HomeMy WebLinkAbout1995-06-27 - AGENDA REPORTS - VISTA TERRACE PROPERTIES (2)AGENDA REPORT
PUBLIC HEARING
DATE: June 27, 1995
City 1
Item
Rich
SUBJECT: AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO
VOID THE ONE YEAR EXTENSIONS GRANTED TO VESTING
TENTATIVE TRACT MAP NO. 45022, PURSUANT TO PLANNING
COMMISSION RESOLUTION P92-16. APPELLANT: G.H. PALMER
AND ASSOCIATES - (VISTA TERRACE PROPERTIES, LTD.)
DEPARTMENT: Community Development
BACKGROUND
The above referenced project is one of the four "Golden Valley" projects approved by the City
between March and August of 1990. The number of units and acreage of each project are as
follows:
1) VTTM 45022 - 103 units on 24.5 acres - (Vista Terrace Properties, Ltd.)
2) VTTM 48893 - 163 units on 82.2 acres - (Showcase Homes, Inc.)
3) VTTM 43145 - 82 units on 6.3 acres - (Watt -Parker, Inc.)
4) VTTM 48892 - 108 units on 38 acres - (H & H Enterprises)
On April 7, 1992, pursuant to Resolution No. 92-16, the Planning Commission granted each
project a one-year extension. Following the extension issued by the Planning Commission,
the City Council approved a funding and acquisition agreement with the four developers and
subsequently established the assessment district.
On June 1, 1993, the Planning Commission extended the expiration date of each map to June
1, 1994.
PLANNING COMMISSION ACTION
This application, in conjunction with the other three VTTM's, was heard by the Planning
Commission on May 2, 1995. Public testimony was received from the applicant's
representative. The Commission found that the applicant, as well as the other three
Adopted: Ager413 Item:
applicants, had failed to complete or satisfy the applicable provisions of the Funding and
Acquisition Agreement in a timely manner. In addition, the Commission was informed that
the applicant had also attacked the agreement through the filing of a lawsuit against the
City.
Resolution P92-16, previously adopted by the Planning Commission, reserved the right to
void the one-year extensions granted on March 3, 1992, in the event any of the developers
attacked the Funding and Acquisition Agreement. Based upon the above, the Commission
voted to exercise this right, thereby voiding the previous one-year time extensions granted
to this and the other VTTM's. Vista Terrace Properties, Ltd. was the only developer who
appealed this decision of the Commission.
RECOMMENDATION
The Planning Commission recommends that the City Council:
Adopt Resolution No. 95-77, upholding the Planning Commission's decision to void
one-year time extensions granted to Vesting Tentative Tract Map No. 45022.
Planning Commission Resolutions P92-16 and P95-08
Planning Commission Minutes and Staff Report
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CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
REGARDING AN APPEAL OF THE PLANNING COMMISSION'S ADOPTION OF
A RESOLUTION VOIDING ONE-YEAR TIME EXTENSIONS GRANTED TO
VESTING TENTATIVE TRACT MAP NOS. 450221 48893, 43145, AND 48892.
THE PROJECT LOCATION IS SOUTH OF FRIENDLY VALLEY PARKWAY,
BETWEEN SIERRA HIGHWAY AND GREEN MOUNTAIN DRIVE IN THE CITY
OF SANTA CLARITA, CA. THE APPELLANT IS VISTA TERRACE
PROPERTIES, LTD.
PUBLIC NOTICE IS HEREBY GIVEN:
Regarding an appeal of the Planning Commission's adoption of a resolution voiding
one-year time extensions granted to Vesting Tentative Tract Map Nos. 45022, 48893,
43145, and 48892. The project location is south of Friendly Valley Parkway, between
Sierra Highway and Green Mountain Drive in the City of Santa Clarita. The
Appellant is Vista Terrace Properties, Ltd.
