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HomeMy WebLinkAbout2011-05-10 - ORDINANCES - VISTA CYN MC 07 127 (2)ORDINANCE NO. 11-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING PRE -ZONE 07-OOIA (MASTER CASE 07-127) FOR THE 185 - ACRE VISTA CANYON PROJECT, GENERALLY LOCATED SOUTHWEST OF SAND CANYON ROAD AND STATE ROUTE 14, ALONG THE EASTERLY BOUNDARY OF THE CITY OF SANTA CLARITA 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. An application for Master Case 07-127, the Vista Canyon project, was filed by the project applicant, Vista.Canyon, LLC (the "applicant"), with the City of Santa Clarita on June 29, 2007. The original. entitlement requests (collectively, "Entitlements") include: 1. Annexation 07-002A to annex (and amend the City's Sphere of Influence to include) the Vista Canyon site, an approximately 185 -acre site that is generally located southwest of Sand Canyon Road and State Route 14 ("SR - 14") in the unincorporated area of Los Angeles County. 2. Pre -zone 07-001A to pre -zone the Vista Canyon site to Specific Plan ("SP"). 3. Specific Plan 07-001 to adopt a Specific Plan that includes entitlements for 1,117 dwelling units (96 single-family detached, 1,021 multi -family attached), 646,000 square feet of commercial office, 164,000 square feet .of retail, and a 200 -room hotel. A residential overlay within the Specific Plan would permit the conversion of up to 250,000 square feet of the commercial office area to 233 additional multi -family attached dwelling units, permitting development of the project site with up to 1,350 dwelling units and 700,000 square feet of commercial area. 4. General Plan Amendment 07-OOIA to amend the General Plan Land Use Map and Circulation Element in order to designate the Vista Canyon site as SP, revise the Significant Ecological Area ("SEA") overlay to correspond to the area proposed as Specific Plan -Open Space ("SP -OS"), and establish the aligmnent and roadway classification for Lost Canyon Road and Vista Canyon Road. 5. Tentative Tract Map 69164 to subdivide the 185 -acre project site into 162 lots. In addition, each individual dwelling or commercial unit would have the ability to be subdivided. 6. Conditional Use Permit 07-009 to allow for the import of up to 500,000 cubic yards of dirt to accommodate the development within the Vista Canyon site. 7. Oak Tree Permit 07-019 to allow for the,removal of 10, four of which are heritage size, of the 41 oak trees located within the Specific Plan site. The request would also permit the encroachment into the protected zone of 10 oak trees, and pruning or trimming of seven of these 10 oak trees. Implementation of three of the four Lost Canyon Road/Sand Canyon Road intersection options could require an additional oak tree removal and/or up to two additional oak tree encroachments. As discussed at length below, _the original Vista Canyon project has been revised since the initial 2007 application for the Entitlements. As a general matter, the modifications to the project reduce the amount and extent of site development, thereby reducing environmental impacts and avoiding the creation of new impacts. b. The City of Santa Clarita is also concurrently processing under Master Case 07-127 a separate application to annex the Ancillary Annexation Area ("AAA") to the City of Santa Clarita, The AAA includes unincorporated County of Los Angeles property adjacent to and surrounding the Vista Canyon project site, specifically Fair Oaks Ranch (approximately 1,082 acres), Jakes Way (approximately 260 acres), and portions of Sand Canyon (915 acres). C. As indicated in Paragraph (a), above, the project originally proposed to develop 1,117 dwelling units (96 single-family residential lots and 1,021 attached condominiums (up to -579 -ofthese-attached -condominium- units -may++ rented-or-leased))-,--and-,up--to 950,000 square feet of commercial and medical office, retail, theater, restaurant, and hotel uses within four Planning Areas ("PA"). A residential overlay within the corporate office campus site would have allowed for the conversion of up to 250,000 square feet of office floor area to 233 attached residential units. If implemented, this conversion would have permitted a maximum of 1,350 residential units and 700,000 square feet of commercial floor area. The original project also included a new Multi - Modal Transit Station ("Transit Station"), consisting of a Metrolink Station and Bus Transfer Station. As originally proposed, there would also be approximately 18 acres of parks/recreation facilities, including the Oak Park, Town Green, Community Garden, River Education/Community Center, up to six private recreation facilities, and trails. Further, the original project also included approximately 10 acres of proposed public streets, including the extension of Lost Canyon Road from Fair Oaks Ranch to Vista Canyon Road and the construction of the Vista Canyon Road