HomeMy WebLinkAbout2000-01-11 - AGENDA REPORTS - NORTH VALENCIA 2 SP ANNEX (2)AGENDA REPORT
City Manager Appro)
Item to be presented
UNFINISHED BUSINESS
DATE: January 11, 2000
SUBJECT: NORTH VALENCIA NO.2 SPECIFIC PLAN AND
ANNEXATION (MASTER CASE NOS. 98-183, 99-055),
GENERAL PLAN AMENDMENT 98-002, ANNEXATION
NO. 98-02, SPECIFIC PLAN (PREZONE) 98-003,
ANNEXATION AND DEVELOPMENT AGREEMENT 98-
001, VESTING TENTATIVE TRACT MAP (VTTM) 44831
OPTION A, VTTM 44831 OPTION B, VTTM 52667,
CONDITIONAL USE PERMIT 98-006, OAK TREE PERMIT
98-020, HILLSIDE REVIEW 99-002, ENVIRONMENTAL
IMPACT REPORT SCH# 98111201
DEPARTMENT: Planning and Building Services
RECOMMENDED ACTION
City Council take the following actions:
1. Receive staff report.
2. Review the draft development agreement deal points and direct staff to return
at the next City Council meeting with an ordinance to adopt the development
agreement.
3. Review and adopt the attached resolution certifying the Final Environmental
Impact Report.
4. Review and adopt the attached resolutions approving the amendments to the
General Plan Circulation and Land Use Elements.
5. Review modifications to the North Valencia 2 Specific Plan and conduct the
first reading of an ordinance adopting a prezone and Specific Plan.
6. Review and adopt the attached resolution approving the project entitlements
for a Vesting Tentative Tract Map, Conditional Use Permit, Oak Tree Permit,
and Hillside Review.
PURPOSE OF THIS MEETING
The purpose of this meeting is to receive a presentation from staff regarding
resolution of park issues, proposed modifications to the Specific Plan, and
proposed modifications to the development agreement deal points. Review and
approve the attached environmental document certification and project. approval
Adopted:
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documents and provide staff with direction to return to the Council with an
ordinance adopting the development agreement.
BACKGROUND
At the November 9, 1999 public hearing, the City Council received information
from staff in answer to questions raised at the October 26, 1999 hearing, took
public testimony, directed questions to staff, and continued the public hearing to
November 23, 1999. On November 23, 1999, the Council received information
from staff, took public testimony and continued the public hearing to a Special
Meeting on November 30, 1999 for the purpose of a field trip to the project site.
The Council closed the public hearing following the site visit and continued the
consideration of this item to the meeting of January 11, 2000.
ANALYSIS
During the public hearing process, the City Council directed staff to make
changes to the North Valencia 2 proposal. These changes are reflected in the
attached list of Specific Plan modifications and in the Draft Development
Agreement Deal Points. The changes to the Draft Development Agreement Deal
Points have been highlighted for the City Council's review. The applicant,
Newhall Land and Farming has agreed to the changes listed in the attached
Summary of Modifications to the Specific Plan. However, there are a few issues
that the applicant has not agreed to that are included in the Draft Development
Agreement Deal Points. The following issues the applicant has not agreed to
support:
1. Construction of bleachers as part of the 15.9 acre turnkey park.
2. The Valencia Bridge and Thoroughfare District Credit Arrangements.
After the Council has reviewed these Draft Development Agreement Deal Points,
this portion of the project will be returned to the City Council at a future meeting
for its formal approval.
ATTACHMENTS
Vicinity Map
Summary of Modifications to the Specific Plan
Development Agreement Deal Points
Water Supply and Demand Figures
Responses to Comments
Resolutions and Ordinances
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NOTICE IS HEREBY GIVEN that on January 11, 2000, the City Council of the City of Santa
Clarita introduced Ordinance 00-1 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
APPROVING PREZONE 98-003 (MASTER CASE 98-183) FOR ANNEXATION NO. 98-
02 (NORTH VALENCIA NO. 2) TO ALLOW FOR THE NORTH VALENCIA NO. 2
SPECIFIC PLAN, WHICH CHANGES THE ZONING CLASSIFICATION FROM LOS
ANGELES COUNTY ZONES A-2-5, RPD 5000-8.6U, AND M -PD TO CITY OF SANTA
CLARITA ZONE SPECIFIC PLAN (SP) OVER 596.2 ACRES AND AMENDS
PORTIONS OF ORDINANCE 99-2, AND ADOPTION OF THE NORTH VALENCIA
NO.2 SPECIFIC PLAN TO ESTABLISH SPECIAL DEVELOPMENT STANDARDS TO
ALLOW FOR THE DEVELOPMENT OF A 596.2 ACRE PROPERTY KNOWN AS THE
NORTH VALENCIA NO. 2 SPECIFIC PLAN AREA LOCATED WITHIN THE 576.2
ACRE NORTH VALENCIA 2 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 13" day of January, 2000
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 Thursday, January
13, 2000, 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.
