Ordinance No. 797 - 9100 - 9108 Garvey AvenueORDINANCE NO. 797
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD APPROVING A DEVELOPMENT
AGREEMENT FOR ASSESSOR PARCEL NUMBERS
5282-028-906, 907, 910, 911 AND 5282-027-902, 903
LOCATED AT 9100-9108 GARVEY AVENUE, ROSEMEAD
(DEVELOPMENT AGREEMENT 99-1)
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN
AS FOLLOWS:
Section 1. The City Council finds, determines and declares:
(a) An application for a development agreement was duly filed by the City
of Rosemead and the Rosemead Housing Development Corporation (RHDC) regarding the
development of property located at 9100-9108 Garvey Avenue (the "Site"), and more
particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference; and
(b) A public hearing was duly held before the Planning Commission on
August 2, 1999, at which time the Commission recommended approval of said request; and
• (c) That on August 10, 1999, the City Council conducted a duly noticed
public hearing on said request.
Section 2. The City Council further finds:
(a) A municipal election was held pursuant to Article XXXIV of the
California State Constitution on November 5, 1991, in which Rosemead citizens voted, in
part, to authorize construction of senior citizen housing for qualified low-income residents
upon the Site; and
(b) That Development Agreement 99-1, pursuant to Sections 65864-
65869.5 et. seq. of the Government Code hereby supersedes the development standards as
contained within the Rosemead Zoning Ordinance; and
• (c) That a Mitigated Negative Declaration of environmental impact was
prepared in accordance with State law and local regulation. The Mitigated Negative
Declaration was approved by the Planning Commission.
Section 3. The City Council hereby approved Development Agreement 99-
1, attached as Exhibit "B" for the property heretofore described, and the provisions of said
Development Agreement shall prevail over any conflicting provisions of the Zoning Code.
11APWIIRI'MROSItW,A1)%6ARV1:MRD DLVA(;RAx
Section 4. The City Clerk shall certify to the adoption of this Ordinance
and cause the name to be processed according to State law.
PASSED, APPROVED and ADOPTED THIS DAY OF
'1999.
OR
ATY'EST:
CITY CLERK
•
•
H:\I'HUJI'.ClSIROSGMISADI(iARVIiY1ORD DEVAGR.doc
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 797 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
APPROVING A DEVELOPMENT AGREEMENT FOR ASSESSOR PARCEL
NUMBERS 5282-028-906, 907, 910, 911 AND 5282-027-902, 903 LOCATED AT
9100-9108 GARVEY AVENUE, ROSEMEAD (DEVELOPMENT AGREEMENT 99-1)
was duly adopted at a regular meeting of the Rosemead City Council on the 24th day of August,
1999, by the following vote to wit:
YES: COUNCILMEMBERS VASQUEZ, BRUESCH, CLARK, IMPERIAL, TAYLOR
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
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CITY CLERTK
17_~
EXHIBIT "A"
LEGAL DESCRIPTION
The Project Site includes certain real properties located in the City of
Rosemead, County of Los Angeles, State of California described as those
parcels of land shown in the Los Angeles County Assessor map as parcels
5282-027-902, 5282-027-903 and 5282-028-906, 5282-028-907, 5282-028-910,
5282-028-911 and a portion of that parcel owned by the federal Government
as appearing in the Los Angeles County Assessor map as parcel number
5282-028-908.
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EXHIBIT "B"
DEVELOPMENT AGREEMENT
CONCERNING THE DEVELOPMENT OF THE GARVEY AVENUE
COMMUNITY CENTER AND SENIOR HOUSING PROJECT ON
PROPERTY GENERALLY LOCATED AT 9100 AND 9108 GARVEY
AVENUE, CITY OF ROSEMEAD, LOS ANGELES COUNTY,
CALIFORNIA
THIS AGREEMENT (the "Development Agreement" hereinafter) is made and
entered into as of the thirty-first (31st) day following final adoption of the
ordinance approving it by and between the CITY OF ROSEMEAD, a municipal
corporation (the "City" hereinafter), the ROSEMEAD HOUSING
DEVELOPMENT CORPORATION, a California non-profit, public benefit
corporation (the "RHDC" hereinafter).
0 A. RECITALS
1. California Government Code Section 65864 provides, in pertinent
part, as follows:
The Legislature finds and declares that:
"(a) The lack of certainty in the approval of development projects
can result in a waste of resources, escalate the cost of housing and other
development to the consumer, and discourage investment in and commitment to
comprehensive planning which would make maximum efficient- utilization of
• resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that
upon approval of the project, the applicant may proceed with the project in
accordance with existing policies, rules and regulations, subject to conditions of
approval, will strengthen the public planning process, encourage private
participation in comprehensive planning, and reduce the economic costs of
development."
