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HomeMy WebLinkAbout1998-02-24 - AGENDA REPORTS - APPEAL WHITES CYN MC 97 146 (2)AGENDA REPORT City Manager Approv< Item to be presented PUBLIC HEARING DATE: February 24, 1998 SUBJECT: APPEAL OF A PLANNING COMMISSION DENIAL OF MASTER CASE 97-146 (REVISED DEVELOPMENT AGREEMENT FOR 46626), TO ALLOW FOR MODIFICATIONS TO AN APPROVED DEVELOPMENT AGREEMENT LOCATED AT THE NORTHERN TERMINUS OF FOXLANE DRIVE AND BAKERTON AVENUE IN THE CANYON COUNTRY COMMUNITY. THE APPELLANT IS THE WHITES CANYON ASSOCIATES LTD. AND CANYON VIEW PARTNERS DEPARTMENT: Planning and Building Services RECOMMENDED ACTION City Council open the public hearing, receive testimony and adopt Resolution 98-3$ upholding the Planning Commission's denial of the project. On May 22, 1990, the City Council adopted Ordinance 90-08 which approved Vesting Tentative Tract Map 46626. This allowed for the construction of 201 single family homes on 80 acres in the RL (Residential Low) zone. On October 22, 1991, the City Council adopted Ordinance 91-40 which granted a 10 year development agreement for VTTM 46626. In exchange for allowing the extended expiration date of the map, the applicant agreed to provide additional public benefits including: the dedication of a 28 acre parksite and a seven acre library site within two months of the approval of the development agreement (this has occurred); payment of fees towards the grading of the park/library site; increased Bridge and Thoroughfare fees and a fee towards the construction of bike lanes in the City. In August of 1997, the applicant submitted a request to modify two sections of the approved development agreement. The first section is to remove the required payment of fees that were identified for partial grading of the joint park/library site northerly of Canyon High School. Staff estimates that fee is currently at $600,600 if the building permits are issued this year. The second section relates to the removal of a condition that required fees be paid towards the construction of bike lanes throughout the City. These fees are currently estimated to be Adopted: 2 -- —gZ Acrencla Itea6't If $240,341. In lieu of providing these funds (which total $840,941) for the identified uses, the applicant is requesting that these funds be used in conjunction with funds from Tract Map 47863, to fund landscape improvements along Whites Canyon Road from Steinway Street to Soledad Canyon Road. The improvements would include creating uniform sidewalk widths, installing landscaping and irrigation adjacent to the sidewalks and placing six foot tall concrete panels or concrete split rail fence along the right of way. In addition, if all the funds are not expended, the applicant is proposing to construct landscaped median improvements along Whites Canyon Road beginning at Soledad Canyon Road moving northward. The applicant feels that the remaining funds will only construct about half the distance to Steinway Street. On January 6, 1998, after two previous hearings on the project, the Planning Commission adopted Resolution P98-02, denying the applicant's request. In denying the applicant's proposal the Planning Commission found that the loss of the funds for the park/library site and bike lanes out weighed any community gain from the median improvements. In addition, the Planning Commission agreed with the William S. Hart High School District in saying that redirecting funds away from the partial development of the library site may be sending a wrong message to the community, especially since these uses are oriented towards the City's youth. The applicant submitted a request to modify the proposal that the Planning Commission reviewed. This request includes that only the fees identified for bike lanes be used to remove a portion of the existing private walls and replace them with concrete panel walls in limited areas along Whites Canyon Road between Soledad Canyon Road and the project entrance. No other improvements are proposed. Attached to this report is a transmittal submitted by the residents in the area. The transmittal highlights their concerns regarding the project. FISCAL IMPACT The fiscal impacts associated with this project would be the cost to maintain the new medians. Staff anticipates the cost of the yearly maintenance of these medians to be approximately $30,000. ALTERNATIVE ACTIONS Staff has prepared a list of alternative actions the City Council could take at this evening's meeting: 1. Uphold the Planning Commission's denial of the project leaving the identified funding for the park/library site and bike lanes in place. 2. Accept the applicant's original proposal which directs the funds identified for the grading of the park/library site and for construction of bike lanes and redirects the funds towards landscaping, walls, irrigation and partial median improvements along Whites Canyon Road. 3. Accept the applicant's modified proposal which uses only the bike lanes funding towards limited improvements on Whites Canyon Road. 4. Any other alternative the City Council desires. ATTACHMENTS Planning Commission Resolution No. P98-02 November 4, 1997, Planning Commission Staff Report December 2, 1997, Planning Commission Staff Report January 6, 1998, Planning Commission Staff Report Minutes from Planning Commission Meetings Previous Staff Reports for VTTM 46626 (see City Clerk's reading file) Previous Staff Reports for Approved Development Agreement (see City Clerk's reading file) Approved Development Agreement for VTTM 46626 (see City Clerk's reading file) Initial Study and Mitigated Negative Declaration (see City Clerk's reading file) Correspondences Received by the Planning Commission for the Modifications (see City Clerk's reading file) sApbs\current\UWeston.flf CITY OF SANTA CLAR.ITA NOTICE OF PUBLIC HEARING REGARDING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY MASTER CASE NUMBERS 97-146 (REVISED DEVELOPMENT AGREEMENT FOR TRACT 46626), AND 97-147 (REVISED DEVELOPMENT AGREEMENT FOR TRACT 47863). THIS PROJECT IS LOCATED IN THE CANYON COUNTRY COMMUNITY OF THE CITY OF SANTA CLARITA. THE APPELLANT IS WHITE'S CANYON ASSOCIATES LTD, AND CANYON VIEW PARTNERS. PUBLIC NOTICE IS HEREBY GIVEN: Notice of Public Hearing regarding an appeal of the Planning Commission's decision to deny Master Case Numbers 97-146 (Revised Development Agreement for Tract No.46626), and 97- 147 (Revised Development Agreement for Tract No. 47863). This project is located in the Canyon Country Community of the City of Santa Clarita. The appellant is White's Canyon Associates LTD, and Canyon View Partners. The applicant currently has Vesting Tentative Tract Maps and Development Agreements which allow construction of 281 single family residential units on two separate project areas. The applicant is requesting to modify the approved Development Agreements to remove the requirements for cash payments towards the improvement of a park site and library site adjacent to Canyon High School and cash payments towards the development of bike trails. In exchange the applicant would construct landscaping improvements and some median improvements along White's Canyon Road of equal value to the waived cash payments. The landscaping improvements would include the planting of trees and shrubs adjacent to the sidewalk and in some of the medians, the construction of a six foot tall concrete panel wall along existing residences with Whites Canyon Road frontages, concrete split rail fences in some parkway areas and sidewalks with uniform widths. The zoning and general plan category for the site is RL (Residential Low). The location of the units to be developed is on the east side of Whites Canyon Road north of Nadel Street and south of Wildwind Road and northerly of the terminus of Foxlane Drive and Bakerton Avenue. The oak tree is located near the western terminus of Nearview Drive. The improvements are to occur along White's Canyon Road from Soledad Canyon Road to Steinway Street. This project is located in the Canyon Country community of the City of Santa Clarita. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 24th day of February, 1998, 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, California. 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: January 28, 1998 Sharon 1. Dawson, CMC City Clerk Publish Date: February 1, 1998 RESOLUTION. NO. 98-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DENYING MASTER CASE 97-146 (REVISED DEVELOPMENT AGREEMENT 91.003) TO ALLOW FOR THE MODIFICATION OF AN EXISTING DEVELOPMENT AGREEMENT FOR A PROPERTY LOCATED AT THE NORTHERLY TERMINUS OF FOXLANE DRIVE AND BAKERTON AVENUE IN THE CITY OF SANTA CLARITA. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. TheCityCouncil does hereby make the following findings of fact: a. On May 22, 1990, the City Council of the City of Santa Clarita adopted Ordinance 90-08, approving Prezone 89-002 and Vesting Tentative Tract Map 46626 to allow for the development of 80 acres with 201 single family homes. b. On October 22, 1991, the City Council adopted Ordinance 91-40 which approved a Development Agreement 91-003 approving an additional ten year period to record the approved map. In exchange for the increased time lines to record the. map, the applicant provided public benefits including the dedication of a 28 acre park/library site, increased Bridge and Thoroughfare fees, payment of funds towards the grading and development of the park/library site, and payment of fees towards the development of bike lanes in the community. C. On August 18, 1997, Whites Canyon Associates LTD. and Canyon View Partners (the applicant) submitted a request to modify the development agreement to allow funds that were identified for bike lanes and park construction to be used for median and landscape improvements. d. Duly noticed public hearings were held by the Planning Commission on November 4, 1997 and December 2, 1997, at 7:00 p.m, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. e. On January 6, 1998, the Planning Commission adopted resolution P98-02 which denied the applicant's request. f. On January 12, 1998, the applicant submitted an appeal to the City Clerk appealing the Planning Commission's denial of the project. g. A duly noticed public hearing was held by the City Council on February 24, 1998, at 6:30 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. 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 Page 2 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. The modifications to the approved development agreement requested by the applicant requires a public hearing. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: a. The request is not consistent with the following policies of the City's adopted General Plan: 1. Policy 1.14 of the Public Services, Facilities and Utilities Element of the City's General Plan encourages the evaluation of the existing and future library system in the planning area to ensure sufficient facility and book volumes per person ratios. The loss of funds. to partially develop the library site would be contrary to the goals identified in the City's General Plan. 2. Policy 1.1 of the Parks and Recreation Element of the City's General Plan encourages the provision of a combination of local park acreage, park facilities, and recreation programs to serve neighborhood needs. In addition, the General Plan identifies this area as part of a zone which lacks 700 acres of park land to serve the area. The loss of funds to partially develop the park site would be contrary to the goals identified in the City's General Plan. b. The request does not meet the required findings for a development agreement as established in the City's Unified Development Code and the City's previous zoning code (County of Los Angeles Title 22) to the satisfaction of the City Council including the following: 1. Section 17.03.010 of the of the Unified Development Code states "That construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights- of-way, drainage and flood control facilities, parks and recreational facilities, and sewers and sewer treatment facilities and road improvements are adequate to serve the development". 2. Section 22.16.330.B of the City's previous Zoning Code states "The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights- of-way, drainage and flood control facilities, parks and other recreational Page 3 facilities, and sewers and sewage treatment facilities". SECTION 4. The City Council hereby denies Master Case 97-146. PASSED, APPROVED AND ADOPTED this _ day of '19—. kvi § - ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon Dawson, CMC, 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 _ day of 19_ by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK current\ccres988211f February 9,1998 Ms. Sharon Dawson, City Clerk City of Santa Clarity 23920 Valencia Blvd, Santa Clarita, California 91355 CITY OF SANTA CLARITA. FEB I I q zi PH '98 R i70 E I42D CITY CLEi; %S oEiICE Re: Opposition to the Appeal of Planning Commission Recommendations on the Requested Modification to The Existing DevelopmentAgrcements with Canyon View Partners and Whites Associates, Ltd., Master Case 97-146 and 97-147. Dear Ms. Dawson: This letter and its attachments are being forwarded to you in Opposition to the Proposed Appeal to Reverse the Planning Commission's Recommendations not to Modify the Development Agreement of Canyon View Partners and Whites' Associates, Ltd. As you will note, the residents of this area strongly opposed the modifying of the Development Agreement. The portion of the Agreement which the developer seeks to modify was the main selling point approximately eight years ago when this project was first brought up. The developers used the gift of the 28 acres of land and approximately $1,500,000.00 which they would be paying in fees constantly and continuously throughout the initial hearings, stating that the aforementioned would be used to provide the residents with a park/library site. The developer insisted that these items were so desperately needed and would probably not occur without their generous monetary contribution and land contribution The Planning Commission and the City Council were so excited to be able to provide their residents with something that would be used by residents for years to come that the Development Agreement was approved with the City Council. Now, eight years later, the developer comes before you and is asking that you allow him to be released from that portion of his obligation The developer states that he is looking for an immediate amenity to provide the local residents. However, it is the feeling of this neighborhood that the developer is merely looking for an immediate amenity to help him sell his new homes. The cost to the local residents would be the loss of the park and library for an unknown time, a cost of $300,000 from the City to complete the project that is currently being proposed by the developers and approximately $30,000 per year from the City/Residents to maintain the proposed project before you known as the "Beautification of White's Canyon". The residents, as stated during hearings at the Planning Commission level, suggested that the initial $1,500,000 in funds be placed in an escrow account until such time as additional funds were found. Additionally, it was suggested that the $30,000 it would cost to maintain the "White's Canyon Beautification" be placed in the same escrow fund, thereby helping the residents reach their goal that much faster. The Planning Commission thought that this was a good idea provided it was within the City's power to do so. As you will see in the attached minutes, all of the Planning Commissioners felt that a promise had been made to the residents in 1990 and that a park and library were desperately needed and that the original Development Agreement should be kept. (seethe attached minutes) Residents present at the hearings willingly accepted and agreed to work on a committee with the appropriate staff member to do whatever work might be required to seek out additional funding, such as grants and private donations, and to move the proposed site up the priority ladder thereby making it a reality within the next five years. It should be noted that although this particular park site is not on the priority list at this time, it is one of the only sites where land and money are currently available and therefore, should be worked up through the priority February9,1998 Page Two system rather quickly. Although working with residents on a project of this nature has never taken place before, it was felt that it would be beneficial ground breaking work to include residents who were more than Willing to do whatever it took to accomplish the building of parklibrary, thereby freeing up the stats' members for other projects. The Commission felt that the City was built on the premise that the residents should be able to help aid in the accomplishment of tasks such as that before us and this might set a precedent for future projects. (See the attached minutes) The residents who agreed to be part of this Committee are excited and anxious to get started and are merely waiting for the final word to come from the City Council that the request for the modification is denied and fbr the appropriate stuff person to contact them so that they can begin work. The issue before you is not just a question of modifying a Development Agreement, but is an issue in which promises were made and on which initial decisions were based. It is hoped that you will take the Planning Commission's lead and deny the developers' Request to Modify the Development Agreement and order a staff member of the Parks and Recreation Department (or whatever department would be appropriate) to work with the residents by overseeing and pointing them in the right direction to begin the process of obtaining plans and funds for the completion of titin project within the next five years. Additionally, we would request that you require all funds relating to this project, collected and to be collected, be placed in an escrow account earmarked specifically for this project. Perhaps, given the trend setting nature of this matter, it might be a good idea if a member ofthe City Council were to act as the Chairperson and receive regular updates regarding the resident's progress. We sincerely hope that you will give this matter your utmost attention and take a chance on the residents, rather than the developer and let us show you what we are capable of doing when we all work together as a City. It is our belief that together we can accomplish the building of the parkAibrary site as originally promised within the next five years or sooner. We respectfully request that you deny the Developer's Request to Modify the Development Agreement. Sincerely, THE RESIDENTS OF OAK GROVE TRACT 27493 cc: Fred, City Planning Commission Staff City of Santa Clarita 23920 Valencia Blvd. Suite 300 Santa Clarita California 91355-2196 January 12, 1998 Phone (805) 259-2489 Fax (805)259-8125 Dear Chairperson Stigle and Members of the Parks and Recreation Commission: This letter is being written to the Parks and Recreation Commission on behalf of the Planning Commission. At a recent Planning Commission hearing, a developer requested modifications to two existing development agreements in the Canyon Country area. The applicant was requesting removal of conditions that required the payment of fees that would allow for partial grading of the park/library site adjacent to Canyon High School and for construction of bike lanes in the City. The applicant would instead construct partial median and landscape improvements along Whites Canyon Road from Soledad Canyon Road to Steinway Street. On January 6, 1998, the Planning Commission denied the applicant's request. During the hearings on this matter, a number of residents spoke in opposition to the proposed modifications. They were concerned with the possible loss of these ftmds for the partial grading of the site. In addition, more concerns were raised when it was found there were no funds earmarked for this facility in the next five years. They felt that this was sending a wrong message to the community. The Planning Commission directed staff to work with the residents in an effort to find additional funds for the library and park and to prepare this letter to transmit to the Parks and Recreation Commission highlighting the concerns brought forth during public testimony. Thank you for reviewing this letter. If the Planning Commission can be of any assistance, please feel.free to contact us. Sincerely, Darla Hoback Chairperson, Planning Commission FLFdep cc: City Council Planning Commission Jeffrey Lambert, Planning Manager Fred Follstad, Associate Planner Rick Putnam, Director of Parks, Recreation and Community Services `• Public`Speak&s-t Phxvo=\Itrpraflf PRINTED ON RECYCLED PAPER OPPOSITION TO REQUEST TO MODIFY DEVELOPMENT AGREEMENTS RELATING TO TRACTS 46626 AND 47863 Hearing Date: November 4, 1997 Time: 7:00 p.m. Location: City Council Chambers 23920 Valencia Blvd., First Floor Santa Clarita, CA 91355 Rather than overwhelming the City Council with numerous letters all attempting, in varying degrees, to make the same points, the undersigned residents of the Oak Grove Tract 27493, directly abutting Tracts 46626 and 47863, have agreed to submit one letter in opposition to the proposed amendments before you. We strongly oppose the requested modifications and it is our wish that this letter be included in the materials that the Planning Commission and City Council will review with regard to its decision to either deny or approve the proposed amendments. To release the developers, White's Canyon Associates, LTD and Canyon View Partners, from previous commitments to the City of Santa Clarita and to the residents would be a detriment to this community. The developers are requesting that they be released from their prior obligation to the City and to the residents of this tract to provide the City with cash payments to be used in the development of a park and library site adjacent to Canyon High School. The Community of Canyon Country is, by the developers' own admission, "seriously deficient in parks and recreation facilities for everyone's enjoyment." The developers used this land and the monetary donation to sell its residential housing tracts to the City of Santa Clarita and to its residents. The whole idea behind the monetary donation was so that the park would be constructed immediately and not years down the road. In reviewing several hours of previously held hearings it is quite obvious that this park site, the amenities it would provide and the cash payments were a major factor in the Planning Commission's, the City Council's and the local residents initial approval of this development. The City Council was so excited with the prospect of having this park and the immediate development of it, that a call went out from the City Council to form a Citizen's Advisory Committee to begin the initial planning and development of the park. To allow the developers to renege on what was such a crucial point in the approval of this residential project would be an error. In doing so the City of Santa Clarita would have this fantastic land site and absolutely no funds whatsoever to develop it within the next five to ten years and the residents would be left empty handed. By requiring the developers to satisfy their previously agreed to commitments, the City of Santa Clarita would be able to provide its residents with a much needed and long overdue park site in an area where parks are scarce. - In return for being relieved of its monetary obligation the developers offer up a poor substitute by stating that they would construct landscaping improvements from Soledad Canyon Road to Steinway. The only real contribution the developers would be making here would be from Soledad Canyon to Nadel. From Nadel on up to Steinway consists of the new housing development which already requires that certain landscaping needs be meet from the developers. The winners here would be the developers. Their substitution only will aid the in the appearance and the sales of their property. Additionally, throughout numerous conversations and meetings with the developers in the past, the local residents had already been promised lush landscaping and fully maintained and watered slopes to be maintained by a special maintenance district. So in essence, nothing new is being offered by the developers. They are only offering that which had already been promised. In recent years trees have been planted along the parkways of Whites Canyon from Soledad Canyon by the City of Santa Clarita and, residents have, on their own, been making improvements over the last several years. Construction of a "six foot tall concrete panel wall' from Soledad Canyon to Steinway would take away from the rural charm for which Canyon Country is noted for and one of its most desirable features. Additionally, because of its close proximity to a Junior High and High School, this wall would provide an ever increasing temptation for graffiti which would have to be continually removed, thereby giving Canyon Country an undesirable affect. If the developers desire to construct a panel wall to help sell their project to potential buyers, then so be it. However, to release them from their previous commitment to the community to create what will only become a nuisance with its maintenance would be a step backwards in progress. The residents are not willing to release the developers from their prior commitments. Lastly, if the landscaping improvements are of equal value to the cash payments, as stated by the developers, then what real difference would it make to keep with the plan at hand and as a result have a beautiful and much needed park for the local residents? As you can see by the information provided in' this letter, a park and possible library site are of much more importance at this time than anything else the developers might provide. It is for the reasons stated above that the local residents are in opposition to the proposed amendment. This is a very critical amendment that the developers are seeking and we urge you to consider all of the consequences when making your decision. We are confident that once you have weighed all the pros and cons you, too, will see that the residents will benefit far more from a park than any six foot concrete wall or minimal landscaping could provide. We hope that you will not strip us of the only benefit we actually stand to reap from these development projects and that you will unanimously vote to deny their request for amendment. Secondly, the, developers are requesting permission to remove one oak tree to correct a geological problem. The geological issues of these two housing projects encompass endless hours of research and testimony and should, perhaps, be reviewed prior to the hearing on this particular amendment. After the countless hours and extensive meetings with the Planning Commission and City Council the developers stated that the oak tree would be fully preserved. Original acceptance of the projects was based on the assurances that the oak tree would remain. Now, the developers, having already been denied once permission to remove the oak tree, are here before you a second time seeking permission to remove the same tree. The developers state that removal is required to correct a geological problem. It is a well known fact that there is an underground spring on the property in question and that lowering and monitoring of the water table has always been a major concern not only to the developers, but to the residents nearest the development as well. However, it is our feeling (and originally until this point, that of the developers) that removal of the oak tree in no way prevents these things from happening. There is plenty of room around the oak tree for the developers to place any irrigation system, above or below ground, necessary to correct any geological problems. Review of previous testimony will support this finding. It is our belief that the developers are seeking removal of the oak tree so that they can come before you again and request the addition of 1 or more houses once the tree has been removed as there will be a large area of land currently not cited for use because of the presence of the oak tree. This land area had been originally slated for a common area to be lavished with trees and landscaping incorporating the oak tree and to be maintained by the developers at no cost to the residents closest to the project. Not only would this have provided the residents abutting the development a means of maintaining some privacy in their yards, but it would have also provided a beautiful scenic area rather than the building of block or brick walls to maintain that same source of privacy. Additionally, the local residents were promised by the developers that they would play a part in the selection of the landscaping to be used in the creation of this common area. It would seem that the developers have forgotten about this as well. If the oak tree is removed and the developers are granted the addition of 1 or. more houses down the road, the residents closest to the location.of the oak tree in question will have absolutely no privacy whatsoever and will be, forced to put up block walls, etc., in order to provide themselves with some means of privacy. It should also be mentioned that an owl currently resides in the oak tree and has for quite some time. Removal of this oak tree may result in the loss of a home for this owl. As mentioned above, the developer has already sought removal of the oak tree once prior and was denied by the City. It is our hope that you will abide by your initial decision and once again deny the request to remove this oak tree. It is important to hold developers to their initial commitments and not allow them to make promises in order to obtain their initial permits and then come in down the road once the project has been begun to make changes which have a major impact on the residents surrounding these projects and on which commitments residents based their decision to support. the developers. It is respectfully requested that you, the voice of the people of the City of Santa Clarita, will make the right decision and deny the requests before you. Additionally, with the potential of El Nino we would like to remind both the City and the developers that there was a promise that there would be thousands of sand bags on hand in case of rain during the building process. We hope that this matter will not be overlooked and that these sandbags will be made available with the crews necessary to fill and stack them. In the past, even in the heaviest of rains, there have been no problems with earth migrating into the yards from the hills . However, at this time there is a lot of loose dirt over the area to be developed and if the El Nino weather pattern does in fact develop the potential for dirt to migrate into yards of residents and our streets exists. In the event this should occur please be advised that we intend to hold the developers and the City responsible. Sincerely, THE RESIDENTS OF OAK GROVE TRACT 27493 1 OPPOSITION TO ROUEST TO MODIFY DEVELOPMENT AGREEMENTS RELATING TO . TRACTS 46626 AND 47863 RECEIVED, Hearing Date December 2, 1997 NOV 2 0 1997 Time: 7:00 p.m. COMMUNITY DEVELOPMENT Location: City Council Chambers CITY of SANTA CIARITA 23920 Valencia Blvd, First Floor Santa Clarita, California 91355 The residents of the Oak Grove Tract 27493, directly abutting Tracts 46626 and 47863,.stand behind their original letter of opposition. A copy of that letter has been attached and is incorporated herein... Additionally, the residents would like to make the following suggestions and ask the following questions: 1. Could the $30,000 a year it would cost to maintain the fencing and medians which are strongly opposed be set aside to be added to the monies already in hand to build the much needed and promised library and park site. 2. If the council can take $300,000 to complete the median development, as suggested by the builder, than why can't the City Council take that same $300,000 to add to the building of h the park and library site. 3. Could the park be initially built and then funds sought from the Federal or State Government to be added to existing funds to complete the library portion of the site. 4. Perhaps, if the City Council follows the citizens' lead and denies the requests for modifications, a committee of interested residents, together with park and other officials, could be comprised just for the specific purposed of seeking outside governmental aid to complete either the park and/or the library. 5. Being that there are already funds set aside for these developments, and there is such a need in the community of Canyon Country, could the priority of building these two sites be moved up the ladder and placed at a higher priority. As was mentioned before at the previous meeting, the residents of Oak Grove and other residents of the Canyon Country area do not have a problem waiting for the park and library sites to be built. We implore you to follow the promises previously made to the residents and on which the initial development was granted and deny the requests before you: With regard to the fencing there are several fences, block and wooden, along White's Canyon which are taller than six feet. If the builder is only building a six foot fence and not removing the fencing which is already in place now, how is that fencing going to improve the appearances? Now, you will a block panel wall and then within inches or a foot of that an additional fencing. The gap between the fencing will become an accumulation of trash and other debris and who knows what. Additional there will be several areas where block or wooden fencing will stand above the block panel wall giving an unsightly appearance. Again, there is the fear of additional graffiti to the fencing as there will be more available to write on. With regard to the Oak Tree, by denying the request of the developer to remove the tree, you do not have to make one person thereby responsible for the tree as stated by the developer. If the developer is required to maintain the tree during his development and runs an irrigation system to the tree, then why can't the a � irrigation system remain in place thereby providing water to the tree long after the builder is gone. This would provide a simply solution to the problem at hand. Additionally, the builder stated that the oak tree would become part of a home's front lawn area. It is difficult to believe that someone would spend hundreds of thousands of dollars on a brand new house and then not maintain it. The builder mentions that he will replace the trees with more trees. However, as stated by the builder, these trees would be placed in a location near the entrance to his project. How convenient. Again, we implore you to deny the builder's request and rule that the oak tree should be allowed to remain. . Sincerely, THE RESIDENTS OF OAK GROVE TRACT 27493 I am a resident of property whose rear property line abuts White's Canyon and I oppose the building the aforementioned block panel wall, Numerous of us have spent thousands of dollars building block walls over the years and feel that we will have suffered an unnecessary expense if this panel wall is constructed. Additionally, there are some residents who have chosen not to place up any walls, but to use the chain link that -was placed there so that they might have views out of their yards. Also, there are residents that maintain a gate which opens onto White's Canyon for access to and from their rear yards. The building of this panel wall would no longer that access . �-%��•L .fytsyYld�at.reJ .A.t�(dQ.�n-f �il�<� Gz. ,L� wtz &'- irnz 713 4.102 A A. L7,4 /t,etL« t CL 6l -U eZ,. ez (✓yte r7 7 W44 A e f Utz.✓ <<r�.z< t A-').. �4 /Lj c ( 7',c,: -t e c, . Jv &-/Iw . ; 6-e: 7 e t-' Ga11►1j 0i:Y00UY:19 MEETING OF THE PLANNING COMMIS OF THE CITY OF SANTA CLARITA Tuesday November 4, 1997 7:00 P.M. CALL TO ORDER The meeting of the Planning Commission of the City of Santa Clarita was called to order by Chairperson Hoback at 7:08 p.m. in the Century Conference Room, at 23920 Valencia Boulevard, First Floor, Santa Clarita, California. FLAG SALUTE The Pledge of Allegiance to the flag was led by Commissioner Killmeyer. ROLL CALL The secretary called the roll. Those present were Chairperson Hoback and Commissioners Berger, Brathwaite, Kellar and Killmeyer. Also present were Vince Bertoni, Senior Planner; Fred Follstad, Associate Planner; Michael Rubin, Associate Planner; Conal McNamara, Assistant Planner H; Jason Smisko, Assistant Planner II; Jeffrey Hogan, Planning Technician; Chris Price, Associate Engineer; Chris'Cheleden, Assistant City Attorney and Lori Powell, secretary. APPROVAL OF AGENDA A motion was made by Commission Brathwaite and seconded by Commissioner Killmeyer to approve the Agenda. Said motion passed by a vote of 5-0. CONSENT CALENDAR ITEM 1 APPROVAL OF MINUTES OF OCTOBER 7,1997 A motion was made by. Commissioner Berger and seconded by Commissioner Brathwaite to approve the Minutes of the October 7; 1997 Planning Commission Meeting as amended. Said motion was passed by a vote of 5-0. PUBLIC HEARINGS ITEM 2 MASTER CASE NO. 97-146 (REVISED DEVELOPMENT AGREEMENT 91- 003) ITEM 3 MASTER CASE 97-147 {REVISED DEVELOPMENT AGREEMENT 91.004, OAK TREE PERMIT 96.026 00-00 The staff report and slide presentation were given by Fred Follstad, Associate Planner. He also requested that Agenda items 2 and 3 be heard as one item. The Commission agreed. Mr. Follstad gave information regarding the oak tree on the project site. At this point it is healthy; however, with. the water supply for the tree gone, it would need a supplemental system in order to stay healthy. The Public Hearing was opened at 7:55 p.m. John Ashkar, 10960 Wilshire Boulevard, Los Angeles, is the applicant. Mr. Ashkar said this project would be beneficial to the residents of the area. He said it was made clear to him that the funds were not available to develop the park and library site. Mr. Ashkar said the oak tree could stay but it may not survive. If the tree is removed, other oak trees would be planted in its place. Commissioner Killmeyer asked who owned the property for the library and park site. Mr. Ashkar said they purchased it and then dedicated it to the City. Commissioner Killmeyer requested that staff obtain'a letter from the Parks Commission on if and when funds would be allocated to this park. Cominissioner Brathwaite said the residents were promised a park and a library and he did not see how the Commission could change that commitment now. Mr. Ashkar said he would be happy if the park and library site could be developed now. However, the reality was that there were no funds available to do this. Chairperson Hoback wanted to be sure that the funds for the park site could not be allocated to another location. It would have to stay at the site mentioned in the development agreement. Commissioner Berger wanted clarification on how much would the applicant be able to finish with the amount of money they had available. Mr. Ashkar said would be able to take care of the rails and fencing and the parkways. There is a shortfall of approximately $300,000 with reference to the median islands. Commissioner Berger asked Mr. Ashkar if he had seen the owl that was reportedly living in the oak tree. Mr. Ashkar said he had not seen it. Commissioner Kellar had questions regarding the tree mitigation. These questions were answered by Mr. Follstad and the applicant. Chairperson Hoback asked about the height of the walls in the area. The applicant proposed walls 6' in height while residents have 8' to 10' walls. She did not think this would enhance the look of the area. Mr. Ashkar said if the applicant replaced the private resident walls it would be a logistical nightmare and financially it would not be feasible. 2 Chairperson Hoback asked how many years would it take the applicant to build out this project. Mr. Ashkar said it would be approximately 3 years. She also asked if the oak tree could be transplanted. Mr. Follstad stated because of its size, this tree was not a candidate for transplantation. The Commission heard testimony from those who were in opposition to this project. Those speaking were: Glen Reeves, 28222 Bakerton, Santa Clarita; Karen Holder, 28149 Foxlane Drive, Santa Clarita; Robert Holder, 28149 Foxlane Drive, Denice Schelling, 28219 Stanley Court, Santa Clarita; Charlotte Arthur, 28101 Foxlane Drive, Santa Clarita. Comments made included: The City not living up to its agreement for a park and library; find a solution that will be beneficial to the residents; the need for the park and library; saving the oak tree; the alteration of the spring water from the tree; the tree is a Valley Oak and not a Coast Live Oak; opposition to the walls and walkways; the owl and red-tailed hawk that roost in the oak tree; and the problem of water ponding in residents' yards. RECESS Chairperson Hoback called a recess at 9:00 p.m. RECONVENE The meeting reconvened at 9:10 p.m. Tom Haner, representing the Pride Committee, spoke in favor of the item. They felt the new walls would enhance the area. Charles Cohen, One Boardwalk, Thousand Oaks. Mr. Cohen is an attorney. He represented the original developer on this project. He felt that something should be done to improve the neighborhood. Mr. Ashkar spoke in rebuttal to some of the comments that were made. He stated that the oak tree could stay. He felt his project would benefit the community. - Mr. Ashkar stated there are no funds for the library building itself. Chairperson Hoback asked how long had the oak tree been without water. Mr. Ashkar said it had been approximately one month. He also stated that it was being watered by a water truck on a regular basis. Robert Holder had additional comments. He said that now that the spring water had been diverted, it was now coming up in some of the neighbors backyards. He spoke about the oak tree. He said without proper watering and care, the tree will not survive. He felt it was the developer's responsibility to maintain the tree. Charlotte Arthur was one of the resident's whose back yard was being flooded by the diversion of the underground spring. She said her yard is marshy along with a portion of her hill. She said you could not walk on it and it is beginning to smell. She said her neighbor is also experiencing the same problems. Ms. Arthur said this has been going on for several months. Vince Bertoni, Senior Planner, said that staff could have Code Enforcement take a look at this matter. Mr. Ashkar said he had not heard about this situation until this evening. He said that it would be dealt with right away. Public participation was closed at 9:45 p.m. Chairperson Hoback felt that more information was needed before direction could be given for the resolutions. Commissioner Killmeyer agreed. Commissioner Brathwaite felt the Commission should have the previous staff reports so the Commission could see what took place when this matter was first heard. Staff said this would be provided. Commissioner Kellar also felt that more information was needed regarding the tree, owl and the hawk. Commissioner Berger said if the City does not have the funds for the park and library now, why not take the money and use it to enhance the area. He wanted staff to find out what the cost would be to have the park and library in place. Chairperson Hoback was concerned with the precedent this action would have on future development agreements. She felt that the Canyon Country community needed a park and a library. _ Mr. Follstad reviewed the issues that staff needed to respond to for the next meeting. A motion was made by Commissioner Berger and seconded by Commissioner Brathwaite to continue this matter to December 2, 1997. Said motion passed by a vote of 5-0. ITEM 4 MASTER CASE NO. 97-168 (MINOR USE PERMIT 97-017, RESOLUTION P97.21) The staff report and slide presentation was given by Jeff Hogan, Planning Technician. Commissioner Killmeyer asked what the height of the building would be. Mr. Hogan said it would be 35 feet in height. Commissioner -Kellar asked what type of offices would be in the building. Mr. Hogan said they would be medical offices. The Public Hearing was opened at 10:15 p.m. Hughes Pope, 7825 Fay Avenue, Suite 200, San Diego, spoke on behalf of the applicant, Landmark Healthcare Facilities. He said the office space was needed for the physicians. After two meetings with the residents in the area, revisions were made to have more landscaping to 11 A motion was made by Commissioner Berger and seconded by Commissioner Kellar to adopt the Negative Declaration and adopt Resolution P97-25 approving Master Case 97-90 which consists of Development Review Number 97-004 subject to the conditions of approval. Before the vote was taken, the Commissioners commented on the project. Commissioner Killmeyer stated he did not support the project. He felt it was an error to allow this type of business at this location since it was one of the entryways into the City. Chairperson Hoback said she agreed with most of the statements made by Commissioner Killmeyer. Commissioner Brathwaite said there was very little other kinds of uses that could be put on this piece of property. He felt this project was less obtrusive than having stores along the area. He felt it was a good use. A roll call vote was taken. Those voting yes on the project were Commissioners Berger, Brathwaite and Kellar. Those voting no were Commissioners Hoback and Killmeyer. Said motion passed by a vote of 3-2. ITEM 3 MASTER CASE NO. 97-146 (REVISED DEVELOPMENT AGREEMENT 91- 003) ITEM 4 MASTER CASE 97.147 (REVISED DEVELOPMENT AGREEMENT 91.004, OAK TREE PERMIT 96.026) The Commission agreed to hear these two matters together. Fred Follstad, Associate Planner, gave the staff report. Mr. Follstad said a letter had been received from the applicant stating that the oak tree would not be removed. Mr. Follstad reviewed documentation requested at the November 4, 1997 meeting. This documentation included staff reports from the original meetings on this project. Mr. Follstad said he had spoken to Dr. Robert Lee, Superintendent of the Hart High School District. He said Dr. Lee expressed concerns over the loss of the partial grading of the park/ library sites. Mr. Follstad also spoke with the Parks and Recreation Department regarding when funds would be available. No funds are currently available to finish the construction of the facility. In addition, the site is not identified in the current five year Capital Improvement Plan nor in the adopted Parks and Recreation Master Plan. Chairperson Hoback inquired about the oak tree. Mr. Follstad said the City's oak tree consultant, Kay Carlson, took a look at the tree. It was her belief that the tree was getting some water. The Public Hearing was opened at 8:12 p.m. John Ashkar, the applicant, spoke first. He gave a brief history of this project. He said he is trying to get a benefit to the community and future homeowners of his project by putting in the landscaping and medians. This could take place now instead of waiting for an undetermined time for the park and library. Those speaking in opposition to this project were: Glen Reeves, 28222 Bakerston, Santa Clarita; Charlotte Arthur, 28101 Foxlane, Santa Clarita; Karen Holder, 28149 Foxlane, Santa Clarita. Some of the comments made were: the community needs a library, placing the money in an escrow fund, residents prefer the library and park over the street improvements; problems with the heavy equipment being used on the project. Mr. Ashkar addressed some of the issues that were brought up by the residents. He said the grading of the library site cannot be separated from the grading of the entire site. Wayne Weber, Park Development Coordinator, spoke with reference to the park issue. He said the money for this project might grade the park site and several acres for the library site but that would be as far as the funds would go. There are three other park sites with the same status - they are ready for development but there is no money to build them. He stated the grading of the park and library site must be done at the same time. Once this is accomplished, the two issues may be separated. Commissioner Berger wanted to know if there was any way of telling when the park might be funded. Mr. Weber said determining the timing for this was very difficult and he did not know when the funds would be available. The public hearing was closed at 8:55 p.m. Commissioner Kellar said the park and library situation in Canyon County is inadequate. He said after reviewing the documentation both old and new, he felt the City and the developer had a responsibility to accomplish certain things and the ultimate need of the community would best be served by addressing the issue of the park and library. He said he was comfortable with the original agreement. Commissioner Berger said Mr. Ashkar's proposal would be a benefit to the City and community. However, the Commission promised five years ago that the residents would have a park and library and he was in favor of keeping the original agreement. Commissioner Killmeyer felt libraries are important and essential to the City's youth. He wanted to stick with the original agreement. He urged the residents to keep the ball rolling on getting the park and library. Commissioner Brathwaite said what was promised in 1990 was a promise that should be kept. Chairperson Hoback commended the residents who spoke before the Commission in their pursuit of obtaining the park and library. She said it helped in making her decision. She also was in favor of keeping the original agreement. Amotion was made by Commissioner Kellar that this project be left in accordance to what was articulated in the original agreement and that the City work with the citizens to see if some M type of funding source could be found to proceed with the park and library sites. Said motion was seconded by Commissioner Killmeyer. Mr. Altmayer suggested modifying the motion to add that the resolutions would be brought back at the next meeting and continuing the matter to January 6, 1998. Said motion was amended to reflect the modification. The vote was taken and the motion passed by a vote of 5-0. RECESS Chairperson Hoback called a recess at 9:12 p.m. RECONVENE The meeting reconvened at 9:20 p.m. With Mr. Lambert's return, the Commission heard Item 1. COMMISSION CONSIDERATION ITEM 1 LONG TERM SANTA CLARITA VALLEY WATER AVAILABILITY Mr. Lambert asked the Commission to direct staff to schedule a meeting to discuss water issues in the City. This meeting would include representatives from the public and the water agencies. Commissioner Killmeyer requested that the Commission receive data before the meeting to be better prepared. Testimony was taken from the public. Those speaking were: Michael Kotch, representing SCOPE, 28701 West Sloan Canyon Road, Castaic; Bob Lathrop, 25105 Highspring, Santa Clarita; Ed Dunn, 15414 Rhododendron Drive, Santa Clarita; Lynne Plambeck, P. O. Box 1182, Santa Clarita; and Bill Marietta of the Santa Clarita Water Company. Mr. Kotch presented a letter from SCOPE which had information pertaining to water availability versus land use planning. Comments made by the speakers included: keeping the basics in mind, look for critical situations, having a base plan for critical scenarios; reclaimed water, the importance of having the public's voice along with the water agencies; and well -head protection. Commissioner Brathwaite said more information is needed from the water companies. A motion was made by Commissioner Brathwaite to direct staff to schedule a discussion at a Planning Commission meeting with representatives from the water companies regarding water availability and water availability with regard to land use. Said motion was seconded by Chairperson Hoback and passed by a vote of 5-0. A request was made by Mr. Lambert to hear Item 6 before Item 5. Said request was granted by Chairperson Hoback. 