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HomeMy WebLinkAbout1994-01-11 - AGENDA REPORTS - ORD 93 21 ANNEX AGMT 93 006 (2)AGENDA REPORT UNFINISHED BUSINESS DATE: January 11, 1994 City Manager Approval Item to be Lynn 1,' /_0K SUBJECT: Ordinance No. 93-21, approving Annexation Agreement No. 93-006 (Master Case No. 93-173), associated with the "Copperhill Annexation" DEPARTMENT: Community Development 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 had 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. On December 14, 1993, the Council reviewed Annexation Agreement No. 93-006, and adopted Resolution No. 93-121, approving the Negative Declaration prepared for the project with the finding that the project would not have a significant effect on the environment and passed Ordinance No. 93-21, for approval of Annexation Agreement No. 93-006, to a second reading. This Council action demonstrated a "good faith" effort on the City's part to complete the agreement with Cucamonga Development Co. and thereby allowed for the recordation of the annexation on December 15, 1993. 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 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. The approximately 43 acre 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. Staff recommends that the Council adopt Ordinance No. 93-21, approving Master Case No. 93-173 (Annexation Agreement No. 93-006). ATTACHMENTS Proposed Annexation Agreement No. 93-006 — in reading file Proposed Ordinance No. 93-21 LMH:KMK avrex"W2..1=k Adopted:y Agen';,� Ilea: Recording Requested By and When Recorded Return to: CITY CLERK ANNEXATION AGREEMENT BY AND BETWEEN THE CITY OF SANTA CLARITA AND CUCAMONGA DEVELOPMENT CO. THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE S65868.5 t ANNEXATION AGREEMENT This Annexation Agreement (the "Agreement") Is made this _ day of 1993, by and between the City of Santa Clarita, a municipal corporation, organized and existing underthe general laws of the State of California (the "City), and Cucamonga Development Co., A California Limited Partnership ("Cucamonga" or the "Developer"). RECITALS 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 entitles 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 17 of the Santa Clarita Municipal Code (the "Santa Clarita Municipal Code or "Santa Clarita Code"). B. The Developer is the owner of or has equitable Interest in certain real property (the "Project Site") located in the unincorporated area of the County of Los Angeles, California, as documented in Exhibit A. The legal description for the Project Site, which real property is the subject matter of this Agreement, Is set forth in Exhibit B. The Project Site consists of 42.82 acres of vacant land. 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 th annexation of the Project as expressly permitted under the terms of this Agreement and th provision of public services, public uses, and urban infrastructure, all In the promotion of th health, safety, and general welfare of the City of Santa Clarita and the residents of the Santa Clarita Valley. D. Vesting Tentative Tract Map 47626 is comprised of Lots 1-24 for 24 detached single- family residences. On September 11, 1991, following a public hearing conducted on June 26, 1991, August 21, 1991 and August 28, 1991, the Planning Commission of the County of Los Angeles approved Vesting Tentative Tract Map 47626 and Negative Declaration, granted a permit for Conditional Use Permit No. 89-150, and recommended that the Los Angeles County Board of Supervisors zone the Project Site RPD -2.85U and certlfy the Negative Declaration in connection with such cases. On September 30, 1993, the Board of Supervisors approved Zone Change No. 89-150.. E. On July 14, 1992, the City Council of the City adopted Resolution No. 92-180, initiating annexation proceedings for the Project Site (the "Annexation"). On April 13, 1993, the City Council of the City adopted Ordinance No. 93-7, approving the prezoning of the Project Site to Residential Low (2.2 to 3.3 units per acre). On , 1993, the Planning Commission of the City held a public hearing on the application forthls Agreement, and on , 1993, the Planning Commission of the City adopted Resolution No. _, recommending approval to the City Council of the Agreement with the Developer, On , 1993, the City Council of the City held a public hearing on the application for this Agreement and, on 1993, the City Council of the City adopted Resolution No. _, approving the Agreement with the Developer. F. The Project Site, in connection with the planned residential development, has received approval entitlements from the County of Los Angeles for the development of 24 detached single- family residences and related amenities. The Developer desires to continue the processing of the cases and to construct the 24 units as approved by the County of Los Angeles without Interruption t ANNEXATION AGREEMENT NO. 93.006 t oradditional expense. The entire planned residential development forwhich thisagreement applies for the Project Site will consist of the total 24 units. G. The Developer desires to obtain the agreement of the City that the City will permit the development of the Project Site in accordance with the previous County of Los Angeles approvals and 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 forth in this Agreement and the conditions of the Project Approvals. H. The City and the Developer propose this Agreement pursuant to the Santa Clarita Municipal Code. 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 substantially consistent with the City's adopted plans and policies and the "Zoning Ordinance" (as hereinafter defined) and the City's General Plan. In prezoning the Project Site and approving the Project, the City Council and the Planning Commission found, pursuant to the provisions of the California Government Code, the Project is consistent with the City's General Plan. I. This Agreement Is consistent with the present public health, safety, and safety needs of the residents of the City of Santa Clarita and the surrounding region. J. 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. K. 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. L. 