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HomeMy WebLinkAbout1999-04-27 - ORDINANCES - MC 98-114 PORTA BELLA GVR (2)ORDINANCE NO. 99-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING MASTER CASE NO. 98-114 FOR ZONE CHANGE 98-002 TO RESIDENTIAL ESTATE -PLANNED DEVELOPMENT (RE - PD), RESIDENTIAL MODERATE -PLANNED DEVELOPMENT (RM -PD), RESIDENTIAL MEDIUM HIGH -PLANNED DEVELOPMENT (RMH-PD), BUSINESS PARK -PLANNED DEVELOPMENT (BP -PD), NEIGHBORHOOD COMMERCIAL -PLANNED DEVELOPMENT (CN -PD) AND COMMUNITY COMMERCIAL -PLANNED DEVELOPMENT (CC -PD) AND MODIFICATIONS TO THE PORTA BELLA SPECIFIC PLAN AND DEVELOPMENT AGREEMENT TO ALLOW FOR A FOUR MONTH EXTENSION OF THE PURCHASE DATE OF THE METROLINK STATION AND TO ALLOW GOLDEN VALLEY ROAD TO TRAVERSE THE SITE AND TO ALLOW THE CONSTRUCTION OF GOLDEN VALLEY ROAD AND GRADING FOR A PROPOSED HIGH SCHOOL SITE IN THE CANYON COUNTRY AREA 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. The Golden Valley Road and High School project is generally located east of the Porta Bella development area, south of Soledad Canyon Road, west of Sierra Highway, and north of the Placerita Canyon area in the City of Santa Clarita. b. In February, 1998, the City and William S. Hart Union High School District entered into a non-binding Memorandum of Understanding (MOU) regarding certain aspects of the potential construction and cost sharing of the construction of Golden Valley High School and Golden Valley Road from approved Tract 42670 to Sierra Highway in the Canyon Country area. C. In April 1998, the City and Santa Clarita Business Park entered into a Development Agreement regarding certain aspects of the potential construction of Golden Valley Road from approved Tract 42670 to Sierra Highway in the Canyon Country area. The City was required to prepare the required environmental documentation per the California Environmental Quality Act (CEQA). d. On May 15, 1998, Master Case No. 98-114 was submitted for the following entitlement requests: modification to the Porta Bella Specific Plan and Development Agreement, Zone Change 98-002, and General Plan Amendment 98-003 to change the zoning and general plan categories from Residential Estate (RE), Residential Low (RL), Residential Moderate (RM), and Business Park (BP) to RE, RM, Residential Medium High (RMH), BP, Neighborhood Commercial (CN), and Community Commercial (CC). The project also includes the grading and construction of Golden Valley Road. e. The Golden Valley Road/High School project area is generally vacant, with a number of slopes including an identified primary ridgeline. Oil and water wells Ord99-9 Page 2 are located adjacent to the site. Major features of the area include Oro Fino Canyon, a portion of the San Gabriel Fault Zone, the DWP aqueduct pipeline, natural gas transmission lines, cable television facilities and electrical transmission corridors. The project consists of (1) the grading of a 135 -acre school site with an export of approximately 1.5 million cubic yards of earth, (2) construction of approximately 11,000 feet of Golden Valley Road, a major highway on the City's Circulation Element, with the import of 1.5 million cubic yards from the school site, (3) General Plan amendments as previously identified, and (4) modifications to the Porta Bella Specific Plan. Two scenarios were analyzed for the Porta Bella amendments, with Scenario "A" being a more intensive development. g. The City of Santa Clarita prepared an Initial Study for the project, which determined that the project may have a significant effect on the environment and that an environmental impact report must be prepared. A Notice of Preparation (NOP) for the project was mailed in July, 1998 to affected agencies. A scoping meeting was held at Santa Clarita City Hall in July, 1998 to obtain information from the public as to which issues should be addressed in the environmental document. r`. h. The Golden Valley Road/High School Site Draft Environmental Impact Report (Draft EIR) was circulated for review and comment by the affected governmental agencies and all comments received have been considered. The Draft EIR (SCH#98071076) was distributed to the Planning Commission, the public and affected governmental agencies for a 45 -day public review period beginning on February 3, 1999, and ending on March 22, 1999. Late comments were accepted until March 29, 1999, to allow for mail delays. i. The Planning Commission held five duly noticed public hearings on the Draft EIR for the Golden Valley Road/High School Site Project and related entitlements commencing on February 16, 1999, and continuing on March 2, 1999, March 16, 1999, and March 30, 1999, with an action being taken on April 6, 1999. These public hearings have been held at 7:00 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA 91355. Three of the public hearings were held during the public comment period. These public hearings were held for the purpose of providing an opportunity for the Commission and the public to consider focused discussions on each of the environmental issue areas discussed in the Draft EIR. j. Prior to the April 6, 1999, Planning Commission hearing, all modifications to the Porta Bella Specific Plan and Development Agreement were tabled and this item was continued to a date uncertain with two exceptions. The first is that the r alignment of Golden Valley Road could traverse the Porta Bella site once the State Department of Toxic Substances Control (DTSC) releases the area. The Ord99-9 Page 3 second modification is a four-month extension on the purchase agreement between the City and the owners of the Porta Bella site for the Metrolink station. k. Prior to the April 6, 1999, Planning Commission Hearing, the requested zone changes on properties, excluding the Porta Bella project, were modified to include a Planned