HomeMy WebLinkAbout1991-01-08 - AGENDA REPORTS - PREZONE ANNEX AND DEVELOPMENT (2)PUBLIC HEARING
DATE: January 8, 1991
AGENDA REPORT
City Manager Approva
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Item to be presented by:
City Manager
SUBJECT: Prezone 90-010 and Annexation and Development Agreement
90-02 located on the northers 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
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 as the site is shown 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;
c. The remainder of the site will also be developed for commercial use;
d. The Price Company will purchase the property for $11.50 per square foot
from First Financial and the City will acquirepublic improvements from
First Financial in the amount equal to $4 per square foot (approximately
$2.7 million);
ContinEd Tc;.�„ 9,,,q Agenda Item:_.
e. Price Company agrees -to lend the City the necessary funds to purchase the
public improvements at a 10 percent interest rate;
f. The financial obligation of the City will be paid entirely from sales tax
revenues generated from the Price Club;
g. The Price Company agrees to stay a minimum of 10 years on that site or pay
to the City any shortfall differential between what the City has collected
in sales tax and 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.
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. The development would consist of five commercial
lots to construct 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
consists of 56 acres and 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 aesthetics 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 aesthetics of the development of the site. The Planning Commission
established traffic conditions for the project to minimize the impacts
associated with the project. The Commission requested that the applicant set
up a meeting between them and the Vista Del Canon Homeowners Association to
mitigate the effects of the development.
Unfortunately, we have not received the signed documents from the applicant;
therefore, we request continuance of this item to January 29, 1991.
ATTACHMENTS
Ordinance 91-3
Planning Commission Staff Report
Resolution No. P90-57
Negative Declaration
Draft Development Agreement
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 Halle
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
• PUBLIC HEARING PROCEDURE •
1. Mayor Opens Hearing
a. States Purpose of Hearing
Z. 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
S. Discussion by Council
9. Council Decision
10. Mayor Announces Decision
• •.
Ordinance No. 91-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
AMENDING THE OFFICIAL ZONING NAP
AND ALLOYING FOR THE CITY TO ENTER INTO AN
ANNESATION/DEVELOPMENT AGREEMENT
(Prezone 90-010 and Annexation/Development Agreement 90-02
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY
ORDAIN AS FOLLOVS
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 Princes'sa 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 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 withthe
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.
b. The recommended zone change will not result in a significant
negative environmental effect.
c. The subject property is of a size and shape vhich lends itself
to the proposed zone.
d. The proposed development is consistent with other properties in
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 is a significant ecological
area.
g. 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..-;.B upon the forgoing, the City Council does
hereby ordain_ that the application for a prezone from Los Angeles
County C-3S'(Unlimited.- Commercial) and GC (General Commercial,
Specific Plan),td City;of-.Santa Clarita C-3 (Unlimited Commercial)
is approved.:-,'•.Ther,zohing�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.
SECTIONS. 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.
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;
1991. PASSED, APPROVED, AND ADOPTED THIS _ DAY OF ,
Carl Boyer, MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) as
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 8th 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:
ABSENTo COUNCILMEMBERS:
is
CITY CLERK
CITY OF SANTA CLARITA
STAFF REPORT
Tentative Tract Map No. 50151
Annexation & Development Agreement 90-02
and Prezone Change 90-004
DATE: December 18, 1990
TO: Chairman Brathwaite and Members of the Planning Commission 1
FROM: Lynn M. Harris, Director of Community Development ✓jn�}
CASE PLANNERS:Don Williams, Associate Planner
Kevin Michel, Associate Planner
Stan Green, Economic Consultant
Fred Follstad, Assistant Planner II
APPLICANT: First Financial Commercial Properties, Mr. Joel Shine
LOCATION: Fronting on the north and south side of Via Princessa, east of
Sierra Highway, west of State Route 14, and adjacent to proposed
State Highway 126.
REQUEST: Prezone approximately 56 acres from LA _County "C-3 and GC" to
City of Santa Clarita "C-38, for purposes of annexation.
Subdivide 39.3 acres of the 56 acresite to create five
commercial lots from four existing lots.
Annexation & development agreement to ensure public improvements
totaling 2.7 million, the operation of a Price Club facility for
a minimum of ten years and annexation to the City.
BACKGROUND:
The westerly 3.4 acres of the proposed subdivison and. the 10.9 existing lot
not within the proposed subdivison, were previously approved by the County of
Los Angeles as a part of Tract 44328 in April of 1990. Upon project and
prezone approval, the entire 56 -acre site will be annexed to the City for
development.
PROTECT
The proposal is to subdivide five existing undeveloped commercial lots,
totaling 56 acres, into six commercial lots. Theapplicant is requesting a
prezone of the site to C-3 (Unlimited -Commercial) to officially recognize the
existing Los Angeles County Zoning. The City has received two plot plan
applications which propose construction of approximately 416,000 square feet
of commercial space on the site. Proposed and potential uses include several
retail buildings containing restaurants, various retail and service commercial
uses and a Price Club. (These applications are under staff review at this
time.) Site topography consists of approximately 20 acres of existing graded
pad, primarily north of Via Princessa, which transitions to steep -slopes
southerly of Via Princessa. On the top of these slopes are existing `
residences in the Sierra Vista tract.
Grading for the proposed private driveways and building pads consists of
approximately 293,000 cubic yards of cut and 207,000 of fill. The remainder
of material (86,000 cubic yards) would be transported off-site to the Canyon
Park project.
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;
c. The remainder of the site will also be developed for commercial use;
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 at a 10 percent interest rate;
f. The financial obligation of the City will be paid entirely from sales tax
revenues generated from the Price Club;
g. The Price Company agrees to stay a minimum of 10 years on that site or pay
to the City any shortfall differential between what the City has collected
in sales tax and 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.
GENERAL PLAN DESIGNATION:
The City of Santa Clarita has not adopted the County general plan, however
these designations are used as a guide in reviewing new project proposals.
The land use designation for the site is Commercial and Specific Plan.. The
preliminary general plan being prepared by the City shows this site as
Community -Commercial. The proposal is consistent with the referenced and
proposed general plans.
/r'�L
ZONING AND SURROUNDING LAND USE:
The subject site is a vacant 42 -acre parcel. The existing zoning for the site
is C-3 (Unlimited -Commercial) on the western 25 acres and C -G (General -
Commercial, Specific Plan) on the remainder of the site. The applicant -is
seeking to prezone the complete site C-3 (Unlimited -Commercial). The
following table sets forth information as it pertains to the project site and
surrounding areas including General Plan categories (Los Angeles County
Santa Clarita Valley Area -wide Plan, and the proposed City of Santa Clarita
General Plan), zoning and existing land uses.
SGV Area -wide Plan
PROJECT Commercial
Specific Plan
Surrounding area
North Manufacturing
Specific Plan
East Specific Plan
South Urban 2
Urban 4
West Commercial
Proposed City Plan
Community Commercial
Residential -Moderate
Community -Commercial
Residential -Moderate
Community -Commercial
Residential -Moderate
Residential -Suburban
Community -Commercial
Zoning
C-3, C -G
Land Use
Vacant
M-1, M-1.5, Freeway, U -haul
R -3-25U Vacant
A-2-1 Vacant, Freeway
RPD -5,000-19.8U Condominiums
A-2-1 Single -Family
C-3 Restaurant
The project site is located in an area of recent and proposed development.
The property adjacent and to the south of the proposal, Vista Del Canon
(Tract 44328), is being developed with 362 multiple -family residential units
on 36 acres. The development to the east, American Beauty's Canyon Park
project (Specific Plan 1), consists of 5,400 residential units on 988 acres,
with additional neighborhood -commercial and public facility sites. The
eastern 35.8 acres of Tract 50151 is part of the Canyon Park Specific Plan,
approved by the County in 1987.
ENVIRONMENTAL STATUS:
State law requires that all "projects" receive an environmental review and
determination. An "Initial Study" (Attachment "A") was prepared for the
complete 56 -acre site and included the possible 416,000 square feet of retail
space. The Initial Study identified possible impacts to the environment and
mitigation measures. Staff made the determination that the project would not
have a significant impact on the environment,and a Negative Declaration was
prepared.
