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HomeMy WebLinkAbout2000-06-27 - RESOLUTIONS - REMOVE OAK TREES VAL BLVD/I-5 (2)RESOLUTION NO. 00119___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING OAK TREE PERMIT 00-003 TO ALLOW FOR THE REMOVAL OF THREE OAK TREES, INCLUDING ONE HERITAGE OAK TREE, FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ON VALENCIA BOULEVARD AND INTERSTATE 5 (MASTER CASE 00-180). WHEREAS, the City Council of the City of Santa Clarita (hereafter "City") hereby makes the following findings of fact: a. An application for an oak tree permit was filed on May 8, 2000 by the City of Santa Clarita (the "applicant"). The property for which this entitlement has been filed is located on both the north and south side of Valencia Boulevard easterly of Interstate 5. The existing zoning and general plan designations for the property are BP (Business Park), BP -PD (Business Park, Planned Development) and OS (Open Space). b. The applicant has filed an oak tree permit to allow for the removal of three oak trees, including one Heritage sized tree, for the widening and roadway improvements to the interchange of Interstate 5 and Valencia Boulevard. C. The surrounding land uses include Interstate 5 and vacant land to the west, vacant land and College of the Canyons to the south, vacant land and the Woodlands project to the east and mini storage, vacant land to the north. d. At the hearing of June 6, 2000, the Planning Commission considered the staff report prepared for this project and received testimony on this proposal. At that meeting, the Planning Commission voted 4 to 1 (Commissioner Hoback dissenting) to adopt Resolution P00-019 to approve the oak tree permit. e. On June 21, 2000 the City Clerk for the City of Santa Clarita received an appeal from Councilmember Keller requesting that the item be brought before the City Council. On June 27, 2000 the City Council considered the staff report and received public testimony for the project. The discussion was held on or after 6:30 P.M. at the Santa Clarita City Hall, Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California. WHEREAS, based upon the testimony and other evidence received, the City Council further makes the California Environmental Quality Act findings as follows: a. An Initial Study and a Mitigated Negative Declaration for this project have been prepared and circulated in compliance with the California Environmental Quality Act and adopted as certified as required by that Act. b. Said study found that no adverse impact to the existing and future environmental resources of the area would result from the proposal. C. The Initial Study has been circulated for review and comment by affected governmental agencies and the public, and all comments received, if any, have been considered. The public review period was from May 17, 2000 to June 6, 2000. d. The proposed project would not have a significant adverse effect on the environment and a proposed Mitigated Negative Declaration was posted and advertised on May 17, 2000, in accordance with the California Environmental Quality Act (CEQA). e. The Mitigated Negative Declaration reflects the independent judgement of the City of Santa Clarita. f. The City Council, based upon the findings set forth above, and the Planning Commission determine, hereby finds the Mitigated Negative Declaration for this project to have been prepared in compliance with CEQA. WHEREAS, based upon the testimony and other evidence received, the City Council further makes the General Plan findings as follows: a. The City's General Plan designation for the project site is Business Park (BP) and Open Space (OS). The project is consistent with this designation as a result of obtaining an approved oak tree permit. WHEREAS, based upon the testimony and other evidence received, the City Council further makes the Oak Tree Permit findings as follows: a. That it is necessary to remove three oak trees and encroach into the protected zone of additional oak trees to enable reasonable use of the subject property which is otherwise prevented by the presence of the tree and no reasonable alternative can be accommodated due to the unique physical development constraints of the property. b. The approval of the request will not be contrary to or in conflict with the general purpose and intent of the Oak Tree Preservation Ordinance. C. The removal of the Heritage Oak Tree will not be unreasonably detrimental to the community or surrounding area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as follows: SECTION 1. Adopt the Mitigated Negative Declaration for the project and approve Oak Tree Permit 00-024 (Master Case 00-180) subject to the conditions of approval listed below: Conditions of Approval GENERAL CONDITIONS GCL The approval of this project shall expire if not put into use within two years from the date of conditional approval, unless it is extended in accordance with the terms and provisions of the City of Santa Clarita's Unified Development Code. GC2. The applicant may file for an extension of the conditionally approved project prior to the date of expiration. If such an extension is requested, it must be filed no later than 60 days prior to expiration. GC3. The applicant shall be responsible for notifying the Department of Planning and Building Services, in writing, of any change in ownership, designation of a new engineer, or change in the status of the developer, within 30 days of said change. GC4. 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 attach, set aside, void, or annul the approval of this Project by the City, which action is provided for in 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 of 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 settlement is approved by the applicant. GCS. The property shall be developed and maintained in substantial conformance with the approvals granted by the City. Any modifications shall be subject to further review by the City. GC6. Any tree removed shall be mitigated by the planting of replacement trees as determined by the Director of Planning and Building Services. GC7. Any tree, which is transplanted, shall be monitored for a minimum of five years or longer as determined by the Director of Planning and Building Services. GC8. All trees shall remain in place as they currently exist until such time the road construction necessitates their removal as determined by the City Engineer and the Director of Planning and Building Services. If tree number three is transplanted, the applicant can relocate the tree prior to construction per the recommendation of the City's Oak Tree Consultant SECTION 2. The City Clerk shall certify the adoption of this Resolution. SECTION 3. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 27th day of June 2000. YOR ATTEST: 064'-""' CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) r I, Sharon L. Dawson, City Clerk of 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 27th day of June, 2000 by the following vote of the City Council: AYES: COUNCILMEMBERS: SMYTH, FERRY, KELLAR, WESTE, DARCY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK pingcom\res00180