9 Robert Dennis, represented 24 -Hour Fitness. He said they have been working with staff to try and resolve this problem. He felt the residents of the community would be well served to have this matter heard this evening. He felt this was not their fault and they have been operating in good faith. Jeff Harmon, District Manager for 24 -Hour Fitness, spoke before the Commission. He said many phone calls had been received from members of the community expressing a desire to have this temporary work out facility. He said the use would be for approximately four months and there was ample parking. After discussion, a motion was made by Commissioner Killmeyer and seconded by Commissioner Kellar to hear this matter on January 20, 1998. Said motion passed by a vote of 5-0. A motion was made by Commission Brathwaite and seconded by Commissioner Berger to approve the Agenda. Said motion passed by a vote of 5-0. CONSENT CALENDAR ITEM 1 APPROVAL OF MINUTES.OF OCTOBER 30, 1997 ITEM 2 APPROVAL OF MINUTES OF NOVEMBER 4, 1997 ITEM 3 APPROVAL OF MINUTES OF NOVEMBER 18, 1997 ITEM 4 APPROVAL OF MINUTES OF DECEMBER 2, 1997 Commissioner Killmeyer requested that the word "application" be changed to "modification" on page 5, paragraph 11 of the December 2, 1997 Minutes. A motion was made by Commissioner Berger and seconded by Commissioner Kellar to approve the Consent Calendar in its entirety as modified. Said motion was passed by a vote of 5-0. ITEM 5 MASTER CASE NO. 97-146 (REVISED DEVELOPMENT AGREEMENT 91- 003) Fred Follstad, Associate Planner, gave the staff report. A letter had been prepared to give to the Parks and Recreation Commission which outlined issues brought up by members of the community. Chairperson Hoback requested changes to the letter to make it clearer. Mr. Follstad said changes would be made and the letter would be prepared and given to Chairperson Hoback for her signature. A motion was made by Commissioner Mllmeyer and seconded by Commissioner Berger to adopt Resolution P98-02 which denies the requested amendment to Development Agreement 91-003. Said motion was passed by a vote of 5-0. ITEM 6 MASTER CASE 97-147 (REVISED DEVELOPMENT AGREEMENT 91.004, OAK TREE PERMIT 96.026 Fred Follstad, Associate Planner, gave the staff report. A motion was made by Commissioner Kellar and seconded by Commissioner Brathwaite to adopt Resolution P98-03 which denies the requested amendment to Development Agreement 91-003. Said motion was passed by a vote of 5-0. ITEM 7 MASTER CASE NUMBER 97.223 (PREZONE NUMBER 97-002, ANNEXATION NUMBER 1997.02, RESOLUTION P98-05) The staff report and slide presentation was given by Fred Follstad. Mr. Follstad said he had spoken with a representative from the William S. Hart Union High School District and the location for the school site was acceptable to them. Commissioner Brathwaite asked what the size of the site would be. Mr. Lambert said the agreement was for 20 acre parcel and 14.2 acre parcel and the City and the School District will share 5 acres of the City's park site. Chairperson Hoback asked where the earthquake fault ran on the property. Mr. Follstad said it was located.in the 14.2 acre parcel. She also wanted to know how much of the 20 acre site was part of the SEA. Mr. Follstad did not have an exact figure but he said it was approximately one acre. Chairperson Hoback asked if the State does not approve the site, would another site be provided. Mr. Follstad said yes, there were other sites in the immediate area that could be used. Commissioner Killmeyer asked what was the probability of having a school on this site. Mr. Follstad said pending state approval, it looked fairly good. He said there was a need for the junior high. The Public Hearing was opened at 8:06 p.m. There were no speakers speaking in favor or in opposition to this matter. The Public Hearing was closed at 8:06 p.m. A motion was made by Commissioner Berger and seconded by Commissioner Killmeyer to adopt Resolution Number P98-05 recommending that the City Council adopt the proposed resolution approving the Negative Declaration prepared for this project with the finding that the project will not have a significant effect upon the environment and adopt the proposed ordinance approving Prezone No. 97-002 (Master Case No. 97-233, Annexation No. 1997-02). Before the vote was taken, Commissioner Killmeyer asked for clarification on two items. Clarification was given by Mr. Follstad. Said motion was passed by a vote of 5-0. CITY OF SANTA CLARITA STAFF REPORT MASTER CASE 97-147 REVISED DEVELOPMENT AGREEMENT 91-004 AND MASTER CASE 96-241 OAK TREE PERMIT 96-026 DATE: NovembW4,19OXI TO: Ch ers ack and Members of the Planning Commission FROM: eff t AICP, Planning Manager CASE PLANNER -00 ad AICP, Associate Planner APPLICANT: White's Canyon Associates LOCATION: The north side of Whites Canyon Road between Nadal Streetand Wildwind Road in the Canyon Country area of the City. REQUEST: The applicant is requesting a modification to an existing development agreement. The modifications would include the removal of a condition requiring the payment of fees towards the development of a park and library site adjacent to Canyon High School and the removal of a condition requiring the payment of a fee towards the improvement of bike lanes in the City. In lieu of these considerations, the applicant would install landscape improvements along Whites Canyon Road. In addition, the applicant is requesting permission to remove the existing oak tree on the site. BACKGROUND On May 22, 1990, the City Council adopted Resolution 90-74 which approved Vesting Tentative Tract Map 47863. This allowed for the construction of 80 single family residential units on 32 acres in the RL (Residential Low) zone. The Conditions of Approval prohibited the removal of the one existing oak:tree on-site. The project was initially approved by the Planning Commission and appealed to the City Council. On October 22, 1991, the City Council adopted Ordinance 91-41 which granted a 10 year development agreement for VTTM 47863. In exchange for allowing the extended expiration date of the map, the applicant agreed to provide additional public benefits including: the dedication of a 28 acre parksite and a seven acre library site within two months of the approval of the development agreement (this has occurred); payment of fees towards the grading of the park site; increased Bridge and Thoroughfare fees and a fee towards the construction of bike lanes in the City. 1 Agenda Item: GENERAL PLAN DESIGNATION SURROUNDING LAND USE ZONING The site is presently zoned RL (Residential Low) which allows for a density of.1.1 to 3.3 units per acre. The General Plan category for the site is also RL. The following table sets forth information as it pertains to the project site and surrounding areas, including planning categories, zoning, and land use designations: ENVIRONMENTAL STATUS Land Use Single Family Homes (Under Construction) Single Family Homes, Open Space Apartments Single Family Homes, Open Space Single Family Homes As part of the project review, an environmental assessment was made to evaluate the impacts of the project. It was determined that the adverse environmental impacts could be avoided with mitigation measures. Subsequently, a draft mitigated negative declaration was prepared for the project. COMMENTS RECEIVED Staff has received four letters in opposition to the project, specifically with reference to the removal of the oak tree. In addition, staff has received a petition signed -by 37 residents of the. adjacent Oak Grove tract who are in opposition to the request. PROJECT DESCRIPTION AND ANALYSIS Development Agreement Modifications The applicant is requesting to modify the existing development agreement for VTTM 47863. The modification pertains to two different sections of the agreement for this project and the adjacent project of VTTM 46626. The first section is in regards to a required payment for the improvement of the joint park and library site of $199,500 plus an increase based on the Consumer Price Index for the time period from the approval of the tract map to the first of January preceding the issuance of building permits. Staff estimates that as of January 1, 1998, the CPI will be approximately 20%. Therefore, the payment would be $239;400 if the project were to record in 1998 which is what staff envisions to occur. The second modification the, applicant is requesting is to remove the requirement for the payment for the development of bike trails of $1,067.62 per unit plus CPI increase from the approval of the development agreement to the first of January preceding the issuance of building permits. The approximate CPI for this improvement is 12% or $1,195.73 per unit. The total funds that are required to satisfy this requirement are approximately $95,659 if the building permits were issued in 1998. General Plan Zoning Project RL RL North RS RS South RM RM West RS RS East RS RS ENVIRONMENTAL STATUS Land Use Single Family Homes (Under Construction) Single Family Homes, Open Space Apartments Single Family Homes, Open Space Single Family Homes As part of the project review, an environmental assessment was made to evaluate the impacts of the project. It was determined that the adverse environmental impacts could be avoided with mitigation measures. Subsequently, a draft mitigated negative declaration was prepared for the project. COMMENTS RECEIVED Staff has received four letters in opposition to the project, specifically with reference to the removal of the oak tree. In addition, staff has received a petition signed -by 37 residents of the. adjacent Oak Grove tract who are in opposition to the request. PROJECT DESCRIPTION AND ANALYSIS Development Agreement Modifications The applicant is requesting to modify the existing development agreement for VTTM 47863. The modification pertains to two different sections of the agreement for this project and the adjacent project of VTTM 46626. The first section is in regards to a required payment for the improvement of the joint park and library site of $199,500 plus an increase based on the Consumer Price Index for the time period from the approval of the tract map to the first of January preceding the issuance of building permits. Staff estimates that as of January 1, 1998, the CPI will be approximately 20%. Therefore, the payment would be $239;400 if the project were to record in 1998 which is what staff envisions to occur. The second modification the, applicant is requesting is to remove the requirement for the payment for the development of bike trails of $1,067.62 per unit plus CPI increase from the approval of the development agreement to the first of January preceding the issuance of building permits. The approximate CPI for this improvement is 12% or $1,195.73 per unit. The total funds that are required to satisfy this requirement are approximately $95,659 if the building permits were issued in 1998. In lieu of the applicant providing these funds (which total $335,059), the applicant is requesting the funds be used in conjunction with the funds from Tract Map 46626, if approved. The funds would be used to make roadway aesthetic enhancements along Whites Canyon Road from Soledad Canyon Road to Steinway Street. This is a. distance of approximately 1.8 miles. The improvements, which are described in an informational packet included in the agenda packet, include the placement of a six foot concrete panel wall or concrete split rail fence, street trees, shrubbery, irrigation systems and concrete sidewalk repair along the complete length of the roadway described above. In addition, if any funds are not completely expended, the applicant is proposing to construct landscaped median improvements along Whites Canyon Road beginning at Soledad Canyon Road and moving northward. The applicant feels that the funds proposed will only complete about half of the medians. The applicant is already required to construct landscaped median improvements along the 1,700 feet of the project's frontage. Staff has prepared a list of benefits and disadvantages related to the applicant's request. If the applicant were to receive approval of the request as proposed, the benefits would include: The proposal would bring an aesthetic improvement to an area that the City has received many requests for street beautification. Currently, no funds are allocated for this improvement in the City's Five Year Capital Improvement Plan. Aesthetic enhancements would occur in the area much sooner than otherwise possible. The applicant can construct the improvements more economically than the City since these improvements would have to be put out to bid. The disadvantages include: The City would lose funds earmarked to grade a portion of a site for recreation and library facilities which, according to the City's General Plan, are highly deficient within the City, especially in this area. The City would incur General fund costs since the improvements once accepted would be maintained by the City. According to the Parks, Recreation and Community Services Department, the improvements would cost the City $30,000 per year to maintain. Funds are currently not allocated for this maintenance. The applicant may not be able to fully construct the complete length of median improvements under the current proposal. If all the improvements are not installed, it may create a disjointed appearance. Currently, no funds are proposed to complete the improvements in the Capital Improvement Program. 3 Staff is requesting that the Planning Commission provide direction on the applicant's request. Staff has provided a number of possible alternative. actions for the Commission to review. They include: 1. Recommend approval to the City Council of the project as proposed by the applicant 2. Modify the applicant's request to require the installation of all improvements from Soledad Canyon Road to Steinway Street. 3.• Same as number 2 above with the requirement that the applicant be required to maintain the improvements for a period of time, possibly ten years. 4. Make no decision on the item and send it directly to the City Council without a recommendation. 5. Deny the request. Oak Tree Removal The applicant is requesting removal of the one existing oak tree on the project site. Since the original Conditions of Approval and the Tentative Tract Map were included within the approved development agreement, the development agreement must be modified to allow removal of the tree. If this condition was not part of the development. agreement, this decision could be made at staff level. The original condition of the approved tract map 084) states: "The existing oak tree on the site shall be incorporated into future landscaping of the tract, and shown on the landscape plan. During grading and construction, the oak tree shall be appropriately protected. No work shall be permitted within the protected zone which shall be in conformity with City Standards." The tree the applicant is requesting to remove is a 25 foot tall Coast Live Oak with a trunk diameter of 22 inches. The assessed valuation of the tree $19,000. The tree would be located in the front half of lot 65. _ The applicant is proposing to remove the tree based on the requirement that the applicant install an underground de -watering subdrain recommended by the soils report prepared for the project. The applicant is proposing to plant mitigation trees at the projects entryway adjacent to Whites Canyon Road. The applicant has submitted grading plans to the City's Engineering Department. These plans included provisions for the installation of the subdrain with the retention of the tree in its existing location. These plans were approved on July 15 of this year. The applicant has subsequently begun the grading of the site. The City's Oak Tree consultant has reviewed the information provided by the applicant and has provided comments on the request. The Oak Tree consultant states that if the tree is to remain without mitigation, there would likely be a long term adverse effect on the tree. In addition, she feels that the tree is not a good candidate for transplantation since it is unlikely that the tree will survive. If the tree is to remain in place, a supplemental irrigation system should be in place until the tree can adapt to the revised condition. If the tree is removed, she feels that there is ample room on site for the placement of mitigation trees. RECOMMENDATION Staff recommends that the Planning Commission: 1) Receive staffs presentation, open the public hearing, receive testimony, discuss the item, and, 2) Direct staff to return to the Planning Commission of the November 18, 1997 meeting with a Resolution which includes the Planning Commission rE commendations to the City Council. KP:FLF:lep p1ngcom%sr97147.flf 5 CITY OF SANTA CLARITA STAFF REPORT MASTER CASE 97-147 REVISED DEVELOPMENT AGREEMENT 91-004 AND MASTER CASE 96-241 OAK TREE PERMIT 96-026 DATE: December 2, 1997 TO: Ch ' erson Hoback and Members of the Planning Commission FROM: Jet Lambert AICP, Planning Manager CASE PLANNER: Fr Follstad AICP, Associate Planner APPLICANT: White's Canyon Associates LOCATION: The north side of Whites Canyon Road between Nadal Street and Wildwind Road in the Canyon Country area of the City. REQUEST: The applicant is requesting a modification to an existing development agreement. The modifications would include the removal of a condition requiring the payment of fees towards the development of a park and library site adjacent to Canyon High School and the removal of a condition requiring the payment of a fee towards the improvement of bike lanes in the City. In lieu of these considerations, the applicant would install landscape improvements along Whites Canyon Road. In addition, the applicant is requesting permission to remove the existing oak tree on the site. BACKGROUND This item was brought before the Planning Commission at the November 4, 1997 meeting. At that meeting, the Planning Commission directed staff to return to the Commission meeting with additional information and continued this project to December 2, 1997. This information is contained in the next section of this report. As of this date, no additional letters regarding this project have been received. INFORMATION REQUESTED BY THE COMMISSION The information requested at the previous hearing by the Commissioners is listed below: The Planning Commission would like additional information from previous Planning Commission meetings on the project site. Staff has included copies of previous staff reports, minutes and a copy of the approved Development Agreement. In addition, staff has included copies of previous biology and the updated oak tree report. The Planning Commission wanted to know the costs associated with the construction of new medians. Staff contacted both the City's Parks, Recreation and. Community Services and the Transportation and Engineering Departments for the City's costs associated with these improvements. The cost to construct a typical 14 foot wide median generally runs between $40 to $45 per linear foot not including landscaping. The cost of landscaping including some stamped concrete highlights, generally cost $5 to $7 per square foot. Therefore, a new 14 foot median would run from $110 to $150 per linear foot. In the areas where the median is existing, costs for improving the median would be $5 to $7 per square foot plus one additional dollar per square foot for the removal of the existing asphalt. The Planning Commission requested the costs associated with the construction of new bike lanes. The cost of bike lanes varies between different projects. The cost is based on a number of variables including: topography, existing right-of-way, under or overcrossing, on street or off street and purchase price of the land if required. The new trail connection along Soledad Canyon Road and Valencia Boulevard which includes an undercrossing and overcrossing is costing approximately 1.5 million dollars for one and one-half miles of trail with almost no land acquisition costs. The average costs for a bike trail is approximately $500,000 per mile plus land costs. The Planning Commission requested staff to contact the William S. Hart School District to discuss the impacts of this request. Staff had a discussion with the district's superintendent regarding the applicant's request. While the District has not taken a formal stance on this issue, concerns were informally raised. Although the District recognizes the fact that the landscape improvements will be an aesthetic asset to the community, the loss of the partial grading of the library and park site is of concern. The District feels that the loss of funds towards the development of facilities oriented towards children, especially the library, is sending the "wrong message" to the community. The Planning Commission was seeking additional information on any Parks and Recreation Commission action on this item. The item was never formally brought before the Parks and Recreation Commission. However, at the November Parks and Recreation meeting a resident addressed this issue. The Parks and Recreation Commission asked staff for a quick synopsis of the project. Afterwards, the Parks and Recreation Commission had mixed reactions to the request. They felt the review of the request was in the purview of the Planning Commission and City Council and they did not act on the item. The Planning Commission requested information on when funds would be available to complete construction of the park/ library site. In discussions with staff from the Parks, Recreation and Community Services Department, no funds are currently available to finish the construction of the facility. In addition, this site is not identified in the current five year Capitol Improvement Plan nor in the adopted Parks and Recreation Master Plan. Therefore, no funds are identified for development of the park/library site now or in the near future. Also, there are currently three undeveloped park sites awaiting funding and the Central City Park awaiting development and additional funding. The Planning Commission requested information on whether the funds must be used within a specific time frame. In reviewing the document and applicable state laws, staff feels there is no time frame in which the City is required to expend the money offered as part of the development agreement. However, the funds must be spent on the improvements identified in the approved development agreement unless modified. The Planning Commission inquired as to whether the intermittent spring adjacent to the oak tree was discussed when the project was initially approved. The spring was discussed in the Initial Study prepared for the project in November of 1989. The initial study referenced a geotechnical report prepared by Leighton and Associates which fully discussed the spring and the required subdrains. The Planning Commission requested information on the owl reported to be on-site. Staff visited the site on different occasions looking for the any raptors on or near the oak tree. During the inspection, staff noted the absence of any nests or scat. There was one large snag on the top of the tree that would serve as an excellent perch for a raptor such as an owl. In the biology report prepared for the project in 1990 by Independent Environmental Consultants, there were observations noted of Red Tail Hawk and Great Horned Owl. The report goes on to say that once the development begins, it is doubtful that the tree would remain as a roosting site for the Great Horned Owl. A copy of the report is attached to this report. The Planning Commission requested that the City's Oak Tree Consultant review the latest information for accuracy and report on the health of the tree. The City's Oak Tree consultant reviewed the report prepared by Lee Newman and Associates. She found the report to be accurate. Her inspection of the tree noted that the Valley Oak was in average health with the exception of some mistletoe in its crown and was just begining to lose its leaves for the winter. The tree seems to be receiving some water since the tree still had green leaves and there were green annuals under the dripline of the tree, even though the water source was removed last July. During the last public hearing on this item, a member of the community presented information from a previous staff reports. The Planning Commission requested some clarification on some of the issues that were raised. First, clarification is needed that the tree is a Valley Oak (Quercus Lobata), not a Coast Live Oak (Quercus Agrifolia) as written in the previous staff report. Secondly, clarification was requested to find out if this tree is the furthest west that this species of tree exists. In actuality, the tree is the most eastern specimen of the species known in the City. The last clarification is the size of the tree. The oak tree ordinance requires a measurement of the trunk of the tree at DBH (diameter at breast height) or approximately 4.5 feet. Since this tree is on a slope, DBH varies on which size is measured. In addition, the tree is a single trunk tree and divides into three trunks. at the five foot level. The report for the initial project calculated the tree with three trunks 30, 34 and 42 inches in circumference. This measurement was probably taken on the up slope side of the tree. The latest oak tree report was probably measured on the down slope side and was measured at 22 inches in diameter. Therefore, due to the different measuring techniques, the numbers looked very different. What is the possible mitigation if the tree is allowed to be removed. Since the applicant has not submitted a full mitigation, plan staff was unable to review the proposal. An ISA value for the tree of $19,000 has been given if it is removed. The applicant has stated that a boxed oak tree(s) could be placed at the project entrance as possible mitigation. Generally staff requires mitigation by four different means. The first is dedication of lands that could accommodate oak trees. The next is to pay the valuation of the tree to an oak tree preservation fund. The third is to replace the trees with oak trees based on the ISA valuation for the tree to be removed. The last method is to replace the removed tree with an identical amount diameter of trees: For example, this tree has a diameter of 69 inches. The applicant could provide 35 two inch diameter trees; or 69 one inch diameter trees; or 138 half inch diameter trees; or any combination there of. The Planning Commission inquired as to the possible use of the spring water for non potable uses. Staff has looked into the possibility of using the water for irrigation purposes. Staff feels that while this use of the water merits consideration, it would be unfeasible at this time. The system would require a storage tank, an additional set of water lines, and a pump facility. Also, due to the limited amount and seasonality of water, it would be cost prohibitive. The Planning Commission requested information on whether water was percolating into neighboring parcels or if there were any code enforcement actions on the subject parcel. The applicant's agent met with one of the neighboring residents regarding the issue of water ponding in the rear yard. According to the applicant's agent, no problem was noted and the yard was dry. Engineering staff has attempted to make contact with the homeowner. A representative from Engineering will be available regarding this issue. According to the City's Code Enforcement Officer for that area, one complaint was filed regarding two issues. The. first issue was that construction was occurring prior to 7:00 a.m. which is the earliest construction can begin according to the City's noise ordinance. The applicant's agent was advised of the allowable working hours and the case was closed. The second issue was the use of heavy earthmoving equipment within 500 feet of the neighboring units. This was a condition placed on the project during the public hearing process. Since a determination has yet to be made by the Engineering division as to what constitutes heavy earthmoving equipment, this issue is yet to be resolved. However, the applicant is minimizing work in this area. RECOMMENDATION Staff recommends that the Planning Commission: 1) Receive staffs presentation, open the public hearing, receive testimony, discuss the item; and, 2) Direct staff to return to the Planning Commission at the January 6, 1998 meeting with a Resolution which includes the Planning Commission recommendations to the City Council. JJL:FLF:lep pingwm\sr97f 472.Of 5 CITY OF SANTA CLARITA INTEROFFICE MEMORANDUM TO: Chairperson Hoback and Members of the Planning Commission FROM: Jeffery Lambert, AICP, Planning Manager DATE: January 6, 1998 SUBJECT: RESOLUTION OF APPROVAL FOR MASTER CASE 97-147 At the December 2, 1997 Planning Commission meeting, the Commission directed staff to return with a Resolution to deny Master Case 97-147, a request to modify an existing development agreement. In addition, the Commission directed staff to prepare a letter to the Parks and Recreation Department highlighting a number of the issues raised by the Commission and members of the public during the hearing process. Both of these items are attached to this report. RECOMMENDATION Staff recommends that the Planning Commission: 1) Adopt Resolution P98-03 which denies the requested amendments to Development Agreement 91-004. JJL:FLF.lep p1ngmm\st97147.f1f a RESOLUTION NO. P98-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DENYING MASTER CASE 97-147 (REVISED DEVELOPMENT AGREEMENT 91.004 AND REVISED VESTING TENTATIVE TRACT MAP 47863) AND MASTER CASE 96-241 (OAK TREE PERMIT 96.026) TO ALLOW FOR THE MODIFICATION OF AN EXLSTING DEVELOPMENT AGREEMENT AND THE REMOVAL OF ONE OAK TREE FOR A PROPERTY LOCATED ON THE NORTH SIDE OF WHITES CANYON BETWEEN NADAL STREET AND WILDWIND ROAD IN THE CITY OF SANTA CLARITA. 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 May 22, 1990, the City Council of the City of Santa Clarita adopted' Resolution 90-74, approving Vesting Tentative Tract Map 47863 to allow for the development of 32 acres with 80 single family homes. b. On October 22, 1991 the City Council adopted Ordinance 91-41 which approved a Development Agreement 91-004 approving an additional ten year period to record the approved map. In exchange for the increased time lines to record the map, the applicant provided public benefits including the dedication of a 28 acre park/library site, increased Bridge and Thoroughfare fees, payment of funds towards the grading and development of the park/library site, and payment of fees towards the development of bike lanes in the community. C. On November 26, 1996, Whites Canyon Associates LTD. submitted a request to remove one oak tree on the project site. Staff determined that this request required a modification to the conditions of approval for Vesting Tentative Tract 47863. And since these conditions were included within Development Agreement 91-004, a revision to this document was also required. d. On August 18, 1997, Whites Canyon Associates LTD. and Canyon View Partners (the applicant) submitted a request to modify the development agreement to allow funds that were identified for bike lane and park construction to be used for median and landscape improvements. In addition, the request included provisions to remove one oak tree. e. On November 20, 1997, the applicant submitted a letter withdrawing the request to remove the oak tree thereby withdrawing the oak tree permit and the revisions to VTTM 47863. f. Hearings were held by the Planning Commission on November 4, 1997 and December 2, 1997, at 7:00 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. A formal decision was made on January 6, 1998. Page 2 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 Planning Commission and on its behalf, the Planning Commission further finds as follows: a. At the hearings conducted on the project, the Planning Commission considered the staff report prepared for the project and received testimony on the proposal. b. The modifications to the approved development agreement requested by the applicant requires a public hearing. SECTION 3. Based upon the foregoing facts and findings, the Planning Commission hereby determines as follows: a. Policy 1.14 of the Public Services, Facilities and Utilities Element of the City's General Plan encourages the evaluation of the of existing and future library system in the planning area to ensure sufficient facility and book volumes per person ratios. The loss of funds to partially develop the library site would be contrary to the goals identified in the City's General Plan. b. Policy 1.1 of the Parks and Recreation Element of the City's General Plan encourages the provision of a combination of local park acreage, park facilities, and recreation programs to serve neighborhood needs. In addition, the General Plan identifies this area as part of a zone which lacks 700 acres of park land to serve the area. The loss of funds to partially develop the park site would be contrary to the goals identified in -the City's General Plan. SECTION 4. The Planning Commission hereby denies Master Case 97-147. PASSED, APPROVED AND ADOPTED this 6th dX of January, 1998. D cback, erson Planning Commission A T: r� Ken Pulskamp Secretary, Planning ommission Page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon Dawson, CMC, 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 6th day of January, 1998, by the following vote of the Planning Commission: AYES: COMMISSIONERS: HOBACK, BERGER, BRATHWAITE, KELLAR AND KILLMEYER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE p1ngwm\res9808.f1f v CITY CLERK MINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA Tuesday November 4, 1997 7:00 p.m. PUBLIC HEARINGS ITEM 2 MASTER CASE NO. 97-146 (REVISED DEVELOPMENT AGREEMENT 91- 003) The staff report and slide presentation were given by Fred Follstad, Associate Planner. He also requested that Agenda items 2 and 3 be heard as one item. The Commission agreed. Mr. Follstad gave information regarding the oak tree on the project site. At this point it is healthy; however, with the water supply for the tree gone, it would need a supplemental system in order to stay healthy. The Public Hearing was opened at 7:55 p.m. John Ashkar, 10960 Wilshire Boulevard, Los Angeles, is the applicant. Mr. Ashkar said this project would be beneficial to the residents of the area. He said it was made clear to him that the funds were not available to develop the park and library site. Mr. Ashkar said the oak tree could stay but it may not survive. If the tree is removed, other oak trees would be planted in its place. Commissioner Killmeyer asked who owned the property for the library and park site. Mr. Ashkar said they purchased it and then dedicated it to the City. Commissioner Ydlhneyer requested that staff obtain a letter from the Parks Commission on if and when funds would be allocated to this park. Commissioner Brathwaite said the residents were promised a park and a library and he did not see how the Commission could change that commitment now. Mr. Ashkar said he would be happy if the park and library site could be developed now. However, the reality was that there were no funds available to do this. Chairperson Hoback wanted to be sure that the funds for the park site could not be allocated to another location. It would have to stay at the site mentioned in the development agreement. Commissioner Berger wanted clarification on how much would the applicant be able to finish with the amount of money they had available. Mr. Ashkar said would be able to take care of the rails and fencing and the parkways. There is a shortfall of approximately $300,000 with reference to the median islands. Commissioner Berger asked Mr. Ashkar if he had seen the owl that was reportedly living in the oak tree. Mr. Ashkar said he had not seen it. Commissioner Kellar had questions regarding the tree mitigation. These questions were answered by Mr. Follstad and the applicant. Chairperson Hoback asked about the height of the walls in the area. The applicant proposed walls 6' in height while residents have 8' to 10' walls. She did not think this would enhance the look of the area. Mr. Ashkar said if the applicant replaced the private resident walls it would be a logistical nightmare and financially it would not be feasible. Chairperson Hoback asked how many years would it take the applicant to build out this project. Mr. Ashkar said it would be approximately 3 years. She also asked if the oak tree could be transplanted. Mr. Follstad stated because of its size, this tree was not a candidate for transplantation. The Commission heard testimony from those who were in opposition to this project. Those speaking were: Glen Reeves, 28222 Bakerton, Santa Clarita; Karen Holder, 28149 Foxlane Drive, Santa Clarita; Robert Holder, 28149 Foxlane Drive, Denice Schelling, 28219 Stanley Court, Santa Clarita; Charlotte Arthur, 28101 Foxlane Drive, Santa Clarita. Comments made included: The City not living up to its agreement for a park and library; find a solution that will be beneficial to the residents; the need for the park and library; saving the oak tree; the alteration of the spring water from the tree; the tree is a Valley Oak and not a Coast Live Oak; opposition to the walls and walkways; the owl and red-tailed hawk that roost in the oak tree; and the problem of water ponding in residents' yards. RECESS Chairperson Hoback called a recess at 9:00 p.m. The meeting reconvened at 9:10 p.m. Tom Haner, representing the Pride Committee, spoke in favor of the item. They felt the new walls would enhance the area. Charles Cohen, One Boardwalk, Thousand Oaks. Mr. Cohen is an attorney. He represented the original developer on this project. He felt that something should be done to improve the neighborhood. Mr. Ashkar spoke in rebuttal to some of the comments that were made. He stated that the oak tree could stay. He felt his project would benefit the community. Mr. Ashkar stated there are `A no funds for the library building itself. Chairperson Hoback asked how long had the oak tree been without water. Mr. Ashkar said it had been approximately one month. He also stated that it was being watered by a water truck on a regular basis. Robert Holder had additional comments. He said that now that the spring water had been diverted, it was now coming up in some of the neighbors backyards. He spoke about the oak tree. He said without proper watering and care, the tree will not survive. He felt it was the developer's responsibility to maintain the tree. Charlotte Arthur was one of the resident's whose back yard was being flooded by the diversion of the underground spring. She said her yard is marshy along with a portion of her hill. She said you could not walk on it and it is beginning to smell. She said her neighbor is also experiencing the same problems. Ms. Arthur said this has been going on for several months. Pince Berton, Senior Planner, said that staff could have Code Enforcement take a look at this matter. Mr. Ashkar said he had not heard about this situation until this evening. He said that it would be dealt with right away. Public participation was closed at 9:45 p.m. Chairperson Hoback felt that more information was needed before direction could be given for the resolutions. Commissioner Killmeyer agreed. Commissioner Brathwaite felt the Commission should have the previous staff reports so the Commission could see what took place when this matter was first heard. Staff said this would be provided. Commissioner Kellar also felt that more information was needed regarding the tree, owl and the hawk. Commissioner Berger said if the City does not have the funds for the park and library now, why not take the money and use it to enhance the area. He wanted staff to find out what the cost would be to have the park and library in place. Chairperson Hoback was concerned with the precedent this action would have on future development agreements. She felt that the Canyon Country community needed a park and a library. Mr. Follstad reviewed the issues that staff needed to respond to for the next meeting. A motion was made by Commissioner Berger and seconded by Commissioner Brathwaite to continue this matter to December 2, 1997. Said motion passed by a vote of 5-0. 3 AE[N]UTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLAR.ITA Tuesday December 2, 1997 7:00 p.m. ITEM 4 MASTER. CASE 97-147 (REVISED DEVELOPMENT AGREEMENT 91-004, OAK TREE PERMIT 96-026) The Commission agreed to hear these two matters together. Fred Follstad, Associate Planner, gave the staff report. Mr. Follstad said a letter had been received from the applicant stating that the oak tree would not be removed. Mr. Yollstad reviewed documentation requested at the November 4, 1997 meeting. This documentation included staff reports from the original meetings on this project. Mr. Follstad said he had spoken to Dr. Robert Lee, Superintendent of the Hart High School District. He said Dr. Lee expressed concerns over the loss of the partial grading of the park/ library sites. Mr. Follstad also spoke with the Parks and Recreation Department regarding when funds would be available. No funds are currently available to finish the construction of the facility. In addition, the site is not identified in the current five year Capital Improvement Plan nor in the adopted Parks and Recreation Master Plan. Chairperson Hoback inquired about the oak tree. Mr. Follstad said the City's oak tree consultant, Kay Carlson, took a look at the tree. It was her belief that the tree was getting some water. The Public Hearing was opened at 8:12 p.m. John Ashkar, the applicant, spoke first. He gave a brief history of this project. He said he is trying to get a benefit to the community and future homeowners of his project by putting in the landscaping and medians. This could take place.now instead of waiting for an undetermined time for the park and library. Those speaking in opposition to this project were: Glen Reeves, 28222 Bakerston, Santa Clarita; Charlotte Arthur, 28101 Foxlane, Santa Clarita; Karen Holder, 28149 Foxlane, Santa Clarita. Some of the comments made were: the community needs a library, placing the money in an escrow fund, residents prefer the library and park over the street improvements; problems with the heavy equipment being used on the project. Mr. Ashkar addressed some of the issues that were brought up by the residents. He said the grading of the library site cannot be separated from the grading of the entire site. Wayne Weber, Park Development Coordinator, spoke with reference to the park issue. He said the money for this project might grade the park site and several acres for the library site but that would be as far as the funds would go. There are three other park sites with the same status - they are ready for development but there is no money to build them. He stated the grading of the park and library site must be done at the same time. Once this is accomplished, the two issues may be separated. Commissioner Berger wanted to know if there was any way of telling when the park might be funded. Mr. Weber said determining the timing for this was very difficult and he did not know when the funds would be available. The public hearing was closed at 8:55 p.m. Commissioner Kellar said the park and library situation in Canyon County is inadequate. He said after reviewing the documentation both old and new, he felt the City and the developer had a responsibility to accomplish certain things and the ultimate need of the community would best be served by addressing the issue of the park and library. He said he was comfortable with the original agreement. Commissioner Berger said Mr. Ashkar's proposal would be a benefit to the City and community. However, the Commission promised five years ago that the residents would have a park and library and he was in favor of keeping the original agreement. Commissioner Killmeyer felt libraries are important and essential to the City's youth. He wanted to stick with the original agreement. He urged the residents to keep the ball rolling on getting the park and library. Commissioner Brathwaite said what was promised in 1990 was a promise that should be kept. Chairperson Hoback commended the residents who. spoke before the Commission in their pursuit of obtaining the park and library. She said it helped in making her decision. She also was in favor of keeping the original agreement. A motion was made by Commissioner Kellar that this project be left in accordance to what was articulated in the original agreement and that the City work with the citizens to see if some type of funding source could be found to proceed with the park and library sites. Said motion was seconded by Commissioner Killmeyer. Mr. Altmayer suggested modifying the motion to add that the resolutions would be brought back at the next meeting and continuing the matter to January 6, 1998. Said motion was amended to reflect the modification. The vote was taken and the motion passed by a vote of 5-0. MINUTES OF THE MEETING OF THE PLANNING COMMLSSION OF THE CITY OF SANTA CLARITA Tuesday January 6, 1998 Z:00 p.m. CONTINUED PUBLIC HEARINGS ITEM 5 MASTER CASE NO. 97-146 (REVISED DEVELOPMENT AGREEMENT 91.003) Fred Follstad, Associate Planner, gave the staff report. A letter had been prepared to give to the Parks and Recreation Commission which outlined issues brought up by members of the community. Chairperson Hoback requested changes to the letter to make it clearer. Mr. Follstad said changes would be made and the letter would be prepared and given to Chairperson Hoback for her signature. A motion was made by Commissioner Killmeyer and seconded by Commissioner Berger to adopt Resolution P98-02 which denies the requested amendment to Development Agreement 91-003. Said motion was passed by a vote of 5-0. i eCITY. OF SANTA CLARITA �`- 23920VALENCIA. BLVD.. SUITE .300 •SANTA CLARITA 91355 C d "'"•••••"' (8051259-2489 l CASH RECEIPT'-,' D,A�TE: `. ZS [ RECEIVED OF: CITY & ZIP:. PHONE NO: ( ) DRIVERS LICENSE NO FUND , CCf.'N0. FOR TOTALAMOUNT _ .. _ I. I ❑ CASH ACHECK-N0.'�fp CASH RECEIPT N6.75507 DEPARTMENT DOLLARS.I CENTS) RECEIVED BY CSC 006 WHITE'S CANYON ASSOCIATES, LTD. WITH<CANYON''VIEW PARTNERS AND,WHITE"S, ASSOCIATES„LTD:: ` MASTER"CASE"97-146 and `97=147_ City of Santa Clarita 23920 Valencia Blvd.. Phone Suite 300 - (805) 259-2489 Santa Clarita Fax Califomia 91355-2198 (805) 259-8125 January 23, 1998 John A. Ashkar, President Weston Communities 10960 Wilshire Blvd., Suite 1960 Los Angeles, CA 90024 Dear Mr. Ashkar: On January 12, 1998, this office received your letter of appeal of action taken by the Planning Commission on January 6, 1998 on requested modifications to the eidsting development agreements with Canyon View Partners and Whites' Associates, LTD., Master Case 97-146 and 97-147. Your appeal has been scheduled as a public hearing before the City Council at their meeting of February 24, 1998, to begin at or about 6:30 p.m. in the Council Chambers, 23920 Valencia Blvd., Santa Clarita. The notice of public hearing will be published in the local newspaper as required by law. If you have any questions, please feel free to contact us. Sincerely, �4..v, Sharon L. Dawson, CMC City Clerk cc: Ken Pulskamp Jeff Lambert Fred Follstad corres.westapl.gb PRINTED ON RECYCLED PAPER January 9, 1998 Ms. Sharon Dawson, City Clerk City of Santa Clarita 23920 Valencia Blvd. Santa Clarita CA 91355 WESTON COMMUNITIES RE: APPEAL OF PLANNING COMMISSION RECOMMENDATIONS ON THE REQUESTED MODIFICATION TO THE EXISTING DEVELOPMENT AGREEMENTS WITH CANYON VIEW PARTNERS AND WHITES' ASSOCIATES, LTD., MASTER CASE 97-146 AND 97-147 Dear Sharon: This letter is to request.an appeal to the City Council of the Planning Commissions January 6, 1998. recommendations to deny our request of modification of the Development Agreements for removal of a condition requiring the payment of fees of approximately $899,000.00 toward future park improvements and $336,000.00 toward future bike lane improvements to the city, which the city would then hold said fees until an undetermined point in time in the future when the city had a minimum of an additional $2,000,000.00 to contribute and add to the above fees in order to be used towards the improvements. In lieu of the above, we request the same cumulative dollar amount of fees ($899,000.00 + $336,000.00 for a total of $1,235,000.00) would be used to immediately install beautification treatments and improvements along White's Canyon Road from Soledad Canyon to Steinway. The thematic improvements include the following in order of priority of completion: 1. Six foot high wall or split rail fence along the City's right away. 2. Irrigation and landscaping along the parkways 3. Upon completion of 1 and 2 above any remaining funds are proposed to construct landscape median island improvements on White's Canyon beginning at Soledad Canyon Road and continuing north. We feel that the remaining funds will complete about half the median islands between Soledad Canyon Road and Steinway. If the City Council desires to complete the entire median island construction we offer a solution. Since we will be paying approximately $1,800,000.00 in bridge and thoroughfare fees, if the city would allocate $300,000.00 from the fee amount towards the median island improvements, that additional sum would be sufficient to complete all of the improvements. 10960 Wilshire Boulevard, Suite 1960, Los Angeles, California 90024 (310) 479-9900 Fax: (310) 477-8519 C) C. a A � � O ng N n G -a a to RE: APPEAL OF PLANNING COMMISSION RECOMMENDATIONS ON THE REQUESTED MODIFICATION TO THE EXISTING DEVELOPMENT AGREEMENTS WITH CANYON VIEW PARTNERS AND WHITES' ASSOCIATES, LTD., MASTER CASE 97-146 AND 97-147 Dear Sharon: This letter is to request.an appeal to the City Council of the Planning Commissions January 6, 1998. recommendations to deny our request of modification of the Development Agreements for removal of a condition requiring the payment of fees of approximately $899,000.00 toward future park improvements and $336,000.00 toward future bike lane improvements to the city, which the city would then hold said fees until an undetermined point in time in the future when the city had a minimum of an additional $2,000,000.00 to contribute and add to the above fees in order to be used towards the improvements. In lieu of the above, we request the same cumulative dollar amount of fees ($899,000.00 + $336,000.00 for a total of $1,235,000.00) would be used to immediately install beautification treatments and improvements along White's Canyon Road from Soledad Canyon to Steinway. The thematic improvements include the following in order of priority of completion: 1. Six foot high wall or split rail fence along the City's right away. 2. Irrigation and landscaping along the parkways 3. Upon completion of 1 and 2 above any remaining funds are proposed to construct landscape median island improvements on White's Canyon beginning at Soledad Canyon Road and continuing north. We feel that the remaining funds will complete about half the median islands between Soledad Canyon Road and Steinway. If the City Council desires to complete the entire median island construction we offer a solution. Since we will be paying approximately $1,800,000.00 in bridge and thoroughfare fees, if the city would allocate $300,000.00 from the fee amount towards the median island improvements, that additional sum would be sufficient to complete all of the improvements. 