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HomeMy WebLinkAbout2002-06-11 - AGENDA REPORTS - PORTA BELLA SPECIAL COUNSEL (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: ' t Item to be presented by: Bob Kellar DATE: June 11, 2002 SUBJECT: PORTA BELLA SPECIAL COUNSEL DEPARTMENT: Planning and Building Services RECOMMENDED ACTION Direct staff to solicit special counsel to advise the City Council and staff on matters concerning the Porta Bella project. BACKGROUND Due to the technical and legal complexity of the Porta Bella project, special counsel is requested to assist City staff and the City Attorney's office in developing strategies regarding the various aspects of the project. At the core of the City of Santa Clarita lies the Porta Bella property. The 988.6—acre site was previously used for 80 years as a military explosives and flare manufacturing site by various companies. In January 1999, Santa Clarita, LLC assumed ownership of the Porta Bella property. Today, the site is largely vacant, and the majority of structures used for previous munitions manufacturing activities have been demolished, or stand empty and are dilapidating. Grading activities associated with the past use of the site have substantially altered portions of the site. Topography ranges from flat terrain to elevated hills and a significant ridgeline. As a result of manufacturing operations, the site requires environmental clean-up and state agency certification prior to site reuse. Directly beneath the site is the Saugus Aquifer, which is a significant water source for the Santa Clarita Valley. Since operations ceased in 1987, the clean-up of resulting soil and groundwater contamination (including perchlorate) and the elimination of associated public health hazards has been an ongoing issue. Porta Bella Entitlements & Development Agreement A future land use development plan for this property was created and considered by the City of Santa Clarita during 1993-1995. On September 12, 1995, the Porta Bella Specific Plan (and related actions) was approved by the City Council. The Porta Bella Development Agreement, a contract vesting the entitlements issued for this project for 20 years, was approved by the City Council on February 27, 1996. These documents reflect the City's approval of the Porta Bella project consisting of 2,911 residential units, 92 acres of . i `op ` ienda Item .. commercial and industrial uses, 434 acres of open space and recreational uses, and other uses. Porta Bella Specific Plan The Porta Bella Specific Plan provides a comprehensive land use plan for the Porta Bella site. This mixed-use project includes a combination of single- and multi -family residential; business park (manufacturing) and institutional facilities; active and passive recreation; and natural open space. Implementation of the Porta Bella Specific Plan would result in the development of 1,244 single-family residential units and 1,667 multi -family residential units on 385.3 acres; 96 acres of commercial and business/office park uses; 406.95 acres of open space; and 41.75 acres of recreational uses. Several major roadways are designed to extend through the site including Via Princessa, Magic Mountain Parkway, and Santa Clarita Parkway. As a condition of approval, redevelopment of the site is contingent upon the full environmental clean-up and Department of Toxic Substances Control (DTSC) certification for redevelopment of the entire 988.6 -acre site. All terms and conditions imposed by the City through the Porta Bella Specific Plan and Development Agreement are transferred to Santa Clarita LLC, the present owner, who continues to be responsible to satisfy the City's land use requirements as well as the DTSC's clean up requirements. Development Agreement The Porta Bella Development Agreement, a contract vesting the entitlements issued for this project for 20 years, was approved by the City Council on February 27, 1996. Through the Development Agreement, the City received several benefits from the developer including the grading of the future civic center site, design and construction of needed roadways, transfer of Metrolink station ownership to the City, provision of a City facility site, and a future institutional site. The City is currently conducting a development agreement compliance review. The Director of Planning and Building Services has determined that the SCLLC is in non- compliance with the development agreement and the Planning Commission on April 2, 2002 agreed with this determination. SCLLC has appealed the Planning Commission's determination and a hearing has been scheduled before the City Council on June 25, 2002. ALTERNATIVE ACTIONS Other action as determined by the Council. FISCAL IMPACT This action is expected to utilize some of the existing funds already included in the 2002/03 fiscal year budget allocated for Porta Bella legal services. JJL:lep PBS \ lambert \ portabella/legal.agendarpt.doc