HomeMy WebLinkAboutResolution No. 06-C117RESOLUTION NO. 06-C117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, APPROVING MINOR USE PERMIT MUP-
2006-27 FOR BUILDING "C" OF THE COMMERCIAL
COMPONENT OF THE FOOTHILL CENTER MIXED USE
PROJECT, LOCATED AT THE SOUTHWEST CORNER OF
ALOSTA AVENUE AND CITRUS AVENUE
WHEREAS, the City Council of the City of Azusa, has given notice thereof as required
by law and held a public hearing on the application of Trachman/Indevco, LLC and Jar
University Commons, LLC with respect to the requested Minor Use Permit MUP-2006-27 for
Building "C" of the commercial component of the Foothill Center Mixed Use Project, located at
the southwest corner of Alosta Avenue and Citrus Avenue; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the
staff report offered in the case as presented at the public hearing; and
WHEREAS, the City Council adopted a Mitigated Negative Declaration regarding the
development of the Project on December 4, 2006.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1: In accordance with City of Azusa Municipal Code Section 88.51.040 and
based on the staff report and other such written and oral evidence as
presented to the City Council regarding the Minor Use Permit, the City
Council finds and determines that:
(a) The proposed use is allowed within the applicable zoning district
and complies with all other applicable provisions of this
Development Code and the Municipal Code.
Per the City of Azusa Development Code, the sale of alcoholic
beverages is permitted in the DU -MU zone with a Minor Use
Permit. There is an undue concentration of ABC licenses for the
sale of alcoholic beverages for off-site consumption in Azusa,
Census Tract #40420 and Azusa Police Department Reporting
District #224 . However, Staff finds that the public convenience or
necessity would be served by the issuance of a Minor Use Permit
for the proposed Building "C" market use. This is based on the
fact that a market selling alcoholic beverages, as a supplement to
their other merchandise, would provide a convenience to the
residents.
Condition of Approval #29b restricts the validity of the Minor Use
Permit to an approved market use. Condition of Approval #29c
Foothill Center Mired Use Project/ITM 68355/CC /ResoMUP2006-27
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states that the hours of operation are 8:00 a.m. to 11 p.m. and
Condition of Approval #29d limits the size of the display of beer,
wine and alcoholic beverages to 1,400 square feet. In addition, per
Condition of Approval #1, the Minor Use Permit would be void if
the market use is not exercised within 24 months of the approval of
the Minor Use Permit. With these conditions, Staff finds that the
public convenience or necessity would be served by the issuance of
a Minor Use Permit.
(b) The proposed use is consistent with the General Plan and any
applicable specific plan.
The proposed Minor Use Permit is consistent with Land Use Goal
4 which calls for a thriving and well balanced business sector in
the Districts through providing dining and retail uses. The
proposed Minor Use Permit would also meet the criteria in Policy
4.2 which calls for the revitalization of the University District.
(c) The design, location, size, and operating characteristics of the
proposed activity are compatible with the existing and future land
uses in the vicinity.
The sale of alcoholic beverages is proposed for Building "C", a
proposed market. The operating characteristics are limited by the
Conditions of Approval: #29b that states the Minor Use Permit is
valid only in conjunction with a market use; 429c states that the
hours of operation are 8:00 a.m. to 11 p.m. and Condition of
Approval #29d limits the size of the display of beer, wine and
alcoholic beverages to 1,400 square feet. In addition, per Condition
of Approval #1, the Minor Use Permit would be void if the market
use is not exercised within 24 months of the approval of the Minor
Use Permit.
(d) The site is physically suitable for the type, density and intensity of
use being proposed, including access, utilities, and the absence of
physical constraints.
The proposed Building "C" is to be located in an existing
commercial retail center which is physically suitable for the
proposed use. A Traffic Study for the proposed project found that
that, based on an analysis of the project volume of traffic, the
levels of service at the intersections and estimated trips generated
by the proposed project, the project will not cause a substantial
increase in traffic in relation to the existing traffic load and the
existing capacity of the street system
Foothill Center Mired Use ProjecvYIM 68355/CC /ResoMUP2006-27
(e) Granting the permit would not be detrimental to the public interest,
health, safety, convenience, or welfare, or materially injurious to
persons, property, or improvements in the vicinity and zoning
district in which the property is located:
Granting the permit will be consistent with the General Plan goals
and policies by providing a service in the University District.
Restrictions through the Conditions of Approval assure that the use
will be operated safely and will not harm persons or property in the
immediate vicinity.
Additional Criteria to be considered with Alcoholic Beverage Sales
(f) The nature and use of real property within 500 feet of the use, and
in particular, the location of similar nearby uses and the location of
residences, parks, schools, and religious facilities;
The residential component of the proposed project, located at the
southwest corner of the project site is within 500 feet of Building
"C", the market. This will provide a convenience to the residents.
There are no schools or parks within 500 feet of the market.
(g) Appropriate measures to provide proper maintenance of the
building exterior, including keeping the premises free of junk,
litter, and debris;
Conditions of Approval require the premises to be maintained in a
clean and acceptable condition at all times. All buildings and walls
shall be maintained in good repair at all times. Any offensive
markings shall be removed immediately. Any graffiti shall be
painted over within forty-eight (48) hours to match existing wall in
color and tone.
(h) Lighting of exterior areas, including parking lots, to discourage
loitering activities outside of the buildings;
Adequate lighting is provided in the existing parking lot on the
north and east sides of the existing building.
(i) Protection of persons residing on or using adjacent properties from
noise, illegal activity, odors, and undue light and glare;
The Conditions of Approval for the project include noise and
lighting mitigation for the site.
(j) Provision of onsite security, both inside and outside the building,
to satisfy any concerns raised by the Police Department;
Foothill Censer Mired Use ProjecU9"PM 65355/CC/ResoMUP1006-27
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The Police Department has reviewed the proposed project and does
not have any specific requirements for the proposed use.
(k) Adequacy of off-street parking provided for the use;
Per the Traffic Study, prepared for the Initial Study, ample parking
is provided in the existing commercial retail center.
