HomeMy WebLinkAboutOrdinance No. 04-I-B EXHIBIT B - MEASURE B
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA,
APPROVING AND AUTHORIZING EXECUTION OF
A DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF AZUSA AND MONROVIA NURSERY COMPANY
ORDINANCE NO. 04-I-B
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA,
APPROVING AND AUTHORIZING EXECUTION OF
A DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF AZUSA AND MONROVIA NURSERY COMPANY
WHEREAS, on February 3, 2003 the City Council of the City of Azusa
adopted certain resolutions for the Monrovia Nursery Project, specifically
Resolution No. 03-C7 certifying the Final Environmental Impact Report and
adopting a Statement of Overriding Considerations land a Mitigation Monitoring
Program; Resolution No. 03-C8 approving General Plan Amendment No. GPA
2002-03; Resolution No. 03-C9 approving Vesting Tentative Tract Map 54057;
and Resolution No. 03-C10 to initiate proceedinigs with the Local Agency
Formation Commission for reorganization (annexation); and
WHEREAS, on February 18, 2003 the City Council of the City of Azusa
adopted certain ordinances for the Monrovia N rsery Project, specifically
Ordinance No. 03-01 adopting Zone Change No. Z-2002-03; Ordinance No. 03-
02 adopting the Monrovia Nursery Specific Plan; land Ordinance NO. 03-03
approving the pre-zoning of the 433-acre portion of the project site within the
County of Los Angeles; and
WHEREAS, in conjunction with the above development entitlements for
the Monrovia Nursery Project, the City and Monrovia Nursery Company
("Monrovia Nursery") negotiated the terms of a Development Agreement for
the Monrovia Nursery Project; and.
WHEREAS, local governments are authorized by the Government Code
Section 65864 et seq., to enter into development agreements with any person
having legal or equitable interest in real property for the development of that
property; and
WHEREAS, the Planning Commission reviewed the terms of the
Development Agreement, conducted a public hearing on December 17, 2003,
and adopted Resolution No. 2003-44 recommending approval of the
Development Agreement to the City Council; and
WHEREAS, the City Council held a public hea ing on January 5, 2003 and
reviewed the proposed Development Agreement, at(which time they considered
the recommendation of the Planning Commission, considered all public
testimony and continued the public hearing to January 20, 2003 in order to
include amendments requested by the City Council; and
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WHEREAS, the Development Agreement icontains all the necessary
elements required by Government Code Section 65864 et seq. and Chapter 88,
Division 14 of the City of Azusa Municipal Code; and
WHEREAS, the City Council desires to put the approval of the
Development Agreement between the City and Monrovia Nursery before the
qualified voters of the City of Azusa; and
WHEREAS, the City Council is authorized under California Elections Code
section 9222 to submit to the qualified voters of the City a ballot measure
regarding approval of the Development Agreement between the City of Azusa
and the Monrovia Nursery Company.
NOW THEREFORE, the people of the City of Azusa do hereby ordain as
follows:
SECTION is The Development Agreement implements the Monrovia
Nursery Specific Plan, which has been found to be consistent with the General
Plan of the City of Azusa and the Guiding Principles iof the General Plan Update.
The City Council finds that the Development Agreement is therefore also
consistent with the Azusa General Plan and the Guiding Principles of the General
Plan Update as set forth in Exhibit 1, attached hereto and incorporated herein
by reference.
SECTION 2: The environmental impacts of the Monrovia Nursery
Specific Plan were carefully analyzed, reported, and determined during the
adoption process, and the City Council certified the Final Environmental Impact
Report (SCH#2002071046) ("Final EIR"), in compliance with the California
Environmental Quality Act. At a regular session assembled on January 21,
2003, the City Council determined that, based on all of the evidence presented,
including but not limited to the Final EIR, written and oral testimony given at
meetings and hearings, and submission of testimony from the public,
organizations and regulatory agencies, the environmental impacts associated
with the Project are: (1) less than significant and dio not require mitigation; or
(2) potentially significant and each of these impacts will be avoided or reduced
to a level of insignificance through the identified mitigation measures and/or
implementation of an environmentally superior alternative to the proposed
Project; or (3) significant and cannot be fully mitigated to a level of less than
significant but will be substantially lessened to the extent feasible by the
identified mitigation measures. Because the Development Agreement between
the City and Monrovia Nursery implements the Specific Plan, adds more clarity
to the conditions of approval, and is consistent with the Specific Plan, the Final
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EIR has adequately analyzed potential environmental impacts of the
Development Agreement.
In addition, the people find that none of the conditions described in California
Code of Regulations, Title 14, Chapter 3, Section 115162 are present, including
the following:
1. Approval of the Development Agreement does not propose
substantial changes which will require major revisions to the prior
approved EIR due to the involvement of new significant effects or a
substantial increase in the severity of previously identified
significant effects; and
2. Approval of the Development Agreement does not create
substantial changes with respect to the circumstances under which
the project is being undertaken which would require major
revisions to the prior EIR; and,
3. Approval of the Development Agreement does not reveal new
information of substantial importance, which was not known and
could not have been known with the exercise of reasonable
diligence at the time the prior EIR was certified.
Approval of the Development Agreement merely implements the Specific Plan
and clarifies the conditions of approval that were already imposed on the
project.
SECTION 3. The Development Agreement will not adversely affect
the orderly development of property or the preservation of property values.
SECTION 4. The Development Agreement will not be detrimental to
the health, safety, and general welfare of persons residing in the immediate
area, nor be detrimental or injurious to the general welfare of the residents of
the City as a whole.
SECTION 5: The people of the City Azusa hereby approve the
Development Agreement attached hereto as Exhibit 2, and authorize and direct
the Mayor to execute said Agreement on behalf of the City. Notwithstanding
anything to the contrary in State law, future amendments to the Development
Agreement may be approved in accordance with both the terms of the
Development Agreement and the California Govern i ent Code provisions, if any,
applicable to the amendment of development agreements.
SECTION 6: This Ordinance shall be r osted in accordance with
provisions of the Azusa Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
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SECTION 7: The City Clerk shall certify the adoption of this
ordinance and shall cause the same to be published as required by law.
PASSED AN 0 this 4T" day of 2004.
Cristina Cruz Madrid, MAYOR
ATTEST:
CITY CLERK
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Exhibit 1
CONSISTENCY FINDINGS WITH THE AZUSA GENERAL PLAN
AND GUIDING PRINCIPLES OF THE GENERAL PLAN UPDATE
The Planning Commission finds that the Developmlent Agreement implements
the Monrovia Nursery Specific Plan, and is therefore consistent with the Guiding
Principles of the General Plan Update and goals and policies of the existing
General Plan:
Guiding Principle #1 - Natural & Community Environment
Vision: Protect the foothills, preserve natural habitat and
terrain and integrate nature into futurel development and use.
Enhance the existing fabric of Azusa neighborhoods with new
development integrated into the rest ofi the community by open
access and compatible neighborhood design:
• Natural and historic flow of water enhances the area
Historic resources are preserved, with the development
Public and private views are protected and development is
compatible with surrounding neighborhoods and uses,
including the Dhammakaya Retreat Center
The Specific Plan celebrates the natural and community
environment.
■ The foothills are preserved and the existing biological
resources are protected. The development plan does not
extend beyond existing Nursery operations, ensuring
protection of the foothills by preserving 170 acres of
natural open space.
■ The land plan provides a drainage arroyo in the general
location of the historic canyon that drained the foothills.
The arroyo will convey storm flows, contain natural riparian
habitat, provide bio-filtration to treat urban pollutants, and
include a trail system connecting to the Garcia Trail.
■ The land plan maximizes the number of connections to the
City. Furthermore, the realignment of Sierra Madre Avenue
includes a linear park and trail connecting to the City and
the arroyo trail.
■ The romantic bent grid design of the Park Neighborhood
minimizes landform alteration by incorporating the existing
topography into the land plan. Furthermore, the bent grid
causes roof and front elevation movement minimizing the
view of one continuous row of homes.
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■ Historic resources, such as the Covina Canal and the
Vosburg House, are being preserved to the extent feasible.
While the potable water in the Covina Canal will be placed
in an underground pipe, the open channel canal structure
will remain and possibly carry storm runoff. The Vosburg
House will remain on site and continue to function as
Monrovia Nursery's headquarters. The Specific Plan EIR
includes an assessment and mitigation measures for the
cultural resources on-site.
■ The Specific Plan is compatible with surrounding land uses
and creates new great neighborhoods that benefit the
entire community. Existing land uses are buffered. The
Dhammakaya is buffered on the west by the Vosburg
House; on the south by a roadway and landscaped
detention facility; and on the north and east by a
landscaped slope. The homes baIcking onto the Nursery in
the Nob Hill neighborhood are buffered by a landscaped
drainage course. The homes in Glendora that back onto
the Nursery are buffered by a park and landscaped slopes.
The homes that currently take access from Sierra Madre
Avenue will be provided with a new private driveway.
Guiding Principle # 2 — Quality Neighborhoods & Homes
Vision: Maintain Azusa's family-oriented community identity by
offering a diversity of home ownership opportunities, reflecting
traditional neighborhood patterns:
• Dominant housing type is single family detached homes
attractive to middle and upper income home buyers
• Architectural styles and features draw on historic patterns
and scale
High quality construction, home (design, and neighborhood
amenities promote well-being and maintain value.
The Specific Plan has been designed as an extension of Azusa's family-
oriented traditional neighborhoods.
The Specific Plan has three neig I borhoods based on
planning principles that have held value over time. The
world-renowned landscape architect and planner, Frederick
Law Olmstead, pioneered these principles. The Park
Neighborhood is based on a romantic bent grid network
formed around parks. The Village Core Neighborhood is
designed as an activity center focused around the arroyo
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and private recreation facility. The Promenade District is
patterned after the great walking streets of the world.
Examples of local communities that were planned around
these principles include Palos Verdes Estates, Beverly Hills.
and the Vista Bonita neighborhood in Azusa.
■ The Park Neighborhood constitutes 17.3 percent of the
Nursery property while the Village Core and Promenade
District constitute 2.2 percent and 7.7 percent
respectively. Both the Village Core and the Garden Court
Neighborhood in the Promenade District allow for detached
rear-loaded housing.
• In the Park Neighborhood, Village Core, and Promenade
District all streets have parkway separated sidewalks and
street trees, and a majority of the streets open onto
parks. These amenities are shared by everyone in the
community.
■ Architecture in all neighborhood de-emphasizes the
garage. The living portion of thel homes are pulled forward
toward the street with outdoor lilving space such as
porches, stoops, and balconies. This architectural design
encourages neighborhood interaction, a pedestrian
lifestyle, and promotes safety by allowing for "eyes on the
street."
■ The architecture in all three neighborhoods is based on
heritage architecture from the San Gabriel Valley.
Examples include Spanish Colonial, Craftsman, European
Cottage, American Traditional, Monterey, and American
Farmhouse. The Specific Plan identifies elements for each
style that make the style accurate and recognizable. The
Specific Plan promotes the "Simple House" concept, which
encourages simple plan forms and elevations that reduce
costs while providing authentic architectural form and
massing.
• The Specific Plan identifies a variety of housing products
that range in size and price. Furthermore, the Promenade
District has seven different building typologies. This variety
in housing types, sizes, and prices provides
homeownership opportunities foa variety of people in
different stages of homeownership.
■ The Specific Plan includes housing products for the middle
to upper income buyer. In the Promenade District, housing
prices are anticipated to range from the low to high
$200,000s. The Village Core may see housing prices from
the mid-$200,000s to over $300,000. In the Park
Neighborhood housing prices are expected to begin in the
low $300,000s and extend well above $500,000.
Guiding Principle # 3 — Mobility & Mix of Uses
Vision: Create a walkable business campus adjacent to a future
Gold Line light rail stop, blended and connected with adjacent
residential neighborhoods and the emerging University District to
the south:
• Campus-style office space suits i le for high-tech, corporate
or institutional users
• A shared neighborhood core with small-scale retail/service
businesses for transit riders, business park employees and
surrounding residents
• Compatible townhomes and apartments
The Promenade District creates a mixed-use neighborhood that
promotes transit, commerce, and highl-quality residential
development.
• The Specific Plan incorporates space near Citrus Avenue for
a future light rail transit station.
■ A transit plaza is planned adjacent to the light rail station
as a formal park and inviting gathering place surrounded
by transit-oriented retail.
■ Mixed use, live/work, and three-story residential are the
land uses planned around the transit center to create the
community of persons who will embody the vision of a
transit-oriented district.
■ The transit plaza anchors the Promenade, which is a great
walking street that connects the plaza to the residences of
the Promenade District.
■ The residences in the Promenade District are planned as
for-sale housing. The only rentall would occur in the area
surrounding the transit square as a mixed-use
development, with apartments above retail or office uses.
Guiding Principle # 4 — Green Spa I es & Public Uses
Vision: Build on the green and open character of the natural setting
and history by incorporating passive green space and active
recreational facilities. Incorporate abundant public and neighborhood-
serving facilities such as schools, child-care, and gathering places:
• A system of neighborhood parks to serve local residents
and larger parks as a resource for the entire community
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• Comprehensive trail system for walking, hiking, and biking
• Distinctive landscaping/greenery/greenbelts/trees
• Hillside open space
Azusa's heritage is tied to the San Gabriel Canyon and
Mountains. The Specific Plan fosters that heritage through a
series of parks, open space, and trail connections that will
incorporate landscape commemorative of the Nursery and great
botanic gardens of the world.
■ The arroyo provides a spiritual, visual, and physical
connection through the new community to the mountains.
The arroyo is a natural corridor located on top of a historic
drainage canyon. The arroyo will function has a natural
park with riparian habitat and a trail system connecting to
the Garcia Trail. The trail system will pass underneath
Sierra Madre Avenue.
■ Parks were used to form and create the land plan instead
of being an afterthought. The Park Neighborhood is
designed to provide parks within the line of sight and
within a five-minute walk from all the residential
neighborhoods.
■ The Specific Plan provides for a variety of parks. Some
parks are designed with ballfields and turf area for active
recreation. Other parks are more passive in nature
designed for viewing and sitting. Along Sierra Madre
Avenue a linear park provides both view opportunities and
trail connections between Azusa the arroyo trail, and
Glendora. The Promenade includes a linear formal park
that offers views, community gathering opportunities, and
spectacular landscape. In total 18 acres of public park will
be dedicated to serve both the existing and new members
of the City of Azusa.
■ The trail system is an important part of the land plan.
Every street has parkway-separated sidewalks to promote
pedestrian activity. The realignmlent of Sierra Madre
Avenue will include a new linear park and trail providing a
trail connection between the City of Azusa and Glendora.
The arroyo includes a trail providIing north/south access
throughout all the neighborhoods. Furthermore, the
Promenade District is designed as a walking district.
■ In addition to public parks, the Specific Plan includes a 2.1-
acre private recreation facility. This facility will provide a
community room, pool, and other recreational amenities.
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■ The Specific Plan celebrates the heritage of the Nursery by
incorporating botanical garden themes and historic
references to Nursery plantings.
■ A Great Park consisting of a 9.O1 acre public school and
5.5-acre joint use park anchor the system of parks. The
school is designed to accommodate students from
kindergarten through eighth grade.
• The Specific Plan does not extend beyond existing nursery
operations and allows for 170-acres of natural open space
to be preserved in perpetuity in the foothills.
GENERAL PLAN LAND USE ELEMENT
Primary Community-Wide Land Use Goals
1. Provide an orderly, functional, and compatible land use pattern to
guide the future growth and development of Azusa and its planning
area.
2. Ensure that the type, amount, design and pattern of all land uses
throughout the City and planning area serve to protect and enhance
the character and image of Azusa as a desirable residential urban
community.
3. Provide for an orderly pattern of future development and change
throughout the City that will be both compatible with and beneficial
to existing land uses and which will ensure residents of a desirable
urban environment in which to live, work, shop and play.
4. Allow development in the San Gabriel Mountain' foothills only when
proper consideration has been shown for all environmental and
safety factors.
The Specific Plan includes great neighborhoods designed to
complement and enhance the surrounding three new neighborhoods.
■ Time-honored planning principles of the world-renown
landscape architect and planner, Frederick Law Olmstead,
are the foundation for the neighborhoods. The Park
Neighborhood is based on a romantic bent grid network
formed around parks. The Village Core Neighborhood is
designed as an activity center focused around the arroyo
and private recreation facility. The Promenade District
Neighborhood is patterned after the great walking streets
of the world. Examples of comm nities that were planned
around these principles include Palos Verdes Estates,
Beverly Hills, and the Vista Bonita neighborhood in Azusa.
• The Specific Plan maximizes the number of connections to
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the adjoining neighborhoods. Roadway connections are
provided at View Crest, Sierra Madre Avenue, Ninth Street,
Palm Drive, and Citrus Avenue. Furthermore, the
realignment of Sierra Madre Avenue includes a linear park
and trail connecting the City to the arroyo trail and the City
of Glendora.
■ Parks were used to form and create the Specific Plan
instead of being an afterthought. The Park Neighborhood is
designed to provide parks within the line of sight and
within a five-minute walk from the residential
neighborhoods.
■ The Specific Plan provides for a variety of parks. Some
parks are designed with ballfields and turf area for active
recreation. Other parks are more passive in nature
designed for viewing and sitting.) Along Sierra Madre
Avenue a linear park provides both view opportunities and
trail connections between Azusa) the arroyo trail, and
Glendora. The Promenade includes a linear formal park
that offers views, community gathering opportunities, and
spectacular gardens. In total 18 )acres of public parks will
be dedicated to serve both the existing and new members
of the City of Azusa.
• The trail system is an important (part of the Specific Plan.
Every street has parkway-separated sidewalks to promote
pedestrian activity. The realignmient of Sierra Madre
Avenue will include a new linear park and trail providing a
trail connection between the City of Azusa and the City of
Glendora. The arroyo includes a trail providing north/south
access through the entire comimilinity. Furthermore, the
Promenade District is designed as a walking district.
■ The foothills are preserved and the existing biological
resources are protected. The Specific Plan does not extend
beyond existing Nursery operations, ensuring protection of
the foothills by preserving more than 170 acres of natural
open space.
■ The Specific Plan includes housing products for the middle
to upper income buyer. In the Promenade District, housing
.prices are anticipated to range from the low to high
$200,OOOs. The Village Core may see housing prices from
the mid-$200,OOOs to over $300,000. In the Park
Neighborhood, housing prices are expected to begin in the
low $300,OOOs and extend well above $500,000.
RESIDENTIAL LAND USE GOALS
1. Encourage the maintenance and conservation of existing
single-family homes and the preservation of existing low-
density neighborhoods throughout the community.
2. Provide for a well-balanced variety of housing
arrangements, opportunities and densities, each
appropriately located with references to topography, traffic
and circulation, community facilities, and aesthetic
consideration.
3. Ensure the development of schoi I, park, and other
necessary public facilities well related to residential
neighborhoods.
4. Encourage only additional residential development that is
necessary to replace older deteriorated housing stock and
to provide for the natural increase in population, but not to
encourage higher densities that will stimulate population
growth.
5. Encourage the assemblage of small lots into larger parcels
to maximize land use efficiency in areas permitting higher
densities.
Supporting Objectives
To encourage programs or citizens' efforts that are
directed toward neighborhood or community beautification
and improvement.
To encourage a full range of public improvements and
services to all residential neighborhoods.
To encourage a continuing program of community
preservation and rehabilitation.
To provide for a distribution of population through the use
of a variety of densities and housing types throughout the
City in order to avoid undesirable and inefficient
concentrations of the population in any one location of the
community.
To encourage the development of residences for all
economic segments of the City and to also encourage the
ownership of these units in order to increase neighborhood
stability.
To ensure that all residential development proposals
include an adequate and detailed analysis of the impact on
the entire community and of the (community's ability to
sustain it, in terms of provision oif such factors as adequate
access, off-street parking, reasonable demands on utilities
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and public facilities, and others that might affect residential
or community quality.
To ensure that all new development is compatible with the
Circulation Element and existing street system and that the
system will adequately handle the expected traffic
increase.
The Specific Plan provides a variety of new housing types, sizes, and
prices formed around public open space and parks.
■ The Specific Plan identifies a va jiety of housing products
throughout the community that range in size and price.
Furthermore, the Promenade District has seven different
building typologies. This variety lin housing types, sizes,
and prices provides homeownership opportunities for a
variety of people in different stages of homeownership.
The higher density housing types surround the transit
station to create a bustling, walkable transit neighborhood.
The transit neighborhood is located in the southeast
portion of the site adjacent to Citrus Avenue. The
topography is more conducive to a pedestrian friendly
district and a commuter rail stops in this location but would
not preclude rail stops in downtown Azusa and downtown
Glendora. Furthermore, this location would promote transit
use by Citrus College and Azusa Pacific University students.
The transit neighborhood is linked to the rest of the
Promenade District by a formal linear park that serves as a
gathering spot and pedestrian way.
■ The Specific Plan includes housing products for the middle
to upper income buyer. In the Promenade District, housing
prices are anticipated to range f om the low to high
$200,OOOs. The Village Core may see housing prices from
the mid-$200,OOOs to over $3001,000. In the Park
Neighborhood housing prices are expected to begin in the
low $300,OOOs and extend well above $500,000.
• Parks were used to form and create the land plan instead
of being an afterthought. The Park Neighborhood is
designed to provide parks within line of sight and within a
five-minute walk from the residential neighborhoods.
• The Specific Plan provides for a variety of parks. Some
parks are designed with ballfields and turf area for active
recreation. Other parks are more passive in nature
designed for viewing and sitting. long Sierra Madre
Avenue a linear park provides both view opportunities and
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trail connections between Azusa, the arroyo trail, and
Glendora. The Promenade includes a linear formal park
that offers views, community gathering opportunities, and
spectacular landscape. In total 18 acres of public parks will
be dedicated to serve both the existing and new members
of the City of Azusa.
■ The two-story design of the proposed residences enhances
the value of one-story designs in the City, instead of
directly competing against the City's existing housing
stock.
■ A Great Park of 14.5 acres, the largest in the City,
consisting of a 9.0-acre public school and 5.5-acre joint
use park, anchor the park system. The school is designed
to accommodate students from kindergarten through
eighth grade.
■ The Specific Plan provides a drainage arroyo in the general
location of the historic canyon that drained the foothills.
The arroyo will convey storm flows, contain natural riparian
habitat, provide bio-filtration to treat urban pollutants, and
include a trail system connecting to the Garcia Trail.
■ The architecture and street scene in all neighborhoods de-
emphasizes the garage. Each neighborhood has parkway-
separated sidewalks with street trees. The living portion of
the homes are pulled forward toward the street with
outdoor living space such as porches, stoops, and
balconies. Garages are pushed back away from the street
and de-emphasized so that each home has a recognizable
front instead of a series of garage doors. This architectural
design encourages neighborhood interaction, a pedestrian
lifestyle, and promotes safety by allowing for "eyes on the
street."
• A Homeowner's Association (HOA) will govern the new
development by enforcing specific codes and covenants
designed to promote community consistency, maintenance
and value. The HOA will also include community programs
to encourage neighbor participation.
■ The Specific Plan contributes substantial monies toward
community infrastructure improvements, such as
improvements to the street system, water system, and
sewer system.
• The Specific Plan EIR assessed potential impacts of the
proposed development on the surrounding community.
Topics such as traffic, air quality, noise, hydrology,
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geology, biology, and hazards were analyzed in detail.
Where the proposed developmeint caused adverse impacts,
mitigation measures were incorporated into the plan.
COMMERCIAL LAND USE GOALS
1. Promote the development of commercial facilities which
are convenient to residents and which provide the widest
possible selection of goods and services, in keeping with
sound economic principles of retail locations.
2. Ensure an economically strong and balanced commercial
sector of the community that is easily accessible,
attractive, and meets the commercial needs of the market
area.
3. Encourage the revitalization of the central downtown
business district.
Supporting Objectives
• To encourage the clustering of businesses, landscaping,
development of small commercial centers with shared
parking, and other development techniques that will
improve the visual appearance and efficiency of existing
,"strip" commercial development along arterial streets.
• To achieve strong investment and consumer support for
the commercial sector of the community.
• To preserve the integrity of commercial areas by
prohibiting the mixture of incompatible noncommercial
uses within these areas.
• To ensure adequate parking, attractive landscape and
architectural design, and good access to the commercial
area from its service area.
• To undertake a study of the central downtown business
district followed by effective revitalization efforts.
The Specific Plan proposes minimal co mercial opportunities to
serve the new development without competing with established
commercial centers in the City.
■ A modest amount (30,000 to 50,1000 square feet) of transit
oriented commercial uses are permitted in the transit
village.
■ Live/work is a building typology permitted in most of the
Promenade District, allowing the towner of the residence to
also have an office on the first floor, but the design
functions equally as well as pure residential.
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COMMUNITY FACILITY LAND USE iGOALS
1. Provide for a land use configuration in Azusa that provides
adequate, easily accessible and appropriate community
facilities and utilities while minimizing taxes and operations
to within reasonable levels.
Supporting Objectives
To provide for a community-wide balance of community
facilities that will not create excessive demands on facilities
and utilities, especially in areas of development
concentration.
To encourage the use of alternative energy sources, such
as solar energy, and energy-related environmental criteria
in the design, construction and lit orientation of new or
proposed buildings.
• To explore the feasibility and potential for the multiple-use
of existing public or quasi-public rights-of-way for
recreational purposes.
• To provide for adequate park and recreation facilities to
meet the demands of present and future Azusa citizens.
The Specific Plan was designed to minimize impacts on the City's
community and utility facilities.
■ Development of the Monrovia Nursery property will require
substantially less water use than the existing Monrovia
Nursery operations.
• Development of the Monrovia Nursery property will require
substantially less electricity use than the existing Monrovia
Nursery operations.
■ The Specific Plan provides the largest contiguous open
space in the City by connecting the Great Park with the
arroyo nature park to the wilderness park in the
mountains.
■ Parks were used to form and create the land plan instead
of being an afterthought. The Park Neighborhood is
designed to provide parks within the line of sight and
within a five-minute walk from the residential
neighborhoods.
• The Specific Plan provides fora variety of parks. Some
parks are designed with ballfields and turf area for active
recreation. Other parks are more passive in nature
designed for viewing and sitting. Along Sierra Madre
16
Avenue a linear park provides both view opportunities and
trail connections between Azusa, the arroyo trail, and
Glendora. The Promenade includes a linear formal park
that offers views, community gathering opportunities, and
spectacular landscape. In total 18 acres of public parks will
be dedicated to serve both the existing and new members
of the City of Azusa.
• A Great Park consisting of a 9.O1acre public school and
5.5-acre joint use park anchor the system of parks. The
school is designed to accommodate students from
kindergarten through eighth grade.
■ The Specific Plan includes a 2.1-acre private recreation
facility open to the new residents of the Monrovia Nursery
development. The private recreation facility will include a
pool and other recreation amenities.
• The new development will include a Community Facilities
District and Homeowner's Association to provide financial
opportunities for construction and maintenance of the
proposed community facilities.
■ The City has prepared a fiscal impact analysis to determine
the long-term financial implications of the proposed
development for the City.
CIRCULATION/TRANSPORTATION LAND USE GOALS
1. Provide for a land use configuration that is compatible with
the transportation and circulation systems that currently
exist and with those that are planned by the City, County
and State.
2. Provide for land uses that encourage efficient use of the
circulation systems that exist, while avoiding land use
concentration or locations that might result in unnecessary
and undesirable congestion.
Supporting Objectives
• To provide for adequate access into residential areas by
local or collector streets, avoiding congestion and
hazardous conditions that are often caused by direct
access onto arterial streets from local streets or
residences.
To provide for alternative modes of transportation such as
bicycles, pedestrian facilities, etc., as well as access to
major regional transportation systems.
17
To adequately buffer the more sensitive land uses from the
adverse effects of freeways, major arterials, railroad and
other circulation components.
To encourage the development f clustered commercial
uses, especially along arterial streets, that make more
efficient use of parking and land utilization while
maximizing safe pedestrian circ lation.
The land uses and circulation patterns in the Specific Plan
promote efficient pedestrian, vehicular, and transit circulation.
■ The higher density housing types surround the transit
station to create a bustling, walkable transit village. The
transit village is located in thesoutheast portion of the site
adjacent to Citrus Avenue. The topography is more
conducive to a pedestrian friendly district and a commuter
rail stop in this location but would not preclude rail stops
in downtown Azusa and downtown Glendora. Furthermore,
this location would promote transit use by Citrus College
and Azusa Pacific University students. The transit village is
linked to the rest of the Promenade District by a formal
linear park that serves as a gathering spot and pedestrian
way.
■ Parks were used to form and create the land plan instead
of being an afterthought. The Park Neighborhood is
designed to provide parks within line of sight and within a
five-minute walk from the residential neighborhoods.
• All possible street connections have been incorporated into
the land plan. Connections occurat View Crest, Sierra
Madre Avenue, Ninth Street, Palm Drive, and Citrus
Avenue.
• The Specific Plan proposes to realign Sierra Madre Avenue
to slow traffic and change the character of the street.
Roundabouts are designed at the east and west ends of
Sierra Madre Avenue to indicate that a change in roadway
character is about to occur.
■ Along Sierra Madre Avenue is a linear park with a multi-
purpose trail that connects Azusa to the arroyo trail and
the City of Glendora.
■ The Specific Plan does not provide a connection of Citrus
Avenue between Sierra Madre Avenue and Foothill
Boulevard in order to avoid creating a new arterial
roadway through the middle of the development.
■ The Park Neighborhood relies on a romantic bent grid
18
roadway pattern, which creates a series of interconnected
streets allowing traffic to disperse into a variety of
directions.
■ The Specific Plan includes a transit station to accommodate
future commuter rail traffic on the extension of the Gold
Line from Pasadena to Claremoii t.
• The Specific Plan encourages alternative forms of
transportation by the Sierra Madre trail, arroyo trail,
Promenade linear park, parkway separated sidewalks, and
a street network that disperses traffic to create pedestrian
friendly roadways.
CIRCULATION ELEMENT GOALS
1. Provide for a transportation system which supports
planned land use and improve the quality of life.
2. Promote the safe and effective movement of all segments
of the population and the efficient transport of goods.
3. Make efficient use of existing transportation facilities.
4. Protect environmental quality and promote the wise and
equitable use of economic and natural resources.
Supporting Objectives
• To encourage State, regional, and local governments and
agencies to achieve a coordinated and balanced regional
transportation system, consistent with the City's social,
economic and environmental needs and goals.
• To develop transportation planning, services, and facilities
that are coordinated with and support the land use plan.
To develop a balanced system of circulation which
incorporates motor vehicles, pedestrians, bicycles and
other private and public transportation modes with greater
safety and increased energy efficiency.
• To encourage the continuance of a public transportation
system that will (1) provide a viable alternative to the
automobile, (2) satisfy the transportation needs of
commuters, the economically disadvantaged, the aged, the
young, and the handicapped, and (3) promote service at a
reasonable and equitable cost to both the users and the
general community.
The Specific Plan promotes alternative forms of transportation
and a circulation system that avoids impacts to the
surrounding community.
19
■ The Specific Plan includes a transit station to accommodate
future commuter rail traffic on the extension of the Gold
Line from Pasadena to Claremont.
■ All possible street connections have been incorporated into
the land plan. Connections occur at View Crest, Sierra
Madre Avenue, Ninth Street, Palm Drive, and Citrus
Avenue.
• The Specific Plan proposes to realign Sierra Madre Avenue
to slow traffic and change the ch aracter of the street.
Roundabouts are designed at the east and west ends of
Sierra Madre Avenue to indicate a change in roadway
character is about to occur.
■ Along Sierra Madre Avenue is a linear park with a multi-
purpose trail that connects Azusa to the arroyo trail and
the City of Glendora.
■ The Specific Plan does not provide a connection of Citrus
Avenue between Sierra Madre Avenue and Foothill
Boulevard in order to avoid creating a new arterial
roadway through the middle of the development.
• The Park Neighborhood relies on a romantic bent grid
roadway pattern, which creates a series of interconnected
streets allowing traffic to disperse into a variety of
directions.
• The Specific Plan encourages alternative forms of
transportation by the Sierra Madre trail, arroyo trail,
Promenade linear park, parkway separated sidewalks, and
a street network that disperses traffic to create pedestrian
friendly roadways.
■ The Specific Plan EIR provides a complete assessment,
including mitigation measures, of potential traffic impacts
on the surrounding streets.
SCENIC HIGHWAYS ELEMENT GOALS
1. Provide a scenic road system serving a variety of
transportation modes.
2. Provide enhanced recreational and commercial
opportunities served by a system of scenic roadways.
3. Preserve and enhance the aesthetic resources within scenic
corridors.
Supporting Objectives
20
To establish a city wide scenic roadway system.
To encourage utilization of appropriate existing goals.
To protect and enhance aesthetic resources within
corridors of designated scenic roadways.
• To establish and maintain urban) scenic highways to
provide access to interesting and aesthetic manmade
features, historical and cultural sites, and urban open
space areas.
• To provide a comprehensive Scenic Roadway Program
which safely accommodates various forms of
transportation compatible with scenic highway criteria and
standards.
• To develop and apply standards to regulate the quality of
development within corridors of designated scenic
roadways.
To improve the aesthetic qualities of scenic roadway
corridors through the rehabilitation, renovation, and
redevelopment of deteriorating areas along these routes.
• To remove visual pollution from designated scenic highway
corridors.
• To encourage the development and use of aesthetic design
standards for road construction or reconstruction for all
designated scenic roadways.
To increase governmental commitment to the designation
of scenic highways and protection of scenic corridors.
To encourage the fair distributio of social and economic
costs and benefits associated with scenic highways.
To promote the use and awareness of scenic highway
amenities for all segments of the population.
The Specific Plan enhances Sierra Madre Avenue's status as a
Scenic Highway.
• The Specific Plan proposes to realign Sierra Madre Avenue
to slow traffic and change the character of the street.
Roundabouts are designed at the east and west ends of
Sierra Madre Avenue to indicate a change in roadway
character is about to occur.
• The north side of Sierra Madre Avenue will be primarily
landscaped slope. In the Village Core, homes will front
onto Sierra Madre Avenue.
• The south side of Sierra Madre Avenue will have a linear
park and multi-purpose trail. Landscaping will dominate the
linear park while also respecting the view opportunities
21
from the roadway and trail.
■ The proposed recreation facility and Village Core housing
will front onto the south side of Sierra Madre Avenue
creating a point of arrival at an activity center.
• A bridge on Sierra Madre Avenue will cross the arroyo and
arroyo trail.
■ The narrow cross-section of Sierra Madre Avenue is
designed to slow traffic but maintain roadway capacity to
accommodate commuter traffic.
HOUSING ELEMENT GOALS
1. Conserve and improve the condition of the existing
affordable housing stock.
2. Assist in the development of adequate housing to meet the
needs of low-and moderate-incoime households.
3. Identify adequate housing sites which will be made
available through appropriate zoining and development
standards and with public services and facilities needed to
facilitate and encourage the development of a variety of
types of housing for all income groups.
4. Address and, where appropriate and legally possible,
remove governmental constraints to the maintenance,
improvement, and developmentof housing.
5. Promote housing opportunities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin
or color.
Quantative Objectives
To conserve affordable housing available through the
existing rental housing supply and mobile home dwellings
(N=389).
To achieve the rehabilitation of 100 housing units during
the time frame of mid-1984 through mid-1989.
To meet the rental housing assistance in existing housing
units of 150 lower income households during the next five
years.
To meet the owner housing assistance needs of first time
buyers of moderate income in 100 newly constructed
housing units.
To achieve the production of 80 ew rental housing units
within the financial means of low- and moderate-income
households.
22
The Specific Plan creates new housing opportunities for a variety
of people at different homeownership stages in their life.
■ The Specific Plan identifies a variety of housing products
that range in size and price. Furthermore, the Promenade
District has seven different building typologies. This variety
in housing types, sizes, and prices provides
homeownership opportunities for a variety of people in
different stages of homeownership.
■ The Specific Plan includes housing products for the middle
to upper income buyer. In the Promenade District, housing
prices are anticipated to range from the low to high
$200,OOOs. The Village Core may see housing prices from
the mid-$200,000s to over $300,000. In the Park
Neighborhood housing prices are expected to begin in the
low $300,OOOs and extend well above $500,000.
■ The proposed housing products are for-sale residences.
The only opportunity for rental housing is in the transit
neighborhood where mixed-use development could have
apartments over retail or office uses.
SEISMIC SAFETY/PUBLIC SAFETY ELEMENTGOALS
1. Prevention of serious injury and loss of life.
2. Prevention of serious structural damage to critical facilities
and structures where large numbers of people are apt to
congregate at one time.
3. Insure the continuity of vital services and functions.
4. Education of the Community.
Supporting Objectives
To reduce loss of life, injuries, and damage to property
caused by seismic events and seismic-related conditions.
To reduce loss of life, injuries, and damage to property,
and loss of natural resources caused by wildland and urban
fires.
To protect life and property in the event of a natural
disaster.
To prevent injury or loss of life and damage to property
due [to] flood hazards.
The Specific Plan used extensive geotechnical investigations to
determine the appropriate locations for development that
minimize risks to life and property.
23
• A setback zone for the Sierra Madre Fault was identified
and no houses are located within the setback zone.
■ Sierra Madre Avenue was aligned along an unnamed fault
to provide appropriate setbacks for housing. .
■ A setback zone for a second unnamed fault on the west
side of the property north of Tenth Street prohibits the
construction of habitable structures.
■ Geologists and geotechnical engineers conducted a
liquefaction hazard analysis andl determined that dirt in the
lower portion of the property must be removed
approximately 20 to 25 feet deep and recompacted to
minimize potential liquefaction hazards.
■ The Specific Plan EIR contains an extensive geologic and
geotechnical investigation, with lappropriate mitigation
measures to minimize risks to life and property.
CONSERVATION ELEMENT GOALS AND OBJECTIVES
1. To protect, conserve, and manage the natural and scenic
resources of the Azusa PlanninglArea.
2. To ensure an adequate supply of high quality water for
local and regional needs by preventing the accelerated
water loss due to high runoff and loss of groundwater
recharge areas, and pollution, while protecting life and
property with appropriate flood protection measures.
3. Conserve soils as a water-regulating medium as well as for
the production of natural or other hillside vegetation.
4. To promote the retention of native or other vegetation
wherever feasible for maximum water yield, air, and water
quality, and flood hazard reduction.
5. To preserve adequate expanses of all major habitat types
so as to maintain ecosystems in a natural balance for
recreation, scientific, economic, educational and scenic
purposes.
6. To secure a safe, healthful, and wholesome environment
through careful planning for the preservation and
utilization of natural resources and natural resource lands.
The Specific Plan promotes conservation of natural resources.
• Development of the Nursery property does not extend
beyond existing nursery operatioins allowing for 170-acres
of natural open space to be preserved in perpetuity.
■ The arroyo provides a spiritual, visual, and physical
connection through the new community to the mountains.
24
The arroyo is a natural corridor,located on top of a historic
drainage canyon. The arroyo will function has a natural
park with riparian habitat and a trail system connecting to
the Garcia Trail. The trail will pass underneath Sierra
Madre Avenue.
• The arroyo provides a series of(water quality basins
planted with riparian habitat designed to foster
groundwater recharge and biofiltration to remove urban
pollutants from the storm runoff.
■ Development of the Monrovia Nursery property will require
substantially less water use than the existing Monrovia
Nursery operations.
■ Development of the Monrovia Nursery property will require
substantially less electricity use than the existing Monrovia
Nursery operations.
• Development of the Monrovia Nursery property will reduce
the amount of Particulate Matter 10 microns (PMIo)
currently released from the Nursery site. The South Coast
Air Basin is currently designated as a non-attainment area
for PMIo because of noncomplia ce with the State and
Federal Clean Air Acts. Therefore, development of the
Monrovia Nursery property will improve air quality. The
Specific Plan EIR contains an extensive air quality analysis.
• The Specific Plan includes a series of detention basins to
minimize impacts from flooding.) The EIR includes an
extensive hydrology analysis that documents how the
proposed development reduces the risk of flooding to
surrounding properties.
OPEN SPACE ELEMENT GOALS
1. To secure a safe, healthful, and wholesome environment
through careful planning and preservation of open space
resources.
2. To maintain the continued existence of valuable amenities
which provide beauty, identity, and form to the community
and to neighborhoods within the community.
3. To preserve or conserve valuable natural and cultural
resources that have scientific, educational, economic and
cultural value.
4. To contribute to the attainment of the State Legislature's
open space planning goals and objectives and fulfill the
responsibility that Azusa has to the geographic region it is
located.
25
Supporting Objectives
• To protect examples of wildlife abitat by acquisition of as
much open space land as economically possible and by
prohibiting its development with incompatible uses.
