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HomeMy WebLinkAbout2000-04-25 - ORDINANCES - NORTH VALENCIA 2 DEV AGMT (2)i -- ORDINANCE NO. 00- 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT 98-001, (MASTER CASE NO. 98-183) TO ALLOW FOR THE 15 -YEAR DEVELOPMENT OF A 596.2 ACRE PROPERTY KNOWN AS THE "NORTH VALENCIA NO.2 SPECIFIC PLAN AREA" ENCOMPASSING THE 576.2 ACRE NORTH VALENCIA 2 ANNEXATION AREA IN THE UNINCORPORATED AREA OF LOS ANGELES COUNTY ADJACENT TO THE CITY OF SANTA CLARITA. THE CITY COUNCIL OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. On July 14, 1998, the City Council approved a non-binding Memorandum of Understanding (MOU) with the Valencia Company, herein referred to as the "Applicant", regarding certain aspects of the potential annexation of approximately 1,054 acres located in unincorporated Los Angeles County that included the North Valencia No. 2 Specific Plan and North Valencia 2 Annexation area, the North Park Annexation area. Both the North Valencia 2 and North Park annexations were to occur concurrently. At the time the MOU was adopted, the applicant stated their intention to request entitlements for up to 2,500 dwelling units and a maximum of 310,000 square feet of commercial/mixed uses. The annexations proposed included the following existing Los Angeles County approved entitlements: 92,000 square foot North Park shopping center; 67,000 square foot Plaza Del Rancho shopping center; 80,000 square foot retail center at the northeast corner of Copper Hill drive and Newhall Ranch Road; approximately 45 acres of industrial property within the Valencia Industrial Center south of Smyth Drive; Tentative Tract 45440 (North Park); and Tentative Tract 46389 (North Park.) b. The North Valencia 2 Annexation area is approximately 576.2 acres generally located north of Newhall Ranch Road, south of Copper Hill Drive, east of the San Francisquito Creek and Copper Hill Drive, and west of McBean Parkway and the existing City boundary, in the unincorporated area of Los Angeles County adjacent to the City of Santa Clarita. The North Valencia No. 2 Specific Plan area is approximately 596.2 acres and encompasses the North Valencia 2 Annexation area. The 20 -acre Decoro Drive Bridge area accounts for the acreage difference between the North Valencia No. 2 Specific Plan area and the North Valencia 2 Annexation area. The Decoro Drive Bridge area is included in the North Valencia No. 2 Specific Plan; however, this bridge has been excluded from the North Valencia 2 Annexation area at the request of the applicant. Portions of the North Valencia 2 Annexation area form a contiguous boundary with -the/ City of Santa Clarita. The North Valencia 2 Annexation is an uninhabited annexation. C. The applicant formally requested certain project entitlements on August 17, 1998 Ord. No. 00 - Page 2 (Master Case 98-183). Such entitlement requests include: an amendment to the General Plan Land Use Map (GPA 98-002 "A") to designate approximately 576.2 acres of the North Valencia Annexation Area to a Specific Plan Land Use Designation and an amendment to the Circulation Element (GPA 98-002 `B") to allow modification of the cross sections for certain roadways on the Master Plan of Arterial highways through adoption of a specific plan; modify certain roadways; a Specific Plan Prezone (SP 98-003) and adoption of the North Valencia No. 2 Specific Plan Document (text) to cover approximately 596.2 acres of the North Valencia Annexation area and Decoro Drive Bridge area including requests for up to 1,900 dwelling units and 210,000 square feet of commercial uses; annexation requests to annex the approximately 576.2 -acre North Valencia Annexation area (Annexation No. 98-02, uninhabited); Vesting Tentative Tract Map 44831"A" (Eastcreek), Vesting Tentative Tract Map 44831"B" (Eastcreek), and Vesting Tentative Tract Map 52667 (Decoro South); a conditional use permit (CUP 98-006) to allow for grading of over 100,000 cubic yards of earth and for approval of a haul route; an oak tree permit (OTP 98-020) to allow for oak tree removals and potential encroachments; an annexation and development agreement (DA 98-001) providing the public with certain benefits and the applicant with certain benefits including a 15 -year project build -out; and a request for an initial study review to determine the appropriate environmental review for the project. On March 1, 1999, the applicant requested an additional entitlement (Master Case 99-055) for a hillside review to allow for grading on slopes in excess of 15% grade (HR 99-002). d. The North Valencia No. 2 Specific Plan area has been designated for SP (Specific Plan) land use by separate resolution. (Master Case 98-183, an amendment to the General Plan Land Use Map (GPA 98-002 "A") to designate approximately 596.2 acres of the North