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HomeMy WebLinkAbout2010-07-13 - AGENDA REPORTS - SUNSET HEIGHTS MOU (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT 1ZAgenda Item: 0 .18 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: July 13, 2010 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA CLARITA AND THE SUNSET HEIGHTS HOMEOWNERS ASSOCIATION Public Works RECOMMENDED ACTION City Council grant the City Manager authority to execute the Memorandum of Understanding (MOU), subject to City Attorney approval. Approval of this MOU does not constitute an approval of the Conditional Use Permit (CUP) or street vacation, nor does it obligate the City to approve either request. 2. Grant the City Manager the authority to structure the payment of the CUP fee as outlined in the MOU and waive the fee if the approval of the CUP is not granted. BACKGROUND The Sunset Heights Homeowners Association (Applicant) has submitted an application to privatize the streets within their association through the street vacation process. However, the Applicant does not wish to pursue the street vacation unless the streets can be gated after the vacation process is complete. Gates are prohibited on public streets, but are permitted on private streets with the approval of a Conditional Use Permit (CUP). Thus, the Applicant needs a CUP for the proposed gates approved by the Planning Commission and a street vacation resolution approved by the City Council. Each entitlement needs the other to move this application forward. To assist with the complex procedures, a Memorandum for Understanding (MOU) will outline the needed steps for the street vacation and CUP and how each entitlement will be processed. The outline will also detail each party's obligation to the processes. This MOU does not constitute approval for the street vacation or the CUP and does not obligate the City to approve either entitlement. The MOU does not address the operation or the appearance of the gate(s). All issues related to the gates will be addressed during the CUP process, which will be a fully noticed public hearing. ALTERNATIVE ACTIONS Other actions as determined by the City Council. FISCAL IMPACT The MOU provides for waiving the application fee if the CUP for the gates is denied. The application fee is currently $9,960. ATTACHMENTS Memorandum of Understanding Location Map MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA CLARITA AND SUNSET HEIGHTS HOMEOWNERS ASSOCIATION Sunset Heights Homeowners Association (APPLICANT) has submitted to the City of Santa Clarita (CITY) an application to vacate the streets within the tract and has expressed an intent to file with the CITY an application for a Conditional Use Permit (CUP) to privatize the neighborhood by installing one or more gates at the tract boundaries. The CITY is desirous of working with neighborhoods to facilitate resolution of street and traffic issues when there is consensus within the neighborhood and the legal and practical means to resolve such issues exist. APPLICANT has previously submitted an application for street vacation with the CITY. The APPLICANT does not wish to consider vacation of the streets within the Sunset Heights tract unless those streets can be gated if vacated. Gating is prohibited on public streets, but is permitted on private streets, with a CUP. Thus, the APPLICANT needs both a CUP for the gating, as well as a resolution of the City Council for the vacation. The CUP is normally processed before the Planning Commission and the vacation is processed before the City Council. Because the CUP requires the vacation, and the vacation requires the CUP, the required entitlements can either be processed by going first to the City Council for consideration and a possible "conditional approval" of the requested vacation (subject to approval of a CUP by the Planning Commission), or first to the Planning Commission for consideration and a possible "conditional approval" of the CUP (subject to approval of a street vacation by the City Council). To resolve these sequencing options, this Memorandum of Understanding (MOU) outlines the procedure by which the requested "gates and street vacation," (PROJECT), will be processed and specifies certain obligations of each party. 1. The CITY will waive the processing fees for the CUP until such time and only if the street vacation resolution is approved by the City Council. 2. This MOU will be presented to the City Council for consideration at a regularly scheduled City Council meeting. 3. If the City Council in its sole discretion approves this MOU, the APPLICANT will file a formal application with all requested data and documents for a CUP for the gate(s). 4. The APPLICANT will provide plans, reports, and other data in sufficient detail to address any issues raised at the City Council meeting and the items noted in the One Stop Comments dated November 12, 2009. 5. The CUP package will be reviewed by City staff and when the information is complete, the CUP for the gates will be presented to the Planning Commission for consideration. 6. If the Planning Commission in its sole discretion approves the CUP (subject to approval of the vacation by the City Council), the PROJECT will be presented to the City Council for its consideration at a regularly scheduled City Council meeting for consideration of a resolution for vacation of the streets within the subdivision. 7. If the City Council, in its sole discretion, adopts the resolution of vacation, the APPLICANT shall pay all outstanding application and entitlement fees associated with this PROJECT prior to the CITY'S recordation of such resolution. APPLICANT understands and agrees that this MOU in no way constitutes an approval of the street vacation or the CUP for gating. Further, APPLICANT understands and agrees that APPLICANT may in no way rely upon an anticipated approval of the PROJECT based upon this MOU. The CITY retains full discretion to approve or deny the PROJECT, and a denial of the PROJECT shall in no way constitute a breach of this MOU. With the exception of the application and processing fees described herein, neither party to this MOU shall be liable to the other for any costs or liabilities incurred by such other party pursuant to this MOU or in furtherance of the processing of the entitlements for the PROJECT. This MOU is intended solely to set forth the sequencing of entitlement processing for the PROJECT as well as the timing for the payment of the fees associated with such processing. This MOU shall expire 180 days from the date of its execution by both parties, unless extended for up to an additional 180 days by the City Manager, after request by the APPLICANT. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the date set forth below. SUNSET HEIGHTS HOMEOWNERS ASSOCIATION By: Its: By: Its: CITY OF SANTA CLARITA Kenneth Pulskamp, City Manager APPROVED AS TO FORM Carl K. Newton, City Attorney Dated: Dated: C