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HomeMy WebLinkAbout1996-04-16 - RESOLUTIONS - MC 96-010 APPROVED (2)RESOLUTION NO. 96-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING MASTER CASE 96-010 (INITIAL STUDY 96-002 AND REVISED OAK TREE PERMIT 95.034) TO ALLOW FOR THE CONSTRUCTION OF A PRIVATE BRIDGE OVER SAND CANYON WASH, ENCROACHMENT WITHIN THE PROTECTED ZONE OF 16 OAK TREES WITH A PAVED PRIVATE ROAD, AND TRIMMING OF ONE OAK TREE FOR THE PROPERTY LOCATED AT 27367 SAND CANYON ROAD 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 November 8, 1995, the Planning Commission of the City of Santa Clarita adopted Resolution No. P95-24, approving Oak Tree Permit 95-034 to allow for the encroachment within the protected zone of 11 oak trees with a paved, private driveway/road serving the two residences.at 27367 and 27431 Sand Canyon Road. b. Master Case No. 96-010 proposes the construction of a 26' wide private bridge -�- over Sand Canyon wash and a revision to Oak Tree Permit 95-034 to allow for the encroachment within the protected zone of 16 oak trees with a paved private road and trimming of one of the oak trees to meet minimum clearance requirements. C. The City's Oak Tree Ordinance requires the submittal and approval of an oak tree permit for encroachment within the protected zone of any oak tree or trimming of an oak tree. d. The protected zone of an oak tree is defined as the area covered by the tree canopy plus five feet. e. The Community Development Department required the submittal of an environmental assessment for the proposed private bridge. The project was reviewed by the City pursuant to the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration has been prepared for the construction of a private bridge pursuant to the requirements of the California Environmental Quality Act. f The bridge and access would provide legal, vehicular, all-weather access to properties located within Tract 34464, 50173 and 50449. All three of these developments are located within unincorporated Los Angeles County. The bridge and private road would provide all-weather access to residents west of Sand Canyon wash when the wash is impassable. Page 2 g. A hearing was held by the Planning Commission on March 5, 1996, at 7:00 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this meeting, the Planning Commission with a vote of 3-2 denied the request for the construction of a private bridge over Sand Canyon wash, encroachment within the protected zone of 16 oak trees with a paved private road, and trimming of one oak tree to meet minimum clearance requirements for the property located at 27367 Sand Canyon Road. h. The Planning Commission's denial was subsequently appealed on March 7, 1996 by Ms. Sharon Kenneally and Mr. Bill Frederick. A hearing was held by the City Council on March 26, 1996, at 6:30 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this meeting, the City Council approved Master Case 96-010 by a vote of 5-0, directing staff to prepare a resolution of approval for the Council's consideration. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the City Council and on its behalf, the City Council further finds as follows: a. At the hearing conducted on the project, the City Council considered the staff report prepared for the project and received testimony on the proposal. b. An oak tree permit is required for trimming of an oak tree and any encroachment within the protected zone of an oak tree. C. The application requests paving of an existing private driveway within the protected zone of 16 oak trees and the trimming of live wood of one oak tree to meet minimum clearance requirements. The City's Oak Tree Consultant has reviewed the revised request and determined that it is reasonable and in conformance with the City's Oak Tree Ordinance. The trimming associated with this request is minor and is not expected to negatively impact the subject tree. Any impacts to the oak trees due to the encroachment would be related to compaction caused by the pavement and vehicles using the road. The City's Oak Tree Consultant has analyzed this issue and believes that any impacts related to compaction would be minimal, and would therefore not be expected to affect the health of the oak trees. d. The City's Traffic Engineering Section has reviewed the request and determined that the intersection of the proposed private road and Sand Canyon Road would meet line of sight requirements with a condition requiring the applicant to relocate the existing power pole located adjacent to this intersection to the satisfaction of the City's Traffic Engineer. Page 3 e. If the existing crossings on Sand Canyon wash become impassable due to a storm, this access would be available to residents west of Sand Canyon wash. It is anticipated that residents from approximately 100 homes may use this access during times when existing crossings are impassable. During other times, a majority of these residents would use other closer, existing crossings. The private bridge and road would provide all-weather access to Sheriff and Fire Personnel to properties west of Sand Canyon wash. