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HomeMy WebLinkAbout2011-07-12 - AGENDA REPORTS - PRE ANNEX AGMTS (2)Agenda Item: 14 CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: w Item to be presented by: Patrick Leclair DATE: IJuly 12, 2011 SUBJECT: PRE -ANNEXATION AGREEMENTS BETWEEN THE CITY OF SANTA CLARITA AND RANCHO DELUXE, LLC.; AND SABLE RANCH AND RANCHO MARIA FOR THE POTENTIAL ANNEXATION TO THE CITY OF SANTA CLARITA: DEPARTMENT: Community Development RECOMMENDED ACTION City Council conduct the public hearing and grant the City Manager the authority to execute the Pre -Annexation Agreements between the City of Santa Clarita and Sable Ranch and Rancho Maria; and the City of Santa Clarita and Rancho Deluxe, LLC, subject to City Attorney approval. On April 27, 2011, the City Council approved the Vista Canyon project including the annexation of the Vista Canyon project area property known as the Fair Oaks Ranch/West Sand Canyon Annexation Area. This annexation area included the parcels between Golden Valley Ranch and Sand Canyon. Initially, the annexation area included privately held parcels to the south of Placerita Canyon Road, some of which were in the Angeles National Forest. With the exception of the open space property owned by the City (the "East Walker Ranch"), all property south of Placerita Canyon was excluded from the annexation area to be considered for annexation at a future date. Staff has been working with the property owners who own the majority of the property south of Placerita Canyon that are being considered for annexation as a part of the South Sand Canyon Annexation Area. These properties include the existing movie ranches known as Sable Ranch, Rancho Maria, and Rancho Deluxe. In order to be considered for annexation, the property owners of these movie ranches have requested a Pre -Annexation Agreement to outline the APPROVED process for annexation, as well as to ensure filming rights would be accepted by the City upon annexation. Therefore, staff has prepared two Pre -annexation Agreements that outline the terms between the City and property owners, in exchange for support of the City's annexation efforts. PRE -ANNEXATION AGREEMENTS In exchange for support of the City's efforts to annex the privately owned parcels on the south side of Placerita Canyon adjacent to Sand Canyon, the property owners of the Sable Ranch/Rancho Maria movie ranch and the Rancho Deluxe movie ranch have conceptually agreed upon various deal points in the attached Pre -Annexation Agreements. The City Council may, in its sole discretion, agree to specific terms and conditions prior to annexation to the City. Given that the operations at the Rancho Deluxe and Sable/Rancho Maria are existing in the unincorporated portion of the Santa Clarita Valley, the property owner has requested that the City Council consider various terms that would ensure filming operations would be able to continue upon annexation to the City. The following is a brief summary of the major deal points in the Pre -Annexation Agreements: Deal Points 1 and 2 clarify that the City has the full discretion to approve or deny the submittal of any annexation application to the Local Agency Formation Commission; however, if the City does approve of a request for annexation, the property owners will support the City's annexation efforts. Deal Point 3 in each document grants exceptions to the City's Unified Development Code (UDC) to permit historical filming operations and residential uses that exist on the property, including existing signage and perimeter fencing. Based on the current General Plan designation for the property (Open Space), these exceptions are necessary to enable the property to comply with the City's UDC to continue to have filming operations on the property. In addition to these exceptions, Deal Point 9 will begin the process for the creation of an overlay zone, the Movie Ranch Overlay Zone, to place on the properties to allow for the continued filming operations on the properties, as well as creating a process for expansion of these filming uses. The Planning Commission and City Council will need to consider the creation of this Overlay Zone at future fully noticed public meetings. Deal Point 8 initiates the process for Pre -Zoning the properties "Open Space - Agriculture" to create zoning consistency of the project site with the existing "A-2" zoning of the project sites in the County of Los Angeles. The Planning Commission and City Council will need to consider this Pre -Zoning designation at future fully noticed public meetings. A copy of each of the Pre -Annexation Agreements is attached for the Council's review and consideration. The property owners associated with these Pre -Annexation Agreements have reviewed the agreements and support the approval of the documents, and are further supportive of annexation to the City of Santa Clarita. 0 NEXT STEPS If the Pre -Annexation Agreements are approved by the City Council, staff would prepare the required environmental work for the project and prepare the applicable Prezone ordinance, LAFCO resolution to authorize the City Manager to submit an application to LAFCO for the South Sand Canyon annexation area, along with the proposed Movie Ranch Overlay zone language, for a hearing before the Planning Commission at one of their regular meetings anticipated for September 2011. If both are recommended for approval by the Planning Commission, these items would be required to be heard by the City Council. At this time, staff anticipates that a hearing before the City Council would likely be scheduled in October 2011. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT No fiscal impact is anticipated with respect to the approval of these Pre -Annexation Agreements. ATTACHMENTS Pre -Annexation Agreement - Sable Ranch/Rancho Maria Pre -Annexation Agreement - Rancho Deluxe 3 PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND SABLE RANCH AND RANCHO MARIA REGARDING ANNEXATION TO THE CITY OF SANTA CLARITA SECTION 1. This PRE -ANNEXATION AGREEMENT between the City of Santa Clarita ("City") and Sable Ranch and Rancho Maria ("Owner") shall serve as the terms and conditions for annexation of the property owned by Sable Ranch and Rancho Maria, its subsidiaries, and affiliates to the City of Santa Clarita. This Pre -Annexation Agreement shall not vest an Owner any right to develop the land defined and described in Section 2 hereof, nor shall it limit or control or diminish any previously -vested right to develop except as explicitly set forth herein. SECTION 2. The property included as a part of this Pre -Annexation Agreement is a private land holding within the Angeles National Forest generally located south of Sand Canyon Road, including the following Los Angeles County Assessor Identification Numbers: 2848-013-018, 2848-013-014, 2848-013-017, 2848-013-016, 2848-014-017, 2848-011-014, and 2848-014-016 ("Property"). Owner represents and warrants that it owns or has equitable rights to the title of all parcels constituting the Property. SECTION 3. The City and Owner agree to the following terms, covenants, and conditions as follows: I . Upon adoption by the City Council of a Resolution of Application pursuant to Government Code Section 56700 to initiate annexation proceedings, the City will initiate and process, as expeditiously as possible, a proposal for annexation and a Sphere of Influence Amendment before LAFCO affecting the property described above. Owner acknowledges that the City Council is vested with full discretion to adopt or refuse to adopt the Resolution of Application and that this Pre -Annexation Agreement shall not be construed as a warranty, guarantee, commitment or assurance regarding City Council's adoption of such resolution. 2. Owner agrees to support City's annexation and Sphere of Influence Amendment of the Property and any associated properties and to work with and support City planning efforts where such efforts promote and advance the objectives set forth in this Pre -Annexation Agreement. 3. Pursuant to Section 17.01.080(G) of the City's Municipal Code and except as otherwise stated in this Pre -Annexation Agreement, City hereby approves the following exceptions: a. The City agrees to honor historical film operations including existing filming operations, filming sets, and residential uses currently on the Property. Any modifications to these historical operations will be reviewed on a case by case basis to ensure consistency with the provisions of the City of Santa Clarita Unified Development Code. b. Existing signs on the Property shall be considered to be cultural/historic signs and shall be permitted to remain on the Property as legal signs. Should these signs be substantially altered, the signs may be subject to the regulations in place at the time that alterations are proposed. Should the signs be destroyed by fire or other calamity, the signs may be reestablished on the Property provided that permits for construction are pursued within 180 days of the event and are diligently pursued to completion. General maintenance and upkeep of all existing signs on the property shall be, permitted, provided that there is not an increase in the number or size of the existing signs. c. Existing perimeter fencing shall be permitted to remain in place and shall be permitted to be maintained by the Owner to secure the Property and the related filming operations. Any modifications to the fencing (including additional fence height or location changes) shall be subject to permits where applicable. City finds and determines that such approval is consistent with the General Plan because these uses are existing uses that were established prior to the incorporation of the City of Santa Clarita and have become an integral part of the community and will not have an adverse affect on the environment or the surrounding land uses as existing uses. Further, any future development on the Property, or expansions of existing uses will be subject to further review by the City in accordance with Section 17.01.170 of the Unified Development Code to ensure consistency with the City's General Plan. 4. The City shall work to secure trails leading from City -owned lands adjacent to the Property to deter recreational or other access into the Property. Further, the City has no plans to provide, construct, or create the opportunity for additional publicly maintained trails within the vicinity, or along the boundaries, of the Property. 5. The City shall further work with the property owner to incorporate various measures to ensure additional privacy, including, but not limited to, additional landscape, or other measures upon the mutual agreement of both parties. 6. The City will not enforce any additional regulations regarding the use of firearms on the Property, other than those regulations that currently exist on the Property as a result of its location within the Angeles National Forest. 