The public hearing will be held by the City Council in the City Hall Council Chambers,
23920 Valencia Boulevard, 1st Floor, Santa Clarita, the 27th day of June, 1995, 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 Boulevard, 3rd Floor, Santa
Clarita, California.
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.
Dated: June 5, 1995
Donna M. Grindey, CMC
City Clerk
Publish Dated: June 7, 1995
wo es.phvista.gmd
RESOLUTION 95-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA DENYING VISTA TERRACE'S APPEAL
OF THE PLANNING COMMISSION'S VOIDING OF THE ONE
YEAR EXTENSION GRANTED TO VESTING TENTATIVE TRACT
MAP NO. 45022 PURSUANT TO RESOLUTION NO. P92-16
WHEREAS, the Planning Commission of the City of Santa Clarita duly adopted on
April 7, 1992, Resolution No. P92-16, entitled "A Resolution of the Planning Commission of
the City of Santa Clarita Amending Resolution Nos. P90-06 (VTTM 45022), P90-18 (VTTM
43145), P90-25 (VTTM 48893) and P90-33 (TTM 45892) To Modify Certain Conditions
Relating to the Construction of Golden Valley Road, To Allow A One -Year Time Extension
For Each Map, and Amending P90-33 To Designate Tentative Tract Map 48892 as Vesting";
WHEREAS, Vista Terrace Properties, Ltd. ("Vista"), Showcase Homes Inc., Watt -
Parker, Inc. and H & & Enterprises were granted one-year extensions on their VTTM Nos.
45022, 43145, 48893 and 48892, respectively, by the Planning Commission pursuant to
Resolution No. P92-16;
WHEREAS, Resolution No. P92-16 stated if one of the recipients of the extensions
collaterally attacked a Funding and Acquisition Agreement, or if a Funding and Acquisition
Agreement was otherwise invalidated by any of said recipients (except by its express terms
relating to its effectiveness), the one-year time extensions would be deemed voidable by the
Planning Commission; and
WHEREAS, pursuant to Resolution No. P95-08, the Planning Commission, on May 2,
1995, voided the one-year time extensions granted to VTTM Nos. 45011, 43145, 48893, and
48892.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby make the following findings of fact:
A. Vista Terrace Properties, Ltd.. has collaterally attacked that certain Funding
and Acquisition Agreement dated April 8, 1992, which was referenced in
Resolution No. P92-16, by filing a cross -action in the Los Angeles County
Superior Court entitled "City of Santa Clarita vs. Vista Terrace Properties,
Ltd., et al.," (Case No. BC 090223) in or about December 1993.
SECTION 2. Based upon the foregoing facts and findings, the City Council hereby
determines that the one-year extensions previously granted for Vista Terrace Properties,
Ltd.'s Vesting Tentative Tract Map No, 45022 were properly voided by the Planning
Commission and, therefore, Vista's appeal is denied.
RESOLUTION 95-77
June 27, 1995 - Page 2
PASSED, APPROVED AND ADOPTED this day of
19
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA j
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA
I, Donna M. Grindey, City Clerk of the
that the foregoing Resolution was duly adopted by
Clarita at a regular meeting thereof, held on the
19_ by the following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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council\res95-77.gea
City of Santa Clarita, do hereby certify
the City Council of the City of Santa
day of ,
CITY CLERK
VICINITY MAP
GOLDEN VALLEY
0
RESOLUTION NO. P95-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA
CLARITA VOIDING ONE YEAR EXTENSIONS GRANTED TO VESTING TENTATIVE
TRACT MAP NOS. 45022, 43145, 48892 AND 48893, PURSUANT TO RESOLUTION NO.
