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HomeMy WebLinkAboutOrdinance No. 05-O80 0 ORDINANCE NO. 05-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND AZUSA PACIFIC UNIVERSITY WHEREAS, on September 19,2005 the City Council of the City ofAzusa ("City Council") adopted the Azusa Pacific University Specific Plan SP -7, and certified the Final Environmental Impact Report, and adopting a Statement of Overriding Considerations and a Mitigation Monitoring Program, and WHEREAS, local governments are authorized by the Government Code Section 65864 et seq., to enter into development agreements with any person having legal or equitable interest in real property for the development of that property; and WHEREAS, the City and Azusa Pacific University ("APU") have negotiated the terms of a Development Agreement ("Agreement"); and WHEREAS, the Planning Commission has reviewed the terms of the Agreement, has conducted a public hearing on August 24, 2005, and believes that it will be in the best interest of the City, and in the best interest of the public, having adopted Resolution No. 2005-11 recommending approval to the City Council; and WHEREAS, the Agreement contains all the necessary elements required by Government Code Section 65864 et seq. and Chapter 88.53 of the City of Azusa Municipal Code, WHEREAS, the City Council has reviewed the proposed Agreement, conducted a duly noticed public hearing, considered the recommendation of the Planning Commission, and considered all public testimony, NOW THEREFORE, the City Council of the City of Azusa does hereby ordain as follows: SECTION 1: The Development Agreement implements the Azusa Pacific University Specific Plan, which has been found to be consistent with the General Plan of the City of Azusa. The City Council finds that the Development Agreement is therefore also consistent with the Azusa General Plan. SECTION 2: Pursuant to the California Environmental Quality Act, the State CEQA Guidelines, and the City's Local CEQA Guidelines, the City analyzed the project's potential environmental impacts in an Environmental Impact Report which was reviewed by the City Council. E SECTION 3: Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the Agreement is consistent with the General Plan of the City of Azusa and systematically implements the goals and policies of the General Plan in the following ways: A. That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment. The proposed APU Specific Plan will contribute to the following benefits: Provide high quality development that will enhance the existing APU East and West Campuses as well as surrounding neighborhoods. Contribution to the regional and local economy that include additional employment opportunities. Increased sales tax revenues from campus sales, including ticket sales from new performing arts facility. Increased sales for local businesses from faculty, staff and students. Cultural, athletic, and learning opportunities that contribute to the quality of life for the Azusa community. Community service to the City, including up to 157,000 hours of services from students, programs to support healthy families, such as the university's Child and Family Development Center and its Neighborhood Wellness Center, programs to provide educational and recreational opportunities for children, and programs to provide expert assistance from the University's faculty and staff to city and community leaders. Provide educational opportunities to local residents including undergraduate, graduate, doctoral, continuing education, and accelerated degree programs for nontraditional students and executive seminars. Additional student housing to reduce pressure on the local rental market. Adequate parking facilities to meeting parking demand for students and faculty. Open spaces and mature landscaping to provide aesthetically pleasing vistas that are welcoming to the Azusa community. B. That the proposed amendment is consistent with the goals and policies of the General Plan. The proposed Specific Plan is consistent with and implementation of the General Plan pertaining to Chapter 4 Economy and Community - Public Services Goals and Policies, Chapter 3 The Built Environment - Mobility Goals and Policies, Chapter 3 The Built Environment - Urban Form Goals and Policies, and Chapter 3 The Built Environment - Land Use Goals and Policies. C. That the proposed Specific Plan will not conflict with the provisions of the zoning ordinance, subdivision regulations, or any applicable specific plan. 0 The proposal meets all of the applicable provisions of the Development Code for the