INTER DEPARTMENT/AGENCY REVIEW:
Comments received from the various departments resulted in conditions from
Parks and Recreation, Public Works, Traffic, and the Southern California Gas
Company. The Parks Department required that the applicant install landscaped
medians and slope. planting. The Public Works Department required the
applicant to install dual sewer lines along Via Princessa. The applicant is
requesting to relocate an existing 32 -inch natural gas line to accommodate the
project. The Southern California Gas Company has indicatedthat. the
relocation is possible and will require approximately seven months to complete.
l':5
E
•
At the time this staff report was prepared, the Traffic Engineer had not
finalized the draft conditions for the project. Staff has been assured by the
Traffic Engineer that this information will be available the night of the
public hearing.
ANALYSIS
The scope of this project includes many factors, many of which are new to the
City. They include:
a. The project would generate a large tax base for the City;
b. A large number of jobs would be created by the full development of the
site;
c. This is the first commercial annexation to the City;
d. The site is of a proper size and configuration to accommodate the proposed
subdivision;
e. The topography where development is proposed was previously graded and the
steep hillsides are to remain;
f. The site. is within close. proximity to the freeway which would serve
shoppers coming from the San Fernando and Antelope Valleys;
g. The project would generate a large number of vehicle trips;
h. The Price Club would be built and open to the public prior to the
completion of Whites Canyon/Via Princessa connection;
i. The lots on the western portion of the prezone have approvals from LA
County for retail developments.
j. The site can be viewed form the existing and proposed residences to the
south.
RECOMMENDATION
Due to the incompleteness of the traffic information, Staff recommends that
the Commission take the following actions:
Receive the staff presentation and traffic recommendations;
Open the public hearing and receive testimony; and
Discuss the project and provide direction to staff.
0 0
If the Planning Commission wishs to approve the project, Staff would recommend
the following:
Approve the attached Negative Declaration with the finding that the
proposed project will not have a significant effect on the environment.
Approve Tentative Tract Map No. 50151 based on the required findings and
subject to the attached Conditions.of Approval, with the addition of any
traffic conditions.
Recommend approval of Prezone No. 90-010 and Annexation & Development
Agreement No. 90-002 to the City Council.
Adopt the attached Resolution No. P90-57.
•
CITY OF SANTA CLARITA
I N T E R O F F I C E M E M O R A N D U M
TO: Lynn Harris, Director of Comm ity Development
FROM: Ed Cline, Traffic Engineer
DATE: December 13, 1990
SUBJECT: PROPOSED CANYON PARK SHOPPING CENTERS (PRICE CLUB)
POTENTIAL TRAFFIC IMPACTS
As requested, we have reviewed the traffic impact report for the proposed
retail/commercial. development which would include a Price Club Discount
Store. The final report, dated December 5, 1990, was prepared by Thomas S.
Montgomery and Associates. The project would be constructed on both sides of
Via Princessa between Sierra Highway and State Route 14. The total proposal
includes 297,000 square feet of retail uses (including restaurant) and a
113,100.square foot Price Club discount store.
The report forecasts 21,760 daily trips to be generated by the development of
which 10% (2,180) daily trips would be common to more than one use. That
leaves an estimated 19,580 new one-way trips to the immediate area of the
development. The volume of traffic expected to be generated by the project
during the afternoon peak period is approximately 1,650, vehicles -per hour.
The morning peak is far lighter, representing -an estimated 400 vehicles per
hour.
The roadways analyzed with this study included Via Princessa between Sierra
Highway and State Route 14 as well as Sierra Highway between Via Princessa and
Soledad Canyon Road. The intersections evaluated are shown on Table #1 of the
report (page 7). A copy of this page is attached for your convenience.
The project is assumed to be operational by 1992. Traffic from several other
"known" developments in the area was added to the existing counts to establish
a background condition against which the Canyon Park (Price Club) traffic
could be measured.
With the Canyon Park traffic added to these background conditions, capacity
analyses were conducted.at the five locations evaluated plus several other new
access driveways along Via Princessa. The results of these calculations are
shown in Table 6 of the report. A copy of this Table. is also included for
your convenience.
As ,you can see, there are two intersections that will experience considerable
congestion in 1992 with or without the project. In both cases, the project
adds significant traffic to these already congested locations. This analysis
assumes that the Whites Canyon Road and Via Princessa extension is not in
place. It's currently anticipated that this major improvement would be
operational approximately one year after opening of the Canyon Park project.
0 0
Lynn Harris
Proposed Canyon Park Shopping Centers
December 13, 1990
Page 2
Once the Whites Canyon Road/Via Princessa extension is complete and open to
traffic, considerable improvement to traffic flow can be expected at these
locations.
The projections depicted in Table 6 are considered a "worst case" situation.
The values depicted represent traffic from 15 other "known" projects in the
area and a full build -out of the Canyon Park commercial development., It is
highly unlikely that all of the traffic forecasted would materialize before
completion of Whites Canyon/Via Princessa. Therefore, the impacts depicted in
Table 6 may not be as severe as indicated.
These capacity analyses are predicated on a number of specific roadway
improvements being in place. These improvements should be either conditioned
upon the subject project or programmed for completion by others prior to
occupancy of the Canyon Park commercial center or any of its components.
These improvements are listed below:
Widening on Sierra Highway either side of Via Princessa to achieve 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 #3 - east.
The left turns at Price Club - west and Parcel #3 - 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.
0
Lynn Harris
Proposed Canyon Park Shopping Center
December 13, 1990
Page 3
In order to achieve these lane configurations and accommodate future six lane
capabilities, Via Princessa between Vista Del Canon and the easterly project
limits should be constructed over an 86 foot wide roadway with 8 foot
parkways. Each roadway should be 35 .feet wide. The median should be 16 feet
wide to accommodate the special left turn limited access median openings at
Price Club - west (eastbound), at Parcel 3 -east (eastbound) and at Parcel
4 -east (westbound).
This roadway cross-section will require two feet of additional right-of-way
(102 feet total) from the south side of Via Princessa from approximately Vista
Del Canon to the easterly project limits.
According to the traffic study, traffic signals would be needed on Via
Princessa at the entrance to Parcel 13 (opposite Vista Del Canon) and at the
main Price Club entrance. A signal would also be needed at Sierra Highway and
Via Princessa. The signals at Sierra Highway and Via Princessa and Via
Princessa at the Price Club entrance should be operational when the Price Club
is opened. The signal at Parcel 13 should be completed when a follow-up study
shows that the device is justified based on satisfaction of recognized
warrants. The follow-up study should be a condition of approval of the
project.
A significant issue has emerged with respect to access from Via Princessa to
Parcels 12 and 13 as well as Vista Del Canon. The approved median opening
plan depicts full left turn access into Parcels 12 and 13 and a westbound only
left turn into Vista Del Canon. A similar median configuration has been
approved on Sierra Highway past Parcel 12 and Vista Del Canon.
In our opinion, these access plans, which were approved in conjunction with
Parcel 12 and the residential development served by Vista Del Canon, have some
shortcomings. Namely, the left turn storage length and amount of transition
is shorter than desirable to accommodate the anticipated traffic volumes and
the speed of traffic entering the lanes.
We have discussed various options for alternative left turn access with the
applicant for the subject development and a representative of the Anden Group,
developers of the residential project on Vista Del Canon. These discussions
have not produced an alternative acceptable to all parties. The applicant
believes full left turn access to both Parcels 12 and 13 to be essential to
the success of both commercial developments. The Anden Group believes that
their access is also critical to the success of their residential project. We
believe that the presently approved arrangements are undesirable for the
previously stated reasons.