P92-16
WHEREAS, the Planning Commission of the City of Santa Clarita duly adopted on
April 7th, 1992, Resolution No. P92-16, entitled: A Resolution of the Planning Commission
of the City of Santa Clarita Amending Resolution Nos. P90-06 (VTTM 45022), P90.18 (VTTM
43145), P90-25 (VTTM 48893) and P90-33 (TTM 48892) To Modify Certain Conditions
Relating to the Construction of Golden Valley Road, to Allow a One -Year Time Extension for
Each Map, and Amending P90-33 to Designate Tentative Tract Map 48892 as "Vesting";
WHEREAS, Vista Terrace Properties, Ltd., Showcase Home Inc.; Watt -Parker, Inc.,.
and & H Enterprises ("Applicants') were granted one-year time extensions on their Vesting
Tentative Tract Maps, Nos.: 45022, 48893, 43145 and 48892, respectively, by the Planning
Commission pursuant to Resolution No. P92-16;
WHEREAS, Resolution No. P92-16 stated if one of the recipients of the extensions
collaterally attacked aFunding and Acquisition Agreement, or if a Funding and Acquisition
Agreement was otherwise invalidated by any of said recipients (ex--ept by its express terms
relating to its effectiveness), the one-year time extensions would be deemed voidable by the
Planning Commission;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA
CLARITA DOES HEREBY RESOLVE, DECLARE, FIND, AND DETERMINE AS FOLLOWS;
SECTION 1. The Planning Commission does hereby make the following findings of
fact:
A. Vista Terrace Properties, Ltd., has collaterally attacked that certain Funding and
Acquisition Agreement dated April 8, 1992, which was referenced in Resolution No. P92-16,
by filing a cross -action in the Los Angeles County Superior court entitled "City of Santa
Clarita v. Vista Terrace Properties, Ltd., et al." (Case No. BC 090223) in or about December
1993.
SECTION 2. Based upon the foregoing facts and findings the Planning Commission
hereby determines that the one-year extensions previously granted for Vista Terrace
Properties, Ltd.,'s Vesting Tentative Tract Map. No. 45022, Showcase Home Inc.'s Vesting
Tentative Tract Map No. 48893, Watt -Parker, Inc.,'s Vesting Tentative Tract Map No. 43145
and H & H Enterprises Vesting Tentative Tract Map No. 48992 are hereby voided.
PASSED, APPROVED AND ADOPTED this 2 n H day of
May 19 95.
�-des-v P MODUGNO, CHAIRMAN
P NINE COMMISSION
ATTEST:
LYNN M. HARRIS
SECRETARY, PLANNING COMMISSION
STATE OF CALIFORNIA i
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 foregoing Resolution was duly adopted by the Planning Commission of the City of
Santa Clarita at a regular meeting thereof, held on the 2nd day of
may , 19_25 by the following vote of the Planning Commission:.
AYES: COMMISSIONERS: Townsley, Brathwaite, Cherrington and Doughman
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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None
Modugno - �^
`CITY CLER
RESOLUTION NO. P92-16
—A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA CLARITA AMENDING RESOLUTION NOS.
P90-06 (VTTM 45022), P90-18 (VTTM 43145), P90-25
(VTTM 48893) AND P90-33 (TTM 48892) TO MODIFY
CERTAIN CONDITIONS RELATING TO THE CONSTRUCTION OF
GOLDEN VALLEY ROAD, TO ALLOY A ONE-YEAR TIME
EXTENSION FOR EACH MAP, AND AMENDING P90-33 TO
DESIGNATE TENTATIVE TRACT MAP 48892 AS 'VESTING'
THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission does hereby make the following
findings of fact:
a. On December 10, 1991, the City Council of the City of Santa
Clarita (the "City Council") adopted Resolution No. 91-215,
referring modifications of Vesting Tentative Tract Map ("VTTM")
45022, Vesting Tentative Tract Map 48893, Vesting Tentative
Tract Map 43145 and Tentative Tract Map ("TTM") 48892 to the
Planning Commission for consideration.
b. The Project proponents on VTTM 45022, VTTM 48893, VTTM 43145 and
TTM 48892 (the "Applicants") have applied for certain amendments
and extensions to the resolutions of approval and maps.