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 and surrounding region. AGREEMENT NOW, 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: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "Applicable Rules" means the rules, regulations, and official policies of the County of Los Angeles in force as of the date of approval of Vesting Tentative Tract Map 47626, 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 the remaining building permits for any part, or all, of the Project Site. (b) "Discretionary Actions; discretionary 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, 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 has 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 that this Agreement is executed by the Parties on different dates, the date the last Party executes this Agreement shall constitute the Effective Date. (d) "Final Map" is the Final Subdivision Map recorded satisfying the conditions Imposed upon the approval of the Tract Map. (e) "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 to the extent specified In paragraph (a) of Section 7 of this Agreement. (f) "Zoning Ordinance" is the Zoning Ordinance for the City of Santa Clarita (Title 17 of the Santa Clarita Municipal Code). 2. Interest of Cucamonga. Cucamonga 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, or has an equitable Interest In the Project Site. 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. This Agreement shall be recorded in accordance with the requirements of the Government Code. 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. ANNEXATION AGREEMENT NO. 93.006 Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer partners or participants in a joint venture. 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 under this agreement for the development of the single-family dwelling units as previously approved by the County of Los Angeles and related entities. (b) "Development Standards:' The permitted uses of the Project Site, the density and intensity of use, the location of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public Improvements, and other terms and condhions of development applicable to the Project Site shall be (1) those set forth in the Project Approvals, as previously approved by the County of Los Angeles and as may be amended, and (ii) the Applicable Rules. 6. Agreement and Assurance on the Part of the Developer. The Parties intend by this Agreement to provide consideration to the public to balance the private benefits conferred on the 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 thi Agreement is fair, just, and reasonable, and prompted by the necessities of the -situation. I consideration of the foregoing, and in consideration of the City's assurances for the Developer' rights to complete the development of the Project Site pursuant to the terms and conditions of this Agreement, the Developer hereby agrees as follows: (a) Annexation. The Developer will consent to, and will not protest or contest, the annexation of the Project Site to the City. (b) Development of the Project Site. The Developer will use reasonable efforts, in accordance with its conditions and other economic factors influencing Its business decision to continue development, to develop the Project Site In accordance with the terms and conditions of this Agreement, with the conditions established in the Project Approvals and with the Applicable Rules. The City acknowledges that the Developer cannot 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 Company v. City of Camarillo (1984) 37 Cal.3rd.465 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, it Is the Parties' Intent to avoid the effects of this decision. The City acknowledges and agrees that the Developer shall have the right to develop the Project In such order and at such rate, and at such times as the Developer deems appropriate within the exercise of Its subjective business judgment, subject only to any timing or phasing requirements set forth In the Applicable Rules and Project Approvals. ANNEXATION AGREEMENT NO. 93-016 In addition to, and not in limitation of, the foregoing, it is the intent of the Developer and the City that no moratorium or other limitations, including inhlatives (whether relating to the rate, timing, or sequencing of the development of 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 or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), building permits, certificates of occupancy, or other entitlement 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 that such moratorium or other limitations including initiatives Is In conflict with 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 the Developer that it will be permitted to carry out and complete the development of this Project Site, subject to the terms and conditions of the 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: tt (a) Entitlement to Develop. The Developer has acquired and been granted the vested right to develop the Protect Site to the extent and in the manner provided in this Agreement,/ subject to the conditions of the Project Approvals and In accordance with the Applicable Rules and Subsequent Applicable Rules, and the City hereby finds the Project consistent with the City's adopted plans and policies and the Zoning Ordinance. Any change in any applicable general or specific plan, Zoning Ordinance, growth management, or any subdivision regulation of the City, adopted or becoming effective after the Effective Date, shall not 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 substantially dangerous to their health and/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. The City finds, based upon all Information made available to the 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 not 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 condition shall preclude or otherwise limit the Developer's ability to develop the Project site in accordance with the density and Intensity of use set forth in this Agreement, unless the City determines that the 5 ANNEXATION AGREEMENT NO. 93-006 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 City Council of the City in its sole discretion. (d) Cooperation and Implementation. The City agrees that it will cooperate with the Developer to the fullest extent reasonable and feasible to implement this Agreement. Upon satisfactory completion by the 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 Project Site, filed by the 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. The Developer will, In a timely manner, provide the City with all documents, plans, and other Information necessary for the City to carry out Its obligations under this Agreement. 