(1) Hours of operation;
Per Condition of Approval #29c, the hours of sales of alcoholic
beverages is limited to 8:00 a.m. to 11:00 p.m.
(m) Controls on occupancy limits inside the building and loitering
outside of the building;
The Building Division and the Los Angeles County Fire
Department will determined the occupancy limits of the proposed
market. The Police Department and the Los Angeles County Fire
Department are responsible for enforcing the limits.
(n) Prevention of adverse effect of the use on value of adjacent
properties; and
The sale of alcoholic beverages for off-site consumption in the
proposed Building "C" market will not adversely affect the value
of adjacent properties since the adjacent building are part of the
existing center and the properties next to the center. Mll benefit
from a refurbished center.
(o) Whether approval would result in an undue concentration of these
uses, and whether public convenience or necessity would mitigate
the issue of undue concentration.
The addition of another license for the sale of alcoholic beverages
for off-site consumption will increase the undue concentration,
however, Staff finds that the public convenience or necessity of the
proposal will mitigate the issue.
Section 2. This Resolution shall take effect immediately upon its adoption.
Section 3. The Mayor shall sign this Resolution and the City Clerk shall attest and
certify to the passage and adoption of this Resolution.
Foothill Center Mtxed Use PmiecvTTM 68355/CC /ResoMUP2006-27
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PASSED AND ADOPTED this 4`h day of December, 2006.
Diane Chagnon, Mayor
ATTEST:
i
V re a Mendoza, City Clerk
I HEREBY CERTIFY that the foregoing Resolution No. 06-C117, was duly passed,
approved and adopted at a regular meeting of the City Council of the City of Azusa, held on the
4`' day of December, 2006, by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Vera 14eodoza, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
City Attorney
Foo[hd1 Center Mired Use Protec[/TTM 683551CC/ResoMUP2006-27
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Exhibit "A"
Final Conditions of Approval - City Council - I [/41UO
Case No: TPM 68355, ZCA- 222, Z-006-01, DR 2006-02, DR 2006-103, MUP 2006-27
Address: Foothill Center - SAN corner of Alosta &.Citrus Avenue
A.P.N.: 8624-071-021.8624-021-018: 8624-021-
Proiect: Phased Mixed Use Development consisting of the following entitlements:
Development Agreement and Owner Participation Agreement to allow a phased
mixed use development; Tentative Parcel Map to subdivide three commercial
parcel into I I commercial parcels, one roadway (Fenimore Avenue extension)
and to create 102 residential condominium units. A Zoning Ordinance
Amendment — Development Code Text Amendment to establish the Foothill
Center Overlay Zone, which would allow alternative development standards for
the Foothill Center and Zone Change from DU -MU- to DU-MU(FC). Design
Review of the proposed refurbishing of the existing retail commercial center
including demolition of approximately 72,000 square feet of tenant space and
construction of approximately 58,000 square feet of new tenant space. Design
Review of the residential townhome component of the phased mixed use
project. A Minor Use Permit to allow the sale of beer, wine and distilled
alcohol for off-site consumption in Building •'C" fora proposed market.
These conditions of approval shall be printed on or attached to working)
drawings submitted to the Building Division for approval: nCi =,n, :• r
A. All requirements of the Planning Division shall be` Met;'incltiding buuirRot
limited to the following: " „ r.;:•
1. The Tentative Tract Map, the Design Reviews, and the Mirior'Use(T6rmlt
shall be exercised within twenty-four (24) months after their. '.- - o aI or
said permits shall expire and be subject to revocation, unless;an,e,xtension
of time is approved in compliance with Section ,88.52.040 iof-1he
Development Code. The permit shall not be deemed "exercised'; untii:the
applicant has obtained a building permit or, has commeneed�operatlonof
the use for projects not requiring building permits:
2. All applicable Building Division and Fire Department requirements shalPbii ,
met at all times.
3. All construction and uses shall be in substantial conformance' with -the
approved plot plan and elevations, as modified pursuant to the conditions
listed herein.
4. Prior to submitting Commercial Development Component construction'
plans for Building Division plan check, applicant shall submit a revised slte
plan to the Planning Division for review and approval. The'revisedi site Ilan
shall show compliance with all applicable zoning standards and,.reflectthe
following conditions:
P:\I Planning\Entitlements\t 2 - Deslgn Review\2006\DR-2006-02. MUP 2006-01 FoothlilCenter%CC\FinaiCCExhlb,itTAdoci.
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TPM 68355, ZCA-222, Z-2006-01
December 4, 2006
Page 2 of 20
5.
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DR 2006-06, DR 2006-1 D3, MUP 2006-27
a.. Revise the Site Plan to be consistent with the Tentative Tract Map.
b. Trash enclosures shall be provided and constructed to City of
Azusa standards, consisting of decorative masonry block walls
and solid steel gates. Enclosure location must be approved by the
local trash contractor.
C. The drive aisle south of the Taco Bell drive-thru entrance shall be
one-way with a stop sign installed, per the requirements of the
City Engineer or 2 -way if approved by the City Engineer. -.
d. At least 533 parking spaces shall be provided and maintained in:
accordance with Chapter 88.36 (Parking and Loading) of the
Development Code.
e. All new roof equipment shall be screened to the satisfaction of the
Planning Division.
F. Show a detail of the landscaped area on the west side of the
theater building.
g. Show the proposed location of the Taco Bell drive-thru lane curbs
and the distance between the outside curb and the proposed ,,;:,
planter.
h.. On the southern property line, provide landscaping between. the
parking and the perimeter wall.
Three sets of Commercial Landscape and Irrigation plans shall be
submitted to the Planning Division for review and approval. Said plans!shall
be 24" by 36" and in compliance with City of Azusa landscape design
standards. Location and percentage of landscaping, plant material and
quantities of each, plant and planter box sizes, and design of an automatic
irrigation system with detailed cross-sections shall be clearly indicated.
