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HomeMy WebLinkAbout1990-11-27 - AGENDA REPORTS - ANNEX OAK SPRINGS RD LOSTCYN (2)AGENDA REPORT City Manager Approval / Item to be presented by: UNFINISHED BUSINESS Lynn M. Harris DATE: November 27, 1990 SUBJECT: Prezone 88-01 and Annexation Agreement 89-01 located southeasterly of the intersection of Oak Springs Road and Lost Canyon Road. APPLICANT: American Beauty Homes, F&N Projects; Jack Shine and John Dean. DEPARTMENT: Community Development BACKGROUND This item was on the agenda of November 13, 1990, as a public hearing to allow for the prezoning of the site to R -1 -DP (single family residential, development plan) and to allow the City to enter into an annexation and development agreement. This item, Ordinance 90-34, was introduced and passed to second -reading at that meeting. Vaive further reading and adopt Ordinance 90-34. Ordinance 90-34 Adopted: /�-. 90 Agenda Item: ORDINANCE N0._90-34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARTTA AMENDING THE OFFICIAL ZONING NAP AND ALLOYING FOR THE CITY TO ENTER INTO AN ANNEXATION/DEVELOPMENT AGREEMENT (Prezone 88-001 and Annexation/Development Agreement 89-01) THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby find and determine as follows: a. An application for a vesting.tentative tract map, conditional use permit, oak tree permit, annexation/development agreement and prezone were concurrently filed with the City of Santa Clarita on November 17, 1989, by American Beauty Homes and FIN, Projects, Inc. ("the applicant"). -The property for which these entitlements have been filed is a 188 -acre site generally located southeast of the intersection of Oak Springs Canyon Road and Lost Canyon Road. The General Plan designates the site for densities of 1 unit per acre and 1.1 to 3.3 units per acre. The purpose of the vesting tentative tract map application is to create 300 lots within the subject site for 299 single-family residential units and 1 open space lot. The purpose of the prezone is to request the R-1(DP) zone prior to annexation to the City. The Assessor's Parcel Numbers for the site -are 2840-01-100, 103, 107 thru 113 and 2840-15-31 thru 35, 40 &45. b. The City of Santa Clarita Development Review Committee (DRC) met on December 28, 1989, and supplied the applicant's agent with information relating to this case. c. An Environmental Impact Report has been prepared for the proposed project pursuant to the requirements of the' California Environmental Quality Act and was certified pursuant to Resolution 90-192 of the City Council of the City of Santa Clarita. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon studies and investigation made by the Planning Commission and the City Council and on their behalf, the City Council further finds and determines as follows: a. The City of Santa Clarita is proceeding in a timely fashion with the preparation of the General Plan. There is a reasonable probability that this project will be consistent with the General Plan designation currently being considered or studied, that there is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed resolution is ultimately inconsistent with that plan, and that the proposed project complies with all other - applicable requirements_of state law and local ordinances. b. The division and development of the property in the manner set forth on the subject tentative tract map will not unreasonably interfere with the free and complete exercise of any public entity and/or public utility right-of-way and/or easements within the tentative tract map. c. The applicant has submitted a vesting tract tentative map which depicts the area proposed for the 301 lots within the subject site. d. The design of the subdivision and.the type of improvements to be constructed will not cause serious public health problems, since sewage disposal, storm drainage, fire protection, and geological and soils factors are addressed in the recommended conditions of approval. The discharge of sewage from the subdivision into the public sewer system will not violate the requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. e. The subject property is of a size and -shape which lends itself to the proposed use. f. The proposed parcel sizes are consistent with surrounding parcel sizes. g. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision given the size and shape of the lots and their intended use. h. The proposed subdivision does front upon a public.waterway, the Santa Clara River. This item is addressed within the Final Environmental Impact Report. i. The housing needs of the region were considered and balanced against the public service needs of local residents. J. Neither the design of the.subdivision nor the type of improvements will conflict with public easements for.access through the use of property within the proposed subdivision, since the design and developmentasset forth in the 131 conditions of approval and mitigation measures and on the tentative map, provide adequate protection for easements. k. The subject property is in a proper location for single family residential uses. This item is addressed in the Final Environmental Impact Report. 