C. The Applicants have requested a three year time extension be
granted for each map prior to recordation.
d. The Applicants for TTM 48892 have requested that the map be
designated as "Vesting."
e. Condition Nos. 78 on VTTM 45022, 54 on VTTM 48893, 24 on VTTM
43145 and 80 on TTM 48892 each currently reads as follows:
'Developer shall initiate and/or participate in
the establishment of a funding mechanism and
associated agreements whereby the City is assured
of mitigation measures as follows:
a. Improve Golden Valley Road to a minimum of
four through traffic lanes, two in each
direction, between Sierra Highway and the
Antelope Valley Freeway.
b. Install a traffic signal system at the
intersection of Sierra Highway and Golden Valley
Road.
/0 -
RESO P92-16
Page 2
C. The aforementioned mitigation measures shall
be in place and operational not more than one
year subsequent to occupancy of the development
or within three years of City Council approval of
the final map whichever occurs fist."
f. On March 3, 1992, the Planning Commission conducted a duly
noticed public hearing on the applications for extension and
amendment, and following consideration of all oral and written
testimony approved an amendment to TTM 48892 to add the vesting
designation and conceptually approved, subject to receipt by the
City of four executed Funding and Acquisition Agreements in
forms satisfactory to the City Council, (1) a one year extension
for each map and (2) the requested modifications to Conditions
78, 54, 24 and 80.
g. The Developers have submitted to the City Funding and
Acquisition Agreements which have been approved by the City
Council on April 2, 1992, and are attached hereto as Exhibit A.
SECTION 2. Based upon the testimony and other evidence received at
the public hearing, and upon the study and investigation made by the Planning
Commission and on its behalf, the Commission further finds as follows:
a. The proposed amendments and extensions will not adversely affect
the health, peace, comfort, or welfare of persons residing or
working in the surrounding area; nor be materially detrimental
to the use, enjoyment or valuation of property or other persons
located in the vicinity of the subject property; nor jeopardize,
endanger or otherwise constitute a menace to the public health,
safety or general welfare.
b. The proposed amendments and extensions will not cause
substantial environmental damage to fish or wildlife.
C. The proposed amendments will not have a significant effect on
the environment.
SECTION 3. Based upon the foregoing facts and findings, this
Planning Commission hereby determines as follows:
a. The proposed amendments and extensions will not have a
significant effect upon the environment pursuant to the
California Environmental Quality Act.
b. The proposed amendments and extensions are compatible with
existing development in the area and consistent with the City's
General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Santa Clarita, California, as follows:
a. The amendment of Tentative Tract Map 48892 to a "Vesting"
designation is hereby confirmed.
Pl
RESO P92-16
Page 3
b. Vesting Tentative Tract Map 45022, Vesting Tentative Tract Map
48893, Vesting Tentative Tract Map 43145 and Tentative Tract Map
48892 are hereby granted a one year extension of time.
Notwithstanding the above, if any Funding and Acquisition
Agreement is collaterally attacked or otherwise invalidated by
any of the Applicants (except by its express terms relating to
its effectiveness), the extensions may be deemed voidable by the
Planning Commission.
C. Condition Nos. 78 of Resolution P90-06 approving VTTM 45022, 54
of Resolution P90-33 approving VTTM 48893, 24 of Resolution
P90-18 approving VTTM 43145 and 80 of Resolution P90-33
approving TTM 48892 are hereby modified to read as follows:
"The developer shall enter into a funding and
acquisition agreement with the City whereby the
City will establish an assessment district (the
"District") which includes the property proposed
for subdivision for the purpose of financing the
following improvements (the "Project"):
a. Improve Golden Valley Road to full major
highways standards, including, but not limited
to, landscaping, pedestrian and bikeway paths all
in accordance with the rendering submitted to and
approved by the Planning Commission, between
Sierra Highway and the Antelope Valley Freeway.
b. Install a traffic signal system at the
intersection of Sierra Highway and Golden Valley
Road.
