HomeMy WebLinkAbout1992-02-11 - AGENDA REPORTS - RESO P92 03 AGMT 91 007 (2)AGENDA REPORT
City Manager Approval 1
Item to be presented by:
PUBLIC HEARING Lynn M. Harri /r _ r
DATE: February 11, 1992
SUBJECT: Appeal .of Planning Commission decision (Resolution No. P92-03)
denying Development Agreement 91-007. The 996 acre project site
is known as the "Bermite" property, located south of Soledad
Canyon Road and east of San Fernando Road. The appellant is the
Anden Group, the applicant.
DEPARTMENT: Community Development
BACKGROUND
The proposal is for a formal development agreement to vest the General Plan
land use designations on the 996 acre Bermite site and to be exempt from the
numerical caps of the CARRING (Citizens Association for Responsible
Residential Initiatives on Growth) initiative and other similar growth control
proposals. If approved, the Development Agreement conveys the right to
continue processing a development projects no project would be approved.
The proposal offers five acres valued between $5-8M, for dedication to the
City and requests vesting for a 10 year term. A lease agreement (with an
option to purchase this same five acres and an additional five acres) is being
processed by the Public Works Department separate from this agreement. It is
the City Council's decision to consider accepting five acres at no cost today
in return for the development agreement or be obligated to pay for the five
acres in the near future.
The applicant states that this development agreement is necessitated by the
"adverse conditions 'that would be imposed upon the specific plan's (Porta
Bella's) ability to proceed by the potential CARRING initiative". According
to the applicant, it would be impossible to obtain commercial financing for
the proposed Porta Bella project and related significant City infrastructure
improvements, because the draft initiative would not allow master planning for
sites such as the subject property.
PLANNING COMMISSION ACTION
At the January 7, 1992, Public Hearing the Planning Commission expressed its
concern that it is questionable as to whether it would provide substantial
public benefit. Other concerns were addressed by the applicant as expressed
in Attachment No. 3 of this report. Draft Conditions (Attachment No. 4)
prepared by staff were accepted in full by the applicant, with minor
modifications. The Planning Commission further expressed that the City
Council was the appropriate place to address whether the exemption request
from the CARRING initiative was in the best interest of the City and
recommended denial (5-0).
Five people spoke in opposition to the proposed Development Agreement and in
support of subjecting the project to the potential CARRING initiative.
�ppG�O�ICD p� Agenda Item:
ANALYSIS
Because the applicant seeks only to vest the General Plan designations and to
be exempt from the numerical caps of the CARRING initiative, this proposal may
be seen as an opportunity to implement the General Plan. A portion of the 996
acre project site has a Valley Center overlay which is intended to encourage
master planning at a more detailed level than the General Plan and discourage
piecemeal development of large blocks -of vacant land.
The General Plan states that concentration of mixed users and densities in the
Valley Center area will foster City identity while preserving and protecting
outlying areas from overly intensive development. By focusing compatible
intensities and densities of uses into the Valley Center and allowing
mid -point densities or less elsewhere in the planning area, the Valley Center
Concept becomes a growth management tool. The City can also help ensure the
success of the proposed commuter rail 'station by encouraging residential uses
of appropriate densities in close proximity to the station.
The project could be found to be consistent with the following General Plan
policies:
1. Policy 1.17 encourages seeking alternative funding opportunities to
provide adequate transportation and circulation facilities;
2. Policy 2.7 encourages the identification and.reservation of locations
for future commuter rail stations;
3. Policy 3.5 encourages the development of alternative transportation
systems.
4. Policies 5.1 through 5.3 encourage pursuing an aggressive posture in
the region in advocating a regional transportation system.
POLICY CONSIDERATIONS
The applicant is attempting to obtain some degree of certainty regarding the
development of a large scale project. Such an agreement could give the
applicant a competitive edge on future development but would also create an
environment in which public benefits could be obtained in a timely and
coordinated manner. It is important to note this is a unique situation
because no other single site of this size and geographic location has proposed
this opportunity.
If the Council concurred that it is appropriate to master plan a 996 acre site
in the geographic center of our City adjacent to new rail improvements, then
it could be found, appropriate to preserve the option to negotiate an actual
development proposal at a future date by granting the development agreement
and allowing the Bermite Project to proceed through the EIR process and the
public hearing process in the next 8-14 months.
Potential pros and cons to the proposal include:,
PROS
1. Allows us the flexibility and opportunity to implement the next General
Plan and its growth management policies. Provides an opportunity to
create a village -like setting in the City's core, closely related to the
Civic Center and the Transit Station.
2. Grants a land dedication of approximately five acres to be used by the
City for the commuter rail station, which the applicant has indicated to
be worth at least $5M. The City will then be able to use the $5M for
other programs and capital improvements.
3. Allows the applicant to proceed with a specific plan for the Bermite
property, which provides a considerable amount of additional
infrastructure (i.e., Santa Clarita Parkway, etc.). Allows City time to
review a specific plan locating a variety of housing and commercial uses
in close proximity to the transit station, which then helps to reduce
auto -dependency, creates a pedestrian scale neighborhood, and improves the
job -housing imbalance.
4. Makes processing of a specific plan for a cohesive and integrated
development of a large block of land, as opposed to piece -meal development.
5. The development agreement would facilitate the implementation of a
specific plan that is proposing densities consistent with the General
Plan, the Unified Development Ordinance, and the new City Hillside and
Ridgeline Protection Ordinance.
NS
1. The development agreement is intended to preempt the numerical caps of a
citizen based initiative.
2. The remainder of the development community could consider themselves to be
at a competitive disadvantage and may conclude that they will not be
treated fairly by the City.
3. If the agreement is deemed invalid or unenforceable, then land dedication
reverts back to the lease with the option to purchase.
1. Receive staff report; receive testimony; consider Planning Commission
recommendation; make findings.
2. Should the Council find it inappropriate to exempt a potential future
project from the numerical cap of the CARRING initiative, then staff
recommends denial of the development agreement.
3. Should the Council find this is a unique situation and that the City
should have the opportunity to continue the EIR and public hearing process
of the Bermite Specific Plan, and further, that the proposal for land
dedication constitutes significant public benefit, then staff recommends
approval.
ATTACHMENTS: 1.
2.
3.
4.
5.
6.
KMR:392
Draft Development Agreement
Draft Conditions of Approval
Letter from the applicant regarding
development agreement
Appeal request from The Anden Group,
Negative Declaration
the modification of the
the applicant.
Planning Commission Resolution No. P92-03
PUBLIC HEARING PROCEDURE
1. Mayor Opens Hearing
a. States Purpose of Hearing
2. City Clerk Reports on Hearing Notice
3.
Staff Report
(City Manager)
or
(City Attorney)
or
(RP Staff)
4.
Proponent Argument (30 minutes)
5.
Opponent Argument (30 minutes)
6.
Five-minute Rebuttal (Proponent)
a. Proponent
7.
Mayor Closes Public -Testimony
8.
Discussion by Council
9.
Council Decision
10.
Mayor Announces Decision
CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
APPEALING THE PLANNING COMMISSION'S
DENIAL OF DEVELOPMENT AGREEMENT 91-007 REQUEST
TO VEST THE GENERAL PLAN LAND USE
DESIGNATIONS AND TO EXEMPT THE SITE FROM
NUMERICAL LIMITATIONS ON
RESIDENTIAL GROWTH
FOR A PERIOD OF 20 YEARS
ON THE 996 ACRE BERMITE SITE.
