HomeMy WebLinkAbout1997-12-18 - AGENDA REPORTS - N VALENCIA SP GPA (2)UNFINISHED BUSINESS
DATE:
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December 18, 1997
Item to be presented by: Jeffrey Lambert
SUBJECT. NORTH VALENCIA SPECIFIC PLAN AND ANNEXATION (MASTER
CASE NOS. 95-242, 96-120, 97-063), GENERAL PLAN AMENDMENT
97-001, SPECIFIC PLAN (PREZONE) 97-001, ANNEXATION AND
DEVELOPMENT AGREEMENT 96-001, ANNEXATION NO. 95-006,
TENTATIVE TRACT MAP 51931, OAK TREE PERMIT 97-009,
ENVIRONMENTAL IMPACT REPORT SCH # 96071077
DEPARTMENT: Planning and Building Services
IRWGIMAMN• • •�
1. Adopt Resolution No. 97-126 Certifying the Environmental Impact Report and Adopting
a Statement of Overriding Considerations;
2. Adopt Resolution No. 97-127 Approving General Plan Amendment No. 97-001, Tentative
Tract Map 51931, Annexation No. 95-006, and Oak Tree Permit 97-009;
3. Introduce Ordinance No. 97-19 (Specific Plan Zone Change);
4. Introduce Ordinance No. 97-20 (Annexation and Development Agreement); and
5. Adopt Resolution No. 97-149 Approving the Tax Transfer
The City Council opened the public hearing on this item at its November 4, 1997 meeting. This
item was continued to two additional public hearings on December 2, 1997 and December 9,
1997. At the December 9, 1997 meeting, the Council closed the public hearing and continued
the item to a special meeting on December 18, 1997.
Two issues remain to be resolved regarding this project. First, the Council asked for verification
that the Hart School District mitigation agreement had been reached. Second, the Council
asked for more discussion regarding the Santa Clara River buffer along the eastern portion of
the Lago de Valencia planning area.
SCHOOL DISTRICT MITIGATION
The Hart School District Board approved the proposed mitigation agreement at its December
2, 1997 meeting. This agreement is contingent upon the County's approval to amend The
Adopted: 2' -LL -9 I
gen a Iten-L
Newhall Land and Farming Company's park agreement for the North Park area. This
agreement needs to be amended to relocate a portion of the park obligation from the Decoro and
McBean area to the Newhall Ranch Road and McBean area, adjacent to the proposed Junior
High School site. The County Board of Supervisors is scheduled to approve this amendment at
their December 16, 1997 regular meeting and staff will provide a verbal update to the City
Council at the meeting. Upon approval of this park agreement amendment, the Hart School
District and The Newhall Land and Farming Company will execute the school mitigation
agreement and copies will be available for the Council at the meeting. Should the state reject
this site for any reason, the City, the School District and The Newhall Land and Farming
Company agree to replicate the terms of this agreement at another mutually agreed upon site.
SANTA CLARA RIVER B OFFER
The Council continued discussion regarding the Santa Clara River buffer along the easterly
portion of the Lago de Valencia planning area to the December 18, 1997 meeting. The specific
issue raised was whether the Council could support a buffer of 75 feet in this area as opposed
to the average buffer of 125 feet across the balance of the Specific Plan area. The Planning
Commission had lengthy discussions regarding this issue. They recommended the 75 foot buffer
in this area after hearing testimony from the Scientific Advisory Team (SAT) members and the
EER consultants, who believe additional buffer area would not improve the habitat or provide
increased flood protection. The Commission supported the line agreed to by both experts
throughout the project area. Staff will provide additional exhibits to help understand the nature
of the Santa Clara River, buffer and adjacent development.
TAX TRANSFER RESOLUTION
Pursuant to State law, distribution of property tax revenue derived from the area must be
negotiated and approved by a joint resolution of the City and the County of Los Angeles. The
Joint Resolution of Negotiated Property Tax Transfer (Resolution No. 97-149) was based upon
a standard formula agreed to by the County and the California League of Cities in 1979. A fiscal
impact analysis prepared independently by Economics Research Associates was used by staff
to evaluate the standard formula amount set forth in the resolution.
The proposed resolution provides for the transfer, from the County to the City; of property tax
revenue for fiscal years commencing July 1, 1999, or the July 1 after the effective date of the
annexation, whichever is later, Eighty -Six Thousand, Eight Hundred and Eighty -Four Dollars
($86,884) in property tax revenue, and an average of 5.9%a of the annual tax increment (ATI)
attributable to the fifteen (15) Tax Rate Areas within the annexation. The resolution also
provides for the transfer of all property tax revenue currently received by County Road District
No. 5 attributable to this area to the County of Los Angeles. Finally, the resolution contains
language stating that the City shall not adopt the ordinance approving a redevelopment plan
with respect to the proposed annexation without consulting the County regarding the allocation
of taxes.
After the City Council adoption of Resolution No. 97-149, the document will be transmitted to
LAFCO and will be set for action by the Los Angeles County Board of Supervisors.
I;rJMl�; .. u�iCy
1. Specific Plan (previously distributed)
2. Memorandum of Understanding (previously distributed)
3. Final EIR. (forwarded earlier under separate cover)
4. Ordinance No. 97-19 (Specific Plan Zone Change)
5. Ordinance No. 97-20 (Annexation and Development Agreement)
6. Annexation and Development Agreement
7. Resolution No. 97-126 (Certifying the Environmental Impact Report and Adopting
a Statement of Overriding Considerations)
8. Resolution No. 97-127 (Approving General Plan Amendment No. 97-001, Tentative
Tract Map 51931, Annexation No. 95-006, and Oak Tree Permit 97-009)
9. Resolution No. 97-149 (Approving Tax Transfer)
JJL1ep cd.counc11\nvcc1218,jj1
ORDINANCE NO. 97-19
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF SANTA CLARITA
APPROVING PREZONE 97.001 (MASTER CASE 97-041) FOR ANNEXATION
NO. 95-006 (NORTH VALENCIA) TO ALLOW FOR SPECIFIC PLAN 97-001,
WHICH CHANGES THE ZONING CLASSIFICATION FROM LOS ANGELES
COUNTY ZONE C2, M1112, and A2-5 TO CITY OF SANTA CLARITA ZONES
SPECIFIC PLAN (SP) AND OPEN SPACE (OS) AND AMENDS PORTIONS OF
ORDINANCE 96-12, AND ADOPTION OF THE NORTH VALENCIA SPECIFIC PLAN
TO ESTABLISH SPECIAL DEVELOPMENT STANDARDS TO ALLOW FOR THE
DEVELOPMENT OF A 706.6 ACRE PROPERTY KNOWN AS THE NORTH
VALENCIASPECIFIC PLAN AREA LOCATED WITHIN THE 858 ACRE NORTH
VALENCIA ANNEXATION AREA IN THE UNINCORPORATED AREA OF LOS
ANGELES COUNTY ADJACENT TO THE CITY OF SANTA CLARITA.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The City Council does hereby make the following findings of fact:
a. The North Valencia Annexation area is approximately 858 acres generally located
east of Anza Drive, south of Newhall Ranch Road, west of Bouquet Canyon Road
and Valencia Boulevard, and north of Magic Mountain Parkway and the Auto
Center in the unincorporated area of Los Angeles County adjacent to the City of
Santa Clarita. The North Valencia Specific Plan area is approximately 706.6
acres within the North Valencia Annexation area and is generally located south
of Avenue Hopkins and east of Anza Drive and the west side of San Francisquito
Creek, south of Newhall Ranch Road, west of Bouquet Canyon Road and Valencia
Boulevard, and north of Magic Mountain Parkway and the Auto Center in the
unincorporated area of Los Angeles County adjacent to the City of Santa Clarita.
In November 1995, the City and the Valencia Company entered into a non-
binding Memorandum of Understanding (MOU) regarding certain aspects of the
potential annexation of approximately 969 acres or unincorporated area in the
North Valencia area. At the time the MOU was adopted, the Valencia Company
stated their intention to request approvals for up to 3,690 dwelling units,
approximately 850,000 square feet of commercial uses, and 223,000 square feet
of industrial uses. Entitlements to be requested at the time of MOU approval
included a prezone, an annexation and development agreement, and tract maps.
b. A Prezone for the North Valencia Annexation area was approved in March 1996.
The City Council authorized the filing of an annexation request with LAFCO in
June 1996. Following the prezone, the applicant submitted entitlement requests
which are subject to environmental review. The annexation request is on hold at
the request of the City, pending approval of the environmental review.document
and approval of the requested entitlements.
Ord. 97-19
Page 2
C. On June 5; 1996, the applicant submitted the following entitlement requests:
(Master Case No. 97-120) Annexation and Development Agreement 96-001,
Annexation 95-006, Conditional Use Permit 96-010, TPM 20496 (Builder's South),
TPM 20669 (Valencia Industrial Center), TPM 18417 (Pony League), TPM 24516
(Overall Project Area), VTTM 51931 (Lago de Valencia), VTTM 51281 (South
River) and VTTM 44832 (Arbor Park). Incomplete letters were sent on these
entitlement requests in July and staff noted that an Oak Tree Permit would also
be required. In January 1997, the applicant formally withdrew the application
for a CUP and all of the tract and parcel maps except for VTTM 51931. The
applicant submitted the following entitlement requests: a Specific Plan document
including a comprehensive plan of development and development standards for
the North Valencia Specific Plan area and Prezone 97-001 to change the zoning
within the area to the City zone SP (Specific Plan). Following review of the
specific plan document and revised site plan, staff recommended that a general
plan amendment be filed in order for the requested entitlements to be consistent
with the City's General Plan. On March 12, 1997, the applicant filed a request
for an oak tree permit (OTP 97-009) to allow for possible encroachment upon oak
trees, and a general plan amendment (GPA 97-001) to: 1) Revise the text of the
Land Use Element Valley Center Concept narrative allowing for a North Valencia
Specific Plan; and 2) revise the General Plan Land Use Map.
d. The applicant requests an annexation, a general plan amendment including an
amendment to the text of the Land Use Element Valley Center Concept narrative
and an amendment to the Land Use Map, a prezone to specific plan, and adoption
of a specific plan document including a comprehensive plan of development and
development standards for the North Valencia Specific Plan area. The
development application includes the proposed annexation of approximately 858
acres of unincorporated Los Angeles County land located adjacent to the City
boundary. The entire 858 acres was previously prezoned to City zoning
designations through Ordinance No. 96-12. This request would amend portions
of Ordinance No. 96-12 to establish the City of Santa Clarita Zone Specific Plan
(SP) over 706.6 acres on the areas known as the North Valencia Specific Plan
area. The remaining acreage in the annexation area would remain as previously
prezoned by Ordinance No. 96-12. The Specific Plan request includes
entitlements for up to 2,000 dwelling units (750 single family detached, 1,250
multi -family attached), 636,000 square feet of commercial/retail, 167,000 square
feet of industrial/business park space, a 6.5 -acre elementary school site, a 15.2 -
acre lake/park, a 12.4 -acre community park, 4.9 acres of neighborhood parks,
355.6 acres of open space and over 5 miles of trails, Vesting Tentative Tract Map
51931 to subdivide 706 acres into 138 lots, an oak tree permit to allow
construction within 200 feet of the oak trees with no removals or encroachments
proposed, and review and certification of the Environmental Impact Report
(SCH#96071077) prepared for this project. An "Annexation and Development
Ord. 97-19
Page 3
Agreement" was also requested, which was presented to and approved by the
City Council through Ordinance No. 97-20.
e. The original North Valencia Specific Plan request excluded a .5 acre Southern
California Gas Facility located on Magic Mountain Parkway; however, this area
has been included within the Specific Plan area in accordance with good planning
principles. The North Valencia Specific Plan area is bisected by the MWD
pipeline property which is excluded from the Specific Plan prezone; however, this
area is proposed to be prezoned Open Space (OS) in order to be consistent with
the surrounding uses proposed in the Specific Plan.
E The General Plan presently designates the project site Commercial Town Center
(CTC), Community Commercial (CC), Business Park (BP), and Residential
Moderate (RM) with a Valley Center Concept Overlay on the majority of the site.
The General Plan does not specifically mention the North Valencia site as an
area ideal for a specific plan; however, the site does meet the minimum size of
100 contiguous acres under single ownership as identified in the Specific Plan
zoning standards of the City's Unified Development Code. Zoning on the site is
presently Los Angeles County zones C2, Ml 1/2, and A2-5 and has already been
prezoned City of Santa Clarita zones CTC, CC, BP, and RM.
g. The North Valencia Specific Plan area is vacant, generally flat, and was used for
agricultural purposes. The portion of the annexation area not included in the
Specific Plan is flat and.already developed with industrial and commercial uses.
Major features of the annexation area include the Santa Clara River, the South
Fork of the Santa Clara River, San Francisquito Creek, Bouquet Creek, a portion
of the San Gabriel Fault Alquist-Priolo Special Studies Zone, the MWD aqueduct
pipeline and electrical transmission corridors.
h. Article 8— Specific Plans Sec. 65451 et sec of the California Planning and Zoning
Laws defines the contents which must be included in a specific plan as follows:
(a) A specific plan shall include a text and a diagram or diagrams which specify
all of the following in detail:
(1) The distribution, location, and extent of the uses of land, including
open space, within the area covered by the plan.
(2) The proposed distribution, location, and extent and intensity of major
components of public and private transportation, sewage, water drainage,
solid waste disposal, energy, and other essential facilities proposed to be
located within the area covered by the plan and needed to support the
land uses described in the plan.
Ord. 97-19
Page 4
(3) Standards and criteria by which development will proceed, and
standards for the conservation, development, and utilization of natural
resources, where applicable.
(4) A program of implementation measures including regulations,
programs, public works projects, and financing measures necessary to
carry out paragraphs (1), (2), and (3).
(b) The specific plan shall include a statement of the relationship of the specific
plan to the general plan.
i. Section 17.16.030 of the City's Unified Development Code (UDC) identifies
general requirements and performance standards for a specific plan zone. A
Specific Plan Zone shall:
(a) Include a minimum of 100 contiguous acres.
(b) Be determined by the Council after considering the recommendation of the
Planning Commission.
(c) Provide for the development of a comprehensively planned community within
the zone that is superior to development otherwise allowable under alternate
regulations.
(d) Provide for development within the zone in a manner consistent with the
General Plan and with related development and growth policies of the City.
(e) Provide for the construction, improvement, or extension of transportation
facilities, public utilities, and public services required by development within the
zone.
The design of the project concentrates development within areas previously used
for agricultural uses and includes preservation of approximately 295.6 acres of
open space as part of the Santa Clara River Conservation Area as identified in
the North Valencia Specific Plan document. The project proposes grading on
approximately 281 acres of the 858 acre annexation site. The total amount of
grading involves approximately 1.4 million cubic yards of cut and 2.7 million
cubic yards of on-site fill and 1.5 million cubic yards of off-site earth to be
imported. Movement of 850,000 cubic yards of the necessary off-site fill has been
approved from the northeast corner of McBean Parkway and Newhall Ranch
Road through Conditional Use Permit 96-013 (MC#96-236) and from the area
known as the Center City Specific Plan area located east of the present terminus
of Newhall Ranch Road, east of Bouquet Canyon Road.
Ord. 97-19
Page 5
k. The City of Santa Clarita prepared an Initial Study for the project which
determined that the project may have a significant effect on the environment and
that an environmental impact report must be prepared. A Notice of Preparation
(NOP) for the annexation, annexation and development agreement, tentative
tract maps, conditional use permit, and oak tree permit was mailed in July 1996
to affected agencies. A scoping meeting was held at the Valencia Town Center
Conference Room on August 7, 1996 to obtain information from the public as to
issues which should be addressed in the environmental document. A substantial
revision to the project occurred in January 1997, which included the withdrawal
of the conditional use permit application and six of the tentative maps, and the
subsequent filing of a request for a prezone, specific plan document, general plan
amendment, and revised vesting tentative tract map 51931. Following the
revisions to the project, a subsequent NOP was prepared and mailed in May
1997.
1. The North Valencia Specific Plan Draft Environmental Impact Report (DEIR)
was circulated for review and comment by the affected governmental agencies
and all comments received have been considered. The review period for the DEIR
was from August 1, 1997 to September 15, 1997. Late comments were accepted
until September 22, 1997 to allow for mail delays. A Final EIR (FEIR) dated
October 1997 was prepared in accordance with CEQA and includes the DEIR,
responses to comments received on the DEIR, minor corrections and clarifications
to the EIR text, and a Mitigation Monitoring and Reporting Program (MMRP).
As a result of staff, public and Planning Commission comments on the project and
the DEIR., the applicant has made corrections and modifications to the proposed
Specific Plan document text and to Vesting Tentative Tract Map 51931. None of
these Specific Plan changes or modifications would result in additional
environmental impacts. The FEIR was recommended for adoption by the
Planning Commission simultaneously herewith pursuant to Resolution P97-19.
in. The Planning Commission went on a field visit to the North Valencia site on
Saturday, May 31, 1997 at 9:00 a.m., beginning in the Council Chambers for the
purpose of becoming familiar with the site and its conditions.
n. The City Council held a study session on this project on June 3, 1997 and
received an informational report on the status of this project. At that Council
Study Session the Council approved a preliminary processing schedule for this
project which identified various Planning Commission public hearing dates and
specific project topics to be discussed at each of these meetings. The goal of this
processing schedule was to reduce redundancy and allow the Commission and the
public to better prepare for the meetings. This processing schedule allowed for
each issue area of the Draft EIR to be discussed. in a public forum during the
Draft EIR public comment period to allow for maximum public participation, with
numerous opportunities for the public to ask questions and receive information
concerning the environmental document and the project.
Ord. 97-19
Page 6
o. The. Planning Commission received an informational presentation about the
North Valencia Specific Plan proposal at their regularly scheduled meeting on
June 17, 1997, at 7:00 p.m. at the City Council Chambers, 23920 Valencia
Boulevard, Santa Clarita. This presentation was given by staff to distribute
copies of the proposed North Valencia Specific Plan dated June 1997 and the
proposed Vesting Tentative Tract Map 51931 version dated June 13, 1997, to
provide the Commission with a background on the project application and to
provide the Commission with a review of the entitlements requested.
P. The Draft Environmental Impact Report (SCH # 96071077 ) for this project was
distributed to the Planning Commission and to the public on August 1, 1997.
This document was circulated for a 45 -day public review beginning on August 1,
1997 and ending on September 15, 1997. The public review period was extended
one week to end on September 22, 1997 to allow for receipt of letters that may
have been delayed in the mail.
q. The Planning Commission has held duly noticed public hearings on this issue
commencing on July 1, 1997 and continuing on July 9, 1997, July 23, 1997,
August 5, 1997, August 13, 1997, August 19, 1997, August 25, 1997, September
2, 1997, September 10, 1997, September 24, 1997, October 7, 1997, October 15,
1997, and October 30, 1997. These public hearings have been held at 7:00 p.m.
at City Hall, 23920 Valencia Boulevard, Santa Clarita.
r. On October 30, 1997, the Planning Commission adopted a recommendation that
the City Council adopt an ordinance approving the requested prezone,
annexation, and specific plan document.
S. The City Council held duly noticed public hearings on this project commencing
on November 4; 1997. Subsequent meetings regarding the project were held on
November 25, 1997, December 2, 1997, December 9, 1997, and December 18,
1997. On December 18, 1997, the City Council certified the FEIR for this project
(Resolution 97-126), held the first reading of this ordinance, waived further
reading of the ordinance, and continued this item for a second reading on
January 13,.1998. On January 13, 1997, the City Council having waived further
reading, completed the second reading in order to approve the North Valencia
Annexation and Specific Plan, including: (a) approval of prezone 97-001 to allow
for a, specific plan, which includes a zoning reclassification from Los Angeles
County Zone C2, Ml 1/2, and A2-5 to City of Santa Clarita Zone Specific Plan
(SP) and Open Space (OS); and (b) the adoption of the Specific Plan document
which establishes special development standards for the North Valencia Specific
Plan area. With the exception of the December 18, 1997 meeting, all public
hearings on the project were held at 6:30 p.m., at the City Council Chambers,
23920 Valencia Boulevard, Santa Clarita. The December 18, 1997 meeting, was
held at 8:00 a.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa
Clarita.
Ord. 97-19
Page 7
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 Planning Commission and 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 staff reports and resolutions, applicant
presentations; public testimony on the proposal, and the FEIR prepared for the
project.
b. The Specific Plan provides for development standards and types of public and
private improvements that will not cause serious public health problems, since
access, water, sewage disposal, fire protection, and solid waste disposal are
addressed in the MMRP and Conditions of Approval.
C. The project complies with the general requirements and performance standards
for the Specific Plan Zone and the Open Space Zone. The North Valencia Specific
Plan is consistent with the intent of the Specific Plan Zone which was created to:
facilitate development of certain areas by permitting greater flexibility and
consequently, more creative and imaginative designs; promote more economical
and efficient use of land while providing a harmonious variety of choices, higher
level of amenities, and preservation of natural and scenic qualities of open space
and waterways; and ensure that development substantially conforms to the
approved plans. The Open Space Zone proposed over the MWD property is
consistent with the existing and planned use of the site and with the surrounding
uses existing and envisioned in the North Valencia Specific Plan. The area
included in the Specific Plan Zone and the Open Space Zone was previously
prezoned by adoption of Ordinance 95-12 and that ordinance is herein amended
to reflect this prezone request as shown on the attached map (Exhibit A).
d. The Final Environmental Impact Report identifies certain significant
environmental effects. The Final Environmental Impact Report identifies
feasible mitigation measures for each of these impacts with the exclusion of air
quality, visual resources, agricultural resources, solid waste disposal, and biota,
which cannot be avoided through mitigation. The identified mitigation measures
have been incorporated into the Mitigation Monitoring Reporting Plan (MMRP)
and conditions of approval for the project.
SECTION 3. Based upon the foregoing facts and findings, the City Council
hereby finds as follows:
a. A FEIR, including the Draft EIR, Responses to Comments, Text Changes to the
DEIR and Mitigation Monitoring and Reporting Plan (MMRP), and the Statement
of Overriding Considerations for this project have been prepared and circulated
in compliance with the California Environmental Quality Act (CEQA). The
Ord. 97-19
Page 8
Planning Commission adopted Resolution P97-19 recommending that the City
Council certify the FEIR and adopt a Statement of Overriding Considerations.
