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HomeMy WebLinkAboutResolution No. 03-C0090 0 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 1: 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 0 0 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: 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 Impact 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 E 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 1)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`dFebrua, 2003. / Cristina Cruz -Madrid, MAYOR Veia 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 ABSTAIN: OUC7EMBERS: N ne City Clerk U APPROVED AS TO FORM 'A"La. ity Attorney Exhibit A - Conditions of Approval 0 0 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 Project: 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 Final Adopted Version 2/04/2003 0 0 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 colurrm, 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 comrections 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 Caoacity 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 Final Adopted Version 2/04/2003 2 0 0 North Reservoir 3.0 mg Total 22.1mg 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. Final Adopted Version 2/04/2003 3 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 Final Adopted Version 2/04/2003 4 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, Sierra 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 Final Adopted Version 2/04/2003 5 i 0 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, landowner/master 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. Fina] Adopted Version 2/04/2003 6 9 0 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 Final Adopted Version 2/04/2003 7 0 - 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 Siena 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. Final Adopted Version 2/04/2003 8 0 0 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 Final Adopted Version 2/04/2003 9 0 0 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. Final Adopted Version 2/04/2003 10 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 AVE/BENNETT 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. Final Adopted Version 2/04/2003 11 0 0 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. 39. 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 Final Adopted Version 2/04/2003 12 0 0 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 alternative 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. h. 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. Final Adopted Version 2/04/2003 13 0 0 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 Palm 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 mitigation 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 Final Adopted Version 2/04/2003 14 0 0 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, CRI 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 Final Adopted Version 2/04/2003 15 0 0 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 Final Adopted Version 2/04/2003 16 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 EfR. 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 boundary 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 WRI 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 Final Adopted Version 2/04/2003 17 0 0 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. Final Adopted Version 2/04/2003 18 0 0 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 Final Adopted Version 2/04/2003 19 0 0 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 N1 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 Final Adopted Version 2/04/2003 20 F 0 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: Final Adopted Version 2/04/2003 21 0 0 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 Pian 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 EIR. 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 Final Adopted Version 7/04/2003 22 0 0 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 furnish 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. Final Adopted Version 2/04/2003 23 0 0 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. Final Adopted Version 2/04/2003 24 0 0 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 Final Adopted Version 2/04/2003 25 0 r� 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 Final Adopted Version 2/04/2003 26 0 Fire Chief. Further, the installed fuel modification plant pallet 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 0 0 109. 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 permits 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 0 0 117. 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