IN EXCHANGE FOR THE DEDICATION OF 2.5 ACRES
OF THE SITE TO THE CITY OF SANTA CLARITA
TO BE USED FOR A COMMUTER RAIL STATION.
THE PROJECT ALSO INCLUDES A LEASE AGREEMENT FOR
UP TO TEN ADDITIONAL ACRES, WITH AN OPTION TO PURCHASE,
ALSO TO BE USED FOR THE COMMUTER RAIL STATION.
THE APPLICANT IS THE ANDEN GROUP.
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the. City
of Santa Clarita to consider an appeal of the Planning Commission's
denial of Development. Agreement 91-007, to vest the General Plan
land use designations and to exempt the site from numerical
limitations on residential growth for a period of 20 years on the
996 acre Bermite site in exchange for the dedication of 2.5 acres
of the site to the City of Santa Clarita to be used for a commuter
rail station. The project also includes a lease agreement for up
to ten additional acres, with an option to purchase, also to be
used for the commuter rail station. The applicant is the Anden
Group.
The hearing will be held by the City Council in the City Hall
Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita,
the 11th day of February, 1992, 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 thepublichearing.
Date: January 16, 1992
Donna H. Grindey
City Clerk _
Publish Date: January 19, 1992
�
CITY.OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
APPEALING THE PLANNING COMMISSION'S
DENIAL OF DEVELOPMENT AGREEMENT 91-007 REQUEST
TO VEST THE GENERAL PLAN LAND USE
DESIGNATIONS AND TO EXEMPT THE SITE FROM
NUMERICAL LIMITATIONS ON
RESIDENTIAL GROWTH
FOR A PERIOD OF 15 YEARS
ON THE 996 ACRE BERMITE SITE.
IN EXCHANGE FOR THE DEDICATION OF 5 ACRES
OF THE SITE TO THE CITY OF SANTA CLARITA
TO BE USED FOR A COMMUTER RAIL STATION.
THE APPLICANT IS THE ANDEN GROUP.
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City
of Santa Clarita to consider an appeal of the Planning Commission's
denial of Development Agreement 91-007, to vest the General Plan
land use designations and to exempt the site from numerical
limitations on residential growth for a period of 15 years on the
996 acre Bermite site in exchange for the dedication of 5 acres of
the site to the City of Santa Clarita to be used for a commuter
rail station. The applicant is the Anden Group.
The -hearing will be held by the City Council. in the City Hall
Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita,
the.11th day of February, 1992, 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 rai'ed.at the public
hearing described in- this notice, or in written correspondence
delivered to the City Council, at, or prior to the public hearing.
Date: January 27, 1992
Donna K. Grindey
City Clerk
Publish Date: January 29, 1992
r.
a
Recording Requested By
and When Recorded Return to:
CITY CLERK
CITY OF SANTA CLARITA
23920 Valencia Boulevard
Suite 300
Santa Clarita, California 91355
DEVELOPMENT AGREEMENT
BY AND AMONG
THE CITY OF SANTA CLARITA
AND WHITTAKER CORPORATION
RELATIVE TO THE SUBDIVISION AND
DEVELOPMENT OF THE "BERMITE PROPERTY"
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE 5 65868.56
t:1DOCS\SEC\ROY10010AAAOJZD19000 Ol28192-12
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is made this
day .of , 1991, by and between the
City of Santa Clarita, a municipal corporation, organized and
existing under the general laws of the State of California (the
"City") and Whittaker Corporation, a Delaware corporation
("Whittaker").
RECITALS
A. In order to establish certainty in the development
process, the City is authorized pursuant to Government Code
Sections 65864 through 65869.5 (the "Government Code") and Part 4
of Chapter 22.16 of the Santa Clarita Municipal Code (The "Santa
Clarita Code") to enter into binding agreements with persons or
entities having legal or equitable interests in real property for
the development of such property. The City is entering into this
Agreement pursuant to that authority.
B. Whittaker is the owner of approximately 1,000 acres of
unimproved real property located in the City of Santa Clarita,
County of Los Angeles, California, as depicted on Exhibit A to this
Agreement, which real property is the subject matter of this
Agreement (the "Project Site"). The legal description for the
Project Site is set forth in Exhibit B to this Agreement. The
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Project Site is commonly referred to as the Bermite Property in the
General Plan of the City of Santa Clarita (the "General Plan").
C. Based on the size and location of the Bermite Property,
it has been identified in the General Plan as an area offering both
unique opportunities for and constraints on development. The
General Plan designates the Bermite -Property as RS (Residential
Suburban) and as an important component in achieving the Valley
Center concept. Additionally, the General Plan calls for master
planning of the Bermite Property with a mix of uses including but
not limited to specialty retail commercial, office -park, low to
high density housing, interconnected open space and greenbelts,
educational facilities, a commuter rail station and public parks.
Furthermore, the General Plan anticipates the adoption of new
ordinances by the City to implement the policies of the General
Plan, including those relating to protection of hillsides and
ridgelines. Master planning is commonly achieved by adoption of a
specific plan consistent with those policies and ordinances, and
designating in detail the precise mix of uses and type of
development to occur on a site as well as other• specific
development criteria applicable to the project, and such a
mechanism may be utilized on the Bermite Property to develop the
Project Site as an integrated, master planned project consisting of
a mixture of uses and related amenities (the "Project") in
conformance with and as contemplated by the provisions now set
forth in the General Plan.
[:%DOCS\SECRonODIQAAao.Jznr0000 -2- OWSM-u
D. Development of the Project Site as an integrated, master -
planned Project requires Whittaker and the City to engage in a
comprehensive planning process requiring substantial commitments of
time, resources and funds at an early stage of the Project.
Furthermore, development pursuant to that planning process cannot
proceed in an efficient manner without stability -in the planning
and implementation processes. Growth management programs
appropriate for the Project Site, as required by the General Plan,
also must be stabilized at an early stage of the Project to permit
this comprehensive planning process and future development to
occur. 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 provide that stability and thereby
to facilitate the provision of public benefits which cannot be
provided by Whittaker without the certainty. of development
potential provided by this Agreement. The City has determined
that, in furtherance of the purposes set forth in Government Code
Section 65864, this Agreement will encourage the maximum efficient
utilization of resources at the least economic cost to the public,
will facilitate the provision of housing and other development to
the consumer in an economic manner, and will strengthen the public
planning process and encourage private participation in
comprehensive planning, 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.
1:%Docsysecueor%wionnwo nnr0000 -3- OU28192-12
E. In addition to the direct and indirect benefits described
above, the City wishes to secure for the benefit of the City and
its residents dedication of two and one-half acres of the 'Project
Site (the "Donated Property") pursuant to the Deed attached hereto
as Exhibit C. The Donated Property (herein the "Commuter Rail
Station Site") is proposed to be used for construction of a
commuter rail station and parking facility. Whittaker's agreement
to execute the Deed will facilitate the realization of critically
needed mass transportation facilities which are an integral part of
the transportation.infrastructure identified in the City's General
Plan as vital to the health, safety and welfare of the City's
residents, will effectuate the beginning of the master planning for
the Project Site contemplated by the General Plan and secured by
this Agreement, and will enable the City to have additional
uncommitted funds to provide benefits to its residents.