The City Council certified the FEIR and adopted the Statement of Overriding
Considerations through adoption of Resolution 97-126.
b. This project as modified by the Planning Commission and City Council will not
adversely affect the health, peace, comfort or welfare of persons residing in the
area; nor be materially detrimental to the use, enjoyment, or valuation of
property in the vicinity of the project site; nor jeopardize, endanger or otherwise
constitute a menace to the public health, safety, or general welfare since the
project conforms with the City's General Plan, Unified Development Code and is
compatible with surrounding land uses.
C. The applicant has substantiated the findings for approval of a Specific Plan and
Zone Change. The Specific Plan document includes the items required of a
Specific Plan by Article 8-- Specific Plans Sec 65451 et seq of the California
Planning and Zoning Laws.
SECTION 4. The City Council hereby approves Prezone.-07,OQ1-cnpsisting of a zone
change from Los Angeles County Zone C2, MI 1/2, and A2-5.tp City of Santa\Clarita Specific
Plan (SP) and Open Space (OS) as shown on the attached map (Exhibit A), amends portions of
Ordinance 96-12, and adopts the North Valencia Specific Plan documentlincluding special
development standards) as amended by the Planning Commission_andlthe City Council and
herein incorporated by reference (Exhibit B).
SECTION 5. This Ordinance shall become effective at 12:01 a.m. 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.
Ord. 97-19
Page 9
PASSED AND APPROVED this day of 19_.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance No. was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the day of ,
19 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting
of the City Council on the day of 19 by the
following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK
LHS
s:\cd\council\nvlordl.lhs
ORDINANCE NO. 97-20
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF SANTA CLARITA
APPROVING THE ANNEXATION AND DEVELOPMENT AGREEMENT
NO. 96-001 WITH THE VALENCIA COMPANY FOR THE ANNEXATION OF
858 ACRES OF PROPERTY AND THE DEVELOPMENT OF 706.6 ACRES OF
SUCH PROPERTY KNOWN AS THE NORTH VALENCIA SPECIFIC PLAN
AREA LOCATED SOUTH OF NEWHALL RANCH ROAD, WEST OF BOUQUET
CANYON ROAD AND VALENCIA BOULEVARD, NORTH OF MAGIC
MOUNTAIN PARKWAY AND THE AUTO CENTER, AND EAST OF ANZA
DRIVE
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. A prezone (MC: 95-242 / PZ: 95-006) was approved on April 16, 1996 by
the City Council for portions of the North Valencia Annexation area
through Ordinance No. 96-12. An annexation request for the North
Valencia Annexation (Annexation No. 95-006) was filed with LAFCO in
June, 1996 following the direction of the Council on June 11, 1996
(Resolution 96-84). Following the prezone and filing of the annexation
request by the City, the Valencia Company ("Applicant") submitted the
entitlement requests noted below for a portion of the annexation area
known as the North Valencia Specific Plan Area. The City's annexation
request is on hold at LAFCO at the request of the City and the applicant
pending approval of the project's environmental review document and
entitlement requests.
b. On June 5, 1996, the applicant submitted the following entitlement
requests (Master Case No 96-120): Annexation and Development
Agreement 96-001, Annexation 95-006, Conditional Use Permit 96-010,
TPM 20496 (Builder's South), TPM 20669 (Valencia Industrial Center),
TPM -18417 (Pony League), TPM 24516 (Overall Project Area), VTTM
51931(Lago De Valencia), VTTM 51281 (South River) and VTTM 44832
(Arbor Park). Incomplete letters were sent on these entitlement requests
in July with staff noting that an Oak Tree Permit would also be required.
In January 1997, the applicant formally withdrew the application for a
conditional use permit and all of the tract and parcel maps with the
exception of VTTM 51931. The applicant then submitted the following
entitlement requests: a Specific Plan document including a comprehensive
plan of development with specialized development standards for the
North Valencia Specific Plan area; Prezone 97-001 to change the zoning
within the area to the City's SP (Specific Plan) zoning designation; Oak
Tree Permit 97-009 to allow for possible encroachment upon oak trees;
and General Plan Amendment 97-001 amending the text of the Land Use
Element Valley Center Concept narrative to allow for a North Valencia
Specific Plan, as well as an amendment to the General Plan Land Use
Map.
c. The development application includes the proposed annexation of
approximately 858 acres of unincorporated Los Angeles County land
located adjacent to the City boundary. The applicant's request amends
portions of Ordinance No. 96-12 to establish the City of Santa Clarita
prezone SP (Specific Plan) over 706.6 acres of the proposed annexation
area: the remaining acreage in the annexation area will be as previously
prezoned by Ordinance No. 96-12. The Specific Plan request includes
entitlements for up to 2,000 dwelling units (750 single family detached,
1,250 multi -family attached), 636,000 square feet of commercial/retail use,
167,000 square feet of industrial/business park space, a 6.5 -acre
elementary school site, a 15.2 -acre lake/park, a 12.4 -acre community
park, 4.9 acres of neighborhood parks, 355.6 acres of open space, and over
5 miles of community trails, Vesting Tentative Tract Map 51931 to
subdivide 706.6 acres into 138 lots, an Oak Tree Permit to allow
construction within 200 feet of the oak trees with no removals or
encroachments currently proposed, and review and certification of the
Environmental Impact Report (SCH#96071077) prepared for the project.
The site is known as the North Valencia Specific Plan area and is
generally located south of Newhall Ranch Road, west of Bouquet Canyon
Road and Valencia Boulevard, north of Magic Mountain Parkway and the
Auto Center, and east of Anza Drive.
d. The Annexation and Development Agreement has been processed
concurrently with the entitlement requests listed in Section 1(c) above.
The approval of General Plan Amendment 97-001 would designate the
site as SP (Specific Plan) and would implement the Valley Center Concept
of the General Plan. The Annexation and Development Agreement is
consistent with the City's General Plan and Zoning Land Use
classifications, and the intensity of development allowed in the Specific
Plan area with: 1) Council approval of the Specific Plan General Plan
Amendment; 2) approval of a zone change on the property to SP. (Specific
Plan); 3) adoption of the project's Specific Plan Document; 4) approval of
a zone change for the Metropolitan Water District (MWD) site to OS
(Open Space); 5) approval of Vesting Tentative Tract Map 51931; 6)
approval of Oak Tree Permit 97-009; and 7) review and certification of the
Environmental Impact Report prepared for the project.
e. The City Council's approval of Ordinance 97-19 prezones 706.6 acres of
the annexation property to SP (Specific Plan). City Council adoption of
Resolution 97-126 certifies the Final Environmental Impact Report for the
project, and Council adoption of Resolution 97-127 approves the project's
entitlements as listed above. With these actions complete, the
Annexation and Development Agreement is found to be consistent with
the goals, policies, general land uses and implementation programs
contained in the General Plan, including the Circulation Element.
Furthermore, the Annexation and Development Agreement makes
reasonable provision for the use of certain real property for commercial,
industrial, residential, public facilities and parks, and open space
development.
f. The Annexation and Development Agreement was processed in the time
and manner prescribed by State and local law.
g. The Planning Commission held duly noticed public. hearings on the North
Valencia Annexation and Specific Plan (and related entitlements)
commencing on July 1, 1997 and continuing on July 9, 1997, July 23,
1997, August 5, 1997 August 13, 1997, August 19, 1997, August 25, 1997,
September 2, 1997, September 10, 1997, September 24, 1997, October 7,
1997, October 15, 1997, and October 30, 1997. These public hearings have
been held at 7:00 p.m. at the City Council Chambers, 23920 Valencia
Boulevard, Santa Clarita.
h. Discussion specifically regarding the deal points of the Annexation and
Development Agreement were held by the Planning Commission at the
public hearings of October 15, 1997 and October 30, 1997. These hearings
were held at the City Hall Orchard Rooms and City Council Chambers,
respectively, at 23920 Valencia Boulevard, Santa Clarita, commencing at
7:00 p.m. At these hearings the Planning Commission received staff
reports and testimony from the public and the applicant.
i. The City Council held duly noticed public hearing on the North Valencia
project commencing on November '4, 1997. Subsequent meetings
regarding the project were held on November 25, 1997, December 2, 1997,
December 9, 1997, and December 18, 1997. On December 18, 1997, the
City Council certified the FEIR for this project (Resolution No. 97-126),
approved the project entitlements (Resolution 97-127), held the first
reading of this ordinance, waived further reading of the ordinance, and
continued the item for a second reading on January 13, 1998. On January
13, 1998, the City Council having waived further reading, completed the
second reading in order to approve the North Valencia Annexation and
Development Agreement. With the exception of the December 18, 1997
meeting, all of the public hearings were held at 6:30 p.m., at the City
Council Chambers, 23920 Valencia Boulevard, Santa Clarita. The
December 18, 1997 meeting was held at 8:00 a.m., at the City Council
Chambers 23920 Valencia Boulevard, Santa Clarita.
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 Annexation and Development
Agreement.
b. The 15 -year Annexation and Development Agreement includes, but is not
limited to, the following deal -points:
1. Annexation Cooperation. The applicant and the City will cooperate
to complete the annexation of the Annexation Area into the City.
2. Santa Clara River Conservation Area. The applicant will convey
295.6 acres of the Santa Clara River, for $1.5 million, to the City,
subject to a river conservation easement granted to the California
Department of Fish and Game. The boundaries of the River
Conservation Area and contiguous Planning Areas may be
modified upon the mutual agreement of the applicant and City.
An approved Corps of Engineers Permit will establish boundaries
where bank stabilization work will be permitted. If such
boundaries are revised, the City agrees to make corresponding
minor modifications to the River Conservation Area and
contiguous Planning Area boundaries, consistent with the Specific
Plan.
3. River Improvements. The Development Agreement incorporates
a "System for Landscaping and Improvement of River
Conservation Area." This System will include the following: a list
of pre -approved plants, trees, flowers, bushes, etc. that may be
planted within the River Conservation Area; a list of the types of
pre -approved improvements that may be made within and along
the River Conservation Area; specification of maintenance criteria
for landscaping and improvements; a phasing plan for installing
landscaping and improvements; a requirement that the applicant
expend $1.5 million on River Conservation Area landscaping and
improvements for habitat enhancement and recreational use;
release of the applicant's responsibility for maintenance, repair,
replacement and restoration of applicant installed landscaping and
other improvements (with the exception of any required riparian
mitigations in the river adjacent to the project's Lago de Valencia
planning area. The agreement recognizes that the cost of River
Conservation Area landscaping and improvements is likely to
exceed the $1.5 million commitment by the applicant and provides
that if the cost of such exceeds $1.5 million, the City shall use
reasonable efforts to reimburse the applicant for such excess to the
extent that the City has funds available from grants or other
sources.
0
4. Bank Stabilization. The area disturbed due to the implementation
of the Buried Bank Stabilization Option will be revegetated and
preserved as high quality upland habitat (after construction of the
buried bank stabilization element).
5. Maintenance. The applicant shall work with the City to establish
a Landscape Maintenance District for the maintenance of
improvements.
6. Buried Bank Stabilization Materials. The applicant will be
permitted to use gunite, grouted rip -rap, ungrouted rip -rap, soil
cement or other approved bank stabilization materials throughout
the Annexation Project as approved by the City. When bank
stabilization has been completed within the River Conservation
Area and the City has accepted the work, the City shall thereafter
be responsible for the maintenance, repair, replacement • and
restoration of all stabilization materials used within the accepted
area.
Upland Preserve Zone. The property withintheupland preserve
zone will become a habitat preserve, and will cease being used for
agricultural and farmland purposes.
8. Lake Park Access. The applicant will include in the Lago de
Valencia CC & R's a provision describing the public's access rights
(through the paseo and City's trail system) to the Lake Park, in
accordance with the Specific Plan.
9. Pony League Ballfields. Following the completion of development
of the commercial portion of the Pony League Planning Area, the
applicant will provide the William S. Hart Pony League with a 15
year lease for the use of the playing fields, and will provide a
signalized intersection on Valencia Boulevard with access
available during all phases of construction.
10. Light Rail Right -of Way. Nothing in the Specific Plan, the
Annexation and Development Agreement or any other project
approval will preclude future actions by the City to identify and
reserve commuter rail and commuter rail stations in locations
currently under review in the Southern California Association of
Governments Ventura - Santa Clarita Rail Right -of -Way
Restoration Study.
11. Valencia Industrial Center - Bus Stop Pads. The applicant will
install 8' x 20' bus stop pads at up to 20 locations within the
Valencia Industrial Center at locations to be agreed upon by the
applicant and the City.
12. Roads to City Standards. New roads will be constructed to City
standards, as opposed to County standards.
13. Landscaped Center Medians. Roads improved to major highway
standards within and adjacent to the Specific Plan Project will
provide landscaped center medians designed to City standards.
14. Traffic Calming Measures. Traffic .calming measures will be
included in the Specific Plan Project to reduce traffic speed and
enhance safety.
15. Elementary School Site. In accordance with the terms of an
agreement between Saugus Union School District and the
applicant, a 6.5 acre school site will be conveyed to the Saugus
Union School District, within the project's Lago de Valencia
planning area. The site will be centrally located and integrated
into the City's trail and paseo system.
16. Improvement of Community Park. The applicant will dedicate and
improve (with turf, two baseball diamonds, one baseball backstop,
shade structure, picinci tables, two soccer fields, a ply structure
and mature trees) a 12.4 acre community park in the project's
Lago de Valencia planning area. The park will be available for
joint use in connection with the opening of the elementary school,
and will also include an area for a multi-purpose building. A joint
use agreement will be entered into between the City and the
Saugus Union School District. In addition, the applicant will work
to acquire permission to use and improve the adjacent six acre
MWD property for additional park lands.
17. Extension of City's River Trail System. The project will include a
5.5 mile extension of the City's river trail system, and the
construction of bike trails, as identified in the project's conditions
of approval. This area of extension is in addition to the River
Conservation Area.
18. Neighborhood Parks. The applicant will dedicate and construct
two neighborhood parks of 2.2 and 2.7 acres respectively. The 2.7
acre park will be located in the project's Lago de Valencia planning
area, adjacent to the river trail and River Conservation Area. The
2.2 acre park will be located in the project's South River Village
and will provide a staging area for access to the river trail and
River Conservation Area.
19. Pedestrian Overcrossing Bridges. Two pedestrian bridges, one
over McBean Parkway and one over Newhall Ranch Road, will be
constructed.
0
20. Design of Commercial Sites.
be pedestrian -friendly and
traffic wherever possible.
Commercial sites will be designed to
to avoid conflicts with on-site auto
21. Avenue Scott Crossing on San Francisquito Creek. The existing
at grade crossing of Avenue Scott at San Francisquito Creek will
be upgraded to a bridge crossing.
22. Elimination of Uncertainty. The Annexation and Development
Agreement will eliminate uncertainty in planning for and securing
orderly development of the Annexation Project.
23. Installation of Infrastructure Improvements. The Annexation and
Development Agreement assures progressive installation of
infrastructure improvements.
24. The Annexation and Development Agreement confirms that all
discretionary project approvals are complete unless deemed
otherwise by the Specific Plan.
25. The Annexation and Development Agreement allows for flexibility
in final design by allowing for administrative modifications,
modifications to the size and configuration of commercial,
industrial and residential lots, modifications to design and
configuration of the planning areas of Lago de Valencia and South
River Residential tracts, and modifications to lot design standards.
Such modifications are subject to the Annexation and
Development Agreement's Applicable Rules, the project's Specific
Plan and the project's conditions of approval, and are subject to
the approval of the Director of Planning and Building Services.
The applicant will not be permitted to increase the number of
residential units in the project, or increase the amount of square
feet of commercial/industrial area approved under the Annexation
and Development Agreement modification provisions.
26. The Annexation and Development Agreement confirms the vesting
of Annexation Project Approvals including the rules, regulations,
official policies, fees, and exactions as of the date that Valencia's
application for VTTM 51931 was deemed complete.
27. Bridge and Thoroughfare Fees/Roadway Improvements. The City
and the applicant confirm that they anticipate a Bridge and
Thoroughfare District ("B&T District") to be formed to finance the
acquisition, development and maintenance of transportation
improvements subject to approval by Los Angeles County of such
district. Additional transportation improvements lying outside of
the B&T District (as identified in the EIR) may also be required to
mitigate the Annexation Project's traffic impacts ("Non-B&T
Improvements). The applicant's B&T Fees shall not exceed the
lesser of the City's or the County's B&T fees when formed, subject
to annual increases in accordance with the CPL The applicant will
be responsible for its share of the costs of Non-B&T Improvements
(as agreed upon by the City) and the applicant's share shall not
exceed that amount. B&T fees shall be payable, or secured, at
issuance of building permits.
28. Transit Fees. The Annexation and Development Agreement
provisions require the developer to pay the appropriate transit
fees up front in order to commence the construction of the City's
new transit station, located at McBean and Valencia Boulevard.
29. Infrastructure Phasing Plan. The Annexation and Development
Agreement confirms that the Infrastructure Phasing Plan, as
identified in the Specific Plan, serves and fulfills the same purpose
as a Development Monitoring System ("DMS"), and that if the City
adopts a DMS, the Infrastructure Phasing Plan shall be deemed
consistent with and will satisfy the DMS.
30. Reimbursement. The Annexation and Development Agreement
will provide for reimbursement by other developers on a fair share
basis for any amounts the applicant expends for public
improvements benefitting lands outside of the Annexation Project
area.
31. Satisfaction of Parkland Obligations. The Annexation and
Development Agreement provides that the dedication of various
parks fully satisfy any and all parkland dedication requirements
applicable to the Annexation Project and each of the Planning
Areas and that no further dedications or in -lieu fees will be
required. To the extent that parks and other recreation areas
exceed the City's parkland requirements, the applicant shall be
authorized to transfer credits for such excess to other
Valencia/Newhall projects located outside of the Project area.
32. Public Financing Mechanisms. The City acknowledges that the
applicant may seek to utilize the establishment of Mello -Roos
Community Facilities Districts pursuant to Section 53311, gel. sea.,
covering all or a portion of the Property, to enable the issuance of
bonds for improvements contemplated under the Annexation and
Development Agreement. The City shall cooperate with the
applicant in establishing such districts as follows:
(1) for all non-residential areas of the Project,
(2) for residential areas of the Project, only if provision is
made to pay off bonds issued by such district which
encumber any residence, prior to occupancy of that
residence, unless the City Council specifically approves a
district absent the forgoing condition, and
(3) City will not object to agreements made by and between
the applicant and public agencies other than City for
establishment of such districts.
33. Standard Development Agreement Provisions. The Annexation
and Development Agreement will be 15 years, provided that, as to
any lot or parcel for which a final map has been recorded by
development has not been completed, the term of the Annexation
and Development. Agreement and the Applicable Rules shall
remain in effect for an additional five-year period.
C. The Annexation and Development Agreement is consistent with the
General Plan and Specific Plan as amended by the City Council (General
Plan Amendment 97-001).
d. The Annexation and Development Agreement complies with the
Development Code and other applicable ordinances, standards, policies,
and regulations, including such standards as identified in the project's
approved Specific Plan.
e. The Annexation and Development Agreement will not:
1. Adversely affect the health, peace, comfort or welfare of persons
residing or working the surrounding area;
2. Be materially detrimental to the sue, enjoyment, or valuation of
property of other persons located in the vicinity of the site; or,
3. Jeopardize, endanger, or otherwise constitute a menace to the
public health, safety, or general welfare.
f. The Annexation and 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 Annexation and Development Agreement provides a schedule for the
development to be constructed in phases to be initiated within specified
time periods.
W
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, community trails, sewers or sewage treatment facilities, and
road improvements adequate to serve the development.
The Annexation and Development Agreement, together with the Specific
Plan and adopted conditions of approval, satisfies the following findings
of Section 17.030.010 of the Unified Development Code:
1. Provides for the prohibition of one or more uses normally listed as
permitted and/or 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, restrictions, 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 building and
other structures, including signs; and,
5. Requires special yards, open spaces, and buffer areas, fences and
walls, 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 Final Environmental Impact Report (FEIR), Mitigation Monitoring and
Reporting Plan (MNIRP), and Statement of Overriding Considerations for
this project have been prepared, circulated in compliance with the
10
California Environmental Quality Act (CEQA), and adopted as certified
as required by the Act.
b. The project is compatible with existing development in the area, and
consistent with the City's General Plan and Zoning as amended (General
Plan Amendment 97-001).
C. The applicant has substantiated the findings for approval of a 15 -year
Annexation and Development Agreement.
SECTION 4. The City Council hereby approves Annexation and Development
Agreement 96-001.
SECTION 5. This Ordinance shall become effective at 12:01 a.m. 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.
11
PASSED AND APPROVED this day of '19—.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify
that the foregoing Ordinance No. 97-20 was regularly introduced and placed ;upon its first
reading at a regular meeting of the City Council on the_day of
19_. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of
the City Council on the_day of . 19_by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JJL:JDR:lep
coundhord9720.jdr
IN
CITY CLERK
RESOLUTION NO. 97-126
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA
RECOMMENDING CERTIFICATION OF FEIR SCH#96071077,
AND RECOMMENDING ADOPTION OF A
STATEMENT OF OVERRIDING CONSIDERATIONS THAT WEIGHS PROJECT
BENEFITS AGAINST THE PROJECTS SIGNIFICANT UNAVOIDABLE IMPACTS
FOR MASTER CASE NOS. 95-242, 96-120, 97-041, 97-063 FOR
ANNEXATION NO. 95-006 (NORTH VALENCIA), GENERAL PLAN AMENDMENT 97-001
TO THE LAND USE ELEMENT TEXT AND LAND USE MAP, PREZONE 97-001 TO
SPECIFIC PLAN (SP) AND OPEN SPACE (OS), ANNEXATION AND DEVELOPMENT
AGREEMENT 96-001, VESTING TENTATIVE TRACT MAP 51931, OAK TREE
PERMIT 97-009 AND HAUL ROUTE TO ALLOW FOR THE 858 ACRE
NORTH VALENCIA ANNEXATION AND DEVELOPMENT OF A 706.6 ACRE PROPERTY
WITHIN THE ANNEXATION AREA KNOWN AS
THE NORTH VALENCIA SPECIFIC PLAN AREA
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby make the following findings of fact:
a. The North Valencia Annexation area is approximately 858 acres generally located
east of Anza Drive, south of Newhall Ranch Road, west of Bouquet Canyon Road
and Valencia Boulevard, and north of Magic Mountain Parkway and the Auto
Center in the unincorporated area of Los Angeles County adjacent to the City of
Santa Clarita. The North Valencia Specific Plan area is approximately 706.6
acres within the North Valencia Annexation area and is generally located south
of Avenue Hopkins and east of Anza Drive and the west side of San Fran cisquito
Creek, south of Newhall Ranch Road, west of Bouquet Canyon Road and Valencia
Boulevard, and north of Magic Mountain Parkway and the Auto Center in the
unincorporated area of Los Angeles County adjacent to the City of Santa Clarita.
b. In November 1995, the City and the Valencia Company. entered into a non-
binding Memorandum of Understanding (MOU) regarding certain aspects of the
potential annexation of approximately 969 acres of unincorporated area in the
North Valencia area. At the time the MOU was adopted, the Valencia Company
stated their intention to request approvals for up to 3,690 dwelling units,
approximately 850,000 square feet of commercial uses, and 223,000 square feet
of industrial square footage. Entitlements to be requested at the time of MOU
approval included a prezone, an annexation and development agreement, and
tract maps.
