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HomeMy WebLinkAbout1998-05-18 - AGENDA REPORTS - BOUQUET SENIORS ZONE (2)AGENDA REPORT City Manager Approval: Item to be presented by Jennifer Reid UNFINISHED BUSINESS DATE: May 18, 1998 SUBJECT: APPROVAL OF BOUQUET SENIORS ZONE CHANGE AND DEVELOPMENT AGREEMENT ORDINANCES DEPARTMENT: Planning & Building Services Department RECOMMENDED ACTION City Council waive further readings and adopt Ordinance Nos. 98-10 and 98-11. BACKGROUND Ordinance Nos. 98-10 and 98-11 were introduced to the City Council on May 12, 1998. After conducting a public hearing on these items, the Council waived further reading of the ordinances and passed them to a second reading. Ordinance No. 98-10 adopts Zone Change 97-002 redesignating the zoning and development standards for 12.36 acres of RS (Residential Suburban - 5 dwelling units per acre) property to RMH (Residential Medium High — 20 dwelling units per acre) property. Ordinance No. 98-11 adopts Development Agreement No. 98-001 between the City of Santa.Clarita and Hamilton Larkin, LLC, for the construction of a 264 unit, low-income senior housing project located westerly and adjacent to Bouquet Canyon Road, between Festividad Drive and Espuella Drive, in the Saugus community of the City of Santa Clarita. ALTERNATIVE ACTIONS There are no alternative actions as identified by staff. FISCAL IMPACT The adoption of Ordinance 98-11 (Development Agreement No. 98-001) allows for a partial waiver of certain project -related fees. The fee reduction granted to the applicant totals $887,453.00. Ordinance No. 98-10 Ordinance No. 98-11 JJL:JDR:lep council\bgtord2r Adopted: Agenda Item: ca PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on May 18, 1998, the City Council of the City of Santa Clarita adopted Ordinance 98-10 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING ZONE CHANGE 97-002. (MASTER CASE 97-102) FOR THE BOUQUET SENIORS AFFORDABLE HOUSING PROJECT WHICH CHANGES THE ZONING CLASSIFICATION OF THE SITE FROM CITY OF SANTA CLARITA ZONE RS (RESIDEINTIAL SUBURBAN) TO CITY OF SANTA CLARITA ZONE RMH (RESIDIENTIAL MEDIUM HIGH) FOR 'THE DEVELOPMENT OF A 12.36 ACRE PROPERTYi LOCATED WESTERLY AND ADJACENT TO BOUQUET CANYON ROAD BETWEEN FESTIVIDAD DRIVE AND ESPUELLA DRIVE. by the following vote: AYES: Klajic, Ferry, Darcy NOES: None ABSENT: Weste, Heidt A certified copy of the complete text of the ordinance is posted and may be read in the City Clerk's Office, 23920 Valencia Boulevard, Suite 301, Santa Clarita; and/or a copy may be obtained from that office. Dated this 21st day of May, 1998. Sharon L. Dawson, CMC, City Clerk City of Santa Clarita STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF SANTA CLARITA ) Sharon L. Dawson, being first duly sworn, deposes and says that she is the duly appointed and qualified City Clerk of the City of Santa Clarita and that by Thursday, May 21, 1998, she caused a certified copy of the subject ordinance to be posted and made available for public review in the City Clerk's office and a copy of the ordinance summary to be published as required by law. Sharon L. Dawson, CMC, City Clerk City of Santa Clarita ORDINANCE NO. 98-10 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF SANTA CLARITA "PROVING ZONE CHANGE 97-002 (MASTER CASE 97.102) FOR THE BOUQUET SENIORS AFFORDABLE HOUSING PROJECT WHICH CHANGES THE ZONING CLASSIFICATION OF THE SITE FROM CITY OF SANTA CLARITA ZONE RS (RESIDENTIAL SUBURBAN) TO CITY OF SANTA CLARITA ZONE RMH (RESIDENTIAL MEDIUM HIGH) FOR THE DEVELOPMENT OF A 12.36 ACRE PROPERTY LOCATED WESTERLY AND ADJACENT TO BOUQUET CANYON ROAD BETWEEN FESTIVIDAD DRIVE AND ESPUELLA DRIVE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. On June 18, 1997, an entitlement was filed with the Planning & Building Services Department which included the following requests: an amendment to the General Plan Land Use Element Land Use Map to redesignate approximately 12.36 acres of RS (Residential Suburban) land use to RMH (Residential Medium High) land use; a zone change modifying the Unified Development Code zoning designation and standards of approximately 12.36 acres of property from RS (Residential Suburban - 5 dwelling units per acre) to RMH (Residential Medium High'- 20 dwelling units per acre); and a conditional use permit to allow for the construction of a three story, 261 unit senior affordable housing apartment project, to permit a 25% density bonus for the property, to provide an amenities bonus for partial waiver of development fees, and to allow for the installation of gates for the residential project. Staffs review of the entitlements filed further determined that an application for a development agreement was required under the density bonus provisions of the Unified Development Code, and that the preparation of a Subsequent Environmental Impact