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HomeMy WebLinkAbout2001-11-27 - RESOLUTIONS - OAK TREE APPEAL DENIAL (2)RESOLUTION NO. 01-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DENYING THE APPEAL AFFIRMING THE DECISION OF THE PLANNING COMMISSION, THEREBY DENYING MASTER CASE NO. 99-399 (OAK TREE PERMIT 99-045) FOR THE REMOVAL OF TWO HERITAGE OAK TREES ONE LOCATED ADJACENT TO THE SOUTHEAST CORNER OF LOST CANYON ROAD AND SAND CANYON ROAD, AND ONE LOCATED ADJACENT TO THE SOUTHEAST CORNER OF LIVE OAK SPRINGS CANYON ROAD AND SAND CANYON ROAD, IN THE SAND CANYON COMMUNITY OF SANTA CLARITA THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS OF FACT The City Council does hereby make the following findings of fact: a. On December 13, 1999 an entitlement was filed by Robinson Ranch (the "applicant") with the Planning, Building, and Environmental Services Department consisting of an oak tree permit to remove two heritage oak trees. b. The project has two site locations: Site A) adjacent to the southeast corner of Lost Canyon Road and Sand Canyon Road; Site B) Adjacent to the southeast corner of Live Oak Springs Canyon Road and Sand Canyon Road, in the Sand Canyon Community of the City of Santa Clarita, 91351. Both trees are located on City of Santa Clarita right of way. C. This project ` was reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA). The City of Santa Clarita prepared an Initial Study for the project which determined that although the proposed project may have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, and mitigation measures are required that reduce impacts to insignificant levels. d. The proposed project is a result of required road improvements with the approval of Robinson Ranch Golf Course project and it's environmental impact report, Master Case 95-049. e. The City of Santa Clarita Development Review Committee met and supplied the applicant with draft conditions of approval. f. The Planning Commission held a duly noticed hearing on this issue on August 1, 2000 and on February 6, 2001. These hearings were held at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita. g. The Planning Commission held a duly noticed meeting on this issue on February 27, 2001. This meeting was held at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita. Denial Resolution for Master Case 99.399 Robinson Ranch, OTP 99.046 Nooember 2001, Page 2 of 3 h. On March 6, 2001, the Planning Commission adopted Resolution P01-07 that formally denied the applicant's request to remove the two heritage trees. The applicant subsequently appealed the denial to the City Council. i. The City Council held a duly noticed hearing on this issue on November 27, 2001 after a continuance of the item from October 23, 2001. This hearing was held at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita. j. Public participation and notification requirements pursuant to Sections 65090, 65391, and 65854 of the Government Code of the State of California were duly followed. k. At the hearing described above, the City Council considered staff and consultant presentations, staff reports, applicant presentations, public testimony on the proposal, and the Mitigated Negative Declaration prepared for the project. SECTION 2. OAK TREE PERMIT FINDINGS In making its determination regarding the oak tree permit application, the City Council has considered certain principles and standards, and finds and determines as follows: a. That it is not necessary to remove cut, prune, cut, or encroach into the protected zone of the oak trees to enable reasonable use of the subject property; that other reasonable alternatives can be explored and accommodated within the physical development constraints of the property; that the project could modify its proposal to avoid removing the heritage oak trees and would still meet the objectives of the project's mitigation measures and the conditions of approval. b. The approval of the request will be contrary to or in conflict with the general purpose and intent of the Oak Tree Preservation Ordinance because the proposal would remove two visually significant oak trees and this would have a negative effect on the {rural character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as follows: a. The City Council hereby denies Oak Tree Permit 99-045. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. SECTION 4. This resolution shall be effective immediately upon its adoption on the 2r day of November 2001. 2 Dental Resolution for Matter Can 99.399 Robinson Ranch, OTP 99.045 November 2001, Page 3 of 3 PASSED, APPROVED AND ADOPTED this 27" day of November 2001. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF SANTA CLARITA ) I, Sharon L. 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 27' day of November 2001, by the following vote of the Council: AYES: COUNCILMEMBERS: Kellar, Ferry, Smyth, Darcy, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PBSI�C M39tMwu27 a -- CITY CLERK 3