HomeMy WebLinkAbout1991-02-12 - AGENDA REPORTS - PREZONE 90-010 AND ANNEX (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
PUBLIC HEARING
DATE: February 12, 1991
City Manager
SUBJECT: A continued Public Hearing for Prezone 90-010 and
Annexation and Development Agreement 90-02 located on the
northern and southern sides of Via Princessa East of Sierra
Highway and west of the Antelope Valley Freeway.
APPLICANT: CP Shopping Center Properties; Mr. Joel Shine and The Price
Companies.
DEPARTMENT: City Manager
BACKGROUND
This item was first brought before the Council on January 8, 1991 and
continued to the meeting of February 12, 1991. The project was continued to
finalize the language of the Annexation and Development Agreement and the
traffic conditions.
The applicant, CP Commercial Properties, is requesting a prezone to allow the
annexation of this site into the City of Santa Clarita. The prezone will
change the existing Los Angeles County zoning of C-3 (Unlimited Commercial)
and GC (General Commercial, Specific Plan 1) to City of Santa Clarita Zoning
C-3 (Unlimited Commercial). The project is consistent with proposed General
Plan which designates the site as Community Commercial.
On August 14, 1990,.the City Council approved an Agreement to Negotiate
Exclusively, which authorized the staff to meet with the Price Company and
First Financial Group, Incorporated in an effort to enter into an Annexation
and Development Agreement. All parties have been meeting since that time and
have just concluded.the preparation of an Annexation and Public Improvement
Agreement for approval by the City of Santa Clarita, according to Stan Green,
Economic Consultant for the City.
To summarize, the attached Agreement provides:
a. All parties will consent to annexation of the entire project -site to the
City;
b. The development of a 100,000 plus square foot building with adequate
parking for the Price Club;
c. The remainder of the site will also be developed for commercial use;
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d. The Price Company will purchase the.property for $11.50 per square foot
from First Financial and the City will acquire public improvements from
First Financial in the amount equal to $4 per square foot (approximately
$2.7 million);
e. Price.Company agrees to lend the City the necessary funds to purchase the.
public improvements with no interest for the first five years, and at a
10 percent interest rate after the five years;
f. The.financial obligation of the City will be paid entirely from sales tax
revenues generated from the Price Club;
g. If the Price Company does not collect any sales tax there is no payment on
the $2.7 million it has loaned the City;
h. The City will use 70 percent of sales.tax generated from the Price Club to
pay off the loan and 30 percent will go into the General Fund;
i. Price Club will open its doors within nine months of closing escrow or
interest on the public improvement loan will be frozen until they open for
business.
PLANNING COMMISSION ACTION
On December 18, 1990; the Planning Commission approved Tentative Tract Map
50151 and recommended approval of Prezone 90-010 and Annexation and
Development Agreement 90-02 to the City Council. The subdivision created five
commercial lots from four existing commercial lots on 39 acres. The complete
Prezone contains 56 acres which includes an existing commercial site adjacent
to the Vista Del Canon condominiums. The Price Club would be located on lot
two of the tentative tract map, which is located to the northeast of the
condominiums. The development of the 56 acres would consist of a maximum of
416,000 square feet of retail space, of which 126,000 square feet is slated
for the development of a Price Club. The site is located on the northern and
southern sides of Via Princessa, east of Sierra Highway and west of the
Antelope Valley Freeway.
During the Planning Commission Public Hearings on the project the issues that
were raised included:
1. The aesthetic impact of the commercial development on surrounding
residents.
2. The cumulative traffic impacts on existing roads.
3. Could the City lose money on the agreement.
4. Is the right of way of the future Highway 126 adequate?
At that meeting, the Planning Commission voted to establish a subcommittee to
review the final architectural and design plans for the project, when
available. The Planning Commission established traffic conditions for the
project to minimize the impacts associated with the project and directed staff
to further refine these conditions as necessary. The Commission further
requested that the applicant set up a meeting with the Vista Del Canon
Homeowners Association to evaluate the effects of the development.
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Since .that meeting, the applicant met with the Board of Directors of the
condominiums on January 17, 1991 and is scheduled to address a general
membership meeting of the homeowners on January 22, 1991. The applicant will
be reporting the results of the informational meeting at the public hearing.
Staff has been refining the traffic conditions with the applicant relating to
the intersection of Via Princessa and Vista Del Canon. Attached to this
report are two diagrams which show the existing roadway configuration
(Exhibit A) and a city traffic engineering staff proposed configuration
(Exhibit B).
The applicant has agreed to assist the City in the construction of two
cul-de-sacs on Vista Del Canon along with the installation of traffic
signals. The payment for these improvements would be on a 50/50 basis between
the City and CP Shopping Center Properties.
City staff recommends the proposed layout (Exhibit 2) as it would improve an
existing situation. The proposal would.install a cul-de-sac on Vista Del
Canon and -create an access to the existing commercial site. This would also
allow for a traffic signal to be installed at the intersection which allows
left turn ingress and egress for lot 3, the existing commercial site and for
Vista Del Canon.
Adopt the Planning Commission's recommendation to approve the project and:
1. Incorporate Exhibit 2 as the preferred traffic configuration.
2. Approve the attached Negative Declaration with the finding that the
proposed project with the traffic improvements will not have a significant
effect on -the environment;
3. Approve Prezone 90-010 and Annexation and Development Agreement 90-02
based on the required findings; and
4. Introduce Ordinance 91-3, waive further reading, and pass to the second
reading.
Proposed and Existing Traffic Layouts
Ordinance 91-3
Planning Commission Resolution No. P90-57
Negative Declaration
Final Draft Annexation and Development Agreement
Correspondence
FLF:243
dch/ORD327589
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA APPROVING AN
ANNEXATION'AND PUBLIC IMPROVEMENT
AGREEMENT WITH .CP SHOPPING CENTER
PARTNERS, CANYON PARK PRINCESSA PARTNERS,
AND THE PRICE COMPANY.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA FINDS
AS FOLLOWS:
A. An Annexation and Public Improvement Agreement
has been submitted to, and reviewed by, the City of Santa
Clarita for the annexation of certain property owned by CP
Shopping Center Partners and the development of a portion of
this property as a Price Club, a commercial retail facility
to be developed and operated by the Price Company.
B. On August 15, 1990, the City entered into an
agreement to negotiate exclusively with CP Shopping Center
Partners and the Price Company in order to permit the
parties to negotiate the terms and conditions of an
annexation and development agreement which would specify the
rights and obligations of the parties with respect to the
development of the property.
C. The Council has reviewed and considered the
environmental information contained in the Initial Study and
the proposed Negative Declaration.
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D. The Council has conducted a public hearing on
the Annexation and Public Improvement Agreement and has
reviewed and -considered the information and materials
submitted to the Council in the City's Staff Report, Initial
Study and Negative Declaration, recommendations of the
Planning Commission, and the testimony presented to the
Council at the public hearing.
E. The City is in the process of preparing,
reviewing, and considering a General Plan as required by
California Government Code § 65300, et sea. The Council
finds that the Annexation and Public Improvement Agreement
is consistent with the City's adopted plans, codes, and
policies and is in the best interest of the health, safety,
and general welfare of the City, its residents, and the
general public.
dch/ORD327589 9
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THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
ORDAINS AS FOLLOWS:
SECTION 1 The Council determines that the
Annexation and Public Improvement Agreement, and the
development contemplated pursuant to such Agreement, will
not have a significant effect on the environment and
approves the Negative Declaration prepared in conjunction
with the review of such Agreement.
SECTION 2. The Council of the City of Santa
Clarita hereby approves the Annexation and Public
Improvement Agreement between the City, CP Shopping Center
Partners, Canyon Park Princessa Partners,.and the Price
Company, which is attached.to this Ordinance as Exhibit "A",
and authorizes the Mayor to execute this Agreement on behalf
of the City of Santa Clarita and the City Clerk to attest to
the Mayor's- signature.
SECTION 3. The City Clerk is directed to cause a
copy of the Annexation and Public Improvement Agreement to
be recorded with the County Recorder not later than ten (10)
days after it becomes effective upon execution by the last
party thereto.
SECTION 4. This Ordinance shall be effective upon
the 31st day after its passage and adoption.
PASSED AND APPROVED this day of ,
19 .
ATTEST:
CITY CLERK
-2-
MAYOR
dch/ORD327589
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF )
I, , City Clerk of the City of
do hereby certify that the foregoing Ordinance
No. was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on
the day of , 19_. That thereafter,
said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the day of
, 19_, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED AS TO FORM:
CITY ATTORNEY
-3-
CITY CLERK
PUBLIC HEARING PROCEDURE
1. Mayor Opens Hearing
a. States Purpose of Hearing
2. City Clerk Reports on Hearing Notice
3. Staff Report
(City Manager)
or
(City Attorney)
or
(RP Staff)
4. Proponent Argument (30 minutes)
5. Opponent Argument (30 minutes)
6. Five-minute Rebuttal (Proponent)
a. Proponent
7. Mayor Closes Public Testimony
8. Discussion by Council
9. Council Decision
10. Mayor Announces Decision
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CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING REGARDING
VESTING TENTATIVE TRACT MAP 50151
ANNEXATION &.DEVELOPMENT AGREEMENT 90-02,
AND PREZONE 90-010 OF THE SITE LOCATED
NORTH & SOUTH OF VIA PRINCESSA, BETWEEN
SEIRRA HIGHWAY AND STATE ROUTE 14
TO C-3 (UNLIMITED COMMERCIAL)
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City
of Santa Clarita on the matter. of. Vesting Tentative Tract Map
50151, Annexation and Development Agreement 90-02 and Prezone
90-010. The Annexation/Development Agreement would allow for the
annexation and development up to 410,000 square feet of commercial
retail space and a Prezone of the site to C-3 (Unlimited
Commercial).
The location is north and south of Via Princessa, between Sierra
Highway and State Route 14; project. proponents, First Financial
Commercial Property, Price Club.
The hearing will be held by the City Council in the City Hall
Council Chambers,- 23920 Valencia Blvd., 1st Floor, Santa Clarita,
the 8th day of January, 1991, at or after 6:30 p.m.
Proponents, opponents, and any interested persons may appear and be
heard on this matter at that time. Further information may be
obtained by contacting the City Clerk's Office, Santa Clarita City
Hall, 23920 Valencia blvd., 3rd Floor, Santa Clarita.
If you wish to challenge this order in court, you may be limited to
raising only those issues you or someone else raised at the public
hearing described in this notice, or in written correspondence
delivered to the City council, at, or prior to, the public hearing.
Dated: December 12, 1990
Donna M. Grindey
City Clerk
Publish Date: December 19, 1990
• CITY OFSANTACLARITA •
NOTICE OF PUBLIC HEARING REGARDING
VESTING TENTATIVE TRACT MAP 50151
ANNEXATION & DEVELOPMENT AGREEMENT 90-02,
AND PREZONE 90-010 OF THE SITE LOCATED
NORTH & SOUTH OF VIA PRINCESSA, BETWEEN
SEIRRA HIGHWAY AND STATE ROUTE 14
TO C-3 (UNLIMITED COMMERCIAL)
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City
of Santa Clarita on the matter of Vesting Tentative Tract Map
50151, Annexation and Development Agreement 90-02 and Prezone
90-010. The Annexation/Development Agreement would allow for the
annexation and development up to 410,000 square feet of commercial
retail space and a Prezone of the site to C-3 _(Unlimited
Commercial).
The location is. north and south of Via Princessa, between Sierra
Highway and State Route 14; project proponents, First _Financial
Commercial Property, Price Club.
The hearing will be held by the City Council in the City Hall
Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita,
. the 8th day of January, 1991, at or after 6:30 p.m.
Proponents, opponents, and any interested persons .may appear and be
heard on this matter at that time. Further information may be
obtained by contacting the City Clerk's Office, Santa Clarita City.
Hall, 23920 Valencia blvd., 3rd Floor, Santa Clarita.
If you wish to challenge this order in court, you may be limited to
raising only those issues you or someone else raised at the public
hearing described in this notice, or in writted correspondence
delivered to the City council, at, or prior to, the public hearing.
Dated: December 12, 1990
Donna M. Grindey
City Clerk
Publish Date: December 19, 1990
Ordinance No. 91-3
AN ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF SANTA CLARITA
AMENDING THE OFFICIAL ZONING NAP
AND ALLOWING FOR THE CITY TO ENTER INTO AN
ANNEBATION/DEVELOPMENT AGREEMENT
(Prezone 90-010 and Annexation/Development Agreement 90-02
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 development and annexation agreement and
prezone were filed with the City of Santa Clarita on August 3,
1990 and September 25, 1990, by First Financial Commercial
Properties Inc. ("the applicant"). The property for which
these entitlements have been filed is a 56 -acre parcel located
on the southern and northern sides of Via Princessa between
Sierra Highway and State Route 14. The purpose of the prezone
is to request the City of Santa Clarita zoning of C-3
(Unlimited Commercial) zone prior to annexation to the City.
The purpose of the annexation & development agreement is
formalize funding for the project. The Assessor's Parcel
Numbers for the site are 2842-26-21, 22, 23, 24, 28 and 29.
b. The Planning Commission held a duly noticed public hearing on
the application on Tuesday December 18, 1990. At that time,
the Planning Commission adopted Resolution P90-57 recommending
approval to the City Council of the requested prezone and
annexation & development agreement.
C. The City Council held a duly noticed public hearing to consider
this ordinance on Tuesday, January 8, 1991 and January 29,
1991, at the City of Santa Clarita City Council Chambers, 23920
Valencia Boulevard, Santa Clarita, at 6:30 p.m.
SECTION 2. Based upon the testimony and other evidence received at
the public hearing, and upon the study 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 a general plan. There is a reasonable probability
that this project will be consistent with the. general plan proposal
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 the plan, and that the proposed project complies
with all other applicable requirements of state law and local
ordinances.
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b. The recommended zone change will not result in a significant
negative environmental effect.
c. The subject property is of a size and shape which lends itself
to the proposed zone.
d. The proposed development is consistent with other propertiesin
the surrounding area.
e. The existing zone for the subject property is Los Angeles
County C-3 (Unlimited Commercial) and GC (General Commercial).
The revised zone for this project is City of Santa Clarita C-3
(Unlimited Commercial).
f. Implementation of this proposal will cause no adverse effects
in the environment which cannot be adequately mitigated through
the application of .available controls. The, change in zone will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wild life on their habitat, since
the project site is not located. in a significant ecological
area.
S. The placement of the proposed zones at this location will be in
the interest of public health, safety, an general welfare, and
in conformity with good zoning practice.
h. In taking this action, the City Council has considered the
effects of the decision on the housing needs of the region in
which the City is located and balanced those needs against the
public service needs of the City residents and available fiscal
and environmental resources.
SECTION 3. The City of Santa Clarita City Council has
reviewed and considered the environmental information contained in
the Initial Study, which was approved by the Planning Commission,
and determines that it is in compliance with the California
Environmental Quality Act and that the proposed project will not
have a significant impact on the environment. A Negative
Declaration was prepared for this project. Based upon the findings
stated above, the City Council hereby approves the Negative
Declaration.
SECTION 4. Based upon the forgoing, the City Council does
hereby ordain that the application for a prezone from Los Angeles
County C-3 (Unlimited Commercial) and GC (General Commercial,
Specific Plan) to City of Santa Clarita C-3 (Unlimited Commercial)
is. approved. The zoning boundaries shall conform to Exhibit "A,"
which is the site plan for Prezone 90-010. The City Council does
further hereby approve Annexation/Development Agreement 90-02 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. 1990-10) of the subject
property to the City of Santa Clarita, or recordation of a notice
of agreement, whichever occurs last.
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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, APPROVED, AND ADOPTED THIS _ DAY OF ,
1991.
Carl Boyer, 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. 91-3
was regularly introduced and place upon its first reading at a
regular meeting of the City Council on the Bth day of January,
1991, that thereafter, said ordinance was duly adopted and passed
at. a regular meeting of the City Council on the _ day
of , 1991, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
01/25/91 11:53 %Y92132362700
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Recording Requested By
and When Recorded Return to:
CITY CLERK
CITY OF SANTA CLARITA
23920 Valencia Boulevard
Suits 300
Santa Clarita, California 91355
ANNEXATION AND PUBLIC IMPROVEMEM AG
BY AND BETWEEN
THE CITY OF SANTA CLARI 7�
CP SHOPPING CENTER PARTNERS, YON
PRINCESA PARTNERS, AN .