10960 Wilshire Boulevard, Suite 1960, Los Angeles, California 90024 (310) 479-9900 Fax: (310) 477-8519 Canyon View Partners and Whites' Canyon Associates Ltd. are abiding by the commitments within the Development Agreement and have been performing accordingly. We have purchased and dedicated the 28 acre park and library site to the City which the City now owns. Approximately ten months ago when we started processing our plans for: .the commencement of construction of our projects, a meeting was held with Staff to find out when the City was going to allocate the balance of funds needed to improve the park and library site and commence construction and, in addition, provide the other funds needed to fully improve the recreational facilities for the site. It was then that the realization came about that not only are there no funds to improve this park site now, but there will be no funds available within at least the next five to ten years or longer. Even if funds became available there are current and future higher priorities that the City needs to allocate their limited amount of funds towards. Therefore; the local community and future homeowners of our projects would not be receiving any immediate or near future amenities. To further this point, the Planning Commission asked when funds would be available to start and complete construction of the park/library site and I quote from the staff report: "In discussions with staff from the Parks, Recreation and Community Services Department, no funds are currently available to finish the construction of the facility. In addition, this site is not identified in the current five year Capitol Improvement Plan nor in the adopted Parks and Recreation Master Plan. Therefore, no funds are identified for development of the park/library site now or in the near future. Also, there are currently three undeveloped park sites awaiting funding and the Central City Park awaiting development and additional funding " In order to provide an amenity that the neighborhood could receive now and enjoy the benefits therefrom the thought was to beautify White's Canyon Road with a thematic improvement package. This is something that could happen now, which would increase the value of the entire neighborhood and the thousands of homeowners that use this corridor. It would instantly increase the pride of ownership and property values for all of the homeowners that live in the area and would be appreciated daily. In order for the community and our future homeowners to receive a benefit now rather than the probability of never receiving any community benefit at all, we would be willing to construct these improvements which would be far more economical than if these were public improvements done by the City. We would do this work on a no profit basis. Since these improvements would immediately increase the value of the thousands of homes surrounding this corridor, the City would be a beneficiary of the increase in property taxes derived from that increased value and would help offset the annual maintenance cost of the parkways and median islands. Canyon View Partners and Whites' Canyon Associates Ltd., request either the park and library site to be constructed now or the White's Canyon beautification improvements to be constructed now. We would not like to see our fees paid to the City with no amenity improvement to take place for the community and for our homeowners. With the realization of the fiscal restraints and priorities communicated by staff our choice is not a park and library site verses White's Canyon improvements, the choice is (i) paying a portion of the amount of money needed for the -park and library site improvement and have nothing happen (approximately $2,000,000.00 is still needed from city funds in order to have a turn key completed project in addition to our funds) or, (ii) have an immediate improvement, benefit, and amenity that the community could realize now and that is the White's Canyon beautification. The City still owns the park land and library site and can make some type of future plans, however far in the distant future, to ultimately improve that property. Enclosed is a check in the amount of $1,150.00 as required in order to appeal. I would appreciate a copy of this letter being passed on to the City Council for their review. Thank you for your.time and consideration of the above matters. Very truly yours, CANYON VIEW PARTNERS By: Westwood Communities Corp., General Partner A. Ashkar, President WHITES CANYON ASSOCIATES LTD. By: Bretari Inc., General Partner Jo shkar. President cc. Jeff Lambert, Planning Manager Fred Follstad, Associate Planner PLANNING COMMSSION MEETING January 6, 1998 7:00 p.m. City of Santa Clarita 23920 Valencia Boulevard Council Chambers Santa Clarita, California WELCOME Please fill out a speaker's slip from the back table and present it to the Commission Secretary if you wish to address the Planning Commission on any subject The Commission may only take action on Items listed on this Agenda unless they can determine an urgency exists. If you wish to have an item placed on the Agenda, please direct your request, in writing, to the Director of Planning and Building Services at least seven days prior to the meeting. The Planning Commission meets on the first and third Tuesday of each month. In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at (805) 2554375. Notification 48 hours prior to the meeting will enable the .City to make reasonable arrangements to ensure accessibility to this meeting. (28CFR 35.102-35.104 ADA Title II) CALL TO ORDER FLAG SALUTE ROLL CALL APPROVAL OF AGENDA A- CONSENT CALENDAR RECAP AGENDA 7:01 P.M. COMMISSIONER KIL1,MFYER ALL PRESENT APPROVED 5-0 All matters under the Consent Calendar will be enacted by one motion unless a request is made for discussion, in which case, the item(s) will be removed from the Consent Calendar and will be considered separately following this portion of the agenda. ITEM 1 APPROVAL OF MINUTES OF OCTOBER 30, 1997 ITEM 2 APPROVAL OF MINUTES OF NOVEMBER 4, 1997 ITEM 3 APPROVAL OF MINUTES OF NOVEMBER 18, 1997 ITEM 4 APPROVAL OF MINUTES OF DECEMBER 2, 1997 CONSENT CALENDAR APPROVED IN ITS ENTIRETY WITH ONE 5.0 B. CONTINUED PUBLIC HEARINGS ITEM 5 MASTER CASE NO. 97-146 (REVISED DEVELOPMENT AGREEMENT 91- 003) Applicant: Canyon View Partners Location: At the northerly terminus of Bakerton Avenue, Tambora Drive and Foxlane Drive in the Canyon Country community of the City. Request: The applicant is requesting a modification to an existing development agreement. The modifications would include the removal of a condition requiring the payment of fees toward the development of a park and library site adjacent to Canyon High School and the removal of a condition requiring the payment of a fee towards the improvement of bike lanes in the City. In lieu of these considerations, the applicant would install landscape improvements along Whites Canyon Road. Recommendation: Staff recommends that the Planning Commission adopt Resolution P98-02 which denies the requested amendments to Development Agreement 91-003. APPROVED 5-0 ITEM 6 MASTER CASE 97-147 (REVISED DEVELOPMENT AGREEMENT 91.004, OAK TREE PERMIT 96-026 Applicant: White's Canyon Associates Location: The north side of Whites Canyon Road between Nadal Street and Wildwind Road in the Canyon Country area of the City. Request: The applicant is requesting a modification to an existing development agreement. The modifications would include the removal of a condition requiring the payment of fees towards the development of a park and library site adjacent to Canyon High School and the removal of a condition requiring the payment of a fee towards the improvement of bike lanes in the City. In lieu of these considerations, the applicant would install landscape improvements along Whites Canyon Road. In addition, the applicant is requesting permission to remove the existing oak tree on the site. Recommendation: Staff recommends that the Planning Commission adopt Resolution P98-03 which denies the requested amendments to Development Agreement 91-003, APPROVED 5.0 C. PUBLIC HEARINGS ITEM 7 MASTER CASE NUMBER 97.223 (PREZONE NUMBER 97-002, ANNEXATION NUMBER 1997.02, RESOLUTION P98-05) Applicant: The Newhall Land and Farming Company Location: Northwest corner of Newhall Ranch Road, and McBean Parkway, adjacent to San Francisquito Creek. Request: The City proposed to prezone the project area from Los Angeles County A-2-5 (Heavy Agricultural, 5 acre minimum lot size) zoning to City CC (Community Commercial). Recommendation: Staff recommends that the Planning Commission: 1) Conduct a public hearing; 2) adopt Resolution Number P98-05 recommending that the City Council adopt the proposed resolution approving the Negative Declaration prepared for this project with the finding that the project will not have a significant effect upon the environment and 3) adopt the proposed ordinance approving Prezone No. 97-002 (Master Case No. 97-233, Annexation No. 1997-02). APPROVED 5.0 ITEM 8 MASTER CASE 97-170 (CONDITIONAL USE PERMIT 97-014, ADJUSTMENT 97-008, RESOLUTION NUMBER P98-04) Applicant: The Newhall Land and Farming Company Location: Southwest corner of Magic Mountain Parkway and McBean Parkway, behind the currently developed Spectrum Athletic Club. Request: A conditional use permit to allow for the following: 1) the development of 198 apartment units and 12. townhouse units in the CTC (Commercial Town Center) zone; 2) a maximum building height of 42'-0" and, 3) the installation of gates for the residential project. An adjustment to decrease the project's parking requirement by approximately 16%, to accept 34 tandem parking stalls as required parking, and to accept mature shade trees as cover over the 34 tandem parking stalls. Recommendation: Staff recommends that the Planning Commission: 1) Adopt the attached Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program, fording that the proposed project will not have a significant effect upon the environment; and, 2) Adopt Resolution No. P98-04 approving Master Case 97-170 (Conditional.Use Permit 97-014 / Adjustment 97-008) for the development of 198 apartment units and 12 townhouse units in the CTC (Commercial Town Center) zone, allowing for a maximum building height of 42', permitting the installation of gates for the project, and decreasing the project's parking requirement by 17%, subject to the attached conditions of approval. CONTINUED TO JANUARY 20, 1998 D. DIRECTOR'S REPORT - REPORT RECEIVED ITEM 9 PLANNING COMMISSION TRAINING E. PLANNING COMMISSIONERS REPORTS - RECEIVED F. PUBLIC BUSINESS FROM THE FLOOR - RECEIVED G. ADJOURNMENT: 10:56 P.M. Complete packets are available for public inspection at the City Hall front counter, the Planning and Building Services Department front counter, the Sheriffs substation at 23740 West Magic Mountain Parkway, and the Valencia Branch of the Los Angeles County Public Library located at 23743 West Valencia Boulevard. Thank you for attending your City Planning Commission meeting. It you have any questions or wish to know more about the City and the Planning and Building Services, please call (805) 255-4330 Monday through Thursday, 7:30 a.m. to 5:30 p.m. and Fridays 8:00 a.m, to 5:00 D.M. p1ngcom\jan6-98.rcp FAX NUMBER: FROM: CITY OF SANTA CLARITA TRANSMITTAL SHEET m PAGES (INCLUDING TRANNSMITTAL SHEET) REMARKS: & "� �7 TRANSMITTED BY: . Sharon L. Dawson. City Clerk PHONE: 805-255-4391 DEPARTMENT: City Clerk Division OPPOSMON TO REQUEST TO MODIFY DEVELOPMENT AGREEMENTS RELATING TO TRACTS 46626 AND 47863 Hearing Date: November 4, 1997 Time: 7:00 p.m. Location: City Council Chambers 23920 Valencia Blvd., First Floor Santa CMta, CA 91355 Rather than overwhelming the City Council with numerous letters all attempting, in varying degrees, to make the same points, the undersigned residents of the Oak Grove Tract 27493, directly abutting Tracts 46626 and 47863, have agreed to submit one letter in opposition to the proposed amendments before you. We strongly oppose the requested modifications and it is our wish that this letter be included in the materials that the Planning Commission and City Council will review with regard to its decision to either deny or approve the proposed amendments. To release the developers, White's Canyon Associates, LTD and Canyon View Partners, from previous commitments to the City of Santa Clarita and to the residents would be a detriment to this community. The developers are requesting that they be released from their prior obligation to the City and to the residents of this tract to provide the City with cash payments tobeused in the development of a park and library site adjacent to Canyon High School. The Community of Canyon Country is, by the developers' own admission, "seriously deficient in parks and recreation facilities for everyone's enjoyment." The developers used this land and the monetary donation to sell its residential housing tracts to the City of Santa Clarita and to its residents. The whole idea behind the monetary donation was so that the park would be constructed immediately and not years down the road. In reviewing several hours of previously held hearings it is quite obvious that this park site, the amenities it would provide and the cash payments were a major factor in the Planning Commission's, the. City Council's and the local residents initial approval of this development. The City Council was so excited with the prospect of having this park and the immediate development of it, that a call went out from the City Council to form a Citizen's Advisory Committee to begin the initial planning and development of the park. To allow the developers to renege on what was such a crucial point in the approval of this residential project would be an error. In doing so the City of Santa Clarita would have this fantastic land site and absolutely no funds whatsoever to develop it within the next five to ten years and the residents would be left empty handed. By requiring the developers to satisfy their previously agreed to commitments, the City of Santa Clarita would be able to provide its residents with a much needed and long overdue park site in an area where parks are scarce. In return for being relieved of its monetary obligation the developers offer up a poor substitute by stating that they would construct landscaping improvements from Soledad Canyon Road to Steinway. The only real contribution the developers would be making here would be from Soledad Canyon to Nadel. From Nadel on up to Steinway consists of the new housing development which already requires that certain landscaping needs be meet from the developers. The winners here would be the developers. Their substitution only will aid the in the appearance and the sales of their property. Additionally, throughout numerous conversations and meetings with the developers in the past, the local residents had already been promised lush landscaping and fully maintained and watered slopes to be maintained by a special maintenance district. So in essence, nothing new is being offered by the developers. They are only offering that which had already been promised. In recent years trees have been planted along the parkways of Whites Canyon from Soledad Canyon by the City of Santa Clarita and, residents have, on their own, been making improvements over the last several years. Construction of a "six foot tall concrete panel wale' from Soledad Canyon to Steinway would take away from the rural charm for which Canyon Country is noted for and one of its most desirable features. Additionally, because of its close proximity to a Junior High and High School, this wall would provide an ever increasing temptation for graffiti which would have to be continually removed, thereby giving Canyon Country an undesirable affect. If the developers desire to construct a panel wall to help sell their project to potential buyers, then so be it. However, to release them from their previous commitment to the community to create what will only become a nuisance with its maintenance would be a step backwards in progress. The residents are not willing to release the developers from their prior commitments. Lastly, if the landscaping improvements are of equal value to the cash payments, as stated by the developers, then what real difference would it make to keep with the plan at hand and as a result have a beautiful and much needed park for the local residents? As you can see by the information provided in this letter, a park and possible library site are of much more importance at this time than anything else the developers might provide. It is for the reasons stated above that the local residents are in opposition to the proposed amendment. This is a very critical amendment that the developers are seeking and we urge you to consider all of the consequences when making your decision.- We are confident that once you have weighed all the pros and cons you, too, will see that the residents will benefit far more from a park than any six foot concrete wall or minimal landscaping could provide. We hope that you will not strip us of the only benefit we actually stand to reap from these development projects and that you will unanimously vote to deny their request for amendment. Secondly, the developers are requesting permission to remove one oak tree to correct a geological problem. The geological issues of these two housing projects encompass endless hours of research and testimony and should, perhaps, be reviewed prior to the hearing on this particular amendment. Afterthecountless hours and extensive meetings with the Planning Commission and City Council the developers stated that the oak tree would be fully preserved. Original acceptance of the projects was based on the assurances that the oak tree would remain. Now, the developers, having already been denied once permission to remove the oak tree, are here before you a second time seeking permission to remove the same tree. The developers state that removal is required to correct a geological problem. It is a well known fact that there is an underground spring on the property in question and that lowering and monitoring of the water table has always been a major concern not only to the developers, but to the residents nearest the development as well. However, it is our feeling (and originally until this point, that of the developers) that removal of the oak tree in no way prevents these things from happening. There is plenty of room around the oak tree for the developers to place any irrigation system, above or below ground, necessary to correct any geological problems. Review of previous testimony will support this finding. It is our belief that the developers are seeking removal of the oak tree so that they can come before you again and request the addition of 1 or more houses once the tree has been removed as there will be a large area of land currently not cited for use because of the presence of the oak tree. This land area had been originally slated for a common area to be lavished with trees and landscaping incorporating the oak tree and to be maintained by the developers at no cost to the residents closest to the project. Not only would this have provided the residents abutting the development a means of maintaining some privacy in their yards, but it would have also provided a beautiful scenic area rather than the building of block or brick walls to maintain that same source of privacy. Additionally, the local residents were promised by the developers that they would play a part in the selection of the landscaping to be used in the creation of this common area. It would seem that the developers have forgotten about this as well. If the oak tree is removed and the developers are granted the addition of 1 or more houses down the road, the residents closest to the location of the oak tree inquestionwill have absolutely no privacy whatsoever and will be forced to put up block walls, etc., in order to provide themselves with some means of privacy. It should also be mentioned that an owl currently resides in the oak tree and has for quite some time. Removal of this oak tree may result in the loss of a home for this owl. As mentioned above, the developer has already sought removal of the oak tree once prior and was denied by the City. It is our hope that you will abide by your initial decision and once again deny the request to remove this oak tree. It is important to hold developers to their initial commitments and not allow them to make promises in order to obtain their initial permits and then come in down the road once the project has been begun to make changes which have a major impact on the residents surrounding these projects and on which commitments residents based their decision to support the developers. It is respectfully requested that you, the voice of the people -of the City of Santa Clarita, will make the right decision and deny the requests before you. Additionally, with the potential of El Nino we would like to remind both the City and the developers that there was a promise that there would be thousands of sand bags on hand in case of rain during the building process. We hope that this matter will not be overlooked and that these sandbags will be made available with the crews necessary to fill and stack them. In the past, even in the heaviest of rains, there have been no problems with earth migrating into the yards from the hills . However, at this time there is a lot of loose dirt over the area to be developed and if the El Nino weather pattern does in fact develop,the potential for dirt to migrate into yards of residents and our streets exists: In the event this should occur please be advised that we intend to hold the developers and the City responsible. Sincerely, THE RESIDENTS OF OAK GROVE TRACT 27493 r ul FSa�fh As mentioned above, the developer has already sought removal of the oak tree once prior and was denied by the City. It is our hope that you will abide by your initial decision and once again deny the request to remove this oak tree. It is important to hold developers to their initial commitments and not allow them to make promises in order to obtain their initial permits and then come in down the road once the project has been begun to make changes which have a major impact on the residents surrounding these projects and on which commitments residents based their decision to support the developers. It is respectfully requested that you, the voice of the people of the City of Santa Clarita, will make the tight decision and deny the requests before you. Additionally, with the potential of El Nino we would like to remind both the City and the developers that there was a promise that there would be thousands of sand bags on hand in case of rain during the building process. We hope that this matter will not be overlooked and that these sandbags will be made available with the crews necessary to fill and stack them. In the past, even in the heaviest of rains; there have been no problems with earth migrating into the yards from the hills . However, at this time there is a lot of loose dirt over the area to be developed and if the El Nino weather pattern does in fact develop the potential for dirt to migrate into yards of residents and our streets exists. In the event this should occur please be advised that we intend to hold the developers and the City responsible. Sincerely, THE RESIDENTS OF OAK GROVE TRACT 27493E Y / L cay I %tirrard L. Bradf�:rd :.. .._1 via:: .c:'ti:i�i�r :�.11C'\Ilmtlei"'/i-1 -(?�Y ��-;1'f}�ey7>cd 1%�yeii7i7t1'1Cni ���r: CinCtlt _''+-il'1 raC[� nilnt with the White': i am•an iands.aplm_. fencing & median improvements mCniiVIlCd in yi?ur of Public Hearutg. ^.� aareemcnt modifications are reUuested by the developer because it grill be hard to :i nr_c nous -s if the piospc;,tii.e buyers need to drive thaougtt the perceived " Alias s C ju%on '•arn,.)" TO �.'t W. irk �ilodL:is. is :,Ulidnw auno�t ml" the number of homes .hat >hould be built in those ra .. i to .;could he required to offer some additional money for these modifications. -Inmc library funds should be transferred to the existing library on 5oledad & Sierra for it's i _ oiauon and unprovement. me fun,!s �houid also remain and oo toward the development of additional bike trails c:r,d oihcr r,�crcation vnprovements in the area. R pccm::h submitted, i.d Bradford RECEIVED 0 C T 2 8 1997 :,Ctd41UNITY CE•:ELOPAtENT CITY OF SANTA CLARI`A October 24, 1997 Citv of Santa Clarita 23920 W. Valencia Blvd. Santa Clarita. CA 91355 1ttn: Mavor Ch de Smyth and the Citv Council Re: TR. 47863 Oak Tree MC 97-146 or IMC. 97-147 Dear Mr. Mayor: I am writing to you regarding an oak tree which is on property being developed by Weston Development on «bites Canyon Road between Nadal and Wildwind in Canyon Country. I had hopes since spring that this oak tree would be spared, but now I see a meeting scheduled on November 4, 1997 at City Hall because the developer wants permission to remove it. I would like to urge you to oppose this, as I do. There are so few remaining oak trees in the Canyon Country area. This small tree almost stands as a symbol of survival against all odds since it has survived previous tract development to the east many years ago, before so many oak protection laws were enacted. Personally, I enjoy seeing it each morning on my walk up and down Whites Canyon Road and would like to see it grow and continue growing into the nest centum. I have seen this tree in many seasons, it is roost to a red- tailed hawk, and, again, it seems to me it is the very symbol of why we have created protection for these wonderful trees. I would appreciate anything you could do concerning this tree in hopes of satiing a small but very important part of Canyon Country's natural heritage. Sincerely, ��— D c Schelling 5fA 28219 Stanley Court Canyon Country, CA 91351 (805)252=9407 blarch 23, 1997 City of Santa Clarita 23920 W. Valencia Blvd. Santa Clarita, CA 91355-2196 Attn: Cindy Chau, Planning Tech. Planning Commission Re TR 47863 Oak Tree Dear Ms. Chau Thank you for taking the time to speak to me last week regarding the oak tree off White's Canyon near Foxlane and Nearview in Canyon Country. I understand that permission has been requested to remove this tree by the developer. I also understand that this is not a publicly debatable issue. But I would like to support the idea of sparing this oak tree. As I think of listing reasons to do so, the least obvious yet most important one seems to be that the oak tree just exists in this area where I don't know of too many other oak trees for several miles around. That in itself is quite amazing considering where the tree is and all of the other developments that have gone in over the years in Canyon Country before there was an Oak Tree Ordinance. I am a person who exercises on White's Canyon and I have observed the oak tree in question for many seasons. Looking at it now in light of the development I don't see that it would be too much of an imposition on the developer to save it. The tree is roost to a red -tail hawk and probably home for some birds and small animals. Being so singular in this area it seems to me that it is the very symbol of why we have protection for these wonderful trees. I would very much appreciate it if you would show this letter to the Oak Tree Consultant and to anyone else in charge of making a decision to save this tree. I thank you for your time again and would appreciate hearing from you regarding the outcome. I can be reached at (805)252-9407. My address is 28219 Stanley Court Canyon Country 91351. Sincerely, '124 v c.._. BSc i+iQ Drw Dente Schelling 1 encl. Pi.o+e e V -i An T 73 r.,d tci'd Ad i IMki !loaf 91 1-1 'al ile: Masterf.-aye 'vjmmer-)6-2.1; Wak Tree Permit (A-026� i)�:�,r F �A ... z V - Leave the tree, cut down the developer. I /3 A. An amendment to Annexation and Development Agreement pertaining to VTT No. 46626 (as to VTT 50536, a part thereof) and an amendment to Development Agreement pertaining to VTT 47863 ("Agreements"), to wit: 1. Amend the Agreement for VTT 46626 with regard to paragraph 6(e)(4), which provides for cash payments totaling $500,500.00 plus a sum equal to the increase, if any, in the Consumer Price Index for the period from the date of approval of VTT 46626 to January 1st of the year next preceding the issuance of building permits for dwelling units within said tract, which funds were to be used for the improvement and purchase of equipment and facilities for the joint park and library site; 2. Amend the Agreement.for VTT 46626 with regard to paragraph 6(d)(8), which provides for cash payments per dwelling unit of $1,067.62 plus a sum equal to the.increase, if any, in the Consumer Price Index for the period from the Effective Date of said Development Agreement to January lst of the year next preceding the issuance of building permits within VTT 46626, the total sum of which was to be used by City for development, construction and maintenance of bicycle trails; 3. Amend the Agreement for VTT 47863 with regard to paragraph 6(e).(3), which provides for cash payments totaling $199,500.00 plus a sum equal to the increase, if any, in the Consumer Price Index for the period from the date of approval of VTT 46626 to January 1st of the year next preceding the issuance of building permits for.dwelling units within said tract,. which funds were to be used for the improvement and purchase of equipment and facilities for the joint park and library site; 4. Amend the Agreement for VTT 47863 with regard to Paragraph 6(d)(7), which provides for cash payments per dwelling unit of $1,067.62 plus a sum equal to the increase, if any, in the Consumer Price Index for the period from the Effective Date of said Development Agreement to January 1st of the year next preceding the issuance of building permits within Tract 47863, the total sum of which was to.be used by City for development, construction and maintenance of bicycle trails; and substitute as the uses to be made of the funds (referenced in paragraphs 1, 2, 3 and 4 above) by the City for those uses described below in the listed order of priority of application of funds as set out below as follows: Attachment to Entitlement Application Page 1 of 4 First: Construction and/or installation within the City's right-of-way of walls and fences on both sides of White's Canyon Road from Soledad Canyon Road to Steinway Street, a distance of approximately 1.8 miles, pursuant to.the Developer's improvement plans and specifications prepared by Lee Newman & Associates, dated June 10, 1997; Second: Construction within the City's right-of-way of landscaping and irrigation of parkways on both sides of White's Canyon Road from Soledad Canyon Road to Steinway Street, a distance of approximate.1.8 miles, pursuant to the Developer's improvement plans and specifications prepared by Lee Newman & Associates dated June 10, 1997; and Third:- Construction of a median island in White's Canyon Road starting at Soledad Canyon Road and extending as far toward Steinway Street as funding is available pursuant to the Developer's improvement plans prepared by Lee Newman & Associates, dated June 10, 1997. In the event.the aggregate amount of funds resulting from Developer's payments to City described in paragraphs 1, 21 3 and -- 4 above are insufficient to pay for the improvements described above as First, Second and Third, City may elect, at its sole discretion, as follows: (a) Limit the extent of improvements described in the. First, Second and Third subparagraphs above, but in that order, to the availability of funds from the sources described in paragraphs 1, 2, 3 and 4 above, or (b) To the extent of the amount of fees paid by Developer to City as a condition of VTT 46626 and VTT 47863 pursuant to the Bridge and Thoroughfare Fee, City may determine to make such funds available to be applied to the unfunded portion of the improvements described in the First, Second and Third subparagraphs above, and in that order, which remain to be constructed, and/or (c) To pay for the remainder of the unfunded portion of the improvements described in the First, Second and Third subparagraphs above, and in that order, out of other City funds. The amended provisions of the Agreements shall also provide as follows: Developer shall design and prepare the plans and specifications for said improvements, which shall be plan checked and approved by the City in an expedited manner so as not -to adversely impede Developer's construction schedule. Attachment to Entitlement Application f5 Page 2 of 4 Developer shall construct the said improvements in the.order of priority described above to the extent that there are sufficient City fee credits or funding to cover the cost of such work. The City shall give Developer any City criteria for the preparation of plans and specifications within 10 days of this Application. The Developer shall then prepare plans and specifications for the improvements described in the First, Second and Third paragraphs above, and submit them to City for its review within 45 days. The City shall complete its review within 10 days after receipt so that the entire time of plans and specifications preparation and approval shall be completed in full within 65 days from the date of this Application. If preparation of the plans and specifications cannot be completed within said 65 day time period, at the election of Developer, in its sole discretion, Developer shall notify the City of its choice not to continue; then in such event, said white's Canyon Road improvements shall not go forward, the initial terms of. the Agreements shall be reinstated and Developer shall pay the park improvement and bicycle trail fees set out in the original Agreements. Developer shall prepare and keep an accurate accounting of the amounts it expends to: (i) design and prepare plans and specifications for all of said improvements; (ii) prepare agreement(s) with the City and provide bonds, if necessary, as security for the payment of labor, materials and completion of said improvements; and (iii) construct said improvements and obtain inspections and acceptance thereof by the City, and to the extent of the amounts Developer actually pays for the cost items in (i), (ii) and (iii) above, the City shall credit and relieve Developer from paying the fees previously agreed to be paid by Developer to the City which are set out in Paragraphs 1 through 4 on page 1, and Paragraph (b) on page 2 hereof. Nothing herein shall change or supersede the terms of the existing Agreements with regard to the total amounts agreed to be paid to the City and the time and number of such payments pursuant to the subparagraphs referenced above. In other words, Developer shall not be obligated to pay to City any greater sum nor to make any payments thereof earlier in time than as presently is agreed upon in the Agreements. In the event City and Developer fail to agree upon the terms and provisions of this Amendment to the Agreements, the.existing provisions shall, without change, continue to be mutually binding and enforceable. Attachment to Entitlement Application Page 3 of 4 16 Government Code Section 64868 enables the amending of development agreements in general. The City and Developer join in these amendments to the two Development Agreements for the reasons which follows: 1. The improvements to White's Canyon Road are significant community benefits with regard to traffic safety, sound control and aesthetics; 2. The benefits to be derived transcend benefits to VTT's 46626 and 47863 (and 50536•as a part thereof); and 3. The cost of the park improvements significantly exceeds the funds to be derived from these Development Agreements, and there is no other identifiable immediate source of funds to undertake and complete such improvements. B. Issuance of an Oak Tree Removal Permit, to wit: Project Description Removal of one oak tree in the area of stabilization grading and an installed dewatering system in the White's Canyon slide area. Removal of one oak tree, which will be significantly adversely affected by conditioned corrective grading and the installation of a dewatering system required to stabilize the White's Canyon slide area. C. Modification of Tentative Trace Map No. 47863 Delete Condition No. 84, which prohibited removal of an oak tree within Tract 47863. Removal of one oak tree, which will be significantly adversely affected by conditioned corrective grading and the installation of a dewatering system required to stabilize the White's Canyon slide area. JC:\DoalWestoM065Z-Clarb\Attachto Entitlement App Attachment to Entitlement Application 17 Page 4 of 4 CITY OF SANTA CLARITA NEGATIVE DECLARATION [ X ] Proposed [ ] Final PERMIT/PROJECT: Revised Development Agreements 91-004 and 91-003, and Oak Tree Permit 96-026 APPLICANT: Whites Canyon Associates LTD. and Canyon View Partners MASTER CASE NO.: 96-241, 97-146 and 97-147 DESCRIPTION OF THE PROJECT: The applicant currently has Vesting Tentative Tract Maps and Development Agreements which allows construction of 281 single family residential units on two separate project areas. The applicant is requesting to modify the approved Development Agreements to remove the requirements for cash payments towards the improvement of a park site and library site adjacent to Canyon High School and cash payments towards the development of bike trails. In exchange the applicant would construct landscaping improvements and some median improvements along Whites Canyon Road of equal value to the waived cash payments. The landscaping improvements would include the planting of trees and shrubs adjacent to the sidewalk and in some of the medians, the construction of a six foot tall concrete panel wall along existing residences with Whites Canyon Road frontages, concrete split rail fences in some parkway areas and sidewalks with uniform widths. In addition, the applicant is requesting to remove one oak tree to allow grading to correct a geologic problem. The site currently includes vacant land and residential units under construction. Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15065 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [ ] City Council [X] Planning Commission [ ] Director of Community Development finds that the project as proposed or revised will have. no significant effect upon the environment, and that a Negative Declaration shall be adopted pursuant to Section 15070 of CEQA. Mitigation measures for this project [ ] are not required. [ X ] are attached. [ ] are not attached X\ Prepared by: ���i� Fred Follstad. Associate Planner (Signature) Reviewed by: Jennifer Reid, Associate Planner (Signatur Public Review Period From: 10/15/97 To: 11/4/97 Public Notice Given On: 10/15/97 By: [X] Legal Advertisement. [ X ] Posting of Properties. [X] Written Notice CERTIFICATION DATE: FLF: current\nd97147.flf ENVIRONMENTAL ASSESSMENT (Initial Study Form B) CITY OF SANTA CLARITA ' Lead Agency: City of Santa Clarita 23920 Valencia Blvd. Ste. 300 Santa Clarita, CA 91355 Contact Person & Phone Number: Fred Follstad (805) 255-4330 Master Case or CIP Number: 97-146 & 147 Entitlement Type(s): Revision to Development Agreement(s) and Oak Tree Permit Case Planner: Fred Follstad Project Location (Thomas Bros.): The location of the units to be developed is on the east side of Whites Canyon Road north of Nadel Street and south of Wildwind Road and northerly of the terminus of Foxlane Drive and Bakerton Avenue. The oak tree is located near the western terminus of Nearview Drive. The improvements are to occur along White's Canyon Road from Soledad Canyon Road to Steinway Street. This project is located in the Canyon Country community of the City of Santa Clarita (4461 G-7, H-7, 4551 F-1, G-1) Project Description and Setting: The applicant currently has Vesting Tentative Tract Maps and Development Agreements which allows construction of 281 single family residential units on two separate project areas. The applicant is requesting to modify the approved Development Agreements to remove the requirements for cash payments towards the improvement of a park site and library site adjacent to Canyon High School and cash payments towards the development of bike trails. In exchange the applicant would construct landscaping improvements and some median improvements along Whites Canyon Road of equal value to the waived cash payments. The landscaping improvements would include the planting of trees and shrubs adjacent to the sidewalk and in some of the medians, the construction of a six foot tall concrete panel wall along existing residences with Whites Canyon Road frontages, concrete split rail fences in some parkway areas and sidewalks with uniform widths.: In addition, the applicant is requesting to remove one oak tree to allow grading to correct a geologic problem. The site currently includes vacant land and residential units under construction. General Plan and Zoning Designation(s): The zoning and general plan category for the site is RL (Residential Low). Project Applicant (Name, Address, Phone)- Whites Canyon Associates LTD. and Canyon View Partners, 10960 Wilshire Boulevard, Suite 1960, Los Angeles Cailifornia, 90024 (310) 479- 9900. Surrounding Land Uses and Setting: The site is surrounded by existing single family residential to the south and northwest, multiple family to the south west and the remaining areas are vacant. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement) None (addressed through initial environmental approvals). ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be affected. by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages, (] Land Use and Planning [x] Transportation/ [x] Public Services Circulation [ ] Population and Housing I ] Biological Resources [] Recreation [ ] Geological Problems [ ] Noise [x] Aesthetics [] Water [] Hazards (] Cultural Resources [ ] Air Quality [I Mandatory Tests of Ix] Utilities and Service Significance System [] Energy and Mineral Resources -3- DETERMINATION: On the basis of this initial evaluation: [ J I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [ j I find that the proposed project MAY have a significant impact on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been mitigated adequately in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT, but it must analyze only the effects that remain to be addressed. [ j I find that although the proposed project could have a significant effect on the ' environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Prepared By: ignature) Approved By: (Signatur '13 Fred Follstad/Associate Planner 10/15/97 (Namerritle) Jennifer Reid/Associate Planner 4- (Namerritle) (Date) 10/15/97 (Date) . ENVIRONMENTAL IMPACTS: I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (Source # ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the city? d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? e) Affect a Significant Ecological Area (SEA)? ( ) f) Other ( ) 11. POPULATION AND HOUSING. Would the Proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Create a net loss of jobs? ( ) c) Displace existing housing, especially affordable housing? ( ) d) Other. ( ) GEOLOGIC PROBLEMS. Will the proposal result in: a) Unstable earth conditions or in changes in geologic substructures? ( ) b) Disruptions, displacements, compaction or overcovering of the soil? ( ) c) Change in topography or ground surface relief features? ( ) d) The destruction, covering or modification of any unique geologic or physical features? ( ) e) Any increase in wind or water erosion of soils, either on or off the site? ( ) f) Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? ( ) g) Changes in deposition, erosion or siltation? ( ) h) Other modification of a wash, channel, creek, or river? ( ) .5- Potentlaliy Significant Impact Potentially Unless Less than Significant Mitigation Significant No Impact Incorporated Impact Impact [1 [1 11 1x1 I1 [1 I1 [xl [1 [1 [] Ixl [1 II Il Ixl Il [l Il 1x1 [7 p II [xl [1 [l I] Ix1 [] [] Il Ixl [1 [1 11 Ixl [1 [1 II Ixl [l [] Il Ixl [1 [1 11 [xl [1 [1 Il Ix) [1 [I Il [xl [] Il Ix] [1 [1 11 Ixl [1 [I 11 Ixl [) [] Il [xl 7 Earth movement (cut and/or fill) of 10,000 cubic yards or more? ( ) j) Development andlor grading on a slope greater than 25% natural grade? ( ) it) Development within the Alquist-Priolo Special Studies Zone? ( ) 1) Other ( ) 111. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen, or turbidity) ( ) d) bandy? ( in the amount of surface water in any water e) Changes in currents, or the course of direction of water movements? ( ) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Attered direction or rate of flow of groundwater? h) Impacts to groundwater quality? ( ) I) Substantial reduction in the amount of groundwater otherwise available for public water supplies? 1 j) Other ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) C) Create objectionable odors? ( ) d) Other ( ) A TRANSPORTATIONICIRCULATION. Would the proposal result in: M -M L r J [] Potentially [] IXI [l Significant [1 [XI U Impact [] [XI Potentially unless Leu than [XI Slgnin"rit Mitigation Significant No Impact Incorporated Impact Impact [1 [I [1 IXI [] [I [] [XI [I [1 [I [X] II [1 [] [XI [I [] [I [XI [1 [1 [I [XI [] [1 [] [XI [l [l [1 [X] Il Il [1 [XI [] [I [] IXI [l [1 [1 [XI U [1 [] [XI U [1 [1 [XI [] [1 [1 [XI [1 I] [1 [XI II II [] IXI [1 11 IX] VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? Il Potentially ❑ IXI Significant b) Use nonrenewable resources in a wasteful and [] Impact [] [X] Inefficient manner? ( ) Potentially Unless Less than c) • significant Mitigation significant No resource that would be of future value to the region Impact Incorporated Impact Impact a) Increased vehicle trips or traffic congestion?( ) I1 Il II Ix] b) Hazards to safety from design features (e g. sharp I l II I I IXI DL curves dangerous intersections) or incompatible a) (r Il Il I l IXI c) Inadequate emergency access or access to nearby [] [] [] [X] uses? ( ) d) Insufficient parking capacity onsite or offsite? (] (] (] [X] plan or emergency evacuation plan? ( ) e) Hazards or barriers for pedestrians or bicyclists? [ ] [ ] [X] [ ] ( ) f) Conflicts with adopted policies supporting I1 I I 11 1X1 alternative transportation (mg. bus stops, bicycle racks)( ) g) Disjointed pattern of roadway improvements ( ) (] [] (] [X] h) Other ( ) [] [] [] IXI VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their I I I1 I I IXI habitats (including but not limited to plants, fish, insects, animals, and birds) ( ) b) Oak Trees( ) [1 [] II IX1 c) Wetland habitat or bluelme stream? ( ) [] [] [] [X] d) Wildlife dispersal or migration corridors? ( ) [] [] (] [X] e) Other ( ) [1 [1 [1 1X1 VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? Il Il ❑ IXI b) Use nonrenewable resources in a wasteful and [] [] [] [X] Inefficient manner? ( ) c) Result in the kiss of availability of a known mineral I I [ I U IXI resource that would be of future value to the region and the residents of the State? ( ) d) Other f ) [1 [1 [I 1X1 DL HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of Il Il I l IXI hazardous substances (including but not limited to oil, pesticides, chemicals, or radiation)? ( ) b) Possible interference with an emergency response [] [] [] [x] plan or emergency evacuation plan? ( ) .7. 14 �c .8- a� Potentially Significant Impact Potentially Unless Leas than Significant Mitigation Signhflcant No Impact Incorporated Impact Impact c) The creation of any health hazard or potential health hazard? [] [] (] [x] ( 1 d) Exposure of people to existing sources of potential [] [] [] [x] health hazards (mg. electrical transmission lines, gas lines, oil pipelines)? ( ) e) Increased fire hazard in areas with flammable brush, (] [] [] [x] grass, or trees? ( ) f) Other ( ) [] [1 [1 Ixl X. NOISE. Would the proposal result in: a) Increases in existing noise Levels? ( ) I1 I1 I1 [xl b) Exposure of people to severe noise levels or I7 I1 ❑ Ixl vibration? ( ) c) Other ( ) ❑ I1 ❑ Ixl XL PUBLIC SERVICES. Would the proposal have an effect on. w result in a deed for new or altered government services in any of tate following areas: a) Fire protection? ( ) I I I I I I 1x1 b) Police protection? ( ) [I I] [] Ixl c) Schools? ( ) [] I] II 1xI d) Maintenance of pubic facilities, including roads? 1 ) [] Ix] I] II e) Other governmentsewices? [ ) ❑ II II Ixl Xll. UTILITIES. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ( ) I II II Ixl b) Communications systems? ( ) I] II I] [xI c) Local or regional water treatment or distribution I I II Ix] facilities? ( ) d) Sewer or septic tanks? ( ) l7 [] I1 Ix1 e) storm water drainage? ( ) [] [1 I] 1x7 f) Solid waste disposal? ( ) [] 11 11 Ixl g) Local or regional water supplies? ( ) I l Ixl 11 [ 1 h) Other ( ) [1 11 11 Ix] XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista open to public view? ( ) [ ] [ ] (] [x] .8- a� XVI. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the [ ] [] [] [x] Potentially quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or significant wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal Impact community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Potentially unless Less than California history or prehistory? Significant Mmgatlon significant No short-term, to the disadvantage of long-term, Impact Incorporated Impact Impact b) Have a negative aesthetic effect? ( ) [] [] II Ix] C) Create light or glare? ( ) [] II ❑ [A d) Other ( ) II [] I] Ix] XIV. CULTURAL RESOURCES. would the proposal: where the impact on each resource is relatively small, but where the effect of the total of those a) Disturb paleontological or archaeological Il Il II Ixl have environmental effects which [] resources? will cause substantial adverse effects on human b) Have the potential to cause a physical change which I1 Il I] Ix] . would affect unique ethnic cultural values? ( ) c) Restrict existing religious or sacred uses within the [] [ ] [] [x] potential impact area? ( ) d) Affect recognized historical site? ( ) I] I] II IxI e) Other ( ) ❑ Il [] IxI XVI. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the [ ] [] [] [x] quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve [] [] [] [x] short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) c) Does the project have impacts which are individually [] [] [] [x] limited but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those Impacts on the environment is significant) d) Does the project have environmental effects which [] [] [] [x] will cause substantial adverse effects on human beings, either directly or indirectly? .9- l XVIII. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR • EARLIER ANALYSES AND IF NECESSARY MITIGATED MEASURES: Section Evaluation of Impact 1. UTILITIES Major utility lines and associated facilities currently exist in Whites Canyon Road. The " applicant will connect to these existing services. With the incorporation of the following mitigation measure into the project, no significant impact is anticipated. 1.1. Mitigation: The proposal will be required to connect the necessary utilities to the satisfaction of the City Engineer. Party Responsible for Mitigation: The applicant Monitoring Action/Timing: Prior to certificate of occupancy Enforcing, Monitoring Agency- Transportation and Engineering Services 2. TRANSPORTATION/CIRCULATION The applicant would not be paying funds towards the improvement of bike lanes in the area. However, the applicant is proposing to install traffic medians along an existing roadway. This will reduce the number of potential traffic conflict points thereby increasing traffic safety. With the incorporation of the following additional mitigation measures, the traffic impacts associated with an office use are expected to be less than significant. 2-1. Mitigation:. The applicant shall submit street plans to include the medians. Party Responsible for Mitigation: The applicant. Monitoring Action/Timing: Prior to the issuance of a certificate of occupancy. Enforcing, Monitoring Agency: Transportation and Engineering Services 3. PUBLIC SERVICE The project will increase the need for services provided by Parks, Recreation and Community Services for the maintenance of the landscaped medians and side panels. There will also be a loss of funds to develop the park site. 3.1. Mitigation: The applicant shall submit landscape plans for approval Party Responsible for Mitigation: The applicant Monitoring Action/Timing: Prior to building occupancy -10- r�. ��l Potentially significant Impact Potentially Unless Less than significant Mitigation significant No Impact Incorporated Impact Impact XVII. DEPARTMENT OF FISH AND GAME "DE MINUMUS" FINDING a) Will the project have an adverse effect either [] [] [] [X] individually or cumulatively, on Fish and wildlife resources? Wildlife shall be defined for the purpose of this question as "all wild animals, birds, plants, fish. amphibians, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability.,, XVIII. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR • EARLIER ANALYSES AND IF NECESSARY MITIGATED MEASURES: Section Evaluation of Impact 1. UTILITIES Major utility lines and associated facilities currently exist in Whites Canyon Road. The " applicant will connect to these existing services. With the incorporation of the following mitigation measure into the project, no significant impact is anticipated. 1.1. Mitigation: The proposal will be required to connect the necessary utilities to the satisfaction of the City Engineer. Party Responsible for Mitigation: The applicant Monitoring Action/Timing: Prior to certificate of occupancy Enforcing, Monitoring Agency- Transportation and Engineering Services 2. TRANSPORTATION/CIRCULATION The applicant would not be paying funds towards the improvement of bike lanes in the area. However, the applicant is proposing to install traffic medians along an existing roadway. This will reduce the number of potential traffic conflict points thereby increasing traffic safety. With the incorporation of the following additional mitigation measures, the traffic impacts associated with an office use are expected to be less than significant. 2-1. Mitigation:. The applicant shall submit street plans to include the medians. Party Responsible for Mitigation: The applicant. Monitoring Action/Timing: Prior to the issuance of a certificate of occupancy. Enforcing, Monitoring Agency: Transportation and Engineering Services 3. PUBLIC SERVICE The project will increase the need for services provided by Parks, Recreation and Community Services for the maintenance of the landscaped medians and side panels. There will also be a loss of funds to develop the park site. 3.1. Mitigation: The applicant shall submit landscape plans for approval Party Responsible for Mitigation: The applicant Monitoring Action/Timing: Prior to building occupancy -10- r�. ��l Enforcing, Monitoring Agency: Parks, Recreation and Community Services 4. LAND USE PLANNING, POPULATION AND HOUSING, BIOLOGICAL RESOURCES, ENERGY RESOURCES, RECREATION, AND CULTURAL RESOURCES GEOLOGICAL PROBLEMS, WATER, AIR QUALITY, NOISE, AESTHETICS AND HAZARDS There are no significant permanent or temporary impacts in the areas of Land Use Planning, Population and Housing, Biological Resources, Energy Resources, Cultural Resources, Geological Problems, Water, Air Quality, Noise, Aesthetics, and Hazards with the proposed facility. 30 AGENDA REPORT City Manager Approval Item to be presented PUBLIC HEARING Ken Pulskamn DATE: April 24, 1990 SUBJECT: Prezone 89-002 and Appeal of Vesting Tentative Tract Maps 46626 and 47863 DEPARTMENT: Community Development BACKGROUND: The above items involve two separate requests: (1) A prezoning is necessary for Tentative Tract 46626 since its site is entirely within the County of Los Angeles, and adjacent to the City limits. The site is presently divided between two zones in the County, A-1-10,000 and A-2-1. A prezoning of A-1-10,000 for the entire site has been requested by the applicant; the Planning Commission has reviewed this matter and recommended approval to the City Council of the requested prezoning. Pursuant to the Municipal Code, the Council is the approving authority for a prezoning. (2) The two tentative. maps have been approved by the Planning Commission. A local resident whose property abuts the site of Tentative Tract 47863 has appealed the Planning Commission's decision on both tract maps. Please see the attached letter dated March 30, 1990 from Karen Holder requesting the appeal and stating reasons for the request. Non -substantive changes have been made in the conditions. (The appellant has indicated that condition no. 97 in both tracts [a different subject in each list of conditions, coincidentally numbered the same] was only indicated to apply to one of the two tracts, although it is appropriate to include them.in both tracts. This has now been shown for both projects.) Also, condition no. 77 in VTTM 47863 has been deleted. It. does not pertain to this type of project. Since the Planning Commission's approval action on February 20, 1990, the applicants have secured an agreement from an adjacent property owner to the south to expand the proposed park by an additional seven acres. This expansion would provide two new access points, from Camp Plenty Road and Nadal Street, and would retain existing access from Whites Canyon Road. The expansion provides a 2.5 acre pad fronting on the north side of Nadal Street which would allow siting of an approximately 100 -space parking lot for use by Canyon Country High School to the south. This lot would alleviate existing traffic congestion caused by on -street parking on Nadal Street during school hours. The pad would also provide a site for location of a future library of approximately 15,000 square feet, with additional space to meet library parking requirements on-site. Finally, the expansion -will allow the usable. pad area of the park to be increased from 11 acres to 12 acres. The proposed expansion has been reviewed and accepted by Parks and Recreation Director Jeff Kolin, and by Dr. Smythe of the school district and is considered to be of significant benefit to the commmunity and the school district. .Continued To: Agenda [tern: _ r Page 2 As a measure of comparison, the park site now proposed by the applicants is approximately. 34 acres in area, or twice the size of the recently completed 17 -acre Canyon Country Park. Usable pad area will be 12 acres, or 25Z larger than the 9 -acre Canyon Country site. RECOMMENDATION: 1. Approve the attached negative declarations. 2. Pending public testimony, approve Prezone No. 89-002 and Vesting Tentative Tract Maps 46626 and 47863. 3. Adopt the attached resolutions, with the attached added conditions. 4. Introduce the attached prezone ordinance and pass to second reading. ATTACHMENTS• 1. Letter dated March 30, 1990 from Karen Holder, requesting the appeal. 2. Staff reports dated December 19, 1989, January 16, and February 20, 1990. 3. Negative Declarations. 4. Correspondence received. 5. Draft Council resolutions and ordinance. ID 30 L F ORDINANCE NO. 90-8 AN ORDINANCE OF THE CITY COUNCIL OF THE.CITY OF SANTA CUR TA AMENDING THE OFFICIAL 20NING MAP (Prezone Case No. 89-002) THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby find and determine as follows: a. An application for a prezone and vesting tentative tract map were filed simultaneously with the City of Santa Clarita, June 6, 1989, by Weston Development Corporation ("the applicant'). The property for which these entitlements have been filed is an 80 -acre parcel located north of the existing northerly terminus of Foxlane Drive, Tambora Drive, and Bakerton Avenue. The purpose of the vesting tentative tract map application submittal' is to create 201 lots within the subject site for family residential units. The purpose of the prezone is to request the A-1-10,000 zone (Light Agricultural --one d.u./10,000 sq. ft.) priorto- annexation to the City. Assessor Parcel Nos. 2802-002-010 and 2812-010-008. b. A duly noticed public. hearing was held by the Planning Commission on December 19, 1989, continued to January 16, 1990, and February 20, 1990, at the City Council Chambers, 23920 Valencia Boulevard,Santa Clarita. at 6:30 p.m. c. On February 20, 1990, the Planning Commission adopted resolution no. P90-15 conditionally, approving Vesting Tentative Tract Map No. 46626, and recommending approval to the City Council of Prezone No. 89-002. d. A duly noticed public hearing was held by the City Council on April 24,' 1990 at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon studies—and investigation made by the Planning Commission and the City Council and on their behalf, the City Council further finds and determines as follows: a. The subject property is an 80 -acre -parcel. b. The subject property is presently zoned A-2-1 Heavy Agricultural --one d.u./acre (northerly 40 acres) and A-1-10,000 (southerly 40 acres) in the County of Los Angeles. c. The request is for a prezoning of A-1-10,000 (Light Agricultural --one d.u. 10,000 sq. ft.) for the entire site to authorize the establishment of 201 lots for single family residences. 