1. The Final Environmental Impact Report identifies certain significant environmental effects. The Final Environmental Impact Report identities feasible mitigation measures for each of these impacts, and these mitigation measures have been made conditions of approval of the various entitlements that comprise the development proposal. • m. Implementation of this proposal will not cause adverse effects in the environment which cannot be adequately mitigated through the application of available controls. However, a letter, dated.August 28, 1990, was received from the United States Department of the Interior, Fish and Wildlife Section, during the public hearing notification period, and sets forth concerns on the design of this project. Per Fish and Wildlife, the design of the subdivision and the proposed improvements will cause environmental damage or substantial and avoidable injury to fish or wildlife and plant communities and their habitat, since the project site is located in a Significant Ecological Area (SEA No. 23, Santa Clara River) as adopted by Los -Angeles County. This concern is addressed in the Final Environmental Impact Report and in the public hearing minutes of September 18, 1990. In response to each of the significant effects identified in the Final Environmental Impact Report, changes or alterations have been required in, or incorporated into, the development proposal which avoid or substantially lessen the significant environmental effects identified in the Final Environmental Impact Report. SECTION 3. In acting on the prezoning application, the. City Council has considered certain principles and standards, and finds and determines as follows: a. That modified conditions warrant a revision in the zoning plan as it pertains to the subject property; b. That a need for the proposed zone classification exists within the area of the subject property; c. That the subject property is a proper location for the R -1 -(DP) zone classification; d. That the requested prezone at the subject property will be in the interest of public health, safety and general welfare, -and in conformity with good zoning practice; e. That prezoning the subject property will not result in a need for greater water supply for adequate fire protection. SECTION 4. Based upon the foregoing, the City Council does hereby ordain that the application for prezoning is approved, and that the official zoning map of the City of Santa Clarita is hereby amended so that the subject property is prezoned R -1 -(DP), as shown on the attached map (Exhibit 1). The City Council does further hereby approve Annexation/Development Agreement 89-01 as part of this ordinance. SECTION 5. This ordinance shall become effective at 12:01 a.m. on the thirty-first day after adoption, or upon the effective date of the annexation (Annexation No. 1988-02) of the subject property to the City of Santa Clarita, or recordation of a notice of agreement, whichever occurs last. SECTION 6. The City Clerk shall certify as to the passage of this Ordinance and cause it to be published in the manner prescribed by law; PASSED AND APPROVED this day of 1990. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) I, , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 90-34 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 1990. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: CITY CLERK Recording Requested By and When Recorded Return to: CITY CLERK CITY OF SANTA CLARITA 23920 Valencia Boulevard Suite 300 Santa Clarita, California. 91355 ANNEXATION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SANTA CLARITA AND AMERICAN,BEAUTY HOMES, INC. RELATIVE TO THE DEVELOPMENT OF OAK SPRINGS ESTATES THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE 565868.5 ANNEXATION AND DEVELOPMENT AGREEMENT This Annexation and Development Agreement (the "Agreement") is made this day of 1990, by and between the City of Santa Clarita, a municipal corporation, organized and existing under -the -general laws of the State of California (the "City"), and American Beauty Homes, Inc., a California corporation and FN Projects, Inc., a California corporation (collectively the "Developer"). RECITALS A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 (the "Government Code") to enter into binding agreements with persons or entities having legal or equitable interest in real property for the development of such property in order to establish certainty in the development process. The City further enters into this Agreement pursuant to Part 4 of Chapter 22.16 of the Santa Clarita Municipal Code (the "Santa. Clarita Code"). B. The Developer is the owner of or has equitable interest in certain real property located in the County of Los Angeles,- California, as shown in Exhibit A to this Agreement, which real property is the subject matter of this Agreement (the "Project.Site"). The legal description for the Project Site is set forth.in Exhibit B to this Agreement. The Project -Site. consists of approximately 187 acres and is generally located in an unincorporated area of.the County and within the southwest portion of the City's planning area. C. The Parties desire to enter into this Agreement relating -to the Project Site in conformance with the Government Code and the Santa Clarita Code in order to achieve the development of the Project as expressly permitted under -the terms of this Agreement and the provision of public services, public uses, and urban infrastructure, all in the promotion of the health, safety, and general welfare of the City of Santa Clarita and the residents of the Santa Clarita Valley. D. The Developer has applied for the following entitlements (collectively referred to as the "Project Approvals"): (1) Vesting Tentative Tract Map No. 34466 (the "Tract Map").. (2) Oak Tree Permit No. 89-062. (3) Zone Change, Prezone No. 88-01. (4) Annexation.No. 88-02. (5) Development