A --
Sharon-L. Dawson, CMC, City Clerk
City of Santa Clarita
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Project Location and Vicinit,
7
NORTH VALENCIA NO. 2 SPECIFIC PLAN EIR
SPECIFIC PLAN MODIFICATIONS
1) Add Section 7.14 to address Water Wise Landscaping.
2) Allow trails along creek to meander through the outer edge of the Upland Preserve
Zone, allowing for topographic constraints. Trail should not be closer than 100 feet
from resource areas except where necessary to address topographic constraints.
3) Add landscape to center medians on Decoro Drive and Dickason Drive.
4) Provide rustic fencing along east side of Dickason Drive from Decoro Drive to
approximately 200 feet north of Smyth Drive opposite Valencia High School.
Provide tightly woven fencing that will prevent debris from entering the Upland
Preserve Zone along the lower half of the rustic fencing.
5) Add Technology Store Front Libraries to the list of uses that require a Minor Use
Permit under the heading "Public Facilities and Utilities" on Specific Plan page 7-7.
6) Remove the equestrian staging area from sub -area 7. Add note that an equestrian
staging area will be provided west of San Francisquito Creek and north of Decoro
Drive in a passive recreation area.
7) Modify Table 2-2C to allow for a minimum 15.9 acre City park to be located in
subarea 1 or subarea 3.
8) Add an exhibit showing 15.85 acres passive open space along the San Francisquito
Creek, 14.10 of which is outside of the Upland Preserve Zone.
9) Modify Exhibit 14 to show a landscaped berm bordering Newhall Ranch Road and
McBean Parkway outside the potential minimum 15.9 acre City park site. Show
this as stand alone parkland, without a joint use. Show access and parking. Show
connections to the River Trail.
10) Provide a Copper Hill Drive Bridge cross section showing a separated Class One
bike trail on the south side of the bridge.
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NORTH VALENCIA PROJECT NO.2
ANNEXATION AND DEVELOPMENT AGREEMENT 98-001
Development agreement between the City of Santa Clarita ("City") and The Newhall Land
and Farming Company ("Owner") concerning 597 -Acre North Valencia No. 2 Specific Plan
and Annexation Project.
PROJECT
Owner will develop the Specific Plan Area as a large-scale phased master planned
community in accordance with various development approvals.
Specific Plan Area consists of two project alternatives:
Project (Future Public Junior High School in Eastcreek Subarea 1)
— East Creek, consisting of 205.9 acres, 950 single-family dwelling
units, 250 multi -family dwelling units, 150,000 square feet of
commercial uses, a 15.9 -acre City Community Park, an undeveloped
3.5 -acre Los Angeles County park easement, 2.5 -acres of private
recreational facilities, and a potential 20 -acre public junior high
school site.
— Decoro South, consisting of 269.7 acres, with 450 single-family
dwelling units, 250 multi -family dwelling units and 60,000 square
feet of commercial uses with recreation, open space, and community
facility uses. This area includes the 44.6 -acre Valencia High School.
San Francisquito Creek Conservation Area, consisting of 120.6 acres.
Of these, 100.5 -acres are included in the San Francisquito Creek and
Upland Preserve Zone, are not included in future street calculations,
are not within the proposed West Creek project (TT 52455) area and
shall be devoted to open space and conservation uses.
Option B (Future Public Junior High School in Eastcreek Subarea 3)
East Creek, consisting of 212.1 acres, 950 single-family dwelling
units, 250 multi -family dwelling units, 50,000 square feet of
commercial uses, a minimum 15.9 -acre City Community Park, an
undeveloped 3.5 -acre Los Angeles County park easement, a 2.5 -acres
of private recreational facilities, and a potential 20 -acre public junior
high school site.