C. A prezone (MC: 95-242, PZ: 95-006) was approved on April 16, 1996 by the City
Council for portions of the North Valencia Annexation area through Ordinance
Re" 97.126
No. 96-12. An annexation request for the North Valencia Annexation
(Annexation No. 95-006) was filed with LAFCO in June, 1996 following the
direction of the City Council on June 11, 1996 (Resolution 96-84). Following the
prezone and filing of the annexation request by the City, the Valencia Company,
herein referred to as the 'applicant", submitted the entitlement requests noted
above for a portion of the annexation area known as the North Valencia Specific
Plan Area, which are subject to environmental review. The City's annexation
request is on hold at LAFCO at the request of the City and the applicant pending
approval of the environmental review document and the above entitlements.
d. On June 5, 1996, the applicant submitted the following entitlement requests
(Master Case No. 96-120): Annexation and Development Agreement 96-001,
Annexation 95.006, Conditional Use Permit 96-010, TPM 20496 (Builder's South),
TPM 20669 (Valencia Industrial Center), TPM 18417 (Pony League), TPM 24516
(Overall Project Area), VTTM 51931 (Valencia Del Lago), VTTM 51281 (South
River) and VTTM 44832 (Arbor Park). Incomplete letters were sent on these
entitlement requests in July with staff noting that an Oak Tree Permit would
also be required. In January 1997, the applicant formally withdrew the
application for a conditional use permit and all of the tract and parcel maps
except for VTTM 51931. The applicant then submitted the following entitlement
requests: a Specific Plan document, including a comprehensive plan of
development and development standards for the North Valencia Specific Plan
area, and Prezone 97-001 to change the zoning within the area to the City zone
SP (Specific Plan). Following review of the Specific Plan document and revised
site plan, staff recommended that a general plan amendment be filed in order for
the. requested entitlements to be consistent with the City's General Plan. On
March 12, 1997 the applicant filed a request for an oak tree permit (OTP: 97-009)
to allow for possible encroachment upon oak trees; and a general plan
amendment (GPA: 97-001) to modify the text of the Land Use Element Valley
Center Concept narrative to allow for a North Valencia Specific Plan, and to also
allow for an amendment to the Land Use Map.
The development application includes the proposed annexation of approximately
858 acres of unincorporated Los Angeles County land located adjacent to the City
boundary. This request would amend portions of Ordinance No. 96-12 to
establish the City of Santa Clarita prezone Specific Plan (SP) over 706.6 acres on
the areas known as the North Valencia Specific Plan area. The remaining
acreage in the annexation area would remain as previously prezoned by
Ordinance No. 96-12. The Specific Plan request includes entitlement for up to
2,000 dwelling units (750 single family detached, 1,250 multi -family attached),
636,000 square feet of commercial/retail, 167,000 square feet of
industrial/business park space, a 6.5 -acre elementary school site, a 15.2 -acre
lake/park, a 12.4 -acre community park, 4.9 acres of neighborhood parks, 355.6
acres of open space and over 5 miles of community trails, a Vesting Tentative
Tract Map (VTTM 51931) to subdivide 706 acres into 138 lots, an oak tree permit
2
Res 97-126
to allow construction within 200 feet of the oak trees with no removals or
encroachments currently proposed, and review and certification of the
Environmental Impact Report (SCH#96071077) prepared for the project.
e. The original North Valencia Specific Plan request excluded a .6 acre Southern
California Gas Facility located on Magic Mountain Parkway; however; the City
proposes to include this area within the Specific Plan area to avoid the issue of
spot zoning. The North Valencia Specific Plan area is bisected by the
approximately 13 acre Metropolitan Water District (MWD) property which is
excluded from the Specific Plan prezone; however, the City proposes to prezone
this area Open Space (OS) in order to be consistent with the surrounding uses
proposed in the Specific Plan.
f. On June 25, 1991, the City Council adopted Resolution No. 91-98, adopting the
General Plan of the City of Santa Clarita and Certifying the Environmental
Impact Report. The City's General Plan presently designates the annexation
area as Commercial Town Center (CTC), Community Commercial (CC), Business
Park (BP), and Residential Moderate (RM), with a Valley Center Concept (VCC)
Overlay on the majority of the site and a Significant Ecological Area (SEA)
Overlay over the Santa Clara River and San Francisquito Creek. The General
Plan does not specifically mention the North Valencia site as an area ideal for a
specific plan; however, the site does meet the minimum size of 100 contiguous
acres under single ownership as identified in the Specific Plan zoning standards
of the City's Unified Development Code . Zoning on the site is presently Los
Angeles County zones C2, M1V2, and A2-5 and has already been prezoned City of
Santa Clarita zones CTC (Commercial Town Center), CC (Community
Commercial), BP (Business Park), and RS (Residential Moderate).
g. The North Valencia Specific Plan area is vacant, generally flat, and was used for
agricultural purposes. The approximately 153 acres of the annexation area that
is excluded from the Specific Plan is flat and improved with industrial,
commercial and public utility uses. Major features of the annexation area include
the Santa Clara River, the South Fork of the Santa Clara River, San Francisquito
Creek, Bouquet Creek, a portion of the San Gabriel Fault Alquist-Priolo Special
Studies Zone, the MWD aqueduct pipeline and electrical transmission corridors.
h. The design of the project concentrates development within areas previously used
for agricultural uses and includes preservation of approximately 348.3 acres of
the Santa Clara River and San Francisquito Creek and 84 acres of upland buffer
area located adjacent to the River and Creek as identified in the North Valencia
Specific Plan document. The project proposes grading on approximately 281
acres of the 858 acre project site. The total amount of grading involves
approximately 1.4 million cubic yards of cut and 2.7 million cubic yards of on-site
fill, with earth to be imported from the northeast corner of McBean Parkway and
Newhall Ranch Road through Conditional Use Permit No. 96-013 (MC#96-236)
Resp 97.126
and from the area known as the Center City Specific Plan area located east of the
present terminus of Newhall Ranch Road, east of Bouquet Canyon Road.
i. The City of Santa Clarita prepared an Initial Study for the project which
determined that the project may have a significant effect on the environment and
that an environmental impact report must be prepared: A Notice of Preparation
(NOP) for the annexation, annexation and development agreement, tentative
tract maps, conditional use permit and oak tree permit was mailed in July 1996
to affected agencies. A scoping meeting was held at the Valencia Town Center
Conference Room on August 7, 1996 to obtain information from the public as to
issues which should be addressed in the environmental document. Following a
revision to the project with the withdrawal of the conditional use permit
application, withdrawal of tentative tract maps and submittal of the prezone,
specific plan document, general plan amendment, and revised Vesting Tentative
Tract Map 51931 applications, a subsequent NOP was prepared and mailed in
May 1997..
j. The Planning Commission went on a field visit to the North Valencia site on
Saturday, May 31, 1997 at 9:00 a.m., beginning in the Council Chambers for the
purpose of becoming familiar with the annexation and Specific Plan area.
k. The City Council held a study session on this project on June 3, 1997 and
received an informational report on the status of this project. At that Council
Study Session the Council approved a preliminary processing schedule for this
project which identified various Planning Commission public hearing dates and
specific project topics to be discussed at each of these meetings. The goal of this
processing schedule was to reduce redundancy and allow the Commission and the
public to better prepare for the meetings. This processing schedule allowed for
each issue area of the Draft Environmental Impact Report (DEIR) to be discussed
in a public forum during the DEIR public comment period, allowing for maximum
public participation with numerous opportunities for the public to ask questions
and receive information concerning the environmental document and the project.
1. The Planning Commission received an informational presentation about the
North Valencia Specific Plan proposal at their regularly scheduled meeting on
June 17, 1997, at 7:00 p.m. at the City Council Chambers, 23920 Valencia
Boulevard, Santa Clarita. This presentation was given by staff to distribute
copies of the proposed North Valencia Specific Plan dated June 1997 and the
proposed Vesting Tentative Tract Map 51931 version dated June 13, 1997, to
provide the Commission with a background on the project application, and to
provide the Commission with a review of the entitlements requested.
M. The North Valencia Specific Plan DEIR (SCH#96071077) was circulated for
review and comment by the affected governmental agencies and all comments
received have been considered. The DEIR. was distributed to the Planning
4
Reso 97.126
Commission, the public and affected governmental agencies for a 45 -day public
review period beginning on August 1, 1997 and ending on September 15, 1997.
Late comments were accepted until September 22, 1997 to allow for mail delays.
n. Following the processing schedule set by the Council on June 3, 1997, the
Planning Commission held duly noticed public hearings on the North Valencia
Annexation and Specific Plan and related entitlements commencing on July 1,
1997 and continuing on July 9, 1997, July 23, 1997, August 5, 1997, August 13,
1997, August 19, 1997, August 25, 1997, September 2, 1997, September 10, 1997,
September 24, 1997, October 7, 1997, October 15, 1997, and October 30, 1997.
These public hearings have been held at 7:00 p.m. at the City Council Chambers,
23920 Valencia Boulevard, Santa Clarita.
Five of the public hearings were held between August 5, 1997 and September 2,
1997 which was during the public comment period. These public hearings were
held for the purpose of providing an opportunity for the Commission and the
public to consider focused discussions on each of the environmental issue areas
discussed in the DEIR. These hearings, however, did not limit the public
testimony to the topic at hand, but allowed for comments/questions regarding all
materials presented throughout the DEIR.
o. The DEIR prepared for the project identified an option for bank stabilization at
the River/Creek edge: as termed throughout the DEIR, the "proposed project"
included the placement of 2.7 miles of bank stabilization along the edge of the
Santa Clara River and San Francisquito Creek. This bank stabilization would be
visible from within the project site and would also be visible to the public along
major roadway corridors. The option presented in the DEIR included the use of
buried bank stabilization set back from the River/Creek edge approximately 100
feet. The Buried Bank Stabilization Option was identified and mitigated
separately throughout the DEIR, as the impacts of this option differed from the
impacts of the proposed project (which incorporated bank stabilization along the
edge of the River/Creek). During the course of the public hearings, the Planning
Commission determined that the Buried Bank Stabilization Option was the
preferred option. However, the Commission received public testimony from the
project biologist and a third party biologist indicating that, with heavy
revegetation efforts, a 75 foot setback from the River edge in the project's Lago
de Valencia planning area was adequate. The Commission therefore accepted a
setback approximately 25 feet less than what was originally analyzed in the
DEIR. for the Lago de Valencia planning area only, and has recommeded that the
City Council also accept such a setback.
P. The Final Environmental Impact Report (Final EIR) herein incorporated by
reference as Exhibit A, includes the DEIR and the following: responses to written
comments on the DEIR, responses to public testimony regarding DEIR issues
raised at the public hearings during the public comment period, modifications to
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the DEIR text, and the Mitigation Monitoring and Reporting Program (MMRP).
The DEIR was provided to the Commission on August 1, 1997 and the remaining
Final EIR documents were prepared and provided to the Planning Commission
on October 3, 1997. The Proposed Specific Plan Text dated June 1997, herein
incorporated by reference as Exhibit B, also contains specific development
standards and policies that mitigate potential environmental impacts which were
considered by the Planning Commission. Discussions regarding the annexation
and development agreement commenced during the public hearing of October 15,
1997, and continued at the hearing on October 30, 1997. The Planning
Commission considered the Draft EIR, the Final EIR, information provided in
staff reports, the general plan amendment text, the proposed specific plan, the
entitlement requests, the deal points of the annexation and development
agreement, and public testimony prior to recommending project approval to the
City Council.
q. A duly noticed public hearing was held by the City Council on November 4th,
1997, commencing at 6:30 p.m. at the City Council Chambers, 23920 Valencia
Boulevard, Santa Clarita. At this meeting, the Council considered the project's
Draft EIR, the Final EIR, information provided in staff reports, the general plan
amendment text, the proposed specific plan document, the entitlement requests,
the proposed prezone for the property, the Annexation and Development
Agreement, the Planning Commission's considerations, and public testimony
regarding the project. The public hearing for the project was continued, with
subsequent meetings being held on November 25, 1997, December 2, 1997,
December 9, 1997, and December. 18, 1997. The City Council formally closed the
public hearing on December 9, 1997, and continued the item for action to the
meeting of December 18, 1997. The meeting of December 18 was held at 8:00
a.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita.
SECTION 2. The City Council of the City of Santa Clarita does hereby make the
following findings of fact:
a. The California Environmental Quality Act (CEQA) requires decision -makers to
balance the benefits of a proposed project against its unavoidable environmental
impacts. If the benefits of a proposed project outweigh the unavoidable adverse
environmental effects, the adverse effects may be considered "acceptable' by
adopting a "Statement of Overriding Considerations." This statement sets forth
the project benefits or reasons why the Lead Agency is in favor of approving and
weighs these benefits against the project's adverse environmental impacts
identified in the Final Environmental Impact Report that cannot be mitigated to
a level less than significant.
b. CEQA requires decision -makers to adopt a mitigation monitoring and reporting
program (MMRP) for those mitigation measures which are conditions of the
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SECTION 3. The City Council does hereby find that the Final EIR for the North
Valencia Annexation 95-006, Prezone 97-001, General Plan Amendment 97-001, North Valencia
Specific Plan 97-001, Vesting Tentative Tract Map 51931, and Oak Tree Permit 97-009 identifies
cumulative project impacts and project specific impacts. Environmental impacts identified in
the Final EIR are summarized as follows:
a. The DEIR, herein incorporated by reference as Exhibit. A, identifies the following
issue areas as significant but unavoidable: Air Quality; Visual Resources;
Agricultural Resources; Solid Waste Disposal; and Biota.
b. The DEIR identifies the following issue areas as significant but feasibly mitigable
to a less than significant level: Geotechnical Hazards; Flooding; Noise; Cultural
Resources; Human Made Hazards; Traffic/Access; Water Service; Wastewater
Disposal; Utilities (Energy Resources); Fire Protection; Sheriff Services; Parks
and Recreation; Library Services; Education; and Population/
Housing/Employment. A mitigation monitoring reporting program has been
prepared to mitigate these potentially significant impacts to a less than
significant level and is included as part of the Final EIR.
c. The DEIR identifies the following issue areas as less than significant: Biota -
Creation of Upland Preserve Zone; and Parks and Recreation - Connection to
Existing Trail System.
SECTION 4. Based upon the testimony and other evidence received, and upon studies
and investigation made by theCity Council and on its behalf, the City Council further finds:
a. That the Final Environmental Impact Report for this project is adequate,
complete, and has been prepared in accordance with the California
Environmental Quality Act (CEQA).
b. That the City Council has reviewed and considered the Final EIR in reaching its
recommendation.
c. That changes and alterations have been required and incorporated into the North
Valencia Specific Plan and related entitlements which avoid or substantially
lessen the significant environmental effect because feasible mitigation measures
included in the MMRP are made conditions of approval for this project.
SECTION 5. Based upon the testimony and other evidence received, and upon studies
and investigation.made by the City Council and on its behalf, the City Council further finds that
the Final EIR analyzes a range of project alternatives.
a. Alternative 1, the No Project Alternative. This Alternative is required by the
CEQA Guidelines and it compare the impacts which might occur if the site is left
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in its present condition with those that would be generated by the project as
proposed. The No Project Alternative is considered to be the "environmentally
superior" alternative since the following environmental areas would not be
affected without the implementation of the project: public services and utilities,
solid waste, education, libraries, parks and recreation, fire/Sheriff services, gas
and electricity, visual resources, traffic/access, air quality, and noise. However,
this alternative is less desirable in terms of sedimentationlrunoff and effects of
agricultural operations, and does not provide the upland habitat which the
proposed project with the Buried Bank Stabilization Option includes. This
alternative was therefore rejected.
b. Alternative 2, Buildout According to the City of Santa Clarita General Plan. The
purpose of this alternative is to describe the impacts of developing the site
according to the General Plan land use designations and to compare such impacts
with those generated by the proposed project. Under Alternative 2, impacts
associated with geotechnical resources/grading, biota, cultural resources, fire
protection, agricultural resources, and human made hazards would be similar to
the proposed project. Impacts generated by Alternative 2 associated with flood,
traffic and access, air quality, noise, water service, wastewater, solid waste,
utilities, housing, and education would be greater.than the proposed project.
Impacts generated by Alternative 2 associated with library services, parks and
recreation, employment and Sheriff services would be less than those anticipated
under the proposed project. The Buried Bank Stabilization Option under
Alternative 2 would have the same impacts as this option under the proposed
project. This alternative was rejected because overall it has greater
environmental impacts than the project. On the basis of environmental impacts
alone, this alternative is not environmentally superior to the proposed project.
C. Alternative 3, The Biological Alternative. The purpose of this Alternative is to
provide more clustering of units, by reducing the residential footprint, thereby
providing more open space and fewer impacts to biological resources. The
number of residential units would remain the same. Under Alternative 3,
impacts associated with geotechnical resources, library services, fire protection,
Sheriff demands, and. population/housing/employment would be similar to the
proposed project. This alternative would allow only clustered units and a smaller
residential footprint which would be preferred to the proposed project in terms
of flood, traffic/access, air quality, biota, cultural resources, visual, water,
wastewater, solid waste, utilities, education, parks and recreation, agricultural
resources and human made hazards. The Buried Bank Stabilization Option
under Alternative 3 would have the same impacts as this option under the
proposed project. On the basis of environmental impacts alone, this Alternative
is "environmentally superior' to the proposed project. This Alternative would not
meet project objectives in that it would not provide as great a variety or mix of
residential housing types as the proposed project nor would it meet the
anticipated housing market conditions over several years. Alternative 3 would
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limit the range of housing opportunities, and would not reflect the housing
opportunities demand under which the project site could be developed.
Therefore, Alternative 3, the Biological Alternative, was rejected.
d. Alternative 4, The 20 Percent Reduced Density Alternative. This Alternative
would reduce dwelling units and commercial square footage on the site by 20
percent, down to 1,600 residential units, 508,000 commercial square feet, and
167,000 square feet of industrial uses. Alternative 4 would have a reduced
project footprint to reflect reduced unit counts. Impacts under this alternative
associated with geotechnical resources, flood, traffic/access, biota, cultural
resources, air quality, noise, water service, wastewater, solid waste, utilities,
education, library services and fire/Sheriff services, parks and recreation,
agricultural resources and human made hazards would be less than the proposed
project. The Buried Bank Stabilization Option under Alternative 4 would have
the same impacts as the proposed project. Alternative 4 is an "environmentally
superior' project, but it does not meet the project objectives of providing a mix
of residential and commercial opportunities as it reduces the number of housing
units available and reduces commercial square footage. The reduction of housing
units does not meet the project objectives of responding to economic conditions
by providing as great a variety of housing types. The reduction of commercial
square feet reduces the subsequent tax base available to the City to support
public services as compared to the project objectives. Alternative 4 has been
rejected in favor of the proposed project because this Alternative would limit
housing and employment opportunities, and thus would not accommodate the
housing or employment demands of the regional area under which the project site
could be developed.
e. Alternative 5, The 40 Percent Reduced Density Alternative. This Alternative
results in a 40 percent reduction in residential units and commercial square
footage. The reduction would result in a total of 1,200 residential units, and
381,600 square feet of commercial uses. Other aspects of the project would
remain consistent with the proposed project. In reducing the project by 40
percent, Alternative 5 will create a reduced development footprint for both
residential and commercial uses. This Alternative also includes a grade
separated crossing of Avenue Scott at Bouquet Canyon Road and a bridge over
Bouquet Creek Channel for Avenue Scott. Impacts under this alternative
associated with geotechnical resources, flood, traffic/access, biota, cultural
resources, air quality, noise, water service, wastewater, solid waste, utilities,
education, library services, fire/Sheriff services, parks and recreation,
agricultural resources and human made hazards would be less than the proposed
project. The Buried Bank Stabilization Option under Alternative 5 would have
the same impacts as the option under the proposed project. Alternative 5 is an
"environmentally superior" project, but was rejected over the proposed project
because it does not meet the project objectives of providing a mix of residential
and commercial opportunities. This Alternative reduces the number of housing
Rego 97.126
units available and reduces commercial square footage. The reduction of housing
units does not meet the project objectives of responding to economic conditions
by providing a great variety of housing types. The reduction of commercial
square feet reduces the subsequent tax base available to the City to support
public services as compared to the project objectives. Alternative 5.would not
accommodate the housing or employment demands of the regional area under
which the project site could be developed.
SECTION 6. By adoption of this Resolution, the City Council finds that the Final EIR
identifies certain significant environmental effects and feasible mitigation measures that
mitigate potential significant impacts to levels less than significant for each of these impacts
with the exclusion of Air Quality, Visual Resources, Agricultural Resources, Solid Waste
Disposal, and Biota. In accordance with CEQA Sections 15091 and 15093, a description of each
significant impact and rationale for finding that changes or alterations have been required in,
or incorporated into, the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR is detailed below:
a. Air Quality: Construction -related emissions would be generated by on-site stationary
sources, heavy-duty construction vehicles, construction worker vehicles, and energy use.
Operation -related emissions would be generated by on-site and off-site stationary
sources and by mobile sources. During both the construction and operation phases,
emissions of carbon monoxide (CO), reactive organic compounds (ROC), oxides of
nitrogen (No,) and particulate matter (10 micron) (PM10) would exceed thresholds of
significance recommended by the South Coast Air Quality Management District
(SCAQMD). Furthermore, the actual rate of growth in vehicle miles traveled, and hence
vehicular air emissions caused by the proposed residential and non-residential uses of
the project would occur at a higher rate than the rate of growth associated with the
expected on-site resident and employee population.
The Buried Bank Stabilization Option's construction -related and operation -related
emissions are also considered unavoidably significant.