proposed District Institutional/School (IS) zoning designation. In addition, all applicable City divisions and departments have reviewed the proposal and their comments were incorporated into the Draft Azusa Pacific University Specific Plan. D. That the proposed Specific Plan will not adversely affect surrounding properties. An Environmental Impact Report with mitigation measures has been prepared. The mitigation measures serve to prevent adverse impacts on surrounding sensitive land uses, and service systems. Five subject areas were found have impacts that are significant and unavoidable: Air Quality; Cultural Resources; Noise; and Circulation and Traffic. However, a Statement of Overriding Considerations has been included apart of this submittal. SECTION 4. The Agreement will not adversely affect the orderly development of property or the preservation of property values. SECTION 5. The Agreement will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area, nor be detrimental or injurious to the general welfare of the residents of the City as a whole. SECTION 6: The City Council hereby approves the Development Agreement attached hereto as Exhibit T, and as amended by Exhibit H, Errata, dated September 15, 2005, and authorizes the Mayor to execute said Agreement on behalf of the City. SECTION 7 : This Ordinance shall be posted in accordance with provisions of the Azusa Municipal Code and shall become effective thirty (30) days from and after the date of its passage. SECTION 8: ;The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 3 day of October '2005. MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA ) 0 0 I, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. -o5- regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19 day of September 2005, by the following vote. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3 day of October , 2005, by the following vote, to wit: AYES: COUNCIL MEMBERS:HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 0 0 Exhibit H Errata Revised September 15, 2005 APU Specific Plan, December 2004 The following changes to the December 2004 Draft Azusa Pacific Specific Plan SP -7 ("Specific Plan") and related documents include those revisions/corrections recommended by the Economic and Community Development staff and the Planning Commission. The Specific Plan will also be changed to correct non -substantive typographical errors and incorrect cross-references. Additional changes recommended by the staff on September 15, 2005: DA. (Development Agreement) Typo�sanhical errors and incorrect references: Section 1.1.26 — Typo: delete letter "g." Section 1.9 — Incorrect reference: change reference to 1.12 to 1.8. Section 2.7 — Typo: word "of' in the title to the section should be revised to be "or." Section 2.8 — Incorrect reference: change "3.7 below" to "2.7 above. Revised proposal concerning the Fiscal Impact Fee: Section 2.15.1 Owner agrees to pay to the City of Azusa, beginning with the first utility billing cycle that occurs on or after the Effective Date of this Agreement, a Fiscal Impact Fee calculated as follows: [USE EXISTING TEXT] Add as subparagraph at the end of existing text: Notwithstandine anvthine herein to the contrary, includine the Term of this Agreement, Owner agrees to continue making the Fiscal Impact fee payment to the City of Azusa for so long as the City's existing Utility Users Tax, as set forth in the City's Municipal Code as of the Effective Date of this Aereement, remains in effect unless any of the following events occur: a) the City Council and its voters amend the UUT so as to require payment by all non -profits in the City; b) Owner and Citv agree to perform a fiscal impact analvsis of sales taxes and/or property taxes generated as a direct result of Owner's Project and the result of said analysis demonstrates that such tax revenue received by the City exceeds the total sum of the Fiscal Impact Fee payments made to the City in the City's previous Fiscal Year. The fiscal impact analysis contemplated by this subsection shall not be performed prior to nineteen (19) years from the Effective Date of the Agreement. PAI Planning\EntitlementslSP7_APU1Er to Sheet091505final.doc Exhibit H, Errata • • Revised September 15, 2005 Page 2 of 9 This subsection shall continue in effect oast the Effective Date of the Agreement. Further clarification of APU scholarships to AUSD graduates: Section 2.15.1 Owner agrees that for so long as this Agreement remains in effect, Owner shall seek to identify Azusa Unified School District (AVSD) high school graduates who are eligible for admission to Azusa Pacific