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HomeMy WebLinkAboutAgenda Packet - August 04, 2008 - CC AGENDA CITY COUNCIL,THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY AZUSA AUDITORIUM MONDAY,AUGUST 4, 2008 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR KEITH HANKS ANGEL CARRILLO COUNCILMEMBER MAYOR PRO-TEM URIEL E.MACIAS ROBERT GONZALES COUNCILMEMBER COUNCILMEMBER NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office ofthe City Clerk and are available forpublic inspection at the City Library. Persons who wish to speak during the Public Participationportion ofthe Agenda,shallfill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person may address any item on or off the agenda during the public participation. CEREMONIAL 1. Certificates of Recognition to Team Captains of the American Cancer Society Relay for Life Fundraiser as follows: Edith Russek, Laurie Wray, Robin Russek, Ryan Russek, Fred Marquez, Yolanda Pefia, Betty Donnelson, Yolanda Bazonier and Lupe Chagolla. 2. Certificates of Recognition to Azusa Boxing Club members Joet Gonzales, Jousce Gonzales, and Jahira Gonzales, for achieving the Championship of the 2008 Desert Showdown World Amateur Boxing. Joet Gonzales also achieved the championship at the 2008 Jr. Olympics. CLOSED SESSION 1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 152 E. Foothill Boulevard, 100 E. Foothill Boulevard, 614 - 640 N. Azusa Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: LOWE Enterprises Real Estate Group Under Negotiation: Price and Terms of Payment 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address 800-802 N. San Gabriel Ave., 809 N. Azusa Ave, and 110-190 W. 9th St., Azusa Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Target Inc. Under Negotiation: Price and Terms of Payment 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 830 North Azusa Avenue(APN 8608-025-013), Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Ms. Donna Matsen Under Negotiation: Price and Terms of Payment 4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 150 West 9th Street (APN8608-024-903), Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: E&T Foods, Inc. (Aner Iglesias) Under Negotiation: Price and Terms of Payment 5. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 17511 East Arrow Highway(APN 8621-024-001), Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Fowler Family Trust Under Negotiation: Price and Terms of Payment 6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957) Title: City Manager 7. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier Organizations AMMA and ACEA Any person wishing to comment on any of the Closed Session items listed above may do so now. 7:30 P.M. -REGULAR MEETING OF THE CITY COUNCIL. 08/04/08 PAGE TWO • Call to Order • Pledge to the Flag -Yessica Martinez • Invocation—Pastor Julie Best of the Church of the Nazarene A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five(5)minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) B. REPORTS, UPDATES,AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Mayor Rocha - Scott Kelly, Director of Community and Government Relations of L.A. Country Fair to announce "Azusa Day at the Fair" 2008. Presentation of proclamation to Mr. Kelly proclaiming Friday, September 26'h as Azusa Day at the Los Angeles County Fair. 2. Cancellation of the August 18'City Council Meeting. 3. Request for proclamation for Ms. Angie Ochoa in celebration of her 80th birthday. C. SCHEDULED ITEMS 1. PUBLIC HEARING.— TARGET PROJECT TENTATIVE TRACT MAP TTM 070189, ZONING CODE AMENDMENT ZCA 228, ZONE CHANGE Z-2008-01 USE PERMIT UP-2008-08 MODIFICATION OF CONDITIONAL USE PERMIT C=99-16, DESIGN REVIEW DR-2007-65. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Hearing. 1) Waive further reading and adopt Resolution No. 08-C67, Certifying the Environmental Impact Report (EIR) No. 2008011046; 2) Waive further reading and introduce for first reading Zoning Ordinance Amendment ZCA 228 and Zone Change Z-2008-01 (Downtown North II Target Overlay Zone); 3) Waive further reading and adopt Resolution No. 08-C68,approving Tentative Tract Map TTM 070189; 4) Waive further reading and adopt Resolution No. 08-C69, approving Use Permit 2008-08; 5) Waive further reading and adopt Resolution No. 08-C70, approving the Modification of Existing Conditional Use Permit C-99-16; 6) Waive further reading and adopt Resolution No. 08-C71, approving Design Review DR 2007-65. 2. PUBLIC HEARING - APPEAL BY SUSANA GOMEZ - 1197 ARROW HIGHWAY. RECOMMENDED ACTION: Continue the Public Hearing to the City Council meeting of Tuesday, September 2, 2008. 3. AMENDMENT OF THE 2008/09 CAPITAL IMPROVEMENT PLAN — PROPOSITION 1B DISBURSEMENT. RECOMMENDED ACTION: Amend the 2008/2009 Capital Improvement Plan to reflect Proposition 1B as an additional funding source for CIP#66109F-"Reconstruction of Foothill Blvd." 08/04/08 PAGE THREE 4. CONSIDERATION OF THE FOLLOWING RESOLUTIONS: 1) CONDEMNING THE ACTION OF THE MTA BOARD IN THEIR FAILURE TO FUND THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT AND SEEKING LEGISLATIVE ACTION REQUIRING THE MTA TO PROVIDE LOCAL MATCHING FUNDS TO PURSUE $320 MILLION IN FEDERAL FUNDING FOR THE PROJECT. 2) OPPOSING THE METROPOLITAN TRANSPORTATION AUTHORITY PROPOSED SALES TAX MEASURE UNLESS AMENDED TO FULLY FUND THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT SETTING DEFINITE SCHEDULES FOR PROJECT FUNDING. RECOMMENDED ACTION: Consider the resolutions and provide staff direction on the distribution of subject resolutions. (Resolutions Nos. 08-C72 and 73). 5. APPROVAL OF 1) A RESOLUTION OF THE CITY COUNCIL FINDING THAT THE DISPOSITION OF REAL PROPERTY LOCATED AT 150 NORTH AZUSA AVENUE IDENTIFIED VIA ASSESSOR'S PARCEL NUMBERS: 8611-031-1900,("SUBJECT PROPERTY") IS IN CONFORMANCE WITH THE GENERAL PLAN. 2) A RESOLUTION OF THE CITY COUNCIL REGARDING THE SALE OF THE AZUSA MEDICAL CLINIC(150 NORTH AZUSA AVENUE)TO EL PROYECTO DEL BARRIO PURSUANT TO GOVERNMENT CODE SECTION 37420 ET. SEO. AND SETTING A PUBLIC HEARING TO HEAR PROTESTS TO THE PROPOSED SALE. RECOMMENDED ACTION: Waive further reading and adopt Resolution No.08- C74,finding that the disposition of real property located at 150 North Azusa Avenue,is in conformancewith the General Plan, and Resolution No. 08-C75, finding that the public interest and convenience require the sale of the Azusa Medical Clinic to El Proyecto Del Barrio and schedule a public hearing to hear any protests to the proposed sale prior to the approval of a purchase and sale agreement. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECL4L CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JULY 21, 2008. RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. EXTENSION OF TERMS OF PROFESSIONAL SERVICES AGREEMENT WITH B/R PARTNERS. RECOMMENDED ACTION: Approve an amendment to the existing B/R Partners agreement, extending it to June 30, 2009, and authorize the Mayor to sign the amended agreement. 4. FIRST AMENDMENT TO THE AGREEMENT WITH THE AZUSA CHAMBER OF COMMERCE.RECOMMENDED ACTION: Approve and authorize execution of the First Amendment to Agreement regarding Chamber of Commerce Funding and Support between the City of Azusa and the Azusa Chamber of Commerce (the "Amendment"), which 1) extends the Agreement one additional year through June 30, 2009; 2) authorizes the City's contribution amount of$88,200 for FY 2008/09; and 3) restates the terms of Self-Sufficiency of the Chamber. 08/04/08 PAGE FOUR 5. CITY TREASURER'S REPORT OF JUNE 30,2008. RECOMMENDED ACTION: Receive and file the report. 6. AWARD OF CONTRACT-LANDSCAPE ARCHITECTURAL SERVICES RECOMMENDED ACTION: Award a contract to David Evans & Associates in an amount not-to-exceed $25,000 for landscape architectural services. 7. AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS(NIB)-MEMORIAL PARK ROOF REPLACEMENT. RECOMMENDED ACTION: Authorize staff to solicit an NIB for the Memorial Park Roof Replacement Project. 8. AWARD OF CONTRACT - PURCHASE OF A FORD F-150 SUPER CREW ODR) PICKUP TRUCK. RECOMMENDED ACTION: Award a contract to Downtown Ford Sales in the amount of $32,150.13 for the purchase of a 2008 Ford F-150 Super Crew (4 Dr.) Pickup Truck. 9. PURCHASE OF ONE 2005 ST1300P HONDA POLICE MOTORCYCLE RECOMMENDED ACTION: Approve the purchase of one 2005 Honda ST1300P police motorcycle with an emergency equipment package from Huntington Beach Honda for $20,833.86. 10. GRANT AGREEMENT FROM CA OFFICE OF TRAFFIC SAFETY FOR THE `IDUI ENFORCEMENT AND AWARENESS PROGRAM". RECOMMENDED ACTION: Approve a resolution to accept a Grant agreement entitled "DUI Enforcement and Awareness" from the California Office of Traffic Safety(OTS) in the amount of$97,204. 11. RANCHO PARK(ROSEDALE)ACCEPTANCE. RECOMMENDED ACTION: Accept Rancho Park as a City facility and that the Park come under the operational supervision of the Recreation and Family Services Department. 12. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 08-C76. CONVENE AS THE REDEVELOPMENT AGENCY E. AGENCY SCHEDULED ITEM 1. DOWNPAYMENT ASSISTANCE PROGRAM UPDATE AND APPROVAL OF REVISED GUIDELINES. RECOMMENDED ACTION: Adopt the revised Downpayment Assistance Program ("DPAP") guidelines to include occupancy guidelines and revisions to equity sharing provision. 2. UPDATE ON BLOCK 36 MILESTONE STATUS: CONSIDERATION OF A RESOLUTION TERMINATING THE 2006 AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BLOCK 36 PROJECT) WITH REG AZUSA LLC A SUBSIDIARY OF LOWE ENTERPRISES,INC. RECOMMENDED ACTION: Consider the"Milestone"status of the Developer and provide direction as to the termination or possible extension of the 2006 Amended and Restated Disposition and Development Agreement ("DDA") with REG AZUSA, LLC, an affiliate of Lowe Enterprises, Inc. ("Lowe"). 08/04/08 PAGE FIVE F. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF JULY 21.2008.RECOMMENDED ACTION: Approve Minutes as written. 2. AGENCY TREASURER'S REPORT AS OF JUNE 30,2008. RECOMMENDED ACTION: Receive and file the report. 3. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution No. 08-R35. G. AZUSA PUBLIC FINANCING AUTHORITY The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Directors or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF MAY 5 AND JUNE 16 2008. RECOMMENDED ACTION: Approve Minutes as written. 2. AUTHORITY TREASURER'S REPORT AS OF JUNE 30, 2008. RECOMMENDED ACTION: Receive and file report. H. ADJOURNMENT 1'. Adjourn. UPCOMING MEETINGS: September 2, 2008 (Tuesday) City Council Meeting—6:30 p.m. (Auditorium) September 15, 2008, City Council Meeting—6:30 p.m. (Auditorium) October 6, 2008, City Council Meeting—6:30 p.m. (Auditorium) In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of thepublic at the following locations. Azusa City Clerk's Office-213 E. Foothill Boulevard,Azusa City Library- 729N.Dalton Avenue,and Azusa Police DepartmentLobby- 725N.Alameda,Azusa, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting,please contact the City Clerk at 626-812-5229. Notification three(3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 08/04/08 PAGE SIX 11� • ' t CITY COUNCIL PUBLIC HEARING AGENDA ITEM TO: THE HONORABLE MAYOR AND COUNCIL MEMBER FROM: KURT CHRISTIANSEN, AICP ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER.14W DATE: AUGUST 4, 2008 SUBJECT: TARGET PROJECT TENTATIVE TRACT MAP TTM 070189, ZONING CODE AMENDMENT ZCA 228, ZONE CHANGE Z-2008-01, USE PERMIT UP-2008-08, MODIFICATION OF CONDITIONAL USE,PERMIT C-99-16, DESIGN REVIEW DR-2007-65 RECOMMENDATION It is recommended that the City Council: 1) Adopt the City Resolution Certifying the Environmental Impact Report (EIR) No. 200801 1046, Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring and Report Program - 2) Adopt Zoning Ordinance Amendment ZCA 228 and Zone Change Z-2008-01 (Downtown North If Target g Overlay Zone) and approve its first reading; 3) Adopt the City Resolution approving Tentative Tract Map TTM 070189• 4) Adopt the City Resolution approving Use Permit 2008-08; 5) Adopt the City Resolution approving the Modification of Existing Conditional Use Permit C-99- 16; 1 6) Adopt the City Resolution approving Design Review DR 2007-65. THE PROJECT The proposed project consists of the construction of a 159,000 square foot Target department store, to be located at 809 N. Azusa Avenue and includes the following applications: 1) Draft and Final Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA), including the Mitigation Monitoring and Report Program and Findings of Fact and Statement of Overriding Considerations. 2) A Tentative Tract Map to consolidate four lots into one, 4. 1 acre site, located at the intersections of Azusa Avenue, Ninth Street and San Gabriel Avenue. 3) A Zoning Code Amendment Overlay Zone and Zoning Map Zone Change to allow the proposed structure to be built with alternative development standards. 1 City Council Meebng 8/4/08 TTM 070189, ZCA 228,Zone Change Z-2008-01, UP-2008-08, Modificadon of C-99-16, DR-2007-65 Pg3of4 4) A pproval of the modification of the existing Conditional Use Permit C-99-16 to allow the sale of beer and wine for off-site consumption at the Target department store. The Planning Commission, however, voted, 2 — 2, to recommend to the City Council approval of: 1) The Zoning Code Amendment Overlay Zone and Zoning Map Zone Change, which would allow the proposed Target department store to be built with alternative development standards, and 2) The Design Review of the proposed Target department store building. The 2 — 2 vote is considered a recommendation for denial of these two project components. The Planning Commission also found that the disposition of the real property located at 1 10-190 West 9`h Street, 809 North Azusa Avenue and 800-802 North San Gabriel Avenue, the project subject properties, is in conformance with the General Plan, as required by Government Code 64502. A Disposition and Development Agreement for the sale of the project site property will be reviewed by the City Council at a later date. On July 24, 2008, a public hearing notice of the Target project review by the City Council at their regularly scheduled August 4, 2008 meeting was published in the Azusa Herald. Additionally on that date, 206 copies of the public hearing notice were sent to property owners within 500 feet of the project site. A copy of the Final EIR is attached for City Council review. Additional copies of the Final EIR were also distributed on July 26, 2008, to those members of the public who had commented on the EIR in writing or at a public hearing. The required public review period for the draft Final EIR will end on August 4, 2008. The Final EIR was prepared to include corrections and additions to the draft EIR as well as comments by the public on the EIR and staff responses. Also attached are the EIR Mitigation Monitoring and Report Program (MMRP) and EIR Findings of Fact and Statement of Overriding Considerations. DISCUSSION For the proposed project to proceed, the Council must consider the Tentative Tract Map, the Zoning Code Amendment, the Use Permit, the Modification to the existing Conditional use Permit and the Design Review Permit as discussed in the attached Planning Commission staff reports. FISCAL IMPACT The proposed applications will allow for the construction of a Target department store.in the DTV (Downtown Transit Village) zone which is expected to: • Generate up to $550,000 in new annual sales tax and increase the amount of annual sales tax generated from the current 32,000 square foot use (retail food sales) at this site in Azusa by approximately $220,000; • Increase the overall community stability and economic outlook for the city of Azusa. The financial condition of Target Stores is strong and expectations remain high for the future. • Employ.between 200 and 250 people at varying pay ranges. Fifteen to twenty percent of those new jobs will be administrative or management positions that range in pay from $37,000 to $46,000 per year. An entry level Target team member can expect to earn $8.00 to $12.00 per hour. 3 y �7 fir:. �y � � �` 1 .`"`"v✓,s„� i ."��.¢� n s ":w 1 � 1 � E bz� `>*� 4�Y -�'.. w�:�" h � Vji ,a.�. �'� ifL•;,. 1 p �n z 9 � q n s lr .g s It � t s r . .+t P � ?'��`' .?' ._ � '",{� Yi .,,�,r,. , Y ° � '`s c � rr,s � • 6�ns"�k`^i }. i �N 'E-aMeuti Y �} s'M1L fr 'sir i ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT REPORT TO THE PLANNING COMMISSION AGENDAITEM TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: KURT CHRISTIANSEN, AICP DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT DATE: JUNE 25, 2008 SUBJECT: TTM 070189, ZCA 228, Zone Change Z-2008-01 , UP-2008-08, MODIFICATION OF C-99-16, DR-2007-65 APPLICANT: TARGET CORPORATION LOCATION: 809 N. AZUSA AVENUE (APNs: 8608-24-900, -902, -903; -904) REQUEST: Recommendation to the City Council of Approval for: 1 . Target Store Draft Environmental Impact Report No. 200801 1046 2. Tentative Tract Map 070189 to consolidate four lots into one for development; 3. An Overlay Zone that amends development standards for the subject property (ZCA 228 &Z-2008-01); 4. Use Permit to allow to allow a large retail department store in the DTV — Downtown Transit Village zone (UP 2008-08); 5. Modification of Existing Conditional Use Permit Use C-99-16 to allow the sale of beer and wine for off-site consumption within the retail store; and 6. Design Review to allow construction of a 159,000 square foot retail department store (DR 2007-65) 7. Finding that the disposition of real property located at 1 10-190 West 9"' Street, 809 North Azusa Avenue and 800-802 North San Gabriel Avenue is in conformance with the General Plan. I I V UMV, LLA ttu 6.Lone unange L—Luw-u1, UP-ZUU8-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 2 of 26 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolutions: 1 . A resolution of the Planning Commission recommending certification of the Draft Environmental Impact Report; and 2. A resolution of the Planning Commission recommending approval of Tentative Tract Map No. 070189 based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit "A"; and 3. A resolution of the Planning Commission recommending approval of Zoning Code Amendment ZCA 228 and Zone Change Z-2008-01 to create an Overlay Zone to amend development standards for the subject property, and 4. A resolution of the Planning Commission recommending approval of Use Permit (UP 2008-08) to allow a large retail department store, based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit "A"; and 5. A resolution of the Planning Commission recommending approval of Modification to C-99-16 to allow the sale of beer and wine for off-site consumption in the retail store based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit "A", and 6. A resolution.of the Planning Commission recommending approval of Design Review No. DR 2007-65, based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit "A". 7. A resolution of the Planning Commission of the City of Azusa, California, making certain findings required under California Government Code Section 65402 relating to a proposed acquisition and disposition of real property located within the Downtown Transit Village Zoning designation. BACKGROUND: The applicant's request consists of five parts: 1) a Tentative Tract Map to consolidate four lots into one, 4. 1 acre site located at the intersections of Azusa Avenue, Ninth Street and San Gabriel Avenue. 2) A Zoning Code Overlay zone and zoning map zone change to allow the proposed structure to be built with some alternative development standards. 3) A Use Permit to allow a large retail department store, with a floor area over 50,000 square feet, in the DTV (Downtown Transit Village) zone. 4) A Modification to CUP-99-16 to allow the sale of beer and wine in the retail department store for off-site consumption. 5) A Design Review to allow the construction of the 159,000 square foot, two-level retail Target Department Store consisting of parking area on the first level and the retail store on the second level. i sm viviay, w�Lcrs &cone 1-nange t-tuuts-UI, u1`-[UUd-U8,Modification of C-99-16, DR-2007-65 June 25. 2008 Page 3 of 26 An Initial Study was prepared for the proposed project to determine the appropriate level of analysis and documentation needed for each of the 16 environmental topic areas specified in the CEQA Guidelines. In addition, a Notice of Preparation (NOP) was prepared and sent out on January 16, 2008, for a thirty day public review period, to property owners within 500 feet of the proposed project site. A public scoping meeting was held during the public review period on February 7, 2008 to receive input from residents and business owners about the concerns and impacts associated with the proposed project. Thirty-seven comments were received. Public concerns included the visual compatibility of the proposed project with the existing commercial and residential structures; the need to prevent shopping carts from leaving the site; the existing oak trees on San Gabriel Avenue; traffic and truck deliveries; and seasonal parking. A Draft Environmental Impact Report (DEIR) was prepared and circulated for public review to the Azusa Public Library, the Azusa City Clerk's office, and to the Planning Division. A copy was also sent to City Council members and to the Planning Commission. However, due to the fact that the legal comment period of the DEIR extends to July 20, 2008, the Planning Commission cannot make a recommendation on the DEIR until the second Planning Commission public hearing on July 23, 2008. A Notice of Availability (NOA) of the DEIR was published in the Azusa Herald on June 5, 2008; 206 NOA's were also mailed to owners of property within 500 feet of the site on June 5, 2008. A public hearing notice of the Target project review by the Planning Commission during the Planning Commission's June 25, 2008, meeting, was published in the Azusa Herald on June 12, 2008 and 206 copies of the public hearing notice were sent to property owners within 500 feet of the project site on June 12, 2008. As of June 18, one response has been received, attached as Exhibit F. ADIACENT LAND USES AND ZONING: LAND USE: ZONING: SITE: Commercial Retail and Auto Repair DTV Downtown Transit Village) NORTH: Multi-family Residential NG 1 (Medium Density Residential SOUTH: Metro Gold Line Foothill Extension DTC (Downtown Town Center) Railroad EAST: Commercial, Medical Office and DTV (Downtown Transit Village) Industrial WEST: Single- and Multi- Family Residential NG1 (Medium &Moderate Residential) , uv,v,v,ov, c�cco o- une mange t—tvvo-v i, ur-[uut5-ut5, Moolticatlon of c-99-16, DR-2007-65 June 25, 2008 Page 4 of 26 The Subject Property (Site) is currently comprised of 4 parcels totaling approximately 4. 1 acres. The Site is generally bordered by Azusa Avenue on the east, Ninth Street on the north, San Gabriel Avenue on the west and the Metro Gold Line Foothill Extension right-of-way on the south. The Site is currently developed with 47,646 square feet of buildings along with paved parking areas. The Site contains minimal landscaping in the surface parking areas, however, there is one Coast Live Oak tree on the site. The parkways on Azusa Avenue and Ninth Street have existing small trees in tree wells. On San Gabriel Avenue, between Ninth Street and the Metro Gold Line Foothill Extension right-of-way, there are 10 Coast Live Oak trees. (7 large and 3 small) The surrounding area is a combination of commercial, industrial and residential uses. Primarily one-story, single-family residential land uses are located west of the Site, across San Gabriel Avenue, along with some multi-family land uses. Three-story, multi-family residences (condominium town homes) are located north of the Site, across Ninth Street. There is currently a mix of commercial, industrial and medical— related uses east of the Site, across Azusa Avenue. The Metro Gold Line Foothill Extension right-of-way borders the Site on the south. District Characteristics The Site is located within the Transit Village precinct of the Downtown District (referred to by the Development Code as the DTV zone). The General Plan and Development Code specify that DTV zone is intended to provide for transit-oriented development centered on the Metro Gold Line Foothill Extension through a variety of building types, and accommodating a wide range of land uses (retail, restaurant, entertainment, office, business and professional services, etc.) in the context of pedestrian oriented streetscapes and to provide an anchor at the north end of the Downtown District. ANALYSIS Project Description and Characteristics The proposed project is a two-level, 159,000 square foot, Target department store with 420 parking spaces and approximately 12,500 square feet of stock and receiving area on the ground floor. The ground-floor parking area is enclosed by arched building supports with access to the parking lot from Azusa Avenue, Ninth Street and San Gabriel Avenue. The loading area will be on the south side of the building, next to the Metro Gold Line Foothill Extension right-of-way. Trucks will enter the loading area from San Gabriel Avenue and exit onto Azusa Avenue. The second-level sales area will be accessed, in the southeast corner of the building, by a two-story open-air entry plaza.with columns and an escalator to the second level. There will be an eating area in the front of the store with large windows looking out onto Azusa Avenue. The exterior walls of the building are articulated with varying building heights, second floor I IM UYU189, ZCA LZ8 8-Zone Change Z-2008-01, UP-2008-08, Modification of C-99-I6, DR-2007-65 June 25, 2008 Page 5 of 26 setbacks and decorative architectural details, to create a structure that will complement the existing eclectic mix of buildings types in this area. The exterior will be further accented with vine pockets and vine trellises/plantings, as well as with landscaped balconies, windows and billboard-style displays on the exterior walls along Azusa Avenue, Ninth Street and San Gabriel Avenue. The project will include the narrowing of San Gabriel Avenue by one drive lane to add a row of diagonal parking along the west side of the property. The sidewalk on the southeast corner of Ninth Street and San Gabriel Avenue will be expanded to shelter the diagonal parking area, and the new diagonal parking spaces will be interspersed with specifically-designed planting areas jutting out among the parking spaces. The design of the proposed building will also require the removal and replacement of the existing 10 Coast Live Oak trees (7 large trees and 3 small trees) along the western parkway of the property. While the many of the existing oak trees on San Gabriel Avenue north of Ninth Street are mature and healthy, many of the large oak trees on San Gabriel Avenue, between Ninth Street and the Metro right-of-way, have been over-pruned and some have been replaced with smaller oak trees. Per the requirements of the City's Tree Preservation Ordinance, the applicant will be required to replace the removed oak trees on San Gabriel Avenue with four (4) 60" boxed specimen Coast Live Oak trees and three (3) 48" boxed Coast Live Oak trees. The larger, 60' boxed, special oak trees will be placed at the corner of Ninth Street and San Gabriel, on either side of the west entry to the parking lot and next to the loading dock entry. The medium sized 48" boxed oak trees will be planted in the new landscape planters in the street parking area. Additionally, seven, 24" boxed street trees will be planted in the 10 foot parkway along San Gabriel Avenue in tree-wells with lighted decorative tree grates. New lighted, decorative tree grates and new street trees, along with irrigation and electrical outlets for seasonal lights, will also be installed on Ninth Street and Azusa Avenue. Per the requirements of the General Plan, pedestrian-oriented streetscape amenities, such as decorative benches, trash receptacles and lighted tree grates will be required along the sidewalks on Azusa Avenue, Ninth Street and San Gabriel Avenue. The decorative "Azusa Azul" colored lampposts and lighted sidewalk bollards, as well as the river rock pedestals currently found on Azusa Avenue, will also extend along the south side of Ninth Street and along the San Gabriel side of the project, to continue the existing "Downtown Streetscape Design". The Target department store hours of operation will be Monday — Saturday from 8:00 a.m. to 10:00 p.m. and Sunday 8:00 a.m. to 9:00 p.m. Truck deliveries will occur between 4:00 a.m. and 12:00 a.m., midnight. There will be approximately 8 — 10 local carriers, vendor and delivery trucks per day between 8 a.m. and 12:00 noon, Monday through Friday. There will be approximately 8 - 11 distribution trucks per week between 4:00 a.m. and 12:00 a.m., midnight. The trucks will not have audible back-up signals. The store will be closed on Thanksgiving Day, Christmas Day and TTM 070189, ZCA 228 &Zone Change Z-2008-01, UP-2008-08,Modification of C-99-16, DR-2007-65 June 25, 2008 Page 6 of 10 Easter Sunday. General Plan Conformance All of the proposed entitlement applications (Tentative Tract Map, Zoning Code Amendment/ Zone Change, Use Permits, Design Review) require that a finding be made that the project is in conformance with the General Plan. The following table contains excerpts of the applicable General Plan Goals and Policies as well as project conformance with the General Plan. TABLE 1 GENERAL PLAN CONFORMANCE i - '. -T . I Strip commercial zoning is abolished, Y The Target project is proposed to be with future retail concentrated in the located in the Downtown Transit Village City's key districts. District. 2 GOAL I PROVIDE FOR A COMPLETE AND Y The proposed project provides a INTEGRATED MIX OF RESIDENTIAL, department stare as an anchor to the COMMERCIAL, INDUSTRIAL, retail Downtown Transit Village District RECREATIONAL, PUBLIC AND OPEN SPACE to meet the needs of the existing and MEETING THE NEEDS OF EXISTING AND future residents and businesses and will FUTURE RESIDENTS AND BUSINESSES. also be the first anchor in the proposed Transit Oriented district Community. Policy 1.2 Establish land use designations Y The proposed project site is located and appropriate density standards and appropriately in the Transit Village development standards to ensure a balance District and meets the Typical Principal of land uses and enhance the City's long- Use of the Transit Station as indicated in term well-being, including housing units of all the Table CD-2 - Land Use Classification types and prices; retail and commercial uses; which calls for a transit depot and employment generation industrial commercial (retail and office ) businesses; recreational facilities; /residential mixed use. it also meets the government services; utilities and 2.0 FAR (floor area ratio) requirement infrastructure; institutional and religious; and based on the area of the retail single open space as defined in Land Use Diagram commercial use, excluding the parking Classification Table CD-2 and shown on the lot area. regulation Plan, figure CD-3 and Land Use Diagram, Figure CD-4 3 GOAL 4 AZUSA WILL HAVE A THRIVING AND WELLBALANCED BUSINESS SECTOR LOCATED WITHIN THREE PEDESTRIAN ORIENTED DISTRICTS THAT PROVIDE DINING, RETAIL, OFFICE, AND ENTERTAINMENT EXPERIENCES, AND ONE INDUSTRIALITECHNOLOGY DISTRICT THAT TTM 070189, ZCA228&Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16. DR-2007-65 June 25, 2008 Page 7 of 10 TABLE I GENERAL PLAN CONFORMANCE K� O 1:1 4 "IE C Comirneirits, Goa![Pollicy. . PROVIDES "TECH -DRIVEN" MANUFACTURING, WAREHOUSING, AND OTHER INDUSTRIAL USES ALONG WITH SUPPORTING COMMERCIAL USES. Policy 4.1 Foster commercial activity in four Y The proposed project provides focused districts: Downtown, University, approximately 159,000 sq. ft. of new Edgewood, and West End, not precluding retail space to "foster commercial appropriate activity in other locations such as activity" in the Downtown District. neighborhood centers and corridors, as specified in this General Plan. Policy 4.2 Encourage the revitalization of the. four districts each with its special or unique focus, identity, and mix of uses: • Downtown District is the heart of the Y The Target department store to provide City to be anchored by the Gold Line transit-oriented development at the light rail transit station and transit northern end of the Downtown District. oriented development at the The store will be accessible to residential northern end. Downtown will provide pedestrians as well as future transit a "distinctive" shopping experience riders. with smaller stores, restaurants, and entertainment, art and cultural events, public plazas and gathering places, all building on the historic architecture in the area. Downtown will emphasize pedestrian oriented commercial and residential uses in a mixed-use setting. 4 Policy 4.3 In the Downtown, University, and Edgewood districts: • Require all new development and Y The project proposes to incorporate encourage the remodeling of existing open arches, architectural details and buildings to provide the maximum vine trellis to provide articulation and window exposure and minimize interest to the sidewalk and street. "blank wall" exposure to the sidewalk and street. • Require new developments and Y To compliment the open design of the substantially remodeled commercial parking area and foster pedestrian usage developments to integrate sidewalks, of the parkway around the store, the plazas, and other amenities that project shall incorporate streetscape contribute to pedestrian oriented amenities such as decorative benches, activities. pedestrian-oriented decorative street • Maintain distinctive and pleasant, lights, large specimen street trees on physical environments for the San Gabriel Avenue and other decorative districts through public streetsc pe, fixtures. TTM 070189, ZCA 228&Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 8 of 10 TABLE 1 GENERAL PLAN CONFORMANCE V ;Y..p a°'t � fR an a �.Goaln'ohc �. f „M v m Cdniments landscaped parkways, pocket parks, and street amenities (water fountains, shaded benches, shaded bus shelters, trash receptacles, pedestrian scaled lighting, public and entry signage, etc.) 5 Policy 4.4 Encourage tax generating uses that Y The Target Department Store is are active each day of the week in the proposed to provide approximately Downtown District. 159,000 sq. ft. of new retail floor area with daily business hours, excluding Thanksgiving Day, Christmas Day and Easter Sunda 6 Policy 4.5 Within the Downtown District and Y The proposed project is located across the Promenade area of the Monrovia Nursery Azusa Avenue from the future Gold Line site, provide for the development of a Gold station. It will anchor future Line transit station (to be served by rail, bus, development that will further transit and private vehicles), supporting transit- oriented development in the District. oriented development including passenger service uses and commuter/residential uses (dry cleaners, bakeries, small grocers, etc.). 7 Policy 5.1 Accommodate development of Y The proposed project is a commercial commercial and mixed use development in development that meets the accordance with Table CD-2. requirements of Table CD-2. 8 Policy 5.4 Encourage building elevations Y The second level of the proposed Target above the second Floor to be set back from is the sales area and it has been the street facing facade to minimize the designed with arcades, balconies and impact of height and bulk on abutting varying building heights to minimize the sidewalks and streets. impact of height and bulk on abutting sidewalk and streets. 9 GOAL 9 ENSURE THAT LAND USE Y The proposed project has been reviewed DEVELOPMENT IS ADEQUATELY SERVED BY by the City Public Works Department, SUPPORTING INFRASTRUCTURE AND the Light and Water Department, the PUBLIC SERVICES Azusa Police Department as well as the Los Angeles County Fire Department. All required infrastructure and public services are being provided. 10 GOAL 10 ENSURE THE COMPATIBILITY AMONG VARIOUS TYPES OF LAND USES. Policy 10.1 Require the consideration and Y The design of the project through the mitigation of noise, light, vehicular, and other implementation of mitigation measures impacts on residential properties in the included within the Environment Impact design of commercial and industrial Report will ensure that the noise, light, development. vehicular and other impacts on the TTM 070189, ZCA 228 &Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 9 of 10 TABLE 1 GENERAL PLAN CONFORMANCE e �'r l4yz ° a`�3'a� 'hn �f,` .;`�x ,•"^ •r r U.,+,: � t+ x G + - s T Goal/Polic ^� u �sx tommerifs". residential properties have been addressed. I 1 GOAL 10 PROMOTE DISTRICTS AS PLACES SAFE AND Y The proposed Target Department Store ACCESSIBLE TO PEDESTRIANS IN ORDER TO will provide a safe and accessible IMPROVE THE ECONOMIC VIABILITY, shopping opportunity as well as improve SAFETY, AND SECURITY OF COMMERCIAL the economic viability of the Downtown DISTRICTS, AND TO ENHANCE THE Transit village District. IDENTITY AND COHESIVENESS OF EACH DISTRICT IN THE CITY. Policy 10.3 Encourage buildings in districts to The proposed development will include be placed adjacent to the street with Y convenient parking on the ground floor convenient parking located adjacent to the level of the structure. buildings. 12 Mobility Big Idea NA The issue of two-way traffic on Azusa Study the conversion of Azusa and San Avenue and San Gabriel Avenue is to be Gabriel Avenues to two way traffic. studied later, but not in conjunction with this project. GOAL 1 BALANCE THE ROADWAY WITH THE PLANNED USES IN THE CITY. Policy 1.2 Maintain Level of Service D on Y A project-specific Traffic Study has been roadway segments and at signalized provided as a component of this intersections throughout the City, except in proposal which demonstrated that the the downtown area, the university District required Levels of Service will be and in the vicinity of freeway interchanges maintained. where level of Service E shall be maintained in these areas. 13 Policy 3.3 Provide pedestrian amenities (such Y Pedestrian amenities are to be provided as benches, seats, water fountains, shady along the perimeter of the Target Store street trees, etc.) and conditions that development. enhance the pedestrian experience along the pedestrian network. Policy 3.5 Provide bicycle amenities (bicycle Y A total of seven (8) bike racks are parking spaces, bike lockers, etc.) on or near included as a Condition of Approval for the bicycle network, this project. 14 GOAL 4 DESIGN/REDESIGN STREETS TO ENCOURAGE PEDETRIANS AND BICYCLES AND TO ACCOMMODATE VEHICLE. MAKE TTM 070189, ZCA 228 &Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 10 of 26 TABLE 1 GENERAL PLAN CONFORMANCE P > _ 5+ � Goal/Polic Comments CITY STREETS MORE PEDESTRIAN-FRIENDLY AND BICYCLE- FRIENDLY. Policy 4.1 Design/re-design streets to reflect Y San Gabriel Avenue will be narrowed to the character of the surrounding three lanes with diagonal parking and neighborhood including roadway new street tree planting areas which will classification and roadway encourage traffic calming and support amenities/landscaping. This includes the collector street status of the changing from Arterial to Collector the roadway and the pedestrian walk-ability following roads in residential areas: Vernon of the area. Avenue, San Gabriel Avenue, 5th Street, Ninth Street and Pasadena Avenue. 15 Policy 8.4 Plan land uses and design Y The project location is across Azusa buildings to encourage transit, rideshare or Avenue from the future'light rail transit carpool, bicycling, and walking. This includes station and the proposed design of the but is not limited to: requiring new building will provide convenient access development to provide direct and for pedestrians and transit users. convenient pedestrian access to transit and adjacent land uses within walking distances; and locating buildings close to the street to be inviting to pedestrians and transit users, as appropriate. 16 12 DEVELOPMENT OR DESIGN REVIEW Through the development or design review Y The proposed Target development process, require or continue to require the includes a Design Review with following: conditions of approval included to All new development be evaluated for ensure that sufficient utility capacity is streetscape improvements including water available. fountains, trash receptacles, and other amenities; All new development to be linked to the existing sewer system; and Determine that sufficient utility capacity is available. Development Standards The proposed project will require an Overlay Zone to allow alternate development standards. Those development standards covered by the Overlay Zone would be: building front setback; building height; parking stall size; truck delivery times; landscaping of the parking area and exterior fagade of the parking area. With the approval of the proposed Overlay Zone, the project would be in general conformance with the standards of the Development Code as illustrated in Table 2. The Downtown North 11 Target (DNT) Overlay Zone would be established to allow for I IM U/U189, LCA LLM.&Lone Change L-ZUU8-01, UP4008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 1 I of 26 the transformation of the existing retail site at the intersections of Azusa Avenue, Ninth Street and San Gabriel Avenue into a retail destination that incorporates the intent of the design principles of the Built Environment Element of the General Plan and the Transit Oriented Development (TOD) Urban Standards of the Development Code. Per the Downtown North II Target (DNT) Overlay Zone the development standards required by the underlying base district would apply, except where the following would apply: 1 . 88.24.O10.F. 1 Building Placement a. Front Setback: 0 foot b. Side Street Setback: 0 foot c. Sideyard Setback: 0 foot d. Rear Setback: 0 foot 2. 88.24.010.F.3 Building Height and Profile a.(I). Maximum: 3 stories or 50 feet for single use building, 3 stories or 55 feet for mixed-use buildings. a.(2). Exceptions: an area equal to 20% of the building's ground floor footprint may exceed the maximum height by an additional story or 20 feet. 3. 88.30.020 — Fences, Walls, Hedges and Screening C. Height Limits - Rear setback (along Metro Gold Line property boundary) as required by Metro Gold Line Authority and as approved by the Director. Economic and Community Development. 4. 88.30.060 — Setback Requirements and Exceptions E. Allowed encroachments into setbacks: Architectural features (e.g. cornice, sill, trellis, signs approved through a Master Sign Plan) are allowed by approval of the Director of Economic and Community Development and the Director of Public Works Department. S. 88.31 .020.C.4 Limitation on truck deliveries. Truck deliveries to a commercial parcel adjacent to a conforming residential use shall be limited to the hours between 4:00 a.m. and 12:00 a.m. (midnight), Mondays through Sundays. 6. 88.34.050 — Landscape Location Requirements D. Parking Areas — Enclosed parking areas are exempt from interior landscape requirements; exterior landscaping shall include exterior irrigated wall landscape areas with trellises for vines per the requirements of.the Community Services Department landscape review. 7. 88.36 — Parking & Loading 88.36.080.D: Stall size 9' x 18' 88.36.080 K. Structured Parking: The exterior facades of the first level parking area shall be designed to approximate and be compatible with the appearance of the entire commercial structure, as determined by the review authority. TTM 070189, ZCA 228&Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 12 of 26 TABLE 2 DEVELOPMENT CODE CONFORMANCE z 5 c ment'Standard U Pao osal 0 1 Land Use: General Retail with a Floor area Y 159,000 square foot Target Department over 50,000 square feet with a Use Permit Store with a Use Permit 2 Building Placement Front setback w/o Overlay Zone: 5 ft. NA Front setback: 0 ft. (Overlay Zone) Y 0 ft. Side Street setbacks: 10 ft. NA NA Side setback: 0 ft. NA NA Rear setback: 0 ft. Y 40 ft. Notes: Front(s): Because of the lot design,Azusa Ave, Ninth Street and San Gabriel Avenue are all considered lot frontages. Rear:Adjacent to Gold Line Metro Right-of-way 3 Parking Placement: Front setback: 40% of lot depth min. NA These standards apply to surface parking Side Street setback: 10 ft. min. NA and are not applicable to enclosed Side setback: not required NA parking facilities. Rear setback: not required NA 4 Building Height: 1. 35 ft. w/o Overlay Zone NA 50 ft. (Overlay Zone) Y The majority of the building (top of roof) is between 45 to 50 feet in height 2. Exception w/o Overlay zone: An area NA equal to 20% of the building's ground Floor footprint may exceed the maximum height by an additional story or 15 ft. Exception (Overlay Zone): An area equal Y The Target tower element is designed to to 20% of the building's ground Floor be 70 feet in height which exceeds the footprint may exceed the maximum 50 ft. limit, but is within the 20% height by an additional story or 20 ft. footprint and maximum height limits. 5 Parcel Standards: Lot area: 10,000 s.f minimum Y 178,596 s.f. Lot width: 60 ft minimum Y 250 ft. (@ Ninth Street) Lot depth: 100 ft minimum Y 473 ft. (@ Azusa Avenue) 585 ft. @ San Gabriel Avenue 6 Frontage Type: Arcade, Shopfront, and/or Forecourt Y Shopfront 7 Parking: Number of stalls: TTM 070189, ZCA 228 &Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 13 of 26 TABLE 2 DEVELOPMENT CODE CONFORMANCE n a , ".'Develo iiient Standard-' . : Pro osal: 2.5 spaces per 1000 sq. ft. of building (397 Y 422 spaces provided spaces required) Motorcycle Parking: I motorcycle parking Y 8 motorcycle parking spaces per space for each 50 motor vehicle parking Condition of Approval spaces. (8- 4'x7' spaces) Bicycle Parking: 1 bicycle rack for each 20 Y 8 Bike racks are provided motor vehicle parking space up to 100 spaces; one additional bicycle rack for each additional 100 motor vehicle spaces. (7 total bike racks) Stall dimensions: 9' x 20' w/o Overlay Zone NA 9' x 18' (Overlay Zone) Y 9' x 18' 8 Driveway width: 24 ft. Y 24 ft. minimum 9 Loading areas: Located on-site, out of front, side or rear Y The loading area is located on the setbacks. Screened from abutting property, out of the rear setback, next to properties and streets. Ensure vehicular the Metro Gold Line right-of-way. There maneuvers occur on site; avoid adverse will be a screening wall along San Gabriel impacts on neighboring residential Avenue, next to the loading docks. The properties. closest residential properties are located approximately 100' west across San Gabriel Avenue, CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE An Initial Study was prepared and noticed for this project in accordance with CEQA guidelines. As a result of the Initial Study review of the proposed project, it was determined that an Environmental Impact Report (EIR) was necessary due to several foreseeable effects of constructing a large retail store adjacent to existing residences, located at the perimeter of the downtown area. A Draft Environmental Impact Report (DEIR) was prepared. To assist in the preparation of the DEIR, a number of technical studies were prepared including a Traffic Study, Noise Study, Wind &Climate Study and Phase 1 & Phase II.Environmental Site Assessments and Soil Sampling Reports. These reports are included in the Technical Appendix document for the DEIR. The following subject areas were identified as having no impact, less than significant impacts or impacts that can be mitigated to a less-than-significant level: Aesthetics; Biological Resources; Geology, Soils and Seismicity; Hazards and Hazardous Materials; Land Use and Planning; Noise and Vibration; Population, Housing and TTM 07U189, ZCA ZZ8 it Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 . Page 14 of 26 Employment; Public Services; Traffic and Parking; Utilities and Service Systems. The subject area that was found to have impacts that are significant and unavoidable is Air Quality. Specifically, the air quality analysis determined that emissions from long-term motor vehicle traffic associated with the proposed project operation would exceed regional air quality standards for nitrogen oxides (NOx) and carbon monoxide (CO) Findings of Fact — Tentative Tract Mao: In order to approve the application for a Tentative Tract Map, the Planning Commission would need to make the following findings of fact, as listed below, in accordance with Section 66-207 of the Azusa Municipal Code. 1 . Such approval will not be materially detrimental to the public welfare, injurious to the property or improvements in the vicinity and zone in which the land is located, will not be contrary to or adversely affect the general comprehensive zoning plan for the city. The project has been designed to be compatible with the uses and properties within the DTV District and the adjacent neighborhoods. The project is in conformance with the goals and policies of the General Plan as shown in Table 1 of the staff report. 2. Proper or adequate provision has been made for access to the land to be sold, divided or subdivided and also the portion of land remaining or that access to the land is by means of dedicated streets of a sufficient width and state of improvement to adequately serve the land described in the application. Access to the site is provided via Azusa Avenue on the east, Ninth Street on the north and San Gabriel Avenue on the west. Combined, these dedicated public streets are of sufficient width and have adequate capacity to serve the proposed project as well as adjacent properties. 3. Proper and adequate provisions have been made for all public utilities and public services; including sewers. Proper and adequate provisions exist for all public utilities and public services. Findings of Fact - Zoning Ordinance Amendment and Zone Change: Pursuant to Section 88.51 .060E, in order to approve a Zoning Ordinance Amendment and Zone Change, the following findings must be made: 1 . That the proposed amendment is consistent with the goals, policies, and TTM 070189, ZCA 228, Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-Z007-65 June 25, 2008 Page 15 of 26 objectives of the General Plan, any applicable specific plan, Owner Participation Agreement or Development Agreement. The proposed Zoning Ordinance and Zone Change are consistent with the goals, policies and objectives of the General Plan as shown in Table 1 of the staff report. 2. That the proposed zone change will not adversely affect surrounding properties. The proposed zone change would not adversely affect the surrounding properties. The existing commercial retail center is currently under-utilized and the existing automotive uses are not compatible with either the existing residential or downtown uses. The proposed Target Department Store would provide more services to the surrounding area and the pedestrian-oriented amenities would improve the appearance of the neighborhood. Findings of Fact - Use Permit — General Retail over 50.000 sq. ft. (UP 2008-08) The applicant is requesting approval of the construction and use of an approximately 159,000 square foot Target Department Store. The Development Code allows a retail use with over 50,000 square feet of Floor area in the DTV zone with a Use Permit. The Use Permit provides a process for reviewing proposed uses for compatibility with adjacent uses. Pursuant to Section 88.51 .040 of the Development Code, in order to approve a Use Permit, the following findings must be made: 1 . 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. According to Section 88.24.005 of the Development Code, a general retail use with over 50,000 square feet in area is allowed in the DTV zone with a Use Permit. The Use Permit allows the review authority to examine the characteristics of the proposed large retail use and determine if the use would or would not have a negative effect on the neighborhood. The proposed Target department store will have approximately 159,000 square feet of area, including stock areas. With approval of the proposed Zoning Ordinance Amendment and the Zone Change, the proposed Target would meet the Development Code standards for the DTV zone. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The proposed use is consistent with the goals, policies and objectives of the General Plan as shown in Table 1 of the staff report. TTM 070189, ZCA 228, Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 16 of 26 3. The design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity. As shown in the Mitigation Measures of the attached Environmental Impact Report (EIR), and the attached Conditions of Approval, the proposed design, location, size and operating characteristics of the Target department store will be compatible with the existing and future land uses in the vicinity. The proposed exterior design includes varying heights, setbacks, and wall articulation. The proposed location, in the DTV zone would provide an anchor retail use for the north end of the Downtown District and would support future transit—oriented development in this location. The proposed size and operating characteristics of the large retail use are consistent with the urban form recommendations of the General Plan and with the Mitigation Measures of the DEIR, and the proposed use will benefit the community. The operating characteristics of the proposed Target department store include truck delivery operations between 4:00 a.m. and midnight. The trucks will not have audible back-up signals. The Noise and Vibration Section of the EIR has determined that the decibel level of noise from the loading docks, both during daytime and nighttime hours, will not exceed the allowable levels of the Development Code, primarily due to the proposed construction of a sound wall between the loading dock area and San Gabriel Avenue. Another operating characteristic of public concern is the need to prevent shopping carts from leaving the site. Condition of Approval #A5 will require the Target Department Store to incorporate a cart-locking system to retain the carts on the project site. 4. 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 subject site is physically suitable for the type, density and intensity of the propose use. The site has access to the proposed parking area from Azusa Avenue, Ninth Street and San Gabriel Avenue and the parking area will provide the required amount of parking. In addition, a Traffic Study was conducted in conjunction with the EIR. This Traffic Study was reviewed and approved by the City Engineer. The Traffic Study addressed the seasonal parking impact of the proposed Target department store and determined that based on the provided amount of parking and the existing public parking lot and street parking, that the parking demand would be met. Mitigation Measures #TP3 &TP4 as well as Condition of Approval #A6 will ensure that the parking demand is met. The Traffic Study also reviewed the proposed truck delivery route, entering from San Gabriel Avenue and exiting north onto Azusa Avenue. Additionally, this TTM 070189,ZCA 228, Zone Change Z-2008-01, UP-2008-08, Modification of C-99-I6, DR-2007-65 June 25, 2008 Page 17 of 26 proposed route was reviewed by the Metro Gold Line Foothill Extension Authority and the Public Utilities Commission. Per their requirements, this was the preferred truck route to avoid the possibility of a delivery truck constraining any train movement on the existing railroad tracks. The impact of additional vehicular traffic generated by the proposed project on existing intersections was also included in the Study. It was determined that the intersection of Ninth Street and Azusa Avenue; Foothill Boulevard and Azusa Avenue, and First Street and Azusa Avenue would all be somewhat effected by the new construction. Condition of Approval #F27, F28 7 F38 and Mitigation Measures TP 1 &TP2 have been included to ensure that additional impacts to these intersections be mitigated. The proposed project site is a developed parcel without physical constraints and utilities are already present at the project site. 5. 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. With the implementation of the mitigation measures of the EIR and the attached Conditions of Approval, granting the Use Permit to allow a retail use with over 50,000 square feet in Floor area 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 districts of the project site. The proposed Target Department Store will benefit the community and will contribute to the revitalization of the Azusa Downtown. Findings of Fact — Modification of Existinx Conditional Use Permit - Sales of Beer and Wine for Off-site Consumption (CUR-99-16) The applicant is requesting approval of a modification to an existing Conditional Use .Permit (C-99-16) to allow the sale of beer and wine for off-site consumption at the Target department store. The King Ranch Market, located on the project site and slated to be demolished, currently has a license from the Alcohol and Beverage Control Board and a Conditional Use Permit (C-99-16) to sell beer, wine and distilled spirits at the supermarket. Pursuant to Development Code Section 88.51 .040, the sale of alcoholic beverages is allowed in the DTV zone with a Use Permit but the Code does not set standards in terms of how many outlets can be allowed within an area. However, the State of California Business and Professional Code has certain standards that must be considered, based on Census Tract or Police Reporting District information. This Code includes the issue of undue concentration of Alcoholic Beverage Control (ABC) licenses. According to the ABC Board, there is an undue concentration of licenses for TTM 070189, ZCA 228, Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 18 of 26 the sale of alcohol for off-site consumption in the census tract of the project site. However, the Police Department has determined that the Police Reporting District the project site is located in is not a high crime area, according to 2007 statistical data, and that the sale of beer and wine at the proposed Target department store would not jeopardize public safety in this area. The Police Department has added Conditions of Approval to the project which would help ensure this. Condition of Approval #F 10 requires that strategically placed surveillance cameras shall be installed at parking lot entrances/exits, entry/exit points of the store, cashier counters and along the south side of the building (to include loading dock area) that are digitally recorded and stored for at least 30 days for investigative purposes. When requested by police personnel, Target employees shall provide digitally captured video and images to the Azusa Police Department in a timely manner, preferably within 60 minutes of the crime being reported and/or investigated. In addition, warning signs of such recording(s) shall be conspicuously posted as a crime deterrent. Condition of Approval #F14 requires that the store shall be equipped with an audible or silent burglary alarm at all entry/exit points and monitored by a reputable alarm company and be in compliance with pertinent AMC requirements for alarm systems. Condition of Approval #F19, requires clear signs stating 1.D. will be required for anyone that appears to be underage and wants to purchase alcohol consistent with California State Alcohol Control Board requirements. Based on this information, Staff finds that the public convenience or necessity would be served by the issuance of a Modification to the existing Conditional Use Permit (C- 99-16) to sell beer and wine at the proposed Target department store, based on the fact that a department store selling alcoholic beverages as a supplement to their primary merchandise would offer a convenience to the residents in the community. Pursuant to Sections 88.42.030A and 88,51 .040F of the Development Code, in order to approve a Use Permit or in this case a Modification to an existing Conditional Use permit for the sales of beer and wine for of-site consumption, the following findings must be made: 1 . 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 DTV zone with a Use Permit. As previously stated, there is an undue concentration of ABC licenses for the sale of alcoholic beverages for off-site consumption in the project census tract. However, based on the fact that 1) the existing King Ranch Market already has an ABC license,; 2) the project location is not in a high crime area and 3) the Azusa Police Department has determined that the proposed Target department store would not jeopardize public safety in this area, Staff finds that the public convenience or necessity would be served by the modification of the existing Conditional Use Permit to allow the sales of beer and TTM 070189, ZCA ZZ8, Zone Change Z-2008-01, UP-2008-08,Modification of C-99-16, DR-2007-65 June 25, 2008 Page 19 of 26 wine at the proposed Target department store. This is based on the fact that a department store selling alcoholic beverages, as a supplement to their other merchandise, would provide a convenience to the residents. Condition of Approval #F10 requires that strategically placed surveillance cameras shall be installed at parking lot entrances/exits, entry/exit points of the store, cashier counters and along the south side of the building (to include loading dock area) that are digitally recorded and stored for at least 30 days for investigative purposes. When requested by police personnel, Target employees shall provide digitally captured video and images to the Azusa Police Department in a timely manner, preferably within 60 minutes of the crime being reported and/or investigated. In addition, warning signs of such recording(s) shall be conspicuously posted as a crime deterrent. Condition of Approval #F14 requires that the store shall be equipped with an audible or silent burglary alarm at all entry/exit points and monitored by a reputable alarm company and be in compliance with pertinent AMC requirements for alarm systems. Condition of Approval #F19, requires clear signs stating I.D. will be required for anyone that appears to be underage and wants to purchase alcohol consistent with California State Alcohol Control Board requirements. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The proposed use is consistent with the goals, policies and objectives of the General Plan as shown in Table 1 of the staff report. 3. The design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity. The operating characteristics will be limited by the Conditions of Approval, specifically: #F10, #F 14 and #F19 regarding surveillance, alarms and.proper identification prior to sale of alcohol, making the operating characteristics compatible with the existing and future land uses in the vicinity. 4. 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 Target department store is to be located in the DTV commercial zone, 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 does not cause a substantial increase in traffic in relation to the existing traffic load and the existing capacity of the street system 5. Granting the permit would not be detrimental to the public interest, health, safety, TTM 070189, ZCA 228, Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 20-of 26 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 Use Permit will be consistent with the General Plan goals and policies by providing a convenient service for the residents in theDTV 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 6. 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. There are no schools or parks within 500 feet of the proposed Target department store, but there are single-and multi family residences with in 500 feet of the store. However, the ability to purchase beer and wine for off-site consumption, in addition to other department store items, will provide a convenience to these residents. 7. Appropriate.measures to provide proper maintenance of the building exterior, including keeping the premises free of junk, litter, and debris. Conditions of Approval for the project will require that the premises are 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. 8. Lighting of exterior areas, including parking lots, to discourage loitering activities outside of the buildings, Conditions of Approval for the project have been included to ensure that adequate lighting will be provided in the proposed parking lot and on the perimeter of the building. 9. 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. 10., Provision of onsite security, both inside and outside the building, to satisfy any concerns raised by the Police Department. The Police Department has reviewed the proposed project and has provided i uvi vivio>, r- «o, mune �nange c-cwo-vi, ur-cuuts-Utl,moalncation of l-yy-Ib, UK-LUU/-65 June 25, 2008 Page 21 of 26 specific Conditions of Approval for the proposed use. 11 . Adequacy of off-street parking provided for the use. Per the Traffic Study, prepared for the EIR, ample parking will be provided. 12. Hours of operation. Beer and wine sales would occur during business hours: 8:00 am — 10:00 pm Monday through Saturday and 8:00 am — 9:00 pm Sundays. The store will be closed on Thanksgiving Day, Christmas Day and Easter Sunday. 13. Controls on occupancy limits inside the building and loitering outside of the building. The Building Division and the Los Angeles County Fire Department will determine the occupancy limits of the proposed department store. The Police Department and the Los Angeles County Fire Department are responsible for enforcing the limits. 14. Prevention of adverse effect of the use on value of adjacent properties. The sale of alcoholic beverages for off-site consumption in the proposed Target Department Store will not adversely affect the value of adjacent properties. The alcoholic component of the department store will be approximately 335 square feet or 0.002% of the overall building square footage. 15. Whether approval would result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration. Per the ABC, there is already an undue concentration of liquor licenses in the subject census tract, resulting in the need for a finding of public convenience and necessity. However, the existing King Ranch Market already has a license to sell beer, wine and distilled spirits at the proposed location. Therefore the proposed new ABC license does not represent an increase in the number of licenses but, rather, the substitute of one license type for another in the subject census tract. As such, the proposal would not increase the number of licenses in the census tract. In addition, staff finds that the public convenience or necessity would be served by the issuance of a Modification to the existing Conditional Use Permit for the proposed Target department store, based on the fact that a department store selling alcoholic beverages, as a supplement to their other merchandise, would provide a convenience to the residents. TTM 070189, ZCA 228, Zone Change Z-2008-01, LIP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 22 of 26 Findings of Fact — Design Review The applicant has designed a large retail store to be as compatible in design with the existing single and multi- family residential, retail and office uses in the project area as possible, while at the same time providing the floor area and parking required for a Target Department Store, Pursuant to Sections 88.51 .032.E of the Development Code, in order to approve a Design Review for construction of the proposed Target department store, the following findings must be made: I . The project provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community. Landscaping, wall articulation, varying building heights and the arched opening on the ground floor leading to the street-level parking, combine with second floor setbacks and decorative wall detail to provide architectural design, building massing and scale appropriate to the site surroundings and community. 2. The project provides attractive and desirable site layout and design, including, but not limited to, building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc. The store-front entry to the Target Department Store is on the southeast corner of the building, with the primary fagades facing south and east. The building is placed on the property line, directly interacting with the streets, parkways and sidewalks. Conditions of Approval are included to assure that the proposed lighting and signage will meet the requirements of the EIR Mitigation Measures and the Development Code. 3. Provide efficient and safe public access, circulation and parking. Public vehicular access to the Target Department Store is available from Azusa Avenue, Ninth Street and San Gabriel Avenue. Parking is provided on the ground leval of the building. Safe pedestrian access to the store is provided through the parking lot and from Azusa Avenue, Ninth Street and San Gabriel Avenue. 4. The project provides appropriate open space and landscaping, including the use of water efficient landscaping. The southeast corner of the proposed building incorporates a two-story, open entry plaza with landscaped pots and planters. The exterior walls of the building are accented with vine pockets, covered with decorative metal grates matching the street-tree grates; vine trellises and plantings, as well as landscaped balconies. These design features, together with proposed street trees and street furniture TTM 070189, ZCA 228, Zone Change Z-2008-01, UP-2008-08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 23 of 26 provide appropriate landscaping and an open space element. 5. The project is consistent with the General Plan, any applicable specific plan, development agreement, and/or any previously approved planning permit. The project is consistent with numerous General Plan goals and policies as summarized in Table 1 of the staff report. 