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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 0 0 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 0 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 0 0 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 0 • 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. 9 TPM 68355, ZCA-222, Z-2006-01 December 4, 2006 Page 2 of 20 5. H 7 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 0 • TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 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. 0 • TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 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. 0 • TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 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 9 • 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 0 • TPM 68355, ZCA-222, Z-2006-01, DR 2006.06, DR 2006-103, MUP 2006-27 December 4, 2006 Page 7 of 20 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 0 • TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2005-27 December 4, 2006 Page 9 of 20 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 TPM 68355, ZCA-222.2-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 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 0 TPM 68355, ZCA-222, Z-2006-01 December 4, 2006 Page 11 of 20 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. TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 December 4, 2006 Page 12 of 20 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 0 0 TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 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 Foothill Center Mixed the PlaieclITTO 683551C'CICC E.rhibil d doc 0 TPM 66355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 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 foodiiN Comer Ali.red Use Proje<'i/7TA465335/CCICC rrhilir i clot 0 0 TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 December 4, 2006 Page 15 of 20 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 Foothill Center Alired Use hov"rlrM 683551er. iCC rxnibif a d„c 0 0 TPM 68355, ZCA-222, Z_-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 December 4, 2006 Page 16 of 20 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 Foothill Ceurer Mixed Use P, ojectrTAI 68355/C ICC Gxbibil A doc 0 • TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 December 4, 2006 Page 17 of 20 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 roolliill Cerner A•ficed Ilse ProjecNTTd.16ti755/CC/CC rxidbir A doe 0 0 TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 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 Foodall Gema Mixed Use ProjecUT TAI 68355/CGCG rshihir A dor. - o 0 TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006-27 December4, 2006 Page 19 of 20 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 Fwthrll Center A-lixed Use Prnjea1TJA4 658355/C(7CC rxhibil d dnc 0 TPM 68355, ZCA-222, Z-2006-01, DR 2006-06, DR 2006-103, MUP 2006.27 December 4, 2006 Page 20 of 20 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.