Bridge to connect Lost Canyon Road and Soledad Canyon Road. d. The Vista Canyon site primarily is surrounded by residentially -developed land. Residential development, commercial development and SR -14, are located to the north of the project site. The Colony Townhomes, a multi -family residential community, is directly west of the project site. The Fair Oaks Ranch community, N 1 which is comprised of single-family and multi -family residential units, an elementary school, and community park, lies to the south and west. The existing Metrolink rail line is located to the south of the project site. The La Veda and Lost Canyon residential areas, which consist of homes, and a public and private elementary school, lie to the east. The Santa Clara River bisects the Vista Canyon site. e. The project site is presently located in unincorporated Los Angeles County, directly adjacent to the City of Santa Clarita. The Los Angeles County Land Use Map (as amended through May 13, 2003) designates the project site as M (Industry) and W (Floodplain/Floodway). The property is currently zoned M-1.5 (Light Industrial), A- 1-1 (Light Agriculture — 1 acre minimum lot size), R -A-8,000 (Residential Agriculture — 8,000 square foot minimum lot size), and A-1-10,000 (Light Agriculture — 10,000 square foot minimum lot size). Under the existing County light industrial zoning designation of M-1.5 and taking into account parking and landscaping requirements, the project site could be developed with approximately 1.0 million square feet of light industrial uses. The agricultural and residential zoned portions of the project site could be developed with approximately 170 single-family residential units. f. On June 25, 1991, the City Council adopted the City of Santa Clarita General Plan via Resolution No. 91-98. The City's General Plan presently designates the Vista Canyon project site as Business Park with portions of the site covered by a SEA overlay. The City's General Plan Land Use Concept identifies the project site as a "major sub -center" with Business Park/Office Uses. Under the, Business Park designation and taking into account City parking and landscaping rquirements, the project site could be developed with approximately 4.35 million square feet of business park floor area. g. The County of Los Angeles and City of Santa Clarita are presently completing One Valley One Vision ("OVOV") — a joint effort, initiated in 2000, between the City and County to create guidelines for the future growth and development of the Santa Clarita Valley while also preserving natural resources. The jurisdictional planning boundaries established in OVOV include the City and its four communities (i.e., Canyon Country, Newhall, Saugus and Valencia), and the County communities of Stevenson Ranch, Castaic, Val Verde, Agua Dulce, and the future Newhall Ranch. The draft OVOV Land Use Plan (dated October 2008) issued by the County designates the project site as UR2 (Urban2 - five dwelling units per acre) with an SEA overlay over portions of the site. Under this draft land use designation, the project site could be developed with up to 700 residential units. However, various goals and policies within OVOV encourage transit oriented development ("TOD") through the permitting of higher densities and intensities, and would allow for mixed- use, compact development in close proximity to new or existing rail stations and/or multi -modal transit facilities. As proposed, the Vista Canyon project includes a new Transit Station. 3 h. The Vista Canyon site was originally a portion of Mitchell Ranch, which was first settled in 1860 by Thomas Mitchell. Thomas Mitchell was born in Virginia, subsequently moving to Texas where, in 1852, he served under Sam Houston in the Texas Mounted Volunteers. He went to California shortly thereafter, spending approximately eight years in the northern California mining districts. In 1860, he moved to the Santa Clarita Valley to start a cattle ranch. Initially, he transported a dismantled miner's cabin down from Tehachapi and erected it on the property, more specifically in the southeastern portion of the project site. A few years later he married Martha Taylor and built a more commodious adobe, about 40 feet from the original cabin. The adobe was 60 by 45 feet in size and redwood shingled. Eventually, Mitchell increased his holdings to nearly a thousand acres, on which he raised cattle, produced honey, and farmed. With increasing population, and thus children, in the valley, the Sulphur Springs School District was founded, circa 1872. The school opened initially in the kitchen of Mitchell's adobe, was taught. by Mrs. Mitchell, and was the first school building in the Santa Clara Valley area. Circa 1885, the student population had outgrown the single room and a wooden schoolhouse was constructed at Sulphur Springs, on land donated by Mitchell. The Sulphur Springs school location is directly