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: a. The applicant has substantiated one or more of the findings for the granting of an'oak tree permit to allow for encroachment within the protected zone of 16 oak trees and trimming of one tree. b. The construction of the private bridge and road will comply with all of the provisions of the Unified Development Code and the General Plan. C. Pursuant to Government Code Section 65907 and Code of Civil Procedure Section 1094.6, any action or proceeding to attach, review, set aside, void or annul this decision, or concerning any of the proceedings, acts, or determination taken, done or made prior to such decision or to determine the reasonableness, legality or validity of any condition attached to this decision shall not be maintained by any person unless the action or proceeding is commenced within 90 days of the date of this resolution and the City Council is served within 120 days of the date of this resolution. The City Clerk shall send a certified copy of this resolution to the applicant, and if any, the appellant at the address of said person set forth in the record of the proceedings and such mailing shall constitute the notice required by Code of Civil Procedure Section 1094.6. SECTION 4. The City Council hereby adopts the mitigated negative declaration prepared for the project with the finding that the project will not have a significant effect upon the environment and approves Master Case 96-010 (Initial Study 96-002 and Revised Oak Tree Permit 95-034) subject to the following conditions: 1. Unless otherwise apparent from the context, the term "applicant" shall include the applicant and any other persons, corporation, or other entity making use of this grant. The applicant shall defend (with attorneys at the City's choice), indemnify, and hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attach, set aside, void, or annul the approval of the permit by the City, which action is provided for in Government Code Section 66499.37. In the event the City becomes aware of any such claim, action, or proceeding, the City shall promptly notify the applicant, or if the Page 4 City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City. Nothing contained in this condition prohibits the City from participating in the defense of any claim, action, or proceeding, if both the following occur: 1) the City bears its own attorneys' fees and costs; and 2) the City defends the action in good faith. The applicant shall not be required to pay or perform any settlement unless the entitlement is approved by the applicant. 2. Approval is granted to encroach within the protected zone of 16 oak trees as shown on the revised oak tree/road plan. Approval to trim live wood from Tree No. 16 to meet minimum clearance requirements is permitted. All paving within the protected zone of any oak tree is to be placed at existing grade. 3. Approval is granted to construct a 26' wide private bridge over Sand Canyon wash on the subject site. This bridge shall be constructed in the location shown on the approved plan. 4. The applicant shall be required to relocate the existing power pole at the intersection of the private drive and Sand Canyon Road to the satisfaction of the City's Traffic Engineer. 5. Prior to any work on-site, the applicant shall submit a fencing plan for review and approval by the City's Oak Tree Consultant. All required fencing shall be in place prior to and throughout the paving of the driveway. 6. The applicant's oak tree consultant shall be on-site during all work done within the protected zone of the oak trees. The applicant's oak tree consultant shall certify all worked performed within the protected zone of any oak tree. 7. All other applicable provisions of Section 17.17.090 of the Unified Development Code (City of Santa Clarita Oak Tree Protection and Preservation Ordinance) shall apply. 8. All pavement shall be a minimum of five feet from an oak tree trunk. 9. The private bridge and paved road shall be made available to all residents during times when other existing crossings on Sand Canyon wash are impassable. 10. Gating of this access on the subject site shall be prohibited. 11. The applicant shall provide an offer of dedication, 52' from centerline, along the project site's frontage on Sand Canyon Road. 12. The applicant shall comply with all Los Angeles County requirements related to this private bridge and road. This shall include all conditions of approval T Page 5 on Tracts 34464, 50173, and 50449 related to project access requirements. 13. The private bridge shall comply with the requirements of the Federal Emergency Management Agency, Army Corps of Engineers, City's Building and Engineering Department, and the Los Angeles County Flood Control District. 14. The private bridge and, road shall be maintained in satisfactory condition. Eleven feet of clearance between the wash and the bottom of the bridge shall be maintained to the satisfaction of the Director of Community Development. 15. The applicant shall either remove the unpermitted stream stabilizer located north of the proposed bridge or obtain a permit for the structure. This action shall be completed to the satisfaction of the City Engineer. 16. The applicant must sign a notarized affidavit to confirm acceptance of the above conditions. Page 6 PASSED, APPROVED AND ADOPTED this 16th day of April, 1996. ATTEST: ITY 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 foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 16th day of April 19 96 by the following vote of Council: AYES: COUNCILMEMBERS: Heidt, Darcy, Klajic, Smyth, Boyer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None TY CLERK GEA:lep Counci1\res9635.gea