PETITION, CONSENT AND WAIVER
A PETITION, CONSENT AND WAIVER TO THE CITY COUNCIL OF SANTA CLARITA,
COUNTY OF LOS ANGELES , STATE OF CALIFORNIA, FOR THE ANNEXATION OF PROPERTY LOCATED AT 19310 SOLEDAD CANYON ROAD INTO THE SANTA
CLARITA L ANDSCAPE AND LIGHTING DISTRICT, PURSUANT TO APPLICABLE PORTIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA
WITNESSETH:
A. WHEREAS, the petitioner, 19310 Soledad Canyon Investments, LLC (hereinafter referred to as the “Owner”), is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clarita , State of California, (hereinafter referred to as the “City”) more particularly described as follows:
Property Description: 19310 Soledad Canyon Road is located on the south/west corner of Soledad Canyon Road and Whites Canyon Road. The property is comprised of the following Assessor Parcel Number:
Assessor Parcel Numbers: 2803-030-46
B. WHEREAS, the Owner is developing the Property as a restaurant within the City, (hereinafter referred to as the "Project"); and
C. WHEREAS, the Project directly benefit s from existing street lighting improvements on streets utilized to access the Property and/or as conditions of development require the installation of street light improvements to be installed by the Owner or on behalf of the Owner to a standard acceptable to the City (hereinafter referred to collectively as “Improvements”); and
D. WHEREAS, as a condition established for the development of the Property for the specific benefit of said Property, the Owner and/or successors of interest is required to annex the parcel into the City’s Street Light Maintenance District (SMD) , being Street Lighting Zone B of the Santa Clarita Landscape and Lighting District, and E. WHEREAS, pursuant to applicable portions of the "Landscaping and Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California (“1972 Act”) , the City may a nnex territory into a district to provide for the continued maintenance of the Improvements, and for the payment of the costs and expenses incurred for such maintenance; and
F. WHEREAS, the Right to Vote on Taxes Act, which added Articles XIII C and XIII D to the California Constitution (hereinafter referred to as the “Constitutional Provisions”) requires among other things that all new assessments must comply with the Constitutional Provisions; and
G. WHEREAS, the Constitutional Provisions also requires that the City conduct a public
hearing not less than forty-five-days (45 days ) after mailing a notice of the proposed assessment along with an assessment ballot to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed; and H. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and I. WHEREAS, the forty-five-day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and J. WHEREAS, the proposed assessments upon the Property and associated parcels within the Project will be for the special benefit to be received by the Property and associated parcels within the Project from the Improvements; and
K. WHEREAS, the Owner of this Property is the sole owner or authorized representative the owners of such real property identified as Assessor Parcel Number 2803-030-046 t hat will be benefited by the Improvements, and the maintenance, operation, and servicing thereof; and
L. WHEREAS, the Constitutional Provisions do not prohibit a waiver of the forty -five day noticing period.
NOW, T HEREFORE, in furtherance of the foregoing recitals, the Owner does hereby petition the City as follows:
1. In order to assure the continued maintenance, operation, and servicing of the Improvements, and the payment of the cost and expenses incurred for such m aintenance, the Owner hereby requests that the City annex the Property referenced in Paragraph A of the recitals herein above into the Santa Clarita Landscape and Lighting District (“District”) pursuant to the 1972 Act.
2. The Owner acknowledges that the Prop erty referenced in Paragraph A of the recitals herein above, incorporates and represents all the parcels to be annexed into the District at this time and that the total annual assessment for the Improvements shall be apportioned and applied to the Property in accordance with the benefits received.
3. As the Owner of the Property referenced in Paragraph A of the recitals herein above to be annexed into the District, the Owner hereby waives all statutory notices of hearings and rights of majority protests by in terested property owners in the proposed annexation per Section 22608 of the 1972 Act.
4. As the Owner of the Property referenced in Paragraph A of the recitals herein above, which will receive a special benefit from the Improvements and is proposed to be ass essed for the special benefit, the Owner hereby waives all statutory notice periods per the Constitutional Provisions.
5. In consideration of the approval of the annexation by the City, the Owner hereby proposes as follows:
a. To consent to the annexation of territory into the District;