[Note: Do not submit these plans with building plan check. Plans must be
submitted directly to the Planning Division. The applicant is made aware
that the Parks Division will be routed two sets of plans. Please allow 2-3
weeks for review]. The number of parkway trees, if any, shall be
determined by the Parks Division.
The Landscape plans shall include:
a. The location of all new and existing light poles/standards..
b. Provide a legend identifying which symbols represent trees,
bushes and pots.
C. Identify which trees are new and which are existing/remaining. -
d. At the Citrus Avenue entrance, between Citrus Pad 18. 2, show'
and retain the existing large trees at the entrance and the trees, on
south side of the entrance drive aisle if possible.
Prior to submitting for Building Division plan check of the Residential
Component, the applicant shall submit revised residential elevations and
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December 4, 2006
Page 3 of 20
site plan to the Planning Division for review and approval.. The revised
plans shall show compliance with all applicable zoning standards and reflect
the following conditions:
a. Revise the Site Plan to be consistent with the Tentative Tract Map
b. At least 256 parking spaces shall be provided and maintained in
accordance with Chapter 88.36 (Parking and Loading) of the
Development Code.,
c. On the flat -roofed, Plan 3 elevation,. extend the brick veneer to
the entire wall surface of the front elevation.
d. On the I Plan elevation with the rock veneer, increase the height
of the rock veneer to the height of the porch roof.
e. Provide a detail of proposed awnings, pot shelves, and balconies.
f. Add architectural details, such as pot shelves and balconies to the
revised rear elevations.
8. Three sets of Residential Landscape and Irrigation plans shall be
submitted to the Planning Division for review and approval. Said plans shall
be 24" by 36" and in compliance with City of Azusa landscape design
standards. Location and percentage of landscaping, plant material and
quantities of each, plant and planter box sizes, and design of an automatic
irrigation system with detailed cross-sections shall be clearly, Indicated.
[Note: Do not submit these plans with building plan check. Plans must be
submitted directly to the Planning Division. The applicant is made aware
that the Parks Division will be routed two sets of plans. Please allow 2-3
weeks for review]. The number of parkway trees, if any, shall be
determined by the Parks Division.
9. The Landscape plans shall include:
a. A walkway connection from the west side of Fenimore Avenue to
the mailboxes on the east side of Fenimore Avenue
b- On those units with a street sideyard on Fenimore Avenue,
provide a detail, for review and approval of by the Planning
Division, showing additional landscape material to provide
additional buffering between the side of the residential units and
the sidewalk.
C. Trash enclosures shall be provided and constructed to City of
Azusa standards, consisting of decorative masonry block walls
and solid steel gates.. Enclosure location must be approved by the
local trash contractor.
d. Reduce the height of the proposed monument to a pedestrian
friendly height, to be approved by the Planning Division.
e. Provide vine pockets at rear of buildings, between the garage
doors.
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December 4, 2006
Page 4 of 20
10. Parking of vehicles on areas other than paved surfaces or in garages is
prohibited.
1 1.. Parking spaces shall be clearly outlined with four -inch wide lines painted on
the parking surface. The striping and identification shall be continuously
maintained in a clear and visible manner. Changes to parking space or lot
striping shall require the prior approval of a re -striping plan by the Director.
12. Each parking and loading space shall be permanently and continuously
available, marked, and maintained for parking or loading purposes for the
use it is intended to serve.
13,. The existing wireless communication tower shall be redesigned as a stealth
tower, as approved by the Planning Division.
14. All equipment associated with a communication facility shall be removed
within 30 days of the discontinuance of the use and the site shall be
restored to its original pre -construction condition, to the approval of the
Director. The service provider shall provide the City with a notice of intent
to vacate a site a minimum of 30 days before site vacation. A private lease
for a facility located on private property is encouraged to include terms for
equipment removal, since the property owner shall be ultimately
responsible for removal of the equipment.
15. Landscaping shall be adequately maintained at all times including, but not
limited to, irrigation, weeding, and/or replacement when necessary.
16. Before final building Inspection or the issuance of a certificate of
occupancy, and before the recordation of a final subdivision map where
applicable, the applicant shall enter into a landscape maintenance
agreement with the City to guarantee proper maintenance in compliance
with Subsection 88.34.,070 of the City of Azusa Development Code.. The
form and content of the agreement shall be approved by the City Attorney
and the Director of Economic and Community Development.
17- The premises shall be maintained in a clean and acceptable condition at all
times. All buildings and walls shall be maintained in good repair at all
times. Any offensive markings shall be removed immediately. Any graffiti
shall be painted over within forty-eight (48) hours to match existing wall in
color and tone.
I8. All trash enclosures(s) shall be maintained in good and operating repair at
all times. The storage of any and all trash other than the trash storage area
or higher than the screened walls around said storage area is prohibited.
Dumpster(s) are to remain in enclosure(s) at all times, except when being
services by the disposal company.
19. Applicant shall provide and maintain litter receptacles outside of the
businesses and be responsible for keeping the receptacle and the area
around it clean and free of excess trash or debris at all times.
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December 4, 2006
Page 5 of 20
20. Outside storage of any and all materials, goods, etc., is absolutely
prohibited..
21. A Master Sign Plan is required for the Commercial component.
22. All new illuminated sign and parking lot lighting shall be located, aimed
and/or shielded to prevent lights from shining or reflecting on adjacent
property.
23. All new signs require separate sign permits, and must comply with those
sign regulations set forth in Chapter 88.38 (Signs) of the Development
Code or the Master Sign Plan to include restrictions on sign area, sign
types, sign materials, and sign height.
24. Signs shall not be placed on the public right-of-way. Those projections over
the existing or proposed public right-of-way shall meet the State of
California Encroachment requirements..
25. Portable signs on the property are prohibited.
26. Temporary signs on the property shall meet all requirements of Chapter
88.38 (Signs) of the Development Code.
27. Enclosing of any patio structures by means of screens, glass, walls, etc., is
absolutely prohibited, unless permitted under a separate Planning Division
approval.
28. All handling and storage of hazardous waste, materials, or chemicals shall
be in accordance with all applicable State, Federal, or local laws.