The developer's map shall not record until the
bonds for Phase I of the Project have been sold
or construction of Phase I of the Project has
been completed. Phase I of the Project includes
the construction of Golden Valley Road and the
trail from the Antelope Valley Freeway to Sierra
Highway in accordance with the plans originally
submitted to the Planning Commission, except,
that with respect to that portion of Golden
Valley Road which lies within the boundaries of
the Hunt/Heeber property, Phase I construction
shall be limited to (i) four lanes, two in each
direction, without medians, curbs, gutters,
permanent landscaping or street furniture and
(ii) the installation of certain slope
landscaping on the south side of Golden Valley
Road. Phase I of the Project may also include
temporary landscaping on the north side of Golden
Valley Road within the boundaries of the
Hunt/Heeber property as shall be set forth in the
above -referenced funding and acquisition
agreement."
RESO P92-16
Page 4
Notwithstanding the above, if any Funding and
Acquisition Agreement is collaterally attacked or
otherwise invalidated by any of the Applicants
(except by it express terms relating to its
effectiveness), the modifications may be deemed
voidable by the Planning Commission,
d. No other provision of Resolution Nos. P90-06 (VTTM 45022),
P90-18 (VTTM 43145), P90-25 (VTTM 48893) or P90-33 (TTM 48892,
now VTTM 48892) are amended, repealed or modified except as set
forth in Sections A. B and C herein.
PASSED, APPROVED AND ADOPTED this
ATTEST:
,'����Z 1.
M. Barris, Director
Deputy City Manager
Community Development
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF SANTA CLARITA )
7th day/of April, 1992.
Jerry D. Cherrington, Chairman
Planning Commission
I, Donna M. Grindey, DO HEREBY CERTIFY that the foregoing Resolution
was duly adapted by the Planning Commission of the City of Santa Clarita at a
regular meeting thereof, held on the 7th day of April, 1992, by the following
vote of the Planning Commission:
AYES: COMMISSIONERS: Chairman Cherrington, Vice -Chairman Woodrow, Commissioners
Brathwaite, Modugno and Doughman.
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
v
Donna M. Grindey
I "'5City Clerk
GEA:514
MINUTES OF
THE PLANNING COMMISSION
OF THE CITY OF SANTA CLARITA
Tuesday
May 2, 1995
7:00 P. M.
lulffl a�lz
ITEM 2 VESTING TENTATIVE TRACT MAP NUMBERS 45022, 48893,
43145 AND 48892
Rich Henderson introduced the item. He stated there would not be a formal presentation of
the matter.
The Public Hearing was opened at 7:07 p.m.
Natalie Ziontz, 9401 Wilshire Blvd., 9th Floor, Beverly Hills, CA. Ms. Ziontz represented the
applicant, Vista Terrace Properties. Limited. She said the issue that this action addresses
is presently before the court in a lawsuit. The lawsuit was initiated by the City, not the
applicant. Ms. Ziontz stated a cross-complaint was filed against the City after mediation was
not successful in resolving the matter. The mediation did not resolve the lawsuit because the
City planners said it was politically unfeasible to act in a reasonable manner. She said the
lawsuit was filed more than a year ago and she found it interesting that the action is being
taken now, so much later than when the actual lawsuit was filed. She feels this action
appears to be vindictive and mean and serves no useful purpose.
Henry J. Heeber, III, 21803 Devonshire, Chatsworth. He is one of the applicants. Mr.
Heeber felt both parties had been diligent. He does not see how both parties got into a legal
hassle. He felt some sort of communication needed to be opened up to stop the fighting and
arguing and he hoped something could be worked out.
Robert R. Sims, 127 Cottonwood Circle, Rolling Hills Estates. Mr. Sims also represented
Vista Terrace. Mr. Sims stated the applicants had tried to get a settlement on this project.
There were several meetings between the parties. He would like to reopen this matter and
go back to negotiating to see if this matter can be settled between the City and the
developers. He said perhaps the lawyers could be left out.