• To preserve the hillside topography and natural vegetation
through land use regulations, which encourage the
retention of the natural topography and control the degree
of ground coverage by structures both on the hillside and
in the arroyos and canyon bottom.
• To promote the study, adoption land review of regulations
designed to assure appropriate and safe development in
hazardous development areas. These regulations should
include control of elimination of mass grading, limitation on
the intensity and density of land) use, and prohibitions
against any development projects except those which are
designed for mountainous or irregular topography.
The Specific Plan designates over 60 percent of the Nursery property
for open space, park, cultural, and recreation amenities.
■ Parks were used to form and create the land plan instead
of being an afterthought. The Park Neighborhood is
designed to provide parks within the line of sight and
within a five-minute walk from the residential
neighborhoods.
• Development of the Nursery property does not extend
beyond existing nursery operations allowing for 170-acres
of natural open space to be preserved in perpetuity in the
foothills.
• The Specific Plan provides for a variety of parks. Some
parks are designed with ballfields and turf area for active
recreation. Other parks are more passive in nature
designed for viewing and sitting. Along Sierra Madre
Avenue a linear park provides both view opportunities and
trail connections between Azusa, the arroyo trail, and
Glendora. The Promenade includes a linear formal park
that offers views, community gatlhering opportunities, and
spectacular landscapes. In total 18 acres of public parks
will be dedicated to serve both the existing and new
members of the City of Azusa.
■ A trail system is an important part of the Specific Plan.
Every street has parkway-separated sidewalks to promote
pedestrian activity. The realignment of Sierra Madre
26
Avenue will include a new linea park and trail providing a
trail connection between the City of Azusa and the City of
Glendora. The arroyo includes a trail providing north/south
access throughout all the neighborhoods. Furthermore, the
Promenade District is designed as a walking district.
■ In addition to public parks, the Specific Plan includes a 2.1-
acre private recreation facility. This facility will provide a
community room, pool, and other recreational amenities.
■ The Specific Plan celebrates theheritage of the Nursery by
incorporating botanical garden themes and historic
references to Nursery plantings
■ A Great Park consisting of a 9.OLacre public school and
5.5-acre joint use park anchor the system of parks. The
school is designed to accommodate students from
kindergarten through eighth grade.
■ The Specific Plan provides 18 acres of park and recreation
facilities, more than the 16.5 acres of parkland required by
State planning law.
NOISE ELEMENT GOAL
1. The principal goal of the City is to prohibit unnecessary and
annoying noise from all sources lin the community through
the identification, control, and abatement of noise
pollutants.
Supporting Objectives
To continue present programs which prohibit unnecessary,
excessive and annoying noise from sources which are
subject to the police power of the City.
To use existing and future regulatory controls such as
noise ordinances, zoning restrictions, conditional use
permits, environmental impact reports and precise plans
for the identification, control, and abatement of noise.
To coordinate with Federal, State, County and other
governmental agencies in dealing with noise abatement.
To provide information to the public regarding the potential
impact of various noise sources and methods for
abatement.
The Specific Plan is designed consistent with the City's noise
standards.
27
• The Specific Plan EIR includes an extensive analysis of
construction and operational noise impacts, including
mitigation measures.
COMMUNITY DESIGN ELEMENT GOALS
1. Provide guidelines for design treatments of public and
private buildings which are aesthetic yet economically
practical.
2. Promote community identity through the upgrading of
existing landscaping, redesign of existing buildings and
design treatments for new buildings, which are in keeping
with community character.
3. Enhance the economic stability of the community's
commercial and industrial businesses and encourage the
attraction of new enterprises.
Supporting Objectives
To foster community identity and pride through design
treatment.
To protect and enhance economic value of properties and
encourage commercial business growth.
• To ensure the proposed development will be properly
related to its site and to surrounding sites and structures;
to prevent the erection of structures, which are
inharmonious with their surroundings.
• To ensure that sites, projects and structures are developed
with due regard for the aesthetic qualities of the natural
terrain and landscape, and that trees and shrubs are not
indiscriminately destroyed.
To ensure that the design and exterior architecture of
proposed structures will not be sio at variance with either
the design or exterior architecture of the structure already
constructed or being constructed in the immediate
neighborhood as to cause a subsitantial depreciation of
property values in the neighborhood.
To ensure that open spaces, parking areas, and
landscaping are designed to enhance the visual and
physical use of the property and to screen deleterious
uses.
• To develop design criteria for all commercial and industrial
development, as well as residential projects of nine or
more dwelling units.
28
The Specific Plan includes community design criteria and architectural
standards that celebrate Azusa's heritage a Id promote lasting value.
■ The Specific Plan has three neighborhoods based on
planning principles that have held value over time. The
world-renowned landscape architect and planner, Frederick
Law Olmstead, pioneered these principles. The Park
Neighborhood is based on a romantic bent grid network
formed around,parks. The VillagIe Core Neighborhood is
designed as an activity center focused around the arroyo
and private recreation facility. The Promenade District is
patterned after the great walking streets of the world.
Examples of local communities that were planned around
these principles include Palos Verdes Estates, Beverly Hills,
and the Vista Bonita neighborhood of Azusa.
■ In the Park Neighborhood, Village Core, and Promenade
District all streets have parkway)separated sidewalks and
street trees, and a majority of the streets open onto parks.
These amenities are shared by everyone in the community.
■ Architecture in all the neighborhoods de-emphasizes the
garage. The living portion of thel homes are pulled forward
toward the street with outdoor lilving space such as
porches, stoops, and balconies. This architectural design
encourages neighborhood interaction, a pedestrian
lifestyle, and promotes safety by allowing for "eyes on the
street."
■ The architecture in all three neighborhoods is based on
heritage architecture from the San Gabriel Valley.
Examples include Spanish Colonial, Craftsman, European
Cottage, American Traditional, Monterey, and American
Farmhouse. The Specific Plan identifies elements for each
style that make the style accurate and recognizable. The
Specific Plan promotes the "Simple House" concept, which
encourages simple plan forms and elevations that reduce
costs while providing authentic architectural form and
massing.
• The Specific Plan includes a landscape vision that
celebrates the heritage of the Nursery. Incorporating
botanical garden themes and historic references to Nursery
plantings, the landscaping will be distinct and spectacular.
29
HISTORIC PRESERVATION ELEMENT
HEALTH AND WELFARE GOAL
To provide for and maintain a safe, attractive and desirable living
environment and to insure optimum health and well-being for all
residents of Azusa.
Supporting Objective
The aforementioned is the overall prime goal which
establishes the justification for a Historic Preservation
Element and all of the following lobjectives should be
viewed as implementing this goal.
PRESERVATION GOAL
To preserve valuable natural and man[made resources that have
scientific, educational, economic and cultural value.
Supporting Objectives
• Evaluate buildings to determine iif they can be restored and
brought up to Fire, Health, and Building Code standards.
• Develop zoning bonus and development incentives which
will serve preservation.
Develop an owner awareness program to inform property
owners of tax programs and other preservation techniques.
• Utilize Community Development Block Grants (CDBG) for
low interest loans for preservation.
Pursue inclusion of sites on the National and State
Registries of Historic Sites.
Conduct a community-wide survey to determine
appropriate sites for preservatio .
Develop a priority ranking to identify high, medium and
low priority for preservation activities.
Evaluate capital improvement programs and public services
which can be directed to historic preservation.
Pursue innovative techniques for historic site preservation
such as architectural easements, conservation districts and
development rights transfer.
Pursue federal and state grants-in-aid for site purchase
and enhancement.
• Investigate the feasibility of Bond Financing to finance
purchase and enhancement of historical sites.
Continue to implement provisions in the California
30
Environment Quality Act (CEQA) requiring investigation
and evaluation prior to development of all archaeological,
paleontological, cultural and historical features.
• Monitor proposed state and federal legislation relating to
historic preservation; officially support same when
appropriate.
• Pursue private funding sources and programs as highest
priority for site preservation.
Coordination with, and utilization of, the Community
Redevelopment Agency as a vehicle for preservation
activity.
RESTORATION AND ENHANCEMENT GOAL
To restore and enhance historical, cultural and other man-made
features.
Supporting Objectives
Evaluate buildings to determine if they can be restored and
brought up to Fire, Health and Biuilding Code Standards.
Utilize CDBG for low interest loans for restoration.
Evaluate Building, Fire and Health Codes to determine
where they can be relaxed as an incentive to historic site
restoration.
Evaluate capital improvement programs and public services
which can be directed to historic site restoration and
enhancement.
Pursue federal and state grants-in-aid for site purchase
and enhancement.
Investigate the feasibility of Bond Financing for purchase
and enhancement of historical sites.
Continue to implement CEQA to identify historical sites and
mitigation measures for preservation and enhancement.
Pursue private funding sources and programs as highest
priority for site restoration and enhancement.
COMMUNITY IDENTITY GOAL
To promote community identification and visual quality.
Supporting Objectives
Identify and preserve sites which are significant in the past
development and economy of the community and which
foster the public's awareness of the cultural make-up of
the community.
31
COMMUNITY INVOLVEMENT GOAL
To encourage opportunities for community involvement and
participation.
Supporting Objectives
• Develop educational and information programs to make
the public aware of historic site and preservation
activities.
• New development should be related to existing
development and historical/cultural resources in scale,
material and character in order to maintain community,
neighborhood and block identity.
EDUCATION GOAL
To encourage the educational and cultural enrichment of the
residents of Azusa.
Supporting Objectives
• Develop public awareness programs (literature, work
shops, lecture series, etc.), to make citizens aware of
landmarks and preservation programs.
• Utilizing CEQA and the public hearing process, educate and
notify the public of development activities and potential
impacts upon historic sites.
PLANNING CONSISTENCY GOAL
To foster consistency between the various general plan elements
and the Historic Preservation Element.
Supporting Objectives
• Evaluate the various general plan elements and zoning for
possible inconsistencies with historic sites and
preservation; amend the general plan where necessary.
The Specific Plan includes measures designed to preserve and
celebrate the Nursery's heritage and cultural resources to the
maximum extent practical.
• Historic resources, such as the Covina Canal and the
Vosburg House, will be preserved to the extent feasible.
While the potable water in the Covina Canal will be placed
in an underground pipe, the open channel canal structure
will remain and possibly used for storm drain purposes.
32
The Vosburg House will remain on site and continue to
function as Monrovia Nursery's headquarters. The Specific
Plan EIR includes an assessment and mitigation measures
for the cultural resources on-site.
The Specific Plan is compatible with surrou ding land uses and creates
new great neighborhoods that benefit the entire community. Existing land
uses are buffered. The Dhammakaya is buffered on the west by the
Vosburg House; on the south by a roadway and landscaped detention
facility, and on the north and east by a la dscaped slope. The homes
backing onto the Nursery in the Nob Hill neighborhood are buffered by a
landscaped drainage course. The homes in Glendora that back onto the
Nursery are buffered by a park and landscaped slopes. The homes that
currently take access from. Sierra Madre Avenue will be provided with a
new private driveway.
33
Exhibit 2
MONROVIA NURSERY DEVELOPMENT AGREEMENT
34
RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO:
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
Attn: City Manager
DRAFT
Exempt from filing fees—Govt Code &61-031
(Space above for Recorder's Use)
DEVELOPMENT AGREEMENT
between
THE CITY OF AZUSA
a California municipal corporation
and
MONROVIA NURSERY COMPANY
a California corporation
57848-00030-1385098.11
1
ARTICLE 1. PARTIES AND DATE.
This Development Agreement ("Agreement") is dated 2004, for reference
purposes only and is entered into between the City of Azusa, a California municipal corporation
("Azusa"), and the City of Azusa Light and Water Department ("ALW') (jointly referred to as
the "City") and Monrovia Nursery Company, a California corporation ("MNC"), and its
successors and assigns ("Owner"). The City and the Owner are hereinafter sometimes referred to
individually as a "Party" and jointly as the "Parties." The capitalized terms utilized herein shall
have the meanings ascribed to them in Article 3 of this Agreement or shall have the meanings
given to them at the point at which they fust appear. This Agreement shall become effective on
the Effective Date defined in Section 3.1.9 below.
ARTICLE 2. RECITALS.
2.1. The City is authorized to enter into binding development agreements with persons
having legal or equitable interests in real property for the development of such property, pursuant
to Section 65864, et seq. of the Government Code; and
2.2. The City has adopted rules and regulations for consideration of development
agreements,pursuant to Section 65865 of the Government Code; and
2.3. MNC is the present owner of the Property which is the subject of this Agreement;
and
2.4. MNC intends to transfer all or portions of the (Property (other than the Vosburg
House parcel) to a master developer or developers who will succeed MNC as the Owner or
Owners under this Agreement. The Development of the Pro erty shall be undertaken by such
successor Owners; and
2.5. The City has conducted a Citizen's Congress process, including a national design
competition, to create a Development Plan for the Development of the Property; and
2.6. The City has, or as of the Effective Date 11 have, approved the Existing
Development Approvals for the Development of the Property in accordance with the
Development Plan; and
2.7. The Owner has requested that the City enter into this development agreement
governing the Development of the Property, and proceedings have been taken in accordance with
the rules and regulations of the City; and
2.8. This Agreement will bind the City to the terms and obligations specified in this
Agreement and will limit, to the degree specified in the Ag-
I eement and under state law, the
City's ability to hinder, delay, postpone, preclude or regulate Development on the Property,
except as provided for herein. By entering into this Agreement, the City binds the City,
57848-00030-1385098.11
2
including future City Councils of the City, by the obligations specified herein, and limits the
future exercise of certain governmental and proprietary powers of the City; and
2.9. The terms and conditions of this Agreement have undergone extensive review by
the City and the City Council and have been found to be fair,just and reasonable; and
2.10. All of the requirements of the California Environmental Quality Act (Public
Resources Code § 21000, et seq.) ("CEQA") have been met with respect to the Project and the
Agreement and the City has previously reviewed, considered and certified the Monrovia Nursery
Specific Plan and Project Environmental Impact Report SCH No. 2002071046 ("EIR") and
adopted Findings and a Statement of Overriding Considerations and a Mitigation Monitoring
Plan applicable thereto; and
2.11. This Agreement and the Project are consisten with the City of Azusa General
Plan (the"General Plan") and the Monrovia Nursery Specific Plan; and
2.12. All actions taken and approvals given by the City have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings,
findings, votes, and other procedural matters; and
2.13. Development of the Property in accordance with this Agreement will provide
substantial benefits to the City, including without limitation certain fees, public dedications and
public improvements which the City could not legally impose on the Development of the Project,
and will further important policies and goals of the City; and
2.14. This Agreement will eliminate uncertainty in planning and provide for the orderly
Development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the Development of the Project and generally serve the
purposes for which development agreements authorized under Sections 65864, et M. of the
Government Code are intended; and
2.15. This Agreement is made in reliance upon thel agreements, representations and
warranties contained herein. The Parties acknowledge that, in reliance thereon, the Owner and
its successors and assigns will take certain actions, including making substantial expenditures of
monies, relative to the Project and the Property and the Development thereof; and
2.16. The Owner has incurred and will in the future incur costs in excess of the
generally applicable requirements in order to assure vesting of legal rights to develop the
Property in accordance with this Agreement; and
2.17. On December 17, 2003, the City Planning Commission held a duly noticed public
hearing on the Owner's application for the Development Agreement and by Resolution No.
2003-44 recommended to the City Council approval of this Agreement; and
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2.18. On January 5, 2004, the City Council of the City held a duly noticed public
hearing on the Owner's application for the Development Agreement. On January 20, the City
Council approved Resolutions calling for an election for this agreement, and in those Resolutions
and related documents affirmed the findings required under Government Code Section 65867.5
for approval of this Agreement, and voted to submit this Agreement to a vote of the electorate at
a special election scheduled for May 4, 2004; and
2.19. For all of the reasons recited herein, the Parties have determined that the Project is
a development for which this Agreement is appropriate and desire to enter into this Agreement.
THEREFORE,the Parties agree as follows:
ARTICLE 3. GENERAL TERMS.
3.1. Definitions and Exhibits. The following terms when used in this Agreement shall
be defined as follows:
3.1.1 "Agreement"means this Development Agreement.
3.1.2 "City" means the City of Azusa, a California municipal corporation
("Azusa"), and the City of Azusa Light and Water Department "ALW").
3.1.3 "Days"means calendar days unless otherwise specified.
3.1.4 "Dedicate" or "Dedication" means to offer the subject land for dedication
and, if necessary, to post sufficient bonds or other security for the improvements, if any, to be
constructed by the Owner on such land, at the time of recordation of the final subdivision map
for which such dedication is a condition of approval or as otherwise provided in Article 5.
3.1.5 "Development" or "Develop" means the improvement of the Property for
purposes of constructing and completing the structures, improvements and facilities comprising
the Project, including, but not limited to: grading, the constriction of infrastructure and public
facilities related to the Project whether located within or outside the Property, the constriction of
buildings and structures, and the installation of landscaping. "Development" or "Develop"
includes the operation, use and occupancy of, and the right to maintain, repair, or reconstruct,
any private building, structure, improvement or facility after the construction and completion
thereof;provided, however, that such repair, or reconstruction takes place within the Term of this
Agreement on parcels subject to it.
3.1.6 "Development Approvals" means all actions which require the exercise of
judgment or a discretionary decision by the City in connection with Development of the Property
including:
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(i) General Plan amendments;
(ii) Specific plans and specific plan amendments;
(iii) Zoning;
(iv) Tentative and final subdivision and parcel maps;
(v) Conditional use permits, but only as to those conditions and
requirements pertaining to the Development of the Property;
(vi) Preliminary plans, conceptual lans, design review approvals,
development review approvals and precise plans;
(vii) Demolition, grading and building permits; and
(viii) Any environmental approvals and certifications.
"Development Approvals" specifically do not include this Agr ement.
3.1.7 "Development Exactions" means all exactions, in lieu fees or payments
(including but not limited to capital facilities fees, impact mitigation fees, and service connection
fees) or Dedication or reservation of land requirements, obligations for on-site or off-site
improvements or construction requirements (including those not normally regarded as
subdivision improvements (i.e., those having a direct nexus to the particular subdivision)),
mitigation measures in connection with environmental review, or impositions made under other
rules, regulations, or official policies of the City or in order to make a project approval consistent
with the General Plan, including without limitation, any requirements of the City in connection
with or pursuant to any Land Use Regulation or Development Approval for the development of
land, the construction of improvements for public facilities, or the payment of fees in order to
lessen, offset, mitigate or compensate for the impacts of Development on the environment or
other public interests. Development Exactions shall not include Processing Fees or Taxes.
3.1.8 "Development Plan" means the Existing Development Approvals
applicable to the Development of the Property, as implemented, refined, modified and
supplemented by Subsequent Development Approvals.
3.1.9 "Effective Date" of this Agreement means the effective date of the
Ordinance pursuant to California law.
3.1.10 "Existing Development Approvals" means all Development Approvals
approved or issued on or before the Effective Date, including the General Plan Amendment to
designate the Property SP (GPA 2002-03), the Monrovia Nursery Specific Plan, the Zone
Change (Z2002-03) to Specific Plan (SP-6), the pre-zoning of the Annexation Property (as
defined in Section 3.1.20 hereof) to Specific Plan (SP-6) and the initiation of annexation
57848-00030-1385098.11
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proceedings, Vesting Tentative Tract Map No. 54057, and the Mitigation Monitoring Plan,
incorporated herein as Exhibit"D."
3.1.11 "Existing Land Use Regulations" means all Land Use Regulations in
effect on January 20, 2004, as modified by the Existing Devel pment Approvals; provided, that,
in the event of any conflict between the Land Use Regulations in effect on January 20, 2004 and
the Existing Development Approvals,the Existing Development Approvals shall control.
3.1.12 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
regulations and official policies of the City governing the development and use of land, including
the permitted use of land, the density or intensity of use, subdivision requirements, the maximum
height and size of proposed buildings, the provisions for reservation or Dedication of land for
public purposes, and the design, improvement and construction and initial occupancy standards
and specifications applicable to the Development of the Property. "Land Use Regulations" do not
include any City ordinance, resolution, code, rule,plan, regulation or official policy, governing:
(i) The conduct, licensing or taxation of businesses, professions, and
occupations;
(ii) Other than as provided in this Agreement, tares and assessments of
general application upon all residents of the City, provided that the taxes and assessments are not
imposed for the purpose of taxing the right, power or privilege of developing or improving land
(e.g. excise tax) or to directly finance the construction I or maintenance of any public
improvement in respect of which the Owner is paying any fee or providing any improvement
pursuant to Article 5 hereof,
(iii) The control and abatement of nuisances;
(iv) The granting of encroachment permits and the conveyance of
rights and interests which provide for the use of or the entry upon public property;
(v) The exercise of the power of eminent domain; or
(vi) The exercise of the Redevelopm nt Agency of the City of Azusa's
redevelopment powers to form, amend, merge, and administer redevelopment project areas and
redevelopment plans.
3.1.13 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a
deed of trust or any other security-device lender and its successors-in-interest.
3.1.14 "Mitigation Monitoring Plan" means the Mitigation Monitoring and
Reporting Program for the Monrovia Nursery Specific Plan and Project Environmental Impact
Report adopted by the City in conjunction with the EIR described in Recital 2.10, incorporated
herein as Exhibit"D."
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3.1.15 "Owner" means Monrovia Nursery Company, a California corporation
("MNC"), the current owner of the Property, and each of its successors in interest as the owner
of all or any part of the Property.
3.1.16 "Phasing Plan" means the Development and Infrastructure Phasing Plan to
be submitted by the Owner to the Community Development Director and the City Engineer for
review and approval as provided in Condition No. 4 of the Exi ng Development Approvals.
3.1.17 "Processing Fees" means the normal and customary application, filing,
plan check and permit fees for land use approvals, design review, tree removal permits, building
permits, demolition permits, grading permits, ALW permits and requirements, and other similar
permits and entitlements, and inspection fees, which fees are charged to reimburse the City's
expenses attributable to such applications, processing, permitting, review and inspection and
which are published and in force and effect on a citywide .basis and charged by the City to
applicants on a non-discriminatory basis at such time as said approvals, permits, review,
inspection or entitlements are granted or conducted by the City.
3.1.18 "Project" means the Development of the Property (or portion thereof) as
_ set forth in the Development Plan, as such Development Plan may be further defined, enhanced
or modified by the Owner pursuant to the provisions of this Agreement.
3.1.19 "Project Development Exactions" mean those Development Exactions
applicable to the Development of the Property pursuant to i11e Development Plan under the
Existing Land Use Regulations.
3.1.20 "Property" means the real property described on Exhibit "A" and shown
on Exhibit "B," except for the Vosburg House parcel shown on Exhibit `B," including the
portion of such real property located in unincorporated Los Angeles County (the "Annexation
Property") to be annexed into the municipal boundaries of the City upon the final disposition of
the annexation proceedings therefor (the "Annexation") on oar before December 31, 2010 (as
same may be extended pursuant to Section 3.9(iv) hereof). Upon the transfer by the City of the
Heth Reservoir Site to the Owner under Section 5.3(vii) hereof, the term "Property" shall be
deemed to include the transferred Heth Reservoir Site.
3.1.21 "Reservations of Authority" means the rights and authority excepted from
the assurances and rights provided to the Owner under this Agreement and reserved to the City
as described in Section 4.7.
3.1.22 "Specific Plan"means the Monrovia Nursery Specific Plan.
3.1.23 "Subsequent Development Approvals" means all Development Approvals
required subsequent to the Effective Date , in connection with Development of the Project on the
Property, including, without limitation, subsequent tentative tract maps, precise plan of design
approvals and subdivision improvement agreements which require the provision of bonds or
other security. Subsequent Development Approvals include, without limitation, all excavation,
57848-00030-1385098.11
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grading, building, construction, demolition, encroachment or street improvement permits,
conditional use permits, tree removal permits, landscaping permits, occupancy certificates,
community facilities districts or similar financing mechanisms, utility connection authorizations,
engineering design and master plan design drawings, utility plans, permits, authorizations and
approvals, Development Approvals required under the conditions of approval of the Existing
Development Approvals, or other permits or approvals necessary, convenient or appropriate for
the grading, construction, marketing, use and occupancy of the Project at such times and in such
sequences as Owner may choose consistent with the Development Plan and this Agreement.
Upon approval, any Subsequent Development Approvals shall become part of the Existing Land
Use Regulations for the Property, and the Owner shall have a "vested right," as that term is
defined under California law, in and to such Subsequent Development Approvals by virtue of
this Agreement.
3.1.24 "Subsequent Land Use Regulations" means any Land Use Regulations
adopted and effective after January 20, 2004.
3.1.25 "Taxes" means general or special taxes, including but not limited to,
property taxes, sales taxes, transient occupancy taxes, or business taxes of general applicability
citywide which do not burden the Property disproportionately to other similar types of
development within the City, as provided in Section 3.1.12(ii).
Other initially capitalized terms appearing in this Agreement shall have the
meaning given to them at the point at which they first appear.
3.2. Exhibits. The following documents are attached to and, by this reference, made a
part of this Agreement:
Exhibit'IN' -- Legal Description of the Prope
Exhibit"B" --Map showing Property and certain Project features.
Exhibit"C" -- Existing Development Approvals.
Exhibit"D" --Mitigation Monitoring Plan.
Exhibit"E"—Intentionally Omitted.
Exhibit"F"—Illustrative Site Plan.
Exhibit"G"—CFD Financing Plan.
Exhibit "H" -- Parks Summary.
3.3. Binding Effect of Agreement. Subject to the Annexation of the Annexation
Property, the Agreement, and all of the terms and conditions of this Agreement, shall run with
57848-00030-1385098.11
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the land comprising the Property. This Agreement shall be binding upon and inure to the benefit
of the Parties and their respective .assigns, heirs, successors, devisees, administrators,
representatives, lessees and any person who acquires an interest in the Property.
3.4. Ownership of Property. MNC represents anld covenants that it is the current
owner of fee simple title to the Property as of the Effective Date. MNC intends to transfer all or
portions of the Property to a master developer or developers which will succeed to MNC's
interest as the Owner or Owners hereunder. MNC shall not undertake the Development of the
Property under this Agreement
3.5. Term. The term ("Term") of this Agreement shall commence on the Effective
Date and shall continue for a period of ten (10) years thereafter, unless terminated sooner
pursuant to a specific provision of this Agreement. The I erm of this Agreement shall be
extended for one (1) additional five (5)-year period followinlg the expiration of the initial ten
(10)-year period upon the occurrence of all of the following:
(i) The Owner shall give written nonce to the City no later than one
hundred twenty (120) days before the expiration of the initial ten (10)-year period that the Owner
desires to extend this Agreement for the additional five (5)-year period;
(ii) At the time of the notice described in (i) above, certificates of
occupancy shall have been issued for at least seventy-five (75%) of the residential dwelling units
authorized by the Development Plan;
(iii) At the time of the notice describeIII d in (i) above, there is no hearing
pending against the Owner under Section 7.4; provided, (however, that the Term of this
Agreement shall be extended during and for the period of the pendency of any hearing(including
any continuances or extensions thereof or any appeal proceedings) conducted under Section 7.4
if, at the conclusion of that hearing or appeal proceeding, it is determined that the Owner was not
in material breach of this Agreement; and
(iv) The Owner shall not then be in default of any material provision of
any agreement between City and Owner relative to the Development of the Property or of any
condition of approval imposed upon any Development Approval for which Owner has been
given a written notice to cure by the City and for which Owner has not cured or commenced to
cure such default within thirty (30) days thereafter.
Notwithstanding the foregoing, in the alternative, upon the Owner's written request, the City
may, in its sole and absolute discretion, agree to extend the Agreement for one (1) additional five
(5)-year period. The Term of this Agreement shall be automatically extended for the period of
any Events of Force Majeure as provided in Section 12.11 hereof.
3.6. Assignment, Sale and Transfer of Interest in the Property and This
Agreement.
57848-00030-1385098.11
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3.6.1 Right to Assign or Transfer the Property. The Owner may transfer all or
any portion of the Property at any time without the City's consent. Each such transferee
("Transferee") shall take, hold and Develop the Property (or portion thereof) subject to the
provisions of this Agreement and shall be deemed to be the "Owner" under this Agreement as to
the Property(or portion thereof)transferred to such Transferee.
3.6.2 Liabilities Upon Transfer. Upon the delegation of the duties and
obligations under this Agreement and the sale, transfer or assignment of all or any portion of the
Property, the transferor Owner will be released from its obligations under this Agreement with
respect to the Property, or portion thereof, so transferred arising subsequent to the effective date
of such transfer if(i) the transferor Owner has provided to the City prior or subsequent written
notice of such transfer and (ii) the Transferee has agreed in writing to be subject to all of the
provisions hereof applicable to the portion of the Property so transferred. Upon any transfer of
any portion of the Property and the express assumption of transferor Owner's obligations under
this Agreement by such Transferee, the City agrees to look solely to the Transferee as the
"Owner" under this Agreement for compliance with the provisions of this Agreement as such
provisions relate to the portion of the Property acquired by such Transferee. Any such
Transferee shall be entitled to the benefits of this Agreement as "Owner" hereunder and shall be
subject to the obligations of this Agreement applicable to the portion of the Property transferred.
3.63 Effect of Subsequent Amendments and Defaults by Transferee. Any
amendment to this Agreement between the City and a Transferee shall only affect the portion of
the Property owned by such.Transferee, and shall not cancel,) diminish or alter in any way the
rights under this Agreement of any other Owner or Owners with respect to any portion of the
Property not owned by such Transferee. A default by any Transferee shall only affect that
portion of the Property owned by such Transferee and shall not cancel, diminish or alter in any
way the rights under this Agreement of any other Owner or Owners with respect to any portion
of the Property not owned by such Transferee.
3.6.4 Lender's Rights and Obligations. Nothing contained in this Section 3.6
shall prevent a transfer of the Property, or any portion thereof, to a lender as a result of a
foreclosure or deed in lieu of foreclosure, and any successorII in interest (including the lender)
acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of
foreclosure, shall take the Property, or such portion of the Property, subject to the rights and
obligations of the Owner under this Agreement; provided, however, in no event shall such
successor be liable for any defaults or monetary obligations of the Owner arising under this
Agreement prior to acquisition of title to the Property by such successor, and provided further
that in no event shall any such successor be entitled to a building permit or occupancy certificate
until all fees due under this Agreement relating to the portion of the Property acquired by such
successor have been paid to the City and until any other monetary default relating to the portion
of the Property acquired by such successor has been cured. .
3.7. Termination of Agreement With Respect to Individual Lots and Units.
57848-00030-1385098.11
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3.7.1 Release of Residential Lots/Units. Any other provisions of this
Agreement notwithstanding, (a) this Agreement shall terminate (i) with respect to any lot upon
the sale of such lot, or (ii) with respect to any unit ("MFU") in a multi-family residential
common interest subdivision upon the sale of the first MFU in the building in which such MFU
is located, and (b) each such lot or MFU shall be released and no longer be subject to this
Agreement without need for the execution or recordation of any further document, upon
satisfaction of both of the following conditions:
(i) The lot or MFU has been finally) subdivided and individually (and
not in "bulk") sold or leased (for a period longer than one year) to a member of the public or
other ultimate user; and
(ii) A certificate of occupancy has been issued for a building on the lot
or, in the case of an MFU, for the building in which the MFU is located.
3.7.2 Release of Commercial Lot. A Transfeiree of a commercial lot (i) which
has been finally subdivided as provided for in the Development Plan and for which a commercial
site precise plan of design review for development of the lot has been finally approved pursuant
to the Development Plan or (ii) if such commercial site precise plan of design review has not
been approved, the lot is a subdivided lot and the conditions If approval of the subdivision map
require security to the reasonable satisfaction of the City for the performance of the improvement
obligations applicable to the lot, may submit a request, in writing, to the City to release said lot
from the obligations under this Agreement relating to all other portions of the Property. Within
thirty (30) days of such request, the City's Community Development Director, or his or her
designee, shall review and, if the above conditions are satisfied, shall approve the request for
release and notify the Transferee in writing thereof.
3.7.3 Release of Recreational Lots. This Agreement shall terminate with
respect to any lot designated in the Development Plan, this Agreement, or the Development
Approvals for recreational or open space uses upon completion of all improvements required for
that lot as identified in the Development Plan and commencement of recreational use of such lot.
3.7.4• Release of Infrastructure Obligations. Upon completion of any obligation
of the Owner for the performance of infrastructure improvements covered by the Phasing Plan,
upon request of the Owner, the City shall release the Owner from such obligation and shall
provide written evidence of the completion of such obligation as provided in Section 3.7.5.
3.7.5 City to Execute Acknowledgments of Release. Upon written request by
the Owner, the City shall provide releases, reasonably acceptable to the City Attorney in form
and substance, confirming the provisions of this Section 3.7 as to a particular lot, MFU, portion
of the Property or infrastructure obligation. No such release )approved pursuant to this Section
3.7.5 shall cause or otherwise effect a release of the Owner from its duties and obligations under
this Agreement as to the remainder of the Property owned by the Owner or remaining
infrastructure obligations to be performed by the Owner.
57848-00030-1385098.11
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3.8. Amendment or Cancellation of Agreement. This Agreement may be amended,
modified or canceled in whole or part only by the following means:
(i) As provided in Article 7;
(ii) Pursuant to Government Code Section 65869.5, as necessary to
comply with state or federal laws or regulations enacted after the Effective Date; provided,
however, that this Agreement shall remain in full force and ffect to the extent that it is not
inconsistent with such laws or regulations and to the extent such laws or regulations do not
render the remaining provisions of this Agreement impractical to enforce; or
(iii) By mutual written consent of both' the City and the Owner pursuant
to Government Code Section 65868, following all required public notices and hearings and City
Council approval; provided, however, that within the limits of the authority granted to him or
her, the City's Director of Community Development may make the following minor
modifications to this Agreement without the need for form I action by the City's Planning
Commission or City Council:
(a) Minor Project modifications such as are permitted under
the Specific Plan;
(b) Minor modifications of schematic plans previously
approved by the City;
(c) Minor modifications that do not alter the Term of this
Agreement,the permitted uses, density or intensity of uses,the maximum height or size of
buildings,provisions for reservations or Dedication of land, conditions, terms, restrictions and
requirements relating to Subsequent Development Approvals, and monetary contributions by the
Owner; or
(d) Clarifications or adjustments by Operating Memoranda, as
provided in Section 4.4.
3.9. Automatic Termination. This Agreement shah automatically terminate upon the
occurrence of any of the following events:
(i) Expiration of the Term of this greement as set forth in Section
3.5, or as provided by Section 12.3;
(ii) Entry of a final judgment setting aside, voiding or annulling the
adoption of the Ordinance approving this Agreement;
(iii) The failure of the Annexation of the Annexation Property to occur
by December 31, 2010 (or, in the event the Agreement is extended pursuant to Section 3.5,
December 31, 2015);
57848-00030-1385098.11
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(iv) Completion of the Project in accordance with the terms of this
Agreement, including issuance of all required occupancy permits and acceptance by the City or
other applicable public agency of all required Dedications and improvements; or
(v) The entry of a final judgment)) (or a decision on any appeal
therefrom) voiding the General Plan or any element thereof, which judgment or decision would
preclude Development of the Project, but only if the City is unable to cure such defect in the
General Plan or element within two (2) years from the later of entry of final judgment or the
decision on appeal.
Termination of this Agreement shall not constitute termination of any other land use
entitlements approved for the Property. Upon the termination of this Agreement, no Party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination, or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination, or with respect to any
obligations which are specifically set forth as surviving this Agreement. Upon such termination,
all Processing Fees and other monetary amounts paid pursuant)to Article 5 by the Owner to the
City for any residential unit or commercial structure for which construction has not yet begun
shall be refunded (without interest) to the Owner by the City within forty-five (45) days after
termination, unless otherwise specifically provided elsewhere in this Agreement.
3.10. Notices.
3.10.1 As used in this Agreement, "notice" includes, without limitation, the
communication of notice, request, demand, approval, statement, report, acceptance, consent,
waiver, appointment or other communication required or permit
ed hereunder.
3.10.2 All notices shall be in writing and shall be considered given: (i) when
delivered in person to the recipient named below; or(ii)three (3) days after deposit in the United
States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of
delivery shown in the records of the delivery company after delivery to the recipient named
below; or(iv) on the date of delivery by facsimile transmission to the recipient named below. All
notices shall be addressed as follows:
57848-00030-1385098.11
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If to the City:
City Manager
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
Facsimile: (626) 334-6358
With copies to:
Azusa City Attorney
c/o City Clerk
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
Facsimile: (626) 334-6358
If to the Owner:
Monrovia Nursery Company
18331 East Foothill Boulevard
P. O. Box 1385
Azusa, CA 91702-1385
Facsimile: (819) 334-3126
With copies to:
3.10.3 Any Party may, by notice given at any time, require subsequent notices to
be given to another person or entity, whether a Party or an officer or representative of a Parry, or
to a different address, or both. Notices given before actual receipt of notice of change shall not
be invalidated by the change.
ARTICLE 4. DEVELOPMENT OF THE PROPERTY.
4.1. Right to Develop. The Owner shall, subject to the terms of this Agreement, have
a vested right, but not the obligation, to Develop the Project, including a total of 1,250 dwelling
units and 50,000 square feet of commercial development as genlerally depicted on the Illustrative
Site Plan incorporated herein as Exhibit "F," in accordance with and to the extent of the
Development Plan, subject to the Existing Land Use Regulations and Reservations of Authority.
Neither the City, nor any person or agency acting on behalf of the City or at the City's request,
57848-00030-1385098.11
14
shall take any action relating to the Property which would have the direct or indirect effect to
interfere with the Owner's rights to the Development of the Project, including a total of 1,250
dwelling units and 50,000 square feet of commercial development, on the Property under this
Agreement, provided that the Owner has complied with its obligations under this Agreement.
The Owner shall have no liability under this Agreement if the contemplated Development of the
Project fails to occur in whole or in part. The Property shall remain subject to all Subsequent
Development Approvals required to complete the Project as contemplated by the Development
Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the
density and intensity of use, the maximum height and size of proposed buildings, the
Development Exactions and provisions for the reservation and Dedication of land for public
purposes and other terms and conditions of Development applicable to the Property shall be
those set forth in the Development Plan and as generally depicted on the Illustrative Site Plan.
Notwithstanding the foregoing, the size, configuration, height and location of structures,
improvements, infrastructure and other features, the site layout and basic design concepts, the
size, shape and dimensions of particular parcels, the grades and elevations of pads and other
features, and the locations of streets, utilities, ingress and egress, among other things, shown on
Exhibit "F" are illustrative only and are, therefore, subject to change upon written notice from
the Owner, and the City shall execute any Operating Memorandum relative thereto in accordance
with Section 4.4 hereof, provided that such changes are otherwise consistent with the Vesting
Tentative Map. The Property may also be used and developed as additionally authorized by any
Subsequent Development Approvals requested by the Owner and by amendments, if any,
hereafter entered into in accordance with Section 3.8 of this A ment.
4.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided
by this Agreement, the rules, regulations and official policies and conditions of approval
governing permitted uses of the Property, the density and intensity of use of the Property, the
maximum height and size of proposed buildings, subdivision, public improvements (including
infrastructure and utilities), provisions to reserve and Dedicate land, ALW infrastructure and
other requirements, standards and impositions, Development Exactions and the design,
improvement, occupancy and construction standards and specifications applicable to
Development of the Property shall be the Existing Land Use regulations. Except as otherwise
provided in this Agreement, the City shall only charge to the Project those fees, assessments and
amounts which were in effect as of January 20, 2004, and no additional Development Exactions.
Development Exactions under the Subdivision Map Act maybe imposed by the City on the
Development of the Property, provided, however, that in approving tentative subdivision maps,
the City may impose only those ordinary and necessary requirements to Dedicate rights-of-way
or easements for public access, utilities, water, sewers and drainage, having a direct nexus with
•the particular subdivision; provided, further, that the City may impose and will require normal
and customary subdivision improvement agreements and commensurate security to secure
performance of the Owner's obligations thereunder. Notwithstanding the foregoing, the
Development Plan for the Project, the Illustrative Site Plan and this Agreement shall supersede
all Existing Land Use Regulations that may be inconsistent therewith.
57848-00030-1385098.11
15
This Agreement shall be enforceable by the Owner of any portion of the Property and all
successor(s) or assign(s), notwithstanding any change in or addition to the applicable General
Plan, specific plans, zoning, subdivision, ALW regulations, requirements, policies or procedures,
land use, building or occupancy resolutions, ordinances, orders, actions, initiatives, referenda,
policies, plans or regulations (including but not limited to the rules, regulations or official
policies relating to zoning; growth management; subdivision; land use; moratoria; permitted
uses; intensity of use; density; design; levels of service for traffic improvements or traffic
mitigation requirements; ALW infrastructure and other requirements, standards and impositions;
utilities; schools;parks; police, fire or paramedic protection; drainage protection or flood control;
restrictions, if any, on timing, sequence, or phasing of development; grading; slope development
standards; construction, improvement, building or occupancy standards or specifications;
requirements to provide public improvements, services or infrastructure (or contributions in lieu
thereof) or Dedications or reservations of property for public use; or any other conditions or
exactions applicable to the Development of the Property o i the Project) enacted, approved,
adopted or instituted by the City (including by the electorate, by initiative, referendum or
otherwise) after the Effective Date.
