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ATTACHMENT 10 <br /> Art Wilen, Golden Eagle Homes HOA President, thanked the Council for its decision to reinstall the <br /> lights along Foothill Road and for righting an 18 -year wrong. For safety reasons he asked the <br /> Council to reconsider the decision not to install the last 3 lights. <br /> Mayor Hosterman reminded the public that the Council asked staff to work with neighborhood <br /> residents to find an equitable solution to the lighting issues. <br /> Carmen Rivera voiced concern with handicapped accessibility throughout the City and particularly <br /> with several areas that urgently need work. She also stated that the lack of low- income housing and <br /> universal design need to be addressed and that the community is frustrated by the lack of action. <br /> PUBLIC HEARINGS AND OTHER MATTERS <br /> 11. Public Hearing: PUD- 84- 21 -4M, Braddock and Logan Consideration of an application for a <br /> PUD major modification to add 12 new units in three buildings and miscellaneous site <br /> modifications at the Civic Square apartments located at 4800 Bernal Avenue and a draft <br /> Affordable Housing Agreement <br /> Brian Dolan, Director of Community Development, presented the staff report, stating that the project <br /> consists of the addition of 12, 2- bedroom units to an existing development that sits on 13.5 acres to <br /> the south of the Civic Center complex. The applicant is proposing to construct 3 new buildings of 4 <br /> units each, new office space, and to convert and expand the existing office space into improved <br /> recreational facilities. The development is centrally located to the downtown area, transit stations, <br /> shopping center, the senior center, and the middle school. <br /> The proposed project would primarily occur directly to the south of the library and in the area of the <br /> development's existing tennis court which is underused and plagued with maintenance issues. The <br /> buildings' design and scale match that of the existing structures with some enhancements. They <br /> also avoid existing vegetation and include a landscaping plan that provides ample additional <br /> vegetation in both locations. The project would displace a total of 8 parking spaces but staff has <br /> determined the current number of spaces which is 100 over what is required by code, are under- <br /> utilized. <br /> In addition to the actual development and PUD amendment, the Council is being asked to consider <br /> an affordable housing agreement. While the project is not subject to the Inclusionary Zoning <br /> Ordinance (IZO), the applicant and staff have negotiated the provision of 12 affordable housing <br /> units to be distributed throughout the project. Two units would be made available for low- income <br /> households with the remainder available for those of moderate income. The agreement would carry <br /> a 30 -year term as opposed to the perpetuity clause of agreements mandated by the IZO. <br /> Mr. Dolan said staff considers this to be a good in -fill project, it is exempt from CEQA, and that the <br /> addition of the affordable housing agreement meets all of the appropriate regulations and plans for <br /> the downtown area. <br /> Vice -Mayor Cook- Kallio asked why the housing agreement is not in perpetuity. Mr. Dolan explained <br /> that the applicant has no obligation to provide any affordable housing options and that staff was <br /> able to negotiate a 30 -year term to the agreement. <br /> Mr. Fialho explained that the project was originally approved prior to adoption of the IZO which calls <br /> for perpetuity clauses being adopted. In addition, the IZO has a minimum threshold of 15 units and <br /> the applicant is only proposing 12 additional units for the project. <br /> City Council Minutes Page 4 of 13 May 19, 2009 <br />