THE PRICE COMPANY, RELATIVE 7
ANNEXATION AND DEVELO ':OF
CERTAIN COX HER CIAL PROPER IES
THIS AGREEMENT SHALL BE REC
OF EXECUTION BY ALL
PURSUANT TO THE REQUIREMENTS OF
DAYS
565868.
� � 0021035
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This Annexation and Development Agreement (the
"Agreement") is made this day of 19918, by.
and between the City.of Santa Clarita, a municipal corpora-
tion, organized and existing under the general laws of the
State of California (the "City"), CP Shopping Center
Partners, a California limited partnership, and Canyon Park
Princessa Partners, a California limited partnership,
(collectively, the "Property owner"), and the Price Company,
a California corporation (the "Developer").
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 and to reduce the economic risk
of development. 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"). This Agreement
is intended to be, and should be construed as, a Development
Agreement within the meaning -of the Government Code and the
Santa Clarity Coda.
B. The Property owner is the owner of certain
real property located in the .County of Los Angeles,
California, as shown in Exhibit A to 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 56 gross acres and is
generally located in an unincorporated area of the County
and within the southwest portion of the Cityfs planning
area.
C. The Developer has entered, or intends to
enter, into an Agreement of Purchase and Sale and Escrow
Instructions with the Property Owner ("Purchase Agreement")
to purchase a portion of the Project Site (the "Price Club
Parcel") for the development of a Price Club (the "Price
Club"), a commercial retail and wholesale facility to be
developed and operated by the Developer. The Price Club
Parcel consists of approximately 14.67 acres, and is
generally depicted in Exhibit A to this Agreement, and is
specifically described in Exhibit C to this Agreement. The
Site Plan for the Price Club, as defined herein, which may
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be developed on the Price club Parcel, is described in
Exhibit D to This Agreement. The portion of the Project
Site that will not be conveyed to the Developer will be
referred to as the "Commercial site.1i
D. The Property owner desires to develop the
Commercial Site with various commercial facilities (the
"Commercial Site Project"), generally described in Exhibit E
to this Agreement.
E. The Parties desire to enter into this
Agreement relating to the Project Site in conformance with
the -Government Code and the Santa Clarita Coda in order to
achieve the development of the Price Club and the Commercial
Site Project as expressly permitted under the terms of this
Agreement and to provide for 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.
F. On after conducting a duly
noticed public hear ng and considering all appropriate
documentation and circumstances, the Planning Commission of
the City adopted its Resolution No. ,9L recommending
approval, execution, and delivery of this Agreement.
G. On Aucrust ;d,. 1990, at a public meeting and
after considering all appropriate documentation and
circumstances, the City Council of the City adopted its
Resolution No. 90-148, initiating annexation proceedings for
the Project Site (the "Annexation"), on aIX al, 1991
6,
after conducting a duly noticed public hearing goa � 8•-
1991 x.1.991 and considering. all appropriate—
documentation,
ate
documentation, the City Council of the City held a public
hearing on this Agreement and, on �y; 12, 199,le, the
City Council of the City adopted Or mance No. 90-103,
approving the Agreement with the Property Owner and
Developer.
H. The City desires to obtain the binding
agreement of the Property Owner and Developer for the
annexation and development of the Project Site in accordance
with the provisions of this Agreement.
I. The Property Owner and Developer desire to
obtain the binding agreement of the City that the City will
permit the Property Owner and Developer to develop the
Project Site in accordance with the "Applicable Rules#' (as
hereinafter defined), including any modifications permitted
by this Agreement and in accordance with those matters
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approved by the City as provided herein. The Property owner
and Developer further desire that they 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.
J. The Property Owner and Developer have applied
to the City pursuant to the Santa Clarita Code for approval
of this Agreement providing for the binding agreements
desired by the Parties to this Agreement. The City Council
of the City has given notice of its 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 and the
Projects are (i) consistent with the City's adopted plans,
codes, and policies and the "Zoning ordinance" (as
hereinafter defined), (ii) consistent with all other
ordinances, resolutions, rules, regulations, laws, plans and
policies applicable to the Price Club and Commercial site
Project and (iii) in the best interest of the health,
safety, and general welfare of the City, its residents, and
the general public. This Agreement is entered into pursuant
to and constitutes a present exercise of the City's police
power and is in compliance with the requirements of the
Government Code and the Santa Clarita Code. 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 Code section, 65300, at
seq., consistent, however, with the rights and protections
of the Parties granted under this Agreement.
K. The City has extensively reviewed the terms
and conditions of this Agreement and, in particular, has
specifically considered and approved the impact and benefits
of both Projects upon the regional welfare. 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 toprovide appropriate
benefits to the City. This Agreement and the pursuit of the
Projects will serve the best interests of its citizens, and
the public health, safety, and welfare. This Agreement will
ensure a desirable and functional community environment;
provide effective and efficient development of public faci-
lities, infrastructure and services appropriate for the
development of the Project Site, including the Price Club.
Parcell help maximizes effective utilization of resources
within the City; increase City tax revenues by.the develop-
ment of the Projects) and provide other public benefits to
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the City and its residents by otherwise achieving the goals
and purposes of the Government Code and the Santa Clarita
Code.
L. The Parties acknowledge and agree that the
development of the Project Site will result in public needs
and further acknowledge and agree that this Agreement
confers benefits on the Property Owner and Developer. The
Parties intend by this Agreement to provide the
consideration expressly set forth herein to the public which
the Parties agree shall balance the private benefits
conferred on the Property owner and the Developer and
satisfy certain direct and indirect public needs resulting
from or relating to.the development of the Project Site, and
provide public assurance that this Agreement is fair, just,
and reasonable, and prompted by the necessities of the
situation. The Property Owner and Developer acknowledge
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 acknowledge that this
consideration is necessary to address the direct and
indirect impacts caused by the development of the Project
Site.
M. This Agreement will survive beyond the term or
terms of the present City Council and shall bind the City
and 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 Projects on the Project Site. By approving this
Agreement, the City Council has elected to.exercise certain
governmental powers at the time of entering into this
Agreement rather than deferring their respective actions to
some undetermined future date. The City acknowledges that
neither the Project Owner nor the Developer would consider
or engage in the development of the Projects described
herein without the assurances of development entitlements
which this Agreement is designed to provide.
N. An environmental study and negative
declaration have been prepared and a negative declaration
has been or will be certified in conjunction with the
consideration of this Agreement and the Projects in
accordance with all applicable laws, rules, statutes,
ordinances, and regulations of the State of California and
of the City of Santa Clarita.
O. This Agreement will eliminate uncertainty in
planning and provide for the orderly development of the
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Project Sita, 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. The Parties agree
that the consideration to be received by the City pursuant
to this Agreement and the rights secured to the Property
Owner and the Developer hereunder constitute sufficient
consideration to support the covenants and agreements of the
City, the Property owner, and the Developer. By entering
into this Agreement, the City desires to vast in the
Developer, to the fullest extent possible under the law, all
possible Discretionary Approvals in order to complete the
Price Club. The City .desires to vest in the Property owner
the right to secure all possible Discretionary Approvals
under the Applicable Rules relating to the development of
the Commercial Site Project.
P. The Developer has complied with all necessary
conditions precedent under the Government Code and Santa
Clarita Code and is now desirous of entering into an
agreement with the City in order to commence development and
construction of the Price Club, which will result in large
expenditures of.money by the Developer.
Q. The Property Owner has complied with all
necessary conditions precedent under the Government Code and
the Santa Clarita Code applicable to the tentative and
preliminary nature of.the Commercial Site Project and the
Property Owner is now desirous of entering into an agreement
with the City in order to (1) ensure completion of the
City's discretionary review process and City approvals and
actions consistent with the tentative and preliminary plans
and this Agreement and (2) commence developmental
construction of the Commercial Site Project, as may be
approved by City, which will result in large expenditures of
money by the Property. Owner.
AGREEMENT
NOW, THEREFORE, with reference to the above_
Recitals, and in consideration of the mutual covenants and
agreements contained in this Agreement, the City, the
Property Owner, and the Developer agree as follows:
1. Definitions. In this Agreement, unless the
contaxt otherwise r®quires:
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• •
(a) "Allocated Tax Revenues" means seventy
(704) percent of Sales Tax Revenues generated from
the Price Club Parcel.
(b) "Annexation" means the annexation of the
Project Site to the City.
(c) "Applicable Rules" means the rules,
regulations, and official policies of the City in
effect as of the Effective Date governing
development, height, subdivisions, rules applicable
to landscaping, zoning, set backs, density,
permitted uses,.signage, 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, including,
without.limitation, building codes and grading
requirements in effect at the time the Developer
seeks building permits for any part or all of the
Price Club or at the time the Property owner seeks
building permits or grading permits for any part or
all of the Commercial Site Project, except that the
grading for the Price Club -Parcel, to the extent
such grading is described on the Price Club Site
Plan, shall be governed by the rules, regulations,
and applicable policies of the City on the
Effective Date. 1;or the purpose of this
subsection, the term "improvement and construction
standards" does not include aesthetic considera-
tions. Z2r Joh purpose of, this subsection 14
zoning gJ JU Project Site is t e C-3 Commercial
Zone.
(d) "City" means the City of Santa Clarita, a
municipal corporation.
(e) "Commercial Site" means that portion of
the Project Site that will not be conveyed to the
Developer.
(f) "Commercial Site Project" means the
commercial facilities the Property Owner proposes
to develop on the Commercial Site and generally
described in Exhibit E to this Agreement.
(g) "Commercial Site Site Plan" means the
site planorplana for the commercial Site which
will be prepared, reviewed, and approved pursuant
to Section 7 of this Agreement.
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city. (h) "Council" means the City Council of the
(i) "Debt Service Payment" means each and
every payment required to be made by the City under
section 10 of this Agreement in repayment of
principal and interest on the City Note.
(j) "Developer" means the Price Company, a
California corporation.
(k) "Discretionary Action; Discretionary
Permit and/or 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,
including any board, commission, or department of
the City and any officer or employee of 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.
(1) "Effective Date" in the last of the dates
on which this Agreement is executed by the Parties.
(m) "Fees" means any fees paid to the City
for the processing of any Discretionary Action, and
fees paid to the City or fund of the City and which
are intended to be used for the construction, or
reimbursement for the construction, of capital
improvements owned or maintained by a public
entity. The term "Fees" does not include fees paid
to the City for City review and approval of plan
checking, foundation permits, grading permits,
building permits, and any other similar fee
intended to reimburse the City for costs to the
City in the determination -of whether there has been
compliance with applicable statutes, ordinances,
regulations, or .conditions of approval.
(n) "Final Map" is any
Parcel Map that is recorded
the conveyance of the Price
Developer.
Final Subdivision or
in order to accommodate
Club Parcel to the
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(o) "Government Code" means Government Code
Sections 65867 through 65869.5, inclusive.
hase Amount" means the
gay yg PropartV
the Proaerty owner for
9r, to 2 constructioa
or
oar this
(q) "Loan" means the loan from the Developer
to City described in section 10 by this Agreement.
(r) "Loan Period" means a period of thirty
(30) Note Years or until the Loan has been paid in
full, whichever event occurs first.
(s) "Mortgage" means a mortgage, deed of
trust, sale and leaseback arrangement or other
transaction in which the Project Site, or a portion
thereof or interest :therein, is pledged as
security.
(t) "Mortgagee" means the holder of a
beneficial interest under a Mortgage.
(u) "Note Year" means (i) the twelve (12)
calendar months beginning on the first day.that the
Price Club is open on the Price Club Parcel for
business to the public, and (ii) each twelve (12)
calendar months thereafter. if the Price Club
opens on a day other than the first day of a
calendar month, the first Note Year shall consist
of the twelve calendar months beginning with the
first calendar month after the date the Price Club
opens plus the period from the date of .the opening
until the first day of the first calendar month
after the opening.
(v) "Parties" means the parties to.this
Agreement.
(w) "Payment Date" means the last day of each
month of each Note Year.
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{w} aparmanently sense business eperatiansa
mea"s the cessation e! busineser
(x) "Price Club" means the commercial retail
and wholesale facility which the Developer proposes
to develop on the Price Club Parcel.
(y) "Price Club Parcel" means a portion of
the Project Site, as shown on Exhibit A and
described in Recital C to this Agreement.
(z) "Price Club Site Plan" means the site
plan, elevations, conceptual grading plan, building
design, and landscaping plan as shown on Exhibit D
to this Agreement.
-(aa) "Projects" means the Price club and the
Commercial Site Project.
{ab} uReimbursement Improvement Purchase
Ameuntu means the total emeunt the fifty Will pay to
the Property Owner in order to reimburse the
Property ewner ger the Property ewner4a actual
costs in constructing and installing the Public
Imprevementsr The Reimbursement Ameunt will equal
�Br6fi�=4B6r6er
(ac) "Project Approvals" means discretionary
ermit and approvals, including without
limitation any necessary land use, zoning, site
plan or subdivision approvals and all other
approvals and entitlements required for the
development of the Projects, including, but not
limited to, general plan amendments, specific pian
amendments, zona changes, zone variances,
conditional use permits, lot line adjustments,
encroachment permits, site plan approvals, vesting
parcel maps, vesting tentative subdivision maps,
subdivision improvement agreements and street
vacations that will accomplish the goals,
objectives, policies and plans referenced,
described, and shown in the Price Club Site Plan,
the Commercial Site Site Plan as may be approved by
the City for the.Commercial Site Project, and this
Agreement. The term "Project Approvals" also
includes landscaping, engineering, building design,
and grading approvals for the Price Club Parcel
with respect to the Price Club Site Plan.
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1* 0
(ad) "Project
shown on Exhibit A
this Agreement.
Site" means the real property
and described in Recital B to
(as) "Property owner" means CP Shopping
Center Partners, a California limited partnership,
and Canyon Park Princessa Partners, a California
limited partnership.
(af) "Public Improvements" means only those
public improvements specifically identified in
Exhibit F, the Description of Public Improvements,
that the Property Owner shall construct.and
dedicate to the City, or that the City or such
other public entity or utility as the City shall
lawfully designate, may acquire, construct, equip,
install, operate, or maintain pursuant to the
provisions of this Agreement. The term "Public
Improvements" also includes the payment of fees as
specified in Exhibit F to this.Agreement.
(ag) "Purchase Agreement" means the Agreement
of Purchase and Sale and Escrow Instructions
between the Property Owner and Developer to
purchase the Price Club Parcel..7 atteehad to this
Agreement as Exhibit nGKT
(ah) "sales Tax Revenue" for a Note Year shall
mean an amount equal to one hundred percent (look)
of that portion of taxes derived by the City from
the imposition of the Bradley -Burns Uniform Local
Sales and Use Tax Law, commencing with Revenue and
Taxation Code Section 7200, as amended, arising
from all businesses and activities conducted on the
Price Club Parcel from time to time and which are
subject to such Sales and Use Tax Law.
(ai) "Santa Clarita Code" means Part 4 of
Chapter 22.16.of the Santa Clarita Municipal Code.
(aj) "Zoning Ordinance" is the Zoning
Ordinance for the City of Santa Clarita (Title 22
of the Santa Clarita Municipal Code).
2. Interest of Property Owner and Developer. The
Property Owner 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. The Developer
represents to the City that, as of the Effective Date, it
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has an equitable interest in the Price Club Parcel pursuant
to the Purchase Agreement, wherein the Property Owner has
agreed to sell, and the Price Club has agreed to purchase
the Price Club Parcel in fee in accordance with the terms
and conditions of the Purchase Agreement.
3, Binding Effect. This Agreement, and all of
the terms and conditions of this Agreement, shall run with
the land comprising the Project Site and shall be binding
upon and inure to the benefit of the Parties and their
respective assigns, heirs, or other successors in
interest. Nothing herein shall be construed as a dedication
or transfer of any right or interest in, or creating a lien
with respect to, the title to the Project Site.
4. Negation and.Agencp. The Parties acknowledge
that, in entering into and performing this Agreement, each
is acting as an independent oniity-and not as an agent of
the other in any respect. Nothing contained.herain or in
any document executed in connection herewith shall be
construed as making the City, Property Owner, and Developer
joint venturers or partners.