Except as otherwise provided in Article 6 of this Agreement, the City may not include the
Property in any community facilities, assessment or other district formed by or on behalf of the
City without the consent of the Owner, or Owner's successor(s) in interest to the Property (or
portion thereof).
4.3. Timing of Development. The Parties acknowledge that the Owner cannot at this
time predict when or the rate at which phases of the Property will be developed. Such decisions
depend upon numerous factors which are not within the control of the Owner, such as market
orientation and demand, interest rates, absorption, completion and other similar factors. Since the
California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.
3d 465, that the failure of the parties therein to provide for the timing of development resulted in
a later adopted initiative restricting the timing of development to prevail over such parties'
agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that
the Owner shall have the right to Develop the Property in such order and at such rate and at such
times as the Owner deems appropriate within the exercise of its business judgment, subject only
to any timing or phasing requirements set forth in the Existing Development Approvals, the
Phasing Plan or this Agreement. No future amendment o any existing City ordinance or
resolution, or future adoption of any ordinance, resolution or other action, that purports to limit
the rate or timing of development over time or alter the sequencing of the development phases or
entitlements to use or service (including without limitation water and sewer), or construction of
all or any part of the Project, whether imposed by ordinance, initiative, resolution, policy, order
or otherwise and whether adopted or imposed by the City Council or through the initiative or
referendum process, shall apply to the Property or any portion thereof.
4.4. Operating Memoranda. The provisions of this Agreement require a close
degree of cooperation between the City and the Owner. The anticipated refinements to the
Project and to the Development of the Property may demonstrate that clarifications to this
57848-00030-1385098.11
16
Agreement and the Existing Land Use Regulations are appropriate with respect to the details of
performance of the City and the Owner. To the extent allowable by law, the Owner shall retain a
certain degree of flexibility as provided herein with respect to, -all matters, items and provisions
covered in general under this Agreement including the Exhibits hereto, except for those which
relate to the (i) term; (ii) permitted uses; (iii) density or intensiIty of use; (iv) height or size of
buildings; (v) provisions for reservation and dedication of land; (vi) development of public
improvements or monetary contributions by the Owner; or (vii) any conditions or covenants
relating to the use of the Property. The Parties acknowledge and agree that the Development
Plan is conceptual, and that the location, extent, dimensions, elevations and configurations of
elements, features and engineering aspects of the Project may be modified by the Owner, at the
Owner's option, so long as such modifications are consistent with the express requirements of
the Development Plan. When and if the Owner finds it necessary or appropriate to make
changes, adjustments or clarifications to matters, items or provisions not enumerated in (i)
through (vii) above, the Parties shall effectuate such changes, adjustments or clarifications
through operating memoranda (the "Operating Memoranda"))acknowledged by the Parties in
writing which reference this Section 4.4. Operating Memoranda shall constitute only ministerial
clarifications, and are not intended to constitute an amendment to this Agreement; therefore
public notices and hearings shall not be required.
The term "Agreement" herein shall include all amendments properly approved and
executed pursuant to Section 3.8 and all changes, adjustments or clarifications by Operating
Memoranda as set forth in this Section 4.4.
4.5. Processing of Implementing Subsequent Dev lopment Approvals. The City
shall retain its discretionary powers in conducting hearings and reviewing and acting on
applications for Subsequent Development Approvals (other than ministerial determinations,
including approval of the substantial conformance maps for tentative tract maps) for the Project
not yet granted on the Effective Date, and imposing reasonable conditions in connection with
such Subsequent Development Approvals, provided that the reviews shall be applied in a manner
that is consistent with this Agreement and the Existing Land Use Regulations and provided that
any such Subsequent Approvals and the conditions thereto do not materially delay, impede,
interfere with, or place burdensome or restrictive measures in connection with, the Development
of the Project or any portion thereof or the land uses, densities) or intensities of use, the timing,
sequence or phasing of development, public improvements, Project Development Exactions and
requirements to Dedicate land, or other matters covered by this Agreement, and provided further
that such conditions shall not impose additional obligations to DIledicate land or infrastructure and
public improvement requirements, fees or Project Development Exactions in excess of those
identified in this Agreement. The City shall promptly consider and adopt or grant the necessary
Subsequent Development Approvals for the Project which are a logical evolution of and which
will accomplish the goals, objectives, policies and plans of the Development Plan, including,
without limitation, the substantial conformance maps for tentative tract maps, grading plans,
engineering plans, utility plans, and architectural and design plans. The City shall not impose
any conditions, items, restrictions or requirements upon the Subsequent Development Approvals
which are inconsistent with this Agreement or which will, directly or indirectly, prevent, impede,
57848-00030-1385098.11
17
or hinder Development of the Project. The Owner applying for any Subsequent Development
Approval may protest any conditions, Dedications, Development Exactions or fees while
continuing with the Development of the Property while satisfyumg the protested item, and such a
protest shall not delay or stop the issuance of building permits or certificates of occupancy.
4.6. Changes and Amendments to Approvals. Throughout the Term of this
Agreement, the Owner shall have the right, at its election and without risk to any right that is
vested pursuant to this Agreement, to apply to the Cityl for modifications to Existing
Development Approvals and Subsequent Development Approvals. Upon application by the
Owner for a Subsequent Development Approval to effectuate such change, the City shall act on
such application in accordance with the Existing Land Use Regulations, subject to the
Reservations of Authority; provided, however, that a Subsequent Development Approval shall
not be required for minor amendments (as specified in the Development Plan), for approvals of
substantial conformance maps for tentative tract maps or for modifications by the Owner
permitted pursuant to Section 4.4 hereof. The processing, reviiew and approval by the City of
any such modifications shall proceed in accordance with Section 4.15 hereof The approval or
conditional approval of any such modification shall not require an amendment to this Agreement,
provided that, in addition to any other findings that may be (required in order to approve or
conditionally approve the modification, a finding is made that the modification is consistent with
this Agreement. If approved, any such change in the Existing Development Approvals or the
Subsequent Development Approvals shall be incorporated as an addendum to Exhibit "C',
(Existing Development Approvals), and may be further changed from time to time as provided in
this Section 4.6.
4.7. Reservations of Authority. Any other provision of this Agreement to the
contrary notwithstanding, Subsequent Land Use Regulations so limited to the following shall
apply to the Development of the Property:
(i) Processing Fees imposed by the City to cover the estimated or
actual costs to the City of processing applications for Development Approvals or for monitoring
compliance with any Development Approvals granted or issued, which fees are charged to
reimburse the City's lawful expenses attributable to such applications, processing, permitting,
review and inspection and which are published and in force and effect on a citywide basis at such
time as said approvals, permits, reviews, inspections or entitlements are applied for by the
Owner, and provided that such fees do not exceed the fees that are generally charged by the City
to other applicants on a non-discriminatory basis for simillar approvals, permits, review,
inspections or entitlements.
(ii) Purely procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, and appeals which
are published and in force and effect on a citywide basis; provided that such purely procedural
regulations shall not add, modify or alter the Developmelnt Approvals required for the
Development of the Property or the standards,requirements or conditions applicable thereto.
57848-00030-1385098.11
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(iii) Regulations governing engineering and construction standards and
specifications, including any and all uniform codes adopted by the State of California and
subsequently adopted by the City, including local amendments to those codes pursuant to state
law allowing for such amendments; provided that (a) such local amendments are uniformly
applied to all new development projects of similar type as the Project in the City, (b) that such
local amendments do not mandate the installation of fire sprinklers within any residential
structures (so long as the Owner's agreement with the Los Angeles County Fire Department
described in Section 5.11 does not require the installation of fire sprinklers), and (c) such local
amendments are supported by a finding of the City Council on a four-fifths (4/5) vote that the
local amendment is, based upon substantial evidence, necessary for the protection of public
health, safety and welfare, due to local climatic, geographical or topographical conditions.
(iv) At Owner's sole option, Subseq lent Land Use Regulations which
are in conflict with the Development Plan may be applied to the Development of the Property,
provided that the Owner has given written consent to the application of such regulations to the ,
Development of the Property.
4.8. Public Works. The Owner is required by this Agreement to construct certain
public work facilities which will be Dedicated to the City or other public agencies upon
completion. Unless required by applicable law to do so, the Owner shall not be required to
perform such work in the same manner and subject to the same requirements as would be
applicable to the City or such other public agency should it have undertaken such construction,
including, without limitation, the payment of prevailing wages pursuant to Labor Code Section
1770 et. seq. This Section 4.8 shall not be deemed to modify or amend Section 4.7(iii) of this
Agreement.
4.9. Provision of Real Property. Except as otherwise provided in this Agreement, in
any instance where the Owner is required to construct any public improvement on land not
owned by either the Owner or the City, the Owner shall at its sole cost and expense provide, or
cause to be provided, the real property interests necessary for the construction of such public
improvements. In the event the Owner is unable, after exercising reasonable efforts, including,
but not limited to, its rights under Sections 1001 and 1002 of the Civil Code, to acquire the real
property interests necessary for the construction of such public improvements, and if so
requested by the Owner and upon the Owner's provision of adequate security for costs the City
may reasonably incur, the City shall use reasonable good faith)efforts to negotiate the purchase
of the necessary real property interests to allow the Owner to construct the public improvements
as required by this Agreement. Upon the failure of the City to acquire the necessary property
interests by negotiation, the City agrees to consider the use of lits powers of eminent domain to
acquire those property interests. Nothing in this Agreement shall be in any way construed to
require the City to acquire such real property interests through exercise of its eminent domain
powers. Nothing herein shall be construed to mean that the City is agreeing or has agreed to
exercise the right of eminent domain, which rights shall be exercised only in the sole discretion
of the City and only after the City has determined pursuant to law that there is substantial
evidence of each of the following:
57848-00030-1385098.11
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(i) The public interest and necessity require the subject public
improvements;
(ii) The public improvements are planned and located in the manner
that will be most compatible with the greatest public good and i e least private injury;
(iii) The real property interests are necessary for the public
improvements; and
(iv) That either the offer required by Government Code Section 7267.2
has been made to the owner or owners of record of the real property interest, or the offer has not
been made because the owner or owners of record cannot be located with reasonable diligence.
This Section 4.9 is not intended by the Parties to impose upon the Owner an enforceable
duty to acquire land or construct any public improvements on land not owned by the Owner or
the City.
Prior to undertaking any proceedings for voluntary acquisition or condemnation, the City
and the Owner shall enter into an agreement which provides for the Owner's deposit with the .
City of an amount of funds necessary to reimburse the City for ]nll costs and expenses incurred by
the City relative to such acquisition or condemnation, including, without limitation, the City staff
time, acquisition costs, appraisal costs, legal costs, negotiation costs, litigation costs and
attorneys' fees. The failure of the Owner to enter into the agreement with the City described in
the preceding sentence shall relieve the City of all of its obligations pursuant to this Section 4.9;
provided, however, that the Owner shall still be obligated to c I nstruct the public improvements
and facilities, or substitute improvements and facilities, as further described in Article 5 of this
Agreement.
Where the Owner is required to construct any public improvement on land owned by the
City, the City shall allow the Owner to construct such pulilic improvements on the City's
property free of charge, provided that the Owner pays for all costs associated with temporarily
moving or relocating any public utilities or other public improvements already located on the
City property.
4.10. Environmental Compliance. After consideration of the potential adverse
environmental impacts associated with the Project, the City has imposed mitigation measures in
accordance with CEQA, as specified in the Mitigation Monitoring Plan attached as Exhibit "D,"
to the fullest extent the City considers feasible and necessary. The City has determined that the
Development of the Project in the manner contemplated by the Development Approvals and this
Agreement will provide the mitigation measures needed to alleviate short-run and long-run
potential adverse environmental impacts created by the Project, and that the public benefits to be
derived from the Development of the Project override any potential adverse environmental
impacts which may arise from the Development of the Project. Therefore, the City agrees that
no subsequent or supplemental EIR shall be required by the City for the Subsequent
Development Approvals implementing the Development of the Project pursuant to the
57848-00030-1385098.11
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Development Plan unless required pursuant to California Public Resources Code Section 21166
and Title 14 California Code of Regulations, Section 15162. lFor purposes of this analysis, the
term "new information" does not mean discovery that probabilities of adverse (or beneficial)
results considered in the approval of this Agreement, the Existing Development Approvals or the
EIR may prove incorrect, or that such probabilities are or are riot becoming, or have or have not
become, realities; but instead, "new information" requires that the actual quantitative or
qualitative extent of the underlying issues were not considered and could not have been
considered in the environmental analysis associated with the approval of the Existing
Development Approvals,this Agreement and the EIR.
4.11. Regulation by Other Public Agencies. It is acknowledged by the Parties that
other public agencies not within the control of the City possess authority to regulate aspects of
the Development of the Property separately from or jointly with the City, and this Agreement
does not limit the authority of such other public agencies.
4.12. Processing Obligations. The City hereby agrees that it will accept from the
Owner for processing and review all applications for Subsequent Development Approvals,
provided that said applications are submitted in accordance with the Existing Land Use
Regulations. To the fullest extent allowed by law, the City shall process all applications filed in
connection with the Development of the Project as expeditiously as possible and shall complete
at the earliest possible time all steps necessary for the implementation of this Agreement and the
Development of the Project, including, but not limited to, the following:
(i) The processing of applicationfor and the issuance of all
Development Approvals requiring the exercise of judgment and deliberation by City, including
without limitation, the Subsequent Development Approvals;
(ii) The retention, upon the Owner's request, of outside plan check
consultants to assist in processing of applications and plans (including infrastructure and storm
drain plans), at the Owner's cost;
(iii) The holding of any required public hearings;
(iv) The processing of applications for and the issuance of all
ministerial approvals requiring the determination of conformance with the Existing Land Use
Regulations, including, without limitation, conformance maps for tentative tract maps (including
Vesting Tentative Tract Map No. 54057), determinations of compliance with the conditions of
approval of the Development Approvals, site plans, grading plans, improvement plans, building
plans and specifications, and ministerial issuance of one or more final maps, zoning clearances,
grading permits, improvement permits, wall permits, building permits, lot line adjustments,
encroachment permits, temporary use permits, certificates of use and occupancy and approvals
and entitlements and related matters as necessary for the completion of the Development of the
Property within thirty (30) days after application is made therefor or the City shall deliver
written notice within said thirty (30)-day period specifically identifying why the requested
ministerial approval is not consistent with this Agreement;
57848-00030-1385098.11
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(v) During the preparation of all drawings, plans, and related
documents, staff of the City and the Owner shall hold regular progress meetings as heeded to
coordinate the preparation and review of such items, and the staff of the City and the Owner
shall communicate and consult informally as frequently as is necessary to ensure that the formal
submittal of any documents to the City can receive prompt and((speedy attention; and
(vi) The City shall assume responsibility for the processing of all
infrastructure and flood control plans and shall not utilize LosAngeles County personnel for any
such processing.
4.13. No Revocation; Disapprovals. No plan, permit, approval or Subsequent
Development Approval for the Development of the Project o i the Property shall be revoked or
subsequently disapproved once issued by the City, provided that the Development of the Project
or the Property is consistent with such approval and provided that issuance of the original
approval was not obtained by fraud or deceit by the Owner. Any disapproval by the City shall
state in writing the reasons for such disapproval and the suggested actions to be taken in order
for approval to be granted.
4.14. State, Federal or Case Law. Where any state, federal or case law allows the
City to exercise any discretion or to take any action with respect to that law, the City shall, in an
expeditious and timely manner, at the earliest possible time, (i) exercise its discretion in such a
way as to be consistent with, and carry out the terms of, this agreement and (ii) take such other
actions as may be necessary to carry out in good faith the terms of this Agreement.
4.15. Processing Cooperation. To the extent p rmitted by law, the City shall
cooperate with and actively assist the Owner in securing any and all entitlements, authorizations,
permits or approvals which may be required by or from any other governmental or quasi-
governmental entity in connection with the Development of the Project or the Property, including
without limitation the Annexation of the Annexation Property (including related County of Los
Angeles tax rate determinations), the joint use arrangements Property
Azusa Unified School District
("AUSD") for the 5.5 acre "Great Park" (shown on Exhibit `B" attached hereto), the grade
separation of the railroad crossings at Citrus Avenue and Palm Drive, the realignment and
undergrounding of the Covina Canal and compliance witffie Settlement Agreement with the
City of Glendora described in Section 5.9. The City shall cooperate with the Owner in any
dealings with federal, state and other local governmental and quasi-governmental entities and
with any utilities and institutions concerning issues affecting the Property, including without
limitation the Regional Water Quality Control Board, the Army Corps of Engineers, the
California Department of Fish and Game, the City of Glendora, the San Gabriel River Water
Committee, the Covina Irrigation Company, the San Gabriel)Valley Municipal Water District,
the Public Utilities Commission, the Los Angeles County anitation District, the Blue Line
Construction Authority, the Southern California Regional Rail Authority/Metro Link,
Burlington Northern & Santa Fe Rail, Citrus College, Azusa Pacific University, Southern
California Edison, the Local Agency Formation Commission, the County of Los Angeles Fire
Department, AUSD, the South Coast Air Quality Management District and the County of Los
57848-00030-1385098.11
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Angeles. Without limiting the generality of the foregoing, the City shall use its best efforts to
ensure that the actions taken and requirements imposed by such governmental entities do not
adversely impact the Development of the Property. The City shall keep the Owner fully
informed with respect to its communications with such agencies which could impact the
Development of the Property.
4.16. Other City Obligations. In consideration for the public benefits provided by the
Owner as more particularly described in Article 5 of this Agreement, the City shall perform the
following:
(i) Timely complete the design, construction, installation and
maintenance of the Transportation/Circulation Improvements as defined and described in Section
5.6 hereof;
(ii) Promptly accept all Dedications of land or improvements by the
Owner, and either transfer the one hundred eighty (180) acres of open space area shown on
Exhibit `B" (excepting required fuel modification zones) to a non-profit conservancy
organization or accept the Dedication thereof as permanent opin space;
(iii) Approve the realignment and undergrounding of the Covina Canal,
including the portion that traverses Pioneer Park;
(iv) Acknowledge and agree that the County of Los Angeles shall act
as the permitting authority, and serve as the lead agency under CEQA, as to all permits relating
to the landfill remediation on the Property; and
(v) Complete the formation of the community facility districts, special
assessment districts and similar financing mechanisms as set forth in Article 6.
4.17. Reimbursement and Apportionment. In the event that the Parties mutually
agree upon a condition of an Existing Development Approval or a Subsequent Development
Approval or other arrangement requiring excess capacity or sizing of Dedications or public
facilities beyond that required by the Existing Land Use Regulations to serve the Project, the
City and the Owner shall enter into a reimbursement agreement for the portion (if any) of the
cost of any Dedications, public facilities and/or infrastructure tll the extent that they are in excess
of those reasonably necessary to mitigate the impacts of the Project or Development on the
Property.
4.18. Tentative Maps. The term of any tentative subdivision map filed in connection
with the Project shall, at a minimum, be co-extensive with the erm of this Agreement; provided,
that, in addition, the City shall extend all such maps to the fullest extent allowed under the
applicable provisions of the Subdivision Map Act (Government Code Section 66410, et seq.) or
the City's Municipal Code.
57848-00030-1385098.11
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If any tentative or final subdivision map approved in connection with Development of the
Property is a vesting map under the Subdivision Map Act and the City's Municipal Code, and if
this Agreement is determined by a final judgment of a court of competent jurisdiction to be
invalid or unenforceable insofar as it grants a vested right to develop to the Owner,then, and to
that extent, the rights and protections afforded the Owner under the laws and ordinances
applicable to vesting maps shall supersede the provisions of this Agreement.
4.19. Insurance. During the period of the construct ion of any public improvements
contemplated by this Agreement, the Owner shall, at its sole cost and expense, maintain
comprehensive general liability insurance and worker's compensation insurance, each with
stated policy limits of Two Million Dollars ($2,000,000) per occurrence. Insurance shall be
provided by a carrier admitted in California, and with a Best's rating of B+XII or better.
Coverage shall be afforded on an "occurrence", not"claims made," basis, and shall be primary to
any insurance that the City may maintain.
Prior to commencing any public improvement or pursuant to this Agreement or the
Development Approvals, the Owner shall cause its ins ance carriers to issue certificates of
insurance, naming the City and its elected officials, officers, employees, agents and contractors
as additional insureds under the terms of said policies. The certificates of insurance shall state
that the coverage may not be canceled, nor the limits of liability reduced, without thirty (30)
days' prior written notice to the City.
ARTICLE 5. PUBLIC BENEFITS.
5.1. Development Agreement Fee. In consideration for the approval of this
Agreement, which shall provide the Owner with valuable vested land use entitlements, the
Owner shall pay the City the following amounts (the"Development Agreement Fee"):
(i) Within twenty-one (21) calendar days after the date that the
Property (or a portion thereof) is sold by MNC for value to a developer or homebuilder for
Development of the Project (or a portion thereof), the Owner shall pay to the City the sum of
Two Thousand Eight Hundred Dollars ($2,800) for each of the 1,250 dwelling units authorized
under the Specific Plan in an aggregate amount of Three Million Five Hundred Thousand Dollars
($3,500,000); and
(ii) Upon the issuance of each certificate of occupancy for a dwelling
unit, the Owner shall pay to the City the sum of One Thousand Two Hundred Dollars ($1,200)
per dwelling unit; provided that the total amount of such payments shall not exceed One Million
Five Hundred Thousand Dollars ($1,500,000). In the event that, as of January 1, 2011,
certificates of occupancy have not been requested for at least 1,100 dwelling units, then on or
before February 1, 2011, the Owner shall pay the City the difference between the total sum paid
under this Section 5.1(ii) for the certificates of occupancy issued on or before February 1, 2011
and the sum of One Million Five Hundred Thousand Dollars ($1,500,000) and, thereafter, no
further payment shall be required under this Section 5.1(ii).
57848-00030-1385098.11
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For purposes of Section 5.1, Section 5.7 and Section 5.16(v), the word "sold" shall mean
the recordation of a grant deed transferring fee title to the Property(or portion thereof).
5.2. Fiscal Impact Mitigation. The City has obtained a Fiscal Impact Analysis dated
March 2003 (the"Fiscal Impact Analysis")to ascertain the projected fiscal impacts of the Project
to the City. In fulfillment of the requirement to attain a neutral fiscal impact and to offset the
negative direct net fiscal impact of the Project to the City, the Owner agrees to the formation of a
Maintenance CFD (as defined in Section 6.1) or implementation of other mechanism to fund the
maintenance of the ongoing usefulness of the parks and the debris basins located within the'
Property. The Owner and the City shall jointly clarify the maintenance obligations in
conjunction with the formation of the Maintenance CFD. lihe maintenance budget for those
public facilities shall include sufficient reserves so as to maintain the usefulness of the facilities
through repair, replacement and reconstruction. The Owner shall prepare and submit to the City
for review and approval by the City Engineer and the Community. Development Director a
Maintenance Responsibility Plan specifically identifying the mechanisms to be utilized, as
provided in Condition No. 8 to the Existing Development Approvals. This Agreement shall be
deemed to satisfy Condition No. 9 of the Existing Developmerit Approvals to achieve a perpetual
neutral fiscal impact.
5.3. Water System Capital Improvements and Satisfaction of Water Fees.
(i) The Owner shall prepare a Projel t Water Master Plan (the "Project
Water Plan") that identifies the estimated Project water demands for each pressure zone, storage
requirements, booster stations, regulators, off-site improvements, relocations of existing facilities
and preliminary sizing of the proposed water system improvements to serve the Project (the
"Project Water System"), in fulfillment of Condition No. 16 of the Existing Development
Approvals.
(ii) In accordance with the Project Water Plan, (1) the Owner shall be
responsible for the difference between the Total Reservoir Cost (as hereinafter defined) of the
Replacement Nursery Reservoir (as hereinafter defined) anld ALW's Proportional Share (as
hereinafter defined) of the Total Reservoir Cost (the "Project'Is Proportional Share") and (2) the
Owner shall construct and complete the following Project Water System components which are
listed as planned infrastructure facilities in the Water System Master Plan (the "Water System
Master Plan") prepared by ALW and identified as Phase III facilities (which serve new
development) in ALW's Water Facility Fee Evaluation, dated)September 16, 2002, for purposes
of establishing the Water System 2002 Development Fee ("Water Development Fee"): (a) the
Beatty Reservoir, sized to provide the capacity needed to serve the Project demand in the 1023
pressure zone; (b) the inlet-outlet pipe connecting the Replacement Nursery Reservoir to the
existing pipe at the Heth Reservoir, sized to match the existing pipe at the Heth Reservoir and
enlarged to the extent needed to serve Project water demands;I(c) the inlet-outlet pipe connecting
the Beatty Reservoir to the eastern terminus of Sierra Madre Avenue, sized to match the existing
pipe in Sierra Madre Avenue and enlarged to the extent needed to serve Project water demands;
(d) the replacement and relocation within the Property of that portion of the existing pipeline
57848-00030-1385098.11
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paralleling the Covina Ditch that is located within the Property and, to the extent needed to serve
the Project water demands, the enlargement of the pipeline size; (e) the pipeline connecting the
Dalton Booster Station to the Replacement Nursery Reservoir, sized as specified in the Project
Water Plan; and (f) if deemed necessary to serve the Project under the Water Master Plan, a
booster pump for the Dalton Pump Station to provide water to the Replacement Nursery
Reservoir (collectively, the "Water System Facilities"). The construction of the Water System
Facilities shall be phased in accordance with the Phasing Plan.
(iii) The Owner shall receive a credit against. the Water Development
Fee and the Water Annexation Fee in the amount of the Project's Prportional Share as to the
Replacement Nursery Reservoir and the construction, design and engineering costs of the Water
System Facilities as set forth in the Water System Master Plan's cost estimate for purposes of
establishing the Water Development Fee. The Water Development Fee applicable to the Project
shall be the Water Development Fee adopted October 7, 2002 by Resolution No. 02-C102, as
adjusted to reflect annual increases in the Construction Cost Index to the date of completion of
each structure for which such Water Development Fee is payable. The City acknowledges and
agrees that the estimated construction, design and engineering costs of the Water System
Facilities as set forth in the Water System Master Plan together with the Project's Proportional
Share significantly exceed the Water Development Fee and the Water Annexation Fee for the
Project, and that the Water System Facilities and the Project's Proportional Share shall be
deemed to satisfy in full the Water Development Fee and the Water Annexation Fee for the
Project.
(iv) The existing above-ground Monrovia Nursery Reservoir (the
"Existing Reservoir"), which has a capacity of 3.3 million (gallons (mg) and serves the 830
pressure zone, is located on property owned by the City (the "ALW Property"). The Water
Master Plan contemplates replacement of the Existing Reservoir with a reservoir at elevation 830
(the "Replacement Nursery Reservoir") which is to be buried in land within the Property (Lot
751 ("Lot 751") of Vesting Tentative Tract Map No. 54057). I The City and the Owner agree to
exchange the ALW Property and Lot 751 at no cost to either Party. In addition, the Owner shall
construct the Replacement Nursery Reservoir, and the City shall pay to the Owner the portion
("ALW's Proportional Share") of the total design, engineering and construction costs of the
Replacement Nursery Reservoir (the "Total Reservoir Cost")I attributable to the difference (the
"Excess Capacity") between the capacity needed to serve the Project in the 830 pressure zone as
specified in the Project Water Plan (the "Development Storage Capacity") and the proposed 3.3
mg (or larger, at the City's option) capacity (the "Total Reservoir Capacity"), calculated as
follows:
Total Reservoir Capacity
Development Storage Capacity X To Reservoir Cost.
Total Reservoir Capacity
57848-00030-1385098.11
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(v) ALW, at its option, may require that the Owner increase the size or
capacity of any component of the Project Water System outlined in the Project Water Plan (other
than the Replacement Nursery Reservoir addressed in (iv) above) so that such component is
sized to exceed the capacity necessary to serve the Project (the "Oversized Improvements") at
ALW's cost and expense to the extent of the additional capacity (the "Incremental Cost"). The
Incremental Cost shall be the difference between the design, engineering and construction costs
of the Project Water System (or portion thereof) and the design, engineering and construction
costs of the proposed Oversized Improvements, including any facilities, improvements or other
elements attributable to such Oversized Improvements or increased capacity. Upon such request
by ALW, the Owner shall construct the Oversized Improvements upon terms and conditions
agreed upon by the Owner and ALW.
(vi) The Incremental Costs and the ALW's Proportional Share shall be
paid to the Owner by ALW within one hundred twenty (120) days er the completion of each
of the Project Water System (or component thereof) and the Replacement Nursery Reservoir,
respectively.
(vii) Prior to issuance of thefirst grading permit for Project
construction, the Parties hereby agree that the City shall sell to the Owner, and the Owner shall
purchase from the City, the Heth Reservoir Site at fair market value as determined by an
appraisal performed by an MAI appraiser jointly selected 'by the Owner and the City, and the
Owner shall thereafter remove the existing water tank and salvage any pumps or other equipment
to the extent reasonably feasible. Upon the transfer of the Hett Reservoir Site to the Owner, the
"Property" covered by this Agreement shall be deemed to include the Heth Reservoir Site, and
the legal description of the Heth Reservoir Site shall be added to Exhibit "A"hereto.
(viii) The City agrees and acknowledles that this Section 5.3 shall be
deemed to satisfy Condition No. 12 of the Existing Developmet Approvals.
(ix) The land on top of the Replacement Nursery Reservoir is
incorporated as park land in the Parks Summary, attached as Exhibit "H" to this Agreement, and
the maintenance costs for such park land shall be included in the Maintenance CFD.
5.4. Cemetery Access and Improvements. The (IOwner shall, at its sole cost and
expense, provide certain improvements and provide access tlo the Fairmount Cemetery as set
forth in the Agreement Regarding Cemetery Improvements, dated February 24, 2003, between
the Owner and the Fairmount Cemetery. Such agreement satisfies the Mitigation Monitoring
Agreement (Mitigation Measure CR5) and Condition No. 58 of the Existing Development
Approvals.
5.5. Public Parks. In satisfaction and in exceedance of the Owner's obligations under
Government Code Section 66474, the Owner shall construct and/or Dedicate certain areas of the
Project as public parks and trails, as identified in the Development Plan. A summary of the
parks and trails and the types of recreational facilities planned for each is presented in the Parks
Summary attached as Exhibit "H" to this Agreement. Based upon the Parks Summary, the
57848-00030-1385098.11
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Owner shall prepare and submit to the City for review and approval by the Recreation and Parks
Division, the Parks Commission and the Architectural Bar Iners Commission a preliminary
concept Park Development Plan in satisfaction of Condition No. 10 of the Existing Development
Approvals. The Owner shall prepare and submit to the City for review and approval by the
Community Development Director and the Public Parks Director a preliminary landscape plan
for all public area landscaping in satisfaction of Condition No. 11 of the Existing Development
Approvals. The preparation of the parks and trails within the Property shall be at the sole cost of
the Owner. The development and improvement of the parks and trails with recreational facilities
shall be provided by the Owner as reflected in the Parks Summary and in accordance with plans
and specifications to be approved by the City prior to the approval of the final subdivision maps
for which the improvements are conditions of approval, as provided in the Development Plan.
The phasing of the construction of the parks and trails shall be in accordance with the Phasing
Plan for the Project. The Dedication of land and/or the construction of improvements required
by the Existing Development Approvals, including the development of up to two (2) acres of
private recreational facilities, shall fully satisfy Owner's park obligations pursuant to
Government Code Section 66474 and the Existing Land Use Regulations.
5.6. Transportation Improvements and Circulation Element Liabilities.
(i) In lieu of constructing transportation/circulation improvements,
upon issuance of the first grading permit for Project construction, the Owner shall pay the City
the sum of One Million One Hundred Thirty-Two Thousand Five Hundred Dollars ($1,132,500)
for the design, construction, installation and maintenance by the City of the
transportation/circulation improvements for the Project as set forth in Appendix I to the EIR,
including Mitigation Measures TT2 through TT16 in the Mitigation Monitoring Plan (the
"Transportation/Circulation Improvements"). The City shall be responsible for obtaining any
and all permits and property interests for the Transportation/Circulation Improvements, including
without limitation any encroachment permits. The City shall construct and complete the
Transportation/Circulation Improvements in phases as determined by the Project Impact
Sensitivity Evaluation conducted by the Owner pursuant to Mitigation Measure TTI in the
Mitigation Monitoring Plan. The payment of said sum shall fully satisfy Owner's obligation to
pay circulation improvement fees and to provide transportation/circulation improvements to
serve the Project pursuant to the Mitigation Monitoring Plan (Mitigation Measures TT2 through
TT16), the conditions of the Existing Development Approvals and any requirement adopted by
the City pursuant to the Land Use Element or the Circulation Element of the General Plan.
(ii) Upon the mutual agreement of the City and the Owner, the Owner
may perform the construction work for certain of the Transportation/Circulation Improvements,
upon terms and conditions acceptable to the City and the Owner.
5.7. Water Agreement. Within twenty-one (21) I ys after the date that the Property
(or portion thereof) is sold by MNC for value to a developer or homebuilder for Development of
the Project (or portion thereof), the Owner shall transfer to ALW, at no cost to ALW, a portion
of MNC's currently existing water rights constituting Eight Hundred Thirty (830) acre feet of
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water per year. In return, (1) the City shall supply the Project in perpetuity with sufficient
potable water to meet the water demand for the Project on an annual basis at the same water rates
as are charged to ALW's customers on a city-wide basis, and (2) during grading and other site
preparation work for the Project by the Owner and during thecontinuation by MNC of nursery
operations on any portion of the Property, the Owner and MN6 shall retain the right to use, at no
cost to the Owner or MNC, up to Eight Hundred Thirty (830) acre-feet of non-potable water per
year from the water covered by the water rights transferred to the City under this Section 5.7 less
the amount of water supplied to the Project (including system losses) under (1) above during
each such year; provided, however, that such use shall occur only to the extent such water is
needed after first utilizing MNC's remaining water rights. MNC and/or the Owner shall each pay
the water assessments charged on a per-acre-foot basis t y the Main San Gabriel Basin
Watermaster,the Water Quality Authority, the Water Association,the Protective Association and
the S WRCB for the amount of water used by MNC and/or the Owner, respectively, in each year,
and MNC and/or the Owner shall cooperate with ALW in reporting the amount of each of their
respective annual use of water to the Water Master.
5.8. Landscaping Improvements. The Owner shall, at its sole cost and expense,
construct those certain public area landscaping improvements identified in the Development Plan
in accordance with the Phasing Plan for the Project. The Owner shall Dedicate the public area
landscaping improvements to the City at the time of recordation of the final subdivision maps for
which the improvements are a condition of approval. The DIledication and construction of the
public area landscaping improvements in accordance with the provisions of this Section 5.8 shall
fully satisfy Owner's landscaping improvement obligations with respect to the Project, including
Condition No. 11 of the Existing Development Approvals.
5.9. Glendora Settlement Agreement. The Owner,the City and the City of Glendora
have entered into that certain Settlement Agreement, dated March 18, 2003. The Owner and the
City agree to perform their respective obligations under the Settlement Agreement.
5.10. Public School Impact Mitigation. The Owner shall enter into a Memorandum
of Understanding (the "AUSD MOU") with the AUSD for the Dedication of land within the
Property and the construction of a K-8 school, in accordance with Condition No. 33A of the
Existing Development Approvals.
5.11. Fire Department Agreement. The Owner shall enter into an agreement with the
Los Angeles County Fire Department for the payment, of in-lieu satisfaction, of the fire
protection services fees for the Property, and such agreement shall specify the fire sprinkler
requirements, if any, for the Project.
5.12. Joint Use Park and Vosburg House. The Owner shall Dedicate to the City the
two (2)-acre park contiguous to the AUSD's three and one-half(3.5) acres for a City/AUSD joint
use park (shown on Exhibit "B" attached hereto), referred to as the "Great Park'; provided that,
in the event that AUSD requires the use of the AUSD's 3.5 acres of the joint use park for
expansion of the K-8 school in accordance with and within the time provided in the AUSD
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MOU, then MNC shall dedicate to the City the Vosburg House parcel (shown on Exhibit "B"
attached hereto) as replacement park land, and shall prepare and submit to the City Recreation
and Parks Division a proposed Development Concept Plan to integrate the Vosburg House into
the existing "Great Park". This obligation shall constitute I an obligation of MNC (or any
successor) as the owner of the Vosburg House parcel. Other than MNC's obligations under this
Section 5.12, no obligations under this Agreement shall pertain Ito or apply to the Vosburg House
parcel. This Agreement shall be deemed to satisfy Condition No. 33B of the Existing
Development Approvals.
5.13. Light Rail Transit Station Parking. From February 18, 2003 until February 18,
2011, the Owner shall hold in reserve land up to one (1) acre in area (in the location shown on
Exhibit "B" attached hereto), as determined by the parking study required pursuant to Condition
No. 38 of the Existing Development Approvals (the "Reserved Land"), for interim or non-
permanent use consistent with the Specific Plan as provided in Condition No. 38 of the Existing
Development Approvals. If on February 18, 2011, the Pasadena Blue Line Construction
Authority ("Authority") or its successor entity has not met) either of the two requirements
outlined in Condition No. 38, but has entered into contracts for the construction of Phase 1I of the
Gold Line through the City of Irwindale and thereafter the Authority continues to proceed with
the construction of the Phase II extension, then the Owner shall hold the Reserved Land in
reserve until February 18, 2016. In the event of such extension of the reservation period, if the
two requirements of Condition No. 38 are not satisfied by February 18, 2016, then the Owner's
obligation to reserve the Reserved Land shall automatically terminate and Condition No. 38 shall
be deemed satisfied and released. Upon the release of the Reserved Land from the reservation
requirement hereunder, for a period of one (1) year thereafter, the City shall have a right of first
refusal to purchase the Reserved Land upon the same terms land conditions as are offered in
writing by the Owner to a third party purchaser not affiliated with the Owner, to be exercised by
written acceptance of such written terms and conditions within ten(10) days after receipt thereof.
5.14. Environmental Site Inspection. The Owner hereby grants to the City, its agents,
contractors, employees and other representatives, the right, upon reasonable notice, to enter
upon the Property during reasonable business hours for purposes of surveying, inspecting,
photographing, sampling, and other testing necessary, in the City's absolute discretion, to make
the determination of whether "hazardous or toxic" (as such terms are defined by provisions of
any applicable federal, state or local rule or regulations) pollutants, contaminants or materials at
levels in excess of the Health Based Cleanup Levels ("HBCL") established in the McLaren Hart
report dated April 1993 for chemical levels and in excess o i the range of typical background
concentrations in California or adopted health standards for metal concentrations (collectively,
"environmental contaminants") are located upon any property)which the City will be receiving
through Dedication, including, without limitation, within property, parks, rights of way, and
utility easements. Upon discovery of any environmental contamination, the Owner shall define
the lateral and vertical extent of the environmental contamination and take such actions as
necessary, in accordance with applicable law, to reduce the environmental contamination to
levels below.the appropriate HBCL, the typical range o background concentrations in
California, or the adopted health standards (as applicable), prior to the City's acceptance of such
57848-00030-1385098.11
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Dedication. If required by California or federal law, the Owner shall notify all appropriate
governmental authorities and regulatory agencies of such environmental contamination and of
the steps taken by the Owner to define and remediate such environmental contamination. Work
on the particular Dedication property affected by the environmental contamination may be
recommenced after verification samples collected from such property establish that the
environmental contamination has been removed or remediated.
5.15. Glendora Entitlement Consistency. MNC owns approximately one hundred
(100) acres of real property in the City of Glendora ("Glendora Land"), which adjoins the
Annexation Property on the east. MNC agrees that if MNC (or its successor as owner of the
Glendora Land) applies to the City of Glendora for land use entitlements for the development of
the Glendora Land prior to the completion of construction o i the Project dwelling units on the
Annexation Property, MNC shall propose development of the Glendora Land similar in character
and quality to the development of the Annexation Property under the Development Approvals as
to types of land uses, gross densities, housing products, development standards, architectural
requirements, strectscapes, and parks and trails. This restriction is to ensure, for the benefit of
the City, that the adjacent residential neighborhoods on the Glendora Land are consistent with
the design and planning standards incorporated in the Development Approvals. This restriction
concerning entitlements on the Glendora Land shall be documented in a covenant in a form
agreed to by the City and MNC, which shall be recorded against the Glendora Land.