Development (PD) overlay zone which would require a conditional use permit be obtained prior to construction with the exception of the high school facility. The PD overlay would allow for more orderly development in the area. 1. The Final EIR, herein incorporated by reference, includes the Draft EIR and the following: responses to written comments on the Draft EIR, responses to public testimony regarding Draft EIR issues raised at the public hearings during the public comment period, modifications to the Draft EIR text, and the Mitigation Monitoring and Reporting Program (MMRP). The Draft EIR was provided to the Commission on February 3, 1999, and the remaining Final EIR documents were prepared and provided to the Planning Commission on March 31, 1999. Prior to recommending project approval, the Planning Commission considered the Final EIR, as well as information provided in staff reports, the amendment text, and public testimony. M. On April 6, 1999, the Planning Commission adopted a recommendation that the City Council adopt an ordinance approving the requested zone change and modifications to the Porta Bella Specific Plan and Development Agreement document. n. The City Council held duly noticed public hearings on this project commencing on April 13, 1999 and April 27, 1999. On April 13, 1999, the City Council certified the FEIR for this project (Resolution 99-60), held the first reading of this ordinance, waived further reading of the ordinance, and continued this item for a second reading on April 27, 1999. On April 27, 1999, the City Council having waived further reading, completed the second reading in order to approve Zone Change 98-002 which changes the existing zoning to RE -PD, RM -PD, RMH- PD, BP -PD, CN -PD and CC -PD and modifications to the Porta Bella Development Agreement and Specific Plan to allow a four-month extension to the purchase agreement and allows for Golden Valley Road to traverse the site (Exhibits A and B). All the public hearings on the project were held 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 hearings held for the project, and upon studies and investigations made by the Planning Commission and the City Council and on its behalf, the City Council further finds as follows: a. At the hearings described above, the City Council considered staff presentations, staff reports, Planning Commission staff reports and resolutions, applicant Ord99-9 Page 4 presentations, public testimony on the proposal, and the FEIR prepared for the project. b. The Zone Change and modifications to the Porta Bella Specific Plan and Development Agreement provides for development standards and types of public and private improvements that will not cause serious public health problems, since access, water, sewage disposal, fire protection, and solid waste disposal are addressed in the MMRP. C. The Final Environmental Impact Report identifies certain significant environmental effects. The Final Environmental Impact Report identifies feasible mitigation measures for each of these impacts with the exclusion of air quality, visual resources, agricultural resources, solid waste disposal, and biota, which cannot be avoided through mitigation. The identified mitigation measures have been incorporated into the Mitigation Monitoring Reporting Plan (MMRP) and conditions of approval for the project. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby finds as follows: a. A FEM including the Draft EIR, Responses to Comments, Text Changes to the DEIR and Mitigation Monitoring and Reporting Plan (MMRP), and the Statement of Overriding Considerations for this project have been prepared and circulated in compliance with the California Environmental Quality Act (CEQA). The Planning Commission adopted Resolution P99-09 recommending that the City Council certify the FEIR and adopt a Statement of Overriding Considerations. The City Council certified the FEIR and adopted the Statement of Overriding Considerations through adoption of Resolution 99-06. b. This project as modified by the Planning Commission and City Council will not adversely affect the health, peace, comfort or welfare of persons residing in the area; nor be materially detrimental to the use, enjoyment, or valuation of property in the vicinity of the project site; nor jeopardize, endanger or otherwise constitute a menace to the public health, safety, or general welfare since the project conforms with the City's General Plan, Unified Development Code and is compatible with surrounding land uses. C. The project has substantiated the findings for approval of a Zone Change and to modify a Development Agreement and Specific Plan. SECTION 4. The City Council hereby approves Zone Change 98-002 consisting of a zone change to City of Santa Clarks. RE -PD, RM -PD, RMH-PD, BP -PD, CN -PD and CC -PD and modifies the existing Porta Bella Specific Plan and Development Agreement as modified by the Planning Commission and City Council and herein incorporated by reference (Exhibit A and B). Ord99-9 - Page 5 modifies the existin a Bella Specific Plan and Develop t Agreement as modified by the Planning Comm issio City Council and herein incorpo a d by reference (Exhibit A and B): SECTION 5. This Ordinance shall become effective at 12:01 a.m. on the thirty-first day after adoption. SECTION 6. The City Clerk shall certify as to the passage of this Ordinance and cause it to be published in the manner prescribed by law. PASSED AND APPROVED this 27f n day of anri 1 199g_. OR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. oo_o was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of April , That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 7 -7i ---h day of April 19gg_ by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 9:\cd\counci1\ord9909.doc Ferry, Weste, Klajic, Heidt, Darcy None None VLL,-- . CITY CLERK