Development Agreement
Page 1 of 10
2. California Government Code Section 65865 provides, in pertinent
part, as follows:
"Any city, , may enter into a development agreement with any
person having a legal or equitable interest in real property for the development
of such property as provided in this article "
3. California Government Code Section 65865.2 provides, in pertinent
part, as follows:
"A development agreement shall specify the duration of the
agreement, the permitted uses of the property, the density or intensity of use,
the maximum height and size of proposed buildings, and provisions for
reservation or dedication of land for public purposes. The development
agreement may include conditions, terms, restrictions and requirements for
subsequent discretionary actions, provided that such conditions, terms and
restrictions, and requirements for subsequent discretionary actions shall not
prevent development of the land for the uses and to the density and intensity of
development set forth in the agreement. The agreement may provide that
construction shall be commenced within a specified time and that the project or
any phase thereof can be completed within a specified time."
4. California Government Code Section 65915 provides:
"that a local government, by agreement with a developer, shall
grant a density bonus of at least twenty-five (25) percent over that allowed by
the maximum density allowed in the city's zoning ordinance and land use
• element to the General Plan..."
5. The City of Rosemead seeks to subject publicly sponsored projects
to the same level of public review and scrutiny that privately sponsored projects
are subject to and development of the Garvey Avenue Community Center and
Senior Citizen Housing complex requires custom development regulations due to
the nature of the proposed development
Development Agreement
Page 2 of 10
6. Prior to the exercise of any entitlement rights hereunder, City will
own or lease that real property located entirely within the City, generally located
at 9100 and 9108 Garvey Avenue (the "Site" hereinafter), which Site is
illustrated on the "Site Map" and described on the "Legal Description", attached
hereto and incorporated herein by this reference as Exhibits "A" and "B",
respectively. The City shall ground lease the senior housing site to RHDC
pursuant to a ground lease.
7. The Site is currently zoned M-1, Light Industrial, and A-1, Light
Agricultural and development of senior housing and a community center
requires development standards not provided for in the Municipal Code. City
and RHDC desire to provide through this Development Agreement more specific
development controls on the Site which will provide for efficient utilization of the
Site in accordance with sound planning principles.
8. RHDC proposes to construct a senior housing project on the portion
of the Site identified as "Parcel 1" on the attached Site Map which will require a
• modification to the City's Zoning Ordinance for the M-1 and A-1 zones (the
"Project" hereinafter).
9. The Project shall be rented, operated and managed, and subject to
the affordability and tenant selection guidelines and covenants as determined by
the City and to be set forth in an "Assistance and Operating Agreement" by and
among RHDC, the City and the Agency, the execution of which is a condition to
the Effective Date, as hereinafter defined, of this Agreement for the senior
housing project.
10. The proposed development of low income units on the subject
property was approved by the electorate through the passage of Proposition "D"
in the Rosemead Special Municipal Election of November 5, 1991. In
furtherance of this ballot measure, City is hereby willing to permit a higher
density than typically provided for in the General Plan for multi-family
developments.
11. City proposes to cause the construction of a Community Center of
approximately 23,400 square feet plus basement area of up to 10,000 square feet
Development Agreement
Page 3 of 10
on the portion of the Site identified as "Parcel 2" on the Site map. The
Community Center is designed to serve all segments of the community including
senior citizens, children and adults and it will provide facilities for a wide range
of community activities.
12. This Development Agreement is entered into pursuant to
provisions of Article 2.5 of Chapter 4, Title 7 of the California Government Code
commencing with Section 65864 thereof.
B.