Report was necessary. A 30 - year development agreement application was filed with the City on January 16, 1998. b. Modifications to the project were made over the course of the project's review. Such changes include a proposal for 264 units, as opposed to the 261 originally requested, a modified site design increasing the project's northerly setback from 120 feet to 133 feet, the addition of a gardening area for the residents of the project, and the addition of an internal walking path for the future residents. c. The project was previously approved under the jurisdiction of Los Angeles County as a 192 unit, market rate senior housing project, with the development of the site consisting of the construction of 12 separate housing structures. Under Los Angeles County, the project underwent a zone change from A-2-5, an agricultural zoning designation, to RPD -5,000-23U, a zoning designation allowing for residential units with a 5,000 square foot minimum lot size, up to 23 units per acre. The project was approved by the Los Angeles County Regional Planning Commission on November 25, 1992. Along with the approval of the site plan, the Regional Planning Commission also approved Tentative Tract Map 44830, dividing the site plan into one condominium lot with 192 fee in ownership parcels. An Environmental Impact Report (SCH#89091306) was prepared for the previously approved project, which was certified as final in November of 1992. Los Angeles County Regional Planning adopted a Statement of Overriding Considerations for the previous project's cumulative impact to air quality. d. In March of 1997, the City of Santa Clarita finalized the Northbridge Annexation (Annexation No. 1992-04), thereby incorporating the project site into the City's boundaries. Upon annexation, the property's zoning designation was determined to be RS (Residential Suburban), and was found to be consistent with the City's General Plan Land Use Element Land Use Map. e. The site is known as the Bouquet Seniors Affordable Housing Project and is located westerly and adjacent to Bouquet Canyon Road, between Festividad Drive and Espuella Drive. f. The General Plan presently designates the project site as Residential Suburban, which corresponds to the typical single-family detached tract home developments found throughout the planning area. The density range in this category is from 3.4 to 6.6 dwellings per gross acre with a mid-range density of 5 dwellings per gross acre. Contingent upon the approval of the zone change, the General Plan Land Use Element Land Use Map would be amended to reflect the site under the RMH (Residential Medium High) General Plan designation, which corresponds to grouped housing in townhomes, triplexes, fourplexes and larger group homes. Specialized developments, such as senior housing and affordable housing, are economically possible at the upper end of the density range for this category. The density of development for this category ranges from 15.1 to 25.0 units per gross acre, with a mid-range density of 20 dwellings per gross acre. The project's density equals 21 dwellings per gross acre, which is consistent with the RMH General Plan designation proposed. The approval of a conditional use permit for a density and amenities bonus permits densities above the mid -point General Plan designation. g. An RMH zoning designation for the project site permits a density of up to 20 dwelling units per acre. The 8.8 net acreage of the site, however, creates a density of approximately 30 dwelling units per acre. The density bonus provisions of the Unified Development Code are intended- to facilitate the construction of senior, very low, and low income units that will serve the current and long term City need while maintaining a high degree of quality in project design, construction, and environmental protection. The proposed project meets all of the density bonus applicability requirements of the UDC, including the provision for a 100% affordable housing project, the submittal of a preliminary proposal prior to the request for the General Plan amendment and zone change, 2 and the submittal of an independently prepared fiscal impact analysis detailing the project's effects on the City's budget. The project is an infill development project, and therefore the area infrastructure is in place oris being constructed as a part of the project, nor is the site located in an area designated as "hillside." The zone change of the project site to RMH would qualify the property for a density bonus, and the site is located proximate to commercial establishments, service providers, grocery stores, drug stores, banks, and public transit. h. The City may grant a density bonus of 25% in excess of the maximum density of the zone, which would allow a density of 25 dwelling unit per gross acre. However, in areas where higher densities