Valencia No. 2 Specific Plan area to a Specific Plan Land Use Designation. e. A Circulation Element Amendment to allow modification of the major, secondary and limited -secondary highway cross sections through an adopted Specific Plan has been adopted through separate resolution. [Master Case 98-183, an amendment to the Circulation Element (GPA 98-002 "B") to allow modification of the cross sections for certain roadways on the Master Plan of Arterial highways through adoption of a specific plan]. f. The North Valencia No. 2 Specific Plan prezone and North Valencia No. 2 Specific Plan document have been adopted through separate ordinance. [Master Case 98-183, a Specific Plan Prezone (SP 98-003) and adoption of the North Valencia No. 2 Specific Plan Document (text) to cover approximately 596.2 acres]. g. Other entitlements associated with the North Valencia No. 2 Specific Plan have been approved by separate resolution. [Master Case Nos. 98-183 and 99-055, Vesting Tentative Tract Map 44831"A" (Eastcreek), Vesting Tentative Tract Map 44831"B" (Eastcreek), and Vesting Tentative Tract Map 52667 (Decoro South); Ord. No. 00 - Page 3 a conditional use permit (CUP 98-006) to allow for grading of over 100,000 cubic yards of earth and for approval of a haul route; an oak tree permit (OTP 98-020) to allow for oak tree removals and potential encroachments and a hillside review permit (HR 99-002) to allow for grading on slopes in excess of 15% grade]. h. An annexation request for the uninhabited 576.2 -acre North Valencia 2 Annexation area (Master Case No. 98-183, Annexation No. 98-02) was filed with the Los Angeles County Local Agency Formation Commission (LAFCO) in July of 1999 following the direction of the City Council on June 23, 1999 (Resolution 99-127). The City's annexation request is processing at LAFCO at the request of the City and the applicant pending approval of the annexation and development agreement. i. The adopted North Valencia No. 2 Specific Plan document includes up to 1,900 dwelling units; 210,000 square feet of new commercial/mixed uses; a 20 -acre junior high school site; a 15.9 -acre public park; a 3.5 -acre undeveloped Los Angeles County park site given to the County as a condition of approval for the North Park development; 4.1 acres of private recreation areas; 93.4 acres of open space (47.5 acres of San Francisquito Creek and 45.9 acres of undeveloped upland preserve zone); two trailhead staging areas, 1.7 acres of paseos, and 7.3 acres of community trails. The adopted North Valencia No. 2 Specific Plan Document includes an analysis of consistency between the Specific Plan and the City of Santa Clarita General Plan. The North Valencia No. 2 Specific Plan Document is consistent with the General Plan. The adopted North Valencia No. 2 Specific Plan Document contains two different land use alternatives for the Eastcreek Planning area, the project and Option B. The project includes the future junior high school and joint public park on SP - Commercial zoning (SP -Com) at the northwest corner of Newhall Ranch Road and McBean Parkway in Eastcreek Sub -area One and 150,000 square feet of mixed uses and up to 250 attached residential units on SP -Mixed Use zoning (SP -MU) at the northwest corner of McBean Parkway and Decoro Drive in Eastcreek Sub -area Three. Option B includes 50,000 square feet of mixed uses and up to 250 attached residential units on SP -Mixed Use zoning (SP -MU) at the northwest corner of Newhall Ranch Road and McBean Parkway in Eastcreek Sub -area One and the future junior high school and joint public park on SP - Commercial (SP -Com) at the northwest corner of McBean Parkway and Decoro Drive in Eastcreek Sub -area Three. The decision of which land use option is built rests with the ultimate location of the future junior high school; however, it is believed that the William S. Hart Union High School District favors the site on the northwest corner of Newhall Ranch Road and McBean Parkway. Should the William S. Hart Union High School District decide neither site in the North Valencia No. 2 Specific Plan area is suitable for a junior high school, then a third land use plan is provided that allows mixed use and a minimum 15.9 -acre Community Park at either of the school site locations. Ord. No. 00 - Page 4 The adopted North Valencia No. 2 Specific Plan Document includes exhibits and discussion of the distribution, location, and extent of the uses of land, including open space, within the area covered by the Specific Plan. Proposed land uses within the adopted North Valencia No. 2 Specific Plan Document coordinate with proposed uses outside the Specific Plan area such as the River Trail, the Upland Preserve Zone, and General Plan roadway connections. The adopted North Valencia No. 2 Specific Plan Document includes the proposed