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HomeMy WebLinkAbout2000-01-11 - AGENDA REPORTS - LMD ANNEX TM52673 PM25649 (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval Item to be presented b • Nancy Delange DATE: January 11, 2000 SUBJECT: INITIATING PROCEEDINGS FOR THE ANNEXATION OF TRACT 52673, PARCEL MAP 25649 AND PARCEL MAP 20838 INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICTS DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council adopt the resolutions to initiate formation and annexation proceedings, and approve the combined Engineer's Report. The annexation of developments into landscape maintenance districts is a procedural matter. The developers are required to annex their developments into the districts as a condition of development to provide for beautification and landscape maintenance. As a condition of approval of Tract No. 52673 and Parcel Map 25649 the developers are required to enter into a landscape maintenance district to maintain the landscaping in medians in their developments. These projects fall within the limits of the Valencia Areawide Landscape District. Since this tract and parcel map directly benefit from the improvements in these medians, staff is proposing to annex these developments into the City Areawide Landscape Maintenance District as Annexation T1C. As a condition of approval of Parcel Map 20838 the developers are required to enter into a landscape maintenance district to help maintain the landscaping in and around their developments. Since this parcel map directly benefits from the improvements, staff is proposing to annex Parcel Map 20838 to Santa Clarita Landscape Maintenance District No. 1 and to form a separate maintenance zone, designated as Zone 12, to cover this development. ALTERNATIVE ACTION Do not form district or annex territory. Other direction as determined by City Council. 1 FISCAL IMPACT Annexation T1C will provide additional funding for the maintenance of median landscaping. The estimated revenues and expenditures collected from all parcels within Annexation T1C for annual maintenance will be $386. Formation of LMD Zone 12 will provide funding for the maintenance of landscaping adjacent to their development. The estimated revenues and expenditures collected from all parcels within the annexation of Zone 12 for annual maintenance will be $16,410. ATTACHMENTS Proposed Resolutions Exhibit A-1, A-2, A-3 Location Maps Petitions Engineer's Report (Available in the City Clerk's reading file.) NED:Itk pr\m 61%agn U\2000\wmkc.dce PETITION A petition to the City Council of the City of Santa Clarita, County of Los Angeles, State of California, petitioning said Council to initiate proceedings for the annexation of territory into Santa Clarita Landscape Maintenance District No. Tl, an assessment district established pursuant to the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California. WITNESSETH: A. WHEREAS, the petitioner, W9/RYE SOUTH REALTY, LLC, A Delaware Limited Liability Company, (hereinafter referred to as the "Developer"), is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clarita, County of Los Angeles, State of California, (hereinafter referred to as the "City') more particularly described as follows: Legal Description: Parcel A Lots 1 through I1 of Tract No. 52673-01 including the remainder parcel, in the City of Santa Clarita, County of Los Angeles, State of California, as shown on map filed in Book Pages_to inclusive of maps, records of said County. (hereinafter referred to as the "Property"); and B. WHEREAS, the owner is developing the Property as an industrial development in the City, (hereinafter referred to as the "Project"); and C. WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California, the City may assess the property via an existing assessment district to provide for the continued maintenance, operation and servicing of the Improvement Areas and Landscaping Improvements, and for the payment of the costs and expenses incurred for such maintenance operation and servicing; and D. WHEREAS, the Developer is the sole owner of the real Property to be benefited by the Improvement Areas, and the maintenance, operation and servicing thereof; and and E. WHEREAS, these Landscape Improvements must be maintained, operated and serviced; F. WHEREAS, the Developer must provide a means satisfactory to the City for assuring the continued maintenance, operation and servicing of the Landscape Improvements; and & WHEREAS, the Improvement Areas and Landscape Improvements must be kept maintained so as not to compromise the safety of the Landscape Improvements; and H. WHEREAS, as a condition of the grading and as a condition established for the subdivision of the Property into individual lots for the specific benefit and sale to subsequent owners, the Developer and/or successors of interest were required to complete the annexation process for inclusion into the City's Landscape Maintenance District No. Tl; and I. WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the Streets and Highways Code of the State of California, the City may establish a landscape maintenance assessment district to provide for the continued maintenance, operation and servicing of the Landscape Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation and servicing; and J. WHEREAS, the Right to Vote on Taxes Act, (hereinafter referred to as the "Act') which added Articles XIIIC and XIIID to the California Constitution requires among other things that all new assessments must comply with the Act; and K. WHEREAS, the Act also requires that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed; and L. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and M. WHEREAS, the 45 -day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and N. WHEREAS, all of the benefit is a special benefit to the Property and the parcels to be created; and 0. WHEREAS, the proposed assessments upon the Property and the parcels to be created will be for the special benefit to be received by the Property from the improvements; and P. WHEREAS, the Developer is the owner of the real property to be benefited by the Landscape Improvements, and the maintenance, operation and servicing thereof; and Q. WHEREAS, the Act does not prohibit a waiver of the 45 -day noticing period. NOW, THEREFORE, in furtherance of the foregoing recitals, the Developer does hereby petition the City as follows: 1. In order to assure the continued maintenance, operation and servicing of the Improvement Areas and Landscape Improvements, and the payment of the cost and expenses incurred for such maintenance, operation and servicing, the Developer hereby requests that the City annex the Property into City of Santa Clarita Landscape Maintenance District No. Tl (hereinafter referred to as the "District") pursuant to the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the Streets and Highways Code of the State of California. 2. The property is currently adjacent to the boundaries of the Areawide Landscape District Zone No. Tl, and the Developer requests that the Property to be incorporated and annexed into the District consist of all of the Property referenced in Paragraph A of the recitals hereinabove and shall become annexed into Zone Tl. The annual assessment shall be $48.25 per parcel and the base rate may increase at an annual amount based upon the increase in the Consumer Price Index (CPI) for the Los Angeles Area. If the assessment is not increased by a CPI in some years, the CPI may be calculated cumulatively for subsequent years. 3. As the owner of all of the real Property to be annexed into the District, the Developer hereby waives all statutory notices of hearings and rights of majority protests by interested property owners in the proposed Annexation per Section 22608 of the Streets and Highways Code. The annexed area includes Lots I through 11 including the remainder parcel. Lots 1, 6, 8, 10 and 11 are Association lots that contain landscaping only. These lots will not be assessed. In the event any of the parcels are subdivided or if the landscape lots are built upon, all subsequent parcels will be subject to the annual assessment. 4. The Developer hereby requests that the territory to be annexed into City of Santa Clarita Landscape Maintenance District No. Tl, consist of all of the Property referenced in Paragraph A of the recitals hereinabove. The total annual assessment shall be divided among the parcels of the Property in accordance with benefit received. Such assessment may be increased annually by an amount corresponding to the increase in the Consumer Price Index (CPI), all Urban Consumers for the Los Angeles -Anaheim - Riverside area. If the assessment is not increased by a CPI in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the CPI. 5. As the owner of all of the real Property, which receives a special benefit and is the only property proposed to be assessed for the special benefit and in consideration of the approval of the annexation into the District by the City, the Developer hereby proposes as follows: a. To install Landscape Improvements including, but not limited to, all appurtenances as may be reasonably required by the City; b. To bear all costs to complete the construction or other installation of the Landscape Improvements on those portions of the Property to the reasonable satisfaction of the City; C. To consent to the Annexation into the District; d. To consent to, and cast a ballot authorizing the levy of assessments against the Property in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation and servicing of the Landscape Improvements. e. To pay the assessments levied against the Property for the first fiscal year in which they are levied prior to the submittal to the City Council of any associated final subdivision map. 6. The Developer hereby requests that the annexation of the Property into the District set forth hereinabove satisfy the City's landscape condition to its approval of the Project as referenced in the recitals hereinabove. The landscape maintenance and easement areas to be administered and maintained by the District are shown on the attached Landscape Maintenance District Map. DEVELOPER/OWNER: W9/RYE SOUTH REALTY, L.L.C., a limited liability company By: Lincoln- Realty �� Nf/ Its: Sole me r Ey: Erik Ni Hansen Its: Vice President Date: 12/07/99 TGE 13:07 FAX 2681706 Cannon PETITION A petition to the City Council of the City of Santa Clarita, County of Los Astgeles, State of California, petitioning said Council to initiate