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HomeMy WebLinkAbout2000-01-11 - AGENDA REPORTS - COLMER DEV OPEN SPACE DEDICATE (2)CITY OF SANTA CLARITA AGENDA REPORT UNFINISHED BUSINESS DATE: January 11, 2000 City Manager Item to be presented 13�' Lauren Weste SUBJECT: DEDICATION OF OPEN SPACE — COLMER DEVELOPMENT COMPANY DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council to provide direction on offer of dedication from Colmer Development Company. This item is placed on the agenda at the request of Mayor Pro Tem Weste. On July 13, 1999, the City Council approved a motion to accept an offer of dedication of approximately 40 acres of land in Canyon Country, north of Begonias Lane Park. The Council's acceptance was contingent upon the owner providing public access to the site, and a Phase I Environmental Site Assessment for the property. Upon completion of the Environmental Site Assessment, it would be submitted to the City Attorney for approval. To date, Mr. Colmer has not provided the City a Phase I Environmental Site Assessment as requested in letters dated July 20, August 20, and December 8, 1999. Mr. Colmer has requested a waiver of the Phase I Environmental Site Assessment (see attached letter dated December 14, 1999), due to the City's earlier approval of a California Environmental Quality Act (CEQA) review, which was part of the subdivision's entitlement process. Mr. Colmer has been advised that the Environmental Site Assessment is a separate process with different criteria from that of CEQA, and that it is the City's policy to require such an assessment prior to any real property acquisition. The purpose of the CEQA process is to analyze the onsite and offsite impacts of a proposed project such as air quality, traffic, and increased public services, and to minimize or mitigate those impacts. An Environmental Site Assessment is a practice used by public agencies to determine the physical condition of the property acquired or donated, and to ensure it is free of environmental hazards (geological hazards, soil contamination, historical use of property, etc.). The 40 -acre open space parcel is surrounded by single family residential property. Public access to the site has been identified by Mr. Colmer utilizing a drainage corridor located between residents. This area provides access for pedestrians only. Maintenance and emergency vehicles currently have no direct access to the site. Ralh 3g R, ALTERNATIVE ACTION Postpone parcel review and recommendation on acceptance of the parcel until criteria for acceptance of open space currently being developed by the Planning Department is adopted by the City Council. Waive the requirement for a Phase I Environmental Site Assessment and accept the property as is. Other action as determined by City Council. FISCAL IMPACT If the City elects to accept the offer of dedication, it will require approximately $20,000 to secure and clean up the site. Ongoing maintenance costs are estimated to be $8,000 annually. ATTACHMENTS Correspondence between Mr. Colmer and the City. REP:TR:cac pr\council\ag r pts \2000\colmer2.doc li�l.Hl I I N 41 gill 5000 Parkway Calabasas • Suitc 110 • Calabasas • Califomia 91302 • (818) 222-5666 • FAx (818) 222-5668 • EMAn. COLMER32@tnsn.com December 14, 1999 Mayor Darcy and City Council City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 Re: 40 Acres of Open Space Dear Mayor Darcy and City Council On July 13, the City Council unanimously approved my offer to dedicate approximately 40 acres for open space to the City against the Parks Department Staffs objections. Since that time, I have tried to finalize the dedication. On July 20, the Parks Department wrote me a letter providing a list of Due Diligence items for my completion. I responded on August 6 and provided them with the items that they did not already have in their possession with the exception of a Phase I Environmental Site Assessment. I requested waiver of the assessment. Yesterday I received the response to my August 6 letter and subsequent multiple phone calls. According to Joseph Inch's letter of December 8, 1999, the City Attorney has advised the Parks Department that they cannot accept land for public ownership without a Phase I study. I believe that the Phase I Site Assessment is unnecessary. The City approved a Negative Declaration Environmental Evaluation for the property prior to approval of tract maps for 51857 and 52372. The negative declaration determination concluded that all environmental risks were insignificant. It also included a determination that there were no environmental hazards on the property. By approving of the negative declaration, the City has already approved an environmental assessment of the 40 acres of open space along with 40 home sites. Why does it need to be done again? If a determination has already been made that there was no environmental risk for development of 40 homes plus open space, why should there be an increased environmental risk to the City today for accepting just the open space property? Mayor Darcy and City Council December 14, 1999 Page 2 Nothing has been done to the property to increase the environmental risk since the City approved the two negative declarations. No hazards were discovered during site clearing and grading. In addition, subsurface surprise environmental risks are reduced today as a result of the explorations we made during our grading operations. I hope that you will ask the City Attorney and the Parks Department Staff to waive the requirement for this Phase I Environmental Site Assessment. WC:ldp cc: Mr.I Inch Enclosure City of Santa Clarita 23920 Valencia Blvd. Phone Suite 120 (661) 255.4910 Santa Clarita Fax California 91355.2196 (661) 255-1996 December 8, 1999 Mr. Wayne Colmer Colmer Development Company 5000 Parkway Calabasas, Suite 110 Calabasas, CA 91302 Dear Mr. Colmer. Since our last correspondence, we have consulted with our Department Director and the City Attorney regarding your request to avoid providing