29. Conditions of Approval for Minor Use Permit MUP 2006-27 shall
include:
a. The Minor Use Permit is for the sale of beer, wine and alcohol, for
off-site consumption, in Building "C" of the Foothill Center, a
market use.
b. The Minor Use Permit is valid in conjunction with a market use
only; If the market use is not exercised within 24 months, the
MUP shall become null and void.
C. The hours of operation are 8:00 a.m. to 11:00 p.m.
d. The area allowed for the display of beer, wine and alcohol is
limited to 1,400 square feet.
30. All requirements of the State Department of Alcoholic Beverage Control
(ABC) shall be met at all times. Should the ABC license. be revoked,
subject Minor Use Permit shall automatically be scheduled for revocation.
31. The Applicant, or successor in interest, shall construct Fenimore Avenue
and the City shall accept the street prior to the issuance of any
residential occupancy permit.
32.. A Homeowner's Association shall be established for the residential
component of the project.
33. A separate Declaration of Covenants, Conditions, and Restrictions
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TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27
December 4, 2006
Page 6 of 20
(CC&R's) for the residential component shall be submitted to and
approved by the Economic and Community Development Director, prior
to the issuance of any residential occupancy permit.,
34. The Homeowner's Association shall remove any offensive markings
immediately and any graffiti shall be painted over within forty-eight (48)
hours to match existing wall in color and tone.
35. During demolition and construction, a construction fence shall be
erected around the residential construction site, per the requirements of
the Planning Division.
36. A large notification sign, size and design to be approved by the Planning
Division shall be shall be prominently posted at both the commercial
component area and the residential component area listing:
(i) The allowable hours of construction, per the City of Azusa
Development Code and the Mitigated Negative Declaration;
(ii) The contact information (Name, address & phone number) of
whom to contact person with complaints;
(iii) The general timeline of expected demolition and construction.
37. Prior to the issuance of demolition permits, the Applicant shall notify, via
mailing notice and signage on the project site, the property owners
within 500' of the entire commercial and residential site, of the date and
time of demolition and of the types of equipment and methods to be
employed..
38. The Applicant shall submit a dust and debris mitigation plan to
Engineering Division and Building Division for review and approval, prior
to the issuance of any grading, demolition, or construction permit,
39. Prior to the issuance of building permits, the Applicant shall notify the
property owners within 500' of the entire commercial and residential
site, via mailing notice, of the allowable hours of construction, per the
City of Azusa Development Code and the Mitigated Negative
Declaration; the contact information (Name, address &. phone number)
of the person to call regarding complaints; and the general timeline of
expected demolition and construction.
40. Pavement breaking, demolition, equipment operation /maintenance and
heavy material handling activities shall only be allowed between the
hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. No
construction activities allowed on Sundays and National Holidays .
41 . The following Mitigation Measures of the Mitigated Negative Declaration
shall be implemented:
a.. The developer shall construct and maintain a solid block wall of
minimum height eight feet along the south and west boundaries
of the project site between the proposed townhouses and
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December 4, 2006
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adjacent residential uses (AES -1).
b. All new outdoor lighting shall comply with Section 88.31.030 —
Outdoor Lighting of the Azusa Development Code. Prior to the
issuance of building permits, the developer shall submit a
comprehensive lighting plan that shows compliance with these
requirements and obtain approval of such plans from the Director
of Economic and Community Development (AES -2).
C. The developer/permittee shall ensure that all architectural coatings
comply with SCAQMD Rule 1 1 13, and will provide the City with
an architectural coatings plan prior to the beginning application
that demonstrates the average VOC content of all architectural
coatings will be 125 g/I or less (AIR -1.
d. The developer/permittee shall ensure that all heavy construction
equipment used in the development of the proposed project Is
equipped with a lean-NOx catalyst or a diesel oxidation catalyst
(AIR -2).
e. All equipment shall be properly tuned and maintained. A vehicle
maintenance log will be available on site at all times for inspection
by a City representative (AIR -3).
f. The developer/permittee shall water excavated soils and
stockpiles of excavated dirt at least twice a day or as often as
necessary to eliminate nuisance dirt (AIR -4).
g. The developer/permittee shall install temporary dust screens along
the perimeter of the project site to prevent nuisance dust from
leaving the project site (AIR -5).
h.. The developer/permittee shall locate stockpiles and active
construction areas as far from adjacent land uses as possible. The
dirt stockpiles shall be covered to reduce dust migration. (AIR -6)
I. The developer/permittee shall outfit diesel -powered construction
equipment with diesel particulate traps (AIR -7)..
j. During demolition and grading activities, the concrete slab in the
vicinity of both the Mr. Dryclean facility and the former
drycleaning machine shall be tested for the presence of PCE by a
Registered Environmental Assessor (REA) and according to the
results, disposed of in compliance with all applicable county,
state, and federal regulations. The developer shall provide the
City with written evidence of such compliance (HAZ-1)
k. During grading activities in the vicinity of both the Mr. Dryclean
facility and former drycleaners, the soil beneath the Mr. Dryclean
facility building footprint and beneath the proposed building at
this location and under the former dry cleaners, shall be excavated
TPM 68355, ZCA-222, Z-2006.01, DR 2006-06, DR 2006-103, MUP 2006-27
December 4, 2006
Page 8 of 20
to a minimum of 7 feet below the ground surface, and possibly
deeper, if warranted based on field observations (i.e. staining or
odors). A REA shall be present during the time of soil excavation
to determine if excavation deeper than 7 feet below the ground
surface is required and to perform air monitoring with a photo -
ionization detector (PID). The monitoring with the PID shall be
performed In accordance with SCAQMD Rule 1 166 to determine
whether soils may be reused on site. If PID readings are less than
50 parts per million by volume (ppmv), then the excavated soil
may be reused on site. If the PID readings are greater than 50
ppmv, then the excavated soil shall need to be disposed of at an
off-site facility in compliance with ail applicable federal, state and
county regulations (HAZ-2).