— Decoro South, consisting of 269.7 acres, with 450 single-family
dwelling units, 250 multi -family dwelling units and 60,000 square
feet of commercial uses with recreation, open space, and community
facility uses. This area includes the 44.6 -acre Valencia High School.
— San Francisquito Creek Conservation Area, consisting of 114.4 acres.
Of these, 94.3 -acres are included in the San Francisquito Creek and
Upland Preserve Zone, are not included in future street calculations,
are not within the proposed West Creek project (TT 52455) area and
shall be devoted to open space and conservation uses.
Project Approvals consist of:
General Plan amendments for the Land Use Element and Circulation
Element.
— North Valencia Specific Plan No. 2 document and Prezone to Specific
Plan (SP) zone.
— VTTM 44531 "A" and "B
— VTTM 52667.
— CUP for grading, haul route and building height.
— Annexation and Development agreement.
— Oak tree permit.
— Hillside Development Review.
Completion of annexation is subject to granting of Project Approvals acceptable to
Owner.
Creek Area
All development will be located out of SAT boundaries except for trails, water
quality filtration areas, outlet structures, sewer lines and Decoro Bridge abutments.
Upland Preserve Area will be created as buffer between the riparian habitat of the
Creek and proposed development to protect sensitive biological resources. Buffer
zone to be established by Scientific Advisory Team ("SAT") as in NVAI. Owner will
revegetate buffer area as appropriate.
• Buried bank stabilization will be located in Upland Preserve Area.
• Owner will preserve natural creek bank edges during the construction of the buried
bank stabilization.
• Owner will donate to City 58.0 acres consisting of the Creek Conservation Area.
Donation subject to conservation easement on property that will be granted to the
California Department of Fish and Game and to Owner's reservation of water and
mineral rights.
• Owner will convey to City the 56.4 acre Upland Preserve Area, including 16 foot
Class I trail on the east side of the San F rancisquito Creek and a 30 foot
multipurpose trail on the west side of the creek, for $613,800 or such amount, not to
exceed $613,800, which represents the fair market value of such area as determined
by an appraiser selected by the City, which City anticipates obtaining from grants
or other available outside funding.
Owner will install trail improvements per City trail standards and other
landscaping improvements in the Upland Preserve Areas valued at $613,800.
City will execute all necessary agreements for Owner to do landscaping and
trail improvements or to take over such work itself, in which case City will
get any balance remaining on the $613,800 Owner has committed to spend
on improvements.
— The $613,800 to purchase the Upland Preserve Area and associated
improvements represents funds generated through the City's solicitation of
grant funds.
— When Owner begins construction of the trail and landscaping
improvements for Upland Preserve Area, if City has been unable to
obtain grants or other outside funds to pay the $613,800.00 (or other
fair market price determined for the Upland Preserve Area) by that
time, Owner agrees to extend time for payment for up to an additional
six (6) years upon agreement by the City to pay interest on the amount
due for the period of the extension. If at the end of the six (6) year
period, City has still not obtained grants or outside funds to pay the
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— When Owner begins construction of the trail and landscaping
improvements for Upland Preserve Area, if City has been unable to
obtain grants or other outside funds to pay the $613,800.00 (or other
fair market price determined for the Upland Preserve Area) by that
time, Owner agrees to extend time for payment for up to an additional
six (6) years upon agreement by the City to pay interest on the amount
due for the period of the extension. If at the end of the six (6) year
period, City has still not obtained grants or outside funds to pay the
Trails
amount due, City will be obligated to pay Owner the $613,800.00 and
the accumulated interest from the City's general fund.
Owner will provide the following trail improvements:
Extension of City's River trail system for approximately 10,100 feet
with 16 ft. width within Upland Preserve Area along east side of
Creek from Newhall Ranch Road to Copper Hill Drive.
30 ft. wide multipurpose trail approximately 5,000 feet along west
side of Creek from Newhall Ranch Road to Decoro Drive with 10 ft.
wide undercrossing at Decoro Bridge, for equestrian use only.
— Class I bike trail 16 ft. wide along the south side of Newhall Ranch
Road from Dickason Drive to Copper Hill Drive
Class I bike trail 15' wide along the east side of Copper Hill Drive
from Newhall Ranch Road to Decoro Drive.
