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Home My WebLink About1995-10-10 - AGENDA REPORTS - PORTA BELLA DEVELOPMENT AGMT (2)City Manager Item to be presented by: Rich Henderson PUBLIC HEARING DATE: October 10, 1995 SUBJECT: Porta Bella Development Agreement: Update on Planning Commission Deliberation DEPARTMENT: Community Development I This is a continued public hearing regarding the Porta Bella Development Agreement. At the Council's direction on August 22, 1995, the Planning Commission deliberated the various deal points to be included in the Development Agreement on September 5, 1995, and reached consensus on items to be included in either a 15, 20, and/or a 25 -year agreement. The items were consolidated into Resolution P95-21, which recommends that Council enter into a development agreement for any of the three durations. The Planning Commission adopted Resolution P95-21 on October 3, 1995. The resolution is attached. Staff will present a verbal report summarizing the Commission's deliberations. The three proposals for the Development Agreement are as follows: 1. 15 -Year Agreement a. The Whittaker Corporation becomes a party to the D.A., and will remain so for all purposes relating to City indemnification. b, The Magic MountainNia Princessa roadway will be designed to be a through street without the necessity to stop or slow down where the two connect. At a minimum, this will be accomplished as a temporary design if this link is built prior to the westerly link of Via Princessa. A 45 mph design speed is the goal. This would necessitate a re -design of the "T" or 90° turn at the intersection as approved by the City Council. c. The City will be a party to the CC&R's so that future HOA's cannot disband or S:ICOICOU CILIRRIOIOR.CMK 1016195 Continued To: Agenda Item: 5 become inactive without City consent. d.. The 6.2 -acre Metrolink site will be dedicated to the City prior to April 1, 1996 (when the lease payment would otherwise be due - approximate value: $2.5 million) e. Traffic Engineering Condition 12, (TE -12), which requires the construction of four full travel lanes on Magic Mountain Parkway from San Fernando Road to Via Princessa, and on Via Princessa to Rainbow Glen will be required in Phase I instead of Phase II: (approximate value $2.3 million) 2. Add to la -le Above For a 20 -Year Agreement a. Grading of the City site in the first phase of the project's grading. (approximate value $3 million) b. Utilities brought to City site, including reclaimed water. (approximate value $450,000.00) c. Radio repeater station installed., (approximate value $150,000.00) d. Deed industrial 8 -acres to City at Golden Triangle and Redview. (approximate value $1.8 million when graded.) e. Deed institutional lotto City at Santa Clarita Parkway and Via Princessa. (approximate value $1.3 million) 3. Add to 2a -2e Above For A 25 -Year Agreement a. $17.5 million expenditure on roads for which no reimbursement would accrue to developer, from Phase I requirements. b. Traffic Engineering Condition 16 (TE -16) moves from Phase III to Phase II, which requires construction of two travel lanes (6 lanes total) on Magic Mountain Parkway from San Fernando Road to Via Princessa, and Via Princessa 6 lanes from MMP to Rainbow Glen, with all adjacent drainage facilities and parkways, completed as a Phase II improvement. (approximate value $7.2 million) Receive report and Resolution P95-21, receive public testimony, determine duration and deal points of the Development Agreement, and direct staff to prepare a draft development agreement for City Council consideration. ATTACHMENTS Resolution P95-21. 1014195 RESOLUTION NO. P95-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA RECOMMENDING THAT THE CITY COUNCIL ENTER INTO DEVELOPMENT AGREEMENT 93-002 WITH NORTHHOLME PARTNERS FOR DEVELOPMENT OF THE SITE LOCATED SOUTH OF SOLEDAD CANYON.ROAD, EAST OF BOUQUET CANYON AND SAN FERNANDO ROADS, NORTH OF THE CIRCLE J RANCH COMMUNITIES AND WEST OF THE GOLDEN TRIANGLE INDUSTRIAL AREA, COMMONLY KNOWN AS THE BERMITE SITE THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: a. Government Code Section 65864, gd sea.. authorizes a city to enter into a development agreement with a developer of specific property in order that the developer may vest development standards and obtain additional years to complete a project in return for additional public benefits to the City; b. On May 9, 1995, the City Council of the City of Santa Clarita adopted Resolution No. 95-42 approving the Porta Bella Specific Plan (91-001), including Vesting Tentative Tract Map 51599 and Oak Tree Permit No. 91-033 for the "Porta Bella Project" to be developed on a site located south of Soledad Canyon Road, east of Bouquet Canyon and San Fernando Roads, north of the Circle J Ranch communities and west of the Golden Triangle industrial area in the City of Santa Clarita (the "Bermite Site"); C. On May 9, 1995, the City Council directed the Planning Commission to hold public hearings regarding a development agreement proposed by Northholme Partners, the developers of Master Case Numbers 91-164 and 93-012 ("Development Agreement 93-002"); d. On August 15, 1995, the Planning Commission held a public hearing on Development Agreement 93-002, which .was continued to the Planning Commission meeting of September 5, 1995; e. On September 5, 1995, the Planning