F. On June 25, 1991, the City Council of the City certified
the final Environmental Impact Report for the City of Santa Clarita
General Plan (herein, the "General Plan EIR"). The General Plan
EIR states that it is intended to serve as the information base for
subsequent environmental review of specific, projects such as
ordinances implementing the General Plan. It is the intent of the
City that this Agreement be one of the ordinances enacted to
implement the General Plan as it pertains to the Bermite Property
and not to alter the terms and conditions thereof, and the City has
1:V=S SE0R0Y\0010AAA0JZD/9000 -4- 0112SM-I2
considered the information contained in the General Plan EIR in
connection with its review and approval of this Agreement.
G. On , 1992, the City Council of the
City approved the negative declaration for this Agreement and
adopted Ordinance No. approving this Agreement.
H. In order to obtain the mutual and. material benefits
described above, the City now desires to obtain the binding
agreement of Whittaker for the development of the Project Site in
accordance with the provisions of this Agreement, and the
dedication of the Donated Property, as provided above, and
Whittaker now desires to obtain the binding agreement of the City
that the City will permit Whittaker to develop the Project and
Project Site in accordance with this.Agreement.
I. Whittaker has applied to the City.in accordance with the
procedures set forth in the Santa Clarita Code for approval of this
Agreement. The City Council of the City has given notice of
intention to consider this Agreement, has conducted public hearings
thereon pursuant to the Government Code and the Santa Clarita Code,
and has found that the provisions of this Agreement are consistent
with the City's adopted plans- and policies including, without
limitation, the City's General Plan.
I;%D0CS%SMR0r10010AAA0Jzn19000 -5- 01MM-12
0
J. The terms and conditions of this Agreement have been
found by the City to be fair, just, and reasonable, and to be
prompted by the necessities of the situation.
K. This Agreement is consistent with and in furtherance of
the public health, safety, and welfare needs of the residents of
the City of Santa Clarita and the surrounding region, and the City
has specifically considered and approved the impact and benefits of
this Project upon the regional welfare.
AGREEMENT
NOW, THEREFORE, with reference to the above Recitals,
which are incorporated in this Agreement as if set forth in full
herein, and in consideration of the mutual covenants and agreements
contained in this Agreement, the City and Whittaker agree as
follows:
1. Definitions. In this Agreement, unless the context
otherwise requires:
(a) "Applicable Rules" means (i) the rules, regulations,
and official policies of the City, including, without
limitation the General Plan and Zoning Ordinance (as
hereinafter defined), in force as of the "Effective Date"
(as hereinafter defined) governing development, density,
1:\DOCS'SECkROY10010AAAO.IZDl9000 -6- 01128192.12
permitted uses, growth management, environmental
consideration, building codes, grading requirements,
improvement and construction standards and specifications
and design criteria (collectively, "Development
Criteria") applicable to the Project, as well as
(ii) those rules, regulations, official policies and
specific plan(s) of the City,adopted after the Effective
Date which constitute the Zoning Ordinance (as
hereinafter defined) or which implement the master
planning concept for the Bermite Property set forth in
the General Plan by providing specifically and
exclusively for Development Criteria with respect to the
Project Site. The parties acknowledge and agree that
this Agreement shall not in any way be deemed to
predetermine the approval of the specific plan
application pending on the Project Site, or any other or
modified specific plan(s) which may later be submitted
with respect to the Project Site.
(b) "Discretionary Actions; Discretionary Approvals" are
actions which require the exercise of judgment or a
decision, and which contemplate and authorize the
imposition of requirements 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
n\nocsesEC%ROY+ooionano.iznroaoo -7- 01n8ro2-12
activity, as distinguished from an activity which merely
requires the City, including -any board, commission, or
department of the City and any officer or employee of the
City, to determine whether there has been compliance with
applicable statutes, ordinances, regulations, or'
conditions of approval.
(c) "Effective Date" is the date this Agreement is
adopted by the City Council of the City.
(d) "Public Improvements" means those public
improvements that Whittaker agrees to. construct and
dedicate or, alternatively, the payments of money and/or
the dedication of land to the City or such other public
entity as the City shall lawfully designate, to which
Whittaker agrees in lieu thereof, which. improvements
include by way of example, but not limitation, the
acquisition, dedication and/or construction of easements
and facilities described in Section 6 of this Agreement.
(e) "Subsequent Consistent Rules" means those rules,
regulations, and official policies of the City becoming
effective after the Effective Date of this Agreement,
such as fee programs, traffic congestion management
plans, etc., which are applicable to the Project -and the
Project Site, which are consistently and evenly applied
1:\DOCS\SEC1ROY10010AAAOJZD19000 -$- 0112SM-12
to all residential developments in the City, and which
are either
(1) consistent with the Applicable Rules (e.g. by
implementing the General Plan) and do not affect or
control the timing or rate of development on the
Project Site, or
(2) based upon a determination by the City
Council of the City, after public hearing and based
on the record of the hearing, that the failure of
the City to apply a particular, subsequently
adopted rule, regulation or official policy will
place residents of the City in a condition
substantially dangerous to their health or safety
and such condition cannot otherwise be mitigated in
a reasonable manner.
(f) "Zoning ordinance" is the zoning code.for the City
of Santa Clarita in existence on the Effective Date,
provided, however, that notwithstanding any other
provision of the Development Agreement that is to the
contrary, the Unified Development Code, Hillside
Development Ordinance and Ridgeline Protection Ordinance
currently being considered for approval by the City
shall, upon adoption thereof by the City council, be
1:U)0CSI.SEMR0Y50010AAA0JZD/9000 -9- 01128192-12
deemed the Zoning ordinance and shall apply to the
Project Site as so adopted, provided; however, that any
provisions thereof which are in conflict with the
provisions of this Agreement as to the rate or timing of
development on the Project Site shall not, to that
extent, apply to the Project Site or its development and,
in no event, shall issuance of permits be denied or
delayed because of any provisions in the Zoning Ordinance
that purport to control the rate or timing of development
on the Project Site.
2. Interest of Whittaker. Whittaker represents to the
City that, as of the Effective Date, it owns or is contractually
entitled to buy the Project Site in fee, subject to encumbrances,
easements, covenants, conditions, restrictions, and other matters
of record.
3. Binding Effect. This Agreement and all of the
terms, conditions and provisions contained herein shall run with
the land comprising the Project Site and shall be binding upon and
inure to the benefit of the parties hereto and any subsequent
owners of all or any portion of the Project Site and their
respective heirs, successors and assigns. Any successors in
interest to the City shall be subject to the provisions set forth
in Section 65865.4 and 65868.5 of the Government Code.
i:UDOCS SECmOYkODIonnno.IZDr0000 —10—
ou28192-12
4. Negation of Agency
The Parties acknowledge that,
in entering into and performing under this Agreement, each is
acting as an independent entity and not as an agent of the other in
any respect. .Nothing contained herein or in any document executed
in connection herewith shall be construed as making the City and
Whittaker joint venturers or partners.