14 r� Q1 d. The subject property is of a size and shape which lends itself to the proposed uses that would be established as a result of this request. e. That the City is proceeding in a timely fashion with the preparation of a general plan. There is a reasonable probability that this rezoning will be consistent with the general plan proposal which will be studied within a reasonable time. There is little or no probability of substantial detriment to or interference with the future adopted general plan if this rezoning is ultimately inconsistent with the plan. This rezoning complies with all other applicable requirements of state law and local ordinance. f. The prezoning of A-1-10,000 will not result in a significant environmental effect. g. A Negative Declaration has been approved for this project pursuant to the California Environmental quality Act (Public Resources Code Sections 21000 at seq.'). SECTION 3. In acting an the prezoning application. the City Council has considered certain principles and standards, and finds and determines as follows: a. That modified conditions warrant a revision in the zoning plan as it pertains to the subject property; b. That a need for the proposed zone classification exists within the area of the subject property; c. That the subject property is a proper location for the A-1-10,000 zone classification; d. That the requested prezone at the subject property will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice; e. That prezoning the subject property will not ,result in a need for greater water supply for adequate fire protection; and, SECTION 4. Based upon the foregoing, the City Council does hereby ordain that the application for a prezoning is approved, and that the official zoning .map of .the City of Santa Clarita is hereby amended so that the subject property is prezoned A-1-10,000, and shown on the attached map (Exhibit 1). SECTION S. 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 (No. 1989-02) of the subject property to the City of Santa Clarita, whichever occurs last. SECTION 6. of this Ordinance prescribed by law; The City Clerk shall certify as to the passage and cause it to be published in the manner PASSED AND APPROVED this 12th day of June , 1990. J MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) I, George Caravalho , City Clerk of the City of'Santa Clarita, do hereby. certify that the foregoing Ordinance No. 90-_.A_ was regularly introduced and placed upon its first reading at a regular meeting of the City Council an the 12th day of June 1990. That thereafter, said Ordinance was duly adopfl& and passed at a regular meeting of the City Council on the day of June , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boyer, Heidt, Klajic, McKeon, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None x .. ki�2 CITY CLERK ID 33 I EXHIBIT 1 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 46626 GENERAL CONDITIONS Vesting Tentative Tract Map No. 46626 (the "VTTM") shall expire two years from the date of its conditional- approval. The applicant (as hereinafter defined) may file for an extension of the.VTTM by filing an application for extension at least 60 days prior to expiration of the VTTM. Said extension shall not exceed a period of one year. 3. Within 30 days of any change in the status of the applicant or upon designation of a new engineer, the applicant (as hereinafter.defined) shall be responsible for notifying the Department of Community Development, in writing, of any such change. 4. 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, 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 attack, set aside, void, or annul the approval of this Subdivision by the City, which action is. provided for in the 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 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. 5. Details shown on the VTTM are not necessarily approved. Any details which are inconsistent with requirements of ordinances, these general conditions of approval, or City policies must be specifically approved. Page 1 6. The subject property shall be subject to fees, at the rate being charged by the City at the time the applicant seeks building permit issuance,. including but not limited to (1) Los Angeles County Residential Sewer Connection Fee; (2) Interim School. Facilities Financing Fee; (3) Installation or Upgrade of Traffic Signals Fees; and (4) Planned Local Drainage Facilities Fee. This condition specifically does not address bridge and thoroughfare district fees, which are covered by Condition No. 68. 7. During construction of the improvements upon the property which is the subject of this land division, a stop -work order shall be considered in effect.immediately upon the discovery of any historic artifacts and/or remains, at which time the City shall be immediately notified of the discovery. Said stop -work order shall remain in effect -until City terminates said order, which shall not be unreasonably prolonged. In lieu of establishing the final specific locations of structures on each lot at this time, the applicant shall develop the property in conformance with the City Code and other appropriate ordinances, including but not limited to- the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary -Sewer and Industrial Waste Ordinance, Electrical Code',.and Fire Code. Improvements and other requirements may be imposed by the Department -of Community Development and the Department of Public Works pursuant to such codes and ordinances. 9. A grading permit shall be required for any and all off-site grading which is done for the purposes of developing the property covered by these conditions. 10. The applicant shall make the required.deposit to the City prior to City review of documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance. PUBLIC WORKS - ENGINEERING CONDITIONS Map Requirements 11. All easements.existing at the time of final map approval must be accounted for on the approved tentative map, including but not limited to the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeteiminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. If all easements have not been accounted for on the VTTM at the time final map approval is sought, the applicant shall submit a corrected tentative map to the City Engineer for approval. Page 2 fT- 12. All offers of dedication shall be noted by certificate on the face of the final map. 13. The final map shall be prepared by'or under the direction of a licensed land surveyor or registered civil engineer. 14. The final map must be approved by the City Engineer before filing with the County Recorder. 15. The applicant shall quitclaim or relocate existing easements which would otherwise underlie or run through proposed structures. 16. If the applicant intends to file multiple final maps, he must so inform the Department of Public Works and the Department of Community Development at the time the tentative map is filed. The boundaries of each unit of the final map shall be designed to the satisfaction of the City Engineer and the Department of Community Development. 17. If signatures of record title interests appear on the final map, a preliminary.guarantee shall be required for each record title owner. A final guarantee shall be required for each record title owner at the time of filing the final map. If said signatures do not appear on the final map, a title report/guarantee shall be provided showing all fee owners and interest holders and this account must remain open until the final parcel map is filed with the County Recorder. 18. The applicant shall grant to the City or other appropriate agency or entity for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division to the satisfaction of the City Engineer. 19. The applicant shall not grant or record any easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other easements, until after the final map is filed with the County Recorder unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of the tentative approval, a subordination must be executed by the easement holder prior to the filing of the final map. Road Improvements 20. Local street(s) shall be aligned so that the central angles of the right-of-way radius returns do not differ by more than 10 degrees. Page 3 21. The applicant shall provide letter(s) guaranteeing the dedication of slope easement(s) and drainage acceptance by the applicant and the adjacent homeowners respectively,.as required by the City Engineer or Director Public Works. 22. The applicant shall provide at least 40 feet of frontage at the front property line between radial lot lines for each lot fronting on a cul-de-sac or knuckle. 23. The applicant shall be required to install distribution lines and individual service lines for community antenna television service (CATV) for each lot in the subject property. 24. The applicant shall place above ground utilities including, but not limited to, fire hydrants, junction boxes and street lights outside of the sidewalk. 25. The applicant shall install mailboxes and posts for each lot on the subject property per City standards. Approval of the U.S. Postal Service shall be secured prior to installation of mailboxes and posts. 26. Existing trees in dedicated right-of-way or right-of-way to be dedicated shall be removed if they are not acceptable as street trees. The determination as to the acceptability of existing street trees shall be made in the sole discretion of the Director of Parks and Recreation. 27. The applicant shall be required to plant street trees to City standards and specifications unless this condition has been waived by the Director of Parks and 'Recreation because, in his sole discretion, sufficient trees have been placed within an abutting landscaped setback. The applicant shall contact the City Department of Parks and Recreation for street tree location, species, and approved method of installation and irrigation. 28. The applicant shall not grant or record any easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other areas intended to be used by the public or restricted in use until after the final map is filed with the County Recorder unless such easements are subordinated, in writing, by the easement holder to the proposed grant or dedication. . 29. The applicant, by agreement with the City Engineer or Director of Public Works, may guarantee installation of improvements as deemed necessary by the City Engineer or Director of Public Works through faithful performance bonds, letters of credit, or any other acceptable means. Page 4 L r 30. Off-site improvements may be required for "A" Street and Foxlane, Tambora Drive, and Bakerton Avenue if in the sole discretion of the Director of.Public Works such off-site improvements are necessary. 31. Where off-site grading and street improvements are required, it shall be the responsibility of the applicant to acquire -the necessary right-of-way and/or easements, provided, however, that the provisions of Government_Code Section 66462.5 shall be applicable. 32. The centerlines of all local streets shall be aligned without creating jogs of less than 150 feet. A one foot jog may be.used where a street changes width from 60 feet to a 58 foot right-of-way. 33. The centerline radius of each street with (1) a grade in excess of 10%, or (2) a distance of 40 feet betweencurbs shall be a minimum of 350 feet. 34. The design of local streets shall have a minimum centerline curve radii which will provide centerline curves to 100 feet minimum length; provided, however, that reversing curves need not exceed a radius of 1,500 feet and no curve need exceed a radius of 3,000 feet. The length of curve outside of the beginning of curb return shall be used to satisfy the 100 foot minimum requirement. 35. The minimum centerline radius on a local street with an intersecting street on the concave side should comply with design speeds per Road Section's "Requirements for Street Plans" and sight distances per the current standards of the American Association of State Highway Transportation Officials. 36. Street grades shall be permitted in excess of 10% in the following locations: a) "C" Street between "A" Street and "H" Street, and not to exceed 12.4%. b) "C" Street between "G" Street and "H" Street, not to exceed 12.0%. c) "B" Street between "C" Street and "E" Street,.and not to exceed 12.58. 37. The design for intersections of local streets with General Plan Highways shall provide sight distance to the satisfaction of the City Engineer. Additional right-of-way dedication and/or grading may be required. Page 5 Ir 38. The design for intersections of local streets shall provide sight distances to the satisfaction of the City Engineer. Additional right-of-way dedication and/or grading may be required. 39. The central angles of the right-of-way radius returns shall not differ by more than 10 degrees on local streets. 40. The applicant shall provide standard property line return radii of (1) 13 feet shall be provided at all local street intersections, including intersections of local streets with General Plan Highways, (2) 27 feet where all General Plan Highways intersect, or (3) standard property line return radii which are satisfactory to the Department of Public Works. 41. The.applicant shall construct drainage improvements and offer for dedication easements needed for street drainage or slopes. 42. The applicant shall construct full width sidewalks at all sidewalk returns. 43. Theapplicantshall repair any broken or damaged curb, gutter, sidewalk and pavement on streets within or abutting the subdivision as required by the Department of Public Works. 44. The applicant shall construct a slough wall outside the street right-of-way when the height of slope is greater than 5 feet above the sidewalk and the sidewalk is adjacent to the street right-of-way. 45. The applicant shall provide and install street name signs prior to occupancy of the first unit in the subject property. 46. The applicant shall provide temporary turnarounds with a radius of 24 feet within the right-of-way at the terminus of streets. 47. The applicant shall either (1) offer for dedication that portion of the project which lies between the terminus of temporary turnarounds and the tract boundary for or (2) extend the turnarounds beyond the tract boundaries within the adjacent ownerships. 48. Where.applicable, the applicant shall pay fees for signing and striping of streets as determined by the City Traffic Engineer. 49. The applicant shall prepare signing and striping plans for all multi -lane streets and highways within or abutting this land division to the satisfaction of the Department where applicable. Page 6 50. Driveways shall not be constructed within 25 feet upstream of any catch basin on a street with a grade in excess of 6%. 51. The applicant shall offer for dedication to the City or the appropriate assessment district all slope easements at the front property line of "A" street and "B" street, as required by the Director of the Department of Public Works. 52. The applicant shall construct the following required road improvements: Street Curb & Street Street Name Width utter Paving Lights Trees Sidewalk L, D, E, F, G, H 58 FT. X X X X X I, J, K, B, C 60 FT. X X X X X A 64 FT. X X X X X WATER CONDITIONS 53. All lots shall be served by adequately sized water systems facilities, including fire hydrants of sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flows required for the land division are to be determined in the sole discretion of the City Engineer or Director of Public Works. Fire flows required are to be determined in the sole discretion of the Fire Chief. 54. Prior to the issuance of the first building permit for the proposed development, the applicant shall file with the City Engineer a statement from the water purveyer indicating that the water system will be operated by, and water service will be provided to, the project by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided.to each lot. 55. The applicant shall provide all documents or materials necessary to substantiate to the City's satisfaction that there is an adequate.water supply.and a firm commitment from the water purveyor that the necessary quantities of water will.be available to the proposed development. SEWER CONDITIONS 56. The applicant shall submit an area study to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to have insufficient capacity, the Page 7 L V problem must be resolved to the satisfaction of the Director of Public Works prior to theissuanceof the first building permit. 57. The applicant shall, prior to the issuance of the first building permit for this land division or at such time as required by the Director of Public works, (1) install and offer for dedication the local main line sewers and separate house laterals to serve each lot of the land division, or (2) have on file with the City, a City approved and bonded sewer plan which provides in detail for the installation and dedication of the main line sewer and separate house laterals to serve each lot of the land division. Determination of whether or not the applicant shall install and dedicate the above -required improvements or file a plan and bond shall be in the sole discretion of the Director of Public Works. 58. The applicant shall send a print, of the land division map to the.County Sanitation District, with the request for annexation to that District. Such annexation must be assured in writing prior to issuance of the first building.. permit for this land division. 59. Sewer reimbursement charges as determined by the Director of Public Works shall be paid to the County of Los Angeles before the filing of this land division map. GRADING, DRAINAGE. AND GEOLOGY CONDITIONS 60. A grading plan shall be submitted to and approved by the Department of Public Works prior to approval of the final map. 61. The grading plan required by these conditions must be based on a detailed engineering Geotechnical report and must be specifically approved by City's geologist and/or soils engineer and show all recommendations submitted by them. The grading plan shall agree with the tentative map and conditions as approved by the Planning Commission. All buttresses shown on the grading plan to be in excess of 25 feet high shall be accompanied by calculations. 62. Because portions of this project are within a mapped landslide area, (1) all geologic hazards associated with the development proposed for this land division must be eliminated or (2) the applicant shall delineate a restricted useareaapproved by the consultant geologist to the satisfaction of the Geology and Soils Section of the City Public Works Department and dedicate to the City by legal means approved by the City Attorney the right to prohibit the erection of buildings or other structures within the restricted use areas. Page 8 M 63. Because portions of the property lying in and adjacent to natural drainage courses are subject to flood hazard because of overflow, inundation, and debris flows, and because portions of the property are subject to sheet overflow and ponding and high velocity scouring action, the applicant shall provide, prior to filing the final map, drainage plans and necessary support documents to comply with the following requirements which shall be to the satisfaction of, and be approved by, the Director of Public Works: (a) Provide for.the proper distribution of drainage; and (b) Provide drainage facilities to remove the flood hazard and dedicate and show necessary easements and/or rights-of-way on the final map and show on the final map the City's/Flood Control District's right-of-way for storm drains. A permit will be required for.any construction affecting the right-of-way or facilities; and (c) Provide for contributory drainage from adjoining properties and return drainage to its natural conditions or secure off-site drainage acceptance letters from affected property owners; and (d) Comply with the requirements of the approved drainage concept to the satisfaction of the Department of Public Works. 64. The applicant shall submit for approval by the Director of Public Works, a final geotechnical and soil report. That report shall be based upon adequate test borings or excavations, and shall: (1) describe any soil or geologic condition(s) which, if not corrected might lead to structural damage or slope failure; and (2) recommend action likely to prevent structural damage or slope failure. A soil expansion index test shall be required and shall be done in accordance with the procedures of Uniform Building Code Standard No. 29-2. 65. The applicant shall offer for dedication, and said offer shall be accepted, for a Future Street for Foxlane Drive, Tambora Drive, and Bakerton Avenue prior to recording the final map, if said streets are not already dedicated streets. Prior to release of the first house in the subject land division for occupancy, the applicant shall eliminate the temporary turnarounds on Foxlane Drive, Tambora Drive, and Bakerton Avenue and construct curb, gutter, base, pavement and.sidewalk adjacent to or thereon. 66. The applicant shall include in covenants, conditions and restrictions applicable to the subject land division notifications to homeowners of all recommendations and requirements of the geotechnical engineer. Page 9 67. The applicant may only with approval the City Engineer Development. use the non -alternate street section of the Director of Parks & Recreation, and the Director of Community PUBLIC WORKS - TRAFFIC ENGINEERIN 68. Prior to approval of the final map, the applicant shall pay a bridge and thoroughfare fee in the amount of $5,300 per dwelling unit. Said fee amount shall be fixed for the duration of the-VTTM approval. 69. The following traffic mitigations shall be required by the applicants for both this VTTM and.Tentative Tract Map No. 47863. Costs for these requirements shall be assessed for each of the two tracts as follows: (a) On a 50/50 basis, a traffic signal with appropriate signs and street striping shall be installed at the intersection of Whites Canyon Road and "A" Street. (b) On a pro rata basis, "A" Street shall be extended between the boundaries of Tentative Tract Map Nos. 46626 and 47863 to complete a continuous length from Whites Canyon Road to the easterly boundary of the VTTM. This shall include acquisition of right-of-way between the two tracts including off-site easement for future public streets and off=site grading necessary -to accommodate the proposed street. (c) On a pro rata basis, peak -hour parking restrictions shall be installed on Whites Canyon Road on both the east and west sides, north of Nadal Street for which the applicant shall provide and install signage and/or striping as determined in the sole discretion of the City's Traffic Engineer. The applicant shall stripe the approach and departure lanes to the intersection of Whites Canyon Road and Nadal Street (within the existing right-of-way).by restriping and shall provideandinstall any related signing of the northbound and southbound approaches to Whites Canyon Road to provide one additional northbound and southbound lane. All work shall be funded by the applicant and completed to the satisfaction of the City Engineer. FIRE CONDITIONS 70. This property is located within the area described by the Forester and Fire Warden as Fire Zone 4 and future construction shall comply with applicable Code requirements. Page 10 71. The applicant shall provide water mains, fire hydrants, and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. The required fire flow for public fire hydrants at this location is 1,250 gallons per minute at 20 psi for a duration of two hours, over and above maximum daily domestic demand. 72. The applicants shall provide and install 15 Public Fire Hydrants which shall each meet the measure 6"x4"x2 1/211, be made of brass or bronze and.conform to current American Water Works Association Standard C503 or approved equal. 73. All hydrants shall be installed a minimum of 25' from a structure or where a structure is a distance less than 25' from a fire hydrant that structure shall be protected by a two hour fire wall as per map on file, or as otherwise approved by the Fire Department. 74. The applicant shall provide Fire Department and City approved street signs, and building address numbers.prior to occupancy. 75. All required fire hydrants shall be installed, tested, and accepted prior to construction. Vehicular access to the required fire hydrants must be provided and maintained serviceable throughout construction. 76. The applicant shall participate in an appropriate financing mechanism to provide funds for fire protection facilities which are required by new commercial, industrial or residential development in an amount proportionate to the demand created by this project. PARKS AND RECREATION CONDITIONS 77. An in lieu park and recreation fee, or dedication of park land, as determined by the City, or a combination of the two shall be required prior to approval of the final map and in accordance with the Municipal Code. 78. Either a special landscape maintenance assessment district or homeowner's association (a "HOA") shall be formed to have the responsibility and authority to maintain all slopes, and street.trees if the non -alternate street section is used, intheland 'division including, but not limited to, landscaping, irrigation and street trees. The formation of a landscape assessment district or HOA must be disclosed in real estate documents to homeowners. 79. The applicant shall provide access to, and egress from, slopes which are to be maintained by a Landscape Assessment District or HOA by the dedication of easements or other legal means satisfactory to the City Attorney. Page 11 01' COMMUNITY DEVELOPMENT CONDITION 80. Three copies of a landscape plan and fencing plan shall be submitted to, and approved by, the Director of Community Development and the -Director of Parks and Recreation prior to the issuance of building permits. The landscape plan shall show size, type, location of all plants, trees, and water facilities and locations dimensions, and details of the project fencing and/or walls and shall be in conformity with the following standards: a. Fencing for each lot shall be provided in the form of a -decorative masonry block wall, with a cap, at a height of six (6) feet, or other materials as approved by the Director of Community Development. b. View lots may be fenced using a -combination of a base fencing of three (3) courses of masonry with wrought iron the remainder of the distance to the six (6) feet height. Masonry pilasters shall be provided at the intersection of a rear property with a side property line. Lots to be fenced as view lots shall be approved by the Director.of.Community Development.,_ C. Fencing for each lot shall end at the end of the pad for each lot. All remaining slope areas shall be fenced to.give the appearance of a single open space lot. d. Entrances to side yards shall be constructed of masonry wall and wooden gates. No wrought iron shall be permitted at side yard entries except a side yard entry which is not visible from the street. 81. Prior to occupancy, landscaping and fencing for the tract shall be provided and installed in conformity with the landscape and fencing plans. 82. A subdivision entry sign may be permitted in accordance with Section 22.52.970B of the Municipal Code and may be incorporated into tract fencing and landscaping. 83. The applicant shall comply with all requirements of the Zoning Ordinance and the specific zoning for the subject property unless provisions to the contrary are set forth in any approval issued with respect to the development of the subject property or shown on the approved tentative map. Any deviation from zoning requirements shall be made only with the proper approval. 84. The property shall be developed and maintained in substantial conformance with the tentative map. Page 12 �r 85. This grant shall not be effective for any purpose until the permittee.and the owner of the property involved (if other than the permittee) have filed with the Director of Community Development their affidavit stating that they are aware of, and agree to accept,'all of the conditions of this grant. 86. Any violation of any condition hereof or of any law, statute, or ordinance applicable to this land -division and the development of: the subject property shall result in suspension of the entitlement granted hereby and lapse of all privileges granted hereby granted hereunder; provided that the applicant has been given written notice to cease such violation and has failed to cease such violation for a period of 30 days following the giving of such notice. 87. Pursuant to approval and agreement of the applicant, final map approval shall not be granted until the applicant enters into an agreement for school mitigation with the William S. Hart Union High School District, the Saugus Union School District and the Sulphur Springs Union School District. ADDITIONAL CONDITIONS_REQUESTSD BY THE APPLICANT (1-18-90) 88. All model homes for the project shall be located on "A" Street or to the north of "A" Street at a location approved by the Director of Community Development. 89. Prior to occupancy, the new extended streets of Foxlane Drive, Tambora Drive and Bakerton Avenue shall not be opened to through traffic until required to be opened.by the City to obtain occupancy or inspection.approval. 90. Prior to occupancy of the homes along the applicant's southerly property line next to the existing adjacent homes, the applicant agrees to remove the existing fences (subject to each adjacent homeowner's approval) and construct a six (6) foot block wall on the property line common to the adjacent homes and those on the property which is the subject of this land division. In addition, the applicant agrees to install and pay for a six (6) foot block wall.on the west side yard of the homeowner located at 18921 Ermine Street with that homeowner's approval. The applicant shall repair and replace any damage to the landscaping and/or irrigation system of any adjacent homeowner which is caused by the construction of any wall required by this condition. Page 13 rA 91. Prior to submitting the fencing and landscaping plans required above, the applicant shall solicit from the existing property owners whose property abuts the southerly boundary of the subject property for the opinions and comments of those homeowners regarding the location, design and materials to be used in t he construction of wall, landscaping and irrigation on the subject property which lies immediately adjacent to those existing homes. 92. Prior to occupancy, a traffic study shall be conducted by the -City in the existing neighborhood to the south of.the subject property to determine if any additional traffic controls are required. The cost of the study and any controls deemed required shall be borne by the applicant. Additional controls which may be required by the City as a result of the traffic study may include, but shall not be limited to, any necessary signal modifications at the intersectionofwhites Canyon Road and Nadal Street, and potential use of speed bumps or humps or raised ceramic pavement markers. Property owneis within 400 feet of the southerly boundary of the subject,property shall be notified by the City of the results of the study. 93. Prior to commencement of any grading, the applicant shall hire, at applicant's cost, an inspector to inspect any home and property within 400' of the southern boundary of this land division, from whose owner the applicant receives a written request so to do, to create a bench mark inspection from which to help determine if any grading on the applicant's tract causes any damage to the adjacent existing homes. Any damage determined to be caused by the applicant will be repaired at the applicant's expense. CITY COUNCIL AMENDED CONDITION (5-22-90 In implementing this condition, the City will send copies of the final conditions approved for this project to each property owner within 400' of the project, as set forth above. The City shall include a cover letter explaining the purpose of the documents and the owner's right to request inspection per this condition. A form will be included which property owners will be invited to return as a written request for inspection. The results of all inspections performed by the applicant shall be made available to the City. Upon their receipt, the City shall notify each property owner who returned the form that the results have been filed with the City and shall make these results available to individual property owners who may, if they chose, obtain a copy of their own inspection report. All property owners will in addition have access to public information on file. Page 14 L ADDITIONAL COMMUNITY DEVELOPMENT CONDITIONS (1-16-90) 94. The applicant shall comply with the mitigation measure prescribed in the biological resources report for the site, dated January 8, 1990. ADDITIONAL CONDITIONS REQUESTED BY THE APPLICANT 12-20-9 95. To reasonably insure the safety of the adjacent property during the grading process, the applicant shall install a chain link fence, along the southern property line of the subject property with adjacent homes. The fence shall be designed to perform beyond normal standards in protecting adjacent homes from the results of grading. Such fences shall require approval by the Department of Public Works before installation. 96. A monitoring system for ground movement shall be established within the southern off-site tract street and sidewalk network to establish a baseline reference six (6) months prior to the commencement of any proposed grading activity. Such monitoring shall continue through the grading process until the grading is completed within five hundred (500) feet of the tract boundary. Thereafter, such monitoring shall continue for a period of six (6) months following the completion of grading activity in said area. Said monitoring system shall be read and examined once a month. The survey points stall be established in an area within five.hundred (500) feet of the tract boundaries. 97. In addition to the monitoring devices required above, the applicant shall establish survey monitoring points along its.southern tract boundaries near the off-site property corners three (3) months prior to the commencement of grading activity. These survey points shall be read on a monthly basis until such time as construction activity commences. Thereafter, these survey points shall be read once per week until such time as grading activity is completed within five hundred (500) feet of the tract boundary. The survey points shall then be read on a monthly basis for a period of six (6) months following completion of said area. 98. Prior to the commencement of the monitoring required by conditions noted above, the applicant shall notify the City. The applicant shall make all survey data and monitoring results available to the City of Santa Clarita, to its representatives, and to applicant's consultants for the purposes of -analysis and review. Page 15 ADDITIONAL COMMUNITY DEVELOPMENT CONDITIONS (3-6-901 99. During grading and construction, no traffic shall be permitted ingress and egress of the site via Foxlane Drive, Nearview Drive, Tambora Drive and Bakerton Avenue. All vehicles entering the site shall be required to use Whites Canyon Road as the point of ingress and egress. 100. The applicant shall request and support annexation of the subject property to the City of Santa Clarita. Successful annexation to the City and recordation of said annexation by the County Recorder shall be required prior to approval of the final map. CITY COUNCIL NEW CONDITIONS (5-22-90) 101. During grading of the site, small equipment shall be used within five hundred (500) feet of any existing residences to minimize vibration. Any excessive vibration may be reported to the City which may recommend additional mitigation measures. 102. In furtherance of Condition No. 93 above, the applicant shall maintain throughout construction or for six (6) months after the date the City has certified for rough grading for the last fifteen (15) homes, whichever event. occurs later, its General Liability Insurance with limits of not less than six million dollars ($6,000,000.00), insuring the applicant and the City against damage resulting from such grading to any home or property within 400 feet of the south boundary of this land subdivision. 103. The number of residential Certificates of Occupancy which may be obtained by the applicant(s) for Vesting Tentative Tract Map Nos. 46626 and 47863 prior to November 1, 1992, or the completion and opening of the whites Canyon Bridge over the Santa Clara River, whichever comes first, shall not exceed a combined maximum total of one hundred (100). Per 'agreement of the applicant(s), VTTM 46626 shall be eligible to request and obtain a maximum of seventy-two (72) of these Certificates of Occupancy, with VTTM 47863 eligible to request and obtain a maximum.of twenty-eight (28). Transfer of the Certificates of Occupancy allocation is not precluded by this condition, but is subject to written agreement between the applicants and approval by the Department of Community Development. Upon completion and opening of the Whites Canyon Bridge or November 1, 1992, whichever comes first, the applicant(s) may request any remaining Certificates of Occcupancy as normally required for completion. Page 16 AGENDA REPORT PUBLIC HEARING DATE: September'24, 1991 19 . City Manager Approval Item to be presented by: Lynn M. Harris SUBJECT: Request for Development Agreement 91-003 to allow ten years for the build -out of Weston's approved Vesting Tentative Trart Map 46626 for 201 homes on 80 acres. VTTM 46626 is located north of Whites Canyon Road, north of the terminus of Foxlane Drive, Tambora Drive and Bakerton Avenue. DEPARTMENT: Community Development BACKGROUND The applicant, Weston, is requesting a development agreement for ten years to .develop VTTM 46626 in accordance with standards currently in effect. The City Council approved VTTM 46626 on May 22, 1990. Other project approvals considered with VTTM 46626 are Zone Change and Prezone 89-002 and Annexation 89-002. On August 6, 1991, the Planning Commission unanimously approved Resolution P91-34 certifying the negative declaration and recommending approval of this development agreement, with' modifications, to the Council. ANALYSIS Under VTTM 46626 approval, Weston was- conditioned to pay double the Bridge and Thoroughfare. District fees ($5,300 per unit), pay 50Z of the cost of a traffic signal' at the intersection of "A• Street and Whites Canyon Road, and construct off-site improvements for "A' Street. Weston together with American Landmark, the applicant for VTTM 47863, proposed to satisfy the park obligation for both projects by donating a 28 acre park site and $700,000 to the City. These developers also agreed to try and obtain an additional 7 acres of land adjoining the 28 acres for dedication to the City as a possible library site. On July 16, 1991, the Planning Commission approved Tentative Parcel Map 22398 which includes the donation of the 7 additional acres to the City. The costs of processing the parcel map are being paid by Weston and American Landmark. The development agreement includes the following additional consideration beyond that of the original tract approval: * The 28 acre park site and the 7 acre library site would be given to the City by December 31, 1991, regardless of whether or not the Weston or American Landmark tracts record. The 35 acre park/library site is valued at $510,000. O * $500,500 (Weston's share of the $700,000) would be given to the City upon the issuance of the first building permit for VTTM 46626. This cash donation would now be increased yearly based'on the January CPI from the date of original tract approval, so thatthe actual amount is already greater than $500,500. * The $5,300 per unit BTD fees would now be increased yearly based on the January CPI from the date of original tract approval, so this amount is already greater also'. * A new fee of $1,067.62 per unit for development of bicycle lanes in the City is proposed and would be increased yearly by the January CPI from the effective date of the P,evelopment Agreement. The Development Agreements for Weston and American Landmark would result in $300,000 plus CPI for bicycle lane development in the City. The advantages of approving the requested Weston and American Landmark Development Agreements are that the dedication of the park/library site would occur regardless of whether or not VTTM 46626 or VTTM 47863 record. The City would. receive $700,000 plus CPI for park/library site grading. The City would receive $300,000 plus CPI to design and construct new bicycle trails, removing the need for a bicycle lane on Soledad Canyon Road. Additional traffic lanes could be added to Soledad Canyon Road within the existing right-of-way, providing circulation benefits for the community. The disadvantages are that the improvements related to the project may not be constructed as quickly and the project will be exempt from any new. ordinances or moratoriums. RECOMMENDATION Since publication. of this public hearing for this project, the applicant has requested that the.project be continued to the next available meeting. This request is based on the following: (1) The Assistant City Manager, Pulskamp has been the lead staff person for this project from the date that he was the acting Community Development Director; (2) Mayor Boyer has also requested that the project be continued in order that he may participate in the hearing. Staff recommends the project be continued until October 8, 1991. 1. Ordinance 91-40 2. Development Agreement 91-003. 3. Minutes of Planning Commission dated August 6, 1991, and July 16, 1991. 4. Staff Reports dated August 6, 1991, and July 16, 1991. 5. Negative Declaration and Environmental Assessment. 6. Planning Commission Resolution No. P91-34. 7. Project Site Plan. 1441414,HWIVA L SWAM �S VICINITY MAP 1 CASE N O . PREZONE 89-002 -b t N 0 3 8 8 9 0 4 B 1030 - 29 - 35 SEC 17 T4N R ISN as �•n i O � 3s t9 U 1 lD yHR' F' lD P E X H I B I T 1 m - A-1-10,000 r 1 lD lD P U Q Prezone co m - A-1-10,000 r 1 Ul CITY OF SANTA CLARITA I N T E R O F F I C E M E M O R A N D U M TO: Lynn M. Harris, Director of Community Development FROM: Donald M. Williams, Associate Planner / DATE: July 17, 1990 SUBJECT: Conditions Imposed on Vesting Tentative Tract Maps 46626 and 47863 by the City Council on May 22, 1990 Per the direction of the City Council at their hearing on May 22, 1990, I have drafted one of the two new conditions imposed on the.above-referenced projects. It was the Council's direction, as you may recall, that the two tracts combined could obtain no more than 100 building permits prior to November 1, 1992, or the completion and opening of the Whites Canyon Bridge, whichever comes first. I have also included language to close possible loopholes, and to allow the.two r affected developers flexibility in mutually determining which will use the permits. If this draft language meets with your approval, please let me know and I will have it added to the already approved final conditions. (Or do we need to have it reviewed by the Council?) DRAFT CONDITION NO. 103 (Added by the City Council on 05/22/90) "The number of residential building permits which may be obtained by the applicant(s) for Vesting Tentative Tract Map Nos. 46626 and 47863 prior to November 1, 1992, or the completion and opening of the Whites Canyon Bridge over the Santa Clara River, whichever comes first, shall not exceed a combined maximum total of one hundred (100) permits. Per agreement of the applicant(s), VTTM 46626 shall be eligible to request and obtain a maximum of seventy-two (72) of these permits, with VTTM 47863 eligible to request and obtain a maximum of twenty-eight (28) permits. The 100 permit maximum limit includes all residential unit building permits, including those obtained for the construction of model homes. Transfer of building permit allocation is not precluded by this condition, but.is subject to written agreement between the applicants and approval by the Department of Community Development. Upon completion and opening of.the Whites Canyon Bridge or November 1, 1992, whichever comes first, the applicant(s) may request and obtain any remaining building permits required for project completion." Lynn M. Harris -2- July 18, 1990 As you know, the second condition (regarding the Council's direction to the developers that "safety bonds" be obtained to protect existing residential properties adjacent to.these projects) has become problematic. I will be working with Mr. John Ashkar (Weston Development Corporation) next week .to identify a mechanism to implement the Council's direction. I will keep you apprised of this effort. If you have any questions concerning this memo, please let me know. Thank you. cc: Chris Trinkley DMW:sw L r CITY OF SANTA CLARITA ' v M , STAFF REPORT SAME CM -R F -POR VESTING TENTATIVE TRACT MAP NOS. 46626 and 47863 !C PREZONE 89-002 TO: Chairwoman Garasi and Members of the Planning Commission FROM: Mark -Scott, Director of Community Development DATE: January 16, 1990 (continued from December 19, 1989) APPLICANT: Weston Development Corporation and American Landmark Development, Inc. LOCATION: North of the northerly terminus of Foxlane Drive, Tdmbora Drive, and Bakerton Avenue (VTTM 46626) and Whites Canyon Road, east side, approximately 600 feet north of the intersection of Nadal Street and Whites.Canyon Road. (VTTM 47863). RECOMMENDATION• 1. Approve the attached negative declarations with corrections as noted with the finding that the proposed projects will not have a significant effect on the environment. 2. Approve modification of street grades in excess of 102 up to a maximum of 12.55. 3. Approve Vesting Tentative Tract Map Nos. 46626 and 47863 based on the required findings and subject to the attached conditions of approval as modified (See additional conditions nos. 97-102 for 46626 and conditions nos. 89-91 for 47863. Condition no. 31 for both tract maps is proposed to be modified,. and a new Condition no. 103 is proposed for Vesting Tentative Tract Map 46626 and no. 92 .for Vesting Tentative Tract Map 47863.) 4. Recommend approval to the City Council of a prezoning of A-1-10,000 for VTTM 46626. 4. Adopt the attached resolutions. BACKGROUND: At its meeting of December 19, 1989, the Planning Commission conducted a public hearing on the above entitlements and continued the matters to the January 16, 1990 meeting, with the public hearings being left open. The purpose of the continuance was for the staff to provide new or additional information on the following subjects: 1. Cluster arrangement of lots. 2. Drainage relating to adjacent existing neighborhoods. 3. Wildlife displacement. 4. Use of contour grading. 5. Traffic a.) Mitigation related to existing streets. b.) Cumulative.impacts. 6. Relationship to the General Plan. L �r Additionally, staff has provided the Commission with applicant requested additions to the conditions of approval and staff requested corrections to the negative declarations. 1. Cluster arrangement As described in the staff report the land use category of this vicinity in the SCV Areawide General Plan is Hillside Management (HM). A subdivision proposed in this classification normally is designed in a cluster arrangement so that grading and development in the 501 and above slope areas is generally avoided. The design of these projects is not arranged in a cluster concept. The site areas are too small to make.effective use of a cluster arrangement. The configuration as proposed is in character wixh the vicinity. A cluster arrangement might work well if a condominium project were proposed. The slope analysis map (available at the hearing) shows that the 501 and above slope areas are dispersed throughout the two sites. VTTM 46626 indicates 16 acres of the 80 -acre site is in the 501 and above slope area. Approximately 201 of the site is in the 501 and above areas. VTTM 47863 has 8 acres of the 32 -acre site in the 501 and above slope areas. Approximately 251 of the site is in the 501 and above slope areas. Because of the relatively low percentage of site areas in the steep slope category and the fact, that the steep slopes are dispersed, the cluster concept would not work well for these projects. 2. Drainage When property is developed, it is required to be designed so that it drains within its boundary. It was mentioned at the hearing that drainage from the sites of the two proposed tracts drains onto existing adjacent neighborhoods. These drainage problems will be corrected as part of the grading of the two tracts. The result will be that the new drainage will be a solution to an existing problem. 3. Wildlife displacement See attached reports by Independent Environmental Consultants, entitled "Biological Resources for Tentative Tracts 46626 and 47863' (separate report for each tract). In particular, the section (on page 6 of both reports) labeled "Impact of Development• indicates the author's conclusions. A new condition of approval (no. 103 for Vesting Tentative Tract Map 46626 and no. 92 for Vesting Tentative Tract Map 47863) is proposed to mitigate soil run-off that may affect the Santa Clara River. 4. Use of contour grading See attached revised tentative maps for both tracts. Sculptured contours are shown for manufactured slopes in a few locations. 5. Traffic a.) Mitigation as it relates to existing neighborhoods has been addressed by the applicants. Both applicants furnished a letter at the December 19th hearing agreeing to fund a study to be conducted by the City that would identify necessary additional traffic controls in the existing neighborhood (Foxlane Drive, Tambora Drive, Bakerton Avenue, Cabral Street, etc.). Should new traffic controls be deemed necessary, they will be installed at the applicants' expense. t r b.) Cumulative impacts have been addressed in the traffic study. The roadway network assumed to be in place at the time of completion of both tracts does include the Plum Canyon Road/Whites Canyon Road connection. All known approved and pending projects that would be considered as infill projects within this corridor have been accounted for in the cumulative impacts analysis of the traffic study. There are only two additional parcels in the vicinity that may support additional development. Each is 40 acres in size and is addressed in a supplemental traffic study. One of the 40 acre parcels has a major ridgeline running through -it, and therefore has limited development potential. Potential applicants have talked to staff about 20 homes on the 40 acres. The conclusion of the supplement is that the two additional parcels do not change either the conclusions reached nor the prescribed mitigation measures of the original traffic study for each tentative map. In the original traffic study, a total of 46 pending and approved projects were assessed, in addition to all existing development .in the Whites Canyon/Plum Canyon corridor. 6. General Plan As a new City, the City of Santa Clarita is currently in the process of developing its first general plan. In the interim, the County of Los Angeles General Plan has served as a general guideline. The County's Santa Clarita Valley Areawide General Plan designation for these properties is HM, Hillside Management. This designation would allow approximately 12 to 67 units total on both sites. Pursuant to the Santa Clarita Valley Areawide Plan, residential densities in excess of the low density threshold (12 units for both sites) would require performance review and a conditional use permit. The County General Plan also encourages clustering of residential uses in hilly and mountainous areas to minimize grading and to preserve the natural terrain where consistent with existing community character and specifies that a minimum of 702 of a project site in this designation shall be retained in a natural or open condition. Since Tentative Tract 47863 is within the incorporated City limits, the.County General Plan is not binding, however, it is used as a guideline at the. present time. Tentative Tract 46626 is currently under the jurisdiction of the County of Los Angeles and the County General Plan governs this property until such time as it is annexed into the City. The County's recently released General Plan Update does not propose a General Plan Amendment in this area. (See attached vicinity maps of County General Plan Designations and Zoning.) The City's General Plan Advisory Committee has developed three preliminary general plan maps which are currently being refined into a composite to reflect a preferred land use alternative.. Of the three preliminary maps,. only one has applied a designation to these properties. It is believed that the other two maps were not completed in this vicinity. Preliminary Map No. 1 designates these properties and the,general area for low density residential use. For the purposes of the preliminary mapping, the low density residential designation was assumed to contain a broad density range of from 1 to 5.6 units per gross acre. More finite ranges are currently being considered, including a low density range of .9 .to 3.2 dwelling units per gross acre. The submitted tentative tract maps, which propose 2.5 dwelling units per gross acre, would be consistent with both of these density ranges. Again, it must be emphasized that the general plan designations, density standards and other goals and policies have not been adopted and are at a preliminary stage at this time. ` - MI5- 3 The draft goals and policies which are currently being prepared by the General Plan Advisory Committee have been reviewed for their relevance to the subject projects. In addition to policies regarding clustering similar to the County Plan, numerous draft policies relate to ridgeline preservation. One such policy specifies that a ridgeline preservation ordinance should be adopted that identifies prominent primary and secondary ridgelines which shall not be modified and which shall be preserved as. open space, further incorporating sensitive slope and grading regulations for interface with such primary and, secondary ridgelines. Although primary and secondary ridgelines have not yet been identified, it is believed that the ridgeline above the subject projects, which separates Soledad Canyon from Plum Canyon and serves as a primary backdrop for the Canyon Country area, will be identified as either a primary or secondary ridgeline which should be preserved. Other draft policies indicate that hillside grading standards should be developed to minimize the hazards of erosion and slope failure and that landform grading standards should be implemented which minimize the impact of grading operations and foster replication of naturally recurring landforms. Although the subject projects do not propose clustering, development and grading activities have been pulled off of and are not proposed on the crest of the ridgeline. House pad elevations would be approximately 106-200 feet below the main ridge above the property. The pad for the proposed water tank site in the northeast corner of the property would be approximately 100 feet below the main ridge. Certain contour grading techniques are being -proposed which will lend a more natural appearance to the manufactured slopes within the tracts. In addition, project development and grading will correct existing slope failure areas. The project engineer is currently restudying the upper elevations of the proposed project and will be providing additional cross-sections and renderings for the Commission's consideration at the public hearing. The intent of the additional illustrations is to clearly show the proposed distance between the house rooflines and the top of the ridgeline, and provide a visual illustration of the projects as they would appear after construction. Areas of restudy include the northwest corner of Tentative Tract Number 46626 with respect to the distance between the top of the ridgeline and elevation of development activities as well as the visual impact of the proposed water tank in the northeastern portion of the tract. Other draft general plan policies which the proposed projects are addressing relate to goals and policies to acquire future park land and the high priority placed upon provisions for schools and roads. The project proponents have gone beyond minimum requirements and have addressed these needs by agreeing (1) to pay double the current assessment of the Bridge and Thoroughfare District fee; (2) to dedicate a 30 acre park site and provide $700,000 in park and improvement monies; and (3) to pay full School District fees. Inconsideration of the community benefits proposed in connection with these projects and the hillside sensitivities incorporated into the design, staff continues to believe that these projects will be consistent with the General Plan proposal currently being considered. The Commission should be aware that' the decision on these projects may have implications for the undeveloped land to the east and north of these properties, some portion of which may be before the Planning Commission in the near future. Staff will be happy to address any additional, questions the Planning Commission may have concerning these nearby areas. ` X15 -q, 0 Staff Requested Corrections to the Negative Declarations At the December 19, 1989, meeting some confusion was created by the trip generation volumes shown in the negative declarations of the 2 projects. Item 13a in both documents indicates the daily trips generated by both projects (over an average 24-hour day) and both the a.m. and p.m. peak hour trips. When the 2 negative declarations were made available, the trip generation numbers indicated for both projects were inadvertently indicated as being the same. The figures for the VTTM 47863 were indicated for both projects; at the Planning Commission Meeting the correct figures for VTTM 46626 were shown hand corrected in the negative declaration. However, some members ofthepublic saw the early version (incorrect), while others saw the corrected version. Among the mitigation measures listed is No. 13a which proposes to restrict any occupancy of either tract until the Whites Canyon Road/Via Princessa/Highway 14 connection is completed. After the negative declaration was prepared, it wasdetermined that this mitigation measure was not required. Therefore, it was not included within the conditions of approval. Accordingly, it should be deleted from the mitigation measures in the negative declaration. This circumstance arose from the fact that after writing the negative declaration, it was learned that the schedule for completion of Whites Canyon Road to Highway 14 is due to occur by November, 1992. The applicants have indicated that the earliest possible occupancy of the two tracts is early 1993. Even if the schedule for the road and bridge improvements is delayed,. it is anticipated that only a short period of time would occur, where the homes might be occupied and the road improvements may not yet be completed. Additional Conditions Requested by the Applicant (VTTM 46626) 97. Prior to occupancy, themodelhomes for the project shall be located on A Street.or to the north of A Street. 