Commission held a continued public hearing on the Development Agreement 93-002, received the report of the City staff and took testimony from the public regarding same, deliberated and reached a consensus that it should recommend to the City Council that it enter into Development Agreement 93-002 and approved the terms and conditions the Planning Commission recommended the City Council include in Development Agreement 93-002; f. The Porta Bella Project as approved by the City Council and Development Agreement 93-002 are consistent with the City's General Plan, as amended; SECTION 2. Now, therefore, the Planning Commission of the City of Santa Clarita does hereby resolve as follows: a. The Planning Commission recommends that the City Council enter into Development Agreement 93-002 with Northholme Partners for a period of either fifteen (15), twenty (20) or twenty-five (25) years; b. The Planning Commission recommends that terms and conditions, including but not limited to the following, be incorporated into Development Agreement 93-002: 1. If term of Development Agreement 93-002 is a period of fifteen (15) years, the conditions should include the following: a. The Whittaker Corporation should be made a party to Development 93-002 and should remain a party to the agreement for the entire period for all purposes related to indemnification of the City; b. Northholme shall design the Magic Mountain/Via Princessa roadway to be a through street without the necessity to stop or slow down where the two streets connect. At a minimum this design will be accomplished as a temporary design if the Magic Mountain/Via Princessa link is built prior to the westerly leg of Via Princessa. In any case, the design shall include a.minimum speed goal of 45 m.p.h. (This will necessitate a redesign of the "T' or 90° turn where Magic Mountain and Via Princessa meet which was approved by the City Council in its approval of the Porta Bella Project); C. The City shall be made a party to all conditions, covenants and restrictions (the "CC&IW) for the Porta Bella Project and the consent of the City will be required to permit any homeowners' association formed pursuant to the CC&Rs to disband or become inactive; d. Northholme shall grant to the City 6.2 acres of the 10 acre eidsting Metrolink train station located south of Soledad (including all transit facilities; i.e., the station and parking, which are now leased to the City) prior to April 1, 1996; e. Northholme shall comply with Traffic Engineering Condition 12 .(TE -12) in Phase I of the Porta Bella Project instead of in Phase II; 2. If the term of Development Agreement 93-002 is for a period of twenty (20) years, the conditions should include all of the conditions set forth above in subsection La through Le of this Section B plus the followin a. Northholme shall, at its sole cost, grade the City -owned 230+/ - acre site nest to the Bermite Site (the "City Site") in the first phase of the Project's grading (estimated cost $3 million); b. Northholme shall, at its sole cost, bring all utilities, including reclaimed water to the City Site (estimated cost $450,000); C. Northholme shall at its sole cost, install a radio repeater system station and system at a location to be selected by the City. It is recommended that the station and system be installed at the highest, or otherwise most advantageous, point in the City (estimated cost $150,000); d. Northholme shall, at its sole cost, deed to the City and grade eight (8) acres of industrial property located near the intersection of Golden Triangle and Redview (estimated cost $1.8 million, including grading); e. Northholme shall, at its sole cost, deed to the City and grade an institutional lot located at the comer of Santa Clarita Parkway and Via Princessa which was previously identified as a fire station site (estimated cost $1.3 million); 3. If the terms of Development Agreement 93-002 is for a period of twenty- five (25) years, the conditions should include all of the conditions set forth above in subsection La throueh Le and subsection 2.a through 2.e of this Section B. plus the following: a. Northholme shall, at its sole cost, expend $17.5 million dollars for roadway improvements pursuant to the approved Project, for which no reimbursement should accrue to Northholme pursuant to the Phase I requirements of the approved Project; b. As a part of the Phase II improvements, Northholme shall, at its sole cost, construct six (6) traffic lanes on Magic Mountain Parkway between San Fernando Road and Via Princessa, and six (6) traffic lanes on Via Princessa from Magic Mountain Parkway to Rainbow Glen, together with all adjacent drainage facilities and parkways (effectively moving Traffic Engineering Condition TE -16 requirements from Phase III of the Project to completion as a part of Phase H of the Project). 1995. PASSED, APPROVED AND ADOPTED this -` day of c_ .' ATTEST: 1 A Ken Pul p, Secretary, Planning Co mission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) f Linda(Townsley, Chairperson , Planning Commission I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the !rye- day of (' r4f, F) e� — 1995, by the following vote of the Planning Commission: AYES: COMMISSIONERS: Townsley, Brathwaite, Cherrington, Doughman and Modugno NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ' Ze�l- '-VITY CLERK p1ngmm\npb9521.cmk