•
Lynn Harris
Proposed Canyon Park Shopping Centers
December 13, 1990
Page 4
0
With the assistance of the Anden Group representative, we developed a
substantial change in use of Vista Del Canon that would satisfy traffic
demands while improving left -turn access to both Parcels 12 and 13 as well as
the residential project. This plan would involve the creation of a public
cul-de-sac street on each end of Vista Del Canon, approximately 200 feet in
length and 48 feet in width. On Via Princessa, full left -turn access into and
out of Parcel 13 and into and out of Vista Del Canon would be signalized.
Left turn access from Via Princessa to and from Parcel 12 would be
accommodated from an entrance constructed on the Vista Del Canon cul-de-sac.
The presently constructed access on Via Princessa would be limited to right
turns in both directions (ingress and egress).
A similar action would be taken on Sierra Highway. A signal may be required
at Sierra Highway and Vista Del Canon if warranted by a traffic study. The
constructed access on Sierra Highway would also be limited to right turns only.
Under this plan, the remaining portion of Vista Del Canon would become gated.
The gates would be constructed with the street improvements as a part of the
Canyon Park project.
This approach would be acceptable to the Anden Group but would require
approval by the homeowner's association. The Anden Group indicates a
willingness to advance the proposal through their homeowner's association.
If approval of the homeowner's cannot be obtained, an alternate access plan
from Via Princessa would be needed. This alternate plan would be as follows:
Vista Del Canon would retain its currently approved left turn in only for
westbound traffic.
The applicant would have a choice of which Parcel, either 12 or 13, would
retain left turn access. For Parcel 13, left turns in -only for eastbound
would be located as far east of Sierra Highway as possible without
interference with Vista Del Canon. Egress would be restricted to right
turns. For Parcel 12, the currently planned left turn - for westbound
would be acceptable but would be limited to left in -only without left
turn out of Parcel 12 being permitted.
Attachments
EC:gmm
0
RESOLUTION NO. P90-57
CJ
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA CLARITA APPROVING
TENTATIVE TRACT MAP NO. 50151
AND RECOMMENDING APPROVAL OF PREZONE NO. 90-010
AND ANNEXATION & DEVELOPMENT AGREEMENT 90-02
THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY
RESOLVE AS FOLLOWS:
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
b. The division and development of the property 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 extentfeasible, 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
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 CEgA 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 Works, Fire, and Parks and Recreation.
PASSED, APPROVED, AND ADOPTED this 18th day of December 1990.
Jerry Cherrington, Vice Chairman
' Planning Commission
RESO P90-57
P
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:
NOES:
EXCUSED:
Lynn N. Harris, Director
Community Development
RESO P90-57
•
GENERAL CONDITIONS
EXHIBIT B
CONDITIONS OFAPPROVAL
TENTATIVE TRACT MAP 50151
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.
! 9
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.
B. 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.
MW
r
L_
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.
18. The applicant shall design intersections with a tangent section from
"beginning of curb return: (BCR) to BCR.
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.
9 The lane configuration and left turn pockets shall be as shows in the
approved traffic report.
- 2 -
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.
- 3 -
•
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 Works 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/F1ood.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 ''
- 4 -
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:
[ J Via Princessa Bridge and Thoroughfare District
[ j 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.
- 5 -
Conditions ofApproval
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.
9 0
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 AVWA 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 facilities and apparatus 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.
- 7 -
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.
no a
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 13 - 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. Vista Del Canon shall retain its currently approved left turn in only
for westbound traffic.
85. The applicant would have a choice of which Parcel, either.12 or 13,
would retain left turn access. For Parcel 13, left turns in -only for
eastbound would be located as far east of Sierra Highway as possible
without interference with Vista Del Canon. Egress would be restricted
to right turns. For Parcel 12, the currently planned left turn for
westbound would be acceptable but would be limited to left.in-only
without left turn out of Parcel 12 being permitted.
FLF:211
M=
12-18-90 •
MEETING OF THE
CITY OF SANTA CLARITA
PLANNING COMMISSION
TUESDAY
December 18, 1990
7:08 p.m.
CALL TO ORDER The meeting of the Planning Commission was called to
order by Vice Chairman Cherrington, at 7:08 p.m., in
the Council Chambers at 23920 Valencia Boulevard,
Santa Clarita, California.
FLAG SALUTE Commissioner Garasi led the Pledge of Allegiance to
the flag of the United States of America.
ROLL CALL The Secretary called the roll. Those present were
Commissioners Modugno, Garasi, Woodrow, and Vice
Chairman Cherrington.
Chairman Brathwaite was absent from the meeting.
Also present were Assistant City Attorney Tim McOsker,
Community Development Director Lynn Harris, Principal
Planner Chris Trinkley, Associate Planner
Don Williams, Associate Planner Kevin Michel,
Assistant Planner Fred Follstad, Parks and Recreation
Director Jeff Kolin, Traffic Engineer Ed Cline, Office
Manager Dick Kopecky, Assistant City Manager
Ken Pulskamp, and Commission Secretary Lucy.Furrows.
APPROVAL OF MINUTES It was moved by Vice Chairman Cherrington and seconded
by Commissioner Garasi to approve the December 4, 1990
Planning Commission minutes. On roll call vote:
Ayes: Modugno, Garasi, Woodrow, and
Vice Chairman Cherrington
Noes: None
Absent: Brathwaite
ITEM NO. 1 Community Development Director Harris reported
CONTINUED PUBLIC that the item was published and posted in accordance
HEARING ON TENTATIVE with the law, and therefore the 'Public Hearing was in
TRACT MAP NO. 50151, order.
ANNEXATION AND
DEVELOPMENT AGREEMENT Assistant City -Manager Pulskamp presented the report
NO. 90-02 & PREZONE to the Commission stating that this item was continued
CHANGE N0. 90-004 from the December 4, 1990 meeting and expressed his
pleasure for the opportunity to present to the
Commission a project that would bring a Price Club
store to the City.
12-18-90 Page 2
ITEM N0. 1 Mr. Pulskamp stated that the applicant is proposing to
(Continued) prezone approximately 56 acres from Los Angeles County
"C-3 and CG" to City of Santa Clarita "C-30, for
purposes of annexation; to subdivide 39.3 acres of the
56 -acre .site to create five commercial lots from four
existing lots; to approve the annexation and
development agreement to ensure public improvements
totalling 2.7 million and to guarantee a revenue
stream from the Price Club.
Assistant Planner Fred Follstad gave a slide
presentation on the proposed project outlining the
surrounding area and densities of the project.
Traffic Engineer Ed Cline discussed various traffic
components not currently listed in the Staff Report
outlined in a memo dated December 13, 1990.
Consultant Stan Green addressed the Commission
highlighting various aspects of the draft agreement
for the Price Club that would be beneficial to the
City.
With the conclusion of the Staff Report, Vice Chairman
Cherrington opened the Public Hearing at 7:17 p.m.
The following proponents addressing the Commission
were: Jack Shine, 16830 Ventura Boulevard, Encino;
Allan Cameron, 297612 Ennismore Avenue,
Santa Clarita. They commented on the alignment of
Via Princessa and thanked the Commission for their
efforts that went into the project.
The following opponents addressing the Commission
were: Michael Humburger, 18860 West Vista Del Canon,
Newhall; Thomas Vice, 18804 West Vista Del Canon,
Newhall; Jack Ancona, 29552 Abelia, Canyon Country.
They were in opposition with the following concerns:
Revenue that City would gain, traffic congestion,
depreciation of property values and the proposed
design of Via Princessa.
Those persons addressing the Commission for rebuttal
were: Jack Shine, 16830 Ventura Boulevard, Encino,
Mr. Shine addressed concerns brought up- by the
opponents.
Vice Chairman Cherrington closed the Public Hearing at
7:23 p.m.
A discussion ensued among commissioners regarding the
regeneration of tax dollars, potential traffic
problems, building design, signage restraints and
landscaping.