Mitigation Measures: Mitigation measures Al through A76 as identified in the Final
EIA would reduce the magnitude of construction -related and operation -related emissions
to some extent. However, no feasible mitigation exists which would reduce these
emissions to below the SCAQMD's recommended thresholds of significance. This is
inconsistent with the Air Quality Management Plan performance standards; therefore,
the cumulative air quality impacts of the proposed residential uses, non-residential uses,
and impacts due to construction of the Buried Bank Stabilization Option would be
unavoidably significant.
b. Visual Resources: The project is an infill development of a developed urban area. This
area is envisioned by the City of Santa Clarita General Plan for the type of development
proposed. The change in character of the project site would represent the replacement
of open spacelagricultural uses with urban uses. but is not considered an unavoidable
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significant impact because such uses already occur immediately surrounding the project
site. However, bank stabilization at the rivers edge is a significant alteration to the
basic visual character of the region, as well as to the river itself. The loss of riparian
vegetation and the associated change in visual character of the River and Creek due to
the placement of bank stabilization along the River/Creek edge would be significant and
unavoidable.
In the event that the preferred buried bank stabilization were to remain buried, no
significant impacts would occur as most of the existing riparian vegetation along the
banks would remain. However, the buried bank lining may become exposed in the event
that future flood waters erode the existing banks and intervening upland preserve zone,
exposing the buried reinforced concrete lining. In the event such erosion and exposure
were to occur in the future, impacts of this option would be similar to the proposed
project and would be significant, albeit further removed from the watercourse.
Mitigation Measures: With the implementation of the buried bank stabilization and
mitigation measures VQ1 through VQ6 (as identified in the Final EIR), the visual
impacts of the project will be reduced to a less than significant level. This finding
assumes that the buried bank stabilization will remain buried. If the buried bank lining
is exposed due to future flood water erosion, then the impacts to visual resources will be
considered unavoidably significant.
C. Adxicultural Resources: The cumulative conversion of prime agricultural land to urban
uses constitutes a loss of an irreplaceable resource and would result in the loss of 284
acres of prime agricultural land. No feasible mitigation exists for this conversion and
it would be an unavoidable significant impact. Like the proposed project, the Buried
Bank Stabilization Option would result in the loss of the conversion of all of the available
agricultural land in the site, and is thus considered to have an unavoidably significant
impact.
Mitigation Measures: The Final EIR identifies three mitigation measures listed as AGI,
AG2 and AG3 which would reduce the magnitude of the project's impacts to agricultural
resources. However, no feasible mitigation exists which would reduce these impacts to
a less than significant level, therefore the project's impacts to agricultural resources
remain unavoidable and significant.
d. Solid Waste: Upon buildout and assuming no solid wastes from the proposed project
would be recycled (a worst-case scenario), the proposed project would generate
approximately 40,428 pounds of solid waste per day, which is equivalent to
approximately 7,378 tons per year. However, given the City's current overall waste
diversion rate of 47 percent, it is estimated that the project will actually generate 20,214
pounds of solid waste per day, which is equivalent to 3,689 tons per year. The project
may also generate household -type hazardous wastes. Cumulative development within
the Santa Clarita Valley area would generate 626,230 tons per year of solid waste, as
well as hazardous waste.: The project's 7,378 tons per year would represent 1.2 percent
of this Valley total and an approximately 6 percent increase in the incorporated City
area. Land suitable for landfill development or expansion is quantitatively finite and
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limited due to numerous environmental, regulatory and political constraints. Until long-
term landfill space or other disposal alternatives will be adequate to serve the existing
and future uses for the forseeable future, project and cumulative solid waste and
hazardous waste impacts within the City will be considered unavoidably significant.
As with the proposed project, landfill space is finite and until long-term space or other
disposal alternatives are identified, the solid waste impacts of the project with the
Buried Bank Stabilization Option and cumulative solid waste and hazardous waste
impacts are considered unavoidably significant.
Mitigation Measures: As identified in the Final EIR, mitigation measures SWI through
SW17 would reduce the magnitude of the project's solid waste impacts to some extent.
However, no feasible mitigation exists which would reduce these impacts to a less than
significant level. The cumulative solid waste impacts of the proposed project, along with
the implementation of the Buried Bank Stabilization Option, will remain unavoidably
significant.
e. Biota: Temporary and permanent direct impacts on biological resources will occur as a
result of the following project -related actions or activities: construction and grading for
urban lots, roads, parks, recreational areas, buildings, and other facilities and
structures; construction of the Avenue Scott bridge over San Francisquito Creek and the
Santa Clara River; and maintenance activities associated with bank stabilization,
bridges, water quality basins, and storm drain outlets. Project implementation will
result in the permanent loss of 165.4 acres of agricultural fields, 89.3 acres of
disturbed/ruderal fields, 3.97 acres of coastal sage scrub, 4.74 acres of cottonwood -willow
riparian woodland, 0.83 acres of alluvial scrub, 3.41 acres of mule fat scrub, and 6.56
acres of riparian scrub. A portion of the cottonwood -willow riparian woodland and
alluvial scrub habitat will be temporarily lost as a result of bank stabilization activities
and will be replanted upon completion of the stabilization.
Although the project proposes mitigation measures which will reduce impacts to the
riparian ecosystem and wildlife species that utilize the riparian and upland habitats, it
is assumed that human and domestic animal use of adjacent habitat areas will continue
to occur as a result of project implementation and cannot be entirely prevented, despite
signage.and barriers. With respect to equestrian use, enforcement of rules and
regulations will be difficult and the trails may invite access by other non -compatible uses
such as off-road vehicles. Therefore, the effects of these project activities on the riparian
resources of the site remains an unavoidable significant impact.
The loss of wildlife habitat and open space areas as a result of development within the
proposed project site represents an unavoidable significant cumulative impact to
biological resources. Unavoidable significant cumulative impacts include the loss of
riparian habitat, disturbance to riparian wildlife due to nearby urban development, and
effects on habitat for the unarmored three -spine stickleback and least Bell's vireo.
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The implementation of the Buried Bank Stabilization Option results in a net loss of
habitat that is less than the construction of bank lining at the River/Creek edge.
However, losses to these habitats are still considered to have an unavoidably significant
impact to biological resources. Potentially significant unavoidable impacts could occur
to the three special -status fish species as a result of sedimentation, erosion, and loss of
riparian habitat along the edges of the river channel, and to special -status bird species
potentially nesting in the riparian vegetation (and in the case of burrowing owl, within
the upland agricultural and ruderal fields). In the event of a substantial flood event, or
as a result of ongoing flooding and erosion over time, the preserved upland habitat areas
may eventually erode so much as to be of little or no value as upland habitat. This loss
of upland habitat would substantially affect the overall ability of the riparian ecosystem
to maintain the current level of terrestrial species diversity and abundance. Therefore,
this loss would be considered an unavoidable significant impact under this option. In
addition, because there will still be only 67 percent of the remaining upland habitat that
meets the 100 -foot minimum preservation criteria (with exception given to the 75 -foot
setback in the project's Lago de Valencia planning area), the resultant impact on the
riparian ecosystem remains a significant unavoidable impact under the Buried Bank
Stabilization Option. The overall permanent conversion of 2.6 acres of habitat within
the SFAs to urban development represents a net loss of SEA habitat. This loss is also
considered an unavoidable impact under this option.
Mitigation Measures: As identified in the Final EIR, mitigation measures BI through
B40 and the Buried Bank Stabilization Option mitigation measures would reduce the
magnitude of the project's biota impacts to some extent. However, no feasible mitigation
exists which would _reduce these impacts to less than significant with project
implementation. The cumulative impacts of the project, including the construction of the
buried bank stabilization lining, would be unavoidably significant.
SECTION 7. Based upon the testimony and other evidence received, and upon studies
and investigation made by the City Council and on its behalf, the Council further finds that the
North Valencia Annexation, North Valencia Specific Plan and related entitlements will have
community benefits. The City Council finds that the. following benefits are overriding
considerations which support adoption of a Statement of Overriding Considerations:
a. The project recommended for approval by the City Council implements the Valley
Center Concept of the General Plan with implementation of the General Plan
Amendment as proposed.
b. The project will provide the City with infrastructure including improvements to
portions of major highways designated on the City's Master Plan of Arterial
Highways as follows: Newhall Ranch Road, Magic Mountain Parkway, Bouquet
Canyon Road, Valencia Boulevard, McBean Parkway, Avenue Scott and Avenue
Tibbitts.
C. The project is consistent with: 1) the City's General Plan and Zoning Land Use
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Classifications; and 2) the intensity of development allowed in the Specific Plan
area with: City Council approval of the Specific Plan General Plan Amendment
approval of a zone change to SP (Specific Plan Zone) as identified in the Specific
Plan for this project, adoption of the Specific Plan document, and the approval of
a zone change for the Metropolitan Water District (MWD) site to OS (Open Space).
d. The project proposes a range of uses including residential, commercial, industrial
and recreational in support of City's General Plan Goals and Policies. Appendix A
of the Specific Plan, herein incorporated by reference as Exhibit C, includes a
detailed explanation of how the North Valencia Specific Plan project integrates the
goals and policies of the City's General Plan. The following are a sample of the
goals, policies and implementation features of the City's General Plan which are
supported by the project:
The project supports the Land Use Element including policies promoting a mixed-
use town center, with higher density residential, in proximity to public
transportation, as follows:
Policy 3.1 "Promote the development of City centers where more
intensive land uses will be encouraged."
Policy 3.3 "Identify a primary town center ... which encourage(s) a
pedestrian orientation and can accommodate a clustered mix
of commercial, entertainment, recreation, town
square/meeting place(s), multi -use complexes, and
multi -modal transportation activity opportunities."
Policy 3.6 "Locate higher density residential development in close
proximity to regional and sub -regional centers and public
transportation corridors."
The Project supports the Open Space and Conservation Element including policies to
preserve special natural features and protect the natural environment as follows:
Policy 1.6 Link buffer areas, wherever possible, to provide for
contiguous areas of open space.
Policy 3.7 Preserve to the extent feasible natural riparian habitat
and ensure that adequate setback is provided between
riparian habitat and surrounding urbanization.
The project supports the Air Quality Element which seeks to reduce pollution from
automobiles by relating land uses to transportation, facilitating non -automotive
travel, and encouraging a jobs/housing balance, including the following.
Goal 10 "To reduce vehicle emissions by creating an urban form that
efficiently utilizes urban infrastructure and services."
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Policy 10.1 "Contribute to the reduction of vehicle miles traveled by
achieving a more reasonable j ob/housing balance."
Policy 10.2 'Develop and encourage efficient transportation systems and
land use patterns which minimize total trips and vehicle
miles traveled."
Goal 12 "To reduce mobile source emissions by promoting a shift
from single occupancy to higher occupancy vehicles."
The project. supports the Housing Element which has numerous sections calling for
mixed use projects, flexibility in standards, a mix of housing types, and using the
specific plan process, as shown in the following sections:
Policy 1.4 'Promote the development of compatible mixed use projects
in order to create a village concept, with various interacting
uses ... to stimulate activity."
Program La "Alternative Development Standards. Use the specific plan
process ... ta permit alternative housing design where such
projects result in attractive, desirable housing types,
including affordable. housing."
Program Lc "Specific Plan/Planned Development. Permit flexible
development standards in specific plans... that encourage
housing developments which meet the needs of the
community. Flexible development standards should allow
for clustering, and a variety of site design characteristics as
appropriate."
Policy 2.2 "Locate higher density residential development and
housing ... in close proximity to public transportation and
commercial land uses..."
Policy 3.3 "Encourage a mix of housing types and densities in new large
scale development."
Policy 3.11 "Consider alternative development standards where
practical ... to promote desired housing types and benefits...."
The project supports the Community Design Element, which in the following
policies are also supportive of this theme, as follows:
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Policy 2.2 "Provide for residential uses in proximity to
business/commercial centers in a manner which promotes
the neighborhood/village/town center planning concept and
maintains... the concept of the Valley Center."
Policy 3.3 "Encourage the establishment of mixed use and village
commercial centers..., urban open spaces, and the effective
use of street furniture in downtown areas.
Policy 3.4 "Encourage design and uses of commercial districts and
related housing that add pedestrian orientation and that
provide for safe and secure daytime and nighttime
activities."
e. The North Valencia project will provide various residential housing opportunities
for different economic levels with a mix of single family and multi -family dwelling
units as required by the Housing Element of the General Plan, the Housing
Allocation for the City of Santa Clarita as set forth by SCAG (Southern California
Association of Governments) in the Regional Housing Needs Assessment (RHNA)
and the City's Comprehensive Housing Affordability Strategy (CHAS) component
of the City's Comprehensive Plan prepared for the Federal Department of Housing
and Urban Development (HUD).
f. The project provides significant public benefits including employment
opportunities, increased residential densities in proximity to transportation
corridors, an improved circulation network including improvements to portions of
Newhall Ranch Road, Magic Mountain Parkway, Bouquet Canyon Road, McBean
Parkway, Avenue Scott and Avenue Tibbitts, identification and preservation of a
riparian buffer area along the Santa Clara River and San Francisquito Creek
Significant Ecological Areas (SEAs), and significant expansion of the City's River
Trail system of bicycle, pedestrian and equestrian paths.
SECTION 8. By adoption of this Resolution, the City Council has reviewed and
considered the environmental information contained in the Final EIR (SCH#96071077) and
determines that it is adequate and in compliance with the California Environmental Quality Act
(Public Resources Code, Section 21000 et seq.). In compliance with CEQA Section 15093, the
Planning Commission has considered the project benefits as balanced against the unavoidable
adverse environmental effects and hereby determines that the benefits outweigh the
unavoidable adverse environmental effects; therefore, the City Council determines that this
resolution comprises a Statement of Overriding Considerations (SOC) and the adverse
environmental effects are considered acceptable. The Planning Commission recommends that
the City Council certify the Final EIR documents and adopt a Statement of Overriding
Considerations (SOC).
SECTION 9. By the adoption of this Resolution, the City Council approves certification
of the environmental impact report and adoption of a Statement of Overriding Considerations
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that identifies the benefits of the project as balanced against its unavoidable environmental
risks, but has not granted any approval or entitlement on this project.
SECTION 10. The City Clerk shall certify the adoption of this Resolution.
SECTION 11. The Council shall certify to the adoption of this Resolution and certify this
record to be a full, complete, and correct copy of the action taken
PASSED, APPROVED AND ADOPTED this _ day of 1997
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
) §
CITY OF SANTA CLARITA
J
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify
that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita
at a regular meeting thereof, held on the _ day of , 1997, by the following
vote of the City Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS.-
ABSENT:
OUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
cd\council \ nvlccre 1.eir
17
RESOLUTION NO. 97-127
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA
APPROVING MASTER CASE NOS. 95-242, 96-120, 97-041, 97-063 FOR ANNEXATION
NO. 95-006 (NORTH VALENCIA), GENERAL PLAN AMENDMENT 97-001 TO THE LAND
USE ELEMENT TEXT AND LAND USE MAP,
VESTING TENTATIVE TRACT MAP 51931, OAK TREE PERMIT 97-009 AND HAUL
ROUTE TO ALLOW FOR THE 858 ACRE NORTHVALENCIAANNEXATION AND
DEVELOPMENT OF A 706.6 ACRE PROPERTY WITHIN THE ANNEXATION AREA
KNOWN AS THE NORTH VALENCIA SPECIFIC PLAN AREA
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The City Council does hereby make the following findings of fact:
a. The North Valencia Annexation area is approximately 858 acres generally located
east of Anza Drive, south of Newhall Ranch Road, west of Bouquet Canyon Road
and Valencia Blvd., and north of Magic Mountain Parkway.and the Auto Center
in the unincorporated area of Los Angeles County adjacent to the City of Santa
Clarita. The North Valencia Specific Plan area is approximately 706.6 acres
within the North Valencia Annexation area and is generally located south of
Avenue Hopkins and east of Anza Drive and the west side of San Francisquito
Creek, south of Newhall Ranch Road, west of Bouquet Canyon Road and Valencia
Blvd., and north of Magic Mountain Parkway and the Auto Center in the
unincorporated area of Los Angeles County adjacent to the City of Santa Clarita.
b. In November 1995, the City and the Valenica Company entered into a non-
binding Memorandum of Understanding (MOU) regarding certain aspects of the
potential annexation of approximately 969 acres of unincorporated area in the
North Valencia area. At the time the MOU was adopted, the Valencia Company
stated their intention to request approvals for up to 3,690 dwelling units,
approximately 850,000 square feet of commercial uses, and 223,000 square feet
of industrial uses. Entitlements to be requested at the time of MOU approval
included a prezone, an annexation and development agreement, and tract maps.
The MOU specifically indicated that any annexation would be subject to
environmental review.
C. A prezone (MC95-242, PZ95-006) was approved on April 16, 1996 by the City
Council for portions of the North Valencia Annexation area through Ordinance
No. 96-12. An annexation request for the North Valencia Annexation
(Annexation No. 95-006) was filed with LAFCO in June 1996 following the
direction of the City Council on June 11, 1996 (Resolution 96-84). Following the
prezone and filing of the annexation request by the City, the Valencia Company,
herein referred to as the "applicant", submitted entitlement requests noted above
for a portion of the annexation area known as the North Valencia Specific Plan
Reso. 97-127
Page 2
Area which are subject to environmental review. The City's annexation request
is on hold at LAFCO at the request of the City and the applicant pending
approval of the environmental review document and the above entitlements.
d. On June 5, 1996, the applicant submitted the following entitlement requests:
(Master Case No. 97-120) Annexation and Development Agreement 96-001,
Annexation 95-006, Conditional Use Permit 96-010, TPM 20496 (Builder's South),
TPM 20669 (Valencia Industrial Center), TPM 18417 (Pony League), TPM 24516
(Overall Project Area), VTTM 51931 (Valencia Del Lago), VTTM 51281 (South
River) and VTTM 44832 (Arbor Park). Incomplete letters were sent on these
entitlement requests in July and staff noted that an Oak Tree Permit would also
be required. In January 1997, the applicant formally withdrew the application
for a CUP and all of the tract and parcel maps except for VTTM 51931. The
applicant submitted the following entitlement requests: a Specific Plan document
including a comprehensive plan of development and development standards for
the North Valencia Specific Plan area and Prezone 97-001 to change the zoning
within the area to the City zone SP (Specific Plan). Following review of the
specific plan document and revised site plan, staff recommended that a general
plan amendment be filed in order for the requested entitlements to be consistent
with the City's General Plan. On March 12, 1997, the applicant filed a request
for MC 97-041, OTP 97-009 to allow for possible encroachment upon oak trees,
and a general plan amendment to the text of the Land Use Element Valley
Center Concept narrative to allow for a North Valencia Specific Plan and an
amendment to the Land Use Map
The development application includes the proposed annexation of approximately
858 acres of unincorporated Los Angeles County land located adjacent to the City
boundary. This request would amend portions of Ordinance No. 96-12 to
establish the City of Santa Clarita prezone Specific Plan (SP) over 706.6 acres on
the areas known as the North Valencia Specific Plan area. The remaining
acreage in the annexation area would remain as previously prezoned by
Ordinance No. 96-12. The Specific Plan request includes entitlement for up to
2,000 dwelling units (750 single family detached, 1,250 multi -family attached),
636,000 square feet of commercial/retail, 167,000 square feet of
industrial/business park space, a 6.5 -acre elementary school site, a 15.2 -acre
lake/park, a 12.4 -acre community park, 4.9 acres of neighborhood parks, 355.6
acres of open space and over 5 miles of community trails; Vesting Tentative
Tract Map 51931 to subdivide 706 acres into 138 lots; An oak tree permit to
allow construction within 200 feet of the oak trees with no removals or
encroachments are proposed; and review and certification of the Environmental
Impact Report (SCH#96071077) prepared for this project. A development
agreement was also requested.
d. The original North Valencia Specific Plan request excluded a .6 acre Southern
2
Reso. 97-127
Page 3
California Gas Facility located on Magic Mountain Parkway; however, the City
proposes to include this area within the Specific Plan area to avoid the issue of
spot zoning. The North Valencia Specific Plan area is bisected by the
approximately 13 acre MWD property which is excluded from the Specific Plan
prezone; however, the City proposes to prezone this area Open Space (OS) in
order to be consistent with the surrounding uses proposed in the Specific Plan.
e. On June 25, 1991, the City Council adopted Resolution No. 91-98, adopting the
General Plan of the City of Santa Clarita and Certifying the Environmental
Impact Report. The City's General Plan presently designates the annexation
area as Commercial Town Center (CTC), Community Commercial (CC), Business
Park (BP), and Residential Moderate (RM), with a Valley Center Concept (VCC)
Overlay on the majority of the site and a Significant Ecological Area (SEA)
Overlay over the Santa Clara River and San.Francisquito Creek. The General
Plan does not specifically mention the North Valencia site as an area ideal for a
specific plan; however, the site does meet the minimum size of 100 contiguous
acres under single ownership as identified in the Specific Plan zoning standards
of the City's Unified Development Code . Zoning on the site is presently Los
Angeles County zones C2, Ml'/s,.and A2-5 and.has already been prezoned City of
Santa Clarita zones CTC (Commercial Town Center), CC (Community
Commercial), BP (Business Park), and RS (Residential Moderate).
f. The North Valencia Specific Plan area is vacant, generally flat, and was used for
agricultural purposes. The approximately 153 acres of the annexation area that
is excluded from the Specific Plan is flat and improved with industrial,
commercial and public utility uses. Mgjor.features of the annexation area include
the Santa Clara River, the South Fork of the Santa Clara River, San Francisquito
Creek, Bouquet Creek, a portion of the San Gabriel Fault Alquist-Priolo Special
Studies Zone, the MWD aqueduct pipeline and electrical transmission corridors.
g. The design of the project concentrates development within areas previously used
for agricultural uses and includes preservation of approximately 348.3 acres of
the Santa Clara River and San Francisquito Creek and 84 acres of upland buffer
area located adjacent to the River and Creek as identified in the North Valencia
Specific Plan document. The project proposes grading on approximately 281
acres of the 858 acre project site. The total amount of grading involves
movement of approximately 1.4 million cubic yards of on-site cut, 2.7 million
cubic yards of on-site fill and 1.5 million cubic yards of off-site earth to be
imported. Movement of approximately 850,000 cubic yards of the necessary off-
site fill has been approved from the northeast corner of McBean Parkway and
Newhall Ranch Road through conditional use permit No. 96-013 - (MC# 96-236).