S. Installation and Construction of Public
Improvements. The Property owner will prepare and file with
the City detailed construction plans and drawings for the
Public Improvements set forth in the Description of Public
Improvements in Exhibit "F" ("Public Improvements") for
approval by the City Engineer. Upon approval of the City
Engineer, these plans and drawings shall be labeled Exhibit
"F-111 ("Public Improvement Drawings") and shall be deemed a
part of this Agreement. The Public Improvement Drawings
shall be prepared in accordance with the standard specifica-
tions of the City or the public entity that will ultimately
own and/or maintain the Public Improvements. on or before
the date on which the Commercial Site, and any structure
thereon, may be occupied, the Property Owner shall
construct, install,.and substantially complete all of the
Public Improvements, to the reasonable satisfaction of the
City or the public entity that will ultimately own and/or
maintain the Public Improvements. The Public Improvements
shall be installed and constructed in compliance with the
Public Improvement Drawings. Nothing in this Agreement
shall be construed as prohibiting the construction and/or
occupancy of.the Price Club prior to completion of the
Public Improvements.
6. Development of the Price Club Parcel. The
Developer shall have the right but not the obligation to
develop the Price Club Parcel and construct the Price _Club
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and related improvements consistent with the Site Plan for
the.Price Club ("Price Club site Plan„) attached as Exhibit
D and as otherwise provided for in this Agreement, except
for such changes as may be mutually agreed upon between the
City and the Developer. The City agrees that with the
approval and execution of this Agreement, no further Project
Approvals are necessary for the Developer to develop the
Price Club Parcel pursuant to the provisions of this
Agreement. The Developer has not restricted or waived its
right to develop the Price Club Parcel inconsistent with the
Price Club Site Plan provided such development is reviewed
and approved pursuant to the rules, regulations, and
procedures of the City of Santa Clarita in effect at the
time the Developer makes application to the City for such
development.
7. Development of the Commercial Bite. The
Commercial Site shall be developed by the Property Owner in
accordance with the provisions of this section of the
Agreement and as otherwise provided in this Agreement.
(a) Basic Conceptual DriVings. The Property
Owner will prepare.and submit to the Community
Development Director of the City a site plan or
plans for the Commercial Site ("Commercial Site
Site Plan") for review and approval according to
the normal procedures and practices of the City
pursuant to the Applicable Rules. The Commercial
Site Site Plan shall include renderings or eleva-
tions and depict and/or describe architectural fea-
tures, and shall be submitted in sufficient detail
to enable the City to evaluate the respective
proposals for conformity to the Applicable Rules
and assuring that each respective proposal is
consistent and compatible in appearance, quality,
and design with all other developments existing or
planned for the Project Site,
(b) Construction Drawings and Related
Documents. The Property Owner shall prepare and
submit to the City Preliminary Construction
Drawings and Final Construction Drawings for the
Commercial Site for review and written approval.
The Preliminary Construction Drawings and Final
Construction Drawings shall be consistent with the
approved Commercial Site Site Plan. Preliminary
Construction Drawings are hereby defined as those
Construction Drawings submitted by the Developer to
the Cityfs Building Department to obtain a building
permit. Final Construction Drawings are those
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0 •
drawings and details submitted by the Property
Owner to the City's building Department in response
to comments and requirements of that Department
resulting from the plan check upon the Preliminary
Construction Drawings.
(c) Revisr Process. Preliminary Construction
Drawings and Final Construction Drawings shall be
reviewed according to the normal procedures and
practices of the City consistent with the
Applicable Rules. Issuance of a building permit
shall constitute approval by the City of all
drawings to be required of the Property owner.
(d) Development. The commercial Site shall
be developed as established in the approved
Commercial Site Site Plan and related documents,
except for such changes as may be mutually agreed
upon between the City and the Property Owner. All
design and development standards of the City
applicable to the development of the Commercial
Site shall be in accordance with the Applicable
Rules, including, by way of example, but not
limitation, the zoning ordinance. in the event a
conflict arises in the application of any of the
Applicable Rules, the standard which is the most
compatible with the development of the Project Site
and the intent of the Parties under this Agreement
shall control.
(e) Parcels. The Property owner, and .its
successors and assigns, shall beentitlednow and
in the future, from time to time, to divide,
subdivide, and record the Commercial Site into
separate, individual, and distinct parcels and lots
for sale, lease, or finance, together or
separately, to third parties, in accordance with
the Applicable Rules, and in a manner consistent
with the Commercial site Project or Commercial site
Site Plan.
(f) Permitted Density, Height and Uses. The
density and.intensity of use, the general location
of uses, the number and size of legal lots, the
maximum height and size of proposed improvements,
and other standards of development applicable to
the Commercial site shall be (i) as generally
permitted on the Commercial site site Plan, (ii) as
permitted on the Commercial Site under the
Z 015/035
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Applicable Rules, and (iii) those as are permitted
under the Zoning Ordinance.
(g) Modifications. The Parties acknowledge
that any prospective third party purchaser of a lot
or parcel on the Commercial Site may require as a
condition to or in connection with its purchase
that the configuration or size of such lot or
parcel, or improvements thereon, be modified from
that shown an the Commercial Site Project or
Commercial site site Plan. To facilitate
development of the Commercial Site, the Parties
agree that the size and configuration of the
proposed lots or parcels and dimensions and/or
locations of improvements on the Commercial Site
may be so modified at the Property Owner's
discretion, provided that the aggregate total
density and intensity of the Commercial Site are
not increased, and the permitted uses thereon are
not modified, from that provided on the Property
Owner Site Plan, and that the parcels and lots and
improvements thereon are in accordance with the
Applicable Rules, including all set -back and
construction standards set forth therein.
(h) Parcel 12.. The City acknowledges that
Parcel 12 of the Commercial site, as designated in
Exhibit A, has been graded prior to the Effective
Date and Property owner acknowledges that such
grading has been substantially completed pursuant
to all applicable rules and regulations of the
County of Los Angeles and that the County of Los
Angeles has approved and accepted such grading.
The City, therefore, agrees that the grading of
Parcel 12 complies with the Applicable Rules,
notwithstanding anything herein to the contrary.
The COYu e aoknow edges Jh" � �
use
Ctv
A= a icable to Parcel 12
I
_City w 1 BE ug=kg
condition 21 a va m any
o
unert
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(i) Approval of xodifications. Modifications
to the Commercial Site, the Commercial Site Site
Plan, or the development or construction of any
improvement on the Commercial Site, shall not
require the approval or consent of the Developer
except to the extent provided under the Purchase
Agreement. Modifications to the Price Club, the
Price Club Site Plan, or the development or
construction of any improvement on the Price Club
Parcel,.shall not require the approval or consent
of the Property owner except to the extent provided
under the Purchase Agreement.
8. Agreement and assurance on the Part of the
Property Omer and Developer.
(a) Annexation. The Property Owner will
consent to, actively support, and promote, and will
not protest or contest, the annexation of the
Project Site to the City of Santa Clarita. The
Property Owner will undertake or perform all
actions or'activities which the City Manager deems
appropriate or necessary in order to further,
advance,.and promote the annexation of the Project
Site to the City. Developer will consent.to,.and
not protest, the annexation of the Project Site to
the City.
(b) Construction of the Public Improvements.
In accordance with the terms of Section 5 of this
Agreement relating to the development of the Public
Improvements, the Property owner shall begin and
complete all construction and development of the
Public Improvements pursuant to the Purchase
Agreement.
(c) Easements. Concurrent with recordation
of any Final Map(s) on the Project Site, the
Property owner shall acquire and grant to the City
the public street easements and public utility
easements met forth in the Exhibit A and as may.be
more specifically delineated on any tentative
parcel map or subdivision map applicable to the
Project Site or any portion thereof, and the public
street easements and public utility easements which
would be reasonably necessary to.facilitate the
construction of the infrastructure itoms set.forth
in Paragraph (b) of this Section 8.
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City.
(d) COV&nant Not To Compete. Developer
agrees that in the event a Price Club opens for
business on the Price Club Parcel, then for a
period of ten (1o) years from the.date of such
opening, the Developer may not both (i) voluntarily
permanently close the Price Club on the Price Club
Parcel and (ii) thereafter open another Price.Club
within the _portion of the Banta slarfte ValleyT as
such area #as depicted in Exhibit "HG" to this
Agreement ("Sbeclai Area„ I. Nothing herein is
intended to restrict the Developer from opening one
or more additional Price Clubs or similar
facilities within the sent& elarita Valley Special
Area in addition to the Price Club on the Price—
club
ry
Club Parcel.
9. Agreement and Assurances on the Part of the
(a) project Approvals for the price Club.
The city.shall not require or impose any additional
Project Approvals for the Price Club and the
Developer shall be entitled to develop the Price
Club Parcel consistent with the provisions of this
Agreement.
(b) Project Approvals for the Commercial site
Project. The City is bound with respect to the
zoning, density and intensity of use, signage, the
location of uses, number and size of legal lots,
the permitted uses, and the maximum height and size
of proposed buildings applicable to the Commercial
Site as this Agreement so provides or as otherwise
sat forth in the Applicable Rules. The City hereby
agrees that the land uses set forth in this
Agreement are approved pursuant to the terms of
this Agreement, provided that the Property owner
with respect to the Commercial Site, satisfactorily
complies with all preliminary procedures, actions,
payments and criteria required under the Applicable
Rules for procassing.applications for
developments. The City agrees to grant and
implement, in accordance with the applicable
provisions of this Agreement any necessary Project
Approvals pursuant to the Applicable Rules,. subject
to the terms, conditions and exceptions contained
herein.
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(c) Imposition of E:actions, Dedications,
Assessments, tees, Reservations, Dedications and
Public Improvements. The City agrees that no
conditions, exactions, dedications, assessments,
fees, reservations, dedications or public
improvements shall be imposed by the City as a
condition to any development of the Project Site or
any portion thereof, as is contemplated under this
Agreement, except as is expressly set forth in this
Agreement And the Anolicable Rules.
(d) Cooperation and implementation By and
Between The City and Developer. Upon execution of
this Agreement and upon the Developer's filing of a
completed application for building permit for the
Price Club, the City will commence and proceed to
complete all steps required of the City necessary
or appropriate for the implementation of this
Agreement and the development of the Price Club in
accordance with the terms of this Agreement,
including, but not limited to, the processing and
checking of any and all building plans and
specifications and any other plans necessary for
the development of the Price Club and the issuance
of all necessary building permits, occupancy
certificates, or other required permits for the
construction, use, and occupancy of the Price
ClubThe City's obligations pursuant to the
provisions of this subsection (d) are conditioned
upon the Developer providing the .City with all
documents,- plans, and other information necessary
for the City to carry out its obligations under
this Agreement.
(e) cooperation and Implementation By and
Between the City and the Property owner. Upon
satisfactory completion by the Property Owner of
the required preliminary actions and payments of
appropriate fees, the City will commence and
proceed to complete all steps required of the City
necessary or appropriate for the.implementation of
this Agreement and the development of the
Commercial Sita Project in accordance with the
terms of this Agreement, including, but not limited
to,the processing and checking of any and all
Project Approvals, maps, site plans, development
plans, land use plans, grading plans, agreements,
covenants, applications, and related matters
required under the conditions of this Agreement,
building plans and specifications and any other
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pians necessary for the development and occupancy
of the Commercial Site Project, filed by the
Property Owner and the issuance of all necessary
building permits, occupancy certificates, or other
required permits for, the construction, use, and
occupancy of the Commercial Site Project. The
Property owner will provide the City with all
documents, plans, and other information necessary
for the City to carry out its obligations.under
this Agreement.
(f) Acquisition of Public Improvements. The
City agrees to purchase the Public Improvements
described in Exhibit F to this Agreement consistent
with the provisions of this subsection. When the
Property Owner's Engineer has certified to the City
that the.improvements designated as substantially
completed in Exhibit F to this Agreement have been
substantially completed and/or paid in full and the
City Engineer has inspected said improvements and
has verified that said improvements have been
substantially completed to the reasonable
satisfaction of the City and/or paid for in
accordance with the relevant plans and specifica-
tions, and 2r. if the Public Improvements would have
bean completed but for Force Majeure delays caused
by the City pursuant to the provisions of Section
14 of this Agreement, then upon the close of.escrow
pursuant to the Purchase Agreement, the City shall
pay to the Property Owner, without offset or
deduction, the amount of One Million Two Hundred
Seventy -Eight Thousand Seven Hundred Eighteen
Dollars ($1,278,71800), in full payment for such
portion of the Public Improvements. Upon the date
of the issuance of a building permit for the Price
Club, or on the one hundred and eighty first
(181st) day after.the close of escrow under the
Purchase Agreement, whichever event occurs first,
the City shall pay to the Property Owner, or pay on
behalf of the Property owner, the amount of One
Million Two Hundred Seventy -Eight Thousand Seven
Hundred Eighteen Dollars ($1,278,718.00) in full
payment of the remaining portion of the Public
Improvements and the fees and charges as described
in Exhibit F to this Agreement. Prior to the
issuance of any building permit for the Commercial
Site Project or any portion thereof, all Public
Improvements described in Exhibit F shall be
completed and installed, deemed to be substantially
completed and installed, or paid for in full.
Leel
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• •
Notwithstanding the foregoing, for purposes of thi8
Section 9(f), the Public Improvements shall be
deemed substantially completed as of the date the
Public Improvements would havebeen completed but
for Force Majeure delays caused by the City
pursuant to Section 14(b) of this Agreement. If
the City fails to make payment for the Public
Improvements within thirty (30) days of the date
such Rayment is due, interest shall accrue on the
unpaid balance at a rate equal to ten percent (10%)
per annum from the thirty-first (31st) day such
payment was due.
(g) Easements i Title. Prior to the issuance
of a building permit for the Commercial Site
Project or any portion thereof, the Property owner
shall submit to the City appropriate documents
transferring to the City or other public entity or
public utility as agreed to by the City, all right,
title and interest of the Property owner in the
Public Improvements. In addition, the Property
Owner shall grant or cause to he granted to the
City a right of possession or an easement or other
ownership interest either to the City or other
public entity or public utility satisfactory to the
City Engineer. Such a conveyance need only be made
to the extent a specific Public Improvement is'
located on real property for which either the City
or such other public entity or public utility does
not have a satisfactory legal interest in
connection with such real property on which such
Public Improvement is located.
(h) lusting Rules to Govern. In accordance
with the provisions of Government Code
Section 65866, the City, the Developer and the
Property owner, each to the extent legally
permissible, agree that the Applicable Rules shall
govern during the term of this Agreement except for
the Project Approvals for the Price Club which the
City has approved as provided in Section 6,
herein. Except as otherwise provided in this
Agreement, no amendment to, .revision of, or
addition to any of the Applicable Rules without
Developer's and the Property owner's written
approval, whether adopted or approved by the City
Council or any office, board, commission or other
Agency of the City, or by the people of the City
through charter amendment, referendum or initiative
measure, shall be effective or enforceable by the
Q 021/035
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City with respect to the Projects, and the design,
density, intensity, signage, grading, zoning,
construction, remodeling, or use of the Projects.
(i) subsequent 9181ow/No Growth" Heasures.
Consistent with the provisions of this Agreement,
the City agrees that to the extent legally permis-
sible any subsequently enacted initiatives,
referendums, or amendments to the City's general
plan and/or Zoning Ordinance which contain "slow/no
growth" measures, or which by their terms are
intended to or by operation have such effect, shall
have no application to the Price Club Project or
the Commercial Site Project.
(j) subsequent Environmental Assessments.
Consistent with the provisions of this Agreement,
the City agrees that to the extent legally
permissible, the mitigation measures required for
the Projects pursuant to any subsequent
environmental assessment, if any, are limited to
those established by this Agreement.
(k) rederai, state and Health and Safety
Laws. Subsection (i) above shall not preclude the
application to the development of the Project Site
of changes in ordinances, resolutions, rules,
regulations, laws, plans or policies which are
deemed necessary by the City to serve health and
safety interests of the public, as supported by
appropriate findings as to the basis for applying
such changes to the development of the Project
Site, or which are specifically mandated and
required by changes in state or federal laws or
regulations, as provided for in Government Code
Section 65869.5. The parties acknowledge and agree
that the City is restricted in its authority to
limit police power by contract and that the
foregoing are intended to reserve to the City all
of its respective police power which cannot be so
limited. Notwithstanding the foregoing, this
Agreement shall be construed, contrary to.its
stated terms if necessary, to reserve to the City
all such power and authority which cannot be
restricted by contract.
