HomeMy WebLinkAbout2006-06-13 - ORDINANCES - MC 04-205 NV2 AMEND (2)ORDINANCE NO. 06-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING DEVELOPMENT
AGREEMENT AMENDMENT 04-001 (MASTER CASE 04-205) TO AMEND THE
NORTH VALENCIA 2 DEVELOPMENT AGREEMENT TO CHANGE THE PUBLIC
BENEFITS PROVIDED BY NEWHALL LAND WHICH WOULD REMOVE THE
REQUIREMENT TO CONSTRUCT A PEDESTRIAN BRIDGE ON COPPERHILL DRIVE,
AND REQUIRE THE INSTALLATION OF FIELD LIGHTS AT HERITAGE PARK PLUS
THE DEDICATION OF 36.8 ACRES OF LAND DESIGNATED AS THE
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DOES
ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS OF FACT: The City Council does hereby make the following
findings of fact:
a. On May 5, 2004, entitlement applications were filed by Newhall Land and Nextel
Communications (the "applicant") with the Community Development Department
which included a request for the approval of a conditional use permit (CUP) to allow
for the installation of eight field lights that are 80 feet in height. One of the light
poles would carry a wireless antenna at the 62'-0" height level. The applicant would
also install a 14'-0" high equipment cabinet within the park boundaries. The CUP is
required to construct and operate the lights that exceed 35 feet in height in the North
Valencia 2 (NV 2) Specific Plan Area, and for the operation of a wireless antenna in
the NV 2 Specific Plan Area (approved by separate resolution). An amendment to the
NV 2 Development Agreement has been prepared between the City of Santa Clarita
and Newhall Land. This amendment would add the installation of the lights as one of
the development agreement project benefits and eliminate the installation of the
Decoro/Copperhill pedestrian bridge. This amendment includes the dedication of 34.8
acres of the Upland Preserve to the City. The applicant also submitted an addendum
to the certified Final Environmental Impact Report (considered by separate resolution)
prepared for the NV 2 Specific Plan Project (SCH NO. 98111201), which does not
identify any new significant impacts resulting from the proposed amendment to the
development agreement or the entitlement requested or a substantial increase in the
severity of previously identified significant impacts; and
b. The application was deemed complete on September 15, 2005; and
c. The Zoning and General Plan land use designation for the NV 2 Specific Plan area is
Specific Plan (SP); and
d. This project was reviewed pursuant to the provisions of the California Environmental
Quality Act (CEQA). An Addendum to the certified Final Environmental Impact
Report (Final EIR) prepared for the NV 2 Specific Plan Project (SCH NO. 98111201)
has been prepared for this project. Preparation of an addendum to this certified Final
EIR is supported by the analysis provided within the addendum which does not
identify any new significant environmental effects, or a substantial increase in the
severity of previously identified significant effects that would require major revisions
to the Final EIR, or any new information of substantial importance, as provided in
Public Resources Code Section 21166 or in CEQA Guidelines, Section 15162 through
15164, inclusive. As a result, and in accordance with CEQA Guidelines, Section
15164, the City determined that an EIR Addendum is the appropriate document to
prepare as only minor corrections and changes to the Final EIR were necessary. This
addendum was considered by separate resolution; and
e. The Planning Commission held a duly noticed public hearing on this issue
commencing on March 7, 2006 at 7:00 p.m. at City Hall, 23920 Valencia Boulevard,
Santa Clarita. At the hearing described above, the Planning Commission considered
staff presentations, staff reports, applicant presentations, public testimony on the
proposal, and the Addendum to the NV 2 EIR prepared for the project. The Planning
Commission recommended approval of the addendum prepared, and conditional use
permit (considered and approved by separate resolution), amendment to the NV 2
Development Agreement; and
f. The City Council held a duly noticed public hearing public hearing on this issue
commencing on June 28, 2005 at 6:00 p.m. at City Hall, 23920 Valencia Boulevard,
Santa Clarita.