5. Development of the Property. Notwithstanding any
rule, regulation,. or official policy of the City, including all
ordinances thereof, that may, now be in effect or which may be
hereafter adopted and that is or appears to be to the contrary, the
following provisions shall govern the use and development of the
Project and the Project Site:
(a) "Permitted Uses" Subject .to all requirements of the
Zoning Ordinance and any other Applicable Rules or
Subsequent Consistent Rules, Whittaker shall be entitled
to engage in the development of those commercial, office,
residential, institutional, open space and transportation
uses on the Project Site which are allowed by theGeneral
Plan as of the Effective Date. The permitted uses for
the Project Site allowed under the General Plan are set
forth on Exhibit D attached hereto. The timing and rate
of development on the Project Site as.set_forth in this
Agreement is deemed hereby to be an integral part of the
permitted uses for the Project Site and necessary for the
I:\D00513EOROY\OOIOAAAOJZD/9000 -11- 01128/92-12
proper implementation of the General Plan as it pertains
to the Sermite Property.
(b). "Permitted Density and Intensity of Use" Subject to
all requirement of' the Zoning Ordinance and any other
Applicable Rules or Subsequent Consistent Rules,
Whittaker shall be entitled -.to develop the Project Site
to the Density and Intensity of Use which is now allowed
for the Project Site under the General Plan or which may
be subsequently allowed upon the Site through
implementation of the master planning concept, including
by any subsequently approved specific plan(s); provided,
however, that nothing above in this paragraph 5 shall be
deemed to obligate the City to allow any particular uses
or density or intensity of development on the Project
Site through approval of any specific plan(s) or other
like application after the Effective Date..
(c) "Development Standards." The design and development
standards applicable to the development of the Project
Site shall be the design and development standards set
forth in the Applicable Rules (including, by way of
example, but not limitation, the General Plan and the
Zoning ordinance, and the design and development
standards contained in any specific plan which may later
be approved by City to implement the master planning
-12- 0112SM-12
concept), and in any later adopted Subsequent Consistent
Rules. If there is a conflict between any of the
Applicable Rules and any Subsequent Consistent Rules to
be applied, the City Council, in its reasonable
discretion, shall determine which shall apply; provided,
however, that to further the master planning concept
encouraged by the General Plan, the provisions of any
specific plan for the Project Site shall prevail over the
other Applicable Rules and Subsequent Consistent Rules;
and, in no event, shall .such City action prevent
development of the Project Site for the uses and to the
density and intensity of development contemplated by this
Agreement. Without limiting the generality of the above,
the maximum height and size of proposed buildings upon
the Project Site shall be governed by. the Applicable
Rules and any Subsequent Consistent Rules.
6. Acknowledgements Agreements and Assurances on the
Part of Whittaker. In consideration of the benefits provided to
Whittaker by the assurances set forth above and the City's
assurances set out in Section 7 below, Whittaker hereby agrees as
follows:
(a) Development of the Project Site. Whittaker will use
reasonable efforts, in accordance with its sole business
judgment and taking into consideration market conditions
t:VX)CS� EL-IROY%00ltAAA0.17D/v000 -13 Orosvz-cz
and other economic factors influencing Whittaker's
business decision to commence or to continue development,
to develop the Project Site in accordance with the terms
and conditions of this Agreement.
(b) Easements. Each subdivision map for the Project
Site shall describe and depict all.easements including,
but not limited to, streets, public utilities, storm
drains, cable television, etc., as are necessary to
facilitate the construction or installation of the
infrastructure for the Project as required by the
Applicable Rules.and the Subsequent Consistent Rules and,
by the recordation of such map, Whittaker shall convey
said easements to the City.
(c) Deed. Within ten (10) days after the Effective
Date, Whittaker shall execute a Deed in substantially the
form set forth in Exhibit C to grant the Donated Property
to the City for the purposes therein specified.
Thereafter, the Deed shall govern the portion of the
Bermite Property subject thereto.
7. Acknowledgements Agreements and Assurances on the
Part of the City. In order to effectuate the provisions of this
Agreement, and as an inducement for Whittaker to obligate itself to
carry out the covenants and conditions set forth in the preceding
t:UnocSv.SM OYkOOI0anno.imrv000 -14- 01128M.12
Section 6 of this Agreement, and in consideration for Whittaker
doing so, the City hereby agrees and assures Whittaker that
Whittaker will be permitted to carry out and complete the
development of the Project within the Project Site subject to the
terms and conditions of this Agreement. in furtherance of such
agreement and assurances, and pursuant to the authority and
provisions set forth in the Government Code and the Santa Clarita
Code, the City, in entering into this Agreement, hereby agrees and
acknowledges that:
(a) Entitlement to Develop. Whittaker is hereby
granted, -as of the Effective Date of this Agreement, the
vested right to develop the Project and the Project Site
to the extent and in the manner provided in this
Agreement. Any change in the Applicable Rules,
including, without limitation, any change in the City's
General Plan or the Zoning ordinance, shall not be
applied by .the City. to the Project or Project Site,
except as expressly set forth above with respect to
Subsequent Consistent Rules. Such vesting of rights
shall not be limited or affected by the fact that
Whittaker is required to.obtain or elects to obtain
implementing permits and approvals after the Effective
Date of this Agreement, including, without limitation,
specific plan(s), subdivision map(s), conditional use
I:Xnocs%SFMROYXOOIOAAAolzn/vM -15- 01128/92-12
permit(s), precise development plan(s) or building
permit(s).
(b). Consistency With Applicable Rules. The City hereby
finds, based upon all information made available to the
City prior to or concurrently with the execution of this
Agreement, that this Agreement is consistent with the
Applicable Rules in effect on the Effective Date. In
particular, the City hereby finds that the growth
management goals and policies established by the General
Plan are best implemented on the Project Site by
controlling the rate and timing of development of the
Project as set -forth herein.
(c) Rate and Timingof Development. The City
acknowledges and agrees that Whittaker cannot at this
time predict when a subdivision map for the Project Site
or any phase thereof will record or building permits be
sought. Further, the City acknowledges and agrees that
Whittaker cannot at this time predict when, or the rate
at which, the Project will be developed. Such decisions
depend upon :numerous factors including, but not limited
to, general economics, housing market demand, financial
capability, title issues, . interest rates, labor
availability and costs, loan availability and terms,
lender requirements and other factors which are not
1ADO S\SE covwmonnno.SZDfe000 -16- mnaivzaz
within the control of Whittaker or the City.
Notwithstanding the inability of the Parties as of the
Effective Date to establish numerical schedules for
development on the Project Site, the City acknowledges
and finds that the General Plan goals of growth
management and rehabilitation of the Bermite Site can and
shall be best implemented by permitting Whittaker the
right to develop the Project in such order, and at such
rate and times, as Whittaker deems appropriate within the
exercise of its subjective business judgment, provided,
such, development shall be and remain subject to
compliance with the terms and provisions of the
Applicable Rules and, in particular, the General Plan
policies that facilities and services required for the
Project exist or be programmed for construction within a
defined period of time or be provided by Whittaker in a
timely manner. Notwithstanding anything else in this
Agreement which is or appears to be to the contrary, in
no event shall development of the Project Site in the
manner contemplated by this Agreement be subject to any
subsequently adopted ordinances, rules or regulations
restricting the time or sequence of development based
upon fixed, numerical or other like growth management
standards of City-wide, applicability as opposed to site
specific determinations addressing the specific impacts
of the Project.