The remaining earth would be imported from the area known as the Center City
Specific Plan area located east of the present terminus of Newhall Ranch Road,
Reso. 97-127
Page 4
east of Bouquet Canyon Road. A haul route for imported earth is included within
the Specific Plan document, however, specific haul route approval would be
required at the time of grading permit.
h. The City of Santa Clarita prepared an Initial Study for the project which
determined that the project may have a significant effect on the environment and
that an environmental impact report must be prepared. A Notice of Preparation
(NOP) for the annexation, annexation and development agreement, tentative
tract maps, conditional use permit and oak tree permit was mailed in July 1996
to affected agencies. A scoping meeting was held at the Valencia Town Center
Conference Room on August 7, 1996 to obtain information from the public as to
issues which should be addressed in the environmental document. Following a
substantial revision to the project with the withdrawal of the conditional use
permit application and six of the tentative maps in January 1997 and filing of a
request for a prezone, specific plan document, general plan amendment, and
revised vesting tentative tract map 51931, a subsequent NOP was prepared and
mailed in May 1997.
i. The Planning Commission went on a field visit to the North Valencia site on
Saturday, May 31, 1997 at 9:00 a.m., beginning in the Council Chambers for the
purpose of becoming familiar with the annexation and Specific Plan area.
j. The City Council held a study. session on this project on June 3, 1997 and
received an informational report on the status of this project. At that Council
Study Session the Council approved a preliminary processing schedule for this
project which identified various Planning Commission public hearing dates and
specific project topics to be discussed at each of these meetings. The goal of this
processing schedule was to reduce redundancy and allow the Commission and the
public to better prepare for the meetings. This processing schedule allowed for
each issue area of the Draft EIR to be discussed in a public forum during the
Draft EIR public comment period to allow for maximum public participation, with
numerous opportunities for the public to ask questions and receive information
concerning the environmental document and the project.
k. The Planning Commission received an informational presentation about the
North Valencia Specific Plan proposal at their regularly scheduled meeting on
June 17, 1997,at 7:00 p.m. at the City Council Chambers, 23920 Valencia
Boulevard, Santa Clarita. This presentation was given by staff to distribute
copies of the proposed North Valencia Specific Plan dated June 1997 and the
proposed Vesting Tentative Tract Map 51931 version dated June 13, 1997, to
provide the Commission with a background on the project application and to
provide the Commission with a review of the entitlements requested.
4
Reso. 97-127
Page 5
1. The North Valencia Specific Plan Draft Environmental Impact Report (DEIR)
was circulated for review and comment by the affected governmental agencies
and all comments received have been considered. The DEIR (SCH#96071077) was
distributed to the Planning Commission, the public and affected governmental
agencies for a 45 -day public review period beginning on August 1, 1997 and
ending on September 15, 1997, Late comments were accepted until September
22, 1997 to allow for mail delays.
in. Following the processing schedule set by the Council on June 3, 1997, the
Planning Commission held duly noticed public hearings on the North Valencia
Annexation and Specific Plan and related.entitlements commencing on July 1,
1997 and continuing on July 9, 1997, July 23, 1997, August 5, 1997, August 13,
1997, August 19, 1997, August 25, 1997, September 2, 1997, September 10, 1997,
September 24, 1997, October 7, 1997, October 15, 1997 and October 30, 1997.
These public hearings have been held at 7:00 p.m. at the City Council Chambers
and Orchard Rooms, 23920 Valencia Boulevard, Santa Clarita.
Five of the public hearings were held between August 5, 1997 to September 2,
1997 which was during the public comment period. These public hearings were
held for the purpose of providing an opportunity for the Commission and the
public to consider focused discussions on each of the environmental issue areas
discussed in the DEIR.
n. The Final EIR, herein incorporated by reference as Exhibit A, includes the Draft
EIR and the following: responses to written comments on the DEIR, responses
to public testimony regarding Draft EIR. issues raised at the public hearings
during the public comment period, modifications to the Draft EIR text, and the
Mitigation Monitoring and Reporting Program (MMRP). The Draft EIR was
provided to the Commission on August 1, 1997 and the remaining Final EIR
documents were prepared.and provided to the Planning Commission on October
3, 1997. The Proposed Specific Plan Text dated June 1997, herein incorporated
by reference as Exhibit B,also contains specific development standards and
policies that mitigate potential environmental impacts and was considered by the
Planning Commission, The Planning Commission has considered the Final EIR,
as well as information provided in staff reports, the amendment text and through
public testimony, prior to recommending project approval.
o. The City of Santa Clarita Development Review Committee met and supplied the
applicant with draft conditions of approval.
p. The project proposes the extension of all utility services to the project site.
Reso. 97-127
Page 6
q. Article 8-- Specific Plans Sec 65451 et seq. of the California Planning and Zoning
Laws defines the contents which must be included in a specific plan as follows:
(a) A specific plan shall include a text and a diagram or diagrams which
specify all of the following in detail:
(1) The distribution, location, and extent of the uses of land, including
open space, within the area covered by the plan.
(2) The proposed distribution, location, and extent and intensity of major
components of public and private transportation, sewage, water drainage,
solid waste disposal, energy, and other essential facilities proposed to be
located within the area covered by the plan and needed to support the
land uses described in the plan.
(3) Standards and criteria by which development will proceed, and
standards for the conservation, development, and utilization of natural
resources, where applicable.
(4) A program of implementation measures including regulations,
programs, public .work projects, and financing measures necessary to
carry out paragraphs (1), (2), and (3).
(b) The specific plan shall include a statement of the relationship of the
specific plan to the general plan.
Section 17.16.030 of the City's Unified Development Code (UDC) identifies
general requirements and performance standards for a specific plan zone. A
Specific Plan Zone shall:
(a) Include a minimum of 100 contiguous acres.
(b) Be determined by the Council after considering the recommendation of
the Planning Commission.
(c) Provide for the development of a comprehensively planned community
within the zone that is superior to development otherwise allowable under
alternate regulations.
(d) Provide for development within the zone in a manner consistent with the
General Plan and with related development and growth policies of the
City.
H
Reso. 97-127
Page 7
(e) Provide for the construction, improvement, or extension of transportation
facilities, public utilities, and public services required by development
within the zone.
S. A duly noticed public hearing was held by the City Council on November 4, 1997
at 6:30 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa
Clarita. At this meeting, the Council considered the project's Draft EIR, the
Final EIR., information provided in staff reports, the general plan amendment
text, the proposed specific plan document, the entitlement requests, the proposed
prezone for the property, the Annexation and Development Agreement, the
Planning Commission's considerations, and public testimony regarding the
project. The public hearing for the project was continued, with subsequent
meetings being held on November 25, 1997, December 2, 1997, December 9, 1997,
and December 18, 1997. The City Council formally closed the public hearing on
December 9, 1997, and continued the item for action to the meeting of December
18, 1997. The meeting of December 18 was held at 8:00 a.m. at the City Council
Chambers, 23920 Valencia Boulevard, Santa Clarita.
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 find as follows:
a. At the hearing described above, the City Council considered staff and consultant
presentations, staff reports, applicant presentations, and public testimony on the
proposal, and the FEIR prepared for the project.
b. The Specific Plan complies with Article 8 --Specific Plans Sec 65451 et seq. of
the California Planning and Zoning Laws by including the required text and
diagrams which specify all of the detail as described in Section Lq of this
Resolution No. P97-20.
C. The design of the subdivision and the type of improvements will not cause serious
public health problems, since water, sewage disposal, fire protection and other
public services and utilities are addressed in the Specific Plan, 3AMRP and
Conditions of Approval.
d. The project complies with the general requirements and performance standards
for the Specific Plan Zone. The project is consistent with the intent of the
Specific Plan Zone which was created to: facilitate development of certain areas
by permitting greater flexibility and consequently, more creative and imaginative
designs; promote more economical and efficient use. of land while providing a
harmonious variety of choices, higher level of amenities, and preservation of
natural and scenic qualities of open space; and ensure that development
7
Reso. 97-127
Page 8
substantially conforms to the approved plans.
e. Following a redesignation of the North Valencia Specific Plan area to SP (Specific
Plan) and.the MWD ownership area to OS (Open Space) on the City's General
Plan land use map, prezone SP (Specific Plan Zone) and OS (Open Space) as
identified in the Specific Plan for this project and adoption of the Specific Plan,
this Specific Plan project will be consistent with the City's General Plan and
Zoning Ordinance.
f. The City Council has adopted a Statement of Overriding Considerations for those
impacts in the project which cannot be mitigated to less than significant levels
and certified the FEIR for the project (Resolution 97-126).
SECTION 3. Based upon the foregoing facts and findings, the City Council hereby find
as follows:
a. An FEIR, Mitigation Monitoring and Reporting Plan (MMRP) and a Statement
of Overriding Considerations for this project have been prepared and circulated
in compliance with the California Environmental Quality Act and adopted as
certified as required by that Act.
b. This project as modified by the Planning Commission and City Council will not
adversely affect the health, peace, .comfort or welfare of persons residing in the
area; nor be materially detrimental to the use, enjoyment, or valuation of
property in the vicinity of the project site; nor jeopardize, endanger or otherwise
constitute a menace to the public health, safety, or general welfare since the
project conforms with the zoning ordinance and is compatible with surrounding
land uses.
C. The project is compatible with existing development in the area, consistent with
the City's General Plan and Zoning, and consistent with the State Planning and
Zoning Laws.
d. The applicant has substantiated the findings for approving a general plan
amendment, haul route, vesting tentative tract map and oak tree permit.
SECTION 4. The City Council hereby approves the following entitlements requested
under Master Case Nos. 95-242, 96-120, 97-041, and 97-063: General Plan Amendment 97-001
to the amend the Land Use Element Text and Land Use Map with text and map changes
attached hereto as Exhibit "A", Vesting Tentative Tract Map 51931, Oak Tree Permit 97-009
and a haul route and subject to the VTTM conditions which are attached hereto and
incorporated herein by this reference as Exhibit "B", which includes the MMRP which is
incorporated herein by this reference as Exhibit "C".
Reso. 97-127
Page 9
SECTION 5. The City Clerk shall certify to the adoption of this Resolution and certify.
this record to be.a full, complete, and correct copy of the action taken.
PASSED, APPROVED AND ADOPTED this day of , 19_
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify
that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita
at a regular meeting thereof; held on the day of 19_ by the
following vote of Council":
AYES: COUNCILMEM 3ERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
Reso. 97-127
Page 10
Exhibit A
General Plan Text and Map Changes
Incorporated. by Reference
10
Reso. 97-127
Page 11
Exhibit B
Conditions of Approval
Incorporated by Reference
11
Reso. 97-127
Page 12
sAcd\council\res97127.flf
Exhibit C
Mitigation Monitoring and Reporting Program
Incorporated by Reference
12
Resolution No. 97-149
JOINT RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES AND THE
CITY COUNCIL OF THE CITY OF SANTA CLARITA
APPROVING AND ACCEPTING NEGOTIATED EXCHANGE
OF PROPERTY TAX REVENUE RESULTING FROM
"ANNEXATION 1995-06" (NORTH VALENCIA)
TO THE CITY OF SANTA CLARITA
WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, prior to the
effective date of any jurisdictional change the governing bodies of all agencies whose service areas
or service responsibilities would be altered by such change must determine the amount of property
tax revenue to be exchanged between the affected agencies and approve and accept the negotiated
exchange of property tax revenues by resolution; but if the affected agency is a special district, the
Board of Supervisors must negotiate on behalf of the district; and
WHEREAS, the Board of Supervisors of the County of Los Angeles and the City Council
of the City of Santa Clarita have determined that the amount of property tax revenues to be
exchanged between their respective agencies as a result of the annexation of unincorporated
territory to the City of Santa Clarita, entitled "Annexation 1995-06" is as set forth below:
NOW, THEREFORE, BE IT RESOLVED:
1. The negotiated exchange of property tax revenue between the County of
Los Angeles and the City of Santa Clarita resulting from "Annexation 1995-06" is approved and
accepted.
2. For fiscal years commencing July 1, 1999, or the July 1 after the effective date of
this jurisdictional change, whichever is later, Eighty -Six Thousand, Eight Hundred and
Eighty -Four Dollars (86,884) in property tax revenue shall be transferred from the County of
Los Angeles to the City of Santa Clarita. In addition, for each fiscal year commencing
July 1, 1999, or the July 1 after the effective date of this jurisdictional change, whichever is later,
a percentage of the annual tax increment (ATI) attributable to the Tax Rate Areas within the
Santa Clarita" Annexation 1995-06" area, as set forth below, shall be transferred from the County
of Los Angeles to the City of Santa Clarita, and the County's share of incremental tax growth
shall be reduced accordingly:
Tax Rate Area
ATI%
1339
0.055849657
1785
0.062634883
1787
0.065412089
2626
0.056068329
6788
0.059370964
6807
0.063546360
6809
0.063546360
8011
0.060017108
8075
0.060908982
8711
0.057428528
8745
0.059370964
8751
0.050413281
11737
0.061021601
11765
0.061021601
11767
0.061021601
3. For fiscal years commencing July 1, 1999 or the July 1 after the effective date of
this jurisdictional change, whichever is later, all property tax revenue received by Road District
No. 5 attributable to the Santa Clarita "Annexation 1995-06" area shall be transferred to the
County of Los Angeles.
4. In the event that all or a portion of the annexation area is subsequently included
within a redevelopment project pursuant to California Community Redevelopment Law
(California Health & Safety Code Sections 33000 et seq.), the City of Santa Clarita shall not
2
adopt the ordinance approving the redevelopment plan with respect to the annexed area until such
time as the Redevelopment Agency of the City of Santa Clarita has diligently and in good faith
complied with all applicable provisions of the California Community Redevelopment Law,
including but not limited to consultation. with the County with respect to the plan and to the
allocation of taxes, pursuant to Health & Safety Code Section 33670 or any other relevant
provision of law. Any ordinance approving a redevelopment project that includes this annexed
area and which does not comply with this paragraph shall be void and of no effect with regard to
the subsequent allocation and distribution of taxes to the Redevelopment Agency.
PASSED, APPROVED AND ADOPTED this day of 1998,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor, City of Santa Clarita
The foregoing resolution was adopted by the Board of Supervisors of the County of
Los Angeles on this day of , 1998.
ATTEST:
JOANNE STURGES, Executive.Officer-
Clerk of the Board of Supervisors
Lm
Deputy
c: document\ttr\sc95-06
COUNTY OF LOS ANGELES
Chair, Board of Supervisors
El
DEC -16-1997 1235 FROM N,G,K&E — O.C. OFFICE TO 18052552355 P.49
RECORDING REQUESTED BY RECORDING FEES EXEMPT DUE TO
AND WHEN RECORDED MAIL To: GOVERNMENT CODE SECTION 27383
City of Santa Clarita
23920 Valencia Boulevard
Suite 300
Santa Clarita, CA 91355
City Clerk
Santa Clarita, California
Attn.: City Manager
(Space Above Line For Recorder's Use Only)
NORTH VALENCIA
ANNEXATION AND DEVELOPMENT AGREEMENT 966-001
BY AND BETWEEN THE CITY OF SANTA CLARITA
AND THE NEWHALL LAND AND FARMING COMPANY
DEC. 16 '97 (TUE) 13:90 COMMUNICATION No:32 PAGE. 49
DEC -16-1997 12:36 FROM N.G.K&E - O.C. OFFICE TO 18052552355 P.50
TABLE OF CONTENTS
Section I. Definitions
Section II. Obligations of Owner ....................................................................................................5
A. Cooperation with Annexation.......................................................................................6
B. Santa Clara River Conservation Area.....................................:.......................................6
1. Conveyance..........................................................................................................6
2. River Improvements.............................................................................................7
3. Buried Bank Stabilization ............................ -...................................................... 8
4. Buried Bank Stabilization Materials....................................................................8
C. Lago de Valencia - Lake Park Access... ....................................... I .................................. 9
D. Use of Pony League Ballfields........................................................................................9
E. Light Rail Right -of -Way
.............................................9
F. Valencia Industrial Center - Bus Stop Pads .......... - .......................................................10
G. Transit Fees..............................................................................................................10
H. Roads to City Standards................................................................................................10
I. Landscaped Center Medians...........................................................................................10
J. Traffic Calming Measures..............................................................................................10
K. Elementary School Site.................................................................................................10
L. Extension of City s River Trail System.........................................................................1 l
M. Bike Lane on Newhall Ranch Road.............................................................................11
N. Class I Bike Lane on Newhall Ranch Road Bridge over Bouquet
Creek.......................................................................................................................12
O. CIass I II Bike Lane on Avenue Scott ...........................................................................12
P. Class II Bike Lane on Avenue Scott Bridge..................................................................12
OCV73400O02
DEC. 16 '97 (TUE) 13:31 COMMUNICATION Na:32 PACE. 50
DEC -16-1997 1236 FROM N.G.K&E — D.C. OFFICE TO 18052552355 P.51
Q. Bike Lane/Paseo on Magic Mountain Parkway............................................................12
R. Class II Bike Lane along McBean Parkway..................................................................12
S. Enhanced Sidewalk on McBean Bridge........................................................................12
T. Improvement of Community Park.................................................................................13
U. River Parks....................................................................................................................13
V. Pedestrian Overcrossing Bridges..................................................................................14
W. Design of Commercial Sites.........................................................................................14
X. Avenue Scott Crossing on San Francisquito Creek....................................:...:.............14
Y. Installation of Infrastructure Improvements..................................................................14
Z. Landscape and Maintenance District.............................................................................14
SectionIII. Annexation..... ................................................... .................... ................................... 14
A. Timing
B. Terni ......... ...............................
............................................14
..........................................14
Section IV. Project Development.................................................................................................16
A. Permitted Uses..............................................................................................................16
B. Rules, Regulations and Official Policies.......................................................................16
1. Applicable Rules................................................................................................16
2. Conflicting Enactments......................................................................................17
C. Administrative Modifications.......................................................................................17
D. Permitted Fees...............................................................................................................19
E. Term of Map(s) and Other Project Approvals...............................................................19
F. Tinting of Development............................................................ -................................... 20
G. Moratorium...................................................................................................................20
H. Vesting of Owner's Rights ..................
I. Infrastructure Capacity
...............................21
..........................................................21
DEC. 16 '97 (TUE) 13:31 COMMUNICATION No:32 PACE. 51
DEC -16-1997 1236 FROM N,G,K&E - O.C. OFFICE TO 16052552355 P.52
J. School Mitigation Obligations.......................................................................................21
K. Satisfaction of Park Land Obligations..........................................................................21
L. Public Financing Districts.........................................................................................22
M. Bridge and Thoroughfare Fees and Roadway Improvements......................................22
1. B&T District ..................................................
2. B&T District Fees..............................................................................................23
3. Non-B&T Improvement Fees............................................................................23
4. Calculation of Fees for Commercial, Industrial and Residential
Areas......... ......................................................................................23
S. Pre-B&T Trak Fees
6. Credits................................................................................................................24
7. Transfer of Credits............................................................................................24
N. Infrastructure Improvements.........................................................................................24
1. Infrastructure Phasing Plan.
2. Reservation of infrastructure Capacity ..............................................................24
3. Reimbursement and Apportionment..................................................................25
O. Development Agreement(Project Approvals
.............25
Section V. Cooperation/Implementation......................................................................................25
AFurther Assurances; Covenant to Sign Documents.......................................................25
B. Processing.....................................................................................................................25
C. Processing During Third Party Litigation.....................................................................26
D. State, Federal or Case Law ............................................................................................26
E. Other Governmental Bodies..........................................................................................27
F. Defense of Agreement..................................................................................................28
Section V1. General Provisions.....................................................................................................28
3 -
DEC. 16 ' 97 (TUE) 13:32 COWUNICATION Nc:32 PACE. 52
DEC -16-1997 1237 FROM N.G.K&E - O.C. OFFICE TO 18052552355 P.53
A. Covenants Run with the Land.......................................................................................28
B. Transfers and Assipments...........................................................................................28
1. Right to Assign..................................................................................................28
2. Liabilities Upon Transfer...................................................................................29
C. Mortgagee Protection
...........................................................................3 0
D. Statement of Compliance..............................................................................................31
E. Default...........................................................................................................................31
F. Annual Review
G. Default by City
...........32
...................................................33
H. Legal Action..................................................................................................................33
I. Waiver; Remedies Cumulative.......................................................................................34
J. Future Litigation Expenses.............................................................................................34
1. Payment to Prevailing Party...............................................................................34
2. Scope of Fees.....................................................................................................34
K. Non -Recourse...
...............35
L. Permitted Delays; Supersedure by Subsequent Laws....................................................35
1. Permitted Delays................................................................................................35
2. Supersedure by Subsequent Laws......................................................................35
M. Amendment of Agreement
N. Operating Memoranda..................................................................................................37
SectionVII. Miscellaneous...........................................................................................................37
A. Negation of Partnership................................................................................................38
B. No Third Party Beneficiary...........................................................................................38
C. Entire Agreement..........................................................................................................38
D. Severability ...................................................................................................................38
-4.
DEC: 16 '97 (TUE) 13:32 COMMUNICATION No:32 PACE. 53
DEC -16-1997 1237 FROM N.G,K&E - O.C. OFFICE TO 16052552355 P.54
E. Construction of Agreement...........................................................................................39
F. section Headings...........................................................................................................39
G. Applicable Law and Interpretation................................................................................39
H. Notices..........................................................................................................................39
I. Time is of the Essence................................................................................,......40
J. Recordation...................................................................................................................41
-5.
DEC, 16 '97 =E) 19:32 COMMUNICATION No:32 PACE. 54
DEC -16-1997 12:15 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.02
NORTH VALENCIA
ANNEXATION AND DEVELOPMENT AGREEMENT 96-001
THIS ANNEXATION AND DEVELOPMENT AGREEMENT ("Agreement") is
made and entered into as of this _ day of , 1997, by and between the CITY OF
SANTA CLARITA, a municipal corporation ("City"), and THE NEWHALL LAND AND
FARMING COMPANY, a California limited partnership ("Owner").
WITHE.aS1;.M
A. The lack of certainty in the approval of development projects can result in
a waste of resources, escalate the cost of housing and other development, and discourage
investment in and commitment to comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public.
B. California Govemment Code Sections 65864-65869.5 (the 'Development
Agreement Statute") and Santa Clarita Municipal Code, Chapter 22.16, Part 4 (the "City's
Development Agreement Ordinance, ), therefore authorize the City to enter into binding
development agreements with persons having legal or equitable interests in real property.