SECTION 2. Based upon the testimony and other evidence received at the hearing, and
upon the study and investigation made by the Planning Commission and on its behalf, the City
Council further finds as follows:
a. That the proposed development agreement is consistent with the General Plan and
any applicable specific plan; and
This is an amendment to an existing development agreement. As stated in the First
Amendment to the NV 2 Development Agreement (Exhibit B), this amendment is
consistent with the General Plan and the NV 2 Specific Plan because is allows for the
use of a public park facility after dark, though no longer than typical park usage. It
also provides for the dedication of 34.8 acres of land (Upland Preserve) that will be
preserved as open space.
b. That the proposed development agreement complies with the development code and
other applicable ordinances, standard, policies and regulations; and
This is an amendment to an existing development agreement. The proposed
amendment to the development agreement complies with the City's UDC (Unified
Development Code) and other applicable ordinances because the amendment is only
addressing public benefits (such as a reduced price to the City of Upland Preserve and
the installation of field lights at a public park). No variances from development
standards are necessary with this amendment with the approval of a conditional use
permit (approved under a separate resolution).
c. That the proposed development agreement will not:
1. Adversely affect the health, peace, comfort, or welfare of persons residing or
working in the surrounding area; or
As part of this development agreement amendment, the applicant, Newhall
Land, will install eight 80 -foot -high field lights around two existing playing
fields. The amendment to the development agreement states that because a
pedestrian bridge on Copperhill Drive and Decoro is not longer warranted, the
applicant will be responsible to, instead, install lighting at an existing park and
donate 34.8 acres of Upland Preserve to the City.
This development agreement amendment will eliminate the requirement of a
—' pedestrian bridge construction and will ensure that the City receives open
space area.
The addendum to the NV 2 EIR (attached as Exhibit C) states that less than
significant impacts to the adjacent residential neighborhood, San Francisquito
Creek and roadways would occur with the installation of the lights and the
wireless communication antenna. A photometric study was prepared and
submitted by the applicant. This study demonstrated that minimal lighting
would spill onto the neighboring residences, rights-of-way, and the San
Francisquito Creek. Less than one foot candle on adjacent uses would occur,
and the light will be clearly directed towards the fields. Lighting systems
today redirect spill light toward the field, significantly reduce glare, and
maintain the natural night sky and stars. These improved lighting systems
have been recently utilized in Central Park, Bridgeport Park and Valencia
High School. Taller standards reduce the number of needed light standards
and allow for the lights to be better directed at the play fields. Consistent with
other lighted community parks, the lights would be off when the fields are not
in use and in any case no later than 10:00 p.m. daily.
The health, peace and comfort and welfare of the persons residing or working
in the surrounding area would not be impacted with this development
agreement amendment.
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2. Be materially detrimental to the use, enjoyment, or valuation of property of
other persons located in the vicinity of the site; or
The amendment to the development agreement will remove the requirement
that Newhall Land install a pedestrian bridge (Decoro/Copperhill) that is not
longer warranted, will require that Newhall Land donate the Upland Preserve
area to the City, originally required to be purchased by the City, and that
Newhall Land install 80 -foot -high field lighting at an existing public
park. These items were analyzed in the Addendum to the Environmental
Impact Report (considered under a separate resolution), which concluded there
would be less than significant impacts to the surrounding properties and uses
as a result of the amenities described in the development agreement. The
applicant submitted a photometric study that demonstrated that less than
significant impacts would occur to the adjacent properties as a result of the
light installation.
3. Jeopardize, endanger or otherwise constitute a menace to the public health,
safety or general welfare;
The amendment to the NV2 development agreement is to ensure that
appropriate public benefits are provided by the applicant. These benefits
include the installation of field lights in an existing park to provide light at the
park so the park can continue to be used after dark, and the dedication of 34.8
acres of Upland Preserve, which will ensure there is preserved open space in
the City. It will also provide unmanned wireless communication equipment at
the park which will provide better wireless communication in the
community. The first amendment to the NV2 Development agreement will
not jeopardize, endanger or otherwise constitute a menace to the public health,
safety or general welfare because this amendment will provide public benefits
that will benefit the residents of the City of Santa Clarita.
d. That the proposed development agreement provides for clear and substantial public
benefit to the City and/or residents along with a schedule for delivery of that benefit;
The amendment to the development agreement ensures the applicant will install field
lights at an existing public park, provide for wireless antenna to be mounted on one of
the light poles, and enable the dedication of Upland Preserve to the City. No
development schedules would be revised with this development agreement
amendment. The installation of the wireless equipment and field lights would be
conditioned with the requested conditional use permit (approved under separate
resolution).