University (APU). Among those AUSD students who accent admittance to APU Owner shall award such students of its choice four-year, $20,000, scholarships to be distributed at $5,000 each year over a four-year period. In each and every year, Owner agrees that no less than five students shall be receiving a $5,000 scholarship, provided, however, that Owner's obligation to fund such scholarships shall not apply where there are less than five eligible AUSD students enrolled at APU. DA. Section 2.13. Timing of Development. Add the following: "Notwithstanding anything to the contrary, Owner acknowledges that phased development of housing and parking shall be done in a manner that provides for adequate parking and traffic control, and to that end such improvements may be required by the City before certificates of occupancy are issued for such housing." SP. Add the following language in order to avoid an inconsistency between the Specific Plan and the 1999 DDA for the "Krems" property: "This site is subiect to a 1999 Disposition and Development Agreement (DDA) covering the former "Krems Property" portion of the West Campus. The DDA requires the development plan completion before June 2010. Final development approval shall be consistent with the DDA. SP. Page 47, last column. Second bullet point under 4.5.6.1 is deleted as it currently reads and is replaced with the following: "APU furnishes and installs or pays AL&W the actual cost of 12kV lines needed to meet the additional loads created by this Specific Plan whether located on or off campus. The work will be done per AL&W specifications and includes cables and under -ground substructures." Add fifth bullet point to read: "All electric utility work and requirements will be based on AL&W tariff rules and regulations as amended from time to time." Additional changes recommended by the Planning Commission on August 24, 2005: DA. Add the following sentence to Sec 2.14 of the Development Agreement: Underline = added text; Striketftrexgh = deleted text; Bold = most recent edit Exhibit H, Errata • • Revised September 15, 2005 Page 3 of 9 Section 2.14 Public Works. Owner is required by this Agreement to construct certain public work facilities which will be dedicated to the City or other public agencies upon completion. Unless required by law to do so, Owner shall not be required to perform work in the same manner and subject to the same requirements as would be applicable to the City or such other public agency should it have undertaken such construction, including, without limitation, the payment of prevailing wages pursuant to Labor Code Section 1770 et. seq. The City reserves the right to pre -qualify contractors selected by Owner to construct certain public work facilities. Additional changes recommended by the staff on August 24, 2005: DA. Amend the following sections of the Development Agreement: 1.8. This Agreement may be amended by mutual consent of the Parties in writing, in accordance with the provisions of Government Code Section 65868, provided that: aay maior amendments which relates to the term, permitted uses, density, intensity of use, height and size of proposed buildings, or provisions for reservation and dedication of land shall require a public hearing before the Parties may execute an amendment. 1.15 Owner and any Transferee shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the Planning Commission Citi Couneil and, if the matter is referred or appealed to the City Council Planning Commission, before said Council Commission. Changes recommended by the Planning Commission on July 13, 2005: SP. Edit the document to modify staff's recommendation related to the description of the building at Stein/Foothill as follows: "The building proposed for the northeast comer of Stein Lane & Foothill Boulevard is a 40,000 sq. ft. 3 -story structure to accommodate university and university tenants, providing space for community oriented commercial/retail services to both the student population and the surrounding community. No more than 40% of the retail floor area shall be fast food. "".. the goal of the City to pFoAde appro"mately 20,000 square feet of eammunity SeFvin retail floor area, a minimum of 6,500 square feet of this building shall be oeeupie by retail uses. The pr-eeise amount of retail spnee eonstFueted shall be detef!MiBed -by the Mr-eetor based on- on retan-il mnrdwet analysis eondueted piior- to submitting plans- for- Design Review approval.The Retail Magmt Analysis will determine the exteB to whieh eommunity oriented retail uses ean be suppot4ed at this loestion. Sai and the Gi",. The