Agreement No. 89-01. (6) Conditional Use Permit No. 89-023. The development proposed by the Developer for the Project Site will consist of 300 single family homes and related amenities (the "Project"). -2- E. On October 2, 1990, following the public hearing conducted on September 18, 1990, the Planning Commission of the City adopted its Resolution No. P 90-47 approving the Tentative Tract Nap, Oak Tree Permit, and Conditional Use Permit, and recommending that the City Council prezone the Project Site to the R -1 -DP Zone, and considered the Final Environment Impact Report for this Project. On September 18, 1990, the Planning Commission of the City, held a public hearing on the Developer's application for the 'Agreement. F. On following a public hearing conducted on the City Council of the City adopted Ordinance No. 90 - approving the prezoning of the Project Site to the R -1 -DP Zone. On 1990, the City Council of the City held a public hearing on the Developer's application for this Agreement and, on 1990,, the City Council of the City adopted Ordinance No. , approving the Agreement with the Developer. G. The City desires to obtain the agreement of -the Developer for the development of the Project Site in accordance with the provisions of this Agreement and'the approved Project. H. The Developer.desires to obtain the agreement of the City that theCitywill permit the Developer to develop the Project Site in accordance with the "Applicable Rules" (as hereinafter defined), including any modifications permitted by this Agreement. The Developer further desiresthat it not be required to construct public improvements or make dedications or financial contributions to the -City in lieu of public. improvements, except as expressly set forth in this Agreement and the conditions of_the Project Approvals. I. Developer has applied to the City pursuant to the Santa Clarita Code for approval of this Agreement providing for the agreements desired by the Parties to this Agreement. The City Council of the City has given notice of intention to consider this Agreement; has conducted public hearings thereon pursuant to the Government Code and the Santa Clarita Code, and has found that the provisions of this Agreement are consistent with the City's adopted plans and policies and the "Zoning Ordinance" (as hereinafter defined). .The City, as a newly incorporated municipal corporation, has not yet adopted a general plan. The City is in the process of preparing, reviewing, and considering a general plan as required by California Government Section 65300, et seq. In prezoning the Project Site and approving the Project, the City Council and the Planning Commission found, pursuant to the provisionsofthe California Government Code; as .follows: (a) There is a reasonable probability that the Project will be consistent with the. City's proposed general plan under study at the present time;, and (b) There is little or no probability of substantial detriment to, or interference with, a future adopted general plan if the . Project is ultimately inconsistent with the proposed general plan. J. The terms and conditions of this Agreement have been found by the City to be fair, just, and reasonable, and prompted by the necessities of the situation so as to provide extraordinary benefits to the City. M15 K. This Agreement is consistent with the present public health, safety, and welfare needs of the residents.of the City of Santa Clarita and the surrounding region. The City has specifically considered and approved the impact and benefits of this Project upon the regional welfare. L. This Agreement will bind future City Councils to.the terms and obligations specified in this Agreement and limit, to the degree specified in this Agreement and under State law, the future exercise of the City's ability to preclude development of the Project on the Project Site. M. Final Environmental Impact Report has been prepared and certified in conjunction with the consideration of this Agreement in accordance with the applicable statutes, ordinances, and regulations of the State of California and of the City of Santa Clarita. N. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the.Project Site, eliminate.uncertainty about the validity of exactions imposed by the. City, allow installation of necessary improvements, provide for public services appropriate to the development- of the Project Site, and generally serve the public interest within the City of Santa Clarita and in the surrounding region. AGREEMENT . NOV, THEREFORE,. with reference to the above Recitals, and in consideration of the mutual covenants and agreements contained in this Agreement, the City and the Developer agree as follows: requires: 1. Definitions. In this Agreement, unless the context otherwise (a) "Applicable Rules" means the rules, regulations, and official policies of the City in force as of the 'Effective Date" (as hereinafter defined), governing development, density, permitted uses, growth management, environmental consideration, and design criteria applicable to the Project; provided, however, that the term "Applicable Rules" shall include any improvement and construction standards and specifications, including, without limitation, building codes or grading requirements in effect at the time the Developer seeks building permits or grading permits for any part, or all, of the Project Site. (b) "Discretionary Actions; Discretionary Approval" is an action which requires the exercise of judgment, deliberation, or a decision, and which