east of the project site. Mitchell also built a two-story home on the project site in 1888, then using the adobe as a guesthouse. Bricks from the adobe were eventually removed from the property and the school/adobe was reassembled at Heritage Junction in Hart Park in Newhall. In addition to the original miner's cabin, adobe, two-story wooden house, and likely a number of outbuildings, a family cemetery was also present on the Mitchell Ranch. This was used to inter the Mitchell family, and their friends and neighbors. None of the buildings referenced- above remain on the Vista --Canyon .site. The. cemetery, however, is still present and would be preserved and enhanced by the project. Presently, the project site is comprised primarily of undeveloped, highly disturbed land, including various utilities, and an equipment storage yard and a single-family residence located on the western side of the project site, and the Mitchell family cemetery located on the small elevated terrace on the northeastern portion of the project site. The project site is irregularly shaped, and includes the sandy bottom of the ephemeral Santa Clara River, a small elevated terrace on the northeastern portion of the project site, and a larger elevated terrace that forms the southern half of the project site. These terraces drain towards the River. Elevations on the project site range from a high of 1,555 feet above sea level at the northeastern portion of the site, to a low of 1,465 feet above sea level in the middle of the Santa Clara River. j. Environmental conditions on the project site have been altered substantially by existing and historical uses of the property, including outdoor storage, agricultural cultivation, grading, utility construction and maintenance, and residential uses. Unauthorized dumping also has occurred on the project site. There is little remaining M natural vegetation remaining with the exception of a vegetated area on the southeastern portion of the project site that includes oaks and introduced grasses. k. The Vista Canyon project concentrates development on the flatter, disturbed, elevated terraces on the project site, and as revised would preserve a River corridor averaging over 800 feet in width. The majority of oak trees on the project site would be preserved and incorporated into the project. In accordance with the California Environmental Quality Act ("CEQA;" Pub. Resources Code, §21000 et seq.), the City of Santa Clarita is the lead agency and the City Council is the decision-making body for the Vista Canyon project. The City's Planning Commission is a recommending body for the Vista Canyon project. m. The City of Santa Clarita prepared an Initial Study for the Vista Canyon project, which determined that the project may have a significant effect on the environment and that an environmental impact report ("EIR") must be prepared. The.Initial Study determined that the following areas must be addressed in the EIR for the Vista Canyon project: geotechnical hazards, flood, traffic/access, air quality, noise, biological resources, land use, water services (including both water demand/supply and water quality), solid waste disposal, education, library services, parks and recreation, fire services, sheriff services, human made hazards, visual resources, population/housing/employment, cultural resources, agricultural resources, Santa Clara River corridor, wastewater disposal, global climate change and utilities. n. An initial Notice of Preparation ("NOP") for the Entitlements was circulated to affected agencies, pursuant to CEQA and the State CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.), for thirty days, beginning on July 11, 2007. A revised NOP, reflecting various modifications made to the project was circulated, pursuant to CEQA and the State CEQA Guidelines, for thirty days, beginning on February 26, 2008. And, yet another revised NOP, reflecting the inclusion of the AAA, was circulated, pursuant to CEQA and the State CEQA Guidelines, for thirty days, beginning on October 1, 2009. Agencies that received the NOPs include, but are not limited to, the County of Los Angeles, Los Angeles Regional Water Quality Control Board, California Department of Fish and Game, South Coast Air Quality Management District, law enforcement agencies, school districts, waste haulers, water agencies and transportation agencies serving the Santa Clarita Valley in accordance with CEQA's consultation requirements.. Numerous comments from public agencies, organizations, and members of the public were received in response to the NOPs. o. A scoping meeting was held at the City of Santa Clarita Century Conference Room on February 27, 2008, to obtain information from the public as to issues that should be addressed in the EIR. Notice of the scoping meeting was published in The Signal newspaper on February 6, 2008, and was mailed to all property owners within 1,000 feet of the project site, in addition to approximately 80 agencies. Approximately 25 people attended the scoping meeting. 