eonsultuBt's woFk shall be managed by the City and paid for b TSV♦♦ DDiiTT . • Page 54, label the Stein/Foothill comer "Academic/Community Oriented Retail. Add column, Community Oriented Retail with the following uses allowed with a Minor Use Permit: bookstore, coffee/juice, ice cream, photocopy/graphics, clothing, Underline = added text; StFikethreugh = deleted text; Bold = most recent edit Exhibit H, Errata • • Revised September 15, 2005 Page 4 of 9 electronics/computers, and food. No more than 40% of the floor area shall be fast food. Changes recommended by staff as of July 13, 2005: EIR-PC Reso. p. 27, last line: replace "SFS" with "Student Financial Services" EIR-PC_Reso. p. 30, Revise T-2 to read as follows: "The parking requirement for APU in fiscal year 2022-2023 based on the City of Azusa parking code is 3,088 spaces. The parking plan in the APU Specific Plan provides a total of 4,657 spaces. Of these 2,767 will be on the East Campus and 1,890 will be on the West Campus. This parking plan would result in a surplus supply of over 1,500 spaces over the projected requirement. The university is prepared to construct sufficient parking supply to ensure that upon completion of the planned development the total number of parking spaces exceeds the city requirement of 3,088 up to a total of 4,657 spaces. (Ibid.) EIR-PC_Reso. p. 30, Delete T-4 because that mitigation is already in place. EIR-PC_Reso. p. 30, Revise the first sentence of T-5 by inserting "left -turn" after the word "eastbound". EIR-PC_Reso. p. 30, Revise the first sentence of T-6 by inserting "left -turn" after the word "southbound". EIR-PC_Reso. p. 31, Revise the first sentence of T-10 by inserting "left -tum" after the word "northbound". EIR-PC_Reso. p. 31, Revise the first sentence of T-13 by inserting "left -tum" in two places: after the word "northbound" and after the word "southbound". EIR-Reso. p. 32, fourth paragraph: replace the figure "4,855' with "4,657'. EIR-Reso. p. 38, last line: replace "SFS" with "Student Financial Services". EIR-Reso. p. 40, line 3: replace the sum 350,000" with the sum "$25,000". FEIR . Add text to explains the deletion of mitigations T-4, T-11 and T-15. The revised traffic mitigation summary prepared by Kaku Associates and dated June 10, 2005 states: "Although the study had previously identified impacts at these intersections, intersection 19 (Alameda Avenue & Foothill Boulevard) would continue to operate at an acceptable level of service (LOS D) after the addition of project -generated traffic. At intersection 27 (Citrus Avenue and I-210 EB Off -Ramp), the intersection, which currently operates at an unacceptable LOS E, would continue to operate at LOS E with the project traffic causing an increase of 0.017 in the V/C ratio." Underline = added text; &Fikethfo = deleted text; Bold = most recent edit Exhibit H, Errata • • Revised September 15, 2005 Page 5 of 9 MMP. The Mitigation Monitoring Program should be modified consistent with the referenced changes to the EIR Resolution. For example, the number of parking spaces on page 1 of the Mitigation Monitoring Program is incorrect and the traffic mitigations on pages 2-5 need to be modified by adding the term "left -tum" as noted above. Also, the triggers for traffic mitigations are as follows: 4.2-3: When new entrance is built 4.2-5: Issuance of building permit for first parking structure on either campus. 4.2-6, 4.2-7, 4.2-8: When Foothill Shopping Center is re -developed 4.2-9: When new interior road is constructed 4.2-10, 4.2-12, 4.2-13, 4.2-14: When first dorm building is built on West Campus Changes recommended by staff as of July 6, 2005: SP. Page 60. Development Standards. 5.7.3 Parking. Add: "The parking mans eg ment plan for Azusa Pacific University includes a parking requirement analysis for the campus reflecting projected increases in students and staff/faculty through Year 2022-23. The parking requirement for APU in Year 2022-23 based on the City of Azusa Development Code is 3,088 spaces. The parking management plan also includes a description of the future parking plan for the campus as part of the Azusa Pacific University Specific Plan. The parking plan provides a total supply of 4,657 spaces, 2,767 on the east campus and 1,890 spaces on the west campus. It can be seen the proposed campus parking supply of 4,657 spaces would result in a surplus supply of over 1,500 spaces over the projected requirement. The university is prepared to construct sufficient parking supply to ensure that the total number of spaces exceeds the city requirement of 3.088 up to a total of 4,657 spaces." SP. Page 