98. Prior to occupancy, the new extended streets of Foxlane Drive,. Tambora Drive and Bakerton Avenue shall not be opened to through traffic until required to be opened by the city to obtain occupancy or inspection approval. 99. Prior to occupancy along the applicant's southerly property line next to the existing homes, the applicant agrees to remove the existing fences (subject to each homeowner's approval) and construct a six (6) foot block wall on the property line. In addition, the applicant agrees to install and pay for a six (6) foot block wall on the west side yard along Foxlane Drive of the homeowner located at 18921 Ermine Street. The applicant shall repair and replace any damaged landscaping and irrigation due to the wall installation. 100. Prior to occupancy, the property owners, whose property is immediately adjacent to the southern property line of the proposed tract, will be notified by the applicant and solicited for their opinions and comments as to the location, design and materials used in the construction of the walls, fencing, landscaping and irrigation which is immediately adjacent to the existing homes prior to the fencing and landscape plan being submitted to the City for review and approval. pt-. 101. Prior to occupancy, a study shall be conducted of the existing neighborhood to the south to determine if any additional traffic controls are required. The cost of the study and any controls deemed.required shall be borne by the applicant. This may include any necessary signal modifications at the intersection of Whites Canyon Road and Nadal Street. 102. Prior to occupancy and upon receiving individual approval from each homeowner adjacent to the applicant's southerly boundary, the applicant will hire, at his cost, an inspector to survey each home and property as to its .existing condition to create a bench mark survey in which to determine if any grading on the applicant's tract causes any damage to the adjacent existing homes. Any damage determined to be caused by the applicant will be repaired at the.applicant's.cost. Additional Conditions Reouested by the Applicant (VTTM 47863) 89. Prior to occupancy, the property owners, whose property is immediately adjacent to the easterly property line of the proposed tract, will be notified by the applicant and solicited for their opinions and comments as to the location, design and materials used in the construction of the walls, fencing, landscaping and irrigation which is immediately adjacent to the existing homes prior to the fencing and landscape plan being submitted to the City for review and approval. 90. Prior to occupancy, a study shall be conducted of the existing neighborhood to the east to determine if any additional traffic controls are required. The cost of the study and any controls deemed required shall be borne by the applicant. This may include any necessary.signal modifications at the intersection of Whites Canyon Road and Nadal Street. 91. Prior to .occupancy and upon receiving individual approval from each homeowner adjacent to the applicant's easterly boundary, the applicant will hire, at his cost, an inspector to survey each home and property as to its existing condition to create a bench mark survey in which to determine if any grading on the applicant's tract causes any damage to the adjacent existing homes. Any damage determined to be caused by the applicant will be repaired at the applicant's cost. Staff reouested modification (for both tentative maps) 31. Where off-site grading and street improvements are required, it shall be the sole responsibility of the applicant to acquire the necessary right of way and/or easements. Should theapplicant be unsuccessful in making the necessary acquisition, the City shall be required to use its authority of eminent domain. If this occurs, the City's expense shall be borne -by the applicant. Additional Community Development condition no. 103 for VTTM 46626 and no. 92 for VTTM 47863 The applicant shall comply with the mitigation measure prescribed in the biological resources report for the site dated January 8, 1990. N Q U2 ut N 2 `` VTTM 46626 M. 1 - P PZ 89-002 Uz VTTM 47863 U ark 4 N \P4- CU 2 U2 USM y, U2. n _U3 ur GI N2 Ul ,N2 N4PROJECT SITE Nil <— WESTON CITY OF SANTA, HM U 2 AMERICAN LANDMARK g HM PROPOSED PARKSITE 2 C i t N I F \ P a W/ S G��' CL�v' g U3 W U3 / M U2. U3 �� !U"cam . IP, ,. ... ��y � 3 U 2 / u4;Fp b � �V 3 N' 3 s SOLEDAD /C L t p . I r LI DID G\ M CCYN P U21 — W/S c / (2:) U ZU 4 �.spi l u 4 U 3 U3 SPI \ . � p .•: �� ,.•SPI• U3 C _ c P\� -- . AJ� Gam' HM . p St. P - ` HM COUNTY GENERAL PLAN DESIGNATIONS 1190 `'15' 7 VTTM 46621E PZ 89-002 owe *Owe *Oweow ' 3 �%%NVTTM 47863 A-2-1 WESTON DEVELOPMEN , ` R ' ` A' ,. , .... _ %PROJECT SITE RPD-5-1.1Ua ..� _ Ohl AMERICAN A-1-10000 -'DEVPMENT I 1 !• 7 \ � ( II :1 � :� x� '� Q•1 . � ��, _�ro �` A i 10000 1� 1 I� 1, ! R-1-10000 1 � b»# � xY•K 3. 1 A-1 •.aoo L___ a.. PROP SEDIPM rvS11 R A-1-10000 R-1-60000. `R-1-7000 +•ter..: •i,l;�. �\ \ L'_ i i� 'J �.�� \� \ �... ..c — Ian-_r --_ ''I•� �. - I�I�`- `11 'l��i I Myr .: J�~ )y fr f lam"]-1� N3iY�.'.\ M•l� � 1 � i Uj I VER i ... \ f.f 7 \\ V/✓� �Lti.f�f � � \�M1 'v ZONING 1/90 r CITY OF SANTA CLARITA STAFF REPORT VESTING TENTATIVE TRACT MAP NO. 46626 PREZONE -89-002 TO: Chairwoman Garasi and Members of the Planning Commission FROM: Ken Pulskamp, Acting Director of Community Development�����'" DATE: December 19, 1989 APPLICANT: Weston Development Corporation LOCATION: North of the northerly terminus of Foxlane Drive, Tambora Drive, and Bakerton Avenue. REQUEST• Proposed subdivision of 80 acres (gross area) into 201 lots for single family residences and prezoning of the property to A-1-10,000 to accommodate the proposed density. 1. Approve the attached negative declaration with the finding that -the proposed project will not have a significant effect on the environment. 2. Approve modification of street grades in excess of 1OX up to a maximum of 12.52. 3. Approve Vesting .Tentative Tract Map No. 46626 -based on the required findings and subject to the attached conditions of approval. 4. Recommend approval to the City Council of a prezoning of A-1-10,000. 5. Adopt the attached resolution. BACKGROUND - General Plan Designation, Existing Zoning and Land Use: The 1984 Santa Clarita Valley Areawide General Plan designation for the subject property is "Hillside Management" (HM). In terms of the amount .of units for this site --11, 17, and 24 units represent the low, midpoint, and high end of the density range. It is proposed to be developed to a gross density of 2.5 du/ac. The existing zoning is A-1-10,000 and A-2-1. The site is currently vacant. The General Plan designation, existing zoning and land use of the surrounding properties are as follows: General Plan Zoning Land Use North Urban 1 (Ul) A-2-1 Vacant Hillside East Hillside Mgt. A-1-10,000/ Vacant Hillside (HM) A-2-1 South Urban 2 (U2) R-1-7,000 Residential Single Family West Hillside Mgt. RPD -5-1.1U/ Vacant Hillside (HM) A-2-1 Project Description: The site is proposed to be subdivided into 201 lots for future single family residences. All lots are proposed for development; no open space lots are proposed. No recreational amenities are -proposed within the project site. Circulation consists of a new collector street ("A" street on the map), 64 feet wide, that would intersect Whites CanyonRoad(off-site) to the southwest of the site, beyond the tract boundary. "A" street serves 'as a collector street for this tract and the .adjacent proposed 80 lot subdivision (please see map and staff report for tentative tract no. 47863, also appearing on the Planning Commission's December 19, 1989 agenda). From this collector, a "loop" street system is proposed. The site also proposes to connect to the existing northerly terminus of the following streets: Foxlane Drive, Tambora Drive and Bakerton Avenue, located to the south of the project site. As proposed, "A" street would provide an additional point of access, only if the adjacent tentative tract 47863 is approved. If 47863 is not approved, "A" street would serve as a stub -end street at both ends; additionally "B" street is designed as a stub -end street that would enable future development beyond the tract boundary to connect this tract. The A-1-10,000 zone requires a minimum of 10,000 square foot lots, with the following exception: Sec. 21.24.260 of the subdivision ordinance allows a reduced area, not to exceed 431 of the lots in the subdivision. For this proposed subdivision a minimum of 7,000 square feet is required for a maximum 431 of lots (86 lots) is permitted by the code. The applicant has requested 81 of the lots to be reduced in area. To authorize this, a minimum average width of 70 feet must be maintained for each reduced area lot. Each lot appears to show compliance with all required standards. Presently, some lots appear deficient in meeting. these standards. To approve their request, the Planning Commission must make the following findings: 1. That due to _sloping terrain, the topographic features within the division of land will be better utilized if a portion of the lots in such division are less in area than the applicable designation; S-31 I- 2. That a final map or parcel map of the division of land or any part thereof will not be filed unless the average area of all lots on such map or maps is not less than the applicable zoning designation; 3. That the lots having a reduced area will be compatible in design to design to adjacent facing and siding lots of abutting development; 4. That all lots which are not reduced in area shall comply with Subsection A of Section 21.24.240. The subdivision ordinance, Section 21.24.100 limits street grades as follows: '21.24.100 Street Grades. No highway or street shall have a grade of more than six percent, except for short stretches where the topography makes it impracticable to keep .within such grade, and in no event shall the grade exceed 10 percent, except where evidence, which is satisfactory to the advisory agency, is given that a lower grade is not possible." Street grades of up to 12.5 percent are requested by this application. The Planning Commission must be provided evidence that this. is necessary. The applicant has stated that the steepness of the existing contours and the grading required make it infeasible to limit the street grades to the 6-10 percent preferred slope. Substantially more grading would be required to reduce the street grades. The applicant has adequately documented the need for this request. Since no new roads are proposed that would provide a regional benefit, the applicant has agreed to pay double the bridge and thoroughfare fee. The City and the applicant have tentatively agreed to enter into a development agreement pertaining to this project. Both the Planning Commission and the City Council will be required to hold a.public hearing on the agreement at a future date. The park obligation of both tentative tracts 46626 and 47863 are proposed to be satisfied jointly as follows: 1. A 30 -acre parcel fronting on the west side of Whites Canyon Road diagonally opposite tentative tract 47863 (see vicinity map) is proposed to be dedicated to the City for park purposes. The acquisition cost of this is approximately $300,000: 2. Additionally, the applicants will provide $700,000 to the City to be used for grading and improvements to complete the park. The combined costs would be shared by the.applicants and would be 3 to 4 times the amount of their obligatin under the City code. The applicants have voluntarily agreed to provide this park, as they have done in other cities, in the spirit of providing needed amenities for their projects. the park would be a public City park. 9 Prezonine• The applicant has filed for an annexation (No. 1989-02) and a prezone of A-1-10,000 concurrently with the tentative map. The requested prezoning will establish a zone classification appropriate for the site and vicinity upon annexation. Correspondence Received: The applicant has provided a package of promotional material that was distributed to the same list of property owners who received the public hearing notice. (See attached gray envelopes). ANALYSIS - The following General Plan objective 'applies 'to Hillside Management Areas. "Within these areas, it is intended that future development will occur in the most suitable and least environmentally sensitive areas, and will be designed in terms of scale and intensity in a manner compatible with the natural resource values and character of the area." To accommodate the intent of the Santa Clarita Valley General Plan, a common approach in subdivision design in the Hillside Management areas is to concentrate development within the less steep slope areas (0-25X slope) enabling less grading -to occur and protecting a significant amount of the hillside area. This.project is not designed in that fashion; the tract (38890 shown also on the tentative tract map) to the west was designed in this manner and approved by the County in 1983. The tentative map shows that the 201 lots are evenly distributed throughtout the project. A glance at the cut and fill map (available at the public hearing) shows that an extensive portion of the site, perhaps 80 percent of the surface area of the site, is proposed to be graded. Furthermore, grading as proposed would require grading within the required open space lot of the adjacent tract (38890) to the north (primarily to connect "A" street to Whites Canyon Road) Although the intent of the hillside management designation is to sensitively locate areas to be developed, it would not serve a practical purpose to configure this subdivision in a cluster form.since its site size is relatively small. The tract is located within a logical infill development area. Mostly existing single family residences abut the tract or are located nearby; a large multiple family residential complex is nearby across Whites Canyon Road. The size of the individual lots is larger than either of the adjacent and nearby developments. . Some potential environmental concerns are indicated in the attached negative declaration regarding grading, -aesthetics, and traffic. Staff feels that the finding can be made that this project would ultimately be consistent with the General Plan, once adopted. ` 33 P In summary the proposed project offers the following advantages: 1. It is compatible with the surrounding existing pattern of development and is.an infill development. 2. Its circulation is designed to minimally affect the existing adjacent neighborhood. 3. The park site offered is a major community benefit. 4.. The applicant has agreed to pay double the bridge and thoroughfare fee. Disadvantages of the proposed project are: 1. The grading required will change views presently enjoyed by adjacent homes. These homes presently have open space views of -rolling hills, which will then change to views of a housing tract. 2. No new arterial streets are proposed. The tract merely carries its own traffic load to an existing arterial street. 3. Traffic generated by the project will further impact traffic on the Antelope Valley Freeway. No plans presently exists for improvements to the affected portion of the freeway. Overall, the development is reasonable and logical for this site and vicinity. Therefore, the staff requests the Commission's favorable consideration of this request. MAR: rd VICINITY MAP CASE N 0 , Vesting Tentative Tract Map No. 46626 -and Prezone No. 89-002 \`�•• - Vestina Tentative Trarf M., ki, d7RG7 6 � ■ 11 N SLC � TR 47863 �l'r-fid �. - I _ ,'•' ._1 . l Canyon= Lw` 1 Country b ' proposed �l park site 3 r -t.% •e -..r tom,,,. psi.-.1�'�, .\\ � -�`3_ I 1 I I Fnendty = Yell ^`" �a�' adG4iH•�V'C. .. i S R% TR 46626 1 Canyon f _ Country + �._ : ° � � X41.;�,s:..„/s; •�m.•.:,�.r � f RESOLUTION NO. 90-75 A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF SANTA CLARITA CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP NO. 46626 THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find and determine as follows: a. An application for a prezone and vesting tentative tract map were filed simultaneously with the City of Santa Clarita, June 6; 1989, by Weston Development Corporation ("the applicant'). The property for which these entitlements have been filed is an 80 -acre parcel located north of the existing northerly terminus of Foxlane Drive, Tambora Drive, and Bakerton Avenue. The purpose of the vesting tentative tract map application submittal is to create 201 lots within the subject site for family residential units. The purpose of the prezone is to request the A-1-10,000 zone prior to annexation to the City. Assessor Parcel Nos. 2802-002-010 and 2812-010-008. b. The City of Santa Clarita Development Review Committee (DRC) met on October 26. 1989 and supplied the applicant's agent with recommended conditions of approval. C. A duly noticed public hearing was held.by the Planning Commission on December 19, 1989, continued to January 16, 1990, and February 20, 1990, at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. d. On March 20, 1990, the Planning Commission adopted Resolution No. P90-15, conditionally approving Vesting Tentative Tract Map No. 46626. e. An appeal was filed by Karen Holder on March 30, 1990 which was within the appropriate period to file an appeal. f. A duly noticed public hearing was held by the City Council on April 24, 1990 at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. At the request of the applicant the hearing'vas continued to a date certain on May 22, 1990. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon studies and investigation made by the City Council and an its behalf, the Council further finds and determines as follows: a. The City of Santa Clarita is proceeding in a timely fashion with the.preparation of a general plan. There is a'reasonable probability that this project will be consistent with the general plan proposal currently being considered and studied, that there is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed resolution is ultimately inconsistent with that plan, and that the proposed project complies with all other applicable requirements of state lav and local ordinances. b. The division and development of the property in the manner set forth on the subject parcel map will not unreasonably interfere with the free and complete exercise of any public entity and/or public utility right-of-way and/or easements within the parcel map. C. Approval of this vesting tentative tract map will expire twenty-four (24) months from the date of approval. d. The applicant has submitted a vesting tentative tract map which depicts .the area proposed for the 201 lots within the subject site. ' e. The design of the subdivision and the type of improvements will not cause serious public health problems, since sewage disposal, storm drainage, fire protection,.and geological and soils factors are addressed in the recommended conditions of approval. The discharge of sewage from the subdivision into the public sever system will not violate the requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 (commencing vith Section 13000) of the Water Code. f. The subject property is of a size and shape which lends itself to the proposed use. g. The recommended subdivision will not result in a significant environmental effect. h. Implementation of this proposal will cause no adverse effects in the environment which cannot be adequately mitigated through the application of available controls. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wild life or their habitat, since the project site is not located in a significant ecological area. i. The proposed parcel sizes are consistent with surrounding parcel sizes. j. The design of the subdivision provides, to the extent feasible, for future.passive or natural heating or cooling opportunities in the subdivision given the .size and shape of the lots and their intended use. k. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. L f'r 1. The housing needs of the region were considered and balanced against the public service needs of local residents. M. Neither the design of the subdivision nor the type of improvements will conflict with public easements for access through the use of property within the proposed subdivision, since the design and development as set forth in the conditions of approval andon the tentative map, provides adequate protection for easements. n. The subject property is in a proper location for single family residential uses. o. The City Council finds that satisfactory evidence has been provided, in accordance with Section 21.24.100 of the municipal code, that a lower street grade is not possible. The maximum street grade proposed is 12 1/2Z. p. The applicant has requested a reduction in the lot area in accordance with Section 21.24.260 of the municipal code. Accordingly. the City Councial makes the following findings required of Section 21.24.250A: 1. That due to sloping.terrain, the topographic features within the division of land will be better utilized if a portion of the lots in such division are less in area than the applicable designation; 2. That a final map or parcel map of the division land or any part thereof will not be filed unlessthe average area of all lots on such.map or.maps is not less than the applicable zoning designation; 3. That the lots having a reduced area will be compatible in design to the design of adjacent facing and siding lots of abutting development; 4. That all lots which.are not reduced in area shall comply with Subsection A of Section 21.24.240. SECTION 3. In making the recommendation contained in this resolution, the City Council has considered certain principles and standards, and finds and determines.as follows: a. That modified conditions warrant a revision in the zoning plan as it pertains to the subject property; and b. That a need for the proposed zone classification exists within the area of the subject property; and C. That the subject property is a proper location for the A-1-10,000 zone classification; and d. That placement of the proposed zone at the subject property will be in the interest of public health, safety and general welfare, and.in conformity with good zoning practice. a� SECTION 4. The City of Santa-Clarita City Council has reviewed and considered.the environmental information contained in the Initial Study, and determines that it is in compliance with CEQA and that the proposed project will not have a significant impact on the environment. A negative declaration was prepared for this project. Based upon the findings stated above. the City Council hereby approves the negative declaration. SECTION 5. Based upon the foregoing, the City Council hereby approves the application for the vesting tentative tract map subject to following conditions attached hereto as "Exhibit 1" and incorporated herein by reference allowing the creation of 201 lots for single family residential use., SECTION 6. The Secretary shall certify the adoption of this Resolution and shall transmit a copy to the applicant, the Departments of Public Yorks, Fire, and Parks and Recreation, and shall give notice of this recommendation in the manner prescribed by Section 22.60.190 of the City's Planning and Zoning Code. PASSED, APPROVED. AND ADOPTED this 2—jyi day of May 1990. Mayor ATTEST: / ty I hereby certify that the foregoing is a true copy of a Resolution adopted by the City Councial of the City of Santa Clarita at a regular meeting thereof, held.on the 22M day of __JS3y 1990, by the following vote of the Councils AYES: Councilmembers: Boyer, Klajic, McKeon. Darcy NOES: Councilmembers: Heidt ABSENT: Councilmembers: Now ID 31 L i f CRESOLUTION NO. P90-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP NO..46626 AND RECOMMENDING APPROVAL OF PREZONE NO. -89-002 THE.PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find and determine as follows: a. An application for a prezone and vesting tentative tract map were filed simultaneously with the City of Santa Clarita, June 6, 1989, by Weston Development Corporation ("the applicant"). The property for which these entitlements have been filed is an 80 -acre parcel located north of the existing northerly terminus ,. of Foxlane Drive, Tambora Drive, and Bakerton Avenue. The purpose of the.vesting tentative tract map application submittal is to create 201 lots within the subject site for family residential units. The purpose of the prezone is to request the A-1-10,000 zone prior to .annexation to the City. Assessor C Parcel Nos. 2802-002-010 and 2812-010-008. b. The City of Santa Clarita Development Review Committee (DRC) met on October 26, 1989. and supplied the applicant's agent with recommended conditions of approval. C. A duly noticed public hearing was held by the Planning Commission on December 19, 1989, continued to January 16, 1990, and February 20, 1990, 'at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon studies and investigation made by the Planning Commission and on its behalf; the Commission further finds and determines as follows: a. The City of Santa Clarita is proceeding in a timely fashion with the preparation of a general plan. There is a reasonable probability that this project; will be consistent with the general plan proposal currently being considered or studied, that there is little or no probability of substantial detriment to or interference with the future adopted general plan if the „ proposed resolution is ultimately inconsistent with that plan, and that the proposed project complies with all other applicable requirements -of state law .and local ordinances. L C b. The division and development of the property in the manner set forth on the subject parcel map will not unreasonably interfere with the free and complete exercise of any public entity and/or public utility right-of-way and/or easements within the parcel map. C. Approval of this vesting. tentative tract map will expire twenty-four (24) months from the date of approval. d. The applicant has submitted a vesting tentative tract map which depicts the area proposed for the 201 lots within the subject site. e. The design of the subdivision and the type of improvements will not cause serious public health problems, since sewage disposal, storm .drainage, fire protection, and geological and soils factors are addressed in the recommended conditions of approval. The discharge of sewage from the subdivision into the public sewer system will not violate the requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water.Code. f. The subject property is of a size and shape which lends itself to the proposed use. g. The recommended subdivision will not result in a significant Cenvironmental effect. h. Implementation of this proposal will cause no adverse effects in the environment which cannot be adequately mitigated through the application of available controls. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wild life or their habitat, since the project site is not located in a significant ecological area. i. The proposed parcel sizes are consistent with surrounding parcel sizes. J. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision given the size and shape of the lots and their intended use. k. The proposed subdivision does not contain or front upon any public waterway,._ river., stream, coastline, shoreline, lake or reservoir. 1. The housing needs of the region were considered and balanced against the public service needs of local residents. M. Neither the design of the subdivision nor the type of improvements will conflict with public easements for access through the use of property within the proposed subdivision, since. the design* and development as set forth in the conditions . of approval and on the tentative map, provides adequate protection for easements. n. The subject property is in a proper location for single family residential uses. o. The Planning Commission finds that satisfactory evidence has been provided, in accordance with Section 21.24.100 of the municipal code, that a lower street grade is not possible. The maximum street grade proposed is 12 1/2Z. p. The applicant has requested a reduction in the lot area in accordance with Section 21.24.260 of the municipal code. Accordingly, the Planning Commission makes the following findings required of Section 21.24.25OA; 1. That due to sloping terrain, the topographic features .. within the division of land will be better utilized if a portion of the lots in such division are less in area than the applicable designation; 2. That a final map or parcel map of the division land or any part thereof will not be filed unlessthe average area of all lots on such map or maps is not less than the applicable zoning designation; 3. That the lots having a reduced area will be compatible in design to the design of adjacent facing and siding lots of abutting development; 4. That all lots which are not reduced in area shall comply with Subsection A of Section 21.24.240. SECTION 3. In making the recommendation contained in this resolution, the Planning Commission has considered certain principles and standards, and finds and determines as follows: a. That modified conditions warrant a revision in the zoning plan as it pertains to the subject property; and b. That a need for.the proposed zone classification exists within the area of the subject property; and C. That the subject property is a proper location for the A-1-10,000 zone classification; and d. That placement of the proposedzone at the subject property will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice. -3-3 C SECTION 4. The City of Santa Clarita Planning Commission has reviewed and considered the environmental information contained in the Initial Study, and determines that it is in compliance with CEQA and that the proposed project will -not have :a significant impact on the environment. A negative declaration was prepared for this project. Based upon the findings stated above, the Planning Commission hereby approves.the negative declaration. SECTION S. Based upon the foregoing, the Planning Commission hereby approves the application for the vesting tentative tract map subject to following conditions attached hereto .as "Exhibit 1" and incorporated herein by reference .allowing the creation of 201 lots for single family residential use. SECTION 6. Based on the foregoing, the Planning Commission hereby recommends approval to the City Council of the request for a prezone to the A-1-10,000 zone classification. SECTION 7. The Secretary shall certify the adoption of this Resolution and shall transmit a copy to the applicant, the Departments of Public Works, Fire, and Parks and Recreation, and shall give notice of -. this recommendation in the -manner prescribed by Section 22.60.190 of the City's Planning and Zoning Code. PASSED, APPROVED, AND ADOPTED this 20th day of March, 1990. -rouis Brathwaite, Vi6e Chairman Planning Commission I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the 20th day of March 1990, by the following vote of the Commission: AYES: Commissioners: Modugno, Worden & Vice Chairman Brathwaite NOES: ABSENT Sharar EXCUSED Garasi{- / v Cti✓/G lv'�%v' n' Mark Scott, Director Community Development �i-4 W C EXHIBIT 1 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 46626 GENERAL CONDITIONS 1. Vesting Tentative _Tract -Map No. 46626 (the "VTTM") shall expire two years from the date of its conditional approval. 2. The applicant (as hereinafter defined) may file for .an extension of the VTTM by filing an application for extension at least 60 days prior to expiration of the VTTM. Said extension shall not exceed a period of one year. 3. Within 30 days of any change in the status of the applicant.or upon designation of a new engineer, the applicant (as hereinafter defined) shall be responsible for notifying the Department of Community Development, in writing, of any such -change. 4. 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, 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 attack, set aside, void, or annul the approval of this Subdivision by the City, which action is provided for in -the 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 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. 5. Details shown on the VTTM are not necessarily. approved. Any details which are inconsistent with requirements of.ordinances, these general conditions of approval, or City policies must -be specifically approved. Page -1- MRG/CON46626 r- 6. The subject property shall be subject to fees, at the rate being charged, by the City at the time the applicant seeks.building permit issuance, including but not limited to (1) Los Angeles County Residential Sewer Connection Fee; (2) Interim School Facilities Financing Fee;...(3) Installation or Upgrade of Traffic Signals Fees; and (4) Planned Local Drainage Facilities Fee. 7. During construction of the improvements upon the property which is the subject of this land division, a stop -work order shall be considered in effect immediately upon the discovery of any historic artifacts and/or remains, at which time the City shall be immediately notified of.the discovery. Said stop -work order shall remain in effect until City terminates said order, which shall not be unreasonably prolonged. S. In lieu of establishing the final specific locations of structures on each lot at this time, the applicant shall develop the property in conformance with the City Code and other appropriate ordinances, including but not limited to the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed by the Department of Community Development and the Department of Public Works pursuant to such codes and ordinances. 9. A grading permit shall be required for any and all off-site grading which is done for the purposes of developing the property covered by these conditions. 10. The applicant shall make the required deposit to the City prior to City review of documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance. PUBLIC WORKS - ENGINEERING CONDITIONS Mab Requirements 11. All easements existing at the time of final map -approval must be accounted for on the approved tentative map, including but not limited to the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the. tentative map in lieu of its location. If all easements Page -2- MRG/CON46626 C C A L have not been accounted for on the.VTTM at the time final map approval is sought, the applicant shall submit a corrected tentative map to the City Engineer for approval. 12. All offers of dedication shall be noted by certificate on.the face of the final map. 13. The final map shall be prepared by or under the direction of a licensed land surveyor or registered civil engineer. 14. The final map must be approved by the City Engineer before,filing with the County Recorder. 15. The applicant shall quitclaim or relocate existing easements which would otherwise underlie or run through proposed structures. 16. If the applicant intends to file multiple final maps, he must so inform the Department of Public Works and the Department of Community Development at the time the tentative map is filed. The boundaries of each unit of the final map shall be designed to the satisfaction of the City Engineer and the Department of Community Development. 17. If signatures of record title interests appear on the final map, a preliminary guarantee shall be required for each record title owner. A final guarantee shall be required for each record title owner at the time of filing the final map. If said signatures do not appear on the final map, a title report/guarantee shall be provided showing all fee owners and interest holders and this account must remain open until the final parcel map is filed with the County Recorder. 18. The applicant shall grant to the City or other appropriate agency or entity for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division to the satisfaction of the City Engineer. 19. The applicant shall not grant or record.any easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other easements, until after the final map is filed with the County Recorder.unless such easements are subordinated to the proposed grant or dedication. If easements are granted Page -3- MRG/CON46626 rim after the date of thetentative approval, a subordination must be executed by.the easement holder prior to the filing of the final map. Road Improvements 20. Local street(s) shall be aligned so that the central angles of the right-of-way radius returns do not differ by more than lo.degrees. 21. The applicant shall provide letter(s) guaranteeing the dedication of slope easement(s) and drainage acceptance by the applicant and the adjacent homeowners respectively, as required by the City Engineer or Director Public Works. 22. The applicant shall provide at least 40 feet of frontage at the front property line between radial lot lines for each lot fronting on a cul-de-sac or knuckle. 23. The applicant shall be required to install distribution lines and individual service lines for community antenna television service (CATV) for each lot in Cthe subject property. 24. The applicant shall place above ground utilities including, but not limited to, fire hydrants, junction boxes and street lights outside of the sidewalk. 25. The applicant shall install mailboxes and posts for each lot on the subject property per City standards. Approval of the U.S. Postal Service shall be secured prior to installation of mailboxes and posts. 26. Existing trees in dedicated right-of-way or right -of way to be dedicated shall be removed if they are not acceptable as street trees. The determination as to the acceptability of existing street trees shall be made in the sole discretion of the Director of Parks and Recreation. 27. The applicant shall be required to plant street trees to City standards and specifications unless this condition has been waived•by the Director of Parks and Recreation because, -in his sole discretion, sufficient trees have been placed within an abutting landscaped setback. The applicant shall contact the City Department of Parks and Recreation for street tree location, species, and approved method of installation and irrigation. Page -4- a MRG/CON46626 28. The applicant shall not grant or record any easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other areas intended to be used by the public or restricted in use until after the final map is filed with the County Recorder unless such easements are subordinated, in writing, by the easement holder to the proposed grant or dedication. 29. The applicant, by agreement with the City Engineer or Director of Public Works, may guarantee installation of improvements as deemed necessary by the City Engineer or Director of Public Works through faithful performance bonds, letters of credit or any other acceptable means. 30. Off-site.improvements may be required for "A" Street and Foxlane, Tambora Drive and Bakerton Avenue if in the sole discretion of the Director of Public Works such off-site improvements are necessary. 31. Where off-site grading and street improvements are required, it shall be the responsibility of the C applicant to acquire the necessary right-of-way and/or easements, provided, however, that the provisions of Government Code Section 66462.5 shall be applicable. 32. The centerlines of all local streets shall be aligned without creating jogs of less than 150 feet. A one foot jog may be used where a street changes width from 60 feet to a 58 foot right-of-way. 33. The centerline radius of each street with (1) a grade in excess of 10%, or (2) a distance of 40 feet between curbs shall be a minimum of 350 feet. 34. The design of local streets shall have a minimum centerline curve radii which will provide centerline curves to 100 feet minimum length; provided, however, that reversing curves need not exceed a radius of 1,500 feet and no curve need exceed a radius of 3,000 feet. The length of curve outside of the beginning of curb return shall be used to satisfy the 100 foot minimum requirement. 35. The minimum centerline radius on a local street with an intersecting street on the concave side should comply with design speeds per Road.Section's "Requirements for Street.Plans" and sight distances per the current standards of the American -Association of State Highway Transportation Officials. Page -5- MRG/CON46626 F C36. Street grades shall be permitted in excess of 10% in the following locations: a) "CO Street between "A" Street and "H" Street, and not to exceed 12.4%. b) "C" Street between "G" Street and "H" Street, not to exceed 12.0%. C) "B" Street between "C" Street and "E" Street, and not to exceed 12.5%. 37. The design for.intersections of local streets with General -Plan Highways shall provide sight distance to the satisfaction of the City Engineer. Additional right-of- way dedication and/or grading may be required. 38. The design for intersections of local streets shall provide sight distances to the satisfaction of the City Engineer. Additional right-of-way dedication and/or grading may be required. 39. The central angles of the right-of-way radius C returns shall not differ by more than 10 degrees on local streets. 40. The applicant shall provided standard property line return radii of (1) 13 feet shall be provided at all local street intersections, including intersections of local streets with General Plan Highways, (2) 27 feet where all General Plan Highways intersect, or (3) standard property line return radii which are satisfactory to the Department of Public Works. 41. The applicant shall construct drainage improvements and offer for dedication easements needed for street drainage or slopes. 42. The applicant shall construct full width sidewalks at all sidewalk returns. 43. The applicant shall repair any broken or damaged curb, gutter,.sidewalk and pavement on streets within or abutting the subdivision as required by the Department of Public Works. 44. The applicant shall -construct a slough wall outside the street right-of-way when the height of slope is greater than 5 feet above the sidewalk and the sidewalk is adjacent to the street right-of-way. Page -6- t MRG/CON46626 \1 A e 45. The applicant shall provide and install street name signs prior to occupancy of the first unit in the subject property. 46. The applicant shall provide temporary turnarounds with a radius of 24.feet within the right-of-way at the terminus of streets. 47. The applicant shall either (1) offer for dedication that portion of the project which lies between the terminus of temporary turnarounds and the tract boundary for or (2) extend the turnarounds beyond the tract boundaries within the adjacent ownerships. 48. Where applicable, the applicant shall pay fees for signing and striping of streets as determined by the City Traffic.Engineer. 49. The applicant shall prepare signing and striping plans for all multi -lane streets and highways within or abutting this land division to the satisfaction of the Department where applicable. 50. Driveways shall not be constructed within 25 feet upstream of any catch basin on a street with a grade in excess of 6%. 51. The applicant shall offer for dedication to the City or the appropriate assessment district all slope easements at the front property line of "A" street and "B" street, as required by the Director of the Department of Public Works. 52. The applicant.shall construct the following required road improvements: Street Name Curb & Street Street Width Gutter Paving Lights Trees Sidewalk L,D,E,F,G,H, 58 FT. X X X X X I,J,K,B,C, 60 FT. X X X X X A 64 FT. X X X X X WATER CONDITIONS 53. All lots shall be served by adequately sized water system facilities, including fire hydrants of Page -7- MRG/CON46626 C sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flows required for the land division are to be determined in the sole discretion of the City Engineer or Director of Public Works, Fire flows required are to be determined in the sole discretion of the -Fire Chief. 54. Prior to the issuance of the first building permit for the proposed development, the applicant shall file with the City Engineer a statement from the water purveyer indicating that the water system will be operated by, and water service will be provided to, the project by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to each lot. 55. The applicant shall provide all documents or materials necessary to substantiate to the City's satisfaction that there is an adequate water supply and a firm commitment from the water purveyor that the necessary, quantities of water will be available to the proposed development. SEWER CONDITIONS 56. The applicant shall submit an area study to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to have insufficient capacity, the problem must be resolved to the satisfaction of the Director of Public Works prior to the issuance of the first building permit. 57. The applicant shall, prior to the issuance of the first building permit for this land division or at such time as required by the Director of -Public Works, (1) install and offer for dedication the local main line sewers and separate house laterals to serve each lot of the land division, or (2) have on file with the City.a City approved and bonded sewer plans which provides in detail for the installation and dedication of the main line sewer and separate house laterals to serve each lot of the land division. Determination of whether or not the applicant shall install and dedicate the above -required improvements or file a plan and bond shall be in the sole discretion of the Director of Public Works. Page -8- L MRG/CON46626 58. The applicant shall send a print of the land division map to the County Sanitation District, with the request for annexation to that District. Such annexation Page -8- L MRG/CON46626 d must be assured in writing prior to issuance of.the first building permit for this land division. 59. Sewer reimbursement charges as determined by the Director of Public Works shall be paid to the County of Los Angeles before the filing of this land division map. GRADING. DRAINAGE. AND GEOLOGY CONDITIONS 60. A grading plan shall be submitted and approved by the Department of Public Works prior to approval of the final map. 61.- The grading plan required by these conditions must be based on a detailed engineering Geotechnical report and must be specifically approved by City's geologist and/or soils engineer and show all recommendations submitted by them. The grading plan shall agree with the tentative map and conditions as approved by the Planning Commission. All buttresses shown on the grading plan to be in excess of 25 feet high shall be accompanied by calculations. 62. Because portions of this project are within a C mapped landslide area, (1) all geologic hazards associated. with the development proposed for this land division must be eliminated or (2) the applicant shall delineate a restricted use area approved by the consultant geologist to the satisfaction of the Geology and Soils Section of the City Public Works Department and dedicate to the City by legal means approved by the City Attorney the right to prohibit the erection of buildings or other structures within the restricted use areas. 63. Because portions of the property lying in and adjacent to natural drainage courses are subject to flood hazard because of overflow, inundation, and debris flows and because portions of the.property are subject to sheet overflow and ponding and high velocity scouring action, the applicant shall provide, prior to filing the final map, drainage plans and necessary support documents to comply with the following requirements which shall be to the satisfaction of, and be approved by, the Director ofPublic Works: (a) Provide for the proper distribution of drainage; and (b) Provide drainage facilities.to remove the flood hazard and dedicate and show necessary easements and/or rights of way on the final map and Page -9- MRG/CON46626 C show on the final map the City's/Flood Control District's right-of-way for storm drains. A permit will be required for any construction affecting the right-of-way or facilities; and (c) Provide for contributory drainage from adjoining properties and return drainage to its natural conditions or secure off-site drainage acceptance -letters from affected property owners; and (d) Comply with the requirements of the approved drainage concept to the satisfaction of the Department -of Public Works. 64. The applicant shall submit for approval by the Director of Public works, a final geotechnical and soil report. That report shall be based upon adequate test borings or excavations, and shall: (1) describe any soil or geologic condition(s) which, if not corrected might lead to structural damage or slope failure; and (2) recommend action likely to prevent structural damage.or slope failure. A soil expansion index test shall be required and shall be done -in accordance with the procedures of Uniform Building Code Standard No. 29-2. 65. The applicant shall offer for dedication, and said offer shall be accepted, for a Future Street for Foxlane Drive, Tambora Drive, and Bakerton Avenue prior to recording the final map, if said streets are not already dedicated streets. Prior to release of the first house in the subject land division for occupancy, the applicant shall eliminate the temporary turnarounds.on Foxlane Drive, Tambora Drive, and Bakerton Avenue and construct curb, gutter, base, pavement.and sidewalk adjacent to or thereon. 66. The applicant shall include in covenants, conditions and restrictions applicable to.the subject land division notifications to homeowners of all recommendations and requirements of the geotechnical engineer. 67. The applicant may use the non -alternate street section only with approval of the Director of Parks & Recreation, the City -Engineer and the Director of Community Development. Page -10- L NRG/CON46626 C PUBLIC WORKS - TRAFFIC ENGINEERING 68: Prior to approval of.the final map, the applicant shall pay a bridge and thoroughfare fee in the amount of $5,300 per dwelling unit. 69. The following traffic mitigations shall be required by the applicants for both the VTTM and Tentative Tracts Map No. 47863. Costs for these requirements shall be assessed on a pro rata basis for each of the two tracts: (a) A traffic signal with appropriate signs and street striping shall be installed at the intersection of Whites Canyon Road and "A" Street. (b) "A" Street shall be extended between the boundaries of tentative tracts 46626 and 47863 to complete a continuous length from whites Canyon Road to the easterly boundary of the VTTM. This shall include acquisition of right-of-way between' the two tracts including off-site easement for future public streets and off-site grading necessary to accommodate the proposed street. C(c) Peak -hour parking restrictions shall be installed on Whites Canyon Road on both the east and west sides, north of Nadal Street for which the applicant shall provide and install signage and/or striping as determined in the sole discretion of the City's Traffic Engineer. The applicant shall stripe the approach and departure lanes to the intersection of Whites Canyon Road and Nadal Street (within the existing right-of-way) by restriping and shall provide and install any related signing of the northbound and southbound approaches to Whites Canyon Road to provide one additional northbound and southbound lane. All work shall be funded by the.applicant and completed to the satisfaction of the City Engineer. FIRE CONDITIONS 70. This property is,located within the area described by the Forester and Fire Warden as Fire Zone 4 and future construction and shall comply with applicable Code requirements. 