5 p. On July 20, 2010, at 3:30 p.m., the Planning Commission conducted a site tour of the Vista Canyon project site. q. The City of Santa Clarita prepared a Draft EIR (October 2010; SCH No. 2007071039) for the Vista Canyon project that addressed all issues raised by the Initial Study and in comments received on the NOPs. The Draft EIR was circulated for review and comment by affected governmental agencies and the public, in compliance with CEQA. Specifically, the Notice of Availability/Notice of Completion for the Draft EIR was filed, posted and advertised on October 19, 2010, and the 45 -day public review period ended on December 3, 2010, 5:00 p.m. in accordance with CEQA. r. The City also prepared a Planning Commission Final EIR (February 2011; SCH No. 2007071039). The Planning Commission Final EIR complied with all applicable CEQA requirements, and contained responses to all oral and written comments received prior to January 18, 2011. The Planning Commission Final EIR also contained a description of modifications to the Vista Canyon project made in response to public comment, City staff recommendations, and Planning Commission direction; copies of all comment letters received on the project; revised pages of the Draft EIR; and, additional supporting materials in appendices. Notice of the Planning Commission Final EIR's availability was sent to commenting agencies, organizations and persons on February 4, 2011. S. The Planning Commission held duly -noticed public hearings on the Vista Canyon project on October 19, November 2, and December 21, 2010, and February 15, 2011. These hearings were -held at -=City -Hall, -23920 Valencia Boulevard, Santa Glarita, at 7:00 p.m. The Planning Commission closed the public hearing on December 21, 2010. On October 19, 2010, the Planning Commission opened the public hearing for the Vista Canyon project; received a presentation from staff on the Vista Canyon Specific Plan; received a Draft EIR presentation from staff on several sections (Geotechnical Hazards, Land Use, Solid Waster Disposal, Education Services, Library Services, Fire Services, Sheriff Services, Human -Made Hazards, Population, Housing and Employment, Cultural Resources, Agricultural Resource, Utilities, and Ancillary Annexation Areas); received a presentation from the applicant, and received public testimony regarding the project. ii. On November 2, 2010, City staff responded to questions posed by the Planning Commission and pubic on issues related to Schools, Traffic, Grading, Solid Waste and Annexation. City staff also made a presentation on various Draft EIR Sections (Flood, Traffic and Access, Air Quality, Noise, Biological Resources, Water Services, Water Quality, Parks and Recreation, Visual Resources, River Corridor, Wastewater Disposal, Global Climate Change, and Project 0 Alternatives). The Planning Commission also received a presentation from the applicant and received public testimony regarding the project. iii. On December 2.1, 2010, City staff responded to questions and issues raised by the Planning Commission related to Flood, Traffic, Air Quality, Noise, Biological Resources, Water Services, Water Quality, Parks and Recreation, Visual Resources, River Corridor, Wastewater Disposal, Global Climate Change, and Project Alternatives. In addition, the Planning Commission considered potential site plan modifications, noise-, dust- and traffic -related conditions, and additional public testimony on the project. At the conclusion of the hearing, the Planning Commission directed staff and the applicant to bring back a site plan reflecting various project modifications (detailed below), and directed staff to incorporate the following specific requirements into the revised site plan and/or conditions of approval for the project: 1. Elimination of the 26 single-family lots located in the area adjacent to the existing La Veda neighborhood. Elimination of these lots increased the size of the proposed Oak Park to over 10 acres, eliminated the removal of one heritage oak tree, and allowed for the preservation and enhancement of the north/south animal movement corridor from the Santa Clara River through the project site to undeveloped land to the south. This project revision incorporated aspects of Draft EIR Alternative 5 (Open Space Corridor). 2. Selection of the "Roundabout" (Intersection Design Option 3) at the Lost Canyon Road/Sand Canyon Road intersection. 3. Removal of the properties south of Placerita Canyon Road from the AAA, with the exception of the City's Walker Ranch Open Space property. Removal of these properties reduced the size of the Sand Canyon annexation area from 1,723 acres to 915 acres. 4. Require, as a condition of approval, the project applicant to minimize potential dust and vibration impacts associated with project -related construction to the existing La Veda neighborhood. 