6. The project complies with all applicable requirements of the Development Code, and any other.adopted City design standards, guidelines, and policies. The project is consistent with the development standards of the Development Code as summarized in Table 2 of the staff report. Findings of Fact — Government Code 64502 General Plan Conformance The Redevelopment Agency of the City of Azusa is presently negotiating a Disposition and Development Agreement ("DDA") for the proposed Target project. The DDA includes the sale of four Agency owned parcels to Target for the proposed project (APN's 8608-24-900, -902, -903; -904). The projected benefits to the City of Azusa and its residents arising from the Target project include: • The new 159,000 square foot Target store is expected to generate up to $550,000 in new annual sales tax and increase the amount of annual sales tax generated from the current 32,000 square foot use (retail food sales) at this site in Azusa by approximately $220,000. The strength of a national retailer such as Target will increase the overall community stability and economic outlook for the city of Azusa. The financial condition of Target Stores is strong and expectations remain high for the future. The Azusa Target location will be situated on a 4 acre site with a unique "urban" design found in new infill Target locations throughout the country. • The 159,000 square foot Target may employ between 200 and 250 people at varying pay ranges. Fifteen to twenty percent of those new jobs will be administrative or management positions that range in pay from $37,000 to $46,000 per year. An entry level Target team member can expect to earn $8.00 to $12.00 per hour. . Government Code Section 65402 (c) prohibits a redevelopment agency from acquiring or disposing of real property until the location, purpose and extent of such acquisition and or disposition, has been submitted to and reported upon by the Planning Commission, as to conformity with the General Plan. Completion of the project is consistent with the following General Plan Goals and Policies: Land Use: Districts GOAL 4 Azusa will have a thriving and well balanced business sector located within three r TTM 070189, ZCA 228, Zone Change Z-2008-01, UP-2008.08, Modification of C-99-16, DR-2007-65 June 25, 2008 Page 24 of 26 pedestrian oriented districts that provide dining, retail, office, and entertainment experiences, and one industrial/technology district that provides "tech-driven" manufacturing, warehousing, and other industrial uses along with supporting commercial uses. The project will result in the construction of a new commercial downtown department store, which will help to revitalize the Downtown Transit Village District. A goal of the project will be to provide a "distinctive" experience. An outdoor, plaza and other similar uses on the second floor will be encouraged to "activate" public spaces. The building and site layout will link buildings, public facilities, and parking facilities with each other through the use of walkways and sidewalks and other amenities that contribute to pedestrian oriented activities. The project will contribute to the maintenance of a distinctive and pleasant physical environment through public streetscape and street amenities. The retail project emphasizes a tax generating use that is active each day of the week. Land Use: Commercial and Mixed Use GOAL 5 Allow for and encourage the intensification of commercial uses in the corridors and in the districts to provide economic stability and to provide residents with essential goods and services. The intensification of commercial uses in the Downtown will be achieved through the application of the Development Code standards, which reduce the amount of parking, and minimize setbacks. The structure has been sited and designed to enhance pedestrian activity along the sidewalks, by incorporating furniture and foliage along the street frontage that stimulate pedestrian activity. ECONOMIC DEVELOPMENT GOALS AND POLICIES GOAL I Build and maintain a strong, diverse economy in Azusa. The development of a downtown department store in the Downtown District is consistent with an overall strategy to use land resources efficiently. The project builds on the city's amenities and assets, including the historic character of the Downtown, the diversity of the housing stock, and the proximity of the future Gold Line station. GOAL 9 Create a diverse and balanced revenue base with long-term value, avoiding excess reliance on a single revenue source. The project will help build a high-quality retail base that can hold value over time and adapt to changing circumstances. It will help promote a quality housing stock that will appreciate in value over time. The project promotes business development that can support the city's property tax base and generate sales tax revenues. TTM 070189, ZCA 228, Zone Change Z-2008-01, UP-2008=08,Modification of C-99-16, DR-2007-65 June 25, 2008 Page 25 of 26 GOAL 10 Strengthen the retail and commercial base. The addition of approximately 159,000 square feet of retail space will help to enhance the identity of the Downtown and strengthen retail and commercial base. The project will help promote Azusa's competitiveness at the sub-regional level. The quality of the project will help to attract more new development by demonstrating the City's commitment to ensuring high-quality public amenities in the retail districts, including high-quality streetscapes. GOAL 11 Create a unique place with high quality of life for all its residents. The nature and design of the project is expected to promote quality of life for its own sake as well as making it part of an economic development strategy. By making the Downtown Transit Village a unique place anchored by a department store like Target, the project will help build long-term value in the community. CONCLUSION: Staff has analyzed the proposal and supports approval, subject to the Conditions of Approval and standard requirements recommended. TTM 070189, ZCA 228, Zone Change Z-2008-01, UP-2008-08,Modification of C-99-16, DR-2007-65 June 25, 2008 Page 26 of 26 Prepared : Susan C le enior Planner Revie d C4naIMQN '14ra, Assistant Community Development Director ATTACHMENTS: Exhibit A - Draft Conditions of Approval Exhibit B - Downtown North II Target (DNS Overlay Zone Exhibit C - Tentative Tract Map Exhibit D - Site Plan, Floor Plan and Elevations Exhibit E - Draft Resolutions Exhibit F - Resident's NOA response Article 2 Chapter 88.27 - Overlay Zones 88.27.010 Purpose of Overlay Zones. 88.27.020 Use of Overlay Zones. 88.27.030 Denotation of Overlay Zones. 88.27.040 Foothill Center Overlay. 88.27.050 Downtown North I — Dalton (DND) Overlay. 88.27.060 Downtown North II—Target (DNT) Overlay. 88.27.010 Purpose of Overlay Zones. Overlay zones are established to permit the application of additional or alternative use and development standards to certain properties where such additional standards are necessary to implement General Plan policy and to protect public health, safety, and welfare. 88.27.020 Use of Overlay Zones. Overlay zones shall be used only in conjunction with an underlying base neighborhood, district, or corridor. Except for the supplemental regulations described in this chapter for each overlay zone, the standards established for the underlying base neighborhood, district, or corridor shall apply. In the event of conflicting provisions, the requirements of the overlay zone shall take precedence over the requirements of the base neighborhood, district, or corridor. 88.27.030 Denotation of Overlay Zones. Overlay zones shall be denoted on the zoning map by the base neighborhood, district, or corridor symbol followed by, as part of the symbol, parenthetically enclosed letters indicating the overlay zone. 88.27.040 Foothill Center Overlay. A. Purpose and Intent. The Foothill Center (FC) Overlay Zone is established to allow for the transformation over time of the strip commercial retail shopping center at the south- west corner of Foothill Boulevard and Alosta Avenue into a mixed use center which incorporates the design principles of the Urban Form Element of the General Plan. B. An application for a zone change to permit the establishment of an (FC) zone shall include and be accompanied by a master phasing plan for the entire property. C. Development Standards. The development standards required by the underlying base district shall apply. In addition, the following shall apply: 1. Frontage Types. Residential buildings are exempt from Chapter 88.29 - Architectural Standards if the review authority determines that alternative frontage types will result in a compatible building to street relationship. Exhibit "B" 2. Setbacks for residential buildings. a. The minimum setbacks adjacent to Fennimore Avenue shall be ten feet (10) with no further encroachment. b. The minimum setbacks adjacent to retail parcels shall be seven feet (7') with no further encroachment. 3. Outdoor Lighting. Existing parking areas serving retail buildings may be maintained without complying with the outdoor lighting standards. 4. Parking. a. Landscaping of commercial parking areas. Existing parking areas serving retail buildings may be maintained without complying with the parking lot landscaping standards. b. Tandem Parking Stalls. 36 percent tandem parking shall be allowed in the Residential areas. C. Compact Parking, if provided, shall compromise no more than 10% of the total parking spaces provided, and shall be located only on one side of an aisle. d. Guest Parking may include street parking spaces. 5. Signs. a. A Master Sign Plan is required for the commercial component. It may be processed separately from any planning permit required by the City for the development of the parcel. b. A Master Sign Plan is required for the residential component. It may be processed separately from any planning permit required by the City for the development of the parcel. C. Three residential project entry monument sign, not to exceed 10 feet in height and 30 square feet in sign face area each, are permitted for the townhome development. d. Existing nonconforming freestanding signs may be structurally altered, but not enlarged. e. Exemptions from Sign Permit Requirements. Symbols, pictures, patterns, lettering, and illumination approved as architectural ornamentation or decoration by the review authority are allowed without sign permit or master sign plan approval. 6. Walls. a. Residential perimeter walls may exceed six feet (6'). 7. Private Open Space. a. Private Open Space can be provided through balconies, exterior decks and front patios without a minimum requirement. 88.27.050 Downtown North — Dalton Overlay. A. Purpose and Intent. The Downtown North—Dalton (DN D) Overlay Zone is established to allow for the transformation of the retail site, the Senior Center parking lot, and vacant lots at the northeast corner of Foothill Boulevard and Dalton Avenue into a mixed use development that incorporates the intent of the Downtown District design principles. It is, also, established to allow for the narrowing and re-alignment of Dalton Avenue. B. Development Standards. The development standards required by the underlying base district shall apply. In addition, the following shall apply: 1. Allowable Uses in Districts. All allowable uses in Districts, as stated in Chapter 88.24.005 apply; however, the townhouse/rowhouse use is permitted on parcels 8608-028-901, 8608-028-903, 8608-028-904, 8608- 028-905, 8608-028-908, 8608-029-900, 8608-029-901, and 8608-029- 903. 2. Specific Recommendations: the Civic Center, Chapter 88.24.010.C1-b.h. The Specific Recommendation "h" shall be deleted. 3. Civic Center Plan, Chapter 88.24.010.C1-b h. Civic Center Plan shall not refer to a "new library". 4. Street Sections, Chapter 88.24.010.0.2-b, Foothill Boulevard. Buildings along Foothill Boulevard adjacent to Dalton Avenue are permitted to front the right-of-way with a maximum setback of 0 feet. 5. Regulating Plan, 88.24.010.C. The Regulating Plan will not refer to a "Proposed Library". 6. Building Placement. Site Planning and Building Design — Civic Center, Chapter 88.24.010.E.1. The mixed-use building parcel's (including the parking structure and the stacked flats) orientation is as follows: Foothill Boulevard.—front, Dalton Avenue— side street, rear— Senior Center. The townhomes' parcel orientation is Dalton Avenue —front, Senior Center— side, rail right-of-way—side, and midblock property line — rear. Setbacks for the townhomes' parcel: 7. Building Height and Profile. Chapter 88.24.010.E.3.a.Height: Maximum: Mixed Use building -4 stories or 55 feet whichever is lower, Townhomes— 3 stories or 42 feet, whichever is lower. B. Building Height and Profile. Chapter 88.24.010.E.3.c.Allowable Frontage Types: a. Along Foothill Boulevard: Forecourt, Shopfront b. Along Dalton Avenue in the Mixed Use Building for commercial/retail uses only: Forecourt, Shopfront c. Along Dalton Avenue Townhomes: Porch, Stoop See Chapter 88.29 for definitions and design standards 9. Residential Density Standards. Chapter 88.24.010.E.4. Maximum Density: a. 27 units/blended' acre b. Parcel depth shall be no larger than three times the parcel width. 10. Fences, Walls, and Hedges, and Screening, Chapter 86.30.C. Height limits. For the Mixed-Use, Parking, and Stacked Flats Building: Location of Fence, Wall, or Hedge Maximum Height 1 Front Setback Not Permitted Interior side setback 6 feet, masonry block w/ 2" matching ca Side street setback 42 inches when creating a private space for ground floor residential uses. Rear setback Not permitted no walls Units/Blended Acre as defined for this Development Code Amendment shall mean total number of dwelling units occurring in the four specific lots know as VTTM —069751 Lot 1, Lot 2, Lot 3, and Lot 4/total lot acreage for the four lots specific lots known as VTTM —069751 Lot 1, Lot 2, Lot 3, and Lot 4. permitted between the Mixed Use building and the Senior Center Outside of require setbacks 6 feet, wrought iron. (1) Height includes all columns, pilasters, gates, and other fencing and wall materials. For the Townhomes Site: Location of Fence, Wall, or Hedge Maximum Height 1 Front Setback 42 inches when creating a private space for ground floor residential uses. 6 feet when shielding private parking area. The 6 foot wall cannot be longer than 15 feet in length and shall be split face block, covered with . vines. Interior side setback North - 12 feet, masonry with cap or split face block. Wall shall be covered with vines. South —6 feet split face masonry wall (as needed for retaining wall) with wrought iron above. Walls shall be covered with vines. Side street setback - Not applicable Rear setback 6 feet, masonry block w/ 2" matching cap. Walls shall be covered with vines. Outside of require setbacks 6 feet, split face block or wrought iron. Walls shall be covered with vines. 11. Specific fence and wall requirements. Perimeter walls. Chapter 88.30.020.E. 4. A perimeter masonry wall that is visible from a public right of way shall include articulation by providing, for every 30 feet of continuous wall, or design element including wrought iron, tile insets, or grillwork, or other articulation method approved by the Economic and Community Development Director as being equally effective in avoiding the appearance of a monotonous wall of excessive length. A perimeter wall shall be constructed with pilasters provided at each change in direction, and at a minimum of every 30 feet of continuous wall. 12. Outdoor Lighting 88.31.030 C2. Confine glare and reflections within the boundaries of the site, to the maximum extent feasible. Each light fixture shall be directed downward and away from adjoining properties and public right-of-ways, so that no on-site light fixture directly illuminates an area off the site. In the case of building lighting, each light fixture shall be directed upward and away from adjoining properties and public right-of-ways, so that no on-site light fixture directly illuminates an area off the site. 13. Landscape Standards. 88.34.060A2. Minimum dimensions. Each area of landscaping shall have a minimum interior width of 4 feet. Wherever the City of Azusa Development Code requires a landscaped area of a specific width, the width shall be measured exclusive of any curb or wall. 14. Landscape Standards. 88.34.060131. Size at time of planting. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a five-gallon container for specimen shrubs, a 15-gallon container for trees, a one-gallon container for mass planting, and "flats" for ground covers. 15. Landscape Standards. 88.34.060132b. Trees. Trees in landscape planters less than 5 feet in width or located five feet or closer to a permanent structure shall be provided with root barriers/root barrier panels. 16. Landscape Standards. 88.34.060134. Turf. Turf shall be limited to 25 percent of the total landscaped areas on the site for a drought tolerant turf variety. An infill lot, or other parcel with more than one street frontage, may be approved with turf up to 35 percent of the landscaped area on the site for a drought tolerant turf variety, where necessary to provide for consistent streetscapes. No turf shall be allowed: a. in any area of four feet or less in width; or b. On any slope exceeding 3:1. A level buffer zone of 12 inches shall be provided between bermed turf areas and any hardscape (e.g., any street, walkway, or similar feature). 17. Landscape Standards. 88.34.060C3. Irrigation Systems Requirements: No turf shall be allowed in areas less than 4 feet wide, excepting parking strips between the curb and sidewalk where there will be foot traffic. 18. Landscape Standards. 88.34.060F3. Documentation for Compliance. Upon completion of installation of the landscape, the landscape design principal or owner shall submit to the Director a certificate of completion . and certificate of substantial conformance, stating that the project has been installed as designed, or with documentation of suitable substitutions. 19. Parking and Loading. Downtown Parking Requirements. Parking and Loading 88.36.050.6. Proposed development shall provide 164 resident and guest parking spaces for the 57 residential stack flat units and 36 parking spaces for the 9,000 square feet of retail. The proposed development will provide 36 resident and guest parking spaces for the townhouses. The Use Permit requirement for additional spaces is waived. 20. Parking and Loading 88.36.090 J 1. Wheel stops/curbing. Within the parking structure, individual wheel stops can be provided in lieu of the continuous curbing. 21. Parking and Loading. 88.36.090 D. Minimum parking stall shall be: Farking Space Type Minimum Length Minimum Width Standard 18 feet 9 feet Compact (Optional) 17 feet 8 feet 22. Parking and Loading 88.36.100 A2a. Driveway and Site Access — Number of Driveways. The parking structure will have two driveways accessing Dalton Avenue; one driveway will be designated for retail and other users, and the second drive will be designated for residential use. The Economic and Community Development Director has been granted the authority to permit the developer to build a single vehicular entrance or driveways accessing Dalton Avenue to accommodate both the retail and residential components of the mixed use development. The townhouse area will have one driveway accessing Dalton Avenue. 23. Parking and Loading 88.36.100 C2. Driveway and Site Access — Driveway Width and Length. The maximum driveway width is 26 feet inclusive of median landscaping. 24. Parking and Loading 88.38.110 B1e. Loading Space Requirements. a. Loading for the retail uses may occur within the parking structure. 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P�artcIng reas'��S�cure�a�'c�ng ar asare exempt 3foYn'air�tenorx � a�ndsca erre u`irej�'�a tstery� sWIN,sfiallurroiude ectend`r '. rr' a ail landsca edareas III o sines per hey requ�rem pits �h e amr raft Servta ©e�pa�r me �an,scape�revie 3 x# +,ea* -Ui �" r>«t.a r.v'a't e+^ •.5'rFot `.'�,r`¢!. -r ' r 88ry38t_ §Prkil�g� oadiJg� aS { z A {TrnaF`1a.* 88 3'6a S�rtic#u e'd;P�=arkmg The e�rterior facade'o'f the parking, 'strLicture §haU`be"designec�to"approximate and b� compatible with the appeatance of the comjnerciai s#ructure,:es determined by the review:;, a`ufhbr♦ty, + x �r,.;_ �, �:�*t _r s. 4 : . F Exhibit "A" Draft Conditions of Approval - City Council (8/4/08) Case No: TTM 070189; ZCA 228; Z 2008-01 ; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Address: 809 N. Azusa Avenue A.P.N.: 8608-24-900; -902; -903; -904 Project: Target Department Store These conditions of approval shall be printed on or attached to working drawings submitted to the Building Division for approval. A. All requirements of the Planning Division shall be met, including but not limited to the following: 1. The Tentative Tract Map, the Design Review, Use Permit UP-2008-08 and Modification of C-99-16 shall be exercised within two years after approval, or said permit shall expire and be subject to revocation, unless an extension of time is approved in compliance with Section 88.52.040 of the Development Code. The permit shall not be deemed "exercised" until the applicant has obtained a building permit. 2. The Site Plan shall be suitably signed and striped to deter truck access and entry from Azusa Avenue. 3. Provide preliminary lighting plan. 4. Revise the Site Plan to show eight (8) bicycle parking spaces and eight (8) motorcycle parking spaces in the parking area. 5. Add a note and detail to the revised Site Plans indicating that the shopping carts must be equipped with a locking system to prohibit the Target shopping carts from leaving the project site. 6. Add a note and detail on the Site Plans indicating that for the peak month of December, an off-site employee parking program shall be implemented. Employee parking shall take in the range of 1 10 to 135 total parking spaces at peak times. By adopting on off-site employee parking strategy during weekdays and weekends in December, there would be no parking supply shortfall during weekdays or weekends even in this peak month. Such an off-site strategy shall identify parking for employees at locations outside the immediate area of the store and provide shuttle bus transportation from the remote location(s) to the Target store. 7. All applicable Building Division and Fire Department requirements shall be met at all times. 6. All construction and uses shall be in substantial conformance with the approved plot plan and elevations as modified pursuant to the conditions listed herein. P:\1PIanning\Entitlements\12-Design RevieM2007\DR 2007-65 809 N Azusa TargetCity CounciAExhibit A CC 7-27-08.doc CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 2 of 23 9. All roof equipment shall be screened to the satisfaction of the Planning Division. 10. 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. 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 with the dumpster(s) lid(s) closed, except when being serviced by the disposal company. 11. 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. 12. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation,weeding, and/or replacement when necessary. 13. Three sets of Landscape, Irrigation and streetscape 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, design of an automatic irrigation system with detailed cross-sections shall be clearly indicated, as well as the location of the required streetscape furniture and amenities, such as benches, river-rock pedestals; trash receptacles, lighted tree grates in the tree-wells and half-grates in the vine pockets, lighted bollards, decorative street lights etc. in public right-of-way sidewalk areas. [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 and type of parkway trees, if any, shall be determined by the Parks Division. 14. 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. 15. Applicant shall provide and maintain a litter receptacle outside of the business and be responsible for keeping the receptacle and the area around it clean and free of excess trash or debris at all times. 16. Outside storage of any and all materials, goods, etc., is absolutely prohibited. CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 3 of 23 17. All illuminated sign and parking lot lighting shall be located, aimed and/or shielded to prevent lights from shining or reflecting on adjacent property. 18. A Master Sign Plan is required. All signs require separate sign permits, and must comply with those sign regulations set forth in Chapter 88.38 (Signs) of the Development Code to include restrictions on sign area, sign types, sign materials, and sign height. 19. 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. 20. Portable signs on the property are prohibited. 21. Temporary signs on the property shall meet all requirements of Chapter 88.38 (Signs) of the Development Code. 22. All handling and storage of hazardous waste, materials, or chemicals shall be in accordance with all applicable State, Federal, or local laws. 23. All requirements of the State Department of Alcoholic Beverage Control (ABC) shall be met at all times. Should the ABC license be revoked, subject conditional use permit shall automatically be scheduled for revocation. 24. 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 herein, the City shall recover from the applicant or successor in interest reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City obtains a judgment in its favor in any portion of such action or proceeding. 25. 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. 26. 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. CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 4 of 23 27. For Parcel and Tract Maps: 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 28. Any changes to the conditions listed above must be approved by the Planning Commission. B. All requirements of the Recreation and Parks Department shall be met, including but not limited to the following: 1. Parkway trees are required, located no closer than 30 feet nor greater than 65 feet apart and shall be irrigated per City Plan specifications. Variety to be specified by Superintendent and per the improved landscape plan (clarification added). 2. No work within the public right of way shall be commenced without first obtaining a public works permit. 3. 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. 4. Three sets of Landscape, Irrigation and streetscape 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, design of an automatic irrigation system with detailed cross-sections shall be clearly indicated, as well as the location of the required streetscape furniture and amenities, such as benches, river-rock pedestals; trash receptacles, lighted bollards, decorative street lights etc. in public right- of-way sidewalk areas. [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 and type of parkway trees, if any, shall be determined by the Parks Division. C. All requirements of the Building Division shall be met, including but not limited to the following: 1. Applicant shall conform to the 2007 Uniform Building Standards Codes incorporating the State of California 2007 California Building Code, California Mechanical Code, California Plumbing Code, and (P:IIPLANNINGIENTITLEMENTSII2-DESIGN REVIEM20021DR2007-65 809NAZUSATARGE TJCITY COUNCILIERHIBITA CC 7-17-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 5 of 23 the 2007 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, sanitation fees, water reimbursement, park fees) prior to issuance of any building permit. 3. Electrical, mechanical, plumbing plan check fees are required. 4. Applicant shall submit 3 complete sets of plans including site, foundation, roof framing, framing, floor and elevation plans for plan check. 5. Structural, architectural, electrical, mechanical, plumbing plans shall be designed by a State of California Registered Engineer, or a State of California Registered Architect. 6. Applicant shall submit 3 copies of structural calculations simultaneous with the construction plans. 7. Applicant shall submit 3 copies of energy calculations simultaneous with the construction plans. 8. Electrical, mechanical, plumbing plans shall be submitted for plan check simultaneous with the construction plans. 9. Applicant shall submit 3 copies of soil report simultaneous with the construction plans. 10. Prior to issuance of a permit, the applicant shall provide the Building Division with two sets of plans that have been reviewed and approved by the Los Angeles County Health Department. Applicant is responsible for submitting plans to the Los Angeles County Health Department. Prior to issuance of a permit, the applicant shall provide the Buiiding Division with two sets of plans that have been reviewed and approved by the Los Angeles County Fire Department. Applicant is responsible for submitting plans to the Los Angeles County Fire Department. 11. Applicant recognizes that approval granted is for planning and zoning only and the owner is obligated to meet all applicable Building Division requirements. 12.. 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 (P:11PLANN/NGI£NT/TL£M£NTSI12-D£51GNREVI£W20071DR2007-65 809NAZUSA TARG£Tl C/TY COUNCIL I EXHIBIT A CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 6 of 23 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: 13. Plans as submitted are not acceptable for Building Division submittal. 14. Plans must comply with all California Accessibility standards. D. All requirements of the Water Division shall be met, including but not limited to the following: 1 . Project will require an approved backflow device. 2. May require installation of a new water main. 3. Plan Check is required. 4. 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 of Division 5 entitled "Water System Development Fee" if there is any change in floor footage. Fee must be paid to the Light and Water Department following the final plan approval by Building Division. 6. This project is subject to Ordinance No. 07- 012, Sections 78-513 of division 6 entitled "Conservation Plan" of Article VI of the City of Azusa Municipal Code. 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 either by installing retrofits or by providing funds to perform.retrofits. 7. The following estimated Water System Development Fee is based on resolution numbers OC3-C63 and will be changed to reflect the actual rate as of the day fees are paid. 8. Water system improvements shall be furnished and installed by the project developer/owner with review, approval and inspection by Azusa Light and Water Department. 9. ' Design and installation methods shall conform to the requirements and standards of Azusa Light and Water Department. 10. Project developer/owner shall submit for review the following plans (P:11PL.ANNINGIENT17LEMENTSI12-DES/GN REKEWI20071DR2007-65 809NAZU54TARGE71CITY COUNCILIEXHIBITA CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 7 of 23 to Azusa Light and Water Department prior to layout or sizing of the water distribution system at the project site. Project plans required for submittal are: a. Site survey, grading plan and site plan. b. Roadway improvement plans including all underground utilities other than water. c. A consultant's analysis and verification of the water system sufficient to handle increases resulting,from the demand of the project. d. Water plan includes proposed abandoned or relocated facilities. 11 . Existing water facilities shall remain in place and in service until the replacement water system is installed and accepted by Azusa Light and Water Department, unused service to be abandoned at main. 12. Any relocation, modification or alteration of existing water facilities arising from the project improvement plans shall be done at the sole cost of the project developer/owner. 13. Existing easement shall be retained until released by Azusa Light and Water Department; new easement shall be dedicated by the project developer/owner to Azusa Light and Water Department as necessary. Easement documents shall be prepared by, and at the expense of, the property developer/owner on forms approved by Azusa Light and Water, and shall be submitted to the City Clerk's office for acceptance and recording no later than the time to place the water facilities in service. 14. Prior to construction, the project developer/owner shall coordinate and resolve with the City of Azusa Planning Division any issues relating to visual impacts arising from the installation of visible water facilities. 15. In addition to furnishing and installing necessary water system improvements, the project developer/owner shall pay to Azusa Light and Water all related fees and charges, including development fees, in the manner prescribed by law. 16 Land Use Category: Commercial — square foot of usable space or acreage of whole area @ $7,308.45 / acre, $0.73/SF E. All requirements of the Light Division shall be met, including but not limited to the following: 1 . Prior to approval of proposed project, contact Electric Division as (P:1 IPLANNINGIENTITLEM£NTSI 12-DESIGN REVIEIM20011DR 2007-65 809 NAZU£4 TARGE71CITY COUNCILITXMIBITA CC 7-27-08,DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 8 of 23 soon as possible for details on Specifications & requirements and Method of service. 2. Incoming electric utility facilities shall be underground. Developer to provide the following: a) All conduits b) Pull boxes c) Transformer pads d) Street lights 3. Extensive electrical line rebuilding may be necessary. Applicant is directed to contact and make arrangement with the Electric Division immediately. 4. SPECIAL CONDITIONS FOR NEW OR UPGRADE OF ELECTRIC SERVICE ON COMMERCIAL CONSTRUCTION PROJECTS a. Owner/developer shall contact Consumer Services Division or information on the establishment of new or upgraded electric accounts. b. Owner shall submit to Azusa Light and Water two (2) separate sets of plans showing the following: i. Site survey plan of building to include additions & remodeling foundation, elevations, sections and location of existing electric easements. ii. Electric service desired, electrical load calculation and single line diagram. iii. Locations of electric meter panel and main switchgear on or in building and drawings, if necessary. iv. Location of transformer pad and related substructures. 5. All existing electric service and facilities shall remain. Any relocation, modification, alteration, or upgrade of existing electric service and facilities shall be at the sole cost and expense of owner/applicant/developer. 6. Owner shall grant easement to Azusa Light and Water of any electric facility to be installed within final consolidated parcels. 7. Any existing electric facility or part thereof affected by this proposed parcel consolidation shall be relocated at sole cost and expense of developer/owner. 8. Existing overhead power line located along the existing southern property line of proposed consolidated parcel which also serves other customers shall be protected in place prior to a completion of (P:I MPLANN/NGIEN7/TLEMENTSI12-DES/GN REVIEwi20071DR 1007-65 809 NAZUSA TARGETICITY COUNCTLIEXH/8/TA CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 9 of 23 replacement line. 9. Any existing or proposed electric facilities, impacted by the additional 30" construction on the west side of the project, shall be addressed by redesign, relocation or modification of the facilities and all costs shall be paid by the developer. F. All requirements of the Police Department shall be met, including but not limited to the following: I . Install lighting systems that provide uniform white light which provide night time vision for motorists to increase the visibility of pedestrians, other vehicles and objects (which should be seen and avoided). 2. Install lighting systems that provide uniformed white light which provide night time vision for pedestrians, homeowners and business people to permit pedestrians to see one another, to see risks involved in walking at night and to reduce the risk of trip and fall accidents. Moreover, provide lighting systems which will enhance police ability for surveillance, patrol and pursuit. 3. Install lighting systems that provide uniformed white light that minimize glare, light pollution and light trespass. Where necessary, provide light transition zones. 4. All lighting systems should be protected from vandalism (e.g., unbreakable exterior, tamperproof hardware, non-corrosive design components and shock absorbing bracket design). 5. Clear signs must be posted where parking time is limited (e.g., street parking). 6. Handicapped parking stalls shall be marked in compliance with CVC 22511 .8 7. Fire lanes shall be marked in compliance with CVC 22500.1 8. If the property owner wants illegally parked cars to be towed or cited, the property must have signs posted in compliance with CVC 22658 9. Strategically placed surveillance cameras shall be installed at parking lot entrances/exits, entry/exit points of the store, cashier counters and along the south side of the building (to include loading dock area) that are digitally recorded and stored for at least 30 days for investigative purposes. When requested by police personnel, Target employees shall provide digitally captured video and images to the (P:IIPLANNINGIENTITLEMENT5112-DESIGN REVIEMI20071DR 2007-65 809 NAZUSA TARGE71 CITY COUNCILIEXHIBITA CC 7-27-OB.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 10 of 23 Azusa Police Department in a timely manner, preferably within 60 minutes of the crime being reported and/or investigated. In addition, warning signs of such recording(s) shall be conspicuously posted as a crime deterrent. 10. All containers in trash enclosure areas shall have a lid, kept closed, and either the containers and/or enclosures should be lockable to deter illegal dumping. 11 . All planters shall utilize materials and/or finishes on top caps that discourage skateboarding. 12. All landscape material should not have canopies lower than six feet and shrubbery higher than two feet to maximize pedestrian visibility. 13. Approved graffiti resistant finishes shall be used wherever possible. 14. The store shall be equipped with an audible or silent burglary alarm at all entry/exit points and monitored by a reputable alarm company and be in compliance with pertinent AMC requirements for alarm systems. 15. Two designated police parking spaces (non-compact) shall be provided near a store entrance for arrest/investigative purposes. 16. A designated room shall be made available to law enforcement for investigative and custody purposes (e.g. shop lifters and other criminal offenders apprehended by store security/personnel). 17. Target store private security or other store personnel shall be required to frequently patrol the parking lot and monitor video surveillance monitors. 18. Clear signs stating I.D. will be required for anyone that appears to be underage and wants to purchase alcohol consistent with California State Alcohol Control Board requirements. G. All requirements of the Fire Department (Fire Engineer) shall be met, including but not limited to the following: 1. Submit four corrected architectural sets of plans for final approval prior to the issuance of Building Permits to the Fire Prevention Engineering offices located at 5823 Rickenbacker Road, Commerce, CA 90040. Plan sets shall contain a minimum of site plan, Floor plan, elevations, door and window schedules and appropriate section details. Please provide architectural sheets only. No civil, electrical, mechanical, plumbing, etc. (P.IIPLANNINGIENTITLEMENT5112-DE51GNRE✓IEK120071DR2007-65 809NAZU5ATARGE7ICITY COUNCILIEXHIBITA CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 11 of 23 2. Indicate on plans the type of construction, building code occupancy classification, area of each floor and building area justification. 3. Provide a minimum unobstructed width of 26 feet, clear to the sky, vehicular access to within 150 feet of all portions of exterior walls. 28 feet clear to the sky is required when the height of building in over 35 feet. Cross-hatch the Fire Department vehicle access on plans. 4. Fire Department vehicular access roads shall be provided with a 32 foot centerline turning radius. (Fire Code 503.2.4) Indicate the centerline, inside and outside turning radii for each change in direction on the site plan. 5. Note on site plan that building address numbers shall be provided and maintained so as to be plainly visible and legible from the street fronting the property. The numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. (Fire Code 505. 1) Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs. (Fire Code 505.2) 6. Note on site plan that a Key Box shall be provided and maintained in accordance with Fire Code 506 and as set forth in Fire Department Regulation 5. 7. Indicate size and locations of all existing fire hydrants on site plan. 8. Provide note on site plan indicating: all hydrants shall measure 6" x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal and shall be installed in compliance with Fire Department Regulation 8. (Fire Code 508-4) and all required PUBLIC fire hydrants shall be installed, tested and accepted prior to beginning construction. (Fire Code 501.4) 9. Provide note on site plan indicating the inspection, hydrostatic test and Flushing of the underground and overhead fire protection piping shall be witnesses by an authorized Fire Department representative and no underground piping or thrust blocks shall be covered with earth or hidden from view until the Fire Department representative has been notified and given not less than 48 hours in which to inspect such installations. (Fire Code 901 .5) 10. Indicate on the site plan the Building Code occupancy classifications) . for all separate and distinct uses of the structures(s) in accordance with (P:I/PLANNINGIEN7/7LEM£N751 12-DE51GN REVIEWI20071 DR 2007-65 809 N AZUSA TARGE71 CITY COUNCIL EXHIBITA CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 12 of 23 Building Code 302.1. 11 . Indicate the Building Code type of construction, per Building Code Section 602.1 , on the site plan and provide construction details for the structural elements in Building Code Table 601. 12. The height and area of buildings of different construction types shall be governed by the intended use of the building and shall not exceed the limits in Table 503 except for area modifications in Section 506. Incorporate calculations on the site plan. 13. The fire-resistance rating of exterior walls with a fire separation distance shall comply with the Building Code Table 602 and Table 704.8 Building Code 704. Indicate fire resistance of exterior walls on site plan, floor plan and provide a construction detail. Indicate opening protection in door/window schedule. 14. Indicate on the floor plan and in door/window schedule the fire resistive assemblies for the protection of openings, when required by the Building Code shall comply with Building Code 715 and Table 715.4. 15. Openings through floors shall be enclosed in a shaft enclosure of fire- resistive construction as required by Building Code. 16. Elevators, dumbwaiters, escalators and moving walks shall comply with . the requirements set forth in Building Code 30. Provide note on site plan. Provide an approved automatic fire sprinkler system as set forth by Building Code 930 and Fire Code 903. Pians shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. Provide notes on plan. 17. Incorporate occupant load calculations and exit widths analysis for all portion of the building in accordance with Building Code 18. Egress doors shall be readily operable from the egress side without the use of a key or any special knowledge or effort. Building Code 1008.1 .8. Provide note on site plan and indicate in door schedule. 19. Egress doors shall swing in the direction of egress travel where serving an occupant load of 50 or more persons or a Group H occupancy regardless of the occupant oad. Building Code 1008.1.2. Indicate door swing on floor plan. 20. The minimum width of each door opening shall be sufficient for the occupant load thereof and shall provide a clear width of not less than 32 inches. The height of doors shall not be less than 80 inches. Building Code 1008.1 .1 . Indicate on floor plan and door schedule. (P.'I1PL4NNINGIENTITLEMENT5112- DE51GNREWEM20071DR2007-65 809 NAZUSA TARCE71CITY COUNCILIEXHIBITA CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 13 of 23 21 . The means of egress travel shall be illuminated at any time the building is occupied with a light intensity of not less than 1 foot- candle at the walking surface level. Building Code 1006.2. Provide note on site plan. 22. The power supply for means of egress illumination shall normally be provided by the premises electrical supply. In the event of power supply failure, the emergency power system shall provide power for a duration of not less than 90 minutes and shall consist of storage batteries, unit equipment or an on-site generator. Building Code 1006.3. Provide note on site plan and indicate the light fixtures with emergency power on reflected ceiling plan. 23. Exits, exit access doors and paths of egress travel that are not immediately visible to the occupants shall be marked by an approved exit sign that is readily visible from any direction of egress travel. Exit signs shall be internally or externally illuminated. Building Code 101 1 . Additional exits signs may be required at time of field inspection. Indicate exit sign locations on floor plan/reflected ceiling plan. 24. Interior exit stairways and exit ramps shall be enclosed with fire barriers constructed in accordance with Section 706 or horizontal assemblies constructed in accordance with Section 711 , or both and shall not be used for any purpose other than as a means of egress. Building Code 1020. Show exit enclosure on floor plans and provide construction detail. 25. Walls and soffits within enclosed usable spaces under enclosed and unenclosed stairways shall be protected by 1-hour fire-resistance- rated construction or the fire-resistance rating of the stairway enclosure, whichever is greater. Building Code 1009.5.3. Indicate on floor plan and provide stairway detail. 26. Portable Fire Extinguisher shall be installed in locations as required by Fire Code 906. Provide note on site plan. 27. Dumpsters and containers with an individual capacity of 1 .5 cubic yards (40.5 cu. ft.) or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof eaves, unless areas containing dumpsters or containers are protected by an approved automatic fire sprinkler system. Fire Code 304.3.3. Provide note on site plan. 28. These plans will not be approved for High piled Storages. Separate (P.-IIPLANN/NGI£NT/TLEM£NTSi12-D£51GNREVIEW2007IDR1007-65 809NAZUSATARGETIC/TY COUNC/L I£)67B1T A CC 7-17-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 14 of 23 plans shall be submitted for High Piled storages approval. 29. The fire hydrant requirements for this project are as follows: Install 4 PUBLIC fire hydrant(s). See site plan for location. Fire Code 901 .4.1 and Fire Department Regulation 8. Show new/upgrade/relocated hydrant locations on site plan. 30. Additional Requirements may be imposed, in accordance with applicable codes, regulations, standards and policies after the above information is reviewed. TRACT MAP (Land Use Unit) 1 . Access shall comply with Section 503 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 distance 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. 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. S. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. 6. Provide Fire Department of City Approved street signs and building access numbers prior to occupancy. 7. All on-site driveways shall provide a minimum unobstructed width of 26 feet clear to the sky. Contact Fire Prevention Engineering for additional Fire Department requirements during the Building Plan Check Phase. 8. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 9. The required fire flow for public fire hydrants at this location is 5000 gallons per minute at 20 psi for a duration of 5 hours, over and above maximum daily domestic demand. (P:IIPL4NN/NGIENT/TLEMENTSI 12- DESIGN REVIEW2007IDR 2007-65 809 NAZUSA TARCE71CITY COUNCIL I EXHIBIT A CC 7-17-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 15 of 23 10. The required fire flow for private on-site hydrants is 2500 gallons per minute at 20 psi. Each private on-site hydrant must be capable of flowing 1250 gallons per minute at 20 psi with two hydrants flowing simultaneously, one of which must be the furthest from the public water source. 11 . All hydrants shall measure 6" x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All on-site hydrants shall be installed a minimum of 25' from a structure or protected by a two (2) hour fire wall. 12. All required fire hydrants shall be installed, tested, and accepted or bonded for prior to Final Map approval. Vehicular access shall be provided and maintained serviceable throughout construction. 13. Additional water system requirements will be required when this land is further subdivided and/or during the building permit process. 14. Fire hydrant upgrade is not necessary, if existing hydrant(s) meet(s) fire flow requirements. Submit original water availability form to the following office for review: Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040, (323) 890-4125 15. Submit sizes and locations of all existing fire hydrants within 300 feet of all property lines. Provide evidence on LACoFD fire flow form, Form 196, that the hydrants and available flow rate meet the current Fire Department standards. This form shall be submitted to our office prior to clearance of the tentative map. 16. All hydrants shall be installed in conformance with Title 20, County of Los Angeles Government Code and County of Los Angeles Fire Code, or appropriate City regulations. This shall include minimum six-inch diameter mains. Arrangements to meet these requirements must be made with the water purveyor serving the area. H. All requirements of the Engineering Division shall be met, including but not limited to the following: 1 . Storm drainage: Review flow, hydrology, from North. Submit all drainage plans and hydrology report for approval. 2. Verify that, after grading and construction of walls and buildings, the drainage flows for the project and adjacent properties are clear and unimpeded. 3. A construction permit from the State of California Department of Regional Water Quality Board may be required for the project. (A-1IPL.INNINGIENTITLEMENTSI12-DESIGN REVIEWi20071DR2007-65 809NAZUSATARGE71C/TY COUNCIL 1 EXHIBIT A CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 16 of 23 4. Sewer: Developer should video/clean up to 2,000 feet of existing sewers that are to receive flow from the project. 5. Sewer study should include capacity analysis of the existing system from the project to the treatment facility. Note that LACSD requires a capacity review for a permit. 6. The sewer system connections shall be accomplished while maintaining service to the upstream tributary areas. 7. Street: Obtain written or stamped approval of Los Angeles County Fire Department for access and roadways. 8. Traffic control and ramps to be in place for intersections and crossings during construction. 9. Remove and reconstruct sidewalks to conform to the City downtown streetscape standards. 10. Resurface-all damaged pavement areas of Azusa Ave. San Gabriel Ave. and Ninth St. 11 . Environmental: Project must comply with NPDES and any requirements of the State Water Quality Control Board, 12. Civil Engineer must submit SUSMP report, SWPPP, and detailed list of Best Management Practices for approval prior to or with grading plan. 13. Dust control during construction is required. Submit plan for approval. .14. Work hours shall be limited to 7:00 AM to 6:00 PM, Monday through Saturday. No work shall be performed on Sundays or Holidays. 15. Prepare Final Map in conformance with Subdivision Map Act and pay checking and recording fees. 16. Protection of the public, pedestrians, and traffic during above grade construction of the structure is paramount, and full submittal of proposed protection systems for approval is required. 17. Issuance of final map prior to completion of work in public right of way will require that a bond or security device be posted sufficient to cover said work, and that a cash deposit shall be posted for monument placement security. 18. All work within the Public Right of Way will require application for and issuance of an Encroachment Permit issued by the Department of . Public Works. 19. Haul route approval and transportation permits required for all construction vehicles. 20. Traffic control shall be maintained during construction to provide adequate vehicular and pedestrian access to facilities in the work area. (Al IPLANNINGIENTITLEMENTSI12-DESIGN REVIEWI20071DR2007-65 809 NAZUSA TARGE71CITY COUNCIL I EXHIBIT A CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 17 of 23 21 . Provide rough and finish grading plans signed by a Registered Civil and Geotechnical Engineer. 22. Prior to the issuance of grading permit, provide verification of fee payment to County Sanitation Districts of Los Angeles County. 23. Provide ADA access around building in conformance with current codes. 24. Provide Engineering Division with copies of all environmental site remediation clearances. 25. Obtain demolition permit from the City Building Division. 26. Minimum radius for curb returns shall be 35'. 27. Provide signal modifications for the proposed traffic mitigation for the intersection of San Gabriel Avenue and Ninth Street. 28. Prepare street improvements for Ninth Street and San Gabriel Avenue for new diagonal on-street parking and curb return revision. 29. Prepare signing and striping plans to the satisfaction of the City Engineer. 30. New driveways shall be constructed in conformance with City of Azusa Engineering standards. 31 . Prepare sewer plans to relocate 8" sewer on Azusa Ave. If the building foundation's plane of influence over/on existing sewer main. 32. Prepare streetscape /furniture plan for review. 33. Construct curb ramps at southeast corner of San Gabriel Avenue and Ninth Street to conform to the latest codes for accessibility. 34. Provide Engineering Division with copies of ALTA Site Survey. 35. Provide City of Azusa with a completed site boundary survey, wet- signed and stamped by a licensed land surveyor. 36. Provide street vacation documentation and title report for San Gabriel Avenue for vacation of the easterly 36 feet from the southerly right-of- way of Ninth Street to the northerly right-of-way of the railroad. 37. Provide easement documents for any proposed easements from the City for foundation and landscaping needs. 38. Prepare street improvement, traffic signal modifications and signing and striping plans to conform to the recommendations of the traffic study and to the satisfaction of the City Engineer at the intersections of Foothill Boulevard and Azusa Avenue, First Street and Azusa Avenue, and a.new signal at Ninth Street and Azusa Avenue. 1. All Mitigation Measures of the Draft Environmental Impact Report shall be (P:IIP(ANNINGIENTITLEMENT5112-DE51GNREVIEW20071DR2007-65 809 NAZUSA TARGE71CITY COUNCIL(EXHIBITA CC7-Z7-08.DOq CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 18 of 23 met, including but not limited to the following: Al . The proposed project shall incorporate design features to lessen the visual contrast with existing residences on San Gabriel Avenue. The design features to be implemented include, but are not limited to, varying building height, sloped roof design, and landscaping as approved by the director of the public Works Department, all of which shall be consistent with the proposed project elevations and perspectives shown in Section 3.0 Project Description, as well as previously in the current section. These features shall be coordinated between the project applicant and the City of Azusa during the design review approval process before the Planning Commission and shall provide for a development that is more consistent with the visual character of the neighborhood. A2. All exterior lighting shall be shielded in a manner to focus illumination onto entrances, the loading dock, the covered surface parking, or onto the building itself and not be directed in a manner to cause spillover lighting on residences located along San Gabriel Avenue and 91" Street. A3. The determination of exterior building materials to be installed with the proposed project shall be coordinated between the project applicant and the City of Azusa to ensure that light and glare impacts would not occur. The following exterior building materials shall be used with the proposed project: buckskin and prairie clay (or similar colors) paint, plaster, concrete, and all non-reflective windows and other materials, such as clay tile roof, ceramic wall tile, decorative ventilator brick panels, and wall trellises. AQ1 Water or a stabilizing agent shall be applied to exposed surfaces in sufficient quantity to prevent generation of dust plumes. AQ2 Track-out shall not extend 25 feet or more from an active operation, and track-out shall be removed at the conclusion of each workday. AQ3 A wheel washing system shall be installed and used to remove bulk material from tires and vehicle undercarriages before vehicles exit the project site. AQ4 All haul trucks hauling soil, sand, and other loose materials shall maintain at least six inches of freeboard in accordance with California Vehicle Code Section 23114. AQ5 All haul trucks hauling soil, sand, and other loose materials shall be (P.11PLANNINGIENTITLEMENT5IIZ-DE5/GNREVIEWI20071DRZ007-65 809 NAZUSA TARGE71CITY COUNCIL EXHIBITA CC 7-17-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 19 of 23 covered (e.g., with tarps or other enclosures that would reduce fugitive dust emissions). AQ6 Traffic speeds on unpaved roads shall be limited to 15 miles per hour. AQ7 Operations on unpaved surfaces shall be suspended when winds exceed 25 miles per hour. AQ8 Heavy equipment operations shall be suspended during first and second stage smog alerts. AQ9 On-site stock piles of debris, dirt, or rusty materials shall be covered or watered at least twice per day. BRI If the Coast Live Oak trees along the east side of San Gabriel Avenue are to be removed, prior to construction of the proposed project, the presence of raptor or migratory nesting birds in the trees shall be evaluated. If the presence of raptor or migratory nesting birds is determined, the construction of the proposed project shall avoid removing the identified trees until the young have fledged. BR2 During the final design phase of the proposed project, and prior to the start of the demolition/construction phase, the project applicant shall submit a final landscape plan to the City of Azusa for approval by the City's Urban Forester and the Director of the Department of Public Works. The final landscape plan shall include provisions to either protect in place the existing Coast Live Oak trees in the parkway or replace them, per the requirements of the City of Azusa Tree Preservation Ordinance, with the condition that any replaced Coast Live Oak tree would attain at least 30-feet in height, along.the east side of San Gabriel Avenue within the new parkway, within a 20-year period. The replaced Coast Live Oak trees shall be placed in the appropriate box size to accommodate the ultimate height the tree would reach within a 20-year period. GS 1 Best Management Practices (BMPs), required as part of the National Pollutant Discharge Elimination System (NPDES) permit and application of South Coast Air Quality Management District (SCAQMD) Rule 403, shall be implemented for the proposed project to reduce potential soil erosion due to grading and excavation activities. BMPs would comply with applicable UBCs and include, but are not limited to, scheduling excavation and grading activities during dry weather, covering stockpiles of excavated soils with tarps or plastic sheeting, .and debris traps on drains. (P.IIPLANNINGIENTITLEMENT5112-DE51GNREVIEMI20071DR2007-65 809NAZUSATARGETIC/TY COUNCILIEXHIBITA CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 20 of 23 GS2 A liquefaction assessment shall be preformed by a certified engineering geologist or registered civil engineer, as specified in Division of Mines and Geology's Special Publication 117 Guidelines, and its recommendations shall be incorporated into the foundation design of the proposed project. HMI Consistent with the 1994 Federal Occupational Exposure to Asbestos Standards, a Licensed Asbestos Inspector shall be retained to determine the presence of asbestos and asbestos-containing materials (ACMs) within structures to be demolished on the project site. If asbestos is discovered, a Licensed Asbestos Abatement Contractor shall be retained to safely remove all asbestos from the site prior to demolition activities. HM2 For existing structures to be demolished on the project site, lead- based paint testing shall be conducted due to the deteriorating condition of many painted surfaces. All materials identified as containing lead shall be removed by a licensed lead-based paint/materials abatement contractor. HM3 On-site Fluorescent light ballasts and electrical transformers that are not marked "No PCBs" shall be removed prior to demolition activities and shall be disposed of by a licensed and certified PCB removal contractor, in accordance with local, State, and federal regulations. HM4 195 tons of contaminated soil in the southeastern portion of the project site containing diesel hydrocarbons, arsenic, and soluble lead shall be removed and disposed of as hazardous waste per the specifications of the LARWQCB or other agencies overseeing the cleanup of the proposed project. Removed soil shall be excavated at a depth of two feet in the southeastern portion of the project site adjacent to contaminated soil samples found at TPH2, TPH3, and SS2 of the 809 North Azusa Avenue Soil Sample Report. HM5 175 tons of contaminated soil in the southwestern and northern portions of the project site containing arsenic shall be disposed of at a permitted landfill per the specifications of the LARWQCB or other agencies overseeing the cleanup of the proposed project. Removed soil shall be excavated at a depth of two feet adjacent to arsenic contaminated soil samples found at KRSS 13 and 14 of the 1 10-190 East Ninth Street Soil Sample Report and EASS 10, EASS 15, and EASS23 of the 800-802 North Azusa Avenue Soil Sample Report. (P.-IIPL4NNINGIEN7-ITLEM£NrSI12-DFSIGNREVIEWI20071DR2007-65 809NAZUS4 7ARGETICI7Y COUNCIL IEXHIBIT A CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 21 of 23 LU 1 The City of Azusa Development Code shall be amended to include the Downtown North Overlay II Zone. Additionally, the City of Azusa Zoning Map shall be amended to reflect the Downtown North Overlay 11 Zone. The proposed project shall be required to comply with the newly implemented standards of the Downtown North Overlay 11 Zone, which would allow for a greater maximum height than the DTV zone, a change in building orientation, and a reduced parking stall size. The reduced length of the parking stalls allowed under the overlay zone provides for additional surface area in the proposed ground floor parking area, allowing for more parking spaces to be accommodated in the ground floor parking area. N 1 The City of Azusa Development Code shall be amended to include the Downtown North Overlay 11 Zone. The new Overlay Zone shall allow for truck deliveries to occur between the hours of 4:00 a.m. to 12:00 a.m., Mondays through Sunday. PS1 Vandal-resistant lighting systems shall be installed that provide uniform white light that minimizes glare, light pollution, and light trespass, which provide nighttime vision for motorists, pedestrians, homeowners and business people, and enhance police ability for surveillance, patrol and pursuit. PS2 Clear signs shall be posted where parking is limited (e.g., street parking), handicapped parking stalls shall be marked in compliance with California Vehicle Code (CVC) 2251 1 .8, and fire lanes shall be marked in compliance with CVC 22500.1 . The property owner shall post signs in compliance with CVC 22658 stating that illegally parked cars shall be towed. PS3 At a minimum, strategically placed surveillance cameras shall be installed at parking garage entrances/exits, entry/exit points of the store, and along the south side of the building (including the loading dock area) that shall be digitally recorded and stored for at least 30 days for investigative purposes. As requested, Target employees shall provide.digitally captured video and images to the APD in a timely manner, preferably within 60 minutes of the crime being reported and/or investigated. Warning signs of such recordings shall be conspicuously posted as a crime deterrent. The, store shall be equipped with an audible or silent burglary alarm at all entry/exit points and monitored by a reputable alarm company and be in compliance with pertinent requirements for alarm systems. (P:I IPLANNINGI£NTITLEMENTSI 12-D£51GN REVIEW20071DR 2007-65 809 NAZUSA TARGE71CITY . COUNCILIEXHIBITA CC 7-27-08.DOC) CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 22 of 23 PS4 All containers in trash enclosure areas shall have a lid, be kept closed, and the containers and/or enclosures shall be lockable to deter illegal dumping. All planters shall utilize materials and/or finishes on top caps that discourage skateboarding. All landscape material shall not have canopies lower than six feet in height and shrubbery higher than two feet in height to maximize pedestrian visibility. The use of approved graffiti resistant finishes shall be used wherever possible. PS5 Two designated on-street police parking spaces (non-compact) shall be provided near a store entrance for arrest/investigative purposes, and a designated room shall be made available to law enforcement for investigative and custody purposes (e.g. shop lifters and other criminal offenders apprehended by store security/personnel). In addition, Target store private security or other store personnel shall be required to frequently patrol the parking area and monitor video surveillance monitors. PSG The proposed project shall be required to pay school impact fees. PS7 The proposed project shall pay applicable park impact fees as part of the permitting process. TPI One eastbound left turn lane on Foothill Boulevard shall be added to modify the eastbound approach on Foothill Boulevard at Azusa Avenue from the existing configuration of one left turn lane and two through lanes to two left turn lanes and two through lanes. TP2 One westbound left turn lane on 1" Street at Azusa Avenue shall be added. The westbound approach on 1" Street at Azusa Avenue shall be restriped from one left turn lane, one through lane, and one shared through/right turn lane to two left turn lanes, one through lane and one right turn lane. Additionally, the eastbound approach on 1" Street at Azusa Avenue shall be re-striped from one left turn lane, one through lane, and one right turn lane to one left turn lane and one shared through/right turn lane. TP3 Because some of the parking demand would be met by other nearby parking lots at certain times, signage shall be installed to identify such parking locations. Two types of signage shall be installed. Firstly, appropriate informational signage shall be installed at the four nearby parking lots indicating public parking that is also available for users of the Target Store. Secondly, signage shall be installed in the Target parking lot, close to the main store entrance with a map (P:IIPLAIVNINGIENTITLLWENT5112-DE51GN REVIEK 120071DR 2007-65 809 NAZUSA TARGE71CITY COUNCIL I EXHIBIT A CC 7-27-08.DOC) - CC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 23 of 23 displaying the locations of the other nearby available public parking lots in the downtown area. TP4 For the peak month of December, an off-site employee parking program shall be implemented. Employee parking shall take in the range of 1 10 to 135 total parking spaces at peak times. By adopting on off-site employee parking strategy during weekdays and weekends in December, there would be no parking supply shortfall during weekdays or weekends even in this peak month. Such an off- site strategy shall identify parking for employees at locations outside the immediate area of the store and provide shuttle bus transportation from the remote location(s) to the Target store. U 1 Precise water system requirements shall be determined during specific project design review. Water design requirements shall be subject to the provisions of site plan review by the City of Azusa. U2 Water conservation measures shall be implemented, including, but not limited to, the installation of low water use toilets and landscape water budgets, as recommended by the California Department of Water Resources, shall be incorporated in all new or substantially rehabilitated projects. U3 Precise sewer system requirements shall be determined during specific project design review. Sewer design requirements shall be subject to the provisions of site plan. (P:I IPLANNINGIENTITLEMENT5112-DE5/GN REV/£WI20071DR 1007-65 809N AZUSA TARGETIC/TY COUNCILIEXHIBITA CC 7-17-08.DOC) WOMEN ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT REPORT TO THE PLANNING COMMISSION AGENDA ITEM DATE: July 23, 2008 1 CASE NO(s): TTM 070189, ZCA 228, Zone Change Z-2008-01 , UP-2008-08, MODIFICATION OF C-99- 16, DR-2007-65 APPLICANT: TARGET CORPORATION LOCATION: 809 N. AZUSA AVENUE APN: 8608-24-900, -902, -903; -904 REQUEST: Planning Commission Recommendation to the City Council for Approval of: 1 . Target Store Draft Environmental Impact Report No. 2008011046 2. Tentative Tract Map 070189 to consolidate four lots into one for development; 3. An Overlay Zone that amends development standards for the subject property (ZCA 228 &Z-2008-01); 4. Use Permit to allow to allow a large retail department store in the DTV — Downtown Transit Village zone (UP 2008-08); 5. Modification of Existing Conditional Use Permit Use C-99-16 to allow the sale of beer and wine for off-site consumption within the retail store; and 6. Design Review to allow construction of a 159,000 square foot retail department store (DR 2007-65) 7. Finding that the disposition of real property located at 1 10- 190 West 9"' Street, 809 North Azusa Avenue and 800-802 North San Gabriel Avenue is in conformance with the General Plan. TTM 07D789,ZCA 228,Z-2008-01, UP 2006-06,Modification of CUP C-99-16, DR 2007-65 July 23;2008 Page 2 of 9 „ RECOMMENDATION: Based on substantial compliance with provisions of the Azusa Municipal Code, Findings of Fact and conformance with the General Plan and CEQA guidelines, staff recommends that the Planning Commission approve: 1 . A resolution of the Planning Commission recommending certification of the Draft Environmental Impact Report; and 2. A resolution of the Planning Commission recommending approval of Tentative Tract Map No. 070189 based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit "A"; and 3. A resolution of the Planning Commission recommending approval of Zoning Code Amendment ZCA 228 and Zone Change Z-2008-01 to create an Overlay Zone to amend development standards for the subject property, based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit "A" and 4. A resolution of the Planning Commission recommending approval of Use Permit (UP 2008-08) to allow a large retail department store, based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit "A"; and 5. A resolution of the Planning Commission recommending approval of Modification to C-99-16 to allow the sale of beer and wine for off-site consumption in the retail store based on the findings of fact and subject to the Conditions of Approval listed in the attached Exhibit "A", and 6. A resolution of the Planning Commission recommending approval of Design Review No. DR 2007-65, based on the.findings of fact and subject to the Conditions of Approval listed in the attached Exhibit "A". 