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HomeMy WebLinkAbout2005-04-12 - RESOLUTIONS - VIA PRINCESSA CONDEM MC 04-361 (2)RESOLUTION NO. 05-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE NO. 04-361 (OAK TREE PERMIT NO. 04-034) AND ADOPTING 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 THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDING OF FACT. The City Council does hereby make the following findings of fact: A. An application for the realignment and construction of Via Princessa and an oak tree permit was filed on September 1, 2004 by the City of Santa Clarita (the "applicant'); and B. The property for which this entitlement has been filed is located at the southern �. terminus of Via Princessa in the Fair Oaks Ranch community in the County of Los Angeles (7.94 acres of Tract No. 47200-01, 02 and 05). The existing County zoning of the property is Specific Plan I -- Open Space; and C. The applicant has filed an oak tree permit to remove up to 34 oak trees as identified in a 2002 survey for the realignment and construction of the Via Princessa extension; and D. An updated survey of the property was conducted in November 2004, and amended the request to remove up to 37 oak trees, which is consistent with the original survey; and E. The surrounding land uses include open space areas, a park and single-family residences to the west, north and east. The proposed Golden Valley Ranch development will be to the south; and F. The project was duly noticed in accordance with the noticing requirements for an oak tree permit and mitigated negative declaration on October 5, 2004; and A public hearing was duly noticed for the City Council meeting of October 26, 2004 which was held at 6:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA and continued to the City Council meetings of November 23, 2004, January 11, 2005, February 8, 2005 and April 12, 2005. During the April 12, 2005 meeting, the City Council received the Resolution No. 05-36 Page 2 staff report, staff presentation and public testimony on the project and approved the removal of up to 37 oak trees for the realignment and construction of the Via Princessa extension; and G. Under a separate resolution, the City Council was prepared to consider the condemnation of the subject property for the realignment and construction of the Via Princessa extension. However, a settlement agreement between the parties involved has been reached conveying the subject property to the City of Santa Clarita. Therefore, the Resolution for Necessity has been abandoned. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based on the foregoing facts and findings, the City Council of the City of Santa Clarita hereby finds as follows: A. An Initial Study and a Mitigated Negative Declaration for this project have been prepared in compliance with the California Environmental Quality Act (CEQA); and B. 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 document was posted and advertised on October 5, 2004, in accordance with CEQA. The public review period was open from October 5, 2004 through October 26, 2004; and C. There is no substantial evidence that the project will have a significant effect on the environment. The Mitigated Negative Declaration reflects the independent judgment of the City of Santa Clarita; and D. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the City Council is the Master Case 04-361 project file within the Planning and Economic Development and is in the custody of the Director of Planning and Economic Development; and E. The City Council, based upon the findings set forth above, hereby finds that the Mitigated Negative Declaration for this project has been prepared in compliance with CEQA. SECTION 3. OAK TREE PERMIT FINDINGS. Based upon the foregoing facts and findings, the City Council of the City of Santa Clarita hereby finds as follows: A. That it is necessary to remove the oak trees and encroach into the protected zone to enable reasonable use of the subject property, which is otherwise prevented by the presence of the oak trees. No reasonable alternative can be accommodated due to the unique physical development constraints of the property because other Resolution No. 05-36 Page 3 locations may cause greater environmental impacts. The original location for the roadway would have removed eight additional oak trees, with two of them heritage oaks; and 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 because it is consistent with the requirements of the code and mitigation measures provided by the City Oak Tree Specialist. SECTION 4. Based upon the testimony and other evidence, if any, received at the public hearing, and upon studies and investigations made by the City Council and on its behalf, the Council further finds and determines that this proposal is consistent with the City's General Plan. SECTION 5. The City Council of the City of Santa Clarita approves the following entitlement requests under Master Case No. 04-361; the realignment and construction of an extension of Via Princessa and Oak Tree Permit No. 04-034 to remove up to 37 oak trees on property in Los Angeles County subject to the conditions of approval as referenced herein as Exhibit "A". SECTION 6. The City Clerk shall certify the adoption of this Resolution and certify this record to be a full, complete and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this 12`h day of April, 2005. ATTEST: ITY CLERK Resolution No. 05-36 Page 4 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 12`6 day of April, 2005, by the following vote: AYES: COUNCILMEMBERS: Weste, Kellar, Ferry, McLean, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARTTA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 05-36, adopted by the City Council of the City of Santa Clarita, California on April 12, 2005, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20_. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk EXHIBIT "A" CONDITIONS OF APPROVAL MASTER CASE NO. 04-361 (OAK TREE PERMIT NO. 04-034) APRIL 12, 2005 General Conditions 1. The applicant is permitted to remove up to thirty-seven (37) oak trees from the subject property and to complete the grading and construction involved with the realignment and construction of the Via Princessa extension in Los Angeles County. 2. 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. 3. The approval of this project shall expire if not put into use within two years from the date of this conditional approval, unless it is extended in accordance with the terms and provisions of the City of Santa Clarita's Unified Development Code. 4. 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 not later than 60 days prior to expiration. 5. The applicant shall be responsible for notifying the Department of Planning and Economic Development, 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. 6. 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. 7. Within ten (10) days of the completion of work, the applicant's oak tree consultant shall submit written certification to the City. The certification shall describe all work performed and whether such work was performed in accordance with the permit conditions. 8. All work shall be performed in general accordance with the Oak Tree Preservation and Protection Guidelines, as well as the procedures contained in the Oak Tree Report. Preserving Existing Trees 9. The applicant shall work with the City's Oak Tree Specialist to preserve as many trees as possible and reduce the number of trees impacted. All trees identified to be preserved shall be fenced at the approved work limits with chain-link fencing in accordance with the Oak Tree Preservation and Protection Guidelines. The fencing shall remain in placed until removal is authorized by the Planning Division. 10. The applicant shall provide a forty-eight (48) hour notice to the City and the applicant's oak tree consultant prior to the start of any approved work within the protected zone of any oak tree. 11. All approved pruning of the remaining trees in the subject property shall be performed by a qualified arborist under the direction of the applicant's oak tree consultant. The arborist shall use the Pruning Standards of the Western Chapter of the International Society of Arboriculture. 12. All approved excavation performed within the protected zone of any oak tree shall be performed with hand tools under the direction of the applicant's oak tree consultant. 13. No construction materials, debris or vehicles shall be stored within the protected zone of any oak tree at any time. 14. Unless specifically approved by the City, no planting or irrigation shall be placed within the protected zone of any oak tree. 15. At the completion of construction, the applicant shall place three inches (3") of an approved mulch throughout the dripline of each oak tree. Mitigation Measures for Removed Trees 16. A minimum 74 replacement trees shall be planted in and around the open space area of the roadway extension (2:1 replacement for the 37 trees). In addition, one acom shall be planted next to each replacement tree. If 74 trees cannot be accommodated along the roadway extension, the balance shall be planted out in other appropriate areas of dedicated open space within the vicinity of the project area. Replacement trees shall be coast live oak (Ouercus agrifolia), grown from a local seed source and shall be planted into an area of the project site to be dedicated as open space. Tree sizes at time of planting should be minimum 20 trees at 36" box and 20 trees at 48" box and all remaining trees minimum 24" box. 17. Prior to the removal of any oak trees, the applicant shall submit an oak tree replanting plan to City of Santa Clarita Urban Forestry Division for their review and approval. 18. Removal of potential raptor nest trees should be limited to the time period between September 1 to January 31. Alternatively, prior to any trees being removed during the raptor nesting season, a survey for active nests shall be conducted by a qualified biologist at the site two weeks prior to any scheduled tree removal. If active nests are located, then all construction work must be conducted at least 500 feet from the nest until the young have fledged and are independent of the adults. Other Mitigation Measures 19. To reduce the long-term loss of any native habitat, a landscape plan shall be prepared for all graded areas and shall be submitted for review and approval by the City of Santa Clarita Planning Division prior to the issuance of a grading permit. The landscape plan shall utilize only locally indigenous plant species and varieties. 20. The use of pesticides, rodenticides, herbicides, fungicides and other topically applied chemicals shall be minimized throughout the landscaping and greenway portions of the site. These chemicals shall never be applied directly to open water systems, within drainages or to any portion of retained natural open space. 21. Install subdrain system along natural route of drainage course and within buttress and stability fill keys prior to fill placement. 22. The City of Santa Clarita and Los Angeles Flood Control District shall review all hydrology and drainage plans for the site to determine if the drainage pattern adequately reduce peak flows to pre -development levels. SAPEn\CURRENT12004\04-361 (Via Princessa GVR)\04-12-05 Hearing\04-12-05 oak tree conditions.doc