12-18-90 Page 3
ITEM NO. 1 It was moved by Garasi and seconded by Modugno to
(Continued) approve the Negative Declaration; to recommend
approval of Tentative Tract Map No. 50151, Prezone
Case No. 90-010 and Annexation & Development Agreement
No. 90-02 to the City- Council; adopt Resolution
No. P90-57; to ensure that Mr. Shine meet with the
homeowners. in the adjacent tracts before the project
goes to Council; that the Commission create a
subcommittee of two commissioners and Planning staff
to discuss aesthetics and compatibility of the final
design of the Price Club; that the traffic department
prepare additional traffic analysis in regards to
Highway 126, and to grant authority to the City
Manager and City Attorney to make final text changes
nonsubstantive and minor in nature to the development
agreement. On roll call vote:
Ayes: Modugno,.Garasi, Woodrow, and
Vice Chairman Cherrington
Noes: None
Absent: Brathwaite
P*@9r0:k 633
PREZONE CASE Community Development Director Harris reported
CASE NO. 90-011 that the item was published and posted in accordance
with the law, and therefore the Public Hearing was in
order.
Assistant Planner David Hogan presented the report to
the Commission stating that the City is requesting -to
prezone from existing Los Angeles County .zoning
RPD -5,000-19.8 units per acre to the City of
Santa Clarita to RPD -5,000-19.8 units per acre for the
purposes of the annexation of 18.9 acres to the City
of Santa Clarita. Located east and north of the
existing City limits, south of Sierra Highway,
Vista Del Canon and Via Princessa.
With the conclusion of the Staff Report, Vice Chairman
Cherrington opened the Public Hearing at 8:45 p.m.
There were no proponents addressing the Commission at
this time.
The following opponents addressing the Commission
were: Michael Humburger, 18860 West Vista Del- Canon,
Newhall; Thomas Vice, 18804 West Vista Del Canon,
Newhall. They were concerned with the potential
placement of a car dealership and an industrial park.
Vice Chairman Cherrington explained this action would
not allow any changes to the current residential use
when the property becomes annexed to the City.
0 0
12-18-90 Page 4
ITEM NO. 2 Vice Chairman Cherrington closed the Public Hearing at
(Continued) 8:51 p.m.
It was moved by Modugno and seconded by Woodrow to
approve the Negative Declaration and recommend
approval of Prezone. Case No. 90-011 to the City
Council and adopt, draft Resolution No. P90-58. On
roll call vote:
Ayes: Modugno, Garasi, Woodrow, and
Vice Chairman Cherrington
Noes: None
Absent: Brathwaite
RECESS Vice Chairman Cherrington called a recess at 8:52 p.m:
RECONVENE Vice Chairman Cherrington reconvened the meeting at
9:06 p.m.
ITEM NO. 3
PLOT PLAN NO. 90-072 - Community Development Director Harris addressed the
APPEAL OF DIRECTOR'S Commission stating that an appeal was filed on
DECISION approved Plot Plan No. 90-072 (allowing for the
construction of a six -story (104' in height),
103,488 square foot office building and a two-level,
46,948 square foot parking structure on a 4.42 acre
parcel), located on the west side of Tourney Road,
approximately 1,100 feet north of. Valencia Boulevard,
within the Valencia Corporate Center. She explained
the environmental procedure that had been used in
reviewing the project and outlined several alternative
actions the Commission would take.
Traffic Engineer Ed Cline addressed the Commission
outlining several concerns the traffic department has
regarding the generation of traffic, development
intensity, Tourney Road as a secondary access, and the
access point by the Ranch House. He indicated a need
to reevaluate the project on a cumulative basis should
the Commission so wish in order to better determine if
adequate mitigation had been applied to the project.
Parks and Recreation Director Jeff Kolin discussed two
of the conditions outlined in the project: The first
relating to the requirement to participate in a
childcare funding mechanism' and secondly the
requirement to provide seating and picnic tables for
employees occupying the building. He submitted
written comments outlining City Council policy
direction to consider child ^ care impacts in new
projects and provided data on what other cities do.
12-18-90 Page 5
ITEM NO. 3 Discussion ensued among the Commissioners regarding
(Continued) air quality issues, six -story building as precedent
setter, height limitation, traffic problems,
aesthetics, reanalyzation of the charges that were
computed as 25 cents per square foot, and infant care.
The following persons spoke on this issue:
Steve Saxon, 9850 Bianca Avenue, Northridge;
Michael Aroner, 10456 Garden Grove, Northridge. They
commented on the time line for plot plan approval,
need for a clear policy, traffic problems, application
of equality and potential impact and liability
problems.
Community Development Director Harris commented on the
receipt of application for plot plan approval, 30 day
determination of completion, request for traffic
analysis, receipt of plot plan corrections,
subdivision conditions, and policy of City Council for
potential recreational needs to be outside work force.
Assistant City Attorney McOsker addressed concerns of
the Commission outlining various options available to
the Commission regarding the proposed appeal.
Mr. McOsker.also stated Community Development Director
Harris administratively rescinded the earlier approval
of the project in order that the Commission could
review the overall application and environmental
documents.
It was moved by Modugno and seconded by Garasi to
declare the Initial Studyinadequate for purposes of
conducting a review of the project and directed staff
to amend the Initial Study, prepare a focused report
specifically in the areas of traffic, aesthetics,
cumulative analysis, air quality, therefore continuing
the appeal to a Public Hearing to a date uncertain.
On roll call voter
Ayes: Modugno,.Garasi, Woodrow, and
Vice Chairman Cherrington
Noes: None
Absent: Brathwaite
ITEM NO. 4
PLOT PLAN NO. 90-111 Community Development Director Harris presented the
APPEAL OF DIRECTOR'S report to the Commission stating that the applicant is
DECISION requesting to appeal the denial of the request for a
two-sided pylon sign, 15 feet in height and 40.square
feet in sign area per each sign face, located at
24229 North San Fernando Road, at the southwest corner
of San Fernando Road and 6th Street. Ms. Harris gave
a slide presentation.
0
12-18-90
Page 6
ITEM NO. 4 The following person spoke on this , issue:
(Continued) Robert Benz, no address provided. He commented on the
legality of existing sign, legality of surrounding
signs, difficulty of mounting a wall sign, and
visibility of monument sign.
It was moved by Modugno and seconded by Woodrow after
a brief discussion that the Commission deny the appeal
and uphold the Director's decision due to the
project's deficiencies. On roll call vote:
Ayes: Modugno, Garasi, Woodrow, and
Vice Chairman Cherrington
Noes: None
Absent: Brathwaite
ITEM NO. 5
GENERAL PLAN Community Development Director Harris addressed the
REVIEW Commission introducing the draft Air quality, Safety
and Noise Elements of the General Plan.
It was moved by Cherrington and seconded by Woodrow to
set a Public Hearing for January 3, 1991 and that this
issue be the first item on the agenda. On roll call
vote:
Ayes: Modugno, Garasi, Woodrow, and
Vice Chairman Cherrington
Noes: None
Absent: Brathwaite
104*,1014116MAF
ANNOUNCEMENTS Community Development Director Harris announced a
scheduled Study Session for review of the draft
Ridgeline Preservation and Hillside Development
Ordinance and Guidelines for December 19, 1990.
PUBLIC BUSINESS
FROM THE FLOOR Allan Cameron expressed his appreciation to staff and
the Commission for doing a fine job as an entity.
12-18-90 Page 7
ADJOURNMENT It was moved by Modugno and seconded by Garasi to
adjourn the meeting at 10:59 p.m. to the scheduled
Study Session on December 19, 1990 at 7 p.m.. On roll
call vote:
Ayes: Modugno, Garasi, Woodrow, and
Vice Chairman Cherrington
Noes: None
Absent: Brathwaite
LOUIS BRATHWAITE, Chairman
Planning Commission
ATTEST:
LYNN M. HARRIS
Director of Community Development
City of Santa Clarita
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1
NEWHALL 11-22-1990
TO: CITY OF SANTA CLARITA
FROM: W.A. 2 M. CLERX, HOMEOWNER IN ANDEN DEVELOPMENT
18804 H. VISTA DEL CANON NEWHALL CA 91321'
REF: APPLICATION VESTING MAP 50151, ANNEX. AND DEV.
l AGREEMENT 90-2, AND PREZONE 90-010.