e. That the requirement of development schedules providing that construction of the
proposed development as a total project or in phases be initiated and/or completed
within specified time periods; and
rd
No changes to the time schedules established by the NV2 Development Agreement
are made with this amendment.
f. That construction of public facilities required in conjunction with such development,
including but not limited to vehicular and pedestrian rights-of-way, drainage and
flood control facilities, parks and other recreational facilities, and sewers and sewage
treatment facilities and road improvements are adequate to serve the development;
and
The public benefits stated in the amendment to the development agreement are
adequate to serve the development and the community because the applicant would
install field lights at an existing park, and dedicate the 34.8 acre Upland Preserve to
the City.
g. The limitation of future development or requirement of specified conditions under
which further development not included in the agreement ma occur; and
This amendment to the development agreement does not change such requirements or
conditions previously agreed upon.
h. The requirement of a faithful performance bond where deemed necessary to, and in
an amount deemed sufficient to guarantee the faithful performance of specified terms,
conditions, restrictions and/or requirements of the agreement. In lieu of the required
bond, the applicant may deposit with the City Clerk and assign to the City certificates
of deposit or savings and loan certificates or shares equal in amount to the same
conditions as set forth herein; and
The applicant agrees to comply with these terms, as specified in the previous
development agreement.
i. The requirements of specified design criteria for the exteriors of buildings, and other
structures, including signs; and
The design of the field lights and antenna is clearly depicted on the approved plans.
There is no design criteria necessary for the Upland Preserve dedication, as this area
will not be developed. No other requirements described in the development
agreement are amended.
j. The requirement of special yards, open spaces, buffer areas, fences and walls,
landscaping and parking facilities, including vehicular and pedestrian ingress and
egress; and
The project design outlined in the previously approved NV2 Specific Plan and
development agreement will not change with this amendment to the development
agreement.
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k. The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors,
gases, garbage, heat, and the prevention of glare or direct illumination of adjacent
properties; and
The amendment includes the installation of eight field lights which are 80 feet in
height. These lights will be used during evening park hours of operation, and will be
shut off at 10:00 PM nightly. The photometric study submitted demonstrates that less
than one foot candle would occur on the on adjacent land uses, and that the light will
be clearly directed towards the fields. Lighting systems today redirect spill light
toward the field, significantly reduce glare, and maintain the natural night sky and
stars. These improved lighting systems have been recently utilized in Central Park,
Bridgeport Park and Valencia High School. Taller standards reduce the number of
needed light standards and allow for the lights to be better directed at the play
fields. Consistent with other lighted community parks, the lights would be off when
the fields are not in use and in any case no later than 10:00 PM daily.
Wireless communication equipment would also be installed at Heritage Park. This
equipment would comply with the regulations of the 1996 Telecommunications
Act. The antenna would be mounted on one of the light poles and an equipment
cabinet would be installed at the park, by the tot lot. The antenna is the same color as
the poles, and the cabinet would have a design similar to the existing structure at the
park, and have a mural depicting a historical event in the Santa Clarita Valley. The
improvements to the park would be consistent with typical uses at a public park.
The dedication of Upland Preserve would not impact the adjacent properties.
The amendments to the NV2 Development Agreement would not impact the regular
use of adjacent properties.
1. The regulation of operating hours and other characteristics of operation adversely
affecting normal neighborhood schedules and functions on surrounding property.
The amendment to the development agreement would change the regular operating
hours of public parks, which would allow for typical programmable park use outside
of daylight hours, though not beyond 10:00PM nightly. Because the park is
existing, the amendment would not affect normal neighborhood schedules and
functions.
SECTION 3. The City Council approves the request to amend the NV 2 Development
Agreement, as shown on Exhibit `B" attached.
SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 13th day of June, 2006.