I:%DOCMEMOY%OOIOAAADJZDJ9M -17- 01MM-12
(d) Inapplicability of Moratoriums and Growth Control
Regulations. In addition to, and not in limitation of,
the foregoing, it is the intent of Whittaker and the City
that no interim, temporary or permanent moratorium or
growth control measure, ordinance or regulation, whether
relating to the rate, timing, or sequencing of the
development or construction. of all or any part of the
Project, whether imposed by ordinance, initiative,
referendum, resolution, or otherwise, and whether enacted
by the City Council, electorate or any agency of the
City, affecting parcel or subdivision maps (whether
tentative, vesting tentative, or final), building
permits, certificates of occupancy, entitlements to use
or service (including, without limitation, water and
sewer), or other development rights which is approved,
issued or granted within the City, or any portion of the
City, shall apply to the Project or the Project Site.
8. Review of Compliance.
(a) Periodic Review. The City shall review this
Agreement annually, on or.before the anniversary of the.Effective
Date, in accordance with the procedure and standards set forth in
this Agreement and the Santa Clarita Code in order to ascertain
compliance by Whittaker with the terms of this Agreement.
I:VDOCSISWR0Y10010AAA0JZD19000 01129192-12
(b) Special Review. The City Council of the City may
order a special review of compliance with this Agreement at any
time. The Community Development Director or the City Council, as
determined from time to time by the City Council, shall conduct
such special reviews.
(c) Procedure. During either a periodic review or a
special review, Whittaker shall be required to demonstrate good
faith compliance with the terms of this Agreement. The burden of
proof on this issue shall be on Whittaker. The parties acknowledge
that failure by Whittaker to demonstrate good faith compliance
shall constitute grounds for termination or modification of this
Agreement in accordance with the provisions ofthisAgreement.
Upon completion of a periodic review, or a special review, the
Community Development Director shall submit a report to the City
Council setting forth the evidence concerning good faith compliance
by Whittaker with the terms of this Agreement and the recommended
finding on that issue. All compliance reviews shall be conducted
pursuant to the Santa Clarita Code. However, nothing in this
Agreement shall be construed to impose an affirmative duty to
proceed with development should Whittaker decide to defer or to
temporarily or permanently terminate construction of the Project.
If, on the basis of review of this Agreement, the
Community Development Director concludes that Whittaker has not
complied in good faith with terms of this Agreement, then the
LUioCSISMROYNOOI OAAAO.)ZDl90W —19— 01/29192-12
Community Development Director may issue a written "Notice of Non-
compliance" specifying the grounds therefor and all facts
demonstrating such non-compliance. Whittaker's failure to cure the
alleged non-compliance within thirty (30) days after receipt of
said notice, shall constitute a default under this Agreement,
subject to extensions of time by mutual consent in_writing. If the
nature of the alleged noncompliance is such that it cannot
reasonably be cured within such thirty (30) day period, the
commencement of the cure within a reasonable time period and -a
diligent prosecution to completion of cure shall bedeemed a cure
within such period. Subject to the foregoing, after notice and
expiration of the thirty (30) day period without cure, the City may
pursue any remedy available under this Agreement.
(d) Proceedings Upon Modification or Termination. If
the City determines to proceed with modification or termination of
this Agreement after completing the reviews specified in the Santa
Clarita Code, the City shall give written notice to Whittaker of
its intention to modify or terminate this Agreement. Notice shall
be given at least sixty (60) calendar days before the scheduled
hearing and shall contain such information as may be reasonably
necessary to inform Whittaker of the nature of the proceeding. At
the time and place set for the hearing on modification or
termination, Whittaker shall be given an opportunity to be heard.
Whittaker shall be required to demonstrate good faith compliance
with the terms and conditions of this Agreement. The burden of
1:1DOCMSMROY1O010MAOJZD/9000 -20- 01/29M-12
proof on the issue shall be on Whittaker. If the City Council
finds, based upon substantial evidence, that Whittaker has not
reasonably complied in good faith with the terms or conditions of
this Agreement, the City Council may initiate proceedings to
terminate this Agreement. The decision of the City Council shall
be final but subject to the arbitration provisions set forth in
Section 12 herein and shall also be -subject to judicial review
pursuant to Code of Civil Procedure Section 1094.5.
9. Modification. Amendment, or Cancellation. Subject
to meeting the notice and hearing requirements of Section 65867 of
the Government Code and the applicable provisions of the Santa
Clarita Code, this Agreement may be modified or amended from time
to time by mutual consent of the parties or their successors in
interest in accordance with the provisions of the Santa Clarita
Code and Section 65868 of the Government.Code.
10. Term of Agreement. This Agreement shall become
operative and commence upon the Effective Date and shall remain in
effect for a term of ten (10) years, unless said term is
terminated, modified, or extended by circumstances set forth in
this Agreement or by mutual consent of the parties hereto.
Following the expiration of said term, this Agreement shall. be
deemed terminated and of no further force and effect; provided,
such termination shall not automatically affect any right arising
from any City approvals on the Project Site, whether secured prior
L%DOCSXSEMorOO1OAAnOJZ13/ oo -21- 0112aroz12
to, concurrently with,,or subsequent to the Effective Date of this
Agreement; and provided further, that, as to.that portion of the
Project Site on which construction work has been commenced or
completed prior to the expiration or termination of -.this Agreement,
the provisions of this Agreement shall continue to apply during the
entire course of such construction work, and shall thereafter apply
to the use, operation, repair . and reconstruction of the
improvements constructed pursuant to this.Agreement.
11. Remedies For Default. It is acknowledged by the
Parties that the City would not have entered into this Agreement if
it were to have unlimited liability and damages under this
Agreement, or with respect to this Agreement, or the application
thereof. The Parties agree and recognize that, as a practical
matter, it will not be possible physically, financially, and as a
matter of land use planning, to restore the Project Site to its
prior state once the construction is commenced. Moreover,
Whittaker has invested and will invest a considerable amount of
time and financial resources in planning the time, location,
intensity of use, improvements and structures for the development
of the Project Site. For these reasons, the Parties agree that it
will not be possible to determine an amount of monetary damages
which would adequately compensate Whittaker for this work.
Therefore, the Parties agree that monetary damages will not be an
adequate remedy for Whittaker if the City fails to carry out its
obligation under this Agreement. The Parties further agree that
t:\nocs\sEC\RonooionnnoJZD/90W -22- 01n8re2a2
Whittaker's remedies under this Agreement shall be limited to the
right to specifically enforce the terms of this Agreement.
The.City's remedies under this Agreement shall also be
limited to the right to specifically enforce the terms of this
Agreement. In addition to specific performance, if Whittaker fails
to make any payment or complete any other act or performance
specified in this Agreement in a reasonable manner, Whittaker shall
have no further right or entitlement by virtue of this Agreement to
any building permits or certificates of occupancy for any portion
of the Project Site until the default has been cured in accordance
with due process and as provided in this Agreement. The Parties
recognize that this. section may result in the limitation or
cessation of the rights otherwise conferred by this Agreement upon
Whittaker, including any of Whittaker's successors, assigns,
transferees, or other persons or entities acquiring title to or
otherwise acquiring an interest in the Project or any portion
thereof. Notwithstanding anything above which is or appears to be
to the contrary, nothing in this section shall be construed or
understood to waive or limit 'any right of Whittaker to any
entitlements, permits or certificates of occupancy which is based
upon independent grounds and not dependent upon the rights granted
to Whittaker by virtue of this Agreement.