7. A resolution of the Planning Commission, malting certain findings required under California Government Code Section 65402 relating to a proposed acquisition and disposition of real property located within the Downtown Transit Village Zoning designation. BACKGROUND: The City of Azusa Planning Commission received a project presentation, conducted a public hearing, and received public testimony on June 25, 2008 regarding the Target Corporation's project application for the development of 809 N. Azusa Avenue. The proposed project includes: TTM 070189,ZCA 228, Z-2008-01, UP 2008-08,Modification of CUP C-99-161 DR 2007-65 July 23,2008 Page 3 of 9 • Target Store Draft Environmental Impact Report No. 200801 1046 i Tentative Tract Map 070189 to consolidate four lots into one for development; • An Overlay Zone that amends development standards for the subject property (ZCA 228 &Z-2008-01); • Use Permit to allow to allow a large retail department store in the DTV — Downtown Transit Village zone (UP 2008-08); • Modification of Existing Conditional Use Permit Use C-99-16 to allow the sale of beer and wine for off-site consumption within the retail store; and • Design Review to allow construction of a 159,000 square foot retail department store (DR 2007-65) Finding that the disposition of real property located at 1 10-190 West 9`h Street, 809 North Azusa Avenue and 800-802 North San Gabriel Avenue is in conformance with the General Plan. During the Planning Commission's deliberations, a number of questions were asked of City staff, the EIR consultant and the applicant. This staff report responds to those questions and any other questions presented to.staff. PLANNING COMMISSION QUESTIONS AND RESPONSES: Dict the applicant consider the Possibility of saving the oak trees on San Gabriel Avenue? The applicant submitted a tree-preservation plan for the Coastal Live Oak trees on San Gabriel Avenue to the City's Urban Forester for review. The Urban Forester determined that the incursion of the proposed building footings into the drip-line of the existing oalc trees would cause irreparable harm to the trees so that they could not be preserved in-place. Oak trees can be boxed and replanted but, in addition to the costly expense of boxing and replanting very large oal< trees, the mortality rate is very high after replanting. Based on the information from the Urban Forrester, see Exhibit "B", the City is recommending that the applicant remove the existing oak trees and replace them per an approved landscape plan. The applicant has submitted a draft landscape plan that replaces the existing ten Coastal Live Oak trees (7 large and 3 small) on the east side of San Gabriel Avenue with fourteen trees; four large (60" box) Coastal Live Oalc trees, three medium (48" box) Coastal Live Oak trees and seven 24" boxed parkway trees. The new Coastal Live Oak trees will be planted in new planters that will accommodate their specific development requirements. TTM 070189,ZCA 228,Z-2008-01,UP 2008-08,Modification of CUP C-99-16, DR 2007-85 July 23,2008 Page 4 of 9 - The Hazards and Hazardous Materials Section of the EIR calls for the removal of two feet of any contaminated soil. Is the remaining soil re- tested? The EIR consultant, Shannon Daniels of Terry A. Hayes and Associates, reviewed all the hazard reports for the project site. According to the soil sampling report, soil boring testing was completed for up to ten feet below the surface of the project site to determine the depths of soil contamination. The contamination was found in the top two feet of soil. Therefore, the mitigation measure in the EIR calls for the removal of the top two feet of soil. The remaining soil would not be re-tested since it has already been determined that the contamination does not exist beyond the identified two feet. Will the interior of the Target Store entryway have a "plaza" and "pedestrian-friendly" feel? Can the arched walls of the parking area be redesigned to incorporate planters and short trellises in the open areas for aesthetic and safety reasons? Target has submitted a "bird's eye view of the entry plaza for the Commission's review showing the interior of the area, see attached Exhibit "C". Target has also submitted a design to incorporate planters and trellises in the open arches of the parking area, see attached Exhibit "D". The Police Department has reviewed this draft proposal and can support the addition as long as, for safety reasons, the trellises and plants do not hamper the visibility into the parking area for officers and residents driving and walking past. How does Target support teachers in the classroom and how will the Azusa Unified School District benefit from the proposed project? Target provides financial support to organizations through grants and non-grant methods. For grants, Target has an online application system. Their "general" grant program focuses on three areas: Arts accessibility/affordability, Early Childhood Reading, and Family Violence Prevention. Any 501 C 3 nonprofit organization, school, or government agency can apply for a grant in these areas. They accept applications from March 1 thru May 31 (dates may change in 2009). These grants range from $1 ,000 to $10,000 (most are under $5,000). Target's Law Enforcement Grant program is only available to law enforcement agencies (police and sheriff departments), and the timing for that online application is March 1 thru May 31 . These grants range from $1 ,000 to $10,000 (most are under $5,000). The Target Field Trip Grant program is only available to K-12 school administrators and teachers. Online applications are available in the fall. These field trip grants are usually around $1 ,000. All K-12 schools (public and private) are eligible to apply. There are no geographic restrictions for any of the grants (assuming the organization is within the US), however Target receives far more applications for support than they can fulfill. TTM 070189,ZCA 228,Z-2008-01, UP 2008-08, Modification of CUP C-99-16,DR 2007-65 July 23,2008 Page 5 of 9 Therefore, the local store teams must make difficult decisions on which grants to approve and which to turn down. Target's non-grant programs include the "Take Charge of Education" program. Every time a Target guest uses their REDcard (Target Visa or Target charge card), Target will donate up to I% of the purchase price to the school that the guest chooses. Many schools receive thousands of dollars each year. Target GiftCards are also available. Every Target store has a charitable GiftCard budget. Stores donate Target GiftCards to schools and nonprofit organizations so the organization can secure the merchandise (eg. supplies, raffle items, incentive prizes,etc) that they need. Target does not earmark funds for a specific community except for special circumstances (eg. Disaster relief). They do, however, allocate funds based on the number of stores we have in a community and the growth potential of the market. Target stores often combine their resources within a community. LA County is our largest market nationwide. The Azusa School District (or a school within the district) can apply for an arts grant from Target; an Early Childhood Reading Grant from Target; a Family Violence Prevention Grant from Target, and they can also apply for a Target Field Trip Grant. Currently, 17 schools in Azusa receive funds from Target thru their "Take Charge of Education" program. Azusa High School, in particular, has received over $6,000 via this program with 72 guests having designated Azusa High to receive funds from their charge purchases. Information on each of the 17 Azusa schools Target supports can be found at www.target.com/tcoe . Is there a requirement in the General Plan to study the conversion of San Gabriel Avenue and Azusa Avenue to two-way traffic within 5 years of the General Plan's 2004 approval, that is by 2009? In Chapter 3: The Built Environment -Mobility Section of the General Plan (page 3-55) is a list of "Mobility Big Ideas" for significant change in Azusa. These ideas include: • Promote the construction of two Gold Line Light Rail Stations; • Increase roadway capacity at the west and south edges of the City; e Create a "river parkway" connecting the 210 Freeway and Sierra Madre Avenue; • Create new north-south routes south of the freeway; e Add bike and pedestrian links to schools, commercial centers and public centers. ® Study the conversion of Azusa and San Gabriel Avenues to two-way traffic. ® Replace Vernon Avenue interchange with a Zachery Padilla interchange. TTM 070189, ZCA 228,Z-2008-01, UP 2008-08, Modification of CUP C-99-16, DR 2007-65 July 23,2008 _ Page 6 of 9 Chapter 3: The Built Environment (page 3-61), goal 4, Policy 4.2 of 5 policies states "Consider converting Azusa Avenue and San Gabriel Avenue between First Street and Sierra Madre to two-way streets." Chapter 3: The Built Environment M15 Mobility Studies (page 3-73) directed that studies be conducted to: "Determine the feasibility and acceptability of reverting Azusa Avenue and San Gabriel Avenue to two-way traffic;" Determine transit needs within the City and to adapt the transit system to meet that need • Determine if it is feasible and desired to create a flexible route transit system. Chapter 3: The Built Environment- Mobility projects that could realistically be completed in the next five years (page 3-73): 1 . Conduct the Azusa Avenue and San Gabriel Avenue Two-way Study. 2. Reconstruct Alosta Avenue and Foothill Boulevard intersection. 3. Redesign and construct the San Gabriel and Azusa Avenue intersection with Sierra Madre Avenue 4. Develop prototype Neighborhood Traffic Calming. 5. Create Pedestrian Amenities Program. 6. Conduct the "Park Once" study. 7. Adopt the "Infill Opportunity Zones". Based on the suggestions, requirements and statements of the Mobility Section of the General Plan, regarding conducting a study of the feasibility and acceptability of reverting Azusa Avenue and San Gabriel Avenue to two-way traffic, staff recommends that the issue of two-way traffic on Azusa Avenue and San Gabriel Avenue should be studied at a later date, but not in conjunction with this project. This would be consistent with the decision of the Planning Commission to make this General Plan consistency finding for the Block 36 project. Would the new, proposed diagonal street parking on San Gabriel Avenue preclude San Gabriel Avenue from being able to handle two-way traffic at a later date? According to Carl Hassel, the City Engineer, the new diagonal parking will be located along the east side of San Gabriel Avenue. The street will have the original curb line remain intact but the diagonal parking will have pop-outs that will serve to provide protection for parked cars and to provide landscape planters for the new oak trees. The drainage patterns and the overall roadway will remain the same. The sidewalk will be reconstructed and will meet the minimum requirements for pedestrian and ADA movements. These proposed improvements, although made of concrete, can be removed at any time and the street can be changed to a two way street. TTM 070189,ZCA 228,Z-2006-01,UP 2008-08,Modification of CUP C-99-16, DR 2007-65 July 23,2008 Page 7 of 9 ®Meer CEarlifica$Ions • The leases for the existing, remaining businesses in the Ranch Market Shopping Center will expire on: July 31 , 2008 (Foothill Drugstore): September 30, 2008 (Ranch Market, Alondra's Bakery, Broderick's Auto Body Shop, Community Garage). • The proposed Target is currently shown as 159,000 square feet in area. This does not include the exterior, unenclosed, non-habitable entry area. • In addition to the "brand" billboard-type displays on the exterior walls, Target will also incorporate smaller display windows inside the entry area. • As the proposed project was undergoing review, it was determined that the proposed lot area would need to include.an additional 31 inches of public right-of-way on the San Gabriel side of the property. This would be needed to accommodate the spread footings for the building. Since the footings will extend 31 inches under the new sidewalk, it was determined that ownership of this area by Target was in the City's best interest for liability reasons. The 31 inches of additional lot width will be vacated by the City and included in the subsequent purchase of the property by Target. The right—of-way for San Gabriel Avenue is currently 100 feet wide and the roadway is approximately 68 feet wide. With the construction of the new diagonal parking, San Gabriel Avenue will be approximately 48 - 50 feet wide. • Based on the required 397 vehicle parking spaces for the project, Target will be required to provide a total of 8 bicycle parking spaces and 8 motorcycle parking spaces. The applicant has provided a reduced-size attachment with their proposal for the locations of the parking spaces, see Exhibit "E". The proposed locations will be reviewed by the City Engineer and by the Building Division. • Target will be required to incorporate a cart-locking system, called the "Gatekeeper System" which ensures that Target shopping carts do no leave the site, see Exhibit "F". Carts will be transported up to the second level in elevators and descend from the second level to the ground Floor via escalators., see Exhibit "G". • The Development Code defines "Lot Frontage" as "the boundary of a lot adjacent to a public street right-of-way." Therefore, the proposed Target building placement is considered to have frontages on Azusa Avenue, Ninth Street and San Gabriel Avenue. Building orientation is the direction the designed front of the building is facing. In this proposal, the front of the building is oriented toward both the Azusa Avenue frontage and the rear lot line, along the Metro Gold Line right-of-way. • Street signage, street sweeping and curb painting are handled by the City of Azusa Public Works Department. • Conditions of Approval B through H are submitted by the various City Departments and pertain to their specific construction requirements. TTM 070189,ZCA 228,Z-2008-01,UP 2008-08,Modification of CUP C-99-16, DR 2007-65 ' July 23,2008 - Page 8'of 9 Compliance with these conditions will be verified by those Departments prior to issuance of building permits. • Traffic Mitigation Measure I-TP 1: One eastbound left turn lane on Foothill Boulevard shall be added to modify the eastbound approach on Foothill Boulevard at Azusa Avenue (added for clarification) from the existing configuration of one left turn lane and two through lanes to two left turn lanes and two through lanes. Traffic Mitigation Measure I-TP2: One westbound left turn lane on I" Street at Azusa Avenue (added for clarification) shall be added. The westbound approach on I" Street at Azusa Avenue (added for clarification) shall be re-striped from one left turn lane, one through lane, and one shared through/right turn lane to two left turn lanes, one through lane and one right turn lane. Additionally, the eastbound approach on I" Street at Azusa Avenue (added for clarification) shall be restriped from one left turn lane, one through lane, and one right turn lane to one left turn lane and one shared through/right turn lane. • Traffic Mitigation Measure I-TP3 would allow Target shoppers, as well as non-Target shoppers to use the four other municipal parking lots. • Traffic Mitigation Measure I-TP4, requiring off-site seasonal parking for Target employees, could utilize the City Transit Yard on Vernon Avenue and Tenth Street or other municipal parking areas. CONCLUSION: Based on the information provided, Staff has analyzed the proposal and recommends that the Planning Commission approve Resolutions recommending that the City Council: Certify the EIR; Approve Tentative Tract Map No. 070189; Approve Zoning Code Amendment ZCA 228 and Zone Change Z-2008-01 ; Approve Use Permit (UP 2008-08); Approve Modification to Conditional Use Permit C-99-16; Approve Design Review No. DR 2007-65; and find that the proposed acquisition and disposition of real property located within the Downtown Transit Village Zoning designation is consistent with General Plan. RESPECTFULLY SUBMITTED: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR Prepared by Susan Cole, Project Manager TTM 070189, ZCA 228,Z-2008-01, UP 2008-08,Modification of CUP C-99-16, DR 2007-65 July 23,2008 Page 9 of 9 ATTACHMENTS: Attachments were included with the June 25, 2008 Staff Report to the Planning Commission. Please bring those attachments with you to the July 23, 2008 Planning Commission meeting. Exhibit A - Conditions of Approval Exhibit B - Coastal Live Oak Tree Memo 7/14/08 Exhibit C - Bird's eye view of entry plaza Exhibit D - Parking lot arches w/landscaping Exhibit E - Bicycle and Motorcycle parking spaces Exhibit F - Shopping Cart containment System Information Exhibit G - Photos of Existing Cart and Person Escalators and Elevators. Exhibit H - Draft Resolutions Exhibit "A" Draft Conditions of Approval - Planning Commission Case No: TTM 070189; ZCA 228; Z 2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Address: 809 N. Azusa Avenue A.P.N.: 8608-24-900; -902; -903; -904 Pr212ct: Target Department Store These conditions of approval shall be printed on or attached to working drawings submitted to the Building Division for approval. A. All requirements of the Planning Division shall be met, including but not limited to the following: 1. The Tentative Tract Map, the Design Review, Use Permit UP-2008-08 and Modification of C-99-16 shall be exercised within two years after approval, or said permit shall expire and be subject to revocation, unless an extension of time is approved in compliance with Section 88.52.040 of the Development Code. The permit shall not be deemed "exercised" until the applicant has obtained a building permit. 2. The Site Plan shall be suitably signed and striped to deter truck access and entry from Azusa Avenue. 3. Provide preliminary lighting plan. 4. Revise the Site Plan to show eight (8) bicycle parking spaces and eight (8) motorcycle parking spaces (clarification added). in the parking area. 5. Add a note and detail to the revised Site Plans indicating that the shopping carts must be equipped with a locking system to prohibit the Target shopping carts from leaving the project site. 6. Add a note and detail on the Site Plans indicating that for the peak month of December, an off-site employee parking program shall be implemented. Employee parking shall take in the range of 1 10 to 135 total parking spaces at peak times. By adopting on off-site employee parking strategy during weekdays and weekends in December, there would be no parking supply shortfall during weekdays or weekends even in this peak month. Such an off-site strategy shall identify parking for employees at locations outside the immediate area of the store and provide shuttle bus transportation from the remote location(s) to the Target store. 7. All applicable Building Division and Fire Department requirements shall be met at all times. 8. All construction and uses shall be in substantial conformance with the approved plot plan and elevations as modified pursuant to the conditions listed herein. P:\1 Planning\Entitlements\12-Design RevievA20D7\DR 2007-65 809 N Azusa Targe67-23-08 PC\Target Exhibit A Final 7-17.doc PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 2 of 23 9. All roof equipment shall be screened to the satisfaction of the Planning Division. 10. 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. 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. 11. 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. 12. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation,weeding, and/or replacement when necessary. 13. Three sets of Landscape, Irrigation and streetscape 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, design of an automatic irrigation system with detailed cross-sections shall be clearly indicated, as well as the location of the required streetscape furniture and amenities, such as benches, river-rock pedestals; trash receptacles, lighted tree grates in the tree-wells and half-grates in the vine pockets, lighted bollards, decorative street lights etc. in public right-of-way sidewalk areas. [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 and type of parkway trees, if any, shall be determined by the Parks Division. 14. 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. 15. Applicant shall provide and maintain a litter receptacle outside of the business and be responsible for keeping the receptacle and the area around it clean and free of excess trash or debris at all times. 16. Outside storage of any and all materials, goods, etc., is absolutely prohibited. 17. All illuminated sign and parking lot lighting shall be located, aimed PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 3 of 23 and/or shielded to prevent lights from shining or reflecting on adjacent property. 18. A Master Sign Plan is required. All signs require separate sign permits, and must comply with those sign regulations set forth in Chapter 88.38 '(Signs) of the Development Code to include restrictions on sign area, sign types, sign materials, and sign height. 19. 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. 20. Portable signs on the property are prohibited. 21. Temporary signs on the property shall meet all requirements of Chapter 88.38 (Signs) of the Development Code. 22. All handling and storage of hazardous waste, materials, or chemicals shall be in accordance with all applicable State, Federal, or local laws. 23. All requirements of the State Department of Alcoholic Beverage Control (ABC) shall be met at all times. Should the ABC license be revoked, subject conditional use permit shall automatically be scheduled for revocation. 24. 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 herein, the City shall recover from the applicant or successor in interest reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City obtains a judgment in its favor in any portion of such action or proceeding. 25. 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. 26. 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. 27. For Parcel and Tract Maps: All maps shall be submitted in digitized PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 4 of 23 form to the Engineering Division prior to and upon approval of the final maps by the City Council. 28. Any changes to the conditions listed above must be approved by the Planning Commission. B. All requirements of the Recreation and larks Department shall be met, including but not limited to the following: 1. Parkway trees are required, located no closer than 30 feet nor greater than 65 feet apart and shall be irrigated per City Plan specifications. Variety to be specified by Superintendent and per the approved landscape plan (clarification added). 2. No work within the public right of way shall be commenced without first obtaining a public works permit. 3. 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. 4. Three sets of Landscape, Irrigation and streetscape 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, design of an automatic irrigation system with detailed cross-sections shall be clearly indicated, as well as the location of the required streetscape furniture and amenities, such as benches, river-rock pedestals; trash .receptacles, lighted bollards,decorative street lights etc. in public right- of-way sidewalk areas. [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 and type of parkway trees, if any, shall be determined by the Parks Division. C. All requirements of the Building Division shall be met, including but not limited to the following: 1. Applicant shall conform to the 2007 Uniform Building Standards Codes incorporating the State of California 2007 California Building Code, California Mechanical Code, California Plumbing Code, and the 2007 California Electric Code, and all applicable Azusa Municipal (P:1 IPLANNINGIENTITLEMENT5172-DESIGN REVIEW120071 DR 2007-65 809 N AZUSA TARGE717-23-08 PCI TARGET EXHIBIT14 FINAL 7-77.DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 5 of 23 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, sanitation fees, water reimbursement, park fees) rrior to issuance of any building permit. 3. Electrical, mechanical, plumbing plan check fees are required. 4. Applicant shall submit 3 complete sets of plans including site, foundation, roof framing, framing, floor and elevation plans for plan check. 5. Structural, architectural, electrical, mechanical, plumbing plans shall be designed by a State of California Registered Engineer, or a State of California Registered Architect. 6. Applicant shall submit 3 copies of structural calculations simultaneous with the construction plans. 7. Applicant shall submit 3 copies of energy calculations simultaneous with the construction plans. 8. Electrical, mechanical, plumbing plans shall be submitted for plan check simultaneous with the construction plans. 9. Applicant shall submit 3 copies of soil report simultaneous with the construction plans. 10. Prior to issuance of a permit, the applicant shall provide the Building Division with two sets of plans that have been reviewed and approved by the Los Angeles County Health Department. Applicant is responsible for submitting plans to the Los Angeles County Health Department. Prior to issuance of a permit, the applicant shall provide the Building Division with two sets of plans that have been reviewed and approved by the Los Angeles County Fire Department. Applicant is responsible for submitting plans to the Los Angeles County Fire Department. 11. Applicant recognizes that approval granted is for planning and zoning only and the owner is obligated to meet all applicable Building Division requirements. 12. 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 (P:IIPLANNINGIENTITLEMENT5111 - DESIGN R£VI£INi10071DR 1007-65 809 NAZUSA TARGET17-13-08 PCI TARGET EXHIBIT A FINAL 7-17 DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 6 of 23 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. 13. Plans as submitted are not acceptable for Building Division submittal. 14. Plans must comply with all California Accessibility standards. D. All requirements of the Water Division shall be met, including but not limited to the following: 1 . Project will require an approved backflow device. 2. May require installation of a new water main. 3. Plan Check is required. 4. 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 of Division 5 entitled"Water System Development Fee" if there is any change in floor footage. Fee must be paid to the Light and Water Department following the final plan approval by Building Division. 6. This project is subject to Ordinance No. 07- 012, Sections 78-513 of division 6 entitled "Conservation Plan" of Article VI of the City of Azusa Municipal Code. 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 either by installing retrofits or by providing funds to perform retrofits. 7. The following estimated Water System Development Fee is based on resolution numbers 00-C63 and will be changed to reflect the actual rate as of the day fees are paid. 8. Water system improvements shall be furnished and installed by the project developer/owner with review, approval and inspection by Azusa Light and Water Department. 9. Design and installation methods shall conform to the requirements and standards of Azusa Light and Water Department. 10. Project developer/owner shall submit for review the following plans to Azusa Light and Water Department prior to layout or sizing of the (P.IIPLANNINGIENTITLEMENT5112 -DE51GNREKEM2007IDR2007-65 809 NAZUSA TARGETI 7-23-08 PCI TARGET EXHIBIT A FINAL 7-17.DOC) PC Draft Conditions of Approval TTM 0701 B9; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 7 of 23 water distribution system at the project site. Project plans required for submittal are: a. Site survey, grading plan and site plan. b. Roadway improvement plans including all underground utilities other than water. . c. A consultant's analysis and verification of the water system sufficient to handle increases resulting from the demand of the project. d. Water plan includes proposed abandoned or relocated facilities. 1 1 . Existing water facilities shall remain in place and in service until the replacement water system is installed and accepted by Azusa Light and Water Department, unused service to be abandoned at main. 12. Any relocation, modification or alteration of existing water facilities arising from the project improvement plans shall be done at the sole cost of the project developer/owner. 13. Existing easement shall be retained until released by Azusa Light and Water Department; new easement shall be dedicated by the project developer/owner to Azusa Light and Water Department as necessary. Easement documents shall be prepared by, and at the expense of, the property developer/owner on forms approved by Azusa Light and Water, and shall be submitted to the City Clerk's office for acceptance and recording no later than the time to place the water facilities in service. 14. Prior to construction, the project developer/owner shall coordinate and resolve with the City of Azusa Planning Division any issues relating to visual impacts arising from the installation of visible water facilities. 15. In addition to furnishing and installing necessary water system improvements, the project developer/owner shall pay to Azusa Light and Water all related fees and charges, including development fees, in the manner prescribed by law. 16 Land Use Category: Commercial — square foot of usable space or acreage,of whole area @ $7,308.45 / acre, $0.73/SF E. All requirements of the Light Division shall be met, including but not limited to the following: 1 . Prior to approval of proposed project, contact Electric Division as soon as possible for details on Specifications 8, requirements and (PrIIPL4NNINGIENT/7-LEMEN7-5112-DE51GNREVIEW120071DR2007-65 809NAZLISA7ARGET17-23-08 PCI TARGET EXHISIT A FINAL 7-17.DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 8 of 23 Method of service. 2. Incoming electric utility facilities shall be underground. Developer to provide the following: a) All conduits b) Pull boxes c) Transformer pads d) Street lights 3. Extensive electrical line rebuilding may be necessary. Applicant is directed to contact and make arrangement with the Electric Division immediately. 4. SPECIAL CONDITIONS FOR NEW OR UPGRADE OF ELECTRIC SERVICE ON COMMERCIAL CONSTRUCTION PROJECTS a. Owner/developer shall contact Consumer Services Division or information.on the establishment of new or upgraded electric accounts. b. Owner shall submit to Azusa Light and Water two (2) separate sets of plans showing the following: I. Site survey plan of building to include additions 8- remodeling foundation, elevations, sections and location of existing electric easements. ii. Electric service desired, electrical load calculation and single line diagram. iii. Locations of electric meter panel and main switchgear on or in building and drawings, if necessary. iv. Location of transformer pad and related substructures. 5. All existing electric service and facilities shall remain. Any relocation, modification, alteration, or upgrade of existing electric service and facilities shall be at the sole cost and expense of own er/appl icant/developer. 6. Owner shall grant easement to Azusa Light and Water of any electric facility to be installed within final consolidated parcels. 7. Any existing electric facility or part thereof affected by this proposed parcel consolidation shall be relocated at sole cost and expense of developer/owner. 8. Existing overhead power line located along the existing southern property line of proposed consolidated parcel which also serves other customers shall be protected in place prior to a completion of replacement line. (P:IIPLANNINGIENRTLEMENT5112- DESIGNRfKEWI2007IDR 2007-65 809N AZUSA TARGE717-23-08 PcITARGET EXHIB/TA FINAL 7-17.DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 9 of 23 9. Any existing or proposed electric facilities, impacted by the additional 30" construction on the west side of the project, shall be addressed by redesign, relocation or modification of the facilities and all costs shall be paid by the developer. F. All requirements of the Police Department shall be met, including but not limited to the following: . 1 . Install lighting systems that provide uniform white light which provide night time vision for motorists to increase the visibility of pedestrians, other vehicles and objects (which should be seen and avoided). 2. Install lighting systems that provide uniformed white light which provide night time vision for pedestrians, homeowners and business people to permit pedestrians to see one another, to see risks involved in walking at night and to reduce the risk of trip and fall accidents. Moreover, provide lighting systems which will enhance police ability for surveillance, patrol and pursuit. 3. Install lighting systems that provide uniformed white light that . minimize glare, light pollution and light trespass. Where necessary, provide light transition zones. 4. All lighting systems should be protected,from vandalism (e.g., unbreakable exterior, tamperproof hardware, non-corrosive design components and shock absorbing bracket design). 5. Clear signs must be posted where parking time is limited (e.g., street parking). 6. Handicapped parking stalls shall be marked in compliance with CVC 22511 .8 7. Fire lanes shall be marked in compliance with CVC 22500. 1 8. If the property owner wants illegally parked cars to be towed or cited, the property must have signs posted in compliance with CVC 22658 9. Strategically placed surveillance cameras shall be installed at parking lot entrances/exits, entry/exit points of the store, cashier counters and along the south side of the building (to include loading dock area) that are digitally recorded and stored for at least 30 days for investigative purposes. When requested by police personnel, Target employees shall provide digitally captured video and images to the Azusa Police Department in a timely manner, preferably within 60 (P:IIPLANNINGIENTITLEM£NTSIIZ-DES/GNREVIEWI20071DR2007-65 809NAZUSATARGETI7-23-08 PCI TARGET EXHIBIT A FINAL 7-17.DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 10 of 23 minutes of the crime being reported and/or investigated. In addition, warning signs of such recording(s) shall be conspicuously posted as a crime deterrent. 10. All containers in trash enclosure areas shall have a lid, kept closed, and either the containers and/or enclosures should be lockable to deter illegal dumping. 1 1 . All planters shall utilize materials and/or finishes on top caps that discourage skateboarding. 12. All landscape material should not have canopies lower than six feet and shrubbery higher than two feet to maximize pedestrian visibility. 13. Approved graffiti resistant finishes shall be used wherever possible. 14. The store shall be equipped with an audible or silent burglary alarm at all entry/exit points and monitored by a reputable alarm company and be in compliance with pertinent AMC requirements for alarm systems. 15. Two designated police parking spaces (non-compact) shall be provided near a store entrance for arrest/investigative purposes. 16. A designated room shall be made available to law enforcement for investigative and custody purposes (e.g. shop lifters and other criminal offenders apprehended by store security/personnel). 17. Target store private security or other store personnel shall be required to frequently patrol the parking lot and monitor video surveillance monitors. 18. Clear signs stating I.D. will be required for anyone that appears to be underage and wants to purchase alcohol consistent with California State Alcohol Control Board requirements. G. All requirements of the Fire Department (Fire Engineer) shall he met, including but not Ilimited to the following: 1 . Submit four corrected architectural sets of plans for final approval prior to the issuance of Building Permits to the Fire Prevention Engineering offices located at 5823 Rickenbacker Road, Commerce, CA 90040. Plan sets shall contain a minimum of site plan, floor plan, elevations, door and window schedules and appropriate section details. Please provide architectural sheets only. No civil, electrical, mechanical, plumbing, etc. 2. Indicate on plans the type of constfuction, building code occupancy classification, area of each Floor and building area justification. (P:I IPL4NNINGIENTITLEM£NT5112- DESIGN REVIEW20071DR 2007-65 809 NAZUSA TARG£717-23-08 PCI TARGET EXHIBIT A FINAL 7-17 DOC) - PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 11 of 23 3. Provide a minimum unobstructed width of 26 feet, clear to the sky, vehicular access to within 150 feet of all portions of exterior walls. 28 feet clear to the sky is required when the height of building in over 35 feet. Cross-hatch the Fire Department vehicle access on plans. 4. Fire Department vehicular access roads shall be provided with a 32 foot centerline turning radius. (Fire Code 503.2.4) Indicate the centerline, inside and outside turning radii for each change in direction on the site plan. 5. Note on site plan that building address numbers shall be provided and maintained so as to be plainly visible and legible from the street fronting the property. The numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. (Fire Code 505. 1) Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs. (Fire Code 505.2) 6. Note on site plan that a Key Box shall be provided and maintained in accordance with Fire Code 506 and as set forth in Fire Department Regulation 5. 7. Indicate size and locations of all existing fire hydrants on site plan. 8. Provide note on site plan indicating: all hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal and shall be installed in compliance with Fire Department Regulation 8. (Fire Code 508-4) and all required PUBLIC fire hydrants shall be installed, tested and accepted prior to beginning construction. (Fire Code 501.4) 9. Provide note on site plan indicating the inspection, hydrostatic test and flushing of the underground and overhead fire protection piping shall be witnesses by an authorized Fire Department representative and no underground piping or thrust blocks shall be covered with earth or hidden from view until the Fire Department representative has been notified and given not less than 48 hours in which to inspect such installations. (Fire Code 901.5) 10. Indicate on the.site plan the Building Code occupancy classification(s) for all separate and distinct uses of the structures(s) in accordance with Building Code 302. 1 . 11 . Indicate the Building Code type of construction, per Building Code (P.-I IPLANNINGIENT/TLENIENTS112-DESIGN REVIEWI2004DR 2007-65 809N AZJSA TARGE717-23-08 PCI TARGET EXHIBIT A FINAL 7-17.DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 12 of 23 Section 602. 1 , on the site plan and provide construction details for the structural elements in Building Code Table 601 . 12. The height and area of buildings of different construction types shall be governed by the intended use of the building and shall not exceed the limits in Table 503 except for area modifications in Section 506. Incorporate calculations on the site plan. 13. The fire-resistance rating of exterior walls with a fire separation distance shall comply with the Building Code Table 602 and Table 704.8 Building Code 704. Indicate fire resistance of exterior walls on site plan, floor plan and provide a construction detail. Indicate opening protection in door/window schedule. 14. Indicate on the floor plan and in door/window schedule the fire resistive assemblies for the protection of openings, when required by the Building Code shall comply with Building Code 715 and Table 715.4. 15. Openings through floors shall be enclosed in a shaft enclosure of fire- resistive construction as required by Building Code. 16. Elevators, dumbwaiters, escalators and moving walks shall comply with the requirements set forth in Building Code 30. Provide note on site plan. Provide an approved automatic fire sprinkler system as set forth by Building Code 930 and Fire Code 903. Plans shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. Provide notes on plan. 17. Incorporate occupant load calculations and exit widths analysis for all portion of the building in accordance with Building Code 18. Egress doors shall be readily operable from the egress side without. the use of a key or any special knowledge or effort. Building Code 1008. 1 .8. Provide note on site plan and indicate in door schedule. 19. Egress doors shall swing in the direction of egress travel where serving an occupant load of 50 or more persons or a Group H occupancy regardless of the occupant oad. Building Code 1008.1 .2. Indicate door swing on floor plan. 20. The minimum width of each door opening shall be sufficient for the occupant load thereof and shall provide a clear width of not less than 32 inches. The height of doors shall not be less than 80 inches. Building Code 1008.1 .1. Indicate on floor plan and door schedule. 21 . The means of egress travel shall be illuminated at any time the building is occupied with a light intensity of not less than 1 foot- (P-1 oot-(P:1/PLANNINGIENNTLEMENTSI 12-DESIGN REWElM20071DR 2007-65 809 NAZUSA TARGE717-23-08 PCI TARGET EXHIBIT A FINAL 7-17.DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99116; UP 2008-08; DR 2007-65 Page 13 of 23 candle at the walking surface level. Building Code 1006.2. Provide note on site plan. 22. The power supply for means of egress illumination shall normally be provided by the premises electrical supply. In the event of power supply failure, the emergency power system shall provide power for a duration of not less than 90 minutes and shall consist of storage batteries, unit equipment or an on-site generator. Building Code 1006.3. Provide note on site plan and indicate the light fixtures with emergency power on reflected ceiling plan. 23. Exits, exit access doors and paths of egress travel that are not immediately visible to the occupants shall be marked by an approved exit sign that is readily visible from any direction of egress travel. Exit signs shall be internally or externally illuminated. Building Code 101 1 . Additional exits signs may be required at time of field inspection. Indicate exit sign locations on floor plan/reflected ceiling plan. 24. Interior exit stairways and exit ramps shall be enclosed with fire barriers constructed in accordance with Section 706 or horizontal assemblies constructed in accordance with Section 711 , or both and shall not be used for any purpose other than as a means of egress. Building Code 1020. Show exit enclosure on floor plans and provide construction detail. 25. Walls and soffits within enclosed usable spaces under enclosed and unenclosed stairways shall be protected by 1-hour fire-resistance- rated construction or the fire-resistance rating of the stairway enclosure, whichever is greater. Building Code 1009.5.3. Indicate on floor plan and provide stairway detail. 26. Portable Fire Extinguisher shall be installed in locations as required by Fire Code 906. Provide note on site plan. 27. Dumpsters and containers with an individual capacity of 1 .5 cubic yards (40.5 cu. ft.) or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof eaves, unless areas containing dumpsters or containers are protected by an approved automatic fire sprinkler system. Fire Code 304.3.3. Provide note on site plan. 28. These plans will not be approved for High piled Storages. Separate plans shall be submitted for High Piled storages approval. 29. The fire hydrant requirements for this project are as follows: Install 4 (P:I/PLANN/NGI£NT/TLEMENTS(I2-DES/GNREV/EWI2007IDR 2007-65 809 NAZU5A 7ARCEn7-23-08 PCI TARGET EXH/B/TA FINAL 7-17.DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 14 of 23 PUBLIC fire hydrant(s). See site plan for location. Fire Code 901 .4. 1 and Fire Department Regulation 8. Show new/upgrade/relocated hydrant locations on site plan. 30. Additional Requirements may be imposed, in accordance with applicable codes, regulations, standards and policies after the above information is reviewed. TRACT MAP (Land Use Unit) 1 . Access shall comply with Section 503 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 distance 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. 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. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. 6. Provide Fire Department of City Approved street signs and building access numbers prior to occupancy. 7. All on-site driveways shall provide a minimum unobstructed width of 26 feet clear to the siry. Contact Fire Prevention Engineering for additional Fire Department requirements during the Building Plan Check Phase. 8. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 9. The required fire flow for public fire hydrants at this location is 5000 gallons per minute at 20 psi for a duration of 5 hours, over and above maximum daily domestic demand. 10. The required fire flow for private on-site hydrants is 2500 gallons per minute at 20 psi. Each private on-site hydrant must be capable of (P-1 1PLANNINGIENTITLEMENT51J2-DE51GN REVIEIM20011DR 2007-65 809 NAZU5A TARGE717-23-08 PCI TARGET fXHIBIT A FINAL 7-17.DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 15 of 23 flowing 1250 gallons per minute at 20 psi with two hydrants flowing simultaneously, one of which must be the furthest from the public water source. 11 . All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard 0503 or approved equal. All on-site hydrants shall be installed a minimum of 25' from a structure or protected by a two (2) hour fire wall. 12. All required fire hydrants shall be installed, tested, and accepted or bonded for prior to Final Map approval. Vehicular access shall be provided and maintained serviceable throughout construction. 13. Additional water system requirements will be required when this land is further subdivided and/or during the building permit process. 14. Fire hydrant upgrade is not necessary, if existing hydrant(s) meet(s) fire flow requirements. Submit original water availability form to the following office for review: Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040, (323) 890-4125 15. Submit sizes and locations of all existing fire hydrants within 300 feet of all property lines. Provide evidence on LACoFD fire flow form, Form 196, that the hydrants and available flow rate meet the current Fire Department standards. This form shall be submitted to our office prior to clearance of the tentative map. 16. All hydrants shall be installed in conformance with Title 20, County of Los Angeles Government Code and County of Los Angeles Fire Code, or appropriate City regulations. This shall include minimum six-inch diameter mains. Arrangements to meet these requirements must be made with the water purveyor serving the area. H. All requirements of the Engineering Division shall be met, including but not limited to the following: 1 . Storm drainage: Review now, hydrology, from North. Submit all drainage plans and hydrology report for approval. 2. Verify that, after grading and construction of walls and buildings, the drainage flows for the project and adjacent properties are clear and unimpeded. 3. A construction permit from the State of California Department of Regional Water Quality Board may be required for the project. 4. Sewer: Developer should video/clean up to 2,000 feet of existing sewers that are to receive flow from the project. (P:I IPLANNINGIENT/1LEMENT5112 - DESIGN REVIEWI20071DR 2007-65 809 NAZU5A TARGE717-23-06 PCI TARGET EXHIBIT A FINAL 7-17 DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-D1; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 16 of 23 5. Sewer study should include capacity analysis of the existing system from the project to the treatment facility. Note that LACSD requires a capacity review for a permit. 6. The sewer system connections shall be accomplished while maintaining service to the upstream tributary areas. 7. Street: Obtain written or stamped approval of Los Angeles County Fire Department for access and roadways. 8. Traffic control and ramps to be in place for intersections and crossings during construction. 9. Remove and reconstruct sidewalks to conform to the City downtown streetscape standards. 10. Resurface all damaged pavement areas.of Azusa Ave. San Gabriel Ave. and Ninth St. 1 1 . Environmental: Project must comply with NPDES and any requirements of the State Water Quality Control Board. 12. Civil Engineer must submit SUSMP report, SWPPP, and detailed list of Best Management Practices for approval prior to or with grading plan. 13. Dust control during construction is required. Submit plan for approval. 14. Work hours shall be limited to 7:00 AM to 6:00 PM, Monday through Saturday. No work shall be performed on Sundays or Holidays. 15. Prepare Final Map in conformance with Subdivision Map Act and pay checking and recording fees. 16. Protection of the public, pedestrians, and traffic during above grade construction of the structure is paramount, and full submittal of proposed protection systems for approval is required. 17. Issuance of final map prior to completion of work in public right of way will require that a bond or security device be posted sufficient to cover said work, and that a cash deposit shall be posted for monument placement security. 18. All work within the Public Right of Way will require application for and issuance of an Encroachment Permit issued by the Department of Public Works. 19. Haul route approval and transportation permits required for all construction vehicles. 20. Traffic control shall be maintained during construction to provide adequate vehicular and pedestrian access to facilities in the work area. 21 . Provide rough and finish grading plans signed by a Registered Civil.and Geotechnical Engineer. (P:I IPLANNINGI£NTITLEMENT5112 - DES/GN R£VIEW120071DR 2007-65 809 NAZU5A TARGE717-23-08 PCI TARGET EXH/3/T A FINAL 7-17 DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 17 of 23 22. Prior to the issuance of grading permit, provide verification of fee payment to County Sanitation Districts of Los Angeles County. 23. Provide ADA access around building in conformance with current codes. 24. Provide Engineering Division with copies of all environmental site remediation clearances. 25. Obtain demolition permit from the City Building Division. 26. Minimum radius for curb returns shall be 35'. 27. Provide signal modifications for the proposed traffic mitigation for the intersection of San Gabriel Avenue and Ninth Street. 28. Prepare street improvements for Ninth Street and San Gabriel Avenue for new diagonal on-street parking and curb return revision. 29. Prepare signing and striping plans to the satisfaction of the City Engineer. 30. New driveways shall be constructed in conformance with City of Azusa Engineering standards. 31 . Prepare sewer plans to relocate 8" sewer on Azusa Ave. If the building foundation's plane of influence over/on existing sewer main. 32. Prepare streetscape /furniture plan for review. 33. Construct curb ramps at southeast corner of San Gabriel Avenue and Ninth Street to conform to the latest codes for accessibility. 34. Provide Engineering Division with copies of ALTA Site Survey. 35. Provide City of Azusa with a completed site boundary survey, wet- signed and stamped by a licensed land surveyor. 36. Provide street vacation documentation and title report for San Gabriel Avenue for vacation of the easterly 36 feet from the southerly right-of- way of Ninth Street to the northerly right-of-way of the railroad. 37. Provide easement documents for any proposed easements from the City for foundation and landscaping needs. 38. Prepare street improvement, traffic signal modifications and signing and striping plans to conform to the recommendations of the traffic study and to the satisfaction of the City Engineer at the intersections of Foothill Boulevard and Azusa Avenue, First Street and Azusa Avenue, and a new signal at Ninth Street and Azusa Avenue. 1. All Mitigation Measures of the Draft Environmental Impact Report shall be met, Including but not limited to the following: (P.'IIPLANNINGIENTITLEMENTSI12 - DE51GN REVIEW120011DR 2007-65 609 NAZUSA TARGE717-23-08 PCI TARGET EXHIBIT A FINAL 7-17 DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 18 of 23 Al . The proposed project shall incorporate design features to lessen the visual contrast with existing residences on San Gabriel Avenue. The design features to be implemented include, but are not limited to, varying building height, sloped roof design, and landscaping as approved by the director of the Public Works Department; all of which shall be consistent with the proposed project elevations and perspectives shown in Section 3.0 Project Description, as well as previously in the current section. These features shall be coordinated between the project applicant and the City of Azusa during the design review approval process before the Planning Commission and shall provide for a development that is more consistent with the visual character of the neighborhood. A2. All exterior lighting shall be shielded in a manner to focus illumination onto entrances, the loading dock, the covered surface parking, or onto the building itself and not be directed in a manner to cause spillover lighting on residences located along San Gabriel Avenue and 91" Street. A3. The determination of exterior building materials to be installed with the proposed project shall be coordinated between the project applicant and the City of Azusa to ensure that light and glare impacts would not occur. The following exterior building materials shall be used with the proposed project: buckskin and prairie clay (or similar colors) paint, plaster, concrete, and all non-reflective windows and other materials, such as clay the roof, ceramic wall tile, decorative ventilator brick panels, and wall trellises. AQ1 Water or a stabilizing agent shall be applied to exposed surfaces in sufficient quantity to prevent generation of dust plumes. AQ2 Track-out shall not extend 25 feet or more from an active operation, and track-out shall be removed at the conclusion of each workday. AQ3 A wheel washing system shall be installed and used to remove bulk material from tires and vehicle undercarriages before vehicles exit the project site. AQ4 All haul trucks hauling soil, sand, and other loose materials shall maintain at least six inches of freeboard in accordance with California Vehicle Code Section 23114. AQS All haul trucks hauling soil, sand, and other loose materials shall be covered (e.g., with tarps or other enclosures that would reduce fugitive dust emissions). (P.'IIPL41VNINGIENT/TLEMENT51/2 -DE51GNREVIEMI20071DR2007-65 809NAZG5ATARGETI7-23-08 PCI TARGET EXHIBITA FINAL 7-17DOC) - PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 19 of 23 A06 Traffic speeds on unpaved roads shall be limited to 15 miles per hour. AQ7 Operations on unpaved surfaces shall be suspended when winds exceed 25 miles per hour. AQ8 Heavy equipment operations shall be suspended during first and second stage smog alerts. AQ9 On-site stock piles of debris, dirt, or rusty materials shall be covered or watered at least twice per day. BRI If the Coast Live Oak trees along the east side of San Gabriel Avenue are to be removed, prior to construction of the proposed project, the presence of raptor or migratory nesting birds in the trees shall be evaluated. If the presence of raptor or migratory nesting birds is determined, the construction of the proposed project shall avoid removing the identified trees until the young have fledged. BR2 During the final design phase of the proposed project, and prior to the start of the demolition/construction phase, the project applicant shall submit a final landscape plan to the City of Azusa for approval by the City's Urban Forester and the Director of the Department of Public Works. The final landscape plan shall include provisions to either protect in place the existing Coast Live Oak trees in the parkway or replace them, per the requirements of the City of Azusa Tree Preservation Ordinance, with the condition that any replaced Coast Live Oak tree would attain at least 30-feet in height, along the east side of San Gabriel Avenue within the new parkway, within a 20-year period. The replaced Coast Live Oak trees shall be placed in the appropriate box size to accommodate the ultimate height the tree would reach within a 20-year period. GSI Best Management Practices (BMPs), required as part of the National Pollutant Discharge Elimination System (NPDES) permit and application of South Coast Air Quality Management District (SCAQMD) Rule 403, shall be implemented for the proposed project to reduce potential soil erosion due to grading and excavation activities. BMPs would comply with applicable UBCs and include, but are not limited to, scheduling excavation and grading activities during dry weather, covering stockpiles of excavated soils with tarps or plastic sheeting, and debris traps on drains. GS2 A liquefaction assessment shall be preformed by a certified engineering geologist or registered civil engineer, as specified in (P:IIPLANN/NGIENT/7LEMENT5172- DE51GN REVIEM20071DR 2007-65 809 NAZUSA TARGE717-23-08 PCI TARGET EXHIBIT A FINAL 7-/7 DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 20 of 23 Division of Mines and Geology's Special Publication 117 Guidelines, and its recommendations shall be incorporated into the foundation design of the proposed project. HMI Consistent with the 1994 Federal Occupational Exposure to Asbestos Standards,a Licensed Asbestos Inspector shall be retained to determine the presence of asbestos and asbestos-containing materials (ACMs) within structures to be demolished on the project site. If asbestos is discovered, a Licensed Asbestos Abatement Contractor shall be retained to safely remove all asbestos from the site prior to demolition activities. HM2 For existing structures to be demolished on the project site, lead- based paint testing shall be conducted due to the deteriorating condition of many painted surfaces. All materials identified as containing lead shall be removed by a licensed lead-based paint/materials abatement contractor. HM3 On-site fluorescent light ballasts and electrical transformers that are not marked "No PCBs" shall be removed prior to demolition activities and shall be disposed of by a licensed and certified PCB removal contractor, in accordance with local, State, and federal regulations. HM4 195 tons of contaminated soil in the southeastern portion of the project site containing diesel hydrocarbons, arsenic, and soluble lead shall be removed and disposed of as hazardous waste per the specifications of the LARWQCB or other agencies overseeing the cleanup of the proposed project. Removed soil shall be excavated at a depth of two feet in the southeastern portion of the project site adjacent to contaminated soil samples found at TPH2, TPH3, and SS2 of the 809 North Azusa Avenue Soil Sample Report. HM5 175 tons of contaminated soil in the southwestern and northern portions of the project site containing arsenic shall be disposed of at a permitted landfill per the specifications of the LARWQCB or other agencies overseeing the cleanup of the proposed project. Removed soil shall be excavated at a depth of two feet adjacent to arsenic contaminated soil samples found at KRSS 13 and 14 of the 1 10-190 East Ninth Street Soil Sample Report and EASS10, EASS15, and EASS23 of the 800-802 North Azusa Avenue Soil Sample Report. LU 1 The City of Azusa Development Code shall be amended to include the Downtown North Overlay 11 Zone. Additionally, the City of (p.IIPLANNINGIENTITLEMENT5112-D£51GNRE✓IEWI20011DR2007-65 809NAZU5ATARGETI7-23-08 PCI TARGET EXHIBITA FINAL 7-17 DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 21 of 23 Azusa Zoning Map shall be amended to reflect the Downtown North Overlay 11 Zone. The proposed project shall be required to comply with the newly implemented standards of the Downtown North Overlay II Zone, which would allow for a greater maximum height than the DTV zone, a change in building orientation, and a reduced parking stall size. The reduced length of the parking stalls allowed under the overlay zone provides for additional surface area in the proposed ground floor parking area, allowing for more parking spaces to be accommodated in the ground floor parking area. N 1 The City of Azusa Development Code shall be amended to include the Downtown North Overlay II Zone. The new Overlay Zone shall allow for truck deliveries to occur between the hours of 4:00 a.m. to 12:00 a.m., Mondays through Sunday. PS 1 Vandal-resistant lighting systems shall be installed that provide uniform white light that minimizes glare, light pollution, and light trespass, which provide nighttime vision for motorists, pedestrians, homeowners and business people, and enhance police ability for surveillance, patrol and pursuit. PS2 Clear signs shall be posted where parking is limited (e.g., street parking), handicapped parking stalls shall be marked in compliance with California Vehicle Code (CVC) 2251 1 .8, and fire lanes shall be marked in compliance with CVC 22500.1 . The property owner shall post signs in compliance with CVC 22658 stating that illegally parked cars shall be towed. PS3 At a minimum, strategically placed surveillance cameras shall be installed at parking garage entrances/exits, entry/exit points of the store, and along the south side of the building (including the loading dock area) that shall be digitally recorded and stored for at least 30 days for investigative purposes. As requested, Target employees shall provide digitally captured video and images to the APD in a timely manner, preferably within 60 minutes of the crime being reported and/or investigated. Warning signs of such recordings shall be conspicuously posted as a crime deterrent. The store shall be equipped with an audible or silent burglary alarm at all entry/exit points and monitored by a reputable alarm company and be in compliance with pertinent requirements for alarm systems. PS4 All containers in trash enclosure areas shall have a lid, be kept closed, and the containers and/or enclosures shall be lockable to (P:I/PLANNIN6IENT1TLEME1VT5112-DES16N REVIEM20071DR 2007-65 809 NAZL15A TARGE717-23-08 PCI TARGET EXHIBIT A FINAL 7-17 DOC) i PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 22 of 23 deter illegal dumping. All planters shall utilize materials and/or finishes on top caps that discourage skateboarding. All landscape material shall not have canopies lower than six feet in height and shrubbery higher than two feet in height to maximize pedestrian visibility. The use of approved graffiti resistant finishes shall be used wherever possible. P$5 Two designated on-street police parking spaces (non-compact) shall be provided near a store entrance for arrest/investigative purposes, and a designated room shall be made available to law enforcement for investigative and custody purposes (e.g. shop lifters and other criminal offenders apprehended by store security/personnel). In addition, Target store private security or other store personnel shall be required to frequently patrol the parking area and monitor video surveillance monitors. PS6 The proposed project shall be required .to pay school impact fees. PS7 The proposed project shall pay applicable park impact fees as part of the permitting process. TPI One eastbound left turn lane on foothill Boulevard shall be added to modify the eastbound approach on Foothill Boulevard at Azusa Avenue from the existing configuration of one left turn lane and two through lanes to two left turn lanes and two through lanes. TP2 One westbound left turn lane on I" Street at Azusa Avenue shall be added. The westbound approach on 1'' Street at Azusa Avenue shall be restriped from one left turn lane, one through lane, and one shared through/right turn lane to two left turn lanes, one through lane and one right turn lane. Additionally, the eastbound approach on Is' Street at Azusa Avenue shall be re-striped from one left turn lane, one through lane, and one right turn lane to one left turn lane and one shared through/right turn lane. TP3 Because some of the parking demand would be met by other nearby parking lots at certain times, signage shall be installed to identify such parking locations. Two types of signage shall be installed. Firstly, appropriate informational signage shall be installed at the four nearby parking lots indicating public parking that is also available for users of the Target Store. Secondly, signage shall be installed in the Target parking lot, close to the main store entrance with a map displaying the locations of the other nearby available public parking lots in the downtown area. (P:IIPLANN/NGIENT/7LEMENT51/2-DE5IGNR£IQEWI20071D22007-65 809NAZU5ATARGET17-23-08 PCI TARGET EXHIBIT A FINAL 7-17 DOC) PC Draft Conditions of Approval TTM 070189; ZCA 228; Z-2008-01; Modification of Conditional Use Permit CUP-99-16; UP 2008-08; DR 2007-65 Page 23 of 23 TP4 For the peak month of December, an off-site employee parking program shall be.implemented. Employee parking shall take in the range of 1 10 to 135 total parking spaces at peak times. By adopting on off-site employee parking strategy during weekdays and weekends in December, there would be no parking supply shortfall during weekdays or weekends even in this peak month. Such an off- site strategy shall identify parking for employees at locations outside the immediate area of the store and provide shuttle bus transportation from the remote location(s) to the Target store. U 1 Precise water system requirements shall be determined during specific project design review. Water design requirements shall be subject to the provisions of site plan review by the City of Azusa. U2 Water conservation measures shallbe implemented, including, but not limited to, the installation of low water use toilets and landscape water budgets, as recommended by the California Department of Water Resources, shall be incorporated in all new or substantially rehabilitated projects. U3 Precise sewer system requirements shall be determined during specific project design review. Sewer design requirements shall be subject to the provisions of site plan, (p.IIPLANNINGIENTITLEMEN75112--DESIGNREVIEWI20071DR2007-65 809NAZUSA7ARG£T17-23-08 PCI7ARGE7 EXHIBIT A FINAL 7-17 DOC) Recreation & Family Services Department Inter Office Memorandum To: Planning Commissioners From: Roy Chavez, Recreation Superintendent-Parks Subject: Coastal Live Oak Trees on San Gabriel Ave. (Target Project) Date: July 14, 2oo8 The existing oak trees located on the 800 block N. San Gabriel Ave. cannot remain in their original location. This is due to the two-story Target building being constructed right to the property line, and the footing of the building will encroach into the public right of way approximately 36 inches +/-. The digging of the footing and heavy equipment traffic to construct this building will disturb the sensitive root system of these oak trees greatly reducing their survival rate. The characteristics of these trees are large spreading 50'to'70' wide and will not be able to reach that size growing next to the new building. We are recommending that Target remove and replace the trees next to the building with sweet shade trees which are a narrowly columnar tree and will match what is existing on the east side of the building (Azusa Ave.). Also we are recommending that Target install new larger planters further away from the building and plant (4) 6o" and (3) 48" box oaks spaced evenly between the sweet shade trees. Option 2 would be to box and move the existing oaks into the new planters with the high risk of their non-survival in which case the city would end up having to replant at our expense. o8-087 Exhibit "B" "Creating a Lifetime of 5Wemories for the Entire Family ria �s�F4z"^✓' f r ._ j. SNI jt ,l�yl�'I T• YAA � Y a (f S '-�u'� ," 4X � ���t � �t .��fF�w s �_ ��N•'i ^r I r IrCFF cTVX��V r" � _ I}aa $f rrllPP ILL ext :: 114 LI- a M "fy t.,. 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AZUSA AVENUE, AZUSA, CALIFORNIA A REQUEST FOR APPROVAL OF THE DRAFT ENVIRONMENTAL REPORT (DEIR) FOR THE TARGET PROJECT, LOCATED AT 809 N. AZUSA AVENUE, AZUSA, CALIFORNIA WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of TARGET CORPORATION with respect to the requested Draft Environmental Impact Report for the Target project, located at 809 N. Azusa Avenue, Azusa, California; and WHERL4S, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 : That in accordance with Section 88.50.080 of the Azusa Municipal Code, the Planning Commission hereby recommends that the City Council approves said Draft Environmental Impact Report for the Target project, based on the following finding: A. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project applicant. Mitigation Measures have been included in the Conditions of Approval. SECTION 2: Pursuant to Section 15081 of the California Environmental Quality Act, a Draft Environmental Impact Report has been submitted for concurrent review and certification which concluded that, with the proposed mitigation measures, the project will not have an adverse impact on the environment. SECTION 3: Based on the aforementioned finding, the Planning Commission does hereby recommend that the City Council approve the Draft Environmental Impact Report for the Target project, located at 809 N. Azusa Avenue, Azusa, California. SECTION 4: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 23"' day of July, 2008. Exhibit "H" Re olOtion No. Z008- Draft 00&Draft EIR iuy 23, 2008 Page 2 of 2 AZUSA PLANNING COMMISSION CHAIRMAN hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 23" day of July, 2008 by the following vote of the Planning Commission: AYES: NOES: ABSENT: ABSTAIN: AZUSA PLANNING COMMISSION SECRETARY Page 2 of 2 RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF TIME CITY OF AZUSA RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAB' TTM 070189 A REQUEST FOR APPROVAL OF TENTATIVE TRACT MAP TTM 070189 TO CONSOLIDATE FOUR COMMERCIAL PARCELS LOTS (APN's 8608-24-900; -902; -903; -904) INTO ONE COMMERCIAL PARCEL IN THE DTV (DOWNTOWN TRANSIT VILLAGE), BOUNDED BY AZUSA AVENUE, NINTH STREET, SAN GABRIEL AVENUE AND THE METRO GOLD LINE FOOTHILL EXTENSION RIGHT-OF-WAY (APN's 8608-24-900; -902; -903; -904) AZUSA, CALIFORNIA WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of Target Corporation with respect to the requested Tentative Tract Map for the consolidation of four commercial lots into one lot bounded by Azusa Avenue, Ninth Street , San Gabriel Avenue and the Metro Gold Line Foothill Extension right-of-way (APN's 8608-24-900; -902; -903; -904); and WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, TIME PLANNING COMMISSION OF TIME CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 66-207 of the Azusa Municipal Code, the Planning Commission hereby recommends that the City Council approves said TTM 070189, based on the following findings: A. Such approval will not be materially detrimental'to the public welfare, Injurious to the property or improvements in the vicinity and zone in which the lased is located, will not be contrary to or adversely affect the general comprehensive zoning plan for the city. The project has been designed to be compatible with the uses and properties within the DTV District and the adjacent neighborhoods. The project is in conformance with the goals and policies of the General Plan as shown in Table 1 of the staff report. B. Proper or adequate provision has been made for access to the land to be sold, divided or subdivided and also the portion of lased remaining or that access to the land is by means of dedicated streets of a sufficlent width and state of improvement to adequately serve the land described in the appilicatiosn. Access to the site is provided via Azusa Avenue on the east, Ninth Street on the north and San Gabriel Avenue on the west. Combined, these dedicated public PC Resolution 2008- TTM 070189 July 23, 2008 Pg. 2 streets are of sufficient width and have adequate capacity to serve the proposed project as well as adjacent properties. C. Proper and adequate provisions have been made for All public utilities and public services, including sewers. Proper and adequate provisions exist for all public utilities and public services. SECTION 2: Pursuant to Section 15081 of the California Environmental Quality Act, a Draft Environmental Impact Report has been submitted for concurrent review and certification which concluded that, with the proposed mitigation measures, the project will not have an adverse impact on the environment. SECTION 3: Based on the aforementioned findings, the Planning Commission does hereby recommend that the City Council approve TTM 070189 for the property bounded by Azusa Avenue, Ninth Street, San Gabriel Avenue and the Metro Gold Line Foothill Extension right-of-way (APN's 8608-24-900; -902; -903; -904) pursuant to the Conditions of Approval and Mitigation Measures attached hereto as Exhibit A, and incorporated herein by reference, as though set out in full and at length. SECTION 4: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 23rd day of July, 2008 AZUSA PLANNING COMMISSION CHAIRMAN hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 23`d day of July, 2008 by the following vote of the Planning Commission: AYES: NOES: ABSENT: Page 2 of 3 PC Resolution 2008- TTM 070189 July 23, 2008 Pg. 3 ABSTAIN: AZUSA PLANNING COMMISSION SECRETARY Page 3 of 3 RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONING ORDINANCE AMENDMENT (DOWNTOWN NORTH 11 TARGET OVERLAY ZONE)- DEVELOPMENT CODE TEXT AMENDMENT (AND ZONE CHANGE ZCA-228 &Z-2008-01) A REQUEST FOR A ZONING ORDINANCE AMENDMENT (DOWNTOWN NORTH If TARGET OVERLAY ZONE) - DEVELOPMENT CODE TEXT AMENDMENT AND ZONE CHANGE ZCA-228 & Z-2008-01 FOR THE PROERTY BOUNDED BY AZUSA AVENUE, NINTH STREET, SAN GABRIEL AVENUE AND THE METRO GOLD LINE FOOTHILL EXTENSION RIGHT-OF-WAY (APN's 8608-24-900, -902, -903; -904) AZUSA, CALIFORNIA WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of TARGET CORPORATION with respect to the requested Zoning Ordinance Amendment (Downtown North 11 Target Overlay Zone) - ZCA 228 & Z-2008-01 , for the property bounded by Azusa Avenue, Ninth Street, San Gabriel Avenue and the Metro Gold Line Foothill Extension right-of way (APN's 8608-24-900, -902, -903; -904); and WHEREAS, the Planning Commission has carefully .considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51 .032 of the Azusa Municipal Code, the Planning Commission hereby recommends that the City Council approves said Zoning Ordinance Amendment ZCA 228 &Z-2008-01, based on the following findings: A. That the proposed amendment i5 consistent with the goals, policies, and objectives of the General Plan, any applicable specific plan, Owner Participation Agreement or Development Agreement. The proposed Zoning Ordinance and Zone Change are consistent with the goals, policies and objectives of the General Plan as shown in Table 1 of the staff report. B. That the proposed zone change will not adversely affect surrounding properties. The proposed zone change would not adversely affect the surrounding properties. The existing commercial retail center is currently under utilized and the existing garage uses are not compatible with either the existing residential or downtown uses. The proposed Target Department Store would provide more services to the surrounding area and the pedestrian-oriented amenities would improve the appearance of the neighborhood. Resolution No. 2008 ZCA 228 8_Z-2008-01 July 23, 2008 Page 2 of 2 SECTION 2: Pursuant to Section 15081 of the California Environmental Quality Act, a Draft Environmental Impact Report has been submitted for concurrent review and certification which concluded that, with the proposed mitigation measures, the project will not have an adverse impact on the environment. SECTION 3: Based on the aforementioned findings, the Planning Commission does hereby recommend that the City Council approve Zoning Code Amendment ZCA 228 8.Z-2008-01 for the property bounded by Azusa Avenue, Ninth Street, San Gabriel Avenue and the Metro Gold Line Foothill Extension right-of way (APN's 8608-24-900, - 902, -903; -904). SECTION 4: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 23`d day of July, 2008. AZUSA PLANNING COMMISSION CHAIRMAN hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 23rd day of July, 2008 by the following vote of the Planning Commission: AYES: NOES: ABSENT: ABSTAIN: AZUSA PLANNING COMMISSION SECRETARY Page 2 of 2 RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA RECOMMENDING THAT THE CITY COUNCIL APPROVE UP-2008-08 A REQUEST FOR A USE PERMIT TO ALLOW A GENERAL RETAIL USE WITH OVER 50,000 SQUARE FEET OF FLOOR AREA IN THE DTV (DOWNTOWN TRANSIT VILLAGE) ZONE AT THE PROPOSED TARGET DEPARTMENT STORE, LOCATED AT 809 N. AZUSA AVENUE, AZUSA, CALIFORNIA WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of TARGET CORPORATION with respect to the requested Use Permit to allow a general retail use with over 50,000 . square feet of floor area, for the proposed Target Department Store, located at 809 N. Azusa Avenue; and WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS:, SECTION 1: That in accordance with Section 88.51 .040F of the Azusa Municipal Code, the Planning Commission hereby recommends that the City Council approves Use Permit UP-2008-08, based on the following findings: 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. According to Section 88.24.005 of the Development Code, a general retail use with over 50,000 square feet in area is allowed in the DTV zone with a Use Permit. The Use Permit allows the review authority to examine the characteristics of the proposed large retail use and determine if the use would or would not have a negative effect on the neighborhood. The proposed Target Department Store will have approximately 159,000 square feet of area, including stock areas. With approval of the proposed Zoning Ordinance Amendment and the Zone Change, the proposed Target would meet the Development Code standards for the DTV zone. B.. The proposed use is consistent with the General Plan and any applicable specific plan. The proposed use is consistent with the goals, policies and objectives of the General Plan as shown in Table I of the staff report. C. The design, location, size and operating characteristics of the proposed Resolution No. ZOOS- UP-2008-08 OO&UP-2008-08 July 23, Z008 Page 2 of 4 activity are compatible with the existing and future land uses in the vicinity. As shown in the Mitigation Measures of the attached Environmental Impact Report (EIR), and the attached Conditions of Approval, the proposed design, location, size and operating characteristics of the Target department store will be compatible with the existing and future land uses in the vicinity. The proposed exterior design includes varying heights, setbacks, and wall articulation. The proposed location, in the DTV zone would provide an anchor retail use for the north end of the Downtown District and would support future transit—oriented development in this location. The proposed size and operating characteristics of the large retail use are consistent with the urban form recommendations of the General Plan and with the Mitigation Measures of the DEIR, the use will benefit the community. The operating characteristics of the proposed Target Department Store include truck delivery operations between 4:00 a.m, and midnight. The trucks will not have audible back-up signals. The Noise and Vibration Section of the EIR has determined that the decibel level of noise from the loading docks, both during daytime and nighttime hours, will not exceed the allowable levels of the Development Code, primarily due to construction of a sound wall between the loading dock area and San Gabriel Avenue. Another operating characteristic of public concern is the need to prevent shopping carts from leaving the site. Condition of Approval #A5 will require the Target Department Store to incorporate a cart-locking system to retain the carts on the project site. 