NOW, THEREFORE, the parties hereto agree as follows:
1. On Parcel 1, the Project consists of a senior housing development
on a portion of the Site with not more than sixty-four (64) one-bedroom units
containing approximately 568 square feet each and not more than eight (8) two-
bedroom units of approximately 781 square feet. The four-story housing complex
• will encompass 68,000 square feet and include community rooms, various work
and craft rooms, a library, laundry facilities, mail facilities, a managers office
and have a minimum of 21 exclusive parking spaces. The housing units will be
reserved for affordable housing to senior citizens age sixty-two (62) years or
older having a gross income less than fifty (50) percent of the median area
income with one unit devoted to the use of an on-site manager. The floor plans
for the units shall be consistent with the design standards and programs
contained in the document entitled "Garvey Avenue Community Center and
Senior Citizen Housing Project" dated August 1, 1999, on file in the Planning
Director's office and incorporated herein by this reference (hereinafter referred
• to as the "Project Design Standards")
2. On Parcel 2, the Project consists of a community center
development on the Site of approximately 23,400 square feet plus additional
basement area of up to 10,000 square feet. The Community Center will include
banquet rooms, a kitchen, an administration office and reception room, indoor
and outdoor pre-school activity space, a pool room, a television room, multi-
purpose rooms and a storage basement. The center will be served by a
minimum 167 parking spaces and 20 tandem car spaces. The floor plans for the
Development Agreement
Page 4 of 10
community center shall be consistent with the design standards and programs
contained in the Project Design Standards
3. The parties hereby agree that the zoning standards for the use of
the Site hereby are amended from those specified for the M-1 and A-1 zones to
the specific terms and provisions hereof which shall supersede conflicting
standards and requirements of the underlying zones so long as, following the
recordation of a Certificate of Completion pursuant to the terms of this
Agreement, the Project is utilized for senior housing and community center
purposes as described above. The duration of this Development Agreement shall
be five (5) years following the Effective Date, as hereinafter defined, that is,
upon the expiration of said five (5) year period commencing immediately after
the Effective Date (the "Expiration Date" hereinafter), if RHDC and City have
not then commenced construction work on the Site or any portion or portions
thereof pursuant to a building permit or permits issued by City, the development
of the Site then and thereafter shall be governed accordingly by the then current
provisions of the City Zoning ordinance as to the underlying zoning or the then
i zoning category succeeding thereto. For the foregoing purpose, construction
work shall not include preparation of plans, engineering work or grading and
shall be deemed to be commenced when footings and foundations are poured
pursuant to the building or foundation permit issued by City.
4. The Project, including all on- and off-site improvements, shall be
developed on the Site in accordance with (i) the Project Design Standards and
(ii) those requirements of the Rosemead Municipal Code not in conflict with the
foregoing and such other development standards and guidelines set forth herein.
• In this connection, RHDC and City shall cause to be prepared and submit
to the City Building Official and Planning Director detailed construction
drawings for the Project in conformance with the above listed standards for their
review and written approval. Approval of such drawings will be
administratively granted if they conform to this Development Agreement. Any
items so submitted and approved in writing shall not be subject to subsequent
disapproval.
Development Agreement
Page 5 of 10
If any revisions or corrections of plans approved by the City shall be
required by any governmental official, agency, department, or bureau having
jurisdiction, the City and RHDC shall cooperate in efforts to obtain waivers of
such requirements or to develop a mutually acceptable alternative. If no such
alternative is developed, the City shall be bound by such revisions or corrections
if they are not inconsistent with this Development Agreement.
It is understood that prior to or during construction, revisions to the
construction drawings may be requested. The City agrees to act reasonably and
in a timely fashion regarding its review and approval of such changes. Minor
changes (defined as a variation of less than ten percent (10%) of any standard)
as reasonably determined by the City's Planning Director may be reviewed and
approved by the City's Planning Department. If substantial change(s) are
desired in any approved plans, such as in architecture, building locations, gross
square footage of the building area, heights of buildings, parking ratios, or
similar items in excess of the above noted standard for a minor variation, the
proposed change shall require an amendment to this Agreement.
•
5. Whenever this Development Agreement provides for the City to
approve a document, plan or other matter, the City agrees that such approval
shall not be unreasonably withheld, conditioned or delayed.
6. The right to develop the Site shall vest on that date which all of the
following has occurred: a) thirty-first (31st) day following final adoption of the
City ordinance approving this Development Agreement; and b) the full execution
of this Development Agreement, the Assistance and Operating Agreement
between the City, RHDC, and the Rosemead Redevelopment Agency, and the
Ground Lease between the City and RHDC (applies to Parcel 1 only). Such
vesting of rights shall not be limited or affected by the fact that the constructing
entities are required to obtain building permits after the Effective Date, and at
such time as permits are obtained the same shall be effective (insofar as the
vesting of rights is concerned) to the same extent as they would have been if
obtained on the Effective Date.
- 7. The City and RHDC shall be responsible to pay all permit and
processing fees associated with the development of the Project on the Site.
Development Agreement
Page 6 of 10
8. Concurrently with the issuance of a final Certificate of Occupancy
for the Project, the City shall provide a Certificate of Completion certifying that
the development on Site has been completed in accordance with this Agreement.
The certification shall be in a form as will enable it to be recorded in the Official
Records of the County Los Angeles, and it shall constitute conclusive evidence of
the City's determination that the obligations under this Agreement have been
fully met.