10. Developer Loan by Developer.to the City.
(a) Loan. In order to assist the City in
reimbursing the Property Owner for its cost
WPX/DCH/AGR245434r -20- REV. 1/24/91
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relating to the Public Improvements as described in
Section 9 of this Agreement, the Developer shall
loan (the "Loan") to the City an amount equal to
the Reisbursament Imnrovement Urchase Amount. The
Developer will advance to the city, at the close of
escrow pursuant to the Purchase Agreement and at
such times thereafter as requested by the City and
in accordance with this Section, principal amounts
not to exceed an aggregate of an amount equal to
the.Reimbursement Amount to finance the acquisition
of the Public Improvements. In the event escrow
does not close under the Purehase_Agreement .for any
reason, including but not limited to default of
either party, then Developer shall have no
obligation to make the Loan to the City.
(b) City Note. The City shall execute and
deliver the City Note to the Developer, in the form
attached to this Agreement as Exhibit "I", prior tc
or at the time the City requests the advance of any
portion or all of the loan proceeds. Each cash
advance by the.Developer to the City shall be
charged to and increase the principal of the note,
but in no event shall the principal of the note
exceed an amount equal to the Re4:zhursexext
Improvement Purchase Amount. All amounts when
charged or chargeable as principal of the City Note
shall accrue interest at the rate of So.percent per
annum, compounded annually based upon a.360 day
year, actual days elapsed, except that, in the
event the Price Club is not opened to the public
within two hundred and seventy (270) days after the
date of the close of escrow pursuant to the
Purchase Agreement, subject to extensions of time
for events of Force Majeure as defined in Section
14 herein, or due to the failure to complete the
Public Improvements, the Note shall not accrue
interest from the two hundred and seventy-first
(271st) day as may be extended by Force Majeure or
failure of the Property Owner to complete the
Public Improvements, until the day on which the
Price Club first opens to the Public. The city's
liability for payment of the City Note shall be
computed solely on the basis of Allocated Tax
Revenues received by the City; although the City
may, but is not required to, pay the City Note from
any financial source of the City, the Cityfe
obligations under the Note shall not exceed the
amount of Allocated Tax Revenues.
2023/035
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46
(c) Note payment. .Provided the Developer has
opened the Price Club for business on the Price
Club Parcel, the City shall make its Debt Service
Payments on each Payment Date during each Note Year
in an amount equal to the Allocated Tax Revenues
paid to the City during the Note Year as of the
Payment Date less any Debt Service Payment
previously paid to the Developer for such Note
Year. Debt Service Payments shall be credited to
the payment of all accrued but unpaid interest and
the balance to principal. Debt Service Payments
shall be made for a period or thirty (30) Note
Years or until the Loan has been paid in full,.
whichever event occurs first (the IfLoan Period").
Iri the event that Debt Service Payments are
insufficient to fully discharge the Note during the
Loan Period, the unpaid balance of the Note,
including any accrued interest, shall be deemed
forgiven.
(d)Closure of pries Club. �Pr�o�vid�ed the Developer
opens a Price C]` "ous '2 .11e ELM Club
Parceli the event the Developer should
permanently cease business operations of the Price
Club on the Price Club Parcel within live years
after the Developer opens a Price Club for business
an the Price Club Parcel, interest on the Note
shall cease to accrue until such date as one or
more new commercial businesses commence business
operations on the Price Club Parcel, at which time
interest on the.Nota shall begin to accrue
interest. Iri the event the Developer should
permanently cease business operations of the Price
Club on the Price Club Parcel on a date more than
five years after the Developer opens a Price Club
for business an the Price -Club Parcel, interest on
the Note shall cease to accrue on the 181st day
after such cessation of business operations until
such date as one or more new commercial businesses
commence business operations on the Price Club
Parcel, at which time interest on the Note shall
begin to accrue interest.. = = purpose aj,
li l n c�easeds�b s ness s
av a ane
a ed us to matt
no m e .to a to repair
2r. events A= Section14(
but
WPX/DCH/AGR243434r -22- REV. 1/24/91
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11. Obligation of City Arising pro* Agreement.
Neither the General Fund, nor any other fund or moneys of
the City, except in an amount equal to the Allocated Tax
Revenues, shall be liable under this Agreement for any loan
payments or reimbursement as described herein to the
Developer or the Property Owner. Neither the credit nor the
taxing power of the City is pledged for the payment of any
obligations arising under this Agreement except that the
City will not rescind, repeal, or amend its sales tax
levying ordinance in any manner that would reduce the sales
tax rate of the City during the term of the -1Tjoan. Neither
the Developer nor the Property Owner shall compel the
exercise of the City's taxing power to satisfy any
obligations arising from this Agreement. The obligations
arising from this Agreement constitute a liability of the
City contingent upon the payment of Sales Tax Revenues to
the City and -only to the extent.such Sales Tax Revenues are
in fact paid to the City although the City may, in its
discretion, pay its obligations under the Agreement from any
source of funds of the City.
12. Review of Compliahoe. This Agreement shall be
reviewed in accordance with the procedures and standards set
forth in this Agreement, the Government. Codes, and in the
Santa Clarita Code in order to ascertain compliance by the
Developer and the Property Owner with the terms of this
Agreement.
13. Mortgagee Protection' Certain Riqhts of Cure.
(a) Mortgagee Protection. To the extent
legally permissible, this Agreement shall be
superior and senior to any lien placed upon the
Commercial Site or the Price Club Site, or any
portion thereof, including the lien of any
Mortgage. Notwithstanding the foregoing, no breach
hereof shall defeat, rander invalid, diminish or
impair the lien of any Mortgage made in good faith
and.for value; and any acquisition or acceptance of
title or any right or interest in or with respect
to the Project Site or any portion thereof by a
Mortgages (whether under or pursuant to a Mortgage,
foreclosure, trustee's sale, deed in lieu of
foreclosure or otherwise) shall be subject to all
of the terms and conditions contained in this
Agreement. The Parties agree that they will make
reasonable amendments to this Agreement to meet the
requirements of any lender for the Projects.
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(b) Mortgagee Not obligated. No Mortgagee
shall have an obligation or duty under this
Agreement to perform the Property owner's or the
Developer's obligations or other affirmative
covenants of either hereunder, or to,guarantee such
performance.
(C) Notice of*Defauit to Mortgagee; Right of
Mortgages to Cure. If the City receives notice
from a Mortgagee requesting a copy of any notice of
default given hereunder and specifying the address
for service thereof, and records a copy of each
request in the official records of Los Angeles
County in the manner required under Civil Code
section 2924b with respect to Requests for Notices
of Default, than the City shall deliver to such
Mortgagee, concurrently with service thereon to the
Applicable Party, any notice given to the Applic-
able Party with respect to any claim by such party
that it has not complied in good faith with the
terms of this Agreement or has committed an event
of default. Each Mortgagee shall have the right
(but not the obligation) for a period of ninety
(90) days after the receipt of such notice from
such party to cure or remedy, or to commence to
cure or remedy, the.claim to default or noncom-
pliance set forth in such party's notice. If the
default is of a nature which can only be remedied
or cured by such Mortgagee upon obtaining posses-
sion, such Mortgagee may (but is not obligated to)
seek to obtain possession with diligence and conti-
nuity through foreclosure, a receiver or otherwise,
and may (but is not obligated to) thereafter remedy
or cure_the default or noncompliance within thirty
(30) days after obtaining possession. If any such
default or noncompliance cannot, with diligence, be
remedied or cured within such thirty (30) day
period, then such Mortgages shall have such
additional time as may be reasonably necessary to
remedy or cure such default cr:noncompliance if
such Mortgagee commonces cure during such thirty
(30) day period, and thereafter diligently pursues
and completes such cure.
(d) Bankruptcy. Notwithstanding the
foregoing provisions of this Section 13, if any
Mortgages is prohibited from commencing or
prosecuting foreclosure or other appropriate
proceedings in the nature thereof by any injunction
issued by any court or by reason of any action by
LFJ�
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any court having jurisdiction of any bankruptcy.or
insolvency proceeding involving the Applicable
Party, the times specified in Subsection 13(c) for
commencing or prosecuting foreclosure or other
proceedings shall be extended for the period of -the
prohibition.
14. Enforced Delay; Extension of Time of
Performance; Exoused Performance.
(a) Yorce Majeurs. In addition to specific
Provisions of this Agreement, performance by any
party hereunder shall not be deemed to be in
default where delays or failures to perform aredue
to war, insurrection, strikes, walk -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, shortgages of labor or material, governmental
restrictions imposed or mandated by other govern-
mental entities, enactment of conflicting state or
federal statutes or regulations, judicial
decisions, litigation not commenced by a party to
this Agreement claiming the enforced delay, or any
other basis for excused performance which is not
within the reasonable control of the party to be
excused. Causes for delay as set forth above are
collectively referred to as "Force Majeure."
(b) City Delays. Force Majeure shall also
include delays in the City furnishing or providing
any necessary inspection required by the City under
this Agreement whenever the inspection occurs more
than forty-eight hours over two or morebusiness
days after a request for inspection is made by the
Property Owner or Developer.
(c) Notice. If written notice of such delay
or impossibility of .performance is provided to a
party within thirty (30) days after the
commencement of such delay or condition of
impossibility, an extension of time for such cause
will be granted in writing for the period of the
enforced delay, or longer as may be mutually agreed
upon by the applicable parties in writing, or the
performance rendered impossible shall be excused in
writing by the party so notified.
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15. Term of Agreement. if the Project Site is not
annexed to the City of Santa Clarita. prior to March 1, 1992,
or on such date as mutually agreed to by the Parties hereto,
this Agreement shall be null and void. The obligations cf
the Parties to this -Agreement shall be binding as and when
the Agreement is executed and shall remain in effect for a
term of twelve (12) years, except in regard to the Loan,
which shall remain in effect for the Loan Period. 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 Property Ownerfs 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.
16. Remedies For Default. 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, the Property
Owner and Developer have 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 ay not be
possible to determine an amount of monetary damages which
would adequately compensate the Property Owner or Developer
for this work.
(a) Between Property:GWner and City. The
Property Owner and the City agree that, .except for
the City's purchase obligations expressly set forth
in this Agreement, monetary damages will may not be
an adequate remedy for the Property Owner -If the .
City fails to carry out its obligations under this
Agreement. The.City and the Property Owner agree
that, except as.to the City's rn#mbxrnnmerb
e es obligations expressly set forth herein,
the Property owner's remedies under this Agreement
shall be limited to the right to specifically
enforce the terms of this Agreement, and/or to
pursue monetary damages in an amount not to exceed
five hundred thousand dollars (SSoo,000.00) unions
the Property Owner can establish with a
preponderance of the evidence that the council of
WPX/DCH/AGR245434r -26- REV. 1/24/91
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the City in regard to the Cityfs obligations acted_
in an arbitrary and capricious manner and in such
event the Property Owner may pursue monetary
damages in such amounts as the Property owner can
establish as the Property Ownerfs damages. The
City's remedies under this Agreement shall also be
limited to the right to specifically enforce the
terms of this Agreement and/or to pursue monetary
damages in an amount not to exceed five hundred
thousand dollars ($600,000.00).
(b) Between the Developer and the City. The
Developer and the City agree that monetary damages
will not be an adequate remedy for the Developer if
the City fails to carry out its obligations under
this Agreement. The City and Developer agree that
the Developer's remedies under this Agreement shall
be limited to the right to specifically enforce the
terms of this Agreement, except that with respect
to the Loan, the Developer shall have all rights
and remedies under law and equity. The City's
remedies under this Agreement shall also be limited
to the right to specifically enforce the.terms of
this Agreement.
(c) Between the Developer and the Property
Owner. Nothing in this Section 16 is intended to
conflict with the rights, obligations, and remedies
of the Developer or the Property owner under the
Purchase Agreement and to the extent there is any
inconsistency with regard to such rights,
obligations, or remedies, the provisions of the
Purchase Agreement shall control.
17. Project Approvals Independent. All Project
Approvals which may be granted pursuant to this Agreement,
and all land use entitlements or approvals generally which
have been issued or granted by the City with respect to the
Project site, constitute indepandent.actions and approvals
by the City. If any provision of this Agreement or the
application of any provision of -this Agreement to a particu-
lar situation is held by a- court of competent jurisdiction
to be invalid or unenforceable, or if this Agreements is
terminated.for any reason, then such invalidity, unenforce-
ability or termination of this Agreement or any part hereof
shall not affect the validity or effectiveness of any such
Project Approvals or other land use approvals and entitle-
ments. In such cases, such approvals and entitlemants will
remain in effect pursuant to their own terms, provisions,
and conditions of approval.
WPX/DCH/ACR245434r
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18. Assignment. Prior to completion of the Public
Improvements, the rights of the Property Owner under this
Agreement may be transferred or assigned in whole or in part
upon prior written approval of the City which shall not be
unreasonably withhold or delayed. After the Public Improve-
ments have been completed, the Property Owner shall be
entitled to transfer or assign its rights under this
Agreement in whole or in part without the requirement of
City Approval. Express assumption of any of the Property
Owner0a obligations under this Agreement by any such
transferee or assignee shall relieve the Property Owner from
such obligation.
19. Notices. All notices under this Agreement
shall be in writing and shall be effective when personally
delivered or upon receipt after deposit 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 Burks, Williams & Sorensen
624 south Grand Avenue
11th Floor
Los Angeles, CA 90017
If to Developer:
The Price Company
c/o Joseph Satz, Esq.
4649 Morena Blvd.
San Diego, CA 92117
With a copy res
If to Property owner:
CP Shopping Center Partners
16480 Ventura Blvd.
Encino, CA 91436
Attention: Joel N. Shine
With a copy to:
Paul, Hastings, Janofsky & Walker
555 So. Flower Street
Los Angeles, CA 90017
Attention: M. Guy Maisnik, Esq.
WPX/DCH/AGR245434r -28- REV. 1/24/91
01/25/91 12:10 '8`9262700 BW&S LA MAIN w-- CITY HALL
rvin Nadler
Financial --Advisors Realt
16027 Ventura Boulevard
suite
c noCA 91436
20. 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 cancelled in whole or in part, by mutual consent of
the City and Developer with respect to the Price Club Parcel
and the City and the Property Owner with respect to the
Commercial Site, or their respective successors in interest
in accordance with the provisions of Section 65868 of the
Government coda; 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.
21. Waiver. 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.
22. 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.
23, interpretation and Governing state Lay. 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 objective and purposes of the Parties hereto,
and the rule of construction to the effect that ambiguities
[a 031/035
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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.
24. 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,
25. 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.
26. Attorneyfs Tees. If either Party commences
any action for the interpretation, enforcement, termination,
cancellation or rescission hereof, or for specific
performance of the breach hereof, the prevailing party shall
be entitled to its reasonable attorneys' fees and costs.
27.. 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 counterparts,
28. Incorporation of Attachments. All attachments
to this Agreement, including all Exhibits reference herein,
and all subparts thereto, are incorporated herein by this
reference.
29. successor Statutes Incorporated. All
references to a statute or.ordinance, shall incorporate any,
or all, successor statute or ordinance enacted to govern the
.activity now governed by the statute or ordinance, noted
herein to the extent, however, that incorporation of such
successor statute or ordinance does not adversely affect the
benefits and protections granted to either the Developer or
the Property Owner under this Agreement.
30. Validation. The City agrees to initiate
appropriate procedure under Code of Civil Procedure Section
860, at seq. in order to validate this Agreement and the
obligations thereunder.
WPX/DCH/ACR245434r -30- REV. 1/24/91
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31. Recitals. Each of the recitals stated above
are incorporated into this Agreement.
32. Determinations. Whenever in this Agreement
the consent or approval of any party to this Agreement is
required, such consent or approval shall not be unreasonably
withheld or delayed. in addition, unless a contrary
standard or right is set forth heroin, whenever any party
hereto is granted a right to take action, exercise discre-
tion, or make an allocation, judgment or other determina-
tion, each party hereto shall act reasonably and.in good
faith and take no action which might result in the
frustration of the expectations of the other Parties
concerning -the benefits to be enjoyed under this Agreement
as expressed in this Agreement.