5. Require, as a condition of approval, the project applicant to retain a qualified biologist to prepare an animal movement corridor plan, which would address corridor design, specifications for an undercrossing under Lost Canyon Road, and plant materials for the corridor. 6. Require, as a condition of approval, the project applicant to construct an eight -foot tall wall/berm in locations along the southerly Metrolink right-of-way adjacent to the proposed station to reduce train -related noise to off-site properties. 7 7. Require the applicant to fund a crossing guard for a temporary time period after the completion of the intersection improvements at Lost Canyon Road/Sand Canyon Road. t. On February 15, 2011, the modified site plan, Planning Commission Final EIR (February 2011), resolutions and conditions of approval were presented to the Planning Commission. The Commission also received public testimony regarding the project. As a result of the project modifications made during the proceedings before the Planning Commission, the revised site plan recommended by the Planning Commission proposes a total of 1,091 residential units (1,324 under the residential overlay), 950,000 square feet of commercial floor area (700,000 square feet under the residential overlay), Transit Station, a 10 -acre neighborhood park and other recreational amenities. u. At the conclusion of the February 15, 2011 public hearing, the Planning Commission voted to recommend that the City Council certify the Planning Commission Final EIR (see Resolution No. P11-02) and approve the Vista Canyon project as revised (see Resolution No. PI 1-01). The Planning Commission also recommended that the City Council adopt (i) a Statement of Overriding Considerations for those impacts of the Vista Canyon project that cannot be mitigated to less -than -significant levels, and (ii) the Mitigation Monitoring and Reporting Plan ("MMRP") (see Resolution No. PI I- 02). The Planning Commission considered the Draft EIR (October 2010) and Planning Commission Final EIR (February 2011) prepared for the Vista Canyon project, as welt -as information provided in -staff 'reports ; presented -to the Planning -Commission from experts, and presented in public testimony, including letters submitted to the Planning Commission following the close of the Draft EIR public comment period up to January 18, 2011, prior to recommending approval of the Vista Canyon project. V. Following the February . 15, 2011 hearing, the City prepared the Final EIR (April 2011; SCH No. 2007071039). The Final EIR contained copies of all late written comment letters; responses to all oral and written comments received on or after January 18, 2011 and prior to April 8, 2011; and, a description of additional modifications to the Vista Canyon project made in response to public comment, City staff recommendations, and City Council direction (see Paragraph (v), below). Notice of the Final EIR's availability was provided on April 15, 2011 to commenting agencies, organizations and persons. w. The City Council subsequently held duly -noticed public hearings on the Vista Canyon project on March 22 and April 26, 2011. These hearings were held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. The City Council closed the public hearing on April 26, 2011. i. On March 22, 2011, the City Council conducted a public hearing on the Vista Canyon project. At the conclusion of the hearing, the City Council directed staff 8 and the applicant to bring back a site plan and conditions reflecting various project modifications (detailed below), and directed staff to incorporate the following specific requirements into the revised site plan and/or conditions of approval for -the -project: Increase the length of the Vista Canyon Road Bridge over the Santa Clara River from 650 feet to 750 feet. 2. Increase the River Corridor width in PA -1 and PA -2 by an average of 100 feet (excepting the proposed water reclamation plant, which is located in an area outside of California Department of Fish and Game's jurisdiction). With this modification, the average width of the River Corridor on the project site would be over 800 feet. This change requires the redistribution of residential and commercial land uses in PA -1 and PA -2. 3. Eliminate commercial development within PA -4 (Mitchell Hill), resulting in no commercial or residential development north of the Santa Clara River Corridor. 