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 subject site is physically suitable for the type, density and intensity of the propose use. The site has access to the proposed parking area from Azusa Avenue; Ninth Street and San Gabriel Avenue and the parking area will provide the required amount of parking. In addition, a Traffic Study was conducted in conjunction with the EIR. This Traffic Study was reviewed and approved by the City Engineer. The Traffic Study addressed the seasonal parking impact of the proposed Target Department Store and determined that based on the provided amount of parking and the existing public parking lot and street parking, that the parking demand would be met. Page 2 of 4 Resolution No. 2008- UP-2008-08 July 23. 2008 Page 3 of 4 The Traffic Study also reviewed the proposed truck delivery route, entering from San Gabriel Avenue and exiting north onto Azusa Avenue. This proposed route was also reviewed by the Metro Gold Line Foothill Extension Authority and the Public Utilities Commission. Per their requirements, this was the preferred truck route to avoid the possibility of a delivery truck constraining any train movement on the existing railroad tracks. The impact of additional vehicular traffic generated by the proposed project on existing intersections was also included in the Study. It was determined that the intersection of Ninth Street and Azusa Avenue; Foothill Boulevard and Azusa Avenue, and First Street and Azusa Avenue would all be somewhat effected by the new construction. Condition of Approval #F27, F28 & F38 and Mitigation Measures TPI 8.TP2 has been included to ensure that additional impacts to these intersections be mitigated. The proposed project site is a developed parcel without physical constraints and utilities are already present at the project site. 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. With the implementation of the mitigation measures of the EIR and the attached Conditions of Approval, granting the Use Permit to allow a retail use with over 50,000 square feet in floor area 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 districts of the project site. The proposed Target Department Store will benefit the community and will contribute to the revitalization of the Azusa Downtown. SECTION 2: Pursuant to Section 15081 of the California Environmental Quality Act, a Draft Environmental Impact Report has been submitted for concurrent review and certification which concluded that, with the proposed mitigation measures, the project will not have an adverse impact on the environment. SECTION 3: Based on the aforementioned findings, the Planning Commission does hereby recommend that the City Council approve Use Permit UP-2008-08, for the proposed Target Department Store located at 809 N. Azusa Avenue, Azusa, California, subject to the Mitigation Measures and Conditions of Approval attached hereto as Exhibit A, and incorporated herein by reference, as though set out in Full and at length. Page 3 of 4 Resolution No. 2008- UP-2008-08 July 23, 2008 Page 4 of 4 SECTION 4. The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 23rd day of July, 2008 AZUSA PLANNING COMMISSION CHAIRMAN 1 hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 23`d day of July, 2008 by the following vote of the Planning Commission: AYES: NOES: ABSENT: ABSTAIN: AZUSA PLANNING COMMISSION SECRETARY Page 4 of 4 RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA RECOMMENDING THAT THE CITY COUNCIL APPROVE MODIFICATION TO CONDITIONAL USE PERMIT C-99-16 A REQUEST FORA MODIFICATION TO CONDITIONAL USE PERMIT C-99-16 TO ALLOW THE SALE OF BEERAND WINE FOR OFF-SITE CONSUMPTION AT THE PROPOSED TARGET DEPARTMENT STORE, LOCATED AT 809 N. AZUSA AVENUE, AZUSA, CALIFORNIA WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of TARGET CORPORATION with respect to the requested Modification of Conditional Use Permit C-99-16, for the proposed Target Department Store, located at 809 N. Azusa Avenue; and WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Sections 88.42.030A and 88.51 .040F of the Azusa Municipal Code, the Planning Commission hereby recommends that the City Council approves Modification to Conditional Use Permit C-99-16, based on the following findings: 1. 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 DTV zone with a Use Permit. As previously stated, there is an undue concentration of ABC licenses for the sale of alcoholic beverages for off-site consumption in the project census tract. However, based on the fact that the existing King Ranch Market already has an ABC license, the project location is not in a high crime area and the Azusa.Police Department has determined that the proposed Target Department Store would not jeopardize public safety in this area, Staff finds that the public convenience or necessity would be served by the modification of the existing Conditional Use Permit to allow the sales of beer and wine at the proposed Target Department Store. This is based on the fact that a department store selling alcoholic beverages, as a supplement to their other merchandise, would provide a convenience to the residents. Condition of Approval #F 10 requires that strategically placed surveillance cameras shall be installed at parking lot entrances/exits, entry/exit points of the store, cashier counters and along the south side of the building (to include loading dock area) that are digitally recorded and stored for at least 30 days for investigative Resolution No. 2008- Modification 008Modification to Conditional Use Permit G99-16 July 23, 2008 Page 2 of 5 purposes. When requested by police personnel, Target employees shall provide . digitally captured video and images to the Azusa Police Department in a timely manner, preferably within 60 minutes of the crime being reported and/or investigated. In addition, warning signs of such recording(s) shall be conspicuously posted as a crime deterrent. Condition of Approval #F 14 requires that the store shall be equipped with an audible or silent burglary alarm at all entry/exit points and monitored by a reputable alarm company and be in compliance with pertinent AMC requirements for alarm systems. Condition of Approval #F 19, requires clear signs stating I.D. will be required for anyone that appears to be underage and wants to purchase alcohol consistent with California State Alcohol Control Board requirements. 2. The proposed use is consistent with the General flan and any applicable specific plan. The proposed use is consistent with the goals, policies and objectives of the General Plan as shown in Table 1 of the staff report. 3. The design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity. The operating characteristics will be limited by the Conditions of Approval, specifically: #F10, #F14 and #F19 regarding surveillance, alarms and proper identification prior to sale of alcohol, making the operating characteristics compatible with the existing and future land uses in the vicinity. 4. 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 Target Department Store is to be located in the DN commercial zone, 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 does not cause a substantial increase in traffic in relation to the existing traffic load and the existing capacity of the street system S. 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 I®cated. Granting the Use Permit will be consistent with the General Plan goals and policies Page 2 of 5 Resolution No. 2008- Modlfication to Conditional Use Permit G99-I6 July 23, 2008 Page 3 of 5 by providing a convenient service for the residents in the DTV 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 6. 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. There are no schools or parks within 500 feet of the proposed Target Department Store, but there are single-and multi family residences with in 500 feet of the store. However, the ability to purchase beer and wine for off-site consumption, in addition to other department store items, will provide a convenience to the residents. 7. Appropriate measures to provide proper maintenance of the building exterior, including keeping the premises free of junk, litter, and debris. Conditions of Approval for the project will require that the premises are 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. 8. lighting of exterior areas, including parking lots, to discourage loitering activities outside of the buildings. Conditions of Approval for the project have been included to ensure that adequate lighting will be provided in the proposed parking lot and on the perimeter of the building. 9. 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. 10. Provision of onsite security, both inside and outside the building, to satisfy any concerns raised by the Police Department. The Police Department has reviewed the proposed project and has provided Page 3 of 5 Resolution No. 200& Modification to Conditional Use Permit C-99-16 - July 23. 2008 Page 4 of 5 specific Conditions of Approval for the proposed use. 11. Adequacy of off-street parking provided for the use. Per the Traffic Study, prepared for the EIR, ample parking will be provided. 12. Hours of operation. Beer and wine sales would occur during business hours: 8:00 am - 10:00 pm Monday through Saturday and 8:00 am - 9:00 pm Sundays. The store will be closed on Thanksgiving Day, Christmas Day and Easter Sunday. 13. Controls on occupancy limits inside the building and loitering outside of the building. The Building Division and the Los Angeles County Fire Department will determine the occupancy limits of the proposed department store. The Police Department and the Los Angeles County Fire Department are responsible for enforcing the limits. 14. Prevention of adverse effect of the use on value of adjacent properties. The sale of alcoholic beverages for off-site consumption in the proposed Target Department Store will not adversely affect the value of adjacent properties. The alcoholic component of the department store will be less than 335 square or 0.002% of the total floor area of the store. 15. Whether approval would.result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration. Per the ABC, there is already an undue concentration of liquor licenses in the subject census tract, resulting in the need for a finding of public convenience and necessity. However, the existing King Ranch Market already has a license to sell beer, wine and distilled spirits at the proposed location. Therefore the proposed new ABC license does not represent an increase in the number of licenses but, rather, the substitute of one license type for another in the subject census tract. As such, the proposal would not increase the number of licenses in the census tract. In addition, staff finds that the public convenience or necessity would be served by the issuance of a Modification to the Existing Conditional Use Permit for the proposed Target Department Store, based on the fact that a department store selling alcoholic beverages, as a supplement to their other merchandise, would provide a convenience Page 4 of 5 Resolution No. 2008- Modification 00&Modification to Conditional Use Permit G99-16 July 23, 2008 Page 5 of 5 to the residents. SECTION 2: Pursuant to Section 15081 of the California Environmental Quality Act, a Draft Environmental Impact Report has been submitted for concurrent review and certification which concluded that, with the proposed mitigation measures, the project will not have an adverse impact on the environment. SECTION 3: Based on the aforementioned findings, the Planning Commission does hereby recommend that the City Council approve Modification to Conditional Use Permit C-99-16, for the proposed Target Department Store located at 809 N. Azusa Avenue, Azusa, California, subject to the Conditions of Approval attached hereto as Exhibit A, and incorporated herein by reference, as though set out in full and at length. SECTION 4: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 23rd day of July, 2008 AZUSA PLANNING COMMISSION CHAIRMAN hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 23" day of July, 2008 by the following vote of the Planning Commission: AYES: NOES: ABSENT: ABSTAIN: AZUSA PLANNING COMMISSION SECRETARY Page 5 of 5 RESOLUTION NO. 2008 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA, CALIFORNIA, MAKING CERTAIN FINDINGS REQUIRED CINDER CALIFORNIA GOVERNMENT CODE SECTION 65401 A REQUEST FOR A FINDING UNDER CALIFORNIA GOVERNMENT CODE SECTION 65402 RELATING TO A PROPOSED DISPOSITION OF REAL PROPERTY LOCATED WITHIN THE DOWNTOWN TRANSIT VILLAGE ZONING DESIGNATION AND COMMERCIAL/RESIDENTIAL MIXED-USE LAND USE DESIGNATION, GENERALLY LOCATED AT THE 800 BLOCK OF NORTH AZUSA AVENUE, AZUSA, CALIFORNIA WHEREAS, The Redevelopment Agency of the City of Azusa previously entered into a Letter of Intent with Target Corporation for the development of a unique urban Target store located along the 800 block of North Azusa Avenue; and WHEREAS, Government Code Section 65402 provides that if a general plan or part thereof has been adopted, then no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the Planning Commission as to conformity with said adopted general plan or part thereof, and that the Planning Commission shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the City Council, and WHEREAS, On the 25`h of June, the Planning Commission of the City of Azusa conducted a meeting, pursuant to the California Ralph M. Brown Act, to determine whether the location, purpose and extent of the project proposed by the Application conforms to the adopted General Plan of the City of Azusa, and WHEREAS, On the 25`h of June, the Planning Commission of the City of Azusa conducted a meeting, pursuant to the California Ralph M. Brown Act, to determine whether the location, purpose and extent of the project proposed by the Application conforms to the adopted General Plan of the City of Azusa, and WHEREAS; City staff has determined, based on its review of the materials submitted to it with respect to Application, that the location, purpose y and extent of the project proposed by the Application conforms to the adopted General Plan of the City of Azusa, and WHERL41S, All legal prerequisites to the adoption of this Resolution have occurred, and WHERE41S, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: This Commission hereby specifically finds that all facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2: Based upon substantial evidence presented . to this Commission during the above- referenced meeting on the 25`" of June, 2008, including written and oral evidence, this Commission hereby specifically finds as follows: A. The Target store project is located at the 800 block of North Azusa Avenue. The Target project consists of a 159,000 square foot retail store with associated parking; and B. The project site is owned by the Redevelopment Agency; and C. That the completion of the project is consistent with the following General Plan Goals and Policies: Land Use Element Goals: Land Use: Districts GOAL 4 Azusa will have a thriving and well balanced business sector located within three pedestrian oriented districts that provide dining, retail, office, and entertainment experiences, and one industrial/technology district that provides "tech-driven" manufacturing, warehousing, and other industrial uses along with supporting commercial uses. The project will result in the construction of a new commercial downtown department store, which will help to revitalize the Downtown Transit Village District. A goal of the project will be to provide a "distinctive" experience. An outdoor plaza and other similar uses on the second floor will be encouraged to "activate" public spaces. The building r and site layout will link buildings, public facilities, and parking facilities with each other through the use of walkways and sidewalks and other amenities that contribute to pedestrian oriented activities. The project will contribute to the maintenance of a distinctive and pleasant physical environment through public streetscape and street amenities. The retail project emphasizes a tax generating use that is active each day of the week Land Use: Commercial and Mixed Use GOAL 5 Allow for and encourage the intensification of commercial uses in the corridors and in the districts to provide economic stability and to provide residents with essential goods and services. The intensification of commercial uses in the Downtown will be achieved through the application of the Development Code standards, which reduce the amount of parking, and minimize setbacks. The structure has been sited and designed to enhance pedestrian activity along the sidewalks, by incorporating furniture and foliage along the street frontage that stimulate pedestrian activity. ECONOMIC DEVELOPMENT GOALS AND POLICIES GOAL 1 Build and maintain a strong, diverse economy in Azusa. The development of a downtown department store in the Downtown District is consistent with an overall strategy to use land resources efficiently. The project builds on the city's amenities and assets, including the historic character of the Downtown, the diversity of the housing stock, and the proximity of the future Gold Line station. GOAL 9 Create a diverse and balanced revenue base with long-term value, avoiding excess reliance on a single revenue source. The project will help build a high-quality retail base that can hold value over time and adapt to changing circumstances. It will help promote a quality housing stock that will appreciate in value over time. The project promotes business development that can support the city's property tax base and generate sales tax revenues. GOAL 10 Strengthen the retail and.commercial base. The addition of approximately 159,000 square feet of retail space will help to enhance.the identity of the Downtown and strengthen retail and commercial base. The project will help promote Azusa's competitiveness at the sub-regional level. The quality of the project will help to attract more new development by demonstrating the City's commitment to ensuring high-quality public amenities in the retail districts, including high-quality streetscapes. GOAL 11 . Create a unique place with high quality of life for all its residents. The nature and design of the project is expected to promote quality of life for its own sake as well as making it part of an economic development strategy. By making the Downtown Transit Village a unique ,place anchored by a department store like Target, the project will help build long-term value in the community. Section 3: Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon the specific findings set forth in paragraphs 1 and 2 above, this Commission hereby concludes as follows: Based upon the information contained in the project proposed by the Application, the staff report accompanying this Resolution and any other written and oral material presented to the Commission, the Commission hereby determines that the location, purpose and extent of the disposition of the project proposed by the Application conforms to the City of Azusa's General Plan. SECTION 4: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 23`d day of July, 2008 AZUSA PLANNING COMMISSION CHAIRMAN 1 hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 23`d day of July, 2008 by the following vote of the Planning Commission: AYES: NOES: ABSENT: ABSTAIN: AZUSA PLANNING COMMISSION SECRETARY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TARGET DEVELOPMENT PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, the Target Development Project (the "Project") is proposing the development of 159,000 square feet of retail space with 420 parking spaces in a two-level structure with parking on the lower level and the Target retail department store on the top level, to be located at 809 N. Azusa Avenue; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.), the State CEQA Guidelines (14 CCR § 15000 et seq.) and the City of Azusa's Local CEQA Guidelines, the City of Azusa (the "City") is the lead agency for the Project, as the public agency with general governmental powers; and WHEREAS, the City, as lead agency, determined that an Environmental Impact Report ("EIR") should be,prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Project; and WHEREAS, the City issued a Notice of Preparation ("NOP") of a Draft EIR on January 16, 2008 and circulated the NOP for a period of 30 days, pursuant to State CEQA Guidelines sections 15082(a), 15103 and 15375; and WHEREAS, pursuant to State CEQA Guidelines section 15082, the City solicited comments from potential responsible agencies, including details about the scope and content of the environmental information related to the responsible agency's area- of statutory responsibility, as well as the significant environmental issues, reasonable alternatives and mitigation measures that the responsible agency. would have analyzed in the Draft EIR; and WHEREAS, approximately 35 comment letters/emails and verbal comments were received by the City in response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and RVPUBIFAVILA1751945.1 I WHEREAS, a public scoping meeting was held on February 7, 2008 to familiarize the public with the Project and the environmental review process and receive input as to the scope of the Draft EIR and issues of community concern; and WHEREAS, the Draft EIR was completed and released for public review on June 5, 2008 and the City initiated a 45-day public comment period by filing a Notice of Completion and Availability with the State Office of Planning and Research; and WHEREAS, pursuant to Public Resources Code section 21092, the City also provided a Notice of Completion and Availability to all organizations and individuals who had previously requested such notice and published the Notice of Completion on June 4, 2008 in a newspaper of general circulation in the Project area. Pursuant to City of Azusa Local CEQA Guidelines, the Notice of Completion was mailed to all residents and property owners within 500 feet of the Project. Copies of the Draft EIR were provided to interested public agencies, organizations and individuals. In addition, the City placed copies of the Draft EIR in the City Clerk's office, at the City of Azusa Planning Department counter and the public library, and posted the Draft EIR on the City's Internet website; and WHEREAS, during the 45-day comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and others pursuant to State CEQA Guidelines section 15086; and WHEREAS, all potential significant adverse environmental impacts were sufficiently analyzed in the Draft EIR; and WHEREAS, during the official public review period for the Draft EIR, the City received approximately 3 written comments and 11 verbal comments, and the City responded to all of these comments in the Final EIR; and WHEREAS, the Planning Commission of the City of Azusa, gave notice thereof as required by law and held public hearings on June 25, 2008 and July 23, 2008 on the application of the Target Corporation with respect to the requested application for a certification of the EIR for the proposed Target department store, located at 809 N. Azusa Avenue. On July 23, 2008, the Planning Commission voted to recommend approval of the request to the City Council; and WHEREAS, the City prepared the Final EIR and, pursuant to Public Resources Code section 21092.5, the City provided copies of the Final EIR to all commenting persons and agencies; and RVPUBTAVILA\751945.1 2 WHEREAS, State CEQA Guidelines Section 15093 requires that if the Project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Consideration prior to approving the Project. A Statement of Overriding Consideration states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts; and WHEREAS, the City Council of the City of Azusa, at its regularly scheduled public meeting on August 4, 2008 reviewed the Draft EIR and the Final EIR; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, all the requirements of CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines have been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines; and WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Final EIR, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Final EIR reflects the independent 'judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City or any additional information submitted to the City have produced substantial RVPUBTAVILAV51945.1 3 new information requiring recirculation or additional environmental review under State CEQA Guidelines section 15088.5; and WHEREAS, the City Council, having considered and weighed the economic, planning, social, aesthetic, and environmental benefits of the Project against the Project's unavoidable adverse impacts, has determined that the benefits of the Project outweigh the potential unavoidable adverse impacts, and desires to adopt a Statement of Overriding Considerations (see Exhibit A) for the Project; and WHEREAS, the Findings of Fact (see Exhibit A) for the Project conclude that the proposed mitigation measures outlined in the EIR are feasible and have not been modified, superceded or withdrawn. The Findings of Fact are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City Council adopts the EIR. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program for the EIR (see Exhibit B), are expressed as conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with the Findings of Fact and will be effectuated through the process of implementing the Project; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AZUSA, DOES HEREBY CERTIFY, FIND, AND DECLARE: Section 1. That the Target Project EIR consists of the following: 1 . Draft and Final EIR for the Target Project. 2. Comments and Responses to Comments. 3. Findings of Fact and Statement of Overriding Consideration (Exhibit A) 4. Mitigation Monitoring and Reporting Program (Exhibit B) Section 2. That the EIR has been prepared in accordance with the requirements of CEQA (Public Resources Code Section 21000 et. seq.) and the CEQA Guidelines (California Code Regs. Title 14 Section 15000 et. seq.). RVPUBTAVILAV51945.1 4 Section 3. That the EIR, prepared for the Target development Project, was received and considered by the City Council prior to approval of the Project. Section 4. That the EIR reflects the independent judgment of the City Council of the City of Azusa. Section 5. That the attached Findings of Fact and Statement of Overriding Considerations (see Exhibit A) are hereby approved by the City Council, and the contents and findings of which are hereby incorporated by this reference as if wholly set forward in this Resolution and are adopted in full by the City Council. Section 6. That the,Mitigation Monitoring and Reporting Program that was prepared for the project, was considered by the City Council prior to its adoption. The City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above- referenced documents are feasible and will become binding upon the entity assigned thereby to implement the same. Section 7. That pursuant to Public Resources Code Section 21081 and CEQA Guidelines 15091 , alternatives to the Project, which were identified in the EIR, were not found to reduce impacts to a less than significant level and/or meet Project objectives and/or were found to be infeasible based on specific economic, social, or other considerations. Section S. That the Mitigation Monitoring and Reporting Program, attached to this document as Exhibit B, is designed to ensure that, during project implementation, the City and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of. Fact and the Mitigation Monitoring and Reporting Program. Section 9. That the documents and materials that constitute the record of proceedings on which these Findings have been based are located at the City of Azusa, 213 E. Foothill Boulevard, Azusa, California. The custodian for these records is RVPUBTAVILA1751945.1 5 the Economic and Community Development Director. This information is provided in compliance with Public Resources Code Section 21081 .6. Section 11. That staff are directed to file a Notice of Determination with the County of Los Angeles within five (5) working days of final Project approval. ADOPTED AND APPROVED this 4th day of August, 2008. Joseph R. Rocha Mayor 1 HEREBY CERTIFY that the foregoing Resolution No. was adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 4"' day of August , 2008, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: . Vera Mendoza, City Clerk APPROVED AS TO FORM Sonia R. Carvalho, City Attorney Attachment: Exhibit A - Findings and Statement of Overriding Consideration Attachment: Exhibit B - Mitigation Monitoring and Reporting Plan R VPUB\FAVILA\751945.1 6 Target Store Redevelopment Project Mitigation Monitoring and Reporting Program Attachment A PROGRAMMITIGATION MONITORING AND REPORTING INTRODUCTION Section 21086.6 of the California Public Resources Code requires that public agencies approving a project with an EIR adopt a Mitigation Monitoring and Reporting Program (MMRP) for that project. The purpose of the MMRP is to ensure that the mitigation measures identified in the EIR to mitigate the potentially significant environmental effects of the project are, in fact, properly carried out. In its findings concerning the environmental effects of a project for which an EIR was prepared, a Lead Agency must also include a finding that a MMRP has been prepared and provides a satisfactory program-that would ensure avoidance or sufficient reduction of the significant effects of the proposed project. The City of Azusa is the Lead Agency for the proposed project and shall be responsible for assuring full compliance with the provisions of this program. TARGET STORE REDEVELOPMENT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM The MMRP contains the following: • All of the mitigation measures identified for the proposed project (listed according to the same numbering system contained in the Draft EIR) • Phase/time of the proposed project during which the mitigation measure must be implemented and/or monitored • Identification of the party responsible for implementing the mitigation measure • Identification of the party responsible for monitoring the implementation of the mitigation measure Aesthetics Al The proposed project shall incorporate design features to lessen the visual contrast with existing residences on San Gabriel Avenue. The design features to be implemented include, but are not limited to, varying building height, sloped roof design, and landscaping as approved by the director of the Public Works Department, all of which shall be consistent with the proposed project elevations and perspectives shown in Section 3.0 Project Description, as well as previously in the current section. These features shall be coordinated between the project applicant and the City of Azusa during the design review approval process before the Planning Commission and shall provide for a development that is more consistent with the visual character ' of the neighborhood. Timing/Phasing: City of Azusa Planning Commission and City Council Hearings; final design phase Responsible Party: Applicant Monitoring Party: City of Azusa Exhibit B of CEQA Resolution taha 2007-056 l Mitigation Monitoring and Reporting Program Target Store Redevelopment Project Mitigation Monitoring and Reporting Program Attachment A A2 All exterior lighting shall be shielded in a manner to focus illumination onto entrances, the loading dock, the covered surface parking, or onto the building itself and not be directed in a manner to cause spillover lighting on residences located along San Gabriel Avenue and 9th Street. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa A3 The determination of exterior building materials to be installed with the proposed project shall be coordinated between the project applicant and the City of Azusa to ensure that light and glare impacts would not occur. The following exterior building materials shall be used with the proposed project: buckskin and prairie clay (or similar colors) paint, plaster, concrete, and all non-reflective windows and other materials, such as clay tile roof, ceramic wall tile, decorative ventilator brick panels, and wall trellises. Timing/Phasing: Final design and construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Air Quality Construction Phase AQl Water or a stabilizing agent shall be applied to exposed surfaces in sufficient quantity to prevent generation of dust plumes. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa AQ2 Track-out shall not extend 25 feet or more from an active operation, and track-out shall be removed at the conclusion of each workday. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa AQ3 A wheel washing system shall be installed and used to remove bulk material from tires and vehicle undercarriages before vehicles exit the project site. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa AQ4 All haul trucks hauling soil, sand, and other loose materials shall maintain at least six inches of freeboard in accordance with California Vehicle Code Section 23114. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa mbe 2007-058 2 Target Store Redevelopment Project Mitigation Monitoring and Reporting Program Attachment A AQ5 All haul trucks hauling soil, sand, and other loose materials shall be covered (e.g., with tarps or other enclosures that would reduce fugitive dust emissions). Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa AQ6 Traffic speeds on unpaved roads shall be limited to 15 miles per hour. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa AQ7 Operations on unpaved surfaces shall be suspended when winds exceed 25 miles per hour. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa AQ8 Heavy equipment operations shall be suspended during first and second stage smog alerts. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa AQ9 On-site stock piles of debris, dirt, or rusty materials shall be covered or watered at least twice per day. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Biological Resources Resident or Migratory Wildlife Species BR1 If the Coast Live Oak trees along the east side of San Gabriel Avenue are to be removed, prior to construction of the proposed project, the presence of raptor or migratory nesting birds in the trees shall be evaluated. If the presence of raptor or migratory nesting birds is determined, the construction of the proposed project shall avoid removing the identified trees until the young have fledged. Timing/Phasing: Prior to construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Local Policies and Ordinances BR2 During the final design phase of the proposed project, and prior to the startof the demolition/construction phase,the project applicant shall submit a final landscape plan to the City of Azusa for approval by the City's Urban Forester and the Director of the Department of Public lane 2007-058 3 Target Store Redevelopment Project Mitigation Monitoring and Reporting Program ; Attachment A Works. The final landscape plan shall include provisions to either protect in place the existing Coast Live Oak trees in the parkway or replace them, per the requirements of the City of Azusa Tree Preservation Ordinance, with the condition that any replaced Coast Live Oak tree would attain at least 30-feet in height, along the east side of San Gabriel Avenue within the new parkway, within a 20-year period. The replaced Coast Live Oak trees shall be placed in the appropriate box size to accommodate the ultimate height the tree would reach within a 20-year period. Timing/Phasing: Final design phase Responsible Party: Applicant Monitoring Party: City of Azusa Urban Forester; Director of the City of Azusa Recreation and Family Services Department Geology,Soils,& Seismicity Geologic Materials and Soils GS1 Best Management Practices (BMPs), required as part of the National Pollutant Discharge Elimination System (NPDES) permit and application of South Coast Air Quality Management District (SCAQMD) Rule 403, shall be implemented for the proposed project to reduce potential soil erosion due to grading and excavation activities. BMPs would comply with applicable UBCs and include, but are not limited to, scheduling excavation and grading activities during dry weather, covering stockpiles of excavated soils with tarps or plastic sheeting, and debris traps on drains. Seismicity Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Building Division; City .of Azusa Public Works Department GS2 A liquefaction assessment shall be preformed by a certified engineering geologist or registered civil. engineer, as specified in Division of Mines and Geology's Special Publication 117 Guidelines, and its recommendations shall be incorporated into the foundation design of the proposed project. Timing/Phasing: Prior to issuance of grading permits Responsible Party: Applicant Monitoring Party: City of Azusa Building Division; City of Azusa Engineering Division Hazards and Hazardous Materials- Hazardous Materials HMI Consistent with the 1994 Federal Occupational Exposure to Asbestos Standards, a Licensed Asbestos Inspector shall be retained to determine the presence of asbestos and asbestos- containing materials (ACMs) within structures to be demolished on the project site. If asbestos is discovered, a Licensed Asbestos Abatement Contractor shall be retained to safely remove all asbestos from the site prior to demolition activities. laha 2007-058 4 Target Store Redevelopment Project Mitigation Monitoring and Reporting Program Attachment A Timing/Phasing: Prior to issuance of demolition permits Responsible Party: Applicant Monitoring Party: City of Azusa Building Division HM2 For existing structures to be demolished on the project site, lead-based paint testing shall be conducted due to the deteriorating condition of many painted surfaces. All materials identified as containing lead shall be removed by a licensed lead-based paint/materials abatement contractor. Timing/Phasing: Prior to issuance of demolition permits Responsible Party: Applicant Monitoring Party: City of Azusa Building Division HM3 On-site fluorescent light ballasts and electrical transformers that are not marked "No PCBs" shall be removed prior to demolition activities and shall be disposed of by a licensed and certified PCB removal contractor, in accordance with local, State, and federal regulations. Timing/Phasing: Prior to issuance of demolition permits Responsible Party: Applicant Monitoring Party: City of Azusa Building Division; City of Azusa Engineering Division Hazardous Wastes and Contamination HM4 195 tons of contaminated soil in the southeastern portion of the project site containing diesel hydrocarbons, arsenic, and soluble lead shall be removed and disposed of as hazardous waste per the specifications of the LARWQCB or other agencies overseeing the cleanup of the proposed project. Removed soil shall be excavated at a depth of two feet in the southeastern portion of the project site adjacent to contaminated soil samples found at TPH2, TPH3, and SS2 of the 809 North Azusa Avenue Soil Sample Report. Timing/Phasing: Construction Phase Responsible Party: Applicant Monitoring Party; Los Angeles Region Water Quality Control Board; City of Azusa Building Division; City of Azusa Building Division HM5 175 tons of contaminated soil in the southwestern and northern portions of the project site containing arsenic shall be disposed of at a permitted landfill per the specifications of the LARWQCB or other agencies overseeing the cleanup of the proposed project. Removed soil shall be excavated at a depth of two feet adjacent to arsenic contaminated soil samples found at KRSS 13 and 14 of the 110-190 East Ninth Street Soil Sample Report and EASS10, EASS15, and EASS23 of the 800-802 North Azusa Avenue Soil Sample Report. Timing/Phasing: Construction Phase Responsible Party: Applicant Monitoring Party:, Los Angeles Region Water Quality Control Board; City of Azusa Building Division Land Use & Planning Land Use Plans and Policies [aha 2007-058 Target Store Redevelopment Project Mitigation Monitoring and Reporting Program Attachment A LU1 The City of Azusa Development Code shall be amended to include the Downtown North Overlay II Zone. Additionally, the City of Azusa Zoning Map shall be amended to reflect the Downtown North Overlay II Zone. The proposed project shall be required to comply with the newly implemented standards of the Downtown North Overlay II Zone, which would allow for a greater maximum height than the DTV zone, a change in building orientation, and a reduced parking stall size. The reduced length of the parking stalls allowed under the overlay zone provides for additional surface area in the proposed ground floor parking area, allowing for more parking spaces to be accommodated in the ground floor parking area. Timing/Phasing: City of Azusa Planning Commission and City Council Hearings; prior to final design phase Responsible Party: Applicant Monitoring Party: City of Azusa Planning Division Noise Operational Phase N1 The City of Azusa Development Code shall be amended to include the Downtown North Overlay II Zone. The new Overlay Zone shall allow for truck deliveries to occur between the hours of 4:00 a.m. to 12:00 a.m., Mondays through Sunday. Timing/Phasing: City of Azusa Planning Commission and City Council Hearings; prior to final design phase Responsible Party: City of Azusa Planning Division Monitoring Party: City of Azusa Planning Division; City of Azusa Community Development Department Public Services Police Protection PSI Vandal-resistant lighting systems shall be installed that provide uniform white light that minimizes glare, light pollution, and light trespass, which provide nighttime vision for motorists, pedestrians, homeowners and business people, and enhance police ability for surveillance, patrol and pursuit. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Planning Division; City of Azusa Police Department PS2 Clear signs shall be posted where parking is limited (e.g., street parking), handicapped parking stalls shall be marked in compliance with California Vehicle Code(CVC)22511.8, and fire lanes shall be marked in compliance with CVC 22500.1. The property owner shall post signs in compliance with CVC 22658 stating that illegally parked cars shall be towed. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Planning Division; City of Azusa Department of Public Works; City of Azusa Building Division Mha 2007-058 6 Target Store Redevelopment Project Mitigation Monitoring and Reporting Program Attachment A PS3 At a minimum, strategically placed surveillance cameras shall be installed at parking garage entrances/exits, entry/exit points of the store, and along the south side of the building (including the loading dock area) that shall be digitally recorded and stored for at least 30 days for investigative purposes. As requested, Target employees shall provide digitally captured video and images to the APD in a timely manner, preferably within 60 minutes of the crime being reported and/or investigated. Warning signs of such recordings shall be conspicuously posted as a crime deterrent. The store shall be equipped with an audible or silent burglary alarm at all entry/exit points and monitored by a reputable alarm company and be in compliance with pertinent requirements for alarm systems. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Planning Division; City of Azusa Department of Public Works; City of Azusa Police Department PS4 All containers in trash enclosure areas shall have a lid, be kept closed, and the containers and/or enclosures shall be lockable to deter illegal dumping. All planters shall utilize materials and/or finishes on top caps that discourage skateboarding. All landscape material shall not have canopies lower than six feet in height and shrubbery higher than two feet in height to maximize pedestrian visibility. The use of approved graffiti resistant finishes shall be used wherever possible. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Planning Division; City of Azusa Department of Public Works PS5 Two designated on-street police parking spaces (non-compact) shall be provided near a store entrance for arrest/investigative purposes, and a designated room shall be made available to law enforcement for investigative and custody purposes (e.g. shop lifters and other criminal offenders apprehended by store security/personnel). In addition, Target store private security or other store personnel shall be required to frequently patrol the parking area,and monitor video surveillance monitors. Timing/Phasing: Construction phase; operational phase Responsible Party: Applicant Monitoring Party: City of Azusa Planning Division; City of Azusa Department of Public Works; City of Azusa Police Department Public Schools PS6 The proposed project shall be required to pay school impact fees. Timing/Phasing: Prior to issuance of building permits Responsible Party: Applicant Monitoring Party: City of Azusa Building Division Recreation and Parks PS7 The proposed project shall pay applicable park impact fees as part of the permitting process. Mha 2DO7-058 7 Target Store Redevelopment Project Mitigation Monitoring and Reporting Program Attachment A Timing/Phasing: Prior to issuance of building permits Responsible Party: Applicant Monitoring Party: City of Azusa Building Division Traffic& Parking Intersection Analysis/Public Transit TPl One eastbound left turn lane on Foothill Boulevard shall be added to modify the eastbound approach on Foothill Boulevard to Azusa Avenue from the existing configuration of one left tum lane and two through lanes to two left turn lanes and two through lanes. Timing/Phasing: Construction phase Responsible Party: City of Azusa Monitoring Party: City of Azusa Public Works Department TP2 One westbound left turn lane on I" Street at Azusa Avenue shall be added. The westbound approach on 1" Street shall be restriped from one left turn lane, one through lane, and one shared through/right turn lane to two left turn lanes, one through lane and one right turn lane. Additionally, the eastbound approach on la Street shall be restriped from one left turn lane, one through lane, and one right turn lane to one left turn lane and one shared through/right turn lane. Timing/Phasing: Construction phase Responsible Party: City of Azusa Monitoring Party: City of Azusa Public Works Department Parking TP3 Because some of the parking demand would be met by other nearby parking lots at certain times, signage shall be installed to identify such parking locations. Two types of signage shall be installed. Firstly, appropriate informational signage shall be installed at the four nearby parking lots indicating public parking that is also available for users of the Target Store. Secondly, signage shall be installed in the Target parking lot, close to the main store entrance with a map displaying the locations of the other nearby available public parking lots in the downtown area. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Public Works Department; City of Azusa Planning Division TP4 For the peak month of December, an off-site employee parking program shall be implemented. Employee parking shall take in the range of 110 to 135 total parking spaces at peak times. By adopting on off-site employee parking strategy during weekdays and weekends in December, there would be no parking supply shortfall during weekdays or weekends even in this peak month. Such an off-site strategy shall identify parking for employees at locations outside the immediate area of the store and provide shuttle bus transportation from the remote location(s) to the Target store. Timing/Phasing: Construction phase Responsible Party: Applicant Mna zoor-osa 8 Target Store Redevelopment Project Mitigation Monitoring and Reporting Program Attachment A Monitoring Party: City of Azusa Public Works Department; City of Azusa Planning Division Utilities & Service Systems Water Supply U1 Precise water system requirements shall be determined during specific project design review. Water design requirements shall be subject to the provisions of site plan review by the City of Azusa. Timing/Phasing: Final design Responsible Party: Applicant Monitoring Party: City of Azusa Light&Water; City of Azusa Planning Division U2 Water conservation measures shall be implemented, including, but not limited to, the installation of low water use toilets and landscape water budgets, as recommended by the California Department of Water Resources, shall be incorporated in all new or substantially rehabilitated projects. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Light& Water; City of Azusa Planning Division Sewer and Wastewaster U3 Precise sewer system requirements shall be determined during specific project design review. Sewer design requirements shall be subject to the provisions of site plan review by the City. Timing/Phasing: Final design Responsible Party: Applicant Monitoring Party: City of Azusa Public Works Department Engineering Division; City of Azusa Planning Division U4 At the time building permit applications are submitted, the proposed project shall demonstrate, to the satisfaction of the City,on-site measures to reduce wastewater loads. Timing/Phasing: Prior to issuance of building permits Responsible Party: Applicant Monitoring Party: City of Azusa Public Works Department Engineering Division U5 The proposed project shall be reviewed by the City's Engineering Division and the County of Los Angeles Sanitation District to determine the adequacy of the existing trunk sewer capacity. Timing/Phasing: Prior to issuance of building permits Responsible Party: Applicant Monitoring Party: City of Azusa Public Works Department Engineering Division; County of Los Angeles.Sanitation District Solid Waste Disposal laha 2007-058 9 Target Store Redevelopment Project Mitigation Monitoring and Reporting Program Attachment A U6 The demolition contractor for this project shall recycle all materials to the greatest extent possible, especially all "inert" materials. If any inert materials, such as dirt, rock, concrete or asphalt, require disposal, contractor shall deliver such materials to a reclamation pit such as Cal Mat or Reliance Pit #2. That is, only inert pits or facilities that do not report "tons disposed" through the "Disposal Reporting System" as defined by the California Integrated Waste Management Act of 1989, shall be used for discarding inert materials. The demolition contractor shall report all tons diverted from solid waste landfills by material type to the City of Azusa following demolition, including all metal, inert materials, wood, plastics or other material types. The demolition contractor shall also report tons disposed in solid waste landfills which could not be safely recycled due to waste composition, material mixture, or economic infeasibility. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Public Works Department; City of Azusa Building Division U7 All construction contractors involved in building activities associated with proposed project shall separate and recycle all materials to the greatest extent possible. If any inert materials, such as dirt, rock, concrete or asphalt, require disposal, contractor shall deliver such materials to a reclamation pit such as Cal Mat or Reliance Pit#2. That is, only inert pits or facilities that do not report "tons disposed" through the "Disposal Reporting System" as defined by the California Integrated Waste Management Act of 1989, shall be used for discarding inert materials. All construction contractors shall report all tons diverted ("recycled") from solid waste landfills by material type to the City of Azusa following construction completion, including all metal, inert materials, wood, plastics or other material types. Construction contractors shall also report tons disposed in solid waste landfills which could not be safely recycled due to waste composition, material mixture, or economic infeasibility. Timing/Phasing: Construction phase Responsible Party: Applicant Monitoring Party: City of Azusa Public Works Department Us Retailers occupying premises of proposed project shall comply with all recycling requirements of the State of California, including those of the California Integrated Waste Management Act of 1989 and Beverage Container Recycling and Litter Reduction Act of 1986. Timing/Phasing: Construction phase; operational phase Responsible Party: Applicant Monitoring Party: City of Azusa U9 Retailers occupying premises of proposed project shall comply with all waste recycling programs instituted by the City of Azusa to comply with State law or implement local ordinances. Timing/Phasing: Construction phase; operational phase Responsible Party: Applicant Monitoring Party: City of Azusa tabs 2007-058 10 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS I. INTRODUCTION The City of Azusa is located in northeastern Los Angeles Countyin Southern California and has a population of 47,120 persons. In 2003, the City Council and Redevelopment Agency of the City of Azusa (Agency) approved and adopted the Merged Project Area Redevelopment Plan, which amended and restated two previous redevelopment plans: the Central Business District and West End Redevelopment Plans. The project site is located within the Merged Project Area, which includes numerous parcels located along Azusa and San Gabriel Avenues, from approximately West 91h Street in the north, past the Foothill Freeway(I-210), to Arrow Highway in the south. In December of 2007, the Agency received a development proposal from Target Corporation for a retail project to be constructed on an approximately 180,533-square-foot, or 4.1-acre, site. The project site is centrally located within the City of Azusa in the northwestern portion of the downtown area. Located on the southwest corner of Azusa Avenue and 9th Street, the project site is bounded by 9th Street on the north, Azusa Avenue on the east, the Metro Gold Line Foothill Extension right-of-way on the south, and San Gabriel Avenue on the west. The proposed project would contribute to reversing the trend of declining economic activity and physical decay in the downtown area by developing underutilized parcels, providing employment, retail, and other services and enhancing the economic development of the City. II. ENVIRONMENTAL DOCUMENTATION BACKGROUND The proposed project was reviewed by the Agency in accordance with the requirements of the California Environmental Quality Act(CEQA) (Pub Resources Code § 21000 et seq; 14 Cal. Code Regs. § 15000 et seq). The Agency determined that an Environmental Impact Report (EIR) was required for the proposed project and an Initial Study was prepared in order to assess the scope of the EIR. In compliance with Public Resources Section 21080.4, a Notice of Preparation (NOP) for the proposed project was circulated on January 16, 2008, starting a 30-day public review period. Subsequent to the NOP public review period, a Draft EIR was prepared. The Draft EIR for the proposed project (SCH#2008011046), incorporated herein by reference in full, was prepared pursuant to CEQA and State and Agency CEQA Guidelines (Pub. Resources Code § 21000 et seq.; 14 Cal. Code Regs. § 15000 et seq). In compliance with CEQA Guidelines sections 15085 and 15087, a Notice of Availability (NOA) was circulated from June 5, 2008 through July 20, 2008. During the same period, the Draft EIR was circulated and made available for public review and comment, in accordance with Section 15087 of the State CEQA Guidelines. One public hearing was held during the public review period on June 25, 2008 before the City of Azusa Planning Commission. A second public hearing was held after the public review period on July 23, 2008 before the City of Azusa Planning Commission. All of the written comments received during the Draft EIR public review period, as well as the verbal comments received at both of the City of Azusa Planning Commission Hearings, were responded to in the Final EIR. Insofar as the City of Azusa City Council will act first on the proposed project, the City of Azusa has more general jursidiction over the Project, and City staff have been responsible for the CEQA compliance of the proposed project from the outset,the City of Azusa has assumed the lead agency role. The Final EIR is intended to serve as an informational document for public agency decision-makers and the general public regarding the objectives and components of the proposed project pursuant to the CEQA Guidelines (Pub. Resources Code, § 21000 et seq; 14 Cal. Code Regs., § 15000 et seq.). The Final EIR includes the Draft EIR (by refrerence), corrections and additions to the Draft EIR, comments made regarding the Draft EIR, and the responses preapred by the City to those comments. The information taha2007-058 1 Exhibit A of CEQA Resolution CEQA Findings &Statement of Overriding Considerations Target Store Redevelopment Project Findings of Fact and Statement'of Overriding Considerations presented in the Final EIR superceds the information presented in the original Draft EIR. Draft comments on the Final EIR were sent to all public agencies and members of the public that made comments on the Draft EIR, at least 10 days prior to scheduled certification of the Final EIR pursuant to CEQA Guidelines section 15088(b). The Final EIR is the primary reference document for the formulation and implementation of a Mitigation Monitoring and Reporting Program (MMRP) (Attachment A) for the proposed project. Environmental impacts cannot always be mitigated to a level that is considered less than significant. In accordance with the CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.), if a lead agency approves a project that has significant impacts that are not substantially mitigated (i.e., unavoidable significant impacts), the agency shall state in writing the specific reasons for approving the project based on the final CEQA documents and any other information in the public record for the project (CEQA Guidelines, § 15093, subd. (b)). This is called a"statement of overriding considerations"(CEQA Guidelines, § 15093). These findings, as well as the accompanying statement of overriding considerations, have been prepared to comply with CEQA. The documents and other materials that constitute the whole record of proceedings on which the CEQA findings are based are located at the City of Azusa City Hall, 213 East Foothill Boulevard, Azusa, California 91702. The custodian of the record of proceedings is the Director of Economic and Community Development of the City of Azusa. This information is provided in compliance with Pub. Resources Code §21081.6(a)(2). III. FINDINGS REQUIRED UNDER CEQA Public Resources Code Section 21081 and CEQA Guidelines Section 15091 require a public agency(City of Azusa City Council), prior to approving a proposed project, to identify significant impacts of the proposed project and make one or more of three allowable findings for each of the significant impacts. The first allowable finding is that "changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR" (State CEQA Guidelines, § 15091, subd. (a)(1)). • The second allowable finding is that"such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency" (State CEQA Guidelines,,§ 15091, subd. (a)(2)). The third allowable finding is that "specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the final environmental impact report"(State CEQA Guidelines, § 15091 (a)(3)). The findings reported in the following pages incorporate the facts and discussions of the environmental impacts that are found to be significant in the EIR for the proposed project as fully set forth therein. Although Section 15091 of the CEQA Guidelines does not require findings to address environmental impacts that an EIR identifies as merely "potentially significant," these findings will, nevertheless, fully account for all such effects identified in the EIR. For each of the significant impacts associated with the proposed project, the following sections are provided: Description of Significant Effects — A specific description of the environmental effects identified in the EIR, including a conclusion regarding the significance of the impact, is provided. taha 2007-058 2 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Mitigation Measures—Mitigation measures or actions that are required as part of the proposed project are identified. Findine—One or more of the three specific, possible findings under CEQA Guidelines Section 15091 are provided here. Reference—A citation to the specific section in the EIR that includes the evidence and discussion of the identified impact is provided. For the environmental impacts identified in the EIR to be less than significant, a statement explaining why the impacts are less than significant is provided. IV. DESCRIPTION OF THE PROPOSED DEVELOPMENT As discussed in detail in Section 3.0 Project Description of the Draft EIR and Section 1.0 Introduction of the Final EIR, the proposed project would construct a Target retail store on a 4.1-acre site in the northwestern portion of downtown Azusa. The proposed project entails the development of a two-story Target store, including 168,000 square feet of retail and storage space. The proposed project would also include 420 ground floor parking spaces beneath the retail and storage space. Approximately 21 angled street parking spaces would be constructed along San Gabriel Avenue adjacent to new landscaped islands, resulting in the removal of one through traffic lane on San Gabriel Avenue. The proposed project would necessitate the re-striping of the six existing angled parking spaces along Azusa Avenue. V. ENVIRONMENTAL EFFECTS FOUND TO BE LESS THAN SIGNIFICANT The City staff determined that the proposed project would not cause significant impacts in the following environmental topic areas: • Aesthetics: Views and Vistas and Scenic Resources • Air Quality: Operational Localized Emissions, Odors, Toxic Air Contaminants, and Consistency with the Air Quality Management Plan • Biological Resource's: Sensitive Species, Riparian Habitat or Sensitive Natural Community, Protected Wetlands, and Habitat or Community Conservation Plans • Geology and Seismicity: Landslides • Hazards and Hazardous Materials: Subsidence/Methane Gas, Transport and Disposal of Hazardous Materials, and Other Hazards • Land Use and Planning: Division of Established Community, Land Use Compatibility, and Consistency with Land Use Plans • Noise and Vibration: Construction Noise and Vibration, Operational Mobile, Parking, and Mechanical Equipment Noise, and Operational Vibration • Population, Housing, and Employment • Public Services: Fire Department and Emergency Services and Other Public Services • Traffic and Parking: Congestion Management Program, Driveways and Access, Public Transit, and Traffic Hazards • Utilities and Service Systems: Natural Gas. The rationale for the conclusions that no significant impacts would occur with regard to these issue areas are summarized below: laha 2007-058 3 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations A. Aesthetics 1. Views and Vistas (Draft EIR pp.4.1-18). The City of Azusa City Council finds that the proposed project would have less-than-significant impacts on views and vistas. As stated in Section 4.1 Aesthetics of the Draft EIR, the primary view of interest from the project area consists of the San Gabriel Mountains located 1.7 miles north of the project site. The existing view corridors of the San Gabriel Mountains are located along Azusa and San Gabriel Avenues in the project area. A significant change to the view corridors would not occur because the most valued view from the corridors is the motorists view looking directly north on the tree-lined Azusa and San Gabriel Avenues. The proposed project would not interrupt these direct views of the San Gabriel Mountains. In addition, the existing view corridors of the San Gabriel Mountains from the project area are not officially designated and are not protected by City ordinance. 2. Scenic Resources (Draft EIR pp. 4.1-18 to 4.1-19). The City of Azusa City Council finds that the proposed project would have no impacts on a scenic resource within a State scenic highway, or other scenic resources. As stated in Section 4.1 Aesthetics of the Draft EIR, the nearest designated scenic highway to the project site is State Route 2, north of State Route 210 in La Canada Flintridge, located approximately 17 miles northwest of the project site. This facility would not be affected by the proposed project. The project site is bounded by Azusa Avenue (State Highway 39) on the east, and San Gabriel Avenue on the west. This section of Azusa Avenue is eligible to become a State scenic highway but has not yet been officially designated. There are no scenic elements along Azusa Avenue that would be adversely affected by the proposed project. In compliance with City requirements, existing landscaped islands and street furniture elements along this section of Azusa Avenue, adjacent to the project site,would be replaced with the proposed project. The existing Coast Live Oak trees located on the east side of San Gabriel Avenue, between the Metro Gold Line Foothill Extension right-of-way and Wh Street, would be removed with the proposed project. The City's Urban Forester has concurred that these trees could not be successfully relocated. In compliance with City requirements, replacement tree species are proposed for this segment of San Gabriel Avenue, adjacent to the project site. The City of Azusa City Council finds in that the replacement landscaping is sufficient in terms of the number of replacement trees and other landscaping elements, to maintain scenic resource impacts at a less than significant level. B. Air Quality 1. Local Operational Emissions (Draft EIR pp. 4.2-20 to 4.2-21). The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to local operational air quality emissions(carbon monoxide emissions). The analysis presented in Section 4.2 Air Quality of the Draft EIR found two locations where changes in traffic volumes as a result of the proposed project would potentially create carbon monoxide (CO) hot spots. These potential hot spot locations were the intersections of Foothill Boulevard/Azusa Avenue and I' Street/Azusa Avenue during the PM peak hour. However, detailed analysis presented in the Draft EIR also indicated that, for the project build-out date of 2010, and the Metro Gold Line Foothill Extension light rail transit line . opening date in 2012, neither CO levels during the one-hour or eight-hour periods would exceed State Standards. One-hour 2010 CO concentrations under"project" conditions would be approximately 3 ppm to 4 ppm at worst-case sidewalk receptors. Eight-hour 2010 CO concentrations under "project" conditions would be iabe 2007-058 4 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations approximately 2.4 ppm and 2.5 ppm. One-hour 2012 CO concentrations under "project' conditions would be approximately 3 ppm at worst-case sidewalk receptors. Eight-hour 2012 CO concentrations under "project' conditions would be approximately 2.1 ppm and 2.2 ppm. The State one- and eight-hour standards of 20 ppm and 9.0 ppm, respectively, would not be exceeded at the two study intersections. 