7. Based upon the location of the Property within the Sand Canyon Community, its rural nature and the absence of similar City Landscape Maintenance District (LMD) and Streetlight Maintenance District (SMD) services for 5 adjacent properties, the Property will not be assessed any additional LMD or SMD levies upon annexation to the City. The City has designated the Property as "Open Space" in the One Valley, One Vision (OVOV) Joint City and Los Angeles County General Plan. It is the City's intention to consider Pre -zoning the subject site "Open Space — Agriculture" to be consistent with the "Open Space" designation under the OVOV General Plan. Please be advised that a Pre -zone entitlement is subject to the approval of the City Council, who, in its sole discretion, would be required to approve of any Pre -zoning on the subject site. 9. City agrees, to pursue the creation of a "Movie Ranch Overlay Zone" (the "Overlay Zone"), if not already completed at the time of annexation, to address the existing and future filming operations on the Property and encourage and incentivize filming within the Movie Ranch Overlay Zone. In supplement to the "Open Space — Agricultural" base zoning designation of the Property, the Overlay Zone will further address separations/setbacks from residential uses, special events, filming hours, temporary structures for filming purposes, and protective fencing (temporary or otherwise) specific to the Property. Owner acknowledges that the creation of the Overlay Zone could require additional review under the California Environmental Quality Act. The City further agrees to designate Sable Ranch and Rancho .Maria as Movie Ranches upon annexation of the properties to the City, or adoption of the Movie Ranch Overlay Zone, whichever comes last. 10. With the exception of inspections associated with active permits and inspections associated with life -safety concerns, routine inspections will be coordinated with, and approved by, the Owner in advance of the inspection. 11. Owner stipulates that all businesses operating on the Property shall designate the City of Santa Clarita as the point of sale (or use) for sales tax generated as a part of their business. 12. Except as otherwise stated in this Pre -Annexation Agreement, City agrees that additional conditions will not be required of Owner prior to issuance of Certificates of Occupancy, except as necessary to ensure public health and/or safety. SIGNATURES ON THE NEXT PAGE 69� IN WITNESS WHEREOF, the Parties hereby execute this Pre -Annexation Agreement as authorized by the City Council of the City of Santa Clarita and Sable Ranch and Rancho Maria. Dated: 2011 CITY OF SANTA CLARITA ATTEST: Kevin Tonoian Acting City Clerk APPROVED AS TO FORM: wo City Attorney Bv: Marsha McLean, Mayor SABLE RANCH AND RANCHO MARIA Name, Title PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND RANCHO DELUXE, LLC - REGARDING ANNEXATION TO THE CITY OF SANTA CLARITA SECTION 1. This PRE -ANNEXATION AGREEMENT between the City of Santa Clarita ("City") and Rancho Deluxe, LLC ("Owner") shall serve as the terms and conditions for annexation of the property owned by Rancho Deluxe, LLC, its subsidiaries, and affiliates to the City of Santa Clarita. This Pre -Annexation Agreement shall not vest an Owner any right to develop the land defined and described in Section 2 hereof, nor shall it limit or control or diminish any previously -vested right to develop except as explicitly set forth herein. SECTION 2. The property included as a part of this Pre -annexation Agreement is a private land holding within the Angeles National Forest generally located south of Placerita Canyon Road and west of Sand Canyon Road, including the following Los Angeles County Assessor Identification Numbers: 2848-011-011; 2848-011-012; 2848- 011-013; 2848-012-032; 2848-012-042; 2848-012-066; 2848-012-069; 2848-012-077; 2848-035-004; 2848-035-005; 8950-999-579 ("Property"). Owner represents and warrants that it owns or has equitable rights to the title of all parcels constituting the Property. SECTION 3. The City and Owner agree to the following terms, covenants, and conditions as follows: 1. Upon adoption by the City Council of a Resolution of Application pursuant to Government Code Section 56700 to initiate annexation proceedings, the City will initiate and process, as expeditiously as possible, a proposal for annexation and a Sphere of Influence Amendment before LAFCO affecting the property described above. Owner acknowledges that the City Council is vested with full discretion to adopt or refuse to adopt the Resolution of Application and that this Pre -Annexation Agreement shall not be construed as a warranty, guarantee, commitment or assurance regarding City Council's adoption of such resolution. 2. Owner agrees to support City's annexation and Sphere of Influence Amendment of the Property and any associated properties and to work with and support City planning efforts where such efforts promote and advance the objectives set forth in this Pre -Annexation Agreement. 3. Pursuant to Section 17.01.080(G) of the City's Municipal Code and except as otherwise stated in this Pre -Annexation Agreement, City hereby approves the following exceptions: a. The City agrees to honor historical film operations including existing filming operations, filming sets, and residential uses currently on the Property. Any modifications to these historical operations will be reviewed on a case by case basis to ensure consistency with the provisions of the City of Santa Clarita Unified Development Code. b. Existing signs on the Property shall be considered to be cultural/historic signs and shall be permitted to remain on the Property as legal signs. Should these signs be substantially altered, the signs may be subject to the regulations in place at the time that alterations are proposed. Should the signs be destroyed by fire or other calamity, the signs may be reestablished on the Property provided that permits for construction are pursued within 180 days of the event and are diligently pursued to completion. General maintenance and upkeep of all existing signs on the property shall be permitted, provided that there is not an increase in the number or size of the existing signs. c. Existing perimeter fencing shall be permitted