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HomeMy WebLinkAbout2012-02-28 - AGENDA REPORTS - PHANTOM TERRACE PRE ANNEX AGMT (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT Agenda Item: 12 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: February 28, 2012 Jeff Hogan PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND PHANTOM TERRACE ASSOCIATES FOR THE POTENTIAL ANNEXATION TO THE CITY OF SANTA CLARITA Community Development RECOMMENDED ACTION City Council conduct a public hearing and grant the City Manager the authority to execute a Pre -Annexation Agreement between the City of Santa Clarita and Phantom Terrace Associates subject to City Attorney approval. BACKGROUND On August 23, 2011, the City Council approved the North Copperhill Annexation and directed staff to submit an annexation application to the Local Agency Formation Commission (LAFCO). The annexation area included the area generally east of San Francisquito Road, and west of Bouquet Canyon Road, between the existing City boundary on the south and the Angeles National Forest on the north. The annexation area also included territory south of Bouquet Canyon Road, north of Plum Canyon Road in the vicinity of Plum Canyon Elementary School and Santa Catarina Road. On December 17, 2008, Phantom Terrace Associates received County approval for Vesting Tentative Tract Map (Vesting Map) No. 066561 for 29 single-family homes located on 82.23 acres located'at the terminus of Phantom Trail in the community of Saugus. The development included public streets, a privately maintained park, and approximately 67 acres of privately owned natural open space. The map currently expires on December 8, 2014, with the potential for six single -year extensions that would bring the ultimate expiration date of the map to #� p r,fln�� / December 8, 2020. The City monitored the project as it progressed through the County entitlement process and did not oppose the development. The project is consistent with surrounding neighborhoods and would extend and finish a stubbed cul-de-sac in an existing residential area. The project is consistent with the City's General Plan. Should the North Copperhill Annexation be approved by LAFCO, the Vesting Map would be recorded and developed as part of the City of Santa Clarita. To better understand how annexation would affect the approved the Vesting Map, Phantom Terrace Associates has requested a Pre -Annexation Agreement (Agreement) with the City. Pursuant to Section 17.01.080(G) of the City's Unified Development Code (UDC), the City Council may enter into an Agreement with a developer prior to annexation of territory. In accordance with the UDC, staff has prepared an Agreement that outlines the City's terms and also provides Phantom Terrace Associates with certain commitments in exchange for supporting the City's annexation effort. PRE -ANNEXATION AGREEMENT The City Council may, at its sole discretion, agree to specific terms and conditions prior to annexation to the City. Phantom Terrace Associates has conceptually agreed to the attached Agreement. The following is a summary of the major points in the Agreement: 1) Phantom Terrace Associates agrees to support the City's North Copperhill Annexation and will not oppose the project during the Local Agency Formation Commission process. 2) The City agrees to recognize and honor VTTM No. 066561 and Conditional Use Permit No. 2006-00084 and related approvals. The City will honor the expiration date of the map as well as any subsequent extensions, as provided by state law. 3) When a final subdivision map is recorded, Phantom Terrace Associates agrees to offer easements to the City for pedestrian access to the undisturbed open space on the subject property, at locations to be determined and on reasonable terms and conditions. A copy of the Pre -Annexation Agreement is attached for the City Council's review and consideration. Phantom Terrace Associates has reviewed the Pre -Annexation Agreement, supports the agreement, and further supports annexation to the City of Santa Clarita. NEXT STEPS The application for the North Copperhill Annexation was submitted to LAFCO in October 2011. Los Angeles County is currently preparing a tax -sharing agreement for the annexation. Once the agreement has been completed, it will be brought to the City Council for consideration. When the City Council has taken action on this matter, the Los Angeles County Board of Supervisors will then consider the agreement. When the tax -sharing agreement is approved by both the City and the County, LAFCO will proceed with the notification and protest hearing for the annexation area. The annexation should be complete by summer 2012. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPA None. ATTACHMENTS Pre -Annexation Agreement Vicinity Map 0 PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND PHANTOM TERRACE ASSOCIATES REGARDING ANNEXATION TO THE CITY OF SANTA CLARITA SECTION 1. This PRE -ANNEXATION AGREEMENT between the City of Santa Clarita ("City") and Phantom Terrace Associates ("Owner") shall serve as the terms and conditions for annexation of the property of Phantom Terrace Associates, its subsidiaries and affiliates to the City of Santa Clarita. SECTION 2. The property subject to this Pre -Annexation Agreement is a private land holding of approximately 82.23 acres located north of the northerly terminus of Phantom Trail, having Los Angeles County Assessor Identification Number: 3244-031-008 ("Property"). The Property is located within the City's existing General Plan planning area. The southerly one-quarter of the Property consists of land use designation UR2 and the northerly three quarters of the Property consists of land use designation NU5. Los Angeles County has issued to Owner Vesting Tentative Tract Map No. 066561 and Conditional Use Permit No. 2006-00084 and related approvals, including without limitation approval of a sewer area study, a hydrology study/SUSMP, geology reports, and a phasing plan (collectively, the "County Approvals"). Owner represents and warrants that it owns or has equitable rights to the Property. SECTION 3, The City and Owner agree to the following terms, covenants, and conditions as follows: 1. The City Council has adopted a Resolution of Application pursuant to Government Code Section 56700 to initiate annexation proceedings affecting the Property. 2. Owner agrees to support City's annexation 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. The City agrees to recognize and honor the County Approvals. The City will continue to treat the County Approvals as a vested right to proceed in accordance with applicable County ordinances in effect on the date the application for the County Approvals was deemed complete for the term of such map.. The City will not impose any other or additional requirements on Owner or the Property in connection with the subdivision of the Property pursuant to the County Approvals. City agrees to provide Owner a Planning Division liaison to assist in expediting the project through all City departments in connection with future submittals, and to make reasonable efforts to minimize delays associated with any City policies or standards that may differ from those of the County. 