distribution, location, and extent and intensity of major components of public and private transportation, recreational parklands and trails, open space, sewage, water drainage, solid waste disposal, energy, and other essential facilities and public services proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. The adopted North Valencia No. 2 Specific Plan Document includes standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. These Specific Plan standards and criteria reflect those of the City and will provide for a comprehensively planned community under the goals and policies of the City. Thus, development within the Specific Plan area will be superior to piecemeal development under Los Angeles County development standards. The adopted North Valencia No. 2 Specific Plan includes a program of implementation measures including regulations, public works projects, and provisions for financing measures necessary to carry out public improvements. Conditions of approval for the project associated with related North Valencia No. 2 Specific Plan entitlements, particularly the annexation and development agreement and subdivision maps, provide necessary infrastructure to serve the Specific Plan area and mitigate potential environmental impacts as identified in the Mitigation, Monitoring and Reporting Program prepared for this project. j. The North Valencia No. 2 Specific Plan and development entitlements application included a request for approval of a Development Agreement to provide the applicant with certain benefits including a 15 -year project build -out in exchange for providing "above and beyond" public benefits (DA 98-001). Provisions of the North Valencia No. 2 Specific Plan and entitlements and Development Agreement require orderly construction of public infrastructure necessary to serve development within the Specific Plan area including, but not limited to vehicular and pedestrian rights-of-way, drainage and flood control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities and road improvements adequate to serve the North Valencia No.2 Specific Plan development. The North Valencia No. 2 Specific Plan and entitlements as modified by the Annexation and Development Agreement include provisions for development schedules providing that construction of the proposed development as a total project or in phases be Ord. No. 00 - Page 5 initiated and/or completed within specified time periods. The Annexation and Development Agreement provides clear and substantial public benefit to the City and/or residents along with a schedule of delivery of the benefit. The North Valencia No.2 Specific Plan as modified through the development agreement provides for the prohibition of one or more uses normally listed as permitted, accessory, subject to Director's review or subject to permit in the zone where placed, provides specified design criteria for the exteriors of buildings and other structures, including signs, provides requirements for special yards, open spaces, buffer areas, fences and walls, landscaping, and parking facilities, including vehicular and pedestrian ingress and egress. The MMRP and Conditions of Approval for the North Valencia No. 2 project development entitlements including the Annexation and Development Agreement 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. The North Valencia No. 2 Specific Plan and entitlements as modified through the Development Agreement also contain provisions to regulate operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property. The Annexation and Development Agreement provides limitations on future development and identifies specified conditions under which further development not included in the agreement may occur. k. Los Angeles County is presently processing an entitlement request for the West Creek project (TT 52455). Proposed VTTM 44831 (Eastcreek) and TT52455 (West Creek) will share a common boundary that will become a City boundary upon recordation of either of these maps and annexation of the North Valencia No. 2 area to the City of Santa Clarita. As proposed, the remaining boundaries of the proposed North Valencia No. 2 Annexation area follow existing legal lot lines and roadway centerlines. 1. 