are appropriate and services are available, densities of up to 35 dwelling units per acre may be permitted. A re- designation of the project site to the RMH designation is therefore consistent with the standards of the Unified Development Code. i. The Bouquet Seniors Affordable Housing Project site is vacant, and incorporates a portion of both the concrete -lined Seco drainage channel and the concrete -lined Bouquet drainage channel. The property is surrounded by urban development, and is thus considered an infill development project. The project site is located in close proximity to local transit routes, grocery stores, banks, drug stores, restaurants, and other convenience stores, and is therefore well-suited for a senior population project. j. The City of Santa Clarita prepared an Initial Study for the project which determined that the project may have a significant effect on the environment and that a subsequent environmental impact report must be prepared. A Notice of Preparation (NOP) for the General Plan amendment, zone change, and conditional use permit requests was mailed in September 1997 to affected agencies. k. The City Council held a study session regarding fee reductions for senior housing projects on June 3, 1997. During this meeting, the Council directed staff to ensure that applicants requesting such fee reductions address the need for affordable senior housing projects within the City, and address the potential impacts of such projects to the City's budget. In response to this request, staff directed the applicant for the Bouquet Seniors Affordable Housing Project to prepare both a fiscal impact analysis and a market study to address the aforementioned issues. Both reports were considered by the Planning Commission prior to forwarding a recommendation to the City Council regarding the project. A duly noticed Tax Equity and Fiscal Responsibility Act (TEFRA) hearing was held by the City Council on November 25, 1997. At this public hearing, the Council adopted Resolution No. 97-138 approving the issuance by the California Statewide Communities Development Authority (CSCDA) of not to exceed $17,000,000 aggregate principal amount of Multifamily Housing Revenue Bonds for the project. The TEFRA hearing is required by the CSCDA prior to their 3 issuance of pass-through tax exempt bond financing for multi -family housing projects. No financial or legal obligation/liability to the City exists in the approval of the above-mentioned resolution. m. At the regularly scheduled Planning Commission meeting of February 3, 1998, the Commission received a preliminary schedule identifying upcoming public hearing dates and topics for discussion regarding the project. During this meeting, the Draft Subsequent EIR was distributed to the Planning Commission for their review. The first meeting identified on the preliminary schedule commenced on March 3, 1998, thus allowing the Commissioners approximately one month to begin reviewing the document prior to the first public hearing. The preliminary schedule also identified specific project topics to be discussed at each of the meetings. The goal of this processing schedule was to reduce redundancy and allow the Commission and the public to better prepare for the meetings. The Planning Commission's tentative schedule, including information identifying areas of discussion, was published in a local newspaper of areawide distribution, and was also distributed to all property owners within a 500' mailing radius of the subject site. n. While the Draft Subsequent Environmental Impact Report (SCH # 97081065) for this project was distributed to the Planning Commission on February 3, 1998, a Notice of Completion (N.O.C.) was formally distributed to the public on January 23, 1998. The Draft Subsequent EIR was circulated for a 45 -day public review beginning on January 23, 1998 and ending on March 8, 1998, in compliance with the provisions of the California Environmental Quality Act (CEQA). o. A total of three community meetings .were held by the applicant (with the Monteverde Homeowner's Association) in order to assess neighborhood concerns regarding the project. The meetings were held at the residence of the President of the Homeowner's Association on February 18, 1997, on July 10, 1997, and on February 12, 1998. Project modifications were incorporated as a result of these meetings, including the addition of conditions of approval addressing the aesthetics of the proposed property. Landscaping and architectural designs for the project are being developed in cooperation with the residential neighborhood located directly north of the project site. P. The Planning Commission has held duly noticed public hearings on this issue commencing on March 3, 1998 and continuing on March 17, 1998 and April 7, 1998. These public hearings have been held