Design and construct river trail undercrossing of Newhall Ranch Road
bridge on the west side of San Francisquito Creek prior to January
2003. This is at an earlier time than required as part of the North
Valencia 1 Annexation and Development Agreement.
— Design and construct a bike trail to City Class One standards over
Bouquet Creek on the south side of Newhall Ranch Road by the time
400'` unit is occupied in Bridgeport project. This is at an earlier time
than required as part of the North Valencia 1 Annexation and
Development Agreement.
River Trail undercrossing of the Copper Hill Drive Bridge on the east
side of San Francisquito .Creek.
30 ft. wide multi -use trail easement from western end of South River
(NVA1) project, west along Santa Clara River, crossing over the
railroad bridge to the north side of the river, and then west to I-5.
Before the 201st building permit is pulled, Owner will contribute
$140,000 for the construction of the Santa Clara River Trail,
described above.
Recreational and Park Facilities
Owner will provide paseos for pedestrian use and access to all public facilities in the
Specific Plan Area.
.. • r •• - r r r r r r r r
Ranch Road r r r r McBean Parkway r on
r' r r r r exception of an • r r fault). The
!Egi% School District Berming to bufferpark r r rr roadwa
will not be r•r in the 15.9 acres an6lox fox land =edp! imm ily fox 1 —1-
improvements r the park are in
addition • owner's • r •Quimbyobligations r park facilities. The park
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wmdcl work bovyaxci accepting fee title to county acreage = ij=t of a=mexabio
In ocess.
• - park will • c developed r City standards• • shall includethe
followingo r may be modified at the discretion of if agreed upon by
both the City Director of • and the
owner: I
1) Turf/Irrigation/Landscaping of entire 15.9 acre site.
2) Minimum of 12 trees per acre, 24 inch box or greater in size.
3) Lighted concrete walkways (Lights required for safety and security reasons).
4) Landscaped, lighted parking lot with minimum 1 tree per five spaces. (Lights
required for safety and security reasons).
5) Playground structure consistent with the existing Community Park
standards.
6) Shade Structure
7) Restrooms.
8) 3 Lighted Tennis courts.
9) Decorative, Covered Concrete Trash Enclosure to hold a 4 -yard trash
dumpster.
10) Site amenities -minimum 10 benches, minimum 4 drinking fountains,
minimum 6 picnic tables, minimum 10 decorative concrete trash receptacles,
minimum 3 recycling centers, minimum 5 stand alone barbecues, minimum 2
bike racks.
11) Softball diamond -350 foot fence with backstop/bleachers.
12) Connections to the River Trail
13) Connections to adjacent transit stops on Newhall Ranch Road Decore
,Drive and McBean Parkway.
owner will provide 15.85 acres of passive open space along the San'
Francisquito Creek, of which 14.19 acres will be located outside of the
Upland Preserve Zone. The area on the west side of San Francisquito Creek
will include an improved trail head with two pull thru parking spaces.
These dedications and improvements are in addition to the owner's Quimby
obligations for park facilities.
Owner will provide and install pedestrian bridges at the following locations:
A) Over Decoro Drive, midway between Dickason Drive and Copper Hill
Drive;
B) Over McBean Parkway, north of Sunset Hills Drive;
C) Over Copper Hill Drive, east of McBean Parkway; and
D) Over Copper Hill Drive, south of Decoro Drive.
Owner will contribute $150,000.00 to the Valencia High School Trust to be
used for improvements to the athletic fields at Valencia High School.
Transportation Improvements
Owner shall will construct Decoro Drive Bridge using the City approved decorative
treatment on both the north and south sides of the bridge.
Early construction of intersections throughout the specific plan area and
adjacent intersections. .
Designed to co=;Ay with Va4eneift B & T District ulbi=ate intersection design.
Bridge and Thoroughfare Imvrovements
Owner will participate in 8ity's the Valencia $ & Bridge and Thoroughfare
dDistrict. Fees shall be calculated consistent with the 6itp B&T Bridge and
Thoroughfare dDistrict, except that fees fox senior citizen housing sl=H be W
per cent of fees f6i comparable residen'dal tmits and paid upon issuance of a
building permit.