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 Business Park (BP), Community Commercial (CC), Commercial Neighborhood (CN), Residential High (RH), Residential Medium High (RMH), Residential Suburban (RS), Residential Low (RL), and Residential Estate (RE) with a Valley Center Concept (VCC) Overlay on a portion of Eastcreek Sub -area One and a Significant Ecological Area (SEA) Overlay over San Francisquito Creek. (Existing City General Plan -Land Use Designations, acreages and development potential are shown in Table 2-1 of the North Valencia No. 2 Specific Plan). In. The City Council authorized the filing of an annexation request with LAFCO on June 23, 1999 (Resolution 99-127). The City filed an application for annexation of the area with the Los Angeles Local Agency Formation Commission (LAFCO) in July 1999. The City's annexation request is processing at LAFCO at the request of the City and the applicant pending the approval and certification of Ord. No. 00 - Page 6 FEIR SCH#98111201 prepared for this project, election of this area into the City's Stormwater Utility and approval of related project entitlements by the City Council. n. On November 9, 1999 the City held a Stormwater Utility Fee election for a portion of the North Valencia 2 Annexation area. This election passed and a Stormwater Utility Fee will be applied to this area following annexation into the City. Only a portion of the North Valencia No. 2 Annexation area was included in this election due to errors in the records of the Los Angeles County Assessor's Office. A second Stormwater Utility Fee election to cover the remaining North Valencia No. 2 Annexation area is (portion of North Valencia No. 2 Specific Plan Subareas 3 and 4) will be held in Winter -Spring 2000, prior to annexation of this area to the City. o. The City Council held a study session on January 5, 1999 and received an informational report on the status of the North Valencia No 2 Specific Plan and entitlements and the North Valencia 2 and North Park Annexations. The City Council was presented with the results of a fiscal impacts analysis of the North Valencia 2 Annexation and the North Park annexation that showed that these annexations would be, at least, marginally positive five years following commencement of the project. A second City Council study session was held on July 6, 1999, following the close of the DEIR public comment period, to receive an update on the status of the Planning Commission's processing of the North Valencia No. 2 Specific Plan and entitlements and North Valencia 2 Annexation project. p. The Planning Commission held duly noticed public hearings on the North Valencia 2 Annexation and North Valencia No. 2 Specific Plan and related entitlements including the prezone commencing on March 30, 1999 and continuing on April 6, April 15, April 20, April 29, May 4, May 13, May 18, June 15, June 17, June 29, July 8, July 15, July 20, 1999, August 10, 1999, September 2, 1999, September 9, 1999 and September 16, 1999. The Planning Commission closed the public hearing on September 16, 1999 and continued the item to the meetings of September 21, 1999 and September 28, 1999 for the purposes of finalizing their recommendation to the City Council. On September 28, 1999, the Planning Commission adopted a recommendation that the City Council certify the Final Environmental Impact Report and adopt an ordinance approving the requested entitlements including the prezone to the Specific Plan (SP) Zone, the North Valencia No. 2 Annexation, and the North Valencia No. 2 Specific Plan Document. q. The first City Council public hearing for the North Valencia No. 2 Specific Plan and related entitlements including the prezone and Specific Plan Document and for the North Valencia 2 Annexation was duly noticed and held on October 26, 1999. The City Council public hearing was advertised in an 1/8 page display ad in the Signal on October 5, 1999, through on-site posting 14 days prior to the hearing, and by direct first-class mail to property owners within the North Ord. No. 00 - Page 7 Valencia No. 2 Specific Plan project area and within 500 feet of the project area. Property owners within the adjacent potential North Park Annexation area and within 500 feet of the North Park Annexation also received direct first-class mailing of the public notice. r. The City Council continued the public hearings on the project to November 9, 1999, November 23, 1999 and November 30, 1999. With the exception of the public hearing on November 30, 1999, these hearings were held at or after 7:00 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. On November 30, 1999, the City Council held a special meeting beginning at 3:00 p.m. in the City Council Chambers, 23920 Valencia Blvd., Santa Clarita for the purpose of taking a site tour of the North Valencia 2 project area. This tour was open to the public. Immediately following the tour the Council closed the public hearing portion of the project and continued this item to the regularly scheduled City Council meeting of January 11, 2000 for the purposes of considering approval documents for this project. S. On January 11, 2000 at the regularly scheduled meeting, the City Council certified the Final EIR prepared for this project, approved the General Plan amendment to the Land Use Map to designate the North Valencia No. 2 area for Specific Plan (SP) land use, approved the General Plan amendment to the