ATTEST:
CTTY CLERK:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARrTA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 06-5 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 23rd day of May, 2006. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 13th day
of June, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: McLean, Kellar, Ferry, Smyth, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CTTY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
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 Ordinance No. 06-5, adopted by the City Council of the City of
Santa Clarita, CA on June 13, 2006, 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
THIS EXHIBIT IS AN ATTACHMENT TO
RESOLUTION NO. 06-57
EXHIBIT B
FIRST AMENDMENT TO NORTH VALENCIA 2 PROJECT ANNEXATION AND
DEVELOPMENT AGREEMENT 98-001 BY AND BETWEEN THE CITY OF SANTA
CLARITA AND THE NEWHALL LAND AND FARMING COMPANY
FIRST AMENDMENT TO NORTH VALENCIA PROJECT NO.2
ANNEXATION AND DEVELOPMENT AGREEMENT 90-001
THIS FIRST AMENDMENT TO THE NORTH VALENCIA PROJECT NO. 2
ANNEXATION AND DEVELOPMENT AGREEMENT ("First Amendment") is made and entered
into as of this _ day of , 2006 ("Effective Date"), by and between the CITY OF SANTA
CLARITA, a municipal corporation ("'City"), and THE NEWHALL LAND AND FARMING
COMPANY, a California Limited Partnership ("Owner")
WITNESSETH:
A. As of October 2000, the City and Owner entered into the North Valencia Project No. 2
Annexation and Development Agreement 98-001 ("Agreement") pursuant to California Government
Code sections 65864 through 65869, for the purpose of carrying out the North Valencia No. 2 Specific
Plan project ("Project") in a marmer that would ensure certain anticipated benefits to both the City,
together with its residents, and Owner, as set forth in the Agreement.
B. Since the execution of the Agreement, the City and its residents have obtained the
majority of the benefits afforded to the City under the Agreement, as Owner has developed the Project
in conformity with its obligations under the Agreement. Pursuant to Section III, subsection C (1) of
the Agreement, Owner has, among other things, improved and dedicated a community park located at
the northwest corner of Newhall Ranch Road and McBean Parkway, now known as the "Valencia
Heritage Park."
C. The City has now determined that the installation of lights at the multi-purpose fields
within Valencia Heritage Park would expand City residents' use and enjoyment of the Park, and has
asked Owner to undertake that installation, even though Owner has no obligation to do so under the
Agreement. The City has further determined that the pedestrian bridge over Copper Hill Drive south
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of Decoro Drive ("Copper Hil1/Decoro Pedestrian. Bridge") required by Section III, subsection F of
the Agreement is no longer necessary or appropriate, and that, as a result, and in consideration for
Owner's agreement to install the lights at Valencia Heritage Park, City is willing to relieve Owner of
its obligation to build that Bridge.
D. Owner and the City have mutually agreed to amend the Agreement to require Owner to
install the lights at Valencia Heritage Park and to relieve Owner of the obligation to build the Copper
Hill/Decoro Pedestrian Bridge. As a result, the City and Owner are entering into this First Amendment
to effect those amendments, as provided in Section VII M of the Agreement.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the
mutual promises, obligations and covenants contained herein and in the Agreement, the City and
Owner do hereby agree to amend the Agreement, as follows:
Amendments to Section III of the Agreement, "Obligations of Owner."
The City and Owner agree to amend Section III of the Agreement, as follows.
1.1. Amendments to Section III C of the Agreement.
Pursuant to Section III, subsection C (1) of the Agreement, Owner agreed to
dedicate and improve a 17.6 acre park. Owner has fulfilled that obligation by, among other things,
improving Valencia Heritage Park and dedicating it to the City. In addition, Owner hereby agrees to
install lights for the multi-purpose fields, in locations shown on Exhibit A, attached hereto, as an
improvement to Valencia Heritage Park not previously required by the Agreement. The City and
Owner estimate that the installation of these lights, and the subsequent design changes to the Valencia
Heritage Park plan required due to that installation, will cost Owner approximately Two Hundred
Fifteen Thousand Dollars ($215,000).
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1.2. Amendments to Section III F of the Aereement.
Pursuant to Section III, subsection F of the Agreement, Owner agreed to provide
and install pedestrian bridges in certain locations, including, without limitation, the Copper
Hill/Decoro Pedestrian Bridge. Based on the City's determination that the Copper Hill/Decoro
Pedestrian Bridge is no longer necessary or appropriate as a bridge over Copperhill is being provided
within the adjacent West Creek conurrunity, City hereby relieves Owner of its obligation under the
Agreement to provide and install that Bridge. The City and Owner estimate that relieving Owner of
this obligation will save Owner approximately Five Hundred Twenty Thousand Dollars ($520,000).
