASSED, APPROVED AND ADOPTED this day of 1993. Mayor ATTEST. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk of the City of Santa Clarita, DO HEREBY CERTIFY that the above and foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of *1993. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Clerk oou m1hard i21.Amk RESOLUTION NO. 93-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING THE NEGATIVE DECLARATION PREPARED FOR MASTER CASE NO. 93-173 (ANNEXATION AGREEMENT NO. 93-006) WHEREAS, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: A. On July 14, 1992, the City Council adopted Resolution No. 92.130, requesting that the Local Agency Formation Commission (LAFCO) of Los Angeles County initiate annexation proceedings forthe proposed 210 acre "Copperhiil Annexation" (located generally north and east of the existing City limits, south of Copperhill Drive, and east and west of Haskell Canyon Road). B. On November 10, 1993, the LAFCO approved Annexation No. 1990-06, subject to the condition that the Certificate of Completion for the annexation not be recorded until the City Council has passed an ordinance, approving an annexation agreement between the City and Cucamonga Development Co., to a second reading. C. On November 23, 1993, the City Council adopted Resolution No. 93-159, ordering and approving Annexation No. 1990-06 to the City of Santa Clarita. D. The City of Santa Clarlta proposes to enter Into an annexation agreement with Cucamonga Development Co. to vest entitlements for the construction of 24 single- family residences on approximately 43 acres (Vesting Tentative Tract Map 47626, Conditional Use Permit No. 89-150, and Zone Change No. 89.150, approved by the Los Angeles County Board of Supervisors In September, 1993). E. This proposal Is determined to be a project per the California Environmental Quality Act (CEQA). and has been reviewed pursuant to its provisions. A Negative Declaration has been prepared for the project based on the findings of the Initial Study, dated October 27, 1993, and the determination that the proposed project will not have a significant effect on the environment, will not Impact resources protected by the California Department of Fish and Game, and that a finding of de minimus Impact on such resources Is appropriate. SECTION 2. Based upon the above findings of fact, and upon studies and investigations made on behalf of the City Council, the City Council further finds as follows: A. Based on the Initial Study, the project does not have the potential to adversely effect the environment or resources under the protection of the California Department of Fish and Game, and no significant impacts are anticipated to result from the annexation agreement. B. A proposed Negative Declaration was prepared for the project based on the Initial Study findings and the determination that the proposed project would not have a significant effect on the environment. C. A notice of environmental assessment was posted and advertised, and the proposed Negative Declaration was made available for a 21 day review period In compliance with the City's adopted CEQA resolution. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines that: A. The project Is compatible with existing development In the area, consistent with the RL Zone, and consistent with the land use designations and policies of the City of Santa Clarita General Plan. B. The project will not have a significant Impact on the environment or on resources under the protection of the California Department of Fish and Game. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as follows: A. The City Council hereby approves the Negative Declaration prepared for the project. B. The City Council hereby directs that a Notice of Determination of Negative Declaration be filed with the County of Los Angeles. PASSED, APPROVED AND ADOPTED this day of , 1993. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA,CLARITA ) I, 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 day of 1993 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk ewnef 0166J=k ANGELES NATIONAL FOREST i ` CITY OF SANTA CLARITA LEGEND -•••�••�••� CITY LIMIT BOUNDARY ••••••••••••••••••••• PLANNING AREA BOUNDARY ------ NATIONAL FOREST BOUNDARY VICINITY MAP ANGELES NA77ONAL FOREST •••••••••�•••••••• ANNEXATION. NO. 199.0-06 q, VA�'NGU 9�'VO LYONS AYE. i • •, •,•• •• i .•ti••i. i •ii•i� •iiit. �. .,i Cy` T RD, VASOUEZ CYN, 110. OF .i I • ANGELES NATIONAL FOREST