5.16. Formation of Community Foundation.
(i) MNC hereby agrees to cause the formation of a non-profit
community foundation named "City of Azusa/Monrovia Nursery Co. Foundation"
("Foundation"), which shall be qualified under the Internal Revenue Code for the purpose of
providing financial benefits to non-profit charitable organizations, civic organizations, and public
facilities within the City of Azusa. A five (5) member Board of Directors ("Board") shall
administer the Foundation. The City Council shall appoint two (2) Board members to the
Foundation and MNC shall appoint the remaining three (3) Board members, subject to (v)below.
(ii) Concurrently with the issuance of the first grading permit for
Project construction, MNC shall make a contribution to thel Foundation of the sum of Two
Thousand Dollars ($2,000) for each of the 1,250 dwelling units authorized under the Specific
Plan in an aggregate amount of Two Million Five Hundred Thousand Dollars ($2,500,000) (the
"MNC Foundation Contribution"). Five Hundred Thousand Dollars ($500,000) of the MNC
Foundation Contribution shall be utilized for, and applied to, the Azusa Public Library and
related programs.
(iii) On or before the issuance of the first grading permit for Project
construction, the Owner shall record a deed restriction against the residential portion of the
Property in favor of the Foundation, which shall require the (payment of a contribution to the
Foundation (the "Transfer Contribution") upon the sale for value to a third party ("Transfer") of
a dwelling unit in the Project, as provided herein. The Transfer Contribution shall be in an
57848-00030-1385098.11
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amount equivalent to one-half of one percent (0.5%) of the closing purchase price of the
dwelling unit. The Transfer Contribution shall apply to all Transfers of dwelling units within the
Project subsequent to the first Transfer of each dwelling unit. �iThe Transfer Contribution shall be
paid by the seller to the Foundation through the closing escrow. A Transfer Contribution shall
not be required in connection with the conveyance of a dwelling unit to a trust established by the
owner of the dwelling unit for the benefit of the grantor, his or her spouse or any lineal
descendants, or by reason of dissolution of marriage or the death of the grantor, and shall be
imposed only when there is a sale or exchange of a dwelling unit by the grantor to a third party
bona fide purchaser for value.
(jy) Within five (5) years after the first single-family residence is sold
within the Project to a homebuyer, one (1) of the three (3) Board members appointed by MNC
under (i) above shall be replaced by a resident of the Project selected by the other four(4) Board
members and, thereafter, such Board seat shall be held by a resident sident selected by the other four
(4) Board members.
5.17. Master Developer. Owner shall form an entity, or shall designate an entity to
serve as the managing entity, to function as the "Master Developer". The Master Developer
shall have the responsibility for performing Condition Nos. 2 through 18 of the Existing
Development Approvals and shall serve as the primary point of contact with the City as to the
performance of those responsibilities.
5.18. Azusa Residents Sale Notification. The Owner shall provide Azusa residents
with advanced notification priority of the availability for sale of new homes. Each time a new
product line or Project phase becomes available for sale, the Owner shall provide Azusa
residents with advanced notification of the availability of such product prior to marketing such
product to the general public. Such advanced priority notification to Azusa residents shall not
affect in any manner the sales price, terms of sale or qualifications to purchase. For purposes of
this Section 5.18, the advanced priority notification obligation)shall be deemed satisfied by the
Owner by both hosting an informational open house and publishing a notice in both a local and a
regional newspaper of general circulation in the City informing residents of the availability of
residential units, providing an opportunity for residents to express interest in purchasing on or
before a date certain after which marketing to the general public will commence.
5.19. Azusa Residents Hiring. During Project construction, the Owner shall make
reasonable efforts to provide opportunities for local (City of(Azusa) employment, and, where
opportunities exist to solicit for various services and supplies available within the City of Azusa,
57848-00030-1385098.11
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to provide opportunities for local (City of Azusa) firms to bid or make proposals to meet the
service and supply needs on a competitive basis. In no event is this policy meant to require the
contracting for services or supplies to a less competitive firm for to require employment of less
qualified applicants solely due to local residency. The Owner shall report the actions taken
under this Section 5.19 in the annual monitoring report submitted to the City pursuant to Section
7.1 hereof.
5.20. Azusa Apprenticeship. In conjunction with the construction of park facilities
listed in the Parks Summary, the Owner shall explore with the City and AUSD the feasibility of
apprenticeship opportunities in the construction of non-habi ble structures within such park
facilities for qualified students enrolled in related AUSD school programs.
ARTICLE 6. FINANCING OF PUBLIC IMPROVEMENTS AND MAINTENANCE
OBLIGATIONS.
6.1. Landscape and Lighting Maintenance Community Facilities or Assessment
Districts. The City and the Owner agree to the formation of communities facilities district(s) or
landscape and lighting assessment districts pursuant to the terms of Government Code Section
53311, et seq. or Streets and Highways Code Section 22500 et seq. or a private property owner's
association or other similar funding mechanisms ("Maintenance CFD"), the territory of which
shall include only the Property, for the purposes of the payment of maintenance and operation
costs associated with the landscaping and lighting of common area slopes, common area fuel
modification areas and detention basins located within the Property, as well as the maintenance
and operation costs of parks, as provided in Section 5.2. The Owner shall consent to and
cooperate in the formation of the Maintenance CFD prior to the recordation of the first final
subdivision map for the Project. The City agrees that, at the time of formation of the
Maintenance CFD, the remainder of the Property (i.e., the portion not subject to the fust final
subdivision map) shall be designated as annexable territory subject to annexation into the
Maintenance CFD with the Owner's consent. Concurrent with the recordation of each
subsequent final subdivision map, the portion of the Project subject to such final map shall be
annexed into the Maintenance CFD. The annual special tax to be set forth in the Rate and
Method of Apportionment of the Maintenance CFD shall only be levied on assessor's parcels
after a final subdivision map or parcel map has been recorded which includes such assessor's
parcels.
The Owner also agrees that additional areas may be annexed into the Maintenance CFD
to be created pursuant to this Section 6.1; provided, however, that, after giving effect to such
annexation, the Owner and the Property is subject only to its fair share of the obligations and
costs incurred as a result of the annexation. The Owner agrees to cooperate fully in any such
annexation proceedings, provided that such proceedings do not cause the Project to be delayed
under any circumstances.
If, for any reason whatsoever, the Property or portion thereof does not become part of a
Maintenance CFD as provided in this Section 6.1, or if any such Maintenance CFD which is
57848-00030-1385098.11
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formed is eliminated for any reason whatsoever or does not provide for the maintenance of the
landscaping and lighting of the areas and features within the Property or portion thereof as
provided above in this Section 6.1, then Owner will provide for the creation of an adequate
financing alternative reasonably acceptable to the City, to undertake such maintenance
obligations. Failure to provide for the creation of such an owner's association, or an adequate
alternative reasonably acceptable to the City, when required by the terms of this Section 6.1,
shall result in the disapproval of subdivision maps or other Subsequent Development Approvals
with respect to the Property or affected portion thereof and shall be cause for the City to
terminate this Agreement as to such affected portion.
6.2. Community Facilities Districts for Public School Facilities. The Owner and
the City expressly acknowledge and agree that the public school facilities referenced in Section
5.10 may be financed by the formation of a community facilities district or districts for the
purposes of financing the K-8 school facilities and/or maintenance and operation expenses (the
"School CFD"). The City agrees to allow non-City facilities tom be financed with the School CFD
and shall enter into a Joint Community Facilities Agreement ("JCFA") pursuant to Section
abl
53316.2 of the Community Facilities District Act with other appl
tyice agencies such as AUSD.
If AUSD acts as the lead agency in the formation of the School CFD, the City will enter in a
JCFA with AUSD.
6.3. General Provisions Regarding Communiacilities Districts and Similar
Financing Mechanisms. At the Owner's request, the City an id the Owner shall cooperate in the
formation of other community facilities district(s) or altemate financing mechanism(s) (not
identified in Sections 6.1 and 6.2 above) ("Project CFDs") to pay for the construction and/or
maintenance and operation of public infrastructure facilities required as part of the Development
Plan and this Agreement, and such financing plan is more particularly described in the CFD
Financing Plan incorporated in this Agreement as Exhibit "G". The City also agrees that, to the
extent that any such district or other financing entity is formed and sells bonds in order to finance
such reimbursements, the Owner may be reimbursed to the extent that the Owner spends funds or
dedicates land for the establishment of public facilities which al re not otherwise required pursuant
to this Agreement. Notwithstanding the foregoing, it is ackno ledged and agreed that, while this
Agreement requires the City to consider in good faith and in7an expeditious fashion consistent
with applicable law the formation of such districts, nothing contained in this Agreement shall be
construed as requiring the City to form any such district or to issue and sell bonds; provided,
however, the implementation and issuance of community facilities district bonds for the Project's
benefit as described in Sections 6.1 through 6.3 is relevant and material consideration for the
Owner entering into this Agreement.
ARTICLE 7. REVIEW FOR COMPLIANCE.
7.1. Periodic Review. The Community Development Director or his or her designee
shall review this Agreement annually, on or before each anniversary of the Effective Date, in
order to ascertain the Owner's good faith compliance with this Agreement. The Owner shall
submit an annual monitoring report, in a form reasonably acceptable to the City, within thirty
57848-00030-1385098.11
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(30) days after written notice from the Community Development Director or his or her designee,
demonstrating that the Owner has been in good faith compliance with this Agreement during the
preceding twelve (12) month period. Such report shall include a summary of actions taken by
the Owner pursuant to Section 5.19 hereof For purposes of this Agreement, "good faith
compliance" shall mean that the Owner has demonstrated that it has acted in a commercially
reasonable manner (taking into account the circumstances which then exist) and in good faith in
attempting to adhere to the substance of this Agreement. Precise or technical adherence to each
term or provision of this Agreement shall not be required in order for a Party to be in good faith
compliance; and the failure of any Party to agree with the City in connection with the
determination or implementation of any Development Approval shall not demonstrate lack of
good faith compliance. The annual monitoring report shall be accompanied by an annual review
and administration fee, not to exceed the City's estimated internal and third party costs
associated with the review and administration of this Agreement during the succeeding year.
7.2. Special Review. The Planning Commission or the City Council may order a
special review of compliance with this Agreement at any time upon the Owner's alleged default.
The City Manager or his or her designee shall conduct such special review. If the special review
is held because of an alleged default by the Owner in the performance of any term of this
Agreement, then the City shall provide written notice to the Owner specifying the nature of the
alleged default.
7.3. Procedure for Review.
7.3.1 During either a periodic review or a special review, the Owner shall be
required to demonstrate good faith compliance with the terms of the Agreement.
7.3.2 Upon completion of a periodic review or a special review, the City
Manager or his or her designee shall submit a report to the Planning Commission setting forth
the evidence concerning good faith compliance by the Owner i with the terms of this Agreement
and his/her recommended finding on that issue. The Owner shall be provided a copy of the City
Manager's report no less than ten (10) days prior to the meeting at which the Planning
Commission considers such report. .
7.3.3 If the Planning Commission finds on the basis of substantial evidence that
the Owner acted in good faith compliance with the terms and conditions of this Agreement, the
review shall be concluded.
7.3.4 If the Planning Commission determines on the basis of substantial
evidence that the Owner has not acted in good faith compliance with this Agreement and that the
Owner is in default of a substantive term or provision of thiAgreement, then the City shall
deliver written notice to the Owner of the default, setting forth the nature of the default
(including references to sections of and provisions of this Agreement and the Existing Land Use
Regulations which allegedly have been breached with a complete statement of all facts
demonstrating such default) and the actions required by the Owner to cure such default. The City
may not proceed with modification or termination of this Agrdement pursuant to Section 7.4 if,
57848-00030-1385098.11
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(i) within thirty (30) days after receipt of the foregoing notice, he Owner commences to cure the
default and diligently prosecutes such cure to completion ,vitlnn sixty (60) days after the notice
is given, or (ii) if the default is of such a nature that it cannot reasonably be cured within said
sixty (60)-day period, within thirty (30) days after receipt of the foregoing notice, the Owner
commences to cure the default and diligently prosecutes such cure to completion thereafter.
7.4. Procedure for Modification or Termination. Upon a preliminary determination
and delivery of proper notice pursuant to Section 7.3.4 and the Owner's subsequent failure to
commence and/or cure the default as provided therein, the Planning Commission may modify or
terminate this Agreement as to the Owner by giving written notice to the Owner of its intention
to do so at a public hearing noticed in accordance with provisions of the City's Municipal Code.
The notice to the Owner shall be given at least fifteen (15) calendar days prior to the scheduled
hearing and shall contain:
(i) The time and place of the hearing;
(ii) A statement as to whether or not the Planning Commission
proposes to terminate or to modify the Agreement; and
(iii) Staff reports, documents, exhibits, and such other information as is
reasonably necessary to inform the Owner of the nature of the proceeding and of the evidence to
be presented at the public hearing.
7.5. Hearing on Modification or Termination. At the time and place set for the
hearing on modification or termination, the Owner shall be given an opportunity to be heard. If,
the Planning Commission finds, based upon substantial evidence, that the Owner has not acted in
good faith compliance with the terms or conditions of this Agreement and is in default of a
substantive term or provision of this Agreement, the Planning Commission may terminate this
Agreement as to the Owner, notwithstanding any other provision of this Agreement to the
contrary, or modify this Agreement as to the Owner and impose such conditions as are
reasonably necessary to protect the interests of the City. The Owner may appeal any
determination of the Planning Commission to the City Council in accordance with the City's
Municipal Code. The decision of the City Council shall be final subject only to judicial review
pursuant to Code of Civil Procedure Section 1094.5.
7.6. Certificate of Agreement Compliance.
If, at the conclusion of a periodic or special review, the Owner is found to be in good
faith compliance with this Agreement, the City shall issue a Certificate of Agreement
Compliance ("Certificate") to the Owner stating that, after the most recent periodic or special
review and based upon the information known or made known to the City Manager and City
Council (i) this Agreement remains in effect and (ii) the Ownelr is not in default. The Certificate
shall be in recordable form, shall contain information necessary to communicate constructive
record notice of the finding of good faith compliance, shall state whether the Certificate is issued
57848-00030-1385098.11
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after a periodic or special review, and shall state the anticipated date of commencement of the
next periodic review.The Owner may record the Certificate with the County Recorder.
7.7._ Failure of Periodic Review. The City's failure to review at least annually the
Owner's good faith compliance with this Agreement shall nol constitute or be asserted by any
Party as a breach of this Agreement.
ARTICLE 8. INCORPORATION AND ANNEXATION.
8.1. Intent. If all or any portion of the Property is annexed to or otherwise becomes a
part of another city, it is the intent of the Parties that this Agreement shall survive and be binding
upon such other jurisdiction.
8.2. Annexation. The Owner and the City shall oppose, in accordance with the
procedures provided by law, the annexation to any other city ofIall or any portion of the Property
unless both the Owner and the City give written consent to suc) annexation.
ARTICLE 9. DEFAULTS AND REMEDIES.
9.1. Remedies in General.
9.1.1 It is acknowledged by the Parties that the City would not have entered into
this Agreement if it were to be liable in damages under this Agreement, or with respect to this
Agreement or the application thereof, except as hereinafter expressly provided.
In general, each of the Parties hereto may pursue any remedy t law or equity available for the
breach of any provision of this Agreement, except that the City shall not be liable in monetary
damages, unless expressly provided for in this Agreement, to the Owner, to any Mortgagee or
lender, or to any successors in interest of the Owner or Mortgagee or lender, or to any other
person, and the Owner covenants on behalf of itself and all successors in interest to the Property
or any portion thereof, not to sue for damages or to claim any damages:
(i) For any breach of this Agreement or for any cause of action which
arises out of this Agreement; or
(ii) Arising out of or connected with any dispute, controversy or issue
regarding the application or interpretation or effect of the provisions of this Agreement.
Nothing contained herein shall modify or abridge the Owner's rights or remedies
(including its rights for damages, if any) resulting from the gros�ly negligent or malicious acts of
the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge
any defenses or immunities available to the City and its employees pursuant to the Government
Tort Liability Act and all other applicable statutes and decisional law.
57848-00030-1385098.11
37
Except as set forth in the preceding paragraph, the Owner's remedies shall be limited to
those set forth in this Section 9.1.1, 9.2, 9.3 and 9.4.
9.1.2 In the event of an alleged default of a material term of this Agreement by
the Owner, the City shall proceed in accordance with the special review procedures set forth in
Article 7 prior to pursuing any remedy at law or in equity.
9.2. Specific Performance. The Parties acknowledge that money damages and
remedies at law generally are inadequate, and specific performance and other non-monetary
relief are particularly appropriate remedies for the enforcement of this Agreement against the
City and should be available to the Owner for the following reasons:
(i) Except as provided in Sections 9.1.1 and 9.4, monetary damages
are unavailable against the City as provided in Section 9.1.1 above.
(ii) Due to the size, nature and scope of the Project, it may not be
practical or possible to restore the Property to its natural condition once implementation of this
Agreement has begun. After such implementation, the Owner may be foreclosed from other
choices it may have had to use the Property or portions thereof. The Owner has invested
significant time and resources and performed extensive planning and processing of the Project in
agreeing to the terms of this Agreement and will be investing even more significant time and
resources in implementing the Project in reliance upon the terms of this Agreement, and it is not
possible to determine the sum of money and to evaluate the damages which would adequately
compensate the Owner for the City's failure to carry out its obligations. The Parties
acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
For the above reasons the Parties agree and acknowledge that specific performance rather than
damages shall be the preferred remedy in the event of the City's failure to carry out its
obligations hereunder, including without limitation, consideration by the City, in good faith and
in an expeditious fashion consistent with applicable law, of the formation of the Maintenance
CFD, School CFD, Project CFD(s) or other assessment mechanisms in accordance with Article 6
hereof.
9.3. Termination of Agreement for Default of the City. The Owner may terminate
this Agreement only in the event of a default by the City in the performance of a material term of
this Agreement and only after providing written notice to the City of default setting forth the
nature of the default and the actions, if any, required by the City to cure such default and, where
the default can be cured, the City has failed to take such actions and cure such default within
sixty (60) days after the effective date of such notice or, in the event that such default cannot be
cured within such sixty (60) day period but can be cured within a longer time, has failed to
commence the actions necessary to cure such default within such sixty (60)-day period and to
diligently proceed to complete such actions and cure such default.
9.4. Attorneys' Fees and Costs. In any action or proceeding between the City and
the Owner brought to interpret or enforce this Agreement, or which in any way arises out of the
existence of this Agreement or is based upon any term or provision contained herein, the
57848-00030-1385098.11 _
38
prevailing party in such action or proceeding shall be entitled to recover from the non-prevailing
party, in addition to all other relief to which the prevailing parry may be entitled pursuant to this
Agreement, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to
be determined by the court. The prevailing party shall be determined by the court in accordance
with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to
this Section 9.4 include those incurred during any appeal from an underlying judgment and in the
enforcement of any judgment rendered in any such action or proceeding.
ARTICLE 10. THIRD PARTY LITIGATION.
10.1. General Plan Consistency. The City has determined that this Agreement is
consistent with its General Plan. The Owner has reviewed the General Plan and concurs with the
City's determination.
10.2. City Not Liable for Certain Judicial Determinations. The City shall have no
liability under this Agreement or otherwise for any failure of the City to perform under this
Agreement, or for the inability of the Owner to develop the Property as contemplated by the
Development Plan, which failure to perform or inability to de elop is as the result of a judicial
determination that the General Plan, or portions thereof, are invalid or inadequate or not in
compliance with law, or that this Agreement or any of theCity's actions in adopting it were
invalid, inadequate, or not in compliance with law; provided that the City shall promptly take
action to cure such invalidity, inadequacy or deficiency of the General Plan or this Agreement.
10.3. Third Party Litigation Concerning Agreement or EIR. The Owner shall
defend, at its expense, including attorneys' fees, indemnify, and hold harmless the City, its
agents, officers and employees from any claim, action or proceeding against the City, its agents,
officers or employees to attack, set aside, void, or annul the approval of this Agreement or the
approval of any permit granted pursuant to this Agreement. The City shall promptly notify the
Owner of any such claim, action or proceeding, and the City shall cooperate in the defense. If the
City fails to promptly notify the Owner of any such claim, action or proceeding, or if the City
fails to cooperate in the defense, the Owner shall not thereafter be responsible to defend,
indemnify or hold harrimless the City. The City may in its discretion participate in the defense of
any such claim, action or proceeding.
10.4. Environmental Contamination. The Owner all indemnify and hold the City,
its officers, agents, and employees free and harmless from an liability, based or asserted, upon
any act or omission of the Owner, its officers, agents, employees, subcontractors, predecessors in
interest, successors, assigns and independent contractors, ex ce ting any acts or omissions of the
City as successor to any portions of the Property Dedicated or transferred to the City by the
Owner, for any violation of any federal, state or local law, ordinance or regulation relating to
industrial hygiene or to environmental conditions on, under or about the Property, including, but
not limited to, soil and groundwater conditions, and the Owner shall defend, at its expense,
including attorneys' fees, the City, its officers, agents and employees in any action based or
57848-00030-1385098.17
39
asserted upon any such alleged act or omission. The City may in its discretion participate in the
defense of any such claim, action or proceeding.
10.5. Accept Reasonable Good Faith Settlement. With respect to Section 10.3, the
City shall not reject any reasonable good faith settlement. If the City does reject a reasonable,
good faith settlement that is acceptable to the Owner, the Owner may enter into a settlement of
the action, as it relates to the Owner, and the City shall thereafter defend such action (including
appeals) at its own cost and be solely responsible for any judgments rendered in connection with
such action. This Section 10.5 applies exclusively to settlements pertaining to monetary damages
or damages which are remedial by the payment of monetary compensation. The Owner and the
City expressly agree that this Section 10.5 does not apply to any settlement which requires an
exercise of the City's police powers, limits the City's exercise of its police powers, or affects the
conduct of the City's municipal operations.
10.6. Processing During Third Party Litigation. The filing of any third party
lawsuit(s) against the City or the Owner relating to this Ageement or to other development
issues affecting the Development of the Property shall not hinder, delay or stop the Development
of the Project or the approval of the Subsequent Development Approvals,.unless the third party
obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the
issuance of any such order.
10.7. Defense of Agreement. The City agrees to and shall timely take all actions
which are necessary or required to uphold the validity and enforceability of this Agreement and
the Existing Land Use Regulations. If this Agreement is adjudicated or determined to be invalid
or unenforceable, the City agrees, subject to all legal requirements, to consider and implement all
modifications to this Agreement which are necessary or required to render it valid and
enforceable to the extent permitted by applicable law.
10.8. Survival. The provisions of Sections 10.1 through 10.7, inclusive, shall survive
the termination or expiration of this Agreement.
ARTICLE 11. MORTGAGEE PROTECTION.
The Parties hereto agree that this Agreement shall not prevent or limit the Owner, in any
manner, at the Owner's sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing
financing with respect to the Property. The City acknowledges that the lenders providing such
financing may require certain interpretations and modifications of this Agreement and agrees
upon request, from time to time, to meet with the Owner and representatives of such lenders to
negotiate in good faith any such request for interpretation or modification. The City will not
unreasonably withhold its consent to any such requested interpretation or modification, provided
such interpretation or modification is consistent with the inteni and purposes of this Agreement,
and provided, further, that any modifications of this Agreement are subject to the provisions of
Section 3.8. Any Mortgagee shall be entitled to the following rights and privileges:
57848-00030-1385098.11
40
(i) Neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the
Property made in good faith and for value.
(ii) Any Mortgagee which has submitted a written request to the City
in the manner specified herein for giving notices shall be entitled to receive written notification
from the City of any default by the Owner in the performance of the Owner's obligations under
this Agreement.
(iii) If the City timely receives a request from a Mortgagee requesting a
copy of any notice of default given to the Owner under the terms of this Agreement, the City
shall provide a copy of that notice to the Mortgagee within ten I(10) days of sending the notice of
default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the
default during the remaining cure period allowed the Owner under this Agreement.
(iv) Any Mortgagee who comes into ossession of the Property, or any
portion thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or portion thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have
an obligation or duty under this Agreement to perform any o�the Owner's obligations or other
affirmative covenants of the Owner hereunder, or to guarantee such performance. However, to
the extent that the performance of such obligation by the Owner is a condition precedent to the
performance of any act by the City, the City shall have no obligation to perform such act
hereunder unless and until the Mortgagee performs the covenant of the Owner which is the
condition precedent to the City's performance. Although a Mortgagee is not obligated to perform
the obligations and covenants of the Owner hereunder, if the Mortgagee elects to so perform,
such performance shall be in full accordance with the terms of this Agreement. Any sale, transfer
or assignment by any Mortgagee in possession shall be subject to the provisions of Section 3.6 of
this Agreement.
ARTICLE 12. MISCELLANEOUS PROVISIONS.
12.1. Recordation of Agreement. This Agreement and any amendment or
cancellation thereof shall be recorded with the County Recorder by the City Clerk within the
period required by Government Code Section 65868.5. Thel recordation of this Agreement is
deemed a ministerial action, and the failure of the City to record this Agreement in accordance
with this Section 12.1 shall not in any manner affect the effectiveness of this Agreement.
12.2. Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the Parties, and there are no oral or written representations,
understandings or ancillary covenants, undertakings or agreements which are not contained or
expressly referred to herein. No testimony or evidence of any such representations,
understandings or covenants shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreemerit.
5784&00030-1385098.11
41
12.3. Severability. If any term, provision, covenant or condition of this Agreement
shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be .
affected thereby to the extent such remaining provisions are not rendered impractical to perform
taking into consideration the purposes of this Agreement. The foregoing notwithstanding, the
provision of the public benefits set forth in Article 5, including the payment of the fees set forth
therein, are essential elements of this Agreement and the City) would not have entered into this
Agreement but for such provisions, and therefore in the event that any portion of such provisions
other than Sections 5.15, 5.16, 5.18, 5.19 and 5.20 are determined to be invalid, void or
unenforceable, at the City's option this entire Agreement shall terminate and from that point on
be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the
development rights set forth in Article 4 of this Agreement are essential elements of this
Agreement and the Owner would not have entered into this Agreement but for such provisions,
and therefore in the event that any portion of such provisions are determined to be invalid, void
or unenforceable, at the Owner's option this entire Agreement shall terminate and from that point
on be null and void and of no force and effect whatsoever.
12.4. Interpretation and Governing Law. This Agreement-and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of
California. This Agreement shall be construed as a whole according to its.fair language and
common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of
construction to the effect that ambiguities are to be resolved against the drafting party shall not
be employed in interpreting this Agreement, all Parties having been represented by counsel in the
negotiation and preparation hereof.
12.5. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
12.6. Singular and Plural. As used herein, the singular of any word includes the
plural.
12.7. Joint and Several Obligations. If at any time during the Term of this Agreement
any part of the Property is jointly owned, in whole or in part, by more than one Owner, all
obligations of such Owners under this Agreement as to that portion of the Property jointly owned
shall be joint and several, and the default of any such Owner shall be the default of all such
Owners. The foregoing notwithstanding, no Owner of a single lot which has .been finally
subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate
user shall have any obligation under this Agreement.
12.8. Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
12.9. Waiver. Failure by a Party to insist upon the strict performance of any of the
provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights
upon the default of the other Party,,shall not constitute a waiver of such Party's right to insist and
demand strict compliance by the other Party with the terns of this Agreement thereafter.
57848-00030-1385098.11
42
12.10. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the Parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
12.11. Force Majeure. In the case of a force maje event, any and all time periods
referred to in this Agreement shall be extended for a period equal to any delay caused by any
such force majeure event; provided, however, that no such time period shall be extended beyond
a cumulative total of five (5) years. "Force majeure" as used herein means war, insurrection,
strikes, lock-outs, riots, floods, unavoidable casualty, acts of God, third party litigation, or other
causes similar or dissimilar to the foregoing, which are beyond the independent or reasonable
control of all Parties or any Party to this Agreement or which prevents any Party to this
Agreement from performing its obligations under this Agreement. The failure or the inability of
the City to exercise rights of eminent domain for the purpose o�acquiring such property rights as
may be necessary for the installation of the public improvements, which failure prevents or
impedes the Owner from completing the installation of infrastructure items shall be deemed a
force majeure event entitling the Owner to the time period extensions .referred to herein;
provided, however, that no extension shall be granted when the City's failure or inability is
solely or partly due to the Owner's breach of any obligation of this Agreement or any agreement
referenced in and/or attached to this Agreement. No extensions may be granted due to the
Owner's inability to obtain financing with respect to the Development of the Project.
12.12. Mutual Covenants. The covenants contained herein are mutual covenants and
also constitute conditions to the concurrent or subsequent performance by the Party benefitted
thereby of the covenants to be performed hereunder by such be Party.
12.13. Successors in Interest. The burdens of this Agreement shall be binding upon,
and the benefits of this Agreement shall inure to the Parties and all successors in interest to the
Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable
servitudes and constitute covenants running with the land. Each covenant to do or refrain from
doing some act hereunder with regard to Development of the Property: (i) is for the benefit of
and is a burden upon every portion of the Property; (ii) runs with the Property and each portion
thereof; and, (iii) is binding upon each Party and each successor in interest as to the Property or
the portion thereof owned by such Party during such Party's ownership of the Property or any
portion thereof.
12.14. Counterparts. This Agreement may be executed by the Parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the Parties
had executed the same instrument.
12.15. Jurisdiction and Venue. Any action at law or in equity arising under this
Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining
the validity of any provision of this Agreement shall be filed and prosecuted in the Superior
Court of the County of Los Angeles, State of California, land the Parties hereto waive all
provisions of federal or state law or judicial decisions providing for the filing, removal or change
57848-00030-1385098.11
43
of venue to any other state or federal court, including, without limitation, Code of Civil
Procedure Section 394.
12.16. Project as a Private Undertaking. It is specifically understood and agreed by
and between the Parties hereto that the development of the Project is a private development, that
neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership,joint venture or other associati-on of any kind is formed by this
Agreement. The only relationship between the City and the Owner is that of a government entity
regulating the development of private property and the owner o i such property.
12.17. Further Actions and Instruments. Each of the Parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the
performance of all obligations under this Agreement and the satisfaction of the conditions of this
Agreement. Upon the request of either Party at any time, the other Party shall promptly execute,
with acknowledgment or affidavit if reasonably required, and file or record such required
instruments and writings and take any actions as may be reasonably necessary or proper under
the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement
or to evidence or consummate the transactions contemplated by this Agreement..
12.18. Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by the City of its power of eminent domain.
12.19. Agent for Service of Process. In the event the Owner is not a resident of the
State of California or it is an association, partnership or joint venture without a member, partner
or joint venture resident of the State of California, or if it is a foreign corporation, then the
Owner shall file, upon its execution of this Agreement, with the Community Development
Director or his or her designee, a designation of a natural) person residing in the State of
California, giving his or her name, residence and business address, as its agent for the purpose of
service of process in any court action arising out of or based upon this Agreement, and the
delivery to such agent of a copy of any process in any such action shall constitute valid service
upon the Owner. If for any reason service of such process upon such agent is not feasible, then
in such event the Owner may be personally served with such process out of this County and such
service shall constitute valid service upon the Owner. The Owner is amenable to the process so
served, submits to the jurisdiction of the Court so obtained, and waives any and all objections
and protests thereto.
12.20. Authority to Execute. The person or pers Ins executing this Agreement on
behalf of the Owner warrants and represents that he/she/they have the authority to execute this
Agreement on behalf of his/her/their corporation, partnership or business entity and warrants and
represents that he/she/they has/have the authority to bind the Owner to the performance of its
obligations hereunder.
12.21. Subsequent Amendment to Authorizing Statute. This Agreement has been
entered into in reliance upon the provisions of the statute governing development agreements
57848-00030-1385098.11
44
(Government Code Sections 65864 through 65869.5 inclusive)' in effect as of the Effective Date.
Accordingly, subject to Sections 3.8 and 4.6 above, to the extent that subsequent amendments to
the Government Code would affect the provisions of this Agreement, such amendments shall not
be applicable to the Agreement unless necessary for this Agreement to be enforceable or unless
so provided by the amendments.
12.22. No Owner Personal Obligation/No Completion Obligation. This Agreement in
and of itself does not represent a personal obligation of individual officers, directors, partners or
members of the Owner, its successors or assigns. Nothing herein contained shall in and of itself
be deemed to create an obligation of the Owner, its successors or assigns to complete the
development of the entire Project as contemplated, or any particular portion thereof, or to
commence or complete construction of the Project within any particular time.
12.23. No City Personal Liability. No officer, official, employee, agent, contractor or
attorney of the City shall have any personal liability or obligation for the performance of the
City's obligations hereunder.
12.24. Water Supply. The City finds that the Project and any tentative tract map
prepared in connection with the Project (including Vesting Tentative Tract Map No. 54057)
comply with the provisions of Government Code Section 66473.7 requiring the availability of a
sufficient water supply to serve the Project, and that the availability of an adequate water supply
for the Project has been assured.
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
57848-00030-1385098.11
45
ATTEST:
City Clerk
City Manager
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
City Attorney
THE C Y F SA
r of the City of Azusa
LI
A o ' to
OWNER:
MONROVIA NURSERY COMPANY
By:
Its:
By:
Its:
57848-00030-1385098.11
46
EXHIBIT A
Legal Description
BEING A PORTION OF THE AZUSA RANCHERO CONFIRMED TO HENRY DALTON
AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 2, PAGE 106 OF PATENTS,
TOGETHER WITH PORTIONS OF PARCELS 1 THROUGH 6 AND 8 AS SHOWN ON A
MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, TOGETHER WITH
PORTIONS OF PARCELS B"THROUGH F"AS SHOWN ON A MAP FILED IN BOOK
63, PAGE 32 OF RECORD OF SURVEYS, TOGETHER WITH PORTIONS OF LOTS
77, 79 THROUGH 82, 84 AND 85 OF SUBDIVISION NO.2 OF THE AZUSA LAND AND
WATER COMPANY AS SHOWN ON A MAP THEREOF FILED IN A BOOK 43, PAGE
94 OF MISCELLANEOUS RECORDS, ALL IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA AND ALSO TOGETHER
WITH PORTIONS OF SECTIONS 23 AND 26, TOWNSHIP 1 NORTH, RANGE 10
WEST, SAN BERNARDINO MEDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
LEGEND
ANNEXATION
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MONROVIA NURSERY
DEVELOPMENT AGREEMENT
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CONSJANUARY 09, 2004 EXHIBIT B
CONSULTING •avmzws• Fat maazzsVz•...s�.an
RESOLUTION NO.03-C8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING
AN AMENDMENT TO THE AZUSA GENERAL PLAN LAND USE ELEMENT
FROM CONSERVATION(C)AND RURAL(R)
TO SPECIFIC PLAN(SP) .
IN CONNECTION WITH ZONE CHANGE NO.Z 2002-03
WHEREAS,the Planning Commission held a duly noticed public hearing on December
11 and 18,2002, and a public meeting January 8,2003,and after receiving testimony,the
Planning Commission closed the public hearing and deliberated regarding the Final
Environmental Impact Report and the Project Approvals,and duly considered all information
presented to it;and
WHEREAS, the Planning Commission voted unanimously to adopt Resolution No.2003-
01 recommending that the City Council certify the Final Environmental Impact Report and
further recommending that the City Council approve this General Plan Amendment from
Conservation(C)and Rural(R)to Specific Plan(SP)for eight(8)parcels of land within the City
and nineteen(19)parcels of land within the Sphere of Influence known as the Monrovia Nursery;
and
WHEREAS,the Planning Commission's proceedings for a general plan amendment
complied with Azusa Municipal Code sections 88-275,88-280;and
WHEREAS,the City Council of the City of Azusa held a duly noticed public hearing on
January 21,2003,concerning this general plan amendment,and fully and carefully considered all
oral and written testimony offered therein prior to acting on this resolution;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY AZUSA HEREBY
RESOLVES AS FOLLOWS:
SECTION 1:The land use designation contained within the Land Use Element of the
Azusa General Plan is hereby changed from Conservation(C)and Rural(R)to Specific Plan
(SP)for eight(8)parcels of land within the City and nineteen(19)parcels of land within the
Sphere of Influence known as the Monrovia Nursery(APN:Within the City-8608-003-001,
8608-003-002,8608-003-005,8608-003-006, 8625-004-007,8625-004-012, 8625-029-006,
8684-022-012;Within the City's sphere of Influence-8608-003-003,8625-001-001,8625-002-
002, 8625-004-129, 8625-004-130, 8625-005-014,8625-005-018,8625-005-019,8625-008-001,
8625-008-005,8625-009-011,8625-009-012,8625-010-008,8625-029-005,8684-024-033,
8684-024-039,8684-024-041,8684-024-042,8684-024-043).
SECTION 2: That in accordance with Section 88-585 of the Azusa Municipal Code,it is
found that the General Plan Amendment would not unreasonably interfere with the use or
enjoyment of property in the vicinity,and would not adversely affect the public peace,health,
safety or general welfare,and provided the conditions of approval are adhered to,the City
Council finds that:
A. That the proposed amendment is in the public interest,and that there will be a
community benefit resulting from the amendment:
According to the City's 2001 Housing Element,among the eight San Gabriel
Valley Foothill communities,Azusa has long supplied a disproportionate amount
of the affordable housing. As a result as of that writing,Azusa has the lowest rate
of home ownership and lowest median housing sales price($150,000). These
factors have contributed to a decline in retail economic activity as surrounding
cities aggressively pursued sales tax revenue drawn by their stronger buying
power. As a result,many older neighborhoods in Azusa went into decline,with
property values and reinvestment falling and crime and rental tum-over
increasing. Furthermore,Azusa's Economic Development Strategic Plan
identifies a need for high value housing which will in turn attract more business to
Azusa due to
increased spending power. The proposed project would add 1,250 high value
(ranging from$238,000 to over$600,000)homes to the Azusa housing stock.
The homes are expected to be predominantly owner-occupied,thereby,resulting
in a small reduction in the percentage of city-wide tenant-occupied housing and
bringing about an improved ratio of tenant-to-owner occupied housing units and
adding to community stability.
The Specific Plan would take advantage of the property's location adjacent to the
future Gold Line light rail by creating a walkable mixed-use core suitable for
business and residential uses. The increased density of housing and small-scale
retail will create a transit-oriented development around a Transit Plaza,and a stop
on the future Gold Line.
The Specific Plan includes public facilities benefits,as well,with regard to
recreation,schools,and fire protection service. The Plan includes passive and
active recreational facilities,an arroyo,trails,and greenbelts. A system of
neighborhood parks serves local residents and larger community parks are
designed to serve all Azusa residents. Furthermore 168 acres of open space in the
foothills would be preserved in perpetuity. A new Azusa Unified School District
kindergarten through eighth grade school will be built and an opportunity exists
for the Los Angeles County Fire Department to relocate or place a new fire station
outside of the Sierra Madre Fault Zone setback zone,where it is currently located.
B. That the proposed amendment is consistent with the Guiding Principles of the
General Plan Update and goals and policies of the existing General Plan.
Guiding Principle#1-Natural& Community Environment
Vision:Protect the foothills,preserve natural habitat and terrain and integrate
nature into future development and use.Enhance the existing fabric of Azusa
neighborhoods with new development integrated into the rest of the community
by open access and compatible neighborhood design:
• Natural and historic flow of water enhances the area
• Historic resources are preserved with the development
• Public and private views are protected and development is compatible
with surrounding neighborhoods and uses,including the Dhammakaya
Retreat Center
The Specific Plan celebrates the natural and community environment.
The foothills are preserved and the existing biological resources are
protected.The development plan does not extend beyond existing Nursery
operations,ensuring protection of the foothills by preserving 170 acres of
natural open space.
• The land plan provides a drainage arroyo in the general location of the
historic canyon that drained the foothills.The arroyo will convey storm
flows,contain natural riparian habitat,provide bio-filtration to treat urban
pollutants,and include a trail system connecting to the Garcia Trail.'
The land plan maximizes the number of connections to the City.
Furthermore,the realignment of Sierra Madre Avenue includes a linear
park and trail connecting to the City and the arroyo trail.
The romantic bent grid design of the Park Neighborhood minimizes
landform alteration by incorporating the existing topography into the land
plan.Furthermore,the bent grid causes roof and front elevation movement
minimizing the view of one continuous row of homes.
• Historic resources,such as the Covina Canal and the Vosburg House,are
being preserved to the extent feasible.while the potable water in the
Covina Canal will be placed in an underground pipe,the open channel
canal structure will remain and possibly carry storm runoff.The Vosburg
House will remain on site and continue to function as Monrovia Nursery's
headquarters.The Specific Plan EIR includes an assessment and
mitigation measures for the cultural resources on-site.
