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HomeMy WebLinkAbout2005-04-12 - AGENDA REPORTS - VIA PRINCESSA CONDEM MC 04-361 (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: Agenda Item: 1 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: April 12, 2005 Jason Mikaelian THE CONDEMNATION OF PROPERTY IN LOS ANGELES COUNTY, MASTER CASE NO. 04-361 (OAK TREE PERMIT NO. 04-034), A MITIGATED NEGATIVE DECLARATION AND A RESOLUTION OF NECESSITY FOR THE CONSTRUCTION AND REALIGNMENT OF THE VIA PRINCESSA EXTENSION Planning and Economic Development RECOMMENDED ACTION 1) City Council conduct a public hearing, receive staff report and review evidence presented at the public hearing, including comments and any written comments presented or received at the public hearing. 2) Adopt a resolution approving Master Case No. 04-361 (Oak Tree Permit No. 04-034) and adopt a Mitigated Negative Declaration for the removal of up to 37 oak trees on property in Los Angeles County for the realignment and construction of the Via Princessa extension. 3) No longer proceed with the condemnation proceedings or execute the required documents including an Eminent Domain Compliant to initiate immediate taking proceedings for property in Los Angeles County for the realignment and construction of the Via Princessa extension. BACKGROUND The original application request was for the City of Santa Clarita to use its condemnation authority to secure property from the Fair Oaks Homeowners Association (Fair Oaks HOA) and to approve an oak tree permit for the removal of up to 37 oak trees to realign and construct an extension of Via Princessa in Los Angeles County. Adopted: Resp. The item was first scheduled for a public hearing at the October 24, 2004 City Council meeting. However, the item was continued at the request of the Fair Oaks HOA to November 23, 2004, January 11, 2005, February 8, 2005 and April 12, 2005. This was to give staff, the developer (PacSun LLC/ Pardee Homes) and the Fair Oaks HOA additional time to discuss a potential settlement. The City met with both parties on several occasions over the past several months. The Fair Oaks HOA and Pardee Homes also met separately to reach an agreement that would be mutually beneficial to both parties. On February 22, 2005, the Fair Oaks HOA and Pardee Homes reached a private party action settlement agreement conveying the subject property to the City. The property would then be conveyed to Pardee Homes to construct the roadway. Therefore, the City no longer needs to proceed with the condemnation or execute the required documents including an Eminent Domain Complaint. However, the City Council would still need to adopt a resolution approving the Oak Tree Permit and Mitigated Negative Declaration for the realignment and construction of the Via Princessa extension. The 7.94 acre project area is located at the southern terminus of Via Princessa in the Fair Oaks Ranch development in Los Angeles County. The project area is currently owned and maintained by the Fair Oaks HOA and is undeveloped as open space. Surrounding uses to the west, north and east include open space areas, a park and single-family dwellings. To the south will be the Golden Valley Ranch development in the City of Santa Clarita, which has begun grading. Via Princessa north of the project area to State Route 14 has already been constructed, while the remaining portions outside of the present project will be constructed as part of the Golden Valley Ranch development. REALIGNED ROADWAY As part of the January 2002 City Council approval of the Golden Valley Ranch development, the developer was directed to relocate Via Princessa 250 feet to the west to reduce potential environmental impacts to, among other things, the number of oak trees in and around the project area. This new location was evaluated after careful consideration, and was determined to be the only viable alternative alignment for Via Princessa, as a further shift either to the east would have impacted existing homes and a further shift to the west would have impacted existing homes and a park. The project consists of the construction of Via Princessa as a four lane secondary highway with an 80 foot right-of-way at the northern end of the project area and widening to a 92 foot right-of-way at the City boundary. This action was anticipated as part of the Golden Valley Ranch project. This difference in width is because the City requires greater right-of-way widths for secondary highways. Both sides of the street will have sidewalks and parkway trees. No structures or uses would be constructed