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Home My WebLink About2002-10-22 - AGENDA REPORTS - BERMITE PORTA BELLA COMPLIANCE (2)CITY OF SANTA CLARITA AGENDAREPORT City Manager Approv Item to be presented by: Jeffrey Lamtbe PUBLIC HEARING DATE: October 22, 2002 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S ADOPTION OF RESOLUTION P02-12, FINDING THAT SANTA CLARITA, LLC AND BERMITE RECOVERY, LLC HAVE NOT COMPLIED IN GOOD FAITH WITH THE TERMS OF THE PORTA BELLA DEVELOPMENT AGREEMENT DEPARTMENT: Department of Planning and Building Services RECOMMENDED ACTION City Council continue the public hearing which was opened June 25, 2002, to November 26, 2002. BACKGROUND In February 1996, the Porta Bella Development Agreement (the "Agreement") was approved by the Santa Clarita City Council in connection with the proposed development of the 988.6 -acre Porta Bella project site. At the time this Development Agreement was signed, Whittaker Ports. Bella, Inc. was the property owner. In January, 1999, ownership of the Porta Bella property transferred to Santa Clarita, LLC ("SCLLC"), led by its managing member Remediation Financial, Inc. ("RFI"). Subsequently, an approximate 10 acre (more or less) parcel was acquired by Bermite Recovery, LLC ("Bermite"). At its regular meeting of September 25, 2001, the Santa Clarita City Council directed City staff to initiate a compliance review of the Agreement in accordance with Section 6(b)(x) of the Agreement. On October 3, 2001, (for SCLLC) and October 25, 2001 (for Bermite), the City provided written notice of the City's initiation of the compliance process. The City's Director of Planning and Building Services performed a review of the Agreement and the performance of SCLLC and Bermite under the terms of the Agreement. The Director concluded that SCLLC and Bermite have not complied in good faith with the terms of the Agreement. Continued Agenda Item:- On March 14, 2002, the Planning Commission conducted a public hearing to determine whether Santa Clarita, LLC and Bermite Recovery, LLC have complied in good faith with the provisions of the Ports. Bella Development Agreement. Following consideration of the staff report and written materials submitted by the public and by SCLLC, a staff presentation, a presentation from SCLLC, and public testimony, the Commission found that SCLLC and Bermite Recovery, LLC are noncompliant with four provisions of the Porta Bella Development Agreement, as had been outlined by the City's Director of Planning & Building Services. At the April 2, 2002, Planning Commission meeting, the Commission adopted Resolution P02-12 finding that Santa Clarita, LLC and Bermite Recovery, LLC have not complied in good faith with the provisions of the Porta Bella Development Agreement. The Commission provided direction to staff on possible actions to be used as remedies for each of the four areas of noncompliance, which were incorporated into the resolution. Per the terms of the Ports. Bella Development Agreement, SCLLC had 120 days from April 2, 2002, to come into compliance with the Development Agreement. Since the April 2 n1 meeting, the Planning Commission has received two status reports (May 7, 2002 and June 18, 2002) on SCLLC'S progress with implementing the remedies specified in the resolution. On May 2, 2002, SCLLC submitted a letter to the City of Santa Clarita appealing the Planning Commission's adoption of Resolution P02-12. In their letter, SCLLC states, "We believe we are compliant with our Development Agreement in the four areas particularized by the Planning Commission." A public hearing to consider SCLLC's appeal of the Planning Commission's decision was originally scheduled for the June 25, 2002, City Council meeting and noticed accordingly. This item was continued from the June 25"' meeting to October 22, 2002. On September 20, 2002 RFI submitted a letter requesting a further continuance of this hearing. It is recommended the Council continue the public hearing on this matter to November 26, 2002. ALTERNATIVE ACTIONS Other actions as determined by the City Council FISCAL IMPACTS No fiscal impacts are anticipated by the recommendation listed in this report. ATTACHMENT Letter dated September 20, 2002 from RFI. JJL:LMH:Iep S: \ pbs \ adv=m \ ptabla \ ccar102202.doc CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN - A Public Hearing will be held by the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Boulevard, V Floor, Santa Clarita, California on