HomeMy WebLinkAbout1998-05-18 - ORDINANCES - BOUQUET SENIORS DEV AGMT (2)ORDEV.NCE 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 SuNIORC
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 Sled 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 firom 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 26% 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,
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general land uses and implementation programs contained in the General
Plan, including the Circulation Element. Furthermore, the Development
71 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 Planner 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 9841), approved
the project entitlements (Resolution No. 9842), 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 6:00
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 %% general partner on the project at a future date
if it is found that the project's non-profit general partner is not fiilfilling
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(bXD 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.
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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 first 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) fitly 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).
d. 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.
i. 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,
7. Regulates operating hours and other characteristics of operation
adversely affecting normal neighborhood schedules and functions
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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
rcause it to be published in the manner prescribed by law.
t .
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PASSED AND APPROVED this 18th day of may .1998.
�✓�C-P.t� Ct .
OR
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
first reading at a regular meeting of the City Council on the12 day of May
19 98. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of
the City Council on theme day of May 19 98 by the following vote:
AYES: COUNCILMEMBERS: K7.ajic, Ferri, Darcy
NOES: COUNCILMEMBERS: bone
ABSENT: COUNCILMEMBERS: He3_dt, Neste
CITY CLERK
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