C. Owner has a legal or equitable interest in certain real property located in
the unincorporated area of the County of Los.Angeles (the "County"), as more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Specific
Plan Area").
D. The following individual Planning Areas, depicted on Exhibit "B,"
collectively comprise and are referred to herein as the "Specific Plan Project" (all numbers are
approximate):
DEC. 16 '97 (TUE) 13:10 COMMUNICATION Ne:32 FACE -2
DEC -16-1997 12:15 FROM N,G,K&E — O.C. OFFICE TO 18052552355 P.03
(i) Valencia Del Lago: a 228.1 -acre mixed use development
including 1,100 residential units and 110,000 square feet of commercial space;
(ii) Bouquet South Commercial: a 24.7 -acre development
providing 162,000 square feet of commercial space;
(iii) Pony League: 53.1 acres including 13.0 acres of commercial
development providing 180,000 square feet of commercial space and 17.2 acres, devoted to
playing fields;
(iv) South River Village: a 92.7 -acre mixed use neighborhood
including 900 units of high and medium density residential, parks and 184,000 square feet of
commercial space;
(v) Valencia Industrial Center: an 18 -acre development
providing 167,000 square feet of commercial space; and
(vi) Santa Clara River Conservation Area: 295.6 acres of
riverbed and banks, all of which will be conveyed to City for open space, habitat preserve and
recreational purposes.
Each of the foregoing may bereferred to herein individually as a "Planning Area."
E. On March 26,1996; the Santa Clarita City Council (the "City Council")
adopted Resolution 96-37 approving a Negative Declaration pursuant to the California
Environmental Quality Act ("CEQA") and adopted Ordinance No. 96-12 prezoning the Specific
Plan Area (the "Prezone").
F, On , 1997, the City Council, after making appropriate
findings, certified an Environmental Impact Report (State Clearinghouse No. 96071077) (the
"EIR") pursuant to the provisions of CEQA and thereafter considered the North Valencia
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COMMVNICATION Ne:92 PAGE.y
DEC -16-1997 :12:16 FROM N,G,K&E - D.C. OFFICE TO 18052552355 P.04
Annexation Project (Master Case Nos. 95-242,96-120,97-o63) and granted the following
approvals:
PIan");
General Plan Amendment 97-001;
2, North Valencia Specific Plan Prezone 97-001 (the "Specific
3. Annexation No. 95-006;
4, Vesting Tentative Tract Map No. 51931 ("Map No. 51931");
5. Oak Tree Permit 97-009; and
6. Haul Route.
Collectively, the foregoing approvals, along with this Agreement, shall
constitute the "Project Approvals".
G. Annexation and development of the Specific Plan Project will further the
comprehensive planning objectives contained within City's general plan (the "General Plan") and
will result in the City and community benefits outlined in Section 11 below.
H. For the reasons recited herein, City has determined that the Specific Plan
Project is a development for which a development agreement is appropriate under the
Development Agreement Statute and City's Development Agreement Ordinance.
L The City Council has determined that this Agreement is consistent with
City's General Plan and the Specific Plan and has determined that this Agreement is fair, just and
reasonable, and City has concluded that the economic interests of its citizens and the public
health, safety and welfare will be best served by entering into this Agreement.
The Plarming Commission of City held a duly noticed public hearing on
this Agreement on October 30, 1997 and recommended that the City Council approve this
Agreement.
-3-
DEC-16 '97 (TUE) 13:11 COMMUNICATION Na:32 PAGE,4
DEC -16-1997 12:16 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.05
K. The City Council, after a duly noticed hearing on � 1997,
adopted Ordinance No. 97-20, approving this Agreement on
ordinance became effective on
1997 (the "Effective Date").
1997, which
NOW, THEREFORE, with reference to the foregoing recitals and in consideration
of the mutual promises, obligations and covenants herein contained, the parties hereto agree as
follows:
aggLoaL Definitions. The following terms shall have the meanings defined for
such terms in the Sections set forth below:
Term Section
Administrative Modifications
Section N.C.
Agreement
Introduction
Applicable Rules
Section W.B.I.
Applicable Rules Effective Date
Section IV.B.1.
B&T District
Section IV.M.1.
B&T Fees
Section IV.M.2.
CEQA
Recital E
City
Introduction
City Council
Recital E
City's Development
Agreement Ordinance
Recital B
Conditions of Approval
Section II.B.2.e.
County
Recital C
Development Agreement
Statute
Recital B
Effective Date
Recital K
EIR
Recital F
Future Approvals
Section IV.C.iv.
General Plan
Recital G
Lake Park
Section II.C.
Map No. 51931
Recital F
Ministerial Approvals
Section V.B.3.
Mortgagee
Section VI.C.
Non-B&T Improvements
Section IV.M.1.
Notice of Non -Compliance
Section VI.F.
Owner
introduction
Planning Area
Recital D
Playing Fields Parcel
Section II.D.
Prezonc
Recital E
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(TUE) 13:11 COMMUNICATION N-:32 PACE.5
DEC -16-1997 12:17 FROM
N,G.K&E - O.C. OFFICE
Project Approvals
River Conservation Area
River Landscaping/Improvemcnt
System
Specific Plan
Specific Plan Area
Specific Plan Project
Subsequent Rules
Term
TO 16052552355
Recital F
Section II.B.La.
Section II.B.2.b.
Recital F
Recital C
Recital D
Section IV.B.2.
Section III.B.
Section II. Obligations of Owner. In consideration of City entering into this
Agreement, Owner agrees to perform certain obligations in connection with the development
within the Specific Plan Area, which will have an overall benefit to City and the community.
These obligations include:
.5 -
DEC. 16 '97 (TUE) 13=12 COMMUNICATION N.:32 PAGE -6
DEC -16-1997 12:17 FROM N,G,K&E - O.C. OFFICE TO iSO52552355 P.07
A. Cooperation with Annexation. Owner will cooperate with City to
complete the annexation of the Specific Plan Area into the City. City hereby agrees that
annexation of the Specific Plan Area will occur when the Project Approvals and the EIR have
been approved and the Project Approvals and EIR have become final, i.e., the time for a legal
challenge has expired without a challenge leaving been filed or a final judicial determination
rejecting such a challenge has been rendered.
B. Santa Clara River Conservation Area.
Conveyance.
a. Following annexation, Owner will convey to the City
approximately 295.6 acres of the Santa Clara River (the "River Conservation Area") for a
purchase price of One Million Five Hundred Thousand Dollars ($1.5 Million). City hereby
acknowledges that the conveyance of the River Conservation Area will be subject to a river
conservation easement granted by Owner to the California Department of Fish and Creme and
that Owner will retain all water and mineral rights lying under the River Conservation Area and
will reserve blanket easements for accessing, constructing and maintaining utilities, infrastructure
and landscaping as may be required by City or other governmental agencies.
b. The boundaries of the River Conservation Area and
contiguous Planning Areas may be modified upon the mutual agreement of Owner and City.
C. Owner has made application for a Corps of Engineers
Permit to perform work in the River Conversation Area consistent with the Project Approvals.
The Corps of Engineers Permit will, among other things, establish boundaries where bank
stabilization work will be permitted. If the Corps of Engineers Permit boundaries differ from the
Project Approvals, or if the Permit boundaries are ever revised, City hereby agrees to approve
corresponding minor modifications to the River Conservation Area and contiguous Platting
-6-
DEC, 16 '97 (TUE) 13:12 COMMUNICATION No:32 PAGE -7
DEC -16-1997 12:17 FROM NPG,K&E - O.C. OFFICE TO 18052552355 P.OH
Area boundaries, provided that such minor modifications do not significantly expand the
Planning Area boundaries and that such minor modifications remain consistent with the Specific
Plan.
2. River Improvements.
a. Owner shall install landscaping and other improvements
within the River Conservation Area valued at no less than One Million Five Hundred Thousand
Dollars ($1.5 Million) for the purpose of habitat enhancement and recreational use.
b. Attached hereto as Exhibit "C" is a "System for
Landscaping and Improvement of River Conservation Area" (the "River
Landscapingiimprovcmcnt System") which (i) lists a variety of pre -approved plants, trees,
flowers, bushes, grasses and ground covers that may be planted by Owner within the River
Conservation Area and (ii) lists the types of pre -approved improvements that may be made
within and along the River Conservation Area. Owner's installation of landscaping and
improvements shall be completed concurrently with the development of the adjacent Planning
Area.
C. If the River Conservation Area is conveyed to City prior to
the completion of landscaping and improvements by Owner, City shall execute all necessary
easement and other agreements as may be necessary to permit Owner to complete the
landscaping and improvements or, as an alternative and at City's request, Owner shall pay to City
the, balance remaining in the One Million Five Hundred Thousand Dollar (s 1.5 Million) fund
whereupon City shall thereafter be responsible for completing the landscaping and improvement
of the River Conservation Area.
d. The parties recognize that the cost of Owner's River
Conservation Area landscaping and improvements is likely to exceed the One Million Five
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COMMUNICATION Na:32 PAOr.e
DEC -1G-1997 12:18 FROM N,GfK&E — O.C. OFFICE TO 18052552355 P.09
Hundred Thousand Dollar ($1.5 Million) commitment by Owner. If the cost of landscaping and
improvements exceeds One Million Five hundred Thousand Dollars ($1.5 Million), City shall
use reasonable best efforts to reimburse Owner for such excess to the extent that City has funds
available from grants or other sources.
e. Following Owner's installation of landscaping and
improvements along the River Conservation Area or any portion thereof, owner shall, upon
notifying City of such installation, immediately thereafter be relieved from responsibility for the
maintenance, repair, replacement and restoration of such landscaping and improvements, with
the. exception of any required riparian mitigations in the River Conservation Area adjacent to
Lago de Valencia, which shall be maintained by Owner as specified in the conditions of approval
to Map No. 51931("Conditions of Approval").
3. Buried Bank Stabilization. The Specific Pian provides for a buried
bank stabilization element which is different from the rip rap or concrete stabilization methods
favored by Los Angeles County Public Works, Flood Control Division. The buried bank
stabilization element shall constitute a part of the River Conservation Area improvements
described in Section II.B.2.a. above. After construction of the buried bank stabilization element,
the affected area will be revegetated by Owner.
4. Buried Bank Stabilization Materials. Owner shall be permitted to
use gunite, grouted rip rap, ungrouted rip rap, soil cement or other bank stabilization materials
throughout the Specific Plan Project Area, as approved by City. When bank stabilization
materials have been completed within the River Conservation Area, or any portion thereof,- and
City has accepted the work, City shall thereafter be responsible for the maintenance, repair,
replacement and restoration of all stabilization materials used within the accepted area-
-8 -
DEC -16 '97 (TUE) 13:13 COMMUNICATION No:32 FAGE.9
DEC -16-1997 12:18 FROM N,G,K&E — D.C. OFFICE TO 18052552355 P.10
C. LggQ de Valencia - Lake Park Access. The Lago de Valencia Planning
Area will contain a 15.2 (approximate) acre lake to be known as "Lake Park". The ultimate size
of Lake Park may vary depending on its final design. Owner agrees to include in the Lago de
Valencia CC&Rs a provision describing the public's access rights (through the paseo and City's
trail system described in the Specific Plan) to Lake Park. The CC&Rs will provide that the
CC&R provision relating to the public's access rights to Lake Park may not be amended without
the prior written consent of City.
D. Use of Pony Logue Ballfields. Following completion of development of
the commercial portion of the Pony League Planning Area, Owner will convey the 17.2 acre
playing fields parcel (the "Playing Fields Parcel") to City or as City may otherwise direct. Such
conveyance shall be subject to a condition subsequent that provides that should the Playing
Fields Parcel, or any portion thereof, ever be used for any purpose other than its current use, i.e.,
Pony League baseball, title to the Playing Fields Parcel shall be subject to the right of Owner to
reenter the Playing Fields Parcel and to cause the ownership of the Playing Fields Parcel to revert .
to Owner. In addition, Owner will provide improved access to the playing fields by means of a
signalized intersection on Valencia Boulevard, which signalized intersection shall be installed as
apart of and concurrently with the development of the commercial portion of the Pony League
Planning Area.
E. Light Rail Right -of -Way Consistent with the City's General Plan policies
2.1-2.9 of the Circulation Element, nothing in the Specific Plan, this Agreement or any, other
Project Approval will preclude future actions by City to identify and reserve commuter rail and
commuter rail stations in locations currently under review in the Southern California Association
of Governments Ventura - Santa Clarita Rail Right -of -Way Restoration Study.
-9-
COMMUNICATION No:32 PAOE.'10
DEC -16-1997 12:19
FROM N.G:K&E - O.C. OFFICE
TO
18052552355 P.11
F.
Valencia Industrial Center - Bus
Ston Pads.
Owner shall install bus stop
pads (approximately 8' by 20' in size adjacent to the curb) at up to 20 locations within the
Valencia Industrial Center at locations to be agreed upon by Owner and City. Owner shall
receive full credit for all costs of the design and installation of the bus stop pads toward Owner's
obligations for City's transit mitigation fees.
G. Transit Fees. Owner shall pay transit fees as provided in the Project
Approvals, less credits for the Valencia Industrial Center bus stop pads as provided in
Section II.F of this Development Agreement and for other transit -related improvements other
than as provided in this Development Agreement, which City may request that Owner construct.
The net amount of transit fees owed by Owner after such credits shall be reduced by fifty percent
(5o%) if Owner pays such reduced amount on the date of recordation of the first residential unit
in any of the Planning Areas.
H. Roads to Ci dards. New roads within the Specific Plan Project will
be constructed to City, not County standards.
I. Landsea_ ped Center Medians. Roads that are improved to major highway
standards within and adjacent to the Specific Plan Project will provide landscaped center
medians (as specified on Map No. 5193 1) designed to City standards.
7. Traffic Calming Measures. Traffic calming measures such as traffic
circles, medians, narrower street and driveway sections, serpentine roadway design, diagonal
parking and other design features may be included in the Specific Plan Area to reduce traffic
speed and enhance safety.
K. Elementary School Site. In accordance with the terms of an agreement
between Saugus Union School District and Owner, a 6.5 acre school site in the Lago de Valencia
Planning Area will be conveyed to the Saugus Union School District. The school site will be
-10-
-6 *97 (TILE) 13:14 COMMUNICATION No:32 PACE. 11
DEC -16-1997 '12:19 FROM N,G,K&E - O.C. OFFICE TO 16052552355 P.12
centrally located and integrated into City's trail and paseo system so that safe and convenient
access for children in adjacent neighborhoods and Planning Axeas is provided.
L. Extension of -City's River 11MI -stem. The Specific Plan Area will
include a 5.5 mile (approximate) extension of the City's river trail system adjacent to several of
the. Planning Areas. The 5.5 mile extension of the City's river trail system is in addition to the
River Conservation Area and shall be constructed by Owner as described in Sections IT.L-R
below.
M. Bike Lane on Newhall Ranch Road. owner shall replace the existing
temporary bike lane in the same approximate alignment and dimension and with Portland
concrete cement materials on the north side of Newhall Ranch Road from approximately
Grandview Drive to McBean Parkway. Owner shall extend the bike lane (in the same
approximate dimension and with the same materials) along the north side of Newhall Ranch
Road from McBean Parkway to the cast end of the San FrancisquitoCreekBridge and along the
south side of Newhall Ranch Road from the west end of the San Francisquito Creek Bridge to
Avenue Tibbitts. Owner shall construct a Class I bike lane approximately 12' in width within a
Wright of way on the south side of the San Francisquito Creek Bridge concurrently with the
widening of the San Francisquito Creek Bridge for traffic purposes. In addition, an
undercrossing on the west side of the San Francisquito Creek Bridge shall be constructed by
Owner concurrently with the widening of the San Francisquito Creek Bridge for traffic purposes.
All temporary bike lanes' surfaces will be asphalt until the adjacent property is
developed at which time the bike lanes will be upgraded to a Portland concrete cement surface;
however, if the asphalt deteriorates significantly prior to the development of the adjacent
property, Owner will cause the bike lanes to be upgraded to a Portland concrete cement surface
or to be repaired to the satisfaction of City.
-11-
DEC. 16 '97 (TUE) 13:15 COMMUNICATION N.:32 PAGE. 12
DEC -16-1997 12:57
FROM
N.G,K&E - O.C. OFFICE TO
18052552355 P.97
N.
Class
I Bike Lane on Newhall Ranch Road Bridge
over Bouquet Creek.
owner shall construct a Class I bike lane approximately 12' in width within a Wright of way on
the south side of the Newhall Ranch Road Bridge concurrently with the widening of the Newhall
Ranch Road Bridge for traffic purposes.
O. Class 11 Bike Lane on Avenue Scott. Owner shall construct a Class II bike
lane approximately 6' in width within the road right of way on either the north or the south side
of Avenue Scott between McBean Parkway and the east side of the Avenue Scott Bridge.
P. Class 11 Bike Lane on Avenue Scott Bride. Owner shall construct a Class
II bike lane approximately 6' in width on either the north or the south side of the Avenue Scott
Bridge when the bridge is constructed.
Q. Bike Lane/Paseo on Magic Mountain Parkway. Owner shall contract a
bike lanalpaseo approximately 10' in width along the north side of Magic Mountain Parkway
west of McBean Parkway concurrently with the widening of Magic Mountain Parkway or with
the development of the Planning Area adjacent thereto.
R. CIass II Bike Lane along McBean Parkway. Owner shall construct Class
11 bike lanes along the east and west side of McBean Parkway north of the Santa Clara River to
Newhall Ranch Road, and along the west side of McBean Parkway south of the Santa Clara
River to Magic Mountain Parkway concurrently with the widening of McBean Parkway or the
development of the PIanning Area adjacent thereto,
S. Enhanced Sidewalk on McBean $ridee. Owner shall construct an
enhanced sidewalk approximately G in width on the west side of McBean Bridge concurrently
with the widening of McBean Bridge for traffic purposes. The existing 1Q' bike lane on the east
side of McBean Bridge shall be used for bicyclists and pedestrians. A barrier shall be
-12-
TOTAL P.97
DEC. 16 ' 97 (TUE) 13:52 COMMUNICATION Na:92 PAGE. 97
DEC -16-1997 12:20 FROM N.G,K&E — O.C. OFFICE TO 18052552355 P.14
constructed by Owner to separate the existing bike lane from vehicular traffic. No additional
right of way shall be required for the barrier.
T. Imtnnvement of Community Pazk Owner agrees to dedicate a 12.4 acre
community park within the Lago de Valencia Planning Area In addition, Owner agrees to
improve the community park with turf and trees and two baseball diamonds, one of which shall
be equipped with a backstop. In addition, Owner agrees to lay out the location of two soccer
fields. Owner also agrees to purchase and install play equipment for the park provided that the
cost of the equipment, including installation, shall not exceed Twenty Thousand Dollars
($20,000). Owner shall also purchase and install picnic furniture and shall construct a shade
structure for the picnic area. Owner's plans for the improvement and equipping of the
community park shall be subject to the reasonable approval of City's Department of Parks and
Recreation. The 12.4 acre community park will be improved and equipped and available for
joint use in connection with the opening of the elementary school. A joint use agreement will be
entered into between City and the Saugus School District regarding the use and maintenance of
the, community park. In addition, Owner shall use reasonable efforts to acquire permission from
the MWD to use and improve the adjacent six acre MWD property for additional park lands, in a
manner consistent and compatible with the adjacent 12.4 acre community park,
U. River Parks. Owner agrees to dedicate and construct two neighborhood
parks of 2.0 acres (including 1.4 acres of buffer area) and 2.7 acres respectively as depicted by
the Specific Plan. The 2.7 acre park will be located in Lago de Valencia adjacent to the river trail
and River Conservation Area, will be improved by Owner with decomposed granite trails and
will preserve existing oak trees. The 2.0 acre park will be located in South River Village and
will provide a staging area for access to the river trail and River Conservation Area.
-13-
13:16 COMMUNICATION No:32 PAGE.14
DEC -16-1997 1221 FROM N,G.K&E - O.C. OFFICE TO 18052552355 P.15
V. Pedestrian Overcrossing Bridges. Two pedestrian bridges (over McBean
Parkway and Newhall Ranch Road) will be constructed by Owner to provide pedestrian linkage
to paseos, trails, parks and commercial areas. Following completion of each pedestrian bridge,
Owner shall dedicate and City shall accept dedication of each bridge and shall thereafter be
responsible for the maintenance and repair thereof.
W. Design of Commercial Sites. Commercial sites will be designed by
Owner to be pedestrian friendly and to avoid conflicts with on site auto traffic wherever possible.
X. Avenue Scott mui g on San ranciNu-ito Cmek. Within one year after
completion of the Old Road improvement project by the County, construction will begin on the
existing at grade crossing of Avenue Scott at San Francisq to Creek to be upgraded by Owner to
a bridge crossing.
Y. Installation of Infrastructure Improvements. This Agreement will assure
progressive installation of infrastructure improvements for the benefit of the community and the
Specific Plan Project Area.
Z. Landscape and Maintenance District. Owner will cooperate with City in
the establishment of a Landscaping and Maintenance District that will provide for maintenance
of landscaping for medians, parkways and paseo bridges.
Section III. Annexation.
A. Timis . Annexation proceedings regarding annexation of the Specific
Plan Project Area shall not be completed until all Project Approvals have been granted. If
annexation proceedings are not completed on or before December 31, 1999, either party may
terminate this Agreement in which case it shall be of no further force or effect.
B. Term. This Agreement shall commence upon the Effective Date and shall
extend fifteen (15) years from the Effective Date (the "Term"), unless said term is otherwise
-14-
DEC-16 '97 (TUE) 1316 COMMUNICATION Ne:92 PAGE. 15
DEC -16-1997 1221 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.i6
terminated, modified or extended by circumstances set forth in this Agreement or by mutual
consent of the parties.
Following the expiration of the Term, this Agreement shall be deemed terminated
and of no further force and effect; provided, however, such termination shall not affect any right
or duty arising from City approvals, including, without limitation, the Project Approvals, the
Future Approvals or the Ministerial Approvals.
This Agreement $ball terminate with respect to any lot and such lot shall be
released and no longer be subject to this Agreement, without the execution or recordation of any
further document, when a certificate of occupancy has been issued for the building(s) on the lot.
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(TUE) 13:16 COMMUNICATION Ne:32 PAGE.16
DEC -16-1997 12:22 -FROM N.G.K&E - O.C. OFFICE TO 18052552355 P.17
Section IV, Project Development.