IN WITNESS WHEREOF, the Parties have each executed
this Agreement of the date first written above.
Dated:
Dated:
Dated:
Dated:
CITY OF SANTA CLARITA
1990 By
Mayor
CP SHOPPING CENTER PARTNERS, a
California limited partnership
By:
Name:
Title•
By:
Name:
Title:
CANYON PARK PRINCESA PARTNERS; a
California limited partnership
By:
Names
Title:
WPX/DCH/AGR245434r —31— REV. 1/24/91
01/25/91 12:11
Dated:
Dated:
*&921= 362700
BW&S LA MAIN •--- CITY HALL
THE PRICE COMPANY
a California corporation
By:
Name:
Title:
By:
Name:
Title:
LFet
WPX/DCH/ACR245434r —32— REV. 1/24/91
01/25/91 12:12 $9213362700 BW&S LA MAIN �.+» CITY HALL Z 035.
(ATTACH INDIVIDUAL ACKNOWLEDGMENTS FOR FEE OWNERS)
ATTEST:
[INSERT STANDARD CITY CLERK ATTESTATION -FOR THE MAYORIS
SIGNATURE.)
[ATTACH EXHIBITS A AND B)
WPX/DCH/AGR245434r -33- REV.,//24/91
JUN 01 '00 01:59 P. 2/3
31. Aocitals.. Each of the recitals stated above
are incorporated into this Agreement.
32. b"Orminations, Whenever in this Agreement
the consent or approval of any party to this Agreement is
required, such consent or approval shall not be unreasonably
Withheld or delayed, In addition, unless a contrary
standaheretorisor rlqht granted asset rightftottakeractionhenever anexerciseyparty
discree_
tion, or make an allocation, judgment or other.determina-
tion, each party hereto shall act reasonably and in good
faith and take no action which might result in the
frustration of the expectations of the other Parties
concerning the benefits to be enjoyed under this Agreement
as expressed in this Agreement.,
IN WITNESS WHEREOF, the Parties have each exeouted
this Agreement of the data first written above.
CITY of SANTA CLAPITA
bated: 1890 sy
Mayor
CP SHOPPING CENTER.PARTNERS, a
California limited partnership
Dated: By C^�C� T //+1C , Ct r��•✓ 40#417%rct
_yiRaze:
-itle•
Dated: BL_PeC 3 7 Ge04k4A/ I�',kxVre.
Z -F
Title:-�15
CANYON PARK PRINCESA PARTNERS, a
California limited partnership
Datedi�� � / ay; -'O"VC,.I P1nraoA,
rayy: i;arae:
WPX/DCH/AGR245434r -31-
REV. 1/24/91
EXHIBIT A
G
EXISTING TRAFFIC LAYOUT
PA
VISTA DEL CA.
IN=
A
l^
a
THE PRICE COMPANY
Joseph R. Satz
Vice President/Counsel
(619) 581-4506
February 7, 1991
Mr, M. Guy Maienik
PAUL, HASTINGS, CANOFSKX & WALKER
23rd Floor
553 South Flower $trent
Los Angeles, CA 90071
YYu�i
�7
Dear Guys
Pursuant to Doug Holland's request, Ono
(S) copies Of the Annexation and public
which has been signed by the Price compah
The City should date the first page the d
Agreement. ;
Two (2) signed copies should be returned
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Developer:
EXHIBIT H
PROMISSORY NOTE
SALES TAX ALLOCATION
The Price Company Project
City of Santa Clarita
The Price Company
Principal Amount: 2,557,436.00
Dated:
1. The City of Santa Clarita, in the County of
Los Angeles, State of California (hereinafter the "City"), a
public body corporate and politic, duly organized and
existing under the laws of the State of California, for
value received, promises to pay from the sources and to the
extent as hereinafter provided to the order of The Price
Company, a California corporation, (hereinafter the
"Developer"), or the successors and assigns of this Note, at
4649 Morena Blvd., San Diego, California, 92117 or such
other address as may be instituted by the Developer or its
successors or assigns, the maximum principal sum of Two
Million Five Hundred Fifty -Seven Thousand Four Hundred
Thirty -Six Dollars ($2,557,436.00) or such lesser sums as
are actually advanced to the City by the Developer pursuant
to the Agreement, and in the like manner to pay interest
thereon to be computed on each advance from the date of
disbursement by the Developer at a rate per annum (computed
on the basis of a 365 day year) of ten percent (10%).
Accrued unpaid interest shall be compounded annually. The
principal and interest of this Note are payable in lawful
money of the United States of America, such payments to be
made to the Developer or its successors or assigns by check
or draft.
2. This Note is issued in connection with the
provision of funds to finance certain infrastructure
development, all as set forth and described in the
Development Agreement, dated as of 19_, by and
between the City and.the Developer and CP Shopping Center
Partners (the "Agreement").
3. This Note is issued under and secured by and
entitled to the protection of the Agreement, including, but
not limited to Sections 10 and 11 of said Agreement.
•
E
4. The obligations of the City to repay the
principal and interest on this Note does not constitute an
indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction. Neither the
members of the City nor any persons executing the Note are
liable personally on the Note by reason of its execution.
5. The unpaid principal and accrued unpaid
interest under this Note may be paid in full, in advance of
any payment.date established herein without penalty. Upon
such prepayment of .the principal amount and accrued interest
in full, the Developer shall surrender the Note at the
principal corporate office of the City in Santa Clarita,
California, and; notwithstanding any failure to surrender
such Note, all obligations and duties of the City shall
thereupon cease to exist.
6. For purposes of this Note, the definitionsset
forth in Section 1 of the Agreement shall apply to the words
and terms herein. Such definitions include the following:
(a) "Allocated Tax Revenues" means seventy
(700) percent of Sales Tax Revenues generated from
the Price Club Parcel.
(b) "Debt Service Payment" means each and
every payment required to be made by the City under
Section 10 of the Agreement in repayment of
principal and interest on the City Note.
(c) "Loan" means the loan from the Developer
to City described in Section 10 by the Agreement.
(d) "Loan Period" means a period of thirty
(30) Note Years or until the Loan has been paid in
full, whichever event occurs first.
(e) "Note Year" means (i) the twelve (12)
calendar months beginning on the first day that the
Price Club is open on the Price Club Parcel for
business to the public, and (ii) each twelve (12)
calendar months thereafter. If the Price Club
opens on a day other than the first day of a
calendar month, the first Note Year shall consist
of the twelve calendar months beginning with the
first calendar month after the date the Price Club
opens plus the period from the date of the opening
until the first day of the first calendar -month
after the opening.
-2-
(f) "Payment Date" means the last day of each
month of each Note Year.
(g) "Sales Tax Revenue" for a Note Year shall
mean an amount equal to one hundred percent (100%)
of that portion of taxes.derived by the City from
the imposition of the Bradley -Burns Uniform Local
Sales and Use Tax Law, commencing with Revenue and
Taxation Code Section 7200, as amended, arising
from all businesses and activities conducted on the
Price Club Parcel from time to time and which are
subject to such Sales and Use Tax.Law.
7. The City shall pay to the order of the
Developer the Debt Service Payment on each Payment Date
during each Note Year in an amount equal to the total
Allocated Sales Tax Revenues for the Note Year as of the
Payment Date, less any Debt Service Payment previously paid
to the Developer for Note Year. In the event that at the
end of any Note Year there are Allocated Sales Tax Revenues
due but not yet received by the City from the State of
California, then the City shall pay such Allocated Sales Tax
Revenues to the Developer upon receipt of the same by the
City. Debt Service Payments shall be first credited to the
payment of all accrued but unpaid interest and the balance
to principal.
8. Debt Service Payments shall be made for a
period of thirty (30) years or until accrued interest and
principal on this Note are paid in full, whichever occurs
first. In the event that Debt Service Payments are
insufficient to fully discharge the principal and interest
on this Note, the unpaid balance of principal and accrued
interest, if any, shall be deemed forgiven.
9. Provided the Developer opens a Price Club for
business on the Price Club Parcel, in the event the
Developer should permanently cease business operations of
the Price Club on the Price Club Parcel within five years
after the Developer opens a Price Club.for business on the
Price Club Parcel, interest on the Note shall cease to
accrue until such date as one or more new commercial
businesses commence,business operations on the Price Club
Parcel, at which time interest on the Note shall begin to
accrue interest. In the event the Developer.should
permanently cease business operations of the Price Club on
the Price Club Parcel on a date more than five years after
the Developer opens a Price Club for business on the Price
Club Parcel, interest on the Note shall cease to accrue on
the 181st day after such cessation of business operations
-3-
•
0
until such date as one or more new commercial businesses
commence business operations on the Price Club Parcel, at
which time interest on the Note shall begin to accrue
interest.
10. In the event the City fails to make a Debt
Service Payment required under this Note when due, and
should such default continue for a period of thirty (30)
days after the City receives from the Developer written
notice of default, the City shall pay to the Developer a
late charge of one (1%) percent of the overdue amount, which
late charge shall be due within ten (10) days after the
aforementioned thirty (30) day period.
11. Any Debt Service Payment not paid when due as
provided herein shall itself bear interest at the rate
provided herein until paid.
12. The City shall pay all costs and expenses,
including reasonable attorneys' fees incurred in collecting
payment on the Note or in enforcing any judgment obtained in
any legal process to collect on the Note, whether or not
legal action is instituted.
13. It is hereby certified, recited and declared
that all acts, conditions and things required to exist,
happen, and be performed precedent to and in the execution
and delivery of the Agreement and the issuance of this Note
do exist, have happened and have been performed in due time,
form and manner as required by law.
14. Notice required pursuant to this Note shall be
sent to the parties at the following addresses or such other
addresses as may be designated in writing pursuant to notice
requirements set forth in the Agreement.
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, CA 90017
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If to Developer: The Price Company
c/o Joseph Satz, Esq.
4649 Morena Blvd.
San Diego, CA 92117
With a copy to:
15. The obligations of the City herein are binding
upon the City's successors and assigns.
IN WITNESS WHEREOF, the City of Santa Clarita has
caused this Note to be executed in its name by manual
signature of'the Mayor and attested by the manual signature
of its Secretary and has caused this Note to be dated as
of , 1991.
CITY OF SANTA CLARITA
LZ -
Carl Boyer, III
Mayor
-5-
R E C E I V E D FDat:e
CITY couNCIL,
UtG 3 1 1990 AR, CITY CLERKP D
C"YOFsuTACLAMrnNEWHALL 12-27-1990
TO: CITY OF SANTA CLARITA
FROM: M. CLERX, HOMEOWNER IN ANDEN DEVELOPMENT
18804 H VISTA DEL CANON NEWHALL CA 91321
REF: APPLICATION VESTING MAP 50151,ANNEX. AND DEV.
AGREEMENT 90-2, ANDPREZONE90-010.
DEAR MEMBERS OF THE CITY COUNCIL,
IN YOV NOTICE OF PUBLIC HEARING THERE IS A STATEMENT
WHICH PURPORTS".THAT YOUR ACTION ON THE ABOVE MATTER MAY BE ONLY
CHALLENGED IN COURT LATER, PROVIDED WE HAVE INFORMED YOU OF THE
OBJECTIONS WE NOW HAVE OR THOSE WE CAN FORESEE WE MAY HAVE IN THE
FUTURE. THE LANDINQUESTION IS LOCATED RIGHT IN FRONT OF THE
ANDEN CONDOMINIUMS AND A SIZEABLE DISTANCE BELOW THE STREET THAT
BORDERS THE ANDEN DEVELOPMENT. PRACTICALLY ALL CONDOMINIUMS WOULD
HAVE A VIEW COMPRISED OF THE ROOFTOPS WITH THE AIRCONDITIONING
STRUCTURES, THE LOADING DOCKS, THE STORAGE YARDS AND THE GARBAGE
DISPOSAL CONTAINERS OF THE PROPOSED COMMERCIAL BUILDINGS.
WHO WOULD APPRECIATE A DISGUSTING VIEW LIKE THAT? I AM CERTAIN
THE MEMBERS OF THE COMMISSION WOULDN'T! INHERENTLY THE VALUE OF
OUR INVESTMENT WILL SUFFER. THE ITEMS 2a,2b,6a,7,8a,1Oa,1Ob,1Od,
a"YES" ON 12a,14b,16a,16b AND THE POSITIVE ANSWER ON ALL THREE
QUESTIONS OF ITEM 18 IN THE NEGATIVE DECLARATION CONCUR WITH MY
OPINION THAT THE PROPOSED PROJECT IN ITS PRESENT FORM COULD HAVE
A NEGATIVE IMPACT ON AIR QUALITY, NOISE, HEALTH AND VIEW OF THE
NEIGBOURING COMMUNITY TO THE SOUTH.
THEREFORE, UNLESS SAFEGUARDS ARE INCORPORATED RIGHT NOW INTO THE
PROPOSED ZONING PLANS TO PROTECT THE BORDERING LANDOWNERS FROM
ANYTHING THAT WOULD LOWER THE VALUE OF THEIR INVESTMENT IN THEIR
PROPERTY OR CAUSES DETERIORATION OF THEIR VIEW I HEREBY REGISTER
OBJECTION AGAINST ALLOWING THIS SUBDIVISION AND THE PREZONE OF
THE SITE TO C-3.
THE PLANNING COMMISSION WAS MADE AWARE OF OUR'CONCERN IN A LETTER
DATED 11-22-1990. IN THEIR REPLY THEY PROMISED TO TAKE NOTE OF
OUR COMMENTS, _HOWEVER `FROM A TELEPHONE7CONVERSATION �-ON:12--2790
WITH MR::FRED FOLLSTAD_-IT WAS-.OBVIOUS�'NO_DEFENITEnSCREENING■
PROPOSALS -WERE `INCORPORATED"INTO-THE-PL•ANS. JAE_-SAID',=A;MEETIRG_z
OF A,P_L'ANNER_WITH=HOHEOWNERS=WOULD=BE=SCHEbb LED: I�f=CASE"I`CANNOT
�—
AZ,TEND,-I-WANT-THE_COUNCIL=MEMBERS=TO=:BE=AWARE:OF=MYsCONCERNS�AND
TAKELTHEM`INTO-'CONSIDERATION.
SINCERELY,
W.A.1 �A. C c -q—
0 •
RESOLUTION NO. P90-57
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA CLARITA APPROVING
TENTATIVE TRACT NAP NO. 50151
AND RECOMMENDING APPROVAL OF PREZONE NO. 90-010
AND ANNEXATION R DEVELOPMENT AGREEMENT 90-02
THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY
RESOLVE AS FOLLOVS:
SECTION 1. The Planning Commission does hereby find and determine as
follows:
a. An application for a tentative tract map, development and
annexation agreement and prezone were filed with the City of
Santa Clarita on August 3, 1990 and September 25, 1990, by First
Financial Commercial Properties Inc. ('the applicant'). The
property for which these entitlements have been filed is a
56 -acre parcel located on the southern and northern sides of Via
Princessa between Sierra Highway and State Route 14. The Draft
General Plan category for the site is Community Commercial. The
purpose of the tentative tract map application submittal is to
create 5 commercial lots for the development of commercial
building(s). The purpose of the prezone is to request the City
of Santa Clarita zoning of C-3 (Unlimited Commercial) zone prior
to annexation to the City. The purpose of the annexation &
development agreement is formalize funding for the project. The
Assessor's Parcel Numbers for the site are 2842-26-21, 22, 23,
24, 28 and 29.
b. The City of Santa Clarita Development Review Committee (DRC) met
on October 25, 1990, and supplied the applicant's agent with
information relating to this case.
C. A duly noticed public hearing was held by the Planning
Commission on December 18, 1990 at the City Council Chambers,
23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m.
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 on its
behalf, the Commission further finds and determines as follows:
a. The City of Santa Clarita is proceeding in a timely fashion with the
preparation of a general plan. There is a reasonable probability
that this project will be consistent with the.general plan proposal
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.
RESO P90-57
L]
b. The division and development of theproperty in the manner set forth
on the subject 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 tract map.