2. Odors(Draft EER pg. 4.2-19 and 4.2-22). The City of Azusa City Council finds that the proposed project would have less-than-significant impacts on construction and operational phase odors. As stated in Section 4.2 Air Quality of the Draft EIR, excessive odors (which is defined as an air contaminant by the South Coast Air Quality Management District [SCAQMD]) are regulated by SCAQMD Rule 402 — Nuisance. Potential odors emitted from construction equipment would be localized and generally confined to the project site. Uses that are typically considered by the SCAQMD to be a source of odor complaints include agricultural uses, food processing and chemical plants, composting refineries, and landfills. With the proposed project, the project site would be developed with a retail use and would not include land uses that have been identified by the SCAQMD as having potential odor impacts. 3. Toxic Air Contaminants (Draft EIR pg. 4.2-19 to 4.2-22). The City of Azusa City Council finds that the proposed project would have less-than-significant impacts on construction and operations phase Toxic Air Contaminants (TACs) and human health. The greatest potential for TAC emissions during construction would be diesel particulate emissions associated with heavy equipment operations. Construction activity would utilize standard construction practices with typical construction equipment that do not emit unusually high levels of TACs. In addition, the short- term construction schedule of approximately 14 months would not expose sensitive receptors to long-term TAC emissions and residual emissions would not occur after construction. The primary source of potential TACs associated with proposed project operations is diesel particulate from local carrier and vendor vehicles, as well as Target distribution center and grocery trucks (e.g., truck traffic on local streets and on-site truck idling). Approximately 8 to 12 local carrier and vendor trucks, vans, and delivery trucks would access the project site per day. While truck deliveries would occur as a part of operations at the project site, the number of heavy-duty diesel trucks accessing the project site on a daily basis would range from approximately one to three trucks. Consistent with the State regulation to limit commercial motor vehicle idling,the trucks that do visit the site would not idle on-site for more than five minutes. This low level of diesel truck activity would not typically constitute a health risk. Typical sources of acutely and chronically hazardous TACs include industrial manufacturing processes and automotive repair facilities. The proposed project would not include any of these potential sources, although minimal emissions may result from the use of consumer products (e.g., aerosol sprays). As such, the proposed project would not release substantial amounts of TACs, and no significant impact on human health would occur. 4. Consistency with Air Quality Management Plan (Draft EIR pg. 4.2-21). The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to consistency with Consistency Criterion No. 1 and Criterion No. 2. As stated in Section 4.2 Air Quality of the Draft EIR, there are two key indicators of consistency with the Air Quality Management Plan (AQMP). These indicators are discussed below. taha 2007-058 5 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Consistency Criterion No. 1: The proposed project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP. Operational emissions would exceed the SCAQMD significance thresholds for CO and NOx. An analysis was completed using the United States Environmental Protection Agency (USEPA) SCREEN3 dispersion model to ascertain if project-related emissions would cause ambient CO and NO2 concentrations at the Azusa Monitoring Station to exceed State standards. The SCREEN3 analysis indicated that operational emissions would potentially increase ambient CO and NOx concentrations by less than 0.1 ppm each. The highest one-hour CO and NOx concentrations recorded at the Azusa Monitoring Station over the last three years are 3 and 0.11 ppm, respectively. When modeled concentrations were added to existing concentrations, the new ambient CO and NOx concentrations would be less than 3.1 and 0.12 ppm, respectively. This would be less than the State CO and NOx standards of 20 and 0.18 ppm, respectively. Therefore, the proposed project would comply with Consistency Criterion No. 1. • Consistency Criterion No. 2: The proposed project will not exceed the assumptions in the AQMP in 2010 or increments based on the year of project build-out. The second consistency criterion requires that the proposed project not exceed the assumptions in the AQMP. A project is consistent with the AQMP if it is consistent with the population, housing, and employment assumptions that were used in the development of the AQMP. The 2007 AQMP, the most recent AQMP adopted by the SCAQMD, incorporates, in part, the Southern California Association of Government's (SCAG's) 2004 Regional Transportation Plan (RTP) socioeconomic forecast projections of regional population and employment growth. The 2004 RTP is based on growth assumptions through 2030 developed by each of the cities and counties in the SCAG region. According to the City of Azusa Development Code,the project site is located in the Downtown-Transit Village (DTV) zone. The DTV zone is intended for transit- oriented development adjacent to the planned Metro Gold Line Foothill Extension light rail transit station. It is also intended to support retail, office, and entertainment uses. A general plan amendment would not be required, and the proposed project would be consistent with the employment projections completed by the City. Therefore, the proposed project is considered to be consistent with growth assumptions included in the AQMP. Accordingly,the proposed project complies with Consistency Criterion No. 2. C. Biological Resources 1. Sensitive Species (Draft EIR pp. 4.3-5) The City of Azusa City Council finds that the proposed project would have no impacts related to candidate, sensitive, or special status species. As stated in Section 4.3 Biological Resources, an urbanized area surrounds the project site, which is currently developed with a surface parking lot, commercial and industrial uses. The project site does not contain any natural habitat or species identified as candidate, sensitive, or of special status. Due to the existing urbanized nature of the.project site and surrounding area, the proposed project would not affect any sensitive species. 2. Riparian Habitat or Natural Sensitive Community(Draft EIR pp. 4.3-5) The City of Azusa City Council finds that the proposed project would have no impacts related to riparian habitats or other sensitive natural communities. As stated in Section 4.3 Biological Resources of the t ha 2007-058 - 6 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Draft EIR, the project site is entirely developed, is surrounded by an urbanized area, and no riparian habitat or other sensitive natural communities exist on the project site. The San Gabriel River is located approximately 1.4 miles west of the project site, however, no bodies or courses of water that provide habitat for fish exist within or adjacent to the project site. The project site is not in or adjacent to any riparian area or designated County of Los Angeles Significant Ecological Area (SEA) and, as such, the proposed project would not affect any such areas or other sensitive natural communities. 3. Protected Wetlands (Draft EER pp. 4.3-6) The City of Azusa City Council finds that the proposed project would have no impacts related to wetlands. As stated in Section 4.3 Biological Resources of the Draft EIR,the project site does not contain and is not located adjacent to any federally protected wetlands as defined by Section 404 of the Clean Water Act. The project site is surrounded by an urbanized area and is currently developed with commercial, industrial, and parking uses. The proposed project would not affect any federally protected wetlands. 4. Habitat or Community Conservation Plans (Draft EIR pp. 4.3-1 to 4.3-3) The City of Azusa City Council finds that the proposed project would have no impacts related to an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other conservation plan. As previously stated, the project site and surrounding area are not located in or adjacent to an existing SEA. Additionally, no adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan is in place that includes the project site or surrounding properties. Therefore, the proposed project would not conflict with any habitat conservation plans. D. Geology and Seismicity 1. Landslides (Draft EIR pp.4.4-8 to 4.4-10). The City of Azusa City Council finds that the proposed project would have no impacts related to landslides. As stated in Section 4.4 Geology, Soils, and Seismicity, the project site has a flat terrain and is not located in close proximity to any hillside area. In addition, the project site is not located near or within a City-designated slope stability area or a designated landslide area. According to the United States Geological Survey (USGS), no landslide areas are mapped in the vicinity of the project site. Therefore, the project site is not subject to earthquake-induced landslides. E. Hazards and Hazardous Materials 1. Subsidence/Methane Gas(Draft EIR pp. 4.5-6) The City of Azusa City Council finds that the proposed project would have no impacts related to subsidence/methane gas. According to the environmental site assessments prepared for the project site, the project area is not located in a State-designated oil field or in a major oil drilling area. Further, the EDR Radius Map indicates that no oil or gas wells are located within a one-mile radius of the project area. It is unlikely for subsidence or hazards associated with methane gas to occur where oil fields, oil drilling areas, and oil or gas wells do not exist. In addition, there are no known gases in the project area which could result in further subsidence risk. The proposed project would be constructed in an area where the risk of subsidence/methane gas hazards is very low. 2. Transport,Use,and Disposal of Hazardous Materials (Draft EIR pp. 4.5-6) paha 2007-058 7 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to the routine transport, use, and disposal of hazardous materials. As stated in Section 4.5 Hazards and Hazardous Materials, the proposed project would replace two auto-related land uses, which routinely use hazardous materials in regular operations, with a retail land use that would transport, use and dispose of a minimal amount of hazardous materials. Operations associated with the proposed project may handle small quantities of chemical substances, such as cleaners or solvents. However, the operation of the retail facility would involve minimal, if any, use of petroleum products or hazardous materials, and these would be transported, contained, and disposed of in accordance with applicable local and State regulations. These operations would represent a significant reduction in the amount and frequency of use of any hazardous materials compared to existing auto-related uses. The risk of exposure from accidental release of hazardous materials from the project site would also be reduced. If there were a release of materials related to the proposed project, the amount would be small and localized, and it is unlikely that it would affect adjacent properties and residences. 3. Other Hazards (Draft EIR pp.4.5-8) The City of Azusa City Council finds that the proposed project would have no impacts related to the creation of a significant hazard to the public or the environment due to a project's location on a hazardous material site. As stated in Section 4.5 Hazards and Hazardous Materials of the Draft EIR, the project site is not listed on the Cortese List, which is maintained by the State of California Environmental Protection Agency(Cal/EPA). The project site is not located within or adjacent to a designated hazardous materials site. Therefore, the proposed project would not create a significant hazard to the public or the environment due to the presence of a hazardous material site. The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to hazardous emissions or the handling of acutely hazardous materials within one-quarter mile of a school. As stated in Section 4.5 Hazards and Hazardous Materials of the Draft EIR, the proposed project consists of a retail development that would not emit hazardous emissions and would handle limited amounts of hazardous materials. Longfellow Elementary School is located approximately 750 feet north of the project site. The project site has been extensively investigated and appropriate clean-up measures to address the possibility of limited soil contamination have been identified. There is contaminated soil containing soluble lead in the southern portion of the project site, which would be classified as hazardous waste once removed from the soil. Soluble lead is dangerous because of its potential to infiltrate water as opposed through the air. The removal of hazardous soil would be limited to activities on or directly adjacent to the project site and would not create a risk at Longfellow Elementary School. In addition, the release of hazardous materials, substances, or wastes is not reasonably anticipated during the operation of the proposed project. As such, no significant exposure of any existing or proposed school within one- quarter mile of the project site is reasonably expected. The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to airport safety. As stated in Section 4.5 Hazards and Hazardous Materials of the Draft EIR, the project site is not within an airport land use plan, or within two miles of an airport or airstrip. Therefore, the proposed project would not result in impacts related to creating a safety hazard for people residing or working in the area. The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to the circulation and accessibility of emergency response vehicles. As stated in Section 4.5 Hazards and Hazardous Materials,the proposed project would not impair or interfere with any emergency response plan or emergency evacuation plan. The City's emergency response needs are served by the Los Angeles County Fire Department. The traffic study prepared by for the proposed project identified two intersections where significant impacts would occur during the PM peak hour. Mitigation Measures TPI through TP2, which would involve the reconfiguration or re-striping of the affected intersections, are Paha 2007-056 8 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations provided and would fully mitigate .project-related traffic intersection impacts. Because less-than- significant traffic impacts after mitigation were identified, emergency response and evacuation plans would not be affected by the proposed project. Implementation of the proposed project would not alter the configuration of, or access to, the major streets and highways in the project area, including designated evacuation routes along Azusa and San Gabriel Avenues. Further, the proposed project design would incorporate applicable, access emergency requirements of the Los Angeles County Fire Department, which are further addressed during the building permit and building fire plan check stages or the project. The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to wildland fires. As stated in Section 4.5 Hazards and Hazardous Materials, the proposed project would not pose a substantial risk of wildfires. The project site is located in an urbanized area comprised of primarily residential and commercial uses. The project site and surrounding uses are not located adjacent to wildlands, which would likely increase fire hazards. The nearest identified wildlands are the San Gabriel Mountains located approximately one mile to the north of the project site. F. Land Use and Planning 1. Division of Established Community and Land Use Compatibility (Draft EIR pp. 4.6-9 to 4.6-10) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to the division of an established community and land use compatibility. As stated in Section 4.6 Land Use and Planning of the Draft EIR, the proposed project would involve the demolition of the existing King Ranch Market, surface parking lot, and other commercial and industrial uses prior to the development of a Target retail store and associated parking. Project site access would be provided from 9t° Street, Azusa Avenue, and San Gabriel Avenue. The proposed project would be located north of the planned Metro Gold Line Foothill Extension station. The proposed second-floor retail sales area would cover most of the project site with the parking area located beneath, on the ground floor. Residential uses are located to the north and west of the project site. Residential uses do not adjoin the project site and are buffered from the project site by local roadways (San Gabriel Avenue and 9th Street). Three-story multi-family residences (condominiums) are located directly north of the project site along 91h Street. The condominiums have side entry from 9h Street, opposite the project site. San Gabriel Avenue is occupied by primarily one-story single-family residences with some multi-family residences adjacent to the Metro Gold Line Foothill Extension right-of-way. Residences in this area include driveways and large trees providing a buffer from adjacent uses. Residential neighborhoods are also located north of 9`h Street and west of San Gabriel Avenue. As previously stated, the proposed project would involve the removal of existing commercial and industrial uses prior to the development of a Target retail store. The project site preparation would not create a permanent barrier. The project site is located on the perimeter of a residential area and would not disrupt or divide an existing community. As the project site is located in downtown Azusa, the area contains a mix of land uses. Various commercial and retail uses are located in the surrounding area along Azusa Avenue and south of the Metro Gold Line Foothill Extension right-of-way in addition to the residential uses previously described. Several institutional uses, including schools, churches, and municipal buildings, are also located in the surrounding area. Several local and regional parks are also located nearby the project site. The proposed project would be compatible with the mix of commercial, residential, and institutional land uses located in the surrounding area. The proposed Target retail store would be developed after the removal of existing commercial and industrial uses and would not interfere with the various residential and commercial uses located in the surrounding area because it would provide a needed retail use in the taha 2007-058 - 9 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations downtown area. A landscaping plan, included as part of the proposed project would provide landscaping along the borders of the project site, buffering adjacent residential uses. 2. Local Land Use Plans and Policies (Draft EER pp.4.6-10 to 4.6-13). The City of Azusa City Council finds that the proposed project would be consistent with the General Plan land use designation and associated policies, and would result in a less than,significant impact. As stated in Section 4.6 Land Use and Planning of the Draft EIR, the project site is located within the City of Azusa's downtown area. The City of Azusa General Plan designates the land use for the project site as Transit Center. This designation includes transit depot, commercial, residential and mixed uses. The proposed project would be located immediately north of a planned Metro Gold Line Foothill Extension station, which would open in 2012. The proposed retail development would be compatible with and allowed by the Transit Center land use designation; therefore, no amendment to the General Plan would be required with the proposed project. The proposed project would be consistent with applicable General Plan land use policies. Specifically, the proposed development would assist in making the City of Azusa a retail destination, encouraging tax- generating uses, and would assist in revitalizing and rebuilding the downtown Azusa area. The proposed project would redevelop an underutilized parcel and foster commercial activity in the DTV zone. The proposed project would be located near a planned Metro Gold Line Foothill Extension station, thereby contributing to the City's transit-oriented development in the downtown area. The reduction of the width of San Gabriel Avenue is consistent with the General Plan. The General Plan, Chapter 3 Built Environment designates San Gabriel Avenue as a collector street with two traffic lanes, two parking lanes, and two sidewalks. With the reduction in width, San Gabriel Avenue would still have at least two traffic lanes, two parking lanes, and two sidewalks. Additionally, the proposed project would be compatible with surrounding land uses and with the land use designation established by the General Plan. The City of Azusa City Council finds that the proposed project would have beneficial impacts on consistency with the Merged Project Area Redevelopment Plan and the goals of the Agency. As stated in Section 4.6 Land Use and Planning of the Draft EIR, the project site is located within the Agency's Merged Project Area. The proposed retail development would be consistent with the goals and objectives of the Merged Project Area Redevelopment Plan. The proposed project would help reverse a trend of declining economic activity and physical decay in the City's commercial areas. Implementation of the proposed project would assist the Agency in its goal to enhance the community's job base and attract new businesses. The proposed project would be a positive investment in an underutilized location in a prime and highly visible parcel located between two major arterial thoroughfares in the City. 3. Regional Plans and Policies (Draft EIR pp. 4.6-13 to 4.6-17) The City of Azusa City Council finds that the proposed project would have no impacts related to consistency with regional plans and policies. As presented in Table 4.6-3 "Comparison of Proposed Project to SCAG Policies" in Section 4.6 Land Use and Planning of the Draft EIR, the proposed project would be consistent with the goals of SCAG's Regional Comprehensive Plan and Guide (RCPG) and RTP. 4. Habitat or Natural Community Conservation Plans (Draft EER pp. 4.6-17) The City of Azusa City Council finds that the proposed project would have no impacts related to consistency with Habitat Conservation or natural Community Conservation Plans. The project site is located in a completely developed area in downtown Azusa. The project site is paved and developed with paha 2007-058 10 _ Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations structures and parking areas. According to the City of Azusa General Plan, the project site is not located within a Habitat Conservation Plan or Natural Community Conservation Plan. G. Noise 1. Construction Noise and Vibration (Draft EER pp. 4.7-8 to 4.7-10) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to construction noise and vibration. As stated in Section 4.7 Noise and Vibration of the Draft EIR, construction activities on the project site would likely increase ambient noise levels in the vicinity on an intermittent; but temporary, basis. Maximum noise may temporarily increase ambient noise levels by as much as 23 decibels. Noise levels during construction would fluctuate depending on the construction phase, equipment type and duration of use, distance between the noise source and receptor, and the presence or absence of barriers between the noise source and receptor. The City of Azusa controls construction noise by limiting the allowable hours for construction activity. This ensures that sensitive receptors are not disturbed by early morning or late night activities. Construction activity would not occur between the hours of 6:00 p.m. and 7:00 a.m., Monday through Saturday, or anytime on Sunday or a national holiday. The use of heavy equipment(e.g., a large bulldozer)generates vibration levels of 0.089 inches per second PPV at a distance of 25 feet. The nearest residential structures to the project site would be approximately 70 feet from the occasional heavy equipment activity and could experience vibration levels of 0.02 inches per second PPV. Vibration levels at these receptors would not exceed the FRA building damage threshold of 0.5 inches per second PPV. 2. Operational Mobile, Parking, and Mechanical Equipment Noise (Draft EIR pp. 4.7-11 to 4.7-13) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to mobile noise. As stated in Section 4.7.Noise and Vibration of the Draft EIR, the highest project-related incremental increase in 2010 mobile noise levels would occur along San Gabriel Avenue between 9`h Street and Foothill Boulevard and would increase noise levels by 0.5 dBA CNEL. The highest project-related incremental increase in 2012 mobile noise levels would be 0.4 dBA CNEL. These incremental increases are less than 3 dBA and are not considered to be discernible. The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to parking lot noise. As stated in Section 4.7 Noise and Vibration of the Draft EIR, the proposed project would provide at-grade parking on the project site beneath the retail sales level. Various noise events, including noise related to automobile movement near driveways, car alarms, car horns, door slams, and tire squeals, may occur within the proposed parking areas. Parking activity would generate a noise level of approximately 59.5 dBA Leq at the nearest sensitive receptor to the project site (i.e., approximately 70 feet to the north). When added to the existing ambient noise level of 62.9 dBA Leq, parking lot activity would result in a new ambient noise level of 64.5 dBA Leq. The 1.6 dBA incremental increase in noise would be less than the 3-dBA threshold and would not be considered to be discernible. The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to mechanical equipment noise. As stated in Section 4.7 Noise and Vibration of the Draft EIR, potential stationary noise sources related to the long-term operation of the proposed project include mechanical equipment (e.g., heating ventilation and air conditioning systems equipment). The proposed mechanical equipment that would be located on the rooftop is expected to generate a noise level of approximately 58 dBA at a distance of 15 feet. The closest sensitive receptors to the project site are caha 2007-056 1 1 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations multi-family residences located approximately 70 feet north of the project site. At a distance of 70 feet, the proposed mechanical equipment would generate a noise level of approximately 44.6 dBA. This noise level would be less than the 50 dBA Laq standard in the City of Azusa Municipal Code(AMC). 3. Operational Vibration (Draft EIR pp. 4.7-13) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to operational vibration and Metro Gold Line Foothill Extension vibration levels. As stated in Section 4.7 Noise and Vibration of the Draft EIR, the proposed project would not include significant stationary sources of ground-borne vibration, such as heavy equipment operations. Operational ground- borne vibration in the project site vicinity would be generated by vehicular traffic. Similar to existing conditions, off-site traffic-related vibration levels would not be perceptible at sensitive receptors. Heavy- duty vehicles do not typically generate perceptible vibration because of rubber tires and suspension systems. Most problems with heavy-duty vehicle vibration are related to a pothole, bump, expansion joint, or other discontinuities in the roadway surface. Assuming that the local roadways are in maintained in good condition, vibration levels associated with heavy-duty truck activity at the loading docks would not be perceptible at sensitive receptors. Metro Gold Line Foothill Extension light rail transit operations would be located adjacent and to the south of the project site. According to the Metro Gold Line Draft Environmental Impact Report, transit operations would generate a vibration level of approximately 83 Vdb at a distance of 50 feet. This would be equivalent to 0.014 inches per second PPV. Vibration levels at the project site would not exceed the FRA building damage threshold of 0.5 inches per second PPV. H. Population,Housing,and Employment 1. Population (Draft EIR pp. 4.8-3) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to population growth or displacement. As stated in Section 4.8 Population, Housing, and Employment of the Draft EIR, the proposed project does not include a housing element and, therefore, would not induce direct substantial population growth in the project site and its vicinity or displace population. The daytime population of the project site and its vicinity, which would include visitors and employees;may increase with the proposed project, but this alone would not translate into the permanent movement of population into this area as the visitors and employment that would be generated would be drawn from the surrounding community. 2. Housing(Draft EIR pp. 4.8-3) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to housing growth or displacement. As stated in Section 4.8 Population, Housing, and Employment of the Draft EIR, the project site is located on commercial parcels, and no housing exists on the project site. The proposed project does not contain a housing element and, therefore, would not generate any new residents and would not stimulate housing growth. Since the project site has no existing housing, it would not displace any housing nor necessitate the construction of replacement housing. 3. Employment(Draft EIR pp. 4.8-4 to 4.8-5) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to SCAG employment growth projections. As stated in Section 4.8 Population, Housing, and Employment of the Draft EIR, the proposed retail development would generate approximately 200 new taha 2007-058 12 - Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations jobs. However, as there are 71 existing jobs at the project site, the net result would bean addition of 129 jobs. The 129 new jobs generated by the proposed project comprise less than one percent of the San Gabriel Valley Cities Council of Government (SGVCCG) subregion SCAG employment growth projections (37,021) and approximately 17 percent of the City of Azusa SCAG employment growth projections (761). The net proposed number of additional jobs generated by the proposed project would not exceed SCAG employment growth projections. As such, the proposed project would not change the SCAG projected jobs-housing ratio for either the City of Azusa or the SGVCCG. The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to consistency with the City of Azusa General Plan Economic Development Element. As stated in Section 4.8 Population, Housing, and Employment of the Draft EIR, the existing project site contains a mixture of commercial and industrial businesses. As previously stated, there are approximately 71 jobs existing on the project site. The proposed project would remove the existing industrial businesses from the project site (10,036 square feet). However, the proposed project would increase the amount of retail space from the existing 37,610 square feet to 168,000 square feet by replacing the existing retail uses with a large retail store. The amount of retail space that would be added (129,390 square feet) would offer more shopping opportunities for the population of the City of Azusa and, therefore, promote economic vitality within the City. The increase in jobs, from 71 to 200, would benefit the residents of the City by providing more jobs in closer proximity to places of residence. The increased amount of retail space is consistent with the goals of the City of Azusa General Plan Economic Development Element. The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to employment displacement. As stated in Section 4.8 Population, Housing, and Employment of the Draft EIR, the proposed project would result in the loss of 71 jobs currently available on the project site. The proposed project would offset this loss by creating jobs during construction, as well as provide 200 permanent jobs. I. Public Services 1. Fire Protection and Emergency Services(Draft EIR pp. 4.8-12 to 4.8-14) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to fire protection and emergency services. As stated in Section 4.8 Public Services of the Draft EIR, the Los Angeles County Fire Department(LACOFD) has determined that fire flow at the project site would be adequate based on project compliance with all applicable fire codes. Development of the proposed project would be required to meet current fire codes regarding building materials, circulation, and access, fire flow requirements, and other aspects that would reduce the incidence of fire, and improve the effectiveness of LACOFD services, including emergency response times. Further, LACOFD has determined that the existing level of fire protection and emergency services is adequate and that the needs of the proposed project would be determined through long-range planning. In addition, the fire flow provisions of the proposed project would be expected to be in compliance with the Azusa Light and Water Departments standards. The analysis presented in the Draft EIR also indicates that project-related traffic would not impair LACOFD emergency response times. 2. Other Public Services The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to other public services. As stated in Section 4.8 Public Services of the Draft EIR, the proposed project would not generate a demand for additional public services in the City. The proposed project does not include a housing component would not increase population and the demand for services. Additional employment provided by the proposed project is not anticipated to indirectly increase population-demand for services as most employees are anticipated to live in Azusa. mha 2007-056 13 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations I. Traffic and Parking 1. Congestion Management Program (Draft EER pp. 4.10-20 to 4.10-21) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to CMP monitoring locations. As stated in Section 4.10 Traffic and Parking of the Draft EIR, the CMP traffic impact analysis guidelines require analyses of all CMP monitoring intersections where a project could add a total of 50 or more trips during either the AM or PM peak hours. Additionally, all freeway segments where a project could add 150 or more trips in either direction during the peak hours must be analyzed. To address the requirements of the CMP, as series of monitoring locations are established throughout Los Angeles County. The nearest CMP arterial monitoring location intersections to the project site are San Gabriel Avenue/Foothill Boulevard, Azusa Avenue/Foothill Boulevard, and Azusa Avenue/Arrow Highway. As discussed in the Draft EIR, the Azusa Avenue/Arrow Highway location would receive less than 50 project-related trips and no CMP analysis is required. The remaining two intersections (San Gabriel Avenue/Foothill Boulevard and Azusa Avenue/Foothill Boulevard) do require CMP analysis. As presented in the Draft EIR, neither location exceeds the traffic volume-to-capacity criteria established by the CMP. The impact analysis used the Los Angeles County CMP threshold of significance, which states that a significant impact occurs when the proposed project increases traffic demand on a CMP facility by 2 percent of capacity (V/C ratio increase of 0.02 or more), causing LOS F (V/C > 1.00). If the facility is already at LOS F, a significant impact occurs when the proposed project increases traffic demand on a CMP facility by 2 percent of capacity (V/C) increase of 0.02 or more). The significance threshold is not exceeded for either intersection. Additionally, the closest CMP freeway monitoring station to the site is I-210 west of I-605. The number of project trips at this location in either peak hour(in either direction) would be 17 trips eastbound 17 trips westbound in the PM peak hour. This location would not exceed the 150 peak hour trip threshold. As there are no CMP freeway monitoring locations where the proposed project would add more than 150 peak hour trips, there would be no required CMP freeway impact analysis. 2. Driveways and Access(Draft EIR pp. 4.10-23) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to driveways and access. As stated in Section 4.10 Traffic and Parking of the Draft EIR, under the proposed project access/egress would be provided via three driveways — one on 91h Street mid-block between Azusa Avenue and San Gabriel Avenue, one on Azusa Avenue, and one on San Gabriel Avenue. All driveways would be two way. Truck access would be provide by an inbound driveway from San Gabriel Avenue and an outbound driveway to Azusa Avenue, both at the southern edge of the project site. The project design does not result in any sight distance hazards at driveway entrances. The driveway level of service conditions are forecast to operate at good levels of service (LOS C or better) except for the driveway at Azusa Avenue in the PM peak hour, where the outbound left turn out would operate at LOS E. 3. Public Transit(Draft EER pp. 4.10-23 to 4.10-24) taha 2007-058 14 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations The City of Azusa City Council finds that the proposed project would have less-than-significant impacts on public transit. As stated in Section 4.10 Traffic and Parking of the Draft EIR, an analysis of potential project impacts on the transit system was performed, per the CMP requirements and guidelines. Estimates of potential transit ridership were made according to the recommended CMP methodology. The proposed project could generate approximately 220 daily transit trips and about 19 transit trips in the PM peak hour. The number of net peak hour trips in the peak direction would be approximately 10 trips in the PM peak hour. The hourly capacity of the transit system serving the project site was estimated at approximately 480 trips per direction. The estimated potential number of transit trips generated by the project in the peak direction in the peak hour would therefore represent about 2.1 percent of total transit capacity. Therefore, the proposed project would not cause the capacity of the transit system to be substantially exceeded. 4. Traffic Hazards(Draft EIR pp. 4.10-24) The City of Azusa City Council finds that the proposed project would have no impacts related to air traffic patterns and less-than-significant impacts on design feature hazards and emergency access. As stated in Section 4.10 Traffic and Parking of the Draft EIR,the project site is not located within an airport land use plan area and does not include any structures that would change air traffic patterns or uses that would generate air traffic. As such, safety risks associated with a change in air traffic patterns would not occur. There are no existing hazardous design features, such as sharp curves or dangerous intersections, associated with the proposed project or within the project site vicinity. The proposed project would not require the creation of any such design hazards or include any uses that are incompatible with normal traffic operations. The project design does not result in any sight distance hazards at driveway entrances. The existing driveways on Azusa Avenue, San Gabriel Avenue, and 91" Street would continue to provide access to the project site. Since the proposed project would not substantially increase hazards or introduce hazardous or incompatible uses, no significant impacts would occur. The proposed project would not involve any activities that would interfere with or create an impediment to the implementation of an emergency response plan. Furthermore, the proposed project would be subject to the site plan review requirements of the City of Azusa Police Department to ensure that all access roads, driveways and parking areas would remain accessible to emergency service vehicles. J. Utilities and Service Systems 1. Storm Water and Drains (Draft EIR pp. 4.11-7 to 4.11-8) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts on storm water and drains. As stated in Section 4.11 Utilities and Service Systems of the Draft EIR, the Standard Urban Storm Water Mitigation Plan (SUSMP) was developed as part of the municipal storm water program to address storm water pollution from new development and redevelopment by the private sector. With over 100,000 square feet of retail development,the proposed project fits SUSMP criteria for adoption and would comply with the SUSMP policies and suggested Best Management Practices (BMPs) to reduce urban runoffs potential to pollute water quality. The proposed project would be constructed on highly developed land and the net increase of impermeable surfaces or urban runoff into the existing drainage system would be minimal. Urban runoff would continue to be collected by the existing storm water collection system. The proposed project would use existing storm water drainage facilities and would not require construction or expansion of new storm tae 2007-058 15 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations water infrastructure. The project site is entirely paved and would not contribute to an increased amount of storm water runoff. 2. Electricity(Draft EIR pp.4.11-9) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to electricity. As stated in Section 4.11 Utilities and Service Systems of the Draft EIR, the proposed project would result in an electricity consumption of 2,276,400 kiloWatt-hours (kWh)per year. In addition, the net proposed project would result in less electricity consumption, at approximately 1,630,797 kWh per year. Currently, the Azusa Light and .Water Department supplies the City with 281,000 MWh of electricity per year. The proposed project would result in an incremental increase in electricity use of less than one percent. The project site is in an urban areawith extensive existing electrical infrastructure. Currently, the existing commercial and industrial uses on the project site using existing infrastructure. No new facilities or expansion of existing facilities related to electrical infrastructure would be required to serve the project site. 3. Natural Gas(Draft EIR pp. 4.11-10) The City of Azusa City Council finds that the proposed project would have less-than-significant impacts related to natural gas. As stated in Section 4.11 Utilities and Service Systems of the Draft EIR, the project site is in an urban area with extensive existing natural gas infrastructure. Currently, the existing commercial and industrial uses on the project site utilize existing infrastructure. The proposed project would consume an estimated 487,200 cubic feet of natural gas per month, which represents less than 0.1 percent of the design capacity for Southern California Gas Company's (SCG's) Southern California service region. Similarly, the net proposed project would consume approximately 349,027 cubic feet of natural gas per month. The existing supply of natural gas would be sufficient to accommodate the demand of the proposed project and no new natural gas facilities would be required. VI. ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT AFTER MITIGATION A. Aesthetics 1. Visual Character a) Significant Environmental Effects As stated in Section 4.1 Aesthetics of the Draft EIR, a potentially significant impact was identified related to the visual consistency of the proposed project with the existing single-family residences. Craftsman- style and other single-family residences reaching one-story or approximately 20 feet in height are located west of the project site along San Gabriel Avenue. Each single-family residence includes an approximately 20-foot landscaped setback or front yard area. Some of the single-family residences are considered to be medium scale as the buildings cover a relatively large amount of their total lot areas. In addition, the proposed project would result in an approximately 20- to 27-foot height difference with the existing single-family residences. The proposed project's visual contrast related to height is less with the multi-family residential buildings due to their increased height. The visual contrast between the proposed project and the existing single-family residences would occur due to the height and massing of the proposed project and the removal of several mature Coast Live Oak trees potentially with smaller Coast Live Oak trees. The proposed landscaped buffer along San Gabriel Avenue, the width of San taha 2007-058 - 16 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Gabriel Avenue, as well as the fact that the existing project site buildings are up to 25 feet in height and abut the western property line, contribute to the visual consistency of the proposed project with the existing neighborhood. b) Mitigation Measures Al The proposed project shall incorporate design features to lessen the visual contrast with existing residences on San Gabriel Avenue. The design features to be implemented include, but are not limited to, varying building height, sloped roof design, and landscaping as approved by the director of the Public Works Department, all of which shall be consistent with the proposed project elevations and perspectives shown in Section 3.0 Project Description, as well as previously in the current section (Section 4.1 Aesthetics). These features shall be coordinated between the project applicant and the City of Azusa during the design review approval process before the Planning Commission and shall provide for a development that is more consistent with the visual character of the neighborhood. C) Findine Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts on visual character. Implementation of Mitigation Measure Al would ensure that the proposed project's potential visual contrast related to scale and massing with the single-family residences located on the west side of San Gabriel Avenue would be less than significant by implementing design features that would result in reduced visual contrast between the proposed project and'the existing single-family residences. The City of Azusa Public Works Department, Planning Commission, and City Council are the appropriate entities that could make an informed and detailed review of consistency with the visual character of the project area. The implementation of design features with the proposed project, in conjunction with the approval and requests of the City of Azusa Public Works Department, Planning Commission, and City Council would reduce the visual contrast between the proposed project and the existing single-family residential neighborhood along San Gabriel Avenue. d) Reference For a complete discussion of the existing visual character of the Target Store Redevelopment Project, see Section 4.1, pp. 4.1-11 to 4.1-16, of the Draft EIR. 2. Light and Glare a) Significant Environmental Effects As stated in Section 4.1 Aesthetics of the Draft EIR,a potentially significant impact was identified related to light and glare. Lighting for the proposed project would be in compliance with local lighting standards, including security, surface parking, and parking structure lighting. With implementation of all applicable local requirements related to exterior lighting, any potential lighting impacts would be reduced to less- than-significant levels. However, to ensure that the proposed project would comply with local lighting standards and that potential impacts would further reduced to less-than-significant levels, a mitigation measure was provided. It is anticipated that exterior building materials, such as concrete and plaster, would be used in the construction of the proposed project. Exterior building materials associated with proposed project would taha 2007-056 17 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations be installed in compliance with all applicable local standards related to the use of non-reflective materials. With implementation of all applicable local requirements related to the use of non-reflective exterior building materials, any potential glare impacts would be reduced to less-than-significant levels. However, to ensure that potential impacts are further reduced to less-than-significant levels, a mitigation measure was recommended, as presented below. b) Mitigation Measures A2 All exterior lighting shall be shielded in a manner to focus illumination onto entrances, the loading dock, the covered surface parking, or onto the building itself and not be directed in a manner to cause spillover lighting on residences located along San Gabriel Avenue and 9'" Street. A3 The determination of exterior building materials to be installed with the proposed project shall be coordinated between the project applicant and the City of Azusa to ensure that light and glare impacts would not occur. The following exterior building materials shall be used with the proposed project: buckskin and prairie clay (or similar colors) paint, plaster, concrete, and all non-reflective windows and other materials, such as clay tile roof, ceramic wall tile, decorative ventilator brick panels,and wall trellises. C) Findin Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to light and glare. After the implementation of Mitigation Measures A2 and A3, along with the proposed project's compliance with applicable local requirements for exterior lighting and building materials, impacts related to spillover lighting and glare would be reduced to less- than-significant levels by shielding and focusing all exterior lighting and installing exterior building materials in coordination with the City. The City of Azusa Planning Commission and City Council are the appropriate entities that could make an informed and detailed review of consistency with the design elements that would create light or glare nuisance in the project area. These decisionmaking bodies are familiar with the types of shielding available to reduce spillover light and the current type of materials utilized for construction a retail commercial development and have urban planning principles that address reduction of glare by choosing adequate architectural textures and materials. The review of the preliminary design of the proposed project would permit the timely opportunity to revise it (should it be necessary)to include glare reduction measures, such as architectural materials and textures. d) Reference For a complete discussion of lighting and glare, see Section 4.1, pp. 4.1-19 of the Draft EIR. B. Air Quality 1. Construction a) Significant Environmental Effects As stated in Section 4.2 Air Quality of the Draft EIR, daily construction regional emissions would not exceed the SCAQMD regional thresholds, and, as such, regional construction emissions would result in a less-than-significant impact. However, the implementation of Mitigation Measures AQI through AQ9, would ensure compliance with SCAQMD Rule 403 related to fugitive dust emissions, daily PM25 and tae 2007-058 18 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations PMio emissions, VOC,NOx, CO, and SOx emissions and further reduce the project's less than significant impact. b) Mitigation Measures AQ1 Water or a stabilizing agent shall be applied to exposed surfaces in sufficient quantity to prevent generation of dust plumes. AQ2 Track-out shall not extend 25 feet or more from an active operation, and track-out shall be removed at the conclusion of each workday. AQ3 A wheel washing system shall be installed and used to remove bulk material from tires and vehicle undercarriages before vehicles exit the project site. AQ4 All haul trucks hauling soil, sand, and other loose materials shall maintain at least six inches of freeboard in accordance with California Vehicle Code Section 23114. AQ5 All haul trucks hauling soil, sand, and other loose materials shall be covered (e.g., with tarps or other enclosures that would reduce fugitive dust emissions). AQ6 Traffic speeds on unpaved roads shall be limited to 15 miles per hour. AQ7 Operations on unpaved surfaces shall be suspended when winds exceed 25 miles per hour. AQ8 Heavy equipment operations shall be suspended during first and second stage smog alerts. AQ9 On-site stock piles of debris, dirt, or rusty materials shall be covered or watered at least twice per day. c) Finding Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to construction air quality emissions. After the implementation of Mitigation Measures AQl through AQ9, fugitive dust emissions would be reduced by approximately 61 percent. Consequently, daily PM2.5 and PMIO emissions would be less than the SCAQMD threshold of 150 pounds per day. Construction emissions of VOC, NOx, CO, and SOx would also be less than the SCAQMD significance thresholds. d) Reference For a complete discussion of air quality construction impacts, see Section 4.2, pp. 4.2-17 to 4.2-19 of the Draft EIR. C. Biological Resources 1. Resident or Migratory Wildlife Species a) Significant Environmental Effects As stated in Section 4.3 Biological Resources of the Draft EIR, the removal and replacement of the Coast Live Oak trees located adjacent to the project site, on the east side of San Gabriel Avenue, would result in tan.2007-058 19 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations a potentially significant impact related to raptor and/or migratory nesting bird that may reside in the existing Coast Live Oak trees. b) Mitigation Measures BR1 If the Coast Live Oak trees along the east side of San Gabriel Avenue are to be removed, prior to construction of the proposed project, the presence of raptor or migratory nesting birds in the trees shall be evaluated. If the presence of raptor or migratory nesting birds is determined, the construction of the proposed project shall avoid removing the identified trees until the young have fledged. c) Finding Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- thah-significant impacts related to resident or migratory wildlife species. After the implementation of Mitigation Measure BRI, potentially significant impacts related to raptor or migratory nesting birds potentially located in the Coast Live Oak trees would be reduced. d) Reference For a complete discussion of impacts to resident or migratory wildlife species, see Section 4.3, pp. 4.3-6 of the Draft EIR. 2. Local Policies and Ordinances a) Significant Environmental Effects As stated in Section 4.3 Biological Resources of the Draft EIR, the removal and replacement of the Coast Live Oak trees located on the east side of San Gabriel Avenue, adjacent to the project site, would result in a potentially significant impact. The proposed project building footprint would span the entire project site and would require the removal of all the existing trees and bushes that currently exist on the project site. The existing protected Coast Live Oak trees located along the east side of San Gabriel Avenue, as well as Coast Live Oak tree located on the project site, would either be removed and replaced in compliance with the City of Azusa Tree Preservation Ordinance. The removal of these Coast Live Oak trees would be necessary due to the placement of the structural footings for the proposed project building. Any-removal or replacement of the existing Coast Live Oak trees would contribute to a change in visual character. In addition, this protected biological resource, which is highly valued by the adjacent residential community, may be removed and replaced by a combination of younger and smaller Coast Live Oak trees along with specimen-sized Coast Live Oak trees, and potentially other species of trees. Although the proposed project would be required to remove and replace the protected Coast Live Oak trees and plant all other landscaping in compliance with the City's Tree Preservation Ordinance, a mitigation measure was provided to ensure that impacts are reduced, b) Mitigation Measures BR2 During the final design phase of the proposed project, and prior to the start of the demolition/construction phase, the project applicant shall submit a final landscape plan to the City of Azusa for approval by the City's Urban Forester and the Director of the Department of Public Works. The final landscape plan shall include provisions to either protect in place the existing Coast Live Oak trees in the parkway or replace them, per the requirements of the City of Azusa Tree Preservation Ordinance, with the condition that any replaced Coast Live Oak tree would attain at least 30-feet in height, along the east side of San Gabriel Avenue within the new taha 2007-058 20 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations parkway, within a 20-year period. The replaced Coast Live Oak trees shall be placed in the appropriate box size to accommodate the ultimate height the tree would reach within a 20-year period. C) Findine Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to local policies and ordinances. After the implementation of Mitigation Measure BR2 potential impacts to the protected Coast Live Oak trees, would be reduced in compliance with the City's Tree Preservation Ordinance by requiring the project applicant to replace the Coast Live Oak trees with new oak trees that would reach maturity in 20 years. d) Reference For a complete discussion of impacts to local policies and ordinances pertaining to biological resources, see Section 4.3, pp. 4.3-6 of the Draft EIR. C. Geology and Hydrology 1. Geologic Materials and Soils a) Significant Environmental Effects Potential for Soil Erosion. As stated in Section 4.4 Geology, Soils, and Seismicity of the Draft EIR, a potentially significant impact was identified related to soil erosion. The project site is located in a flat, highly urbanized area, with an extensive drainage system and impervious surfaces. The project area is not subject to high levels of wind or rain, factors that may contribute to soil erosion. However, a mitigation measure was provided to ensure that impacts are reduced. Loss of Topsoil. As stated in Section 4.4 Geology, Soils, and Seismicity of the Draft EIR, a potentially significant impact was identified related to the loss of topsoil. During construction of the proposed project, the potential exists for the release of fugitive dust, resulting in a small, temporary, loss of topsoil. However, this loss would not be considered substantial with the implementation of BMPs, required as part of the National Pollutant Discharge Elimination System (NPDES) permit and application of SCAQMD Rule 403. A mitigation measure was provided to ensure implementation of BMPs and compliance with applicable regulations. b) Mitigation Measures GSI Best Management Practices (BMPs), required as part of the National Pollutant Discharge Elimination System (NPDES) permit and application of South Coast Air Quality Management District (SCAQMD) Rule 403, shall be implemented for the proposed project to reduce potential soil erosion due to grading and excavation activities. BMPs would comply with applicable UBCs and include, but are not limited to, scheduling excavation and grading activities during dry weather, covering stockpiles of excavated soils with tarps or plastic sheeting, and debris traps on drains. C) Findine Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts on geologic materials and soils related to soil erosion and loss of topsoil. taha 2007-058 21 -- Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Implementation of Mitigation Measure GSl would ensure the reduction of soil erosion and loss of topsoil from grading and excavation associated with the construction of the proposed project by ensuring the implementation of BMPs as required by the NPDES and SCAQMD. d) Reference For a complete discussion of geologic materials and soils, see Section 4.4, pp. 4.4-7 of the Draft EIR. 2. Seismicity a) Significant Environmental Effects As stated in Section 4.4 Geology, Soils, and Seismicity of the Draft EIR, a potentially significant impact was identified related to liquefaction. The project site is within a liquefaction zone and the proposed project could consequently be subject to liquefaction impacts. Groundwater depths near the project site have been found from approximately 50 to 150 feet bgs. The relatively high water table combined with the alluvium soil composition in the area makes the potential for damage caused by liquefaction high. The City of Azusa's General Plan contains implementation programs that would minimize the impacts associated with liquefaction. With the implementation of all applicable building and design specifications, and compliance with applicable building codes and current engineering practices, potential liquefaction impacts would be reduced to less-than-significant levels. However, to ensure that potential impacts are further reduced to less-than-significant levels, an additional mitigation measure was provided. b) Mitigation Measures GS2 A liquefaction assessment shall be preformed by a certified engineering geologist or registered civil engineer, as specified in Division of Mines and Geology's Special Publication 117 Guidelines, and its recommendations shall be incorporated into the foundation design of the proposed project. C) Finding Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts on seismicity related to liquefaction. The proposed project would comply with seismic standards and criteria set forth by the California Building Code and the Structural Engineers Association, reducing impacts related to fault rupture, ground shaking, and liquefaction. After Implementation of Mitigation Measure GS2, liquefaction impacts would be reduced by determining the extent of liquefaction and the potential consequences of depth and lateral extent affecting the proposed project. Liquefaction impacts would be reduced when all requirements of the liquefaction assessment are incorporated into the design foundation element of the proposed project. d) Reference For a complete discussion of impacts to seismicity, see Section 4.4, pp. 4.4-9 of the Draft EIR. D. Hazards and Hazardous Materials 1. Hazardous Wastes and Materials a) Significant Environmental Effects laha 2007-058 22 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Asbestos-Containing Materials and Lead-Based Paint. As stated in Section 4.5 Hazards and Hazardous Materials of the Draft EIR, significant impacts were identified related to asbestos-containing materials (ACMs) and lead-based paints. Given the age of some of the buildings on the project site, it is likely that ACMs and lead-based paint are present on-site. According to the Phase I ESA prepared for the proposed project, the likely presence of ACMs and lead-based paint associated with the existing buildings on the project site may potentially have a significant impact on the redevelopment of the project site. There is a risk of exposure to construction workers, future building occupants, and visitors. Poly-Chlorinated Biphenyl. As stated in Section 4.5 Hazards and Hazardous Materials of the Draft EIR, significant impacts were identified related to poly-chlorinated biphenyl (PCB). Implementation of the proposed project would likely result in the removal of electrical transformers and lighting ballasts that contain PCBs. The removal of PCB-containing equipment may pose a significant impact due to the risk of exposure of construction workers, future building occupants, and visitors in the area. Arsenic. As stated in Section 4.5 Hazards and Hazardous Materials of the Draft EIR, significant impacts were identified related to the contamination of soil with arsenic. According to the Phase 11 Environmental Site Assessments(Phase I1 ESAs)and soil sampling reports, the southwestern, northern, and southeastern portions of the project site contain elevated levels of arsenic. Therefore, a significant impact related to arsenic contamination would occur on the project site without the incorporation of mitigation. Hazardous Wastes and Contamination. As stated in Section 4.5 Hazards and Hazardous Materials of the Draft EIR, potentially significant impacts were identified related diesel hydrocarbons and soluble lead in the southeastern section of the project site. The southeastern portion of the project site contains elevated levels of diesel hydrocarbons, heavy hydrocarbons, lead, and chromium in surface soils. if surface soils are removed for off-site disposal,the soil would be classified as hazardous waste. Therefore, a potentially significant impact related to diesel hydrocarbons and soluble lead in the southeastern section of the project site would occur. b) Mitigation Measures HM1 Consistent with the 1994 Federal Occupational Exposure to Asbestos Standards, a Licensed Asbestos Inspector shall be 'retained to determine the presence of asbestos and asbestos- containing materials (ACMs) within structures to be demolished on the project site. If asbestos is discovered, a Licensed Asbestos Abatement Contractor shall be retained to safely remove all asbestos from the site prior to demolition activities. HM2 For existing structures to be demolished on the project site, lead-based paint testing shall be conducted due to the deteriorating condition of many painted surfaces. All materials identified as containing lead shall be removed by a licensed lead-based paint/materials abatement contractor. HM3 On-site fluorescent light ballasts and electrical transformers that are not marked "No PCBs" shall be removed prior to demolition activities and shall be disposed of by a licensed and certified PCB removal contractor, in accordance with local, State, and federal regulations. HM4 195 tons of contaminated soil in the southeastern portion of the project site containing diesel hydrocarbons, arsenic, and soluble lead shall be removed and disposed of as hazardous waste per the specifications of the LARWQCB or other agencies overseeing the cleanup of the proposed project. Removed soil shall be excavated at a depth of two feet in the southeastern portion of the project site adjacent to contaminated soil samples found at TPH2, TPH3, and SS2 of the 809 North Azusa Avenue Soil Sample Report found in Appendix E. tahe 2007-058 - 23 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Soil removal was calculated as a 50-foot by 25-foot area surrounding the three contaminated soil samples (TPH2,TPH3, and SS2 of the 809 Azusa Soil Sampling Report)at a depth of two feet. Due to the imprecise nature of soil removal, a factor of 150 percent was used for soil estimation as prescribed by SCS Engineers,who administered the soil sampling. HM5 175 tons of contaminated soil in the southwestern and northern portions of the project site containing arsenic shall be disposed of at a permitted landfill per the specifications of the LARWQCB or other agencies overseeing the cleanup of the proposed project. Removed soil shall be excavated at a depth of two feet adjacent to arsenic contaminated soil samples found at KRSS 13 and 14 of the 110-190 East Ninth Street Soil Sample Report and EASS10, EASS15, and EASS23 of the 800-802 North Azusa Avenue Soil Sample Report, both found in Appendix E. Soil removal was calculated as the following four circular areas surrounding the five contaminated soil samples at a depth of two feet: 1. A 15-foot radius circle surrounding KRSS13 and KRSS14 of the 110-190 East Ninth Street Soil Sample Report; 2. A 15-foot radius circle surrounding EASS15 of the 800-802 North Azusa Soil Sampling Report; 3. A 10-foot radius circles containing and EASS10 of the 800-802 North Azusa Soil Sampling Report; and 4. A 10-foot radius circles containing EASS23 of the 800-802 North Azusa Soil Sampling Report. Due to the imprecise nature of soil removal, a factor of 150 percent was used for soil estimation as prescribed by SCS Engineers, who administered the soil sampling. C) Findine Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts on exposure to hazardous materials from construction or operation, as well as exposure to hazardous wastes and contamination from construction or operation. After implementation of Mitigation Measures HM1 through HM3, the prescribed inspections and remediation would be performed and the proposed project would be in compliance with the methods and cleanup levels of the LARWQCB or other selected regulatory agency. Additionally, the completion of various inspections and contaminated soil removal required by Mitigation Measures HM1 through HM5 would remove all hazardous risks from the project site. The building inspections and contaminated soil removal would reduce the potential for persons to be exposed to hazardous substances during proposed project construction and operations. d) Reference For a complete discussion of hazardous waste and materials impacts, see Section 4.5,pp. 4.5-6 to 4.5-7 of the Draft EIR. D. Land Use and Planning 1. Local Land Use Plans and Policies a) Significant Environmental Effects taha 2007-058 24 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Zoning. As stated in Section 4.6 Land Use and Planning of the Draft EIR,due to the proposed height and parking stall size proposed, the proposed project would require the implementation of an overlay zone and a potentially significant impact would result related to consistency with existing zoning. The DTV zone is intended to support retail and office uses among other uses. The DTV zone requires 2.5 parking spaces per 1,000 square feet of development. According to Article 2 of the City of Azusa Development Code, a single use located in the DTV zone is permitted to have a maximum height of three stories or 35 feet. In addition, parking stalls are required to be at least 9 feet by 20 feet in size. The proposed retail building would have a maximum height of 47 feet, however, the Target sign on the east side of-the building facing Azusa Avenue would reach 69 feet in height. The Downtown North Overlay II Zone would allow for a greater maximum height than the DTV zone, a change in building orientation, and a reduced parking stall size at approximately 9 feet by 18 feet. The reduced length of the parking stalls allowed under the overlay zone provides for additional surface area in the proposed ground floor parking area, allowing for more parking spaces to be accommodated in the ground floor parking area. The establishment of the Downtown North Overlay II Zone would require an amendment to the City of Azusa Development Code and to the City of Azusa Zoning Map. The proposed project, prior to the implementation of these Development Code Amendments, would result in a potentially significant impact related to consistency with existing zoning. b) Mitigation Measures LU1 The City of Azusa Development Code shall be amended to include the Downtown North Overlay II Zone. Additionally, the City of Azusa Zoning Map shall be amended to reflect the Downtown North Overlay I1 Zone. The proposed project shall be required to comply with the newly implemented standards of the Downtown North Overlay II Zone, which would allow for a greater maximum height than the DTV zone, a change in building orientation, and a reduced parking stall size. The reduced length of the parking stalls allowed under the overlay zone provides for additional surface area in the proposed ground floor parking area, allowing for more parking spaces to be accommodated in the ground floor parking area. C) Finding Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to local land use plans and policies (City of