1. Prior to issuance of building permits, the developer/permittee shall
demonstrate noise levels from HVAC units will not exceed the
City's Noise Ordinance. This may be achieved by either: 1)
constructing 4 -foot -high barriers around all HVAC units within 95
feet of adjoining residential property lines, such that the direct line
of sight from the HVAC unit to all property lines within 95 feet is
blocked; ii) mounting HVAC units on proposed building roofs,
provided that HVAC unit shall be positioned at least 10 feet from
the nearest building edge; iii) using HVAC units that have an ARI
sound level rating of 70 dBA or less; or iv) using other insulation
or construction techniques that can effectively achieve City noise
standards to the satisfaction of the Building Official (NOI-1)
m. Pavement breaking, demolition, equipment
operation/maintenance and heavy material handling activities shall
only be allowed between the hours of 8:00 a.m, and 5:00 p.m.,
Monday through Saturday. No construction activity allowed on
Sundays and National Holidays. (NOI-2).
n. The contractor and all vendors, suppliers, or subcontractors who
operate construction equipment shall have a regular maintenance
and lubrication program for their equipment available at the
construction site for verification in the event of a noise complaint
(NOI-3).
o. All construction equipment operated by the contractor, vendors,
suppliers, or subcontactors shall be equipped with manufacturer -
approved exhaust mufflers or better (NIO-14)
42. If it becomes necessary for the City to take any legal action or commence
any administrative proceedings against the applicant or any successor in
interest in order to enforce any of the conditions of approval set forth
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December 4, 2006
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herein, the City shall recover From the applicant or successor in Interest
reasonable attorneys' 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.
44. The applicant or successor in interest 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 applicant or successor in interest shall reimburse the City for
all reasonable attorneys' fees and other reasonable costs incurred by the
City in defending such action or proceeding.
45. By accepting approval of the Land Use Entitlements subject to the
conditions set forth herein, the applicant or successor in interest 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.
46- All maps shall be submitted in digitized form to the Engineering Division
prior to and upon approval of the final maps by the City Council.
47. Any changes to the conditions listed above must be approved by the City
Council -
48.. The applicant shall continue to work with the adjacent residential property
owners to address the drainage and wall concerns.
49.. A supplemental traffic study of the intersection of Alosta Avenue and the
Fenimore Avenue extension shall be presented to the City Council for their
review.
50. Parking on Fenimore Avenue, between Haltern Street and Alosta Avenue,
shall be restricted to guest parking and subject to time limitations. No
parking is allowed on Fenimore Avenue, between Haltern Street and
Alosta Avenue between the hours of 2 a.m. and 6 a.m. Temporary
overnight parking is allowed on Fenimore Avenue between Haltern Street
and Alosta Avenue with a permit from the City of Azusa Police
Department. Parking for long-term visitors and guests shall be treated as
owners/tenants-.
51. With regard to the north end of the residential component, the Developer
shall work with staff to maximize the privacy of the existing property
owners, on the west property line adjacent to the townhomes, through
additional landscaping, change of window locations or balcony redesign.
B. All requirements of the Recreation and Parks Department shall be met,
including but not limited to the following:
I . No work within the public right of way shall be commenced without first
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December 4, 2006
Page 10 of 20
obtaining a public works permit.
2. Landscape and irrigation plans shall show locations, quantities, sizes,
and types of plant materials, as well as design of an automatic irrigation
system. No final release from this department shall be granted until
these plans have been approved..
I. Park and Recreation in -lieu fees shall be paid in accordance with Azusa
Municipal Code Section 66-5.
C. All requirements of the Building Division shall be met, including but not
limited to the following:
Commercial Component
1. Review is based on construction plans dated 9/22/06 and Tentative
Parcel Map dated 9/14/06..
2. Applicant shall conform to the 2001 Uniform Building Standards Codes
incorporating the State of California 2001 Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, and the 2004
California Electric Code, and all applicable Azusa Municipal Ordinances.
3 All plan check fees shall be paid at the time of plan check submittal.
Once plan check is completed and approved, applicant shall be
responsible to pay in full all other appropriate development fees (i.e.
school district fees, water reimbursement, park fees) prior to issuance of
any building permit.
4. Electrical, mechanical, plumbing plan check fees are required.,
5. Energy plan check fees are required.
6. Applicant shall submit 3 copies of foundation, framing, floor and
elevation plans for plan check.
7. Structural, architectural, electrical, mechanical, plumbing plans shall be
designed by a State of California Registered Engineer, or a State of
California Registered Architect.
8. Applicant shall submit 3 copies of structural calculations simultaneous
with the construction plans. .
9. Applicant shall submit 3 copies of energy calculations simultaneous with
the construction plans.
10. Electrical, mechanical, plumbing plans shall be submitted for plan check
simultaneous with the construction plans.
11 Applicant shall submit 3 copies of soil report simultaneous with the
construction plans.
12. Prior to issuance of a permit; the applicant shall submit approval from
the Los Angeles County Health Department, the Los Angeles County Fire
Department, South Coast Air Quality Management District (SCAQMD).
13. Applicant recognizes that approval granted is for planning and zoning
only and the owner is obligated to meet all applicable Building Division
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DR 2006-06, DR 2006-103, MUP 2006-27
requirements.
14. Property falls within an area of potential earthquake induced
Liquifaction, Landslides or both. A site-specific Geologic investigation
must be'conducted for the property. The site -investigation report must
be prepared by a certified engineering geologist or registered engineer
who must have competence in the field of seismic hazard evaluation and
mitigation. The geologic report must be submitted to the Department of
Community Development for review. Plan review fees will based on
actual costs with a minimum deposit of $1,000,.00 due when the report
is submitted.
15. Plans as submitted are not acceptable for Building Division submittal.
Residential Component
1. Applicant shall conform to the 2001 Uniform Building Standards Codes
incorporating the State of California 2001 Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, and the 2004
California Electric Code, and all applicable Azusa Municipal Ordinances.
2. All plan check fees shall be paid at the time of plan check submittal.
Once plan check is completed and approved, applicant shall be
responsible to pay in full all other appropriate development fees (i.e.
school district fees, water reimbursement, park fees) prior to issuance of
any buildine permit.