• The Specific Plan is compatible with surrounding land uses and creates
new great neighborhoods that benefit the entire community.Existing land
uses are buffered.The Dhartmrakaya is buffered on the west by the
Vosburg House;on the south by a roadway and landscaped detention
facility;and on the north and east by a landscaped slope.The homes
backing onto the Nursery in the Nob Hill neighborhood are buffered by a
landscaped drainage course.The homes in Glendora that back onto the
Nursery are buffered by a park and landscaped slopes.The homes that
currently take access from Sierra Madre Avenue will be provided with a - -
. new private driveway.
Guiding Principle#2—Quality Neighborhoods&Homes
Vision:Maintain Azusa's family-oriented community identity by offering a
diversity of home ownership opportunities,reflecting traditional neighborhood
patterns:
• Dominant housing type is single-family detached homes attractive to
middle and upper income home buyers
• Architectural styles and features draw on historic patterns and scale
• High quality construction,home design,and neighborhood amenities
promote well-being and maintain value.
The Specific Plan has been designed as an extension of Azusa's family-oriented
traditional neighborhoods.
• The Specific Plan has three neighborhoods based on planning principles
that have held value over time.The world-renowned landscape architect
and planner,Frederick Law Olmstead,pioneered these principles.The
Park Neighborhood is based on a romantic bent grid network formed
around parks.The Village Core Neighborhood is designed as an activity
center focused around the arroyo and private recreation facility.The
Promenade District is patterned after the great walking streets of the
world.Examples of local communities that were planned around these
principles include Palos Verdes Estates,Beverly Hills.and the Vista
Bonita neighborhood in Azusa.
• The Park Neighborhood constitutes 17.3 percent of the Nursery property
while the Village Core and Promenade District constitute 2.2 percent and
7.7 percent respectively.Both the Village Core and the Garden Court
Neighborhood in the Promenade District allow for detached rear-loaded
housing.
• In the Park Neighborhood,Village Core,and Promenade District all
streets have parkway separated sidewalks and street trees,and a majority
of the streets open onto parks.These amenities we shared by everyone in
the community.
• Architecture in all neighborhoods de-emphasizes the garage.The living _
portion of the homes are pulled forward toward the street with outdoor
living space such as porches,stoops,and balconies.This architectural
design encourages neighborhood interaction,a pedestrian lifestyle, and _
promotes safety by allowing for"eyes on the street."
• The architecture in all three neighborhoods is based on heritage
architecture from the San Gabriel Valley.Examples include Spanish
Colonial,Craftsman,European Cottage,American Traditional,Monterey,
and American Farmhouse.The Specific Plan identifies elements for each
style that make the style accurate and recognizable.The Specific Plan
promotes the"Simple House"concept,which encourages simple plan
forms and elevations that reduce costs while providing authentic
architectural form and massing.
• The Specific Plan identifies a variety of housing products that range in size
and price.Furthermore,the Promenade District has seven different
building typologies.This variety in housing types,sizes,and prices
provides homeownership opportunities for a variety of people in different
stages of homeownership.
• The Specific Plan includes housing products for the middle to upper
income buyer.In the Promenade District,housing prices are anticipated to
range from the low to high$200,000s.The Village Core may see housing
prices from the mid-$200,000s to over$300,000.In the Park
Neighborhood housing prices are expected to begin in the low$300,000s
and extend well above$500,000.
Guiding Principle#3—Mobility&Mix of Uses
Vision: Create a walkable business campus adjacent to a future Gold Line fight
rail stop,blended and connected with adjacent residential neighborhoods and the
emerging University District to the south:
• Campus-style office space suitable for high-tech,corporate or institutional
users
• A shared neighborhood core with small-scale retail/service businesses for
transit riders,business park employees and surrounding residents
• Compatible townhomes and apartments
The Promenade District creates a mixed-use neighborhood that promotes transit,
commerce,and high-quality residential development.
• The Specific Plan incorporates space near Citrus Avenue for a future tight
rail transit station.
• A transit plaza is planned adjacent to the light rail station as a formal park
and inviting gathering place surrounded by transit-oriented retail.
• Mixed use,live/work,and three-story residential are the land uses planned
around the transit center to create the community of persons who will
embody the vision of a transit-oriented district.
• The transit plaza anchors the Promenade,which is a great walking street
that connects the plaza to the residences of the Promenade District.
• The residences in the Promenade District are planned as for-sale housing.
The only rental would occur in the area surrounding the transit square as a
mixed-use development,with apartments above retail or office uses.
Guiding Principle#4—Green Spaces&.Public Uses
Vision:Build on the green and open character of the natural setting and history by
incorporating passive green space and active recreational facilities.Incorporate
abundant public and neighborhood-serving facilities such as schools,child-care,
and gathering places:
• A system of neighborhood parks to serve local residents and larger parks
as a resource for the entire community
• Comprehensive trail system for walking,hiking,and biking
• Distinctive landscaping/greenery/greenbelts/trees
• Hillside open space
Azusa's heritage is tied to the San Gabriel Canyon and Mountains.The Specific
Plan fosters that heritage through a series of parks,open space,and trail
connections that will incorporate landscape commemorative of the Nursery and
great botanic gardens of the world.
• The arroyo provides a spiritual,visual,and physical connection through
the new community to the mountains.The arroyo is a natural corridor
located on top of a historic drainage canyon.The arroyo will function has a
natural park with riparian habitat and a trail system connecting to the
Garcia Trail.The trail system will pass underneath Sierra Madre Avenue.
• Parks were used to foam and create the land plan instead of being an
afterthought The Park Neighborhood is designed to provide parks within
the line of sight and within a five-minute walk from all the residential
neighborhoods.
• The Specific Plan provides for a variety of parks.Some parks are designed
with ballfields and turf area for active recreation.Other parks are more
passive in nature designed for viewing and sitting.Along Sierra Madre
Avenue a linear park provides both view opportunities and trail
connections between Azusa,the arroyo trail,and Glendora.The
Promenade includes a linear formal park that offers views,community
gathering opportunities,and spectacular landscape.In total 18 acres of
public park will be dedicated to serve both the existing and new members
of the City of Azusa.
• The trail system is an important part of the land plan.Every street has
parkway-separated sidewalks to promote pedestrian activity.The
realignment of Sierra Madre Avenue will include a new linear park and
trail providing a trail connection between the City of Azusa and Glendora.
The arroyo includes a trail providing north/south access throughout all the
neighborhoods. Furthermore,the Promenade District is designed as a
walking district.
• In addition to public parks,the Specific Plan includes a 2.1-acre private
recreation facility.This facility will provide a community room,pool,and
other recreational amenities.
• The Specific Plan celebrates the heritage of the Nursery by incorporating
botanical garden themes and historic references to Nursery plantings.
• A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use
park anchor the system of parks.The school is designed to accommodate
students from kindergarten through eighth grade.
• The Specific Plan does not extend beyond existing nursery operations and
allows for 170-acres of natural open space to be preserved in perpetuity in
the foothills.
GENERAL.PLAN LAND USE ELEMENT
Primary Community-Wide Land Use Goals
1. Provide an orderly,functional,and compatible land use pattern to guide
the future growth and development of Azusa and its planning area.
2. Ensure that the type,amount,design and pattern of all land uses
throughout the City and planning area serve to protect and enhance the
character and image of Azusa as a desirable residential urban community.
3. Provide for an orderly pattern of future development and change
throughout the City that will be both compatible with and beneficial to
existing land uses and which will ensure residents of a desirable urban
environment in which to live,work,shop and play.
4. Allow development in the San Gabriel Mountain' foothills only when .
proper consideration has been shown for all environmental and safety
factors.
The Specific Plan includes great neighborhoods designed to complement and
enhance the surrounding three new neighborhoods.
Time-honored planning principles of the world-renowned landscape
architect and planner,Frederick Law Olmstead,are the foundation for the
neighborhoods.The Park Neighborhood is based on a romantic bent grid
network formed around parks.The Village Core Neighborhood is designed
as an activity center focused around the arroyo and private recreation
facility.The Promenade District Neighborhood is patterned after the great
walking streets of the world.Examples of communities that were planned
around these principles include Palos Verdes Estates,Beverly Hills,and
the Vista Bonita neighborhood in Azusa.
• The Specific Plan maximizes the number of connections to the adjoining
neighborhoods.Roadway connections are provided at View Crest,Sierra
Madre Avenue,Ninth Street,Palm Drive,and Citrus Avenue.
Furthermore,the realignment of Sierra Madre Avenue includes a linear
park and trail connecting the City to the arroyo trail and the City of
Glendora.
• Parks were used to form and create,the Specific Plan instead of being an
afterthought.The Park Neighborhood is designed to provide parks within
the line of sight and within a five-minute walk from the residential
neighborhoods.
• The Specific Plan provides for a variety of parks. Some parks are
designed with ballfields and turf area for active recreation.Other parks are
more passive in nature designed for viewing and sitting.Along Sierra
Madre Avenue a linear park provides both view opportunities and trail
connections between Azusa,the arroyo trail,and Glendora.The
Promenade includes a linear formal park that offers views,community
gathering opportunities,and spectacular gardens.In total 18 acres of public
parks will be dedicated to serve both the existing and new members of the
City of Azusa.
• The trail system is an important part of the Specific Plan.Every street has
parkway-separated sidewalks to promote pedestrian activity.The
realignment of Siena Madre Avenue will include a new linear park and
trail providing a trail connection between the City of Azusa and the City of
Glendora.The arroyo includes a trail providing north/south access through
the entire community.Furthermore,the Promenade District is designed as
a walking district.
The foothills are preserved and the existing biological resources are
protected.The Specific Plan does not extend beyond existing Nursery
operations,ensuring protection of the foothills by preserving more than
170 acres of natural open space.
• The Specific Plan includes housing products for the middle to upper
income buyer.In the Promenade District,housing prices are anticipated to
range from the low to high$200,OI10s.The Village Core may see housing
prices from the mid-$200,OOOs to over$300,000.In the Park
Neighborhood,housing prices are expected to begin in the low$300,OOOs
and extend well above$500,000.
RESIDENTIAL LAND USE GOALS
1. Encourage the maintenance and conservation of existing single-family
homes and the preservation of existing low-density neighborhoods
throughout the community.
2. Provide for a well-balanced variety of housing arrangements,opportunities
and densities,each appropriately located with references to topography,
traffic and circulation,community facilities,and aesthetic consideration.
3. Ensure the development of school,park,and other necessary public
facilities well related to residential neighborhoods.
4. Encourage only additional residential development that is necessary to
replace older deteriorated housing stock and to provide for the natural
increase in population,but not to encourage higher densities that will
stimulate population growth.
5. Encourage the assemblage of small lots into larger parcels to maximize
land use efficiency in areas permitting higher densities.
Supporting Objectives
• To encourage programs or citizens'efforts that are directed toward
neighborhood or community beautification and improvement.
• To encourage a full range of public improvements and services to all
residential neighborhoods.
• To encourage a continuing program of community preservation and
rehabilitation.
• To provide for a distribution of population through the use of a variety of
densities and housing types throughout the City in order to avoid
undesirable and inefficient concentrations of the population in any one
location of the community.
To encourage the development of residences for all economic segments of
the City and to also encourage the ownership of these units in order to
increase neighborhood stability.
• To ensure that all residential development proposals include an adequate
and detailed analysis of the impact on the entire community and of the
community's ability to sustain it,in terms of provision of such factors as
adequate access,oft-street parking,reasonable demands on utilities and
public facilities,and others that might affect residential or community
quality.
• To ensure that all new development is compatible with the Circulation
Element and existing street system and that the system will adequately
handle the expected traffic increase.
The Specific Plan provides a variety of new housing types,sizes,and prices
formed around public open space and parks.
• The Specific Plan identifies a variety of housing products throughout the
community that range in size and price.Furthermore,the Promenade
District has seven different building typologies.This variety in housing
types,sizes,and prices provides homeownership opportunities for a
variety of people in different stages of homeownership.
• The higher density housing types surround the transit station to create a
bustling,walkable transit neighborhood.The transit neighborhood is
located in the southeast portion of the site adjacent to Citrus Avenue.The
topography is more conducive to a pedestrian friendly district and a
commuter rail stop in this location but would not preclude rail stops in
downtown Azusa and downtown Glendora.Furthermore,this location
would promote transit use by Citrus College and Azusa Pacific University
students.The transit neighborhood is linked to the rest of the Promenade
District by a formal linear park that serves as a gathering spot and
pedestrian way.
• The Specific Plan includes housing products for the middle to upper
income buyer.In the Promenade District,housing prices are anticipated to .
range from the low to high$200,OOOs.The Village Core may see housing
prices from the mid-$200,OOOs to over$300,000.In the Park
Neighborhood housing prices are expected to begin in the low$300,OOOs
and extend well above$500,000.
• Parks were used to form and create the land plan instead of being an
afterthought.The Park Neighborhood is designed to provide parks within
line of sight and within a five-minute walk from the residential
neighborhoods.
• The Specific Plan provides for a variety of parks. Some parks are designed
with ballfields and turf area for active recreation.Other parks are more
passive in nature designed for viewing and sitting.Along Sierra Madre
Avenue a linear park provides both view opportunities and trail
connections between Azusa,the arroyo trail,and Glendora.The
Promenade includes a linear formal park that offers views,community
gathering opportunities,and spectacular landscape.In total 18 acres of
public parks will be dedicated to serve both the existing and new members
of the City of Azusa.
• The two-story design of the proposed residences enhances the value of
one-story designs in the City,instead of directly competing against the
City's existing housing stock.
• A Great Park of 14.5 acres,the largest in the City,consisting of a 9.0-acre
public school and 5.5-acre joint use park,anchor the park system.The
school is designed to accommodate students from kindergarten through
eighth grade.
• The Specific Plan provides a drainage arroyo in the general location of the
historic canyon that drained the foothills.The arroyo will convey storm
flows,contain natural riparian habitat,provide bio-filtration to treat urban
pollutants,and include a trail system connecting to the Garcia Trail.
• The architecture and street scene in all neighborhoods de-emphasizes the
garage.Each neighborhood has parkway-separated sidewalks with street
trees.The living portion of the homes are pulled forward toward the street
with outdoor living space such as porches,stoops,and balconies.Garages
are pushed back away from the street and de-emphasized so that each
home has a recognizable front instead of a series of garage doors.This
architectural design encourages neighborhood interaction,a pedestrian
lifestyle,and promotes safety by allowing for"eyes on the street."
A Homeowner's Association(HOA)will govern the new development by
enforcing specific codes and covenants designed to promote community
consistency,maintenance and value.The HOA will also include
community programs to encourage neighbor participation.
• The Specific Plan contributes substantial monies toward community
infrastructure improvements,such as improvements to the street system,
water system,and sewer system.
• The Specific Plan EIR assessed potential impacts of the proposed
_ development on the surrounding community.Topics such as traffic,air
quality,noise,hydrology,geology,biology,and hazards were analyzed in
detail.Where the proposed development caused adverse impacts,
mitigation measures were incorporated into the plan.
COMMERCIAL LAND USE GOALS
1. Promote the development of commercial facilities which are convenient to
residents and which provide the widest possible selection of goods and
services,in keeping with sound economic principles of retail locations.
2. Ensure an economically strong and balanced commercial sector of the
community that is easily accessible,attractive,and meets the commercial
needs of the market area.
3. Encourage the revitalization of the central downtown business district.
Supporting Objectives
To encourage the clustering of businesses,landscaping,development of
small commercial centers with shared parking,and other development
techniques that will improve the visual appearance and efficiency of
existing"'strip"commercial development along arterial streets.
To achieve strong investment and consumer support for the commercial
sector of the community.
• To preserve the integrity of commercial areas by prohibiting the mixture of
incompatible noncommercial uses within these areas.
• To ensure adequate parking,attractive landscape and architectural design,
and good access to the commercial area from its service area.
• To undertake a study of the central downtown business district followed
by effective revitalization efforts.
The Specific Plan proposes minimal commercial opportunities to serve the new
development without competing with established commercial centers in the City.
• A modest amount(30,000 to 50,000 square feet)of transit oriented
commercial uses are permitted in the transit village.
Live/work is a building typology permitted in most of the Promenade
District,allowing the owner of the residence to also have an office on the
fust floor,but the design functions equally as well as pure residential.
COMMUNITY FACILITY LAND USE GOALS
1. Provide for a land use configuration in Azusa that provides adequate,
easily accessible and appropriate community facilities and utilities while
minimizing taxes and operations to within reasonable levels.
Supporting Objectives
• To provide for a community-wide balance of community facilities that will
not create excessive demands on facilities and utilities,especially in areas
of development concentration.
• To encourage the use of alternative energy sources,such as solar energy,
and energy-related environmental criteria in the design,construction and
lot orientation of new or proposed buildings.
To explore the feasibility and potential for the multiple-use of existing
public or quasi-public rights-of-way for recreational purposes.
• To provide for adequate park and recreation facilities to meet the demands
of present and future Azusa citizens.
The Specific Plan was designed to minimize impacts on the City's community and
utility facilities. -
• Development of the Monrovia Nursery property will require substantially
less water use than the existing Monrovia Nursery operations.
• Development of the Monrovia Nursery property will require substantially
less electricity use than the existing Monrovia Nursery operations.
• The Specific Plan provides the largest contiguous open space in the City
by connecting the Great Park with the arroyo nature park to the wilderness
park in the mountains.
• Parks were used to form and create the land plan instead of being an
afterthought.The Park Neighborhood is designed to provide parks within
the line of sight and within a five-minute walk from the residential .
neighborhoods.
• The Specific Plan provides for a variety of parks. Some parks are
designed with ballfields and turf area for active recreation.Other parks are
more passive in nature designed for viewing and sitting.Along Sierra
Madre Avenue a linear park provides both view opportunities and trail
connections between Azusa,the arroyo trail,and Glendora.The
Promenade includes a linear formal park that offers views,community
gathering opportunities,and spectacular landscape.In total 18 acres of
public parks will be dedicated to serve both the existing and new members
of the City of Azusa.
• A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use
park anchor the system of parks.The school is designed to accommodate
students from kindergarten through eighth grade.
• The Specific Plan includes a 2.1-acre private recreation facility open to the
new residents of the Monrovia Nursery development.The private
recreation facility will include a pool and other recreation amenities.
• The new development will include a Community Facilities District and
Homeowner's Association to provide financial opportunities for
construction and maintenance of the proposed community facilities.
• The City has prepared a fiscal impact analysis to determine the long-term
financial implications of the proposed development for the City.
CIRCULATIONITRANSPORTATION LAND USE GOALS
1. Provide for a land use configuration that is compatible with the
transportation and circulation systems that currently exist and with those
that are planned by the City,County and State.
2. Provide for land uses that encourage efficient use of the circulation
systems that exist,while avoiding land use concentration or locations that
might result in unnecessary and undesirable congestion.
Supporting Objectives
• To provide for adequate access into residential areas by local or collector
streets,avoiding congestion and hazardous conditions that are often caused
by direct access onto arterial streets from local streets or residences.
• To provide for alternative modes of transportation such as bicycles,
pedestrian facilities,etc.,as well as access to major regional transportation
systems.
To adequately buffer the more sensitive land uses from the adverse effects
of freeways,major arterials,railroad and other circulation components.
To encourage the development of clustered commercial uses,especially
along arterial streets,that make more efficient use of parking and land
utilization while maximizing safe pedestrian circulation.
The land uses and circulation patterns in the Specific Plan promote efficient
pedestrian,vehicular,and transit circulation.
• The higher density housing types surround the transit station to create a
bustling,walkable transit village.The transit village is located in the
southeast portion of the site adjacent to Citrus Avenue.The topography is
more conducive to a pedestrian friendly district and a commuter rail stop
in this location but would not preclude rail stops in downtown Azusa and
downtown Glendora.Furthermore,this location would promote transit use
by Citrus College and Azusa Pacific University students.The transit
village is linked to the rest of the Promenade District by a formal linear
park that serves as a gathering spot and pedestrian way.
• Parks were used to form and create the land plan instead of being an
afterthought.The Park Neighborhood is designed to provide parks within
line of sight and within a five-minute walk from the residential
neighborhoods.
• All possible street connections have been incorporated into the land plan.
Connections occur at View Crest,Sierra Madre Avenue,Ninth Street,
Palm Drive,and Citrus Avenue.
• The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic
and change the character of the street.Roundabouts are designed at the
east and west ends of Sierra Madre Avenue to indicate that a change in
roadway character is about to occur.
• Along Sierra Madre Avenue is a linear park with a multi-purpose trail that
connects Azusa to the arroyo trail and the City of Glendora.
• The Specific Plan does not provide a connection of Citrus Avenue
between Sierra Madre Avenue and Foothill Boulevard in order to avoid
creating a new arterial roadway through the middle of the development.
• The Park Neighborhood relies on a romantic bent grid roadway pattern,
which creates a series of interconnected streets allowing traffic to disperse
into a variety of directions.
• The Specific Plan includes a transitstation to accommodate future
commuter rail traffic on the extension of the Gold Line from Pasadena to
Claremont.
• The Specific Plan encourages alternative forms of transportation by the
Sierra Madre trail,arroyo trail,Promenade linear park,parkway separated
sidewalks,and a street network that disperses traffic to create pedestrian
friendly roadways.
CIRCULATION ELEMENT GOALS
1. Provide for a transportation system which supports planned land use and
improve the quality of life.
2. Promote the safe and effective movement of all segments of the population
and the efficient transport of goods.
3. Make efficient use of existing transportation facilities.
4. Protect environmental quality and promote the wise and equitable use of
economic and natural resources.
Supporting Objectives
• To encourage State,regional,and local governments and agencies to
achieve a coordinated and balanced regional transportation system,
consistent with the City's social,economic and environmental needs and
goals.
• To develop transportation planning,services,and facilities that are
coordinated with and support the land use plan.
• To develop a balanced system of circulation which incorporates motor
vehicles,pedestrians,bicycles and other private and public transportation
modes with greater safety and increased energy efficiency.
• To encourage the continuance of a public transportation system that will
(1)provide a viable alternative to the automobile,(2)satisfy the -
transportation needs of commuters,the economically disadvantaged,the
aged,the young,and the handicapped,and(3)promote service at a
reasonable and equitable cost to both the users and the general community.
The Specific Plan promotes alternative forms of transportation and a circulation
system that avoids impacts to the surrounding community.
• The Specific Plan includes a transit station to accommodate future
commuter rail traffic on the extension of the Gold Line from Pasadena to
Claremont.
• All possible street connections have been incorporated into the land plan.
Connections occur at View Crest,Sierra Madre Avenue,Ninth Street,
Palm Drive,and Citrus Avenue.
• The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic
and change the character of the street.Roundabouts are designed at the
east and west ends of Sierra Madre Avenue to indicate a change in
roadway character is about to occur.
• Along Sierra Madre Avenue is a linear park with a multi-purpose trail that
connects Azusa to the arroyo trail and the City of Glendora.
• The Specific Plan does not provide a connection of Citrus Avenue
between Sierra Madre Avenue and Foothill Boulevard in order to avoid
creating a new arterial roadway through the middle of the development.
• The Park Neighborhood relies on a romantic bent grid roadway pattern,
which creates a series of interconnected streets allowing traffic to disperse
into a variety of directions.
• The Specific Plan encourages alternative forms of transportation by the
Sierra Madre trail,arroyo trail,Promenade linear park,parkway separated
sidewalks,and a street network that disperses traffic to create pedestrian
friendly roadways.
• The Specific Plan EIR provides a complete assessment,including
mitigation measures,of potential traffic impacts on the surrounding
streets.
SCENIC HIGHWAYS ELEMENT GOALS
1. Provide a scenic road system serving a variety of transportation modes.
2. Provide enhanced recreational and commercial opportunities served by a
system of scenic roadways.
3. Preserve and enhance the aesthetic resources within scenic corridors.
Supporting Objectives
• To establish a city wide scenic roadway system.
• To encourage utilization of appropriate existing goals.
• To protect and enhance aesthetic resources within corridors of designated
scenic roadways.
• To establish and maintain urban scenic highways to provide access to
interesting and aesthetic manmade features,historical and cultural sites,
and urban open space areas.
To provide a comprehensive Scenic Roadway Program which safely
accommodates various forms of transportation compatible with scenic
highway criteria and standards.
To develop and apply standards to regulate the quality of development
within corridors of designated scenic roadways.
• To improve the aesthetic qualities of scenic roadway corridors through the
rehabilitation,renovation,and redevelopment of deteriorating areas along
these routes.
To remove visual pollution from designated scenic highway corridors.
To encourage the development and use of aesthetic design standards for
road construction or reconstruction for all designated scenic roadways.
• To increase governmental commitment to the designation of scenic
highways and protection of scenic corridors.
• To encourage the fair distribution of social and economic costs and
benefits associated with scenic highways.
• To promote the use and awareness of scenic highway amenities for all
segments of the population.
The Specific Plan enhances Sierra Madre Avenue's status as a Scenic Highway.
• The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic
and change the character of the street.Roundabouts are designed at the
east and west ends of Sierra Madre Avenue to indicate a change in
roadway character is about to occur.
•
The north side of Siena Madre Avenue will be primarily landscaped slope.
In the Village Core,homes will front onto Sierra Madre Avenue.
• The south side of Sierra Madre Avenue will have a linear park and multi-
purpose trail.Landscaping will dominate the linear park while also
respecting the view opportunities from the roadway and trail..
• The proposed recreation facilityand Village Core housing will front onto
the south side of Siena Madre Avenue creating a point of arrival at an
activity center.
• A bridge on Sierra Madre Avenue will cross the arroyo and arroyo trail.
• The narrow cross-section of Sierra Madre Avenue is designed to slow
traffic but maintain roadway capacity to accommodate commuter traffic.
HOUSING ELEMENT GOALS
1. Conserve and improve the condition of the existing affordable housing
stock.
2. Assist in the development of adequate housing to meet the needs of low-
and moderate-income households.
3. Identify adequate housing sites which will be made available through
appropriate zoning and development standards and with public services
and facilities needed to facilitate and encourage the development of a
variety of types of housing for all income groups.
4. Address and,where appropriate and legally possible,remove
governmental constraints to the maintenance,improvement,and
development of housing.
5. Promote housing opportunities for all persons regardless of race,religion,
sex,marital status,ancestry,national origin of color.
Quantative Objectives
• To conserve affordable housing available through the existing rental
housing supply and mobile home dwellings(N=389).
• To achieve the rehabilitation of 100 housing units during the time flame of
mid-1984 through mid-1989.
• To meet the rental housing assistance in existing housing units of 150
lower income households during the next five years.
• To meet the owner housing assistance needs of first time buyers of
moderate income in 100 newly constructed housing units.
• To achieve the production of 80 new rental housing units within the
financial means of low-and moderate-income households.
The Specific Plan creates new housing opportunities for a variety of people at
different homeownership stages in their life.
The Specific Plan identifies a variety of housing products that range in size
and price.Furthermore,the Promenade District has seven different
building typologies.This variety in housing types,sizes,and prices
provides homeownership opportunities for a variety of people in different
stages of homeownership.
• The Specific Plan includes housing products for the middle to upper
income buyer.In the Promenade District,housing prices are anticipated to
range from the low to high$200,OOOs.The Village Core may see housing
prices from the mid-$200,OOOs to over$300,000.In the Park
Neighborhood housing prices are expected.to begin in the low$300,000s
and extend well above$500,000.
The proposed housing products are for-sale residences.The only
opportunity for rental housing is in the transit neighborhood where mixed-
use development could have apartments over retail or office uses.
SEISMIC SAFETY/PUBLIC SAFETY ELEMENTGOALS
1. Prevention of serious injury and loss of life.
2. Prevention of serious structural damage to critical facilities and structures
where large numbers of people are apt to congregate at one time.
3. Insure the continuity of vital services and functions.
4. Education of the Community.
Supporting Objectives
• To reduce loss of life,injuries,and damage to property caused by seismic
events and seismic-related conditions.
• To reduce loss of life,injuries,and damage to property,and loss of natural
resources caused by wildland and urban fires.
• To protect life and property in the event of a natural disaster.
• To prevent injury or loss of life and damage to property due[to]flood
hazards.
The Specific Plan used extensive geotechnical investigations to determine the
appropriate locations for development that minimize risks to life and property.
• A setback zone for the Sierra Madre Fault was identified and no houses
are located within the setback zone.
• Sierra Madre Avenue was aligned along an unnamed fault to provide
appropriate setbacks for housing.
• A setback zone for a second unnamed fault on the west side of the
property north of Tenth Street prohibits the construction of habitable
structures.
Geologists and geotechnical engineers conducted a liquefaction hazard
analysis and determined that dirt in the lower portion of the property must
be removed approximately 20 to 25 feet deep and recompacted to
minimize potential liquefaction hazards.
• The Specific Plan EIR contains an extensive geologic and geotechnical
investigation,with appropriate mitigation measures to minimize risks to
life and property.
CONSERVATION ELEMENT GOALS AND OBJECTIVES
1. To protect,conserve,and manage the natural and scenic resources of the
Azusa Planning Area.
2. To ensure an adequate supply of high quality water for local and regional
needs by preventing the accelerated water loss due to high runoff and loss
of groundwater recharge areas,and pollution,while protecting life and
property with appropriate flood protection measures.
3. Conserve soils as a water-regulating medium as well as for the production
of natural or other hillside vegetation.
4. To promote the retention of native or other vegetation wherever feasible
for maximum water yield,air,and water quality,and flood hazard
reduction.
5. To preserve adequate expanses of all major habitat types so as to maintain
ecosystems in a natural balance for recreation,scientific,economic,
educational and scenic purposes.
6. To secure a safe,healthful,and wholesome environment through careful
planning for the preservation and utilization of natural resources and
natural resource lands.
The Specific Plan promotes conservation of natural resources.
• Development of the Nursery property does not extend beyond existing
nursery operations allowing for 170-acres of natural open space to be
preserved in perpetuity.
• The arroyo provides a spiritual,visual,and physical connection through
the new community to the mountains.The arroyo is a natural corridor
located on top of a historic drainage canyon.The arroyo will function has a
natural park with riparian habitat and a trail system connecting to the
Garcia Trail.The trail will pass underneath Sierra Madre Avenue.
• The arroyo provides a series of water quality basins planted with riparian
habitat designed to foster groundwater recharge and biofiltration to remove
urban pollutants from the storm runoff.
• Development of the Monrovia Nursery property will require substantially
less water use than the existing Monrovia Nursery operations.
• Development of the Monrovia Nursery property will require substantially
less electricity use than the existing Monrovia Nursery operations.
• Development of the Monrovia Nursery property will reduce the amount of
Particulate Matter 10 microns(PMio)currently released from the Nursery
site.The South Coast Air Basin is currently designated as a non-attainment
area for PMio because of noncompliance with the State and Federal Clean
Air Acts.Therefore,development of the Monrovia Nursery property will
improve air quality.The Specific Plan EIR contains an extensive air
quality analysis.
• The Specific Plan includes a series of detention basins to minimize
impacts from flooding.The EIR includes an extensive hydrology analysis
that documents how the proposed development reduces the risk of
flooding to surrounding properties.
OPEN SPACE ELEMENT GOALS
1. To secure a safe,healthful,and wholesome environment through careful
planning and preservation of open space resources.
2. To maintain the continued existence of valuable amenities which provide
beauty,identity,and form to the community and to neighborhoods within
the community.
3. To preserve or conserve valuable natural and cultural resources that have
scientific,educational,economic and cultural value.
4. To contribute to the attainment of the State Legislature's open space
planning goals and objectives and fulfill the responsibility that Azusa has
to the geographic region it is located.
Supporting Objectives
• To protect examples of wildlife habitat by acquisition of as much open
space land as economically possible and by prohibiting its development
with incompatible uses.
• To preserve the hillside topography and natural vegetation through land
use regulations,which encourage the retention of the natural topography
and control the degree of ground coverage by structures both on the
hillside and in the arroyos and canyon bottom.
• To promote the study,adoption and review of regulations designed to
assure appropriate and safe development in hazardous development areas.
These regulations should include control of elimination of mass grading,
limitation on the intensity and density of land use,and prohibitions against
any development projects except those which are designed for
mountainous or irregular topography.
The Specific Plan designates over 60 percent of the Nursery property for open
space,park,cultural,and recreation amenities.
Parks were used to form and create the land plan instead of being an
afterthought.The Park Neighborhood is designed to provide parks within
the line of sight and within a five-minute walk from the residential
neighborhoods.
• Development of the Nursery property does not extend beyond existing
nursery operations allowing for 170-acres of natural open space to be
preserved in perpetuity in the foothills.
• The Specific Plan provides for a variety of parks.Some parks are designed
with ballfields and turf area for active recreation.Other parks are more
passive in nature designed for viewing and sitting.Along Sierra Madre
Avenue a linear park provides both view opportunities and trail
connections between Azusa,the arroyo trail,and Glendora.The
Promenade includes a linear formal park that offers views,community
gathering opportunities,and spectacular landscapes.In total 18 acres of
public parks will be dedicated to serve both the existing and new members
of the City of Azusa.
• A trail system is an important part of the Specific Plan.Every street has
parkway-separated sidewalks to promote pedestrian activity.The
realignment of Sierra Madre Avenue will include a new linear park and
trail providing a trail connection between the City of Azusa and the City of
Glendora.The arroyo includes a trail providing north/south access
throughout all the neighborhoods.Furthermore,the Promenade District is
designed as a walking district. .
• In addition to public parks,the Specific Plan includes a 2.1-acre private
recreation facility.This facility will provide a community room,pool,and
other recreational amenities.
• The Specific Plan celebrates the heritage of the Nursery by incorporating
botanical garden themes and historic references to Nursery plantings.
• A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use
park anchor the system of parks.The school is designed to accommodate
students from kindergarten through eighth grade.
• The Specific Plan provides 18 acres of park and recreation facilities,more
than the 16.5 acres of parkland required by State planning law.
NOISE ELEMENT GOAL
1. The principal goal of the City is to prohibit unnecessary and annoying
noise from all sources in the community through the identification,
control,and abatement of noise pollutants.
Supporting Objectives
• To continue present programs which prohibit unnecessary,excessive and
annoying noise from sources which are subject to the police power of the
City.
• To use existing and future regulatory controls such as noise ordinances, .
zoning restrictions,conditional use permits,enviromnental impact reports
and precise plans for the identification,control,and abatement of noise.
• To coordinate with Federal,State,County and other governmental
agencies in dealing with noise abatement.
To provide information to the public regarding the potential impact of
various noise sources and methods for abatement.
The Specific Plan is designed consistent with the City's noise standards.
• The Specific Plan EIR includes an extensive analysis of construction and
operational noise impacts,including mitigation measures.
COMMUNITY DESIGN ELEMENT GOALS
1. Provide guidelines for design treatments of public and private buildings
which are aesthetic yet economically practical.
2. Promote community identity through the upgrading of existing
landscaping,redesign of existing buildings and design treatments for new
buildings,which are in keeping with community character.
3. Enhance the economic stability of the community's commercial and
industrial businesses and encourage the attraction of new enterprises.
Supporting Objectives
• To foster community identity and pride through design treatment.
• To protect and enhance economic value of properties and encourage
commercial business growth.
• To ensure the proposed development will be properly related to its site and
to surrounding sites and structures;to prevent the erection of structures,
which are inharmonious with their surroundings.
• To ensure that sites,projects and structures are developed with due regard
for the aesthetic qualities of the natural terrain and landscape,and that
trees and shrubs are not indiscriminately destroyed.
• To ensure that the design and exterior architecture of proposed structures
will not be so at variance with either the design or exterior architecture of
the structure already constructed or being constructed in the immediate
neighborhood as to cause a substantial depreciation of property values in
the neighborhood.
• To ensure that open spaces,parking areas,and landscaping are designed to
enhance the visual and physical use,of the property and to screen
deleterious uses.
• To develop design criteria for all commercial and industrial development,
as well as residential projects of nine or more dwelling units.
The Specific Plan includes community design criteria and architectural standards
that celebrate Azusa's heritage and promote lasting value.
• The Specific Plan has three neighborhoods based on planning principles
that have held value over time.The world-renown landscape architect and
planner,Frederick Law Olmstead,pioneered these principles.The Park
Neighborhood is based on a romantic bent grid network forted around
parks.The Village Core Neighborhood is designed as an activity center
focused around the arroyo and private recreation facility.The.Promenade
District is patterned after the great walking streets of the world.Examples
of local communities that were planned around these principles include
Palos Verdes Estates,Beverly Hills,and the Vista Bonita neighborhood of
Azusa.
• In the Park Neighborhood,Village Core,and Promenade District all streets
have parkway separated sidewalks and street trees,and a majority of the
streets open onto parks.These amenities are shared by everyone in the
community.
Architecture in all the neighborhoods de-emphasizes the garage.The
living portion of the homes are pulled forward toward the street with
outdoor living space such as porches,stoops,and balconies.This
architectural design encourages neighborhood interaction,a pedestrian
lifestyle,and promotes safety by allowing for"eyes on the street."
The architecture in all three neighborhoods is based on heritage
architecture from the San Gabriel Valley.Examples include Spanish
Colonial,Craftsman,European Cottage,American Traditional,Monterey,
and American Farmhouse.The Specific Plan identifies elements for each
style that make the style accurate and recognizable.The Specific Plan
. promotes the"Simple House"concept,which encourages simple plan
forms and elevations that reduce costs while providing authentic
architectural form and massing.
The Specific Plan includes a landscape vision that celebrates the heritage
of the Nursery.Incorporating botanical garden themes and historic
references to Nursery plantings,the landscaping will be distinct and
spectacular.
HISTORIC PRESERVATION ELEMENT
HEALTH AND WELFARE GOAL
To provide for and maintain a safe,attractive and desirable living environment
and to insure optimum health and well-being for all residents of Azusa.
Supporting Objective
• The aforementioned is the overall prime goal which establishes the
justification for a Historic Preservation Element and all of the following
objectives should be viewed as implementing this goal.
PRESERVATION GOAL
To preserve valuable natural and man-made resources that have scientific,
educational,economic and cultural value.
Supporting Objectives
• Evaluate buildings to determine if they can be restored and brought up to
Fire,Health,and Building Code standards.
Develop zoning bonus and development incentives which will serve
preservation.
• Develop an owner awareness program to inform property owners of tax
programs and other preservation techniques. .
• Utilize Community Development Block Grants(CDBG)for low interest
loans for preservation.
• Pursue inclusion of sites on the National and State Registries of Historic
Sites.
• Conduct a community-wide survey to determine appropriate sites for
preservation.
• Develop a priority ranking to identify high,medium and low priority for
preservation activities.
• Evaluate capital improvement programs and public services which can be
directed to historic preservation.
• Pursue innovative techniques for historic site preservation such as
architectural easements,conservation districts and development rights
transfer.
• Pursue federal and state grants-in-aid for site purchase and enhancement.
• Investigate the feasibility of Bond Financing to finance purchase and
enhancement of historical sites.
• Continue to implement provisions in the California Environment Quality
Act(CEQA)requiring investigation and evaluation prior to development
of all archaeological,paleontological,cultural and historical features.
Monitor proposed state and federal legislation relating to historic
preservation;officially support same when appropriate.
• Pursue private funding sources and programs as highest priority for site
preservation.
• Coordination with,and utilization of,the Community Redevelopment
Agency as a vehicle for preservation activity.
RESTORATION AND ENHANCEMENT GOAL
To restore and enhance historical,cultural and other man-made features.
Supporting Objectives
• Evaluate buildings to determine if they can be restored and brought up to
Fire,Health and Building Code Standards.
• Utilize CDBG for low interest loans for restoration.
• Evaluate Building,Fire and Health Codes to determine where they can be
relaxed as an incentive to historic site restoration.
• Evaluate capital improvement programs and public services which can be
directed to historic site restoration and enhancement.
• Pursue federal and state grants-in-aid for site purchase and enhancement.
• Investigate the feasibility of Bond Financing for purchase and
enhancement of historical sites.
Continue to implement CEQA to identify historical sites and mitigation
measures for preservation and enhancement.
Pursue private funding sources and programs as highest priority for site
restoration and enhancement.
COMMUNITY IDENTITY GOAL
To promote community identification and visual quality.
Supporting Objectives
Identify and preserve sites which are significant in the past development
and economy of the con m miry and which foster the public's awareness of
the cultural make-up of the community.
COMMUNITY INVOLVEMENT GOAL
To encourage opportunities for community involvement and participation.
Supporting Objectives
Develop educational and information programs to make the public aware
of historic sites and preservation activities.
New development should be related to existing development and
historical/cultural resources in scale,material and character in order to
maintain community,neighborhood and block identity.
EDUCATION GOAL
To encourage the educational and cultural enrichment of the residents of Azusa.
Supporting Objectives
• Develop public awareness programs(literature,work shops,lecture series,
etc.),to make citizens aware of landmarks and preservation programs.
• Utilizing CEQA and the public hearing process,educate and notify the
public of development activities and potential impacts upon historic sites.
PLANNING CONSISTENCY GOAL
To foster consistency between the various general plan elements and the Historic
Preservation Element.
