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Home My WebLink About2002-06-25 - AGENDA REPORTS - SC LLC BERMITE COMPLIANCE (2)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING DATE: June 25, 2002 City Manager Approval Item to be presented by: denrev i amoerc 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 open the public hearing and continue the hearing to the October 22, 2002, City Council meeting. 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 Porta 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. Agenda Item: Continued 1o: 0,2-A02-- 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 Porta 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 Porta Bella Development Agreement, SCLLC has 120 days from April 2, 2002, to come into compliance with the Development Agreement. Since the April 2' 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. It was agreed by the Commission that staff will continue to bring monthly status reports to the Planning Commission on SCLLC's progress. 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 tonight's City Council meeting and noticed accordingly. It is recommended the Council continue the public hearing on this matter to the October 22, 2002, City Council meeting. ALTERNATIVE ACTIONS Other actions as determined by the City Council FISCAL IMPACTS No fiscal impacts are anticipated by the recommendation listed in this report. JJL:LMH S: \ pbs \ advance \ ptabla \ cc62502arl.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, 1" 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 this matter at the aforementioned Public Hearing. Further information may be obtained by contacting the Department of Planning and Building Services, 23920 Valencia Boulevard, 3' Floor, 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 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 June 25, 2002, continued a public hearing on 18. APPEAL OF THE PLANNING COMMISSION'S ADOPTION OF RESOLUTION NO. 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 - At the April 2, 2002 Planning Commission meeting, the Commission adopted Resolution No. 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. On May 2, 2002, Santa Clarita, LLC submitted a letter to the City, appealing the Planning Commission's adoption of Resolution No. P02-12. In their letter, Santa Clarita, LLC states, "We believe we are compliant with our Development Agreement in the four areas particularized by the Planning Commission." to October 22, 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 26' day of June, 2002. �), � 6R SHARON L. DAWSON, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. AFFIDAVIT OF POSTING CITY OF SANTA CLARITA ) I, 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 June 26, 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 PublicHearings/CONTPH. doc ► 01 People for Environmentally Responsible Cleanup, Inc, 23648 Latana Court . Santa Clarfta, CA 91355 April 10, 2002 City Clerk City Council Members City of Santa Clarita 23920 Valencia Boulevard Suite 300 v Santa Clarita, CA 91356 RE: Development Agreement Compliance Hearing Whittaker Corporation - Santa Clarita LLC - Bermite Recovery LLC Decision of Planning Commission as to Cures of Breaches Ladies and Gentlemen: Enclosed please find a check in the sum of $1,415, representing the funds of PERC - People for Environmentally Responsible Cleanup, Inc., in payment of the fee for PERC's appeal of the decision and inaction of the Planning Commission of the City of Santa Clarita, on April 2, 2002, concerning (1) the terms required for cure of breaches of the Porta Bella Development Agreement by Santa Clarita LLC, (2) the terms required for cure of breaches of the Porta Bella Development Agreement by Berrnite Recovery LLC, and (3) the Planning Commission's failure to act in any express manner to require cure of the breaches of the Porta Bella Development Agreement by Whittaker Corporation as successor by merger to Whittaker Porta Bella Development, Inc. Kindly schedule a hearing of the City Council to consider this appeal, and advise us, in writing, of the date and time of that appeal hearing. Sincerely, PERC - People for Environmentally Responsible Cleanup, Inc. By: & n , I d o ' Donnel retary enc.