Circulation Element to allow modification of highway cross sections through an adopted specific plan, and approved the vesting tentative tract maps, conditional use permit, oak tree permit and hillside permit. The Council also considered the proposed development agreement deal points and directed staff and the City attorney to draft the Development Agreement for the North Valencia No. 2 Specific Plan project and schedule it for public hearing on February 8, 2000. t. On January 25, 2000, the City Council adopted the prezone to Specific Plan (SP) zone on the project site and adopted the North Valencia No. 2 Specific Plan text. U. The City Council opened a duly noticed public hearing to consider the North Valencia No. 2 Specific Plan project Development Agreement on February 8, 2000 and this item was continued to the meetings of February 22, 2000, March 14, 2000, and March 28, 2000. On March 28, 2000 the City Council held the first reading of the ordinance. All the public hearings were held at or after 6:30 p.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 finds as follows: a. At the duly noticed hearings described above, the Planning Commission considered staff and consultant presentations, staff reports, applicant presentations, and public testimony on the proposal, and the Final EIR prepared for the project, including the development agreement deal points. The Planning Commission recommended that the City Council adopt a Statement of Ord. No. 00 - Page 8 Overriding Considerations for those impacts in the project which cannot be mitigated to less than significant levels, and recommended certification of the Final EIR (Resolution No. P99-19, adopted September 28, 1999) and adoption of the project entitlements (Resolution No. P99-20, adopted September 28, 1999). The City Council has received copies of the Planning Commission recommendations. b. The City Council certified the Final Environmental Impact Report (SCH# 1998111021) and adopted a Statement of Overriding Considerations (SOC) for this project by separate resolution. The MMRP contained in the FEIR are made conditions of approval for the entitlements associated with the North Valencia No. 2 Specific Plan project, including the Development Agreement. C. The City Council opened a duly noticed public hearing to consider the North Valencia No. 2 Specific Plan project Development Agreement on February 8, 2000 and this item was continued to the meetings of February 22, 2000, March 14, 2000, and March 28, 2000. On March 28, 2000 the City Council held the first reading of the ordinance. All the public hearings were held at or after 6:30 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. d. The design of the subdivisions and the type of improvements have been determined to not cause serious public health problems by separate resolution. e. The North Valencia No. 2 Development Agreement is consistent with the General Plan and with the North Valencia No. 2 Specific Plan because it provides for the implementation of the North Valencia No. 2 Specific Plan that is determined to be consistent with the General Plan as determined through separate ordinance. The North Valencia No. 2 Specific Plan, hereby incorporated by reference as Exhibit "A", includes an analysis of General Plan Consistency between the North Valencia No. 2 Specific Plan and the General Plan for the City of Santa Clarita. £ The North Valencia No. 2 Specific Plan Development Agreement complies with the Development Code and other applicable ordinances, standards, policies, and regulations as determined though public and agency review. The Council has adopted resolutions with these findings for the Vesting Tentative Tract Maps (VTTM 44831 "A", VTTM 44831 `B" and VTTM 52667), Conditional Use Permit 98-006, Oak Tree Permit 98-020 and Hillside Review Permit 99-002. The Development Agreement provides for the implementation of these projects. g. The North Valencia No. 2 Specific Plan Development Agreement will not adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area; or be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; or jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare because the mitigation measures identified in the FEIR for the project have been made applicable through the conditions of approval for the North Valencia No.2 project entitlements. Ord. No. 00 - Page 9- h. h. The North Valencia No. 2 Specific Plan Development Agreement provides for clear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit. i. The North Valencia No. 2 Specific Plan Development Agreement includes development schedules that provide that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods. j. The North Valencia No. 2 Specific Plan Development Agreement provides that construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities and road improvements