3. Electrical, mechanical, plumbing plan check fees are required.
4.. Energy plan check fees are required.
5. Applicant shall submit _3_ copies of foundation, framing, floor and
elevation plans for plan check.
6. Structural, architectural, electrical, mechanical, plumbing plans shall be
designed by a State of California Registered Engineer, or a State of
California Registered Architect.
7. Applicant shall submit _3 copies of structural calculations
simultaneous with the construction pians.
8. Applicant shall submit _3_ copies of energy calculations simultaneous
with the construction plans.
9. Electrical, mechanical, plumbing plans shall be submitted for plan check
simultaneous with the construction plans.
10. Applicant shall submit _3_ copies of soil report simultaneous with the
construction plans.
1 1. Property shall be surveyed by a State of California Licensed Surveyor and
the report shall be submitted simultaneous with the construction plans.
12. Prior to issuance of a permit, the applicant shall submit approval from
the Los Angeles County Fire Department.
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December 4, 2006
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13. Applicant recognizes that approval granted is for planning and zoning
only and the owner is obligated to meet all applicable Building Division
requirements.
14. Plans as submitted are not acceptable for Building Division submittal.
15. Project must comply with SB 1025.
16. Project requires an Acoustic Study.
17. Third floor area shall not exceed 500 square feet unless a second exit is
provided (see Section 207 C.B. C.)
D. All requirements of the Water Division shall be met, including but not limited
to the following:
I. Will require an approved backflow device.
2. Will require installation of new water mains. Water and fire service to
meet specifications and requirements to the satisfaction of Azusa Light
& Water Department. The Azusa Utility will, at its cost, replace all water
mains on or off-site at the existing size and standard. The Developer
shall pay incremental increased charges if needed to meet fireflow
requirements.
3. Plan Check is required.
4. Other than explicitly provided in these conditions, the owner or project
applicant: shall take sole responsibility for costs incurred due to any
modification, relocation or alteration of existing water facilities caused
by this project to the satisfaction of the Light and Water Department.
5. This project is subject to Ordinance 96-08, Chapter 78-471 through
477 entitled, City of Azusa Municipal Code entitled "Water System
Development Fee". This condition shall be satisfied prior to the final
plan approval by the Building Division.
6. This project is subject to Ordinance No. 92-030, Chapter 78, Article VI,
and Division 6 of the City of Azusa Municipal Code, entitled "Water
Conservation Plan.." This includes the installation of water saving
devices, such as ultra low -flow toilets (1.6 gallons), and participation in
the retrofitting of existing housing units.
7. Submit water plan to Azusa Light and Water Department for approval.
9. Land Use Category
Residential- single family unit 102 units Cad $1.528A 2.90/DU
Commercial $0.70/S
E. All requirements of the Light Division shall be met, including but not limited
to the following:
1. Notwithstanding anything to the contrary, Azusa Utility may enter into
a loan agreement with the Redevelopment Agency to pay for the
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December 4, 2006
Page 13 of 20
extension of them distribution line from 5ib Street and Cerritos Avenue
to the project site. Electric services for entire project site shall be
served from City of Azusa - Azusa Light &. Water. Project developer
owner shall make arrangement with Azusa Light & Water for electric
utility services required at project site. Extensive underground electric
line rebuilding including new underground electric distribution system
are required to be furnished and installed by project developer or
owner. Project developer or owner is also directed to make separate
arrangernents with owners of other affected utilities for any
underground conversion of their services prior to issuance of any
building permits. All electric services shall be installed underground.
Design or methods of construction shall be in accordance with
specifications and requirements of Azusa Light &. Water. Property
owner shall furnish and install all electric facilities required by Azusa
Light & Water, necessary to receive electric utility service. This may
involve an underground electric system from Alosta Avenue, Fenimore
Avenue and Citrus Avenue. The new electric facilities may include but
not limited to concrete encased underground conduits,
vaults/manholes, transformer pads, roadway lighting, 2" conduit for
telecommunication purposes, and other electric related structures
required to complete service installations.
2. In addition to furnishing and installing underground electric
substructures, the property owner or project developer shall pay to
Azusa Light &. Water all utility related fees and charges required by
Azusa Light &. Water.. These fees or charges may include but not 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.
3. Project developer or owner shall submit for review the following plans
to Azusa Light & Water, prior to determining method of services or
layout of electric distribution system at project site. Project plans
required for submittal are as follows:
a) site survey, grading plan & site plan
b) roadway improvement plans including non -pressurized
underground utilities
c) electric service desired including electrical load calculation and
single line diagram
d) proposed locations of above ground transformer pads.
4. Existing electric facilities shall remain until replacement underground
electric system is installed and accepted by Azusa Light & Water. Any
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December 4, 2006
Page 14 of 20
relocation, modification, or alteration of existing, on-site electric
facilities arising from project improvement plans shall be installed
underground at sole cost and expense of project developer or owner.
All existing electric facilities will be retained and shall be accessible
before, during, or after construction of new buildings or site
improvements. In order to maintain continuity of existing services to
remaining buildings, replacement electric facilities as per requirements
of Azusa. Light & Water, shall be pre-installed by owner/project
developer for those existing electric facilities affected by site
improvements.
5. Existing electric easements shall be retained or relocated acceptable to
Azusa Light & Water Department. No new structures, buildings, or
Facilities shall be constructed or installed directly above existing
underground electric facilities. Property owner shall grant an
underground electric easement to Azusa Light & Water for new
underground electric facilities. Easement document shall be prepared,
duly signed by property owner in the prescribed form and shall be
submitted by owner to Azusa Light & Water for acceptance and
recording no later than the time to energize any of the new electric
services. New electric easements will be required to be recorded prior
to the sale of any portion of the entire parcel or relocate electric
facilities as per requirements of Azusa Light &. Water..
G. 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, owner or project developer shall
coordinate and resolve with City of Azusa - Planning Division, any
issues relating to visual impacts arising from installation of outdoor
above ground electric utility equipments.