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OPINION
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Transit
Owner will install bus stop pads, bus shelters, and bus turnouts within the North
Valencia 2 Area as determined by the Director Transportation and Engineering
Services and the owner. The extent of these improvements exceeds the amount of
the transit mitigation fee or improvements that the City could require as part of the
Project Approvals.
Owner will install passenger -waiting areas at ten (10) locations within the Valencia
Industrial Center as determined by the Director of Transportation and Engineering
Services and the owner. These improvements shall be installed prior to issuance of
the first certificate of occupancy for a residential unit within the Specific Plan area.
Fees
• Nature and amount of fees for project will be as defined in the appropriate fee
resolutions and calculated at of the effective date of Agreement, regardless of
subsequent changes. For the Valencia 33&T BiabTict emd Ebxary fees, fm which no
fees we ct=.entiy adopted by the Gity, the fees wiH be the Los A=geles Gomyb�
that vrould be assessed for actual de v elopments a. of t3te date of approval of t]
Bey eloy=ent Agreeme=b (not the Effective . The Valencia B&T Bridge and
Thoroughfare and library fees will include yearly adjustments as defined in the Em
fmgeles Gouaty appropriate fee resolutions and will be charged at building permit
issuance.
Schools
Owner will pay school mitigation fees as per agreement with William S. Hart and
Saugus school districts.
Phasin¢
Owner agrees to a phasing program for public improvements within the Specific
Plan area. These public improvements include roadways, parks, trails, and transit
improvements (Attach Phasing Plan). This phasing plan will include a timetable
correlating the phasing of infrastructure to specified levels of actual development
for roadway, parks, transit and trail improvements. This phasing plan timetable
will include timing of bridge widening and undercrossings to accommodate
additional lanes and bikeways. Phasing of parks and trail improvements will be
provided to the satisfaction of the Director, Parks, Recreation and Community
Services and the Director of Planning and Building Services and shall be provided
no later than at the time of issuance of certificates of occupancy.
Phasing of roadway and intersection improvements will be as provided in the
conditions of approval except in the case of the filing of multiple final maps. In the
case of multiple final maps, the phasing plan will identify triggers for Supplemental
Traffic Studies and shall be subject to the discretion of the City Traffic Engineer.
7
Where the traffic study shows that the fixed timetable for public improvements is
inadequate to meet the need, then the necessary improvements indicated by the
traffic study will be required at a time set by the Director of Planning and Building
Services. Owner will prepare the Supplemental Traffic Study(s) to the satisfaction
of the Director of Transportation and Engineering Services and shall be provided no
later than at the time of issuance of certificates of occupancy.
Mapping
Owner will provide digital mapping for the entire North Valencia Annexation 2
Area for incorporation into the City's GIS.
Livability
• Owner will provide water features and public art in the Commercial and Mixed -Use
zones.
• Benches shall be provided along all trails and paseos.
OWNER BENEFITS
The City agrees to a process of administrative review for future processing of
subsequent tract maps for Tentative Tract Map 44831 Option A or Option B, .and
Tentative Tract Map 52667 within the North Valencia 2 Annexation area in
accordance with provisions to those in the Letter of Understanding (LOU) dated
April 30, 1999 for the North Valencia Annexation I. Administrative modifications
for tract and parcel maps will be approved by the Director of Planning and Building
Services.
The City agrees to a process of administrative review for future development within
the Specific Plan area and for entitlements requested through Master Case Number
98-183 and 99-055 within the Specific Plan area. The City agrees as part of this
Development Agreement to amend the Specific Plan to add Chapter 8.6 (Future
Development Proposals) to incorporate the text of this provision for administrative
review. Administrative modifications will be approved by Director of Planning and
Building Services as follows:
Size and configuration of lots and parcels and dimensions and/or
locations of improvements may be modified, subject to Subdivision
Map Act, providing that aggregate total density and intensity of the
particular Planning Area are not increased, permitted uses are not
changed, and revised parcels or lots and improvements thereon are
consistent with the Applicable Rules and Project Approvals.
— Size and configuration of residential lots and improvements may be
reconfigured and redesigned providing aggregate number of dwelling
units within the Specific Plan Area is not increased. Owner may
make one or more tracts less dense, convert one or more lots from
condominium to individual fee lots provided such conversion is equal
or lower density of development, and modify the design of streets,
curbs, gutters, sidewalks, drainage and affected utilities to be
consistent with such modifications so long as changes are consistent
with standards and requirements in the Applicable Rules and Project
Approvals.