to remain in place and shall be permitted to be maintained by the Owner to secure the Property and the related filming operations. Any modifications to the fencing (including additional fence height or location changes) shall be subject to permits where applicable. City finds and determines that such approval is consistent with the General Plan because these uses are existing uses that were established prior to the incorporation of the City of Santa Clarita and have become an integral part of the community and will not have an adverse affect on the environment or the surrounding land uses as existing uses. Further, any future development on the Property, or expansions of existing uses will be subject to further review by the City in accordance with Section 17.01.170 of the Unified Development Code to ensure consistency with the City's General Plan. 4. The applicant shall provide a 12 -foot -wide irrevocable offer of dedication from the existing Placerita Canyon Road pavement for a future City trail. The City shall work to ensure that trails leading from City -owned lands (including but not limited to the property commonly known as the "East Walker Ranch" to the west of the Property) adjacent to the Property, are secured to deter recreational or other access into the subject area. Further, the City has no plans to provide, construct, or create the opportunity for additional publicly maintained trails within the vicinity of the Property. 6. The City will not enforce any additional regulations regarding the use of firearms on the Property, other than those regulations that currently exist on the Property as a result of its location within the Angeles National Forest. 7. Based upon the location of the Property within the Sand Canyon Community, its rural nature and the absence of similar City Landscape Maintenance District (LMD) and Streetlight Maintenance District (SMD) services for adjacent properties, the Property will not be assessed any additional LMD or SMD levies upon annexation to the City. 8. The City has designated the Property as "Open Space" in the One Valley, One Vision (OVOV) Joint City and Los Angeles County General Plan. It is the City's intention to consider Pre -zoning the subject site "Open Space — Agriculture" to be consistent with the "Open Space" designation under the OVOV General Plan. Please be advised that a Pre -zone entitlement is subject to the approval of the City Council, who, in its sole discretion, would be required to approve of any Pre -zoning on the subject site. 9. City agrees, to pursue the creation of a "Movie Ranch Overlay Zone" (the "Overlay Zone"), if not already completed at the time of annexation, to address the existing and future filming operations on the Property and encourage and incentivize filming within the Movie Ranch Overlay Zone. In supplement to the "Open Space — Agricultural" base zoning designation of the Property, the Overlay Zone will further address separations/setbacks from residential uses, special events, filming hours, temporary structures for filming purposes, and protective fencing (temporary or otherwise) specific to the Property. Owner acknowledges that the creation of the Overlay Zone could require additional review under the California Environmental Quality Act. City further agrees to designate Rancho Deluxe as a Movie Ranch upon annexation of the property to the City, or adoption of the Movie Ranch Overlay Zone, whichever comes last. 10. With the exception of inspections associated with active permits and inspections associated with life -safety concerns, inspections will be coordinated with, and approved by, the Owner in advance of the inspection. 11. Owner stipulates that all businesses operating on the Property shall designate the City of Santa Clarita as the point of sale (or use) for sales tax generated as a part of their business. 12. Except as otherwise stated in this Pre -Annexation Agreement, City agrees that additional conditions will not be required of Owner prior to issuance of Certificates of Occupancy, except as necessary to ensure public health and/or safety. SIGNATURES ON THE NEXT PAGE /0 IN WITNESS WHEREOF, the Parties hereby execute this Pre -Annexation Agreement as authorized by the City Council of the City of Santa Clarita and Rancho Deluxe, LLC. Dated: .2011 CITY OF SANTA CLARITA ATTEST: Kevin Tonoian Acting City Clerk APPROVED AS TO FORM: LOW City Attorney Bv: Marsha McLean, Mayor RANCHO DELUXE, LLC Name, Title CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: APPLICATION: Pre -Annexation Agreements PROJECT LOCATION: Various movie ranch properties located south of Placerita Canyon Road and west of Sand Canyon Road in Los Angeles County unincorporated territory. PROJECT APPLICANT: City of Santa Clarita, Rancho Deluxe, LLC, and Sable Ranch/Rancho Maria PROJECT DESCRIPTION: The City Council will consider the approval of two separate Pre - Annexation Agreements between the City of Santa Clarita, Rancho Deluxe, LLC., and Sable Ranch/Rancho Maria for the potential annexation to the City of Santa Clarita. The City of Santa Clarita City Council will conduct a public hearing on this matter on the following date: DATE: July 12, 2011 TIME: 6:00 p.m. or later LOCATION: City of Santa Clarita, Council Chambers 23920 Valencia Boulevard, First Floor Santa Clarita, CA 91355 Interested persons may appear at the public hearing before the City Council and be heard on this matter. Further information may be obtained by contacting the Community Development Department, 23920 Valencia Boulevard, Suite 140, Santa Clarita, CA 91355; (661) .255-4330, Patrick Leclair, Associate Planner. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: June 29, 2011 Kevin Tonoian Interim City Clerk Publish Date: July 2, 2011