at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita. q. The March 3, 1998 public hearing held on the project specifically discussed the project's Draft Subsequent EIR. The purpose of discussing the environmental document on this date was to further enhance public participation: verbal testimony from the Commissioners and the public could therefore be incorporated into the response to comments prior to the close of the public review period of the Draft Subsequent EIR on March 8, 1998. While the Draft Subsequent EIR was r] discussed in detail during the public hearing of March 3, 1998, further testimony regarding the Draft Subsequent EIR. was not limited at subsequent meetings. A more detailed discussion of the project parameters was held during the public hearing of March 17, 1998. Outstanding issues were discussed during the meeting of April 7, 1998. r. The Bouquet Seniors Draft Subsequent EIR, was circulated for review and comment by the affected governmental agencies and all comments received have been considered. A Final EIR (FEIR) dated March 1997 was prepared in accordance with CEQA and includes the Draft Subsequent EIR, responses to comments received on the Draft Subsequent EIR, minor corrections and clarifications to the EIR text, and a Mitigation Monitoring and Reporting Program (MMRP). As a result of staff, public and Planning Commission comments on the project and the Draft Subsequent EIR, the applicant has made modifications to the project. None of the modifications would result in additional environmental impacts. The FEIR. was recommended for adoption by the Planning Commission simultaneously herewith pursuant to Resolution P98-11. S. On April 7, 1998 the Planning Commission adopted Resolution No. P98-12 recommending that the City Council adopt an ordinance approving the requested zone change. t. The City Council held duly noticed public hearings on this project commencing on April 21, 1998. Subsequent meetings regarding the project were held on May 12, 1998, and on May 18, 1998. On May 12, 1998, the City Council certified the FEIR. for this project (Resolution 98-41), approved the requested entitlements (Resolution 98-42), held the first reading of Ordinance 98-11 recommending approval of Development Agreement 98-001, held the first reading of this ordinance (Ordinance 98-10), waived further reading of Ordinance 98-10, and continued this item for a second reading on May 18, 1998. On May 18, 1998, the City Council having waived furtherreading, completed the second reading of Ordinance 98-10 in order to approve the Bouquet Seniors Affordable Housing Project, including approval of Zone Change 97-002 redesignating a 12.36 acre private property from City zone RS (Residential Suburban - 5 dwelling units per acre) to City zone RMH (Residential Medium High - 20 dwelling units per acre) and redefining the standards of the property for compliance with the RMH zoning designation. The April 21, 1998 and May 12, 1998 public hearings on the project were held at 6:30 p.m., and the second reading of Ordinance 98-10 was held at 5:00 p.m. on May 18, 1998. All meetings were held at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearings -held for the project, and upon studies and investigations made by the Planning Commission and the City Council and on its behalf, the City Council further finds as follows: 5 a. At the hearings described above, the City Council considered staff presentations, staff reports, Planning Commission staff reports and resolutions, applicant presentations, public testimony on the proposal, and the FEIR prepared for the project. b. The project provides for development standards and types of public and private improvements that will not cause serious public health problems, since access, water, sewage disposal, fire protection, and solid waste disposal are addressed in the MMRP and conditions of approval. C. The project complies with the general requirements and performance standards for the Residential Medium High zone, with the inclusion of an approved conditional use permit allowing for a 25% density bonus and amenities bonus. The proposed development of the site is consistent with the intent of the Residential Medium High zone which corresponds to grouped housing such as townhomes, triplexes, fourplexes and larger group homes at a density up to 20.0 dwelling units per gross acre. Private recreation amenities are provided on site as well as private common open space. Additional uses are permitted on-site that are complimentary to, and can exist in harmony with, a residential neighborhood. d. The FEIR identifies a significant environmental effect regarding the project's cumulative impact to air quality. The FEIR .identifies feasible mitigation measures for all environmental impacts with the exclusion of air quality which cannot be avoided through mitigation. The identified mitigation measures have been incorporated into the MMRP and conditions of approval for the project. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby finds as follows: a. A FEIR, including the Draft Subsequent EIR, Responses to Comments, Text Changes to the Draft Subsequent EIR, the MMRP, and the Statement of Overriding Considerations for this project have been prepared and circulated in compliance with the California Environmental Quality Act (CEQA). The Planning Commission adopted Resolution P98-11 recommending that the City Council certify the FEIR and adopt a Statement of Overriding Considerations for the project's cumulative impact to air quality. The City Council certified the FEIR and adopted the Statement of Overriding Considerations through adoption of Resolution No. 98-41. b. This project as modified by the Planning Commission and City Council will not adversely affect the health, peace, comfort or welfare of persons residing in the area; nor be materially detrimental to the use, enjoyment, or valuation of property in the vicinity of the project site; nor jeopardize, endanger or otherwise constitute a menace to the public health, safety, or general welfare since the project conforms with the City's General Plan, Unified Development Code and is compatible with surrounding land uses. 0 C. The applicant has substantiated the findings for approval of a Zone Change as specified under Section 17.03.020 of the City's Unified Development Code. SECTION 4. The City Council hereby approves Zone Change 97-002 (Master Case Number 97-102) consisting of a re -designation of a 12.36 acre private property located in the City of Santa Clarita from zone RS (Residential Suburban - 5 dwelling units per acre) to RMH (Residential Medium High - 20 unit per acre) as shown on the attached map (Exhibit A). SECTION 5. This Ordinance shall become effective at 12:01 a.m. on the thirty-first day after adoption. SECTION 6. The City Clerk shall certify as to the passage of this Ordinance and cause it to be published in the manner prescribed by law. PASSED AND APPROVED this day of '19—. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its fust reading at a regular meeting of the City Council on the day of , 19 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 19 by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JJL:JDR:Iep pbs\council\ord9810 7 CITY CLERK PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on May 18, 1998, the City Council of the City of Santa Clarita adopted Ordinance 98-11 entitled : AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING DEVELOPMENT AGREEMENT NO. 98-0101 WITH HAMILTON LARKIN, LLC, FOR THE DEVELOPMENT OF 12.36 ACRES OF PROPERTY KNOWN AS THE BOUQUET SENIORS AFFORDABLE HOUSING DEVELOPMENT LOCATED WESTERLY AND ADJACENT TO BOUQUET CANYON ROAD BETWEEN FESTIVIDAD DRIVE AND ESPUELLA DRIVE. by the following vote: AYES: Klajic, Ferry, Darcy NOES: None ABSENT: Weste, Heidt A certified copy of the complete text of the ordinance is posted and may be read in the City Clerk's Office, 23920 Valencia Boulevard, Suite 301, Santa Clarita, and/or a copy may be obtained from that office. Dated this 21st day of May, 1998. Sharon L. Dawson, CMC, City Clerk City of Santa Clarita STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF SANTA CLARITA ) Sharon L. Dawson, being first duly sworn, deposes and says that she is the duly appointed and qualified City Clerk of the City of Santa Clarita and that by Thursday, May 21, 1998, she caused a certified copy of the subject ordinance to be posted and made available for public review in the City Clerk's office and a copy of the ordinance summary to be published as required by law. Sharon L. Dawson, CMC, City Clerk City of Santa Clarita ORDINANCE NO. 98-11 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING DEVELOPMENT AGREEMENT NO. 98-001 WITH HAMILTON LARKIN, LLC, FOR THE DEVELOPMENT OF 12.36 ACRES OF PROPERTY KNOWN AS THE BOUQUET SENIORS AFFORDABLE HOUSING.DEVELOPMENT LOCATED WESTERLY AND ADJACENT TO BOUQUET CANYON ROAD BETWEEN FESTIVIDAD DRIVE AND ESPUELLA DRIVE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. On June 18, 1997, an entitlement was filed with the Planning & Building Services Department which included the following requests: an amendment to the General Plan Land Use Element Land Use Map to redesignate approximately 12.36 acres of RS (Residential Suburban) land use to RMH (Residential Medium High) land use; a zone change modifying the Unified Development Code zoning designation and standards of approximately 12.36 acres of property from RS (Residential Suburban - 5 dwelling units per acre) to RMH (Residential Medium High - 20 dwelling units per acre); and a conditional use permit to allow for the construction of a three story, 261 unit senior affordable housing apartment project, to permit a 25% density