7. Public roadway lighting facilities within the frontage of the proposed
project site along Fenimore Avenue shall be furnished and installed by
property owner or project developer. Roadway lighting plans shall be
prepared and submitted to Azusa Light & 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 & Water. The property owner or project
developer shall work with City of Azusa to install street lighting system
that balances attractiveness of decorative lighting with safe roadway
illumination along project site perimeter at Fenimore Avenue. Private
roadway lighting within the project site shall be served from a metered
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December 4, 2006
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electric service. Ownership, operation and maintenance of private
lighting facilities shall be at the sole cost and expense of owner or
project developer. Private roadway electrical lighting plans will require
approval from City of Azusa - Building Inspector. Lighting plans shall be
incorporated and be made part of roadway improvement plans.
8 Prior to issuance of final release for occupancy of any residential or
commercial units, the owner or project developer shall comply with
requirements of Azusa Light 8. Water.
F. All requirements of the Fire Department shall be met, including but not limited
to the following, or such other conditions as may be approved by the Fire
Department:
I .. Access shall comply with Section 902 of the Fire Code which requires all
weather access. All weather access may require paving.
2. Fire department access shall be extended to within 150' feet wide of any
exterior portion of all structures.
3. Where driveways extend further than 150 feet and are of single access
design, turnarounds suitable for fire protection equipment use shall be
provided and shown on the final map. Turnarounds shall be designed,
constructed and maintained to insure their integrity for Fire Department
use. Where topography dictates, turnarounds shall be provided for
driveways which extend over 150 feet.
4. The private driveways shall be indicated on the final map as a "Private
Driveway and Firelane" with the widths clearly depicted and shall be
maintained in accordance with the Fire Code. All required fire hydrants
shall be installed, tested and accepted prior to construction.
5. Provide Fire Department or City Approved street signs and building
address numbers prior to occupancy.
6. The building construction plans shall be submitted to the Fire
Department's Glendora Fire Prevention Office for review. Additional
access requirements may also be addressed at this time.
7. Provide water mains, fire hydrants and fire flows as required by the
County of Los Angeles Fire Department, for all land uses shown on map
which shall be recorded.
8. The required fire flow for public fire hydrants at this location is 3750
gallons per minute at 20 psi for a duration of 3 hours, over and above
maximum daily domestic demand. 2 hydrants flowing simultaneously
may be used to achieve the required fire flow.
9. Fire hydrant requirements are as follows:
a. Install t8 public fire hydrants
b. UpgradeNerify 2 existing public fire hydrants
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December 4, 2006
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C. Relocate 6 existing public fire hydrants
I0. All hydrants shall measure 6"x4"x2 'h" brass or bronze, conforming to
current AWWA standard 0503 or approved equal. All on-site hydrants
shall be installed a minimum of 25 feet from a structure or protected by a
two (2) hour rated firewall.
a. Location: as per map on file with the office.
b. Other location: Refer to the approved map for fire hydrant
locations.
1 I. All required fire hydrants shall be installed, tested and accepted or
bonded for prior to Final Map approval. Vehicular access must be
provided and maintained serviceable throughout construction.
12.. Additional water system requirements will be required when this land is
further subdivided and/or during the building permit process.
13. Upgrade not necessary, if existing hydrants meet fire flow requirements.
14. Submit a minimum of four (4) copies of the water plan indicating the fire
hydrant locations to the Department's Land Development Unit for review.
Submit the original copy of the Fire Flow Availability Form (form 196) for
the existing public fire hydrants to the Fire Department's Land Use
Development Unit for review. The fire flow is based on the proposed
structure being fully fire sprinklered.
15. On Fenimore Avenue, parking is permitted on both sides of the street
with the width of 36 feet, to be measured from the curb -flow -line to curb -
flow -line.
16. On Fenimore Avenue, parking is not permitted on neither side of the
street with the width of 30 feet, to be measured from curb -flow -line to
the curb -flow -line. Both sides of the street shall be posted "No Parking—
Fire Lane."
17. For the multi -family development (Parcel 12 &. 13), where parking is not
permitted, provide a minimum unobstructive driveway width of 26 feet,
with the driveway to be posted "No Parking— Fire Lane."
18. As noted on the tract map, provide a gate with a Knox Box to be located
on both sides of the gate (Parcel 13). Then minimum gate width is
required to be 26 feet, with all gate accessory hardware is out of the
access way when fully open.
19. For Parcel 8, For the one-way traffic, provide a minimum unobstructive
driveway width of 20 feet, with the driveway to be posted "No Parking —
Fire Lane".
20. For Parcel.8, for the driveway between proposed Buildings A &. B, provide
a minimum unobstructive driveway width of 26 feet, with the driveway to
be posted "No Parking— Fire Lane". This driveway may be blocked off at
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December 4, 2006
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each end to function as a pedestrian walkway, with the use of either a
gate or mechanical bollards. The mechanical Bollards shall be activated at
the Knox Box, which is required to be located at each end of the
driveway.
21. Provide a minimum unobstructive driveway width of 26 feet, with the
driveway to be posted "No Parking—Fire Lane" in Parcel 10, as noted by
the Fire Department.
G. All requirements of the Engineering Division shall be met, including but not
limited to the following:
1.
Applicant is required to design, engineer and construct the extension
of Fenimore Avenue to Alosta Avenue, including any traffic channeling
measures that may be required to prevent left turn onto Alosta Avenue
from Fenimore Avenue.
2.
Applicant is required to design, engineer and construct a new sidewalk
along Fifth Street and Alosta Avenue, to connect the existing sidewalk
on Fifth Street to Citrus Avenue.
3.
Project applicant has submitted Traffic Analysis Report to the
Engineering Division for review. The methodology and findings are
satisfactory to this Division. Applicant shall comply with
recommendations contained therein.
4.
Obtain written approval or stamped approval of Los Angeles County
Fire Department for access and roadways.
5.
Submit Grading and Drainage Plan with Soil Report to Engineering
Division for approval.