DEAR MEMBERS OF THE PLANNING COMMISSION,
IN YOUR 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 LAND IN QUESTION IS LOCATED RIGHT IN FRONT OF THE
ANDEN CONDOMINIUMS AND A SIZEABLE DISTANCE BELOW THE STREET THAT -
j 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? WE ARE CERTAIN -
THE MEMBERS OF THE COMMISSION WOULDN'T! INHERENTLY THE VALUE OF
OUR INVESTMENT WILL SUFFER. THE ITEMS 2a,2b,6a,7,8a,10a,10b,10d,
a"YES" ON 12a,14b,16a,16b AND THE POSITIVE ANSWER,ON ALL THREE
QUESTIONS OF ITEM 18 IN THE NEGATIVE DECLARATION CONCUR WITH OUR
OPINION THAT THE PROPOSED PROJECT IN ITS PRESENT FORM COULD HAVE
A NEGATIVE IMPACT ON AIR QUALITY, NOISE, HEALTH AND VIEW OF THE
r NEIGBOURING COMMUNITY TO THE SOUTH.
THEREFORE, UNLESS SAFEGUARDS ARE INCORPORATED RIGHT NOW INTO THE
PROPOSED ZCNING 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 WE HEREBY REGISTER
OBJECTION AGAINST ALLOWING THIS SUBDIVISION AND THE PREZONE OF
THE SITE TO C-3.
SINCERELY,
P.S. FOR DISCUSSION WE WOULD PUT FORWARD THAT ANY BUILDING PERMIT
ON THE SITE IN FRONT OF THE.ANDEN DEVELOPMENT WOULD ALSO BE
SUBJECT TO APPROVAL OF THE HOMEOWNERS ASSOCIATION OF THAT �
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 Properties,
Price Club
TYPE OF PERMIT: Tentative Tract May, Prezone
Annexation/Development Agreement
FILE NO.: TTM 50151, D/A Agreement 90-02 and PZ 90-010
Project Location:. North and south of Via Princessa, between Sierra Hwy
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 square 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
[X] are not attached
Form completed by:
� ( nature)
Fred Follstad, Assistant Planner II
(Name and Title)
Date of Public Notice: November 13. 1990
[X] Legal advertisement.
[X]Posting of properties.
[X] Vritten notice.
•;
ENVIRONMENTAL ASSESSMENT
(Initial Study Form B)
CITY OF SANTA CLARITA
A/D Agreement 90-02?��,y
Plot Plan 90-098
Plot Plan 90-099 �, t 4.
TTM 50151,
CASE NO. PZ 90-010 Prepared by: Fred Follstad
Project Location: North and south of Via Princessa, between Sierra Hwv
and State Highway 14. adiacent to future State Hiehwav 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 "CO (Commercial) and "SP -1" (Specific Plan)
Zoning: "C-3" (Unlimited Commercial) and "General Commercial"
Applicant: First Financial Commercial Properties, Price Club
Environmental Constraint Areas: Fire Zone 4. 60 CNEL Zone
A. ENVIRONMENTAL EFFECTS
YES MAYBE NO
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes
in geologic substructures? .................. [ ] [ ] [X]
b. Disruptions, displacements, compaction
or overcovering of the soil? ............... [X] [ ] [ ]
C. Change in topography or ground surface
relief features? ........................... [X] [ ] [ ]
d. The destruction, covering or modification
of any unique geologic or physical
features? .................................. I ] [ ] [X]
e. Any increase in wind or water erosion of
soils, either on or off the site? .......... [ ] [ ] [X]
f. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides; ground failure, or similar
hazards? ................................... [X] [ ] [ ]
g. Changes in deposition, erosion or
siltation? ................................. [ ] [ ] [X]
h. Other modification of a wash, channel,
creek, or river? ........................... [ ] [ ] [X]
2.
3
- 2 -
YES MAYBE
NO
i.
Earth movement (cut and/or fill)'of 10,000
cubic yards or more? .......................
[X] L l
L ]
J.
Development and/or grading on a.slope
greater than 25Z natural grade? ............
[ ] [ ]
[X]
k.
Development within the Alquist-Priolo
Special Studies Zone? ......................
[ ] [ ]
(XJ
1.
Other?
[ ] [ ]
[ J
Air.
Will the proposal result in:
a.
Substantial air emissions or deterioration
of ambient air quality? ....................
[X] [ ]
( ]
b.
The creation of objectionable odors? .......
[XJ [ J
[ J
C.
Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally? ..............
[ ] I ]
[X]
d.
Development within a high wind hazard
area? ......................................
[ ] [ ]
LX]
e.
Other?
[ ] [ ]
[ ]
Water. Will the proposal result in:
a.
Changes in absorption rates, drainage
patterns, or the rate and amount of
surface runoff? ............................
[X] I l
I l
b.
Alterations to the course or flow of
flood waters? ..............................
L J L ]
LX]
C.
Change in the amount of surface water
in any water body? .........................
( ] [ J
(XJ
d.
Discharge into surface waters, or in any
alteration of surface water quality, in-
cluding but -not limited to temperature,
dissolved oxygen or turbidity? .............
[ ] [ ]
[XJ
e.
Alteration of the direction or rate of
flow of ground waters? .....................
[ J [ ]
[X]
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? ............
[ ] [ ]
[X]
g.
Substantial reduction in the amount of
'(
water otherwise available for public
water supplies? ............................
[ ] L ]
[X]
W)
- 3 -
is
7.
8.
C. Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals? ...... [ ] [ l [XI
d. Deterioration to existing fish or wildlife
habitat and/or migratory routes? ........... [ ] [ l [X1
Noise. Will the proposal result in:
a. Increases in existing noise levels? ........ [X] [ ] [ ]
b. Exposure of people to severe or
unacceptable noise levels? ................. [ ] [ ] [X]
c. Exposure of people to.severe vibrations? ... [ ] [ J [X]
Light and Glare. Will the proposal produce
substantial new light or glare? .................. [X] [ ] ( ]
Land Use. Will the proposal result in:
a. Substantial alteration of the present
land use of an area?' [X] [ l � [ I
b. A substantial alteration of the
planned land use of an area? ............... [ ] [ I [X]
YES MAYBE NO
h.
Exposure .of people or property to water
related hazards such as flooding? ..........
[ ] [ I [X]
i.
Other? Development within 50 yr floodplain
[ I [ I [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)?
[Xl [ I [ I
b.
Reduction of the numbers of any unique,
rare or endangered species of plants? ......
[ ] [ ] [X]
C.
Introduction of new species of plants into
an area, or in a barrier to the normal re-
plenishment of existing species? ...........
[X] [ ] [ I
d.
Reduction in acreage of any agricultural
crop? ......................................
[ 1 [ 1 [XI
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] [ I [ ]
b.
Reduction of the numbers of any unique,
rare or endangered species of animals? .....
[ 1 [ ] [X]
7.
8.
C. Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals? ...... [ ] [ l [XI
d. Deterioration to existing fish or wildlife
habitat and/or migratory routes? ........... [ ] [ l [X1
Noise. Will the proposal result in:
a. Increases in existing noise levels? ........ [X] [ ] [ ]
b. Exposure of people to severe or
unacceptable noise levels? ................. [ ] [ ] [X]
c. Exposure of people to.severe vibrations? ... [ ] [ J [X]
Light and Glare. Will the proposal produce
substantial new light or glare? .................. [X] [ ] ( ]
Land Use. Will the proposal result in:
a. Substantial alteration of the present
land use of an area?' [X] [ l � [ I
b. A substantial alteration of the
planned land use of an area? ............... [ ] [ I [X]
s a
4 -
YES MAYBE NO
C. A use that does not adhere to existing
zoning laws? ............................... L l [ l [Xl
d. A use that does not adhere to established
development criteria? ...................... [ ] LI [X]
9. Natural Resources. Vill the proposal result in:
a. Increase in the rate of use of any natural
resources? .................................. [ ] I l [Xl
b.
Substantial depletion of any nonrenewable
natural resources? .........................
[ ] [
] [X]
10. Risk
of Upset/Man-Made Hazards. Will the proposal:
a.
