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HomeMy WebLinkAbout1998-04-07 - ORDINANCES - SC BUSINESS PARK DEV AGMT (2)ORDINANCE NO. 98-12 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING A DEVELOPMENT AGREEMENT WITH THE SANTA CLARITA BUSINESS PARK COMPANY TO ALLOW FOR VESTED APPROVAL OF FEE CREDITS AND COST SAVINGS FOR FUTURE ROAD CONSTRUCTION, A FIFTEEN YEAR BUILD OUT LIMIT, AND THE DEDICATION AND SALE OF LAND TO THE CITY FOR THE 220 ACRES OF SUCH PROPERTY PREVIOUSLY APPROVED AS TENTATIVE TRACT MAP NO. 42670, LOCATED SOUTH OF SOLEDAD CANYON ROAD, EAST OF PORTA BELLA AND REDVIEW DRIVE, AND WEST OF THE EXISTING GOLDEN VALLEY ROAD 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 Tentative Tract Map (42670) was approved on April 16, 1983 by Los Angeles County. Time extensions have been granted for the project and the current expiration date is August 16, 1999; b. On July 25, 1997, the applicant submitted Master Case No 97-124, Development Agreement 97-001; C. On February 24, 1998, the City Council directed the City Manager to enter into a Memorandum of Understanding (MOU) with the William S. Hart Union School District to allow for cost sharing on project management, some construction costs, and conceptual alignment of Golden Valley Road; d. The Development Application has been proposed to facilitate the construction of Golden Valley Road and other improvements. e. The Development Agreement was processed in the time and manner prescribed by State and local law. The Planning Commission a held duly noticed public hearing on the subject application on March 3, 1998. g. Discussion specifically regarding the deal points of the Development Agreement was held by the Planning Commission at the public hearing of March 3, 1998. This hearing was held at 23920 Valencia Boulevard, Santa Clarita, commencing at 7:00 p.m. At these hearings the Planning Commission received a staff report and testimony from the public and the applicant. h. The City Council held duly noticed public hearing on the project commencing on March 24, 1998. Ordinance 98-12 April 7, 1998 Page 2 SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearings held for the project, and upon studies and investigations made by the City Council and on its behalf, the City Council further finds as follows: a. At the hearings described above, the City Council considered staff presentations, staff reports, Planning Commission resolutions, applicant presentations, and public testimony on the Development Agreement. b. The 15 -year Annexation and Development Agreement includes, but is not limited to, the following deal -points: 1. The applicant shall grade Golden Valley Road from Soledad Canyon Road to Sierra Highway to the ultimate width plus the placement of two lanes of paving. In exchange, the applicant will receive the appropriate Bridge and Thoroughfare fee credit for such improvements. 2. The applicant shall construct Golden Triangle Road from the western boundary of the tract to its current terminus at the Mountasia entertainment facility. In exchange, the developer will receive a reimbursement agreement from future sales tax for any retail development on the project site in the vicinity of this improvement. Staff estimates that the 1.3 million dollar improvement would be repaid in seven years based on previous commercial/retail activity. 3. The City shall acquire a 12 acre gross (5.5 acre net) parcel of land from the applicant. A request is made to have Council approve the acceptance of the acquisition in principle, subject to the necessary due diligence (Phase One Environmental Site Review, Preliminary Title Report, Fair Market Value Appraisal and other research as required) and approval of the City Attorney. The current asking price is $1.79 million, and the property would be graded by the applicant during the construction of the future Golden Valley Road. 4. The applicant shall construct a trail from Golden Triangle Road to the new Santa Clarita recreation facility (Merle Norman building). 5. The applicant shall donate to the City approximately seven acres of land adjacent to the east lot line of the Santa Clarita Sports Complex. A request is made to have Council approve the acceptance of the donation in principle, subject to the necessary Ordinance 98-12 April 7, 1998 Page 3 due diligence (Phase One Environmental Site Review, Preliminary Title Report, Fair Market Value Appraisal and other research as required) and approval of the City Attorney. 6. The applicant would provide sidewalks and street lights throughout the approved Tract Map 42670. The applicant would receive a 15 year term to develop the property with the applicable standards. C. The Development Agreement is consistent with the General Plan. d. The Development Agreement complies with the Development Code and other applicable ordinances, standards, policies, and regulations. e. The Development Agreement will not: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working 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. The Development Agreement provides for clear and substantial public benefit to the City and residents along with a schedule for delivery of the benefit. g. The Development Agreement provides a schedule for the development to be constructed in phases to be initiated within specified time periods. h. The construction of public facilities are required in conjunction with the development including, but not limited to, vehicular or pedestrian rights of way, drainage and flood control facilities, parks and other recreational facilities, community trails, sewers or sewage treatment facilities, and road improvements adequate to serve the development. i. The Development Agreement satisfies the following findings of Section 17.03.010 of the Unified Development Code: I. 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 Ordinance 98-12 April 7, 1998 Page 4 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, SECTION 3. Based upon the foregoing facts and findings, the City Council hereby finds as follows: a. A Mitigated Negative Declaration has been prepared, circulated in compliance with the 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. C. The applicant has substantiated the findings for approval of a 15 -year Development Agreement. SECTION 4. The City Council hereby approves Development Agreement 97- 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. Ordinance 98-12 April 7, 1998 Page 5 PASSED AND APPROVED this 7 t h day of L,t)r i 1 , 19 9K . ATTEST: x CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) )NY�OR I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 98-12 was regularly introduced and placed ;upon its first reading at a regular meeting of the City Council on the a 4 r h day of Mprch , 192L__. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the7 thday of April 19qR by the following vote: AYES: COUNCILMEM13ERS: Smyth, Boyer, K'ajic, Darcy, Hei.dt NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: Nono JJL:FLF:Iep council\ord97124.flf VL-z,- '5?, ,. CITY CLERK