and the remaining project area would be preserved as open space. The developer would be required to fund and construct the roadway and fund and plant all landscaping including landscape medians, parkways, and graded slopes. The Golden Valley Ranch development would also be responsible for all roadway and median and parkway landscape maintenance, whether directly or through assessment fees. Per the California Vehicle Code, speed limits will be established once the road is open to regular traffic and an Engineering and Traffic Survey has been performed. Los Angeles County already has an 80 foot wide by 700 foot long easement to construct the roadway from the southern terminus of Via Princessa to the City boundary. However, that easement does not align with the proposed realigned roadway location in the Golden Valley Ranch development. hi order for the roadways to connect, the easement would need to be shifted up to 250 feet to the west. A total of 7.94 acres would be necessary to construct the realigned Via Princessa extension, with 1.55 acres for the roadway right-of-way, 4.93 acres for permanent slope and flood control easements and 1.46 acres for temporary easements for vehicle storage and access. The temporary easements would revert back to the Fair Oaks HOA once the roadway is constructed. None of the permanent easements would impact the park or single-family dwellings in Fair Oaks Ranch. ENVIRONMENTAL IMPACTS In January 2002, the City Council certified the Final Environmental Impact Report (EIR) for the Golden Valley Ranch development and adopted the Mitigation Monitoring and Reporting Program. All of the traffic studies and models in the report assumed Via Princessa would be extended connecting the Golden Valley Ranch development to State Route 14. As part of this application, a draft Mitigated Negative Declaration (MND) was completed. The MND stated the project will have a "Less than Significant Impact with Mitigation" on the environment with regards to aesthetics, biological resources, geology/soils and hydrology/water quality. Other areas such as air quality, hazards/hazardous materials, noise and transportation/traffic were identified as having a "Less than Significant Impact" or "No Impact" on the environment. This is because the impacts were considered less than what would have occurred with the original roadway location or were already reviewed as part of the Golden Valley Ranch EIR. The MND stated the original roadway location would be constructed over a blueline stream and cut across a drainage course. In addition, 46 oak trees would be removed, including two heritage oaks. A 2002 survey of the property identified 24 trees for removal for the revised roadway location. Updated surveys, the draft MND and noticed materials stated 34 oak trees would be removed as part of the roadway realignment. However, a more detailed survey of the project area conducted in November 2004 identified 37 trees for removal, with none being heritage oaks. This number is consistent with what was evaluated in the draft MND, and therefore, additional analysis was not required. The realigned roadway would preserve the blueline stream, but would cut across the drainage course further to the west. Mitigation measures include requiring the construction of a culvert subdrain system along the natural route of the drainage course and the replanting of 74 oak trees (a 2:1 replacement ratio). hi addition, graded slopes will be replanted with native vegetation to complement the surrounding open space areas. In July 2004, the Foothill Fire consumed a majority of the Golden Valley Ranch property and all of the project area. Testing is being conducted on the status of oak trees in the project area. While some oak trees have been uprooted and are fallen over, it may take up to two years to fully assess whether the remaining oak trees will survive. Therefore, staff is assuming all standing oak in the project area will survive and their loss would need to be mitigated. OAK TREE PERMIT Although the project area is located outside the City's boundaries, staff recommends the project be subject to the City's Oak Tree Ordinance. In the City of Santa Clarita, any request for the removal of four or more trees requires City Council or Planning Commission approval. The City values the importance of oak trees and requires the preservation of healthy oak trees unless compelling reasons justify their removal. hi this particular case, the removals are necessary to enable reasonable use of the project area which is otherwise prevented by the presence of the trees and no reasonable