Jack Ancona, 29552 Abe&a, Canyon Country. A map was presented to the Commission from
Mr. Ancona. He said it was not directly related to the project but related that it included
a segment of Golden Valley. He stated that developers were gamblers and cities that give
permits to developers were gamblers. He agrees with the City's recommendation.
The Public Hearing was closed at 7:18 p.m.
A motion was made by Commissioner Cherrington to adopt Resolution P95-08, voiding the
previous one year time extension granted to Vesting Tentative Tract Map Numbers 45022,
48893, 43145 and 48892. Said motion was seconded by Commissioner Brathwaite and carried
by a vote of 4-0.
CITY OF SANTA CLARITA
STAFF REPORT
VOIDING PRIOR ONE-YEAR TIME EXTENSIONS GRANTED TO
VESTING TENTATIVE TRACT MAP 45022, VESTING TENTATIVE
TRACT MAP 48893,VESTING TENTATIVE TRACT MAP 43145,
AND VESTING TENTATIVE TRACT MAP 48892
DATE: May 2, 1995
TO; Chairman Modugno and Members of the Planning Commission
cul)
FROM: Lynn M. Harris, Deputy City Manager, Commurfit-�� y�opment
CASE PLANNER: Glenn Adamick, Assistant Planner II
APPLICANTS: (Vesting Tentative Tract Map 45022, G.H. Palmer and Associates),
(Vesting Tentative Tract Map 48893, Showcase Homes), (Vesting
Tentative Tract Map 43145, Watt -Parker), (Vesting Tentative Tract
Map 48892, Hunt- Heeber)
LOCATION: In the general area of future Golden Valley Road, between Sierra
Highway and Green Mountain Drive
REQUEST: Staff is requesting that the Planning Commission adopt a resolution
voiding the previous one-year time extension granted to the
referenced maps.
BACKGROUND
The four referenced projects were approved by the Planning Commission between March and
August of 1990. The number of units and acreage of each project areas follows:
1) VTTM 45022 103 units on 24.5 acres.
2) VTTM 48893 - 163 units on 82.2 acres.
3) VTTM 43145 - 82 units on 6.3 acres.
4) VTTM 48892 - 108 units on 38 acres.
On April 7, 1992, pursuant to Resolution No. 92-16, the Planning Commission granted each
project a one-year time extension. At that time the City was using the County Zoning Code
which provided for only one, one year time extension. The Commission also designated Tract
48892 as "Vesting", and amended certain conditions of approval for each project related to
the construction and extension of Golden Valley Road from Sierra Highway to State Route
14.
Following the approval issued by the Planning Commission, the City Council approved a
funding and acquisition agreement with the four developers and subsequently established the
assessment district.
IL
Agenda Item: o
On June 1, 1993, the Planning Commission adopted Resolution P93-11, extending the
expiration date of each map and associated entitlements to June 1, 1994.
ANALYSIS
Staff is of the opinion that the applicants have failed to complete or satisfy the applicable
provisions of the Funding and Acquisition Agreement in a timely manner. In fact, one of the
applicants has also attacked the agreement through the filing of a lawsuit against the City.
The Commission, pursuant to Resolution No. P92-16, reserved the right to void the one-year
extension granted on March 3, 1992, in the event any of the developers attacked their
Funding and Acquisition Agreement.
Staff is requesting that the Commission void this one-year extension of the maps and
associated entitlements. Voiding this extension granted to each map should void any later
extensions granted to the applicant. This action should also result in the retroactive
expiration of each map and the associated entitlements.
Resolution P95-08 has been prepared for the Commission's consideration. Adoption of this
resolution would void the previous one-year time extension granted to the maps.
RECOMMENDATION
Staff recommends that the Planning Commission:
Adopt Resolution P95-08, voiding the previous one-year time extension granted to the
VTTM 45022, VTTM 48893, VTTM 43145, and VTTM 48892..
GEA:
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