71. The applicant shall provide water mains, fire hydrants, and fire flows as required by the County Forester and Fire Warden for all land shown on the map .to be Page -11- L MRG/CON46626 recorded. The required fir flow for public fire hydrants at this location is 1,250 gallons per minute at 20 psi for a duration of two hours, over and above maximum daily domestic demand. 72. The applicants shall provide and install 15 Public Fire Hydrants which meet the shall each measure 61Ix41lx2 1/211, be made of brass.or bronze and conform to current American Water Works Association Standard C503 or approved equal. 73-. All hydrants shall be installed a minimum of 25' from a structure or where a structure is a distance less than 25' from a fire hydrant that structure shall be protected by a two hour fire wall as per map on file, or as otherwise approved by the Fire Department. 74. The applicant shall provide Fire Department and City approved street signs, and building address numbers prior to occupancy. 75. All required fire hydrants shall be installed, C tested and accepted prior to construction. Vehicular access to the required fire hydrants must be provided and maintained serviceable throughout construction. 76. The applicant shall participate in an appropriate financing mechanism to provide funds for fire protection facilities which are required by new commercial, industrial or residential development in an amount .proportionate to the demand created by this project. '.. � � : _ •� • • Eiji t•]��7 77. An in lieu park and recreation fee, or dedication of park land, as determined by the City, or a combination of the two shall be required prior to approval of the final map and in accordance with the Municipal Code. 78. Either a special landscape maintenance assessment district or a homeowner's association (a HOA") shall be formed to have the responsibility and authority to maintain all slopes,-and*street trees if the non -alternate street section is used, in the land division including, but not limited to, landscaping, irrigation and street trees. . The formation of a landscape assessment district or HOA must be disclosed in real estate documents to homeowners. 79. The applicant shall provide access to, and egress from, slopes which are to be maintained by a L Page -12- MRG/CON46626 C L or- Landscape Assessment District or HOA by the dedication of easements or other legal means satisfactory to the City Attorney. 80. Three copies of a landscape plan and fencing plan shall be submitted to, and approved by, the Director of Community Development and the Director of Parks and Recreation prior to the issuanci of building permits. The landscape plan shall show size, type, location of all plants, trees, and water facilities and locations dimensions, and details of the project fencing and/or walls and shall be in conformity with the following standards: a. Fencing for each lot shall be provided in the form of a decorative masonry block wall, with a cap, at a height of six (6) feet, or other mataerials as approved by the Director of Community' Development. b. View lots may be fenced using a combination of a base fencing of_three (3) courses of masonry with wrought iron the remainder of the distance to the six (6) feet height. Masonry pilasters shall be provided at the intersection of a rear property with a side property line. Lots to be fenced as view lots shall be approved by the Director of Community Development. C. Fencing for each lot shall end at the end of the pad for each lot. All remaining slope areas shall be fenced to give the appearance of a single open space lot. d. Entrances to side yards shall be constructed of masonry wall and wooden gates. No wrought iron shall be permitted at side yard entries except a side yard entry which is not visible from the street. 8i. Prior -to occupancy, landscaping and fencing for the tract shall be provided and installed in conformity with the landscape and fencing plans. 82. A subdivision entry sign may be permitted in accordance with Section 22.52.9705 of the Municipal Code and maybe incorporated into tract fencing and landscaping. MRG/CON46626 Page -13- C r - 83. -The applicant shall comply with all requirements of the Zoning Ordinance and the specific zoning for the subject property unless provisions to the contrary are set forth in any approval issued with respect to the development of thesubjectproperty or shown on the approved tentative map. Any deviation from zoning requirements shall bemadeonly with the proper approval. 84. The property shall be developed and maintained in substantial conformance with the tentative map. 85. This grant shall not be effective for any purpose until the.permittee.and the owner of the property involved (if other than the permittee) have filed with the Director of Community Development their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. 86. Any violation of any condition hereof or of any law, statute, or ordinance applicable to this land division and the development of the subject property shall result in suspension of the entitlement granted hereby and C lapse of all privileges granted hereby granted hereunder; provided that the applicant has been given written notice to cease such violation and has failed to cease such violation for a period of 30 days following the giving of such notice.. 87. Pursuant to approval and agreement of the applicant, final map approval shall not be granted until the applicant enters into an agreement for school mitigation with the William S. Hart Union High School District, the Saugus Union School District and the Sulphur Springs Union School District. 88. All model homes for the project shall be located on "A" Street or to the north of "A" Street at a location approved by the Director of Community Development. 89. Prior to occupancy, the new extended streets of Foxlane Drive, Tambora Drive and Bakerton Avenue shall not be opened to through traffic until..required to be opened by the City to obtain occupancy or inspection approval. 90. Prior to occupancy of the homes along the applicant's southerly property line next to the existing, adjacent homes, the applicant agrees to remove the existing fences (subject.to each adjacent homeowner's approval) and construct a six (6) foot block wall on the property line L Page -14- MRG/CON46626 c d.-. common to the adjacent homes and those on the property which is the subject of this land.division. In addition, the applicant agrees to.install and pay for a six (6) foot block wall on the west side yard of the homeowner located at 18921 Ermine Street with that:homeowner's approval. The applicant shall repair and replace any damage to the landscaping and/or irrigation system of any adjacent homeowner which is caused by the construction of any wall required by this condition. 91. Prior to submitting the fencing and landscaping plans required above, the applicant shall solicit from the existing property owners whose property abuts the southerly boundary of the subject property for the opinions and comments of those homeowners regarding the location, design and materials to be used in the construction of walls, landscaping and irrigation on the subject property which lies immediately adjacent to those existing homes. 92. Prior to occupancy, a traffic study shall be conducted by the City in the existing neighborhood to the r south of the subject property to determine if any additional traffic controls are required. The cost of the study and any controls deemed required shall be borne by the applicant. Additional controls which may be required by the City as a result of the traffic study may include, but shall not be limited to, any necessary signal modifications at the intersection of Whites Canyon Road and Nadal Street, and potential use of speed bumps or humps or raised ceramic pavement markers. Property owners within 400 feet of the southerly boundary of the subject property shall be notified by the City of the results of the study. 93. Prior to commencement of any grading, the applicant shall hire, at applicant's cost, an inspector to inspect any home and property within 400' of the southern boundary of this land division, from whose owner the applicant receives a written request so to do, to create a bench mark inspection from which to -help determine if any grading on the applicant's tract causes any damage to the adjacent existing homes.. Any damage determined to be caused by the applicant will be repaired at the applicant's expense. ADDITIONAL• COMMUNITY DEVELOPMENT CONDITIONS (1-16-901 94. The applicant shall comply with the mitigation measure prescribed in this biological resources report for the site dated January 8, 1990. Page -15- MRG/CON46626 C r-- ADDITIONAL CONDITIONS REQUESTED BY THE APPLICANT (2-20-90), 95. To reasonably insure the safety of the adjacent property during the grading process, the applicant shall install a chain link fence, along the southern property line of the subject property with adjacent homes. The fence shall be designed.to perform beyond normal standards in protecting adjacent.homes from the results of grading. Such -fences shall require approval.by the Department of Public Works before installation. 96. A monitoring system for ground movement shall be established within the southern off-site tract street and sidewalk network to establish a baseline reference six (6) months prior to the commencement of any proposed grading activity. Such monitoring shall continue through the grading process until the grading is completed within five hundred (500) feet of the tract boundary. Thereafter, such monitoring shall continue for a period of six (6) months following the completion of grading activity in said area. Said monitoring system shall be read and examined once a month: The survey points shall be established in an area within five hundred C(500) feet of the tract boundaries. 97. In addition to the monitoring devices required above, the applicant shall establish survey monitoring points along its southern tract boundaries near the off-site property corners three (3) months prior to the commencement of grading activity.. These survey points shall be read on a monthly basis until such time as construction activity commences. Thereafter, these survey points.shall be read once per week until such time as grading activity is completed with five hundred (500) feet of the tract boundary. The survey points shall then be read on a monthly basis for a period of six (6) months following completion of said area.. 98. Prior to the commencement of the monitoring required by conditions noted above, the applicant shall notify the City. The applicant shall make all survey data and monitoring results available to the City of Santa Clarita, to its representatives, and to applicant's consultants for the purposes of analysis and.review. ADDITIONAL COMMUNITY DEVELOPMENT CONDITIONS (3-6-90) 99. During grading and construction, no traffic shall be permitted ingress and egress of the site via Page -16- L MRG/CON46625 C Foxlane Drive,-Nedrview Drive; Tambora Drive and Bakerton Avenue. All vehicles entering the site shall be required to use Whites Canyon Road as the point of ingress and egress. 100. The applicant shall request and support annexation of the subject property to the City of Santa Clarita. Successful annexation to the, City and recordation of said annexation by the County Recorder shall be required prior to approval of the final map. L Page -17- MRG/CON46626 PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: BACKGROUND: n. AGENDA REPORT City Manager.Approval Item to be presented Ken Pulskamp April 24, 1990 Prezone 89-002 and Appeal of Vesting Tentative Tract Maps 46626 and 47863 Community Development The above items involve two separate requests: (1) A prezoning is necessary for Tentative Tract 46626 since.its site is entirely within the County of Los Angeles, and adjacent to the City limits. The site is presently divided between two zones in the County. A-1-10,000 and A-2-1. A prezoning of A-1-10,000 for the entire site has been requested by the applicant; -the Planning Commission has reviewed this matter and recommended approval .to the City Council of the requested prezoning. Pursuant to the Municipal Code, the Council is the approving authority for a prezoning. (2) The two tentative maps have been approved by the Planning Commission. A local resident whose property abuts the site of Tentative Tract 47863 has appealed the Planning Commission's decision on both tract maps. Please see the attached letter dated March 30, 1990 from Karen Holder requesting the appeal and- stating reasons for the request. Non -substantive changes have been made in the conditions. (The appellant has indicated that. condition no. 97 in both tracts (a different subject in each list of conditions, coincidentally numbered the same) was only indicated to apply to one of the -two tracts, although it is appropriate to include them in both tracts. This has now been shown for both projects.) Also, condition no. 77 in VTTM 47863 has been deleted. It..does not pertain to this type of project. Since the. Planning Commission's approval action on February 20; 1990, the applicants have secured an agreement from an adjacent property owner to the south to expand the proposed park by an additional seven acres. This .expansion would provide two new access points, from Camp Plenty Road and Nadal Street, and would retain existing access from Whites Canyon Road_. The expansion provides a 2.5 acre pad fronting on the north side of Nadal Street which would allow siting of an approximately 100 -space parking lot for use by Canyon Country High School to the south. . This lot would alleviate existing traffic congestion caused by on -street parking on Nadal Street during school hours. The pad would also provide a site for location of a future library.of , approximately 15,000 square feet, with additional space to meet library parking .requirements on-site. Finally, the expansion will allow the usable pad area of the park -to be increased from 11 acres to 12 acres. The proposed expansion has been reviewed and Director Jeff Kolin,. and by Dr. Smythe considered to be of significant benefit to L. district. Continued To: s a� accepted by Parks and Recreation of the school district and is the commmunity and the school 501 Page 2 As a measure of comparison, the park site now. proposed by the applicants is approximately 34 acres in area, or twice the size of the recently completed 17 -acre Canyon Country Park. Usable pad area will be 12 acres, or 25Z larger than the 9 -acre Canyon Country site. RECOMMENDATION: 1. Approve the attached negative declarations. 2. Pending public testimony, approve Prezone No. 89-002 and Vesting Tentative Tract Maps 46626 and 47863. 3. Adopt the attached resolutions, with the attached added conditions. 4. Introduce the attached prezone ordinance and pass to second reading. ATTACHMENTS: 1. Letter dated March 30, 1990 -from Karen Holder, requesting the appeal. 2. Staff reports dated December 19, 1989, January 16, and February 20, 1990. 3. Negative Declarations. 4. Correspondence received. 5. Draft Council resolutions and ordinance. ID 30 524000, L CITY OF SANTA CLARITA " STAFF REPORT ( ' VESTING TENTATIVE TRACT MAP NOS. 46626 and 47863 and PREZONE 89-002 To: Chairwoman Garasi and Members of the Planning Commission FROM: Mark Scott, Director of Community Development DATE: February 20, 1990 (continued from January 16, 1990) APPLICANT: Weston Development Corporation and American Landmark Development LOCATION: North of the northerly terminus of-Foxlane Drive, Tambora Drive, and Bakerton Avenue (VTTM 46626) and Whites Canyon Road, east side, approximately 600 feet north of the intersection of Nadal Street and Whites Canyon Road. (VTTM 47863). If satisfactory resolution of grading issues is reached, staff would recommend: 1. Approve the attached negative declarations with corrections as noted with the finding that the proposed projects will not have a significant effect on the environment. 2. Approve modification of street grades in excess of 101 up to a maximum of 12.51. 3. Approve Vesting Tentative Tract Map Nos. 46626 and 47863 based on the required findings and subject to the attached conditions of approval as modified (See additional conditions nos. 97-102 for 46626 and conditions nos. 89-91 for 47863. Condition no. 31 for both tract maps is proposed to be modified, and a new Condition no. 103 is prpposed for Vesting Tentative Tract Map 46626 and no. 92 for Vesting Tentative Tract Map 47863.) 4. Recommend approval to the City Council of a prezoning of A-1-10,000 for VTTM 46626. 5. Adopt the attached resolutions. BACKGROUND - At its meeting of January 16, 1990 the Planning Commission continued the public hearing from December 19, 1989,'on the above entitlements. The items were continued once again to the Commission's meeting of February 20, 1990 for the purpose of addressing geologic concerns raised by nearby residents. Since the January 16th meeting, new geologic studies have been conducted by theapplicantsand reviewed by the City's geologic consultant, Converse Consultants, Pasadena. Following the new studies and review, an informational meeting was scheduled for February 19, 1990 to discuss.the geologic issues pertaining to the two sites. Because of the late date of the informational meeting, staff will report the results of the meeting, orally, to the Planning Commission at the Commission's February 20th meeting. Additional conditions of approval will likely be developed to protect nearby residents from impacts of grading activity. MS/MAR/lb ,-3 CITY OF SANTA CLARITA NOTE; STAFF REPORT \SAM COVE RG 1701 VESTING TENTATIVE TRACT MAP NOS. 466276 and 47863 G r !C PREZONE 89-002 TO: Chhaairwwonm�jany)G')arasi and Members of the Planning Commission FROM: M�ar�k'Scott; birector of Community Development DATE: January.16, 1990 (continued from December 19, 1989) APPLICANT: Weston Development Corporation and American Landmark Development, Inc. LOCATION: North of the northerly terminus of Foxlane Drive, Tambora Drive, and Bakerton Avenue (VTTM 46626) and Whites Canyon Road, east side, approximately 600 feet north of the intersection of Nadal Street and Whites Canyon Road. (VTTM 47863). RECOMMENDATION - 1. Approve the attached negative declarations with corrections as noted with the finding that the proposed projects will not have a significant effect on the environment. 2. Approve modification of street grades in excess of 10Z up to a maximum of 12.52. 3. Approve Vesting Tentative Tract Map Nos. 46626 and 47863 based on the required findings and subject to the attached conditions of approval as modified (See additional conditions nos. 97-102 for 46626 and conditions nos. 89-91 for 47863. Condition no. 31 for both tract maps is proposed to be modified, and a new Condition no. 103 is' proposed for Vesting Tentative Tract Map 46626 and no. 92 for Vesting Tentative Tract Map 47863.) 4. Recommend approval to the City Council of a prezoning of A-1-10,000 for VTTM 46626. 4. Adopt the attached resolutions. BACKGROUND - At its meeting of December 19, 1989, the Planning Commission conducted a public hearing on the above.. entitlements and continued the matters to the January 16, 1990 meeting, with the public hearings being left open. The purpose of the continuance was for the staff to provide new or additional information on the following subjects: 1. Cluster arrangement of lots. 2. Drainage relating to adjacent existing neighborhoods. 3. Wildlife.displacement. 4. Use of contour grading. 5. Traffic a.) Mitigation related to existing streets. -.5-Yb.) Cumulative impacts. . 6. Relationship to the General Plan. Additionally, staff has provided the Commission with applicant requested additions to the conditions of approval and staff requested corrections to the negative declarations. 1. Cluster arrangement As described in the staff report the land use category of this vicinity in the SCV Areavide General Plan is Hillside Management (HM). A subdivision proposed in this classification normally is designed in a cluster arrangement so that grading and development in the 50Z and above slope areas is generally avoided. The design of these projects is not arranged in a cluster concept. The site areas are too small to make effective use of a cluster arrangement. The configuration as proposed is in character with the vicinity. A cluster arrangement might work well if a condominium project were proposed. The slope analysis map (available at the hearing) shows that the 50Z and above slope areas are dispersed throughout the two sites. VTTM 46626 indicates 16 acres of the 80 -acre site is in the 50Z and above slope area. Approximately 20Z of the site is in the 50Z and above areas. VTTM 47863 has 8 acres of the 32 -acre site in the 50Z and above slope areas. Approximately 25Z of the site is in the 501 and above slope areas. Because of the relatively low percentage of site areas in the steep slope category and the fact, that the steep slopes are, dispersed, the cluster concept would not work well for these projects. 2._ Drainage When property is developed, it is required to be designed so that it drains within its boundary. It was mentioned at the hearing that drainage from the sites of the two proposed tracts drains onto existing adjacent neighborhoods. These drainage problems will be corrected as part of the grading of the two tracts. The result will be that the new drainage will be a solution to an existing problem. 3. Wildlife displacement See attached reports by Independent Environmental Consultants, entitled "Biological Resources for Tentative Tracts 46626 and 47863" (separate report for each tract). In particular, the section (on page 6 of .both reports) labeled "Impact of Development" indicates the author's conclusions. A new condition of approval (no. 103 for Vesting Tentative Tract Map 46626 and no. 92 for Vesting Tentative Tract Map 47863) is proposed to mitigate soil run-off that may affect the Santa Clara River. 4. Use of contour grading See attached revised tentative maps for both tracts. Sculptured contours are shown for manufactured slopes in a few locations. 5. Traffic a.) Mitigation as it relates to existing neighborhoods has been addressed by the applicants. Both applicants furnished a letter at the December 19th hearing agreeing to -fund a study to be conducted by the City that would identify necessary additional traffic controls in the existing neighborhood (Foxlane Drive, Tambora Drive, Bakerton Avenue, Cabral Street, etc.). Should new traffic controls be -deemed necessary, they will be installed at the 400*0 applicants' expense. S' b.) Cumulative impacts have been addressed in the traffic study. The roadway network assumed to be in place at the time of completion of both tracts does include the Plum Canyon Road/Whites Canyon Road connection. All known approved and pending projects that would be considered as infill projects within this corridor have been accounted for in the cumulative impacts analysis of the traffic study. There are only two additional parcels in the vicinity that may support additional development. Each is 40 acres in size and is addressed in a supplemental traffic study. One of the 40 acre parcels has a major ridgeline running through it, and therefore has limited development potential. Potential applicants have talked to staff about 20 homes on the 40 acres. The conclusion of the supplement is that the two additional parcels do not change either the conclusions reached nor the prescribed mitigation measures of the original traffic study for each tentative map. In the original traffic study, a total of 46 pending and approved projects were assessed, in addition to all existing development in the Whites Canyon/Plum Canyon corridor. 6. General Plan As a new City, the City of Santa Clarita is currently in the process of developing its first general plan. In the interim, the County of Los Angeles General Plan has served as a general guideline. The County's Santa Clarita' Valley Areawide General Plan designation for these properties is HM, Hillside Management. This designation would allow approximately 12 to 67 units total on both sites. Pursuant to the Santa Clarita Valley Areavide Plan, residential densities in excess.of the low density threshold (12 units for both sites) would require performance review and a conditional use permit. The County General Plan also encourages clustering of residential uses in hilly and mountainous areas to minimize grading and to preserve the natural terrain where consistent with existing community character and specifies that a minimum of 702 of a project site in this designation shall be retained in a natural or open condition. Since Tentative Tract 47863 is within the incorporated City limits, the County General Plan is not binding; however, it is used. as a guideline at the present time. Tentative Tract 46626. is currently under the jurisdiction of the County of Los Angeles and the County General Plan governs this property until such time as it is annexed into the City. The County's recently released General Plan Update does not propose a General Plan Amendment in -this area. (See attached vicinity maps of County General Plan Designations and Zoning.) The City's General Plan Advisory Committee has developed three preliminary general plan maps which are currently being refined into a composite to reflect a preferred land use alternative. Of the three preliminary maps, only one has applied a designation to these properties. It is believed that the other two maps were not completed in this vicinity. Preliminary Map No. 1 designates these properties and the general area for low density residential use. For the purposes of the preliminary mapping, the low density residential designation was assumed to contain a broad density range of from 1 to 5.6 units per gross acre. More finite ranges are currently being considered, including a low density range of .9 to 3.2 dwelling units per gross acre. The submitted tentative tract maps, which propose 2.5 dwelling units per gross acre, would-be -consistent with both of these density ranges. Again, it must be emphasized that the general plan designations, density standards and other goals and policies have not been adopted and are at a preliminary stage at this time. The draft goals and policies which are currently being prepared by the General Plan Advisory Committee have -been reviewed for their relevance to the subject projects. In addition to policies regarding clustering similar to the County Plan, numerous draft policies relate to ridgeline preservation. One such policy specifies that a ridgeline preservation ordinance should be adopted that identifies prominent primary and secondary ridgelines which shall not be modified and which shall be preserved as open space, further incorporating sensitive slope and grading regulations for interface with such primary and secondary ridgelines. Although primary and secondary ridgelines have not yet been identified, it is believed that the ridgeline above the subject projects, which separates Soledad Canyon from Plum Canyon and serves as a primary backdrop for the Canyon Country area, will be identified as either a primary or secondary ridgeline which should be preserved. Other draft policies indicate that hillside grading standards should be developed to.minimize the hazards of erosion and slope failure and that landform grading standards should be implemented which minimize the impact of grading operations and foster replication of naturally recurring landforms. Although the subject projects do not propose clustering, development and grading activities have been pulled off of and are not proposed on the crest of the ridgeline. House pad elevations would be approximately 106-200 feet below the main ridge above the property. The pad for the proposed water tank site in the northeast corner of the property would be approximately 100 feet below the main ridge. Certain contour grading techniques are being proposed which will lend a more natural appearance to the manufactured slopes within the tracts. In addition, project development and grading will correct existing slope failure areas. The project engineer is currently restudying the upper elevations of the proposed project and will be providing additional cross-sections and renderings for the Commission's consideration at the public hearing. The intent of the additional illustrations is to clearly show the proposed distance between the house rooflines and the top of the ridgeline, and provide a visual illustration of the projects as they would appear after construction. Areas of restudy include the. northwest corner of Tentative Tract Number 46626 with respect to the distance between the top of the ridgeline and elevation of development activities as well as the visual impact of the proposed water tank in the northeastern portion of the tract. Other draft general plan policies which the proposed projects are addressing relate to goals and policies to acquire future park land and the high priority placed upon provisions for schools and roads. The project proponents have gone beyond minimum requirements and have addressed these needs by agreeing (1) to pay double the current assessment of the Bridge and Thoroughfare District fee; (2) to dedicate a 30 acre park site and provide $700,000 in park and improvement monies; and (3) to pay full School District fees. In consideration of the community benefits proposed in connection with these projects and the hillside sensitivities incorporated into the design, staff continues to believe that these projects will be consistent with the General Plan proposal currently being considered. The Commission should be aware that the decision on these projects may have implications for the undeveloped land to the east and north of these properties, some portion of which may be before the Planning Commission in the near future. Staff will be happy to address any additional questions the Planning Commission may have concerning these nearby areas. L 7 Staff Requested Corrections to the Negative Declarations At the December 19, 1989, meeting some confusion was created by the trip generation volumes shown in the negative declarations of the 2 projects. Item 13a in both documents indicates the daily trips generated by both projects (over an average 24-hour day) and both the a.m. and p.m. peak hour trips. When the 2 negative declarations were made available, the trip generation numbers indicated for both projects were inadvertently indicated as being the same. The figures for the VTTM 47863 were indicated for both projects;,at the Planning Commission Meeting the correct figures for VTTM 46626 were shown hand corrected in the negative declaration. However, some members of the public saw the early version (incorrect), while others saw the corrected version. Among the mitigation measures listed is.No. 13a which proposes to restrict any occupancy of either tract until the Whites Canyon Road/Via Princessa/Highway 14 connection.is completed. After the negative declaration was prepared, it was determined that this mitigation measure was not required. Therefore, it was not includedwithin the conditions of approval. Accordingly, it should be deleted from the mitigation measures in the negative declaration. This circumstance arose from the fact that after writing the negative declaration, it was learned that the schedule for completion of Whites Canyon Road to Highway 14 is due to occur by November, 1992. The applicants have indicated that the earliest possible occupancy of the two tracts is early 1993. Even if the schedule for the road and bridge improvements is delayed, it is anticipated that only a short period of time would occur, where the homes might be occupied and the road improvements may not yet be completed. Additional Conditions Requested by the Applicant (VTTM 46626) 97. Prior to occupancy, the model homes for the project shall be located on A Street or to the north of A Street. 98. Prior to occupancy, the new extended streets of Foxlane Drive, Tambora Drive and Bakerton Avenue shall not be opened to through traffic until required to be opened by the city to obtain occupancy or inspection approval. 99. Prior to occupancy along the applicant's southerly property line next to the existing homes, the applicant agrees to remove the existing fences (subject to each homeowner's approval) and construct a six (6) foot block wall on the property line. In addition, the applicant agrees to install and pay for a six (6) foot block wall on the west side yard along Foxlane Drive of the homeowner located at 18921 Ermine Street. The applicant shall repair and replace any damaged landscaping and irrigation due to the wall installation. 100. Prior to occupancy, the property owners, whose property is immediately adjacent to the southern property line of the proposed tract, will be notified by the applicant and solicited for their opinions and comments as to the location, design and materials used in the construction of the walls, fencing, landscaping and irrigation which is immediately adjacent to the existing homes prior to the fencing and landscape plan being submitted to the City for review and approval. / �J 101. Prior to occupancy, a study shall' be conducted of the existing neighborhood to the south to determine if any additional traffic controls are required. The cost of the study and any controls deemed required shall be borne by the applicant. This may include any necessary signal modifications at the intersection of Whites Canyon Road and Nadal Street. 102. Prior to occupancy and upon receiving individual approval from each homeowner adjacent to the applicant's southerly boundary, the applicant will hire, at his cost, an inspector to survey each home and property as to its existing condition to create a bench mark survey in which to determine if any grading on the applicant's tract causes any damage to the adjacent existing homes. Any damage determined to be caused by the applicant will be repaired at the applicant's cost. Additional Conditions Requested by the Applicant (VTTM 47863) 89. Prior to occupancy, the property owners, whose property is immediately adjacent to the easterly property line of the proposed tract, will be notified by the applicant and solicited for their opinions and comments as to the location, design and materials used in the construction of the walls, fencing, landscaping and irrigation which is immediately adjacent, to the existing homes prior to the fencing and landscape plan being submitted to the City for review and approval. 90. Prior to occupancy, a study shall be conducted of the existing neighborhood to the east to determine ifanyadditional traffic controls are required. The 'cost of the study and any controls deemed required shall be borne by the applicant. This may include any necessary signal modifications at the intersection of Whites Canyon Road and Nadal Street. 91. Prior to occupancy and upon receiving individual approval from each homeowner adjacent to the applicant's easterly boundary, the applicant will hire, at his cost, an inspector to survey each home and property as to its existing condition to create a bench mark survey in which to determine if any grading on the applicant's tract causes any.damage to the adjacent existing homes. Any damage determined to be -caused by the applicant will be repaired at the applicant's cost. Staff requested modification (for both tentative maps) 31. Where off-site grading and street improvements are required, it shall be the sole responsibility of the applicant to acquire the necessary right of way and/or easements. Should the applicant be unsuccessful in making the necessary. acquisition, the City shall be required to use its authority of eminent domain. If this occurs, the City's expense shall be borne by the applicant. Additional Community Development condition no. 103 for VTTM 46626 and no 92 for VTTM 47863 The applicant shall comply with the mitigation measure prescribed in the biological resources report for the site dated January 8, 1990. .51 V vv U 2 uz I _ P u ark 4 �U p4V 2 uz U M�rN v2 .n. . /1 AU _ Ut =„� + .}/ VTTM 46626 i PZ 89-002 VTTM 47863 N 2� v rN 2 - � N2 N t 4 � �.; PROJECT SITE 1 N 1N] <-- WESTON CITY OF SANTA H M J U2 AMERICAN LANDMARK --> fl H M ...,, z PROPOSED PARKSITE N I I .F rrlN) ��• I W/S I �� F CLA v' ° 1 y 3 W - `_U3 U 2 u3 �`� ( U.2 .. M .. 3s ��-J . u 3 U r N 3 SOLEDAD • /C 4,) C CYN P U 2 C _ W/5 �' a u/ (23) _ S nta :0 u•4 .sol I U a _ .0 t M t M -U.3D• _ \ U5 U3 SP` \ ' p •SPI:: U3 C c P• E S N1 H M �� HM (oC� nn,riury &I±VAICOA1 01 Au nCCl/"%A6lA"d%Am- . ter,., `rJVTTM 46620 CN-0%� 3 PZ 89-002 s,,,,VTTM 47863 •-=- WESTON DEVELOPMENT�< ' �1 PRO, R C JECT SITE •--' _ 1y�1 `$sem RPD -5-1.1U' AMERICAN A-1-10000 DMARK` PMENT ,) a•t Lam" R-1-10000 1-6000• PROP SEE)VA 1£ 1 = R315U r A-1-10000 !� /y 1Ii=R-1"-7000f�-j A�. -.--__ • .=��i1tr 1— _�.MYII—•,.` M.I. � �r. \ \ `N — Jam- •^ ', - \.�� \ • •.��� 1 Mme•. - 3 •\ •� �y .ter � ..I.�r r.- .r\ N ` ,.. wft \�. • „ H � 1 t� // 712A11A1c 4 tan ' / V L CITY OF SANTA CLARITA STAFF REPORT VESTING TENTATIVE TRACT MAP NO. 47863 TO: Chairwoman Garasi and Members of the Planning Commission FROM: Ken Pulskamp, Acting Director of Community Development,6:f (m�1 DATE: December 19, 1989 APPLICANT: American Landmark Development, Inc.. LOCATION: Whites Canyon Road, east side, approximately 600 feet north of the intersection of Nadal Street and Whites Canyon Road. REQUEST: Proposed subdivision of 32 acres (gross area) into 80 lots for single family residences. RECOMMENDATION• 1. Approve the attached negative declaration with the finding that the proposed. project will not have a significant effect on the environment. 2. Approve modification of street grades in excess of 1OX up to a maximum of 12.51. 3. Approve Vesting Tentative Tract Map No. 47863 based on the required findings and subject to the attached conditions of approval. 4. Adopt the attached resolution. BACKGROUND: General Plan Designation, Existing Zoning and Land Use: The 1984 Santa Clarita Valley Areavide General Plan designation for the subject property is 'Hillside Management' (HM). In terms of the amount of units for this site --3, 14, and 24 units represent the low, midpoint, and high end of the density range. It is proposed to be developed to a gross density of 2.5 du/ac. The existing zoning is A-1-10,000 (LightAgricultural). The site is currently vacant. The General Plan designation, existing zoning and land -use of the surrounding properties are as follows: General Plan Zoning Land Use North Hillside Mgt. RPD -5-1.1U Vacant Hillside East Hillside Mgt. R-1-7,000 Residential Single Family South Urban 3 03) R -3-15U Residential Multi -Family West Urban 2 (U2) RPD75-1.1U Residential Single Family CG c�G Proiect Description: The site is proposed to be subdivided into 80 lots for future single family residences. All lots are proposed for development; no open space lots are proposed. No recreational amenities are proposed within the project site. Circulation consists of a new collector street, 64 feet wide, that would intersect Ghites Canyon Road. "A" street, as it is shown on the tentative map would connect to the area to the northeast of this site to provide an extension of this collector street. "A" street also serves as a collector street for the adjacent proposed 201 -lot subdivision (please see map and staff report for tentative tract no. 46626, also appearing on the Planning Commission's December 19, 1989 agenda). From this collector are three side streets, "B", "D", and "G" street proposes to connect to the existing tract to the east as an extension of Nearview Drive. If tentative map 46626 to the northeast is approved, tract 47863 will have three points of access beyond the site boundary. 'Tf tentative tract 46626 is not approved, this site would only have two points of access. The subdivision ordinance, section 21.24.100, limits street grades as follows: "21.24.100 Street Grades. No highway or street shall have a grade of more than six percent, except for short stretches where the topography makes it impracticable to keep within such grade, and in no event shall the grade exceed 10 percent, except where evidence, which is satisfactory to the advisory agency, is given that•a lower grade isnot possible" Street grades of up to 12.5 percent are requested by this application. The Planning Commission must be provided evidence that this- is necessary. The applicant has stated that the steepness of the existing contours and the grading required make it infeasible to limit the street grades to the 6-10 percent preferred slope. Substantially more grading would be required to reduce the street grades. The applicant has adequately documented the need for this request. The A-1-10,000 zone requires a minimum of 10,000 square feet lots, with the following exception: Section 21.24.260 of the subdivision ordinance allows a reduced area, not to exceed 43 percent of the lots in the subdivision. For this proposed subdivision a minimum of 7,000 square feet is required for a maximum of 43 percent of lots (34 lots) is permitted.by the code. The applicant has requested only 16 of the lots to be reduced in area. To authorize this, a minimum average width of 70 feet must be maintained for each reduced area lot .at time of final map approval. Each lot appears to show compliance with all required standards. To approve this request the Planning Commission must make the following findings: 1. That due to sloping terrain, the topographic features within the division of land will be better utilized if a portion of the lots in such division are less in area than the applicable designation; 2. That a final map or parcel map of the division of land or any part thereof will not be filed unless the average area of all lots on such map or maps is not less w than the applicable zoning designation; 601"T'158— U 3. That the lots having a reduced area will be compatible in design to 'design to adjacent facing and siding lots of abutting development; 4. That all lots which are not reduced in area shall comply with Subsection A of Section 21.24.240. A particular geologic condition exists with respect to the area adjacent to tentative tract 47863. In its natural condition, a slide area exists beneath Whites Canyon Road. Standard engineering practices can alleviate this condition. When buttress fills, shear keys, and proper subsurface drainage system are installed as part of the development of this site, these.measures can reduce the potential for landslides in the area. Since no new roads are proposed that would provide a regional benefit, the applicant has agreed to pay double the bridge and thoroughfare fee. The City and the applicant have tentatively agreed to enter into a development agreement pertaining to this project. Both the Planning Commission and the City Council will be required to hold a public hearing on the agreement at a future date. The park obligation of both tentative. tracts 46626 and 47863 are proposed to be satisfied jointly as follows: 1. A 30 -acre parcel fronting on the west side of Whites Canyon Road diagonally opposite tentative tract 47863 (see vicinity map) is proposed to be dedicated to the City for park purposes. The acquisition cost of this is approximately $300,000. 2. Additionally, the applicants will provide $700,000. to the City to be used for grading and improvements to complete the park. The combined costs would be shared by the applicants and would be 3 to 4 times the amount of their obligation under the City code. The.applicants have voluntarily agreed to provide this park, as they have done in other cities, in the spirit of providing needed amenities for their projects. The park would be a public City park. One oak tree exists on the site, within lot 65. It is a Valley oak (Quercus lobata) and is unique in its location. It is believed to be the. western most Valley oak in the Santa Clarita Valley. Furthermore, it is a B+ rated tree and has a triple trunk of 30, 34, and 42 inches in circumference. Condition No.83f requires this tree to be protected, saved, and incorporated into the landscaping of the tract. Correspondence Received: The applicant has provided a package of promotional material that was distributed to the same.list of property owners who received the public hearing notice. (See attached gray envelope). L (o� ANALYSIS - The following General Plan objective applies to Hillside Management Areas. "Within these areas, it is intended that future development will occur in the most suitable and least environmentally sensitive areas, and will be designed in terms of scale and intensity in a manner compatible with the natural resource values and character of the area." To accommodate the intent of the Santa Clarita Valley General Plan, a common approach in subdivision design in the Hillside Management areas is to concentrate development within the less steep slope areas (0-25Z slope), enabling less grading to occur and protectinv a significant amount of the hillside area. This project is not designed in that fashion; the tract to the northwest was designed in this manner and approved by the County in 1983. The tentative map shows that the 80 lots are evenly distributed throughtout the project. A glance at the cut and fill map (available at the public hearing) shows that an extensive portion of the site, perhaps 85 percent of the surface area of the site, is proposed to be graded. Furthermore, grading as proposed would require grading within the required open space lot of the adjacent tract (38890) to the north (primarily to connect "A" street to Whites Canyon Road). Although the intent of the hillside management designation is to sensitively locate areas to be developed, it would not serve a practical purpose to configure this subdivision in a cluster form since its site size is relatively small. The tract is located within a logical infill development area. Mostly existing single family residences abut the tract or are located nearby; a large multiple family residential complex is located opposite the site across _Whites Canyon.Road. The size of the individual lots.is larger than either of the two adjacent developments. Some potential environmental concerns are indicated in the attached negative declaration regarding grading, aesthetics, and traffic. Staff feels the finding can be made that the project would ultimately be consistent with the General Plan, once adopted. In summary the proposed project offers the following advantages: 1. It is compatible with the surrounding. existing pattern of development and is an infill development. 2. Its circulation is designed to minimally affect the existing adjacent neighborhood. 3. The area devoted to landscaping that is visible from Whites Canyon Road should result in an aesthetically pleasing appearance. 4. The park site offered is a major community benefit. 5. The development of the. site will pose the opportunity to safeguard against future landslides associated with Whites Canyon Road. G 6. The applicant has agreed to pay double the bridge and thoroughfare fee. Disadvantages of.the proposed project are: 1. The. grading required will change views presently enjoyed by adjacent homes. These homes presently have open space views of rolling hills, which will then change to views of a housing tract. 2. No new arterial streets are proposed. The tract merely carries its own traffic load to an existing arterial street. 3. Traffic generated by the project will further impact traffic on the Antelope Valley Freeway. No plans presently exists for improvements to the affected portion of the freeway. Overall; the development is reasonable and logical for this site and vicinity. Therefore, the staff requests the Commission's favorable consideration of this request. MAR: rd n VICINITY MAP CASE NO. Vesting Tentative Tract Map No. 46626 and Prezone No. 89-002 Vesting Tentative Tract Mao Nn_ 47A61 l Canyon `& 1 Country A 1 proposed ' Ir park site A ,l 1 . I 1 I c 1 1111\\1� i 1 I I i I 1 1 1 I _ I I I I � � 1 ` I l� I n� TR 47863 1 \ � TR 46626 Canyon Country 1 1 Santa S A RESOLUTION NO. 90-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP NO. 47863 THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOVS: SECTION 1. The City Council does hereby find and determine as follows: a. An application for a vesting tentative tract map was filed with the City of Santa Clarita, June 5, 1989, by American Landmark Development, Inc. ('the applicant'). The property for which this entitlement has been filed is a 32 -acre parcel located on Whites Canyon Road approximately 600 feet northwest of the intersection of Whites Canyon Road and Nadal Street. The site is zoned A-1-10,000. The purpose of the vesting tentative tract map application is to create 80 lots within the subject site for single family residential units. Assessor Parcel No. 2802-001-037. b. The City of Santa Clarita Development Review Committee (DRC) met on October 26. 1989 and supplied the applicant's agent with recommended conditions of approval. c. A duly noticed public hearing was held by the Planning Commission an December 19, 1989, continued to January 16, 1990, and February 20, 1990, at the City Council.Chambers, 23920 Valencia Boulevard. Santa Clarita, at 6:30 p.m. d. On March 20. 1990. the Planning Commission adopted Resolution No. P90-16, conditionally approving Vesting Tentative Tract Map No. 47863. e. An appeal was filed by Karen Holder on March 30, 1990 which was within the appropriate period to file an appeal. £: A duly noticed public hearing was held by the City Council on April 24, 1990 at the City Council Chambers, 23920 Valencia, Boulevard, Santa Clarita, at 6:30 p.m. At the request of the applicant the hearing vas continued to a date certain on May 22. 1990. SECTION 2. Based upon the testimony and other evidence received at the public hearing, ,and upon studies and investigation made by the City Council and on its behalf, the Council further finds and determines as follows: a. The City of Santa Clarita is proceeding in a timely fashion with the preparation of a general plan. There is a reasonable probability that this project will be consistent with the general plan proposal currently being considered and studied, that there is little.or no probability of substantial detriment or interference with the future adopted general plan if the proposed resolution is ultimately inconsistent with that plan, and that the proposed project complies with all other applicable requirements of state law and local ordinances. b. The division and development of the property'in the manner set forth on the subject parcel map will not unreasonably interfere with the free and complete exercise of any public entity and/or public utility right-of-way and/or easements within the parcel map. C. Approval of this vesting tentative tract map will expire tventy=four (24) months from the date of approval. d. The applicant has submitted a vesting tentative tract map which depicts the ar§a proposed for the 80 lots within the subject site. e. The design of the subdivision and the type of improvements will not cause serious public health problems, since sewage disposal. storm drainage, fire protection, and geological and soils factors are addressed in the recommended conditions of approval. The discharge of sewage from the subdivision into the public sever system will not violate the requirements prescribed by the California Regional Vater Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Vater Code. f. The subject property is of a size -and shape which lends itself to the proposed use. g. The recommended subdivision will not result in a significant environmental effect. h. Implementation of this proposal will cause no adverse effects in the environment which cannot be adequately mitigated through the application of available controls. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantial.and avoidable injury to fish or wild life or .their habitat, since the project site is not located in a mapped significant ecological area. i. The proposed lot sizes are consistent with surrounding lot sizes. j. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities .in. the subdivision given the size and shape of the lots and their intended use. k. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. 1. The housing needs of the region were considered and balanced against the public service needs of local residents. 67 M. Neither the design of the subdivision nor the type of improvements will conflict with public easements for access through the use of property within the proposed subdivision, since the design and development as set forth in the conditions of approval and on the tentative map, provides adequate protection for easements. n. The subject property is in a proper location for single family residential uses. o. The City Council finds that satisfactory evidence has been provided, in accordance with Section 21.24.100 of the municipal code, that a lower street grade is not possible. The maximum street grade proposed is 12 1/2Z. p. The applicant has requested a reduction in lot area in accordance with Section 21.24.260 of the municipal code. Accordingly, the City Council makes the following findings required of Section 21.24.250A;, 1. That due to sloping terrain, the topographic features within the division of land will be better utilized if a portion�of the lots in such division are less in area than the applicable designation; and 2. That a final map or parcel map of the division of land or any part thereof will not be filed unless the average area of all lots on such map or maps is not less than the applicable zoning designation; and 3. That the lots having a reduced area will be compatible in design to .the design of adjacent facing and siding lots of abutting development; and 4. That all lots which are not reduced in area shall comply with Subsection A of Section 21.24.240. SECTION 3. The City of Santa Clarita City Council has reviewed and considered the environmental information contained in the Initial Study, and determines that it is in compliance with CEQA and that the proposed project will not have a significant impact on the environment. A negative declaration was prepared for this project. Based upon the findings stated above, the City Council hereby approves the negative declaration. SECTION 4. Based upon the foregoing, the City Council hereby approves the application for the vesting tentative tract map subject to following conditions attached hereto as "Exhibit 10 and incorporated herein by reference allowing the creation of 80 lots.for single family residential uses. [1 / 6 SECTION 5. The City Clerk shall certify the adaption of this Resolution and shall transmit a copy -to the applicant, the Departments of Public Works, Fire, and Parks and Recreation. PASSED, APPROVED, AND ADOPTED this 22n day of May , M111 � KC/1 M—ed(" ATTEST: C Clerk I.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 22nd day of May 1990, by the following vote of the Council: AYES: Councilmembers: Bayer, Rlajic, McKeon, Darty NOES: Councilmembers: Heidt ABSENT: Councilmembers: Ncne ID 32 7/ EXHIBIT 1 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 47863. GENERAL CONDITIONS 1. vesting Tentative Tract Map No. 47863 (the "VTTM") shall expire two years from the date of its conditional approval. 