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Home My WebLink About2003-07-08 - ORDINANCES - GATE KING DEVAGMT (2)ORDINANCE NO. 03-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH GATE KING PROPERTIES LLC FOR THE 508.2 ACRE SITE LOCATED SOUTH OF SAN FERNANDO ROAD, EAST OF PINE STREET, AND WEST OF SIERRA HIGHWAY RECITALS. a. Whereas, the applicant, Gate King Properties, LLC., formally requested certain project entitlements related to the Gate King Industrial Park Project on September 9, 1999 (Master Case 99-264). Such entitlement requests included General Plan Amendment 99-003, Zone Change 99-002, Tentative Tract Map 50283, Hillside Review 99-004, Conditional Use Permit 99-013, Development Agreement 99-002, and Oak Tree Permit 99-029. b. Whereas, an Environmental Impact Report has been prepared, circulated in compliance with the California Environmental Quality Act (CEQA), and certified as required by the Act. C. Whereas, the Planning Commission held duly noticed public hearings on the Gate King Industrial Park entitlements on February 19, 2002, and continuing on March 19, 2002, May 7, 2002, June 4, 2002, July 2, 2002, and July 16, 2002. The Planning Commission closed the public hearing on July 2, 2002 and made a motion to direct staff to return to the July 16, 2002 meeting with resolutions recommending certification to the City Council for the FEIR, approval of the "C Street Alternative Project #5." On July 16, 2002, the Planning Commission adopted a recommendation that the City Council approve TTM 50283("C" Street Alternative #5), and General Plan Amendment 99-003, Zone Change 99-002, Oak Tree Permit 99-029, Conditional Use Permit 99-013, Hillside Review 99-004, Development Agreement (Deal Points) 99-002, and consider the Final Environmental Impact Report (FEIR), and ultimately certify the FEIR. Notice of said public hearings was given in the manner required by the Santa Clarita Municipal Code and State law. d. Whereas, the City Council held a duly noticed public hearing on the Gate -King Industrial Park project entitlements on November 12, 2002, April 8, 2003, and May 27, 2003 and a public meeting on January 28, 2003. On May 27, 2003, the City Council recommended, and the applicant agreed, to further amend C Street Alternative #5. Thus, the proposed project as modified would subdivide 508.2 acres into 68 industrial lots (184.6 acres), 4 water tank lots (12.2 acres), one helipad lot (2.1 acres) and 33 open space lots (257.4 acres) plus streets and rights- of-way (52.4 acres) for a total of 106 lots. The 33 open space lots consist of landscaped slopes, trails, and City dedicated open space lots (207.6 acres). Ordinance No. 03-10 Page 2 e. All public hearings and meetings on the project were held at 6:00 p.m. in the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. The City Council public hearing were advertised in The Signal, through on-site posting 14 days prior to the hearing, and by direct first class mail to property owners within 500 feet of the project area. FINDINGS. Based upon the above recitals, 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 on its behalf, the City Council is satisfied that: a. At the hearings described above, the City Council considered staff presentations, staff reports, Planning Commission resolutions, applicant presentations, and public testimony on the Development Agreement. b. The Development Agreement is consistent with the General Plan. C. The Development Agreement complies with the Development Code and other applicable ordinances, standards, policies, and regulations. d. The Development Agreement will not: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working the surrounding area; 2. Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; or 3. Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. e. The Development Agreement provides for clear and substantial public benefit to the City and residents along with a schedule for delivery of the benefit. f. The project, as regulated by the Development Agreement, will provide a schedule for the development to be constructed in phases to be initiated within specified time periods. g. The construction of public facilities are required in conjunction with the development including, but not limited to, vehicular or pedestrian rights of way, drainage and flood control facilities, parks and other recreational facilities, community trails, sewers or sewage treatment facilities, and road improvements adequate to serve the development. Ordinance No. 03-10 Page 3 h. The project, as regulated by the Development Agreement, prohibits one or more uses normally listed as permitted, accessory, subject to Director's review or subject to permit in the zone where placed. i. The project, as regulated by the Development Agreement, limits future development or requires specified conditions under which further development not included in the agreement may occur. j. The project, as regulated by the Development Agreement, requires specified design criteria for the exteriors of buildings and other structures, including signs. k. The project, as regulated by the Development Agreement, requires special yards, open spaces, buffer areas, fences and walls, landscaping, and park<ng facilities, including vehicular and pedestrian ingress and egress. 1. The project, as regulated by the Development Agreement, includes provisions to regulate nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties. M. The project, as regulated by the Development Agreement, restricts operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property. n. As necessary, the Development Agreement requires a faithful performance bond or other appropriate security in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement. o. The applicant has substantiated the findings for approval of a 15 -year Development Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby approves Development Agreement 99-002 (on file in the City Clerk's office). SECTION 2. This Ordinance shall become effective at 12:01 a.m. on the thirty-first day after adoption. SECTION 3. The City Clerk shall certify as to the passage of this Ordinance and cause it to be published in the manner prescribed by law. Ordinance No. 03-10 Page 4 PASSED, APPROVED AND ADOPTED this 8th day of July, 2003. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 03-10 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of June, 2003. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 8th day of July, 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: McLean, Kellar, Weste, Ferry, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK JWH S:\PB S\CURRENT\! 1999\99-264TIINALORDDACC