Supporting Objectives
• Evaluate the various general plan elements and zoning for possible
inconsistencies with historic sites and preservation;amend the general
plan where necessary.
The Specific Plan includes measures designed to preserve and celebrate the
Nursery's heritage and cultural resources to the maximum extent practical.
• Historic resources,such as the Covina Canal and the Vosburg House,will
be preserved to the extent feasible.While the potable water in the Covina
Canal will be placed in an underground pipe,the open channel canal
structure will remain and possibly used for storm drain purposes.The
Vosburg House will remain on site and continue to function as Monrovia
Nursery's headquarters.The Specific Plan EIR includes an assessment and
mitigation measures for the cultural resources on-site.
The Specific Plan is compatible with surrounding land uses and creates new great
neighborhoods that benefit the entire community.Existing land uses are buffered.
The Dbammakaya is buffered on the west by the Vosburg House;on the south by
a roadway and landscaped detention facility,and on the north and east by a
landscaped slope.The homes backing onto the Nursery in the Nob Hill
neighborhood are buffered by a landscaped drainage course.The homes in
Glendora that back onto the Nursery are buffered by a park and landscaped slopes.
The homes that currently take access from Sierra Madre Avenue will be provided
with a new private driveway.
C. That the proposed amendment will not conflict with the provisions of the zoning
ordinance,subdivision regulations,or any applicable specific plan:
The proposal meets all of the applicable provisions of the Zoning Code for the
proposed Specific Plan(SP)zoning designation. Further the Specific Plan
contains its own development standards. The amendment will not conflict with
the City's subdivision regulations. In addition,all applicable City divisions and
departments have reviewed the proposal and issued conditions for approval.
D. The proposed amendment will not adversely affect surrounding properties:
An Environmental Impact Report with mitigation measures has been prepared.
The mitigation measures serve to prevent adverse impacts on the future homes to
be constructed on the site,surrounding sensitive land uses,and service systems.
An impact to surrounding properties,which cannot be mitigated to a less-than-
significant level, is the overall change in visual character of the site from agri-
business to predominately residential. However,a Statement of Overriding
Considerations has been adopted under a separate resolution.
SECTION 3:An EIR was prepared by the City pursuant to CEQA and its related
Guidelines section 15168 to analyze potential adverse environmental impacts of the Project
implementation.Significant adverse environmental impacts with regard to air quality,aesthetics,
noise,cultural resources,and utilities and service systems were found. A Statement of Overriding
Considerations has been adopted under a separate resolution.
SECTION 4:The Clerk shall certify to the adoption of this resolution and shall cause the
same to be published in compliance with Chapter 88,Article III,Division 6 of the Azusa
Municipal Code.
PASSED,APPROVED AND ADOPTED this 3rd d fFebruary .2003.
stina Cruz-Mad, MAYOR
ST
ra Mendoza,CITY CLERK '
I HEREBY CERTIFY that the foregoing Resolution No.03-C8 was duly adopted by the City
Council of the City of Azusa at a regular meeting thereof,held 3m day of February 2003,by the
following vote of the Council:
AYES: COUNCH.MEM 3ERS: Hardison,Stanford,Rocha,Chagnon
NOES: COUNCILMEMBERS: Madrid
ABSENT: COUNCH,MEMBERS: None
ABSTAIN: COUNCH.MEM 3ERS: None
City Clerk
APPROVED AS TO FORM
City Attorney
RESOLUTION NO.03-C9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING
VESTING TENTATIVE TRACT MAP NO.54057
TO SUBDIVIDE TWENTY-SEVEN(27)PARCELS OF LAND INTO SEVEN HUNDRED
FIFTY FIVE(755)PARCELS AT 18331 E.FOOTHILL BLVD.
(APN:Within the City-8608-003-001,8608-003-002,8608-003-005,8608-003-006, 8625-004-
007,8625-004-012, 8625-029-006,8684-022-012;Within the City's sphere of Influence-8608-
003-003, 8625-001-001, 8625-002-002,8625-004-129,8625-004-130,8625-005-014,8625-005-
018,8625-005-019, 8625-008-001,8625-008-005,8625-009-011,8625-009-012,8625-010-008,
8625-029-005,8684-024-033, 8684-024-039,8684-024-041,8684-024-042,8684-024-043)
WHEREAS,an application was received from Monrovia Nursery Company with respect
to the requested Vesting Tentative Tract Map No.54057 to subdivide twenty seven(27)parcels
of land into seven hundred fifty five(755)parcels at 18331 E.Foothill Blvd.,and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
11 and 18,2002,and a public meeting on January 8,2003,and after receiving testimony,the
Planning Commission closed the public hearing and deliberated regarding the Final
Environmental Impact Report and the Project Approvals,and after duly considering all
information presented to it; and
WHEREAS, the Planning Commission voted unanimously to adopt Resolution No.2003-
05 recommending that the City Council approve Vesting Tentative Tract Map No. 54057,and
WHEREAS,the City Council held a duly noticed public hearing on January 21,2003,
and
WHEREAS,the City Council of the City of Azusa carefully considered all the pertinent
evidence and testimony regarding Vesting Tentative Tract Map No.54057;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY AZUSA HEREBY
RESOLVES AS FOLLOWS:
SECTION is That in accordance with Section 88-585 of the Azusa Municipal Code,it is
found that the project would not unreasonably interfere with the use or enjoyment of property in
the vicinity,and would not adversely affect the public peace,health,safety or general welfare,
and provided the conditions of approval are adhered to,the City Council hereby adopts said -
Vesting Tentative Tract Map based on the following findings:
A. Such approval will not be materially detrimental to the public welfare,injurious to
the property or improvements in the vicinity and zone in which the land is located,
will not be contrary to or adversely affect the general comprehensive zoning plan
for the city.
With the approval of a General Plan Amendment,the approval of the Vesting
Tentative Tract Map is consistent with the City of Azusa General Plan,which
includes the requirements of the Seismic Safety/Public Safety Element and the
Noise Element. The proposed residential,commercial,transit,institutional,and
parks project will be constructed to meet the development standards of the zone
and the Uniform Building Code standards.
B. Proper or adequate provision has been made for access to the land to be sold,
divided or subdivided and also the portion of land remaining or that access to the
land is by means of dedicated streets of a sufficient width and state of
improvement to adequately serve the land described in the application.
Access to the residential,commercial,transit,institutional,and parks parcels
created by the Vesting Tentative Tract Map would be provided by the construction
of"A"through"Z"and"AC"through"AS"Streets and the construction of the
extensions of Palm Drive,Citrus Avenue,and Sierra Madre Avenue. The project
has been conditioned to ensure public access for existing owners of interest.
C. Proper and adequate provisions have been made for all public utilities and public
services,including sewers.
Proper and adequate provisions exist for all public utilities and public services,
including sewers. The City's Sewer Master Plan planned for increase in
wastewater from the Monrovia Nursery property.
SECTION 2. Pursuant to California Government Code Section 66410 et seq.,based on
the entire record before the City Council and all written and oral evidence presented to the City
Council,the City Council finds as follows:
A. The proposed subdivision in the Tentative Tract Map is designed,to the extent
feasible,to provide for passive or natural heating or cooling opportunities because
some lots have and east-west orientation to facilitate solar heating and natural
cooling. The development will be subject to subsequent site plan review,which
will take into account Title 24 standards.
B. The proposed subdivision and the provisions for its design and improvement in
the Tentative Tract Map are consistent with the general plan for the City of Azusa
("General Plan"),and the applicable specific plan,otherwise known as the
Monrovia Nursery Specific Plan("Specific Plan'),because:
1. The Tentative Tract Map provides for land uses compatible with the
Specific Plan land use classification for the Subject Site in the General
Plan,and the provisions for design and improvements promote the goals
and objectives of the General Plan.
2. The Tentative Tract Map provides for land uses compatible with the
Specific Plan land use classification for the Subject Site in the Specific
Plan,and the provisions for design and improvements comply with the
implementation policies and objectives of the Specific Plan.
` C. The Subject Site is physically suitable for the type and density of development
proposed in the Tentative Tract Map because the site is surrounded by
development on three sides. Therefore,being an infill development,infrastructure
can easily be extended to the project site to serve the new land uses.
D. The subdivision design and improvements proposed in the Tentative Tract Map
are not likely to cause substantial environmental damage nor substantially injure
fish or wildlife or their habitat because after CEQA compliance,the
environmental impacts to any significant habitat of a rare or endangered species of
plant,animal,or insect,or any fragile or unique biotic community are at a less-
than-significant level. -
E. The subdivision design and type of improvements proposed in the Tentative Tract
Map are not likely to cause serious public health problems because all
development and public improvements will be performed per the requirements of
all applicable standards and codes,including the zoning and building codes,and
mitigation measures identified in the Environmental hnpact Report related to lead
based paint,PCBs,HBCLs,and TPH-impacted soils.
F. The subdivision design and type of improvements proposed in the Tentative Tract
Map will not conflict with easements acquired by the public at large for access
through or use of the Subject Site because easements have been preserved through
subdivision or easement relocation.
G. The discharge of waste into an existing sewer system from development proposed
in the Tentative Tract Map will not cause a violation of existing requirements
prescribed by the local water quality control board because future development
must comply with County Sanitation Districts and Los Angeles County Public -
Works Department requirements placed on the project at the Precise Plan of
Design level of project review.
SECTION 3. Pursuant to section 66412.3 of the Government Code,based on the entire
record before the City Council and all written and oral evidence presented to the City Council,
the City Council finds the subdivision and improvements proposed in the Tentative Tract Map
help the City of Azusa meet its regional housing needs because the proposed densities on the
project site(up to 36 units per acre)will facilitate lower cost housing opportunities.
SECTION 4. Based on the entire record before the City Council and all written and oral
evidence presented to the City Council,the City Council finds the nature and extent of the
dedications,reservations,impact fees,and other exactions are reasonably related to public needs
and roughly proportional to the impacts created by the subdivision and improvements proposed
in the Tentative Tract Map because ])parks are needed to serve the recreation needs of the new
residents generated by the project,2)streets dedicated to the City will provide public access to
the site and connect to the City's circulation system,3)the school site will provide adequate land
for developing a new school to serve the project's new residents,and 4)the open space will give
the project aesthetic value since the project site provides a backdrop to the San Gabriel Valley.
SECTION 5.An EIR was prepared by the City pursuant to State CEQA Guidelines
Section 15168 to analyze potential adverse environmental impacts of the Project implementation.
Significant adverse environmental impacts with regard to air quality,aesthetics,noise,cultural
resources,and utilities and service systems were found.A Statement of Overriding
Considerations has been adopted under a separate resolution. -
SECTION 6:The City Council hereby approves Vesting Tentative Tract Map 54057
based on the aforementioned findings and conditions of approval listed as Exhibit A.The map
shall be finalized and recorded prior to any construction and only after these findings and
conditions have been accepted in writing by the owner of the described property.
SECTION 7:The City Clerk shall certify to the passage of this resolution and shall cause
the same to be published in compliance with Chapter 66,Article IV,Division 4 of the Azusa
Municipal Code.
PASSED,APPROVED AND ADOPTED this 3`u Febru ,2003.
nstina Cruz-Madrid,MAYOR
T•
Vera Mendoza,CITY CLERK
I HEREBY CERTIFY that the foregoing Resolution No.03-C9 was duly adopted by
the City Council of the City of Azusa at a regular meeting thereof,held on this 3`a day of
February ,by the following vote of the Council: '
AYES: COUNCILMEMBERS: Hardison, Stanford, Rocha, Chagnon.
NOES: COUNCILMEMBERS: Madrid
ABSENT: COUNCILMEMBERS: None ,
ABS � It
NMBERS: None
City Clerk U
APPROVED AS TO FORM
n �
ityAttorney -
Exhibit A - Conditions of Approval
Exhibit "A" —2/4/03 Final Version
Case No: GPA 2002-03, Z 2002-03, SP-6, VTTM 54057
Address: 18331 E. Foothill Boulevard
A.P.N.: Within the City of Azusa — 8608-003-001, 8608-003-002, 8608-003-005,
8608-003-006, 8625-004-007, 8625-004-012, 8625-029-006, 8684-022-
012
Within Azusa's Sphere of Influence — 8625-002-002, 8625-004-129,
8625-005-018, 8684-024-042, 8608-003-003, 8625-001-001, 8625-004-
130, 8625-005-014, 8625-005-019, 8625-008-001, 8625-008-005, 8625-
009-001, 8625-009-012, 8625-010-008, 8625-029-005, 8684-024-003,
8684-024-039, 8684-024-041, 8684-024-043
Pro'ect: Monrovia Nursery
Note: All references to Applicant includes successors or assigns
ALL OF THE FOLLOWING CONDITIONS SHALL BE MET, INCLUDING BUT
NOT LIMITED TO:
1. SPECIFIC PLAN EDITS
Landowner and/or master developer shall make the following edits to the
Monrovia Nursery Specific Plan for City staff's review and concurrence
immediately following project approval:
(1) Incorporate the edits presented in Exhibit"C," dated December 10, 2002.
(2) Revise the Circulation Plan to include a discussion of bus service, feasible
bus routes, and amenities for riders (i.e. benches, kiosks, shade covers).
(3) Edit the Monrovia Nursery Specific Plan to consolidate Specific Plan
implementation provisions into one section.
(4) Add a provision that lot width shall be measured at the front yard setback
building line.
(5) Add a provision that the minimum lot width in the Park Neighborhoods
shall be no less than 45 feet and in any particular 4000 block, which is a
grouping of adjacent lots in the same 4000 square feet land use category of
the Park Neighborhoods, the number of lots less than 50 feet wide cannot
exceed the number of lots 50 feet wide and greater.
(6) Add a provision that at least one of the floor plans used in any particular
block in the 4000 square foot land use category of the Park Neighborhoods
with lots less than 50 feet wide shall have a deep recessed garage floor
plan.
(7) Add a provision that 50% of the acreage in the Village Core and 100% of
the units in the Garden Court Neighborhoods shall be single-family
detached product.
(8) Add provisions that the maximum density in the Transit Neighborhood
shall not exceed 25 dwelling units per acre, lowering the density from 25
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to 21 units per acre for the "Great Park" neighborhood, and reducing the
density for attached area of the Village Core from 18 to. 15 units per acre.
(9) Add a provision that all dwelling units shall have two or more bedrooms,
or more than 1200 square feet to allow for lofts.
(10) Edit the Specific Plan Promenade Zoning exhibit on Page 40 to allow for
Building Types 1, 2, and 3 on the block south of the Promenade, in the
Transit Neighborhood, between the two architectural focal points, to allow
for additional retail/commercial development if market conditions permit.
(11) Modify the neighborhood boundaries diagram in Chapter 2 of the Specific
Plan to show more precise boundaries so that all residential lots are
included within a particular neighborhood.
(12) Reformat the Specific Plan to only change the organization of the Plan and
not the content, to be more consistent with the City's future development
code.
(13) Add language to the Specific Plan to encourage construction of one-story
units and/or master bedroom downstairs floor plans, as market conditions
permit.
(14) Edit the Specific Plan to prohibit rolled curbs.
(15) On Page 82, second column, delete the last sentence of the third
paragraph. This sentence states, "Furthermore, the potential water demand
in the City's system could decline from 1,095 acre-feet per year from
existing water meter connections to 570 acre-feet."
(16) On Page 82, third column, last paragraph, delete the last three sentences or
add the following language as a last sentence to the existing paragraph
"The storage capacities referenced in the preceding three sentences are
subject to change following review of the project demands by Azusa Light
& Water."
(17) Edit Page 82, fourth column, last paragraph to read: Add the following
language as a last sentence to the existing paragraph: "The storage
capacities referenced in this paragraph are subject to change following
review of the project demands by Azusa Light & Water."
(18) Edit Page 92, fourth column, last paragraph. "Therefore, for domestic use
and emergency purposes, the project site has access to maximum 22 MG
of stored water at reservoir HWL and 6 active wells with a production
capacity of 21.0 MG per day."
(19) Edit Page 93, first column, first table to read:
Reservoir Site Ca acit
Beatty Reservoir 1.2 mg
Nursery Expansion Reservoir 3.3 mg
Nursery Reservoir 3.0 mg
Mountain Cove Reservoir 1.0 mg
Heck Reservoir 4.0 mg
Sierra Madre Reservoir 1.5 mg
Dalton Reservoir 2.0 mg
Hilltop Reservoir 0.6 mg
South Reservoir 2.5 mg
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North Reservoir 3.0 mg
Total 22.1 mg
The reservoir capacities listed above are at maximum HWL. The
capacities of Beatty Reservoir and Nursery Expansion Reservoir are
proposed, subject to final approval by AWL.
(20) A section shall be added to the Specific Plan providing detail regarding the
maintenance responsibilities of the various, private and public facilities
contemplated in the Plan, including, but not limited to, hillside open space,
graded/landscaped slopes, parks, trails, medians, community open space,
the Arroyo, streets, storm drain facilities, sewers street lights, etc.
(21) All references to extension of Cerritos Avenue shall be deleted.
(22) The maximum number of dwelling units is 1,250.
THE FOLLOWING CONDITIONS ARE THE RESPONSIBILITY OF THE
LANDOWNER AND/OR MASTER DEVELOPER:
2. LANDOWNER AND/OR MASTER DEVELOPER
Those conditions of approval that require performance by the "landowner" and/or
"master developer" shall be performed by the landowner, Monrovia Nursery
Company (or its successor) as the owner of the entire property, and/or any
developer designated by such landowner to act as the master developer of the
entire property.
3. MAPS FOR FINANCING AND/OR CONVEYANCE PURPOSES
Those conditions of approval that refer to "map(s) for financing and/or
conveyance purposes only" shall be deemed to refer to the recordation of
subdivision map(s) to create parcelization of the property solely for financing
purposes or for conveyance to third party developers and/or builders and shall
expressly not allow development or construction.
4. DEVELOPMENT AND INFRASTRUCTURE PHASING PLAN
Prior to recordation of a subdivision map (including a map(s) for conveyance
purposes only, but excluding a map(s) for financing purposes only), the
landowner and/or the master developer shall submit a Development and
Infrastructure Phasing Plan to the Community Development Director and City
Engineer for review and approval. The Development and Infrastructure Phasing
Plan shall specify the conceptual parcelization of the property proposed for
conveyance to third party developers and/or builders and shall present a
comprehensive list of the conditions of approval that pertain to the development
of each such parcel, including the allocation of responsibilities relative to the
installation and financing of on-site and off-site infrastructure requirements. Prior
to the conveyance of any such parcel, the landowner shall provide evidence to the
Community Development Director that the purchaser has acknowledged in
writing the receipt and acceptance of the Development and Infrastructure Phasing
Plan and those responsibilities applicable to the parcel(s) to be conveyed.
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5. PROJECT IMPACT SENSITIVITY EVALUATION
Prior to recordation of a subdivision map (except for a map(s) for financing
and/or conveyance purposes only), the Landowner and/or Master Developer shall
conduct a Project Impact Sensitivity Evaluation to determine the level of
development and number of dwelling units that trigger the timing for
implementation of the circulation improvements identified in the project EIR
(Transportation and Traffic, TTI through TT16). Based on the Sensitivity
Evaluation, an agreement with the City of Azusa shall be executed on the timing
of such improvements and/or payment of fees in lieu of improvements. Said
evaluation and agreement shall be in a manner meeting approval of the City
Engineer.
6. STEIN LANE TRAFFIC IMPROVEMENTS.
The Project Impact Sensitivity Evaluation shall also evaluate whether a traffic
signal at Stein Lane is warranted or whether equivalent mitigation is more
appropriate, such as opening Eighth St. If a traffic signal is installed at Stein Lane
and Foothill Boulevard, the traffic signals on Foothill Boulevard between the
intersections of San Gabriel Avenue and Alosta Avenue shall be synchronized.
7. BUS CIRCULATION PLAN
Prior to recordation of the first subdivision map (except for a map(s) for financing
and/or conveyance purposes only), landowner and/or master developer shall
obtain approval from the City Engineer of a bus circulation plan. Said plan shall
include amenities such as benches, kiosks and shade covers.
8. MAINTENANCE RESPONSIBILITY PLAN
Prior to recordation of the first subdivision map (except for a map(s) for financing
and/or conveyance purposes only), the landowner and/or master developer shall
prepare a Maintenance Responsibility Plan identifying the maintenance
responsibilities of the various private and public facilities, including but not
limited to hillside open space, landscaped slopes, parks, trails, medians,
community open space, detention basins, arroyo, streets, and utilities. Said plan
shall be reviewed and approved by the Community Development Director and the
City Engineer. Responsibility for maintenance shall include one, or a
combination of the following: the City of Azusa, Community Facilities District(s),
Landscaping and Lighting District(s), Special Assessment District(s),
Homeowners Association(s), and/or any other appropriate mechanisms.
9. FISCAL IMPACT MITIGATION
Prior to recordation of a subdivision map (except maps for financing and
conveyance purposes only), the landowner and/or master developer shall enter
into an agreement (Development Agreement or other separate agreement) with the
City committing to fund the maintenance of the ongoing usefulness of the parks,
open space, and/or streets through a Community Facilities District (CFD),
Homeowners Association, Maintenance District, Landscaping and Lighting
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Maintenance District (LLMD) or by other means in order to achieve a perpetual
neutral fiscal impact identified in the City's Fiscal Impact Analysis. The Fiscal
Impact Analysis dated November 2002 will be updated with project parameters as
approved (ie total number of units, attached vs. detached, etc.) Sufficient reserves
shall be provided within these measures to provide for maintaining the usefulness
of the facilities through repair, replacement, and reconstruction.
10. PUBLIC PARK DEDICATION (PART A)
Prior to recordation of a subdivision map (except maps for financing and
conveyance purposes), landowner and/or master developer shall submit a
preliminary concept plan of the proposed public recreation facilities to the City of
Azusa Recreation and Parks Division, Parks Commission and Architectural
Barriers Commission for review and approval. The Park Development Plan shall
provide details of the specific design and development of all parks in the project,
including where appropriate, landscaping, access, parking, restrooms, electrical
outlets, lighting, shade structures, sports facilities, play equipment, other
amenities, etc. In particular, Siena Madre Trail shall include rest area benches
where appropriate.
11. PUBLIC AREA LANDSCAPING(PART A)
All public area landscaping including the arroyo, manufactured slopes, parkways,
and medians shall be landscaped, equipped for irrigation, and improved in
accordance with an approved plan as stated below:
Preliminary Plan - Prior to the recordation of a subdivision map (except for a
map(s) for financing and/or conveyance purposes only), the landowner and/or
master developer shall prepare a preliminary landscape plan showing major plant
materials, sizes, locations, landscaping themes, hardscape, lighting, and a
preliminary cost and quantity estimate for constructing such improvements. The
landscape plan shall address the goal of maintaining Palm Drive as a palm-lined
street, consistent with the original configuration, over the long-term. The
preliminary plan and cost estimates shall be reviewed and approved by the
Community Development Director and Public Works Director.
12. WATER AGREEMENTS
Prior to recordation of a subdivision map (except for a map(s) for financing
and/or conveyance purposes only), the landowner and/or master developer shall
enter into an agreement with Azusa Light and Water regarding the dedication of
water rights, connection fees, annexation fees, equitable share of furnishing and
installation of improvements and disposition of existing improvements and
easements.
13. TREE PRESERVATION PLAN
Prior to the recordation of a subdivision map (except for a map(s) for financing
and/or conveyance purposes only) or the issuance of grading permits, whichever
occurs first, the landowner and/or master developer shall submit a landscape and
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tree preservation plan to the Planning Division for review and approval. Said
plans shall address Mitigation Measures BR5 and BR6 of project EIR. Prior to
the recordation of a subdivision map or issuance of any grading permits, the
Planning Division shall approve the tree preservation plan.
14. MASTER PLAN OF DRAINAGE
Prior to the recordation of a subdivision map (except maps for financing and
conveyance purposes only), or issuance of any grading permit, the landowner
and/or master developer shall prepare a Runoff Management Plan in a manner
meeting the approval of the City Engineer in consultation with City of Glendora
and Los Angeles County Flood Control District. Said plan shall include
identifying areas to receive nuisance flow from developed areas consistent with
mitigation measure BR3 of the project EIR.
15. MASTER SEWER PLAN
A. Prior to issuance of a grading permit, landownerhnaster developer shall
prepare a Master Sewer Plan identifying the estimated sewer generation
from the project, preliminary sewer line sizes, connection points to
existing sewer lines, and any offsite improvements. Said plan shall be
reviewed and approved by the City Engineer.
B. Prior to recordation of a subdivision map (except a map for financing and
conveyance purposes), landowner/master developer shall enter into an
agreement with L.A. County Sanitation District and City of Azusa on the
timing of offsite sewer improvements, required permits, responsibility for
cost of such improvements and payment of connection fees.
16. WATER MASTER PLAN
Prior to issuance of a grading permit, the landowner and/or master developer
subdivider shall prepare a water master plan for the project site identifying the
estimated water demands within each pressure zone, storage requirements,
booster stations, regulators, offsite improvements, relocations of existing
facilities, and preliminary sizing of the proposed improvements. Said plan shall
be reviewed and approved by Azusa Light and Water.
17. PALM TREE PRESERVATION
Prior to issuance of a grading permit, the landowner and/or master developer shall
prepare a Palm Tree Preservation and Maintenance Plan identifying those palm
trees along Palm Drive to be protected, those to be removed and those to be
relocated in a manner meeting approval of the Planning Division. A qualified
arborist shall determine the remaining life expectancy of the palm trees. Those
trees with a reasonable likelihood of having a useful life of 5 years or more shall
be replanted in appropriate locations consistent with the configuration of the
original Palm Drive. Those with less than five years of life will be replaced at a
ratio of at least 1:1, in the appropriate location. Approval of said plan satisfies
mitigation measure AV2 of the project EIR.
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18. COVINA CANAL (Conceptual Plan)
Prior to issuance of a grading permit, the landowner and/or master developer shall
prepare a conceptual plan for realignment and replacement of Covina Canal to an
underground conduit. Subdivider shall submit and obtain approval of the plan
from the City Engineer in consultation with the San Gabriel Water Committee
(SGWC). Said plan shall address measures to either maintain and/or temporarily
interrupt service in a manner acceptable to SGWC. This condition satisfies
Mitigation Measure WR2 of the project EIR.
THE FOLLOWING CONDITIONS ARE THE RESPONSIBILITY OF THE
LANDOWNER,MASTER DEVELOPER, SUBDIVIDER, OR BUILDER:
CONDITIONS TIED TO RECORDATION OF A SUBDIVISION MAP (EXCEPT
FOR A MAP(S) FOR FINANCING AND/OR CONVEYANCE PURPOSES
ONLY):
19. RESOURCE PRESERVATION EASEMENT
A. Prior to the recordation of a subdivision map (except for a map(s) for
financing and/or conveyance purposes only) that either includes or is
adjacent to those lots identified for preservation, the subdivider shall make
an irrevocable offer to dedicate an easement or fee title over Lots 739 and
742 through 748 for resource preservation purposes to the City of Azusa
or its designee, generally consistent with Vesting Tentative Tract Map
54057 and subject to the reservation of certain rights for the subdivider
necessary to implement the Vesting Tentative Tract Map, in a form
suitable for recordation. The subdivider shall not grant any easement(s)
over the property subject to the resource preservation easement in addition
to the easement(s) shown on Vesting Tentative Tract Map 54057 unless
such easement(s) are first reviewed and approved by the City of Azusa
Recreation and Parks Division.
B. The subdivider shall note limitations and restrictions for said easement by
a reference on the final map to a previously recorded document or by the
recordation of a separate document concurrent with the recordation of
subject map in a manner meeting the approval of the City of Azusa
Recreation and Parks Division.
20. ACCESS TO SIERRA MADRE AVENUE PARCELS
Prior to recordation of a subdivision map (except maps for financing and
conveyance purposes only) that requires re-alignment of Sierra Madre Avenue,
subdivider shall obtain approval from the City Engineer of a plan to provide
public street access to the existing parcels along Sierra Madre Avenue.
21. PUBLIC PARK DEDICATION (PART B)
B. Prior to the recordation of each subdivision map that includes a public
park lot on Lot(s) 633 - 662 (except for a map(s) for financing and/or
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conveyance purposes only), the subdivider shall make an irrevocable offer
of dedication in fee to the City of Azusa or its designee over Lot(s) 633-
662 for local park purposes, suitable for recording. Said offer shall be
consistent with the approved Runoff Management Plan and shall be free
and clear of monetary and all other encumbrances, liens, leases, fees,
easements (recorded and unrecorded), assessments and unpaid taxes,
except those meeting the approval of the City of Azusa Recreation and
Parks Division.
22. OPEN SPACE DEDICATIONS
Concurrent with the 'recordation of each applicable subdivision map, the
subdivider shall reserve open space Lots 663 —727 and Lots 735 - 738 for granting
in fee to a homeowner's association subject to the reservation of any rights
necessary for subdivider to implement the Specific Plan and Vesting Tentative
Tract Map. The Maintenance Plan included in the Monrovia Nursery Specific
Plan shall determine the party responsible for the maintenance and upkeep of each
lot in a manner meeting the approval of the Community Development Director.
23. SIERRA MADRE AVE. UNDERCROSSING
Prior to recordation of a subdivision map (except for a map(s) for financing
and/or conveyance purposes only) that includes the realignment of Sierra Madre
Boulevard, subdivider shall, in a manner meeting approval of the City Engineer.
a. Design the pedestrian undercrossing with adequate width, vertical
clearance and grades.
b. Design necessary drainage facilities for proper disposal of storm
runoff.
C. Design adequate lighting and other design elements to ensure
maximum security.
24. ASSESSMENT DISTRICT FINANCING PLAN
Prior to the recordation of a subdivision map (except for a map(s) for financing
and/or conveyance purposes only), the subdivider shall prepare any required
improvement plans and shall identify on the plans the limits of all the facilities
that the subdivider intends to fund through a Mello-Roos Community Facilities
District (CFD) or Assessment District (AD) bond program. In addition, the
improvement plans shall identify the specific CFD or AD under which the
improvements will be funded, in a manner meeting the approval of the City
Engineer and City Attorney.
25. DRAINAGE STUDY
Prior to the recordation of a subdivision map (except maps for financing and
conveyance purposes only) or prior to the issuance of any grading permits,
whichever comes first, the following drainage studies shall be submitted to and
approved by the City Engineer in consultation with City of Glendora and Los
Angeles County Flood Control District.
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1) A drainage study of the subdivision including,diversions, off-site
areas that drain onto and/or through the subdivision, and
justification of any diversions; and
2) When applicable, a drainage study evidencing that proposed
drainage patterns will not overload existing storm drains; and
3) Detailed drainage studies indicating how the tract map grading, in
conjunction with the drainage conveyance systems including
applicable swales channels, street flows, catch basins, storm drains,
and flood water retarding, will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all
storms up to and including the 50-year project storm event.
26. DRAINAGE IMPROVEMENTS (PART A)
A. Prior to the recordation of a subdivision map (except maps for financing
and conveyance purposes only) the applicant shall in a manner meeting
the approval of the City Engineer:
1) Design provisions for surface drainage; and
2) Design all necessary storm drain facilities extending to a
satisfactory point of disposal for the proper control and disposal of
storm runoff; and
3) Dedicate the associated easements and/or-facilities to the County
of Los Angeles, if determined necessary.
27. PUBLIC IMPROVEMENTS
Prior to recordation of a subdivision map (except maps for financing and
conveyance purposes only) the City Engineer shall approve the final design of the
roundabouts proposed on Sierra Madre Avenue.
28. FIRE HYDRANTS (PART D)
D. Prior to recordation of a subdivision map (except maps for financing or
conveyance purposes), subdivider shall pay fire development impact 'fees
or dedicate land for a new fire station in lieu of fees in a manner meeting
the approval of the City Engineer. This condition satisfies Mitigation
Measure PSI of the project EIR.
29. FIRE ACCESS ROADS (PART A)
A. Residential: Prior to recordation of a subdivision map other than for
finance purposes, the applicant shall obtain approval of the Fire Chief for
all fire protection access easements and shall dedicate them to the City.
30. WATER RIGHTS
Prior to recordation of a subdivision map (except a map(s) for financing and/or
conveyance purposes only) Monrovia Nursery shall enter into good faith
negotiations with ALW regarding the dedication to ALW of the water rights
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necessary to provide the water to supply the water demand generated by the
development project.
31. DALTON SCHOOL STUDENT DROP-OFF
Prior to recordation of any subdivision map for land located adjacent to Dalton
Elementary School (except for map(s) for financing and/or conveyance purposes
only), the subdivider shall work with the School District in creating a student
drop-off area onsite at Dalton School.
32. TENTH STREET EXTENSION
In order to address residents'concern for Dalton School pedestrian safety and
limit new traffic through the existing neighborhood Tenth Street, the landowner
and/or master developer shall submit to the City Engineer proposed design
options for a Tenth Street extension. These shall be formulated in concert with
the project traffic consultant, addressing such measures as accommodating a
student drop-off area on Dalton School property, in conjunction with the School
District, as well as options for limiting through traffic, such as allowing only
eastbound traffic. Final design of a 10th Street extension shall be approved by the
City Engineer.
33. SCHOOL AND GREAT PARK AGREEMENTS
Prior to the approval of a final map (except a map for conveyance and/or
financing purposes), the landowner and/or master developer shall execute:
A. A Memorandum of Understanding with the Azusa Unified School District,
agreeing to certain school/park construction matters, including(1)the
dedication to the District of a 12.5 acre site, comprised of a 9- acre school
site and 3.5 acres for a joint use park with the City, (2)specifying the
timing for the design, construction and delivery to the District of the K-8
School, and(3)referencing a Joint Use Agreement to be executed between
the District and the City, determining the nature,use and operation,
parking, park improvements and maintenance responsibilities for the joint
use park; and
B. An agreement with the City providing for(1) the dedication to the City of
a 2-acre park site contiguous to the District's joint use park property to be
jointly used as the "Great Park"; and (2) that, in the event that the District
requires the use of the District's 3.5-acre joint use park property for
expansion of the K-8 School (after utilizing all of the 9-acre school site
and based on enrollment generated by the Specific Plan area), Monrovia
Nursery Company will dedicate to the City the 3.2-acre Vosburg House
parcel as replacement park land, and shall prepare and submit to the City
Recreation and Parks Division a proposed Park Development Concept
Plan to integrate the Vosburg House property into the existing City park
land.
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34. MEMORANDUM OF UNDERSTANDING WITH CITY OF GLENDORA
Prior to recordation of a subdivision map (except for a map(s) for financing
and/or conveyance purposes only), the landowner and/or master developer shall
enter into a Memorandum of Understanding with the City of Glendora governing
the design and installation of the following detention basins: (1) a temporary basin
not exceeding a capacity of 15 acre feet installed concurrent with the first phase of
grading in a location northeast of the existing terminus of North Calera, reducing
the existing peak flow rate in a 50 year storm event to 25 % of the existing peak
flow. This detention basin may be removed and/or replaced subject to further
review and approval of an alternative solution. (2) A basin in Area D with a
maximum peak flow release in a 50-year storm event not exceeding 40 cfs. Both
detention basins shall be designed so as not to increase the existing peak runoff or
to cause new impacts associated with any existing high groundwater conditions."
35. STREET NAMING PLAN
Prior to approval of a final map (except maps for financing or conveyance
purposes),the subdivider shall submit a street naming plan that is developed in
concert with a committee formed by the City to designate street names.
36. BARRANCA AVEBENNETT AVE AND BARRANCA AVE/LEADORA AVE
Prior to the issuance of a subdivision map (except for a map(s) for financing
and/or conveyance purposes only),the landowner and/or master developer shall
analyze, consistent with the documentation and methodology presented in the
Monrovia Nursery Specific Plan Draft EIR, the existing and projected future
(2010)performance of the following two intersections: Barranca Avenue/Bennett
Avenue and Barranca Avenue/Leadora Avenue. For purposes of this analysis
only, the Monrovia Nursery Specific Plan project would be deemed.to cause a
potential impact if in the future (2010) condition (as projected) the project would
generate a greater than two percent increase in the Intersection Capacity
Utilization(ICU) of either intersection for Level of Service (LOS) D or worse. If
under this criteria and analysis, the Monrovia Nursery Specific Plan project is
deemed to cause a potential impact, the landowner and/or master developer shall
pay its fair-share contribution to the City of Glendora toward the cost of
signalizing the particular affected intersection.
CONDITIONS REQUIRED PRIOR TO PRECISE PLAN OF DESIGN
APPROVAL:
37. PARKING DEMAND STUDY
Prior to approval of a Precise Plan of Design for lots 616 through 624, the
subdivider shall prepare a Parking Demand Study demonstrating that the use of
tandem parking will not have a negative impact on on-street parking availability
on land uses adjacent to the Transit Neighborhood. Said plan shall be reviewed
and approved by the Community Development Director.
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38. LIGHT RAIL TRANSIT STATION PARKING
Prior to approval of a Precise Plan of Design for lot 623, subdivider shall prepare
a parking study defining the amount of parking needed for the future Light Rail
Transit Station. The amount of land needed over lot 623 for said parking, which
shall not exceed 1.0 acre, shall be held in reserve, which allows for interim or
non-permanent use of the property consistent with the Specific Plan, for seven
years following approval of the Vesting Tentative Tract Map 54057. After seven
years, if either the Pasadena Blue Line Construction Authority has not approved
the location of a Light Rail Transit Station on lot 623 or the Pasadena Blue Line
Construction Authority has not secured sufficient funding to extend the Gold Line
to Lot 623; the land held in reserve shall revert back to the zoning defined with
the approved Specific Plan and this condition shall be deemed released.
34. PRIVATE COMMON AREA
A. LANDSCAPING(PART A)
In conjunction with each precise plan of design, for a particular area of the
project site containing private common area landscaping, the subdivider
shall prepare a detailed landscape plan for privately maintained common
areas. The plan shall be prepared by a licensed landscape architect or a
licensed landscape contractor, in substantial conformance with the
approved preliminary landscape plan (if any), City Standard Plans, and
Monrovia Nursery Specific Plan requirements.
B. PRIVATE RECREATION FACILITIES (PART B)
If a private recreation facility in the Village Core (such as a health club) is
developed, membership shall be open to Azusa residents contingent on
meeting membership requirements established by the facility.
40. ON-STREET PARKING MANAGEMENT PLAN
In conjunction with each Precise Plan of Design, the applicant shall submit an on-
street parking management plan for consideration and implementation as part of
the approval of said Precise Plan of Design. This will include consideration of the
institution of an overnight parking permit program for the Park Neighborhoods
and southern portion of the Promenade.
CONDITIONS REQUIRED PRIOR TO GRADING PERMIT ISSUANCE:
41. PRECISE PLAN OF DESIGN
Prior to approval of a precise grading permit for any portion of the Nursery
property, a Precise Plan of Design for that area shall be reviewed and approved by
Staff. Said plan may be subject to additional conditions of approval only as they
relate to conformance with the Monrovia Nursery Specific Plan.
42. GRADE SEPARATIONS AT CITRUS AND PALM
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Prior to issuance of a grading.permit or recordation of the first subdivision map
(except for a map(s) for financing and/or conveyance purposes only), subdivider
shall submit and obtain approval from the Community Development Director for
a "Substantial Conformance Vesting Tentative Tract Map" depicting grade
separations at Citrus Avenue and Palm Drive. The City's preferred configuration
of grade-separation is the railroad tracks raised five to seven feet and lowering of
Palm Drive and Citrus Avenue beneath the tracks. Approval of said map satisfies
mitigation measure N8 (a) (b) (c) of the project EIR. Grade separated crossings
shall be designed with altemative design standards, subject to approval by the
City Engineer, to minimize impacts of the crossings on surrounding properties
and resources.
43. ANNEXATION
Prior to issuance of grading permits for those areas in Azusa's Sphere of
Influence, the subdivider shall demonstrate approval by LAFCO of the annexation
of all Los Angeles County territory within the Specific Plan boundaries into the
City of Azusa.
44. SUBSTANTIAL CONFORMANCE MAP
Prior to issuance of a grading permit, subdivider shall submit and obtain approval
of a "Substantial Conformance Vesting Tentative Tract Map" from the
Community Development Director that reflects:
a. Continuation/reconstruction of the Garcia trail at the Beatty water
tanks.
b. Cross section for lots 587, 588 and 589.
C. Adjustment to Lots 372, 373 and 374 to have minimum 4,000 sq.ft.
lot size.
d. Any necessary revisions to the land plan pertaining to the size and
configuration of the school site and joint use park.
e. Orientation of street cross sections.
f. Revision to the General Information legend on the TM as follows:
existing zoning R1-10, RA; proposed zoning SP-6
g. A link from the Arroyo hiking trail to the Garcia Trail.
