HomeMy WebLinkAboutOrdinance No. 11-O8ORDINANCE NO. 11-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING THE AZUSA PACIFIC UNIVERSITY SPECIFIC PLAN SP-
A AMENDMENT NO. 1
WHEREAS, the City of Azusa City Council approved the Azusa Pacific University
Specific Plan SP -7 ("Specific Plan") on September 19,2005; and
WHEREAS, in 2007, APU purchased the existing 14.24 acre Crestview Apartments
complex for additional student housing; and
WHEREAS, on May 18, 2007, the City of Azusa entered into a Tax and Equity Fiscal
Responsibility Act (TEFRA) agreement with APU, requiring APU to amend their Specific Plan
to include the Crestview Apartments into the Specific Plan as student housing; and
WHEREAS, Section 7.8.2 - Specific Plan Amendments and Minor Modifications,
Formal Amendments - of Specific Plan SP -7 requires the Planning Commission and City
Council to review all formal Specific Plan amendments for approval; and
WHEREAS, on March 16, 2011, the Planning Commission of the City of Azusa
("Planning Commission") conducted a noticed public hearing on the proposed amendment to the
Specific Plan at which time all persons wishing to testify in connection with the amendment to
the Specific Plan were heard and the amendment was fully studied, discussed and deliberated;
and
WHEREAS, the Planning Commission carefully considered all pertinent testimony and
the staff report presented during the public hearing for the amendment to the Specific Plan and
adopted Resolution No. 2011-06 recommending that the City Council approve the proposed
amendment to the Specific Plan; and
WHEREAS, on May 16, 2011, the City Council conducted a duly noticed public hearing
on the proposed amendment to the Specific Plan at which time allpersons wishing to testify in
connection with the amendment to the Specific Plan were heard, and the proposed amendment
and public testimony were fully studied, discussed, and deliberated; and
WHEREAS, the City Council wishes to adopt the proposed amendment to the Specific
Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. CEOA. Pursuant to the California Environmental Quality Act, a Draft
Program Environmental Impact Report (State Clearinghouse Number 2002121092) was prepared
for the APU Development Agreement/Specific Plan and circulated for public review between
December 3, 2004 and January 16, 2005. The Final EIR was certified by the Azusa City Council
on September 19, 2005. The proposed Development Agreement/Specific Plan is in compliance
with the requirements of the California Environmental Quality Act (Public Resources Code
C:\Documents and Settings\azusauser\Desktop nal APU SP Amendment No. IOrdmance.doc
Section 21000 et seq.), because the proposed Development Agreement/Specific Plan is within
the scope of the EIR analysis and does not create any impacts not otherwise analyzed within the
EIR. Pursuant to Public Resources Code Section 15162, the City Council has received no
evidence indicating that any of the criteria listed therein are satisfied, and therefore subsequent
environmental review is not required. A copy of the documents are on file and available for
public review at Azusa City Hall, 213 E. Foothill Blvd., Azusa, CA 91702.
SECTION 2. Specific Plan Findings. Based on the entire record before the City
Council and all written and oral evidence presented to the City Council, the City Council finds
that Specific Plan SP -7 Amendment No. 1 is consistent with the required criteria of Section 7.8.2
— Formal Amendments, of the APU Specific Plan as follows:
1. Demonstrate that the proposed amendment meets the goals and objectives of the Specific
Plan and General Plan.
The goal of the APU Specific Plan is to provide for aesthetic, cohesive, and quality
campus development through a comprehensive development plan, development standards
and design guidelines. The proposed Specific Plan Amendment revises the development
plan to reflect the inclusion of the Crestview Apartments and revises Section 6.3
Landscape Design Guidelines, making the development plan as comprehensive as
possible at this time. The proposed amendment is also consistent with the General Plan
in that the addition of the residential property at 801 E. Alosta Avenue to the APU
Specific Plan will not change the underlying residential use of the property, which meets
General Plan Land Use Goal #1 - providing for an integrated mix of residential and other
uses in the City.
2. Ensure that any impacts from the amendment can be satisfactorily mitigated.
The proposed amendment could negatively impact the City by removing a tax -generating
property from the tax roles. This negative effect is mitigated through an existing Tax
Equity and Financial Responsibility Act (TEFRA) agreement which requires APU to pay
the City an impact fee equal to the property taxes and fees the City would receive if a
non -tax exempt taxpayer owned the Crestview Apartments.