contemplates and authorizes the imposition of revisions or conditions, by the City, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City, including.any board, commission, or department of the City and any officer or employee of the City, to determine . whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval. (c) "Effective Date" is the date this Agreement is executed by all Parties. In the event this Agreement is executed by the Parties on different dates, the date the last Party to execute this Agreement executes shall constitute the Effective Date. -4- (d) "Final Map" is the Final Subdivision Map that is recorded following the satisfaction of the conditions imposed upon the approval of the Tract Map. (e) "Public Improvements" means those public improvements that the Developer agrees to construct and dedicate to the City, or that the City or such other public entity as the City shall lawfully designate, may acquire, construct, equip, install, operate, or maintain, including, by way of example, but not limitation, (i) those improvements, the provision of which are conditions to the Project Approvals, and (ii) the acquisition,dedication, and construction of easements and facilities described in Section 6 of this Agreement. (f) "Subsequent Applicable Rules" means the rules;.regulations, and official policies of the City, as they may be adopted and effective after the Effective.Date of this Agreement, governing development, density, permitted uses, growth management, environmental consideration, and design criteria applicable to the Project Site to the extent specified in paragraph (a) of Section 7 of this Agreement. (g) "Zoning.Ordinance" is the zoning Ordinance for the City of Santa Clarita (Title 22 of the Santa Clarita Municipal Code). 2. Interest of Developer. The Developer represents.to the City that, as of the Effective Date, it owns the Project Site in fee, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record, or has an equitable interest in the Project Site. 3. Binding Effect. This Agreement, and all of the terms and conditions.of this Agreement, shall run with the land comprising the Project Site andshall be binding upon and inure to the benefit of the parties and their respective assigns, heirs, or other successors in interest. This Agreement shall be recorded in accordance with the requirements of the Government Code. 4. Negation of Agency. The Parties acknowledge that, in entering into and performing this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in.any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. 5. Development of the Property. The following specific restrictions shall govern the use and development of the Project Site: (a) 'Permitted Uses* The Project Site may only be used for the development of no more than 300 detached, single family residences and related amenities. -5- (b) 'Development Standards• The permitted uses of the Project Site, the density and intensity of use, the location of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements, and other terms and conditions of development applicable to the Project Site shall be (i) those set forth in the Project Approvals, as approved and as may be amended, and (ii) the Applicable Rules. 6. Agreement and Assurance on the Part of the Developer. The Parties acknowledge and agree that the development of the Project Site will result in substantial public needs and further acknowledge and agree that this Agreement confers unique benefits on the Developer which can only be balanced by the provision of the extraordinary public benefits. The Parties intend by this Agreement to provide consideration to the public to balance the private benefits.conferred on Developer by providing for the satisfaction of certain direct and indirect public needs resulting from or relating to the development of the Project Site, and to provide public assurance that this Agreement is fair, just, and reasonable, and prompted by the necessities of the situation so as to provide extraordinary benefits to the City. As further consideration for the Agreement, Developer acknowledges that this consideration is reasonably related to the type and extent of the impacts of the development of the Project Site upon the community, and further acknowledges that this consideration is necessary to address the.direct and indirect impacts caused by the development of the Project Site. In consideration of the foregoing, and in consideration of the City's assurances for the Developer's rights to complete the development of the Project Site pursuant to the terms and conditions of this Agreement, Developer hereby agrees as follows: (a) Annexation. The Developer will consent to, and will not _ protest or contest, the annexation of the Project Site to -the City of Santa Clarita. (b) Development of the Project Site. Developer will use reasonable efforts, in accordance with its conditions and other economic factors influencing the Developer's business decision to commence or to.continue development, to develop the Project Site in accordance with the terms and conditions of this Agreement, with the conditions established in the Project Approvals and with the Applicable Rules. The City acknowledges that the Developer cannot at this time predict when, or the rate at which, the Project will be developed. Such decisions depend upon numerous factors which are not within the control of the Developer, such as market orientation and demand, interest rates, absorption, completion, and other similar factors. Because the California