1.3. Amendments to Section III B6.
Under Paragraph 6 of Section III, subsection B, City agreed to purchase from Owner the
"Upland Preserve Purchase Area," defined in the Agreement as approximately 61.1 acres of the
"Upland Preserve Area" (as defined in the Agreement), for a purchase price of Six Hundred Thirteen
Thousand, Eight Hundred Dollars ($613,800.00) ("Upland Preserve Purchase Area Purchase Price").
A total of 24.27 acres of this 61.1 acres ("Upland Preserve Purchase Area") was recently donated by
Owner to the City in conjunction with the Riverpark project, resulting in a reduction of the "Upland
Preserve Purchase Area" to 36.8 acres. The owner recently donated an additional two acres of this
"Upland Preserve Purchase Area" to the City of Santa Clarita as part of its final NV2 Oak Tree
Mitigation Plan. In consideration of the fact that the elimination of the Copper Hill/Decoro Pedestrian
Bridge and installation of the lights in Valencia Heritage Park, as agreed in Subsections 1.1 and 1.2,
above, are estimated to result in a net savings to Owner, the Owner agrees to donate the remaining 34.8
acres of the "Upland Preserve Purchase Area" to the City.
2. No Other Amendments or Other Modifications.
Except as amended by this First Amendment, all of the Agreement's other terms,
conditions, covenants, promises, representations and agreements remain unchanged, in full force and
effect, and fully binding on Owner and the City, respectively.
Miscellaneous.
3.1. Incorporation of Recitals and Exhibits.
Recitals A through D and Exhibits A and B attached hereto and incorporated into this
First Amendment as though fully set forth in the body thereof.
3.2. Negation of Partnership, Joint Venture or Joint Enterprise.
The Project constitutes private development. Neither the City nor Owner is acting as
the agent of the other in any respect hereunder, and City and Owner are independent entities with
respect to the terns and conditions of this First Amendment. None of the terms or provisions of this
First Amendment shall be deemed to create a partnership between or among the parties in the business
of Owner, the affairs of City, or otherwise, nor shall it cause them to be considered to be joint
venturers or members of any joint enterprise.
3.3. No Third Party Beneficiary.
This First Amendment is not intended, nor shall it be construed, to create any third -
party beneficiary rights in any person or entity that is not a party, unless expressly provided otherwise.
3.4. Entire Agreement.
This First Amendment and the Agreement together set forth and contain the entire
understanding and agreement of the parties hereto, and there are no oral or written representations,
understandings or ancillary covenants, undertakings or agreements that are not contained or expressly
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referred to herein. No testimony or evidence of any such representations, understandings or covenants
shall be admissible in any proceeding of any kind or nature to interpret or determine the terns or
conditions of this First Amendment or the Agreement.
3.5. Severability.
Invalidation of any of the provisions contained in this First Amendment, or of the
application thereof to any person, by judgment or court order shall in no way affect any of the other
provisions hereof or the application thereof to any other person or entity or circumstance, and the same
shall remain in full force and effect, unless enforcement of this First Amendment, as so invalidated,
would be unreasonable or grossly inequitable under all the circumstances or would frustrate the
purposes of this First Amendment and the rights and obligations of the parties hereto.
3.6. Construction of First Amendment.
The provisions of this First Amendment and the Exhibits hereto shall be construed as a
whole according to their cormmon meaning and not strictly for or against Owner or City and consistent
with the provisions hereof, in order to achieve the parties' objectives and purposes. Wherever required
by the context, the singular shall include the plural and vice versa, and the masculine gender shall
include the feminine or neuter genders, or vice versa.
3.7. Section Headings.
All section headings and subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this First Amendment.
3.8. Apulicable Law and Interpretation.
This First Amendment shall be construed and enforced in accordance with the laws of
the State of California, This First Amendment, together with the Agreement, shall be construed as a
whole according to it fair language and common meaning to achieve the objectives and purposes of the
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parties hereto and the rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not be employed in interpreting this First Amendment, all parties having been
represented by counsel in the negotiation and preparation hereof.
3.9. Notices.
Any notice shall be in writing and given by delivering the same in person or by sending
the same by registered, or certified mail, return receipt requested, with postage prepaid, by overnight
delivery, or by facsimile to the respective mailing addresses, as follows:
City: City of Santa Clarita
23920 Valencia Blvd., Suite 300
Santa Clarita, California 91355
Attention: Ken Pulskarnp, City Manager
Facsimile: (661) 259-8125
Copy to: Burke, Williams & Sorensen
611 West Sixth Street
Los Angeles, California 90017
Attention: Carl Newton, Esq.
