HomeMy Public PortalAboutOrdinance 14-989 Development Agreement City and Olson Project Lower Azusa1
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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
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Ordinance 14 -989
Development Agreement
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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