HomeMy WebLinkAbout16-47 - Resolutions - Recommending Adoption Of Ordinace, Located ON The West Side Of Achibald AVE RESOLUTION NO. 16-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION
OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO
CUCAMONGA TO APPROVE AN AMENDMENT TO DEVELOPMENT
AGREEMENT DRC2014-00610 BETWEEN THE CITY OF RANCHO
CUCAMONGA AND 7418 ARCHIBALD, LLC, FOR THE PURPOSE OF
PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH
THE SENIOR HOUSING OVERLAY ZONING DISTRICT (SHOZD),
INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT
STANDARDS, FOR THE DEVELOPMENT OF A 24,641 SQUARE FOOT,
60-UNIT SENIOR APARTMENT COMPLEX ON 2.25 ACRES OF LAND
LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF
BASE LINE ROAD, AS PROVIDED FOR IN SECTION 65864 OF THE
CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY
DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT
THEREOF, APN: 0208-031-58 AND 0208-031-59.
A. Recitals.
1. The applicant, 7418 Archibald, LLC, filed an application for Development Agreement
Amendment DRC2016-00667, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Development Agreement is referred to as "the application."
2. On the 13th day of May 2015, the Planning Commission adopted Resolution No. 15-
35 recommending the City Council approve Development Agreement DRC2014-00610 for the
purpose of providing a senior housing project in accordance with the Senior Housing Overlay
Zoning District (SHOZD), including deviating from certain development standards, for the
development of a 24,641 square foot, 60-unit, senior apartment complex on 2.25 acres of land
located on the west side of Archibald Avenue, south of Base Line Road.
3. On the 3rd day of June 2015, the City Council approved Development Agreement
DRC2014-00610.
4. On the 17th day of June 2015, the City Council adopted Ordinance No. 876 for
Development Agreement DRC2014-00610.
5. Following the June 17, 2015, City Council action the applicant submitted to the
California Tax Credit Allocation Committee (TCAC) to obtain low income tax credit financing for
the project. On February 17, 2016 the City of Rancho Cucamonga Successor Housing Agency
approved an amendment to the Acquisition, Disposition, Development, and Loan Agreement
(ADDLA) between the City and the Developer for this affordable senior housing project to allow
for the use of 4% low income housing tax credit financing, along with other financing resources,
should the Developer be unsuccessful in securing a 9% low income housing tax credit from the
TCAC. The use of 4% low income tax credits for the project required a modification to the unit
affordability due to a reduction in the amount of revenues to construct and manage the project.
This income affordability modification was included in the amendment to the ADDLA. The
Developer was unsuccessful in receiving a 9% low income tax credit approval in March 2016 and
notified the City of its intent to pursue the 4% low income housing tax credit financing.
PLANNING COMMISSION RESOLUTION NO. 16-47
DRC2016-00667 — 7418 ARCHIBALD, LLC
August 24, 2016
Page 2
6. The purpose of this Amendment is to modify the affordability requirements included in
the Development Agreement for the project as a result of the change in tax credit financing.
7. On the 24th day of August 2016, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date.
8. The subject property of the Development Agreement Amendment is legally described
herein.
9. A true and correct copy of the proposed Development Agreement Amendment is
attached as Attachment "A" to this Resolution.
10. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. This Commission hereby specifically finds that the Development Agreement
Amendment and each and every term and provision contained therein conforms to the General
Plan of the City of Rancho Cucamonga based on the following findings:
a. The proposed Development Agreement Amendment is consistent with the
objectives, policies, and general land uses specified in the General Plan and any applicable
Specific Plans; and
b. The proposed Development Agreement Amendment is compatible and in
conformity with public convenience, general welfare, and good land use and zoning practice; and
c. The proposed Development Agreement Amendment will not be detrimental to
the health, safety, and general welfare of the City; and
d. The proposed Development Agreement Amendment will not adversely affect the
orderly development of property or the preservation of property values.
