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HomeMy WebLinkAbout1993-05-25 - AGENDA REPORTS - RESO 93 58 (2)AGENDA REPORT City Manager Approval Item to be presented by. PUBLIC HEARING � ! Lynn M. Harris (/// 2" DATE: May 25, 1993 SUBJECT: Resolution No. 93-58, approving the Negative Declaration prepared for the project, and Ordinance No. 93-13, approving Master Case No. 93027 (Annexation Agreement No. 93-04), associated with Annexation No. 1990-11 (Vista del Canon). DEPARTMENT: Community Development PLANNING COMMISSION ACTION On April 20, 1993, the Planning Commission held a public hearing on the proposal and adopted Resolution No. P93-06, recommending that the 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. 93-027 (Annexation Agreement No. 93-04). ANALYSIS The -City Is proposing to enter Into an annexation agreement with Westholme Partners, the developer of the project site, in order to facilitate the completion of Annexation No. 1990.11 (Vista del Canon) to the City. On December 8, 1992, the City Council adopted Resolution No. 92-180, requesting that the Local Agency Formation Commission (LAFCO) of Los Angeles County Initiate annexation proceedings for the site. The annexation is currently being processed by the LAFCO, and could occur as early as July, 1993. A total of 362 multl-family residential units were approved for the 18.9 acre site by the Los Angeles County Board of Supervisors In 1988 (Tract Map 44328) and the map was recorded In 1989. To date, 333 units have been completed; construction has been Initiated on 25 of the remaining 29 units. The project site became a "County Island" as a result of the Price Club annexation, which was recorded in May of 1991. The City Is proposing to enter Into an annexation agreement to vest Westholme's permits to complete the remaining 29 units. 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 and permits already issued by the County. In exchange for these vesting rights the City will ensure the developer's support for the annexation. Adapted: enda (dem: -s'aA9 --�--- 9.3-f3 pozned Agenda Report Master Case No. 93.027 Page 2 RECOMMENDATION Staff recommends that the Council: 1) Open the public hearing; and 2) Adopt Resolution No. 93.58, approving the Negative Declaration prepared for the project with the finding that the project will not have a significant effect on the environment; and. 3) Introduce Ordinance No. 93-13, approving Master Case No. 93-027 (Annexation Agreement No. 93-04), waive further reading and pass to second reading. ATTACHMENTS 1) . Proposed Annexation Agreement No. 93-04 2) Resolution No. P93-06 3) Map of the project area 3) Proposed Negative Declaration 4) Proposed Resolution No. 93-58 5) Proposed Ordinance No. 93.13 LMH:KMK em&xW27wlmk 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 CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING MASTER CASE NO. 93-027 (ANNEXATION AGREEMENT NO. 93-04 ASSOCIATEDWITH ANNEXATION NO. 1990-11) SOUTH OF SIERRA HIGHWAY, VISTA DEL CANON, AND VIA PRINCESSA THE PROJECT PROPONENT IS THE CITY OF SANTA CLARITA PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City-Oouncil of the ::City of Santa Clarita regarding Master Case No. 93-027 (Annexation Agreement No. 93-04, associated with Annexation No. 1990-11), south of Sierra Highway,' Vista Del Canon,.and Via Princessa. The City is proposing to enter into a formal agreement with Westholme,Partners to vest the Los' Angeles County approvals for Final Tract Map 44328, .thereby allowing for the completion of the remaining 29 units and facilitating the annexation of the area 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, at 23920 .Valencia Blvd., lst.Floor, Santa Clarita, the 25th day of May,'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: April -30, 1993 Donna M. Grindey, CMC City Clerk Publish Date: May 4, 1993 RESOLUTION NO. 93-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING THE NEGATIVE DECLARATION PREPARED FOR MASTER CASE NO. 93-027 (ANNEXATION AGREEMENT NO. 93-004) 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 December 8, 1992, the City Council adopted Resolution No. 92-180, requesting that the Local Agency Formation Commission (LAFCO) of Los Angeles County Initiate annexation proceedings for the site known as "Vista del Canon" (located generally south of Sierra Highway, Via Princessa, and Vista del Canon), which became a "County Island" as a result of the Price Club annexation in May of 1991. B. The City of Santa Clarita proposes to enter Into an annexation agreement with Westholme Partners, the developer of the approximately 18.9 acre Inhabited site, to vest entitlements and permits issued by Los Angeles County for 362 multi -family residential units (Final Tract Map 44328), thereby allowing for the completion of the remaining 29 units and facilitating the completion of Annexation No. 1990-11 to the City of Santa Clarita. C. 