a Phase I Environmental Site Assessment. The City Attorney has advised us that we cannot accept land for public ownership without this documentation in a satisfactory form. The City of Santa Clarita will require a Phase I Environmental Site Assessment to be conducted prior to transfer of title. This letter will serve as your 30 -day notice to provide the City with an acceptable Phase I Environmental Site Assessment. In the event that a Phase I Environmental Site Assessment is not submitted within the 30 -day period, you will risk the prospect of the City rejecting your offer of dedication. You may wish to have your selected consultant provide the City with their credentials and experience for review prior to contracting with them. This could avoid a delay or rejection of their work based on City standards for accepting reports from consulting firms. Sincerely, os h Inch Proje t Development Coordinator JMI:cac PlandWrespons2.doc cc: Tom Reilly, Park Development Administrator PRINTED ON RECYCLED PAPER COLMER I_[" DI:VI:[ _OI" EAT company y 5000 Parkway Calabasas • Suite 110 • Calabasas • Califomia 91302 (313) 2225666 • Fke (818) 222.5668 • EMAIL C0LMER32@msn.ccr. August 31, 1999 Mr. Joseph Inch Project Development Coordinator City of Santa Clarita Parks Department 23920 Valencia Boulevard, Suite 120 Santa Clanta; CA 91355-2196 Dear Mr. Inch: I am enclosing a copy of the Final Tract Map highlighting the access point adjacent to Lot 37. There is over 110 feet of on street parking in front of Lot 37 and adjacent lots that provide access to the lot. In addition, there is a graded dirt road leading to the detention basin, that is part of lot 37 that provides easy access to the trails on lot 37. Preparation of a Phase I Environmental Site Assessment Study is not our responsibility. The City prior to approval of the tract map made an environmental assessment of the property. Their environmental check list and negative declaration shows the city felt that there were no environmental issues concerning this property. If the City feels that there are no environmental issues and is willing to allow a development of residential homes on the site, there is no reason for the Parks Department to require additional environmental studies. A, Phase I Assessment should therefore not be necessary. If you have any questions, please call me. WC:ldp Enclosure cc: Lorraine West with copy of 8-20-99 letter City of Santa Clarita 23920 Valencia Blvd. Phone Suite 120 (661) 255-4910 Santa Ciarita Fax Calitomia 91355.2196 (661) 255.1996 August 20, 1999 Mr. Wayne Colmer Colmer Development Company 5000 Parkway Calabasas, Suite 110 Calabasas, CA 91302 Dear Mr. Colmer: Thank you for sending the Title Report, (Environmental) Negative Declarations and the Final Track Map for the City's review. Per your instructions I will request a copy of the appraisal from Ken Trone. The City of Santa Clarita will require a Phase 1 Environmental Site Assessment to be conducted prior to transfer of title. It is the City's policy not to accept public use land without clear and convincing documentation supporting an uncontaminated parcel. You may wish to have your selected consultant provide the City with their credentials and experience for review prior to contracting with them. This could avoid a delay or rejection of their work based on City standards for accepting reports from consulting firms. Upon review of the Final Tract Map, I did not locate your identification of the lot(s) for access and parking. Please provide the relevant information on the proposed lot(s). Sincerely, Joseph Inch Project Development Coordinator JMI:Itk yr%p6nd+.\eo %ro Ldw PRINTED ON RECYCLED PAPER City of Santa Clarita 23920 Valencia Blvd. Suite 120 Santa Clarita California 91355-2196 July 20, 1999 Phone (661) 255-4910 Fax (661)255-1996 Mr. Wayne Colmer Colmer Development Company 5000 Parkway Calabasas, Suite 110 Calabasas, CA 91302 Dear Mr. Colmer: RE: OPEN SPACE DEDICATION I have been assigned as project manager to complete the due diligence review for your proposed dedication of open space lands to the City of Santa Clarita. It is my understanding that you have available for our review the following documents: 1. Property Appraisal 2. Preliminary Title Report and Legal Description 3. Phase I Environmental Site Assessment 4. Parcel Survey, with monument locations and closed loop calculation for the parcel 5. Project Environmental Impact Report I also understand that you will be providing a separate lot(s) for access and parking. I would appreciate it if you would provide the relevant information on the proposed lot(s). If you have any questions or wish to review our acquisition process, please contact me at (661) 286-4143. Sincerely, Q a Jo phM. Inch Pr ect Development Coordinator Plandev\introletdoc cc: Wayne Weber, Parks Superintendent PRINTED ON RECYCLED PAPER . r r G' -y COLMr-dR D EVELO 1A ENT company 5000 Parkway Calabasas • Suite 110 • Calabasas • Califomia 91302 • (818) 222-5666 • Fir (818) 222-5668 • EMAIL COLJlER32@msn.cor. August 6, 1999 Mr. Joseph M. Inch Project Development Coordinator City of Santa Clarita 23920 Valencia Boulevard, Suite 120 Santa Clarita, CA 91355-2196 Dear Mr. Inch: In response to your request for information to complete your review of the dedication of open space land, I am enclosing the following: 1. Title report and legal description 2. Negative Declaration and environmental Assessments. Phase I study is not required because there were no environmental issues. 3. Final tract map showing monument locations and calculations A complete appraisal of the property was made for purposes of establishing Quimby fees for Tracts 51857 and 52372. This appraisal was prepared by Scott Voltz and delivered to you in November of 1998. Ken Trone has a copy. It should satisfy your requirements. Please let me know if you have any questions or require any additional information. I would like to know how quickly you will be transferring title. Si, ere , W e Colmer WC:Idp W sd cc gov parks