A. Permitted Uses. The parties hereby agree that, for the term of this
Agreement, the permitted uses, the density and intensity of use, the maximum height and size of
proposed buildings, provisions for reservation or dedication of land for public purposes and loca-
tion of public improvements, shall be those set forth in this Agreement, the Project Approvals
and the "Applicable Rules" (as hereinafter defined).
B. Rules Regulations and Official Policies.
1. ApRlicable Rules. The parties hereby agree that, for the term of
this Agreement, the rules, regulations and official policies governing permitted uses, governing
density, and governing design, improvement and construction standards and specifications
applicable to devclopmem of the Specific Plan Area as well as all fees (including processing fees
except for building permit and review fees) and exactions, shall be those rules, regulations and
official policies, fees and exactions of the City in force and as interpreted by the City by policy
or practice on March 25, 1997 (the "Applicable Rules Effective Date"), i.e., the date on which
Owner's application for Map No. 51931 was deemed complete (the "Applicable Rules"). The
parties agree that the rules, regulations and official policies set forth on Exhibit "D" hereto
constitute the parties' best effort to list the Applicable Rules.
Notwithstanding the foregoing, nothing in this Agreement shall preclude City
from applying changes occurring from time to time in the Uniform Building Code, Uniform
Electrical Code, Uniform Fire Code, Uniform Mechanical Code, or Uniform Plumbing Code,
provided that such changes (i) are found by City to be necessary to the health or safety of the
citizens of City, (ii) are generally applicable to all property in City, and (iii) do not prevent or
unreasonably delay development of the Specific Plan Project Area in accordance with this
Agreement.
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COMMUNICATION N.:92 PAGE.17
DEC -16-1997 12:22 FROM N,G,K&E - O.C. OFFICE TO 16052552355 P.18
2. Conflicting Enactments. Any change in the Applicable Rules,
including, without limitation, any change in any applicable general, area or specific plan, zoning,
subdivision or building regulation, adopted or becoming effective after the Applicable Rules
Effective Date, including, without limitation, any such change by means of an ordinance,
initiative, resolution, policy, order or moratorium, initiated or instituted for any reason
whatsoever and adopted by the City Council, the Planning Commission or any other board,
commission or department of City, or any officer or employee thereof, or by the electorate, or by
a court, as the case may be, which would, absent this Agreement, otherwise be applicable to the
Specific Plan Area and which would conflict in any way with or be more restrictive than the
Applicable Rules ("Subsequent Rules"), shall not be applied by City within the Specific Plan
Area unless both Owner and City consent in writing.
C. Administrative Modifications. City and Owner will retain certain
flexibility with respect to the details of Specific Plan Project development and therefore agree
that the following Administrative Modifications for each Planning Area shall, unless otherwise
provided in this Section IV.C, be approved by the Director of Planning and Building Services
without public notice or hearing:
(i) The parties agree that, in order to accommodate the needs of third
party purchasers, the size and configuration of lots or parcels and dimensions and/or locations of
improvements may be modified at the Owner's discretion, and City shall fully cooperate
therewith, subject to the provisions of the Subdivision Map Act, and provided that the aggregate
total density and intensity of the particular PIanning Area are not increased, the permitted uses
thereon are not modified from those provided in the Projcct Approvals and the parcels and lots
and improvements thereon are consistent with the Applicable Rules and Project Approvals,
including all set -back and construction standards set forth therein.
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COMMUNICATION Ne:92 PACE.18
DEC -16-1997 12:56 FROM N GMK&E - O.C. OFFICE TO 18052552355 P.96
(ii) The design and configuration of residential lots and related
improvements within the Lago de Valencia Planning Area may be reconfigured and redesigned
by owner provided the number of dwelling units within each respective Planning Area is not
increased. Such reconfiguration and redesign may include maldng one or more tracts within
either or both Planning Areas less dense, converting one or more lots from air space
condominium purposes to individual fee lots, provided such conversion results in an equal to or
lower density of development, as measured by number of dwelling units, than specified for the
original lot or lots, and modifying the design of streets, curbs, gutters, sidewalks, drainage and
affected utilities to be consistent with such reconfiguration and redesign so long as each
reconfiguration and redesign is otherwise consistent with design and configuration standards and
requirements in the Specific Plan and the Conditions of Approval.
City hereby agrees that any subsequent tentative subdivision map for a
Planning Area or portion thereof that is submitted for review and approval shall be approved
provided the residential, commercial and industrial lot design and configuration standards set
forth in Exhibit"E," in the Specific Plan and in the Conditions of Approval are met.
(iv) City and owner hereby agree that upon adoption of the Project
Approvals, Owner shall have the vested right to develop the Specific Plan Area in any way that is
consistent with the Project Approvals and this Development Agreement. City shall not require
Owner to obtain, and expressly exempts Owner from obtaining, any further discretionary
approvals or permits for the development of the Specific Plan Area (other than the Project
Approvals and this Development Agreement). City agrees to process and administratively
approve any tract maps, permits, or approvals of any kind, including modifications in the size,
design, and configuration of lots and improvements as provided in this Section IV.C, required for
Owner to devclop the Specific Plan Area consistent with the Project Approvals and this
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COMMUNICATION N-:32 PACE -96
DEC -16-1997 12:23 FROM N,G,K&E - G.C. OFFICE TO 16052552355 P.20
Development Agreement, and such administrative approvals are deemed to constitute ministerial
acts implementing the Specific Plan, the Project. Approvals, and this Development Agreement,
final and not appealable to the Planning Commission or City Council. Any amendments or
modifications to the Project Approvals ("Future Approvals") shall become part of the Applicable
Rules.
(v) Notwithstanding any other provision of this Section 1V.C, any
change in the size and configuration of proposed lots in a Planning Area which would result in
the conversion of two or more single family lots into an air space condominium lot, regardless of
whether such conversion results in greater or lesser density of development, shall be reviewed by
the City Planning Commission, provided that the lot design and configuration standards set forth
in Exhibit "E," the Specific Plan and the Conditions of Approval shall govern such review, and
that City shall not condition approval of any such conversion with additional exactions,
conditions or requirements which increase the obligations of Owner with respect to such
Planning Area.
D. Permitted Fees. Except as otherwise provided in this Agreement, and
specifically excluding fees set by entities not controlled by City that are collected by City, City
shall only charge and impose those fees and exactions, including, without limitation, dedications
and any other fee or tax (including excise, construction or any other tax) relating to development
or the privilege of developing, which are in effect on a City-wide basis as of the Applicable
Rules Effective Date and only in such amounts as would have been imposed if the fees or
exactions had been calculated on that Date.
E. Term of Mao(s) and Other Proiect Approvals. Pursuant to California
Covemment Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map
that may be processed on all or any portion of the Specific Plan Area, including, without
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DEC. 16 '97 (TUE) 13:19 COMMUNICATION No:32 PAGE. 20
DEC -16-1997 12.24 FROM N,G,K&E — O.C. OFFICE TO 16052552355 P.21
limitation, Map No. 51931, and the term of each of the Project Approvals shall be extended for a
period of time through the scheduled termination date of this Agreement as set forth in
Section III.B. above.
F. Timing of Development. Because the California Supreme Court held in
Pardee Construction Co. v. City of Camarillo. 37 Cal.3d 465 (1984), that failure of the parties
therein to provide for the timing of development resulted in a later -adopted initiative restricting
the timing of development to prevail over such parties' agreement, it is the parties' intent to cure
that deficiency by acknowledging and providing that Owner shall have the right (without
obligation) to develop the Specific Plan Area in such order and at such rate and at such times as
Owner deems appropriate within the exercise of its subjective business judgment, subject only to
the terms and conditions of the Infi'astructure Phasing Plan set forth in the Specific Pian
G. Moratorium. No City -imposed moratorium or other limitation (whether
relating to the rate, timing or sequencing of the development or construction of all or any part of
the Specific Plan Area, whether imposed by ordinance, initiative, resolution, policy, order or
otherwise, and whether enacted by the City Council, the Planning Commission, an agency of
City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative,
vesting tentative or final), building permits, occupancy certificates or other entitlements to use or
service (including, without limitation, water and sewer) approved, issued or granted within City,
or portions of City, shall apply to the Specific Plan Area to the extent such moratorium or other
limitation is in conflict with this Agreement.
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DEC.16 '97 (TUE) 13:19 COMMUNICATION Na:32 PAGE -21
DEC -16-1997 12:24
FROM
N,G,K&E -
O.C. OFFICE TO 18052552355 P.22
H.
Vestiim
of Owner's
E&ts. The rights and entitlements granted to Owner
pursuant to this Agreement shall be and constitute "vested rights" or the equivalent of "vested
rights", as that term is defined under law applicable to the development of land or property and
the right of a public entity to regulate or control such development of land or property, including,
without limitation, vested rights in and to building permits and certificates of occupancy.
L Infrastructure Ca acit . City hereby acknowledges that it has sufficient
capacity in its existing infrastructure, services and utility systems, including, without limitation,
traffic circulation, flood control, sewer collection, sewer treatment, sanitation service and, except
for reasons beyond City's control, water supply, treatment, distribution and service, to
accommodate the Specific Plan Project as provided in this Agreement. To the extent that City
renders such services or provides such utilities, City hereby agrees that it will serve the Specific
Plan Project and that there shall be no restriction on hookups or service for the Specific Plan
Project.
I. School Mitivation Obligations. School mitigation obligations shall be
those set forth in agreements with the various school districts as incorporated in the Project
Approvals and no further school mitigation obligations shall be imposed on the Specific Plan
Project or any Planning Area within the Specific Plan Project.
K. Satisfaction of Park Land Obli ag tions. Pursuant to the Project Approvals,
Owner will dedicate and improve a 12.4 acre community park within the Lago de Valencia
Planning Area, a 2.7 acre park within the Lago de Valencia Planning Area adjacent to the River
Trail and River Conservation Area and a 2 acre park within the South River Village Planning
Area and will provide additional paseo bridges, paseos and extensive private recreational areas
and facilities. In addition, Owner will convey approximately 295.6 acres of the Santa Clara
River to City and will expend One Million Five Hundred Thousand Dollars ($1.5 Million) on
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BEC-t6 X97 (TUE) 13:20 COMMUNICATION No;32 PACE.22
DEC -16-1997 12:25 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.23
River Conservation Area landscaping and improvements for habitat enhancement and
recreational use. In addition, the Specific Plan Project includes development of and assured
public access to Lake Park and continued use of the William S. Hart Pony League playing fields.
City acknowledges that the foregoing dedications and improvements constitute a significant
contribution to parks and other recreational opportunities within the Specific Plan Project and, as
such, fully satisfy any and all parkland dedication requirements that may be applicable to
development of the Specific Plan Project and each of the Planning Areas. City will therefore
require no further dedications or payment of in -lieu fees in order to develop the Specific Plan
Project in accordance with the Project .Approvals. in addition, City hereby agrees that the
foregoing dedications and improvements to parks and other recreational opportunities within
City shall fully satisfy any and all parkland dedication requirements that may be applicable to
development of Vesting Tentative Tract Map Nos. 44821, 44374, 52206 and 44830 and Vesting
Tentative Parcel Map No. 20795 and CUP No. 97014.
L. Public Financing Districts. City agrees to cooperate with Owner to
establish one or more Community Facilities Districts, assessment districts, tax increment
infrastructure financing districts, integrated financing districts, and/or other public financing
mechanisms covering all or a portion of the Specific Plan Area to fund public infrastructure
improvements and services, through the issuance of fixed or variable interest rate (taxable or tax
exempt) bonds; provided, however, City's cooperation with respect to public financing for any
residential area within the Specific Plan Project shall be subject to provision being made to pay
off any bonds issued which encumber any residence, prior to occupancy of that residence, unless
the City Council specifically approves otherwise.
M. Bridge and ThoroAgyM Eees and Roadway Improvements.
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13:20 COMMUNICATION Na:32 PAOE.23
DEC -16-1997 12:25 FROM N P G , K&E - D.C. OFFICE TO 18052552355 P.24
1. B&T District. City and Owner hereby confirm that they anticipate
the formation of a Bridge and Thoroughfare District (a "B&T District"), subject to approval by
County, to finance the acquisition, development and maintenance of transportation
improvements. Certain additional transportation improvements lying outside of the B&T District
may also be required to mitigate the Specific Plan Project's traffic impacts ("Non-B&T
Improvements").
2. B&T District Fees. Owner shall pay fees to fund the B&T District
(the "B&T Fees") in an amount that shall not exceed the lesser. of (i) those B&T Fees required by
the City or (ii) those B&T Fees that would have been required for the Specific Plan Project Area
pursuant to County requirements, as of the Applicable Rules Effective Date. The B&T Fees
shall be subject to increase annually in accordance with the Consumer Price Index. B&T Fees
and fees for Non-B&T Improvements shall be payable (or secured) at issuance of building
=
3. Non-B&T Improvement Fees. Owner shall pay its share of the
cost of Non-B&T Improvements as provided in the Project Approvals.
4. Calculation of Fees for Commercial. Industrial and Residential
Areas. For commercial/industrial areas, B&T Fees shall be calculated and paid based on the
square footage of actual construction in relation to total buildout of the particular
commercial/industrial area. For residential sections of Planning Areas, B&T Fees shall be
calculated and paid per residential dwelling unit. No B&T Fees or fees or improvements for
Non-B&T Improvements shall be required for undevelopable parcels shown as "open space",
"not a part" or any similar designation on any subdivision or parcel map. B&T Fees for senior
residential units, as defined in California Civil Code section 51.3, shall be calculated at a rate of
ten per cent (100/9) of the B&T Fees for comparable residential units.
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13:21 COMMUNICATION N.:32 PAGE.24
DEC -16-1997 1226 FROM NsGAK&E — O.C. OFFICE TO 18052552355 P.25
5. Pre-B&T Traffic Fees. In the event the B&T District has not been
formed at the time Owner applies for a building permit, then, as an alternative funding
mechanism, traffic fees shall be payable to the City in the amount and on the terms and
conditions described in this Section and the Project Approvals, which shall constitute full
mitigation of the Specific Plan Project traffic impacts with respect to the B&T District and the
Non-B&T Improvements.
6. Credits. Owner shall receive full credit for all costs of
transportation improvements constructed by Owner that benefit the B&T District or the
Non-B&T Improvements toward Owner's B&T Fees or Owner's obligations for Non-B&T
Improvements, whichever is applicable. The full amount of fees payable on account of traffic
mitigation (including B&T Fees and any fees for Non-B&T Improvements) with respect to any
of the Planning Areas shall be fully credited against such PIanning Area's obligations to mitigate
its traffic impacts.
7. Tnofq of Credits. If the cost of transportation improvements
constructed by Owner exceeds the established B&T Fees, Owner may elect to transfer all or any
portion of such excess as a credit for B&T Fees for other Planning Areas. If transferred as a
credit toward existing obligations of Owner, City shall immediately release secured or unsecured
agreements, including bonds, letters of credit, etc., equal to the amount of the transferred credit.
N. Infrastructure Improvements.
Infrastructure Phasing Plan. The Specific Plan includes an
Infrastructure Phasing Plan that sets forth the infrastructure improvements that will be required
for the Specific Plan Project Area.
2. Reservation of infrastructu a Capacity. To the extent that
infrastructure (traffic, drainage, sewers, water, utilities, etc.) constructed or paid for by Owner in
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DEC.
24DEC. 16 ' 97 (TUE) 13:21 COMMUNICATION Nc432 PAGE.25
DEC -16-1997 12:26 FROM N.G.K&E — O.C. OFFICE TO 18052552355 P.26
connection with the buildout of the Specific Plan Project exceeds that required to mitigate the
Specific Plan Project, or that portion of the Project which is developed at the time the
infrastructure is constructed or paid for, Owner may transfer the right and credit for such excess
capacity to other developments within the Specific Plan Project or to other development projects
within the Santa Clarita Valley owned (or controlled) by Owner.
3. Reimbursement and Apportionment. City shall enter into a
reimbursement agreement with Owner providing for reimbursements to Owner from the City
and/or other developers on a fair share basis for the portion (if any) of the cost of any
dedications, public facilities and/or infrastructure that City may require as conditions of the
Project Approvals or the Future Approvals, to the extent that they are in excess of those
reasonably necessary to mitigate the impacts of the Specific Plan Project, whether such
improvements are within or outside of the annexation area.
0. Development Agreement/Project Approvals. In the event of any
inconsistency between any Project Approval and this Agreement, the provisions of this
Agreement shall control.
Section V. Cooperation/Implementation.
A. Further Assurances, Covenant to Sign Documents. Each party shall take
all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and
all documents and writings, that may be necessary or proper to achieve the purposes and
objectives of this Agreement.
B. Processing. Upon satisfactory completion by Owner of all required
preliminary actions and payments of appropriate processing fees, if any, City shall, subject to all
Iegal requirements, promptly initiate, diligently process, complete at the earliest possible time all
required steps, and expeditiously grant any approvals and permits necessary for the development
-25-
BEC. 16 '97 (TUE) 13:22 COMMUNICATION No:32 PACE. 26
DEC -16-1997 1227 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.27
by Owner of the Specific Plan Area in accordance with this Agreement, including, but not
limited to, the following:
(i) the processing of applications for and issuing of all discretionary
approvals requiring the exercise of judgment anddeliberation by City, including without
limitation, the Future Approvals;
(ii) the holding of any required public hearings;
(iii) the processing of applications for and issuing of all ministerial
approvals requiring the determination of conformance with the Project Approvals, this
Agreement, and Applicable Rules, including, without limitation, site plans, development plans,
land use plans, grading plans, improvement plans, building plans and specifications, and mini-
sterial issuance of one or more final maps, zoning clearances, grading permits, improvement
permits, wall permits, building permits, lot line adjustments, encroachment permits, conditional
and temporary use permits, certificates of use and occupancy and approvals and entitlements and
related matters as necessary for the completion of the development of the Specific Plan Area
("Ministerial Approvals").
C. Processing During Third P= Litigation. Tile filing of any third party
lawsuit(s) against City or Owner relating to this Agreement or to other development issues
affecting the Specific Plan Area shall not delay or stop the development, processing or
construction of the individual Planning Areas, approval of the Future Approvals, or issuance of
Ministerial Approvals, unless the third party obtains a court order preventing the activity. City
shall not stipulate to the issuance of any such order.
D. State. Federal or Case Law. Where any state, federal or case law allows
City to exercise any discretion or take any act with respect to that law, City shall, in an
expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a
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DEC. 16 ' 97 (TUE) 13:22 COMMUNICATION Nc:32 PACE. 27
DEC -16-1997 12:27 FROM N,GfK&E - O.C. OFFICE TO 18052552355 P.28
way as to be consistent with, and carry out the terms of, this Agreement and (b) take such other
actions as may be necessary to carry out in good faith the terms of this Agreement.
E. Other Governmental Bodies. To the extent that City, its Council, Planning
Commission or any other City agency constitutes and sits as any other board or agency, it shall
not take any action that conflicts with City's obligations under this Agreement.
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DEC.16 '97 (TUE).13:22 COMMUNICATION Na:32 PAGE.28
DEC -16-1997 12:27 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.29
F. Defense of Agreement. Owner shall indemnify, defend (with counsel
selected by Owner and approved by the City, which approval shall not be unreasonably withheld)
and hold harmless City and its officers, employees and agents from and against any and all
losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising
out of, or resulting from, City's approval of this Agreement or either party s performance
pursuant to this Agreement. City further irrevocably agrees not to assert any representation in
such action by Owner's counsel as a potential conflict of interest in any future proceeding
involving City and hereby irrevocably waives any actual or potential conflict of interest. If this
Agreement is adjudicated or determined to be invalid or unenforceable, City agrees, subject to all
legal requirements, to consider modifications to this Agreement to render it valid and enforceable
to the extent permitted by applicable law.
Section VI. Getteral Provisions.
A. Covenants Run 3vith the Land. All of the provisions, agreements, rights,
powers, standards, terms, covenants and obligations contained in this Agreement shall be binding
upon the parties and their respective heirs, successors (by merger, reorganization, consolidation
or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons
acquiring the Specific Pian Area, or any portion thereof, or any interest therein, whether by
operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and
their respective heirs, successors and assigns: All of the provisions of this Agreement shall
constitute covenants running with the land.
B. Transfers and Assignments.
1. Richt to Assign. Owner shall have the right to sell, assign or
transfer all or portions of the real property comprising the Specific Plan Area to any person at
any time during the term of this Agreement.
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No : 92 PACE. 29
12/16/97 14:14 FAX 714 838 7878 NOSSAMAN—OC
2. Liabilities Upon Transfer. Upon the delegation of all duties and
obligations and the sale, transfer or assignment of all or any portion of the Specific Plan Area,
owner shall be released from its obligations under this Agreement with respect to the Specific
Pian Area, or portion thereof; so transferred arising subsequent to the effective date of such
transfer if (i) Owner has provided to City ten days' written notice of such transfer and (ii) the
transferee has agreed in writing to be subject to all of the provisions hereof applicable to the
portion of the Specific Plan Area so transferred. Upon any transfer of any portion of the Specific
Plan Area and the express assumption of Owner's obligations under this Agreement by such
transferee, City agrees to look solely to the transferee for compliance by such transferee with the
provisions of this Agreement as such provisions relate to the portion of the Specific Plan Area
acquired by such transferee. A default by any transferee shall only affect that portion of the
Specific Plan Area owned by such transferee and shall not cancel or diminish in any way
Owner's rights hereunder with respect to any portion of the Specific Plan Area not owned by
such transferee. The transferee shall be responsible for the reporting and annual review
requirements relating to the portion of the specific Plan Area owned by such transferee, and any
amendment to this Agreement between City and a transferee shall only affect the portion of the
Specific Plan Area owned by such transferee.
Nothing in this Section shall affect or diminish Owner's rights.under the
provisions of Section IV.N,2. above (Reservation of Infrastructure Capacity).
Notwithstanding the provisions of this Section VI.B, a sale, assignment, or
transfer of all or any portions of the real property comprising the Specific Plan Area shall not
release Owner from its obligation under Section VX to indemnify, defend and hold harmless
City from and against any challenges to this Development Agreement arising from any
Administrative Modification, whether requested by Owner or its assignee, unless City approves
such assignee in its reasonable.discretion. Such approval would be predicated on assignee's
willingness to assume the provision of this paragraph and to use a legal firm acceptable to the
City to defend.
.29-
-� ,� n� .Tns. •s.n+ COMMUNICATION No.39 PAGE -2
rA,.
