HomeMy WebLinkAbout1996-02-27 - ORDINANCES - DEVAGMT 93 002 WHITAKER (2)ORDINANCE NO. 96.4
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF SANTA CLARITA
APPROVING THE DEVELOPMENT AGREEMENT 93.002 WITH NORTHHOLME
PARTNERS AND WHITTAKER CORPORATION FOR DEVELOPMENT OF A 996
ACRE PROPERTY KNOWN AS THE BERMITE SITE LOCATED SOUTH OF
SOLEDAD CANYON ROAD AND EAST OF SAN FERNANDO AND BOUQUET
CANYON ROADS
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The City Council does hereby make the following findings of fact:
a. Applications for Specific Plan 91-001 and Oak Tree Permit 91-033 (Master
Case No. 91-164) were filed by Anden Corporation, (the applicant) with the
City of Santa Clarita on October 25, 1991. These applications were deemed
complete on February 26, 1992. Subsequently the applicant submitted
applications for Vesting Tentative Tract Map 51599 and Development
Agreement 93-003 (Master Case No. 93-012) on February 2, 1993. On March
9, 1993 the City deemed the application complete. The City was notified in
August 1993 that Northolme Partners was the new project applicant.
The site is known as the Bermite site located south of Soledad Canyon Road,
east of Bouquet Canyon Road/San Fernando Road; north of the Circle J Ranch
Community; and west of the Golden Triangle Industrial area. The assessor
parcel numbers for the project are 2836-012-010, 011, 012 and 019.
b. Resolution 95-41, adopted on May 9, 1995, approved Specific Plan 91-001, Oak
Tree Permit 91-033 (Master Case No 91-164) and Vesting Tentative Tract Map
51599 (Master Case No. 93-12) to subdivide the 996 acre Bermite Site and to
allow the following land uses: 406.95 acres for open space, 41.75 acres for
parks and recreation, 10 acres for schools, 56 acres for streets, 4 acres for
institutional uses, 299.8 acres for single family residential uses (1,244 units),
85 acres for multi -family residential uses (1,667 units) and 92 acres of
commercial and industrial uses. An oak tree permit request of the removal of
a marimum of 104 non -Heritage size oak trees and five Heritage size oak trees
out of the 182 oak trees located on-site was also approved
C. Ordinance 95-6 was adopted on September 12, 1995 which approved a zone
change to allow for Specific Plan 91-001.
d The General Plan presently designates the project site SP (Specific Plan) with
a Valley Center Overlay on the northwest portion of the site. The General
Plan specifically mentions the Bermite site as an area ideal for a specific plan.
Zoning on the site is presently SP (Specific Plan). The Development
Agreement is consistent with the goals, policies, general land uses, and
implementation programs contained in the General Plan, including the
Circulation Element, and makes reasonable provision for the use of certain real
property for commercial, industrial, residential, public facilities and parks, and
open space development and is consistent with the General Plan Land Use
designations for the site.
e. A Final EIR (FEIR) for the Porta Bella Project (Master Cases 91-164 and 93-
012-SCH #92041040), and FEIR Addendum and Mitigation Monitoring
Reporting Program was adopted by the City Council on April 27, 1995. A
Statement of Overriding Considerations was adopted by the Council on
September 12, 1995.
f. The Development Agreement was processed in the time and manner prescribed
by State and local law.
g. Duly noticed public hearings regarding the Development Agreement were held
by the Planning Commission on June 20, July 18, August 15, September 5,
and October 3, 1995.. These hearings were held at the City Council Chambers,
23920 Valencia Boulevard, Santa Quita, commencing at 7:00 p.m. At these
hearings the Planning Commission received staff reports and testimony from
the public and applicant.
h. The Planning Commission recommended to the Council to consider three
options with consideration based on length of the agreement - 15 -year
agreement, 20 -year agreement, and a 25 -year agreement.
Duly noticed public hearings regarding the Development Agreement were held
by the City Council on October 10, November 28 and December 12, 1995, at the
City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, commencing
at 6:30 p.m.
j. At the meeting of October 10, 1995, the City Council directed staff and the
applicant to prepare a 20 -year Development Agreement based upon the
Planning Commission recommendation.
SECTION 2. Based upon the above findings of fact, oral and written testimony and other
evidence received at the public hearings held for the project, and upon studies and
investigations made by the City Council and on its behalf, the City Council further finds as
follows:
a. At the hearings described above, the City Council considered staff
Presentations, staff reports, Planning Commission resolutions, applicant
presentations, and public testimony on the Development Agreement.
b. The 20 -year Development Agreement includes, but is not limited, to the
following deal points:
1. The Whittaker Corporation is a party to the Indemnity Agreement for
all purposes of indemnifying the City with respect to hazardous
materials on the property.