Facsimile: (213) 236-2700
Owner: The Newhall Land and Fanning Company
23823 Valencia Blvd.
Valencia, California 91355
Attention: Glemz Adamick
Facsimile: (661) 255-2355
Copy to: Paul, Hastings, Janofsky & Walker, LLP
515 South Flower St., 25th Floor
Los Angeles, California 90071
Attention: Robert I. McMuny, Esq.
Facsimile: (213) 627-0705
Either City or Owner may change its mailing address at any time by giving written notice of such
change to the other in the manner provided herein at least ten (10) days prior to the date such change is
effected. All notices under this First Amendment shall be deemed given, received, made or
communicated on the earlier of the date personal delivery is effected or on the delivery date or
attempted delivery date shown on the return receipt, air bill or facsimile.
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3.10. Time is of the Essence.
Time is of the essence of this First Amendment and of each and every term and
condition hereof.
3.11. Recordation.
In order to comply with section 65868.5 of the California Government Code, City and
Owner hereby direct the City Clerk to record a copy of this First Amendment against the "Specific
Plan Area' (as defined in the Agreement and more particularly described in Exhibit B hereto) with the
County Recorder of the County of Los Angeles within ten (10) days after the Effective Date of this
First Amendment.
IN WITNESS WHEREOF, Owner and the City have executed this First Amendment as
of the Effective Date.
CITY OF SANTA CLARITA, a political THE NEWHALL LAND AND FARMING
subdivision of the State of California COMPANY (a California limited partnership)
By: By: NEWHALL MANAGEMENT LIMITED
City Manager PARTNERSHIP, a California limited
partnership, its Managing General Partner
ATTEST:
City Clerk Dated:
Approved as to Form:
By: NEWHALL MANAGEMENT LIMITED
PARTNERSHIP, a California corporation
partnership, its Managing General Partner
to
By: By:
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EXHIBIT C
ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT
SCH# 98111201
NORTH
VALENCIA
NO.2
SPECIFIC PLAN
Prepared by:
City of Santa Clarita
Department of Planning & Building Services
23920 Valencia Boulevard, Suite 300
Santa Clarita, California 91355
ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT
North Valencia No. 2 Specific Plan
State Clearinghouse No. 98111201
1.0 PURPOSE OF THE ADDENDUM
This document is an Addendum to the certified Final Environmental Impact Report (Final EIR)
prepared for the North Valencia No. 2 Specific Plan Project (SCH NO. 98111201), which was
certified on January 11, 2000 by the City of Santa Clarita. The Final EIR included all information
required by the California Environmental Quality Act (CEQA) and Guidelines, comments
received on the Draft EIR, agency responses to these comments, and supporting technical
appendices. The Final EIR addressed the following environmental topics:
• Earth (Grading and Geological Hazards);
• Air Quality (Mobile Sources and Meteorology);
• Water (Surface Water Runoff, Hydrology and Flood Hazards);
• Plant Life and Wildlife;
• Noise (Mobile Sources);
• Light (Natural and Artificial);
• Land Use (General Plan Elements and Zoning);
• Risk of Upset;
• Transportation and Circulation;
• Public Services (Fire and Sheriff Protection and Schools);
• Energy Conservation,
• Utilities (Sanitary Sewers, Water Resources, and Solid Waste and Disposal);
• Libraries;
• Population/Housing/Employment;
• Parks and Recreation;
• Agricultural Resources;
• Aesthetics and Views; and
• Cultural Resources.
The CEQA Guidelines, Section 15164, provides that an Addendum to a previously certified EIR
be prepared if changes or additions are necessary and none of the conditions in Section 15162 of
the Guidelines triggering preparation of a Subsequent EIR have occurred. Section 15162 requires
that a Subsequent EIR need only be prepared if the following conditions exist:
• Substantial changes in the project have occurred which require major revisions to the
previous EIR due to new significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
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• Substantial changes have occurred with respect to the circumstances under which the project
is being undertaken which require major revisions to the previous EIR due to new significant
environmental effects or a substantial increase in the severity of previously identified effects;
or
• New information of substantial importance has become available since the prior EIR was
certified that shows any of the following:
- The project will have one or more significant effects not discussed in the previous EIR;
- Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible and would substantially reduce one or more significant effects of the project, but
the project proponents decline to adopt the measure or alternative; or
- Mitigation measures or alternatives which are considerably different from those analyzed
in the previous EIR would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation measures or
alternative.