Supreme Court held in Pardee Construction Company v. Cid of Camarillo (1984) 37 Cal.3rd.465 that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such Parties' agreement, it is the Parties' intent to avoid the effects of this decision.The City IF+� • 0 acknowledges and agrees that the Developer shall have the right to develop the Project in such order and.at such rate,. and at such times as the Developer deems appropriate within the exercise of.its subjective business judgment, subject only to any timing or phasing requirements set forth in the Applicable Rules and Project Approvals, In addition to, and not in limitation of, the foregoing; it is the intent of the Developer and the City that no moratorium or other limitations including initiatives (whether relating to the rate, timing, or sequencing. of the development of construction of all or any part of the Project whether imposed by ordinance, resolution, or otherwise, and whether enacted by the City Council or, any agency of the City or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), building permits, certificates of occupancy, or other entitlements to use or service (including, without limitation, water and sewer) approved, issued, or granted within the City, or portions of the City, shall apply to.the Project to the extent such moratorium or other limitations including initiatives is in conflict with this Agreement. (c) School Fees. Developer covenants and agrees that prior to recordation of any Final Maps on the Project Site, the Developer will pay, or enter.into binding agreements with Mart and Sulphur Springs School Districts to pay all school fees adopted by each affected school district and applicable to the development of the.Project Site. (d) Easements. Prior to recordation of any Final Map(s) on the Project Site, Developer shall acquire and grant to the City the public street easements and public utility easements set forth in the Tract Map, the terms and conditions therein, and the conditions of the Project Approvals, and the public street easements which would be reasonably necessary to facilitate the construction of the infrastructure items set forth in Paragraph ,(e).of this Section 6.. W street shall benamedin cooperation with the Santa Clarita Historical Society. (e) Infrastructure. Prior to recordation of any Final Map(s) on the Project Site, Developer shall construct, install, complete, or enter into a binding agreement for the installation, construction, and completion of the public improvements set forth in the Project Approvals and the conditions of approval thereto, including, but not limited to: o An access road from Soledad Canyon Road through the Project Site to the southerly tract boundary of the Project Site. o A protective levee'along the south side of the above access road for the length of such road as that road runs generally parallel to the Santa Clara River bed. o 'An undercrossing of the Southern Pacific Transportation Company's railroad right-of-way. -7- o A bridge over the Santa Clara River (the "Oak Springs Bridge") The Developer's obligation to construct the Oak Springs Bridge shall be deemed a contribution in lieu of the payment of the. Route,126 Bridge and Major Thoroughfare Construction Fee and the. Developer's obligation to pay such fee shall be reduced in an amount equal to the Developer's actual cost in the design and construction of the Oak Springs Bridge and acquisition.of necessary right of way, and in the event the Developer's costs exceed the Route 126 Bridge and Major Thoroughfare Construction Fee, as determined on the date the final tract map is recorded, then -the Developer shall be relieved of the obligation of paying said fee. o A protective levee along the south side of the bridge and 100 , feet on each side of the bridge alongside the Santa Clara River bed. o Pave Oak Springs Canyon Road from Lost Canyon Road to the westerly property line of Tract 47803 subject to the necessary easements being provided by affected homeowners adjacent to Oak Springs Canyon Road. o Extending water line main within Oak* Springs Canyon Road from Lost Canyon Road to the road terminus a distance of approximately 1-3/4 miles and along White Water Canyon Road, Graceton Road and Pashley Street, subject to the necessary easements being provided by affected homeowners. (f) Sever Fees. Prior to recordation of any Final Map(s) on the Project Site, the Developer shall contribute to the capital improvement fund of the County Sanitation District (the "Sanitary . District"), for use in future expansion of the Sanitary District's Sewer Treatment facility, a sum equal to the difference between the sewer connection fees applicable on the Effective Date of this Agreement and any increased sewer connection fees -applicable at the time that a building permit is issued for the development of a lot or lots on the Project Site. 7. Agreement and Assurances on the Part of the City. In order to effectuate the provisions of this Agreement, and as an inducement for the . Developer to obligate itself to carry out the covenants and conditions set forth in the preceding Section 6 of this Agreement, and in consideration for the Developer doing so, the City hereby agrees and assures Developer that Developer will be permitted to carry out and complete the development of this Project Site, subject to the terms and conditions of the Agreement, the conditions of the Project Approvals; and the'Applicable Rules. in furtherance of such agreement and assurances, and pursuant to the authority and