It. Street section adjacent to school (A) showing one sidewalk and
parkway adjacent to the school.
i. Street V with sidewalks and parkways both sides.
j. Street sections D, E, J, L-T, V, W, AC-AP, AR, and AS with a
right-of-way of 54 ft., with 32 ft. curb to curb, 5 ft. sidewalks, and
6 ft. parkways.
k. Minimum 5 ft. wide sidewalks provided the City adopts more
narrow street sections than the Los Angeles County Fire
Department standards.
1. Street frontage for the proposed park lot 649 provided that Azusa
Light and Water agrees to trade the property it owns for the
nursery reservoir site to the landowner and/or master developer
without any fee consideration.
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M. Redesign of Palm Drive north of the railroad tracks to provide two,
14-foot wide travel lanes separated by an 8-foot wide median.
n. Demonstrate that no lot within the 4,000 square foot land use
category shall have a width less than 45 feet measured at the front
building setback line. Said map shall also demonstrate that in any
particular 4000 block, which is a grouping of adjacent lots in the
same 4000 square foot• land use category of the Park
Neighborhoods, the number of lots less than 50 feet wide cannot
exceed the number of lots 50 feet wide and greater.
o. Depict grade separated railroad crossings at Pahn Drive and Citrus
Avenue.
P. Realign the Promenade Street east of Palm Drive further north to
accommodate grade separated railroad crossings at Palm Drive and
Citrus Avenue.
q. Realign Street I or revise the grading plan to avoid impacts to the
existing pool associated with the Vosburg House.
r. Depict access location to the expanded Fire Station parcel (Lot
753) in such a manner that access is not provided directly from the
roundabout.
S. Construct physical connection from Pioneer Park to Sierra Madre
Trail.
45. WATER IMPROVEMENTS—VISUAL IMPACTS ASSESSMENT
Prior to issuance of a grading permit, the landowner and/or master developer shall
obtain approval from the Planning Division of a Visual Impacts Plan for
installation of reservoirs, booster stations, regulators and other visible water
facilities. Said plan shall include the information needed to satisfy mitigatiori
measure AV 1 of the project EIR.
46. MUNNS ACCESS
A. Prior to the issuance of a grading permit, subdivider shall demonstrate to
the City Engineer and easement holder that access shall be maintained to
the Munns property during construction activities.
B. Prior to issuance of a grading permit, subdivider shall demonstrate to the
City Engineer that the proposed grading preserves or replaces the existing
alignment of the Munns access easement.
47. MONROVIA NURSERY OFFICES AND DHAMMAKAYA ACCESS
Prior to issuance of a grading permit, subdivider shall demonstrate to the City
Engineer and to the easement holders that access will be maintained to the
Dhammakaya International Meditation Center and the Monrovia Nursery
Company offices during construction.
48. MONROVIA NURSERY OFFICES AND DHAMMAKAYA UTILITIES
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Prior to the issuance of a grading permit, subdivider shall demonstrate to the City
Engineer and to the landowners that existing utility service will be maintained or
alternate utility service will be provided to the Monrovia Nursery Offices and the
Dhammakaya International Meditation Center during construction.
49. CONSTRUCTION ACCESS
Prior to issuance of a grading permit, landowner and/or master developer shall
prepare a construction access plan identifying the routes acceptable for
construction access and the time of day construction access may occur, in a
manner acceptable the City Engineer. This condition satisfies Mitigation Measure
N-1.
50. SIGHT DISTANCE
Prior to the issuance of any grading permits, the applicant shall demonstrate that
adequate sight distance will occur at all street intersections per City requirements,
in a manner meeting the approval of the City Engineer. This includes any
necessary revisions to the plan such as removing slopes or other encroachments
from the limited use area.
51. HAZARDOUS MATERIALS ASSESSMENT
Prior to issuance of a grading permit, subdivider shall prepare a Hazardous
Materials Assessment for those issues identified in mitigation measures HMI
through HM4 inclusive, in the project EIR. Said assessment shall also include an
evaluation of any existing septic tanks and soil conditions located near the future
school site, and an assessment of Building 13 in Division 7. Said assessment shall
address any necessary remediation measures. If required, remediation measures
shall be implemented in accordance with applicable laws and procedures, in a
manner meeting approval of the Building Official.
52. CULTURAL HERITAGE
Before the site is disturbed, the Applicant is required, with guidance of the
Architectural historian referenced in Condition#55, to videotape and take still
photographs of the project site in its entirety in order to document the existing
conditions for future reference.
53. ARCHAEOLOGY GRADING OBSERVATION AND SALVAGE
Prior to the issuance of any grading permit, the subdivider shall provide written
evidence to the Community Development Director that a City-certified
archaeologist and Native American monitor has been retained, shall be present at
the pre-grading conference, shall establish procedures for archaeological resource
surveillance, in conformance with EIR mitigation measures for cultural resources,
CR1 through CR14, shall be present during initial site disturbance and grading as
necessary, and shall establish, in cooperation with the project developer,
procedures for temporarily halting or redirecting work to permit the sampling,
identification, and evaluation of the artifacts as appropriate. If the archaeological
resources are found to be significant, the archaeological observer shall determine
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appropriate actions, in cooperation with the project developer, for exploration
and/or salvage. The archaeologist shall notify the City Manager within 24 hours,
who will in turn notify the Community Development Director and the Cultural
and Historic Preservation Commission, and shall submit a follow-up report, which
shall include the period of inspection, an analysis of any artifacts found and the
present repository of the artifacts. Excavated finds shall be offered to the City of
Azusa, or designee, on a first refusal basis.
54. PALEONTOLOGY RESOURCE SURVEILLANCE.
Prior to the issuance of any grading permit, the subdivider shall provide written
evidence to the Cultural and Historic Preservation Commission and Community
Development Director that a City-certified paleontologist has been retained to
observe grading activities and salvage and catalogue fossils as necessary. The
paleontologist shall be present at the pre-grading conference, shall establish
procedures for paleontological resource surveillance, shall be present during
initial site disturbance and grading as necessary, and shall establish, in
cooperation with the project developer, procedures for temporarily halting or
redirecting work to permit sampling, identification, and evaluation of the fossils.
If major paleontological resources are discovered, the paleontologist shall
determine appropriate actions, in cooperation with the project developer, which
ensure proper exploration and/or salvage. Excavated finds shall be offered to the
City of Azusa, or its designee, on a first-refusal basis. The paleontologist shall
submit a follow-up report to the Cultural and Historic Preservation Commission
and Community Development Director, which shall include the period of
inspection, an analysis of any artifacts found and the present repository of the
artifacts. Excavated finds shall be offered to the City of Azusa, or designee, on a
first refusal basis.
55. ARCHITECTURAL HISTORIAN
The architectural historian required as part of the mitigation in Cultural Resources
Section 4.3 of the EIR will research the date the palms were planted along Palm
Drive and the date the Vosburg House was constructed. In addition, the
architectural historian will evaluate eligibility of the main estate homes, the
MacNeil summer residence, the Vosburg ranch home, Palm Drive and possible
other features that were part of the original ranch properties as a historic district
for further consideration by the Historical Commission.
56. GATE PRESERVATION
Prior to issuance of a grading permit, subdivider shall prepare a study to evaluate
the practicality of preserving the existing entry gate on Palm Drive in place. If
preservation conflicts with traffic safety, subdivider shall evaluate alternatives for
relocation of said gate in a manner meeting approval of the Community
Development Director and Historical Commission. Approval of said study
satisfies Mitigation Measures CR2 of the project EIR.
57. LANDFILL
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Prior to the issuance of grading permits for the area where the closed landfill is
currently located, the subdivider shall demonstrate that necessary permits have
been obtained from the appropriate regulatory agencies and complied with to the
extent that land disturbance in the area of the former landfill would be authorized.
This condition satisfies Mitigation Measure HM6 of the project EIR.
58. FAIRMOUNT CEMETERY
A. Prior to issuance of a grading permit, subdivider shall demonstrate the
proposed grading will not encroach onto the cemetery property, unless the
Fairmount Cemetery grants approval for buttress fill grading on cemetery
property. Grading plan shall include measures to stabilize the grades
along the westerly bounday of the cemetery in a manner meeting the
approval of the Building Official.
B. The subdivider and/or the Monrovia Nursery Company shall continue to
provide access to the southeast entry to the cemetery.
C. The Applicant shall execute an agreement with the Cemetery for the
foregoing.
59. SUBDRAINS
Prior to issuance of a grading permit, subdivider shall perform additional
geotechnical investigations to conclusively determine the presence and necessary
improvements to remove perched groundwater in the vicinity of Lots 334 through
346. Said investigations shall be reviewed by the City of Glendora prior to
acceptance by the City Engineer. This condition satisfies Mitigation Measure
WRl of the project EIR.
60. GEOLOGY REPORT
Prior to the issuance of a grading permit, the subdivider shall submit a
geotechnical report to the City Engineer for approval. Said report shall address
Mitigation Measures GSI through GS21 inclusive, of project EIR.
61. REMEDIAL GRADING
Following the acceptance of a geotechnical report as referenced in Condition #60
for all or a portion of the project site, subdivider may submit a remedial grading
plan for approval by the City Engineer prior to implementation of those
conditions timed to issuance of grading permits provided no conflicts with other
conditions occur.
62. GRADING DEVIATION
Prior to the issuance of any grading permits, if the applicant submits a grading
plan and the City Engineer determines that it shows a significant deviation from
the grading on the approved tentative tract map, specifically with regard to slope
heights, slope ratios, and pad elevations and configuration, the plan shall be
reviewed by the City Engineer for a finding of substantial conformance.
63. OFFSITE AND CROSS-LOT GRADING/DRAINAGE
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Prior to the issuance of any grading permit, if determined necessary by the City
Engineer, a letter of consent, in a form approved by the City Engineer, suitable for
recording, shall be obtained from the affected property owners for offsite grading
and/or drainage. The landowner/master developer shall record said letters of
consent for offsite drainage and/or cross-lot drainage prior to the issuance of any
grading permit. Acceptance of cross-lot drainage on lots within the tract/parcel
map boundaries shall be noted on the recorded map.
64. JURISDICTIONAL IMPACTS
Prior to impacts to jurisdicational waters of the U.S. and State, subdivider shall
submit evidence of approvals from Army Corps of Engineers and California
Department of Fish and Game for impacts to jurisdictional areas as described in
Mitigation Measures BRI, BR2, BR4 and BR7 of the project EIR, in a manner
meeting approval of the Community Development Director.
65. VECTOR CONTROL MEASURES
Prior to the issuance of any grading permits, the subdivider shall provide evidence
to the City Engineer that appropriate vector control measures have been
incorporated into the grading specifications.
66. AIR QUALITY/DUST REDUCTION
Subdivider shall comply with the South Coast Air Quality Management District
(AQMD) Rule 403 during grading activities including the following:
1) Electricity shall be supplied from temporary power poles rather
than from temporary diesel or gasoline powered generators.
2) Non-toxic soil stabilizers shall be applied according to
manufacturer's specification to all inactive construction areas (i.e.,
previously graded areas inactive for ten (10) working days or
more).
3) In disturbed areas, ground cover should be replaced as quickly as
possible.
4) Enclose, cover, water twice daily (or more if needed), or apply
non-toxic soil binders according to manufacturer's specification to
exposed piles (i.e., gravel, sand and dirt) with silt content of 5
percent or greater.
5) Water active sites twice daily(or more if needed).
6) Suspend all excavating and grading operations when wind speeds
exceed 25 mph and water active sites to minimize dust.
7) All trucks hauling dirt, sand, soil, or other loose materials should
be covered or should maintain at least two feet of freeboard (i.e.,
minimum vertical distance between top of the load and the top of
the trailer) in accordance with the requirements of California
Vehicle Code (CVC) Section 23114.
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8) Sweep streets at the end of the day (or more if needed) if visible
soil material is carried onto adjacent public paved roads
(recommended water sweepers with reclaimed water).
9) Install wheel washers where vehicles enter and exit unpaved roads
onto paved roads, or wash off trucks and any equipment leaving
the project site.
10) Apply water three times daily, non-toxic soil stabilizers according
to manufacturer's specification to all unpaved roads, and parking
or staging areas.
11) Pave or gravel construction roads that have a traffic volume of
more than 50 daily trips by construction equipment, 150 total daily
trips for all vehicles.
12) Pave all construction access roads at least 100 feet onto the site
from the main road.
13) Post on a large sign the name and telephone number of a contact
person to address construction matters.
67. RESIDENTIAL NOISE(PART A)
A. Prior to the issuance of grading permits, the subdivider shall submit an
acoustical analysis report to the Building Division for approval. The report
shall describe in detail the exterior noise environment. Acoustical design
features to achieve interior noise standards may be included in the report
in which case it may also satisfy condition#83 below.
68. CONSTRUCTION NOISE
A. Prior to the issuance of any grading permits, the project proponent shall
produce evidence acceptable to the City Engineer that:
1) All properties within 500 feet of the construction site shall
be sent a notice regarding the construction schedule of the
proposed project.
2) All construction vehicles or equipment, fixed or mobile,
operated within 1,000 feet of a sensitive receptor shall be
equipped with properly operating and maintained mufflers.
3) The site grading has achieved a theoretical balance of cuts
and fills and import or export of material has been
minimized.
4) Stockpiling and/or vehicle staging areas shall occur at least
300 feet or as far as practicable from dwellings and
sensitive receptors.
5) Noise generated by construction equipment shall not
exceed 85 dBA at a distance of 100 feet from the operating
equipment. Construction activity shall not occur between
the hours of 6:00 p.m. of one day and 7:00 a.m. of the next
day, Monday through Saturday. On Saturdays, no grading
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equipment shall operate within 500 feet of sensitive
receptors.
6) If grading equipment will operate more than three
consecutive work days within 100 feet of sensitive receptor
structures, such as residential structures, Dalton Elementary
School, Azusa Pacific University, and/or the Dhammakaya
International Meditation Center, temporary noise walls at
least 12 feet high shall be constructed between the
construction activity and the sensitive receptors, unless
waived by all contiguous sensitive receptor occupants.
B. Notations on the front sheet of grading plans will be considered as
adequate evidence of compliance for issuance of a grading permit(s). A
list of sensitive receptors will be included on the front sheet of the grading
plans. Approval satisfies Mitigation Measures NI through N7 of project
EIR.
69. POLLUTANT RUNOFF
Prior to issuance of precise grading or building permits, whichever comes first,
the applicant shall submit and obtain approval from City Engineer, of a Water
Quality Management.Plan (WQMP) specifically identifying Best Management
Practices (BMPs) that will be used on-site for that area of precise grading and/or
building, to control predictable pollutant runoff. This WQMP shall identify
structural and non-structural measures, assignment of long-term maintenance
responsibilities (specifying the developer, parcel owner, maintenance association,
lessee, etc.); and, shall reference the location(s) of structural BMPs. The WQMP
will analyze those items requested in the November 13, 2002 California Regional
Water Quality Control Board letter in the context of the established performance.
70. NPDES GENERAL STORMWATER PERMIT
Prior to issuance of any grading permits, the applicant shall submit evidence to
the City Engineer that the applicant has obtained coverage under the NPDES
statewide General Stormwater Permit from the State Water Resources Control
Board. Applicant shall prepare a Storm Water Pollution Prevention Plan
(SWPPP) consistent with the City's municipal storm water permit. The SWPPP
shall include construction and post-construction best management practices. This
condition satisfies mitigation measure WR3 of the project EIR.
71. ELECTRICAL SERVICES (PARTS A&B)
A) Prior to issuance of any grading permit, the subdivider shall submit and
obtain approval of a master plan for electrical services from City of Azusa
— Azusa Light and Water. The plan shall indicate points of connection,
upgrade of existing facilities (if necessary) and show typical location of
proposed facilities within the subdivision.
B) Prior to issuance of any grading permit that impacts existing electrical
services, the subdivider shall submit evidence and obtain approval from
Azusa Light and Water that appropriate alternative facilities are available
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and/or will be installed. Costs of relocating existing electrical services
shall be at the sole expense of the applicant.
72. FIRE HYDRANTS (PART A)
A. Prior to the issuance of any grading permit, the applicant shall submit a
fire hydrant location plan for the review and approval of the Fire Chief.
73. FIRE ACCESS ROADS (PART B)
B. Residential and Commercial: Prior to issuance of any grading permits, the
applicant shall submit and obtain approval of plans for all roads, streets
and courts, public or private, from the Fire Chief in consultation with the
City Engineer. The plans shall include the plan view, sectional view, and
indicate the grade and width of the street or court measured flow line to
flow line. All proposed fire apparatus turnarounds shall be clearly marked
when a dead-end street exceeds 150 feet or when otherwise required.
Applicable CC&R's, or other approved documents, shall contain
provisions that prohibit obstructions such as speed bumps/humps, control
gates or other modifications within said easement without prior approval
of the Fire Chief.
74. FUEL MODIFICATION(PART A)
A. Prior to the issuance of a grading permit, the applicant shall obtain the
approval of the Fire Chief, in consultation with the Planning Director, of a
conceptual fuel modification plan and program. This condition satisfies
mitigation measure PS2 of the project EIR.
75. FUEL MODIFICATION(PART B)
B. Prior to the issuance of any precise grading permit, the applicant shall
obtain the approval of the Fire Chief, in consultation with the City
Engineer, of a precise fuel modification plan and program. The plan shall
indicate the proposed means of achieving an acceptable level of risk to the
structures by vegetation.
76. AIR FILTER PROGRAM
Prior to issuance of a grading permit, the Applicant will work with Staff to
establish a program for air condition filter replacement for existing sensitive
receptors within proximity to the project site.
CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE:
77. PUBLIC AREA LANDSCAPING (PART B)
All public area landscaping including the arroyo, manufactured slopes, parkways,
and medians shall be landscaped, equipped for irrigation, and- improved in
accordance with an approved plan as stated below:
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B. Detailed Plan - Prior to the issuance of any building permits(s) within a
particular recorded subdivision map that includes manufactured open
space, the subdivider shall submit a detailed landscape plan covering the
area of that subdivision map for approval by the Community Development
Director and Public Works Director. Detailed plans shall show the
detailed irrigation and landscaping design. The subdivider shall also enter
into an agreement and post financial security guaranteeing the cost of the
landscape improvements and the maintenance thereof based on the cost
and quantity estimate for constructing such improvements.
78. SIERRA MADRE AVE. RESIDENTS
Prior to issuance of a building permit for Lot 751 of the Vesting Tentative Tract
Map, subdivider shall submit a Precise Plan of Design demonstrating that the
proposed height and location of the building has minimal visual impacts to the
existing residents along Sierra Madre, in a manner acceptable to the Planning
Division. Approval of said plan satisfies Mitigation Measure AV3 of the project
EIR.
79, ASSESSMENT DISTRICT FINANCING PLAN (PARTS A& B)
A. Special Assessment District Formation
The City shall sponsor and diligently process the timely formation of any
applicable Special Assessment Districts, including Community Facilities
District(s), Landscaping and Lighting District(s), and Special Assessment
District(s).
B. Special Assessment Districts
Prior to issuance of building permits, the applicable Special Assessment
Districts (Community Facilities District(s), Lighting and Landscape
District(s), or the like) for those units shall be formed and adopted in a
manner meeting approval of the City Attorney
80. TEMPORARY POWER
Prior to issuance of a building permit, subdivider shall demonstrate temporary
electrical power will be taken from power poles in lieu of diesel power generators
in a manner meeting approval of the building official. This condition satisfies
mitigation measure AQ1 of the project ETR.
81. FIREPLACES
Prior to issuance of a building permit, the applicant shall demonstrate that gas
burning devices, such as fireplaces, are used instead of wood burning devices, in a
manner meeting approval of the Building Official. This condition satisfies
mitigation measure AQ2 of the project EIR.
82. CONSTRUCTION SECURITY PLAN
Prior to issuance of building permits, subdivder will prepare a Construction
Security Plan in consultation with Azusa Police Department to provide 24-hour
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security of the construction site, in a manner meeting approval of the Planning
Department. This condition satisfies Mitigation Measure PS3 of project EIR.
83. RESIDENTIAL NOISE (PART B)
B. Prior to the issuance of any building permits for residential construction,
the applicant shall submit an acoustical analysis report describing the
acoustical design features of the structures required to satisfy the interior
noise standards to the Building Division for approval along with
satisfactory evidence that indicates that the sound attenuation measures
specified in the approved acoustical report have been incorporated into the
design of the project.
84. ELECTRICAL FACILITIES
All electric services shall be installed underground. Design or methods of
construction shall be in accordance with specifications and requirements of Azusa
Light and Water. Subdivider shall furnish and install all electric facilities
required by Azusa Light and Water necessary to receive electric utility service.
New electric facilities may include but are not limited to concrete encased
underground conduits, vaults/manholes, transformer pads, roadway lighting, 2-
inch conduit for telecommunication purposes, and other electric related structures
required to complete all service installations.
85. ELECTRIC FACILTIES INSTALLATION
Any new transformer pads or outdoor electric panel/equipment shall be installed
in a safe location, readily accessible by utility field personnel. Prior to
construction, subdivider shall coordinate and resolve with City of Azusa-Planning
Division and Azusa Light & Water, any issues relating to visual impacts arising
from installation of outdoor above-ground electric utility equipment.
86. UTILITY-RELATED FEES
In addition to furnishing and installing underground electric substructures, the
subdivider shall pay to Azusa Light and Water, prior to issuance of building
permits, any remaining utility-related fees subject to the parameters established in
California Government Code Section 66498.1 et. seq. adjusted to reflect annual
increases in the Construction Cost Index. These fees or charges may include but
not be limited to electric equipment deposits, labor, material and overhead
expenses to famish and install underground high voltage cables, pre-payments on
new electric services,pole fixtures and hardware, etc.
87. ROADWAY LIGHTING FACILITIES
Public roadway lighting facilities within the project site shall be furnished and
installed by subdivider. Roadway lighting plans shall be prepared and submitted
to Azusa Light and Water for approval. Roadway illumination design shall be in
conformance with applicable roadway lighting standards of Los Angeles County.
The method of electric service and lighting facilities shall be in accordance with
requirements or specifications of Azusa Light and Water.
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88. PRIVATE LIGHTING FACILITIES
The subdivider shall work with City of Azusa to install street lighting system that
balances attractiveness of decorative lighting with safe roadway illumination
within project site. Private roadway lighting within the project site shall be served
from a metered electric service. Ownership, operation and maintenance of private
lighting facilities shall be at the sole cost and expense of subdivider or funded
through an appropriate assessment or maintenance district(s). Private roadway
electrical lighting plans will require approval from City of Azusa — Building
Inspector and Azusa Light & Water. Lighting plans shall be incorporated and be
made part of roadway improvement plans.
89. ELECTRIC DISTRIBUTION CIRCUITS
Monrovia Nursery project developer is required to furnish and install a minimum
of two (12kV) medium voltage underground electric distribution circuits starting
from the nearest point of connection at existing Azusa Substation. These two
circuits will be used to serve electric services at the project site.
90. FIRE HYDRANTS (PART B)
B. Prior to the issuance of a building permit, the applicant shall submit to the
Fire Chief evidence of the on-site fire hydrant system and indicate whether
it is public or private. If the system is private, the system shall be reviewed
and approved by the Fire Chief prior to issuance of the building permit.
Provisions shall be made by the applicant for the repair and maintenance
of the system, in a manner meeting the approval of the Fire Chief.
91. STREET MARKINGS (PART A)
A. Prior to the issuance of a building permit, the applicant shall submit plans
and obtain approval from the Fire Chief for fire lanes on required fire
access roads less than 36 feet in width. The plans shall indicate the
locations of red curbing and signage. A drawing of the proposed signage
with the height, stroke and color of lettering and the contrasting
background color shall be submitted to and approved by the Fire Chief.
92. FUEL MODIFICATION (PART C)
C. Prior to the issuance of a building permit, the developer shall have
completed, under the supervision of the Fire Chief, that portion of the
approved fuel modification plan determined to be necessary by the Fire
Chief before the introduction of any combustible materials into the project
area. Approval shall be subject to on-site inspection.
93. COMBUSTIBLE CONSTRUCTION LETTER
Prior to the issuance of a building permit for combustible construction, the builder
shall submit a letter to the Fire Chief on company letterhead stating that water for
fire fighting purposes and the all weather fire protection access roads shall be in
place and operational before any combustible material is placed on-site.
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94. INTERSECTION OF FOOTHILL BLVD AND CITRUS AVE
Prior to the issuance of permits for the construction of the rail crossing at Citrus
Avenue, the subdivider shall design the intersection of Citrus Avenue and Foothill
Boulevard East in accordance with published design and performance standards to
the satisfaction of both the City of Azusa and City of Glendora City Engineers.
CONDITIONS REQUIRED PRIOR TO INSTALLATION OF PUBLIC PARK
IMPROVEMENTS:
95. PUBLIC PARK DEDICATION (PART C)
C. Prior to the installation of public park improvements, the subdivider shall
grade Lot(s) 633-662 to provide the minimum number of acres of
creditable local park land necessary to satisfy the Quimby Act and shall
secure the park site(s) against erosion and shall stub out sewer, water, gas,
electricity,telephone, storm drain, etc., connections to the property lines.
CONDITIONS REQUIRED PRIOR TO APPROVAL OF CERTIFICATES OF
USE AND OCCUPANCY:
96. PUBLIC AREA LANDSCAPING (PART C)
All public area landscaping including the arroyo, manufactured slopes, parkways,
and medians shall be landscaped, equipped for irrigation, and improved in
accordance with an approved plan as stated below:
C. Installation Certification - Prior to the issuance of final certificates of use
and occupancy and the release of the financial security guaranteeing the
cost and installation of the landscape improvements within each recorded
subdivision map, the subdivider shall install said improvements and have
the installation certified by a licensed landscape architect or licensed
landscape contractor, as having been installed in accordance with the
approved detailed plans. The subdivider shall furnish said certification,
including an irrigation management report for each landscape irrigation
system, and any other required implementation report determined
applicable, to the "Public Works Director," prior to the issuance of any
certificates of use and occupancy.
97. PRIVATE COMMON AREA LANDSCAPING(PART B)
B. Prior to issuance of certificates of use and occupancy for dwelling units
within each recorded subdivision, the subdivider shall install said
landscaping and irrigation system and shall have a licensed landscape
architect or licensed landscape contractor, certify that it was installed in
accordance with the approved plan. The subdivider shall furnish said
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certification, to "Public Works Director" prior to the issuance of any
certificates of use and occupancy.
98. ASSESSMENT DISTRICT FINANCING PLAN(PART C)
C. Special Tax Notification
Prior to the issuance of any certificates of use and occupancy, the
subdivider shall provide evidence to the Community Development
Director that the Department of Real Estate has been notified that the
project area is within the boundaries of a Community Facilities District
(CFD), and will be subject to special taxes for public facilities and/or
services.
99. RESIDENTIAL NOISE
All residential lots and dwellings shall be sound attenuated against present and
projected noise which shall be the sum of all noise impacting the project so as not
to exceed a composite interior standard of 45 dBA CNEL in all habitable rooms,
consistent with Title 24.
100. DRAINAGE IMPROVEMENTS (PART B)
B. Prior to the issuance of any certificates of use and occupancy said
improvements in Condition #26 shall be constructed in a manner meeting
the approval of the City Engineer.
101. AZUSA LIGHT AND WATER REQUIREMENTS
Prior to issuance of final release for occupancy of any residential or commercial
units, the project developer/owner shall comply with all established requirements
of ALW subject to the parameters established in California Government Code
Section 66498.1 et. seq. adjusted to reflect annual increases in the Construction
Cost Index.
102. FIRE HYDRANTS (PART C)
C. Prior to the issuance of any certificate' of use and occupancy, all fire
hydrants shall have a blue reflective pavement marker indicating the fire
hydrant location on the street or drive per the Fire Department Standard as
approved by the Fire Chief.
103, STREET MARKINGS (PART B)
B. Prior to issuance of any certificate of use and occupancy, the fire lanes
shall be installed in accordance with the approved fire lane plan in a
manner meeting the approval of the Fire Chief. The CC&R's, or other
approved documents, shall contain a fire lane map and provisions that
prohibit parking in the fire lanes.
104. FUEL MODIFICATION (PART D)
D. Prior to issuance of any certificate of use and occupancy, the fuel
modification shall be installed and completed under the supervision of the
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Fire Chief. Further, the installed fuel modification plant pullet shall be
established to a degree meeting. the approval of the Fire Chief. The
CC&R's, or other approved documents, shall contain provisions for
maintaining the fuel modification zones including the removal of all dead
and dying vegetation subject to triennial inspections.
105. DETENTION BASIN SAFETY FENCING
Prior to final design of each detention basin, the Community Development
Director will determine whether safety fencing is required around each particular
detention basin in accordance with the Uniform Building Code. The fencing shall
be attractive, decorative, non-chain link, and non-lethal (no pointed tops).
GENERAL CONDITIONS OF APPROVAL:
106. PUBLIC PARK DEDICATION(PART D)
D. The park sites shall be maintained consistent with the Maintenance Plan
included in the Monrovia Nursery Specific Plan.
107. FINAL EIR
The applicant shall comply with all mitigation measures and recommendations
contained in the Final Environmental Impact Report and supporting technical
appendices.
108. LEGAL ACTION
A. If it becomes necessary for the City to take any legal action or commence
any administrative proceedings against the subdivider or any assigns and
successors in order to enforce any of the conditions set forth herein, the
City shall recover from the subdivider or assigns or successors reasonable
attorney's fees and other reasonable costs incurred in such action or
proceeding, provided that the City obtains a judgment in its favor in any
portion of such action or proceeding.
B. The subdivider or any assigns and successors shall be the real party in
interest and shall assume primary responsibility for the defense of any
legal action or proceeding commenced against the City to challenge the
City's approval of Land Use Entitlements and/or the City's approval
related to such land use approval. The subdivider or assigns and
successors shall reimburse the City for reasonable attorney's fees and
other reasonable costs incurred by the City in defending such action or
proceeding. The City shall promptly notify the subdivider of any such
claim and shall cooperate fully with the subdivider in the defense of any
such action.
Final Adopted Version 2/04/2003
27
109. AGREEMENT TO TERMS
By accepting approval of these conditions set forth herein, the subdivider or
assigns and successors shall be deemed to have agreed to the terms and conditions
set forth herein and the City shall have the right to enforce in its sole discretion
such terms and conditions by pursuing any and all available legal and equitable
remedies.
110. MILLSTONE
The millstone shall be preserved on-site per the Historic Commission's request
and a plaque designating the significance of the millstone shall be attached or
placed adjacent to the millstone.
111. PUBLIC RIGHT OF WAY
A. No work within the public right of way shall be commenced without first
obtaining a public works permit.
B. Azusa Right of Way pefmits and fees are required for work in the Public
Right of Way.
112. UTILITY EASEMENTS
"Utility" easements should be general in language, unless the utility companies
make specific requests.
113. STREET IMPROVEMENT PLANS
Once the actual street improvement plans are developed, the City of Azusa Public
Works Department will require plans where all traffic signs and marking are
identified.
114. AZUSA LIGHT AND WATER FEES AND CHARGES
In addition to furnishing and installing necessary water system improvements, the
project developer/owner shall pay to ALW all related fees and charges, including
development and annexation fees, in the manner prescribed by law adjusted to
reflect annual increases in the Construction Cost Index. Developer shall be
entitled to reimbursement credits to the extent permitted by law.
115. CODE AND ORDINANCE COMPLIANCE
The development of this project must comply with all applicable code and
ordinance requirements for construction access, water mains, fire flows and
hydrants.
116. MINOR EDITS
The Community Development Director and City Attorney are hereby authorized
to make minor, non-substantive edits to wording of the conditions of approval.
Final Adopted Version 2/04/2003
28
i '
117. EFFECTIVENESS OF TENTATIVE MAP
The tentative map shall not become effective until the effective date of each of the
following:
1. General Plan Amendment No. GPA 2002-03;
2. Zone Change No. Z-2002-03;
3. The Monrovia Nursery Specific Plan as amended;
4. The pre-zoning of the 433-acre portion of the project site within the County of
Los Angeles; and
5. Annexation the Monrovian Nursery property within the City's sphere of
influence.
Final Adopted Version 2/04/2003
29
Ordinance No.03-01
February 18,2003
Page 1 of 19
ORDINANCE NO. 03-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,
AMENDING THE CITY ZONING MAP TO REFLECT THE RECLASSIFICATION OF
PROPERTY LOCATED AT 18331 E. FOOTHILL BLVD. FROM SINGLE-FAMILY
RESIDENTIAL 10,000 SF LOT MINIMUM(R-1-10)AND RESIDENTIAL AGRICULTURE
(RA)TO SPECIFIC PLAN(SP-6),CASE NO.Z-2002-03. .
(APN:Within the City-8608-003-001, 8608-003-002,8608-003-005,8608-003-006,8625-
004-007, 8625-004-012,8625-029-006,8684-022-012;Within the City's sphere of Influence-
8608-003-003, 8625-001-001,8625-002-002,8625-004-129,8625-004-130,8625-005-014,
8625-005-018, 8625-005-019,8625-008-001,8625-008-005,8625-009-011,8625-009-012,
8625-010-008, 8625-029-005,8684-024-033, 8684-024-039,8684-024-041,8684-024-042,
8684-024-043)
WHEREAS,the Planning Commission held a duly noticed public hearing on December
I 1 and 18,2002,and a public meeting on January 8,2003,and after receiving testimony,the
Planning Commission closed the public hearing and deliberated regarding the Final
Environmental Impact Report and the Proposed Project Approvals,and duly considered all
information presented to it["Proposed Project Approvals"consisting of (1)General Plan
Amendment No.GPA 2002-03;(2)Zone Change No.Z-2002-03;(3)Vesting Tentative Tract
Map 554057;and(4)Prezone and Annexation of 433-acre portion of project site currently within
unincorporated Los Angeles County]; and
WHEREAS,the SP designation accommodates the Monrovia Nursery Specific Plan;and
WHEREAS, the Planning Commission voted unanimously to adopt Resolution No.2003-
03 recommending that the City Council approve this Zone Change from R1-10 AND RA to SP-6
for the property known as Monrovia Nursery;and -
WHEREAS, the City Council of the City of Azusa held a duly noticed public hearing on
January 21,2000,concerning this Zone Change and other Proposed Project Approvals and fully
and carefully considered all oral and written testimony offered therein prior to acting on this
Ordinance.
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That in accordance with Section 88-585 of the Azusa Municipal Code,it is
found that the Zone Change and Project Approvals would not unreasonably interfere with the use
or enjoyment of property in the vicinity,and would not adversely affect the public peace,health,
safety or general welfare,and provided the conditions of approval are adhered to.The Planning
Commission hereby recommends approval and adoption of said Zone Change based on the
following findings:
A. That the proposed amendment is consistent with the Guiding Principles of the
General Plan Update and goals and policies of the existing General Plan.
Guiding Principle#1-Natural& Community Environment
Vision:Protect the foothills,preserve natural habitat and terrain and integrate
nature into future development and use.Enhance the existing fabric of Azusa
neighborhoods with new development integrated into the rest of the community
by open access and compatible neighborhood design:
• Natural and historic flow of water enhances the area
• Historic resources are preserved with the development
• Public and private views are protected and development is compatible
with surrounding neighborhoods and uses,including the Dhammakaya
Retreat Center
Ordinance No.03-01
February 18,2003
Page 2 of 19
The Specific Plan celebrates the natural and community environment.
• The foothills are preserved and the existing biological resources are
protected.The development plan does not extend beyond existing Nursery
operations,ensuring protection of the foothills by preserving 170 acres of
natural open space.
• The land plan provides a drainage arroyo in the general location of the
historic canyon that drained the foothills.The arroyo will convey storm
flows,contain natural riparian habitat,provide bio-filtration to treat urban
pollutants,and include a trail system connecting to the Garcia Trail.
• The land plan maximizes the number of connections to the City.
Furthermore,the realignment of Sierra Madre Avenue includes a linear
park and trail connecting to the City and the arroyo trail.
• The romantic bent grid design of the Park Neighborhood minimizes
landform alteration by incorporating the existing topography into the land
plan.Furthermore,the bent grid causes roof and front elevation movement
minimizing the view of one continuous row of homes.
• Historic resources,such as the Covina Canal and the Vosburg House,are
being preserved to the extent feasible.While the potable water in the
Covina Canal will be placed in an underground pipe,the open channel
canal structure will remain and possibly carry storm runoff.The Vosburg
House will remain on site and continue to function as Monrovia Nursery's
headquarters.The Specific Plan EIR includes an assessment and
mitigation measures for the cultural resources on-site.
• The Specific Plan is compatible with surrounding land uses and creates
new great neighborhoods that benefit the entire community.Existing land
uses are buffered.The Dhammakaya is buffered on the west by the
Vosburg House;on the south by a roadway and landscaped detention
facility;and on the north and east by a landscaped slope.The homes
backing onto the Nursery in the Nob Hill neighborhood are buffered by a
landscaped drainage course.The homes in Glendora that back onto the
Nursery are buffered by a park and landscaped slopes.The homes that
currently take access from Sierra Madre Avenue will be provided with a
new private driveway.
Guiding Principle#2—Quality Neighborhoods&Homes
Vision:Maintain Azusa's family-oriented community identity by offering a
diversity of home ownership opportunities,reflecting traditional neighborhood
patterns:
• Dominant housing type is single-family detached homes attractive to
middle and upper income home buyers
• Architectural styles and features draw on historic patterns and scale
• High quality construction,home design,and neighborhood amenities
promote well-being and maintain value.
The Specific Plan has been designed as an extension of Azusa's family-oriented -
traditional neighborhoods.
The Specific Plan has three neighborhoods based on planning.principles
that have held value over time.The world-renowned landscape architect
and planner,Frederick Law Olmstead,pioneered these principles.The
Park Neighborhood is based on a romantic bent grid network formed
around parks.The Village Core Neighborhood is designed as an activity
center focused around the arroyo and private recreation facility.The
Promenade District is patterned after the great walking streets of the
world.Examples of local communities that were planned around these
principles include Palos Verdes Estates,Beverly Hills. and the Vista
Bonita neighborhood in Azusa.
• The Park Neighborhood constitutes 17.3 percent of the Nursery property
Ordinance No.03-0I
February 18,2003
Page 3 of 19
while the Village Core and Promenade District constitute 2.2 percent and
7.7 percent respectively.Both the Village Core and the Garden Court
Neighborhood in the Promenade District allow for detached rear-loaded
housing.
• In the Park Neighborhood,Village Core,and Promenade District all
streets have parkway separated sidewalks and street trees,and a majority
of the streets open onto parks.These amenities are shared by everyone in
the community.
• Architecture in all neighborhoods de-emphasizes the garage.The living
portion of the homes are pulled forward toward the street with outdoor
living space such as porches,stoops,and balconies.This architectural
design encourages neighborhood interaction,a pedestrian lifestyle,and
promotes safety by allowing for"eyes on the street"
• The architecture in all three neighborhoods is based'on heritage
architecture from the San Gabriel Valley.Examples include Spanish
Colonial,Craftsman,European Cottage,American Traditional,Monterey,
and American Farmhouse.The Specific Plan identifies elements for each
style that make the style accurate and recognizable.The Specific Plan
promotes the`Simple House"concept,which encourages simple plan
forms and elevations that reduce costs while providing authentic
architectural form and massing.
• The Specific Plan identifies a variety of housing products that range in size
and price.Furthermore,the Promenade District has seven different
building typologies.This variety in housing types,sizes,and prices
provides homeownership opportunities for a variety of people in different
stages of homeownership.
• The Specific Plan includes housing products for the middle to upper
income buyer.In the Promenade District,housing prices are anticipated to
range from the low to high$200,OOOs.The Village Core may see housing
prices from the mid-$200,OOOs to over$300,000.In the Park
Neighborhood housing prices are expected to begin in the low$300,OOOs
and extend well above$500,000.
Guiding Principle#3—Mobility&Mix of Uses
Vision: Create a walkable business campus adjacent to a future Gold Line light
rail stop,blended and connected with adjacent residential neighborhoods and the
emerging University District to the south:
• Campus-style office space suitable for high-tech,corporate or institutional
users
• A shared neighborhood core with small-scale retail/service businesses for
transit riders,business park employees and surrounding residents
• Compatible townhomes and apartments
The Promenade District creates a mixed-use neighborhood that promotes transit,
commerce,and high-quality residential development.
• The Specific Plan incorporates space near Citrus Avenue for a future light
rail transit station.
• A transit plaza is planned adjacent to the light rail station as a formal park
and inviting gathering place surrounded by transit-oriented retail.
• Mixed use,live/work,and three-story residential are the land uses planned
around the transit center to create the community of persons who will
embody the vision of a transit-oriented district
• The transit plaza anchors the Promenade,which is a great walking street
that connects the plaza to the residences of the Promenade District.
• The residences in the Promenade District are planned as for-sale housing.
The only rental would occur in the area surrounding the transit square as a
mixed-use development,with apartments above retail or office uses.