2. The applicant (as hereinafter defined) may file for an extension of the VTTM by filing an application for extension at least 60 days prior to expiration of the VTTM. Said extension shall not exceed a period of one year. within 30 days of any change in the status of the applicant or upon designation of a new engineer, the applicant (as hereinafter defined) shall be responsible for notifying the Department of Community Development, in writing, of any such change. 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, 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 attack, set aside, void, or annul the approval of this Subdivision by the City, which action is provided for in the 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 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. Details shown on the VTTM are not necessarily approved. Any details which are inconsistent with requirements of ordinances, these general conditions of approval, or City policies must be specifically approved. Page 1 2 Z 6. The subject property shall be subject to fees, at the rate being charged by the City at the time the applicant seeks building permit issuance, including but not limited to (1)_ Los Angeles County Residential Sewer Connection Fee; (2) Interim School Facilities Financing Fee; (3) Installation or Upgrade of Traffic Signals Fees; and (4) Planned Local Drainage Facilities Fee. This condition specifically does not address bridge -and thoroughfare district fees, which are covered by Condition No. 67. 7. During construction of the improvements upon the property which is the subject of this land division, a stop -work order shall be considered in effect immediately upon the discovery of any historic artifacts and/or. remains, at which time. the City shall be immediately notified of the discovery. Said stop -work order shall remain in effect until City terminates said order, which shall not be unreasonably prolonged. 8. In lieu of establishing the final specific locations of structures on each lot at this time, the applicant shall develop the property in conformance with the City Code and other appropriate ordinances, including but not limited to the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed by the Department of Community Development and the -Department of .Public Works pursuant to such codes and ordinances. 9. A grading permit shall be required for any and all off-site grading which is done for the purposes of developing the property covered by these conditions. 10. The applicant shall make the required deposit to the City prior to City. review of documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance. 11. All existing and new utilities shall be undergrounded. 12. Easements shall be granted to the City, or other appropriate agency -or entity, for the purpose of, ingress, egress, construction and maintenance of all infrastructure constructed for this land division, to the satisfaction of the City Engineer. 13. The applicant shall adjust, relocate and/or eliminate lot lines, lots, streets, easements, grading, geotechnical protective devices, and/or physical improvements to comply with ordinances, policies and standards in effect at the date the County determined the application to be complete, all of which shall be to the satisfaction of the Director of Public Works. I�) Page 2 L PUBLIC WORKS - ENGINEERING CONDITIONS Sap Requirements 14. All easements existing at the. time of final map. approval must be accounted for on the approved tentative map, including but not limited to the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeterminate in nature,a statement to that effect must be shown on the tentative map in lieu of its location. If all easements have not been accounted for on the VTTM at the time final map approval is sought, the applicant shall submit a corrected tentative map to the City Engineer for approval. 15. All offers of dedication shall be noted by certificate on the face of the final map. 16. The final map shall be prepared by or under the direction of a licensed land surveyor or registered civil engineer. 17. The final map must be approved by the City Engineer before filing with the County Recorder. 18. The applicant shall quit claim or relocate existing easements which would otherwise underlie or run through proposed structures. 19. If the applicant intends to file multiple final maps, he must so inform the Department of Public Works and the Department of Community Development at the time the tentative map is filed. The boundaries of each unit. of the final map shall be designed to the satisfaction of the City Engineer and the Department of Community Development. 20. If signatures of record title interests appear on the final map, a preliminary guarantee shall be required for each record title owner. A final guarantee shall be required for each record title owner at the time of filing the final map. If said signatures do not appear on the final map, a title report/ guarantee shall be provided showing all fee owners and interest holders and this account must remain open until the parcel map is filed with the County Recorder.. 21. The applicant shall grant to the City or other appropriate agency or entity for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division to the satisfaction of, the .City Engineer. Page 3 ire 22. Local street(s) shall be aligned so that the central angles of the right-of-way radius returns do not differ by more than 10 degrees. 23. The applicant shall provide letter(s) guaranteeing the dedication of slope easement(s) and drainage acceptance by the applicant and the adjacent homeownersrespectively, as required by the City Engineer or Director Public Works. 24. The applicant shall provide at least 40 feet of frontage at the front property line between radial lot lines for each lot fronting on a cul-de-sac or knuckle. 25. The 'applicant shall be required to install distribution lines and individual service lines for community antenna television service (CATV) for each lot in the subject property. 26. The applicant shall place above ground utilities including, but not limited to, fire hydrants, junction boxes and street lights, outside of the sidewalk. 27. The applicant shall install mailboxes and posts for each lot on the subject property per.City standards. Approval of the U.S. Postal Service shall be secured prior to installation of mailboxes and posts. 28. Existing trees in dedicated right-of-way or right-of-way to be dedicated shall be removed if they are not acceptable as street trees. The determination as to the acceptability of existing street trees shall be made in the sole discretion of the Director of Parks and Recreation. 29. The applicant shall be required to plant street trees to City standards and specifications- unless this condition has-been waived by the Director of Parks and Recreation because, in his sole discretion, sufficient trees have been placed within an abutting landscaped setback. The applicant shall contact the City Department of Parks and Recreation for street tree location, species, and approved method of installation and irrigation. 30. The applicant shall not grant or record. any easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other areas intended to be used by the public or restricted in use until after the final map is filed with the County Recorder unless such easements are subordinated, in writing, by the easement holder to the proposed 'grant or dedication. Page 4 73 L 31. The applicant, by agreement with the City Engineer or Director of Public Works, may guarantee installation of improvements as deemed necessary by the City Engineer or Director of Public Works through faithful performance bonds, letters of credit or any other acceptable means. 32. Off-site improvements may be required for "A" Street if in the sole discretion of the Director. of. Public Works such off-site improvements are necessary. 33. Where off-site grading and street improvements are required, it shall be the responsibility of the applicant to acquire the necessary right-of-way and/or easements, provided, however, that the provisions of Government Code Section 66462.5 shall be applicable. 34. The centerlines of all local streets shall be aligned without creating jogs. of less than 150 feet. A one foot jog may be used where a street changes width from 60 feet to a 58 foot right-of-way. 35. The centerline radius of each street with (1) a grade in excess of 10%, or (2) a distance of 40 feet between curbs shall be a minimum of 350 feet. 36. The design of local streets shall have a minimum centerline curve radii which will provide centerline curves to 100 feet minimum length; provided, however, that reversing curves need not exceed a radius of 1,500 feet and no curve need exceed a radius of 3,000 feet. The length of curve outside of the beginning of curb return shall be used to satisfy the 100 foot minimum requirement. 37. The minimum centerline radius on a local street with an intersecting street on the concave side should comply with design speeds per Road Section's "Requirements for Street Plans" and sight distances per the current standards of the American Association of State Highway Transportation Officials. 38. Street grades shall be permitted in excess of 10% at the following location: "B" Street between "A" Street and "C" Street, not to exceed 12.5%. 39. The design for intersections of local streets with General Plan Highways shall provide sight distance to the satisfaction of the City Engineer. Additional right-of-way dedication and/or grading may be required. 40. The design for intersections of local streets shall provide sight distances to the satisfaction of the City Engineer. Additional right-of-way dedication and/or grading may be required. Page 5 74 41. The central angles of the right-of-way radius returns shall not differ by more than 10 degrees on local streets. 42. The applicant shall provide standard property line return radii of (1) 13 feet shall be provided at all local street intersections, including intersections of local streets with General Plan Highways, (2) 27 -feet where all General Plan Highways intersect, or (3) standard, property line return radii which are satisfactory to the Department of Public Works. 43. Compound curves are preferred over broken -back curves, but broken -back curves, where used, shall be separated by a minimum of 200 feet tangent (1,000 feet for multi -lane highways). 44. The applicant shall construct drainage improvements and offer for dedication easements needed for street drainage or slopes. 45. The applicant shall construct full width sidewalks at all sidewalk returns. 46. The applicant shall repair any broken or damaged curb, gutter, sidewalk, and pavement on streets within or abutting the subdivision as required by the Department of Public Works. 47. The applicant shall construct a slough wall outside the street right-of-way when the height of slope is greater than 5 feet above the sidewalk and the sidewalk is adjacent to the street right-of-way. 48. The applicant shall provide and install street name signs prior to occupancy of the first unit. in the subject property. 49. The applicant -shall dedicate to the City, for public use, vehicular access right on Whites Canyon Road, unless construction of a wall is required. If the construction of a wall. is required, the applicant shall dedicate to, the City for public use, complete access rights. 50. Driveways shall not be -constructed within 25 feet upstream of any catch basin on a street with a grade in excess of 6?c . 7 1 Page 6 51. The applicant shall construct the following required road improvements: Street Curb & Street Street Name Width, Gutter Paving Lights Trees Sidewalk C,D,E,F,G 58 FT. X % X X X B. 60 FT. % K X X % A 64 and 80 FT. X K X X . X 52. The offer for Future Street and for Nearview Drive must be accepted prior to recording the final map if it is not already a dedicated street. The temporary turnaround on Nearview Drive shall be eliminated and curb, gutter, base, pavement and sidewalk shall be constructed. WATER CONDITIONS 53. All lots shall be served by adequately sized water system facilities, including fire hydrants of sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flows required for the land division are to be determined in the sole discretion of the City Engineer or Director of Public Works. Fire flows required are to be determined in the sole discretion of the Fire Chief. 54. Prior to the issuance of the first building permit for the proposed development, the applicant shall file with the City Engineer a statement from the water purveyer indicating that the water system will be operated by, and water service will be provided to, the project by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to each lot. 55. The applicant shall provide all documents or materials necessary to substantiate to the City's satisfaction that there is an adequate water supply and a firm commitment from the water purveyor that the necessary quantities of water will be available.to the proposed development. SEWER CONDITIONS 56. The applicant shall submit an area study to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to have insufficient capacity, the problem must be resolved to the satisfaction of the Director of Public Works prior to the issuance of the first building permit. L Page 7 57. The applicant shall,. prior to the issuance of the first building permit for this -land division or at such time as required by the Director of Public Works, (1) install and offer for dedication the local main line sewers and separate. house laterals to serve each lot of the land division, or (2) have on file with the City a City approved and bonded sewer plan which provides in detail for the installation and dedication of the main line sewer and separate house laterals to serve each lot of the land division. Determination of whether or not the applicant shall install and dedicate the above -required improvements or file a plan and bond shall be in the sole discretion of the Director of Public Works. 58. An. hydrology study shall be submitted by the applicant and approved by the Director of Public Works prior to filing the final map. GRADING, DRAINAGE, AND GEOLOGY CONDITIONS 59. A grading plan shall be submitted to and approved by the .Department of Public Works prior to approval of the final map. 60. The grading plan required by these conditions must be based on a detailed engineering Geotechnical report and must be specifically approved by the City's geologist and/or soils engineer and show all recommendations submitted by them. The grading plan shall agree with the tentative map and conditions as approved by the Planning Commission. All buttresses shown on the grading plan to be in excess of 25 feet high shall be accompanied by calculations. 61. Because portions of this project are within a mapped landslide area, (1) all geologic, hazards associated with the development proposed for this land division must be eliminated, or (2) the applicant shall delineate a restricted use area approved by the consultant geologist to the satisfaction of. the Geology and Soils Section of the City Public Works Department and dedicate to the City by. legal means approved by the City Attorney the right to prohibit the erection. of buildings or other structures within the restricted use areas. /�� Page 8 62. Because portions of the property lying in and adjacent to natural drainage courses are subject to flood hazard because of overflow, inundation, and debris flows and because portions of the property - are subject to sheet overflow and ponding and high velocity scouring action, the applicant shall provide, prior to filing the final map, drainage plans and necessary support documents to comply with the following requirements which shall be to the satisfaction of, and be approved by, the Director of Public Works: (a) Provide for the proper distribution of drainage; and (b) Provide drainage facilities to remove the - flood hazard and dedicate and show necessary easements and/or rights-of-way on the final map and show on the final map the City's/Flood Control District's right-of-way for stormdrains. A permit will be required for any construction affecting the right-of-way or facilities; and (c) Provide for contributory drainage from adjoining properties and return drainage to its natural conditions or secure off-site drainage acceptance letters from affected property owners; and (d) Comply with the requirements of the approved drainage concept to the satisfaction of the Department of Public Works. 63. The applicant shall submit for approval by the Director of Public Works, a.final. geotechnical and soil report. That report shall be based upon .adequate test borings or excavations, and shall: (1) describe any soil or geologic condition(s) which, if not corrected, might lead to structural damage or slope failure; and (2) recommend action likely to prevent structural damage or slope failure. A soil expansion index test shall be required and shall be done in accordance with the procedures of Uniform Building Code Standard No. 29-2. 64. A drainage benefit assessment district shall be established and ratified prior.to recordation of the final map. to insure the continued maintenance of any. drainage., improvements and subdrains. The first year's maintenance costs shall be paid by the applicant prior to approval of the final map. 65. The applicant shall include in covenants, conditions and restrictions applicable to the subject land division notifications- to homeowners of .all recommendations and requirements of the geotechnical engineer. 66. The applicant shall construct the project in compliance with the required and approved drainage plan to the i satisfaction of the Director of Public Works. Page 9 �/A PUBLIC WORKS - TRAFFIC ENGINEERING CONDITIONS 67. Prior to approval of the final map, the applicant shall pay a bridge and thoroughfare fee in the amount of $5,300 per dwelling unit. Said fee amount shall be fixed for the duration of the VTTM approval. 68. The following traffic mitigations shall be required by the applicants for both this VTTM.and VTTM No. 46626. Costs for these requirements shall be assessed for each of the two tracts as follows: (a) On a 50/50 basis, a traffic signal with appropriate signs and street striping shall be installed at the intersection of Whites Canyon Road and "A" Street. (b) On a pro rata basis, "A" Street shall be extended between the boundaries of Tentative Tract Map Nos. 46626 and 47863 to complete a continuous length from Whites Canyon Road to the easterly boundary of the VTTM. This shall include acquisition of right-of-way between the two tracts including off-site easement for future public streets and off-site grading necessary to accommodate the proposed street. (c) On a pro rata basis, peak -hour parking restrictions shall be installed on Whites Canyon Road on both the east and west sides, north of Nadal Street for which the applicant shall provide and install signage and/or striping as determined in the sole discretion of the City's Traffic Engineer. The applicant shall stripe the approach and departure lanes to the intersection of Whites Canyon Road and Nadal Street (within the existing right-of-way) by restriping and shall provide and install any related signing of the northbound and southbound approaches to Whites Canyon Road to provide one additional northbound and southbound lane. All work shall be funded by the applicant and completed to the satisfaction of the City Engineer. 69. The applicant_ may use the non -alternate street section only with the approval of the Director of Parks & ---- Recreation, '-the City' Engineer and the Director of- Community £Community Development. FIRE CONDITIONS 70. This property is located within the area described by the - Forester and Fire Warden as Fire Zone 4 and future construction shall comply with applicable Code requirements. ; 1 Page 10 L 71. The applicant shall provide water mains, fire hydrants, and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. All fire hydrants for the subject property shall have a fire flow over and above maximum daily domestic use of 1,250 gallons per minute @ 20 psi for a duration of two hours. 72. The applicants shall provide and install 9 Public Fire Hydrants which shall each meet the measure 6"x 4"x 2 1/2", be made of brass or bronzeandconform to current American Water Works Association Standard C503 or approved equal. 73. All hydrants shall be installed a• minimum of 25' from a structure or wherea structure is a distance less than 25' from a fire hydrant that structure shall be protected by a two hour fire wall as per map on file, or as otherwise approved by the Fire Department. 74. The applicant shall provide Fire Department and City approved street signs, and building address numbers prior to occupancy. 75. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access to the required fire hydrants must be provided and maintained serviceable throughout construction. 76. The applicant shall participate in an appropriate financing mechanism to provide funds for fire protection facilities which are required by new commercial, industrial or residential development, in an amount proportionate to the demand created by this project. PARKS AND RECREATION CON 77. An in -lieu park and recreation fee, or dedication of park land, as determined by the City, or a combination of the two shall be required prior to approval of the final map and in accordance with the Municipal Code. 78. Either a special landscape maintenance assessment district or a homeowner's association (a "HOA") shall be formed to have the responsibility and authority to maintain all - slopes, and' street t=ees if the non -alternate street section is used, in the land -division including, but not limited.to, landscaping, irrigation and street trees. The formation of a landscape assessment district or HOA must be disclosed in real estate documents to homeowners. 79. The applicant shall provide access .to, and egress from, slopes which are to be maintained by a Landscape Assessment District or HOA by the dedication of easements or other legal means satisfactory to the City Attorney. Page 11 80. Median landscaping improvements shall be made to the medians from adjacent to the tract frontage on Whites Canyon Road to .the satisfaction of the Director of Parks & Recreation. COMMUNITY DEVELOPMENT CONDITIONS 81. Three copies of a landscape plan and fencing plan shall be submitted to, and approved by, the Director of Community Development and the Director of Parks and Recreation, prior to the issuance of building permits. The landscape plan shall show size, type, location of all plants, trees,.and water facilities and locations dimensions, and details of the project fencing and/or walls and shall be in conformity with the following standards: (a) Fencing for each lot shall be provided in the form of a decorative masonry block wall, with a cap, at a height of six (6) feet, or other materials as approved by the Director of Community Development. (b) View lots may be fenced using a combination of a base fencing of three (3) courses of masonry with wrought iron the remainder of the distance to the six (6) feet height. Masonry pilasters shall be provided at the intersection of a rear property with a side property line. Lots to be fenced as view lots shall be approved by.the Director of Community Development. (c) Fencing for each lot shall end at the end of the pad for each lot. All remaining slope areas shall be fenced to give the appearance of a single open space lot. (d) Entrances to side yards shall be constructed of masonry wall and wooden gates. No wrought iron shall be permitted at side yard entries except a. side yard entry which is not visible.from the street. 82. Prior to occupancy, landscaping and fencing for the tract shall be provided and installed in conformity with the landscape and fencing plans. 83. A subdivision_ entry sign ,may be permitted in accordance with Section 22.52.970(b) of. the Municipal Code and may be incorporated into tract fencing and landscaping. 84. The existing oak tree on the site shall be incorporated into future landscaping of the tract, and shown on the landscape plan. During grading and construction, that oak tree shall be appropriately protected. No work shall be permitted within the protected zone which shall be in conformity with City standards (5 feet.from the dripline). q) Page 12 85. The applicant shall comply with all requirements of the Zoning Ordinance and the specific zoning for the subject property unless_ provisions to the contrary are set forth in any approval issued with -respect to the development of the subject property or shown on the approved tentative map. Any deviation from zoning requirements shall be made only with the proper approval. 86. The property shall be developed and maintained in substantial conformance with the tentative map. 87. This grant shall not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed with the Director of Community Development their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. 88. Any violation of any condition hereof or of any law, statute, or ordinance applicable to this land division and the- development of the subject property shall result in suspension of the entitlement granted hereby and lapse Qf all privileges granted hereunder; provided that the applicant has- been given written notice to cease such violation and has failed to cease such violation for a period of 30 days following the giving of such notice. 89. Pursuant to approval and agreement of the applicant, final map approval shall not be granted until the applicant enters into an agreement for school mitigation with the William S. Hart Union High School District, the Saugus Union School District and the Sulphur Springs Union .School District. 90. Prior to submitting the fencing and landscaping plans required above, the applicant shall solicit from the existing property owners whose property abuts the southerly boundary of the subject property for opinions and comments of those homeowners regarding the location, design and materials to be used in the construction of the walls, landscaping and* Irrigation on the subject property_ which lies immediately adjacent to those existing homes. Page 13 Mo 91. Prior to occupancy, a traffic study .shall'. be conducted by the City in the existing neighborhood to the east of the subject property to determine if any additional traffic controls are required. The cost of the study.and controls deemed required shall be borne by the applicant. Additional controls which may be required by the City as a resolution of the traffic study may include, but shall not be limited to, any necessary signal modifications at the intersections of Whites Canyon Road and Nadal Street, and potential use of speed bumps or humps or raised ceramic pavement markers. Property owners within 400 feet of the eastern boundary of the subject property shall be notified by the City of.the results of the study. 92. Prior to commencement of any grading, the applicant shall hire, at applicant's cost, an inspector to inspect each home and property within 400' of the eastern boundary of this land division, from whose owner the applicant receives a written request so to do, to help determine its existing conditions and to create a bench mark by which to determine if any grading on the applicant's tract cause any damage to the adjacent existing homes. Any damage determined to be caused by the applicant will be repaired at the applicant's expense. CITY COUNCIL AMENDED CONDITION (5-22-90) In implementing this condition, the City will send copies of the final conditions- approved for this project to each property owner within 400' of the project, as set forth above. The City shall include a cover letter explaining the purpose of the documents and the owner's right to request inspection per this condition. A form will be included which property owners will be invited to return as a request for inspection. The results of all inspections performed by the applicant shall be made available to the City. Upon their receipt, the City shall notify each property owner who returned the form that the results have been filed with the City and shall make these results available to individual property owners who may, if they chose, obtain a copy of their own inspection report. All property owners will in addition have access to public information on file. q<00 - Page 14 L 93. k monitoring system for ground, movement shall be established within the off-site tract street and sidewalk network to establish a baseline reference six (6) months prior to commencement of any proposed grading .activity. Such monitoring shall continue through the grading process until the grading is completed, within five hundred (500) feet of the tract boundary. Thereafter, such monitoring shall continue for a period of six (6) months following the completion of grading activity in said area. Said monitoring system shall be read and examined once a month. The survey points shall be established in an area within five hundred (500) feet of the tract boundaries. In addition to the monitoring devices required above, the applicant shall establish survey monitoring points along its southern tract boundaries near the off-site property corners three_ (3) months prior to the commencement of grading activity. These survey points shall be read on a monthly basis until such time as construction activity commences. Thereafter, these survey points shall be read once per week until such time as grading activity 'is completed within five hundred (500) feet of the tract boundary. The survey points shall then be read on -a monthly basis for a period of six (6) months following completion of said area. 94. Prior. to the commencement of the monitoring required by conditions noted above, the applicant shall notify the City. The applicant shall make all survey data and monitoring results. available to the City of Santa Clarita, to its representatives, and to the applicant's consultants for the purpose of analysis and review. 95. Prior to the commencement of grading, and as soon as practicable, the applicant shall hydroseed all places where plant life has been removed from the easterly slope of the site during the exploratory trenching completed on February 3, 1990. 96. During grading of the site, small equipment shall be used within five hundred (500) feet of any existing residences to minimize vibration. Any excessive vibration may be reported to the City which may recommend additional mitigation measures. 97. Subject to -written approval from the property owner of the residence at 28135 Foxlane Drive, the applicant shall be permitted to enter the property to correct a localized surficial slump in the vicinity of the rear yard of that - property. It is recognized that, to accomplish the task outlined herein, the applicant will require access through two adjacent properties at 28129 and 28143 Foxlane Drive and that written permission of the owners of those properties will be required to ingress and egress to the slump area described above. Page 15 VO 47 98. To reasonably insure the safety of :the adjacent property during the grading process, the applicant shall install two chain link fences, one near and surrounding any portion of the subject property upon which the applicant is grading and another near the property line of the subject property with adjacent homes. The fence shall be designed to perform beyond normal standards in protecting adjacent homes from the results of grading. Such fences shall require approval by the Department of Public. works before installation. ADDITIONAL COMMUNITY DEVELOPMENT CONDITION (1-16-90) 99. The applicant shall comply with the mitigation measure prescribed in the biological resources report for the site dated January 8, 1990. ADDITIONAL COMMUNITY DEVELOPMENT CONDITION (3-6-90) 100. During grading and construction, no traffic shall be permitted ingress and egress the site via Foxlane Drive, Nearview Drive, Tambora Drive or Bakerton Avenue. All vehicles entering the site shall be required to use .Whites Canyon Road as the point of ingress and egress. ITY COUNCIL NEW CONDITIONS f5-22-90 101. In addition to the monitoring devices required above, the applicant shall establish survey monitoring points along its southern tract boundaries near the off-site property corners three (3) months prior to the commencement of grading activity. These survey,points shall be read on a monthly basis until such time as grading activity commences. Thereafter, these survey points shall be read once per week until such time as grading activity is completed within five hundred (500) feet of the tract boundary. The survey points shall then be read on a monthly basis for a period of six. (6) months following completion of said area. 102. In furtherance of Condition No. 92 above, the applicant shall maintain throughout construction or for six (6) months after the date the City has certified for rough grading for the last fifteen (15) homes, whichever event occurs later, its General Liability Insurance with limits of not less than six million dollars ($6,000,000.00), insuring the applicant and the City against damage resulting from such grading to any home or property within 400 feet of the east boundary of this land subdivision. S 103. The number of residential Certificates of occupancy which may be obtained by the applicant(s) for Vesting Tentative Tract Map Nos. 46626 and..47863 prior to November 11 1992, or the completion and opening of the Whites Canyon Bridge over the.Santa Clara River, whichever comes first, shall not exceed a combined. maximum total of one hundred (100). Per agreement of the applicant(s), VTTM 46626 shall be eligible to request .and obtain a maximum of seventy-two (72) of these Certificates of Occupancy, with VTTM 47863 eligible to request and obtain a maximum of twenty-eight (28). Transfer of the Certificates of Occupancy allocation is not precluded by this condition, but is subject to written agreement between the applicants and approval by the Department of Community Development. Upon completion and opening of the Whites Canyon Bridge or November 1, 1992, whichever comes first, the applicant(s) may request any remaining Certificates of Occcupancy as normally • required for completion. Page 17 81 i ORDINANCE N0: 91-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING AND AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT 91-003 FOR ZONE CHANGE AND PREZONE 89-002, ANNEXATION 89-002 VESTING TENTATIVE TRACT MAP 46626 FOLLOWS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HERESY ORDAIN AS SECTION 1. The City Council does hereby find: a. An application for a development agreement was filed with the -City of Santa Clarita on March 4, 1991, by Weston Corporation ("the applicant"). The property for which this entitlement has been filed is an 80 -acre parcel located north of Whites Canyon Road and Nadal Street, west of Foxlane Drive. The Assessor's Parcel Numbers are 2802-002-010 and 2812-010-008. b. The request is for a development agreement to allow ten years for the build -out of Vesting Tentative Tract Map 46626 ("the Development Agreement,). VTTM 46626 consists of 201 single-family residences and the site is currently vacant. The General. Plan designation oT the site is RL. C. On March 20, 1990, following the public hearings conducted on December 19, 1989, January 16, 1990,. and February 20, 1990, the Planning Commission of the City adopted Resolution P90-15 conditionally approving VTTM 46626 and the negative declaration prepared for the project, and recommending annexation of the project site and prezone the site to A-1-10,000. d. On May 22, 1990, following the public hearings conducted April 24, 1990, and May 22, 1990, the City Council introduced Ordinance No. 90-08 rezoning the project site to A-1-10,000 and .approving the negative declaration. On May 22, 1990, the City Council also adopted Resolution 90-75, approving VTTM 46626, the annexation of the project site, and the negative declaration prepared in connection therewith. Ordinance No. 90-08 was approved on June 12, 1990, and became effective July 13, 1990. e. The project site was annexed to the City on October 1, 1990. f. The applicant is proposing to provide public benefits, as part of the Development Agreement, in addition to those proposed under the original VTTM 46626 approval including the following: I. The 28 acre park site and the 7 acre library site would be given -to the City by December 31, 1991, regardless of whether or not the Weston or American Landmark tracts record. Weston .and Landmark have also paid for the cost of a parcel map (TPM 22398) which included donation of an additional 7 acres for a library site adjacent to the park site. The 35 acre park/library site is valued: at $510,000. L 2. The $500,500 (Weston's share of the $700,000) would be given to the City upon issuance of the first building permit for VTTM 46626. This cash donation would be increased yearly based on the January CPI from the date of VTTM 46626 tract approval. 3. The $5,300 per unit BTD fees would be increased yearly based on the January CPI from the date of VTTM 46626 approval. 4. A new fee of $1,067.62 per unit for development of bicycle lanes in the City would be paid and would be increased yearly based on the January CPI from the effective date of the Development Agreement. g. The Planning Commission held a duly noticed public hearing on the Development Agreement application on Tuesday, July 16, 1991 at the City of Santa Clarita City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. At that time, the Planning Commission received testimony,. closed the public hearing, and directed staff to return to the meeting on August 8, 1991, with a resolution certifying the negative declaration and recommending approval of this agreement to the City Council. On August 8, 1991', the Commission adopted Resolution P91-34, certifying the negative declaration and recommending approval of the agreement to the City Council. h. The City Council held a duly noticed public hearing to consider this ordinance on Tuesday, September 24, 1991, at the City of Santa Clarita City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 6:30 p.m. SECTION 2. Based upon the above facts, oral and written testimony and other evidence presented at the public hearing, and upon the study and investigation made by the Planning Commission and City Council, the City Council finds as follows: a. The Initial Study .prepared for VTTM 46626 is. applicable to this project. The Development Agreement does not alter the environmental factors previously considered for VTTM 46626 and will have a de minimus.impact on the environment. b. The -Development Agreement is consistent with the General Plan RL designation. C. The Development Agreement complies with zoning, subdivision and other applicable ordinances and regulations. d. The Development Agreement is consistent with the public convenience, general welfare and good land use practice, making it in the public interest to enter into the development agreement with the applicant. e. The Development Agreement will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. L f. The Development. Agreement will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. g. The Development Agreement will not jeopardize, endanger or otherwise constitute a menace to the public'health,'safety or general welfare. SECTION 3. The City of Santa Clarita City Council has reviewed and considered the environmental information contained in the Initial study, which was approved by the Planning Commission, and determines that it is in compliance with the California Environmental Quality Act and that the Development Agreement will not have a significant effect on the environment and will have a de minimus impact upon wildlife. A Negative Declaration has been prepared for this project. Basee--upon the findings stated above, the City Council hereby approved the Negative Declaration. SECTION 4. Based upon the foregoing, the City Council does hereby ordain that the Development Agreement is approved and shall be executed by the Mayonr on behalf of the City. SECTION 5. This ordinance shall become effective at 12:01 a.m. on the thirty-first day after adoption or upon the recordation of a notice of agreement, 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 and is hereby directed to cause a copy of the fully executed Development Agreement to be recorded with the County Recorder not more than 10 days following execution by the City. PASSED, APPROVED AND ADOPTED this 22id day of Or -to , 1991. ea,t-�'0 D'Y MAYOR ATTEST: CITY CLM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF SANTA'CLARITA) I,. Donna M. Grindev, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 91-40 was regularly introduced L L RESOLUTION NO. P91-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA RECOMMENDING TO THE CITY COUNCIL THAT THE CITY ENTER INTO DEVELOPMENT AGREEMENT 91-003 FOR ZONE CHANGE AND PREZONE 89-002, ANNEXATION 89-002 AND VESTING TENTATIVE TRACT MAP 46626 WHEREAS, applications for a vesting tentative tract map, annexation of the project site to the City, and the negative declaration have been considered and approved by the City Council of the City of Santa Clarita on May 22, 1990; and WHEREAS, the City Council of the City of Santa Clarita introduced Ordinance No. 90-08 rezoning the project site to A-1-10,000 and approving the negative declaration on May 22, 1990, and .adopted it following the second reading on June 12, 1990; and WHEREAS, determination has been made by the Planning Commission that a mitigated Negative Declaration be certified for these applications; and WHEREAS, the proposed Development Agreement does not alter the environmental factors previously considered for these approved application`s; and WHEREAS, the Planning C.iamission has determined that the existing certified mitigated Negative Declaration adequately. addresses the proposed Development Agreement for Vesting Tentative Tract Map 46626 NOW, THEREFORE, BE IT RESOLVED,. that the Planning Commission of the City of Santa Clarita does hereby .certify the Mitigated Negative Declaration and recommends to the City Council approval of Development Agreement 91-003, subject to non -substantive revisions approved by the City Attorney or his designee. PASSED, APPROVED AND ADOPTED is 6th f August, 1991. L Jerry Cherrington Chairman of the Planning Commission I 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 6th day of August, 1991, by the following vote: �.�... /V/__ / L K STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OFSANTACLARITA ) AYES: COMMISSIONERS: Cherrington, Woodrow, Brathwaite and Modugno NOES: None ABSENT: None ;7fin M. Harris Deputy City Manager/ Community Development LHS:234 - 2 - L Recording Requested By and When Recorded Return to: CITY CLERK CITY OF SANTA CLARITA 23920 Valencia Boulevard Suite 300 Santa Clarita, California 91355 ANNEXATION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SANTA CLARITA AND WESTON DEVELOPMENT CORP/ WESTON CO. -CANYON COUNTRY, A PARTNERSHIP, RELATIVE TO THE SUBDIVISION AND DEVELOPMENT OF PROPERTY WHICH IS THE SUBJECT OF VESTING TENTATIVE MAP NO. 46626 THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE $65868.5 8/26/91 L ANNEXATION AND DEVELOPMENT AGREEMENT This Annexation and Development Agreement ("Agreement") is made this day of 1991, by and between the City of Santa Clarita, a municipal corporation, organized and existing under the general laws of the State of California ("City"), and Weston Development Corp and the Weston Co. -Canyon Country, a California Partnership (collectively the "Developer")7 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 entities 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 22.16 of the Santa Clarita Municipal Code, (the "Santa Clarita Code"). B. The Developer is the applicant for entitle- ments and the owner of certain real property located in the City of Santa Clarita, County of Los Angeles, California, as shown in Exhibit A to this Agreement, which real property is the subject matter of this -Agreement (the "Project Site"). Exhibit A is incorporated herein by this reference. The legal description for the.Project Site is set forth in Exhibit B to this Agreement. Exhibit B is incorporated herein by this reference. The Project Site consists of approximately 80 acres and is located in what was an unincorporated area of Los Angeles County, but within the City's planning area. C. The Parties desire to enter into this Agreement relating to the Project Site in conformance with the Government Code and theSantaClarita Code in order to achieve the development of land uses.expressly permitted under the terms of this Agreement and the provision of public services, public uses, and urban infrastructure, all in the promotion of.the health, safety, and general welfare of the City of Santa Clarita and the residents of the Santa Clarita Valley. D. entitlements Approvals"): WPX/T6M/AGR700763f L The Developer has applied for the following (collectively referred to as the "Project -1- (1) Vesting Tentative Tract Map No. 46626 (the "Tract Map"). (2) Zone Change, Prezone Case No. 89-002. (3) Annexation No. 1989-02. (4) Development Agreement No 90-_ The development as currently proposed by the Developer for the Project Site consists of 201 single family homes and related amenities (the "Project"). E. On February 20, 1990, following the public hearings conducted on December 19, 1990, January 16, 1990 and February 20, 1990, the Planning Commission of the City approved the negative declaration prepared for the Project, recommended annexation of the Project Site from Los Angeles County to the City, and adopted Resolution No. P90-15 conditionally approving the Tract Map and recommending that the City Council annex the Project Site to the City and prezone the Project Site to A-1-10,000. On 1991, the Planning Commission of the City, held a .public hearing on the Developer's application for this Agreement. F. On May 22, 1990, following a public hearing conducted on April 24, 1990, the City Council of the City introduced ordinance No. 90-08 rezoning the Project Site to the A-1-10,000 Zone and approving the negative declaration prepared in connection therewith. The second reading of Ordinance No. 90-08 was -approved on June 12, 1990 and became effective on August _, 1990. On May 22, 1990, the City Council of the. City also adopted Resolution No. 90-75 approving the Tract Map, the annexation of the Project Site to the City and the.negative declaration prepared in connection therewith. on , 1991, the City Council of the City introduced Ordinance No. approving this Agreement with the Developer. The second reading of Ordinance No. was approved on , 1991, and Ordinance No. became effective on , 1991. G. The City desires to obtain the binding agreement of the Developer to dedicate its share of the proposed twenty eight (28) acre park/library site, Developer's donative payment of $500,500.00 in cash, which sum is Developer's share of the total of $700,000.00 cash donation to be made by Developer and the balance of said cash donation is to be made by American Landmark to the City for said park/library improvements and facilities, and -2- WP%/TBM/AGR700763f Developer's donative payment of $1,067.62 per unit for the development of bicycle trail improvements in the City. H. The Developer desires to obtain the binding agreement of the City that the City will permit the Developer to develop the Project.and Project Site in accordance with 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. I. Developer has applied to the City in accordance with the procedures set forth in the Santa Clarita Code for approval of this Agreement which provides for the binding agreements desired by the Parties to this Agreement. 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 consistent with the City's adopted plans and policies and the "Zoning ordinance" (as hereinafter defined). The City, as a newly incorporated municipal corporation, has not yet adopted a general plan. The City is in the process of preparing, reviewing, and considering a general plan as required by California Government Code Sections 65300, et seq. In rezoning the Project Site and approving the Tract Map, the City Council and the City Planning Commission found, pursuant to the provisions of the California Government Code, as follows: (a) There is a reasonable probability that the Project will be consistent with the City's proposed general plan under study at the present time; and (b) There is little or no.probability of substantial detriment to, or interference with, a future adopted general plan if the Project is ultimately inconsistent with the proposed general plan. J. -The terms and conditions of this Agreement have been found by the City to be fair, just, and reasonable, and prompted by the necessities of the situation so as to provide extraordinary benefits to the City. K. This .Agreement is consistent with the present public health, safety, and welfare needs of the residents of -3- WPX/TSM/AGR700763f L the City of Santa Clarita and the surrounding region. The City has specifically considered and approved the impact and benefits of this Project upon the regional welfare. L. This Agreement will bind the City to the terms and obligations specified in this Agreement and limits, to the degree specified in this Agreement and under State law, the future exercise of the City's ability to delay, postpone, preclude or regulate development of the Project on the Project Site except as provided for herein. M. A negative declaration has been prepared and approved in conjunction with the above referenced Project Approvals and the consideration set forth in this.Agreement in accordance with the applicable statutes, ordinances, and regulations of the State of California and of the City of Santa Clarita. N. This .Agreement eliminates uncertainty in planning and provides for the orderly development of the Project Site. Further, this Agreement eliminates uncertainty about the validity of exactions imposed by the City, and other Federal, State and local agencies, allows installation of necessary improvements, provides for public services appropriate to the development of the Project Site, and generally serves the public interest within the City of Santa Clarita and the 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 City in force as of the "Effective Date" (as hereinafter defined) governing development, density, permitted uses, growth management, environmental consideration, building codes, grading requirements, improvement and construction standards and specifications and design criteria applicable to the Project. -4- YP%/TBM/AGR700763f t (b) "Consumer Price Index" or "CPI" is the Consumer Price Index (all items) prepared by the Bureau of Labor Statistics for the Los Angeles - Anaheim -Riverside area relating to all urban consumers (1967=100). (c) "Discretionary Actions; Discretionary Approvals" are actions which require the exercise of judgment or a decision, and which contemplate and authorize the imposition of revisions or conditions, by.the City, including any board, commission, or department of the City and any officer or employee of 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. (d) "Effective Date" is the date this Agreement is executed by all Parties. In the event this Agreement is executed by the Parties on different dates, the.latest date of execution shall constitute the Effective Date. In the event this Agreement isnot fully executed, but substantially performed, the Effective Date is the date the Tract Map is approved by the City. (e) "Final Map" is the final approved map for any phase of Tract 46626 that -is recorded following the satisfaction of the conditions imposed upon the approval of the Project, including but without limitation, Condition 16 of the conditions of approval for Tract 46626, which allows the developer to file multiple phase final maps upon notice to City Departments of Community Development and Public Works at the time Vesting Tentative Tract Map 46626 is filed. (f) "Public Improvements" means those public improvements that the Developer agrees to construct and dedicate or alternatively, that with regard to those public improvements, the Developer agrees to the payment of money and the dedication of land to the City or such other public entity as the City shall lawfully designate,.which improvements include by way of example, but not limitation, (i) those improvements, the provision of which are -5- WPx/TBM/AGR700763f conditions to the Project Approvals, and (ii) the acquisition, dedication and\or construction of easements and facilities described in Section 6 of this Agreement. (g) "Subsequent Applicable Rules" means the rules, regulations, and official policies of the City, as they may be adopted becoming effective after the Effective Date of this Agreement which, other than as provided for in this Agreement, would govern the development, building codes, grading requirements, improvement and construction standards, density, permitted uses, growth management, environmental considerations, and design criteria applicable to the Project and Project Site. The parties intend the development of the Project and the Project Site to be subject to Subsequent Applicable Rules only to the extent.specified in paragraph (a) of Section 7 of this Agreement and, provided that any Subsequent Applicable Rule can be applied to the Project Site if the City conducts public hearings and makes reasonable findings based on the record of the hearing that the failure to apply a Subsequent Applicable Rule will place residents of the City in a condition substantially dangerous to their health or safety, and that such condition, as determined by the Council in its sole discretion cannot otherwise be mitigated in a reasonable manner. (h) "Zoning Ordinance" is the Zoning Ordinance for the City.of Santa Clarita (Title 22 of the Santa Clarita Municipal Code) as same exists on the Effective Date. 2. Interest of Developer. The Developer 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. 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. 4. Negation of Agency. The Parties acknowledge that, in entering into and performing under. this Agreement, each is acting as an independent entity and not as an agent -6- UPVTBMIAGR700763f of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as.making the City and Developer joint venturers or partners nor principal and agent. 5. Development of the Property. The following specific restrictions shall govern the use and development of the Project and the Project Site: (a) "Permitted Uses" The Project Site may only be used for the development of no -more than 201 detached, single family residences and related amenities. (b) "Development -Standards" All design and development standards applicable to the development of the Project Site shall be in accordance with the Applicable Rules including, by way of example, but not limitation, the Zoning Ordinance and the conditions of the Project Approvals as same may be amended or modified in the future by mutual consent, and shall also be in accordance with Subsequent Applicable Rules. If there is a conflict between any of the Applicable Rules and Subsequent Applicable Rules to be applied, the City Council, in its reasonable discretion, shall determine which shall apply. 