bonus for the property, to provide an amenities bonus for partial waiver of development fees, and to allow for the installation of gates for the residential project. Staffs review of the entitlements filed further determined that an application for a development agreement was required under the density bonus provisions of the Unified Development Code, and that the preparation of a Subsequent Environmental Impact Report was necessary. The 30 -year development agreement application was filed with the City on January 16, 1998. b. Modifications to the project were made over the course of the project's review. Such changes include a proposal for 264 units, as opposed to the 261 originally requested, a modified site design increasing the project's northerly setback from 120 feet to 133 feet, the addition of a gardening area for the residents of the project, and the addition of an internal walking path for the future residents. C. The project was previously approved under the jurisdiction of Los Angeles County as a 192 unit, market rate senior housing project, with the development of the site consisting of the construction of 12 separate housing structures. Under Los Angeles County, the project underwent a zone change from A-2-5, an agricultural zoning designation, to RPD -5,000- 23U, a zoning designation allowing for residential units with a 5,000 square foot minimum lot size, up to 23 units per acre. The project was approved by the Los Angeles County Regional Planning Commission on November 25, 1992. Along with the approval of the site plan, the Regional Planning Commission also approved Tentative Tract Map 44830, dividing the site plan into one condominium lot with 192 fee in ownership parcels. An Environmental Impact Report (SCH#89091306) was prepared for the previously approved project, which was certified as.final in November of 1992. Los Angeles County Regional Planning adopted a Statement of Overriding Considerations for the previous project's cumulative impact to air quality. d. In March of 1997, the City of Santa Clarita finalized the Northbridge Annexation (Annexation No. 1992-04), thereby incorporating the project site into the City's boundaries. Upon annexation, the property's zoning designation was determined to be RS (Residential Suburban), and was found to be consistent with the City's General Plan Land Use Element Land Use Map. e. The site is known as the Bouquet Seniors Affordable Housing Project and is located westerly and adjacent to Bouquet Canyon Road, between Festividad Drive and Espuella Drive. f. The Development' Agreement has been processed concurrently with the entitlement requests listed in Section 1(a) above. The approval of General Plan Amendment 97-002 would designate the site as RMH (Residential Medium High). The Development Agreement is consistent with the City's General Plan and Zoning Land Use classifications, and the intensity of development allowed under the Unified Development Code with: 1) Council approval of the RMH General Plan amendment; 2) approval of a zone change on the property to RMH (Residential Medium High); 3) approval of a conditional use permit allowing for the construction of a three story, 264 unit senior affordable housing apartment project, to permit a 25% density bonus for the property, to provide an amenities bonus for partial waiver of development fees, and to allow for the installation of gates' for the residential project; and 7) review and certification of the Draft Subsequent Environmental Impact Report (SCH#97081065) prepared for the project. g. The : City Council's approval of Ordinance 98-10 redesignates approximately 12.36 acres of RS (Residential Suburban) property to the RMH (Residential Medium High) zone. City Council adoption of Resolution 98-41 certifies the Final Environmental Impact Report for the project, and Council adoption of Resolution 98-42 approves the project's entitlements as listed above. With these actions complete, the Development Agreement is found to be consistent with the goals, policies, 2 general land uses and implementation programs contained in the General Plan, including the Circulation Element. Furthermore, the Development Agreement makes reasonable provision for the use of certain real property for commercial, industrial, residential, public facilities and parks, and open space development. h. The Development Agreement was processed in the time and manner prescribed by State and local law. L The Planning Commission held duly noticed public. hearings on the Bouquet Seniors Affordable Housing.project (and related entitlements) commencing on March 3, 1998 and continuing on March 17, 1998 and April 7, 1998. All public hearings were held. at 7:00 p.m. at the City Council Chambers, 23920. Valencia Boulevard, Santa Clarita. _ j. Discussion specifically regarding the deal points of the Development