The primary factor influencing preparation of this EIR Addendum focuses on minor proposed
project changes that have taken place since the Final EIR was certified. Consideration of these
changes indicates that none of the conditions outlined above that would trigger the need for a
Subsequent EIR have occurred. This conclusion is supported by the analysis provided below
which has not identified any new significant environmental effects, or a substantial increase in the
severity of previously identified significant effects that would require major revisions to the Final
EIR. As a result, and in accordance with CEQA Guidelines, Section 15164, the City determined
that an EIR Addendum is the appropriate document to prepare as only minor corrections and
changes to the Final EIR were necessary.
SCOPE OF THIS ADDENDUM
As Lead Agency, the City's objective with this Addendum is to make minor technical changes
and additions to the Final EIR, where warranted, in order to ensure that the significant
environmental effects of the Project are adequately evaluated. In keeping with this objective, the
analysis contained in this Addendum assesses only those environmental topics originally
evaluated in the Final EIR that could require updating based on the proposed change in the
Project. Based on this assessment, and where warranted, supplemental analysis is provided to
support minor corrections and changes to the Final EIR, and to support the conclusion that no
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new significant effects and no increases in impact severity would occur. Unless otherwise noted
or reflected the analysis and mitigation measures contained in the Final EIR remain in effect.
Where supplemental analysis is provided, it is to demonstrate how Final EIR mitigation
measures, revised mitigation measures, or self -mitigating project design features reduce potential
impacts to levels of significance that are equivalent to or less than those identified in the Final
EIR.
1.0 INTRODUCTION/PROJECT DESCRIPTION
The Final EIR prepared for the North Valencia No. 2 Specific Plan analyzed the physical
environmental effects associated with the annexation of 596.2 acres of land and the entitlement to
develop the undeveloped portion of the annexation area (391.2 acres). Approximately 205 acres
of this area is already developed or entitled for commercial and industrial uses. Development
within the Specific Plan area has been guided by the North Valencia No. 2 Specific Plan (NV 2).
The above approval included the development of a community park (Valencia Heritage Park) at
the northwest corner of Newhall Ranch Road and McBean Parkway. The park plan included
development of the site with several multi-purpose fields, a play area, restroom facility, shade
structure, two parking lots with lighting and three lighted tennis courts.
This addendum addresses the following items:
1) The installation of 80 -foot tall lighting standards that would provide for night -use of the
multi-purpose fields as shown on the attached site plan;
2) The inclusion of cellular equipment on one of the light standards; and
3) The construction of an accessory equipment building for the cellular equipment.
All of the above improvements are shown on Attachment A. As indicated above, the Final
EIR prepared for NV 2 addressed nighttime lighting, but with regard to the community park,
only addressed nighttime lighting with respect to parking lot lighting, safety lighting and the
tennis courts. Furthermore, with regard to nighttime lighting the Final EIR discussed the
potential impacts to biological impacts as follows:
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"Nighttime illumination is known to adversely impact some species of animals in
natural areas. Nighttime light can disturb resting and foraging behavior and can
potentially alter breeding cycles and nesting behavior. Project operation would
increase the number of nighttime light sources on the site. In particular, street
and building lighting associated with development in those areas adjacent to San
Francisquito Creek, if uncontrolled, could adversely impact the composition and
behavioral patterns of those animal species associated with the creek system.
Therefore, because of its potential to eliminate a wildlife community or reduce
the number of special -status species on the site, the potential disruption to
breeding and nesting cycles and behavior of wildlife species remaining on the
project site as a result of increased nighttime light and glare is considered a
potentially significant impact."
Section 2.0 of this Addendum documents and concludes that the inclusion of lighting poles and
standards to provide for nighttime recreational use of play fields would result in no substantial
individual direct, indirect or cumulative effects.
Furthermore, the modified project does not increase the severity of the already insignificant
impacts, or create any new substantial environmental impacts. Therefore, the City of Santa Clarita
City Council has concluded that an addendum is the appropriate environmental document to
prepare under Section 15164 of the CEOA Guidelines.