12. Arbitration. In order to expedite the resolution of
disputes and default, the parties have elected to submit to binding
t:suocs secvcor�omonnno.Jznrooao -23- oinsm-12
Judicial Arbitration and Mediation. If the matter in connection
with any alleged breach is not resolved in writing within' thirty
(30) days of receipt of notice of breach, either party shall have
the right to submit the matter to expedited arbitration. Whenever
any dispute over enforcement, interpretation or other matter arises
between the parties hereto in connection with this Agreement and
either party gives written notice (the.."Notice") to the other that
such dispute shall be determined by arbitration, then within thirty
(30) days after.the giving of the Notice, both parties shall agree
upon and hire one member of the panel of Judicial Arbitration and
Mediation Services, Inc. ("Judge"). If the parties are unable to
agree upon selection of the Judge, then the Superior Court of the
County of Los Angeles may, upon the request of either party,
designate the Judge to act hereunder. The Judge shall be a retired
judge experienced with land use, zoning and real estate development
matters. As soon as reasonably possible, but.not later than thirty
(30) days after the Judge is selected, the Judge shall meet with
the parties at a location reasonably acceptable to Whittaker, City
and the Judge. The Judge shall determine the matter within ten
(10) days after such meeting. Each party shall pay one-half the
costs and expenses of the Judge.
If Judicial Arbitration and Mediation Services, Inc.
ceases to exist, and either party gives written notice to the other
that a dispute shall be determined by arbitration, then, unless
agreed otherwise in writing by the. parties, all arbitrations
1ADOCS%SWxon0010nnnoJzoro000 -24- 01MM-11
hereunder shall be governed by the then -current rules of the
American Arbitration Association. Any determination by arbitration
hereunder may be entered in any court having jurisdiction. Within
ten (10) days after delivery of such notice, each party shall
select an arbitrator with at least five (5) years experience in ..
land use, zoning and real estate development matters and advise the
other party of its selection in writing. The two arbitrators.so
named shall meet promptly and seek to reach a conclusion as to the
matter to be determined, and their decision, rendered in writing
and delivered to the parties hereto, shall be final and binding on
the parties. If said arbitrators shall fail to reach a decision
within ten (10) days after the appointment of the second
arbitrator, -said arbitrators.shall name a third arbitrator within
the succeeding period of five (5) days. Said three .(3) arbitrators
thereafter shall meet promptly for consideration of the matter to
be determined and the decision of any two (2) of said arbitrators
rendered in writing and delivered to the parties hereto shall be
final and binding upon the parties.
If either party fails to appoint an arbitrator within the
prescribed time, and/or if either party fails to appoint an
arbitrator with the qualifications specified herein, and/or if any
two (2) arbitrators are unable to agree upon the appointment of a
third arbitrator within the prescribed time, then the Superior
Court of Los Angeles County may, upon the request of any party,
appoint such arbitrator(s), as the case may be, and the arbitrators
MDOCSNSEOROY+0010AAAOJZD/9060 -25- 0112SM-12
as a group shall have the same power and authority to render a.
final and binding decision as where the appointments are made
pursuant to the provisions of the preceding paragraph. All costs
of any arbitrator(s) shall be borne by the party which does not
prevail in that arbitration. All determinations by arbitration
hereunder shall be binding upon Whittaker and City.
13. Administration of Agreement and Resolution of
Disputes. All decisions by the City staff concerning the
interpretation and administration of this Agreement and the Project
which is the subject hereof are appealable to the City Council and
all like decisions by the City Council shall be final but subject
to the arbitration provisions set forth in Section 12 herein and
shall also be subject to judicial review pursuant to Code of Civil
Procedure Section 1094.5.
14. Assignment; Lender Rights. The rights of Whittaker
under the Agreement may be transferred or assigned in whole or in
part by Whittaker upon prior written notice to the City. Express
assumption of any of Whittaker's obligations under this Agreement
by any such assignee shall relieve Whittaker from such obligation.
The holder of any mortgage, deed of trust, or other conveyance of
all or any portion of the Site for financing purposes shall in no
way be obligated to construct or complete any improvements on the
Site, to guarantee such construction or completion, or otherwise to
perform any of the obligations of Whittaker hereunder, unless it
LIDOCSlSEC%ROYN00l0AAAO.JZD/9000 -26-
oinerozaz
elects to be bound hereby following its succession to the ownership
of the Project Site. No breach of any obligations set forth in
this Agreement shall defeat, render invalid or impair any mortgage,
deed of trust.or other like encumbrance constituting a lien against
the Site, and any person or entity succeeding to Whittaker's
interest in the Site, or any portion thereof, pursuant to such
mortgage, deed of trust or lien shall, upon its election, succeed
to all rights and obligations of Whittaker hereunder with respect
to the portion of the Site affected by lien.
15. 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:
ID, Williams & Sorensen
611 West Sixth Street
Suite 2500
Los Angeles, CA 90017
Attention: Carl K. Newton, Esq.
If to Whittaker:
Whittaker Corporation
10880 Wilshire Boulevard
Suite 800
Los Angeles, California 90029
Attention: Edward R. Muller
1:MOCS\SMROY%oa1anno.:zn19000 -27- 0112a92-12
With copies to:
The Anden Group
1932 Deere Ave., Suite 200
Santa Ana, CA 92705
Attn: Stan Brown
Pregerson & Richman
10866 Wilshire Boulevard
Suite 1200
Los Angeles, CA 90024-4303
Attn: James D. Richman, Esq.
Brown, Winfield & Canzoneri
300 S. Grand -.Ave., Suite 1500
Los Angeles, CA 90071-3125
Attention: Dennis S. Roy, Esq.
16. Severability and Termination. If any provision of
this Agreement should be determined by a court to be invalid or
unenforceable, or if any provision of this Agreement is superseded
or rendered unenforceable according to any law which becomes
effective after the Effective Date, this Agreement shall, upon
delivery of Whittaker's written election to the City, be null and
void. The parties shall thereafter take such actions as are
necessary to return the parties to their positions prior to
execution of this Agreement. Notwithstanding the foregoing,
invalidity of this Agreement shall not invalidate nor terminate any
approvals previously granted to Whittaker by the City. for the
Project or Project Site, nor any permits, entitlements, maps, or
other like matters then in effect.
17. Time of Essence. Time is of the essence for each
provision of this Agreement of which time is an element.
1:%DOCSesec\eov+00I0nano.iwro000 -28- 01MM-12
18. Amendment or Cancellation. Subject to meeting the
notice and hearing requirements of Section 65867 of the Government
Code, this Agreement may be amended from time to time, or canceled
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
reservations and dedication of land, conditions, terms,
restrictions and requirements relating to Subsequent Consistent
Rules,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.
19., Force Majeure. In the event of changed conditions,
changes in local, state or federal laws or regulations, inclement
weather, delays due to strikes, inability to obtain materials,
civil commotion, fire, acts of God, or other circumstances which
substantially interfere with carrying out the Project, or with the
ability of either party to perform its obligations under this
Agreement, the parties agree to bargain in good faith to modify
such obligations to achieve the goals and preserve the original
intent of this Agreement.
20. Waiver. No waiver of any provision of this
Agreement shall be effective unless it is in writing, expressly
BDOCS16SWROY\0010 AAO.JZD/9000 -29- 01/28192-12
refers to the occurrence or event to be waived, and is signed by a
duly authorized representative of the Party against whom
enforcement of a waiver is sought. Any waiver shall not effect a
waiver of any. right or remedy in respect to any other occurrence or
event.