C. Approval of this vesting tentative tract map will expire twenty-four
(24) months from the date of approval.
d. The applicant has submitted a tentative tract map which depicts the
area proposed for five commercial lots on 39.28 of parcel within the
subject site.
e. The design of the subdivision and the type of improvements 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.
f. The subject property is of a size and shape which lends itself to the
proposed use.
g. The recommended subdivision will not result in a significant
environmental effect as identified in the initial study for the
project.
h. Implementation of this proposal will cause no adverse effects in the
environment which cannot be adequately mitigated through the
application of available controls. The design of the subdivision and
the proposed improvements will not cause substantial environmental
damage or substantial and avoidable injury to fish or wild life or
their habitat, since the project site is not located in a mapped
significant ecological area.
i. 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.
J. The proposed subdivision does not contain or front upon any public
waterway, river, stream, coastline, shoreline, lake or reservoir.
k. 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
development as set forth in the conditions of approval and on the
tentative map, provides adequate protection for easements.
1. The subject property is in a proper location for commercial
development.
RESO P90-57
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SECTION 3. The City of Santa Clarita Planning Commission
has reviewed and considered the requested prezoning classifications set forth
herein and does find and determine as follows:
a. That annexation to the City of Santa Clarita requires a revision to
the zoning classification, to establish City zoning on the area under
consideration, where none existed previously.
b. That a need for the proposed zoning classification exists within this
area.
C. That the particular properties under consideration are in a proper
location for said zoning classification.
d. That the placement of this zoning classification at this location is
in the interest of public health, safety and general welfare, and in
conformity with good zoning practice.
e. That the proposed prezoning of property from the County of Los
Angeles to the City of Santa Clarita is consistent with the City's
Draft General Plan designation for the area.
SECTION 4. The City of Santa Clarita Planning Commission has
reviewed and considered the environmental information contained in the Initial
Study, and determines that it is in compliance with CEQA and that the proposed
project will not have a significant impact on the environment. A negative
declaration was prepared for this project. Based upon the findings stated
above, the Planning Commission hereby approves .the negative declaration.
SECTION 5. Based upon the foregoing, the Planning Commission hereby
approves the application for the tentative tract map subject to following
conditions attached hereto as "Exhibit B" and incorporated -herein by reference
allowing the creation of 5 commercial lots.
SECTION 6. Based upon the foregoing, the Planning Commission hereby
recommends approval to the City Council of the request for a prezone from Los
Angeles County C-3 (Unlimited Commercial) and GC (General Commercial) to City
of Santa Clarita C-3 (Unlimited Commercial) zone classification and approval
of the annexation and development agreement.
SECTION 7. The Secretary shall certify the adoption of this
Resolution and shall transmit a copy to the applicant, the Departments of
Public Yorks, Fire, and Parks and Recreation.
RESO P90-57
PASSED, APPROVED, AND ADOPTED this 18th day of December 1990.
= ��41
1Z --
Jerry Cherrington, Vice Chairman
Planning Commission
0
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I hereby certify that the foregoing is a true copy of a Resolution adopted by
the Planning Commission of the City of Santa Clarita at a regular meeting
thereof, held on the 18th day of December, 1990, by the following vote of the
Commission:
AYES: Modugno, Garasi, Woodrow, Cherrington
NOES: None
ABSENT: Brathwaite
RESO P90-57
L M. Harris, Director
mmunity Development
E
GENERAL CONDITIONS
EXHIBIT B
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 50151
P
1. The approval of the Tentative Tract Map shall expire two years from the
date of conditional approval.
2. The subdivider may file for an extension of the conditionally approved
map prior to the date of expiration for a period of time not to exceed
one year. If such an extension is requested, it must be filed no later
than 60 days prior to expiration.
3. The applicant shall be responsible for notifying the Department of
Community Development in writing of any change in ownership, designation
of a new engineer, or a change in the status of the developer, within 30
days of said change.
4. Unless otherwise apparent from the.context, the term "applicant" shall
include the applicant and any other persons, corporation, or other
entity making use of this grant. The applicant shall defend, indemnify,
and hold harmless the City of Santa Clarita, its agents, officers, and
employees form any claim, action, or proceeding against the City or its
agents, officers, or employees to attack, set aside, void, or annul the
approval of this Subdivision by the City, which action is provided for.
in the Government Code Section 66499.37. In the event the City becomes
aware of any such claim, action, or proceeding, the City shall promptly
notify the applicant, or if the City fails to cooperate fully in the
defense, the applicant shall not thereafter be responsible to defend,
indemnify, or hold harmless the City. Nothing contained in this
Condition prohibits the City from participating in the defense of any
claim, action, or proceeding, if both the following occur: 1) the City
bears its own attorneys' fees and costs; and 2) the City defends the
action in good faith. The applicant shall not be required to pay or
perform any settlement unless the entitlement is approved by the
applicant.
5. Details shown on the Tentative Tract Map are not necessarily approved.
Any details which are inconsistent with requirements of ordinances,
general conditions of approval, or City policies must be specifically
approved.
6. Easements shall not be granted or recorded within areas proposed to be
granted, dedicated, or offered for dedication for public streets or
highways, access.rights, building restriction rights, or other
easements, until after the Final Map is filed with the County Recorder
unless such easements are subordinated to the proposed grant or
dedication. If easements are granted after the date of the. tentative
approval, a subordination must be executed by the easement holder prior
to the filing of the Final Map.
0 0
Conditions of Approval
Tract Map No. 50151
7. The'Final.Map shall be prepared by or under the direction of a licensed
land surveyor or registered Civil Engineer.
8. The Applicant is hereby advised that this project is subject to fees at
the time of building permit issuance which may include, but are not
limited to, the following as applicable: 1) Los Angeles County
Residential Sewer Connection Fee; 2) Interim Schools Facilities
Financing Fee; 3) Installation or Upgrade of Traffic Signals Fees and/or
Road Improvement Fees; and 4) Planned Local Drainage Facilities Fee.
9. Upon development, a stop -work order shall be considered in effect upon
the discovery of any historic artifacts and/or remains, at which time
the City shall be notified. The appliocant shall hire a qualified
consultant that the City approves to study the site and recommend a
course of action , to the satisfaction of the City.
10. In lieu of establishing the final specific locations of structures on
each lot at this time, the owner, at the time of.issuance of a building
permit, agrees to develop and property in conformance with the City Code
and other appropriate ordinances such as the Building Code, Plumbing
Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code,
Zoning Ordinance, Oak Tree Ordinance, Sanitary Sewer and Industrial
Waste Ordinance, Electrical Code, and Fire Code. Improvements and other
requirements may be imposed pursuant to such codes and ordinances.
11. A Final Tract Map must be processed through the City Engineer prior to
being filed with the County Recorder.
12. A grading permit shall be required for any and all.off-site grading to
occur for the purpose of this project.
PUBLIC WORKS - ENGINEERING
Map Requirements
13. The owner, at the time of issuance of permits or other grants of
approval agrees to develop the property in accordance with City Codes
and other appropriate ordinances such as the Building Code, Plumbing
Code, Grading Code, Highway Permit Ordinance, Mechanical Code, Zoning
Ordinance, Undergrounding of Utilities Ordinance, Sanitary Sewer and
Industrial Waste Ordinance, Electrical Code and Fire Code.
14. The applicant shall note all offers of dedication by certificate on the
face of the Final Map.
15. The applicant shall file a'Final Map which shall be prepared by or under
the direction of a licensed land surveyor or registered_ Civil Engineer.
16. The applicant shall quitclaim or relocate easements running through
proposed structures unless structural provisions are made to the
satisfaction of the City with appropriate easements.
- 2 -
Conditions of Approval
Tract Map No. 50151
17. The applicant shall process a Final Map through the City Engineer prior
to being filed with the County Recorder. The applicant has the.right-to
record individual lots subject to the approval of the Director of
Community Development.
18. The applicant shall design intersections with a tangent section from
"beginning of curb return: (BCR) to SCR.
19. Where applicable, the applicant shall pay fees for signing and striping
of streets as determined by the City Traffic Engineer or shall prepare
signing and striping plan for all multi -lane highways within or abutting
the subdivision to the satisfaction of the Department.
20. The applicant shall place above -ground utilities including,.but not
limited to, fire hydrants, junction boxes and street lights within or
adjacent to sidewalk area.
21. The applicant shall provide letter(s) of slope easement(s) and drainage
acceptance as directed by the City Engineer or Director of Public Works.
22. Whenever the centerline of the existing pavement does not coincide with
the record centerline, the applicant shall provide a new centerline to
the satisfaction of the Department of Public Works.
23. The applicant shall design the central angles of the right-of-way radius
.returns to differ by not more than 10 degrees on local streets.
24. The applicant shall provide standard property line return radii of 13
feet at all local street intersections, including intersection of local
streets with General Plan Highways, and 27 feet where all general_ Plan
Highways intersect, or to the satisfaction of the Department.
25. The applicant shall construct drainage improvements and offer easements
needed for street drainage or slopes.
26. The applicant shall provide and install street name signs prior to
occupancy of building(s).
27. The applicant -shall dedicate the right to restrict vehicular access on
Via Princessa to the satisfaction of the Traffic Engineer.
28. The applicant shall construct the following required road improvements:
Street R/W Curb & Base & Street Street
Name Width Gutter Paving Lights Trees Sidewalk
Sierra Hwy.* 126.33 FT X X X X X
Via Princessa# 102-110 FT X X X X X
* The developer shall improve Sierra Highway only adjacent to Lot 3,•but
base paving and median modification may be necessary across the
centerline to accommodate the traffic lanes enumerated in the approved
traffic report.
6 The lane configuration and left turn pockets shall be as shown in the
approved traffic report (TMA).
- 3 -
• 9
Conditions of Approval
Tract Map No. 50151
29. The applicant shall file with the .City Engineer a statement from the
water purveyor indicating that the water system will be operated by the`
purveyor and that under normal operating conditions, the necessary
quantities of water will be available, the system will meet the
requirements for the land division, and that water service will be
provided to each lot/parcel.
30. The applicant shall serve all lots with adequately sized water system
facilities, including fire hydrants, of sufficient size to accommodate
the total domestic and fire flows required for the land division.
Domestic flows required for the land division are to be determined by
the City Engineer or Director of Public Works. Fire flows required are
to be determined by the Fire Chief.
SEWERS
31. The subdivider shall install and dedicate main line sewers and serve
each lot with a separate house lateral or have approved and bonded sewer
plans on file with the Department of Public Works.
32. The subdivider shall install separate house laterals to serve each
building in the land division.
33. The subdivider shall send a print of the land division map to the County
Sanitation District, with the request for annexation. If applicable,
such annexation must be assured in writing.
34. The applicant shall pay a deposit as required to review documents and
plans for final map clearance in accordance with Section 21.36.010(c) of
the Subdivision Ordinance.
GRADING. DRAINAGE & GEOLOGY
35. The applicant shall submit a grading plan which must be approved prior
to approval of the final map.
36. The applicant shall design grading plan based on a detailed engineering
Geotechnical report which must be specifically approved by the geologist
and/or soils engineer and show all recommendations submitted by them.
It must also agree with the tentative map and conditions as approved by
the Advisory Agency. All buttresses over 25 feet high must be
accompanied by calculations.
37. The applicant shall eliminate all geologic hazards associated with this
proposed development, or delineate a restricted use area approved by the
consultant geologist to the satisfaction of the Geology and Soils
Section and dedicate to the City the right to prohibit the erection of
buildings or other structures within the restricted use areas.
- 4 -
Conditions of Approval
Tract Map No. 50151
38. The applicant shall submit drainage plans and necessary support
documents.to comply with the engineering requirements. These must be
approved to the satisfaction of the Director of Public Warks prior to
filing of the final map. Portions of the property may be subject to
sheet overflow and ponding and high velocity scouring action. Portions
of the property lying in and adjacent to natural drainage course may be
subject to flood hazard because of overflow, inundation, and debris
flows.
39. The applicant shall provide drainage facilities to remove the flood
hazard and dedicate and show necessary easements and/or rights-of-way on
the final map.
40. The applicant shall show on the final map the City's/Flood Control
District's right-of-way for storm drain facilities. A permit will be
required for any construction affecting the right-of-way of facilities.
41. The applicant shall provide for the proper distribution of drainage.
42. The applicant shall provide for contributory drainage from adjoining
properties and return drainage to its natural conditions or secure.
off-site drainage acceptance letters from affected property owners. A
hydrology study shall be submitted and approved prior to the filing of
the final map.
43. The applicant shall submit a detailed engineering Geotechnical.and Soil
Report which must be approved prior to approval of the final map. The
report, based upon adequate test borings or excavations, shall (1)
describe any soil or geologic condition(s) which, if not corrected might
lead to structural damage or slope failure, and (2) recommend action
likely to prevent structural damage or slope failure. A.soil expansion
index test is required and shall be done in accordance with the
procedures of UBS Std. No. 29-2.
44. The tentative map shows that proposed slopes will cross lot lines, for,
approval of grading plans, the applicant shall adjust these slope lot
lines so that lot lines are located at or near the top of the slopes,
along drainage terraces, or at similar locations acceptable for
establishment of slope maintenance responsibilities.
45. The applicant shall adjust, relocate, and/or eliminate lot lines, lots,
streets, easements, grading, geotechnical protective devices, and/or
physical improvements to comply with ordinances, policies, and standards
in effect at the date the City determined the application to be complete
all to the satisfaction of this Department.
46. Prior to final approval, enter into a written agreement with the City of
Santa Clarita whereby the subdivider agrees to pay to the City a sum
equal to the fee set forth in the development agreement, by and between
the City and CP Shopping Center partners and the Price Club as such
agreement becomes effective or a sum to be determined by the City
- 5 -
0 0
Conditions of Approval
Tract Map No. 50151
Council times the factor per development unit for the purpose of
contributing to a proposed Bridge and Thoroughfare Benefit District to
implement the highway element of the General Plan as a means of
mitigating the traffic impact of this and other subdivisions in the
area. The form of security for performance of said agreement shall be
as approved by the City.
The agreement shall include the following provisions:
Upon establishment of the District and the area of benefit, the
fee.shall be paid to a special Department of Public Works fund.
In the event funds are required for work prior to formation of the
District, the Director of Public Works may demand a sum of $2,100
(or greater as determined by the City Council), times the factor .
per development unit to be credited toward the final fee
established under the District.
The.subdivider may construct improvements of equivalent value in
lieu of paying fees established for the District subject to
approval of the Director of Public Works.
The Director of Public Works may require the developer to submit a
traffic report periodically that addresses traffic congestion and
the need to mitigate the problems prior to issuing building
permits.
Factors for development units are as follows:
Development Unit
Single Family per unit
Townhouse
per
unit
Apartment
per
unit
Commercial
per
unit
Industry
per
unit
The project is in the:
[ ] Via Princessa Bridge and Thoroughfare District
[ ] Bouquet Canyon Bridge and Thoroughfare District
[X] Route 126 Bridge and Thoroughfare District
[ ] Valencia City Bridge and Thoroughfare District
Factor
1.0
0.8
0.7
5.0
3.0
47. Applicant shall form a Landscape Assessment district to provide for the
maintenance of medians and slopes. The Landscape District must be
approved by the City Council at the same meeting or prior to approval of
the Final Map.
48. Access is required to slopes which are to be maintained by a Landscape
Assessment District.
1W -1E
i 0
Conditions of Approval
Tract Map No. 50151
The design of the landscape plans and irrigation systems (the number of
meters and location of the systems within the lot lines); shall lend
itself to the method established for maintenance.
49. The applicant is responsible for landscaping the medians.
50. Where there are slopes greater than 5 feet in height.which the Building
Code requires to be plants, planting and irrigation plans shall be
submitted and approved prior to approval of the grading plans.
Irrigation systems shall be designed to provide for proper maintenance
of the plants and systems.
ADDITIONAL PUBLIC WORKS CONDITIONS
51. The applicant shall relocate existing storm drain facilities and
easements to the satisfaction of the City Engineer.
52. The applicant shall record reciprocal access rights across all lots on
the final map or by separate documents, except between Lots 2 and.3.
53. The applicant shall install sewers along entire property frontage
including Sierra Highway. Sewers must be double lined in Via Princessa,
or other installation subject to the approval of the Director of Public
Works.
54. The applicant shall have an approved haul route from the City -Engineer
and the Community Development Department for offsite transport.
Application shows 84,000 yds. of off site transport.
55. All existing Corrugated Metal Pipe crossing Sierra Highway within the
limits of this project or part of the outlet system for this project
must be concrete lined or replaced.
56. The Geotechnical Report shall address the sulfide/sulfate levels of the
soil and shall indicate the areas of the expansive soil.