6. Acknowledgments, Agreements and Assurances on the Part of the Developer. The parties acknowledge and agree that Developer's faithful performance in developing the Project Site and in constructing.and installing public improvements, making payments and providing other benefits in accordance with the Applicable Rules and Public Improvements will fulfill substantial public needs not otherwise obtainable under the Applicable Rules and Public Improvements defined above in Sections 1(a) and (e), respectively. The City acknowledges and agrees that there is good and valuable consideration to the City resulting from developer's assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project and the Developer by this Agreement as more particularly described in.Section 7 below. The parties further acknowledge and agree that the exchanged consideration hereunder, each as to the other, is fair, just and reasonable in that known assurances of development is, among other things, appropriate and reasonable in view of the extraordinary benefits provided to. the City by this Agreement. Developer acknowledges that the consideration is reasonably related to the type and extent of the impacts of -7- 4PX/TBM/AGR700763f l the Project on the community and the Project Site, and further acknowledges that said consideration is necessary to mitigate the direct and indirect impacts caused by the development of the Project. In consideration of the foregoing and the City's assurances set out in Section 7 below, Developer hereby agrees as follows: (a) Annexation. The Developer has consented to, and will not protest .or contest, the annexation of the Project Site to the City of Santa Clarita. (b) Development of the Project Site. Developer will use reasonable efforts, in accordance with its sole business judgment in taking into consideration market conditions and other economic factors influencing the Developer's business decision to commence or to continue development; to develop the Project Site in accordance with the terms and conditions of this Agreement, the conditions of the Project Approvals and the Applicable Rules. (c) School Fees. Concurrent with the issuance of each unit building permit for a lot within Tract No. 46626, Weston shall pay to the applicable School District a per.unit sum in accordance with existing agreements between Weston and the William S. Hart Union High School District, Sulphur Springs Union School District and the Saugus Union School District. Said School Districts and the City acknowledge that the amount of such school fees in said Agreements exceed the amount of the current required fee for construction of new school facilities under SB 2926. (d) Easements. The Final Map or phased maps shall describe and depict all easements including, but not limited to, streets, public utilities, storm drains, cable television, etc, all as are necessary to facilitate the construction or installation of the infrastructure itemized in subparagraph (e) below and, by the recordation of such map or maps convey said easements to the City. Developer shall use good faith efforts to acquire and grant to the City certain off -tract easements for streets, drainage, sewers and public utilities in accordance with the Final Map and the conditions thereto approved by the City. In the event Developer is unable to acquire such easements or dedications by -8- NPX/TBM/AGR700763t L negotiation and upon a reasonable showing thereof, the City hereby agrees to acquire same by its power of eminent domain, provided the Developer shall pay the amount of such award and attorneys' fees and costs in the pursuit thereof. (e) Infrastructure, Fees, Dedication, Donations. This subparagraph states the time for and description of Developer performance of certain Project conditions as follows: (1) Subsequent.to the commencement of construction of the first phase of Tract 46626 and prior to issuance of the first certificate of occupancy for Weston Tract No. 46626, Weston shall have constructed its portion of the access road depicted on Tract 46626 as "A" Street, in furtherance of the public health and safety of those existing residences which presently have only one access road serving their entire tract thereby providing emergency secondary access for said existing residential neighborhood in addition to providing access to the new dedicated park described in subparagraph (e) (3) of this Section 6 and conditioned upon Developer's decision to undertake construction of the Project, Weston shall perform as follows: (a) Weston shall construct "A" Street as shown on the Tract Map from the southwesterly Project boundary connecting up with the stub -outs of Foxlane.Drive, Bakerton Avenue and Tambora Drive from the existing residential neighborhood to the south. (b) Pursuant to Condition No. 68(b) of said Tract Map, Weston shall construct part of the street from the closest point on the northeast boundary of American Landmark Tract No. 47863 to the southwest boundary of Weston Tract No. 46626 located within,an existing easement for road and .utilities purposes reserved by the City over a portion of the common area of White's Canyon Home Owners' Association. .Should,the final alignment of said street eventuate in the right of way exceeding the City's said easement, City agrees to cooperate with Weston and -9- WPX/TBM/AGR700763f _ American Landmark in acquiring the necessary property interest to allow for construction and maintenance of said street, which shall provide direct access to White's Canyon Road. (c) If Weston starts residential construction prior to American Landmark, it will also construct a further part of said street completing the access link across American Landmark property to White's Canyon Road as shown on Tract No. 47863. Prior to the issuance of building permits for its first residential construction phase, American Landmark will reimburse Weston for the actual cost of said street construction done by Weston within Tract No. 47863 plus interest at the Prime Rate of interest as established and changed from time to time by City National Bank, per year on -the total cost expended by Weston for said street construction from the date Weston substantially completed said road to the date of final payment of reimbursement. The reimbursement obligation provided for in this subparagraph shall be enforced and administered through a separate reimbursement agreement to be prepared by the City and subject to the mutual review and approval of Weston and American Landmark. (2) Prior to the recordation of the final Tract Map or any subphase thereof, Weston shall have done all that it can do to annex its property to the City. (3) Prior to the first recordation of final Tract Maps No. 46626 and 47863 or any subphase of either of said Projects, but in no event later than December 31, 1991, Weston and American Landmark, acting together, will dedicate to the City or its designated public agency approximately 28 acres of land, described in Exhibit "H" attached hereto, located west of White's Canyon Road for a public park and potential library. This land dedication is acknowledged by the City to exceed, and thereby satisfy in full, Quimby Act requirements for Tract -10- 4P%/TBM/AGR700763f L Map Nos. 46626 and 47863 and existing City park standards and policies. (4) Upon issuance of Building Permits, for the first for -sale residences (excepting model homes), for Tract Map No. 46626 or any subphase thereof, Weston, shall donate and pay to the City the sum of $500,500.00, plus a sum equal to.the increase, if any, in the Consumer Price Index calculated for the period from the date the tentative tract map was approved by the City to the January prior -to the issuance of the Building Permits, in cash, which sum is Developer's share of the total of $700,000.00 cash donation to be made by Developer and American Landmark to be used for the improvement and purchase of equipment and facilities for the park and library site referred to in subparagraph (3) above. The City acknowledges that said sum is not a requirement of any City ordinance, resolution, policy or Tract Map condition of approval. (5) Concurrent with the construction of the intersection of "A" Street and White's Canyon Road, Weston and American Landmark, shall, pay for the cost of construction and installation of the traffic signal at said intersection. (6) Concurrent with the issuance of building permits on a lot by lot basis for each phase of Tract No. 46626, Weston shall pay to the.City the sum of $5,300.00, plus a sum equal to the increase, if any, in the Consumer Price Index calculated for the period from the date the tentative tract map was approved by the City to the January prior to the issuance of the Building Permits, for each residential unit permitted. The City acknowledges that said per unit sum exceeds the existing District fee and said amount shall not be subject to increase as long as this Agreement is in effect. (7) City acknowledges that Developer.has contributed the cost to process and record a 3 lot parcel map on property currently owned by Mark and Renee.Ostrove of which the Ostroves have agreed to donate to the City Lot 3 of said parcel map containing approximately 7 acres in addition to the 28 acre park/library site, described in Exhibit "H" attached hereto and by this reference incorporated herein. City and Developer agree that if the -11- WPx/T8M/AGR700763f L approximately 7 acre site is not dedicated to City by December 31, 1991, this Agreement shall be null and void. (8) Developer shall pay to City the sum of $1,067.62, plus a sum equal to the increase, if any, in the Consumer Price Index calculated for the period from the Effective Date to the January prior to the issuance of the Building Permits, per unit at the time of building permit issuance, to be used by City for development, construction and maintenance of bicycle trails. Nothing herein shall preclude phased recordation of the Tentative Map, phased residential unit construction or supercede Developer's discretion as to the timing and number of units to be constructed. 7. Acknowledgements, Agreements 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.Developer that Developer will be permitted to carry out and complete the development of the Project within the Project Site, subject to the -terms and conditions of this 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: (a) Entitlement to Develop. The Developer is hereby granted the vested right to develop the Project and the Project 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 the Subsequent Applicable Rules upon the City making the findings set forth below in this subparagraph (a) and City hereby finds the Project consistent with the City's adopted plans and policies and the Zoning Ordinance. Any change in, the Applicable Rules, including, without limitation, any change in any applicable general or specific plan, Zoning Ordinance, growth management regulations, hillside restrictions, design standards or any subdivision regulation of the City, adopted or becoming -12- MITSM/AGR700763f l effective after the Effective Date, shall not be applied by the City to the Project or Project Area. Subsequent Applicable Rules can be applied to the Project Site only if (1) 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 and (2) it is applied consistently and evenly to all other residential developments in the City. (b) Consistency With Applicable Rules. City finds, based upon all information made available to 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 and the Project Site in accordance with uses and densities incorporated and agreed to in this Agreement. (c) Rate and Timing of Development. The City acknowledges and agrees that the Developer cannot at this time predict when the Final Map for the Project Site or any recordation phase thereof will record. Further, the City acknowledges and agrees 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 including, but not limited to, general economics, housing market, financial capability, title, title insurance, interest rates, labor availability and costs, loan availability and terms, lender requirements and other factors which are -not within the.control of the Developer. The California Supreme Court, in Pardee Construction Company v. City of Camarillo, (1984) 37 Cal.3rd. 465heldthat the failure of the parties therein to provide for the timing of development allowed a later adopted initiative, which restricted the timing of development, to prevail over the agreement of the parties. In order.to avoid the effects of that decision, the City acknowledges and agrees that the Developer shall have the right, but not theobligation, to develop the Project, and if developed, to do -so 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 to the terms and -13- WP%/T8M/AGR700763f l provisions of this Agreement or, where not in conflict with this Agreement, any timing or phasing requirements set forth in the Applicable Rules and Project Approvals. (d) Time of Recordation of the Final Map or Phased Maps; start of Grading. Notwithstanding, the provisions of this Agreement to the contrary, the Developer has the sole right and discretion as to the time of recording the Final Map for all or any phase of the Project and the time to start grading and/or pulling permits for on and off-site works of improvement and building permits'during the term of this Agreement. (e) subsequent Discretionary Actions. With respect to any Discretionary Action or Discretionary Approval that is or may be required subsequent to the execution of this.Agreement, the City agrees that it will not unreasonably withhold from Developer or unreasonably 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 ordinary course. In addition, no condition shall preclude or otherwise limit the Developer's ability to develop the Project and the Project Site in accordance with the timing, density and intensity of use set forth in this Agreement, unless the City determines that (1) the 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.and (2) such condition is applied consistently and evenly to all other residential developments in the City. (f) No Moratoriums. In addition to, and not in limitation of, the foregoing, it is the intent of the Developer and the City that no interim, temporary or permanent moratorium (whether relating to the rate, timing, or sequencing of the development or construction of all or any part of the Project; whether imposed by ordinance, initiative, referendum, resolution, or otherwise, and whether enacted by the City Council, electorate or any agency of the City) affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), building permits, -14- VPX/T8M/AGR700763f l certificates of occupancy, or other entitlements 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. (g) Term of Tentative Map. As authorized by California Government Code Section 66452.6(a), City shall extend the term of the Vesting Tentative Tract Map up to and including the scheduled Termination Date of this Agreement as set forth in Section 10 below. In extending the duration of the Vesting Tentative Tract Map City shall not impose any additional conditions or fees, or changes in design, density or other policies, rules or regulations which differ from the original approval of the Project. (h) Cooperation and Implementation. The City agrees that it will cooperate with Developer to the fullest extent reasonable and feasible to implement this Agreement. Upon satisfactory performance by Developer of all required preliminary actions and payments, bonding; or delivery of Letters of Credit pertaining to 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 and 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 by this Agreement, building plans and specifications and any other plans necessary for the development of the Property, and the issuance of all necessary building permits, occupancy certificates, or other required permits for the construction, use, and occupancy of the Project Site. 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. Review of Compliance. (a) Periodic Review. The City shall review this Agreement annually, on or before the anniversary of the Effective Date, in accordance with the procedure and standards.set forth in this Agreement -15- HPX/TBM/AGR700763f l and the Santa Clarita Code in order to ascertain compliance by the Developer with the terms of this Agreement. (b) Special Review. The City Council of the City may order a special review of compliance with this Agreement at any time. The Community Development Director or the City Council, as determined from time to time by the City Council, shall conduct such special reviews. (c) Procedure. During either a periodic review or a special review, the Developer shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on the Developer. The parties acknowledge that failure by the Developer to demonstrate good faith compliance shall constitute grounds for termination or modification of this Agreement in accordance with the provisions of this Agreement. However, once Developer has performed its obligations under Sections 6(E)(3) and 6(E)(4) it shall not be under any further obligation to proceed with development or Final Map recordation. Upon completion of a periodic review or a special review, the Community Development Director shall submit a report to the City Council setting forth the evidence concerning good faith compliance_by the Developer with the terms of this Agreements and the recommended finding on that issue. All compliance reviews shall be conducted pursuant to the provisions of Sections 22.16.460, 22.16.470, and 22.16.480 of the Santa Clarita Code. However nothing in this Agreement shall be construed to impose an affirmative duty to proceed with development should Developer decide to defer or to temporarily or permanently terminate construction of the Project. If, on the basis of review of this Agreement, the Community Development Director concludes that the Developer has not complied in good faith with the terms of this Agreement, then the Community Development Director may issue a written "Notice of Non-compliance" specifying the grounds therefor and all facts demonstrating such non-compliance. The Developer's failure to cure the alleged non- compliance within thirty (30) days after receipt of said notice, shall constitute a default under this Agreement, subject to extensions of time by -16- HPX/TSM/AGR700763f mutual consent in writing. If the nature of the alleged noncompliance is such that it cannot reasonably be cured within such thirty (30) day period, the commencement of the cure within a reasonable time period and a diligent prosecution to completion of cure shall be.deemed a cure within such period. Subject to the foregoing, after notice and expiration of the thirty (30) day period without cure, the City may pursue any remedy available under this Agreement. (d) Proceedings Upon Modification or Termination. If the City determines to proceed with modification or termination of this Agreement after completing the reviews specified in Sections 22.16.460, 22.16.470, and 22.16.480 of the Santa Clarita Code, the City shall give written notice to the Developer of its intention to modify or terminate this Agreement. Notice shall be given at least sixty (60) calendar days before the scheduled hearing and shall contain such information as may be reasonably necessary to inform the Developer of the nature of the proceeding. At thetimeand place set for the hearing on modification or termination, the Developer shall be given an opportunity to be heard. The Developer shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. If the City Council finds, based upon substantial evidence, that the Developer has not reasonably complied in good faith with the terms or conditions of this Agreement, the City Council may initiate proceedings to terminate this Agreement. 9. Modification, Amendment, or Cancellation. Subject to meeting the notice and hearing requirements of Section 65867 of the Government Code and the applicable provisions of the Santa Clarita Code, this Agreement may be modified or amended from time to time by mutual consent of the parties or their successors in interest in accordance with.the provisions of the Santa Clarita Code and Section 65868 of the Government Code. 10. .-Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and shall remain in effect for a term of ten (10) years, unless said term is terminated, modified, or extended by circumstance 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 -17- WPx/TBM/AGR700763f L 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, contribute money or provide public improvements in conjunction with any. portion of the Project Site which is under construction at the time of the termination. 11. 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, Developer has invested a considerable amount of time and.financial resources in planning the time, location, intensity of use, improvements and structures 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 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 in a reasonable manner, the Developer shall have no further right or entitlement to any building permits or certificates of occupancy for any portion of the Project Site until the default has been cured in accordance with due process and 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 entities acquiring -18- YP%/TSM/AGR700763f L title to or otherwise acquiring an interest in the Project or any portion thereof. 12. Arbitration. In order to expedite the resolution of disputes and default, the parties have elected to submit to binding Judicial Arbitration and Mediation. If the matter in connection with any alleged breach is not resolved in writing within thirty (30) days of receipt of notice of breach, either party shall have the right to submit the matter to expedited arbitration. Whenever any dispute over enforcement, interpretation or other arises between the parties hereto in connection with this Agreement and either party gives written notice (the "Notice") to the other that such dispute shall be determined by arbitration, then within thirty (30) days after the giving of the Notice, both parties shall agree upon and hire one member of the panel of Judicial Arbitration and Mediation Services, Inc. ("Judge"). The Judge shall be a retired judge experienced with land use, zoning and real estate development matters. As soon as reasonably possible, but.no later than thirty (30) days after the Judge is selected, the Judge shall meet with the parties at a location reasonably acceptable to Developer, City and the Judge. The Judge shall determine the matter within ten (10) days after such meeting. Each party shall pay one-half the costs and expenses of the Judge. If Judicial Arbitration and Mediation Services, Inc. ceases to exist, and either party gives written notice to the other that a dispute shall be determined by arbitration, then, unless agreed otherwise in writing by the parties, all arbitrations hereunder shall be governed by the then -current rules of the American Arbitration Association. Any determination by arbitration hereunder may be entered in any court having jurisdiction. Within ten (10) days after delivery of such notice, each party shall select an arbitrator with at least five (5) years experience in land use, zoning and real estate development matters and advise the other party of its selection in writing. The two arbitrators so named shall meet promptly and seek to reach a conclusion as to the matter to be determined, and their decision, rendered in writing and delivered to'the parties hereto, shall be final and binding on the parties. If said arbitrators shall fail to reach a decision within ten (10) days after the appointment of the second arbitrator, said arbitrator shall name a third arbitrator within the succeeding period of five (5) days. Said three (3) arbitrators thereafter shall meet promptly for consideration of the matter to be determined and the decision of any two (2) of said arbitrators rendered in writing and delivered to -19- 4P%/TBM/AGR700763f the parties hereto shall be final and binding upon the parties. If either party fails to appoint.an arbitrator within the prescribed time, and/or if either party fails to appoint an arbitrator with the qualifications specified herein, and/or if any two (2) arbitrators are unable to agree upon the appointment of a third arbitrator within the prescribed time, then the Superior Court of Los Angeles County may, upon the request of any party, appoint such arbitrators, as the case may be, and the arbitrators as a group shall have the same power and authority to render a final and binding decision as where the appointments are made pursuant to the provisions of the preceding paragraph. All costs of any arbitration shall be borne by the party which does not prevail in that arbitration. All determinations by arbitration hereunder shall be binding upon Developer and City. 13. Administration of Agreement and Resolution of Disputes. All decisions by the City staff concerning the interpretation and administration of this Agreement and the Project which is the subject hereof are appealable to the City Council and all like decisions by the City Council shall be final but subject to the arbitration provisions set forth in Section 12 herein and shall also be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. 14. Assignment. The rights of -the Developer under this Agreement may be transferred or assigned in whole or in part by the Developer upon prior written notice to the City. Express assumption of any of the Developer's obligations under this Agreement by any such assignee shall relieve the Developer from such obligation. 15. 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 mail as registered or certified mail, postage prepaid, return receipt requested, to.the following representatives of the parties at the addresses indicated below: If to -city: City.of Santa Clarita Attention: City Manager 23920 Valencia Boulevard Suite 300 Santa Clarita, CA 91355 -20- WP%/TBM/AGR700763f L With a Copy to: Carl K. Newton, Esq. Burke, Williams & Sorensen 611 W. Sixth St. Ste. 2500 11th Floor Los Angeles, CA 90017 If to Developer: John A. Ashkar Weston Development Company 10960 Wilshire Boulevard Suite 2150 Los Angeles, CA 90024 and Herbert Schaffer Weston Co.- Canyon Country 10960 -Wilshire Boulevard Suite 2150 Los Angeles, CA 90024 With a copy to: Charles W. Cohen, Esq. Cohen, Alexander & Clayton One Boardwalk Suite 102 Thousand Oaks, CA 91360 16. 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 be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. 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 64868 of the Government Code; provided, however, that any amendment which does not relate to the term, permitted uses, density or intensity of use, -21- UP%/TBM/AGR700763f - 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 before the parties may execute an amendment hereto. 19. Force Majeure. In the event of changed conditions, changes in local, state or federal laws or regulations, inclement weather, delays due to strikes, inability to obtain materials, civil commotion, fire, acts of god, or other circumstances which substantially interfere with carrying out the Project, as the Project has been approved by way of the existing approvals, or with the ability of either party to perform its obligations under this Agreement, the parties agree to bargain in good faith to modify such obligations to achieve the goals and preserve the original interest of this Agreement. 20. 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 refers expressly to an occurrence or event to be deemed waived or such a waiver effect a waiver of any right or remedy in respect of any other occurrence or event. 21. 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 Section 64865.4 and 64868.5 of the Government Code. 22. Interpretation and Governing 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 plain language and common meaning to achieve the objectives and purposes of the parties hereto, The rule of construction 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. 23. 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 -22- YPx/TBH/AGR700763f L is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project Site. 24. 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. 25. Attorney's Fees. If either Party commences any action for the interpretation, enforcement, termination, cancellation or rescission of this Agreement, or for specific performance.for the breach hereof, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 26. 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. 27. Incorporation of Attachments. All attachments to this Agreement, including Exhibits A through H, and all subparts thereto, are incorporated herein by this reference. 28. Successor Statutes Incorporated. Subject to the terms of this Agreement in general and Section 29 below in particular, all references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein. 29. Entire Agreement; Conflicts. This Agreement consists of 19 pages and 8 Exhibits which constitute the entire understanding and agreement of the parties. The exhibits are as follows: Exhibit "A" - Map of the Project Site. Exhibit "B" - Legal Description of the Project Site. Exhibit "C" - The Project Approvals. Exhibit "D" - Phasing Plan. Exhibit "E" - Applicable Rules. Exhibit "F" - Development Fee Schedule. Exhibit "G" - Zoning Ordinance. Exhibit "H" - Park/Library Site Legal Description. -23- OX/TSM/AGR700763f l Should any or all of the provisions of This Agreement be found to be in conflict with any 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, we affix any signatures hereto the date first written above. CITY OF SANTA CLARITA Dated': By: _ 1991 , Mayor WESTON DEVELOPMENT CORP Dated• 1991 By: Herbert Schaffer; Chairman Dated• , 1991 By; John A. Ashkar, President WESTON CO.- CANYON COUNTRY, a' California partnership BY: WESTWOOD COMMUNITIES CORP., Dated• , 1991 John A. Ashkar, President, General Partner -24- NPX/T8M/AGR700763f L BY: KENSAL INC. Dated: , 1991 Herbert Schaffer, Pres General Partner -25- VP%/TSM/AGR700763f STATE OF CALIFORNIA ) ss. COUNTY OF On this day of , in the year 1991, before me, the undersigned, a Notary Public, in and for said State and County, personally appeared. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as of the City of Santa Clarita and acknowledgedthat the City of Santa Clarita executed it. WITNESS my hand and official seal. Notary Public: -26- -7%/TBH/AGR700763f l STATE OF CALIFORNIA ) ) Ss. COUNTY OF 1 On this day of in the year 1991, before me, the undersigned, a Notary Public, in and for said State and County, personally appeared Herbert Schaffer and John A. Ashkar, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument as the.Chairman and President of the Weston Development Corp and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public: -27- VPX/TRM/AGR700763f L STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of in the year 1991, before me, the undersigned, a Notary Public, in and for said State and County, personally appeared John A. Ashkar, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as President of Westwood Communities Corp. a general partner of Weston Co. -Canyon Country, a California partnership and acknowledged to me that such corporation executed the within instrument as such general partner pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public: -28- WPX/TBM/AGR700763f L STATE OF CALIFORNIA ) ) ss. COUNTY OF 1 On this day of in the year 1991, before me, the undersigned, a Notary Public, in and for said State and County, personally appeared Herbert Schaffer, personally known to me (or proved to me on the basis of satisfactory evidence to be the person who executed this instrument as President of Kensal Inc., a general partner of Weston Co. -Canyon Country, a California partnership, and acknowledged to me that such corporation executed the within instrument as such general partner pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public: -29- WPx/taM/AGR700763f _ l ENVIRONMENTAL ASSESSMENT (Initial Study Form B) CITY OF SANTA CLARITA PZ -89-002 CASE 110. VTTM 46626 Prepared by: Michael A. Rubin Project Location: North of the existing northerly terminus of Foxlane Drive, Tambora Drive and Bakerton Avenue Project Description and Setting: vacant hillside land proposed to be developed for 201 single family residences. General Plan Designation Hillside Management (HM) Zoning: Light Agricultural A-1-10.000 and Heavy Agricultural A-2-1 Applicant: Weston Development Corporation Environmental Constraint Areas: Hillside terrain, traffic. aesthetics A. ENVIRONMENTAL EFFECTS YES MAYBE NO 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? .................. [X] [ ] [ ] b. Disruptions, displacements, compaction or overcovering of the soil? [X] [ ] [ ] C. Change in topography or ground surface relief features? ........................... [X] [ ] [ ] d. The destruction, covering or modification of any unique geologic or physical features? .................................. [ ] [ ] [X] e. Any increase in wind or water erosion of soils, either on or off the site? [ ] [ ] [X] f. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? ................................... [ ] [X] [ ] g. Changes in deposition, erosion or siltation? ................................. [ ] [ ] [X] h. Other modification of a wash, channel, creek, or river? ........................... [ 1 [ ] [X] L s sa L MM YES MAYBE NO i. Earth movement (cut and/or fill) of 10,000 cubic yards or more? ....................... [X] [ ] [ ] j. Development and/or grading on a slope greater than 25Z natural grade? ............ [X] [ ] [ ] k. Development within the Alquist-Priolo Special Studies Zone? ..................... I ] [ ] [X] Development proposed in a mapped 1. Other? landslide area [X] [ ] [ ] 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? .................... [ ] [ ] [X] b. The creation of objectionable odors? ....... [ ] [ ] IX] C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? .............. [ ] [ ] [X] d. Development within a high wind hazard area? ...................................... ( ) [ ] [X] e. Other? I ] [ ] [X] 3. Yater. Will the proposal result in: a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ............................ [X] [ ] [ ] b. Alterations to the course or flow of flood waters? .............................. I ] I ] [X] C. Change in the amount of surface water in any water body? ......................... [ ] I ] [X] d. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen -or turbidity? ............. ( ] [ ] [X] e. Alteration of the direction or rate of flow of ground waters? ..................... [ ] [ ] [X] f. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? ............ [ ] [ ] [X] g. Substantial reduction in the amount of water otherwise available for public water supplies? ............................ [ l [ ] IX] S -c53 L - 3 - YES MAYBE NO h. Exposure of people or property to water related hazards such as flooding? ( ] [ ] [X] i. other? [ ] ( ] [X] 4. Plant Life. Will the proposal result in: a. Change in the diversity of species or number of any species of plants (including trees, shrubs, grasses, crops, and microflora)? ... [ ] [ ] [X] b. Reduction of the numbers of any unique, rare or endangered species of plants? ...... [ ] [ ] [X] C. Introduction of new species of plants into an area, or in a barrier to the normal re- plenishment of existing species? ........... [ j [ ) [X] d. Reduction in acreage of any agricultural crop? ...................................... [ ] [ ] [X] 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and insects or microfauna)? .................... [ ] [ ] [X] b. Reduction of the numbers of any unique, rare or endangered species of animals? ..... [ ] [ ] [X] C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? ...... ( ] [ ] [X] d. Deterioration to existing fish or wildlife habitat and/or migratory routes? ........... [ ] [ ] [X] 6. Noise. Will the proposal result in: a. Increases in existing noise levels? ........ [ ] [ ] [X] b. Exposure of people to severe or unacceptable noise levels?. ................. [ ] [ ] [X] C. Exposure of people to severe vibrations? ... [ ] [ ] [X] 7. Light and Glare. Will the proposal produce substantial new light or glare? ................. [X] [ ] [ ] 8. Land Use. Will the proposal result in: a. Substantial alteration of the present land use -of an area? [X] [ ] [ ] b. A substantial alteration of the planned land use of.an area? [X] [ 1 [ 1 6_621 - 4 - 5-65' YES MAYBE NO C. A use that does not adhere to existing zoning laws? ............................... [X1 [ 1 [ 1 d. A use that does not adhere to established development criteria? ...................... [ ] [X] [ ] 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? ................................. [ 1 [ 1 [X1 b. Substantial depletion of any nonrenewable natural resources? ......................... [ ] [ ] [X] 10. Risk of Upset/Man-Made Hazards. Will the proposal: a. Involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? .......................... ( ] [ ] [X] b. Use, store, transport or dispose of hazard- ous or toxic materials (including, but not limited to, oil, pesticides, chemicals or radiation)? ................................ [ 1 [ 1 1X1 C. Possible interference with an emergency response plan or an emergency evacuation plan? ...................................... [ ] [ 1 [X1 d. Otherwise.expose people to potential safety hazards? ................................... [ J [ 1 1X1 11. Population. Will the proposal: a. Alter the location, distribution, density, or growth rate of the human . population of an area? ..................... [X] [ ] [ ] b. Other? [ ] [ ] [X] 12. Housing. Will the proposal: a. Remove or otherwise affect existing housing, or create a demand for additional housing? ........................ [ ] [ ] [X] b. Other? [ ] [ ] [X] 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? ........................ [ ] [ ] [X] 5-65' - 5 - YES MAYBE NO b. Effects on existing parking facilities, or demand for new parking? ................. [ ] [ ) [X] C. Substantial impact upon existing transportation systems, including public transportation? ............................ [X] ( ] [ ] d. Alterations to present patterns of circulation or movement of people and/or goods? ............................... (X] I ) I ) e. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? ....... [X] ( ) [ ] f. A disjointed pattern of roadway improvements? .............................. ( ] I ) IX) 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered govern- mental services in any of the following areas: a. Fire protection? ........................... ( 1 I ] (X) b. Police protection? ......................... [X] [ ] ( ] C. Schools? ................................... [X) [ ) I ) d. Parks or other recreational facilities? .... [X] [ ] I ] e. Maintenance of public facilities, including roads? ........................... [ ] I ) IX) f. Other governmental services? ............... [ ] [ ) [X) 15. Energy. Will the proposal result in? a. Use of substantial amounts of fuel or energy . .................................... [ ) ( ) IX) b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? [ ] [ ] [X) 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? ...................... [ ] [ ) [X] b. Communications systems? .................... [ ] [ ] [X) C. Water systems? ............................. I ) I ) IX) d. Sanitary sewer systems? .................... [ ] [ ) [X) t e. Storm drainage systems? .................... [ ] [ ] (X] (5`5W - 6 - YES MAYBE NO f. Solid waste and disposal systems? ........ [ ] [ ] [X] g. Will the proposal result in a disjointed or inefficient pattern of delivery system improvements for any of the above? ......... [ ] ( ] (X] 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? ... [ ] [ ] (X] b. Exposure of people to potential health hazards? ................................... [ ] [ ] [X] 18. Aesthetics. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public? ................... [ ] [X] [ ] b. Will the proposal result in the creation of an aesthetically offensive site open to public view? [ ] [X] [ ] C. Will the visual impact of the proposal be detrimental to the surrounding area? .... [ ] ( ] [X] 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? ..................... ( ] ( ] [X] 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? .............. [ ] [ ] [X] b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? ... [ ] [ ] [X] C. Does the proposal have the potential to cause a.physical.change which would affect unique ethnic cultural values? ............. [ ] [ ] [X] d. Will the proposal restrict existing religious or sacred uses within the potential impact area? ..................... [ ] [ ] [X] L 5- c57 - 7 - Discussion of Impacts. The followinc is a discussion of the "yes' and "maybe" responses in the Initial Study. Responses to 'no" items are optional 1 a. Changes in geologic substructures will occur. As a result„ major geologic corrective measures are need such as, but not limited to, shear keys, buttress fills, stabilization fills, subdrain systems, and removal and recompaction. 1 b. These impacts are inherent in grading operations. Compaction and fill will be required. 1 c. A major change in topography will occur as a result of this project proposal. An area of gentle to moderately rolling hills will be graded to accommodate a housing development. An estimated 80X of the surface area of the site is proposed to be graded. 1 d. Landslide hazards are known to exist within the project site. Standard engineering practices such as the recommendations in the preliminary geotechnical report for this project will reduce these potential hazards to an insignificant level. 1 i. Cut and fill in the amount of approximately 1.5 million cubic yards will be required to accommodate the proposed project. Construction impacts, though short term, will generate temporary nuisance impacts. Noise and exhaust from grading equipment, as well as truck traffic to and from the site will pose an inconvenience to residents in the immediate vicinity. 1 j. Approximately 43Z of the site is located on terrain of greater than 25% slope. 1 1. The project site is located within a mapped landslide area as per the Mint Canyon quadrangle of the Geology Maps of the California: Department of Mines and Geology. Standard engineering practices for earthwork design as well as state and municipal code requirements for grading operations can reduce these impacts to insignificant levels. 3 a. The site is presently in a vacant condition. Any development would increase the amount of surface area impervious to water, thus increasing the rate and amount.of runoff. Existing storm drains in the vicinity are expected to accommodate the increased runoff. 6 a. Since the site is presently vacant, any new development will increase existing noise levels. Noise sources are likely to emanate from construction equipment and traffic, and after occupancy of the tract from vehicular traffic and typical ambient residential noise sources such as stereos, power tools, household appliances, barking dogs, etc. Since the project is proposed only for residential uses and is located adjacent to existing residences, no significant impacts from noise are anticipated. - 7a - 7. Because development is proposed where none presently exists, new light and glare will be created. Headlight glare from vehicular traffic will be the primary source. Other sources will include street lights and interior lighting of the individual residences. No significant impacts from light and glare are expected. 8 a. A substantial alteration of the present land use of the area will occur. Due to the presently vacant condition of the site, the change to an 201 -lot single family residential subdivision will entirely change the existing land use. 8 b. A substantial alteration of the planned land use of the area will occur. The 1984 Santa Clarita Valley Areawide General Plan, classifies the vicinity as Hillside Management, therefore, Nonurban, by definition. A density formula normally applied to the nonurban category for -this site would allow a minimum of 11.2 units and a maximum of 24 units with a preferred limit of 17 units (representing the midrange). The referenced general plan has been adopted by the City of Santa Clarita as a policy guide only, and is not a regulatory document. It is noted that the existing zoning of approximately half of the site is Light Agricultural A-1-10,000. This allows development of single family residences of a minimum 10,000 square foot lot sizes. The other half of the site is zoned Heavy Agriculture A-2-1, allowing a minimum of one -acre. lot size. Under the existing zoning (accounting for the combination of the two zones), a maximum of 212 lots would be permitted; only 201 are proposed. A provision exists in the City's subdivision ordinance to permit a reduction in the required area to a minimum 7,000 square foot lot size for up to 43% of this proposed subdivision. A total of 81 of the 86 allowable lots are proposed to have a reduced area. The average lot size for this project is 14,374 square feet. 8 c. The use does not presently conform to existing zoning laws. A portion of the site is presently zoned A-2-1 (Heavy Agricultural 1 -acre minimum lot size). The applicant has requested a prezoning to A-1-10,000. (Light Agriculture, minimum 10,000 square foot lot area). The project conforms to the A-1-10,000 zone. 8 d. The proposed use does not conform to established development criteria in that it is in an area designated by the General Plan as Hillside Management (HM). In this designation the intent is to develop residential lots in cluster form, thus avoiding grading in steep sloped areas; lots would then be developed in the shallower areas 0-25Z slopes. The -proposed project ,shows lots evenly distributed throughout the site. Again, an estimated 85Z of the surface area will require grading. Ila. The project will alter the location, distribution, density, and growth rate of the area. Since new development is proposed where none presently exists, these impacts are inevitable. The impacts generated are addressed elsewhere in this Environmental Assessment primarily within sections Al, A13, A14, and A18. l 5`55"? - 7b - 13a. The number of vehicular trips generated per day by this project is - estimated to be 1,969, with a morning peak hour of 152 trips and and afternoon peak of 210. These figures alone represent a negligible impact on the local street system. However, when considered with the cumulative impacts of other proposed developments that will be utilizing the same street system, the impact is considered significant. 13c. The cumulative impacts of this project and others proposed that will be Located on the existing and future planned extensions of Antelope Valley Freeway (State Highway 14). Only mimimal improvements to this freeway are budgeted in the near -future (one to three years). A widening is planned from Via Princessa to Sand Canyon Road from the two exist;ng lanes each direction to three lanes total each direction. Since freeway traffic generated by this tract will enter the freeway at Via Princessa, and the primary travel direction is west (toward Los Angeles), this improvement will not directly improve traffic conditions generated by this project. No improvements are contemplated within the State Transporation Improvement Plan (STIP) within the next five years. The true cumulative impacts of this and other projects affecting the Antelope Valley Freeway are difficult to quantify at this time since much of the development which would impact the freeway is expected to occur outside of the City's jurisdiction. The cities of Palmdale, Lancaster, and the County of Los Angeles are other jurisdictions whose land use decisions impact the freeway. 13d. The design of the proposed project in combination with an adjacent proposed tract will alter present patterns of circulation. The project proposes .a new collector street that will intersect Whites Canyon Road. This will create a new turning movement that does not presently exist, thereby altering circulation in this segment of Whites Canyon Road. 13e. Inherent in new development is the potential for increased traffic hazards to motorists, bicyclists, and pedistrians. Mitigation measures identified for this project will alleviate additional traffic hazards. See attached Mitigation Measures: Transportation/Circulation. 14b. Police services will be further utilized by the additional population of this project creating additional demands for services. 14c. Schools are .presently at or above capacity levels at all levels serving this project site. 14d. Park and recreation services in this portion of the City are at a minimum level. The additional population generated by this project will additionally burden these services. See attached Mitigation Measures: Public Services. L - 7c - 18a. The area in which the site is located 'consists of rolling hills. Many homes to the west of the site and some to the south have a view of this area. Grading of these hills will come within close proximity to these existing homes, and will change the view that these homes presently enjoy. Subsequent construction of homes within the site will change the character of the view of the open space now afforded by the homes presently below this site. The impact of this development is that the close range view that both areas to the south and west of this site have will be dramatically changed. The distant views that the homes to the west have will be unaffected; however the homes to the south may possibly have distant views blocked to the northwest. 18b. The change in view from open space, chapparral covered hills, to a housing development could be considered offensive by those most affected by the changes in new described in No. 18a above. 18c. Those who perceive the view to be offensive, could consider the visual impact detrimental. In general, changes in views that presently exist will be unavoidable. The degree of significance in these changes will vary on an individual basis, and is a difficult subject to assess in terms environmental impacts. See attached Mitigation Measures: Aesthetics. S. DISCUSSION OF WAYS TO MITIGATE THE SIGNIFICANT EFFECTS IDENTIFIED 13. Transportation/Circulation b. A traffic signal shall be installed at the intersection of Whites Canyon Road and "A" street. C. Parking restrictions on Whites Canyon Road shall be installed and restriping of Nadal and Whites Canyon Road. 14. Public Services C . A mitigation agreement shall be entered between the applicant and the appropriate school districts. d. Park land shall be dedicated to improve the existing public park availability in the vicinity. 18. Aesthetics Uniform landscaping and fencing shall be required. The City shall have the authority to review and approve both. A landscape maintenance assessment district shall be formed to ensure continued maintenance. C. MANDATORY FINDINGS OF SIGNIFICANCE Section 15065 of the California Environmental Quality Act states, in part, that if any of the following can be answered yes or maybe, the project may have a significant effect on the environment and an Environmental Impact.Report shall be prepared. YES MAYBE NO 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sus- taining levels, threaten to eliminate a plant or animal community, reduce the number or restrict ,the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? .................. [ J [ ] [X] 2. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) ........... [ ] [ J [X] 3. Does the project have impacts which are individually limited but cumulatively considerable? (A project may impact on two or more separate resources where.the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) .. [ ] [ ] (X] 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ......... [ ) [ ] [X] `71 On the basis of this Initial Study, it is determined that: The proposed project COULD NOT have a significant effect on.the environment; and a NEGATIVE DECLARATION WILL BE PREPARED . .................................... [ Although the proposed project COULD have a significant effect on the environment, there WILL NOT be a significant effect in this case because the mitigation measures described in this Initial Study have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED ..................................... [X] The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required . ........................... ........... [ ] spa - 9 - DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF SANTA CLARITA, CALIFORNIA November 29. 1989 �///I(�i/�/ Date Signature Michael A. Rubin, Associate Planner Name and.Title 5--63 LIST OF SOURCES OF ENVIRONMENTAL INFORMATION Initial Study Vesting Tentative Tract Map 46626 and Prezone 89-002 Environmental Subject 1.. EARTH 2. AIR 3. WATER 4. PLANT LIFE 5. ANIMAL LIFE 6. NOISE 7. LIGHT & GLARE 8. LAND USE 9. NATURAL RESOURCES Source of Information City of Santa Clari[a Dept. of Public Works and Preliminary Gcotechnical Report, San., 10, 1989, by Pacific Soils Engineering, Inc. South Coast Air Quality.Mgmt. District Air Quality Handbook Santa Clarita Water Co. and Drainage Analysis, Aug., 3, 1989, by Sikand Engineering Associates City of Santa Clarita Dept. of Community Development Maps of Significant Ecological Areas City of Santa Clarita Dept. of Community Development Maps of Significant Ecological Areas Traffic Analysis, Aug., 1989, by Crain & Associates. Traffic Analysis, Aug., 1989. City of Santa Clarita Dept. of Community Development City of Santa Clarita Dept. of Community Development S -6y 10. RISK OF UPSET/HAZARDS 11. POPULATION 12. HOUSING 13. TRANSPORTATION/CIRCULATION 14. PUBLIC SERVICES 15. ENERGY 16. UTILITIES 17. HEALTH 18. AESTHETICS 19. RECREATION 20. CULTURAL RESOURCES L County of Los Angeles Fire Dept. City of Santa Clarita Dept. of Community Development City of Santa Clarita Dept. of Community Development Traffic Analysis, Aug., 1989. . City of Santa Clarita Depts. of Parks and Recreation, and Public' Works. County of Los Angeles Depts. of Fire and Sheriff, Saugus Union, Sulphur Springs Union and Wm. S. Hart High School Districts So. Calif. Edison and So. Calif. Gas So. Calif. Edison, So. Calif. Gas, Santa Clarita Water Co. Los Angeles Co. Health Dept. and Sanitation District City of Santa Clarita Depts. of Community Development, and Parks and Recreation City of Santa Clarita Dept. of Parks and Recreation State of California Dept. of Parks and Recreation Office of Historic Preservation