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HomeMy Public PortalAboutOrdinance 14-989 Development Agreement City and Olson Project Lower Azusa1 1 1 ORDINANCE NO. 14 -989 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMPLE CITY AND OLSON URBAN HOUSING, LLC FOR DEVELOPMENT OF A RESIDENTIAL HOUSING PROJECT ON LOWER AZUSA ROAD BETWEEN THE EATON WASH AND THE UNION PACIFIC RAILROAD RIGHT OF WAY (APN 8592 - 005 -003 and 8592 - 005 -004) WHEREAS, California Government Code Title 7, Chapter 4, Article 2.5 authorizes the City of Temple City to enter into development agreements which will provide certainty, definition and commitment to developers as well as to necessary public improvements required by development; and, WHEREAS, Olson Urban Housing, LLC, and its related entity Olson Land Opportunities, LLC (collectively "Developer ") have proposed a 74 -unit single family attached and detached residential project, tentatively named "Azusa Walk," on a 10.8 acre site zoned M -2 and located in a mixed manufacturing and single - family residential area ( "Project "), and the Developer has submitted applications for a General Plan Amendment, a Zone Change, a Tentative Tract Map, a Conditional Use Permit, and a Site Plan Review as required by the Temple City Municipal Code to implement the Project; and, WHEREAS, the proposed amendments to the General Plan and Zoning Map would allow development of the Project, which includes the demolition and clearing of a former lumber yard and the construction of the 74 residential units, recreational amenities, and common areas, as well as retention of 4.63 acres of easement currently dedicated to the Eaton Wash; and, WHEREAS, in connection with the General Plan and Zoning Map amendments and other approvals, the Developer and City staff have negotiated a proposed Development Agreement in accordance with the requirements of California Government Code, Title 7, and Chapter 4, Article 2.5 and Resolution No. 1986 -77, which, among other things, sets forth the effective date and term of the agreement; permitted uses of the property; densities of uses; applicable fees; applicable rules, regulations and policies; required infrastructure improvements; provisions on amendments, annual review and default; and other miscellaneous provisions, to allow for development of the Project; and, WHEREAS, in Resolution No. 13- 2392PC, the Planning Commission recommended that the City Council approve the Development Agreement and other approvals necessary to implement the Project, and, WHEREAS, in Resolution No. 14 -4959, the City Council approved a Mitigated Negative Declaration for the Project, including the Development Agreement, and, WHEREAS, the City Council amended the General Plan in Resolution No. 14 -4961 and amended the Zoning Map described in the Temple City Municipal Code by Ordinance No. 14 -988, as requested by the Developer for the implementation of the Project, and, WHEREAS, the proposed Development Agreement is consistent with the approved amendments to the Temple City General Plan and Municipal Code, and, WHEREAS, a Public Hearing on the Development Agreement was noticed as required by law; and WHEREAS, the City Council held the Public Hearing on the Development Agreement on January 7, 2014, and on said date, the Public Hearing was opened, held and closed. Ordinance 14 -989 Development Agreement Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: Section 1. This Ordinance incorporates, and by this reference makes a part hereof, that certain Development Agreement, substantially in the form on file with the City Clerk, by and between the City of Temple City and Olson Urban Housing, LLC, relative to the Project. Section 2. This Ordinance is adopted under the authority of the Government Code Section 65864, et seq. Section 3. The City Council hereby finds and determines that the Development Agreement is consistent with the General Plan of the City of Temple City, as amended by Resolution No. 14- 4961, adopted by the City Council on January 7, 2014. Section 4. Based on the findings set forth in this Ordinance and the evidence in the Staff Report, the City Council hereby approves the Development Agreement, substantially in the form on file with the City Clerk, subject to minor and clarifying revisions approved by the City Attorney. Section 5. The City Manager is hereby authorized and directed to execute the Development Agreement on behalf of the City of Temple City. Section 6. The City Manager or his or her designee is hereby authorized and directed to perform all acts required to be performed by the City in the administration and implementation of this Development Agreement, including, without limitation, reviewing the Development Agreement on annual basis, approving assignments and executing other agreements or documents necessary to carry out the purposes of the Development Agreement. Section 7. This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk shall cause this Ordinance to be posted or published pursuant to the requirements of Government Code Section 36933. Section 8. Within ten (10) days after the date upon which the City Manager executes the Development Agreement on behalf of the City, the City Clerk shall record the Development Agreement and this Ordinance with the Recorder /County Clerk of the County of Los Angeles. Section 9. If any part of this Ordinance, or the Development Agreement which it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Agreement, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Agreement, if such invalid portion thereof had been deleted. APPROVED AND ADOPTED THIS 21ST DAY OF JANUARY 2014. ATTEST: APPROVED AS TO FORM: City Clerk 1 1 1 1 1 Ordinance 14 -989 Development Agreement Page 3 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance 14 -989 was introduced at the regular meeting of the City Council of the City of Temple City held on the 7th day of January, 2014 and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at the regular meeting held on the 21St day of January, 2014 by the following vote: AYES: Councilmember — Chavez, Vizcarra, Yu, Blum, Sternquist NOES: Councilmember — None ABSENT: Councilmember — None ABSTAIN: Councilmember— None ATTEST: Arii►1L� CITY CLERK1