9. Except as provided herein, all development standards shall meet or
exceed the minimum standards of the City Zoning Ordinance or the design
standards set forth herein. Except as expressly modified herein, all substantive
procedural requirements and provisions contained in the City's ordinances, rules
and regulations, including, but not limited to, the City Zoning Ordinance, as
amended to date, its General Plan, Public Works standards, the Building Code,
Electrical Code, Fire and Plumbing Code shall apply to the use and development
of the Site pursuant to this Development Agreement. Further, any terms or
phrases contained therein for which there are definitions provided in the City's
• Zoning Ordinance, as amended to date, shall be deemed to be utilized in
accordance with these definitions.
10. The City of Rosemead shall review this Agreement at least once
every 12 month period from the date this Agreement is executed. During each
periodic review by the City, it shall be determined if there is good faith
compliance with the terms of the Agreement. The parties to this Agreement
agree to furnish such evidence as may be required to demonstrate good faith
compliance. Evidence of good faith compliance may include, but is not
necessarily limited to, construction schedules, rent rolls and compliance with
contractual requirements.
11. The senior housing project shall be rented, operated and managed,
and subject to the affordability and tenant selection guidelines and covenants, as
set forth in an Assistance and Operating Agreement between the City, RHDC
and the Rosemead Redevelopment Agency for the time periods set forth therein.
Development Agreement
Page 7 of 10
12. No voluntary or involuntary successor in interest shall acquire any
rights or powers under this Development Agreement except as expressly set
forth herein.
13. From the Effective Date of this Development Agreement through
the Expiration Date, the terms and conditions of this Development Agreement
shall be binding and inure to any successor or assigns of this Development
Agreement.
14. City shall have the exclusive right, if this Development Agreement
or any covenants, reservations or restrictions set forth herein are breached, to
exercise all rights and remedies, to maintain any actions or suits at law or in
equity or other proper proceedings to enforce the curing of such breaches to
which it may be entitled and to enforce the obligations, covenants and
agreements of this Development Agreement.
15. This Development Agreement shall be governed by the laws of the
• State of California.
16. This Development Agreement may be amended, or any provision
hereof waived, only by written instrument executed by the parties hereto.
17. If any provision of this Development Agreement or portion thereof,
or the application to any person or circumstances, shall to any extent be held
invalid, inoperative or unenforceable, the remainder of this Development
Agreement, or the application of such provision or portion thereof to any other
persons or circumstances, shall not be affected thereby; it shall not be deemed
• that any such invalid provision affects the consideration for this Development
Agreement; and each provision of this Development Agreement shall be valid
and enforceable to the fullest extent permitted by law.
Development Agreement
Page 8 of 10
18. In accordance with California Government Code Section 65868.5, a
certified copy of this Development Agreement shall be recorded with the
Recorder of the County of Los Angeles, immediately following the thirty-first
(31st) day following the final adoption of the Ordinance adopted by City
approving this Development Agreement.
IN WITNESS WHEREOF, City and the RHDC have executed this
•
•
Agreement.
Dated: d '1999
CITY
By; ( a0
Mayor
ATTEST:
By:
City Clerk
RHDC
B
APPROVED AS TO FORM:
By:
City Attorney
Development Agreement
Page 9 of 10
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On , 1999, before me, the undersigned, a Notary Public in
and for said State, personally appeared and
, personally known to me or proved to me on the basis of
satisfactory evidence to be the persons who executed this instrument as the
Mayor and City Clerk, respectively, of the CITY OF ROSEMEAD, and
acknowledged to me that said City approved and executed it.
WITNESS my hand and official seal.
(SEAL)
C
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On , 1999, before me, the undersigned, a Notary Public in
and for said State, personally appeared and
, personally known to me or proved to me on the basis of
satisfactory evidence to be the persons who executed this instrument as the
of the ROSEMEAD HOUSING
DEVELOPMENT CORPORATION, and acknowledged to me that said
Corporation approved and executed it.
• WITNESS my hand and official seal.
(SEAL)
Development Agreement
Page 10 of 10
EXHIBIT A
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Garvey Avenue Community Center PROJECT LOCATION
and Senior Citizen Housing Project
EXHIBIT B
LEGAL DESCRIPTION
The Project Site includes certain real properties located in the City of
Rosemead, County of Los Angeles, State of California described as those
parcels of land shown in the Los Angeles County Assessor snap as parcels
5282-027-902, 5282-027-903 and 5282-028-906, 5282-028-907, 5282-028-910,
5282-028-911 and a portion of that parcel owned by the Federal Government
as appearing in the Los Angeles County Assessor map as parcel number
5282-028-908.
0