4. Relocate the Town Green in PA -2 from its present location adjacent to the Metrolink right-of-way and Transit Station to a location near the southern abutment of the Vista Canyon Road Bridge. This relocation would locate the Town Green along the Santa Clara River directly north of the office and hotel buildings located to the east of Vista Canyon Road, 5. Eliminate the residential overlay and establish a residential and commercial development cap on the project of 1,100 residential units and 950,000 square feet of commercial floor area. 6. Add the following conditions to the project: a. Require the staff and applicant to work together on a Recreational Amenity Plan for the Mitchell Hill Open Space. The plan would include site security improvements and the construction of unimproved access (decomposed granite or similar surface) to the Mitchell Hill Open Space. The applicant shall also construct improvements identified in the approved Recreational Amenity Plan. The applicant shall receive Park Development Fee (PDF) credit for the constructed improvements. b. Require the applicant to pay all costs and complete the restoration of the Mitchell Family cemetery, including the extension of water and electricity to the cemetery. X C. Require the project's Landscape Maintenance District to pay for ongoing maintenance of the Oak Park, River Corridor and Mitchell Hill Open Space (including the Mitchell Family cemetery). d. Require the applicant to provide $300,000 in funding to be used for the City's construction of the Sand Canyon Road Trail from Roadrunner Avenue to Lost Canyon Road, and un -constructed portions of the Sand Canyon trail between Roadrunner Avenue and Sultus Street. e. Require that project lighting be decorative and down lit, including along public roadways and the Vista Canyon Road Bridge. f. Require that no lighting be permitted on Lost Canyon Road from La Veda Avenue to a point 300 feet from the eastern project boundary due to the animal movement corridor. g. Require that no lighting be permitted on trails adjacent to the animal movement corridor or along the Santa Clara River. h. Require that the applicant use its best efforts, working with City staff, to acquire an off-site, 20 -foot wide, trail easement to be located on the property to the south of the .existing railroad undercrossing to _allow for the connection of the Vista Canyon trail system to the Fair Oaks Ranch/Golden Valley trail system and to the City's trail system at the western terminus of Roadrunner Avenue. Require that the project's loop trail, from the project's eastern boundary to the existing railroad undercrossing, be decomposed granite (or similar surface) at a width of 20 feet. j. Require that the project's loop trail, from the existing railroad undercrossing to Vista Square, be decomposed granite (or similar surface) at a width of 12 feet. k. Require that the slope of the bank stabilization in the area of the animal movement corridor not exceed a grade of 2.5:1 to provide access for wildlife to enter into the River. Require that a conservation easement be recorded over the animal movement corridor on-site and that the applicant working with City staff use their best efforts to acquire a 10 conservation easement off-site on the property directly to the south to preserve the animal corridor through the project site and to the south. With these additional modifications incorporated, the Vista Canyon project would result in the following land uses: A maximum of 1,100 residential units. 2. A maximum of 950,000 square feet of commercial floor area. A Transit Station, consisting of a Metrolink Station and Bus Transfer Station. 4. A water reclamation plant. Various infrastructure, recreation and open space improvements, including streets, utilities, the Oak Park, Town Green, Community Garden, up to six private recreational areas, the River Corridor and Mitchell Hill Open Space area. ii. On April 26, 2011, the City Council received public testimony, closed the public hearing, certified the Final EIR, and adopted all of the necessary approval documents (e.g., resolutions and ordinances) for approval of the project. The City also passed Pre -zone 07-OOIA Ordinance to a second reading on May 10, 2011. Such pre -zoning would become effective upon annexation and designated upon the Zoning Map incorporated within and part of Title 17 of the City's Unified Development Code. X. The Final EIR, incorporated herein by reference, includes the Draft EIR (October 2010), Planning Commission Final EIR (February 2011), and Final EIR (April 2011). The Final EIR has been prepared and circulated in compliance with CEQA. The City Council has considered the Final EIR prepared for the Vista Canyon project, as well as information provided in staff reports, presented to the City Council from experts, and presented in public testimony, including letters submitted to the City Council following the close of the Draft EIR public comment period, prior to recommending approval of the Vista Canyon project. y. Based upon the Final EIR, staff and consultant presentations, staff reports, applicant presentations, and public comments and testimony, the City Council finds that the Vista Canyon project, as modified, will not adversely affect the health, peace, comfort, or welfare of persons residing in the area; nor will the Vista Canyon project be