97. Implementation Plan. 7.6.3 Phasing of Parking Facilities. Add: "The parking management plan for Azusa Pacific University includes a parking requirement analysis for the campus reflecting projected increases in students and staff/faculty through Yeaz 2022-23. The parking requirement for APU in Year 2022-23 based on the City of Azusa Development Code is 3,088 spaces. The parking management plan also includes a description of the future parking plan for the campus as part of the Azusa Pacific University Specific Plan. The parking plan provides a total supply of 4,657 spaces, 2,767 on the east campus and 1,890 spaces on the west campus. It can be seen the proposed campus parking supply of 4,657 spaces would result in a surplus supply of over 1,500 spaces over the projected requirement. The university is prepared to construct sufficient parking supply to ensure that the total number of spaces exceeds the city requirement of 3,088 up to a total of 4,657 spaces." SP. (Global edit): • Change "Community Development Director" to "Economic and Community Development Director" SP. (Global edit): Underline = added text; Striketlrrea= deleted text; Bold = most recent edit Exhibit H, Errata • • Revised September 15, 2005 Page 6 of 9 • Change "Community Development Department" to "Economic and Community Development Department' SP. (Global edit): • Change "Precise Plan of Design" to "Design Review" SP. Page 3, Table IA, Delete line labeled "Parking Ratio." APU is using the City of Azusa Development Code parking requirements. SP. Page 27, fourth column, Delete second bullet point: "l-210 Westbound Off -Ramp and Baseline Road (AM & PM) SP. Page 28, First Column Delete fourth bullet point: "Alameda Avenue and Foothill Boulevard (PM Only) Delete eight bullet point: "Citrus Avenue and I-210 Eastbound Off -Ramp (AM Only) Delete entire paragraph of tenth bullet point referring to I-210 WB Off -Ramp and Baseline Road. SP. Page 28, Third Column Delete entire paragraph of second bullet point referring to Alameda Avenue and Foothill Boulevard. Delete entire paragraph of sixth bullet point referring to Citrus Avenue and I-210 EB Off - Ramp. SP. Page 29, 4.3.6, third column, fust paragraph Add: "The far east entrance/exit just west of Palm Drive will remain open to provide access to the parking garage just to the west of this drive and for fire department access to the northern buildings on the west campus. Access to the West Campus may require shared usage with future roadway design proposed for Palm Drive. Future access concepts will be jointly reviewed by APU and Rosedale representatives and in context with accepted traffic engineering criteria." Page 53, 5. 1, second column, middle of first paragraph Delete: The Standards in this Section are mandatory, adopted as an ordinance by the City of Azusa, whereas the Design Guidelines in Section 6 are advisory. Replace with: This Specific Plan will be adopted as an ordinance by the City of Azusa making the Design Guidelines and Development Standards mandatory. SP. Edit the document to include a description of the building at Stein/Foothill as follows: The design of the building shall provide entrances and storefront display oriented to the street to contribute to an attractive and inviting street environment. This building is to be included in Phase III or earlier." Underline = added text; ethreugh = deleted text; Bold = most recent edit Exhibit H, Errata 0 • Revised September 15, 2005 Page 7 of 9 • Page 3, last column, 3rd paragraph, line 9, "... would eventually accommodate administrative uses, community oriented retail uses, classrooms, ..." • Page 20, Objectives for Community Connection, last column, last bullet, "fostering opportunities for joint usage, such as community oriented retail uses on campus". • Page 23, 4.2.2. add a note that community oriented retail is allowed at the corner of Stein/Foothill. • Page 24, Amend Exhibit 4A, Land Use Diagram - West and East Campus. In the West Campus diagram, the land use "bubble" at the corner of Stein Lane and Foothill Boulevard should include community oriented retail uses. • Page 41, Exhibit 4P, label building W35 Academic/Community Oriented Retail • Page 49, Building W35 should be shown as Academic/Retail • Page 53, 5.2.1 Land Use Categories. Add Community Oriented Retail • Page 54, label the Stein/Foothill comer "Academic/Community Oriented Retail. Add column, Community Oriented Retail with the following uses allowed with a Minor Use Permit: bookstore, coffee/juice, ice cream, clothing, electronics/computers, and food. No more than 40% of the floor area shall be fast food. • Page 57. 