provisions set forth in the Government Code and the Santa Clarita Code, the City, in entering into this Agreement, hereby agrees and acknowledges that: (a) Entitlement to Develop. The Developer has acquired and been granted the vested right to develop the Project Site to the extent 10 and in the manner provided in this Agreement, subject to the conditions of the Project Approvals and in accordance with the Applicable Rules and Subsequent Applicable Rules, and City hereby finds the Project consistent with the City's adopted plans and policies and the Zoning Ordinance. Any change in the Applicable Rules, including, without limitation,'any change in any applicable general or specific plan, Zoning Ordinance, growth management, or any. subdivision regulation of the City; adopted or becoming effective after the Effective Date, shall not be applied by the City to the Project Site unless .the City finds that failure to make such changes. would place. residents of the City in a condition substantially dangerous to their health or safety. Any Subsequent Applicable Rule. can be applied to the Project Site only if the City determines that the failure of the City to apply Subsequent Applicable Rules will place residents of the -City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated in a reasonable manner, as determined by the Council in its sole` discretion. (b) Consistency With Applicable Rules. City finds, based upon all information made available to City prior to or concurrently with the execution of this Agreement, that there are no Applicable Rules that would prohibit or prevent the full completion and occupancy.of the development of the Project Site in accordance with uses and densities incorporated and agreed to in this Agreement. (c) Subsequent Discretionary -Actions. With respect to.any Discretionary Action or Discretionary Approval that isrequired subsequent to the execution of this Agreement, the City agrees that it will not condition or delay any such Discretionary Action or Discretionary Approval which must be issued by the City in order for the development of the Project Site to proceed to construction and occupancy. In addition, no condition shall preclude or otherwise limit the Developer's ability to develop the Project Site in accordance with the density and intensity of use set forth in this Agreement, unless the City determines that the failure to the City to impose such condition would place residents of the City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated in a reasonable manner, as determined by the Council in its sole discretion. (d) Term of .Tentative Map. Pursuant to California Government Code Section 66452.6(a), the term of the Tract Map and Conditional Use Permit shall be extended for any reasonable period of time, up to and including the scheduled Termination Date of this Agreement as set, forth in Section 10 below, upon application by Developer. (e) Cooperation and Implementation. The City agrees that it will cooperate with Developer to the fullest extent reasonable and feasible to implement this Agreement. Upon satisfactory completion 'by Developer of all required preliminary actions andpaymentsof appropriate fees, the City will commence and in a timely manner proceed to complete all steps necessary for the implementation of sm this Agreement and the development of the Project Site in accordance with the terms of this Agreement, including, but not limited to, the processing and checking of any and all Project Approvals, agreements, covenants, applications, and related matters required under the conditions of this Agreement, building plans and specifications and any other plans necessary for the development of the Project Site, filed by Developer and the issuance of all necessary building permits, occupancy certificates, or other required permits for the - construction, use, and occupancy of the Project Site. Developer . will, in a timely manner, provide the City with all documents, plans', and other information necessary for the City to carry out its obligations.under this Agreement. 8. Review of Compliance (a) Periodic Review. The City shall review this .Agreement annually, on or before the anniversary of the Effective Date, in accordance with the procedures and standards set forth in this Agreement and in the Santa Clarita Code in order to ascertain compliance by the Developer with the terms of this Agreement. (b) Special Review. The City Council of the City may order a . special review of compliance with this Agreement at any time. The Community Development Director or the City Council, as determined from time to time by the City Council, shall conduct such special reviews. (c) Procedure. During either a periodic review or a'special. review, the Developer shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on the�Developer. The Parties acknowledge that failure by the Developer to demonstrate good faith compliance shall constitute grounds for termination or modification of this.Agreement in accordance with the provisions of this Agreement. Upon completion of a periodic review or a special review, the Community Development Director shall submit a report to the City Council setting forth the evidence concerning good faith compliance by the Developer with the terms of this Agreement and recommended finding on that issue. All compliance review shall be.conducted pursuant to the provisions of Sections 22.16.460, 22.16.470, and 22.16.480 of the Santa Clarita Code. If, on the basis of her review of this Agreement, the Community