Involve a risk of an explosion or the release
of hazardous substances (including, but nob
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions? ..........................
[X] [
] [ ]
b.
Use, store, transport or dispose of hazard-
ous or toxic materials (including, but not
limited to, oil, pesticides, chemicals or
radiation)7..................... :...........
[X] I
] I l
C.
Possible interference with an emergency
response plan or an emergency evacuation
plan? ......................................
[ ] [
] [X]
d.
otherwise expose people to potential safety
hazards? ....................................
[X] [
] I l
11. Population. Will the proposal:
a.
Alter the location, distribution,
density, or growth rate of the human
population of an area? .....................
[ ] (
] [X]
b.
Other?
[ ] [
] [X]
12. Housing. Will the proposal:
a. Remove or otherwise affect existing
housing, or create a demand for
additional housing? ........................ [ ] [ ] [X]
b. Other? [ ] I ] [ ]
13. Transportation/Circulation. Will the proposal
result in:
a. Generation of substantial additional r _Xe
vehicular movement? [X] [ ] [ ]
- 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] [ J
[ ]
d.
Alterations to present patterns of
circulation or movement of people
and/or goods? ..............................
[X] [ J
[ ]
e.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians? .......
[ ] [ ]
[X]
f.
A disjointed pattern of roadway
improvements? ..............................
[ ] I ]
[X]
14. PublicServices. 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? .........................
[ ] [ ]
[X]
C.'
Schools? ...................................
[ ] I ]
LX]
d.
Parks or other recreational.facilities? ....
[ ] [ ]
[X]
e.
Maintenance of public facilities,
including roads? ...........................
L ] L J
[X]
f.
other governmental services? ...............
[ ] [ ]
[X]
15. Energy. Will the proposal result in?
a.
Use of substantial amounts of fuel or
energy . ....................................
[X] [ ]
[ I
b.
Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of energy?
[ ] [ ]
[X]
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 J
b.
Communications systems? ....................
[ ] [ ]
[X]
C.
Water systems? .............................
I l - [ ]
IX]
d.
Sanitary sewer systems? ....................
[ ] [ ]
[X]
e.
Storm drainage systems? .....................
[ ] I ]
[X]
W?
0')
YES MAYBE NO
f. Solid waste and disposal systems7 .......... ( ] [ ] (X]
g. Will the proposal result in a disjointed
or inefficient pattern of delivery system
improvements for any of the above? ......... [ ] [ ] [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? .................................. . [ ] [ ] [X]
18. Aesthetics. Will the proposal result in:
a. The obstruction of any scenic vista or
view open to the public? ................... [X] [ ] ( ]
b. Will the proposal result in the creation
of an aesthetically offensive site
open to public view7 ....................... [X] [ ] [ ]
C. Will the visual impact of the proposal
be detrimental to the.surrounding area7 .... [X] [ ] [ 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 proposal have the potential to
cause a physical change which would affect
unique ethnic cultural values? ............. [ ] [ ] [X]
d. Will the proposal restrict existing
religious or sacred uses within the
potential impact area? ..................... [ ] [ ] .[X]
4
W
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 soils engineer which
states that soils 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 75Z 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
Areawide 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).
1.i. See l.b.
l.j. The.applicant is proposing some grading within slopes over 25Z 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).
/ -a9
• •)
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 Works 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 site is.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 —30
anticipated (Community Development).
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 the construction phase. These impacts
would cease upon completion of construction. Compliance with all
City Codes 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. This 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). 1-31
• 1 0;
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/Whites
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 with
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 2
provide street trees, and a landscape plan to the
satisfaction of the Community Development Department and the
Parks.and Recreation Department (Parks and Recreation).
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 Works. 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 known cultural resources have been identified, or are
expected to occur, on the site (Community
d. Development).
1--b3
e) .'
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 [ J [X]
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.) .. [ ] [ ] [X]
4. Does the project have environmental effects
which will cause substantial adverseeffects on
human beings, either directly or indirectly .......... [ ] [ ] [X]
D.
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
PILL BE PREPARED . .................................... ( ]
Although the proposed project COULD have a significant
effect on the environment, there RILL NOT be a
significant effect in this 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
isrequired . ......................................... [ ]
j -3q
wi
- 10 -
LYNN M. HARRIS
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF SANTA CLARITA, CALIFORNIA
a
Prep re y:
Fred Follstad. Assistant Planner II 11/3/90
( ig ture) (Name/Title) (Date)
Approved By:
Rich Henderson, Principal Planner 11/9/90
(Signature) (Name/Title) (Date)
VICINITY MAP
TTM 50151
PA..90-02
P2 80-010
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Recording Requested By
and When Recorded Return to:
CITY CLERK
CITY OF SANTA CLARITA
23920 Valencia Boulevard
Suite 300
Santa Clarita, California 91355
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6
ANNEXATION AND PUBLIC IMPROVEMENT AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA CLARITA
CP SHOPPING CENTER PARTNERS, AND
THE PRICE COMPANY, RELATIVE TO THE
ANNEXATION AND DEVELOPMENT OF
CERTAIN COMMERCIAL PROPERTIES
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES'HERETO
PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5
%-J
ANNEXATION AND PUBLIC IMPROVEMENT AGREEMENT
This Annexation and Development Agreement (the
"Agreement") is made this _ day of 1990, by
and between the City of Santa Clarita, a municipal
corporation, organized and existing under the general laws
of the State of California (the "City"), CP Shopping Center
Partners, a California limited partnership (the "Property
Owner"), and the Price Company, a California corporation
(the "Developer").
RECITALS
A. The City is authorized pursuant to Government
Code Sections 65864 through 65869.5 (the "Government Code")
to enter into binding agreements with persons or entities
having legal or equitable interest in real property for the
development.of such property in order to establish certainty
in the development process 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 Clarita Code.
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 acres and is generally
located in an unincorporated area of the County and within
the southwest portion of the City's planning area.
C. The Developer has entered 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 acres, is generally depicted in Exhibit A
to this Agreement, and is specifically described in
Exhibit C to this Agreement. The Site Plan, including
architectural features and elevations for the Price Club,
which will be developed on the Price Club Parcel, is
described in Exhibit D to This.Agreement. The portion of
WPX/DCH/AGR610163Z
the Project Site that will not be conveyed to the Developer
will be referred to as the "Commercial Site."
D. The Property Owner desires to develop the
Commercial Site with various commercial retail 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 Code 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 hearing and considering all appropriate
documentation and.circumstances, the Planning Commission of
the City adopted its Resolution No. recommending
approval, execution, and delivery of this Agreement.
G. On , 1990, at a public
meeting -and -after considering all appropriate.documentation
and circumstances, the City Council of the City adopted its
Resolution No. , initiating annexation
proceedings for the Project Site (the "Annexation"). On
, 1990, after conducting a duly noticed
public hearing and considering all appropriate
documentation, the City Council of the City held a public
hearing on this Agreement and, on , 1990,
the City Council of the City adopted Ordinance No.
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. The Property Owner.and Developer further
desire that they not be required to construct public
improvements or make dedications or financial contributions
-2- /
WPX/DCH/AGR610163Z
0 0
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
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, et 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 termsand
conditions of this Agreement have been found by the City to
be fair, just, and reasonable, and prompted by the
necessities of the situation so as to provide 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
facilities, infrastructure and services appropriate for the
development of the Project Site, including the Price Club
Parcel; help maximize effective utilization of resources
within the City; increase City tax revenues by the
development of the Projects; and provide other public
benefits to the City and its residents by otherwise
achieving the goals and purposes of the Government Code and
the Santa Clarita Code.