proceedings for the annexation of territory into Santa Clarity Landscape Maintenance District No T1, Area Wide Median Landscaping, an assessment district established pursuant to the Landscaping and Iaghting act of 1972 as set forth in Part 2 of Division 15 (Section 22500, at seq.) of the Streets and Highways Code of the State of Cahibmia. A. WHEREAS, the petitioner, Textron. Inc., (hereinafter referred to as the "Developer"), is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clarita, County of Loa Angeles, State of California. (hereinafter referred to as the Tity7 more particularly described as follows: Parcel Map No. 26649, Parcels 1 and 2 Assessor Parcel No. 2866-007.051 and 2868-007-088 Location: SE Corner of Newhall Ranch Road and Rye Canyon Road (hereinafter referred to as the "Property'); and B_ WHEREAS, the owner is developing the Property as a commercialhzidustrial development in the City, (hereinafter referred to as the "Project"); and C_ WHEREAS, pursuant to the 'Landscaping and Lighting Aet of 1972," as set forth in Part 2 of Division 15 (Section 22600, at seq.) of the Streets and Higbways Code of the State of California, the City may assess the property via an e2dating assessment district to provide for the continued maintenance, operation and servicing of the Improvement Areas and Landscaping Improvements, and for the payment of the costa And expenses incurred for such maintenance operation and servicing; and D. WHEREAS, the developer is the sole owner of the real property to be benefited by the Improvement Areas, and the maintenance, operation, and servicing thereof; and E. WHEREAS, these Landscape Improvements must be maintained, operated. and serviced; and F. WHEREAS, the Developer must provide a means. satisfactory to the City for assuring the continued maintenance, operation and servicing of the Landscape Improvements; and 0001 12/07/99 TUE 13:08 FAS 2881708 Cannon G. WHEEREA% the. Improvement Areas and Landscape Improvements must be kept maintained so as net to compromise the safety of the landscape Improvements; and H. WHEREAS, as a condition of the grading and as a condition. established for the subdivision of the property, into, individual lots for the specific benefit and sale to subsequent owners, the developer and/or successors of interest were required to complete the annexation process for inclusion into the City's Landscape Maintenance District No. T1, Area Wide Median Landscaping; and 1. - WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the Streets and Highways Code of the State of California, the City may establish a landscape maintenance assessment district to provide for the continued maintenance, operation and servicing of the Landscape Improvements, and for the payment of the costs and aapenses incurred for such maintnnann,, operation, and servicing; and I WHEREAS, the Right to Vote on taxes Act, (hereinafter referred to as the "Act') which added Articles XMC and 3M to the California Constitution requires among other things that all new assessments must comply with the Act; and X WHEREAS, the Act also requires that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special ben4t conferred upon them and upon which an assessment will be imposed. L. WHEREAS, the California Civil Cade, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and M. WHEREAS, the 45 -day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and N. WHEREAS, all of the benefit is a special benefit to the. property and the parcels to be created; and O. WHEREAS, the proposed assessments upon the property and the parcels to be created will be for the special benefit to be received by the. property from. the improvements; and P. WHEREAS, the Developer is the owner of the real property to be benefited by the Landscape Improvements, and the maintenance, operation, and servicing thereof; and Q. WHEREAS, the Act does not prohibit a waiver of the 45 -day noticing period. Z004 12/07/99 TUE 15:09 FAX 2881708 Cannon NOW, TIMEPORE, in furtherance of the foregoing recitals, the developer does hereby petition the City as follows: 1. In order to assure the continued maintenance, operation, and servicing of the Improvement Areas and Landscape Improvements, and the payment of the cost and expenses incurred for such maintenance, Operation, and servicing, the Developer hereby requests that the City annex the Property into City of Santa Clanta Landscape Maintenance District No. 1 as Annexation No. 13 (hereinafter referred to as the "District") pursuant to the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the Streets and Highways Code of the State of California. 2. Developer requests that the Property to be incorporated and annexed into the District consist of all of the Property referenced in Paragraph A of the recitals hereinabove and shall become annexed into Santa Clarita Landscape Itainteaance District No. 1. The annual assessment shall be $4826 per parcel and the base rate may increase at an annual amount based upon the increase in the Consumer Price Inde: (CPI) for the Los Angeles Area. If the assessment isnot increased by a CPI in some years, the CPI may be calculated cumulatively for subsequent years. 