In addition, the Redevelopment Department has identified 64 low/moderate income
housing units at the Crestview Apartments that would be lost when APU changes the
apartment building to student housing. To mitigate this loss, the TEFRA Agreement
requires APU to provide 64 low/moderate income housing units owned or master -leased
by APU within the City of Azusa until July 15, 2015.
3. Provide a strikeout/underline copy of the Specific Plan text when changes are proposed
and update any Specific Plan exhibits affected by the proposed amendment.
The applicant has provided a copy of the proposed Specific Plan text and exhibit changes.
A complete, revised Specific Plan document will be produced if the amendment is
approved.
4. Update any Specific Plan technical studies and/or provide additional environmental
studies deemed necessary by the Economic and Community Development Director
and/or Planning Commission.
The applicant has provided a traffic impact assessment of the proposed Crestview
Apartment inclusion into the APU Specific Plan. The Crestview Apartment complex has
approximately 480 dwelling units, with 355 occupants being students. The amount of
persons living at the apartment complex is anticipated to increase to 960 student
occupants, based on an estimate of two beds per unit. The current student occupants are
expected to remain, with the additional 600 student occupants being drawn from those
students currently commuting, those students already living in nearby university housing
or new enrollment.
Any additional traffic impact is assessed based on the increased amount of students to be
housed and how they previously impacted traffic patterns. Any new student occupants of
the apartments, who currently reside either on -campus or near campus, will not generate
any additional traffic or parking demands. Any new student occupants, who previously
commuted to the University, will reduce or eliminate their trips, which will therefore
reduce traffic and parking demand. The traffic and parking impact of existing and new
students was included in the Environmental Impact Report (EIR) for the APU Specific
Plan project and is therefore not included in the Crestview Apartments traffic impact
assessment. The assessment concludes, and the City Engineer agrees, that the inclusion
of the Crestview Apartments in the APU Specific Plan would not increase traffic or
parking impacts on the surrounding street system.
SECTION 3. Development Code Findings.—Based on the entire record before the City
Council and all written and oral evidence presented to the City Council, the City Council finds
that Specific Plan SP -7 Amendment No. 1 is consistent with the findings required to be made by
section 88.51.070(E) of the Azusa Development Code as follows:
1. The proposed amendment to the specific plan is consistent with the goals, policies,
and objectives of the general plan and any applicable specific plan, development
agreement, owner participation agreement or disposition and development agreement.
The proposed amendment to the specific plan is consistent with the General Plan, the
APU Specific Plan and the existing Development Agreement. The addition of the
residential property at 801 E. Alosta Avenue to the APU Specific Plan will not
change the underlying residential use of the property, which meets General Plan Land
Use Goal #1 - providing for an integrated mix of residential and other uses in the
City. In addition, the proposed amendment is also consistent with the Specific Plan
SP7-APU as the Specific Plan sets forth a vision for the campus which calls for 70%
of the undergraduate population to be accommodated in University -sponsored
housing.. The additional housing in the Crestview Apartments will help meet this
goal. The amendment to the specific plan is also consistent with the APU Specific
Plan Development Agreement in that Section 1.8 of the Development Agreement
states that the development agreement may be amended by mutual consent, provided
that a major amendment which relates to the term, permitted uses, density, intensity
of use, height and size of proposed buildings, or provisions for reservations and
dedication of land shall require a public hearing before an amendment may be
executed. The May 16, 2011 public hearing fulfilled this requirement.
2. The proposed amendment to the specific plan will not adversely affect surrounding
properties.
The proposed amendment to the specific plan will not adversely affect surrounding
properties since it will not change the existing residential use of the property or
change the use or structures of any surrounding property.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council of the City of Azusa hereby declares
that they would have passed each section, subsection, subdivision, paragraph, sentence, clause,
or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause, or phrase would be declared, invalid, unconstitutional, or
unenforceable.
SECTION 5. Summary. A summary of this ordinance shall be published in the manner
required by law.
PASSED, APPROVED, AND ADOPTED this 6'h day of June, 2011.
i.
Joseph R. Rocha
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
ATTFST
City Clerk
I Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No. 11-08 was duly adopted by the City Council of the City of Azusa at the regular
meeting thereof held on the 6th day of June, 2011, by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NAYS: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Vera Mendoza, City Clerk
APPROVED AS TO FORM:
oAVI
Sonia R. Carvalho
City Attorney