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HomeMy WebLinkAboutOrdinance No. 11-O9ORDINANCE NO. 11-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING THE AZUSA PACIFIC UNIVERSITY SP7-APU DEVELOPMENT AGREEMENT AMENDMENT NO. 1 WHEREAS, the City of Azusa ("City") and Azusa Pacific University ("Owner") entered into that certain Development Agreement dated September 19, 2005 ("Development Agreement"); and WHEREAS, the Development Agreement describes the real property owned by the Owner; 1"11 WHEREAS, in 2007, Owner purchased 14.24 acres of real property located within the City including the Crestview Apartment complex for the purpose of adding student housing; and WHEREAS. Owner desires to amend the Development Agreement to reflect changes to the description of real property currently owned by Owner located within the City as set forth in the Development Agreement; and WHEREAS. City and Owner entered into an agreement entitled "TEFRA Agreement" dated as of May 18, 2007, Section III(A)(4) of which provides that Owner must seek and obtain City's approval of any future amendment to its Master Plan or Specific Plan prior to converting any real property owned by the Owner located within the City to an institutional, non-profit and tax exempt use; and WHEREAS, on June 4, 2007, after a duly noticed public hearing, the City's City Council adopted Resolution No. 07-C41 approving the TEFRA Agreement; and WHEREAS, the City and Owner desire to amend the Development Agreement to add a new provision providing that the Owner shall apply to the City for an amendment to the Specific Plan prior to acquiring additional property or selling or converting the use of any property covered by the Development Agreement to an entity or use that would result in the property being removed from the tax rolls; and WHEREAS, on March 16, 2011, the Planning Commission reviewed and studied the amendments to the Development Agreement and recommended approval of the amendment to the City Council; and WHEREAS, on May 16, 2011, the City Council reviewed and studied the amendments to the Development Agreement and found it to comply with the California Environmental Quality Act ("CEQA") as more fully described below; and WHEREAS, the City and Owner believe that the acquisition and operation of the additional property described above and in accordance with the amendments is in the best interests of the City and the health, safety, morals and welfare of its taxpayers and residents and is in accordance with the public purposes set forth in federal, state and local law and regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to California Government Code Section 65868 the City Council hereby approves the amendments to the Development Agreement as set forth in Exhibit "A" attached hereto, entitled "First Amendment to Development Agreement" ("First Amendment"). SECTION 2. Pursuant to California Government Code Section 65867.5 and based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council hereby makes and adopts the following finding: A. The proposed amendment to the Development Agreement is 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 #I - 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. SECTION 3. 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 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 FIR. 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 4. The City Council hereby adopts the SP7-APU Developmeni Agreement Amendment No. 1, attached hereto as Exhibit "A". seph R. Rocha, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA. ) ATTEST: Vera Mendoza, [`:ity Clerk -2- I Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 11-09 was duly adopted by the City Council of the City of Azusa at the regular meeting thereof held on the 6`h 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: Sonia R. Carvalho City Attorney -3- Exhibit "A" AZUSA PACIFIC UNIVERSITY SP7-APU DEVELOPMENT AGREEMENT AMENDMENT NO. 1 -4-