6.
Submit Hydrology Report for approval of the Engineering Division; with
analysis of need for on-site retention.
7.
Obtain an Encroachment Permit for any work within street right-of-way
including construction of driveway aprons and Utility connections.
8.
Comply with City's National Pollution Discharge Elimination Permit
requirements (NPDES). Contractor and Owner shall prepare a Storm
Water Pollution and Erosion Control Plan.
9.
Submit a comprehensive sewer discharge study for present and future
use that will include an analysis of gpm discharge using an ultimate
build out fixture unit count.
10. Curbside parking along Alosta Ave will not be permitted - Bus loading
and unloading will be permitted.
11. Prepare and File an appropriate Final Map in conformance with the City
Subdivision Ordinance and the Subdivision Map Act. Set any and all
permanent property corner monuments with Engineer or Surveyors tag
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December 4, 2006
Page 18 of 20
and request inspection.
12. Grading Bond and Survey Monument Bond if required.
13. Obtain Demolition Permit from the City Building Division.
14. This project and all occupied completed units shall be included in the
City wide Landscaping and Irrigation Assessment District No. 1.
15. Prior to issuance of a Grading Permit, the applicant shall provide
written verification that all fees have been or make satisfactory
arrangements guaranteeing payment of all Wastewater Discharge
permits issued by the County Sanitation Districts of Los Angeles
County.
16. Prior to approval by the Engineering Division, the following statement
must be submitted by the Owner / Applicant and Licensed Architect
and Engineer of Record the following: " The undersigned hereby state
that an evaluation of the turning radii and maneuverability
characteristics of vehicles using and servicing this site has been
completed and that under normal conditions vehicles shall be able to
safely maneuver in a continuous movement without obstruction or
excessive backup to other cars."
18. The Applicant shall coordinate with the United States Postal Service
and the Engineering Division all new addresses.
H. All requirements of the Los Angeles County Sanitation Districts shall be met,
including but not limited to the following:
1. The proposed development is located within the jurisdictional
boundaries of district No. 22..
2. The wastewater flow originating from the proposed project will
discharge to a local sewer line which is not maintained by the Districts,
for conveyance to the Districts' Base Line Trunk Sewer, located in the
Baseline Road between Citrus Avenue and Rocl(vale Avenue. This 18 -
inch diameter trunk sewer has a design capacity of 7.7 million gallons
per day (mgd) and conveyed a peak flow of 5.4 mgd when last
measured in 2006. Downstream of the connection point, the
sewerage system is at capacity. Availability of sewer capacity depends
upon project size and timing of connection to the sewerage system.
Because there are other proposed developments in the area, the
availability of trunk sewer capacity should be verified as the project
advances. In order to ensure that the project is considered in planning
future sewerage system relief and replacement projects, please submit
a copy of the project's build -out schedule to: Ruth I. Frazen,
Engineering Technician, Facilities Planning Department, County
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Sanitation Districts of Los Angeles County, 1955 Workman Mill Road,
Whittier,CA, 90607-4998.
3. The wastewater generated by the proposed project will be treated at
the San Jose Creek Water Reclamation Plant (WRP) located adjacent to
the City of Industry, which has a design capacity of 100 mgd and
currently processes an average Flow of 88.4 mgd. Wastewater flows
that exceed the capacity of the San Jose Creek WRP, and all biosolids,
are diverted to and treated at the -joint Water Pollution Control Plant
located in the City of Carson.
4. The expected increase in average wastewater flow from the project
site is 40,408 gallons per day. A copy of the District's average
wastewater generation factors is attached for your information.
5. The districts are empowered by the California Health and Safety Code
to charge a fee for the privilege of connecting (directly or indirectly) to
the Districts' Sewerage System or increasing the existing strength
and/or quantity of wastewater attributable to a particular parcel or
operation already connected.. This connection fee is required to
construct an incremental expansion of the Sewerage system to
accommodate the proposed project, which will mitigate the impact of
this project on the present Sewerage System. Payment of a
connection fee will be required before a permit to connect to the
sewer is issued. A copy of the Connection Fee Information Sheet is
attached for your convenience. For more specific information
regarding the connection fee application procedure and fees, please
contact the Connection Fee Counter at 562-699-741 1 x2727.
6. In order for the Districts to conform to the requirements of the Federal
Clean Air Act (CAA), the design capacities of the Districts' wastewater
treatment facilities are based on the regional growth forecast adopted
by the Southern California Association of Governments (SCAG).
Specific policies included in the development of the SCAG regional
growth forecast are incorporated into clean air plans, which are
prepared by the South Coast and Antelope Valley Air Quality
management Districts in order to improve air quality in the South Coast
and Mojave Desert Air Basins as mandated by the CAA. All expansions
of Districts' facilities must be sized and service phased in a manner
that is consistent with the SCAG regional growth forecast for the
counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura,
and Imperial. The available capacity of the Districts' treatment facilities
will, therefore, be limited to levels associated with the approved
growth identified by SCAG. As such, this letter does not constitute a
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guarantee of wastewater service, but is to advise you that the Districts
intend to provide this service up to the levels that are legally permitted
and to inform you of the currently existing capacity and any proposed
expansion of the Districts' facilities.
7. For additional information, contact Ruth 1.. Frazen, Engineering
Technician, Facilities Planning Department, County Sanitation Districts
of Los Angeles County, 562-699-7411.
1. Miscellaneous Conditions
I . All construction traffic shall be prohibited from using Fenimore Avenue.
Prior to beginning demolition and removal of demolition debris from
the site, developer/permittee shall obtain the City Engineer's approval
of the traffic routes to be used by vehicles hauling the construction
debris.
2. Developer/permittee shall meet in good faith with all property owners
abutting the proposed retaining wall and explore remedies to address
the existing walls and the proposed retaining walls. If
Developer/permittee cannot reach agreement with each of the property
owners, he shall submit a written report to the City Council for review.
Fandrill Ceuler Abed Use I sajed/rTAd 6.335.5/CGCCF..dribii A dor.