Ordinance No.03-01
Febnmy 18,2003 '
Page 4 of 19
Guiding Principle#4—Green Spaces& Public Uses
Vision:Build on the green and open character of the natural setting and history by
incorporating passive green space and active recreational facilities.incorporate
abundant public and neighborhood-serving facilities such as schools,child-care,
and gathering places:
A system of neighborhood parks to serve local residents and larger parks
as a resource for the entire community
• Comprehensive trail system for walking,hiking,and biking
• Distinctive landscaping/greenery/greenbelts/trees
Hillside open space
Azusa's heritage is tied to the San Gabriel Canyon and Mountains.The Specific
Plan fosters that heritage through a series of parks,open space,and trail
connections that will incorporate landscape commemorative of the Nursery and
great botanic gardens of the world.
• The arroyo provides a spiritual,visual,and physical connection through
the new community to the mountains.The arroyo is a natural corridor
located on top of a historic drainage canyon.The arroyo will function has a
natural park with riparian habitat and a trail system connecting to the
Garcia Trail.The trail system will pass underneath Sierra Madre Avenue.
• Parks were used to form and create the land plan instead of being an
afterthought.The Park Neighborhood is designed to provide parks within
the line of sight and within a five-minute walk from all the residential
neighborhoods.
• The Specific Plan provides for a variety of parks.Some parks are designed
with ballfields and turf area for active recreation.Other parks are more
passive in nature designed for viewing and sitting.Along Sierra Madre
Avenue a linear park provides both view opportunities and trail
connections between Azusa,the arroyo trail,and Glendora.The
Promenade includes a linear formal park that offers views,community
gathering opportunities,and spectacular landscape.In total 18 acres of
public park will be dedicated to serve both the existing and new members
of the City of Azusa.
• The trail system is an important part of the land plan.Every street has
parkway-separated sidewalks to promote pedestrian activity.The
realignment of Sierra Madre Avenue will include a new linear park and
trail providing a trail connection between the City of Azusa and Glendora.
The arroyo includes a trail providing north/south access throughout all the
neighborhoods. Furthermore,the Promenade District is designed as a
walking district.
• In addition to public parks,the Specific Plan includes a 2.1-acre private
recreation facility.This facility will provide a community room,pool,and
other recreational amenities.
• The Specific Plan celebrates the heritage of the Nursery by incorporating
botanical garden themes and historic references to Nursery plantings.
A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use
park anchor the system of parks.The school is designed to accommodate
students from kindergarten through eighth grade.
• The Specific Plan does not extend beyond existing nursery operations and
allows for 170-acres of natural open space to be preserved in perpetuity in
the foothills.
GENERAL PLAN LAND USE ELEMENT
Primary Community-Wide Land Use Goals
1. Provide an orderly,functional,and compatible land use pattern to guide
the future growth and development of Azusa and its planning area
2. Ensure that the type,amount,design and pattern of all land uses
Ordinance No.03-01
February 18,2003
Page 5 of 19
throughout the City and planning area serve to protect and enhance the
character and image of Azusa as a desirable residential urban community.
3, Provide for an orderly pattern of future development and change
throughout the City that will be both compatible with and beneficial to
existing land uses and which will ensure residents of a desirable urban
environment in which to live,work,shop and play.
4. Allow development in the San Gabriel Mountain' foothills only when
proper consideration has been shown for all environmental and safety
factors.
The Specific Plan includes great neighborhoods designed to complement and
enhance the surrounding three new neighborhoods.
• Time-honored planning principles of the world-renowned landscape
architect and planner,Frederick Law Olmstead,are the foundation for the
neighborhoods.The Park Neighborhood is based on a romantic bent grid
network formed around parks.The Village Core Neighborhood is designed -as an activity center focused around the arroyo and private recreation
facility.The Promenade District Neighborhood is patterned after the great
walking streets of themorld.Examples of communities that were planned
around these principles include Palos Verdes Estates,Beverly Hills,and
the Vista Bonita neighborhood in Azusa.
• The Specific Plan maximizes the number of connections to the adjoining
neighborhoods.Roadway connections are provided at View Crest,Sierra
Madre Avenue,Ninth Street,Palm Drive,and Citrus Avenue.
Furthermore,the realignment of Sierra Madre Avenue includes a linear
park and trail connecting the City to the arroyo trail and the City of
Glendora.
• Parks were used to form and create the Specific Plan instead of being an
afterthought.The Park Neighborhood is designed to provide parks within
the line of sight and within a five-minute walk from the residential
neighborhoods.
• The Specific Plan provides for a variety of parks. Some parks are
designed with ballfields and turf area for active recreation.Other parks are
more passive in nature designed for viewing and sitting.Along Sierra
Madre Avenue a linear park provides both view opportunities and trail
connections between Azusa,the arroyo trail,and Glendora.The
Promenade includes a linear formal park that offers views,community
gathering opportunities,and spectacular gardens.In total 18 acres of public
parks will be dedicated to serve both the existing and new members of the
City of Azusa.
• The trail system is an important part of the Specific Plan.Every street has
parkway-separated sidewalks to promote pedestrian activity.The
realignment of Sierra Madre Avenue will include a new linear park and
trail providing a trail connection between the City of Azusa and the City of
Glendora.The arroyo includes a trail providing north/south access through
the entire community.Furthermore,the Promenade District is designed as
a walking district.
• The foothills are preserved and the existing biological resources are
protected.The Specific Plan does not extend beyond existing Nursery
operations,ensuring protection of the foothills by preserving more than
170 acres of natural open space.
• The Specific Plan includes housing products for the middle to upper
income buyer.In the Promenade District,housing prices are anticipated to
range from the low to high$200,000s.The Village Core may see housing
prices from the mid-$200,000s to over$300,000.In the Park
Neighborhood,housing prices are expected to begin in the low$300,000s
and extend well above$500,000.
Ordinance No.03-01
February 18,2003
Page 6 of 19
RESIDENTL4L LAND USE GOALS
1. Encourage the maintenance and conservation of existing single-family
homes and the preservation of existing low-density neighborhoods
throughout the community.
2. Provide for a well-balanced variety of housingarrangements,opportunities
and densities,each appropriately located with references to topography,
traffic and circulation,community facilities,and aesthetic consideration.
3. Ensure the development of school,park,and other necessary public
facilities well related to residential neighborhoods.
4. Encourage only additional residential development that is necessary to
replace older deteriorated housing stock and to provide for the natural
increase in population,but not to encourage higher densities that will
stimulate population growth.
5. Encourage the assemblage of smal I lots into larger parcels to maximize
land use efficiency in areas permitting higher densities.
Supporting Objectives
• To encourage programs or citizens'efforts that are directed toward
neighborhood or community beautification and improvement.
• To encourage a full range of public improvements and services to all
residential neighborhoods.
• To encourage a continuing program of community preservation and
rehabilitation.
• To provide for a distribution of population through the use of a variety of
densities and housing types throughout the City in order to avoid
undesirable and inefficient concentrations of the population in anyone
location of the community.
• To encourage the development of residences for all economic segments of
the City and to also encourage the ownership of these units in order to
increase neighborhood stability.
• To ensure that all residential development proposals include an adequate
and detailed analysis of the impact on the entire community and of the
community's ability to sustain it,in terns of provision of such factors as
adequate access,off-street parking,reasonable demands on utilities and
public facilities,and others that might affect residential or community
quality.
• To ensure that all new development is compatible with the Circulation
Element and existing street systemand that the system will adequately
handle the expected traffic increase.
The Specific Plan provides a variety of new housing types,sizes,and prices
formed around public open space and parks.
• The Specific Plan identifies a variety of housing products throughout the
community that range in size and price.Furthermore,the Promenade
District has seven different building typologies.This variety in housing
types,sizes,and prices provides homeownership opportunities for a
variety of people in different stages of homeownership.
• The higher density housing types surround the transit station to create a
bustling,walkable transit neighborhood.The transit neighborhood is
located in the southeast portion of the site adjacent to Citrus Avenue.The
topography is more conducive to a pedestrian friendly district and a
commuter rail stop in this location but would not preclude rail stops in
downtown Azusa and downtown Glendora.Furthermore,this location
would promote transit use by Citrus College and Azusa Pacific University
students.The transit neighborhood is linked to the rest of the Promenade
District by a formal linear park that serves as a gathering spot and
pedestrian way.
• The Specific Plan includes housing products for the middle to upper
Ordinance No.03-01
February 18,2003
Page 7 of 19
income buyer.In the Promenade District,housing prices are anticipated to
range from the low to high$200,000s.The Village Core may see housing
prices from the mid-$200,000s to over$300,000.In the Park
Neighborhood housing prices are expected to begin in the low$300,000s
and extend well above$500,000.
• Parks were used to form and create the land plan instead of being an
afterthought. The Park Neighborhood is designed to provide parks within
line of sight and within a five-minute walk from the residential
neighborhoods.
• The Specific Plan provides for a variety of parks.Some parks are designed
with ballfields and turf area for active recreation.Other parks are more
passive in nature designed for viewing and sitting.Along Sierra Madre -
Avenue a linear park provides both view opportunities and trail
connections between Azusa,the arroyo trail,and Glendora.The
Promenade includes a linear formal park that offers views,community
gathering opportunities,and spectacular landscape.In total 18 acres of
public parks will be dedicated to serve both the existing and new members
of the City of Azusa.
• The two-story design of the proposed residences enhances the value of
one-story designs in the City,instead of directly competing against the
City's existing housing stock.
• A Great Park of 14.5 acres,the largest in the City,consisting of a 9.0-acre
public school and 5.5-acre joint use park,anchor the park system.The
school is designed to accommodate students from kindergarten through
eighth grade.
• The Specific Plan provides a drainage arroyo in the general location of the
historic canyon that drained the foothills.The arroyo will convey storm
flows,contain natural riparian habitat,provide bio-filtration to treat urban
pollutants,and include a trail system connecting to the Garcia Trail.
• The architecture and street scene in all neighborhoods de-emphasizes the
garage.Each neighborhood has parkway-separated sidewalks with street
trees.The living portion of the homes are pulled forward toward the street
with outdoor living space such as porches,stoops,and balconies.Garages
are pushed back away from the street and de-emphasized so that each
home has a recognizable front instead of a series of garage doors.This
architectural design encourages neighborhood interaction,a pedestrian
lifestyle,and promotes safety by allowing for"eyes on the street"
• A Homeowner's Association(HOA)will govern the new development by
enforcing specific codes and covenants designed to promote community
consistency,maintenance and value.The HOA will also include
community programs to encourage neighbor participation.
• The Specific Plan contributes substantial monies toward community
infrastructure improvements,such as improvements to the street system,
water system,and sewer system.
• The Specific Plan EIR assessed potential impacts of the proposed
development on the surrounding community.Topics such as traffic,air
quality,noise,hydrology,geology,biology,and hazards were analyzed in
detail.Where the proposed development caused adverse impacts,
mitigation measures were incorporated into the plan.
COMMERCIAL LAND USE GOALS
I. Promote the development of commercial facilities which are convenient to
residents and which provide the widest possible selection of goods and
services,in keeping with sound economic principles of retail locations.
2. Ensure an economically strong and balanced commercial sector of the -
community that is easily accessible,attractive,and meets the commercial
needs of the market area.
3. Encourage the revitalization of the central downtown business district.
Ordinance No.03-01
February 18,2003
Page 8 of 19
Supporting Objectives
To encourage the clustering of businesses,landscaping,development of
small commercial centers with shared parking,and other development
techniques that will improve the visual appearance and efficiency of
existing"'strip"commercial development along arterial streets.
To achieve strong investment and consumer support for the commercial
sector of the community.
To preserve the integrity of commercial areas by prohibiting the mixture of
incompatible noncommercial uses within these areas.
To ensure adequate parking,attractive landscape and architectural design,
and good access to the commercial area from its service area.
To undertake a study of the central downtown business district followed
by effective revitalization efforts.
The Specific Plan proposes minimal commercial opportunities to serve the new
development without competing with established commercial centers in the City.
• A modest amount(30,000 to 50,000 square feet)of transit oriented
commercial uses are permitted in the transit village.
• Live/work is a building typology pemiltted in most of the Promenade
District,allowing the owner of the residence to also have an office on the
fust floor,but the design functions equally as well as pure residential.
COMMUNITY FACILITY LAND USE GOALS
1. Provide for a land use configuration in Azusa that provides adequate,
easily accessible and appropriate community facilities and utilities while
minimizing taxes and operations to within reasonable levels.
Supporting Objectives
To provide for a community-wide balance of community facilities that will
not create excessive demands on facilities and utilities,especially in areas
of development concentration.
To encourage the use of alternative energy sources,such as solar energy,
and energy-related environmental criteria in the design,construction and
lot orientation of new or proposed buildings.
To explore the feasibility and potential for the multiple-use of existing
public or quasi-public rights-of-way for recreational purposes.
To provide for adequate park and recreation facilities to meet the demands
of present and future Azusa citizens.
The Specific Plan was designed to minimize impacts on the City's community and
utility facilities.
• Development of the Monrovia Nursery property will require substantially
less water use than the existing Monrovia Nursery operations.
• Development of the Monrovia Nursery property will require substantially
less electricity use than the existing Monrovia Nursery operations.
• The Specific Plan provides the largest contiguous open space in the City
by connecting the Great Park with the arroyo nature park to the wilderness
park in the mountains.
• Parks were used to form and create the land plan instead of being an
afterthought.The Park Neighborhood is designed to provide parks within
the line of sight and within a five-minute walk from the residential
neighborhoods. '
• The Specific Plan provides for a variety of parks. Some parks are
designed with ballfields and turf area for active recreation.Other parks are
more,passive in nature designed for viewing and sitting.Along Sierra
Madre Avenue a linear park provides both view opportunities and trail
connections between Azusa,the arroyo trail,and Glendora.The
Ordinance No.03-01
February' 18,2003
Page 9 of 19
Promenade includes a linear formal park that offers views,community
gathering opportunities,and spectacular landscape.In total 18 acres of
public parks will be dedicated to serve both the existing and new members
of the City of Azusa.
_ A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use
park anchor the system of parks.The school is designed to accommodate
students from kindergarten through eighth grade.
The Specific Plan includes a 2.1-acre private recreation facility open to the
new residents of the Monrovia Nursery development.The private
recreation facility will include a pool and other recreation amenities.
The new development will include a Community Facilities District and
Homeowner's Association to provide financial opportunities for
construction and maintenance of the proposed community facilities.
• The City has prepared a fiscal impact analysis to determine the long-term
financial implications of.the proposed development for the City.
CIRCULATION/TRANSPORTATION LAND USE GOALS
1. Provide for a land use configuration that is compatible with the
transportation and circulation systems that currently exist and with those
that are planned by the City,County and State.
2. Provide for land uses that encourage efficient use of the circulation
systems that exist,while avoiding land use concentration or locations that
might resultin unnecessary and undesirable congestion.
Supporting Objectives
• To provide for adequate access into residential areas by local or collector
streets,avoiding congestion and hazardous conditions that are often caused
by direct access onto arterial streets from local streets or residences.
• To provide for alternative modes of transportation such as bicycles,
pedestrian facilities,etc.,as well as access to major regional transportation
systems.
• To adequately buffer the more sensitive land uses from the adverse effects
of freeways,major arterials,railroad and other circulation components.
• To encourage the development of clustered commercial uses,especially
along arterial streets,that make more efficient use of parking and land
utilization while maximizing safe pedestrian circulation.
The land uses and circulation patterns in the Specific Plan promote efficient
pedestrian,vehicular,and transit circulation.
• The higher density housing types surround the transit station to create a
bustling,walkable transit village.The transit village is located in the
southeast portion of the site adjacent to Citrus Avenue.The topography is
more conducive to a pedestrian friendly district and a commuter rail stop
in this location but would not preclude rail stops in downtown Azusa and
downtown Glendora.Furthermore,this location would promote transit use
by Citrus College and Azusa Pacific University students.The transit
village is linked to the rest of the Promenade District by a formal linear
park that serves as a gathering spot and pedestrian way.
• Parks were used to form and create the land plan instead of being an
afterthought.The Park Neighborhood is designed to provide parks within .
line of sight and within a five-minute walk from the residential
neighborhoods.
• All possible street connections have been incorporated into the land plan.
Connections occur at View Crest, Sierra Madre Avenue,Ninth Street,
Palm Drive,and Citrus Avenue.
• The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic
and change the character of the street.Roundabouts are designed at the
Ordinance No.03-01
February 18,2003
Page 10 of 19
east and west ends of Sierra Madre Avenue to indicate that a change in
roadway character is about to occur.
• Along Sierra Madre Avenue is a linear park with a multi-purpose trail that
connects Azusa to the arroyo trail and the City of Glendora.
• The Specific Plan does not provide a connection of Citrus Avenue
between Sierra Madre Avenue and Foothill Boulevard in order to avoid
creating a new arterial roadway through the middle of the development.
• The Park Neighborhood relies on a romantic bent grid roadway pattern,
which creates a series of interconnected streets allowing traffic to disperse
into a variety of directions.
• The Specific Plan includes a transit station to accommodate future
commuter rail traffic on the extension of the Gold Line from Pasadena to
Claremont.
• The Specific Plan encourages alternative forms of transportation by the
Sierra Madre trail,arroyo trail,Promenade linear park,parkway separated
sidewalks,and a street network that disperses traffic to create pedestrian
friendly roadways.
CIRCULATION ELEMENT GOALS
1. Provide for a transportation system which supports planned land use and
improve the quality of life.
2. Promote the safe and effective movement of all segments of the population
and the efficient transport of goods.
3. Make efficient use of existing transportation facilities.
4. Protect environmental quality and promote the wise and equitable use of
economic and natural resources.
Supporting Objectives
To encourage State,regional,and local governments and agencies to
achieve a coordinated and balanced regional transportation system,
consistent with the City's social,economic and environmental needs and
goals.
To develop transportation planning,services,and facilities that are
coordinated with and support the land use plan.
To develop a balanced system of circulation which incorporates motor
vehicles,pedestrians,bicycles and other private and public transportation
modes with greater safety and increased energy efficiency.
To encourage the continuance of a public transportation system that will
(1)provide a viable alternative to the automobile,(2)satisfy the
transportation needs of commuters,the economically disadvantaged,the
aged,the young,and the handicapped,and(3)promote service at a
reasonable and equitable cost to both the users and the general community.
The Specific Plan promotes alternative forms of transportation and a circulation
system that avoids impacts to the surrounding community.
• The Specific Plan includes a transit station to accommodate future
commuter rail traffic on the extension of the Gold Line from Pasadena to
Claremont.
All possible street connections have been incorporated into the land plan.
Connections occur at View Crest,Sierra Madre Avenue,Ninth Street,
Palm Drive,and Citrus Avenue.
• The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic
and change the character of the street.Roundabouts are designed at the
- east and west ends of Siena Madre Avenue to indicate a change in
roadway character is about to occur.
• Along Siena Madre Avenue is a linear park with a multi-purpose trail that
connects Azusa to the arroyo trail and the City of Glendora.
Ordinance No.03-01
February 18,2003 -
Page 11 of 19
The Specific Plan does not provide a connection of Citrus Avenue
between Sierra Madre Avenue and Foothill Boulevard in order to avoid .
creating a new arterial roadway through the middle of the development.
• The Park Neighborhood relies on a romantic bent grid roadway pattern,
which creates a series of interconnected streets allowing traffic to disperse
into a variety of directions.
The Specific Plan encourages alternative forms of transportation by the
Sierra Madre trail,arroyo trail,Promenade linear park,parkway separated
sidewalks,and a street network that disperses traffic to create pedestrian
friendly roadways.
• The Specific Plan EIR provides a complete assessment,including
mitigation measures,of potential traffic impacts on the surrounding
streets.
SCENIC HIGHWAYS ELEMENT GOALS
1. Provide a scenic road system serving a variety of transportation modes.
2. Provide enhanced recreational and commercial opportunities served by a
system of scenic roadways.
3. Preserve and enhance the aesthetic resources within scenic corridors.
Supporting Objectives
• To establish a city wide scenic roadway system.
• To encourage utilization of appropriate existing goals.
• To protect and enhance aesthetic resources within corridors of designated
scenic roadways.
• To establish and maintain urban scenic highways to provide access to
interesting and aesthetic manmade features,historical and cultural sites,
and urban open space areas.
•
To provide a comprehensive Scenic Roadway Program which safely
accommodates various forms of transportation compatible with scenic
highway criteria and standards.
• To develop and apply standards to regulate the quality of development
within corridors of designated scenic roadways.
• To improve the aesthetic qualities of scenic roadway corridors through the
rehabilitation,renovation,and redevelopment of deteriorating areas along
these routes.
• To remove visual pollution from designated scenic highway corridors.
To encourage the development and use of aesthetic design standards for
road construction or reconstruction for all designated scenic roadways.
• To increase governmental commitment to the designation of scenic
highways and protection of scenic corridors.
• To encourage the fair distribution of social and economic costs and
benefits associated with scenic highways.
• To promote the use and awareness of scenic highway amenities for all
segments of the population.
The Specific Plan enhances Sierra Madre Avenue's status as a Scenic Highway.
• The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic
and change the character of the street.Roundabouts are designed at the
east and west ends of Sierra Madre Avenue to indicate a change in
roadway character is about to occur.
The north side of Sierra Madre Avenue will be primarily landscaped slope.
In the Village Core,homes will front onto Sierra Madre Avenue.
• The south side of Sierra Madre Avenue will have a linear park and multi-
purpose trail.Landscaping will dominate the linear park while also
respecting the view opportunities from the roadway and trail.
Ordinance No.03-01
February 18,2003
Page 12 of 19
• The proposed recreation facility and Village Core housing will front onto
the south side of Sierra Madre Avenue creating a point of arrival at an
activity center.
• A bridge on Sierra Madre Avenue will cross the arroyo and arroyo trail.
• The narrow cross-section of Sierra Madre Avenue is designed to slow
traffic but maintain roadway capacity to accommodate commuter traffic.
HOUSING ELEMENT GOALS
1. Conserve and improve the condition of the existing affordable housing
stock.
2. Assist in the development of adequate housing to meet the needs of low-
and moderate-income households.
3.. Identify adequate housing sites which will be made available through
appropriate zoning and development standards and with public services
and facilities needed to facilitate and encourage the development of a
variety of types of housing for all income groups.
4. Address and,where appropriate and legally possible,remove
governmental constraints to the maintenance,improvement,and
development of housing.
5.- Promote housing opportunities for all persons regardless of race,religion,
sex,marital status,ancestry,national origin or color.
Quantative Objectives
• To conserve affordable housing available through the existing rental
housing supply and mobile home dwellings(N=389).
To achieve the rehabilitation of 100 housing units during the time frame of
mid-1984 through mid-1989.
To meet the rental housing assistance in existing housing units of 150
lower income households during the next five years.
To meet the owner housing assistance needs of first time buyers of
moderate income in 100 newly constructed housing units.
To achieve the production of 80 new rental housing units within the
financial means of low-and moderate-income households.
The Specific Plan creates new housing opportunities for a variety of people at
different homeownership stages in their life.
• The Specific Plan identifies a variety of housing products that range in size
and price.Furthermore,the Promenade District has seven different
building typologies.This variety in housing types,sizes,and prices
provides homeownership opportunities for a variety of people in different
stages of homeownership.
• The Specific Plan includes housing products for the middle to upper
income buyer.In the Promenade District,housing prices are anticipated to
range from the low to high$200,000s. The Village Core may see housing
prices from the mid-$200,000s to over$300,000.In the Park
Neighborhood housing prices are expected to begin in the low$300,000s
and extend well above$500,000.
The proposed housing products are for-sale residences.The only
opportunity for rental housing is in the transit neighborhood where mixed-
use development could have apartments over retail or office uses.
SEISMIC SAFETY/PUBLIC SAFETY ELEMENTGOALS
1. Prevention of serious injury and loss of life.
2. Prevention of serious structural damage to critical facilities and structures
where large numbers of people are apt to congregate at one time.
3. Insure the continuity of vital services and functions.
4. Education of the Community.
Ordinance No.03-01
February 18,2003
Page 13 of 19
Supporting Objectives
To reduce loss of life,injuries,and damage to property caused by seismic
events and seismic-related conditions.
To reduce loss of life,injuries,and damage to property,and loss of natural
resources caused by wildland and urban fires.
• To protect life and property in the event of a natural disaster.
• To prevent injury or loss of life and damage to property due[to] flood
hazards.
The Specific Plan used extensive geotechnical investigations to determine the
appropriate locations for development that minimize risks to life and property.
• A setback zone for the Sierra Madre Fault was identified and no houses
are located within the setback zone.
Sierra Madre Avenue was aligned along an unnamed fault to provide
appropriate setbacks for housing.
• A setback zone for a second unnamed fault on the west side of the
property north of Tenth Street prohibits the construction of habitable
structures.
• Geologists and geotechnical engineers conducted a liquefaction hazard
analysis and determined that dirt in the lower portion of the property must
be removed approximately 20 to 25 feet deep and recompacted to
minimize potential liquefaction hazards.
• The Specific Plan ETR contains an extensive geologic and geotechnical
investigation,with appropriate mitigation measures to minimize risks to
life and property.
CONSERVATION ELEMENT GOALS AND OBJECTIVES
1. To protect,conserve,and manage the natural and scenic resources of the
Azusa Planning Area.
2. To ensure an adequate supply of high quality water for local and regional
needs by preventing the accelerated water loss due to high runoff and loss
of groundwater recharge areas,and pollution,while protecting life and
property with appropriate flood protection measures.
3. Conserve soils as a water-regulating medium as well as for the production
of natural or other hillside vegetation.
4. To promote the retention of native or other vegetation wherever feasible
for maximum water yield,air,and water quality,and flood hazard
reduction.
5. To preserve adequate expanses of all major habitat types so as to maintain
ecosystems in a natural balance for recreation,scientific,economic,
educational and scenic purposes.
6. To secure a safe,healthful,and wholesome environment through careful
planning for the preservation and utilization of natural resources and
natural resource lands.
The Specific Plan promotes conservation of natural resources.
• Development of the Nursery property does not extend beyond existing
nursery operations allowing for 170-acres of natural open space to be
preserved in perpetuity.
The arroyo provides a spiritual,visual,and physical connection through
the new community to the mountains.The arroyo is a natural corridor
located on top of a historic drainage canyon.The arroyo will function has a
natural park with riparian habitat and a trail system connecting to the
Garcia Trail.The trail will pass underneath Sierra Madre Avenue.
Ordinance No.03-01
February 18,2003
Page 14 of 19
• The arroyo provides a series of water quality basins planted with riparian
habitat designed to foster groundwater recharge and biofiltration to remove
urban pollutants from the storm runoff.
• Development of the Monrovia Nursery property will require substantially
less water use than the existing Monrovia Nursery operations.
• Development of the Monrovia Nursery property will require substantially
less electricity use than the existing Monrovia Nursery operations.
• Development of the Monrovia Nursery property will reduce the amount of
Particulate Matter 10 microns(PMio)currently released from the Nursery
site.The South Coast Air Basin is currently designated as a non-attainment
area for PMio because of noncompliance with the State and Federal Clean
Air Acts.Therefore,development of the Monrovia Nursery property will
improve air quality.The Specific Plan EIR contains an extensive air
quality analysis.
• The Specific Plan includes a series of detention basins to minimize
impacts from flooding.The EIR includes an extensive hydrology analysis
that documents how the proposed development reduces the risk of
flooding to surrounding properties.
OPEN SPACE ELEMENT GOALS
1. To secure a safe,healthful,and wholesome environment through careful
planning and preservation of open space resources.
2. To maintain the continued existence of valuable amenities which provide
beauty,identity,and form to the community and to neighborhoods within
the community.
3. To preserve or conserve valuable natural and cultural resources that have
scientific,educational,economic and cultural value.
4. To contribute to the attainment of the State Legislature's open space
planning goals and objectives and fulfill the responsibility that Azusa has
to the geographic region it is located.
Supporting Objectives
• To protect examples of wildlife habitat by acquisition of as much open
space land as economically possible and by prohibiting its development
with incompatible uses.
• To preserve the hillside topography and natural vegetation through land
use regulations,which encourage the retention of the natural topography
and control the degree of ground coverage by structures both on the
hillside and in the arroyos and carryon bottom.
To promote the study,adoption and review of regulations designed to
assure appropriate and safe development in hazardous development areas.
These regulations should include control of elimination of mass grading,
limitation on the intensity and density of land use,and prohibitions against
any development projects except those which are designed for
mountainous or irregular topography.
The Specific Plan designates over 60 percent of the Nursery property for open
space,park,cultural,and recreation amenities.
• Parks were used to form and create the land plan instead of being an
afterthought.The Park Neighborhood is designed to provide parks within
the line of sight and within a five-minute walk from the residential
neighborhoods.
• Development of the Nursery property does not extend beyond existing
nursery operations allowing for 170-acres of natural open space to be
preserved in perpetuity in the foothills.
• The Specific Plan provides for a variety of parks.Some parks are designed
with ballfields and turf area for active recreation.Other parks are more
passive in nature designed for viewing and sitting.Along Sierra Madre
' Ordinance No.03-01
February 18,2003
Page 15 of 19
Avenue a linear park provides both view opportunities and trail
connections between Azusa,the arroyo trail,and Glendora.The
Promenade includes a linear formal park that offers views,community
gathering opportunities,and spectacular landscapes.In total 18 acres of
public parks will be dedicated to serve both the existing and new members
of the City of Azusa.
• A trail system is an important part of the Specific Plan.Every street has
parkway-separated sidewalks to promote pedestrian activity.The
realignment of Sierra Madre Avenue will include a new linear park and
trail providing a trail connection between the City of Azusa and the City of
Glendora.The arroyo includes a trail providing north/south access
throughout all the neighborhoods.Furthermore,the Promenade District is
designed as a walking district.
• In addition to public parks,the Specific Plan includes a 2.1-acre private
recreation facility.This facility will provide a community room,pool,and
other recreational amenities.
• The Specific Plan celebrates the heritage of the Nursery by incorporating
botanical garden themes and historic references to Nursery plantings.
• A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use
park anchor the system of parks.The school is designed to accommodate
students from kindergarten through eighth grade.
• The Specific Plan provides 18 acres of park and recreation facilities,more
than the 16.5 acres of parkland required by State planning law.
NOISE ELEMENT GOAL
1. The principal goal of the City is to prohibit unnecessary and annoying
noise from all sources in the community through the identification,
control,and abatement of noise pollutants.
Supporting Objectives
To continue present programs which prohibit unnecessary,excessive and
annoying noise from sources which are subject to the police power of the
City.
To use existing and future regulatory controls such as noise ordinances,
zoning restrictions,conditional use permits,environmental impact reports
and precise plans for the identification,control,and abatement of noise.
To coordinate with Federal,State,County and other governmental
agencies in dealing with noise abatement.
To provide information to the public regarding the potential impact of
various noise sources and methods for abatement.
The Specific Plan is designed consistent with the City's noise standards.
• The Specific Plan EIR includes an extensive analysis of construction and
operational noise impacts,including mitigation measures.
COMMUNITY DESIGN ELEMENT GOALS
1. Provide guidelines for design treatments of public and private buildings _
which are aesthetic yet economically practical.
2. Promote community identity through the upgrading of existing
landscaping,redesign of existing buildings and design treatments for new
buildings,which are in keeping with community character.
3. Enhance the economic stability of the community's commercial and
industrial businesses and encourage the attraction of new enterprises.
Supporting Objectives
To foster community identity and pride through design treatment.
To protect and enhance economic value of properties and encourage
commercial business growth.
Ordinance No.03-0I
February 18,2003
Page 16 of 19
To ensure the proposed development will be properly related to its site and
to surrounding sites and structures;to prevent the erection of structures,
which are inharmonious with their surroundings.
To ensure that sites,projects and structures are developed with due regard
for the aesthetic qualities of the natural terrain and landscape,and that
trees and shrubs are not indiscriminately destroyed.
To ensure that the design and exterior architecture of proposed structures
will not be so at variance with either the design or exterior architecture of
the structure already constructed or being constructed in the immediate
neighborhood as to cause a substantial depreciation of property values in
the neighborhood.
To ensure that open spaces,parking areas,and landscaping are designed to
enhance the visual and physical use of the property and to screen
deleterious uses.
To develop design criteria for all commercial and industrial development,
as well as residential projects of nine or more dwelling units.
The Specific Plan includes community design criteria and architectural standards
that celebrate Azusa's heritage and promote lasting value.
• The Specific Plan has three neighborhoods based on planning principles
that have held value over time.The world-renown landscape architect and
planner,Frederick Law Olmstead,pioneered these principles.The Park
Neighborhood is based on a romantic bent grid network formed around
parks.The Village Core Neighborhood is designed as an activity center
focused around the arroyo and private recreation facility.The Promenade
District is patterned after the great walking streets of the world.Examples
of local communities that were planned around these principles include
Palos Verdes Estates,Beverly Hills,and the Vista Bonita neighborhood of
Azusa.
• In the Park Neighborhood,Village Core,and Promenade District all streets
have parkway separated sidewalks and street trees,and a majority of the
streets open onto parks.These amenities are shared by everyone in the
community.
• Architecture in all the neighborhoods de-emphasizes the garage.The
living portion of the homes are pulled forward toward the street with
outdoor living space such as porches,stoops,and balconies.This
architectural design encourages neighborhood interaction,a pedestrian
lifestyle,and promotes safety by allowing for"eyes on the street."
• The architecture in all three neighborhoods is based on heritage
architecture from the San Gabriel Valley.Examples include Spanish
Colonial,Craftsman,European Cottage,American Traditional,Monterey,
and American Farmhouse.The Specific Plan identifies elements for each
style that make the style accurate and recognizable.The Specific Plan
promotes the"Simple House"concept,which encourages simple plan
forms and elevations that reduce costs while providing authentic
architectural form and massing.
• The Specific Plan includes a landscape vision that celebrates the heritage
of the Nursery.Incorporating botanical garden themes and historic
references to Nursery plantings,the landscaping will be distinct and
spectacular.
HISTORIC PRESERVATION ELEMENT
HEALTH AND WELFARE GOAL
To provide for and maintain a safe,attractive and desirable living environment
and to insure optimum health and well-being for all residents of Azusa.
' Ordnance No.03-01
February 18,2003
Page 17 of 19
Supporting Objective
The aforementioned is the overall prime goal which establishes the
justification for a Historic Preservation Element and all of the following
objectives should be viewed as implementing this goal.
PRESERVATION GOAL -
To preserve valuable natural and man-made resources that have scientific,
educational,economic and cultural value.
Supporting Objectives -
• Evaluate buildings to determine if they can be restored and brought up to
Fire,Health,and Building Code standards.
Develop zoning bonus and development incentives which will serve
preservation.
• Develop an owner awareness program to inform property owners of tax
programs and other preservation techniques.
• Utilize Community Development Block Grants(CDBG)for low interest
loans for preservation.
Pursue inclusion of sites on the National and State Registries of Historic
Sites.
Conduct a community-wide survey to determine appropriate sites for
preservation.
Develop a priority ranking to identify high,medium and low priority for
preservation activities.
• Evaluate capital improvement programs and public services which can be
directed to historic preservation.
Pursue innovative techniques for historic site preservation such as
architectural easements,conservation districts and development rights
transfer.
• Pursue federal and state grants-in-aid for site purchase and enhancement.
Investigate the feasibility of Bond Financing to finance purchase and
enhancement of historical sites.
• Continue to implement provisions in the California Environment Quality
Act(CEQA)requiring investigation and evaluation prior to development
of all archaeological,paleontological,cultural and historical features.
• Monitor proposed state and federal legislation relating to historic
preservation;officially support same when appropriate.
• Pursue private funding sources and programs as highest priority for site
preservation.
• Coordination with,and utilization of,the Community Redevelopment
Agency as a vehicle for preservation activity.
RESTORATION AND ENHANCEMENT GOAL
To restore and enhance historical,cultural and other man-made features.
Supporting Objectives
• Evaluate buildings to determine if they can be restored and brought up to
Fire,Health and Building Code Standards.
• Utilize CDBG for low interest loans for restoration.
• Evaluate Building,Fire and Health Codes to determine where they can be -
relaxed as an incentive to historic site restoration.
• Evaluate capital improvement programs and public services which can be
directed to historic site restoration and enhancement.
• Pursue federal and state grants-in-aid for site purchase and enhancement.
Investigate the feasibility of Bond Financing for purchase and
enhancement of historical sites.
Continue to implement CEQA to identify historical sites and mitigation
measures for preservation and enhancement.
Ordinance No.03-01
February 18,2003
Page 18 of 19
Pursue private funding sources and programs as highest priority for site
restoration and enhancement.
COMMUNITY IDENTITY GOAL
To promote community identification and visual quality.
Supporting Objectives
Identify and preserve sites which are significant in the past development
and economy of the community and which foster the public's awareness of
the cultural make-up of the community.
COMMUNITY INVOLVEMENT GOAL
To encourage opportunities for community involvement and participation.
Supporting Objectives
Develop educational and information programs to make the public aware
of historic sites and preservation activities.
New development should be related to existing development and
historical/cultural resources in scale,material and character in order to
maintain community,neighborhood and block identity.
EDUCATION GOAL
To encourage the educational and cultural enrichment of the residents of Azusa.
Supporting Objectives
Develop public awareness programs(literature,work shops,lecture series,
etc.),to make citizens aware of landmarks and preservation programs.
Utilizing CEQA and the public hearing process,educate and notify the
public of development activities and potential impacts upon historic sites.
PLANNING CONSISTENCY GOAL -
To foster consistency between the various general plan elements and the Historic
Preservation Element.
Supporting Objectives
Evaluate the various general plan elements and zoning for possible
inconsistencies with historic sites and preservation;amend the general
plan where necessary.
The Specific Plan includes measures designed to preserve and celebrate the
Nursery's heritage and cultural resources to the maximum extent practical.
• Historic resources,such as the Covina Canal and the Vosburg House,will
be preserved to the extent feasible.While the potable water in the Covina
Canal will be placed in an underground pipe,the open channel canal
structure will remain and possibly used for storm drain purposes.The
Vosburg House will remain on site and continue to function as Monrovia
1 Nursery's headquarters.The Specific Plan EIR includes an assessment and
mitigation measures for the cultural resources on-site.
The Specific Plan is compatible with surrounding land uses and creates new great
neighborhoods that benefit the entire community.Existing land uses are buffered.
The Dhammakaya is buffered on the west by the Vosburg House;on the south by
a roadway and landscaped detention facility,and on the north and east by a
landscaped slope.The homes backing onto the Nursery in the Nob Hill
neighborhood are buffered by a landscaped drainage course.The homes in
Glendora that back onto the Nursery are buffered by a park and landscaped slopes.
The homes that currently take access from Sierra Madre Avenue will be provided
with a new private driveway.
Ordinance No.03-01
'February" 18,1003
.Page 19 of 19
TheProposedProject will not adversely affect surrounding properties and is
..
reasonable related to the public welfare of the citizens of the City and the affected
.... . ''.-
area:, -
-An Environmental Impact Report with mitigation measures has been prepared.
The mitigation measures serve to prevent adverse impacts on the future homes to
be constructed on the site,surrounding sensitive land uses,and service systems.
- An impact to:surrounding properties,which cannot be mitigated to a less-than-
significant level,is the overall change in visual character of the site from agri-
business to predominately residential. However,a Statement of Overriding
Considerations has been adopted under a separate resolution.
SECTION 2. The Zoning Map of the City of Azusa is hereby amended to reflect the
change in zoning for the property located at 18331 E.Foothill Blvd. from R1-10 and RA to SP-6
for the property,known as the Monrovia Nursery.
SECTION 3. An ER was prepared by the City pursuant to CEQA and its related
Guidelines Section 15168 to analyze potential adverse environmental impacts of the Project
implementation. Significant adverse environmental impacts with regard to air quality,aesthetics,
noise,cultural resources,and utilities and service systems were found.A Statement of Overriding
Considerations has been adopted under a separate resolution.
SECTION 4. The City Clerk shall certify the passage of this ordinance and shall cause
the same to be published in compliance with Division 5,Article 111,Chapter 88 of the Azusa
Municipal Code.
PASSED,APPROVED AND ADOPTED ZsfinaCruz-M2adrid,MAYOR
2003.
Z
EST
CITY CLERK
I HEREBY CERTIFY that the forgoing Ordinance No. 03-01 was subject to a first reading
at a regular meeting of the City Council of the City of Azusa on the 3rd day of February
2003. That thereafter,said Ordinance was duly adopted and passed at a regular meeting of the
City Council on the 18" day of February .2003,by the following vote,to wit:
AYES: COUNCILMEMBERS: Hardison, Stanford, Rocha, Chagnon.
NOES: COUNCILMEMBERS: Madrid
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
i
City Clerk
APPROVED AS TO FORM
City Attorney