Azusa Development Code). After the implementation of Mitigation Measure LU1, impacts to local land use plans and policies, specifically the City's Development Code, would be reduced to less-than-significant levels. d) Reference For a complete discussion of impacts to local land use plans and policies, see Section 4.6, pp. 4.6-13 of the Draft EIR. E. Noise and Vibration 1. Operational Noise a) Significant Environmental Effects Loading Dock Noise. As stated in Section 4.7 Noise and Vibration of the Draft EIR, operational loading dock noise from the proposed project would result in a significant impact without implementation of paha 2007-058 25 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations mitigation. Local carrier vehicles, vendor vehicles, and Target distribution center trucks accessing the project site have the potential to increase ambient noise levels on the project site and in its vicinity. Approximately eight to 12 local carrier and vendor trucks, vans, and delivery trucks would access the project site per day. These vehicles would access the proposed loading docks between 8:00 a.m. and noon, Mondays through Fridays. Additionally, approximately eight to 11 distribution trucks would access the project site per week. These trucks would access the proposed loading docks between 4:00 a.m. to 12:00 a.m., Mondays through Sunday. The City of Azusa controls nighttime truck delivery noise by limiting the hours of deliveries to a commercial parcel adjacent to residential uses to between 7:00 a.m. and 7:00 p.m. Target delivery hours would be outside the allowable timeframe stated in the AMC and, as such, loading dock noise would result in a significant impact without implementation of mitigation. b) Mitigation Measures NI The City of Azusa Development Code shall be amended to include the Downtown North Overlay II Zone. The new Overlay Zone shall allow for truck deliveries to occur between the hours of 4:00 a.m. to 12:00 a.m., Mondays through Sunday. C) Finding Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to operational loading dock noise. Implementation of the Downtown North Overlay II Zone would allow for a change in truck delivery hours, which would allow proposed project truck deliveries for a longer duration of the day. d) Reference For a complete discussion of impacts to operational loading dock noise, see Section 4.7, pp. 4.7-12 to 4.7- 13 of the Draft EIR. F. Public Services 1. Police Protection a) Significant Environmental Effects As stated in Section 4.8 Public Services of the Draft EIR, the potential increase in non-emergency calls during the construction of the proposed project would potentially reduce the City of Azusa Police Department's (APD's) ability to provide police services. The proposed project would include security features, such as video surveillance cameras and on-site security,which would potentially reduce the need for police service. However, during the construction of the proposed project,the APD anticipates that the number of non-emergency calls would increase in the short-term due to expected complaints of neighbors regarding construction operations,,increased traffic flow, and commercial use of the alley and side streets. This increase in non-emergency calls would potentially reduce APD's ability to provide police services. b) Mitigation Measures PSI Vandal-resistant lighting systems shall be installed that provide uniform white light that minimizes glare, light pollution, and light trespass, which provide nighttime vision for motorists, taha 2007-058 26 ' Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations pedestrians, homeowners and business people, and enhance police ability for surveillance, patrol and pursuit. PS2 Clear signs shall be posted where parking is limited (e.g., street parking), handicapped parking stalls shall be marked in compliance with California Vehicle Code (CVC) 22511.8, and fire lanes shall be marked in compliance with CVC 22500.1. The property owner shall post signs in compliance with CVC 22658 stating that illegally parked cars shall be towed. PS3 At a minimum, strategically placed surveillance cameras shall be installed at parking garage entrances/exits, entry/exit points of the store, and along the south side of the building (including the loading dock area) that shall be digitally recorded and stored for at least 30 days for investigative purposes. As requested, Target employees shall provide digitally captured video and images to the APD in a timely manner, preferably within 60 minutes of the crime being reported and/or investigated. Warning signs of such recordings shall be conspicuously posted as a crime deterrent. The store shall be equipped with an audible or silent burglary alarm at all entry/exit points and monitored by a reputable alarm company and be in compliance with pertinent requirements-for alarm systems. PS4 All containers in trash enclosure areas shall have a lid, be kept closed, and the containers and/or enclosures shall be lockable to deter illegal.dumping. All planters shall utilize materials and/or finishes on top caps that discourage skateboarding. All landscape material shall not have canopies lower than six feet in height and shrubbery higher than two feet in height to maximize pedestrian visibility. The use of approved graffiti resistant finishes shall be used wherever possible. PS5 Two designated on-street police parking spaces (non-compact) shall be provided near a store entrance for arrest/investigative purposes, and a designated room shall be made available to law enforcement for investigative and custody purposes (e.g. shop lifters and other criminal offenders apprehended by store security/personnel). In addition, Target store private security or other store personnel shall be required to frequently patrol the parking area and monitor video surveillance monitors. C) Findine Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to police protection. After the implementation of Mitigation Measures PSI through PS5, lighting, parking, and security designs provided on the project site would increase security and reduce impacts associated with police protection. The implementation of Mitigation Measures PS1 through PS5 would increase the level of security on the project site and reduce demands on police protection. d) Reference For a complete discussion of impacts to police protection, see Section 4.9, pp. 4.9-8 of the Draft EIR. 2. Public Schools a) Significant Environmental Effects As stated in Section 4.8 Public Services of the Draft EIR, a potentially significant impact would occur related to public schools. Currently, most of the schools within the AVSD are at or near capacity. Senate taha 2007-058 27 Target Store Redevelopment Project Findings of fact and Statement of Overriding Considerations Bill 50 (SB 50), passed in 1998, authorizes school districts to collect impact fees from developers of new residential and commercial/industrial building space. The proposed project would be subject to applicable fees in compliance with SB 50. Therefore, a less-than-significant impact would occur with the payment of applicable school fees identified as mitigation below. b) Mitigation Measures PS6 . The proposed project shall be required to pay school impact fees. C) Findine Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to public schools. After the implementation of Mitigation Measure PS6, impacts associated with public school services would be reduced to less than significant. The payment of school development fees would ensure compliance with SB 50. d) Reference For a complete discussion of impacts to public schools, see Section 4.9, pp. 4.9-89 to 4.9-9 of the Draft EIR. 4. Recreation and Parks a) Significant Environmental Effects As stated in Section 4.8 Public Services of the Draft EIR, a potentially significant impact would occur related to recreation and parks. The proposed commercial project would not result in an additional need for recreation and park space in the City. Further, as part of the permitting process, the payment of park impact fees (in accordance with the most current rate schedule) would be required as part of the proposed project to assist the City in meeting the incremental cost associated with increased park demand. Therefore, a less-than-significant impact would occur for recreation and parks with payment of applicable fees identified as mitigation. b) Mitigation Measures PS7 The proposed project shall pay applicable park impact fees as part of the permitting process. C) Finding Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to recreation and parks. After implementation of Mitigation Measure PS7, impacts associated with recreation and park services would be reduced to less than significant. The payment of applicable park impact fees would assist in supporting the City's efforts in providing more open space and would reduce impacts to parks and recreation.. d) Reference For a complete discussion of impacts to parks and recreation, see Section 4.9, pp. 4.9-9 of the Draft EIR. F. Traffic and Parking tahs 2007-058 28 Target Store Redevelopment Project .Findings of Fact and Statement of Overriding Considerations 1. Intersection Analysis a) Significant Environmental Effects As stated in Section 4.10 Traffic and Parking of the Draft EIR, significant traffic impacts would result at two study intersections in the PM peak hour. In the PM peak hour, all intersections would continue to operate at level of service (LOS) C or better except two intersections. At the intersection of Foothill Boulevard and Azusa Avenue the volume-to-capacity (V/C) ratio would increase from 0.861 (LOS D) to 0.935 (LOS E), and at the intersection of 1" Street and Azusa Avenue the V/C ratio would increase from 0.906 to 0.937 but the level of service would remain at LOS E. b) Mitigation Measures TPI One eastbound left turn lane on Foothill Boulevard shall be added to modify the eastbound approach on Foothill Boulevard to Azusa Avenue from the existing configuration of one left turn lane and two through lanes to two left turn lanes and two through lanes. TP2 One westbound left tum lane on I" Street at Azusa Avenue shall be added. The westbound approach on 1" Street shall be restriped from one left turn lane, one through lane, and one shared through/right turn lane to two left turn lanes, one through lane and one right turn lane. Additionally, the eastbound approach on 1" Street shall be restriped from one left turn lane, one through lane, and one right turn lane to one left turn lane and one shared through/right turn lane. C) Findine Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to intersection level of service. After the implementation of Mitigation Measures TPI and TP2 impacts to intersections would be reduced to less-than-significant levels. The implementation of Mitigation Measures TP1 and TP2 would reduce PM peak hour impacts at the intersection of Foothill Boulevard and Azusa Avenue, and at the intersection of 1" Street and Azusa Avenue. The V/C ratio and LOS at these intersections would be reduced to comply with City of Azusa thresholds. d) Reference For a complete discussion of intersection analysis, see Section 4.10, pp. 4.10-11 to 4.10-20 of the Draft EIR. Mitigation Measures TPI and TP2 were revised in Section 3.0, pp. 3-1 of the Final EIR. 2. Parking a) Significant Environmental Effects As stated in Section 4.10 Traffic and Parking of the Draft EIR, significant impacts were identified for peak month parking conditions. During the weekday of the peak month of the year(December),the peak demand would be 547 spaces or 127 more spaces than the 420 spaces provided on-site. Including the available spaces in the Metro Gold Line Foothill Extension parking lot and other downtown lots, there would be total shortfall for about three hours of the day, of up to about 21 spaces at the peak hour of the day. However, there would be 27 on-street spaces immediately adjacent to the project site, which could eliminate this on-site shortfall. During the weekend, the peak demand would be about 552 spaces or 132 more spaces than the 420 spaces provided on-site. However, there would be 27 on-street spaces located immediately adjacent to the site. tana 2007-058 29 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Therefore, during the peak month, the parking demand on a weekday would exceed the on-site parking supply, and for three hours would slightly exceed the total available spaces in the downtown area (by up to about 21 spaces). The parking analysis considered the likely parking demands for the Target Store and compared these to the overall parking supply in the immediate area of the store, taking into account the efficient sharing of parking resources. The analysis used data from a Target Store in the nearby city of Duarte as being the most representative of local conditions. This was supplemented by local data from parking surveys of parking lots in Downtown Azusa and the nearby Metrolink rail stations. Employee parking could take in the range of 110 to 135 total spaces at peak times. By adopting on off- site employee parking strategy during peak times in December, there would be no parking supply shortfall during weekdays even in this peak month. Such an off-site strategy could identify parking for employees at locations outside the immediate area of the store and provide shuttle bus transportation from the remote location(s) to the Target store. This would be considered a less than significant impact with mitigation incorporation. b) Mitigation Measures TP3 Because some of the parking demand would be met by other nearby parking lots at certain times, signage shall be installed to identify such parking locations. Two types of signage shall be installed. Firstly, appropriate informational signage shall be installed at the four nearby parking lots indicating public parking that is also available for users of the Target Store. Secondly, signage shall be installed in the Target parking lot, close to the main store entrance with a map displaying the locations of the other nearby available public parking lots in the downtown area. TP4 For the peak month of December, an off-site employee parking program shall be implemented. Employee parking shall take in the range of 110 to 135 total parking spaces at peak times. By adopting on off--site employee parking strategy during weekdays and weekends in December, there would be no parking supply shortfall during weekdays or weekends even .in this peak month. Such an off-site strategy shall identify parking for employees at locations outside the immediate area of the store and provide shuttle bus transportation from the remote location(s)to the Target store. C) Findin Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to parking during the peak month. After the implementation of Mitigation Measures TP3 and TP4 parking impacts would be reduced to less-than-significant levels. The implementation of Mitigation Measures TP3 and TP4 would reduce parking and traffic impacts related to the peak month parking conditions. d) Reference For a complete discussion of impacts associated with peak parking, see Section 4.10, pp. 4.10-21 to 4.10- 23 of the Draft EIR. G. Utilities and Service Systems 1. Water Supply wha 2007-058 30 ' Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations a) Significant Environmental Effects As stated in Section 4.11 Utilities and Service Systems of the Draft EIR, potentially significant impacts were identified related to water supply. The water needs of the proposed project would be provided according to the City of Azusa Light and Water Department, which uses SCAG projections. Further, the proposed project is expected to incorporate water conservation guidelines in its design, such as selecting landscape plants that do not require extensive watering. The proposed project would increase the City's water use by approximately 16,128 gallons per day(gpd), which represents less than 0.2 percent of the daily water consumption of the City of Azusa. The proposed project's net water consumption would be approximately 11,554 gpd. The incremental increase in water demand is not expected to result in a need for the Azusa Light and Water Department to expand their existing facilities. The water supply demands of the proposed project are less than one percent of the Metropolitan Water District(MWD) Regional Urban Water Management Plan (UWMP)2010 projects for retail land uses. In addition, the proposed project is consistent with the City of Azusa General Plan and would also not result in a need to increase water supply infrastructure, such as water mains, because the existing water infrastructure is adequate. All water connections to the proposed project would be subject to the approval of Azusa Light and Water Department, who would issue a will-serve letter, indicating the provision of water service to the project site. The proposed project would be required to comply with all applicable local water conservation regulations associated with the City's Stage III water emergency. Although the water supply impacts of the proposed project would not be significant, mitigation measures are recommended to ensure that impacts remain less than significant. b) Mitigation Measures Although water supply impacts associated with the implementation of the proposed project are considered to be less than significant, the following mitigation measures are recommended to further ensure minimal service disruption and water conservation,especially during drought conditions. Ul Precise water system requirements shall be determined during specific project design review. Water design requirements shall be subject to the provisions of site plan review by the City of Azusa. U2 Water conservation measures shall be implemented, including, but not limited to, the installation of low water use toilets/urinals and drought-resistant landscaping, as required by the Metropolitan Water Board and the City of Azusa Municipal Code. c) Finding Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to water supply. Although no significant impacts have been identified related to water supply, after the implementation of Mitigation Measures Ul and U2 the increased water demand from the proposed project would be consistent with existing conservation measures. The measures to ensure reduction in water consumption as listed in Mitigation Measure Ul would ensure that water consumption remains within what the Metropolitan Water Board has projected for the area. The implementation of Mitigation Measures Ul and U2 would reduce the water supply demands of the proposed project and would assist in the City's water conservation efforts during this period of drought. d) Reference taha 2007-058 31 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations For a complete discussion of impacts associated with water supply and regulation, see Section 4.11, pp. 4.11-5 to 4.11-7 of the Draft EIR. 2. Sewage and Wastewater a) Significant Environmental Effects As stated in Section 4.11 Utilities and Service Systems of the Draft EIR, potentially significant impacts were identified related to sewage and wastewater. Wastewater generated by the proposed project would equal an estimated 13,440 gpd, which represents less than 0.2 percent of the remaining design capacity of the San Jose Creek Water Reclamation Plant (WRP). The proposed project's net wastewater generation would be less at approximately 9,628 gpd. Currently, there is a remaining treatment capacity of 10.9 mgd at the San Jose Creek WRP. The proposed project would not require additional wastewater treatment capacity or facilities because the existing system is adequate. Although the wastewater impacts of the proposed project would not be significant, mitigation measures are recommended to ensure that impacts remain less than significant. b) Mitigation Measures Although no significant impacts have been identified related to wastewater, the recommended infrastructure improvement projects identified in the City's Sewer Master Plan, as well as the following recommended mitigation measures, will further ensure adequate wastewater facility capacity. U3 Precise sewer system requirements shall be determined during specific project design review. Sewer design requirements shall be subject to the provisions of site plan review by the City. U4 At the time building permit applications are submitted, the proposed project shall demonstrate, to the satisfaction of the City,on-site measures to reduce wastewater loads. U5 The proposed project shall be reviewed by the City's Engineering Division and the County of Los Angeles Sanitation District to determine the adequacy of the existing trunk sewer capacity. C) Findine Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to sewage and wastewater. Although no significant impacts have been identified related to wastewater, after the implementation of Mitigation Measures U3 through U5 sufficient utility infrastructure would be available for the proposed project at the time of construction. Requiring consultation with the City of Azusa and the County of Los Angeles Sanitation District would ensure that the proposed project would be adequately served by the existing sewage and wastewater infrastructure and capacity. These agencies would be the most experienced in making these types of assessments. e) Reference For a complete discussion of impacts associated with sewage and wastewater treatment, see Section 4,11, pp. 4.11-7 of the Draft EIR. 3. Solid Waste Disposal paha 2007A58 32 f Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations a) Significant Environmental Effects As stated in Section 4.11 Utilities and Service Systems of the Draft EIR, potentially significant impact were identified related to solid waste disposal. Construction of the proposed project would generate waste from demolition activities, materials used to construct buildings, and from construction workers (food waste). Approximately 327 tons of solid waste would be generated during construction of the proposed project. This represents 1.3 tons per day based on the assumption that construction would last for 14 months (420 days divided by 327 tons). The calculated daily construction solid waste generation of 1.3 tons is less than 0.3 percent of the total remaining daily intake of the Puente Hills Landfill (657 tons per day). As such, the calculated daily construction solid waste generation of the proposed project would not be in exceedance of the permitted throughput capacity and daily intake of the Puente Hills Landfill. In addition, the construction of the proposed project would be expected to comply with City recycling programs. Although the solid waste impacts of the proposed project would not be significant, mitigation measures are recommended to ensure that impacts remain less than significant. Operation of the proposed project and the 200 employees on the project site would generate 2,106 pounds of solid waste per day. In 1989, AB 939 was signed into law requiring all local jurisdictions to divert 50 percent of its generated solid waste from landfills. As of 2005, the City of Azusa had a diversion rate of 56 percent. Because the City has already achieved a 56 percent solid waste diversion rate,this percentage was used for this analysis. Currently, the City of Azusa produces 88,915 pounds of solid waste per day with a diversion rate of 56 percent. The Puente Hills Landfill receives an average of 12,543 tons of solid waste per day but is permitted to accept 13,200 tons per day. The solid waste generated by the operation of the proposed project represents approximately 0.3 percent of the remaining 657-ton-per-day capacity of waste into the Puente Hills Landfill. The operation of the net proposed project would generate 3,001 pounds of solid waste per day. Similar to the gross proposed project, the net proposed project would generate approximately 0.2 percent of the remaining 657-ton-per- day solid waste capacity of the Puente Hills Landfill. As such, the solid waste from the proposed project operations would not have a substantial affect on landfill capacity and would not negatively impact the City's compliance with Assembly Bill (AB) 939. Although the solid waste impacts of the proposed project would not be significant, mitigation measures are provided to ensure that impacts remain less than significant. b) Mitigation Measures Although solid waste disposal impacts associated with the implementation of the proposed project are considered to be less than significant, the following mitigation measures are recommended to further ensure that impacts on the local and regional solid waste disposal system are minimized. U6 The demolition contractor for this project shall recycle all materials, to the greatest extent possible, especially all "inert" materials. If any inert materials, such as dirt, rock, concrete or asphalt, require disposal, contractor shall deliver such materials to a reclamation pit such as Cal Mat or Reliance Pit #2. That is, only inert pits or facilities that do not report "tons disposed" through the "Disposal Reporting System" as defined by the California Integrated Waste Management Act of 1989, shall be used for discarding inert materials. The demolition contractor shall report all tons diverted from solid waste landfills by material type to the City of Azusa following demolition, including all metal, inert materials, wood, plastics or other material types. . The demolition contractor shall also report tons disposed in solid waste landfills which could not be safely recycled due to waste composition, material mixture, or economic infeasibility. taha M07-058 33 Target Store Redevelopment Project Findings offact and Statement of Overriding Considerations U7 All construction contractors involved in building activities associated with proposed project shall shall separate and recycle all materials to the greatest extent possible. If any inert materials, such as dirt, rock, concrete or asphalt, require disposal, contractor shall deliver such materials to a reclamation pit such as Cal Mat or Reliance Pit#2. That is, only inert pits or facilities that do not report "tons disposed" through the "Disposal Reporting System" as defined by the California Integrated Waste Management Act of 1989, shall be used for discarding inert materials. All construction contractors shall report all tons diverted ("recycled") from solid waste landfills by material type to the City of Azusa following construction completion, including all metal, inert materials, wood, plastics or other material types. Construction contractors shall also report tons disposed in solid waste landfills which could not be safely recycled due to waste composition, material mixture, or economic infeasibility. U8 Retailers occupying premises of proposed project shall comply with all recycling requirements of . the State of California, including those of the California Integrated Waste Management Act of 1989 and Beverage Container Recycling and Litter Reduction Act of 1986. U9 Retailers occupying premises of proposed project shall comply with all waste recycling programs instituted by the City of Azusa to comply with State law or implement local ordinances. C) Findine Based on the foregoing, the City of Azusa City Council finds that the proposed project would have less- than-significant impacts related to solid waste disposal. Although no significant impacts have been identified related to solid waste disposal, after the implementation of Mitigation Measures U6 through U9 reduced project-related solid waste generation would occur and the proposed project would be consistent with the City of Azusa's 50 percent landfill diversion rate. Implementation of these mitigation measures would also ensure that the proposed project would not exceed the permitted capacity or daily intake of the Puente Hills Landfill and would reduce the amount of solid waste that the proposed project would contribute to local landfills. d) Reference For a complete discussion of impacts associated with solid waste, see Section 4.11, pp. 4.11-8 to 4.11-9 of the Draft EIR. VII. ENVIRONMENTAL IMPACTS FOUND TO BE SIGNIFICANT AND UNAVOIDABLE A. AIR QUALITY 1. Regional Operational Emissions a) Significant Environmental Effects As stated in Section 4.2 Air Quality of the Draft EIR, significant impacts were identified related to regional operational mobile source emissions. Long-term proposed project daily regional operational emissions would be generated by stationary sources (natural gas, consumer products, and landscaping) and mobile sources (motor vehicles). However, motor vehicle trips generated from the proposed project would be the overwhelming predominant source of long-term project operational emissions causing a violation of SCAQMD daily emission thresholds. Operational emissions are anticipated to exceed the SCAQMD thresholds for NOx, and CO. Thus, significant impacts would occur with these pollutants. taha 2007-059 34 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations b) Mitigation Measures Implementation of mitigation measures for mobile source emissions is technically infeasible on a project- specific basis (i.e., emission control devices cannot legally be required to be installed on private vehicles) and no measures can be implemented to mitigate these emissions. c) Finding Based on the foregoing, the City of Azusa City Council finds that the proposed project would have significant and unavoidable impacts related to regional operational mobile source emissions. Significant regional operational air quality impacts would remain for NOx and CO. These impacts are considered significant and unavoidable because no feasible mitigation measures are available that would reduce the amount of vehicle trips associated with the proposed project. In addition, specific economic, legal,social, technological, or other considerations, including considerations identified in Section XI (Statement of Overriding Considerations), make infeasible additional mitigation measures or project alternatives identified in the Draft EIR. e) Reference For a complete discussion of impacts associated with regional operational emissions, see Section 4.2, pp. 4.2-19 of the Draft EIR. VIH. ALTERNATIVES TO THE PROJECT In addition to the proposed project alternatives, the Draft EIR evaluated three alternatives, the No Project alternative, the Reduced Height with Subterranean Parking Alternative, and the Increased Building Articulation/Step Back Alternative. 1. No Project Alternative a) Description of Alternative CEQA requires that environmental evaluations address, for comparative purposes, the No Project Alternative. The project site is currently located within the Downtown-Transit Village zone (DTV zone). The DTV zone is intended for transit-oriented development adjacent to the planned Metro Gold Line Foothill Extension light rail transit (LRT) station. It is also intended to support retail, office, and entertainment uses. Permitted uses in the DTV zone include library, museum, park, playground, studio (art, dance, martial arts), various residential uses.(manager unit, duplex, triplex, fourplex, mixed-use residential), general retail, groceries, neighborhood market, cafe, bank, medical services, office, hotel,and public service facility. Parking requirements for the DTV zone include 2.5 off-street parking spaces per 1,000 square feet of development.A single use located in the DTV zone is permitted to be three stories or include a maximum height of 35 feet. Retail or commercial uses similar to the uses currently located on the project site, as permitted by existing zoning regulations, would be included under the No Project Alternative. Because the No Project Alternative is located in a redevelopment area, it is possible that future improvements to the existing building facades may occur. b) Impact Summary for Alternative As stated in Section 5.0 Project Alternatives of the Draft EIR, under the No Project Alternative, most of the Project-related impacts described throughout the EIR would not occur. The following are the exceptions: land use(local and regional plans and policies); and population, housing, and employment. Inha 2007-058 35 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Land use impacts under the No Project Alternative would be greater than the proposed project because the existing uses on the project site would remain and would not meet the goals and policies of the City of Azusa General Plan and Merged Project Area Redevelopment Plan. The No Project Alternative would not achieve the goals of these plans since the No Project Alternative would not stimulate employment opportunities, increase business opportunities, and encourage development in areas that need redevelopment. Impacts under the No Project Alternative would be greater than the proposed project because the existing uses on the project site would remain and would not stimulate employment opportunities, increase business opportunities, and contribute to the enhancement of the quality of life in the region. Therefore, new impacts would occur. Population, housing and employment impacts under the No Project Alternative would be greater than the proposed project because the existing commercial and industrial uses on the project site would remain on the project site under the No Project Alternative. No housing component would be added to the project site under the No Project Alternative. As such, no population growth would occur. However, the No Project Alternative would not stimulate employment or growth in the area since the project site would remain underutilized. Therefore, new impacts would occur. C) Findina/Rationale Based on the foregoing, the City of Azusa City Council finds that this alternative is infeasible and less desirable than the proposed project and rejects this alternative for the reasons stated above. With this alternative, new environmental impacts projected to occur from development of the proposed project would be avoided. From a strictly environmental standpoint (excluding 'Project objectives), the No Project Alternative is environmentally superior to the proposed project because it generates the least amount of additional trips and creates the least amount of demand for public services. However, it is found pursuant to Public Resources Code 21081 (a)(3), that specific economic, legal, social and technological, or other considerations, including considerations identified in Section XI of these Findings (Statement of Overriding Considerations), make infeasible the No Project Alternative described in the EIR. Furthermore, the No Project Alternative would not meet a single proposed project objective and is also rjected on that basis. Specifically, it would not provide much-needed employment growth for the City of Azusa's DTV zone. Further, unlike the proposed project, the No Project Alternative would not achieve City or City of Azusa Redevelopment Agency's objectives to encourage mixed-use and pedestrian-friendly development in Downtown Azusa and to provide housing and parking for neighborhood serving businesses. Therefore, the City of Azusa City Council finds that this alternative is infeasible and less desirable than the proposed project and rejects this alternative for the reasons stated above. 2. Reduced Height with Subterranean Parking Alternative a) Description of Alternative The Reduced Height with Subterranean Parking Alternative would include a one-story (35 feet tall) retail store with two levels of subterranean parking located on the project site. The retail square footage, number of parking spaces, loading dock configuration, and vehicular access points would be the same as with the proposed project. However, there would be a reduction of storage space, which in the proposed project, would be located above the loading dock area. Two levels of subterranean parking would be provided to accommodate 420 parking spaces, as well as circulation ramps and space. b) Impact Summary for the Reduced Height with Subterranean Parking Alternative Iaha 2007-058 36 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations As stated in Section 5.0 Project Alternatives of the Draft EIR, under the Reduced Height with Subterranean Parking Alternative, most of the project-related impacts described throughout the EIR would be equal or less than the proposed project: The following are the exceptions: geology, soils, and seismicity (geologic materials and soils); hazards and hazardous materials (hazardous wastes and contamination), noise and vibration (construction) and public services, (fire protection). Geologic materials and soils impacts under the Reduced Height with Subterranean Parking Alternative would be greater than the proposed project because this Alternative would result in increased impacts related to the potential loss of topsoil during construction excavation activities for the two levels of subterranean parking. Therefore, additional impacts would occur. Hazardous wastes and contamination impacts under the Reduced Height with Subterranean Parking Alternative would be greater than the proposed project because the southeastern portion of the project site contains elevated levels of diesel hydrocarbons, heavy hydrocarbons, lead, chromium in surface soils(six to 12 inches bgs). This Alternative would result in a significant impact related to soluble lead in the southeastern portion of the project site. The excavation activities required during the construction of the Reduced Height with Subterranean Parking Alternative would potentially expose construction workers to hazardous wastes. Therefore, additional impacts would occur. Construction phase noise impacts under the Reduced Height with Subterranean Parking Alternative would be greater than the proposed project because the highest noise levels are expected to occur during the grading/excavation and finishing phases of construction. This Alternative would include an increased amount of excavation activities during the construction phase due to the two levels of subterranean parking proposed. Therefore, additional impacts would occur. Construction phase vibration impacts under the Reduced Height with Subterranean Parking Alternative would be greater than the proposed project because of the increase in duration and vibration levels during the excavation activities required for the two levels of subterranean parking. Therefore, additional impacts are would occur. Fire protection and emergency services impacts under the Reduced Height with Subterranean Parking Alternative may potentially be greater than the proposed project because this Alternative would require a more comprehensive fire and emergency evacuation response plan as well as fire suppression system because of the two subterranean parking levels. The Reduced Height with Subterranean Parking Alternative would potentially increase calls for fire and emergency services due to additional parking square footage and increased traffic, but would not require additional firefighters. The Reduced Height with Subterranean Parking Alternative would include a similar retail square footage, number of parking spaces, and vehicular access points as the proposed project. Therefore, additional impacts are would occur. C) Finding/Rationale Based on the foregoing, the City of Azusa City Council finds that this alternative is infeasible and less desirable than the proposed project and rejects this alternative for the reasons stated above. The Reduced Height with Subterranean Parking Alternative would lessen the aesthetic impacts of the proposed project; however, additional environmental impacts projected to occur from development of the proposed project would occur within geology, soils, and seismicity (geologic materials and soils); hazards and hazardous materials (hazardous wastes and contamination), noise and vibration (construction), and public services (fire protection). The Reduced Height with Subterranean Parking Alternative would also be less consistent with proposed project objectives due to reduced parking, reduced retail space, and increased amounts of subterranean construction. In addition to the additional environmental impacts created by paha 2007-058 37 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations construction of two levels of subterranean parking, costs would also substantially increase. Therefore,the City of Azusa City Council finds that this alternative is infeasible and less desirable than the proposed project and rejects this alternative for the reasons stated above. 3. Increased Building Articulation/Step Back Alternative a) Description of Alternative The Increased Building Articulation/Step Back Alternative would be similar to the proposed project, except for a reduction in retail square footage, and would be located on the project site. However, this Alternative would include an increased amount of building articulation including the increased use of a sloped roof design on the first level and a second level that is stepped back. The first level of the building would extend to the property line on each side of the project site and would include elements of a sloped roof design on the western side of the building, along San Gabriel Avenue. The second level of the building would be stepped back approximately ten feet from the plane of the western or San Gabriel Avenue property line, thus, resulting in a reduction in retail square footage. The building would also include a ten-foot set back along San Gabriel Avenue. The use of building articulation, first level sloped roof design, second level step back, and building setback with Alternative 3, would be visually consistent with the height and visual character of the one-story single-family residences located on the west side of San Gabriel Avenue. In addition, the existing Coast Live Oak trees located on the east side of San Gabriel Avenue would be preserved because, due to the building setback, the structural footings of the buildings would be placed further from the root structure of the trees. b) Impact Summary for the Increased Building Articulation/Step Back Alternative As stated in Section 5.0 Project Alternatives of the Draft EIR, under the Increased Building Articulation/Step Back Alternative, most of the project-related impacts described throughout the Draft EIR would be equal or less than the proposed project. The exception is traffic and parking (parking). Parking impacts under the Increased Building Articulation/Step Back Alternative would potentially be greater than the proposed project because this Alternative would provide a first level setback and second level step back of the building along San Gabriel Avenue. As such, a reduced number of parking spaces and reduced amount of retail space may result. To provide the adequate amount of parking spaces for this Alternative, an addition level of parking may be required. The additional parking would have to be provided in a subterranean level. Therefore,additional impacts would occur. C) Finding/Rationale Based on the foregoing, the City of Azusa City Council finds that this alternative is infeasible and less desirable than the proposed project and rejects this alternative for the reasons stated above. With this alternative, additional environmental impacts are projected to occur to traffic and parking. The Increased Building Articulation/Step Back Alternative would reduce the aesthetics and potential biological impacts from removal of the Coast Live Oak trees along San Gabriel Avenue. The set backs and step backs under this Alternative would reduce the retail square footage and parking spaces. An additional subterranean parking level may potentially be required, resulting in similar additional impacts as identified under the Reduced Height with Subterranean Parking Alternative. Due to reduced parking supply, reduced retail space, and the potential need for subterranean parking level construction, the Increased Building Articulation/Step Back Alternative would not meet the project objectives. Therefore, the City of Azusa City Council finds that this alternative is infeasible and less desirable than the proposed project and rejects this alternative for the reasons stated above. taha 2007-058 38 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations IX. FINDINGS REGARDING OTHER CEQA CONSIDERATIONS 1. CUMULATIVE IMPACTS In certain instances, a proposed project may have possible environmental effects, which are individually limited, but cumulatively considerable. In accordance with Section 15130 of the CEQA Guidelines, the Draft EIR analyzed the cumulative impacts that could occur with the proposed project. Cumulative impacts, (i.e., two or more individual effects which, when considered together, compound or increase the environmental impact of a proposed project) can result from individually minor but collectively significant projects taking place over a period of time. These cumulative impacts are summarized below. Aesthetics (Draft EIR, Section 4.1, pp. 4.1-24 to 4.1-26). Cumulative impacts assessment related to aesthetics is site-specific. The related projects are not located in close proximity to one another and, as such, would not impact the visual character, scenic views and vistas, scenic resources, light and glare, or shadows of the same neighborhoods or streets. Therefore, no cumulative impacts are anticipated for the related projects. Any potential impacts between the proposed project and nearby single-family residences would be reduced with the implementation of mitigation measures. Therefore, cumulatively considerable impacts related to aesthetics would not occur. Air Quality (Draft EIR, Section 4.2, pp. 4.2-24 to 4.2-25). The SCAQMD's approach for assessing cumulative operational impacts is based on the SCAQMD's AQMP forecasts of attainment of ambient air quality standards in accordance with the requirements of the federal and state CAAs. This forecast also takes into account SCAG's forecasted future regional growth. As such, the analysis of cumulative impacts focuses on determining whether the project is consistent with forecasted future regional growth. If a project is consistent with the regional population, housing and employment growth assumptions upon which the SCAQMD's AQMP is based, then future development would not impede the attainment of ambient air quality standards and a significant cumulative air quality impact would not occur. The proposed project would result in a significant NOx and CO impact during operations. Therefore, the proposed project would result in a regional cumulative operations impact given that the Basin is in nonattainment for ozone and the proposed project would exceed the regional daily emissions threshold for an ozone precursor(NOx). GHG emissions were calculated from mobile sources, natural gas consumption, and electricity generation. The proposed project would result in net carbon equivalent emissions of 12,173 metric tonnes per year. This would represent approximately 0.03 percent of State GHG emissions. Worldwide population growth and the consequent use of energy is the primary reason for GHG emission increases. The market demand for goods and services and the use of land is directly linked to population changes and economic development trends within large geographies (e.g., regional, Statewide, national, and worldwide). Individual site-specific projects have a negligible effect on these macro population-driven and growth demand factors. Whether an individual site-specific project is constructed or not has little effect on GHG emissions. This.is because the demand for goods and services in question would be provided in some other location to satisfy the demands of a growing population if not provided on the project site. The only exception to this basic relationship between population growth, development, energy consumption and GHG emissions would occur if the site-specific project (1) embodied features that were not typical of urban environment or developing communities, and (2) generated a disproportionate amount of vehicle miles of travel or had other unique and disproportionately high fuel consumption characteristics. The proposed project does not fall within these exceptions. It is a typical infill development project located in an urban area. As such, the proposed project would have a negligible effect on any increase in regional and national GHG emissions. taba 2007-058 - 39 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Biological Resources (Draft EIR, Section 4.3, pp. 4.3-9 to 4.3-10). Several of the 15 related projects are located in the vicinity of the San Gabriel Mountains and Angeles National Forest located north of the project area. However, there is not a high concentration of related projects located near these natural areas that may potentially contain sensitive species. The related projects would not likely have a cumulative impact on sensitive species, riparian habitats and other sensitive natural communities, wetlands, resident or migratory wildlife species, local policies and ordinances, or conservation plans. Potentially significant impacts from resident or migratory wildlife species and local policies and ordinances from the proposed project would be reduced to less-than-significant levels with the implementation of mitigation measures. Therefore, the proposed project would not result in a cumulatively considerable impact on biological resources. , Geology, Soils, and Seismicity(Draft EIR, Section 4.4, pp. 4.4-9). Geologic, soil, and seismic hazards are site-specific, and there is little, if any, cumulative geological relationship between the proposed project and the 15 related projects in the area. Geologic impacts typically would be the result of the environment's effect on the related projects, not the related project's effect on the environment. The related projects would not create earthquakes, but the related projects would be exposed to the risk of earthquakes. Therefore, the combination of related projects would not contribute cumulatively to additional risk of an earthquake. Similarly, a proposed project's contribution to soil erosion or loss of topsoil would be site-specific,and also not cumulative. Nevertheless, cumulative development in the area would increase the overall residential and 24-hour population, thus, increasing the risk of exposure to seismically-induced hazards. However, with adherence to applicable State and federal regulations, building codes, and sound engineering practices, geologic hazards would be reduced to less-than- significant levels. The analysis of the proposed project's geology and soils impacts concluded that, through the implementation of the recommended mitigation measures, the proposed project's impacts would be reduced to less-than-significant levels. Therefore, the proposed project would not result in a considerable cumulative contribution to any potential impacts, and cumulative geologic, soil, and seismic impacts would be less than significant. Hazards and Hazardous Materials (Draft EER, Section 4.5, pp. 4.5-10). Any potentially significant impacts of the 15 related projects associated with subsidence or methane gas, or the release, transport, and disposal of hazardous materials, particularly during the construction phase, would be assessed on a project-by project basis. The removal of hazardous materials would be regulated for all the related projects. Because of the site-specific nature of hazardous impacts, a cumulative impact would not result unless all of the related projects were in close proximity (one-quarter-mile) of each other. No more than three of the 15 related projects are within one-quarter mile of each other. Hazardous impacts, such as soil contamination are typically acute and limited in their potential to affect areas other than those immediately adjacent. In addition, none of the related projects involve industrial land uses, which are associated with hazardous substances. Only four of the related projects involve retail uses. The 15 related projects are not located within any airport land use plan or within two miles of an airport or private airstrip. These related projects are not susceptible to danger from wildfires since these projects are located in a relatively urbanized section of Los Angeles County that does not include wildlands, high fire hazard terrain, or vegetation. The proposed project would result in a less-than-significant impact related to hazards and hazardous materials with mitigation incorporated and would not result in a considerable cumulative contribution. Therefore,no cumulative impacts would occur. Land Use and Planning (Draft EIR, Section 4.6, pp. 4.6-18). The 15 related projects are not of a scale to physically divide an established community. Development of the related projects would contribute to the infill of underutilized parcels within the Cities of Azusa, Glendora, and Covina. The proposed project taha 2007-058 40 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations would not physically divide an established community and would not result in a considerable cumulative contribution. In addition, a variety of land uses are proposed with the related projects, including single- and multi- family residential, school facilities, and retail buildings. Each of the related projects would have individual design features that would need to be evaluated separately for potential land use compatibility impacts and compliance with applicable local land use plans and policies. Based on the differences in locations and land uses of the related projects, there would be no cumulative impact for the related projects. The proposed project would also be consistent with applicable local land uses plans and policies and would not result in a considerable cumulative contribution. Therefore, a less-than-significant cumulative impact would occur. A majority of the related projects are subject to the planning guidelines and restrictions as established by the General Plan and Development or Zoning Codes of the Cities of Azusa, Glendora, and Covina. All of the related projects, as well as the proposed project, are located within the planning area of SCAG, which is the regional planning organization. The proposed project is located within the South Coast Air Basin and as such is within jurisdiction of the South Coast Air Quality Management District (SCAQMD). Based on information available regarding the related projects, it is reasonable to assume that the related projects would implement and support regional planning goals and policies. The proposed project would support regional planning goals and policies and would not result in a considerable cumulative contribution. Thus, cumulative impacts are considered less than significant. The 15 related projects include developments proposed within the Cities of Azusa, Glendora, and Covina. Therefore, some of the related projects may be subject to an adopted habitat conservation plan, natural community conservation plan, or other similar plan. Based on the dispersed location of the related projects, any of the related projects subject to an adopted habitat conservation plan, natural community plan, or other similar plan would be isolated and site-specific and would not result in a cumulative impact. As previously stated, the project site is not located within or subject to a Biological Resource Overlay Zone or an adopted habitat conservation plan. Thus, the proposed project would not result in a considerable cumulative contribution related to compliance with adopted habitat conservation or natural community conservation plans. Therefore, cumulative impacts are considered less than significant. Noise and Vibration (Draft E11R, Section 4.7, pp. 4.7-14). When calculating future traffic impacts, the traffic consultant took 15 additional projects into consideration. The traffic consultant also applied an ambient traffic growth rate of one percent per year when estimating traffic conditions in 2010 and 2012. Related projects would result in a maximum cumulative roadway noise increase of 2.1 dBA CNEL (Azusa Avenue between Foothill Boulevard and 56 Street). Mobile noise levels associated with related projects would be less than the 3-dBA perceptibility threshold. The maximum cumulative roadway noise increase would be would be 2.5 dBA CNEL and would occur along Azusa Avenue between Foothill Boulevard and 5" Street. As such, cumulative roadway noise levels would not exceed the 3-dBA threshold increment and would not result in a perceptible change in noise level. Therefore, the proposed project would not result in a cumulatively considerable impact with respect to roadway noise. The predominant vibration source near the project site is heavy trucks traveling on the local roadways. Heavy-duty vehicles do not typically generate perceptible vibration because of rubber tires and suspension systems. Most problems with heavy-duty vehicle vibration are related to a pothole, bump, expansion joint, or other discontinuities in the roadway surface. Neither the proposed project nor the related projects would substantially increase heavy-duty vehicle traffic near the project site or cause a substantial increase in heavy-duty trucks on local roadways. Assuming that the local roadways are maintained in good condition, cumulative vibration levels would not be perceptible at sensitive receptors. As such, the proposed project would not result in a cumulatively considerable vibration impact. taha 206-058 41 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Population, Housing, and Employment (Draft EM Section 4.8, pp. 4.8-5 to 4.8-6). There are 15 related projects in the vicinity of the project site. Of these, 13 are anticipated to include new housing, which would generate population or housing growth. However, the proposed project does not have a housing component and, therefore, would not generate population growth. As such, the proposed project would not contribute to a cumulative population growth in the SGVCCG subregion or in the City of Azusa. Therefore, no cumulative impacts associated with population growth, housing, or displacement would occur with the proposed project. The proposed project and the related projects would displace approximately 101 jobs. However, they would also generate approximately 1,706 new jobs. For the proposed project, a number of the businesses, including the industrial businesses, that are being displaced have already relocated or are in the process of relocation. Thus, the actual employment displacement may potentially be less than anticipated. Relocation information is not available for the related projects, but it is reasonable to assume that there would be similar opportunities to relocate existing businesses. Nevertheless, more employment opportunities would become available than jobs displaced as a result of implementation of the proposed project. Therefore, less-than-significant cumulative impacts associated with employment displacement would occur. Public Services (Draft EIR, Section 4, pp. 4.1-24 to 4.1-26). There is a potential for all of the 15 related projects to generate an increased need for fire protection and emergency services. The 15 related projects include developments proposed within the Cities of Azusa, Glendora, and Covina. Three of the nearest related projects are also retail developments within one-half mile of the proposed project. These projects would be required to comply with all applicable laws, ordinances, and development codes related to fire protection and emergency services. The 15 related projects would require fire protection and emergency services from the LACOFD. The LACOFD has nine fire stations within an approximately 20- square-mile area surrounding the related projects. In addition, a majority of the related projects are being developed over similar existing uses which already receive fire protection and emergency services. The two Monrovia Nursery housing projects would be built on undeveloped land, but are the only projects that would have Fire Station 97 as the first responder. The Monrovia Nursery housing projects are paying for the relocation and expansion of Fire Station 97 to increase fire services for the area. In addition, it is anticipated that with the addition of developer fees paid by the other related projects, existing fire services from the other fire stations would also be adequate. Therefore a less-than-significant cumulative impact would occur. The proposed project would not require the need for additional fire protection and emergency services, and would result in a less-than-significant impact related to fire protection and emergency services. Therefore, the proposed project would not have a considerable cumulative contribution related to fire protection and emergency services. Eleven of the 15 related projects are located within the jurisdiction of the APD. Two related projects are under the jurisdiction of the Glendora Police Department and two related projects are under the jurisdiction of the Covina Police Department. These projects would be required to comply with all applicable laws, ordinances, and development codes related to fire protection and emergency services. A majority of the related projects are being developed over similar existing uses which already receive police protection. It is anticipated that with the addition of developer fees paid by the related projects, existing police services would be adequate. Therefore a less-than-significant cumulative impact would occur. Mfia 2007-058 42 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations As discussed, the proposed project, with implementation of mitigation measures, would have a less-than- significant impact on police services. Therefore, the proposed project would not result in a considerable cumulative contribution on police services in association with the related projects. Eleven of the related projects are within the City of Azusa,nine of which will add 1,999 dwelling units to the area. This will increase the residential population and the demand for schools, childcare facilities,and . parks and recreational facilities. Using the highest student generation factors per type of residential use (i.e., single-family, townhouse/condominium, and rented multi-family) for elementary, middle, and high schools, it was determined that a maximum of 2,686 new students would be generated by these new residential projects. This would include a maximum of 1,342 elementary, 672 middle, and 672 high school students. Schools in the Azusa Unified School District are already operating over capacity. It is anticipated that all other related projects would also pay developer fees as required by SB 50. These fees would reduce the overcrowding within the Azusa school system, however, a cumulative impact would occur.. The proposed project would not include a residential component, and therefore, would not directly contribute to new student generation. The proposed project would generate a net increase of 129 employees, many of which are anticipated to be residents of the community. Therefore, the proposed project is not anticipated to contribute additional students from indirect population growth from project employment. Therefore, the proposed project would not have a considerable cumulative impact on schools. There are 11 related projects within the City of Azusa, nine of which will add 2,487 dwelling units to the area. This will increase the residential population and the demand for schools, childcare facilities, and parks and recreational facilities. At least two of the 15 related projects would add parks or other open space. The City would still have a shortage of parkland based on guidelines established by the City of Azusa Master Plan. Developer fees would be required by the related projects to mitigate this shortage to a less-than-significant level. Therefore, cumulative impacts would not occur related to recreation and parks. The proposed project would have less-than-significant cumulative impacts on parks, as it does not include a residential component and would not directly contribute to population growth. The proposed project would generate a net increase of 129 employees, many of which are anticipated to be residents of the community. Therefore, the proposed project is not anticipated to contribute additional .demand on recreation and park services from indirect population growth from project Cumulatively, the proposed project would have less-than-significant impacts related to recreation and parks. There are 1 1 related projects within the City of Azusa, nine of which will add 1,999 dwelling units to the area. This will increase the residential population and the demand for schools, childcare facilities, parks and recreational facilities, and other public services. Specifically, regarding library services, the City would have a shortage based on results of the Azusa General Plan. Developer fees are not distributed to libraries and, as a result, a potentially significant cumulative impact related to library services is anticipated for the related projects. The proposed project would have a less-than-significant cumulative impact on other public services, as it does not include a residential component and would not directly contribute to population growth. The proposed project would generate a net increase of 129 employees, many of which are anticipated to be residents of the community. Therefore, the proposed project would not contribute a considerable additional demand for other public services from indirect population growth from project. taha 2007-058 43 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations Traffic and Transportation (Draft EIR, Section 4.10, pp. 4.10-26 to 4.1-30). Future cumulative conditions(without the proposed project)would result in the majority of intersections operating at LOS C or better in both the AM and PM peak hours. During the AM peak hour, all the intersections would operate at LOS C or better, except for the intersection of I" Street&Azusa Avenue,which would operate at LOS D. During the PM peak hour, all studied intersections would operate at LOS C or better, except for the intersection of Azusa Avenue & Foothill Boulevard which would operate at LOS D, and the intersection of I" Street & Azusa Avenue which will operate at LOS E. This would not result in a cumulative impact. The addition of project traffic would not cause LOS to change at any of the intersections during the AM peak hour. The only changes resulting from the addition of project traffic would occur during the PM peak hour when the Foothill Boulevard/Azusa Avenue intersection would change from LOS D to E. The V/C ratio at the 1st Street/Azusa Avenue would increase slightly but would remain operating at LOS E. This change in V/C would be 0.031, higher than the 0.020 change in V/C criteria used by the City of Azusa uses to identify a significant impact. As such, a significant impact would result at the Foothill Boulevard/Azusa Avenue and 1st Street/Azusa Avenue intersections. Therefore, this may result in a cumulatively considerable impact. However, similar to the project-specific impact detailed above, the City of Azusa City Council finds that implementation of the aforementioned mitigation measures TPI and TP2 would reduce restore these intersections to acceptable LOS and thus result in a less than significant cumulative impact. The planned Metro Gold Line Foothill Extension light rail line, which would be located immediately south of the project site, is planned to commence operations in 2012,two years after the proposed project would be in operation. An EIR/EIS was prepared in 2005 (Final Environmental Impact Statement/Final Environmental Impact Repot, Metro Gold Line Foothill Extension Construction Authority) analyzing environmental impacts resulting from the extension of the rail line. Mitigation measures included in this report were assumed in the traffic analysis prepared for the proposed project. Traffic conditions with both the proposed Target Store and the Metro Gold Line for the year 2012 were evaluated. Traffic forecasts were prepared and analyzed for 2012 Without the Target Project, as well as With the Target Project. These results are very similar to the earlier 2010 analysis. In general, the volume/capacity ratios are slightly higher (due to higher traffic volumes), and the level of service would be unchanged at most all intersections from the 2010 conditions. While the level of service would worsen slightly at three intersections,they would all remain at LOS D or better. The number and location of significant traffic impacts due to the proposed project would be the same as identified for year 2010, i.e. significant impacts in the PM peak hour at the intersections of Foothill Boulevard and Azusa Avenue and V Street and Azusa Avenue. The level of service would still be LOS E at these two locations. Although, no additional traffic impacts would be caused by the proposed project in 2012 with the Metro Gold Line Extension in operation, due to the proximity of the proposed project to the Metro Gold Line Extension, cumulative impacts may occur. An analysis of traffic queues was also conducted for the planned Metro Gold Line Extension. For Azusa Avenue, the nearest intersection is Azusa Avenue and Foothill Boulevard, while for San Gabriel Avenue the nearest intersection is Ninth Street. The estimated queues were compared to the available storage. In all cases, the queues would be substantially less than the available storage capacity, indicating that at- grade operations would be feasible both without and with the Target Store. No cumulative impacts related to traffic queues would occur. taha 2007-058 - 44 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations An evaluation of street grade crossings at San Gabriel Avenue and Azusa Avenue, adjacent to the project site concluded that there would be no significant impacts at these grade crossings and that at-grade light rail transit operations would be feasible. Therefore, no cumulative impacts would occur. The related projects are not located in close proximity to each other. The proximity of each project to a designated CMP monitoring intersection would be assessed on a project-by-project basis. The proposed project would not result in impacts to CMP monitoring intersections in the project area. Therefore, the proposed project would not result in a cumulatively considerable impact. The parking analysis prepared for the project site identified a large supply of parking in the downtown area in close proximity to the project site that is not fully utilized. Additionally, there is significant potential for an effective sharing of parking resources in the Downtown area as anticipated by the City of Azusa's General Plan policies. The proposed project supply of 420 spaces would provide sufficient on-site parking to meet the official City Code requirements. An overall adequate parking supply for both the weekday and the weekend would be available. However, during the peak month of December, the parking demand on both weekdays and weekends would exceed the on-site parking supply. Four nearby municipal parking lots in addition to a proposed Metro Gold Line parking lot (280 spaces) could help alleviate parking demand during the month of December. Additionally, an off-site employee parking program could be effective during the peak month. This would not contribute to a cumulatively considerable condition related to parking. Under the proposed project, the driveways are forecast to operate at good levels of service (LOS C or better) except for the driveway at Azusa Avenue in the PM peak hour, where the outbound left tum out would operate at LOS E. However,the outbound volume would be only 82 vehicles in the PM peak hour so few cars would be affected and minimal traffic queues would occur for exiting vehicles. This would not contribute to a cumulatively considerable condition related to driveways and access. As discussed earlier in the section, the estimated potential number of transit trips generated by the project in the peak direction in the peak hour would represent approximately 2.1 percent of total transit capacity. This would represent a very small proportion of the overall transit system capacity. Therefore, the proposed project would not cause the capacity of the transit system to be substantially exceeded. This would not contribute to a cumulatively considerable condition. The 15 related projects identified in the proposed project traffic study are not located in close proximity to one another. Each project would be required to implement mitigation measures for any potential traffic hazards. Therefore, cumulative traffic hazard impacts would not result. As previously discussed, the proposed project would result in less-than-significant impacts related to various traffic hazards. Therefore, the proposed project would not result in a cumulatively considerable condition. Utilities and Service Systems (Draft EIR, Section 4.11, pp. 4.11-12 to 4.11-14). Two of the individual related projects would likely require a water needs assessment. The 15 related projects would cumulatively contribute to the infilling and development of underutilized parcels of the surrounding area. The number of persons, housing, and employment added would be consistent with SCAG projections. In addition, the related projects would be required to comply with all local regulations associated with the water drought in the area. As such, the planning of water needs is based on SCAG projections. However, the related projects are not located in close proximity to one another and no significant cumulative impacts are anticipated. The proposed project does not include a housing component and would not create high demand on the existing water supply in the project area. Therefore, the proposed project would not result in a cumulatively considerable impact related to water supply. Wha 2007-058 45 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations WRP or JWPCP would service the 15 related projects. The total amount of wastewater generated by the related projects and the proposed project (579,251 gpd) is 0.6 percent of the remaining 100 mgd capacity of wastewater treatment at WRP and 0.2 percent of JWPCP's 350 mgd wastewater treatment capacity. The related projects are not anticipated to require additional wastewater infrastructure to be constructed because the related projects are not located within a close proximity to each other. Although, the cumulative growth of the region may potentially result in the utilization of all of the local wastewater treatment plants remaining capacities. The proposed project would result in a less-than-significant impact related to wastewater treatment infrastructure after the implementation of mitigation measures. Therefore, the proposed project would not result in a cumulatively considerable impact related to wastewater treatment infrastructure. The landfills that currently serve the project area would be adequate for the solid waste generated by the construction and operational phases of the 15 related projects and the proposed project. As discussed,the City of Azusa has a current landfill diversion rate of 56 percent. It is anticipated that the same percentage of refuse diversion would apply to all related projects within the City of Azusa. The related projects located in the Cities of Glendora and Covina would also have to divert at least 50 percent of refuse from landfills based on AB 939. The related projects would likely utilize the Puente Hills Landfill, which has a remaining 657-ton-per-day solid waste capacity. In addition, other area landfills are operational. With compliance with these standards and the implementation of mitigation measures, the related projects would have less-than-significant cumulative impacts on solid waste generation. The proposed project would have less-than-significant impacts related to solid waste disposal after the implementation of mitigation measures. Therefore, the proposed project would not result in a cumulatively considerable impact related to solid waste disposal. Demands on the existing storm drain system located in the Cities of Azusa, Glendora, and Covina would not change substantially with the implementation of the related projects. A majority of the related projects are located in developed and paved areas and would not result in increased demands on the existing storm drain system beyond existing conditions. The proposed project would be constructed on developed land and the net increase of impermeable surfaces or urban runoff into the existing drainage system, during operations, would be minimal to zero. Urban runoff would continue to be collected by the existing storm water collection system. The proposed project would result in less than significant impacts associated with storm water and drains. Therefore, the proposed project would not result -in a' cumulatively considerable impact related to storm water and drains. The proposed project and the 15 related projects would increase demand on electricity and associated infrastructure in the project area. The 15 related.projects would be served by SCG. All of the related projects would be required to comply with Title 24 of the CCR, which establishes energy conservation standards for new construction. It is anticipated that construction of the 15 related projects would also result in temporary electricity consumption that would not be significant when compared to operational electricity consumption. The proposed project would result in less than significant impacts associated with electricity consumption. Therefore, the proposed project would not result in a cumulatively considerable impact related to electricity consumption. The proposed project and the related projects would increase demand on natural gas and related natural gas infrastructure. As previously mentioned, the natural gas supply available to SCG from California sources is approximately 310 million cubic feet per day. All of the related projects would be required to comply with any applicable natural gas conservation regulations. The related projects would utilize existing natural gas infrastructure in developed areas and would not result in significant cumulative impacts. The proposed project would result in less than significant impacts associated with the taha 2007-058 46 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations consumption of natural gas. Therefore, the proposed project would not result in a cumulatively considerable impact related to natural gas consumption. 