Agreement were held by the Planning Commission at the public hearings of March 17, 1998 and April 7, 1998. These hearings were held at the City Council Chambers, at 23920 Valencia Boulevard, Santa Clarita, commencing at 7:00 p.m. At these hearings the Planning Commission received staff reports and testimony from the public and the applicant. k. The City Council held duly noticed public hearings on the Bouquet Seniors Affordable Housing project commencing on April 21, 1998, and continuing on May 12, 1998 and May 18, 1998. On May 12, 1998, the City Council certified the FEIR for this project (Resolution Number 98-41), approved the project entitlements (Resolution No. 98-42), held the first reading of Ordinance 98-11 rezoning the property from RS (Residential Suburban) to RMH (Residential Medium High), held the first reading of this ordinance, waived further reading of the ordinance, and continued the item for a second reading on May 18, 1998. On May 18, 1998, the City Council having waived further reading, completed the second reading in order to approve the Bouquet Seniors Development Agreement. The April 21, 1998 and May 12, 1998 public hearings were held at or after 6:30 p.m., and the second reading of this ordinance was held on May 18, 1998 at 5:00 p.m. All meetings were held at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. During the meeting of May 12, 1998, the City Council requested that additional language be included in Development Agreement 98-001. The conditions added to the development agreement, as requested by the Council include: 1) The appointment of Brad Berens from the Santa Clarita Valley Committee on Aging (`COA") to the Board of Directors for the non-profit general partner selected for the project; 2) The ability of the COA to step in as the 1/2% general partner on the project at a future date if it is found that the project's non-profit general partner is not fulfilling their required duties appropriately; 3) The addition of disclosure language in resident leases clarifying the permissible use of the project's recreation area by non-resident seniors; 4) The addition of a monetary contribution from the developer of $26,400.00 to the Senior Center (during the second year of project operation) for studies of, and for the maintenance of, the Senior Center's para -transit system; and, 5) The addition of language granting the City Council the power to re -apply waived fees, adjusted for inflation, to the project if the project turns over to'a market -rate, senior or non -senior apartment project. Section 2(bXl) of this Ordinance permits the project to revert to a market rate senior project after a term of 30 years, subject to the approval by the City Council after a public hearing. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearings held for the project, and upon studies and investigations made by the City Council and on its behalf, the City Council further finds as follows: a. At the hearings described above, the City Council considered staff presentations, staff reports, Planning Commission resolutions, applicant presentations, and public testimony on the Development Agreement. b. The 30 -year Development Agreement includes, but is not limited to, the following deal -points: 1) The project will consist of 264 units restricted as senior affordable housing. The project will be restricted to persons 55 years of age and older, and will be a 100% affordable housing project for a term of 30 years. After that time, 100% of the units may be opened for market rate seniors, subject to approval by the City Council after a public hearing. 2) Each unit shall be restricted to residents whose gross income equals no more than 60% of the area median income. Each unit shall be a low income unit, with rents restricted to 30% to 60% of the area median income. 3) The developer shall form a partnership with the Santa Clarita Committee of Aging ("COA') for management of the project. The COA will provide the following services: home -delivered meals throughout the community and congregate meals as capacity allows; para -transit and transportation coordination throughout the community; socialization, recreation and education programs; coordination of volunteer programs throughout the community; assessment and case management services; and information and assistance services. 13 Notwithstanding the foregoing, during the first year of operation of the project, the developer reserves the right to partner the COA with an experienced management company, dividing the payment for such management services in a manner reasonably acceptable to the Developer, the management company and the COA. 4) After the fust year of operation of the project, the COA will receive an annual fee to manage the project. 