3. Pursuant to the California Environmental Quality Act (CEQA) and the City's local
CEQA Guidelines, the City adopted a Mitigated Negative Declaration on June 3, 2015, in
connection with the City's approval of Development Agreement DRC2014-00610. Pursuant to
CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is
required in connection with subsequent discretionary approvals of the same project. No
substantial changes are proposed to the project that indicate new or more severe impacts on the
environment; no substantial changes have occurred in the circumstances under which the project
was previously reviewed that indicates new or more severe environmental impacts; no new
important information shows the project will have new or more severe impacts than previously
considered; and no additional mitigation measures are now feasible to reduce impacts or different
PLANNING COMMISSION RESOLUTION NO. 16-47
DRC2016-00667 — 7418 ARCHIBALD, LLC
August 24, 2016
Page 3
mitigation measures can be imposed to substantially reduce impacts. On June 3, 2015, the City
adopted a Mitigated Negative Declaration regarding the proposed development of a 24,641
square foot, 60-unit, senior apartment complex on 2.25 acres of land located on the west side of
Archibald Avenue, south of Base Line Road. Accordingly, there have been no substantial
changes to the project or the circumstances surrounding the project which would create new or
more severe impacts than those evaluated in the previous Mitigated Negative Declaration. Staff
further finds that the project will not have one or more significant effects not discussed in the
previous Mitigated Negative Declaration, not have more severe effects than previously analyzed,
and that additional or different mitigation measures are not required to reduce the impacts of the
project to a level of less-than-significant.
4. This Commission hereby recommends approval of the Development Agreement
Amendment attached hereto as Attachment "A" with the special condition which follows:
a. The final draft of the Development Agreement Amendment shall be reviewed and
accepted by the City Attorney prior to approval by City Council.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 24TH DAY OF AUGUST 2016.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, Chairman
ATTEST:
Candy.jBurnett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 24th day of August 2016, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLETCHER
ABSTAIN: COMMISSIONERS: NONE
RECORDING REQUESTED BY:
CITY OF RANCHO CUCAMONGA
and
WHEN RECORDED MAIL TO:
City Clerk
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA, 91729
Exempt from Recording Fee per Government Code 6103
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZENS'
HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC
(CO 15-122)
Title of Document
ATTACHMENT A
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZEN'S
HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is made and
entered into as of this day of , 2016, by and between 7418 ARCHIBALD, LLC, a
California limited liability company ("Developer") and the CITY OF RANCHO CUCAMONGA, a
municipal corporation organized and existing under the laws of the State of California ("CITY").
RECITALS
A. On June 17, 2015 the City Council adopted Ordinance 876 approving a Development
Agreement ("Development Agreement") with the Developer, recorded on July 21, 2016
with a document number of 2016-0292138, which provided for the development of 59
affordable senior housing units with one manager's unit located at 7418 Archibald
Avenue which consists of two parcels of land totaling 2.25 acres in the City of Rancho
Cucamonga.
B. On February 17, 2016 the City of Rancho Cucamonga, as Successor Housing Agency to
the Rancho Cucamonga Redevelopment Agency, approved an amendment to the
Acquisition, Disposition, Development, and Loan Agreement ("ADDLA") between the
City and the Developer for this affordable senior housing project to allow for the use of
4% low income housing tax credit financing, along with other financing resources,
should the Developer be unsuccessful in securing a 9% low income housing tax credit
from the California Tax Credit Allocation Committee ("TCAC"). The use of 4% low
income tax credits for the project required a modification to the unit affordability due to
a reduction in the amount of revenues to construct and manage the project. This
income affordability modification was included in the amendment to the ADDLA.
C. The Developer was unsuccessful in receiving a 9% low income tax credit approval in
March 2016 and has notified the City of its intent to pursue the 4% low income housing
tax credit financing.
D. The purpose of this First Amendment is to modify the affordability requirements
included in the Development Agreement for the project as a result of the change in tax
credit financing.
E. Capitalized terms used, but not defined, in this First Amendment shall have the meaning
set forth in the Development Agreement.