2.0 TECHNICAL ANALYSIS
The technical analysis provided below is intended to discuss the impact potential of inclusion of
lighting poles, standards and cellular equipment ("Improvements") to provide for nighttime
recreational use of play fields at Valencia Heritage Park and for improved cellular service in the
local community.
The installation of the Improvements to the Valencia Heritage Park site would not result in
further or new impacts to Sections 4.1, Geotechnical Hazards; 4.2 Flood; 4.3 Traffic/Access; 4.4
Air Quality; 4.7 Cultural Resources; 4.9 Water Service, 4.10 Wastewater Disposal, 4.11 Solid
Waste Disposal; 4.12 Utilities; 4.13 Education; 4.14 Library Services, 4.15 Fire Protection, 4.16
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Parks and Recreation, 4.17 Population/Housing/Employment, 4.18 Agricultural Resources, 4.19
Sheriff Services and 4.20 Human Made Hazards of the Final EIR. A park use was planned for the
site as a part of the project description. The inclusion of lighting standards at the park site would
not change any of the impact conclusions to geotechnical hazards, flood, traffic and access, air
quality, cultural resources, water service, wastewater and solid waste disposal, utilities,
education, library services, fire protection, population/housing/employment, agricultural
resources, sheriff services and human made hazards not previously addressed in the Draft and
Final North Valencia Specific Plan EIR. The Improvements facilitate the provision of park and
recreational services proposed for the site and would provide enhanced cellular service in the
local community..
2.1 Noise
The proposed Improvements would facilitate night use of the park, which may create noise
impacts. As analyzed in Section 4.5 of the Final EIR, the proposed project included a park
adjacent to residential units. The Final EIR concluded that noise associated with the park (i.e.,
people talking and cheering, vehicle doors slamming, auto alarms, lawn maintenance, tires
squealing etc.) could be considered an annoyance if they occurred at odd hours (i.e. between
10:00 P.M. and 7:00 A.M.). However, the Final EIR concluded that given the nature of the uses
and the hours of operation of the park, it is not likely that the park would be, disruptive and
impacts would be less than significant. The City of Santa Clarita park standards require that
parks cease operations at 10:00 p.m. The Final EIR concluded that "noise levels could be
considered an annoyance if they occur at odd hours (between 10:OOPM and 7:00 AM), however
given the nature of these uses, their unlikely hours of operation outside the hours of 10:00 PM
and 7:00 AM and the City Noise Ordinance requirements, the noise levels are not expected to
exceed the City's Noise Compatibility Guidelines or Noise Ordinance." Therefore, the installation
of lighting standards would have a less than significant noise impact.
2.2 Biota
As mentioned above, the Improvements, primarily the lighting of the multi-purpose fields
associated with the park in those areas adjacent to San Francisquito Creek, if uncontrolled, could
adversely impact the composition and behavioral patterns of those animal species associated with
the creek system. A photometric site plan has been prepared (Attachment B), to demonstrate the
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light spillage from the play fields to adjacent areas, including the San Francisquito Creek. The
photometric plan demonstrates that no light spillage travels into San Francisquito Creek. Given
that no light spillage travels to San Francisquito Creek, the installation of the improvements
would have a less than significant biota impact.
2.3 Visual Resources
The proposed lighting standards would be 80 -feet in height. As indicated above, the cellular
equipment installed on one of the standards would not increase the height of these standards.
Similar lighting standards are located at Valencia High School, located immediately north of the
North Valencia No. 2 Specific Plan northern boundary as well as the Paseo Club (private
recreational facility) located north of the site along Dickason Drive. Consequently, existing
lighting sources used for athletic purposes are located in close vicinity to the proposed lighting
standards and would not create unusual visual perspectives at the site. Therefore, the installation
of lighting standards would have a less than significant visual resources impact.
The accessory cellular equipment building would be one-story and designed to be compatible
with other park buildings on-site.
Conclusion
As proposed the installation of Improvements on the Valencia Heritage Park site would result in
no substantial individual direct, indirect or cumulative impacts. Furthermore, the modified
project does not increase the severity of impacts found to be insignificant in the Final EIR, or
create any new substantial environmental impacts.
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