alternative can be accommodated. Relocating the roadway would result in a greater loss of oak trees or would negatively impact single-family residences and a park. In addition, mitigation measures have been added requiring the replanting of 74 oak trees (2:1 replacement ratio). SETTLEMENT AGREEMENT As discussed, the Fair Oaks HOA and Pardee Homes were able to reach a settlement agreement on February 22, 2005 conveying the subject property to the City. The property would then be conveyed to Pardee Homes to construct the roadway. The settlement agreement was private party action negotiated between the Fair Oaks HOA and Pardee Homes. The City's role was to encourage the parties to meet and reach an agreement. Had an agreement not been reached, the City was ready to use its authority of condemnation as outlined in the January 2002 approval of Golden Valley Ranch development. The City did not review, approve or sign the final settlement agreement. As part of the agreement, Pardee Homes is required to make improvements to Swan Park in the Fair Oaks Ranch development. The agreement also calls for Pardee Homes to pay the full cost of a traffic signal at Via Princessa and Swan when it is authorized by the appropriate government entity with seven years. If the signal has not been approved within that timeframe, Pardee Homes would pay the Fair Oaks HOA an amount equal to the cost of the traffic signal to be used to enhance traffic safety in and around the park. Staff is concerned with the wording used with regards to the traffic signal. Currently the intersection of Via Princessa and Swan is in the County of Los Angeles and would require County approvals. However, if the area were to be annexed into the City within the next seven years, the City would be the "appropriate government entity". The City has very specific thresholds that must be met to warrant the installation of traffic signals or other intersection improvements. Furthermore, a traffic signal at Via Princessa and Swan was not warranted or required as part of this application, the Golden Valley Ranch EIR or the Fair Oak Ranch EIR. Approval of this application does not imply in any way that the City would support a proposal to install the requested traffic signal. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT No fiscal impact is anticipated with this action. Per the Golden Valley Ranch development conditions of approval, the developer is required to reimburse the City for all costs associated with the project including the value of the land, staff hours and hearing costs. The developer has already deposited $50,000.00 to the City. Pardee Homes would construct the roadway and all other street improvements, implement mitigation measures and install landscaping. The City's Landscape Maintenance District (LMD) will maintain medians and parkways with funds from a bond placed by Pardee Homes. The Golden Valley Ranch Homeowners Association or Fair Oaks HOA will maintain the landscaped slopes. This is consistent with the improvements proposed with the Golden Valley Ranch development. ATTACHMENTS 1. Exhibits 1 & 2 2. Resoslution 3. Conditions of Approval 4. Mitigated Negative Declaration and Mitigation Monitoring Program available in the City Clerk's Reading File 5. Legal Description of Subject Property available in the City Clerk's Reading File z CL O M 0 z a r W U) U 1= I O m w w 00 O cn w w �r a Cx C co vs v� 6 Q = h rc O O' BE z CL 0 C? 0 R W Q V MA Z D U z a LU LU z Ira Q NOTICE OF CONTINUED PUBLIC HEARING CITY OF SANTA CLARITA CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita, at its regular meeting held February 8, 2005, continued a public hearing on THE CONDEMNATION OF PROPERTY IN LOS ANGELES COUNTY, MASTER CASE NO. 04-361 (OAK TREE PERMIT NO. 04-034), A MITIGATED NEGATIVE DECLARATION AND A RESOLUTION OF NECESSITY FOR THE CONSTRUCTION AND REALIGNMENT OF THE VIA PRINCESSA EXTENSION to April 12, 2005. The continued public hearing will be held at or after 6:00 p.m. in the Council Chamber at 23920 Valencia Blvd., Santa Clarita, California. Dated this 9s' day of February, 2005. SHARON L. DAWSON, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. AFFIDAVIT OF POSTING CITY OF SANTA CLARITA ) I, SHARON L. DAWSON, being first duly sworn, deposes and says that she is the duly appointed and qualified City Clerk of the City of Santa Clarita and that on February 9, 2005, she caused the above notice to be posted at the door of the Council Chamber located at 23920 Valencia Blvd., Santa Clarita, California. SHARON L. DAWSON, CITY CLERK Santa Clarita, California PublicHearings/CONTPH.doc