-3-
WPX/DCH/AGR610163Z —40
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
Project Site, eliminate uncertainty about the validity of
exactions imposed by the City, allow installation of
necessary improvements, provide for public services
appropriate to the development of the Project Site, and
-4- /,
WPX/DCH/AGR610163Z / _ 7
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 vest in the
Developer, to the fullest extent possible under the law, all
possible Discretionary Approvals in order to complete the
Price Club and provide the Property Owner reasonable
assurances that the Property Owner will be allowed to
complete the Commercial Site Project in light of the
tentative and preliminary nature of such 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 consistent with the
tentative and preliminary plans and (2) commence
developmental construction of the Commercial Site Project,
as maybe 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 and the
Developer agree as follows:
1. Definitions. In this Agreement, unless the
context otherwise requires:
(a) "Allocated Tax Revenues" means seventy
(70%) percent of Sales Tax Revenues generated from
the Price Club Parcel.
-5-
WPX/DCH/AGR610163Z /, qa'
0 0
(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, zoning, set
backs, density, permitted uses, growth management,
environmental consideration, and design criteria
applicable to the Project; -provided, however, that
the term "Applicable Rules" shall include any
improvement and construction standards, 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.
(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 retail 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 plan or plans for the Commercial Site which
will be prepared, reviewed, and approved pursuant
to Section 7 of this Agreement
(h) "Council" means the City Council of the
City.
(i) "Debt Service Payment" means each and
every annual payment required to be made by the
City under Section 9 of this Agreement in repayment
of principal and interest on the City Note.
(j) "Developer" means the Price Company, a
California corporation.
(k) "Discretionary Actions; Discretionary
Approval" is an action which requires the exercise
-6-
WPX/DCH/AGR610163Z / — q3
0 0
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" is 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 Final Subdivision or
Parcel Map that is recorded in order to accommodate
the conveyance of the Price Club Parcel to the
Developer.
(o) "Government Code" means Government Code
Sections 65867 through 65869.5, inclusive.
(p) "Loan" means the loan from the Developer
to City described in, Section 10 by this Agreement.
(q) "Loan Period" means a period of thirty
(30) Note Years or until the Loan has been paid in
full, whichever event occurs first.
(r) "Mortgage" means a mortgage, deed of
trust, sale and leaseback arrangement or other
transaction in which the Project Site, or a portion
-7-
WPX/DCH/AGR610163Z ��i/�
thereof or interest therein, is pledged as
security.
(s) "Mortgagee" means the holder of a
beneficial interest under a Mortgage.
(t) "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.
(u) "Parties" means the parties to this
Agreement.
(v) "Payment Date" means the last day of each
month of each Note Year.
(w) "Price Club" means the commercial retail
and wholesale facility which the Developer proposes
to develop on the Price Club Parcel.
(x) "Price Club Parcel" means a portion of
the Project Site, as shown on Exhibit A and
described in Recital C to this Agreement.
(y) "Price Club Site Plan" means the site
plan, elevations, conceptual grading plan, and
landscaping plan as shown on Exhibit D to this
Agreement.
(z) "Projects" means the Price Club and the
Commercial Site Project.
(aa) "Project Approvals" means 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 plan amendments, zone changes,
zone variances, conditional use permits, lot line
adjustments, encroachment permits, site plan
approvals, vesting parcel maps, vesting tentative
-8-
WPX/DCH/AGR610163Z /_(�s
subdivision maps, subdivision improvement
agreements and street vacations that will
accomplish the goals; objectives, policies and
plans referenced, described, and shown in the
approved Site Plan for the Price Club, the Site
Plan -as may be approved by the City for the
Commercial Site Project, and this Agreement.
(ab) "Project Site" means the real property
shown on Exhibit A and described in Recital B to
this Agreement.
(ac) "Property Owner" means CP Shopping
Center Partners, a California limited partnership.
(ad) "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 Cityor 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.
(ae) "Purchase Agreement" means the Agreement
of Purchase and Sale and Escrow Instructions
between the Property Owner and Developer to
purchase the Price Club Parcel.
(af) "Reimbursement Amount" means the total
amount the City will pay to the Property Owner in
order to reimburse the Property Owner for the
Property Owner's actual costs in constructing and
installing the Public Improvements. The
Reimbursement Amount will equal $
(ag) "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.
-9-
WPX/DCH/AGR610163Z
llq(Q
0
(ah) "Santa Clarita Code" means Part 4 of
Chapter 22.16 of the Santa Clarita Municipal Code.
(ai) "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
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 Agency. The Parties acknowledge
that, in entering into and performing this Agreement, each
is acting as an independent entity and not as an agent of
the other in any respect. Nothing contained herein or in
any document executed in connection herewith shall be
construed as making the City, Property Owner, and Developer
joint venturers or partners.
5. 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-1" ("Public Improvement Drawings") and shall be deemed a
part of this Agreement. The Public Improvement Drawings
shall be prepared in accordance with the standard
specifications 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
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construct, install, and complete all of 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 to develop the Price Club
Parcel and construct the Price Club 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 and Developer agree that with the
approval and.execution of this Agreement, no further Project
Approvals are necessary for the Developer to develop the
Price Club pursuant to the provisions of this Agreement.
Except to the extent expressly provided in 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 Site. 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 Drawings. 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
elevations and depict and/or describe architectural
features, 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.
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(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.City's Building Department to obtain a building
permit. Final Construction Drawings are those
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) Review 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 be entitled to divide
and subdivide the Commercial Site into separate,
individual and distinct parcels and lots for sale
to third parties, in accordance with the Applicable
Rules, and in a manner consistent with the
Commercial Site Site Plan.
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(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
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 on the 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.
8. Agreement and.Assurance on the Part of the
Property Owner 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.
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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 within five months of the Effective
Date or within such reasonable extension thereof as
may be granted by the City.
(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 set 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 items set forth
in Paragraph (b) of this Section 8.
(d) Forgiveness of Loan. In the event the
Developer does not open or ceases to continue to
operate a Price Club on the. Price Club Parcel, any
unpaid balance of the Loan, including all accrued
and unpaid interest, if any, shall be deemed fully
paid and any obligations of the City on the City
Note (as described in Section 9 of this Agreement)
shall be deemed forgiven.
(e) Covenant Not To Compete. Developer
agrees not to construct, operate,.or maintain a
Price Club or similar facility anywhere within the
Santa Clarita Valley, as such area is depicted in
Exhibit 11_" to this Agreement, during the period
of the Loan, or ten (10) years from the date on
which the Price Club is first opened tothe public,
whichever event occurs last, unless such Price Club
or similar facility is constructed, operated, and
maintained within the corporate limits of the City.
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
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Club Parcel consistent with the provisions of this
Agreement and the Applicable Rules.
(b) Project Approvals for the Commercial site
Project. The City is bound with respect to the
density and intensity of use, 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 set
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 processing 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.
(c) Imposition of Exactions, Dedications,
Assessments, Fees, 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.
(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
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certificates, or other required permits for the
construction, use, and occupancy of the Price
Club. The 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 Site 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
plans necessary for the development 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, in a timely manner, provide the City with all
documents, plans, and other information necessary
for the City to carry out its obligations under
this Agreement.
(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. The
Property Owner has certified to the City that the
improvements designated as completed in Exhibit E
to this Agreement have been completed and/or paid
in full and the City Engineer.has.inspected said
improvements and has verified that said
improvements have been completed and/or pais) for in
accordance with the relevant plans and
specifications. Upon the close of escrow pursuant
to the Purchase Agreement, the City shall pay to
the Property Owner the amount of in
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/-53
full payment for such portion of the Public
Improvements. Upon the issuance of a building
permit for the Price Club, the City shall pay to
the Property Owner, or pay on behalf of the
Property Owner, the amount of 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, or paid for in full.
(g) Easements 4 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 be 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) Existing 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
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 City with
respect to the Projects, and the design, density,
grading, construction, remodeling, use or
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occupancy, and schedule of development of the
Projects.
(i) Subsequent "Slow/No Growth" Measures.
Consistent with the provisions of.this Agreement,
the City agrees that to the extent.legally
permissible 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. Notwithstanding any
such measures, the mitigation measures required for
the Projects are limited to those established by
this Agreement.
(j) Federal, 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
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 Reimbursement Amount. The Developer will
advance to the City, at the close of escrow
pursuant to the Purchase Agreement and at such
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times 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.