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 March 29, 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 21dayreview 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 RM 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 and adopts 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 Clarlta at a regular meeting thereof, held on the day of 11993 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk emsx18327cerabnk ORDINANCE NO. 93-1i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARiTA, CALIFORNIA APPROVING MASTER CASE NO. 93.027 (ANNEXATION AGREEMENT NO. 93.)04 ASSOCIATED WITH ANNEXATION NO. 1990.11), AN AGREEMENT BETWEEN THE CITY AND WESTHOLME PARTNERS, THE DEVELOPER OF THE COUNTY ISLAND LOCATED SOUTH OF SIERRA HIGHWAY, VIA PRINCESSA, AND VISTA DEL CANON, IN THE COUNTY OF LOS ANGELES WHEREAS, on December 8, 1992, the City Council of the City of Santa Clarfta adopted Resolution No. 92.180; requesting that the Local Agency Formation Commission. (LAFCO) of Los Angeles County initiate annexation proceedings for the site known as "Vista del Canon" (located generally south of Sierra Highway, Via Princessa, and. Vista del Canon), which became a "County Island" as a result of the Price Club annexation In May of 1991; and WHEREAS, the City of Santa Clarita proposes to enter Into an annexation agreement with Westhoime Partners, the developer of the approximately 18.9 acre inhabited site, to vest Los Angeles County entitlements and permits for 362 multi -family residential units (Final Tract Map 44328), thereby allowing for the completion of the remaining 29 units and facilitating the completion of Annexation No. 1990-11 to the City; and WHEREAS, the City of Santa Clarita City Council set May 25,1993, at the hour of 6:30 p.m., In the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, Califomla; 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; and WHEREAS, at said public hearing, testimony was received, if any, for, and/or against the proposed annexation agreement; and WHEREAS, at said public hearing, said annexation agreement was duty heard and considered. THEREFORE, be It resolved by the City Council of the City of Santa Clarita as follows: SECTION 1. The City Council does hereby find and determine as follows: A. The annexation agreement vests the entitlements and permits associated with Final Tract Map 44328, as obtained from the County of Los Angeles. B. The annexation agreement does not approve any development In addition to that approved by Los Angeles County in association with Final Tract Map 44328. 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 March 29;1993, to April 20, 1993. D. Public participation and notification requirements pursuant to Sections 65090 and 65351 of the Government Code of the State of California were duty followed. Ordinance No. 9343 Page 2 SECTION 2. Based upon the testimony and other evidence, if any, received at the public hearing, and upon studies and Investigations made by the Planning Commission and the City Council and on their behalf, the City Council further fJnds 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 3. In acting on the annexation agreement, the City Council has considered certain principles and standards, and finds and determines as follows: A. That the project site consists of 18.9 acres of inhabited land located south of Sierra Highway, Via Princessa,. and Vista del Canon, as identified In Exhibit A. B. That the annexation agreement is consistent with the City's General Plan. C. That public necessity, convenience, general welfare and good planning practice Justify the annexation agreement. D. That the annexation agreement will not Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. E. 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. The City of Santa Clarita. City Council has reviewed and considered the Initial Study prepared for the project and finds and determines as follows: A. Said study found that no adverse impact to the existing and future environment of the area would result from the proposal. B. The proposed annexation agreement would not have a significant adverse effect on the environment and the proposed Negative Declaration was prepared, posted, and advertised on March 29, 1993, In accordance with the California Environmental Quality Act (CEQA). C. The City Council, based upon the determinations set forth above, hereby finds the Negative Declaration to be In compliance with CEQA and approves the Negative Declaration prepared for Master Case No. 93.027. SECTION 5. Based upon the foregoing, the City Council does hereby ordain that the application for an annexation agreement Is approved. SECTION 6. This ordinance shall become effective at 12:01 a.m. on the thirty-first day after adoption, or upon the effective date of the annexation (proposed Annexation No. 1990-11) of the subject property to the City of Santa Clarita, whichever occurs last. SECTION 7. The City Clerk shall certify as to the passage of this Ordinance and cause It to be published In the manner prescribed by law: • Ordinance No. 93.13_ Page 3 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: City Clerk .. X=7wdkn*