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HomeMy WebLinkAbout1998-02-24 - RESOLUTIONS - DENYING MC 97-146 (2)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. The City Council 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 22.16.330.13 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 e i a r 1998 YOR 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 2n r b day of February 1938 by the following vote of Council: AYES: COUNCILMEMBERS: Klaj:ic, Darcy, Smyth, Royer, Hei.dt NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: None current\ccres9832.11f CITY CLERK