— Any subsequent tentative subdivision map shall be approved upon a
determination by the Director of Planning and Building Services, that
the map is consistent with the Specific Plan and the Conditions of
Approval. Owner will have vested right to develop the Specific Plan
Area without further discretionary approvals or permits other than to
confirm substantial compliance with the specific design and
construction standards in the Applicable Rules. City will
administratively process tract maps, permits, or approvals of any
kind, including modifications as provided in this Agreement provided
these modifications do not:
A) result in any reduction in acreage in San Francisquito Creek
(Subarea 8) or in the Upland Preserve Zone (Subarea 9); or
B) result in any development within the SEA other than the
landscaping, trail, flood control improvements, sewerline, and
roadway improvement analyzed in the FEIR or allow for any
use other than a public junior high school to utilize area within
the SEA setback line within Subarea 3 as shown on VTTM
44831 "B" and as identified Option B in the FEIR; or
C) move the location of buried bank stabilization so as to create
additional biological resources impacts than those addressed in
the FEIR.
Such administrative approvals are ministerial acts implementing the
project entitlements and not appealable to the Planning Commission
or City Council. Any change which would result in converting one or
more single-family lots to a condominium lot shall be reviewed by the
Planning Commission but will be governed by the project
entitlements, and City will not condition approval of such conversion
with additional exactions, conditions, or requirements.
• City will by administrative approval grant Owner the same incentives or benefits,
reductions or credits, reduced or lesser mitigations, or other competitively
advantageous concessions given to any similar project during the term of the
Agreement.
Permitted uses, density, an intensity of use, size of buildings, reservations or
dedication of land for public improvements or purposes, will be as set forth in the
Agreement Project Approvals, and the Applicable Rules, unless Owner elects to be
subject to any new standard, rule, regulation, or policy.
• Rules, regulations, ordinances, and official policies governing uses, density and
design, improvement and construction standards and specifications, as well as all
fees (including processing fees except for building permit and review fees) and
exactions will be those in effect the date Owner's application for tract maps is
deemed complete, but notwithstanding City may apply changes in building,
electrical, fire, mechanical, or plumbing codes if applicable to all property in City.
• Any changes in the Applicable Rules after Effective Date not applicable to Project.
• City agrees to honor the provision of the North River Mrails and Parks Agreement
between the Valencia Company and the County of Los Angeles that allows for
providing up to 50% Quimby credit for a parkland easement within the MWD right-
of-way.
• Tract maps and other project approvals will be automatically extended for the term
of the Agreement (15 years).
• No moratorium or other limitation of any kind will apply to the project.
• Owner's rights under Agreement and project approvals will be vested.
• City acknowledges that it has sufficient infrastructure capacity to accommodate the
project and agrees to service it.
• No further school mitigation obligations will be imposed except provided in this
Agreement.
• City agrees to cooperate with Owner to establish Community Facilities Districts or
other public financing mechanisms.
• Infrastructure Improvements:
— If infrastructure constructed or paid for by Owner in connection with a
project exceeds that required to mitigate the project, or that portion of the
project which is developed at the time the infrastructure is completed, Owner
may transfer the right to or credit for such excess capacity to other
development areas in the project or other development projects within the
Santa Clarita Valley owned or controlled by Owner.
City will agree to reimburse Owner for the costs of dedications, public
facilities or infrastructure required for the project by the City to the extent
they are in excess of those reasonably necessary to mitigate project impacts,
whether such improvements are within or outside of the Specific Plan Area.
10
If landscaping and improvements done by Owner exceed $613,800, City will use best
efforts to reimburse Owner if funds are available from grants or other sources.
Owner will have no continuing responsibility for maintenance, repair, replacement,
and restoration of landscaping and improvements, excluding oak tree mitigation.
GENERAL PROVISIONS
• Define Applicable Rules
Annexation
• All references to commitments of funds by either the City or Owner shall be subject
to a Los Angeles County Consumer Price Index adjustment.
• Annexation not to be completed until Project Approvals granted. Agreement is void
if annexation not completed by 2001.
• Term is 15 years. Agreement terminates as to a specific lot when certificate of
occupancy issued for that lot.