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AMENDMENT
1. Section 1.a. shall be deleted in its entirety.
2. Section 1.b. shall be deleted and replaced with:
b. "Affordable Rents" shall mean the total charges for rent, utilities and
related services that are no greater than that considered as "affordable rent" for low-income
households, adjusted for family size appropriate to the unit, pursuant to Section 50053 of the
California Health and Safety Code, as amended, or any successor statute thereto. The maximum
housing cost for the Qualified Tenant for each of the income levels set forth in this Agreement
must comply with the regulations promulgated by the California Department of Housing and
Community Development Sections 6910-6932 in Title 25 of the California Code of Regulations,to
the extent such regulations govern density bonuses and other incentives pursuant to Section
65915 of the Government Code. Initial rents for each unit shall be set by the Developer at the
time of initial occupancy of the Development. Rents may be adjusted annually by the same
percentage that Area Median Income has increased, if any, for an Extremely Low Income
Qualified Tenant, a Very Low Income Qualified Tenant and a Lower Income Qualified Tenant.
Rents may be set at the California Tax Credit Allocation Committee allowable rents for a specific
year for the income categories of Qualified Tenants as specified in this Agreement. Tenants
occupying units restricted by this Agreement shall be given at least thirty(30) days written notice
prior to any rent increase. Examples of these affordable rent calculations are attached on Exhibit
C.
3. Section 8. Rental Requirements. shall be deleted in its entirety and replaced with:
Section 8. Rental Requirements.
During the Qualified Project Period, at least:
a. Five (5)of the units shall be rented, leased or held available for Extremely Low Income
Qualified Tenants whose income does not exceed thirty percent (30%) of the Area
Median Income, adjusted by family size appropriate to the unit, less a utility
allowance.
b. Seven (7) of the units shall be rented, leased or held available for Very Low Income
Qualified Tenants whose income does not exceed fifty percent (50%) of the Area
Median Income, adjusted by family size appropriate to the unit, less a utility
allowance.
c. Seventeen (17) of the units shall be rented, leased or held available for Lower Income
Qualified Tenants whose income does not exceed sixty percent (60%) of the Area
1076\55\1927081.2
Median Income, adjusted by family size appropriate to the unit, less a utility
allowance.
d. All other units, excluding one manager's unit, in the Project shall be rented, leased or
held available for Lower Income Qualified Tenants. Each unit must be occupied by a
Senior Household as its primary residence, and shall not be sublet.
4. Except for the modifications expressly made herein, the Development Agreement remains
unmodified and in full force and effect.
5. Pursuant to Section 65868.5 of the Government Code, the Parties shall mutually assure that
a copy of this First Amendment is recorded against the Site, with the County Recorder of San
Bernardino County within 10 days after the effective date of the Ordinance approving this
First Amendment.
SIGNATURES ON FOLLOWING PAGE
1076\55\1927081.2
IN WITNESS WHEREOF,this Agreement has been executed by the parties and shall be
effective on the Effective Date set forth herein.
DEVELOPER: CITY:
7418 ARCHIBALD LLC, a California CITY OF RANCHO CUCAMONGA, a municipal
limited liability company corporation
By: Orange Housing Development Corporation,
a California nonprofit corporation, its
member By:
L. Dennis Michael
Mayor
By:
Eunice Bobert
Chief Executive Officer ATTEST:
By: C&C Development Co., LLC, a California
limited liability company, its member
Janice C. Reynolds, City Clerk
By:
Todd R. Cottle, its member
APPROVED AS TO FORM:
By: The Cottle Family Trust Dated 3/8/1987, its
member RICHARDS,WATSON &GERSHON
By:
Barry A. Cottle,Trustee
By:
City Attorney
1076\55\1927081.2
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy,or validity of that document.
State of California
County of San Bernardino
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
1076\55\1927081.2
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of San Bernardino
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
1076\55\1927081.2
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached,and not the truthfulness,
accuracy, or validity of that document.
State of California
County of San Bernardino
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
1076\55\1927081.2
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of San Bernardino
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
1076\55\1927081.2