(b) City Note. The City shall execute and
deliver the City Note to the Developer, in the form
attached to this Agreement as Exhibit _, prior to
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 Reimbursement
Amount. All amounts when charged or chargeable as
principal of the City Note shall accrue interest at
the rate of 10 percent per annum, compounded
annually based upon a 360 day year, actual days
elapsed. 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 City's obligations under the Note shall
not exceed the amount of Allocated Tax Revenues.
(c) Note Payment. Provided the Developer has
completed and 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 "Loan Period").
In 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.
11. Obligation of City Arising From Agreement.
Neither the General Fund, nor any other fund or moneys of
the City, except in an amount equal to the Allocated Tax
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0 •
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. Neither the
Developer nor the Property owner shall compel the exercise
of the Cityfs 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
totheextent 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 Compliance. 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. Dispute Resolution.
(a) Alternatives for Dispute Resolution. In
addition to any other rights or remedies provided
for herein,.the Parties agree to first pursue non-
binding dispute resolution proceedings which will
fairly and expeditiously resolve disputes or
questions of interpretation under this Agreement.
Such non-binding dispute resolution proceedings may
include: (a) arbitration as provided below,
(b) mediation, or (c) any other manner of dispute
resolution which is agreed upon by the Parties.
(b) Arbitration Standards. Any dispute
between two.or more of the Parties that is to be
resolved by arbitration shall be settled and
decided by arbitration conducted by an arbitrator
who is a former judge of the Los Angeles County
Superior Court. Such arbitrator shall be selected
by mutual agreement of the Parties in dispute.
Upon appointment of the arbitrator, the matter
shall be set for arbitration at a time not less
than thirty (30) nor more than ninety (90) days
from the effective date of the appointment of the
arbitrator. The arbitration shall be conducted
under the procedures set forth in Chapter 3 of
Title 9 of Part 3 of the California Code of Civil
Procedure or -under such other procedures as are
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l `S
agreeable to both Parties; except that the
provisions of the California.Code of Civil
Procedure pertaining to discovery and the
provisions of the California Evidence Code shall be
applicable to such proceeding.
(c) City Council Action Required. The
dispute resolution alternatives specified in this
Section may not be invoked or commenced by any
Party to this Agreement unless and until the
Council, through the normal procedures and
practices of the City, has had a reasonable
opportunity to render a decision or take final
action on the issue or matter which may be
submitted to arbitration.
14. Mortgagee Protection; Certain Rights 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, render 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
Mortgagee (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.
(b) Mortgagee Not Obligated. Notwithstanding
the provisions of Subsection 13 (b) above, 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 Default to Mortgagee; Right of
Mortgagee 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
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l
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, then the City shall deliver to such
Mortgagee, concurrently with service thereon .to the
Applicable Party, any notice given to the
Applicable 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
noncompliance 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
possession, such Mortgagee may (but is not
obligated to) seek to obtain possession with
diligence and continuity 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 Mortgagee shall have such additional time as
may be reasonably necessary to remedy or cure such
default or noncompliance if such Mortgagee
commences 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
Mortgagee 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
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.
15. Enforced Delay; Extension of Time of
Performance; Excused Performance. In addition to specific
provisions of this Agreement, performance by any party
hereunder shall not be deemed to be in default where delays
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or failures to perform are due 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, govern-
mental 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 similar basis for excused performance which is
not within the reasonable control of the party to be
excused. 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.
16. Term of -Agreement. The obligations of the
Parties under this Agreement become enforceable when the
conditions precedent to such obligations have been performed
or satisfied; provided, however, the Project Site is annexed
to the City prior to September 1, 1993, or as otherwise
mutually agreed to by the Parties hereto. If the Project
Site is not annexed prior to the time specified herein, this
Agreement shall be null and void. The obligations of the
Parties to this Agreement shall be binding as and when the
Agreement is executed and shall remain in effect for a term
of ten (10) 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 Owner's covenants to dedicate land
or provide public improvements in conjunction with any
portion of the Project Site which is under construction at
the time of the termination.
17. 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
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time and financial resources in planning to arrive at the
time, location, and intensity of use, improvements, and
structure for the development of the Project Site. For
these reasons, the Parties agree that it will not be possi-
ble to determine an amount of monetary damages which would
adequately compensate the Property owner or Developer for
this work. Therefore, the Parties agree that, except for
the City's reimbursement obligations expressly set forth in
this Agreement, monetary damages will not be an adequate
remedy for the Property Owner or Developer if the City fails
to carry out its obligations under this Agreement. The City
and Developer agrees that the Developer's remedies under
this Agreement shall be limited to the right to specifically
enforce the terms of this Agreement. The City and the
Property Owner agree that, except as to the City's
reimbursement 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
($500,000.00). The City's remedies under this Agreement
shall also be limited to the right to specifically enforce
the terms of this Agreement and/or in regard to any claim or
cause of action against the Property Owner, to pursue
monetary.damages in an amount not to exceed five hundred
thousand. dollars ($500,000.00). Except as expressly
provided in this Agreement, the Parties have no other
remedies in the enforcement of the provisions of this
Agreement.
18. 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 orgranted by the City with respect to the
Project Site, constitute independent 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 entitlements will
remain in effect pursuant to their own terms, provisions,
and conditions of approval.
19. Assignment. Prior
Improvements, the rights of the
Agreement may be transferred or
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to completion of the Public
Property Owner under this
assigned in whole or in part
1—(.a
0 0
upon prior written approval of the City which shall not be
unreasonably withheld or delayed. After the Public
Improvements 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
Owners obligations under. this Agreement by any such
transferee or assignee shall relieve the Property Owner from
such obligation.
20. 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 Burke, Williams & Sorensen
624 South Grand.Avenue
lith Floor
Los Angeles, CA 90017
If to Developer:
With a copy to:
If to Property Owner:
With a copy to:
21. Amendment or Cancellation. Subject to meeting
the notice and hearing requirements of Section 65867 of the
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Government Code, this Agreement may be amended from time to
time, or cancelled in whole or in part, by mutual consent of
the Parties or their successors in interest in accordance
with the provisions of Section 65868 of the Government Code;
provided, however, that any amendment which does not relate
to the term, permitted uses, density or intensity of use,
height or size of buildings, provisions for reservation and
dedication of land, conditions, terms, restrictions and
requirements relating to subsequent discretionary actions,
or any conditions or covenants relating to the use of the
Project Site, shall not require notice or public hearing
before the Parties may execute an amendment hereto.
22. 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.
23. 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.
24. Interpretation and Governing State Law. This
Agreement and any dispute arising hereunder shall be
governed and interpreted in accordance with the laws of the
State of California. This Agreement shall be construed as a
whole according to its fair language and common meaning to
achieve the objective and purposes of the Parties hereto,
and the rule of construction to the effect that ambiguities
are to be resolved against the drafting party shall not be
employed in interpreting this Agreement, both Parties having
been represented by counsel in the negotiation and
preparation hereof.
25. 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.
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/-C�3
26. 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.
27. Attorney's Fees. 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.
28. 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.
29. Incorporation of Attachments. All attachments
to this Agreement, including all Exhibits reference herein,
and all subparts thereto, are incorporated herein by this
reference.
30. 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.
31. Validation. The City agrees to initiate
appropriate procedure under Code of Civil Procedure Section
86.0, et seq. in order to validate this Agreement and the
obligations thereunder.
32. Recitals. Each of the recitals stated above
are.incorporated into this Agreement.
33. 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 -herein, 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
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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:
Dated:
, 1990
CITY OF SANTA CLARITA
By
Mayor
CP SHOPPING CENTER PARTNERS, a
California limited partnership
By:
Name•
Title•
By:
Name
Title:
THE PRICE COMPANY
a California corporation
By:
Name•
Title:
By:
Name•
Title•
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(ATTACH INDIVIDUAL ACKNOWLEDGMENTS FOR FEE OWNERS)
ATTEST:
[INSERT STANDARD CITY CLERK ATTESTATION FOR THE MAYOR'S
SIGNATURE.]
[ATTACH EXHIBITS A AND B]
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