8. Modification, Amendment, or Cancellation. Subject to meeting the notice and hearin requirements of Section 65867 of the Government Code and the applicable provisions of the Sant 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 with the provisions of Section 65868 of the Government Code and the Santa Clartta Code. 9. Tenn of Agreement. This Agreement shall become operative upon the annexation of the Project Site to the City, or as otherwise mutually agreed to by the Parties hereto. If the Project Site is not annexed prior to the time specified herein, this Agreement shall be null and void. This Agreement shall commence upon the Effective Date and shall remain In effect for a term of seven (7) 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 time of the termination. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, the discovery and resolution of hazardous waste or significant geologic, hydrologic, archaeologic or paleontologic problems on the Project Site, fires, casualties, acts of God, governmental restrictions Imposed or mandated by other governmental entities, enactment of conflicting state or federal statutes or regulations, judicial decisions, or any similar basis for excuse performance which is not within the reasonable control of the Party to be excused. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of Its obligations hereunder shall be extended for the period of time that such events prevented such performance. d ANNEXATION AGREEMENT NO. 93-006 10. 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 state once the construction is commenced. Moreover, the Developer has invested a considerable amount of time and financial resources in planning to arrive at the time, location, intensity of use, improvements, and structure for the 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 the 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 or 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 entitles acquiring title to or who ani interested in the Project, or any portion thereof. 11. 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 mall as registered or certified mall, 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 Clarlta, CA 92355 Attention: George A. Caravalho With a copy to: Carl K. Newton, City Attorney CIO Burke, Williams & Sorensen 624 South Grand Avenue, 11th. Floor Los Angeles, California 90017 If to Developer: Ken Battram Cucamonga Development Co. #2 Civic Plaza, Suite 250 Newport Beach, CA 92660-5915 7 o ANNEXATION AGREEMENT NO. 93-006 With a copy to: David H. Breier Sandler and Breier 10850 Wilshire Boulevard, Suite 1075 Los Angeles, CA 90024 12. 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 not be affected to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 13. Time of Essence. Time Is of the essence for each provision of this Agreement of which time Is an element. 14. 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 the Parties or their successors in interest in accordance with the provisions of Section 65868 of the Government 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 befori the Parties may execute an amendment hereto. 15. 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 referred expressly to this Section. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. 16. 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 successors In Interest to the City shall be subject to the provisions set forth In Sections 65865.4 and 65868.5 of the Government Code. The rights of the Developer underthis 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 the Developer from such obligation only If said assignee has been notified in writing as to the existence and contents of this Agreement. , 17. 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. o n ANNEXATION AGREEMENT NO. 93-006 18. 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, provided that reference to this Agreement is contained In the instrument by which such person acquired an interest in the Project Site. 19. 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. 20. Attorney's Fees. If either Party commences any action for the Interpretation, enforcement, termination, cancellation or rescission hereof, or for specific performance for the breach hereof, the prevailing Party shall be entitled to its reasonable attorneys' fees and costs. 21. 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 counterpart. 22. Incorporation of Attachments. All Attachments to this Agreement, including Exhibits A and B, and all subparts thereto, are incorporated herein by this reference. t Should any or all of the provisions of this Agreement be found to be in conflict with an other provision or provisions found In the Project Approvals, Applicable Rules, Subsequent( Applicable Rules or Zoning Ordinance then the provision(s) of this Agreement shall prevail. IN WITNESS WHEREOF, the Parties have each executed this Agreement on the date first written below. Dated: 1993 CITY OF SANTA CLARITA Uz Mayor ATTEST: City Clerk Approved as to Form: City Attorney Dated: 1993 (the "Developer') By: EXHIBIT A CITY OF SANTA CLARITA VICINITY MAP V.TTM. 47626 ANNE XATIOdl IVa. 1990-06 NORTH t EXHIBIT B LOTS 3 (31.24 AC.) AND 4 (11.58 AC.) OF PARCEL MAP NO. 16710 AS RECORDED IN MAPS OF THE COUNTY RECORDER OF LOS ANGELES COUNTY IN BOOK 190, PAGES 30-32.. 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. 1990-06), 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, and east and west of Haskell Canyon Road). b. On November 10, 1993, the LAFCO approved Annexation No. 1990-06, subject to th �' condition that the Certificate of Completion for the annexation not be recorded until the City Council has passed an ordinance, approving an annexation agreemen({ 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 Permft 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. g. 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, it 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 t 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 by the 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 3. 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 Clarita, 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 Clarlta, 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 coundlowd9321.Amk