the 25' day of June, 2002, at or after 6:00 p.m. to consider an appeal of the Planning Commission�s determination that Santa Clarita, LLC and Bermite Recovery, LLC have not complied in good faith with the terms of the Porta Bella Development Agreement. In accordance with the Section 6(b)(x) of the Porta Bella Development Agreement, a compliance review was initiated in Fall 2001 and a public hearing before the Planning Commission was held on March 14, 2002, to inform the Commission of the Director of Planning & Building Service's findings of noncompliance and to consider other evidence. Thereafter, at its meeting on April 2, 2002,the Commission adopted Resolution P02-12 finding that Santa Clarita, LLC and Bermite Recovery, LLC have not complied in good faith with four provisions of the Porta Bella Development Agreement. Santa Clarita, LLC and Bermite Recovery, LLC have 120 days from April 2, 2002, to remedy the areas of noncompliance. Proponents, opponents, and any interested persons may appear and be heard on t1-1is matter at the aforementioned Public Hearing. Further information may be obtained by contacting the Department of Planning and Building Services, 23920 Valencia Boulevard, 3' Moor, Santa Clarita, CA 91355, (661) 255-4330 — Lisa Hardy, Project Planner. If you wish to challenge this action in court, you may be limited to raising only those issues'you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the Public Hearing. Dated: May 21, 2002 Sharon L. Dawson, CMC City Clerk Publish Date: June 1, 2002 .QP_1V_V& UU - I I 011i riUUMUCL11AHUR rINANUIAL INC, +602-238-9017 T-304 P-02/02 F-453 September 20, 2002 Carl K. Newton, Esquire BLMKE, WILLIAMS & SORENSEN 611 West 6th Street Suite 2500 Los Angeles, California 90017 Re: Appeal of Planning Commission Findings of Non -Compliance Dear Carl: After recent discussions witb Jeff Lambert and Lisa Hardy, we believe it would be appropriate for the City and us to delay a hearing on our appeal ofthe Planning Commission's findings of non-compliance under our Development Agreement. The matter is currently calendared with Council for October 22, 2002. The Development Agreement provides for Council to act upon the findings, ... within such additional period as may be agreed upon by the Developer and the City." TberefoTe, we would be willing to agree to a continuation of the matter to some later date for review and action by Council, Please let me know what your recommendation to City Council will be as to the continuation and re -scheduling of a hearing on our appeal, Thank you. Sincerely, SANTA CLARITA, L.L,C., By: Romediation Financial, Inc., Managing Member By: Wayne G. Souza General Counsel Remediation Financial, Inc. cc: Ken Pu1srarnp, Acting City Manager Jeff Lambert, Director of Planning and Building Services Myla D. Bobrow, President & CEO, Remediation Financial, Inc, Gary Brown, Director of Development, Remediation Financial, Inc, Linda Morris, Paralegai. Remediation Financial, Inc. REMPMATION FINANCIAL,l NC. Great Anterican Tower 3200 JVorth Contral A yeaue, Salle 100 Phoetsix, Arizond 85012 602 238 9007 voice 602 238 9017 fox NOTICE OF CONTINUED PUBLIC HEARING CITY OF SANTA CLARITA CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita, at its regular meeting held October 22, 2002, continued a public hearing on 17. "PEAL OF THE PLANNING COMMSSION'S ADOPTION OF RESOLUTION P02-12, FINDING THAT SANTA CLARITA, LLC AND BERAHTE RECOVERY, LLC HAVE NOT COMPLIED IN GOOD FAITH WITH THE TERMS OF THE PORTA BELLA DEVELOPMENT AGREEMENT - In a letter dated May 2, 2002, Santa Clarita LLC appealed to City Council the Planning Commission's determination that Santa Clarita, LLC and Bermite Recovery, LLC have not complied in good faith with the terms of the Porta Bella Development Agreement. The public hearing was originally opened on June 25, 2002 and continued to October 22,2002. to November 26, 2002. The continued public hearing will be held at or after 6:00 p.m. in the Council Chamber at 23920 Valencia Blvd., Santa Clarita, California. Dated this 23dday of October, 2002. -V-1" �R (I� SHARON L. DAWSON, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. AFFIDAVIT OF POSTING CITY OF SANTA CLARITA 1, 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 on October 23, 2002, she caused the above notice to be posted at the door of the Council Chamber located at 23920 Valencia Blvd., Santa Clarita, California. SHARON L. DAWSON, CITY CLERK Santa Clarita, California PubhcHearings/CONTPH.doc