21. Interpretation and Governing 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 plain
language and common meaning to achieve the objectives and purposes
of the parties hereto. The rule of construction 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.
22. Constructive Notice and Acceptance. Except as
provided in Section.14 above, 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.
IADOCMECIROY\OOIOAAAOJZD/9000 -30- 01(28/92-12
23. 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.
24. Attorney's Fees. If _either Party commences any
action for the interpretation, enforcement, termination,
cancellation or rescission of this Agreement, or for specific
performance for the breach hereof, the prevailing party shall be
entitled to its reasonable attorney's fees and costs.
25. Indemnification. Whittaker hereby promises to
indemnify, protect and defend the City from any and all claims or
causes of action arising out of the execution of this,Agreement,
including, but not limited to actions to set aside or invalidate
this Agreement or to prevent Whittaker or the City from performing
any obligation hereunder. The City, in its sole discretion, may
tender the defense of such an action to Whittaker upon written
notice.
26. Counterparts. This Agreement may be executed in two
or more identical counterparts, each of which shall be deemed to be
an original and each of which shall be deemed to be one and the
same instrument when each Party signs each such counterpart.
1ADOCSISMRor\0010AAAo.JZD/9M -31- 01/2SM-12
27. Entire Agreement; Conflicts. This Agreement
consists of _ pages and 4 Exhibits which constitute the entire
understanding and agreement of the parties. The exhibits are as
follows, and are incorporated herein by this reference:
Exhibit "A" - Map of the Project Site.
Exhibit "B" - Legal.Description of the Project Site.
Exhibit "C" - Deed
Exhibit "D" - General Plan Permitted Uses.
Should any or all of the provisions of this Agreement be
found to be in conflict with any other provision or provisions
found in the Applicable Rules or Subsequent Consistent Rules then
the provision(s) of this Agreement shall prevail.
28. Further Instruments. The Parties hereto agree that they
shall execute and deliver to each other, upon the request of the
other Party, any and all documents which are reasonablynecessary
to accomplish or evidence the agreements contained in or
contemplated by this Agreement.
29. Incorporation
of Exhibits.
All Exhibits
attached hereto
are hereby incorporated
herein as if
set forth
in full in this
Agreement.
1:\DOCS%EOROY%0010AAAOJ D/9000 -32- ainero2a2
IN WITNESS WHEREOF, the Parties have executed this
Agreement as of the date first written above.
Dated:
ATTEST:
APPROVED AS TO FORM:
Dated:
1991
CITY OF SANTA CLARITA
By:
Mayor
, 1991 By:
[:UX)CS ECLROvwmaunO.iwr0000 -33- Oin8192-12
STATE OF CALIFORNIA )
ss.
COUNTY OF 1
On this day of , in the year
1991, before me, the undersigned, a Notary Public, in and for said
State and County, personally appeared ,
personally known to me (or proved to me on the basis of satisfact-
ory evidence) to be the person who executedthis instrument as
of the City of Santa Clarita and acknowledged
that the City of Santa Clarita executed it.
WITNESS my hand and official seal.
Notary Public:
STATE OF CALIFORNIA
ss.
COUNTY OF
On this day of 'in the year
1991, before me, the undersigned, a Notary Public, in and for said
State and County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed this
instrument as the of ,
a California and acknowledged to me that such
partnership executed the within instrument.
WITNESS my hand and official seal.
Notary Public:
R\OOCS'SEC%ROY\OOIOAAAOJZD19000 -34- 01/29/92-12
Exhibit A
[Map of Property]
I:IDOCSISMROYIOOIOAAAO.JZD/9000 -35- - - 0112BJ92-12
Exhibit B
[Legal Description of Property]
1:1DOCS%SMROY\OOIOAAAOJZDl9000 -36- 01128!92-12
Exhibit D
I. Uses permitted without master planning:
A. RS (Residential Suburban)
B. For that portion subject to the Valley Center overlay on
the Land Use Map of the General Plan, any use permitted
under the Valley Center Concept as set forth in Table L-4
of the General Plan on the effective date.
II. Uses permitted with master planning:
Mixed uses implemented through a master planning concept,
including but not limited to: specialty retail.commercial,
office park, low to high density, interconnected open space
and greenbelts, educational facilities, a commuter rail
station and public parks as may be implemented by a specific
plan(s).
1ADOCS%SEOROY50010AAAOJ7Dl9000 -38- 01128192-12
CONDITIONS OF APPROVAL R
t
DEVELOPMENT AGREEMENT NO. 91-007 y
(EXHIBIT "B")
1. This development agreement shall not exempt the pending specific plan from
any requirements to construct or bond for infrastructure. The site shall
be developed via a specific plan, and any other applicable entitlements to
implement the specific plan.
2. The project site shall be subject to all ordinances drafted to implement
the General Plan. The project site will. be subject to the Congestion
Management Program. The project site and any future development shall
also be subject to increases in Bridge and -Thoroughfare fees, Quimby fees,
Building and Safety fees, and the like.
3. This agreement does not permit the the applicant,. owner, and any future
owners to offset any fees that may result from any future LACTC
requirements for regional transportation infrastructure in an amount equal
to the fair market value of the property dedicated to the City.
4. The invalidity of the agreement shall not invalidate any dedication of
property to the City.
5. The City Council's decision shall be final in any dispute.
6. Section 6(b) shall be amended to include the following: Whittaker. shall
acquire and grant to the City such offsite improvements for streets and
drainage as are required'£or development of the Project Site by such
applicable rules and subsequent consistent rules. The applicant shall
reimburse the City for any costs that the City may incur in obtaining such
offsite improvements if the applicant is unable to acquire them.
7. The development agreement shall not in any way be deemed to predetermine
the approval of the specific plan application pending on the project site.
The development agreement does not approve any development entitlements.
8. The density range identified by the General Plan for the site does not
provide a guaranteed allowance of any specific density, and other
constraints may influence allowable densities. All uses of the project
site shall be determined in conjunction with the pending specific plan
and/or other entitlements on the property. No uses are permitted with
this development agreement.
9. The development agreement provides for the donation of approximately five
(5) acres to the City for the proposed commuter rail station. This shall
be amended to state that the entire commuter rail station site shall be
donated to the City for any and all uses at the City's discretion, whether
used for a commuter rail station or not.
10. Language in the development agreement which obligates the City to
participate in shared parking arrangements shall be eliminated entirely..
11. The City shall receive, review and approve the toxics report prior to
acceptance of the property. The applicant shall be responsible to remove
any toxic wastes, pay any costs. associated with this effort, obtain the
necessary approvals and clearances from the appropriate agencies, and
provide documentation substantiating this to the satisfaction of the City.
KMK:374
r:"CIVEIX
J: -I2 IJ 2
LYNN N1. HARRIS
Director of Community DWW
January 29, 1992
Ms. Lynn Harris
Community Development Director
23920 Valencia Boulevard, Suite 300
City of Santa Clarita, CA 91355
Re: Development Agreement 91-007
Appeal of Planning Commission
Dear Lynn:
A -ADEN
The Anden Group
1932 DEERE AVENUE, SUITE 200
SANTA ANA, CA 92705
P.O. BOX 4097
BALBOA, CA 92661
Tel.: (714) 252-0200
Fax: (714) 252-0404
Summarized below is Anden's land. dedication offer to the City, described in the
proposed Development Agreement which is the topic of the subject appeal. This
property offered to the City for the commuter rail station has been valued at a minimum
of $5 - $8 million. It will be the City Council's decision to accept this property free
today or be obligated to pay for it in a few years. If the Development Agreement is
approved, the money saved can be directed to other City-wide transit needs. The savings
can also help to curtail the shortfall in bridge and thoroughfare fees and state funds.