Development Director concludes that the Developer has not complied in good faith with the terms of this Agreement, then the Community Development Director may issue a written "Notice of Non-compliance, specifying the grounds therefore and all facts demonstrating such Non-compliance. The Developer's failure to cure the alleged Non-compliance for a period of thirty (30) days after receipt of said notice, shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. If the nature of the alleged Non-compliance is such that it cannot reasonably be cured -10- within such thirty (30) day period, the commencement of the cure within such time period and a diligent prosecution to completion of the cure shall be deemed a cure within such period. Subject to the foregoing, after notice and expiration of the thirty (30) day period without cure, the City may pursue any remedy available under this Agreement. (d) Proceedings Upon Modification or Termination. If the City determines to proceed with modification or termination of this Agreement after completing the reviews specified in Sections 22.16.460, 22.16.470, and 22.16.480 of the Santa Clarita Code, the City shall give written notice to the Developer of its intention to modify or terminate this Agreement. Notice shall be given at least sixty (60) calendar days before the scheduled hearing and shall contain such information as.may be reasonably necessary to inform the Developer of the nature of the proceeding. At the time and place set for the hearing on modification or termination, the Developer shall be given an opportunity to be heard. The Developer shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on the issue shall be.on the Developer. If the City Council finds, based upon substantial evidence, that the Developer has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such agreements as are reasonably necessary.to protect the interests of the City. The decision of the City Council shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. 9. Modification, Amendment, or Cancellation. Subject to meeting the notice and hearing requirements of Section 65867 of the Government Code and the applicable provisions of the Santa Clarita Code, this Agreement may be modified or amended from time to time by mutual consent of the parties with its successors in interest in accordance with the provisions of Section 65868 of the Government Code and the Santa Clarita Code. 10. Term of Agreement. This Agreement shall become operative upon the annexation of the Project Site to the City; provided, however; the Project Site is annexed to the City prior to September 1, 1991, or as otherwise mutually agreed to by the Parties hereto. If the Project Site is not annexed prior to the time specified herein, this Agreement shall be null and void. This Agreement shall commence upon the Effective Date and shall remain in effect for a term of twelve (12) years, unless said term is terminated, modified, or extended by circumstances set forth in this Agreement, or by mutual consent of the 'Parties hereto. Following the expiration of said term, this Agreement shall be deemed terminated and of no further force and effect; provided, such termination shall not automatically affect any right arising from City approvals on the Project Site prior to, concurrently with, or subsequent to the Effective Date of this Agreement; and provided further, that such termination shall not automatically affect any right the City may have by reason of the Developer's covenants to dedicate land or provide public improvements in conjunction with any portion of the Project Site which is under construction at the time of the termination. -11- In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, the discovery and resolution of hazardous waste or significant geologic, hydrologic, archaeologic or paleontologic problems on the Project Site, fires, casualties, acts of God, governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal statutes or regulations, judicial decisions, or any similar basis for excuse performance which is not within the reasonable control of the Party to be excused. If any such events shall occur, the term of this Agreement, and the time for performance by either Party of any of its obligations hereunder shall be extended for the period of time that such events prevented such performance. 11. Remedies for Default. It is acknowledged by the Parties that the City would not have entered into this Agreement if it were to have unlimited liability and damages under this Agreement, or with respect to this Agreement, or the application thereof. The Parties agree and recognize that, as a practical matter, it will not be possible physically, financially, and as a matter of land use planning, to restore the Project Site to its prior state once the construction is commenced. Moreover, Developer has invested a considerable amount of time and financial resources in planning to arrive at the time, location, and intensity of use, improvements, and structure for the development of the Project Site. For these reasons, the Parties agree that it will not be possible to determine an amount of monetary damages which would adequately.compensate the Developer for this work. Therefore, the Parties agree that monetary damages will not be an adequate remedy for Developer if the City fails to carry out its obligations under this Agreement. The Parties further agree that the Developer's remedies under this Agreement shall be limited to the.right to specifically enforce the terms of this Agreement. The City's remedies under this Agreement shall also be limited to the right to specifically enforce the terms of this Agreement. In addition to specific performance, if the Developer fails to make any payment or complete. any other act or performance specified in this Agreement, the Developer shall have no further right or entitlement to any building permit or certificate of occupancy for any.portion of the.Project Site until the default has been cured as provided in this Agreement. The Parties recognize that this section may result in the limitation or cessation of the rights otherwise conferred by this Agreement upon the Developer, including any of the Developer's successors, assigns, transferees, or other persons or entities acquiring title to or who are interested in the Project, or any portion thereof. 