5) The City shall provide an amenities bonus to the developer for a partial waiver of Major Bridge and Thoroughfare District Fees. The City will waive the greater of (a) $538,690.00 or (b) fifty-five percent (55%) of such fees. 6) The City shall provide an amenities bonus to the developer for a partial waiver of Transit Mitigation Fees. The City will waive the greater of (a) $26,400.00 or (b) fifty percent (50%) of such fees. 7) The City shall provide an amenities bonus to the developer for a partial waiver of Parkland Dedication Fees. The City will waive the greater of (a) $322,363.00 or (b) sixty seven percent (67%) of such fees. 8) The City shall provide a density bonus to the developer, contingent upon the approval of the project's General Plan amendment and zone change; to permit a gross density of 21 units per acre and a net density of 30 units per acre in the RMH (Residential Medium High) zone, based on the merits of the developer providing an affordable senior housing project within the City. C. The Development Agreement is consistent with the General Plan as amended by the City Council (General Plan Amendment 97-002). I The Development Agreement complies with the Development Code and other applicable ordinances, standards, policies, and regulations as amended by the City Council (Zone Change 97-002). e. The Development Agreement will not: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working the surrounding area; 2. Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; or; 3. Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. f. The Development Agreement provides for clear and substantial public benefit to the City and residents along with a schedule for delivery of the benefit. g. The Development Agreement provides a schedule for the development to be constructed within a specified time period. h. The construction of public facilities are required in conjunction with the development including, but not limited to, vehicular or pedestrian rights of way, drainage and flood control facilities, recreational facilities, an internal project trail, annexation to existing sewage treatment facilities, and road improvements adequate to serve the development. The Development Agreement, together with the adopted conditions of approval, satisfies the following findings of Section 17.030.010 of the Unified Development Code: 1. Provides for the prohibition of one or more uses normally listed as permitted and/or accessory, subject to the Director's review, or subject to permit in the zone where placed; and, 2. Limits future development and specifies conditions under which further development, not included within the agreement would occur; and, 3. Requires a faithful performance bond where deemed necessary to, and in amount deemed sufficient to, guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement. In lieu of the required bond, the applicant may deposit with the City Clerk and assign to the City, certificates of deposit or savings and loan certificates or shares equal in amount to the same conditions as set forth herein; and, 4. Requires the review and approval of design criteria for the exteriors of building and other structures, including signs; and, 5. Requires special yards, open spaces, and buffer areas, fences and walls, landscaping, and parking facilities, including vehicular and pedestrian ingress and egress; and, 6. Regulates nuisance factors such as noise, vibration, smoke, dust, dirt, odors, -gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; and, Regulates operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby finds as follows: a. A Final Environmental Impact Report (FEIR), Mitigation Monitoring and Reporting Plan (MMRP), and Statement of Overriding Considerations for this project have been prepared, circulated in compliance with the California Environmental Quality Act (CEQA), and adopted as certified as required by the Act. b. The project is compatible with existing development in the area, and consistent with the City's General Plan and Zoning as amended (General Plan Amendment 97-002 / Zone Change 97-002). c. The applicant has substantiated the findings for approval of a 30 -year Development Agreement. SECTION 4. The City Council hereby approves Development Agreement 98-001. SECTION 5. This Ordinance shall become effective at 12:01 a.m. on the thirty- first day after adoption. SECTION 6. The City Clerk shall certify as to the passage of this Ordinance and cause it to be published in the manner prescribed by law. PASSED AND APPROVED this day of '19—. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ' CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 98-11 was regularly introduced and placed ;upon its fust reading at a regular meeting of the City Council on the _day of , 19. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the—day of 19_by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK JJL:JDR:lep Pbs\counci1\ord9811jdr