FIRE DEPARTMENT CONDITIONS
57. This property is located within the area described by the Forester and
Fire -Warden as Fire Zone 4 and future construction must comply with
applicable Code requirements.
58. Provide water mains, fire hydrants, and fire flows as required by the
County Forester and Fire Warden for all land shown on the map to be
recorded.
59. Provide Fire Department and City -approved street signs, and building
address numbers prior to occupancy.
- 7 -
Conditions of Approval
Tract Map No. 50151
60. Fire Department access shall extend to within 150 feet distance -of any
portion of structures to be built.
61. Access shall comply with Section 10.207 of the Fire Code which requires
all weather access. All weather access may require paving.
62. Where driveways extend further than 300 feet and are of single access
design, turnarounds suitable for fire protection _equipment 'use -shall be
provided and shown on the final map. Turnarounds shall be designed,
constructed and maintained to insure their integrity for Fire Department
use. Where topography dictates, turnarounds shall be provided.for
driveways which extend over 150 feet.
63. All required fire hydrants shall be installed, tested and accepted prior
to construction. Vehicular access must be provided and maintained
serviceable throughout construction.
64. The required fire flow for public fire hydrants at this location is 5000
gallons per minute @ 20 psi for a duration of 5 hours, over and above
maximum daily domestic demand.
65. Fire Hydrant requirements are as follows: Install 16 Public Fire
Hydrants.
66. All hydrants shall measure 6"x4"x2 1/2" brass or bronze, conforming to
current AWWA standard C503 or approved equal. All hydrants shall be
installed a minimum of 25' from a structure or protected by a.(2) two
hour fire wall. Location: As per map on file with this office.
67. All required fire hydrants shall be installed, tested and accepted prior
to construction. Vehicular access must be provided and maintained
serviceable throughout construction.
68. Additional on-site hydrants may be required during the building permit
process.
69. Provide fire flow data once hydrants have been installed. All hydrants
shall be installed in conformance with Title 20, L.A. County Government
Code or appropriate city regulations. This shall include minimum
six-inch diameter mains. Arrangements to meet these requirements must
be made with the water purveyor serving the area.
70. The applicant/permittee shall participate in equitably financing fire
service facilitiesandapparatus to mitigate the cumulative impact
created by the development project. Financing measures may include
paying the prevailing established Developer Fee or providing equivalent
mitigation in land, a completed fire station and/or specialize
apparatus. This fee is not to exceed 19 cents per square foot of
building area.
- 8 -
0 0
Conditions of Approval
Tract Map No. 50151
PARKS AND RECREATION CONDITIONS
71. Street trees shall be provided to the satisfaction of the Parks and
Recreation Department. Use trees from the Cities approved Master Street
Tree List, which can be obtained from the City Arborist.
72. Provide final landscape and irrigation plans for review and to the
satisfaction of the Parks and Recreation Department and Community
Development Department.
73. Median landscaping improvements shall be made to the medians adjacent to
the tract frontage to the Satisfaction of the Director of Parks and
Recreation.
74. Applicant is to incorporate adequate landscape buffers on all roadway or
proposed roadway frontage as determined by the Parks and Recreation
Department. '
DEPARTMENT OF COMMUNITY DEVELOPMENT
75. This grant shall not be effective for any purpose until the permittee
and the owner of the property involved (if other .than the permittee)
have filed with the Director of Community Development their affidavit
stating that they are aware of, and agree to accept, all of the
conditions.of this grant.
76. All requirements of the Zoning Ordinance and of the specific zoning of
subject property must be complied with unless set forth in the permit
and/or as shown on the approved plot plan.
77. The property shall be developed and maintained in substantial
conformance with the tentative map.
78. Three copies of a landscape plan shall be submitted to, and approved by,
the Director of Community Development and the Director of Parks and
Recreation prior to the issuance of building permits. The landscape
plan shall show size, type, location of all plants, trees, and water
facilities.
79. The applicant shall obtain the proper zoning for the site prior to the
recordation of the map.
80. The property shall be annexed and prezoned to the City of Santa Clarita
prior to recordation of the map.
81. The applicant shall submit architectural plans to the Director of
Community Development for approval. These plans shall include a
materials board depicting the color and types of building materials and
a signage program for all portions of this subdivision.
•
Conditions of Approval
Tract Map No. 50151
TRAFFIC DEPARTMENT
82. The following traffic improvements shall be completed prior to the
occupancy of the Canyon Park commercial center or any of its components:
Widening on Sierra Highway either side of Via Princessa to achieve
operational lane configurations as shown:
Southbound - One right turn, three through and two left turns.
Northbound - One right turn, two through and one left turn.
Widening on Via Princessa between Sierra Highway and the easterly
project limits as shown:
Eastbound - Two through lanes.with left turn lanes at Parcel 13,
at Price Club - west, at Price Club - center and at parcel 13 -
east. The left turns at Price Club - west and Parcel 63 - east
shall be limited to left turns eastbound to northbound only
without provisions for west bound left turns or left turn egress
from the property on either side.
Westbound - Two through lanes with left turn lanes.at Parcel 4 -
east at Parcel 4 - west (Price Club -center) and at Vista Del
Canon. The left turn -lane at Parcel 4 - east shall be limited to
westbound left turns only. All other possible ingress and egress
at that point shall be limited to right turns and controlled by
the median configuration.
83. The applicant shall install traffic signals at the main Price Club
entrance and at Sierra Highway and Via.Princessa. The signals at Sierra
Highway and Via Princessa and Via Princessa at the Price Club entrance
shall be operational when the Price Club is opened.
84. The applicant shall pay 501 of the cost to install traffic signals at
the intersection of Via Princessa and Vista Del Canon and along Sierra
Highway between Via Princessa and Vista Del Canon. These signals are to
be installed upon approval of the Director of Public Works.
85. The applicant shall pay 50% of the cost to install cul-de-sacs on Vista
Del Canon south of the intersection of Via Princessa and on Vista Del
Canon east of Sierra Highway. These shall be constructed to the
satisfaction of the Director of Public Works. If the applicant is
unable to obtain permission to construct the cul-de-sacs, the applicant
will work with the City to make Vista Del Canon a public street.
86. The applicant shall modify the medians and driveway accesses on Via
Princessa, Sierra Highway and Vista Del Canon to allow for the new
traffic -design. These modifications are subject to the approval of the
Directors of Public Works and Community Development.
FLF:211
!'W11M
Pece, Vea
co
�tC J
c
NEWHALL 11-22-1990
TC' CITY OF SANTA CLARITA
ca,nn; W.A. 3 M. CLERX, HOME::WNER IN ANDEN DEVELOPMENT
V:STA 0EL CANON NEWHALL CA 91321
'c`- FPLI_AT:ON V=CTI."JG MAP 50151 „-'.NN AND DEJ
,A3PEEMEN7 9r:-2, AND PREZONE 90-C10.
PLANNING COMMISSION,
:`i YOU= ^JOT ICE 'OF PUBLIC HEARING THERE IS A STATEMENT
n�ICH PURPORTS THAT YOUR ACTION ON THE ABOVE MATTER MAY BE ONLY
IN COURT LATER, PR'CVIDED WE HAVE INFORMED YOU OF THE
O3JE�TIO^JS WE N -CW HAVE OR THOSE WE CAN FORESEE WE MAY HAVE :N THS
FUTURE. TUC LAND IN :QUESTION IS LOCATED RIGHT IN FRONT OF THE
ANDEN CONDOMINIUMS AND A SIZEABLE DISTANCE BELOW THE STREET THAT
BOPDERS THE ANDEN DEVELOPMENT. PRACTICALLY ALL CONDOMINIUMS WOULD
HAVE .A VIEW COMPRISED OF THE ROOFTOPS WITH THE AT_RCONDITIONING
STRUCTURES, .THE LOADING DOCKS, THE. STORAGE YARDS AND THE GARBAGE
DISPOSAL -ONTAINERS OF THE PROPOSED COMMERCIAL BUILDINGS.
WOULD APPRECIATE A DISGUSTING VIEW LIKE THAT? WE ARE CERTAIN
*MEMBERS OF THE COMMISSLON WOULDN'T! INHERENTLY THE VALUE OF
4 INVESTMENT WILL SUFFER. THE ITEMS 2a,2b,6a,7.8a,10a,10b,10d,
a"YES" ON 12a,14a 16a,16b AND THE POSITIVE ANSWER ON ALL THREE
:UEST:ONS OF ITEM 18 IN THE NEGATIVE DECLARATION CONCUR WITH OUR
)PI"iION THAT THE PROPOSED PROJECT IN ITS PRESENT FORM COULD HAVE
A NEGATIVE IMPACT ON AIR QUALITY, NOISE, .HEALTH AND VIEW OF THE
NEIGBOURING COMMUNITY TO THE SOUTH.
THEREFORE, UNLESSSAFEGUARDSARE INCORPORATED RIGHT NOW INTO THE
PROPOSED ZONING PLANS TO PROTECT THE BORDERING LANDOWNERS FROM
ANYTHING THAT WOULD LOWER-T.HE,,.VALUE OF THEIR INVESTMENT IN THEIR
PROPERTY OR CAUSES:_DETERI0XiiON OF THEIR VIEW WE HEREBY REGISTER
OBJECTION AGAINST -ALLOWING".. SUBDIVISION AND THE PREZONE OF
THE SITE TO C-3.
SINCERELY
P.S. FOR DISCUSSION WE WOULD PUT FORWARD THAT ANY BUILDING PERMIT
CHE SITE'IN FRONT OF THE ANDEN DEVELOPMENT WOULD ALSO BE
S JECT TO APPROVAL OF THE HOMEOWNERS ASSOCIATION OF THAT / �o
DEVELOPMENT [WITH NOT ANDEN CO. BUT ONLY HOMEOWNERS HAVING A VOTE
IN THAT DECISION].
CITY OF SANTA CLARITA
N E G A T I V E D E C L A R A T I O N
CERTIFICATION DATE:
APPLICANT: First Financial Commercial Pronerties,
Price Club
TYPE OF PERIfIT: Tentative Tract Mao, Prezone
Annexation/Development Agreement
FILE NO.: TTM 50151. D/A Agreement 90-02 and PZ 90-010
Project Locations North and south of Via Princessa, between Sierra Hwv
and State Highway 14, adjacent to future State Highway 126.
Project Description and Setting: Subdivision and grading of 56 acres
for the construction of approximately 410 000 souare feet of commercial
retail space to include a 113.000 square foot 'membership warehouse*.
.....................................................................
[ ] City Council
It is the opinion of [ ] Planning Commission
[X] Director of Community Development
upon review that the project will not have a significant effect upon
the environment.
Mitigation measures, [ ] are attached
Form completed by:
Fred Follstad. Assistant Planner II
(Name and Title)
Date of Public Notices November 13. 1990
[X] Legal advertisement.
[X] Posting of properties.
[X] Vritten notice.
`Ap
ENVIRONMENTAL ASSESSH ENT
(Initial Study Form B) »s M!
CITY OF SANTA CLARITA.
A/D Agreement 90-02:^
Plot Plan 90-098 4
Plot Plan 90-099, ...
TTH 50151 (.
CASE NO. PZ 90-010 Prepared by: Fred Follstad .,
Project Location: North and south of Via Princessa: betveen Sierra Hvv
and State Highway 14, adjacent to future State Highvav 126.
Project Description and Setting: _Subdivision and grading of 56 acres
for the construction of approximately 410.000 square feet of commercial
retail space to include a 113.000 square foot "membership warehouse".
General Plan Designation "C" (Commercial) and 6SP-1" (Specific Plan)
Zoning: "C-31 (Unlimited Commercial) and 'General Commercial"
Applicant: First Financial Commercial Properties. Price Club
Environmental Constraint Areas: Fire Zone 4. 60 CNEL Zone
A. ENVIRONMENTAL EFFECTS
0 YES MAYBE NO
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes
in geologic substructures? .................. [ J [ l [X]
b. Disruptions, displacements, compaction
or overcovering of the soil? [X] [ l [ ]
C. Change in topography or ground surface
relief features? ........................... [XI [ l [ l
d. The destruction, -covering or modification
of any unique -:geologic or physical
features? [ l [ l [Xl
e. Any, increase -in wind or water erosion of
soils;.either od or off the site? .......... [ ] [ l [XJ
f. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar
hazards? ................................... [XJ [ l [ l
g. Changes in deposition, erosion or
issiltation? ................................. [ ] [ l [Xl
h. Other modification of a wash, channel,
creek, or river? ........................... [ ] [ l [XI
f r,>.3
0
c�
- 2 -
(1
3. Vater. Vill the proposal result in:
a. Changes in absorption rates, drainage
patterns, or the rate and amount of
surface runoff? ............................ [X] I ] I ]
b. Alterations to the course or flow of
flood waters? .............................. [ l
C. Change in the amount of surface water
in any..vater body? .......................... [ ]
d. Discharge into aurface waters, or in any
alteration of -,surface water quality, in-
cluding but`notlimited to temperature,
dissolved oxygen or turbidity? ............. ( J
e.' Alteration of the direction or rate of
flow of ground waters? ..................... ( ]
f. Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavations? [ ]
g. Substantial reduction in the amount of
water otherwise available for public
water supplies? ............................ [ ]
"�
YES MAYBE NO
i.
Earth movement (cut and/or fill) of 10,000
cubic yards or more? .......................
[X] [ ] [ ]
j.
Development and/or grading on a slope
greater than 25Z natural grade? ............
[ ] [ ] [XJ
k.
Development within the Alquist-Priolo
Special Studies Zone? ......................
[ ] [ ] [X]
1.
Other?
( ] [ ] [ ]
2. Air.
Vill the proposal result in:
a.
Substantial air emissions or deterioration
of ambient air quality? ....................
[XJ [ ] [ ]
b.
The creation of objectionable odors? .......
[X] ( ] I ]
C.
Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally? ..............
( ] [ ] [X]
d.
Development within a high wind hazard
area? ......................................
[ ] I ] IXJ
e.
Other?
[ ] [ J [ ]
3. Vater. Vill the proposal result in:
a. Changes in absorption rates, drainage
patterns, or the rate and amount of
surface runoff? ............................ [X] I ] I ]
b. Alterations to the course or flow of
flood waters? .............................. [ l
C. Change in the amount of surface water
in any..vater body? .......................... [ ]
d. Discharge into aurface waters, or in any
alteration of -,surface water quality, in-
cluding but`notlimited to temperature,
dissolved oxygen or turbidity? ............. ( J
e.' Alteration of the direction or rate of
flow of ground waters? ..................... ( ]
f. Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavations? [ ]
g. Substantial reduction in the amount of
water otherwise available for public
water supplies? ............................ [ ]
"�
61 6
- 3 -
YES MAYBE NO
h.
Exposure of people or property to water
related hazards such as flooding? ..........
[ ] [ l [X]
i.
Other? Development within 50 yr floodplain
[ ] [ l [X]
4. Plant Life. Will the proposal result in:
a.
Change in the diversity of species or number
of any species of plants (including trees,
shrubs, grasses, crops; and microflora)?
[X] ( ] [ ]
b.
Reduction of the numbers of any unique,
rare or endangered species of plants? ......
[ j [ ] [X]
C.
Introduction of new species of plants into
an area, or in a barrier to the normal re-
plenishment of existing species? ...........
[XJ [ ] [ j
d.
Reduction in acreage of any agricultural
crop? .......... ............................
[ l [ ] [Xl
5. Animal Life. Will the proposal result in:
a.
Change in the diversity -of species, or
numbers:of any species of animals (birds,
land animals including reptiles, fish and
insects or microfauna)? .................:..
[X] [ ] [ ]
b.
Reduction of the numbers of any unique,
rare or endangered species of animals? .....
[ J ( ] [X]
C.
Introduction of new species of animals .
into an area, or result in a barrier to
the migration or movement of animals? ......
[ ] [ ] [X]
d.
Deterioration to existing fish or wildlife
habitat and/or migratory routes? ...........
[ ] [ ] [X]
6. Noise. Will the proposal result in:
a.
Increases in existing noise levels? ........
[X] [ l [ ]
b.
Exposure of people to severe or
unacceptable noise levels? ..................
[ ] [ J [X]
C.
Exposure of people to,severe vibrations? ...