DEC -16-1997 12:28 FROM No GoK&E — O.C. OFFICE TO 18052552355 P.31
C. Morteaeee Protection. The parties hereto agree that this Agreement shall
not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the
Specific Plan Area or any portion thereof or any improvement thereon by any mortgage, deed of
trust or other security device securing financing with respect to the Specific Plan Area. City
acknowledges that the lender(s) providing such financing may require certain Agreement
interpretations and modifications and agrees upon request, from time to time, to meet with
Owner and representatives of such lender(s) to negotiate in good faith any such request for
interpretation or modification. City will not unreasonably withhold its consent to any such
requested interpretation or modification provided such interpretation or modification is
consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a
beneficiary of a deed of trust ("Mortgagee") of the Specific Plan Area shall be entitled to the
following rights and privileges:
1. Neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of
mist on the Specific Plan Area made in good faith and for value.
2. The Mortgagee of any mortgage or deed of trust encumbering the
Specific Plan Area, or any part thereof, who has submitted a request in writing to City in the
manner specified herein for giving notices, shall be entitled to receive written notification from
City of any default by Owner in the performance of Owner's obligations under this Agreement.
3. If City timely receives a request from a Mortgagee requesting a
copy of any notice of default given to Owner under the terms of this Agreement, City shall
provide a copy of that notice to the Mortgagee within ten days of sending the notice of default to
Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the
remaining cure period allowed such party under this Agreement.
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DEC -16 '97 (TUE) 13:24 COMMUNICATION No:32 PACE.31
DEC -16-1997 12:29 FROM N.G.K&E - O.C. OFFICE TO 18052552355 P.32
4. Any Mortgagee who comes into possession of the Specific Plan
Area, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu
of such foreclosure, shall take the Specific Plan Area, or part thereof, subject to the terms of this
Agreement; provided, however, in no event shall such Mortgagee be liable for any defaults or
monetary obligations of Owner arising prior to acquisition of title to the Specific Plan Area by
such Mortgagee, except that any such Mortgagee or its successors or assigns shall not be entitled
to a building permit or occupancy certificate until all delinquent and current fees and other
monetary obligations due under this Agreement for the specific Plan Area, or portion thereof,
acquired by such Mortgagee have been paid to City.
17. Statement of Complianec. Within thirty days following any written
request which either City or Owner may make from time to time, the other shall execute and
deliver to the requesting party a statement certifying that: (1) this Agreement is unmodified and
in full force and effect or, if there have been modifications hereto, that this Agreement is in full
force and effect, as modified, and stating the date and nature of such modifications; (2) there are
no current uncured defaults under this Agreement or specifying the dates and nature of any such
defaults; and (3) any other reasonable information requested. The failure to deliver such state-
ment within such time shall be conclusive upon the party which fails to deliver such statement
that this Agreement is in full force and effect without modification and that there are no uncured
defaults in the performance of the requesting party. The City Manager shall be authorized to
execute any certificate.
E. Default Failure by City or Owner to perform any term or provision of this
Agreement for a period of thirty days from the receipt of written notice thereof from the other
shall constitute a default under this Agreement, subject to extensions of time by mutual consent
in writing. Said notice shall specify in detail the nature of the alleged default and the manner in
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COMMUNICATION Nc:32 PACE.32
DEC -16-1997 12:29 FROM N,G.K&E - O.C. OFFICE TO 18052552355 P.33
which said default may be satisfactorily cured. If the nature of the alleged default is such that it
cannot reasonably be cured within such 30 -day period, the commencement of the cure within
such time period and the diligent prosecution to completion of the cure shall be deemed a cure
within such period.
Subject to the foregoing, after notice and expiration of the 30 -day period without
C=7 the notifying party, at its option, may institute legal proceedings pursuant to this Agreement
and/or give notice of intent to terminate this Agreement pursuant to Government Code Section
65868. Following such notice of intent to terminate, the matter shall be scheduled for
consideration and review by the City Council within thirty calendar days in the manner set forth
in Government Code Sections 65867 and 65868. Following consideration of the evidence
presented in said review before the City Council, the party alleging the default by the other party
may give written notice of termination of this Agreement to the other party.
F. Annual Review. Pursuant to Government Code Section 65865.19
throughout the term of this Agreement, good faith compliance with the terms of this Agreement
by Owner shall be reviewed by the Planning .Commission at the regularly scheduled Planning
Commission meeting next following each annual anniversary of the Effective Date. If as a result
of such review, City reasonably determines, on the basis of substantial evidence presented at
such meeting, that Owncr has not complied in good faith with the terms and conditions hereof,
City shall provide written notice thereof ("Notice of Non -Compliance"), stating in specific detail
and specific reasons for such finding. After City delivers the Notice of Non -Compliance, Owner
shall have the right to cure such non-compliance as provided in Scction VI.E. above. In the
event that Owner does not timely cure the non-compliance after a Notice of Non -Compliance is
delivered by City or, if during the period which Owner must cure such default, Owner ceases to
make reasonable efforts to effect such cure, City may proceed to terminate this Agreement on ten
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DEC, 16 '97 (TUE) 13:25 COMMUNICATION No:32 PAGE. 33
DEC -16-1997 1239 FROM N,G.K&E - O.C. OFFICE TO 18052552355 P.34
days' prior written notice to Owner in accordance with the termination procedure set forth in
Section VIR above. City's failure to conduct an annual review shall not constitute a default
under this Agreement.
Cr. Default by Cily. In the event either party defaults (as defined in Section
VIR herein) under the terms of this Agreement, either party shall have all rights and remedies
provided herein or under applicable law, including the specific performance of this Agreement.
H. LeM Action. Any party may, in addition to any other rights or remedies,
institute legal action to cure, correct or remedy any default, enforce any covenant or agreement
herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance
the obligations and rights of the parties hereto.
Pursuant to Code of Civil Procedure Section 638, et seq., all legal actions shall be
heard by a referee who shall be a retired judge from either the Los Angeles County Superior
Court, the California Court of Appeal, the United States District Court or the United States Court
of Appeals, provided that the selected referee shall have experience in resolving land use and real
property disputes. Owner and City shall agree upon a single referee who shall then try all issues,
whether of fact or law, and report a finding and judgment thereon and issue all legal and
equitable relief appropriate under the circumstances of the controversy before such referee. if
Owner and City are unable to agree on a referee within ten days of a written request to do so by
either party hereto, either party may seek to have one appointed pursuant to Code of Civil
Procedure Section 640. The cost of such proceeding shall initially be borne equally by the
parties. Any referee selected pursuant to this Section VI.H. shall be considered a temporary
judge appointed pursuant to Article 6, Section 21 of the California Constitution.
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COMMUNICATION No:32 PAGE.34
DEC -16-1997 1230 FROM N G K&E - O.C. OFFICE TO 18052552355 P.35
I. Waiver-, Remedies Cumulative. Failure by City or Owner to insist upon
the strict performance of any of the provisions of this Agreement, irrespective of the length of
time for which such failure continues, shall not constitute a waiver of the right to demand strict
compliance with this Agreement in the future. No waiver by City or Owner of a default or
breach of any other party shall be effective or binding upon it unless made in writing, and no
such waiver shall be implied from any omission by City or Owner to take any action with respect
to such default or breach. No express written waiver of any defaults or breach shall affect any
other default or breach, or cover any other period of time, other than any default or breach and/or
period of time specified in such express waiver. One or more written waivers of a default or
breach under any provision of this Agreement shall not be a waiver of any subsequent default or
breach, and the performance of the same or any other term or provision contained in this
Agreement. Subject to notice of default and opportunity to cure under Section VI.E., all of the
remedies permitted or available under this Agreement, at law or in equity, shall be cumulative
and alternative, and invocation of any such right or remedy shall not constitute a waiver or elec-
tion of remedies with respect to any other permitted or available right or remedy.
J. Future Litigation Expenses.
1. Payment to Prevailing Party. If City or Owner brings an action or
proceeding (including, without limitation, any motion, order to show cause, cross-complaint,
counterclaim, or third -party claim) by reason of defaults, breaches, tortious acts, or otherwise
arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled
to its costs and expenses of suit including, but not limited to, reasonable attorneys' fees and
expert witness fees.
2. Scope of Fees. Attorneys' fees under this Section shall include
attorneys' fees on any appeal and, in addition, a party entitled to attorneys' _fees shall be entitled
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(TUE) 13:26 COMMUNICATION No:32 PAGE.35
DEC -16-1997 1231 FROM N.G.K&E — O.C. OFFICE TO 16052552355 P.36
to all other reasonable costs and expenses incurred in connection with such action. In addition to
the foregoing award of attorneys' fees to the prevailing party, the prevailing parry in any lawsuit
shall be entitled to its attorneys' fees incurred in any post judgment proceedings to collect or
enforce the judgment. This provision is separate and several and shall survive the merger of this
Agreement into any judgment on this Agreement.
K Non -Recourse. The obligations of Owner under this Agreement shall be
without recourse to the assets of the general partners or of any general partner, officer,
shareholder, director, unit holder or employee of Owner or any general partner of Owner. The
sole recourse of City for any obligation of Owner under this Agreement shall be limited solely to
the Specific Plan Area.
L. Permitted Delays_ ftersedure by Subsecuent Laws.
Permitted Delays. In addition to any specific provisions of this
Agreement, performance of obligations hereunder shall be excused and the Term of this
Agreement shall be similarly extended during any period of delay caused at any time by reason
of: acts of God such as floods, earthquakes, fires, or similar catastrophes; wars, riots or similar
hostilities; strikes and other labor difficulties beyond the party's control (including the party's
employment force); the enactment of new laws or restrictions imposed or mandated by other
governmental or quasi -governmental entities preventing this Agreement from being
implemented; litigation involving this Agreement, the Project Approvals, the Future Approvals
or the Ministerial Approvals, which directly or indirectly delays any activity contemplated
hereunder; or other causes beyond the party's control. City and Owner shall promptly notify the
other party of any delay hereunder as soon as possible after the same has been ascertained.
2. Supersedure by Subsequent Laws. If any federal or state law,
made or enacted after the Effective Date prevents or precludes compliance with one or more
-35-
Ne :32 PAGE. 36
DEC -16-1997 1231 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.37
provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible,
be modified or suspended as may be necessary to comply with such new law. Immediately after
enactment or promulgation of any such new law, City and Owner shall meet and confer in good
faith to determine the feasibility of any such modification or suspension based on the effect such
modification or suspension would have on the purposes and intent of this Agreement. Owner
and City shall have the right to challenge the new law preventing compliance with the terns of
this Agreement, and in the event such challenge is successful, this Agreement shall remain
unmodified and in full force and effect. At Owner's sole option, the term of this Agreement may
be extended far the duration of the period during which such new law precludes compliance with
the, provisions of this Agreement.
-36-
13:27 COMMUNICATION No:32 PACE.37
DEC -16-1997 12)32 FROM N,G.K&E — O.C. OFFICE TO 18052552355 P.38
M. Amendment of A r gment. This Agreement maybe amended from time
to time by mutual consent of the parties to this Agreement, in accordance with the provisions of
Government Code Sections 65867 and 65868; provided, however, that any amendment which
does not relate to the term, permitted uses, density or intensity of use, height or size of buildings,
provisions for reservation and dedication of land, or monetary contributions by Owner shall not
require notice or public hearing, before the parties may execute an amendment hereto.
N. Qgeratino Memoranda. The provisions of this Agreement require a close
degree of cooperation between City and Owner and the refinements and further development of
the Planning Areas may demonstrate that clarifications are appropriate with respect to the details
of performance of City and Owner. If and when, from time to time, during the term of this
Agreement, City and Owner agree that such clarifications are necessary or appropriate, they shall
effectuate such clarifications through operating memoranda approved by City and Owner, which,
after execution, shall be attached hereto. No such operating memoranda shall constitute an
amendment to this Agreement requiring public notice or hearing. The City Attorney shall be
authorized to make the determination whether a requested clarification may be effectuated
pursuant to this Section or whether the requested clarification is of such a character to constitute
an amendment hereof pursuant to Section VI.M. The City Manager may execute any operating
memoranda hereunder without City Council action.
Section VII. Miscellaneous.
-37-
DEC.16 '97 (TUE) 13:27 COMMUNICATION No:32 PACE.3e
DEC -16-1997 12:32 FROM
N, G, K&E
- O.C.
OFFICE TO 18052552355 P.39
A. Negation
of
Partnershiv.
The Specific Plan Project constitutes private
development, neither City nor Owner is acting as the agent of the other in any respect hereunder,
and City and Owner are independent entities with respect to the terms and conditions of this
Agreement. None of the terms or provisions of this Agreement shall be deemed to create a
partnership between or among the parties in the businesses of Owner, the affairs of City, or
otherwise, nor shall it cause them to be considered joint venturers or members of any joint
enterprise.
B. No Third Parry Beneficiary. This Agreement is not intended, nor shall it
be construed, to create any third -party beneficiary rights in any person who is not a party, unless
expressly otherwise provided.
C. Entire Agreement This Agreement sets forth and contains the entire
understanding and agreement of the parties,. and there are no oral or written representations,
understandings or ancillary covenants, undertakings or agreements which are not contained or
expressly referred to herein. No testimony or evidence of any such representations,
understandings or covenants shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
D. Severability. Invalidation of any of the provisions contained in this
Agreement, or of the application thereof to any person, by judgment or court order shall in no
way affect any of the other provisions hereof or the application thereof to any other person or
circumstance, and the same shall remain in full force and effect, unless enforcement of this
Agreement, as so invalidated, would be unreasonable or grossly inequitable under all the cir-
cumstances or would frustrate the purposes of this Agreement and the rights and obligations of
the parties hereto.
-38-
DEC.16 '97 (TUE) 13:28 COMMUNICATION Na:32 PAGE.39
DEC -16-1997 1233
FROM N,G,K&E - D.C.
OFFICE
TO 18052552355 P.40
E.
Construction of Agreement
The provisions of this Agreement and the
Exhibits hereto shall be construed as a whole according to their common meaning and not strictly
for or against Owner or City and consistent with the provisions hereof, in order to achieve the
objectives and purposes. Wherever required by the context, the singuIar shall include the plural
and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice
versa.
F. Section Headinlrs. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
G. Applicable Law and Interpretation. This Agreement shall be construed
and enforced in accordance with the laws of the State of California. This Agreement shall be
construed as a whole according to its fair language and common meaning to achieve the
obj ective and purposes of the parties hereto and the rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not be employed in interpreting this
Agreement, all parties having been represented by counsel in the negotiation and preparation
hereof.
H. Notices Any notice shall be in writing and given by delivering the same
in person or by sending the same by registered, or certified mail, return receipt requested, with
postage prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as
follows:
-39-
DEC.16 '97 (TUE) 13:28 COMMUNICATION No:32 PAGE.40
DEC -16-1997 1233 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.41
City: City of Santa Clarita
23920 Valencia Blvd., Suite 300
Santa Clarita, California 91355
Attention: City Manager
Facsimile: (805) 259-8125
Copy to: Burke, Williams & Sorensen
611 West Sixth Street
Los Angeles, California 90017
Attention: Carl K. Newton, Esq.
Facsimile: (213) 236.2700
Owner: The Valencia Company
23823 Valencia Blvd.
Valencia, California 91355
Attention: Randy Wheeler
Facsimile:. (805) 255-2355
Copy to: Cox, Castle & Nicholson, LLP
2049 Century Park East, 28th Floor
Los Angeles, California 90067
Attention: Ronald I. Silverman, Esq.
Facsimile: (310) 277-7889
and to: Nossaman., Guthner, Knox & Elliott, LLP
18101 Von Karman Avenue. Suite 1800
Irvine, California 92612-1047
Attention: Robert I. McMurry, Esq.
Either City or Owner may change its mailing address at any time by giving written notice of such
change to the other in the manner provided herein at least ten days prior to the date such change
is effected. All notices under this Agreement shall be deemed given, received, made or
communicated on the earlier of the date personal delivery is effected or on the delivery date or
attempted delivery date shown on the return receipt, air bill or facsimile.
I. Time is of the Essence. Time is of the essence of this Agreement and of
each and every term and condition hereof.
-40-
DEC. 16 '97 (TUE) 19:28 COMMUNICATION No:$2 PACE. 41
DEC -16-1997 12:33 FROM N,GPK&E - O.C. OFFICE TO 18052552355 P.42
1. Recordation. In order to comply with Section 65868.5 of the Government
Code, the parties do hereby direct the City Clerk to record a copy of this Agreement against the
Specific Plan Area with the County Recorder of Los Angeles County within ten (10) days, after
the Effective Date.
IN WITNESS WHEREOF, Owner and City have executed this Agreement as of
the date fust hereinabove written.
"City" "Owner"
CITY OF SANTA CLARITA, a THE NEWHALL LAND AND FARMING
political subdivision of the COMPANY, a California limited
State of California partnership
By-NEWHALL MANAGEMENT
By: LIMITED PARTNERSHIP, A
Mayor California Limited Partnership, its
Managing General Partner
ATTEST: By:NEWHALL MANAGEMENT
City Clerk CORPORATION, A California
Corporation, its Managing General
By: Partner
Assistant
Approved as to Form: By:
Name
By: Title
City Attorney
By:
Name
Title
41-
DE—C-16 '97 (TUE) 13:29 COMMUNICATION No:32 PAGE. 42
DEC -16-1997 12:34 FROM N,G,K&E - O.C. OFFICE
STATE OF CALIFORNIA
COUNTY OF
TO 18052552355 P.43
On ,1997, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the within
instrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF
Notary Public
On , 1997, before me, the undersigned, a Notary Public in and
for said County and State, personallyappeared
personally known to me (or
proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) istare
subscribed to the within instrument and acknowledged to me that he/shehhey executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the within
instrument.
WITNESS my hand and official seal.
Notary Public
PAGE. 43
DEC -16-1997 12:34 FROM N,G,K&E — O.C. OFFICE TO 18052552355 P.44
EXHIBIT "A"
LEGAL DESCRIPTION OF SPECIFIC PLAN AREA
DEC. 16 '97 (TUE) 19:29 COMMUNICATION No:32 PACE. 44
DEC -16-1997 1234 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.45
EXHIBIT "B"
SPECIFIC PLAN PROJECT - PLANNING AREAS MAP
DEC -.16 '97 (TUE) 13:30 COMMUNICATION No:32 PAGE. 45
DEC -16-1997 12;35 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.46
EXHIBIT "C"
SYSTEM FOR LANDSCAPING AND IMPROVEMENT
OF RIVER CONSERVATION AREA
13:30 COMMUNICATION No:32 PAOE.46
N,GoK&E — O.C. OFFICE TO
EXHIBIT "D"
APPLICABLE RULES
18052552355 P.47
DEC. 16 '97 (TUE) 13:30 COMMUNICATION No:32 PAGE. 47
DEC -16-1997 12:35 FROM N,G,K&E - O.C. OFFICE TO 18052552355 P.48
EXHIBIT "E"
LOT DESIGN AND CONFIGURATION STANDARDS
DEC. 16 '97 (TUE) 1330 COMMUNICATION N0:32 PACE. 48
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that on December 18, 1997, the City Council of the City of
Santa Clarita introduced Ordinance 97-19 entitled:
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF SANTA CLARITA
APPROVING PREZONE 97-001 (MASTER CASE 97-041) FOR ANNEXATION NO.
95-006 (NORTH VALENCIA) TO ALLOW FOR SPECIFIC PLAN 97-001; WHICH
CHANGES THE ZONING CLASSIFICATION FROM LOS ANGELES COUNTY
ZONE C2, MII/2, AND A2-5 TO CITY OF SANTA CLARITA ZONES SPECIFIC
PLAN (SP) AND OPEN SPACE (OS) AND AMENDS PORTIONS OF ORDINANCE
96-12, AND ADOPTION OF THE NORTH VALENCIA SPECIFIC PLAN TO
ESTABLISH SPECIAL DEVELOPMENT STANDARDS TO ALLOW FOR THE
DEVELOPMENT OF A 706.6 ACRE PROPERTY KNOWN AS THE NORTH
VALENCIA SPECIFIC PLAN AREA LOCATED WITHIN THE 858 ACRE NORTH
VALENCIA ANNEXATION AREA IN THE UNINCORPORATED AREA OF LOS
ANGELES COUNTY ADJACENT TO THE CITY OF SANTA CLARITA
A certified copy of the complete text of the ordinance is posted and may be read in the City
Clerk's Office, 23920 Valencia Boulevard, Suite 301, Santa Clarita, and/or a copy may be
obtained from that office.
Dated this 19th day of December, 1997.
Sharon L. Dawson, CMC, City Clerk
City of Santa Clarita
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF SANTA CLARITA )
Sharon L. Dawson, being first duly sworn, deposes and says that she is the duly
appointed and qualified City Clerk of the City of Santa Clarita and that by Friday,
December 19, 1997, she caused a certified copy of the subject ordinance to be posted and
made available for public review in the City Clerk's office and a copy of the ordinance
summary to be published as required by law.
Sharon L. Dawson, CMC, City Clerk
City of Santa Clarita
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that on December 18, 1997, the City Council of the City of
Santa Clarita introduced Ordinance 97-20 entitled:
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF SANTA CLARITA
APPROVING THE ANNEXATION AND DEVELOPMENT AGREEMENT NO. 96-
001 WITH THE VALENCIA COMPANY FOR THE ANNEXATION OF 858 ACRES
OF PROPERTY AND THE DEVELOPMENT OF 706.6 ACRES OF SUCH
PROPERTY KNOWN AS THE NORTH VALENCIA SPECIFIC PLAN AREA
LOCATED SOUTH OF NEWHALL RANCH ROAD, WEST OF BOUQUET
CANYON ROAD AND VALENCIA BOULEVARD, NORTH OF MAGIC MOUNTAIN
PARKWAY AND THE AUTO CENTER, AND EAST OF ANZA DRIVE
A certified copy of the complete text of the ordinance is posted and may be read in the City
Clerk's Office, 23920 Valencia Boulevard, Suite 301; Santa Clarita, and/or a copy may be
obtained from that office.
Dated this 19th day of December, 1997.
Sharon L. Dawson, CMC, City Clerk
City of Santa Clarita
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF SANTA CLARITA )
Sharon L. Dawson, being first duly sworn, deposes and says that she is. the duly
appointed and qualified City Clerk of the City of Santa Clarita and that by Friday,
December 19, 1997, she caused a certified copy of the subject ordinance to be posted and
made available for public review in the City Clerk's office and a copy of the ordinance
summary to be published as required by law.
Sharon L. Dawson, CMC, City -Clerk
City of Santa Clarita