12. Assignment. The rights of the Developer under this -Agreement may be transferred or assigned in whole or in part by the Developer only upon prior written approval of the City which shall not be unreasonably withheld or delayed. Express assumption of any of the Developer's obligations under this Agreement by any such assignee shall relieve the Developer from such obligation. 13. Notices. All notices under this Agreement shall be in writing and shall be effective when personally delivered or upon receipt after deposit -12- in the United States mail as registered or certified mail, postage prepaid, return receipt requested, to the following representatives of the parties at the addresses indicated below: If to City: City of Santa Clarita 23920 Valencia Boulevard Suite 300' Santa Clarita, CA 91355 Attention: City Manager With a copy to: Carl K. Newton, City Attorney C/o Burke, Williams,& Sorensen 624 South Grand Avenue, 11th Floor Los Angeles, California 90017 If to Developer: American Beauty Homes C/o Greg Medeiros 16830 Ventura Boulevard Suite 600 Encino, CA 91436 FN Projects, Inc. C/o Don Sarno 9800 South Sepulveda Boulevard Suite 202 Los Angeles, CA 90045 With a copy to: Cox, Castle & Nicholson Ronald I. Silverman, Esq., 2049 Century Park East 28th Floor Los Angeles, CA 90067 14. Severability and Termination. If any provision of this Agreement should be determined by a court to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall not be affected to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 15. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 16. Amendment or Cancellation. Subject to meeting the notice and hearing requirements of Section 65867 of the Government Code, this Agreement may be amended from time to time, or cancelledyin whole or in part, by mutual consent of the Parties or their successors in interest in accordance with the provisions of Section 65868 of the Government Code; provided, however, that any amendment which does not relate to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent Discretionary Actions, or any conditions or covenants relating to the use of the Project Site, shall not require notice or public hearing before the Parties may execute an amendment hereto. • -13- 17. Vaiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a.waiver is sought and referring expressly to this Section. No waiver of any.right or remedy in respect of any occurrence or event shall be deemed a'waiver of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence . or event. 18. Successors and Assigns. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties, and subsequent owner of all or any portion of the Project Site and their respective successors and assigns. Any successors in interest to the City shall be subject to the provisions set forth in Sections 65865.4 and 65868.5 of the Government Code. 19. Interpretation and Governing State Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a - whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, both Parties having been represented by counsel in the negotiation and preparation hereof. 20. Constructive Notice and Acceptance. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Project Site is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project Site. 21. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 22. Attorney's Fees. If either Party commences any'action for the interpretation, enforcement, termination, cancellation or rescission hereof, or for specific performance for the breach hereof, the prevailing Party shall be entitled to its reasonable attorneys' fees and costs. 23. Counterparts. This Agreement may be -executed in two or more identical counterparts, each of which shall be deemed to be an original and each of which shall be deemed to be one and the same instrument when each Party signs each such counterpart. 24. Incorporation of Attachments. All attachments to this Agreement, including Exhibits A and B, and all subparts thereto, are incorporated herein by this reference. -14- IN WITNESSWHEREOF, the Parties have each executed this Agreement of the date first written above. 9 CITY OF SANTA CLARITA Dated: 1990, BY Mayor AMERICAN BEAUTY HOMES, INC. a California corporation BY: Name: Title: BY: Name: Title: FN PROJECTS, INC. a California corporation BY: Name - Title: BY: Name: Title: (ATTACH INDIVIDUAL ACKNOWLEDGMENTS FOR FEE OWNERS) ATTEST: DONNA GRINDEY, CITY CLERK 194-11 T I HEREBY CERTIFY that the foregoing was duly adopted by the City Council of the City of Santa Clarita, at a regular meeting thereof, held on the day of 1990, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: [ATTACH EXHIBITS A AND B] FLF/163 DONNA GRINDEY, CITY CLERIC -16-