4. 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 recognize and honor VTTM No. 066561 regarding the County Approvals pertaining to permitted uses, parking, setbacks, right-of-way improvements, landscaping, and hillside development. b. The City will accept a dedication of the public streets on VTTM No. 066561, as shown thereon. If Owner seeks to modify a specific item or condition approved by the County, the City will not review or seek to modify any unrelated approval or condition previously approved by the County. c. After giving effect to AB 333 and AB 208, the expiration date of the County Approvals is currently December 17, 2014. The City will recognize such expiration date, and if new legislation would further extend the expiration date of the County Approvals, the City will recognize and apply such further legislative extensions to the County Approvals. Furthermore, the County Approvals may be extended by Owner pursuant to Section 66452.6 of the Subdivision Map Act, including five (5) one-year extensions as provided for in such Section, and an additional one-year extension as provided for in Section 17.03.030(1) of the Unified Development Code. The City shall not impose any new requirements in connection therewith other than payment of the City's then -standard extension fees; however, the City may deny any requested extension on the grounds set forth in Government Code Section 66498.1(c). d. VTTM No. 066561 will be subject to the City's development fee deferment program, as adopted on August 29, 2009, and as currently in effect through June 30, 2012, and as such program may hereafter be extended. e. When a final subdivision map is recorded, Owner will offer easements to the City for pedestrian access to the undisturbed open space on the Property, from the City -owned parcels located to the east of the Property, at locations to be reasonably determined and on reasonable terms and conditions. f. City shall not require any new development mitigation or in -lieu fees of any kind other than those County fees applicable to VTTM No. 066561 in effect at the time the application for VTTM No. 066561 was complete, unless an amendment to VTTM No. 066561 which provides for more than 29 dwelling units thereon is approved, and then only as to such additional units. Nothing herein shall preclude the City's ability to adjust the amount of any such required fee prior to recordation, in accordance with any established formula in the City's fee ordinance in effect on the date hereof. Notwithstanding the foregoing, the parties agree that the Park In -Lieu Fee "Quimby Fee" for VTTM No. 066561 shall be a fixed aggregate amount of $112,982.00, unless an amendment to VTTM No. 066561 which provides for more than 29 dwelling units thereon is approved, in which case the then -current per-unit Quimby Fee shall be payable with respect to such additional units. If Owner elects to file multiple final maps pursuant to the approved phasing plan, development fees shall be paid in increments at time of each such final map based upon the number of units in each phase, or pro rata for fixed aggregate fees such as the Quimby Fee or the fee described in the existing agreement between City and Owner relating to sewer cost proportioning. Subject S to the foregoing, Owner agrees to pay the City's standard plan check and permit fees in effect from time to time. g. For the purpose of the 36 -month extensions referred to in Section 66452.6(a)(1), development mitigation and in -lieu fees payable by Owner, including the sewer cost proportioning amount, shall be included in the calculation of the amount which the Owner is required to expend to construct, improve or finance public improvements outside the boundaries of the tentative map. 5. Based upon its current undeveloped character, the Property will not be assessed any City Landscape Maintenance District (LMD) or Streetlight Maintenance District (SMD) fees until such time that a final subdivision map is recorded. 6. This Pre -Annexation Agreement shall be binding upon and inure to the benefit of Owner's successors and assigns. 7. City finds and determines that the foregoing is consistent with the General Plan because these uses will not have an adverse affect on the environment and because VTTM No. 066561 is consistent with surrounding land uses and developed areas. 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 Phantom Terrace Associates. Dated: 12012 CITY OF SANTA CLARITA ATTEST: Sarah Gorman City Clerk APPROVED AS TO FORM: City Attorney By: Laurie Ender, Mayor PHANTOM TERRACE ASSOCIATES Name, Title 7 or v LL 1 r— �p} CITY OF SANTA CLARITA COMMUNITY DEVELOPMENT DEPARTMENT 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 PROJECT: PROJECT LOCATION PROJECT APPLICANT: NOTICE OF PUBLIC HEARING Vesting Tentative Tract Map (VTTM) No. 066561 Pre -Annexation Agreement Assessor Parcel Number 3244-031-008 City of Santa Clarita and Phantom Terrace Associates PROJECT DESCRIPTION: On December 17, 2008, VTTM No. 066561 was approved by Los Angeles County which allowed for 29 single-family homes located on a 82.23 acre parcel at the northern terminus of Phantom Trail. The project includes a privately -maintained park and approximately 67 acres of natural open space. In order to better understand how annexation would affect the approved project, Phantom Terrace Associates has requested a Pre -Annexation Agreement with the City of Santa Clarita. In accordance with Section 17.01.080(G) of the City's Unified Development Code, a public hearing is required. The City of Santa Clarita City Council will conduct a public hearing on this matter on the following date: DATE: February 28, 2012 TIME: 6:00 p.m. LOCATION: City of Santa Clarita, Council Chambers 23920 Valencia Boulevard, First Floor Santa Clarita, CA 91355 If you wish to challenge the action taken on this matter 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 written correspondence delivered to the City of Santa Clarita, at or prior to, the public hearing. For further information regarding this proposal, please contact the case planner at the City of Santa Clarita Permit Center, 23920 Valencia Boulevard, Suite 140, Santa Clarita, CA 91355. Telephone: (661) 255-4330. Case Planner: Ben Jarvis, AICP, Associate Planner. Dated: January 31, 2012 Sarah P. Gorman City Clerk Posted: Santa Clarita City Hall Published: The Signal on February 7, 2012