The enclosed Development Agreement has been modified with your City Attorney's
input to incorporate revisions that respond to your staff's comments and to clarify any
misconception of this Agreement's intent.. Referring to the Conditions of Approval,
included in the staff report, and referenced below, all of the following concessions have
been made:
1. The commuter rail station lease has been separated from this application and is an
independent item. This renders Conditions 2 m, n, o inapplicable.
2. The following conditions have been accepted in order to fulfill the criteria of
substantial public benefit of the alternative recommendation of approval:
a) The land dedication has been increased to five (5.0) acres.
b) This is a single issue Development Agreement to vest the General Plan's
land use designation. No commitments to the Specific Plan Application are
requested. That program will come before you as a separate process to be
judged upon its own merits, the rate and timing determined accordingly. (2
a, i, k, 1)
Ms. Lynn Harris
January 29, 1992
Page 2
c) The Hillside Ordinance, Uniform Development Ordinance and all other
city ordinances will apply except future rate and timing ordinances. (2 a)
d) Future increases to city wide fees will apply including the Congestion
Management Program. (2 b)
e) A specific plan will be utilized to process future entitlement applications.
(1 a)
f) Specific numerical references to the City's Municipal Code have been
eliminated. (2 g)
g) The correct date of the General Plan's environmental impact report has
been inserted. (2 j)
h) The term of the Agreement is revised to ten (10) years. (2 c)
i) The City Attorney has approved the provision for arbitration. (2 d)
The remaining conditions, 2 h and e, apply to invalidation and enforceability of the
Development Agreement. Anden respectfully disagrees with your staff and maintains
that these provisions should remain in the interest of fairness.
In consideration of the valuable property offering, acceptance of the conditions, and
avoidance of commitments to the Specific Plan, Anden asserts that a substantial public
benefit is present and the Development Agreement should be recommended for
approval.
Yours truly,
THE ANDEN GROUP
Salvatore J. Veltri
Director of Planning
SJV:slc
cc: Whittaker Rail Station
ADEN
The Anden Group
1932 DEERE AVENUE, SUITE 200
SANTA ANA, CA 92705
P.O. BOX 4097
BALBOA, CA 92661
Tel.: (714) 252-0200
January 8, 1992 Fax: (714) 252-0404
Mr. Kevin Michel
Community.Development
23920 Valencia Boulevard
City of.Santa Clarita, CA 91355
Re: Development Agreement 91-007
Dear Kevin:
The Anden Group is appealing the Planning Commission's January 7,
1992 recommendation of denial regarding the subject topic. The
Anden Group requests that this matter be placed on the City
Council agenda at the earliest convenient opportunity. A check
in the amount of $465.00 is enclosed.
Should you wish to discuss this matter do not hesitate to call.
Sincerely,
THE ANDEN }G CUP
Salvat
ore. J. Veltri
Director of Planning _-
SJV:slc
Enc.
CITY OF SANTA CLARITA
N E G A T I V E D E C L A R A T I O N
[X] Proposed [ ] Final
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PERMITJPROJECT:Development Agreement 91-007
APPLICANT: The Anden Grouo MASTER CASE NO: 91-172
LOCATION OF THE PROJECT: Adjacent to and southerly of Soledad Canyon Road
and east of San Fernando Road, City of Santa Clarita, CA.
DESCRIPTION OF THE PROJECT: The applicant is requesting approval for a
development agreement for the 996 acre Bermitee-property .(the project site).
The development agreement proposes the following:
1. Vesting of the General Plan land use designations for the project
site. The project site is designated Residential Suburban (3.4 to
6.6 dwelling units per acre) with a Valley Center overlay.
2. Permission to develop uses at the density and intensity allowed by
the General Plan at the existing development standards, though no
particular development is proposed with this application.
3. Vesting of "applicable rules", which includes zoning and building
regulations and policies in effect on the date that the agreement
is approved. This could have the effect of vesting current
development fees.
4. Exemption from any moratorium or growth control measure, ordinance
or regulation, relating.to the rate, timing, or sequencing of the
development of the project site. This would include exemption
from the CARRING initiative which may result in a limit on the
number of building permits issued each year.
5. Exemption from Congestion Management Program (CMP) fees in an
amount equal to the fair market value of the dedicated property.
6. An agreement term of twenty (20) years.
In exchange for the above, the applicant is offering the dedication of 2.5
acres (which the applicant estimates to be worth $2,000,000) to the City of
Santa Clarita to be used for a commuter rail station and the conveyance of
easements to the City necessary to facilitate the construction of
infrastructure. The proposal also includes a lease agreement (with .an
option to purchase) for up to ten additional acres also to be used by the
City for the commuter rail station. .
Based on the information contained in the Initial Study prepared for this
project, and pursuant to the requirements of Section 15065 of the California
Environmental Quality Act (CEQA), the City of Santa Clarita
[X] City Council
[ ] Planning Commission
[ ] Director of Community Development
finds that the project as proposed or revised will have no significant
effect upon the environment, and that a Negative Declaration shall be
adopted pursuant to Section 15070 of CEQA.
Mitigation measures for this project
[ ] are not required. [X] are attached. [ ] are not attached.
.smm.a..._m...esa.aaa..a.=.e.= .,a...s».=a...aaa..=...... ---- =........... =sa
LYNN M. HARRIS
DIRECTOR OF CO
Prepared
Reviewed
) c
Approved by:�
(Signature)
(Name/Title)
(Name/Title)
Kevin Michel, Senior Planner
(Name/Title)
Public Review Period From -/ To
Public Notice Given On ! /By:.
[X] Legal advertisement. '[XJ Posting of properties. [X] Written notice.
CERTIFICATION DATE
RESOLUTION NO. P92-03
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
DENYING DEVELOPMENT AGREEMENT 91-007
FOR THE BERMITE PROPERTY
WHEREAS, the Planning Commission finds that significant public
benefit does not arise from execution of the development agreement; and
WHEREAS, the commuter rail station site may be obtained by the City
of Santa Clarita through the execution of a lease agreement; and
WHEREAS, the development agreement would exempt the project site
from the CARRING initiative, which would limit the number of building permits
for residential units, to 475 a year and has qualified to be placed on the
ballot in April; and
WHEREAS, the Planning Commission does not wish to preempt a citizen
initiative
NOV, THEREFORE, BE IT RESOLVED, that the Planning Commission of the
City of Santa Clarita does -hereby deny Development Agreement 91-007.
PASSED, APPROVED AND ADOPTED this 16th day of January, 1992.
Jack Woodrow, Vice -Chairman
Planning Commission
ATTEST:
L 1 arris
Dire or of Community Development
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF SANTA CLARITA )
I, Donna. M. Grindey, do hereby certify that the foregoing Resolution was
duly adopted by the Planning Commissionof the City of Santa Clarita at a
regular- meeting thereof, held on the 16th day of January, 1992, by the
following vote of the Planning Commission:
AYES: COMMISSIONERS: Modugno, Brathwaite, Woodrow, and Doughman
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Cherrington
` nna M. Grindey
ity Clerk
KMK:378
RESO P92-03
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