• In the event of inconsistency between this Agreement and Project Approvals as
determined by the Director of Planning and Building Services, the provisions of this
Agreement control.
• Standard provisions concerning cooperation/implementation:
— Parties will take necessary actions and execute agreements.
City will expeditiously process entitlement applications.
Processing to continue during third party litigation absent court
order.
City will exercise discretion under state, federal or case law consistent
with good faith implementation of this agreement.
City acting as or in other agency will not take conflicting actions.
Owner will defend Agreement and hold harmless City.
Right to assign granted.
Owner is released from liabilities upon transfer, City will look solely to transferees
for further compliance with provisions of Agreement as to transfer red portion, and
default by such transferee will not affect Owner's remaining property or rights,
provided that Owners obligations to defend and hold harmless City from any
11
challenges to Agreement arising from an administrative modification shall be
transferred only if City approves the transferee to defend the City in that
circumstance, in its reasonable discretion.
• Provisions for Owner to mortgage property and for protection of mortgagee
• Parties to issue statements of compliance upon demand.
• Default only after thirty day written notice.
• Annual review as provided in Government Code.
• Parties to have all rights and remedies, including specific performance, in event of
default.
• Parties may take legal action for default, such actions to be heard by a retired judge
serving as referee.
• No waivers of rights implied unless expressly stated and all remedies permitted or
available under the Agreement will be cumulative and alternative.
• Prevailing party in any legal proceeding on Agreement to receive attorneys fees,
including those on appeal.
• Obligations of Owner are without recourse to general partners, officers,
shareholders, unit holders, directors or employees, and sole recourse of City is to the
Specific Plan Area
• Performance of obligations suspended due to force majeure and shall be modified to
reflect subsequent changes in federal or state law.
• Agreement may be amended pursuant to Government Code.
• Parties to execute operating memoranda where required.
• Standard "boilerplate" contract provisions.
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Water Availability - Dry Years (50% of entitlement)
Note: does not include firming supplies available during drought
VWC
Existing Condition
Under DMS
Under Valley
Valley -Wide
Existing Demand
22000.00 48858.00
48858.00
Existing Supply
45000.00 91100.00
100100.00
Alluvial Aquifer
32500.00
32500.00
Saugus Aquifer
11000.00
20000.00
Imported Water
47600.00
47600.00
Reclaimed Water
1 0.00
0.00
Existing Water Available
23000.00 4224200
51242 nn
DMS Supply
Alluvial Aquifer
Saugus Aquifer
Imported Water
Reclaimed Water
Demand (Option A)
30617.00 69148.00 69148.00
45000.00 109100.0o 118100.00
32500.00 32500.00
11000.00 20000.00
47600.00 47600.00
18000.00 18000.00
14383.00 39952.00 48952.00
1244.00 1244.00 1244.00
ounuw•
Buildout Demand w/o Project
157500.00
157500.00
Buildout Supply
109100.00
118100.00
Alluvial Aquifer
32500.00
32500.00
Saugus Aquifer
11000.00
20000.00
Imported Water
47600.00
47600.00
Reclaimed Water
18000.00
' 18000.00
Difference
-48400.00
-39400.00
Project Demand (Option A)
1244.00
1244.00
Buildout Water Available w/ Project
-49644.00
-40644.00
Water Availability - Wet Years (full entitlement)
Existing
Under DMS
Under Valley
VWC
Valley -Wide
Existing Supply 45000.00 138700.00 147700.00
Alluvial Aquifer 32500.00 32500.00
Saugus Aquifer 11000.00 20000.00
Imported Water 95200.00 95200.00
Reclaimed Water 0.00 0.00
Existing Water Available 23000.00 89842.00 98842.00
DMS Supply
w/o Project
Alluvial Aquifer
Saugus Aquifer
Imported Water
Reclaimed Water
Demand (Option A)
ter Available w/ Pn
w/o
45000.00 156700.00 165700.00
32500.00 32500.00
11000.00 20000.00
95200.00 95200.00
18000.00 18000.00
14383.00 87552.00 96552.00
1244.00 1244.00 1244.00
Supply
156700.00
165
Alluvial Aquifer
32500.00
32
Saugus Aquifer
11000.00
20
Imported Water
95200:00
95
Reclaimed Water
18000.00
18
Difference
Project Demand (Option A)
1244.00 1