2. Design of Magic Mountain/Via Princessa Roadway: The developer shall
design the Magic Mountain/Via Princessa roadway to be a through
street, if feasible. The City shall consider the recommendations of
future traffic studies and developer may satisfy- this condition by
constructing the road improvements to meet then -existing traffic
requirements based upon revised traffic studies as approved by the
City.
3. The City will be a party to the CC&R's so that future HOA's cannot
disband or become inactive without City consent.
4. The 6.4 -acre Metrolink site will be dedicated to the City at the time the
first tract map records. The City will lease the site for one dollar per
year until that time, but not to exceed three years. After three years,
if no map has recorded, the City could exercise an option to lease the
site at market value, or purchase the site for $2.5 million plus the
increase in CPI for the intervening three years (approximate value: $2.5
million).
5. 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 Princesses to Rainbow
Glen will be required in Phase I instead of Phase H. (approximate
value $2.3 million)
6. Grading of the City site in the first phase of the project's grading, in
accordance with the approved City's Civic Center plans. (approximate
value $3 million)
Sewer, water, storm drainage and reclaimed water, brought to City site
for Civic Center use.
8. Radio repeater site provided.
9. Deed industrial 8 -acres to City at Golden Triangle and Redview.
(approximate value $1.8 million when graded.)
10. Deed institutional lot to City at Santa Clarita Parkway and Via
Princesses (approximate value $1.3 million)
11. Provide a location for temporary bus storage at the earliest time
practicable to the City's satisfaction.
C. The Development Agreement is consistent with the General Plan and Specific
Plan 91-001.
d. The Development Agreement complies with the Development Code and other
applicable ordinances, standards, policies, and regulations.
e. The Development Agreement will not:
1. Adversely affect the health, peace, comfort or welfare of persons
residing or working in the surrounding area; and,
2. Be materially detrimental to the use, enjoyment or valuation of
property of other persons located in the vicinity of the site; and,
3. Jeopardize, endanger, or otherwise constitute a menace to the public
health, safety or general welfare.
f. The Development Agreement provides for clear and substantial public benefit
to the City and residents along with a schedule for delivery of the benefit.
g. The Development Agreement provides a schedule for the development to be
constructed in phases to be initiated within specified time periods.
h. The construction of public facilities are required in conjunction with the
development including, but not limited to, vehicular or pedestrian rights of
way, drainage and flood control facilities, parks and other recreational
facilities, and sewers or sewage treatment facilities and road improvements
adequate to serve the development.
i. The Development Agreement, together with the Specific Plan and adopted
conditions of approval, satisfies the following findings of Section 17.03.010 of
the Unified Development Code:
1. Provides for the prohibition of one or more uses normally listed as
permitted, accessory, subject to the Director's Review, or subject to
permit in the zone where placed; and,.
2. Limits future development and specifies conditions under which further
development, not included within the agreement would occur; and,
3. Requires a faithful performance bond where deemed necessary to, and
in amount deemed sufficient to guarantee the faithful performance of
specified terms, conditions, restriction, and/or requirements of the
agreement. In lieu of the required bond, the applicant may deposit with
the City Clerk and assign to the City, certificates of deposit or savings
and loan certificates or shares equal in amount to the same conditions
as set forth herein; and,
4. Requires specified design criteria for the exteriors of buildings and
other structures, including signs; and,
5. Requires special yards, open spaces, buffer areas, fences and walls,
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landscaping, and parking facilities, including vehicular and pedestrian
ingress and egress; and,
6. Regulates nuisance factors such as noise, vibration, smoke, dust, dirt,
odors, gases, garbage, heat, and the prevention of glare or direct
illumination of adjacent properties; and,
7. Regulates operating hours and other characteristics of operation
adversely affecting normal neighborhood schedules and functions on
surrounding property.
SECTION 3. Based upon the foregoing facts and findings, the City Council hereby finds as
follows:
a. A FEIR, FEIR Addendum, Mitigation Monitoring and Reporting Plan (MMRP)
and Statement of Overriding Considerations for this project have been
prepared, circulated in compliance with the California Environmental Quality
Act, and adopted as certified as required by that Act.
b. The project is compatible with existing development in the area, and consistent
with the City's General Plan and Zoning.
C. The applicant has substantiated the findings for approval of a 20 -year
Development Agreement.
SECTION 4. The City Council hereby approves Development Agreement 93-002.
SECTION 5. This Ordinance shall become effective at 12:01 am. on the thirty-first day after
adoption.
SECTION 6. The City Clerk shall certify as to the passage of this Ordinance and cause it
to be published in the manner prescribed by law.
PASSED AND APPROVED this 27th day of February 19_26
A ST:
C TY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 96-4 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 13th day of
February _ 19-2.6--. That thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the 27th day of
February 1996 by the following vote, to wit:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
Smyth, Darcy, Heidt, Pederson, Boyer
None
ABSENT: COUNCIL MEMBERS None
aN CLERK
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