materially detrimental to the use, enjoyment, or valuation of property in the vicinity of the project site; nor will the Vista Canyon project jeopardize, endanger or otherwise constitute a menace to the public health, safety, or general welfare since the project conforms with the zoning ordinance and is compatible with surrounding land uses. The Vista Canyon project proposes the extension of all utilities and services to 11 the project site. Currently, all required utilities and services are available at locations adjacent to the project site. Z. Additionally, the City Council finds that all public hearings pertaining to the Vista Canyon project were duly noticed in accordance with the noticing requirements for each of the Entitlements. The project was advertised in The Signal, through on-site posting 14 days prior to the hearing, and by direct first-class mailing to property owners within 1,000 feet of the Vista Canyon project site and AAA. In addition, the date and time of each public hearing was posted on three signs at the project site, as well as eight off-site signs. aa. The location of the documents and other materials that constitute the record of proceedings upon which the decision of the City Council is based for the Master Case 07-127 project file is with the Community Development Department; the record specifically is in the custody of the Director of Community Development. bb. Public participation and notification requirements pursuant to Sections 65090, 65391, and 65854 of the Government Code of the State of California were duly followed. SECTION 2. Based upon the testimony and other evidence received at the hearing, and upon the study and investigation made by the City Council and on its behalf, the City Council further finds as follows: a. The purpose of the proposal is to pre -zone the subject project site with City of Santa Clarita zoning consisting of SP (Specific Plan) in. conjunction with General Plan Amendment 07-001 A, approved under separate resolution, prior to annexation. b. That the pre -zone has been reviewed for consistency with the City's proposed General Plan Amendment 07-00 IA. Public participation and notification requirements pursuant to Sections 65090 and 65091 of the Government Code of the State of California were duly followed. SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS. The City Council does hereby make the following findings of facts: a. On April 26, 2011, the City Council certified the Final EIR (SCH No. 2007071039) by separate resolution for Master Case 07-127, which was prepared in compliance with CEQA. For purposes of this finding, the Final EIR is comprised of the Draft EIR (October 2010), Planning Commission Final EIR (February 2011), and Final EIR (April 2011). SECTION 4. FINDINGS FOR PRE -ZONE. Based upon the foregoing facts and findings, the City Council hereby finds as follows: u 12 1 1 a. Pre -zoning is required under Section 56375(a)(3) of the Government Code in that, prior to the Local Agency Formation Commission taking an action on an annexation, the subject site must be pre -zoned by the, annexing city; b. Pre -zone 07-001 A, and specifically its proposed amendment of the City of Santa Clarita Zoning Map, is consistent with existing development and/or existing development entitlements for the subject site; and C. Pre -zone 07-OOIA is consistent with the objectives of the Unified Development Code in that it implements the goals and objectives of the General Plan and guides the future .growth of the City in that it meets the development policies of the City of Santa Clarita. SECTION 5. City Council conduct second reading and adopt an Ordinance approving Pre -zone 07-001 A as described herein and shown on attached Exhibit A. SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 13 PASSED, APPROVED, AND ADOPTED this 10th day of May, 2011. MAYOR ATTEST: ACT7b. CI ,/QLERK DATE: 6 , 11. [ 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Kevin Tonoian, Acting City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at the regular meeting of the City Council on the 26th day of April, 2011. That thereafter, said Ordinance was duly passed -and adopted at the regular meeting of the City Council on the 10th day of May, 2011 by the following vote, to wit: AYES: COUNCILMEMBERS: Ender, Weste, McLean NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Ferry RECUSED: COUNCILMEMBERS: Kellar AND I FURTHER CERTIFY that the foregoing is and was published in The Signal newspaper in accordance with AUFIPNG 14 CLERK .C. 40806). 11-10 1 1 1 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ss. CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 11-10, adopted by the City Council of the City of Santa Clarita, CA on May 10, 2011, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 20 City Clerk By Deputy City Clerk SACD\CURRENTI!20007\07-127 (Vista Canyon)\City Council\FINALCCDOCUMEN nFinaICCVistaOrdinance 15