3. As the owner of all of the real property to be annexed into the District, the Developer hereby waives all statutory notices of hearings and rights of majority protests by intcrested property owners in the proposed Annexation per Section 22608 of the Streets and Eliighways Code. 4. The Developer hereby requests that the territory to be annexed into City of Santa Clarita Landscape Maintenance District No. T1 oov ist of all of the property referenced in Paragraph A of the recitals hereinabove. The total annual assessment shall be divided among the parcels of the Property in accordance with benefit received. Such assessment may be increased annually by an amount corresponding to the increase in the Consumer Price Index (CP1), all Urban Consumers for the Los Angeles -Anaheim -Riverside area. If the assessment is not increased by a CPI in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increased in the CPI. 5. As the owner of all of the real property, which receives a special bana t and is the only property proposed to be assessed for the special benefit and in consideration of the approval of the azu azation into the District by the City, the Developer hereby proposes as follows. R. To install Landscape Improvements (including, but not limited to, all appurtenances as may be reasonably required by the City: b. To bear all costs to complete the construction or other installation of the Landscape Improvements on those portions of the Property to the reasonable satisfaction of the City; C. To consent to the Annexation into the District; [a 005 12/0799 TGT 13:09 FAX 2881706 . Cannot CL To consent to, and cast a ballot authorfaiag the levy of aasessmeata against the Property in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenaus, operation, and servicing of the Landscape Improvements; e. To pay the assessments levied against the Property for the first fiscal year is which they are levied prior to the submittal to the City Council of any associated final subdivision map. 6. • The Developer hereby requests that the anuemtion of the property into the District met forth hereinabove sats* the City's landscape condition to its approval of the project as referenced in the recitals hereinabove. The laadempe maintenance and easement areas to be administered and maintained by the District aro shown on the attached Landscape Maintenance District Map. DEVELOPER/OMM l is NVEINDY sD�J'fLE A .,,gwt 1, My Caar.^iri0 Expires t�ugust 1, 2001 Farr. MSPAUpcAm PETMON A petition to the City Council of the City of Santa Clarita, County of Los Angeles, State of California, petitioning said Council to initiate proceedings for the annexation of territory into Santa Clanta Landscape Maintenance District No L as Annexation No.' 13, an assassmeat district established pursuant to the Landscaping and Lighting act of 1972 as set forth in Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California WITNESSETH A. WBEREAS, the petitioner, Newhall. Lend and Farming, (hereinafter referred to as the `Developer"), is the sole owner of that certain real property (hereinafter referred to as the "Property'D located in the City, of Santa Clarita, County of Los Angeles, State of California, (hereinafter referred to as the `City") more particularly described as follows: LeW DescriDt10i1: Parcel Map No.: 20838, Lots 1 through 6 Assessor Parcel No.: Portion of 2849-001-017 Location: Scledad Canyon Road and Gladding Way (hereinafter referred to as the 'Property); and B. WHEREAS, the owner is developing the Property as a commercial development in the City, (hereinafter referred to as the "Project"); and C. WHEREAS, pursuant to the `Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 16 (Section 22500, et seq.) of the Streets and Highways Code of the State of California, the City may assess the property via an existing assessment district to provide for the continued maintenance, operation and servicing of the Improvement Areas and Landscaping Improvements, and for the payment of the costs aid expenses incurred for such maintenance operation and servicing; and D. WHEREAS, the developer is the sole owner of the real property to be benefited by the Improvement Areas, and the maintenance, operation, and servicing thereof; and E. WfIEREAS, these Landscape Improvements must be maintained, operated, and serviced, and F. WEiERF.AS, the Developer must provide a means satisfactory to the City for assuring the continued maintenance, operation and servicing of the Landscape Improvements; and G. WHEREAS, the Improvement Areas and Landscape Improvements must be kept maintained so as not to compromise the safety of the landscape Improvements; and H. WHEREAS, as s condition of the grading and as a condition established for the subdivision of the property into individual lots for the specific benefit and sale to subsequent owners, the developer and/or successors of interest were required to complete the annexation process for inclusion into the City's Landscape Maintenance District No. TI; and - I. WHEREAS, pursuant to the "Landscaping and Liglating Act of 1972," being Part 2 of Division 15-of the Streets and Highways Code of the State of California, the City may establish a Landscape maintenance assessment district to provide for the continued maintenance, operation and servicing of the Landscape Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and