are adequate to serve the development. k. The North Valencia No. 2 Specific Plan Development Agreement supports and aids in implementation of the North Valencia No. 2 Specific Plan which allows for the prohibition of one or more uses normally listed as permitted, accessory, subject to Director's review or subject to permit in the zone where placed. The North Valencia No. 2 Specific Plan Development Agreement provides a limitation of future development and specified conditions under which further development not included in the agreement may occur. in. The North Valencia No. 2 Specific Plan Development Agreement and the various entitlements including the VTTMs include requirements for a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions and/or requirements of the agreement. However, 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. n. The North Valencia No. 2 Specific Plan Development Agreement supports and aids in implementation of the North Valencia No. 2 Specific Plan which includes the requirement of specified design criteria for the exteriors of buildings and other structures, including signs; the requirement of special yards, open spaces, buffer areas, fences and walls, landscaping, and parking facilities, including vehicular and pedestrian ingress and egress; the regulation of 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, the regulation of 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 Ord. No. 00 - Page 10 determines as follows: a. A Final EIR (SCH#1998111021), 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 certified as required by that Act. b. The Development Agreement for the North Valencia No. 2 Specific Plan area as modified by the 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 Development Agreement implements and supports the North Valencia No. 2 Specific Plan and other project entitlements. d. The applicant has substantiated the findings for a development agreement as the proposed North Valencia No. 2 Specific Plan Development Agreement is consistent with the General Plan and with the approved North Valencia No. 2 Specific Plan, complies with the development code as modified through the approved Specific Plan, and complies with other applicable ordinances, standards, policies, and regulations. The Development Agreement provides for clear and substantial public benefit to the City and residents along with a schedule for delivery of the benefits, provides that development schedules for construction of the proposed development in phases be initiated and/or completed within specified time periods, and provides that construction of public facilities required in conjunction with such development, including but not limited to, vehicular and pedestrian rights-of-way, drainage and flood control facilities, parks and other recreational facilities, sewers and sewage treatment facilities, and road improvements are adequate to serve the development. SECTION 4. The City Council hereby approves the Development Agreement 98-001 incorporated by reference as Exhibit "B" to implement the North Valencia No. 2 Specific Plan document incorporated by reference as Exhibit "A", Vesting Tentative Tract Maps 44831 "A', 44831 `B", and 52667 incorporated by reference as Exhibit "C", Oak Tree Permit 98-020, Conditional Use Permit 98-006 and Hillside Review Permit 99-002. Where specified, the Annexation and Development Agreement modifies the Conditions of Approval which are incorporated by reference as Exhibit "D" and the North Valencia Specific Plan text, with the exception of the mitigation measures in the MMRP (as part of the Final EIR). SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and certify this record to be a full, complete, and correct copy of the action taken. Ord. No. 00 - Page 11 SECTION 6. This Ordinance shall become effective at 12:01 a.m. on the thirty-first day after adoption. SECTION 7. The City Clerk shall certify as to the passage of this Ordinance and cause it to be published in the manner prescribed by law. PASSED AND APPROVED this 26th day of April 00 YAYGG�yrz 4✓ OR ATT 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. 00-5 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of March 20 00 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 25th day of April 2000 by the following vote, to wit: AYES: COUNCILMEMBERS: Ferry, Kellar, Weste, Smyth, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK LHS s:\pbs\advance\nva2\ordda Ord. No. 00 - Page 12 Exhibit A Specific Plan Text Incorporated by Reference s Ord. No. oo- Page 13 Exhibit B Annexation and Development Agreement Incorporated by Reference Ord. No. 00 - Page 14 Exhibit C Vesting Tentative Tract Maps 44831 "A", 44831 `B", and 52667 Incorporated by Reference �— Ord. No. 00 - Page 15 Exhibit D Conditions of Approval Incorporated by Reference