5.3.4, first column, last paragraph, " ... Development Code shall not apply. However, the community oriented retail building at the comer of Stein/Foothill shall be outward oriented with the following characteristics: o The storefronts must face Foothill Boulevard. (and possibly Stein Lane) - not away from the street. o The comer of Stein/Footbill cannot be fenced in the way other campus buildings are allowed to in the Specific Plan. o Surface parking cannot be located between the public sidewalk and the storefronts. o The front (Foothill Blvd.) setback area shall be designed as a pedestrian space containing amenities such as outdoor seating, landscaping, decorative paving, public art, or water features. o Parking for the customers of the retail uses shall be provided to the rear (north) of the building, • Page 67, Design Guidelines, add guidelines for retail: "The community oriented retail building at Stein/Foothill will be designed to enhance and reflect he surrounding community in concept, character and scale. The design shall provide entrances and storefront display oriented to the street to contribute to an attractive and inviting street environment." • Page 68. Building Setback and Orientation. First column, add a bullet requiring street orientation for buildings with Community Oriented Retail uses (Stein/Foothill). • Page 70, 6.2.2 Academic/Administrative Design Guidelines, Make specific reference to the building at Stein/Foothill. • Page 89. Exhibit 6L, Specialty Lighting Zones, add note #3 (Special Use) to comer of Stein/Foothill. Underline = added text; Strikethreagh = deleted text; Bold = most recent edit Exhibit H, Errata • • Revised September 15, 2005 Page 8 of 9 SP. Edit the document to reflect the retention of the marquee sign and the eastern wing of the Faculty Quad building: • Page 24, 4.2.3 Cultural Resources. Add the following text in place of the existing text: "APU acknowledges that some members of the Azusa community value the marquee of the former Foothill Drive -In Theater. As part of its Specific Plan, the University has agreed to maintain the marquee in its current location and spend up to $50,000 to reconstruct the sign. APU will also cooperate with the Azusa Historical Society in raising any additional funds necessary to reconstruct and maintain the marquee. In addition, the University will retain and relocate the eastern wing of the Faculty Quad building on campus. According to the city's historical resources consultants, this wing was likely a small residence build on the property circa 1910." • Page 62. 5.10 Signage, second column, first bullet, add language allowing the retention of the existing Foothill Drive-in marquee sign. The standard should identify that the sign will be used for university and city announcements, with no advertising of commercial entities/products. • Page 64. Same as above. • Page 86. Exhibit 6K, show the marquee sign on this illustration. • Page 92. 6.9.1 Signage Types. Describe the Drive-in marquee sign as an existing sign that will be retained. • Page 93. 6.9.2, Signage Locations, last column, last bullet, Identify the marquee sign under Specialty Signs. • Page 96. 7.5 Implementation, last column, last paragraph, correct typo — 4.3.3 should be 4.2.3 - and substitute text regarding the retention of the marquee sign. - SP. 4.5.2 Drainage • Page 33, Exhibit 4I, label "University Avenue" on the exhibit. SP. 4.5.3 Water Supply • Page 37, Exhibit 4M, label "University Avenue" and "Campus Lane" on the exhibit. SP. Water System • Page 40. Exhibit 40, Existing Water System — West Campus, should be labeled "Existing Sewer System — West Campus" SP. 5.3.3 Massing • Page 56, last column, last paragraph, "5.4" should be "5.3.2" SP. 5.7.3 Parking • Page 60, column 3, first paragraph, Exhibit 4E should be 4F. SP. 7.3 Review of Subsequent Development Applications. • Page 96. Update all prior Code references — i.e. Division 13, Chapter 88, Article III, Division 12 and 13, etc. — with new Development Code sections. Underline = added text; St&etlrreugh = deleted text; Bold = most recent edit Exhibit H, Errata • • Revised September 15, 2005 Page 9 of 9 • Page 96. 7.3.1 Development Projects Requiring Approval. Second column, first paragraph. Delete first sentence. "Applications will be reviewed by the Develepment Review Beam Director in accordance ..." SP. 7.5 Implementation Add: "The University will maintain a single integrated campus wide emergency management plan. This plan will meet the requirements of Development Code Section 88.30.030 (D)" Underline = added text; S4r-ikethro = deleted text; Bold = most recent edit