J. WHEREAS, the Right to Vote on taxes Act,(hereinafter referred to as the "Act") which added Articles XMC and XI1m to the California Constitution requires among other things that all new assessments must comply with the Act; and M WHEREAS, the Act also requires that the City Council conduct a public hearing not less than 45 days after moiling a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed. L. WFIEREAS, the California Civil Code, Section 3518, allows anyone to waive the advantage of a law intended solely for their benefit; and M— WE REAS, the 45-day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment Will be imposed; and N. WHEREAS, all of the benefit is a special benefit to the property and the parcels to be created; and O. WFIEREAS, the proposed assessments upon the property and the parcels to be created will be for the special benefit to be received by the property from the improvements; and P. WBRREAS, the Developer is the owner of the real property to be benefited by the Landscape Improvements, and the maintenance, operation, and servicing thereof; and Q. WHEREAS, the Act does not prohibit a waiver of the 4o-day notiang period. NOW, THEREFORE, in furtherance of the foregoing recitals, the developer does hereby petition the City as follows: I. In order to assure the continued ma,ntena uce, operation, and servicing of the Improvement Areas and Landscape Improvements, and the payment of the cost and expenses incurred for such maintenance, operation, and servicing, the Developer hereby requests that the City annex the Property into City of Santa Claeta Landscape Maintenance District No. 1 as Annexation No. 13 (hereinafter referred to as the `District') pursuant to the "Landscaping and Lighting Act of 1972' being Part 2 of Division 15, of the Streets and Highways Code of the State of California. 2. Developer requests that the Property to be incorporated and annexed into tha District consist of all of the Property referenced in Paragraph A of the recitals hereinabove and shall become annexed into Santa Clarita Landscape Maintenance District No. 1. The annual assessment shall be $2,735.00 per parcel and the base rate may increase at an annual amount based upon the increase in the Consumer Price Index (CPI) for the Los Angeles Area. If the assessment is not increased by a CPI in some years, the CPI may be calculated cumulatively for subsequent years. 3. As the owner of all of the real property to be annexed into the District, the Developer hereby waives all statutory notices of hearings and rights of majority protests by interested property owners in the proposed Annexation per Section 22608 of the Streets and Highways Code. 4. The Developer hereby requests that the territory to be annexed into City of Santa Chirita Landscape Maintenance District No. 1 consist of all of the property referenced in Paragraph A of the recitals hereinabove. The total annual assessment shall be divided among the parcels of the Property in accordance with benefit received. Such assessment may be increased annually by an amount corresponding to the increase is the Consumer Price Index (CPI), all Urban Consumers for the Los Angeles -Anaheim -Riverside area. If the assessment is not increased by a CPI in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the CPI. 5. As the owner of all of the real property, which receives a special benefit and is the only property proposed to be assessed for the special benefit and in consideration of the approval of the annexation into the District by the City, the Developer hereby proposes as follows; a. To install Landscape Improvements (including, but not limited to, all appurtenances as may be reasonably required by the City; b. To bear all costs to complete the construction or other instaIlatian of the Landscape Improvements on those portions of the Property to the reasonable satisfaction of the City; C. To consent to the Annexation into the District; d_ To consent to, and cast a ballot authorizing the levy of assessments against the Property in an amount reasonably determined by the City to cover all S. To pay the assessments levied against the Property for the first fiscal year in Which they are levied prior to the submittal to the City Council of any associated Ectal subdivision map. 6. The Developer hereby requests that the annexation of the Property into the District set forth hereinabove satisfy the City's landscape condition to its approval of the Project as referenced ID the recitals b.erezusbove. The landscape nuuntenance and easement areas to be administered and maintained by the District are shown on the attached Landscape Maintenance District Map. //-;,3 W Date - I W%&S,, t%2QW .LA. STATE OF CALIFORNIA S.S. COUNTY OF LOS ANGELES On November 23, 1999, before me, KAREN J. NOVAK, a Notary Public in and for said County and State, personally appeared ROSS PISTONE AND DAVID E. PETERSON personally known to me ( ) to be the person(s) whose name(s)4s/are subscribed to the within instrument and acknowledged to me that heAs /they executed the same in-lgsPAff/their authorized capacity (ies), and that by hisAiff/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal KAREN J. NOVAK Commission 81199121 Notary Put Aic - Caiifomia Ins Angeles County PAYCcrnm. Bpkm Oct 19,2X12