[ ] [ l [XJ
7. Light and Glare. Will the proposal produce
substantial new light or glare? ..................
[X] [ ] [ ]
8. Land
Use. Will the proposal result in:
a.
Substantial alteration of the present
land use of an area?. ..........:............
[Xl [ l • [ ]
b.
A substantial alteration of the
planned land use of an area? ...............
[ ] [ l [X]
:0
11
_Xe
- 4 -
YES MAYBE NO
C. A use that does not adhere to existing
zoning laws? ...............................
I 1 [ ] [X]
d. A use that does not adhere to established
development criteria? ......................
[ ) [.I (X]
9. Natural Resources. Vill the proposal result in:
a. Increase in the rate of use of any natural
resources? ..................................
[ 1 I ] [X]
b. Substantial depletion of any nonrenewable
natural resources? .........................
I 1 I 1 1X1
10. Risk of Upset/Man-!Sade Hazards. Vill the proposal:
a. Involve a risk of an explosion or the release
of hazardous substances (including, but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions? ..........................
[X] ( ) I ]
b. Use, store, transport or dispose of hazard-
ous or toxic materials (including, but not
limited to, oil. pesticides, chemicals or
radiation)?
[X]
C. Possible interference with an emergency
response plan or an emergency evacuation
plan? ......................................
I ] [ ] [Xl
d. Otherwise expose people to potential safety
hazards? ...................................
[X] I ] I l
11. Population. Will the proposal:
a. Alter the location, distribution,
.density, or growth rate of the human
population of'an'area? .....................
[ ] [ ] 1Xl
b. Other?
[ ] [ l [X]
_~
12. Houaing.-:Villathe proposal:
a. Remove or otherwise affect existing
housing, or create a demand for
additional housing? ........................
[ l [ ] [X]
b. Other?
[ ] [ ] I ]
13. Transportation/Circulation. Will the proposal
result in:
a. Generation of substantial additional
vehicular movement? ..........................
[X] [ ] [ J
_Xe
- 5 -
YES MAYBE
NO
b.
Effects on existing parking.facilities.
or demand for new parking? .................
[X] [ ]
[ ]
C.
Substantial impact upon existing
transportation systems, including public
transportation? ............................
(X] [ 1
[ l
d.
Alterations to present patterns of
circulation or movement of people
and/or goods? .............................
(X) I I
( ]
e.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians? .......
[ ] [ ]
(XI
` f.
A disjointed pattern of roadway
improvements? ..............................
( ] ( I
(XI
14. Public Services. Will the proposal have an effect
upon, or result in a.need for new or altered govern-
mental services in any of the following areas:
a.
Fire protection? ...........................
[ ] [ ]
[X]
b.
Police protection? .........................
[ ] ( I
(XI'
Schools?
C.*
...................................
[ ] ( I
(XI
d.
Parks or other recreational facilities? ....
( ] ( I
(X]
e.
Maintenance of public facilities,
including roads? ...........................
( ] ( I
(XI
f.
Other governmental services? ...............
[ ] ( ]
[XI
15. Energy. Will the proposal result in?
a.
use of substantial amounts of fuel or
energy. ....................................
[XI [ I
I I
b.
Substantial increase in demand upon
existing sources -of energy, or require
the development of new sources of energy?
[ ] [ I
[XI
16. Utilities. Will the proposal result.in a need,
for
new systems, or substantial alterations to
the
following utilities:
a.
Power or natural gas? ......................
(X) I I
[ I
b.
Communications systems? ....................
[ I I I
(XI
C.
Water systems? .............................
( I I ]
[XI
d.
Sanitary sewer systems? ....................
[ I ( 1
(XI
e.
Storm drainage systems? .....................
I I ( I
[X1
4
%'-�' 8'
g'.
YES MAYBE NO
f. Solid waste and disposal systems? ........
[ ] [ ] [XJ
g. Vill the proposal result in a disjointed
or inefficient pattern of delivery system
improvements for any of.the above? .........
[ J [ ] [X]
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)? ...
( ] [ ] [X]
b. Exposure of people to potential health
hazards? ...................................
I ] [ ] [X]
18. Aesthetics. Vill the proposal result in:
a. The obstruction of any scenic vista or
view open to the public? ...................
[X] I J I ]
b. Will the proposal result in the creation
of an aesthetically offensive site
open to public view? .......................
[X] [ ] I ]
C. Will the visual impact of the proposal•
be detrimental to.the,surrounding area? ....
[X] [ J [ J
19. Recreation. Will the proposal result in an
impact upon the quality or quantity of existing
recreational opportunities? .....................
[ ] [ ] [X]
20. Cultural Resources.
a. Will the proposal result in the alteration
of or the destruction of a prehistoric or.
historic archaeological site? ..............
[ ] [ ] [X]
b. Will the proposal result in adverse physical
or aesthetic effects to a prehistoric or
historic -building, structure, or object? ...
[ ] [ ] [X]
C. Does "the'.',propos.al have the potential to
cause -a physical`._ change which would affect
unique+.ethnic cultural values? .............
( ] ( ] [X]
d. Vill the proposal restrict existing
religious or sacred uses within the
potential impact areal .....................
[ J ( ] [X]
%'-�' 8'
Discussion of Impacts and Mitigation Measures.
Section Subsection, Evaluation of Impact (source)
l.a. Development of the site will not result in unstable earth
conditions or changes in geologic substructure. The applicant has
submitted a report prepared by a licensed sails engineer which
states that.sails on the subject property are capable of
supporting the proposed project (Public Works).
l.b. The project will result in soil surface disruption, overcovering,
and soil compaction. Grading will occur.on approximately 751 of
the site; the remainder of site will be left in a natural
condition. Proposed grading consists of approximately 384,000
cubic yards of cut and fill, with approximately 84,000 cubic yards
to be exported to a suitable location offsite. A grading concept
will be reviewed by, and be to the satisfaction of, the City's
Public Works Department. No significant impacts are anticipated
(Public Works).
l.c. A portion of the site was previously graded.by the Anden Group
into a pad and Caltrans graded on another protion of the site for
freeway construction. The additional grading will be needed to
accommodate this specific project (Community Development).
l.d. No unique geological features are found on the site (Community
Development).
l.e. The applicant will be required to comply with all City Codes
regulating soil erosion during construction, and no significant
impact is anticipated (Community Development).
l.f. The property is located within a severe intensity seismic hazard
area (Seismic Zone 1 per the Los Angeles County Santa Clarita
Areavide General Plan). The soils report identified no other
imminent geological hazard. Current UBC construction standards
will reduce the potential hazard to a level of insignificance
(Public Works).
l.g. The subject project will not cause changes in deposition, erosion,
or siltation "(Community Development).
l.h. The subject project will not cause any modifications of a wash,
channel, creek; -or river as none exist on the site (Community
Development)'x >.
l.i. See l.b.
l.j. The applicant is proposing some grading within slopes over 251 to
accomodate the project. Grading has occurred to adjacent to the
site. With the implementation of slope plantings, this will be
reduced to a level of insignificance (Community Development).
l.k. The project site is not within the Alquist-Priolo Special Studies
Zone (Community Development). ! —D /
2.a. Short term impacts to air quality due to construction activities
are anticipated to occur including dust and diesel fumes, however,
these are likely to cease -when construction is completed. There
are long term impacts associated with the development of this
site. The site will generate 26,800 Average Daily Trips, but a
number of these trips will either be bypass traffic from the
Antelope Valley Freeway or local traffic that would commute
elsewhere for the proposed uses supplied by this project. Local
air quality may decrease, but regional air quality will increase,
therefore, no significant impact is anticipated (Community
Development).
2.b See 2.a.
2.c. This project is not of the scale or type that could affect the or
alter air movement, moisture, temperature or climate (Community
Development).
2.d. The site is not in a known wind hazard area (Community
Development).
3.a. Prior to project construction the applicant will be required to
submit a conceptual drainage plan for review and approval by the
City's Public Vorks Department. The offsite drainage will be
conveyed to existing storm drain infrastructure in Via Princessa
(Community Development).
3.b. The site does not lie within an identified flood hazard area
(Community Development).
3.c,d. There are no surface waters or any water bodies near the project
site (Community Development).
3.e,f. The applicant's soils report and Initial Study (Form A) did not
indicate a shallow groundwater table. No excavation or water
extraction is planned for the site that might cause local changes
in the groundwater level, or in groundwater movement. No impacts
to groundwater flow or quantity are anticipated to occur
(Community Development).
3.g. The applicant is to connect to existing 14 inch water line in Via
Princessa.(Community Development).
3.h. The'siteAs'located within Zone C (Flood Insurance Rate Map
produced by the"Federal Emergency Management Agency); this does
not designate the site as a Flood Hazard Area.
4. a, b. The existing plant habitat has been severely disturbed by previous
grading activities on the project site by the previous owners. No
oak trees exist on the site or will be affected by this project.
The site has not been identified as a sensitive area for any rare
or endangered plant species (Community Development).
4.c. The applicant will be incorporating ornamentals plants and other
landscaping into the proposed project. No significant impact is f r3o
anticipated (Community Development).
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4.d. The site is not under nor designated for agricultural uses
(Community Development).
5.a -d The existing animal community has been severely disturbed by
previous grading activities. The site and the surrounding
vicinity are not identified as within a significant wildlife use
area (Community Development).
6.a,b The site has not been identified as having the potential for
having long term noise impacts. Short term noise impacts may
occur during the construction phase of.the project. City codes
regulate this issue in terms of days and times permitted -for
construction and the severity of the noise. This impact is not
anticipated to be significant (Community Development).
6.a -c. This project may expose people to vibrations during certain
construction activities. Due to the localized activities and
being short term in nature, no significant impacts are anticipated
(Community Development).
7 This project will introduce a new source of light and glare to
that area. The applicant will be conditioned to submit a lighting
plan in conjunction with a landscape plan, both requiring approval
from the Community Development Department. Due to the urbanizing
character of the area this impact is not anticipated to be
significant (Community Development).
8.a -d. The project site is presently bounded by State Route 14 proposed
State Route 126, single-family homes, and condominiums under
construction. The site is zoned C-3 and G -C which are commercial
zoning designations. The General Plan designates the site as
Commercial (Los Angeles County Santa Clarita Valley Areawide
General Plan) and Business Park by the proposed City of Santa
Clarita General Plan. The proposed use conforms to all
regulations required by the above designations (Community
Development).
9.a.b. This project is not of the size.or type to affect an increase in
the rate of use of any natural resources or nonrenewable natural
resources (Community Development).
10.a -d. This project may cause limited, short term exposure to various
hazardous materials during theconstruction phase. These impacts
would ceaseupon completion of construction. Compliance with all
City"Cades with respect to construction procedures and the use of
hazardous materials and equipment will be enforced by the Building
and Safety Department (Community Development).
ll.a. While the project will result in the creation of a substantial
number of new jobs in the area, this number is not of the size to
have a significant impact on population (Community Development).
12.a. Thio project is not of the size or scope to affect existing
housing, or create a demand for additional housing. No
significant impact is anticipated (Community Development).
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13.a,c,d. The Public Works Department/Traffic Division has determined
that the project will create approximately 26,800 trips per
day, based on the rate of 50 trips per 1,000 square feet of
commercial use (Institute of Transportation Engineers 4th
Edition). A Traffic Study was prepared for the project
stating the existing conditions and recommendations for
improvements. The project will construct full width
improvements on Sierra Highway and Via Princessa and
signalize that intersection. The intersection of Sierra
Highway and Soledad Canyon Road is currentely operating at an
impacted level, and the construction of this project will
increase the amount of traffic minimally. The County of Los
Angeles is currently constructing the Via Princessa/Vhites
Canyon Road extension. Upon completion, this extension will
reduce the amount of traffic through the Sierra/Soledad
intersection. The expected completion date is January,
1993. The site will be adjacent to the proposed 'Red Line'
public bus route, which will be on line in July, 1991.
Recommendations contained in the Traffic Study shall be
incorporated into the project's conditions for approval.
(Community Development).
13.b. The proposed project shall be in conformance with the City of
Santa Clarita parking ordinance. The applicant's Initial
Study (Form A) indicates the provision of 1,618 parking
spaces. The final design of the project may require a
modification of this number. on-site circulation has been
reviewed and is to the satisfaction of the Public Works
Department/Traffic Division. No impact is anticipated
(Community Development).
13.e. All potential traffic and pedestrian conflict points shall be
signalized, striped or otherwise marked to the satisfaction
of the City's Traffic Engineer. No impact is anticipated
(Community Development)
13.f. Project will front on an existing roadway (Via Princessa),
and will provide needed infrastructure improvements to the
existing street system (Community Development).
14.a. The nearest existing fire station is located three miles from
the site. All proposed construction will comply with
existing applicable.fire codes (L.A. County Fire Department).
14.b. The Los Angeles•County Sheriff's Department has indicated
that the proposed project will not adversely impact existing
service levels. The Sheriffs' Department will evaluate the
required lighting plan to insure it is in conformance vith
Department standards for security and safety (L.A. County
Sheriff).
14.c. This project is not of the type or nature to affect -school
population (Community Development).
14.d. As a condition of approval, the developer is required to
provide street trees, and a landscape plan to the Aja'
satisfaction of the Community Development Department and the
Parks and Recreation Department (Parks and Recreation).
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14.e. An incremental increase in the need.for road maintenance will
occur as a result of project construction. No significant
impact is anticipated (Community Development)
14.f. No significant increases on City services are anticipated
(Community Development).
15.a,b. No significant increase in the demand for existing energy
resources are anticipated (Community Development).
16.a The applicant shall be required to relocate a 32 -inch high
pressure natural gas line which traverses the site.
Permitting and relocation monitoring activities shall be
monitored by the Southern California Gas Company and the
Department of Public Yorks. No significant impacts are
anticipated (Community Development).
16.b -g All major utilities are located adjacent to the site. The
applicant shall be required to extend all utilities located
next to the site to the proposed buildings (Community
Development).
17.a,b. The creation of a health hazard is not anticipated with this
project (Community Development).
18.a -c. The project will be visible from State Route 14 and proposed.
State Route 126, and from existing and proposed residences to
the south. The applicant will be required to submit a sign
program, elevations and landscape plans to the satisfaction
of the Director of Community Development. Such plans shall
specifically address architectural design of the proposed
structures and provide for architectural relief and screening
of aesthetically offensive views from public rights-of-way.
No significant impact is anticipated (Community Development).
19. See 14.d.
20.a. No known archaeological resources have been identified, or
are expected to occur, on the site (ESRI).
20.b,c, No;knovn.cultrital resources have been identified, or are
expected to,occur, on the site (Community
d. Development).
C. MANDATORY FINDINGS OF SIGNIFICANCE
Section 15065 of the California Environmental Quality Act states, in
part, that if any of the following can be answered yes or maybe, the
project may have a significant effect on the environment and an
Environmental Impact Report shall be prepared.
YES MAYBE NO
1. Does the project have the potential to degrade
the quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self sus-
taining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict.the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods
of California history or prehistory? ................. [ J [ ] [XJ
2. Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on the
environment is one which occurs in a relatively
brief, definitive period of time while long-term
impacts will endure well into the future.) ........... [ ] [ ] [X]
3. Does the project have impacts which are
individually limited but cumulatively considerable?
(A project may impact on two or more separate
resources where the impact on each resource is
relatively small, but where the effect of the total
of those impacts on the environment is significant.) .. ( J [ ] [XJ
4. Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly .......... ( ] ( ] [X]
D. DETERMINATION
On the basis of this Initial Study, it is determined that:
The proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION
❑ILL BE PREPARED. .......................... [ J
Although the proposed'. -project COULD have a significant
effect on the environment -;":there WILL NOT be a
significant effeci"Aniethis`case because the
mitigation measures described in this Initial Study
have been added to the project. A NEGATIVE DECLARATION
WILL BE PREPARED ..................................... [X]
The proposed project MAY have a significant effect on
the environment, and an ENVIRONMENTAL IMPACT REPORT
is required . ......................................... [ ]
1-3q
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LYNN M. HARRIS
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF SANTA CLARITA, CALIFORNIA
Prep re
Fred Follstad. Assistant Planner II_ 11/3/90
( ig ture) (Name/Title) (Date)
ApprovedEa I. By: A. Rich Henderson, Principal Planner 11/9/90
(Signature) (Name/Title) (Date)
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