2. GROWTH INDUCING IMPACTS (Draft EIR,Section 6, pg. 6-1) Section 15126.2(d) of the CEQA Guidelines states that the assessment of growth-inducing impacts in the EIR must describe the "ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment." The project site is within a redevelopment area, which seeks to attract private investment into an economically depressed community. The proposed project would not induce growth, but would seek to stimulate the economy of downtown Azusa. The proposed project would bring growth to the area by providing 129 net new jobs. The new jobs would be available to the local community and the project applicant would be encouraged to hire locally. With the addition of jobs, the proposed project would foster economic growth in the project area. The proposed project would.not create more jobs than the adopted Southern California Association of Government (SCAG) forecast for the Sail Gabriel Valley Cities Council of Government (SGVCCG) Subregion. The new jobs and retail use would help to revitalize the downtown Azusa area. Thus, the proposed project would meet the goals of the Merged Project Area Redevelopment Plan by stimulating economic growth in the area. The proposed project does not include the construction of housing. In addition, the operation of the proposed project is not expected to induce population growth in the project area because similar uses currently exist on the project site. Therefore, the proposed project would not increase population growth either directly or indirectly. 3. IRREVERSIBLE ADVERSE ENVIRONMENTAL CHANGES (Draft EIR, Section 6, pp. 6-1) Irreversible environmental changes are not anticipated for the proposed project. Construction and operation of the proposed project would rely upon the use of nonrenewable resources but not at levels that would be considered out of context with urban development. Use of fossil fuel derived energy sources, such as gasoline, diesel fuel, electricity, and natural gas, would be necessary for transport of workers and materials during construction and provision of electricity, natural gas, and fuel for vehicles during the life of the proposed project. Although fossil fuel consumption would constitute the depletion of a resource that is irretrievable and irreversible, the amount of resources consumed would not be of an extraordinary nature in a regional context. X. OTHER CEQA CONSIDERATIONS 1. The City of Azusa City Council certifies that the EIR was prepared in compliance with CEQA and the CEQA Guidelines (Pub Resources Code § 21000 et seq.; 14 Cal. Code Regs. § 15000 et seq.). The City of Azusa City Council further certifies that the EIR has been presented to the City of Azusa City Council, which has reviewed and considered the EIR prior to approving the proposed project, and certifies that the EIR reflects its independent judgment and analysis. 2. The City of Azusa City Council finds that the EIR provides objective information to assist the decision-makers and the public at large in their consideration of the environmental consequences of the project. The public review period provided all interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit comments regarding the Draft EIR. The Final EIR was prepared after the review period and responds to comments made during the public review period. wha 2007-058 47 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations 3. The City of Azusa staff evaluated comments on environmental issues received from persons who reviewed the Draft EIR. In accordance with CEQA, the City of Azusa staff prepared written responses describing the disposition of significant environmental issues raised. The Final EIR provides adequate, good faith and reasoned responses to the comments. The City of Azusa City Council has reviewed the comments received and responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information regarding environmental impacts to the Draft EIR. The City of Azusa City Council has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these findings, concerning the environmental impacts identified and analyzed in the EIR. 4. The EIR evaluated the following environmental potential project and cumulative impacts: Aesthetics; Air Quality; Biological Resources; Geology, Soils and Seismicity, Hazards and Hazardous Materials; Land Use and Planning; Noise and Vibration; Population, Housing, and Employment; Public Services; Traffic and Parking; and Utilities and Service Systems. Additionally, the EIR considered the Growth Inducing Impacts of the Project. The significant environmental impacts of the project and the alternatives were identified in the text and summary of the EIR. 5. While experts may disagree pursuant to CEQA Guidelines section 15151, substantial evidence in the record supports the City of Azusa's conclusions in the EIR, including but not limited to the areas of Air Quality,Cultural Resources,Noise, Transportation and Traffic. 6. The mitigation measures which have been identified for the proposed project were identified in the text and summary of the EIR. The final mitigation measures are described in the Mitigation Monitoring and Reporting Program ("MMRP") (Attachment A). Each of the mitigation measures identified in the MMRP, and contained in the Final EIR, is incorporated into the proposed project. The City of Azusa City Council finds that the impacts of the proposed project have been mitigated to the extent feasible by the Mitigation Measures identified in the MMRP, and contained in the Final EIR. 7. Textual refinements and errata were compiled and presented as part of the Final EIR to the decision-makers for review and consideration. The City of Azusa staff has made every effort to notify the decision-makers and the interested public/agencies of each textual change in the various documents associated with the project review. These textual refinements arose for a variety of reasons. First, it is inevitable that draft documents will contain errors and will require clarifications and corrections. Second, textual clarifications were necessitated in order to describe refinements suggested as part of the public participation process. 8. . The responses to the comments on the Draft EIR, which are contained in the Final EIR, clarify and amplify the analysis in the Draft EIR. 9. Having reviewed the information contained in the EIR and in the administrative record as well as the requirements of CEQA and the CEQA Guidelines regarding recirculation of Draft EIRs, the City of Azusa City Council finds that there is no significant new information in the Final EIR such that recirculation of the Draft EIR, pursuant to the requirements outlined in Section 15088.5 of the CEQA Guidelines,would be required. 10. CEQA requires the lead agency approving a project to adopt an MMRP for the changes to the project which it has adopted or made a condition of project approval in order to ensure compliance with project implementation. The mitigation measures included in the EIR as certified by the City of Azusa City Council and included in MMRP as adopted by the City of Azusa City Council serves that function. The MMRP includes all of the mitigation measures identified in the EIR and has been designed to ensure compliance during implementation of the Project. In accordance with CEQA, the taha 2007-058 48 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations MMRP provides the means to 'ensure that the mitigation measures are fully enforceable. In accordance with the requirements of Public Resources Code §21081.6, the City of Azusa City Council hereby adopts the Mitigation Monitoring and Reporting Program. 11. In accordance with the requirements of Public Resources Code §21081.6, the City of Azusa City Council hereby adopts each of the mitigation measures expressly set forth herein as conditions of approval for the proposed project. 12. The custodian of the documents or other material which constitute the record of proceedings upon which the City of Azusa City Council's decision is based is located at the City of Azusa City Hall, 213 East Foothill Boulevard, Azusa, California 91702. 13. The City of Azusa City Council finds and declares that substantial evidence for each and every finding made herein is contained in the EIR, which is incorporated herein by this reference, or is in the record of proceedings in the matter. 14. The City of Azusa City Council is certifying an EIR for, and is approving and adopting Findings for, the entirety of the actions described in these Findings and in the EIR as comprising the project. It is contemplated that there may be a variety of actions undertaken by other State and local agencies(who might be referred to as "responsible agencies" under CEQA). The EIR is intended to be the basis for compliance with CEQA for each of the possible discretionary actions by other State and local agencies to carry out the project. 15. The EIR is a Project EIR for purposes of environmental analysis of the project. A Project EIR examines the environmental effects of a specific project. This EIR serves as the primary environmental compliance document for entitlement decisions regarding the project by the City of Azusa City Council and the other regulatory jurisdictions. XI. STATEMENT OF OVERRIDING CONSIDERATIONS The Draft EIR has identified unavoidable significant impacts that will result from implementation of the proposed project. .Section 15093(b) of the CEQA Guidelines provides that when the decision of the public agency allows the occurrence of significant impacts that are identified in the EIR but are not at least substantially mitigated, the agency must state in writing the reasons to support its action based on the completed EIR and/or other information in the record. Air Quality (Regional Operational Emissions) impacts are not mitigated to a less-than-significant level for the proposed project: Furthermore,the three project alternatives do not alleviate these significant impacts and are not feasible in light of the proposed project objectives. Accordingly, the City of Azusa City Council adopts the following Statement of Overriding Considerations. The City of Azusa City Council recognizes that significant and unavoidable impacts will result from implementation of the proposed project. Having (i) adopted all feasible mitigation measures, (ii) rejected as infeasible alternatives to the proposed project discussed above, (iii) recognized all significant, unavoidable impacts, and (iv) balanced the benefits of the proposed project against the proposed project's significant and unavoidable impacts, the City of Azusa City Council hereby finds that the benefits outweigh and override the significant unavoidable impacts for the reasons stated below. The reasons stated below summarize the benefits, goals, and objectives of the proposed project and provide the rationale for the benefits of the project. These overriding considerations of economic, social, aesthetic, and environmental benefits for the proposed project justify adoption of the proposed project and Wha 2007-058 - - 49 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations certification of the completed Final EIR. Each of these overriding considerations would individually be sufficient to outweigh the adverse environmental impacts of the proposed project. 1. Implementation of the proposed project will improve the social and economic conditions in the City of Azusa Redevelopment Area and downtown Azusa through: (1) providing more employment opportunities in the downtown; (2) providing a source of continuous usage of downtown businesses by residents; (3) providing quality shopping opportunities for the surrounding community. 2. Implementation of the proposed project will assist in eliminating and preventing the spread of blight, thereby promoting the redevelopment of the City of Azusa Redevelopment Area, which currently suffers from the presence of empty or underutilized lots and has some office vacancy. Implementation of the proposed project will also provide and encourage additional private sector investment in the development and redevelopment of the project area, consistent with the objectives of the Redevelopment Plan. 3. Implementation of the proposed project will induce and stimulate growth in the area, and with its community serving retail and proximity to the future Metro Gold Line Foothill Extension, the proposed project will increase pedestrian activity and interest in the area, thereby attracting greater numbers of visitors to the area. . 4. Implementation of the proposed project will provide a retailer of national reputation to stabilize and enhance the perception of the downtown Azusa commercial district. 5. Implementation of the proposed project will develop a new mixed-use community that will help promote the internal relationship of mutually supportive uses, such as employment, housing, recreation, and community-serving activities, so as to decrease dependency on the automobile, encourage pedestrian activity and alternative transportation modes, make efficient use of land and infrastructure and foster a strong sense of community. 6. Implementation of the proposed project will promote and facilitate employment opportunities for the local community by offering residents attractive new employment with Target Corporation. 7. Implementation of the proposed project will be a positive investment for underutilized parcels located in a prime and highly visible location between two major arterial thoroughfares in the City. 8. Implementation of the proposed project will provide an exciting new community-serving retail use. 9. Implementation of the proposed project will promote the City of Azusa's Land Use/Transportation Policy by coordinating and concentrating development in proximity to transportation altematives and in an economically significant transit corridor. 10. The proposed project would contribute to reversing the trend of declining economic activity and physical decay in the downtown area by developing underutilized parcels, providing employment, retail, and other services; and enhancing the economic development of the City: The Agency and the Target Corporation (project applicant) have stated that the proposed project would function as an economic catalyst for the City in its effort to increase employment, business, and investment opportunities in the downtown Azusa area. taha 2007-058 50 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations The proposed project would contribute to this effort by offering residents a wide variety of goods and services in a convenient location in downtown Azusa and near the future Los Angeles County Metropolitan Transportation Authority (Metro) Gold Line Foothill Extension,which is situated south of and adjacent to the project site. XII. MITIGATION MONITORING AND REPORTING PROGRAM The Mitigation Monitoring and Reporting Program (MMRP) was prepared for the proposed project, and was approved by the City of Azusa City Council by the same resolution that has adopted these findings. (See Pub. Resources Code, § 21081.6, subd. (a)(1); CEQA Guidelines, § 15097.) The City of Azusa City Council will use the MMRP to track compliance with project mitigation measures. The MMRP will remain available for public review during the compliance period. The MMRP is located below in Attachment A. taha 2007.058 51 Target Store Redevelopment Project Findings of Fact and Statement of Overriding Considerations INSERT"ATTACHMENT A"MMRP taha 2007-058 - 52 ORDINANCE NO. 2008 - AN ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING PORTIONS OF THE AZUSA ZONING CODE AND DEVELOPMENT CODE CONCERNING THE DOWNTOWN NORTH 11 TARGET OVERLAY ZONE AND PROPERTY BOUNDED BY AZUSA AVENUE, NINTH STREET, SAN GABRIEL AVENUE AND THE METRO GOLD LINE FOOTHILL EXTENSION RIGHT-OF- WAY WHEREAS, the Planning Commission of the City of Azusa, gave notice thereof as required by law and held public hearings on June 25, 2008 and July 23, 2008 on the application of the Target Corporation with respect to, the requested application for a Zoning Code Amendment ZCA 228 and Zone Change 2008-01 for the proposed Target department store, located at 809 N. Azusa Avenue.. On July 23, 2008, the Planning Commission voted 2 - 2 to approve the application, which resulted in a denial of the application; and 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 the Target Corporation with respect to the requested Zoning Code Amendment ZCA 228 and Zone Change Z-2008-01 creating the Downtown North 11 Overlay zone to allow for alternative design standards for the Target department store, located at 809 N. Azusa 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 certified an Environmental Impact Report No. 200801 146 regarding the development of the Project on August 4, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That in accordance with Section 88.51 .060 of the Azusa Municipal Code, the City Council approves said Zoning Ordinance Amendment ZCA 228 & Z-2008-01, based on the following findings: (a) That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan, any applicable specific plan, Owner Participation Agreement or Development Agreement. The proposed Zoning Ordinance and Zone Change are consistent with the goals, policies and objectives of the General Plan as shown in Table 1 of the staff ORANGE\MEINBERG\98391.1 report. (b) That the proposed zone change will not adversely affect surrounding properties. The proposed zone change would not adversely affect the surrounding properties. The existing commercial retail center is currently under utilized and the existing garage uses are not compatible with either the existing residential or downtown uses. The proposed Target Department Store would provide more services to the surrounding area and the pedestrian-oriented amenities would improve the appearance of the neighborhood. Section 2. Establishment of the Downtown North II Target (DNT) Overlay Zone - Article 2 Chapter 88.27.60 of the Azusa Development Code is hereby added in its entirety to read as follows: 88.27.60 DOWNTOWN NORTH 11 - TARGET OVERLAY A. Purpose and Intent. The Downtown North 11 - Target (DNT) Overlay Zone is established to allow for the transformation of the existing retail site at the intersections of Azusa Avenue, Ninth Street and San Gabriel Avenue into a retail destination that incorporates the intent of the design principles of the Built Environment Element of the General Plan and the Transit Oriented Development (TOD) Urban Standards of the Development Code. B. Development Standards. The development standards required by the underlying base district shall apply, except where the following shall apply: I 88.24.010.F. 1 Building Placement a. Front Setback: 0 foot b. Side Street Setback: 0 foot c. Sideyard Setback: 0 foot d. Rear Setback: 0 foot 2. 88.24.010.F.3 Building Height and Profile a.(I). Maximum: 3 stories or 50 feet for single use building, 3 stories or 55 feet for mixed-use buildings. a.(2). Exceptions: an area equal to 20% of the building's ground floor footprint may exceed the maximum height by an additional story or 20 feet. 3. 88.30.020 - Fences, Walls, Hedges and Screening ORANGE\SKLEINEERG\48391.1 C. Height Limits — Rear setback (along Metro Gold Line property boundary) as required by Metro Gold Line Authority and as approved by the Director of Economic and Community Development. 4. 88.30.060 — Setback Requirements and Exceptions E. Allowed encroachments into setbacks: Architectural features (e.g. cornice, sill, trellis, signs approved through a Master Sign Plan) are allowed by approval of the Director of Economic and Community Development and the Director of Public Works Department. 5. 88.31 .020.C.4 Limitation on truck deliveries. Truck Deliveries to a commercial parcel adjacent to a conforming residential use shall be limited to the hours between 4:00 a.m. and 12:00 a.m. 6. 88.34.050 — Landscape Location Requirements D. Parking Areas — Structure parking areas are exempt from interior landscape requirements; exterior landscaping shall include exterior irrigated wall landscape areas with trellises for vines per the requirements of the Community Services Department landscape review. 7. 88.36 — Parking & Loading 88.36.080.D: Stall size 9' x 18' 88.36.080 K. Structured Parking: The exterior facades of the parking structure shall be designed to approximate and be compatible with the appearance of the commercial structure, as determined by the review authority. SECTION 3. GENERAL PLAN CONSISTENCY Based on the entire record before the City Council and all written and oral evidence presented, including the staff report and the findings made in this Ordinance, the City Council of the City of Azusa hereby finds and determines that the proposed Ordinance is consistent with the goals and policies of the City of Azusa General Plan and is reasonably related to the public welfare of the citizens of the City and the surrounding region. Specifically, this Ordinance will provide more services to the surrounding area and the pedestrian-oriented amenities will improve the appearance of the neighborhood. SECTION 4. SEVERABILITY ORANGE\SKLEINBERG\98391.1 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective thirty (30) days after its adoption. SECTION 7. PUBLICATION The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this 4' day of August 2008. Joseph R. Rocha Mayor ATTEST: Vera Mendoza City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ORANGE\SKLEIN13ERG\98391.1 r. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP TTM 070189 TO CONSOLIDATE FOUR COMMERCIAL PARCELS LOTS (APN's 8608-24-900; -902; -903; -904) INTO ONE COMMERCIAL PARCEL IN THE DTV (DOWNTOWN TRANSIT VILLAGE), BOUNDED BY AZUSA AVENUE, NINTH STREET, SAN GABRIEL AVENUE AND THE METRO GOLD LINE FOOTHILL EXTENSION RIGHT-OF-WAY (APN's 8608-24-900; -902; -903; -904) AZUSA, CALIFORNIA WHEREAS, the Planning Commission of the City of Azusa, gave notice thereof as required by law and held public hearings on June 25, 2008 and July 23, 2008 on the application of the Target Corporation with respect to the requested application for a Tentative Tract Map TTM 070189 for the proposed Target department store, located at 809 N. Azusa Avenue. On July 23, 2008, the Planning Commission voted to recommend approval of the application to the City Council; and 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 the Target Corporation with respect to the requested Tentative Tract Map 070189 for the proposed Target department store, located at 809 N. Azusa 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 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 66-207 and based on the staff report and other such written and oral evidence as presented to the City Council regarding the Tentative Tract Map 070189, the City Council finds and determines that the proposed project: (a) Such approval will not be materially detrimental to the public welfare, injurious to the property or improvements in the vicinity and zone in which the land is located, will not be contrary to or adversely affect the general comprehensive zoning plan for the city. The project has been designed to be compatible with the uses and properties within the DTV District and the adjacent neighborhoods. The project is in conformance with the goals and policies of the General Plan as shown in Table I of the staff report. (b) Proper or adequate provision has been made for access to the land to be sold or subdivided and also the .portion of land remaining or that access to the land is by means of dedicated streets of a sufficient width and state of improvement to adequately serve the land described in the application. Access to the site is provided via Azusa Avenue on the east, Ninth Street on the North and San Gabriel Avenue on the west. Combined, these dedicated public street are of sufficient width and have adequate capacity to serve the proposed projects as well as adjacent properties. (c) Proper and adequate provisions have been made for all public utilities and public services, including sewers. Proper and adequate provisions currently exist for all public utilities and public services. 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 ADOPTED, SIGNED, AND APPROVED this 4'" day of August, 2008, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Joseph R. Rocha Mayor ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney r • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING USE PERMIT UP 2008- 08 ALLOWING A GENERAL RETAIL USE WITH OVER 50,000 SQUARE FEET OF FLOOR AREA IN THE DTV (DOWNTOWN TRANSIT VILLAGE) ZONE, LOCATED AT 809 N. AZUSA AVENUE, AZUSA, CALIFORNIA, WHEREAS, the Planning Commission of the City of Azusa, gave notice thereof as required by law and held public hearings on June 25, 2008 and July 23, 2008 on the application of the Target Corporation with respect to the requested application for a Use Permit UP 2008-08 for the proposed Target department store, located at 809 N. Azusa Avenue. On July 23, 2008, the Planning Commission voted to recommend approval of the application to the City Council; and 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 the Target Corporation with respect to the requested Use Permit UP-2008-08 for the proposed Target department store, located at 809 N. Azusa 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 certified an Environmental Impact Report No. 2008011046 regarding the development of the Project on August 4, 2008. 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 Use Permit, the City Council finds and determines that the proposed project: (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. According to Section 88.24.005 of the Development Code, a general retail use with over 50,000 square feet in area is allowed in the DTV zone with a Use Permit. The Use Permit allows the review authority to examine the characteristics of the proposed large retail use and ORANGEtEHULLW9158.1 determine if the use would or would not have a negative effect on the neighborhood. The proposed Target Department Store will have approximately 159,000 square feet of area, including stock areas. As proposed the Target Department Store will not negatively impact the neighborhood. As designed the Project will remove an older blighted site from the neighborhood and add a well designed commercial/retail use which provides 'needed services and opportunities to the community. The Project will result in improved roadways, streetscape improvements, and provide much needed commercial services to the community. With approval of the proposed Zoning Ordinance Amendment and the Zone Change, the proposed Target would meet the Development Code standards for the DTV zone. (b) The proposed use is consistent with the General Plan and any applicable specific plan. The proposed use is consistent with the goals, policies and objectives of the General Plan as shown in Table 1 of the staff report, which is incorporated herein by this reference. (c) The design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity. As shown in the Mitigation Measures of the attached Environmental Impact Report (EIR), and the attached Conditions of Approval, the proposed design, location, size and operating characteristics of the . Target department store will be compatible with the existing and future land uses in the vicinity. The proposed exterior design includes varying heights, setbacks, and wall articulation. The proposed location, in the DTV zone would provide an anchor retail use for the north end of the Downtown District and would support future transit-oriented development in this location. The proposed size and operating characteristics of the large retail use are consistent with the urban form recommendations of the General Plan and with the Mitigation Measures of the DEIR, the use will benefit the community. The operating characteristics of the proposed Target Department Store include truck delivery operations ORANGETHULU49158.1 r between 4:00 a.m. and midnight. The trucks will not have audible back-up signals. The Noise and Vibration Section of the EIR has determined that the decibel level of noise ' from the loading docks, both during daytime and nighttime hours, will not exceed the allowable levels of the Development Code, primarily due to construction of a sound wall between the loading dock area and San Gabriel Avenue. Another operating characteristic of public concern is the need to prevent shopping carts from leaving the site. Condition of Approval #A5 will require the Target Department Store to incorporate a cart-locking system to retain the carts on the project site. (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 subject site is physically suitable for the type, density and intensity of the propose use. The site has access to the proposed parking area from Azusa Avenue, Ninth Street and San Gabriel Avenue and the parking area will provide the required amount of parking. In addition, a Traffic Study was conducted in conjunction with the EIR. This Traffic Study was reviewed and approved by the City Engineer. The Traffic Study addressed the seasonal parking impact of the proposed Target Department Store and determined that based on the provided amount of parking and the existing public parking lot and street parking, that the . parking demand would be met. The Traffic Study also reviewed the proposed truck delivery route, entering from San Gabriel Avenue and exiting north onto Azusa Avenue. This proposed route was also reviewed by the Metro Gold Line Foothill Extension Authority and the Public Utilities Commission. Per their requirements, this was the preferred truck route to avoid the possibility of a delivery truck constraining any train movement on the existing railroad tracks. The impact of additional vehicular traffic generated by the proposed project on existing intersections was also included in the Study. It was determined that the intersection of Ninth Street and Azusa Avenue; Foothill ORANGE\EHULLA9158.1 r Boulevard and Azusa Avenue, and First Street and Azusa Avenue would all be somewhat effected by the new construction. Condition of Approval #F27, F28 & F38 and Mitigation Measures TPI R TP2 has been included to ensure that additional impacts to these intersections be mitigated. The proposed project site is a developed parcel without physical constraints and utilities are already present at the project site. (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. With the implementation of the mitigation measures of the EIR and the attached Conditions of Approval, granting the Use Permit to allow a retail use with over 50,000 square feet in floor area 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 districts of the project site. The proposed Target Department Store will benefit the community and will contribute to the revitalization of the Azusa Downtown. The project provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community. Landscaping, wall articulation, varying building heights and the arched opening on the ground floor leading to the street-level parking, combine with second Floor setbacks and decorative wall detail to provide architectural design, building massing and scale appropriate to the site surroundings and community. 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 ORANGETHULL149158.1 is ADOPTED, SIGNED, AND APPROVED this 4" day of August, 2008, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Joseph R. Rocha Mayor ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ORANGETHULU49158.1 b F RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT C-99-16 TO ALLOW THE SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION AT THE PROPOSED TARGET DEPARTMENT STORE, LOCATED AT 809 N. AZUSA AVENUE, AZUSA, CALIFORNIA WHEREAS, the Planning Commission of the City of Azusa, gave notice thereof as required by law and held public hearings on June 25, 2008 and July 23, 2008 on the application of the Target Corporation with respect to the requested application for a Modification to the Conditional Use Permit C-99-16 for the proposed Target department store, located at 809 N. Azusa Avenue. On July 23, 2008, the Planning Commission voted to recommend approval of the application to the City Council; and 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 the Target Corporation with respect to the request to modify the existing Conditional Use Permit C-99-I6, which currently allows the sale of beer, wine and distilled liquor at an existing grocery store at the subject location, to allow only beer and wine sales for off-site consumption at the proposed Target department store, located at 809 N. Azusa 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 certified an Environmental Impact Report No. 2008011046 regarding the development of the Project on August 4, 2008. 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 modification to the existing Conditional Use Permit C-99-16, the City Council finds and determines that the proposed project: (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 DTV zone with a Use Permit. There is an undue concentration of ABC licenses for ORANGE\EHULL\49159.1 , the sale of alcoholic beverages for off-site consumption in the project census tract. However, based on the fact that the existing King Ranch Market already has an ABC license, the project location is not in a high crime area and the Azusa Police Department has determined that the proposed Target Department Store would not jeopardize public safety in this area, Staff finds that the public convenience or necessity would be served by the modification of the existing Conditional Use Permit to allow the sales of beer and wine at the proposed Target Department Store. This is based on the fact that a department store selling alcoholic beverages, as a supplement to their other merchandise, would provide a convenience to the residents. Condition of Approval #F 10 requires that strategically placed surveillance cameras shall be installed at parking lot entrances/exits, entry/exit points of the store, cashier counters and along the south side of the building (to include loading dock area) that are digitally recorded and stored for at least 30 days for investigative purposes. When requested by police personnel, Target employees shall provide digitally captured video and images to the Azusa Police Department in a timely manner, preferably within 60 minutes of the crime being reported and/or investigated. In addition, warning signs of such recording(s) shall be conspicuously posted as a crime deterrent. Condition of Approval #F 14 requires that the store shall be equipped with an audible or silent burglary alarm at all entry/exit points and monitored by a reputable alarm company and be in compliance with pertinent AMC requirements for alarm systems. Condition of Approval #F19, requires clear signs stating I.D. will be required for anyone that appears to be underage and wants to purchase alcohol consistent with California State Alcohol Control Board requirements. (b) The proposed use is consistent with the General Plan and any applicable specific plan. The proposed use is consistent with the goals, policies and objectives of the General Plan as shown in Table 1 of the staff report, as incorporated herein by this reference. (c) The design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity. ORANGETHULLA9159.1 The operating characteristics will be limited by the Conditions of Approval, specifically: #1710, #1`14 and #1719 regarding surveillance, alarms and proper identification prior to sale of alcohol, making the operating characteristics compatible with the existing and future land uses in the vicinity (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 Target Department Store is to be located in the DTV commercial zone, which is physically suitable for the proposed use, the sale of beer and wine. The alcohol sales will be a small portion of the sales from the site. The Site has appropriate access and utilities for the project as a whole, including the approximately 300 square feet that will be dedicated to beer and wine sales. (d) 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 Use permit will be consistent with the General Plan goals and policies by providing a convenient service for the residents in the DTV 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 (e) 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. There are no schools or parks within 500 feet of the proposed Target Department Store, but there are single-and multi family residences with in 500 feet of the store. However, the ability to purchase beer and wine for off-site consumption, in addition to other department store items, will provide a convenience to the residents. ORANGE\EHU LL\49159.1 �9 (f) Appropriate measures to provide proper maintenance of the building exterior, including keeping the premises free of junk, litter, and debris. Conditions of Approval for the project require that the premises are 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, or 48 hours from the Monday following the incident if it occurs on a weekend, to match existing wall in color and tone (g) Lighting of exterior areas, including parking lots, to discourage loitering activities outside of the buildings. Conditions of Approval for the project have been included to ensure that adequate lighting will be provided in the proposed parking lot and on the perimeter of the building. (h) 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. (i) Provision of onsite security, both inside and outside the building, to satisfy any concerns raised by the Police Department. The Police Department has reviewed the proposed project and has provided specific Conditions of Approval related to security issues for the proposed use. (j) Adequacy of off-street parking provided for the use. Per the Traffic Study, prepared for the EIR, ample parking will be provided. (k) Hours of operation. Beer and wine sales would occur during business hours: 8:00 am - 10:00 pm Monday through Saturday and 8:00 am - ORANGE\EHU LL\49159.1 9:00 pm Sundays. The store will be closed on Thanksgiving Day, Christmas Day and Easter Sunday. (I) Controls on occupancy limits inside the building and loitering outside of the building. The Building Division and the Los Angeles County Fire Department will determine the occupancy limits of the proposed department store. The Police Department and the Los Angeles County Fire Department are responsible for enforcing the limits. (m) Prevention of adverse effect of the use on value of adjacent properties. The sale of alcoholic beverages for off-site consumption in the proposed Target Department Store will not adversely affect the value of adjacent properties. The alcoholic component of the department store will be less than 335 square or 0.002% of the total floor area of the store. (n) Whether approval would result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration. Per the ABC, there is already. an undue concentration of liquor licenses in the subject census tract, resulting in the need for a finding of public convenience and necessity. However, the existing King Ranch Market already has a license to sell beer, wine and distilled spirits at the proposed location. Therefore the proposed new ABC license does not represent an increase in the number of licenses but, rather, the substitute of one license type for another in the subject census tract. As such, the proposal would not increase the number of licenses in the census tract. In addition, staff finds that the public convenience or necessity would be served by the issuance of a Modification to the Existing Conditional Use Permit for the proposed Target Department Store, based on the fact that a department store selling alcoholic beverages, as a supplement to their other merchandise, would provide a convenience to the residents. 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 ORANGETHULL49159.1 �r and certify to the passage and adoption of this Resolution ADOPTED, SIGNED, AND APPROVED this 4`h day of August, 2008, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Joseph R. Rocha Mayor ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ORANGETHULU49159.1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING DESIGN REVIEW DR- 2007-65 FOR THE CONSTRUCTION OF A 159,000 SQUARE FOOT TARGET DEPARTMENT STORE IN THE DTV (DOWNTOWN TRANSIT VILLAGE) ZONE, LOCATED AT 809 N. AZUSA AVENUE, AZUSA, CALIFORNIA WHEREAS, the Planning Commission of the City of Azusa, gave notice thereof as required by law and held public hearings on June 25, 2008 and July 23, 2008 on the application of the Target Corporation with respect to the requested Design Review DR-2007-65 for the proposed Target department store, located at 809 N. Azusa Avenue. On July 23, 2008, the Planning Commission voted 2 — 2 to approve the application, which resulted in a denial of the application; and 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 the Target Corporation with respect to the requested Design Review DR-2007-65 for the proposed Target department store, located at 809 N. Azusa 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 certified an Environmental Impact Report No. 200801 1046 regarding the development of the Project on August 4, 2008. 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 .032 and based on the staff report and other such written and oral evidence as presented to the City Council regarding the Design Review, the City Council finds and determines that the proposed project: (a) The project provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community. Landscaping, wall articulation, varying building heights and the arched opening on the ground Floor leading to the street-level parking, combine with second floor setbacks and decorative wall detail to provide architectural design, building massing and scale appropriate to the site ORANGEIEHULD49160.1 1 i surroundings and community. (b) The project provides attractive and desirable site layout and design, including, but not limited to, building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc. The store-front entry to the Target Department Store is from the southeast corner of the building, with the primary fa4ades facing south and east. The building is placed on the property line, directly interacting with the street parkways and sidewalks. Conditions of Approval are included to assure that the proposed lighting and signage will meet the requirements of the EIR Mitigation Measures and the Development Code. As designed the Project provides an attractive site plan which utilizes the site efficiently. The Project will improve the condition of the site by removing older outdated structures, providing street improvements, upgraded exterior appearance and landscaping, and ensuring proper site drainage. (c) Provide efficient and safe public access, circulation and parking. Public vehicular access to the Target Department Store is available from Azusa Avenue, Ninth Street and San Gabriel Avenue. Parking is provided on the ground floor of the building. Safe pedestrian access to the store is provided through the parking lot and from Azusa Avenue, Ninth Street and San Gabriel Avenue. This combination of access off multiple roadways with well designated pedestrian access provides safe and efficient access and circulation to and around the site. (d) The project provides appropriate open space and landscaping, including the use of water efficient landscaping. The southeast corner of the proposed building incorporates a two-story, open entry plaza with landscaped pots and planters. The exterior walls of the building are accented with vine pockets, covered with decorative metal grates matching.the street-tree grates; vine trellises and plantings, as well as landscaped balconies. These design features, together with proposed street trees and street furniture ORAN GE\EHU LL\49160.1 provide appropriate landscaping and an open space element. (e) The project is consistent with the General Plan, any applicable specific plan, development agreement, and/or any previously approved planning permit. The project is consistent with numerous General Plan goals and policies as summarized in Table 1 of the staff report as incorporated herein by this reference. (f) The project complies with all applicable requirements of the Development Code, and any other adopted City design standards, guidelines, and policies. The project is consistent with the development standards of the Development Code as summarized in Table 2 of the staff report as incorporate herein by this reference. Section 2. This Resolution shall take effect immediately upon its adoption. Section 3. The Mayor shall sigh this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution ADOPTED, SIGNED, AND APPROVED this 4"' day of August, 2008, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Joseph R. Rocha Mayor ORANGEIEHULLW9160.1 ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ORANGE\EHU L L\49160.1 THERE IS NO PAPERWORK FOR THIS ITEM w y x t: a AGENDA REPORT TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOWASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER �vv✓ DATE: AUGUST 4, 2008 SUBJECT: AMENDMENT OF THE 2008/09 CAPITAL IMPROVEMENT PLAN— PROPOSITION 113 DISBURSEMENT RECOMMENDATION It is recommended that the City Council amend the 2008/2009 Capital Improvement Plan to reflect Proposition 1B as an additional funding source for CIP#66109F - "Reconstruction of Foothill Blvd." BACKGROUND Proposition 113 is part of a $40 billion infrastructure bond package that provides $19.92 billion for various transportation projects in California, and in particular includes $1 billion for California cities to spend on local transportation priorities. By passing the infrastructure bonds last year, the Governor, Legislature and California voters all recognized the critical importance of addressing our long-term infrastructure deficit. The League of California Cities advocated this year for the immediate allocation of funding set-aside in Prop. 113, so that local leaders can put these funds to work immediately to improve local streets and roads. The City of Azusa will receive $782,341.28 in bond money from Proposition 113 for local transportation projects. Considering the condition of the State's budget, staff would like to use these funds immediately for the reconstruction of Foothill Blvd. The Foothill Blvd. project is budgeted $400,000 from State Transportation Local Program (STPL) funds and a 10% match of $40,000 from Gas Tax funds. The total cost to reconstruct Foothill Blvd. from the western city limits to the railroad crossing is unknown and difficult to estimate. It is still necessary to core the street to determine the extent of damage and necessary street work. If total reconstruction is necessary, the cost of the project could well exceed $3 million. In anticipation of this cost, staff would like to add the $782,341.28 of Proposition 1B funds to the previously budgeted $440,000, totaling $1,222,341.28 in funding for the project. FISCAL IMPACT Total first year Proposition 1B allocation ($782,341.28)to be used for CIP#66109F. U AGENDAITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M DELACH, CITY MANAGERtw--57 DATE: AUGUST 4, 2008 SUBJECT: CONSIDERATION OF RESOLUTIONS: I). CONDEMNING THE ACTION OF THE MTA BOARD IN THEIR FAILURE TO FUND THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT AND SEEKING LEGISLATIVE ACTION REQUIRING THE MTA TO PROVIDE LOCAL MATCHING FUNDS TO PURSUIT$320 MILLION IN FEDERAL FUNDING FOR THE PROJECT. 2). OPPOSING THE METROPOLITIAN TRANSPORTATION AUTHORITY PROPOSED SALES TAX MEASURE UNLESS AMENDED TO FULLY FUND THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT SETTING DEFINITE SCHEDULES FOR PROJECT FUNDING. RECOMMENDATION It is recommended that City Council consider the attached resolutions and provide staff direction on the distribution of subject resolutions. BACKGROUND Last Thursday,July 24,2008 the MTA Board opposed a motion to include the Metro Gold Line Foothill Extension Project in the Long Range Plan eliminating the opportunity to apply for $320 million in Federal Transportation Funds available for the Project. Keith Hanks, Council Member and member of the Metro Gold Line Foothill Extension Construction Authority,on an urgency action,requested consideration to develop the attached resolutions at the City Council/Utility Board Meeting of July 28, 2008. The resolutions indicate the displeasure of the actions taken by the MTA Board,to oppose funding for the Gold Line Extension in the Long Range Plan, and propose an increase in sales tax to fund future transportation projects. Although the Gold Line Project is included as a project in the proposed sales tax ballot measure, the funding is inadequate to fulfill construction completion to Claremont, (the County line); nor does the measure specify a timeline. The enabling legislation for the sales tax is AB2321. Los Angeles Mayor Antonio Villaraigosa,chair of the MTA Board,reneged on his prior commitment to include the Gold Line in the Long Range Plan,providing the Metro Gold Line Foothill Extension representatives supported the sales tax proposition. FISCAL IMPACT There is a potential loss of$320 million in Federal Transportation Funds for the Metro Gold Line Foothill Extension Project. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CONDEMNING THE ACTION OF THE MTA BOARD IN THEIR FAILURE TO FUND THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT AND SEEKING LEGISLATIVE ACTION REQUIRING THE MTA TO PROVIDE LOCAL MATCHING FUNDS TO PURSUIT $320 MILLION IN FEDERAL FUNDING FOR THE PROJECT. WHEREAS, on Thursday, July 24, 2008; the MTA Board opposed a motion to include the Metro Gold Line Foothill Extension Project in the Long Range Plan eliminating the opportunity to apply for $320 million in Federal Transportation Funds available for the Project; and WHEREAS, it is essential to the future of the San Gabriel Valley Foothill Cities to have the Gold Line Extension project both for economic survival and to relieve congestion on the grid-locked I-210 Freeway-, and WHEREAS, the MTA Board has failed to recognize that the Metro Gold Line Foothill Extension Project is a"ready to go"project having cleared the Environmental Impact Report process and the Construction Design and is the only rail project in the County ready to build; and WHEREAS,their opposition to place the Metro Gold Line Foothill Extension Project in the Long Range Plan and commit to the $80 million in funding jeopardizes the loss of the $320 million in Federal Funds our Congressional Delegation and the Federal Transportation Administration have indicated we are eligible for, virtually insuring the federal funding will go elsewhere outside of California to another"ready to go"project; and WHEREAS, the parochial politics of the MTA Board do not belong in issues of regional transportation and certainly not in the equitable distribution of transportation taxes; and WHEREAS, the City of Azusa cannot support the proposed new sales tax increases when such a disparity of current tax distribution exists by the leadership and staff of the MTA as well as insufficient guarantees of funding for completion of the Metro Gold Line Foothill Extension Project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa hereby respectfully requests Legislative action supporting congestion pricing for the I-110 with federal funding of$214 million and initiating legislation or action to require the MTA to also fund the local match of$80 million for the Metro Gold Line Foothill Extension Project, allowing the application and receipt of additional $320 million in federal matching funds. PASSED,APPROVED AND ADOPTED this 4th day of August, 2008. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof,held on the 4b day of August,2008,by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, OPPOSING THE METROPOLITIAN TRANSPORTATION AUTHORITY PROPOSED SALES TAX MEASURE UNLESS AMENDED TO FULLY FUND THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT SETTING DEFINITE SCHEDULES FOR PROJECT FUNDING. WHEREAS, on Thursday, July 24, 2008; the MTA Board adopted a motion to support a County- wide half-cent sales tax increase to fund future transportation projects; and WHEREAS,the MTA Board opposed a motion to include the Metro Gold Line Foothill Extension Project in the Long Range Plan eliminating the opportunity to apply for $320 million in Federal Transportation Funds available for the Project; and WHEREAS, without inclusion in the Long Range Plan funding of the Metro Gold Line Foothill Extension Project is only promised if the voters approve the proposed sales tax measure; and WHEREAS,as currently proposed,the sales tax funding within Assembly Bill 2321 does not include sufficient guarantees to complete the Metro Gold Line Foothill Extension Project to Claremont,nor does the Legislation include a time line beneficial to the residents of the Foothill Communities and the residents of this region in need of rapid transit alternatives to freeway congestion; NOW,THEREFORE,BE IT RESOLVED that the CityCouncil of the City of Azusa hereby opposes the Metropolitan Transportation Authority's proposed transportation sales tax measure unless amended to include full funding of the Metro Gold Line Foothill Extension Project to Claremont and a funding schedule that guarantee's commencement ofconstruction matching the current Metro Gold Line Construction Authority Project Schedule. PASSED,APPROVED AND ADOPTED this 4th day of August, 2008. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof,held on the 4 day of August,2008,by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK s � * *® �UPORT�A CITY COUNCIL AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KURT CHRISTIANSEN,AICP ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR VIA: F. M. DELACH, CITY MANAGER,4#0 DATE: AUGUST 4, 2008 SUBJECT: APPROVAL OF A RESOLUTION OF THE CITY COUNCIL FINDING THAT THE DISPOSITION OF REAL PROPERTY LOCATED AT 150 NORTH AZUSA AVENUE IDENTIFIED VIA ASSESSOR'S PARCEL NUMBER: 8611-031-900, ("SUBJECT PROPERTY") IS IN CONFORMANCE WITH THE GENERAL PLAN 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,REGARDING THE SALE OFTHE AZUSA MEDICALCLINIC (150 NORTH AZUSA AVENUE) TO EL PROYECTO DEL BARRIO PURSUANT TO GOVERNMENT CODE SECTION 37420 ET. SEQ. AND SETTING A PUBLIC HEARING TO HEAR PROTESTS TO THE PROPOSED SALE RECOMMENDATION It is recommended that the City Council adopt the following attached resolutions: I. Finding that the disposition of real property located at 150 North Azusa Avenue identified via Assessor's Parcel Number: 8611-031-900,("Subject Property")is in conformance with the General Plan. 2. A resolution finding that the public interest and convenience require the sale of the Azusa Medical Clinic to EI Proyecto Del Barrio. It is further recommended that the City Council schedule a public hearing to hear any protests to the proposed sale prior to the approval of a purchase and sale agreement. EXECUTIVE SUMMARY The proposed sale of the Subject Property to EI Proyecto Del Barrio ("EI Proyecto"), a California non- profit corporation, which currently operates the Health Center, will allow EI Proyecto to continue to The Honorable Mayor&City Council Members Subject:Proposed Sale of iso North Azusa Avenue&Government Code 65402 finding August 4,2008 Page 2 of 4 provide medical care to all Azusa residents at extremely affordable prices. The proposed sale stipulates that EI Proyecto must maintain a fully operational public health clinic as a condition of ownership via restrictive use covenants. BACKGROUND Staff has been working diligently with EI Proyecto to identify programs and opportunities for the expansion of services and retention of EI Proyecto in the Azusa community. As the City of Azusa is the owner of the property located at 150 North Azusa Avenue,the Azusa Health Clinic building is a public building and site dedicated to a public use as a public health clinic. The City of Azusa ("City") proposes to dispose of real property situated at 150 North Azusa Avenue ("Subject Property"), which currently houses the Azusa Health Center("Health Center"). It is proposed that the City sell the Subject Property to EI Proyecto Del Barrio ("El Proyecto"),a California non-profit corporation, which currently operates the Health Center. The City has deemed the sale of this public building to be in the public interest and benefit, since the Health Center offers medical care to all Azusa residents at extremely affordable prices. The proposed sale stipulates that El Proyecto must maintain a fully operational public health clinic as a condition of ownership via restrictive use covenants. GENERAL PLAN CONFORMANCE The Planning Commission at their July 30,2008 meeting disapproved the Government Code 65402 finding of General Plan consistency for the proposed sale of the Subject Property. Government Code 65402(c) The existing General Plan land use designation for this site is Commercial Mixed Use. The existing zoning for the site is Azusa Avenue Corridor (CAZ). Medical offices or clinics are a permitted use under the Commercial Mixed Use designation. Medical services—including clinics,are permitted with a minor use permit in the Azusa Avenue Corridor. The entire site is surrounded by various residential, residential multifamily complexes, and some commercial uses. Government Code Section 65402(c) requires a finding of General Plan consistency prior to the acquisition or disposition of real property by the City. Disposition of the Subject Property is consistent with the following General Plan Goals and Policies: Land Use: Corridors Goal 3 Azusa's corridors will be transformed into well-planned transit corridors, providing some retail and commercial opportunities in mixed-use settings,providing opportunities for new homes,and connecting all our Neighborhoods and districts. The disposition of the Subject Property will enable a thriving commercial property to continue operating within the City limits. Land Use: Commercial and Mixed Use GOALS Allow for and encourage the intensification of commercial uses in the corridors and in the districts to The Honorable Mayor&City Council Members Subject:Proposed Sale of iso North Azusa Avenue&Government Code 65402 finding August 4,2008 Page 3 of 4 provide economic stability and to provide residents with essential goods and services. The disposition of the Subject Property will allow for the continued provision of much needed medical services to Azusa residents. Having a medical clinic in a commercial zone will ensure that it receives ample foot traffic and that all residents are aware of its services. ECONOMIC DEVELOPMENT GOALS AND POLICIES GOAL 1 Build and maintain a strong, diverse economy in Azusa. The disposition of the Subject Property to El Proyecto will enable the Health Clinic to continue to provide affordable health care to many of Azusa's residents. By providing affordable health care options to its citizenry,the City is able to attract diverse residents,and help keep them healthy. A Health Clinic will have various beneficial effects on the City and its residents. GOAL 11 Create a unique place with high quality of life for all its residents. The disposition of the property will promote a beneficial quality of life for all Azusa residents and improve the City's economic standing. Healthy residents are better able to contribute to the vitality and growth of a city; by providing affordable health care to Azusa residents, EI Proyecto will ensure that Azusa residents have a high quality of life. PROPOSED SALE— PUBLIC INTEREST FINDING The City wishes to sell the Property to EI Proyecto Del Barrio,a California non-profit corporation, (or a related California non-profit corporation)and EI Proyecto Del Barrio wishes to purchase the Property and continue to operate a high quality health clinic onsite. El Proyecto Del Barrio has operated the site as a public health clinic for over four years serving the public health needs of the community. The site is currently in need of repairs and upgrades to continue to serve this vital community function in the most effective and efficient manner.The proposed sale of the Property will allow EI Proyecto Del Barrio to secure the necessary financing to provide the necessary repairs and upgrades to the site and the equipment and allow EI Proyecto Del Barrio to continue to serve the needs of the community. It is in the public interest that the property be sold to EI Proyecto as the City would not be required to fund the site improvements and repairs. Without the sale of the Property to EI Proyecto,the necessary financing cannot be secured by El Proyecto which may require the relocation of EI Proyecto to t another site or the expenditure by the City of the repair and improvement costs. The Council is being asked to adopt the attached resolution to facilitate the sale of the Property. Often a city that wants to sell a piece of property will declare the property surplus and sell the property pursuant to the provisions Government Code Section 54220 et. seq. Property can also be sold by a City pursuant Government Code Section 37420 et. seq. Section 37420 provides for the sale of any public building and site dedicated for public use if the City Council adopts a resolution finding that public interest and convenience require the sale of the property and expressing the city's intent to go forward with the sale.As The Honorable Mayor&City Council Mem bers - Subject:Proposed Sale of iso North Azusa Avenue&Government Code 65402 finding August 4,2008 Page 4 of 4 discussed above, the proposed sale will facilitate the necessary repairs and upgrades to the Health Clinic which will ensure the availability of affordable health care in the community. The Property is subject to covenants,restrictions,conditions and reservations("Restrictive Covenants")in that certain Deed and Declaration of Trust dated December 10, 1931 attached hereto as Exhibit "C" ("1931 Deed and Declaration of Trust"). The 1931 Deed and Declaration of Trust contains a use restriction providing that the Property shall be used solely for the maintenance and operation of a public health clinic. Given the restrictive covenants in place,it is appropriate that the City sell the Property to EI Proyecto as they will continue to operate the facility as a public health clinic. FISCAL IMPACT There is no impact with the proposed action. Attachments: Exhibit "A": A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, MAKING CERTAIN FINDINGS REQUIRED UNDER CALIFORNIA GOVERNMENT CODE SECTION 65402 TO ALLOW THE DISPOSITION OF PROPERTY BY THE CITY OF AZUSA TO EL PROYECTO DEL BARRIO Exhibit "B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,REGARDING THE SALE OF THE AZUSA MEDICAL CLINIC TO EL PROYECTO DEL BARRIO PURSUANT TO GOVERNMENT CODE SECTION 37420 ET. SEQ. Exhibit "C": 1931 Deed and Declaration of Trust for 150 North Azusa Avenue f RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, MAKING CERTAIN FINDINGS REQUIRED UNDER CALIFORNIA GOVERNMENT CODE SECTION 65402 TO ALLOW THE DISPOSITION OF PROPERTY BY THE CITY OF AZUSA TO EL PROYECTO DEL BARRIO WHEREAS, the City is the owner in fee of certain real property located in the City of Azusa, County of Los Angeles, State of California commonly known as 150 North Azusa Avenue, Azusa, California (Assessor Parcel Number 8611-031-900), more fully described in Exhibit "A" and depicted in Exhibit `B" attached hereto and incorporated herein by reference ("Property"); and WHEREAS,the Property is subject to covenants, restrictions, conditions and reservations ("Restrictive Covenants") in that certain Quitclaim Deed dated December 10, 1931 attached hereto as Exhibit `B" and incorporated herein by reference ("1931 Quitclaim Deed"), including a use restriction providing that the Property shall be used solely for the maintenance and operation of a public health clinic; and WHEREAS, the Buyer desires to purchase the Property from the City and the City desires to sell the Property to Buyer, which purchase and sale is subject to the Restrictive Covenants in the 1931 Quitclaim Deed and the terms of this Agreement; and WHEREAS, after consideration of all of the facts and circumstances the City Council desires to make a finding of General Plan conformance based upon substantial evidence; NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Azusa as follows: SECTION 1. INCORPORATION OF RECITALS. The Recitals are true and correct and incorporated into this Resolution. SECTION 2. GENERAL PLAN CONFORMANCE. Based upon the entire record before it the City Council finds there is substantial evidence supporting a finding that the disposition of the Subject Property is in conformance with the General Plan. This finding is based, in part,on the following General Plan findings: i Land Use: Corridors Goal 3 Azusa's corridors will be transformed into well-planned transit corridors, providing some retail and commercial opportunities in mixed-use settings, providing opportunities for new homes, and connecting all our Neighborhoods and districts. The disposition of the Subject Property will enable a thriving commercial property to continue operating within the City limits. Land Use: Commercial and Mixed Use GOAL 5 Allow for and encourage the intensification of commercial uses in the corridors and in the districts to provide economic stability and to provide residents with essential goods and services. The disposition of the Subject Property will allow for the continued provision of much needed medical services to Azusa residents. Having a medical clinic in a commercial zone will ensure that it receives ample foot traffic and that all residents are aware of its services. ECONOMIC DEVELOPMENT GOALS AND POLICIES GOAL 1 Build and maintain a strong, diverse economy in Azusa. The disposition of the Subject Property to EI Proyecto will enable the Health Clinic to continue to provide affordable health care to many of Azusa's residents. By providing affordable health care options to its citizenry, the City is able to attract diverse residents, and help keep them healthy. A Health Clinic will have various beneficial effects on the City and its residents. GOAL 11 Create a unique place with high quality of life for all its residents. The disposition of the property will promote a beneficial quality of life for all Azusa residents and improve the City's economic standing. Healthy residents are better able to contribute to the vitality and growth of a city; by providing affordable health care to Azusa Residents, EI Proyecto will ensure that Azusa Residents have a high quality of life. SECTION 4. CEQA. Per Section 15061(b)(3) of the California Environmental Quality Act guidelines, the proposed sale is exempt from CEQA since this transaction is a transfer of the property from one entity to another, and will not have a significant effect on the environment. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect from and after the date of its passage and adoption. PASSED,APPROVED AND ADOPTED this th day of 2008. JOSEPH ROCA MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: VERA MENDOZA CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. was duly introduced and adopted at a regular meeting of the Azusa City Council on this day of 2008, by the following vote,to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VERA MENDOZA CITY CLERK RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, REGARDING THE SALE OF THE AZUSA MEDICAL CLINIC TO EL PROYECTO DEL BARRIO PURSUANT TO GOVERNMENT CODE SECTION 37420 ET.SEQ. WHEREAS, the City of Azusa, California ("City") is the owner of certain real property located at 150 North Azusa Avenue, Azusa, California ('Property"), which is a public building and site dedicated to a public use as a public health clinic; and WHEREAS, the City wishes to sell the Property to EI Proyecto Del Barrio, a California non-profit corporation, (or a related California non-profit corporation) and EI Proyecto Del Barrio wishes to purchase the Property;" and WHEREAS, El Proyecto Del Barrio has operated the site as a public health clinic for four (4) years serving public health needs of the community; and WHEREAS, the site is in need of repairs and upgrades to continue to serve this vital community function in the most effective and efficient manner; and WHEREAS, the sale of the Property will allow EI Proyecto Del Barrio to secure the necessary financing to provide the necessary repairs and upgrades to the site and the equipment to allow El Proyecto Del Barrio to serve the needs of the community; and WHEREAS, without the sale of the Property the necessary financing cannot be secured; and WHEREAS, California Government Code sections 37420 through 37430 authorize alternative methods for the City to sell property,such as the Property; and WHEREAS, California Government Code section 37421 requires the City Council to adopt a resolution of findings and intention to sell the Property; and WHEREAS, California Government Code section 37422 requires the resolution to fix a time for hearing protests to the sale, provide for publication of the notice of hearing, fix the time final action will be taken and contain an accurate description of the property to be sold; and WHEREAS, California Government Code section 37423 requires publication and posting of the resolution. THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council intends to sell the Property and, that based upon the Recitals and all other information and testimony provided, finds that the public interest and convenience require the sale of the.Property to EI Proyecto Del Barrio. SECTION 2. Hearing. Pursuant to California Government Code section 37423, notice of a public hearing will be held on September 2,2008, will be published in a newspaper of general circulation on August 21, 2008 and will be posted for at least ten (10) days in at least three (3) conspicuous places on the Property. SECTION 3. Final Action. Final action on the Property will be held on September 2, 2008. SECTION 4. Description of the Property. The Property, Azusa Medical Clinic, is located at 150 North Azusa Avenue in the City of Azusa, California, more fully described and depicted in Exhibit A, attached to this Resolution. SECTION 5. CEQA Exemption. The City Council finds that the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The mere transfer of Property from one entity to another, particularly in light of the restrictive covenants requiring the Property to continue operating as a health clinic, will not have a significant effect on the environment. Staff is directed to file a Notice of Exemption with the Los Angeles County Clerk's office within five (5) days of the adoption of this Resolution. SECTION 6. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED,APPROVED AND ADOPTED this _th day of 2008. JOSEPH ROCA MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: VERA MENDOZA CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I,VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. was duly introduced and adopted at a regular meeting of the Azusa City Council on this _day of 2008, by the following vote,to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VERA MENDOZA CITY CLERK RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, REGARDING THE SALE OF THE AZUSA MEDICAL CLINIC TO EL PROYECTO DEL BARRIO PURSUANT TO GOVERNMENT CODE SECTION 37420 ET. SEQ. WHEREAS, the City of Azusa, California ("Ci OA GCkh� eat property located at 150 North Azusa Avenue, Azusa, Califomi£ p die building and site dedicated to a public use as a public health clini �U 'C WHEREAS, the City wishes to sell the Properl. a California non-profit corporation, (or a related California non-profit corporation) and El Proyecto Del Barrio wishes to purchase the Property;" and WHEREAS, El Proyecto Del Barrio has operated the site as a public health clinic for four(4) years seining public health needs of the community; and WHEREAS, the site is in need of repairs and upgrades to continue to serve this vital community function in the most effective and efficient manner;and WHEREAS, the sale of the Property will allow El Proyecto Del Barrio to secure the necessary financing to provide the necessary repairs and upgrades to the site and the equipment to allow El Proyecto Del Barrio to serve the needs of the community; and WHEREAS, without the sale of the Property the necessary financing cannot be secured; and WHEREAS, California Government Code sections 37420 through 37430 authorize alternative methods for the City to sell property such as the Property; and WHEREAS, California Government Code section 37421 requires the City Council to adopt a resolution of findings and intention to sell the Property; and WHEREAS, California Government Code section 37422 requires the resolution to fix a time for hearing protests to the sale, provide for publication of the notice of hearing, fix the time final action will be taken and contain an accurate description of the property to be sold; and WHEREAS, California Government Code section 37423 requires publication and posting of the resolution. THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council intends to sell the Property and, that based upon the Recitals and all other information and testimony provided, finds that the public interest and convenience require the sale of the Property to El Proyecto Del Barrio. SECTION 2. Hearing. Pursuant to California Government Code section 37423, notice of a public hearing will be held on September 2, 2008, will be published in a newspaper of general circulation on August 21, 2008 and will be posted for at least ten (10) days in at least three (3) conspicuous places on the Property. SECTION 3. Final Action. Final action on the Property will be held on September 2, 2008. SECTION 4. Description of the Property. The Property, Azusa Medical Clinic, is located at 150 North Azusa Avenue in the City of Azusa, California, more fully described and depicted in Exhibit A, attached to this Resolution. SECTION 5. CEQA Exemption. The City Council finds that the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The mere transfer of Property from one entity to another, particularly in light of the restrictive covenants requiring the Property to continue operating as a health clinic, will not have a significant effect on the environment. Staff is directed to file a Notice of Exemption with the Los Angeles County Clerk's office within five (5) days of the adoption of this Resolution. SECTION 6. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this th day of 2008. JOSEPH R. ROCHA MAYOR APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, MAKING CERTAIN FINDINGS REQUIRED UNDER CALIFORNIA GOVERNMENT CODE SECTION 65402 TO ALLOW THE DISPOSITION OF PROPERTY BY THE CITY OF AZUSA TO EL PROYECTO DEL BARRIO WHEREAS, the City is the owner in fee of certain real property located in the City of Azusa, County of Los Angeles, State of California commonly known as 150 North Azusa Avenue, Azusa, California (Assessor Parcel Number 8611-031-900), more fully described in Exhibit "A" and depicted in Exhibit `B" attached hereto and incorporated herein by reference ("Property"); and WHEREAS, the Property is subject to covenants, restrictions, conditions and reservations ("Restrictive Covenants") in that certain Quitclaim Deed dated December 10, 1931 attached hereto as Exhibit `B" and incorporated herein by reference ("1931 Quitclaim Deed"), including a use restriction providing that the Property shall be used solely for the maintenance and operation of a public health clinic; and WHEREAS, the Buyer desires to purchase the Property from the City and the City desires to sell the Property to Buyer, which purchase and sale is subject to the Restrictive Covenants in the 1931 Quitclaim Deed and the terms of this Agreement; and WHEREAS, after consideration of all of the facts and circumstances the City Council desires to make a finding of"General Plan conformance based upon substantial evidence; NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Azusa as follows: SECTION 1. INCORPORATION OF RECITALS. The Recitals are true and correct and incorporated into this Resolution. SECTION 2. GENERAL PLAN CONFORMANCE. Based upon the entire record before it the City Council finds there is substantial evidence supporting a finding that the disposition of the Subject Property is in conformance with the General Plan. This finding is based, in part, on the following General Plan findings: Land Use: Corridors Goal 3 Azusa's corridors will be transformed into well-planned transit corridors, providing some retail and commercial opportunities in mixed-use settings, providing opportunities for new homes, and connecting all our Neighborhoods and districts. The disposition of the Subject Property will enable a thriving commercial property to continue operating within the City limits. Land Use: Commercial and Mixed Use GOAL 5 Allow for and encourage the intensification of commercial uses in the corridors and in the districts to provide economic stability and to provide residents with essential goods and services. The disposition of the Subject Property will allow for the continued provision of much needed medical services to Azusa residents. Having a medical clinic in a commercial zone will ensure that it receives ample foot traffic and-that all residents are aware of its services. ECONOMIC DEVELOPMENT GOALS AND POLICIES GOAL I Build and maintain a strong, diverse economy in Azusa. The disposition of the Subject Property to El Proyecto will enable the Health Clinic to continue to provide affordable health care to many of Azusa's residents. By providing affordable health care options to its citizenry, the City is able to attract diverse residents, and help keep them healthy. A Health Clinic will have various beneficial effects on the City and its residents. GOAL 11 Create a unique place with high quality of life for all its residents. The disposition of the property will promote a beneficial quality of life for all Azusa residents and improve the City's economic standing. Healthy residents are better able to contribute to the vitality and growth of a city; by providing affordable health care to Azusa Residents, El Proyecto will ensure that Azusa Residents have a high quality of life. . SECTION 4. CEQA. Per Section 15061(b)(3) of the California Environmental Quality Act guidelines, the proposed sale is exempt from CEQA since this transaction is a transfer of the property from one entity to another, and will not have a significant effect on the environment. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect from and after the date of its passage and adoption. 9 PASSED, APPROVED AND ADOPTED this_th day of 2008. JOSEPH R. ROCHA_ MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: VERA MENDOZA CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. was duly introduced and adopted at a regular meeting of the Azusa City Council on this day of 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VERA MENDOZA CITY CLERK Lima an wt—WOr 2w. I. NOW RS7 U= -CIM. bill WL9Q.-IS manstio"tJoh or?go jj 92112vv. to • that IS hand Do". "astat of dash to beg"p, Rabowleapt, to he"" Rol"" tea Scram QmEga"Is to.a.-Go OSMS, the P,24 om"vty in the .,up at Lm t. 61dov. :out? Of Los Atpies. state at oplirmay". "SmItmi MS. Lot soveateen a" Bleat zuttata (is) fteal Soventr-ave avacrea ritt7.ri"(sS5a) an DIE IUD yea§Vdad to east$0- 7RZVV 19 to A4 IAQ- of tape, to the on-im or the County Ra cestr of *@If. county. Bele Dead In given to javr6ot An arm 004amt of zhtt GOrtsiu base Dated.INxvb M, e- 193a. and"m mod 1Yrah O'C" LM' in Don't 11496' Cape 70 Of OfAOLSI A6,30ran, JAB Ano. Us aeuxtr Became. Amount Or 111IMMUNim 61"n In sold Bond being pas n4ag S&VOIC"on Of 2XVOM mblab wous to be owth"&, thwaEgh gRIA comes Attached Best. 1'3 NOR AND zo gaLE to said.Event", ;heir being an assigov. J'V= em house this IM day of 4011. 1922. F.DW R. 1100W KLVMLW State of 0anfarm"' Ought' of log Aft"")" CA thil Ifth day Of April, 1939. before M*- M9Z ELMD IBM%. 8 NOtIrY ?MbILO I* Md far said Janusz, paroomlly appoma F. R. UMM AND 11012 XORM. loom to M ",to the parous ukase ame "a Subscribed to the foregoing JennemwAst. and acknonplaepa to me that.they Steamed the. some.. 3171353 or head and offlaial anal. awt.1-1faeca S ) Ran zwon 1813620 Notawy kolto WA r the 40UOU Of Los Angeles, state of cajjr,,,Is 1092. 27 or oslual Mmid at recentof 03,11"95 9. 1980. 12!29 C. X. 5459 yya Noricagag"a. C.L Ran, Count Mwft ow, By C V,-. Deputy DRCD AIM DSJ.AR.A110X OF L!EUST. 1. fiaS LBEA2M =do Bud fut"64 A-Ago,this 10th 407 zT Dramber, A.B., 1931. By end betsman ABBBI qhWa, a ampMtIm GVEMMILSOt. 4XIStIng and doing OVALRIMS under and by Tire" of the leve of the state Of C&LITOr"Sp hereinafter called the -OWMAT.. the • LCS 404144411- bawaLnoner 481led tho2raw a- w the 401mwi V* -M OF X2ftA In the "no or callrehats, Std ixr= Wsw'"11231 Awn "WAXr. Of 1" Angelva, 9,11faraU. a GorPuZi5tim Orge"1101. emi-tlng end colzis owing= under and by Pieces at the 'a" of the auto Of Oallftmib, hvPGiORUvV on.11al thool!rumbea,66 olng"Im. rx. avoCaus, the arantor JA the =or Of certain real pro�wtw WA &PPOPsOmn"a thsmtg 51m%t In son atty or Amt. 106 AW169 Comy.dalifnala, ams pawtLaulani"re"Cor"APastprihed, and cC'Qcn§Ln equipment located on said gool property and is the "Ll"1052 Biomass theorem ate Which an a part of sell "&I property, and Blue of cartbla forms consisting of "denates, bervinartar more partL*i10v2j a..url%isi and met Of the other Property herelabefore SNVM-Veted were rocei"I by It X=m the late )Q%tO 3, Vmburc,; and, In mantges. it is the Luse"im of UMIM S. VUSNM. EDUCE 903RTt A AND IMITH 70300, sale survivIng children and only hot" at Kate a. vowbuz, to aw8mut, -LIA fm" consisting of Material" 68 h0drolub*fare Stated, 60 shot she Sam my oaprigo an azgro .3fte trust fund snoL ProdAve an eavimatea kamom Of epwamLaultely one 10114rea.Collaza 02001 POP month. OhIQh LZOOM& OhN21 be potA to the County no-lung " She County FQ=3" the term of this Lamtrummouti IT. N04 JHZRAr0-:M, the Granter. Ili consideration of thame p%cmve and of the canities,, and offinants basin contained. an sell aAft m,jdamtjon of the autona p"Uilog and 86VOOMMILU @his 40Y --a- and. carried 012, by and betuaw the parties hereta, aces here" grant and avorray mo the county all that "" property and equipment hfrelnbetare can-- timed and eitmtad in the 01t;,,0.f Am&. "M AUSSIOS County. Caultarnia, mrs parht*CaajU do.ax-Lbod " Zollamem. Late 83- 24. ME. 26 and, LT In Blank 77 or the Olty of Awave. In the County at IAS AA- polos, as pan manic 15. PIAML"- 96 Of XIMAM"m-mll Manages of said+im Anploo.County; together w1ch Oil OPPOPtammumm thereto belonging and aLt buildifth, fixtures. thonjohlqg, • evaddrau and OLULjout turson WA thonst. T. v RLYS 1ju 20 Rabb the xess unto the =11 Grwme. a,bjeft to the following von- pzi" OOT42an". RVOLVIGUMMS. owditlans,and reeerwatlama, TLSZ A- TWO COUStp aboll rose an& miter the data or this am4Wm,, sets Its %balth Do AS (: v., s+n awe pt 9t MO Anaals /sty fell woe a,RNr that soak tb fMg qe• Jrs�trt7 Niaia aeavg)sd and aRe.l aM the sold e+e praJariy tadesher fish ski amllalbds std g pt mwt h f L bu- ten _AOHaaad, age all e141111am to well me aJpW%OAAaajS theta". solely SO! the UluNF 14,11, em oP9eteloa of • Ibnlel Dgi,etM. j1Ltd0 '+oder LN nosrliston nod ler10412timJ! • the apnmty Realth Dopertusat of tela •aunty, 440 96211 aosplotely 2)aret0 0:6 rulntnta its 11"tb lhpaetuM Serle of end for She ally of Lt a and Its "Y1,4" tat the ;eld'rasl yrap- arty nanL- a,neaysd, eoa tba e.psteaaraq thoreta belo6;.ng, em Vasil On the maim as the aamlnlSLVStLva nail" In the My of Losse, for the poMr+a,,e of gob functional re. Intiag to /¢9110 health as erg 9anfemud Aon geld 00MOy or OJao the asa/ib Departmut ' Ahomor V She lase of she Sass* of /altrovals (el the tall'UL¢ts.e¢ring ell of a' tlag It is wLntalmd age 97e10tod uJm aid Pnetsea by either tN Cw¢6y of lee Angeles or the Clcy of Atssn, 41123 be offLwlelly • atoan Ord designated m,8 the 'RM w D. yoeburg notarial 011nlee, $Bid piinio anal' s0ei a" of She efarlield CLAW m no oomdmted aolsly agrolmalvely as ng Em a Jwllo ahartEsble ad eStmelom, aPakete6 we ter peoflt eta aDa., no6'mk0 any profs%. I¢ the OMAA% anyone • ._ bemeticcad by Sala lmeLtnLlaa Shell at any Sita ranilm or�tteppt to rases the same by the ?eymons or donvery of "way ar ocher peoJ oche iantltOtil, emu money PraJsty. upas rac*1Pt of the gam sally a stns by aithsr LN dpun� of tqa 6ng'sla, or She city I Ammue. 'a the ages any U. *hall be used in funthg,ABg0 of the work of the CLIMB as a PmnllO ohaaitable artenimOtle¢ and lnntitmtim. (a). the ]apply. Or the CITY of Lease, 1n *nee the said promisee pass 90 the Maid My Seder the berm hereof, oball, dunLng Bosh 01m m It "tCLm Bald PrOmLBOR. k*8P and mnl¢ Sala the land, appnrcenmaaa, 00110ings and eaulpment sit"" an eoa/un compVLBIMC Bald - Jfaal9ea and Ory Propetiea her MSAs Added thereto. in first alae C.Mdlti m. not shall VDADIV Any apt 811 damage 1110GAID ooatrring free any Souse eAeesoever. (D) rbe l,unty, curing ooab SIM as It tetelus sell PeeJertlee amarLtsd 1n (a) supra, or the City of At In asap Lhe said JMeWMle, pea t, said aloy under the tarn, of this imstrament. Aha11 be abitated to xpair sue demegeR an are sustained by Che eforesald p"'IBalies tbrosgh fire or through GBAIURry ager Ant tear, but still wt be Ilan- . am for the raetaretlaa, of Gala MV&rties following Jlwalel or total assoruntim by • mperls 20000. nleaster, or sot Of god, provided, however, that awing& ca geld Peoptrtles taanitipg tram any 49=0 Whatsoever, ahbther from tire, ,rdinery weer am " sa 0uparlar force, dleaster, act of add, 1 Otherwise, and Iwo rOPolraaal , ant folloag h% damages .the sold 09JOwtLMs are not reotoraa within a r,saambls LLw thereafter, snail anuee la) sell prop,rtlae to pie to the 11Ly of Lntat, or (o) Maid propwtlea. as well As the ale- ami9iab And crust funds held by the Trusts* and hereinafter described, to revolt And Ones to 1. S. VMLIM, ROYDpm pa9BMG Asp Vti KELM MAd, ahs" and share alike, or to their heirs chop surviving, according to the lana of suooesaiw thin in faros in the State of 1811foralb, as the wee map be, in eesOntanae with chi terms of thL, Lnetm—at. P1. If t! MRM-:R taDUSTW b AND Amon that as long ale the Jounty, holds.title to Asea reel X39=17 and perform the teem, and eunditlone uom,,h IepPAed by this lnmtrw- - mbt, era DODUCIaily by mob-Paragraph (A)431 ant (a) of reradraph v target. the Lm®e Oaping Si the County feio tat acid lt'u9te1 0061 the trust huymn n,,sted, shell ti aredlted by the Jacoby to bhp 71st' of Aging, *oA shall Operate to redeem, In that amount ar • to pay entirely, se the cam e47 be. Any cost or expense not may o9 wbeiged 1 Abn Wable by chs 20AUSy againec the 01ty of Aram for p¢b110 health "Minag prtOr'0ed by the Oomety mdse say Stagg Law Ar logs, erdlnanaa and/or Sneer and by visbw of any amernat OWW 9bligscrcn far GAS dictators, of fwbotia0s in ralatlon to public health by the 0814V 0eunty slthl0 the 010y of Asmn. Sir. ID =3 "m the County at any ties shoo aging to use the amid Pmas,s for the —an wad Porpaaas dnlgm9ed In e nb➢ersgiaDb (A) Of ParOgrayb 4 hseat, 1 shell rielats any of the aaramnda 1 Conditions contained in Bob-Parsgtaph IA1,1a1 1 nal of Pareamph v 119Fmf. cam and In on oft 'a the Bible of the dgunty SO and 211 rights of the aeunty ir. Saab p"'Itwa and In sit impaaysagpts, eddlifone 1 eJpurtommea thereto, Ohs,, Sm- meAlesely cases and iarmlmgta. whavacpen the title to the sum shall IMUU&te 'f >y la tab • ppm to the alley ed' lisun free wad alter Of way and all ninSm of the douniy ahH'ets. Ig ISS ETJW that the title W tun USIA.weparslea paaMe9 treat the ee®ty to . 'She %ty Of Asa ma undor the wngltlom9 awpduant benLabeloes �. aP*alllad. tna Lille of aoN dip a she Saw gM1J Of IN aeaatelanN 1p" ts$ gn,%J.jao of she Sotda haniaDe- fen ""bleed la ub-Aragn p (Al (31 ata 01 of !arssnph 1 M,e1e anlertaksa so the • Part of the 40004F, gad In ansa the My of Aiwa motiles title to the "so Pea-.1s , ®- der The axwri,l+as haeaf, %to tale at cold Ut1 She1s to aubiaat to Lha ISOs mtttleng rsstrLatives amt nurra:ioao aentlowd a„t 411'ribed in 344-onng";e (Al(3)tHl and to) of Pong"ph 1. ehlrh 3,h-.earogr0011e agora 01 duOAss the alit' of Amsa shnlA ggocDe 1g as" it takes clue to vela Prealwas enter the Large Larger. II- IS 23' -11W the 9191& of the 0Cua%1. in and to said onesriles. Coats ata ta w -oleates edsr the ovavlalaat of this leatrsssno. but the QLty of Asasa does trot tab title to the out and moa, ago agtun, end eaafeel the eblL;etleca Lewin gat fert7., w In the event she 1191 of Ansa at s,y tiae.after ta'algg title to said paoelse, e6ar'the s"we hereof, Ogees to we and 004opy said premises for LM pgryes of anintailks Charges g Pae112 health clinic acs/ar aeases to a the alae as its heaft6mors for the • d1Spblrgs of Its dwlgW relating to PgbiLO health and/or abe0dcn, Rip of pplg preParalge or 90BwLts thea to fall lata disrepair or shone and/s, Salla w omits to o,rry ant as Ob11ge010318 I"wed upon the JOn,sy.in Sub•faeagrgpho (A) (s) egd (ri Of roaagraph I hara0f, then and in the% Gose. tion the heP9ealag of any of W foredolag. the mid or lees berelabere" dgagrlbea%Dgeshsr With all ha11aings eta equtpant tbsrwn 0nd an lopmTemsnts. alterlti0m and addition, tbenge, and all eWMweveaew the.&. b@1vgSLgg • an gall as all Mccltlaa Sed treat fM6 held by the Prwtaas ®der the toren of thin LosteScant, shell WreuPOn laasalately revert and peas to uUMM 9. V')Mar, aoiwN 7039MG A30 1=2 Yj==. Share and ahem alike. or to their halve than auerlvir g, pG- oording to the leas at soaoaeslaa than In fore in the State of California, to he thalre absolutely and fownT. I. lITa2 fs1TAAtt33 t =at Jdumn. Srastes. bereia No MY DNJLAM that It holds Ln truss these uartnla Securities hanAnefter mesorlbld and the title Lassets. ereaa- famed and net ores onto it bJ the Granter, Which ,aoorltiee an 4990rdaed as follows, fhrsa First MM&age-SIX Pea Gant (6¢) SSgkLM Fend 0014 B04U of Rindge lend e • Navigation Oompaay in the per onewat Of One MOURGUA ($1,000.00) Dellara GSA, principal due it January. less, env, ablate said Banda ore P08POetlVOLy centered as follow,: a 1g03, Y lsa6 g 18D7. 1LL. SAID rBCSTHH farther dealeraa that it Dolle Certain other eaganitISo and the title thereto, transferred and at over to it by the baits of ICATH a. VOSDDdg heralnbefon named. ohlah Soaur101eg'ere dae.rined as fOilewst fast Certain Ac"058 and the note accused thereby in the Principal amawt of $10,000.00. said fartpgs Covering Trot 84, In Block J of the iellaadee in the alty of • Se'.ta mnlea. 0a20ti of loo Angeles, State Of Oalilurnka, as Per nap recorded Ie Book S. Pegs 92 of Dope, i" the office of the oocaty Agavrear Of amid 001109y, Welch veld SCrt- ;ege tsars the miglnal data of January s. 1927, and was thersefter weaccae 00 Febrmry 7. L927. In Book 6047, at cage Hsi of the Official.Hacords of hog Angeles County,Oatifor` Sit, In uhiab ge l,gregaaAeA{SiP H. Y01N, a wide, aPPeare Os tie original wast;age end wui,e S. 11m Hail. Darien sac Neil 3aish, Sayre Hae gall. Roydo, rogbtirg. Keith Vosbugg. • HyrsgV 3. VOObOrg effi tfabal,h. Ohilbug gfor end durAOg her mtrral life, With the rsa010A- ' at over to 'MIfll 1 0391MG ANDD CRAY g. VCSBMGI e90emr DO mvtgagem, het who have as- ilgma aitho,t re000r,e to Aiwa O1lel*. toaesher with all rights Of Aetna Mink In end • to salt mPMGge eta m egeigat the original wrCgegor and any end all other, Penang %be . era ar any be liable on the mets or far the dsht sewed by eels nortggge. SII. If Is WUMT SP rMi'lo Chet all of she foregoing ato"Itieg herein=Uateeted ("cat"ing of the first grasp trenefarret nod Set over by the araatw to the Prete@ u aell me the ,wont gregP tre.aferred nod "a Over bj the heirs of SAPS S. a MUM to ohe@oStea, the ban gooses gagprlgdag the Sggregate Ines FWI.Shall be and ere hold by the mid i1n tea coca the OOndttices of :he falueLgg ezpnae %n et, co-wits (1) ahwlug the ooatlouegas of thin trait she Irgetea @bell hold and poe■eaa the aagwrltlea here Lo enn,gresal and Shell frog clan as Dias, end An re erect less fregwrt• 'e • 17 than gnomes uenuallS, ;gy the %=ty the net iwoaa tharaftrna. to eats the DLtle Go the preperalae hgrelabafere ""Mand sne11 Spon a bleeds at the eer6ADlen, atage- gOeat by to, OGtmcy, page ,o 00 Olay of Amo. than Sol Is 8006 great, end .. Anne an the said Uty retelm tlnle to Sold reel PraPertlea ander end tr views of the cesv Of C � ' "T.,r '-,:�:•-^ sun l..f., - � � . lit LINGO this Instrument, gee fa1f11141 LW oa:Littl*M tnemof, nil Crease. Mall am, :br'Wt taao*S Itrtved ties, snit Mut to Me :old Sty at 1110 latemels. . (81 M1 SA1D T.MSfft shat. be oral the as" is hence NUMOrts" er4 tm)wGrea to em` . 624114 Loll, 4e491640 mad ua4oa"oiled dtsaretlos 16 the management ow +ont"I oL SM meaarltlea hemin snmamhd ft boing maarefta, to it ander the teras barter. en in tv ma"IAZ Of ay of Cala 14lmrLL115 Sad the M-IUt USS of the pro"ed* thereof ad/w OC the income "pip" face Sy of the soma. It Owing the Intention of this Instrument to pin end grant mesa the said freatee tall and ooaplete .mage, and tentwl AVor the nil deaspitl*S In aoaord *wish tht fest herein mounted, Smd thus ,.be maid trustee shell be Cabjest to no Liability mhetwosret except top the sexual" of sed tedth So the had- ling of oAJA .tuft Wad, without in any way limisieg the geusralLlp of may ed the tonao- Ing. 1416 9=8160 SML be mpos t. .• in) To 6ternas shot is Principal Sm/ar 1=m =1 TAI" and/or amount eel/er ap- portioznlmt Paring. (b) TO held and regain es ted 0161 of the trust Soto" - mal 'ego/ar Imrmoml 7mPWt7 avapmdng and to Compose said truer tar tech time as the treat" • ANY dam edvisebla end without llebillty too AN, bolding and wtolntngr elthougb mat of a nature Felmiseibla by tem far trust inrees"ars. 10) TO COWRY all or Nay stook es foil"m: saderead In bl"gr,or in its ledlvldml no" (by rete"lag to the trust amber) or in she res, or one Fault, me At, Im,,ge Any ale". (d) _Ta role all stocks in Cash Number as tj,a trusts, may Cleat; to Del an stook o"ma"nts ant stockholders' liftnuw • fief from corpus; to e14m16e stook rights, Including Foreho" of otslk oat of sets=, and to hold all atmks so parch"ed as a aerpam. (e) To make, at the risk of the trust auto", such disposition of axomiti" oro the emotes ,s7 aeem advisable, In the agent Of amrato. ieaaolldetioa, dissolution, re-arAeminelLOp, Or other adjbeament of capital Lunde ar icmebted"". 181 ?he twee em erpane" of the Trustee em timed as f,nowst (a) 'Far Accepting this treat, #50.00; (b] For receiving end d16bwmSnS income tram Laveatmamts hereunder. $00.00 pap Ona®, aenpatod be begs—Ln; at Me time the Pruet is made &=toll" by the tramefer Of the gemritiee samtigned heroin to the 9MOICA. And (e1 R"atnable oompen- • motion for mervlces top which fees are Cat heWCin ffxad. 14) IN 93g S"M the tLtle to said r.e1 property heminbefors desorlbed, ren=ts C#& page" under tae Nam hereof to J11SW 3. VOSSURa, a0nW V0980H0 AN,) 13LtH MBVW or their helm, ander aha teres barest, user ahs alternate eemitisnamntioaed bomin,thm oro in Chet Deno the trust heroin *rental shell Cases em terminate and the Trustee shell 'harangue, Immediately trust". JQVoay use deliver the securities sn/m proportion then held In NASA treat, end 011 of ghee, to W-Uy e. VOUMS, DUD= dOMMM ARD XZLIK MMIR0, she" oro share GUM. or to their helm sb® et?'viVtng, ae,.ramg to the ]ama Of Suggestion teen in fore in she Sesta of aellfomla, to be theirs absolutely an to,Nmx, IIIc. IT 11 FURIBER UUD33StJOD tort the bacredato frust Foal heroin ametal and men• voted to the framt*e 16, in ted areeaim of the bent Judgment of a" the parties bawls, aeloalstee, and entlmted to the suffloiert so aroVide an 1=ome of eppm ,,imately ago Hand- - red (8300.00 Ballets per month as hewSmOaf"e get torth. Although an income in StIA asmmt. Or Any lmome,QerivM or to be derived from geld gross fund, is act asrrzatad, or sarantoad by any of tot pArtle8 hemta, Car shell able Agreement or the o*age7eneewhara16 • sada be madltiOnod in OPT sLae CFto she realization of weld income " an7 immam iron dela Trust POOL. • YIP. I1 I3 FOT91@8 VEMSTM AND AJULW that the payment into Am. augmentation of , the host Funs hareiabrfA m motional AY MMIRAY S. VOSBMQ, NOVON V03AVR4 AND IMM V03- 80114, R" AN heroin "s forth, to In foil acqulssesee of any and all oblfgetima of LMddf 8. VOSNUM, ROtD08 POSBVRO ARD MKIN VOSS=. as sell to oft AL0_HAY 8. TOSBUM AND a It"W11 7033M Me ar"atep, of the Nestle of 10,13 S. MUMS. 60ct"ed, ant also of the KAPL S. VG3SVhg. 9STaS to of In rev" of the Asuss 01161o, ender she will of X= S. TOSW=, e"s"m6, or a23eLOg 061114111m. and chat the Parties te thLO }nets"ant, cls: the Amps alida. ped County of Lee Angeles. and Che Olay of lass. shell and do by their sips Umax hewta. "Image Rod ft"Wer lischom the asset* of R,yb B. MOLOB. 3messed, • 404 29=3. RUSIRC AID x0[703 VOSBUg6 an emmanto" of maid "sets,-and 14Mkat S. - . 103313W,ROOM V623M AN7 MMI VOS.iM re owmenting the kelre of Mid*Steps, from ay. fed ail iiabLUAl". Sla1m0 and damns at Mir sort uhatemmur AMALOS ttthree& "CrINPU g '4v ' r<::_�'0 - ,�,6 x�t ^�, .. � r�ue �'^;�s .�""�n 1'`!inw F+•AC{,, ,,,>.,ry."�"1'd`$4':'7,r.E "�r't,f t ' ap of smy o. ilio 100OWem Of %be It.l of ata [).TL 2 ?BUMS and/or 0217 A4, er "'.94400 made taenia, W +SNn1N erMA6 or*sawing. 19. f3 dtd7177 2"W. Lha ofaeabr het asatet tete 4nstruaest to be emastaa sZ 118 202 1,wat a" 144rttar7 tho"Unts dale astborlmd by Alvalation of its asset O rost'sea, and the 3aaaty bM atop& thin L"trumat to be vnMma aateg ej the OirII of its Saeid of S9osrriootr themunte da17 enthorimd. by Rmolutiw Of sold Board of StyareLors Gad she 0ity at Ismas woes this Lnstlntsat to W esam 'A ted by'1Tajer em 33 t1'a 31ort thereunto-lute nathorise& by amolutlan of the 4ounoli of said-3ity, ens the &wtes j hammuMIL this Instrument to be armamOL by its --, tharemte only outharlmd. all m of j! and on the dd., ns year float abuse rrtttan. 3$-88-81 ARUBA la2"0ssMuted and oatmmledged It .mrom pe of m By U.'3. ME= 1a :realdset Sj e. Vases" As 19 Awa CA"O (� lrameea Motley Nodd r An to Arms diiniO and By-Ji011OSLos ' 3eamtaty J) wnA7d atW l 3ee11 30UNN a LOS ANRSg..1S. Oeun e} Loaaa Aedelef e1' 138118Y y. baIJRPl, Jbe&rma M is Osm9y80tfY29 ADLelm of the Hoard of Suss am . Grantee) 1 Imo•_•--) dlfY OP AIWA J. by A. L. ifBILB, Mayer i .S well. is As to Lttyy of Atnm a.eerall, is 90 .149 of AuunO em By B. A. BYilgS r '•.6208, JSty Mark l0orporsts Swell PIR.:. IDSURAaJS A W= 40reANY 'a. A. Slnasen. By P. .:. 11ARS, Vise free. As on, R1ele Ino. 8 Treat Co. 3. 9tnanere; By J. L. SfB88Y FsaLtent Seeretery �! Aa to TSela dm. 6 Teabt 00. Pfruataa State Of lelafornie, Oaunty of :.m AVE8168)m • AS IT -30W that,oefoze me-Potery e4bito rLthln enL far nos Angeles Jomty,Jeatfosnlo. duly aemtsatamd and iuUIfle&,cbam per aunnLly aapmre&AV.l&Al 3. lOSHURO Md J. a. '11A R8 to me personally known to be the Pmaident and 3mrstety rea"atively of she tame Olinia, the oarpomotw areaative the wi Cela.LaetrvtMai, and to m Liman to be the possum aha "amuse& she within Snetrn Mt an behalf of said Oorp0m Llea and 006oeledga& to m tbet amid ooagotn:LOU sweauted the I iI l..-'.33 .g;3RY0a, f have hereunto set my head e9a offiLiel seal eLibin Loa �+ Angelem 3mnnty. 3d11fornla, an thio 10 day of aamaber. A.D., 1981, 1 1309usSol Seel) 080.463 8. ASIw Dat Publlm Sa and for Yea Angeles flaunty. Oailfemie. lly aoa. Grp. Boy. 80, 1880 state of ImAlforoia, OOunty of Loa AnZelee)as Bi I2 KOM that before mra Notary Pablda within ml for Lpm Angeles County OalIferaia, dnly mmlMionad one gmllrie&, there peasonBUY appeared A. L. L=3M AMD M. A. 1111169,4"L U 208. Hnoap to ea to be the Mayer an& Olty alert reopeatLvely of the city of Asma, the —101paLlty Lent emautad the eithla twtsoment, and :neem to se to be the paraam oho amounted, therithtn iastra- mna M behalf of enid muniotpelity, and satnomledged to w mac 8611 municipality atmated the cam. IN 111HAS3 BR MjF. I berm baremto set my head and OTCLeial 9061 slims sae Angeles 4ounty. Oaliformin an this 30 day of December, A.D., 1881. .LoOstAA�led Janaty, C"Lforoia. My mom. sap.,NNOOy 830' ISM M. 9SIER. Sotery r¢b11a State of Oalifomia, :0=t7 of We Angeles)m On thin 18th day of A+eil, 1932, bafare W. ARGUE BSSD9RSO8. a Homey Public in and for mid looney, pereomlly a7meered P. R. O ' JLARK, knout to m to be the VIOL Presldeat an& 0. H. MARY. kwat to me to be the Amulet- Mt Smrotary Of Y1PL6 IDSU RA303 AND 211131' 000PASY, the oarpomtlem that assented tbd fore- going Smtr®amt. en raastaa as theasfa same. Imo® to m LO be the person 101. empated 0 acid Lmtrwsmt an behalf of the o0ryomtioo theastn mese&. enfl'eokaea]edga6 to m that such 30r2adwtLCb amcntt& the sem as enah h=iss, IIPRf9S 4 hand and offLctel reel. (0aand fo 90617 m AIIOW BdaD>ASOB, 8otory s'ab1LO in oM Sor said Jobnt7 and SLaLe. State at Calflotade, OM"q of Loa Angelsslas B6 If MOO that before M. 1. S. LLWATOM !. OoanOY OlOL7t 1n and for Las Angeles 06awty, California. duly aammlasLoMd effi quellflee. !� them seasonally aypeered HISM7 S. &I ME, knees, to a, b be the Ohalzmem of tra.Beeed 02 9apesvLensa ot.Aca Apgalea OamfyJ, California. the Oamty that embated the within iII- O stsmooat. and twan to we 00 be the pers9II who sfabuted the within Leatrment on bebslf Of Mid Onmty, and ealmomledge& to m that said Oamty M Muted the sem. LB I ffiM homayto eat toy head ane offialol MmmL within Los Angeles - O"Der. ea2ucmla, ea this W day of Somme". 1931. P • {!everter 3own seaLl Les!teeter�qs County. 3amsy 44-ft BY mm S. b"tti. aolqv 3.*1% untamed as Deed IM Doolaratiso or treat MA l"A of sale. W'z"jl Jr 'a' "M 0-* =733WISOR9 Q? -M: JOUZZI Of -03 AMZ;.=. S?ArZ CF :jzrSrSLL. KJOAT. 23710oze. satu, 3.921. -air Board gas In 23unur 8SM&M. mpowl Supervisors asu-i a. -atgft. D'Ifted. PVMEdIuz, Ruae A. thatch". Frank L. Shaw. r. Dom Xohargay, and jobs R. qulta, H. lowtaft, Cork hT Daae S. BOOM, Dsputjp ]lark. ffi R1 20028 EVALS DEPARAMIRS A Cost and dolvarg.lon of "not tq and A-INP21333 OF DIED AND DS unrtal dy I Zan". j 02 AZUSA M'Irm PRO1 ft b9egI@ft AaNM 01112". Starter, the 0OnOy -Of &M AA941,94,arbatoo, She 31W Of AM&. 3 = CEO=. end Trna "TMLAZM & faWf OMAN. 12112tON, Vblr&bl Mid greater amort to gold puflor • subject " Mvensurgo. "etriations. "I"LLI'L002 a" "Mtio= Cautioned in gold sees and declaration of treat, Certain mal propom doscovitat as taiams: "So ea' 24' ZZ' 26 and AT In Black 77 It the DIV If Ate&. 10 the CO W at la, Ag- • gold&, as PW Book L5, jop Sir- 916 at Miscellaneous 64alr" Of Data 1104 AWROIOO 0MR10'; PAGether with III OPPIrtIMSOM thr tO belonging set 01, adild1w, TtxM1NWO' fczais&Lvv Ot"mat' Me el""t there= 0U6.th&N@at - is PMOnt0d. Md an notion of Supervisor 2b4tchar, 'Lull carriod.,it In ordered that Said dead and AMOLovaLlon of treat be a;;."afi. and &Casptea by this Board, sad that the ChstmKi Of this board be authorized, and direct- ed to VZOO110 MCH, is behalf of the County of Log Angelos State of 3alitclate. COWIV Of LOW-Angslos)SW 1, 1- Y. LOWTON, County Clark and vz- ofrL*ta UNIX of the Board Of SOPOW"901M Of 9014 QJU1WbY. its hereby Notolty that She fore- going in a full, trail and correct =Py Of the Original Ulnut" of the anva or supev;maomi as enter" Am 31111009 AQVIC X9.176. mean 33, In me 3=22 UJAM A.AaBDW. ACCUZAgag or DZEW AND DZC'-'RA910N OF 2A022. "ITETING AZUSA j1I%lC 4W012r; FXIMYRAS ju[p aMpum rg -IOMnT OF 1-09 ArIGRLES FOR USE AD 3ITZ F02 WULTH 421M, and that I have Mr,faily cowar" the so" With the Original. , i I t" 11J0W3 MMMor I have bargootto net my hand and 8fft"O. the 6081 of the Board at SUPWITIMNI. this ath dry or jauM17' 1932. • (Baborl at Mervisom Seel) allt �Otfl 0 Clark Of She Board at Superns S. "WROM, Cannot Clark California. vre or the Jamey 148 #M41"'nete of by RACE B. a 2F., Approved as t. mom HViREft W- M129000, 00111tr Counsel. by J. H. O'JCHaUR. Assistant A4japted by Board of Sapswisar, Ban. 9B, 1931, ULnutog, 101. 176, gage S3 ML pepy Of al "lWdsd at request County 3ovnMI pr. 9, 198E at DO.,P. H. Pi C.L.2"un, County Recorder. Xv *;;, 9j/f7 I.Poty a - M.M. eggs---------- Don't US,= ;z'FIN 29P.4 oar M i"FOM iff1j, zovs. AMAW by Deed of r. t. acted AXViI 17, 1931, sad "%*.do'& In the office of the QaMty "career Of 199 ADIRIM OPUNINT, ftiltsenia, in DOOR 10,921, at 2W 95 of official R.Oards of note 002M. aJLRSVUZ 2- CAME AND VERES 0. JAWAUR, husband and rwilgo as partlws of the First 2"t.th"win COUM04 the mai property 4.6.scribed therein to the NATIONAL f1W WMA"Ja acAL-Any, . aucpamtlon. as fazAr of the Second Part therein. In trust to "cars once; atboe thftp the paycanob to the "'Leralgood., MJMOSAL MRM JOR • - 20RAITOR LV AX3RJCA of 148 Angeles. 0alLforni., as Party of Me Wol.Garb in Said Dead of TrIat Of the PICOW180027 note therein referred to with Interest thwase, aciarding to its Name, XGfWeMM W Which said good CC frost. MA said record thorwor,ma the Sam note, being bvraby Beatifically weds, and. MESAS. default has None ends in the ;.ym=S of Said =to and inure. awardum -tg.&tO true. and OW carmat has exte"I. for No" that tMte.montho, sad still ongoLnvas. Md. the undersigned 24 .the beattLaimmy eager the trust ovassaa by "M dead of treat, am to so eatitive. out Aestroo, M be" test Lead at Prat enforced avabraing to its Samoa to ffacgr* the P*rfcvw * of the QUILauvion for which said Dead or treat to security. sea to satistr said ablAgation; M2M`201?021. Mid" is brewer given Pursuant NO the DiaviaLwas of Section 29M at —.21he dtrilands of She 3MM of 4&"tCr;L&, and raid Dos, If front in that babSU COWLSIEP ed.. SO 361A frusturs, A" to an helm, legal r,wevantau"M MA ou mmma in 'Meg"% if 807.. Of =14 ftOM=.-and to 01I persons interested In sold jwoporty. In,ohm able aortae NOW -0a =. that a bVMGh of %be ObIlastion fW Which said dead of trent wor given r �r CITY OF AZUSA- MINUTES OF THE CITY COUNCH, REGULAR MEETING MONDAY,JULY 21,2008—6:30 P.M. - The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium,located at 213 East Foothill Boulevard,Azusa,CA,91702. CLOSED SESSION - Closed Seas Mr.Albert Lanus of Lowe Enterprises provided an update on activities regarding the Azusa Village Center A-Lemus and compliance with Disposition and Development Agreement items. Lowe Ent - The City Council recessed to Closed at 6:34 p.m.to discuss the following: Recess BLOCK 36-CLOSED SESSION Block 36 1. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec.54956.8) Real Prop Neg Address: 152 E.Foothill Boulevard,Azusa,CA 91702 152 E.Foothill Agency Negotiators: City Manager Detach and Assistant City Manager Msksbanoff Negotiating Parties: Bank of America&LOWE Enterprises Real Estate Group Under Negotiation: Price and Terms of Payment _ 2. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec.54956.8) Real Prop Neg Address:, 100 E.Foothill Boulevard,Azusa,CA 91702 100 E.Foothill Agency Negotiators: City Manager Detach and Assistant City Manager Makshanoff Negotiating Parties: LOWE Enterprises Real Estate Group Under Negotiation: Price and Terms of Payment 3. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec 54956.8) Real Prop Neg Address: 614-640 N.Azusa Avenue,Azusa,CA 91702 614-640 Azusa Agency Negotiators: City Manager Detach and Assistant City Manager Makshanoff Negotiating Parties: LOWE Enterprises Real Fstate Group Under Negotiation Price and Terms of Payment The City Council reconvened at 7:30 p.m. City Attorney Carvalho advised that there was no reportable Reconvened action taken in Closed Session. - City Attorney Mayor Rocha called the meeting to order. - Call to Order Michael Fuentes Jr.of the United States Army led in the Salute to the Flag. Flag Salute INVOCATION was given by City Manager Detach. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present- City Attorney Carvalho,City Manager Detach,Assistant City Manager Makshanoff,Police Chief Garcia, Public Information Officer Quiroz, Director of Utilities Hsu, Assistant Director of Water Operations Anderson, Director of Recreation and Family Services Jacobs, Administrative Services Director—Chief Financial Officer Kreimeier, Revenue Supervisor Cawte,Finance Controller Aguilar, Director of Public Works/Assistant City Manager Haes,Tierra West Consultant Ometeott,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr.Mike Lee expressed his opinion regarding the following: Citrus Crossings;voter registration; M.Lee City election next March,and stated his is in favor of Jakes Hot Dogs receiving funding. Comments Ms.Carolyn Echeverria addressed Council expressing her concern regarding the curb at Zacatecas C.Echeverria Park and an alleged fall she experienced. Comments Executive Director of the Azusa Chamber of Commerce Irene Villapania addressed Council and L Villapania introduced the new chairman of the Board,Anthony Glassman of California Amforge. Comments Ms. Louisa Miranda and Mr. Art Ramirez addressed Council stating that the Azusa Times L.Miranda Remembered DVD has received an award from the American Association for Stale and Local Comments History which will be presented in Rochester New Your on Friday September IP; she solicited donations for the trip and provided her number as follows: 815.2633. She also advised that the DVD could be checked out at the Library and also that Azusa Pacific University will be extending the project. Ms. Peggy Martinez congratulated Max and Martha on the successful grand opening of their p Martinez restaurant at the new location; she questioned the crossing guard agreement savings by Comments outsourcing and asked how the funds related to the DARE program. Lastly,she stated that she is in favor of Jake's receiving funding. Mr. Art Morales addressed Council with concerns regarding the pharmacy at King Ranch Market A.Morales area stating that it is important.that there be no interruption on receiving prescriptions.He stated Comments that there are other businesses in Azusa that would like to receive grants from the City,other than Jakes; he talked about concrete issues on San Gabriel and addressed the warrant register stating that the public benefits program could be used for free swim. Mr. Al Martinez addressed Council in favor of giving Jakes Hot Dogs a grant, stating that they A.Martinez have helped him with advertising;employ Comments p g; p y youth of Azusa and are an asset to the community. REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates City Manager Delach responded to questions stating that the City is placing a parking lot in the downtown City Mgr area at San Gabriel and Sixth Street. Chief of Police Garcia responded to questions regarding agreement Comments for crossing guards stating that there is a small savings by outsourcing; the program bas always been funded through general fund money and the DARE program was out a different fund. Mr.Delach noted benefits of outsourcing and stated that the company has offered to hire existing crossing guards. City Manager Delach responded to questions/correspondence regarding Foothill Drug stating that they City Manager were paid $550,000 and signed a new lease for $1.00 per month and were offered extension as other Comments businesses,but they refused They have been at the location for 19 months and recently paid back rent up through July 31 st. There is a need for the city to gain control over the property by October 1"in order to transact with the company who will be utilizing the area;the other businesses are leaving but Foothill Drug has chose not to cooperate. - PUBLIC PARTICIPATION(CONTINUED) Pub Part(con't) Mr.Kakui Law of Foothill Drug addressed Council stating that he is being ordered to vacate the premises; K.Law an extension was denied and he was given the final word on July 9° that he has to vacate by July 3l°. He Comments stated that he is in the last stages of relocation and needs more time in order that there is no down time for the pharmacy;he stated that most of his customers have been going there for the List 22 years. Ms. Debra Schaide, Manager of the River Community Program, addressed the issue of Foothill Drug D.Schaide stating that she has been working with"K"For twenty one years and they fill all of their orders. Comments Mr. Thomas Miller addressed Council in support of Foothill Drugs extension; asked that the matter be T.Miller continued to allow time;and stated that this has not applied to other tenants. Comments (The remaining comment cards regarding Foothill Drug were continued to the end of the meeting as public Continued to comment time expired). end of meeting 07/21/08 PAGE TWO REPORTS.UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF(CONTINUED) Reports(Cont) Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to Proc Korean approve request for a proclamation for Korean Armistice Day to be presented on Sunday,July 27th Armistice Day at the Veterans Monument in front of City Hall. Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Carrillo and unanimously Proc 60'^Wed carried to approve request for a proclamation for Josephine and Michael Gonzales celebrating Gonzales their 60th Wedding Anniversary. , Moved by Councilmember Hanks, seconded by Councilmcmber Gonzales and unanimously pro,CFC carried to approve request for proclamation for the 7th Anniversary of Christian Faith Center, to Church be presented on July 27 at 11:00 a.m. Moved by Councilmember Gonzales, seconded by Mayor Pro-tem Carrillo and unanimously Cert Relay for carried to approve request for certificate of appreciation to Robin and Edith Russek for Chairing Life Group the American Cancer Society Relay for Life and certificates of recognition to the Team Captains in appreciation of their participation. Mayor Rocha requested information regarding the need for sidewalk between Roekvale and 5th Rocha St.,on the south side of Alosta. Director of Public Works/Assistant City Manager Haes responded Comments stating that he has been working with the County Supervisor Gloria Molinas office to help design a pedestrian bridge to go over the wash and it will'be cost out. Mayor Pro-Tem Carrillo congratulated Max and Martha on the re-opening of their restaurant; Carrillo noted the new stores at Citrus Crossings(Foothill Shopping Center);and reminded the public that Comments the river is not an option for cooling and the City has cooling centers. Councilmember Macias stated that there are not enough trash containers at the Citrus Crossing(Foothill Macias Shopping Center)and asked if the red zone in front of Max's can be removed to accommodate additional Comments parking. City Manager Delach responded stating that he would refer it to the City Engineer as well w the bus stop across the street for additional parking. Mr.Macias announced that the City of Azusa was ranked in the top ten cities for increased assessed evaluation and thanked Sister City for another successful Youth Exchange Event Councilmember Gonzales asked that the meeting be adjourned in memory of Ruth Hernandez. He referred Gonzales to an accident which occurred last week and asked about the possibility of a Traffic Safety Commission, Comments Councilmember Hanks announced that the Metropolitan Transit Authority Board will again be considering Hanks the issue of placing the Gold Line extension on their long range transportation plan on Thursday,July 24 Comments and encouraged all to contact county supervisors to let them know we want the Gold Line extension placed on the long range plan. Be talked about the proposed sales tax,the current proposition I B money,and the opportunity to go for Federal matching funds and options for use. He talked about the projected increase in fuel tori and AB 32 and suggested a workshop be held to discuss options. Mayor Rocha requested that the meeting be adjourned in memory of Al Prado;reminded all of the ribbon Rocha cutting for Phase H of the San Gabriel Canyon Gateway Project on Thursday,July 24°i at 5:30 p.m. and Comments invited all to the Loan Fundraiser at the VFW on Saturday,August 23`";all proceeds will go to the Military Assistance Program. SCHEDULED ITEMS - Sched Items Moved by Mayor Pro-Tem Carrillo,seconded by Councilmember Hanks and unanimously carried that item Motion to fwrd C-2 be brought forward for handling at this time. item re: CIC PUBLIC HEARING — REQUEST BY COVINA IRRIGATING COMPANY (CIC) THAT CITY OF Pub Big: AZUSA ADOPT A RESOLUTION CONSENTING TO CIC'S USE OF EMINENT DOMAIN TO CIC Reso ACQUIRE-A PERMANENT 10-FOOT WIDE EASEMENT AND A TEMPORARY 25-FOOT WIDE Consenting CONSTRUCTION AND INSTALLATION EASEMENT, BOTH APPROXIMATELY 400-FEET IN Use of Eminent LENGTH, TO CONSTRUCT AND INSTALL A WATER PIPELINE ON PRIVATE PROPERTY Domain WITHIN THE CITY LIMITS. Director of Utilities Hsu addressed the Public Hearing providing history of the canal and stated that in the Dir of Util Rosedale Development Agreement one of the conditions was to put the canal into an underground pipeline, Comments which has been completed and the next step is to continue the pipeline going north. The most viable, economic way is to go through private property which is the subject of the public hearing;CIC has been in negotiations for almost two years with the property e"em/HOA. He stated that Council will be considering a resolution to consent CIC to use enrinent domain to acquire the easement. He responded to questions posed regarding property through Pioneer Park. 07/21/08 PAGE THREE The Mayor declared the Hearing open. The City Clerk acknowledged that she possessed the affidavit of Hrg Open mailing notice of the public hearing. Mr.David De Jesus,President and General Manager of Covina Irrigating Company,Applicant,addressed D.De Jesus the Public Hearing stating that they held a town hall meeting to respond to questions/concerns, have Comments continued to negotiate with the Crystal Canyon Homeowners Association and provided and received another proposal. He responded to questions posed regarding number of customers impacted. City Attorney Carvalho responded to questions regarding the process. At this time Mr. Mark Sanderl expressed concern regarding noticing of a construction project on San M.Sanded Gabriel Canyon Road by Ken'Dtompson,htc. Assistant Director of Water Operations Anderson responded Comments to questions posed noting the process for closing and opening the ditch and clean up work It was noted (different issue) that this was a different project of the Azusa Light and Water Department. . Mr.Art Morales requested additional information for the benefit of the public and asked what the project A.Morales consists of and the elimination of the canal. Comments Moved by Mayor Pro-Tem Carrillo,seconded by Councihnember Hanks and unanimously carried to close Hrg Closed the Public Hearing. Discussion was held between City Attorney Carvalho, Councilmembers and the applicant regarding Discussion concerns expressed regarding repairs to properties, if needed, during and after construction; CIC bad delivered a letter to the Mayor to address such concerns which was made part of the record as well as the - letter from Palmicri, Tyler, Wiener, Wilhelm.&. Waldron, LLP, which objected to the adoption of the resolution. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING TO THE USE OF Res.08-061 EMINENT DOMAIN,PURSUANT To CALIFORNIA CODE OF CIVIL PROCEDURE,SECTION 1245.310 ET Consent to the . SEQ., BY THE COVINA IRRIGATING COMPANY TO ACQUIRE A PERMANENT 10-FOOT WIDE Use of Eminent EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND TO CONSTRUCT,INSTALL,USE, Domain INSPECT, LOCATE, MAINTAIN, OPERATE, ALTER, ADD TO, REPAIR, REPLACE, REMOVE ANIVOR RELOCATE PIPELINES AND RELATED FACILITIES AND CONNECTIONS NECESSARY OR CONVENIENT FOR COVINA IRRIGATING COMPANY'S,OR ITS SUCCESSORS AND ASSIGNS,USE OF THE EASEMENT FOR WATER TRANSPORTATION AND FOR ANY AND ALL OTHER USES AND PURPOSES OF COVINA IRRIGATING COMPANY AND OF ITS SUCCESSORS AND ASSIGNS, AS WELL AS A TEMPORARY 25- FOOT WIDE CONSTRUCTION AND INSTALLATION EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS TO CONSTRUCT,INSTALL,USE,INSPECT,LOCATE,MAINTAIN,OPERATE,ALTER,ADD TO,REPAIR,REPLACE,REMOVE AND/OR RELOCATE SUCH PIPELINE OR PIPELINES AND FACILITIES, IN, UNDER, UPON, OVER ACROSS AND THROUGH (SHADY OAK COURT AND PARKING LOT) PROPERTY OWNED BY THE CRYSTAL CANYON DEVELOPMENT HOMEOWNERS AND/OR CRYSTAL CANYON DEVELOPMENT HOMEOWNERS ASSOCIATION. Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCHALEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CONTINUED PUBLIC HEARING — RESOLUTIONS ADOPTING 2008/09 FISCALYEAR Cont Pub Hrg Fees&Charges SCHEDULE OF FEES AND CHARGES. Administrative Services Director—Chief Financial Officer Kreimeier addressed the Public Hearing presenting the resolutions enacting the User Fee Schedule for Various Municipal Activities and Services and Development Project Fees and Service Charges, stating that under State Law the City cannot charge more the cost reasonable home far providing services. He stated that staff will be analyzing the development related fees due to the change in operations and economic conditions and return to Council with proposed adjustments at a later date. Councilmembers asked questions regarding the following: Oxygen System Installation, Senior/Low Questions income for Dog License;Lifeguard Training class; Golden Days Special Events Two K-Run suggesting subsidized cost for large families; late payment penalties; Armory Fee Rental, and Public Art/Public Improvement Fees. The Mayor declared the Public Hearing open The City Clerk read the affidavit of proof of publication of Hrg Open notice of said hearing published in the Azusa Herald on May 19m and June 5ih. Mr.Art Morales addressed the Public Hearing asking what the actual cost were since they have not been A.Montes studied for years; why did they increase the fees before the study;is it a public study;what is the end result Comments and what will they do with the money? 07121/08 PAGE FOUR Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to HM Closed close the Public Hearing, Mayor Pro-Tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA. CALIFORNIA, Res.08-059 ESTABLISHING A USER FEE SCHEDULE FOR VARIOUS MUNICIPAL ACTIVITIES AND User Fee Various SERVICES. Muni Svs Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCI.MEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMENIBERS: NONE ABSENT: COUNCILMEMBERS: NONE "Mayor Rocha voted no on item$43 relating to Golden Days Special Events,2K/5K RunfWalk: Youth Price increase. Mayor Pro-Tem Carrillo offered a Resolution canted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res.08-C60 ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES AND SERVICE CHARGES. Development Fees&Svs Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Hanks to waive further reading and Charges adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEvMERS: NONE AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS (NIB) AND REQUEST FOR Painting of RR PROPOSALS(RFP)—PAIN77NG OF RAILROAD BRIDGE ON FOOTHILL BLVD. Bridge on Foothill Director of Public Works/Assistant City Manager Haes presented proposal to paint the railroad bridge on T.Hoes Foothill Boulevard, one proposal bas the new logo design and the other had the existing design. He Dir Pub Wks responded to questions posed regarding costs with($50,000) and without logo ($30,000), and explained Comments why the cost was so high. City Manager Delach responded to questions regarding proposed budget cuts by the State which may he City Manager passed on to the local cities, i.e. COPS Grant, dispatching equipment, meth lab clean-ups, and loss of Comments Redevelopment Tax Increment. Discussion was held regarding the issue. Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Macias and carried to approve the NIB&RFP updated paint scheme as detailed on attachment for Railroad Bridge on Foothill Blvd_,between Orange and Approved Vernon; authorize staff to solicit a Notice Inviting Bids(NIB)for the painting of the Railroad Bridge on Painting of bridge Foothill Blvd.,between Orange and Vernon,and authorize staff to solicit a Request for Proposals(RFP)for the painting of the City Logo, "Azusa" lettering and striping (Professional Service). Mayor Rocha and Councilmcmirer Hanks dissenting. Councilmember Macias requested that Route 66 be noted on the bridge, if possible. PUBLIC HEARING-ON AN APPLICATION TO OPERATE A TAXICAB IN THE CITY OF AZUSA Pub Hrg Appl BY CROWN YELLOW CAB. Operate Taxicab Revenue Supervisor Cawte addressed the Public Hearing presenting the application for a Certificate of A-Cawte Public Convenience and Necessity from A Crown Yellow Cab,stating that currently there are three other Revenue Supv taxicab services licensed in the City,two in City,and one outside the City;the current subject will be an Continents outside company. If approved,a background check will be required as well as a drivers permit to operate. He responded to questions posed regarding City Authorized stands,of which there are none. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice Hrg open. ' of said Hearing published in the San Gabriel Valley Tribune on July 10,2008. Mr.Pedro Ortiz,Applicant, addressed the issue and responded to questions stating that he has worked in P.Ortiz surrounding cities for approximately twenty years acrd will have just one vehicle. Comments Mr. Mike Lec addressed the Hearing asking how much in taxes would the City receive and if there is a M.Lee need for another taxicab service. Comments Mr.Art Morales addressed the Hearing stating there are too many taxicabs in the City. A.Morales Comment 07/21/08 PAGE FIVE Moved by Mayor Pro-Tem Carrillo, seconded by Counciimember Gonzales and unanimously carried to Hrg Closed close the Public Hearing, Chief of Police Garcia responded to questions posed stating that there have been complaints regarding COP taxicabs from Newburgh east of Azusa area by Las Lobos market regarding taking up parking spaces and Comments hanging out till they get a call;be advised that usually it's a transient type business. Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE Res.08-C62 ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE FOR THE OPERATION OF A Certificate of TAXICAB SERVICE TO `PEDRO AVELINO REYES ORTIZ AND ELVIA MARIBEL VB.LEGAS Public AVILA,DBA A CROWN YELLOW CAB" Convenience and Necessity Moved by Councilmember Macias, seconded by Councilmember Gonzales to waive further reading and Crown Yellow adopt. Resolution passed and adopted by the following vote of the Council: Cab AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CONSIDERATION OF A $25,000 AMENDMENT TO THE CDBG ECONOMIC DEVELOPMENT EDLP Jake's LOAN("EDLP")FOR JAKE'S HOT DOGS AND SAUSAGES,246 NORTH AZUSA AVENUE. Hot Dogs Tierra West Consultant Ometeott addressed the issue presenting the request for$25,000 from the Jake's J.Omeleotl Hot Dogs from the Economic Development Loan Program in order to continue operations at their facility; Consultant. be provideddetailedbackground information sunipi that they are previously received $80,000 from the Comments EDLP in October of 2007 and a$25,000 Facade Grant in Spring of 2006.The project was presented to a Economic Development Loan Committee"EDLC" and was denied for the following reasons: The loan would have no collateral;Staff was unable to ascertain the financial stability of lake's;operating costs or impediments were not identified to justify the requested amount,and the total City's assistance of 60.6%of project costs if the loan was approved would put the City in the position of being the majority's equity Partner with no return for the capital provided and substantial risk. The EDLC recommended that if Council should approve the loan that the following be included: a recommendation that Jake's secure other supplemental funding sources and that EDLP funds could be provided on a matching basis only after supplemental fund have been expended, and the City could disperse funds for expenditures incurred subsequent to the EDLP loan amendment approval. He responded to questions posed regarding the repayment of the loan which is deferred over three years as long as Jake's provides three full time equivalent jobs,the loan is forgiven and it accrues at 5%per year,in case the business is sold or he doesn't provide thejobs required. Mr.Bobby Moreno,owner of lake's Not Dogs addressed the issue requesting the$25,000 from the EDLP B.Moreno and stated that jointly with the City they have spent $340,000 on the business and could provide bank Jake's Not Dogs statements to that effect. He stated that he employs eleven people from Azusa high schools and meets required hours. He responded to questions of Council regarding hours of operation, financing through a bank or other methods,working capital,advertisement,and possibility of traditional financing. Moved by Mayor Rocha,seconded by Councihnember Gonzales to approve the loan to Jake's Hot Dogs, Loan to Jake's motion failed,Mayor Pro-Tem Carrillo,Councimember Macias and Councilmember Hanks voting no. denied The CONSENT CALENDAR consisting of Items D-1 through D-7 was approved by motion of Mayor Consent Cal Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried with the exception of Approved items D-2, D-5 and I16, which were ceasidered under the Special Call portion of the Agenda. Councilmember Gonzales abstained from item D-2 due to a possible conflict of interest. Min appvd 1. The minutes of the regular meeting of July 8,2008,were approved as written. 2. Human Resources Action Items were approved as follows: HR Action Items Merit Increase and/or Regular Appointments: L. Gonzales, M. Gonzales, R. Chavez, and A Nodarsc. •Councilmember Gonzales abstained. New Appointment: M.Vega,Police Dispatcher. J.Gasca,Police Records Specialist L Separations: M.Hall,Office Specialist II,and T.Doyle,Police Dispatcher. 3. Approval was given for the filing of the Notice of Completion for the San Gabriel Canyon NOC Gateway Center Landscaping Project as completed by Amigos de los Rios in the amount of SGLyn Gateway _ $359,793.00 and authorization was given for staff to file the Notice of Completion with the Center Project Los Angeles County Clerk. 07/21/08 PAGE SIX 4. The Indemnification Agreement between the City of Azusa and Covina Irrigating Company Indemnification (CIC) was approved and the City Manager was authorized to execute the Indemnification Agreement Agreement subject to any non-substantive changes approved by the City Attorney's office. Covina Irrigating Company(CIC) 5. SPECIAL CALL ITEM. Spec Call Item . 6. SPECIAL CALL 171EM. Spec Call Item 7. The following resolution was adopted and entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.08-C63 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS - Special Call Chief of Police Garcia and Patricia Poll of ACMS,responded to questions posed regarding the crossing COP&ACMS guard agreement stating that the"at least"with regard to pay may mean that they may receive more pay Comments than they were receiving; there will be training as part of the contract and hands on orientation and uniforms will be provided. Agmt w/ACMS Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Hanks and unanimously carried to Approved approve the agreement between the City and All City Management Services(ACMS) for crossing guard services. Martinez After noted connections in the connect and Council comments, it was moved by Mayor Pro-Tem Carrillo,. Concrete seconded by Councilmember Hanks and unanimously carried to approve the one(1) year contract with Martinez Concrete Inc., of Azusa for City-wide concrete improvements in an amount not-to- exceed.$250,000.00. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT wonejointly P.M.10:52 P.M. Joint item JOINT AGENCY/CITY ITEM CRA Advance REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY. ('This is an advance of$1,283,070 from the City's General Fund to the Redevelopment Agency). Director Hanks offered a Resolution entitled: Res.08-R32 Requesting A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING Loan from City A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. Moved by Director Hanks,seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilmember Hanks offered a Resolution entitled: Res.08-C64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Authorizing _ PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA Loan Moved by Councilmember Hanks, seconded by Mayor Pra-Tem Carrillo to waive further reading and adopt. Resolution passed And adopted by the following vote of the Council: AYES: COUNCB.MEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCIIA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCB.MEIvIBERS: NONE - CRA cont THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT Cncl convened 10:55 P.M. THE CITY COUNCIL RECONVENED AT 11:01 P.M. 07/21/08 PAGE SEVEN Pub Part can't PUBLIC PARTICU'ATION(RECONVENEDI City Attorney Carvalho clarified that the item(Foothill Drugs)to be discussed was not an agendized item, City Attorney it had been before Council at the last meeting,and therefore no action could be taken at this time. Comments Ms.Carolyn Echeverria addressed Council requesting that they reconsider the application of Foothill Drugs C.Echevenia to remain at Ranch Market shopping center. She stated that Mr.Law paid rent for another building without Comments being in it;he will have to pay a penalty in the amount of$20,000 and asked that he be allowed to pay it and stay in the facility until August 3l"in order to await a State application. She stated that many people will be affected if he is not allowed to stay there at Ranch Center. The following names were called as they filled out a public comment card: Traci Rogers,Monica Other cards Fragoza, Kim Wright,Samantha Thomas,Susana Marquez,Edward Sanchez,Marilyn Hernandez, for Foothill Cruz Gonzales, Stephen J. Salay, Daniel Pate,Mort Pate, Sylvia Pate, John D. Granados,Juan F. Drug Granados,Luis Mota,Carlotta Luevanos,Manuel M.Torres,Amparo M. Torres, George E.Alva, Comments and Carol Sanchez. None were present at the meeting,but it was noted that they were in favor of Foothill Drug. City Attorney Carvalho provided options to Council regarding Foothill Drugs, and it was left as it stands. It was consensus of Councilmembers to adjourn in memory of Ruth Hernandez in and Alberto"AI"Prado. Memory of AI Prado and Ruth Hernandez UPCOMING MEETINGS: - Upcoming Meetings July 28,2008,Utility Board Meeting-6:30 p.m.(Light and Water Conference Room) August 4,2008,City Council Meeting-6:30 p.m.(Auditorium) August 18,2008,City Council Meeting-6:30 p.m.(Auditorium) September 2,2008,(Iheaday)City Council Meeting-6:30 p.m.(Auditorium) - TIME OF ADJOURNMENT: 11:08 Y.M. CITY CLERK NEXT RESOLUTION NO.2008-C65. NEXT ORDINANCE NO.20011-010. 07/21/08 PAGE EIGHT w { u CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGER�sCIvtD DATE: AUGUST 4,2008 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On July 22,2008,the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: 3 SPAR MENT ,NAl9lE `L1�ABSII�CA �N AC130N9EFF RA 'GETS U? _ .�•L���,'.c r., A�ll'i1I1©pi�L(i3t �, ECD Jeff Barnes Community Improvement Merit Inc. 4171/3 Ins ector-CDBG 8-06-2008 $4,089.85 PD Seth Chapman Police Officer Merit Inc 6101/3 5-23-2008 $5,578.75 IT. Betty Donnelson Information Technology Merit Inc. 4188/4 Analyst 7/01/2008 $4,987.74 UTL Manuel Sencion Customer Service Reg Appt/Merit 5154/2 Representative I Inc $3,349.40 7-15-2008 UTL Micah Moore Apprentice Line Mechanic Reg.Appt/Merit 5204/2 Inc $5,392.74 6-26-2008 B. NEWAPPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service S stem. DEPARTMENT NAME CLASSIFICATION EFFECTIVE STEP DATE BASE MO. .. SALARY UTL Christopher Davis Street maintenance Worker 1 TBD 4153/1 $3,758.73 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. � 49 � oho MOM trr CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: JAMES MAKSHANOFF,ASSISTANT CITY MANAGER VIA: F.M. DELACH,CITY MANAGER DATE: AUGUST 4, 2008 SUBJECT: EXTENSION OF TERMS OF PROFESSIONAL SERVICES AGREEMENT WITH B/R PARTNERS RECOMMENDATION It is recommended that the City Council approve an amendment to the existing B/R Partners agreement, extending it to June 30, 2009, and authorize the Mayor to sign the amended agreement. BACKGROUND The City Council approved an agreement with B/R Partners to engage Mr. Roy Bruckner as the City's Project Manager for the Rosedale project on August 2,2004. Mr. Bruckner has served in this capacity for the past four years, and has provided all of the items listed in the Scope of Services. The agreement provides that the term may be extended for such additional time period as may be agreed upon in writing. With the slow down in development of the Rosedale Project Mr. Bruckner has worked a reduced schedule and will continue to do so until the activity increases. The agreement also provides for termination by the City without cause by seven day written notice. FISCAL IMPACT There is no fiscal impact as a result of this item. While the cost of this service for this fiscal year is estimated at approximately$30,000,all expenses related to the B/R Partners contract are fully reimbursed by Azusa Land Partners. CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 4th day of August, 2008,by and between the City of Azusa, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1295 ("City") and B/R Partners,a Corporation with its principal place of business at 3529 Padua Avenue, Claremont, CA 91711 ("Consultant"). City and Consultant are sometimes individually referred to as"Party"and collectively as"Parties." 2. RECITALS. , 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing planning and project management services to public and private clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Monrovia Nursery Specific Plan and project("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to famish to the City all labor,materials, tools, equipment,services, and incidental and customary work necessary to fully and adequately supply the professional planning and project management consulting services necessary for the Project("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from August 4,2008 to June 30 2009 unless earlier terminated as provided herein. Term maybe extended for such CADo mints and Smings\e au ]\My DmummtOAugust 4 2008 AgmdslCC BR Partners c ttacl 2008.dm additional time period as mutually agreed-upon in writing. Consultant shall complete the Services within the term of this Agreement as the project demands, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including,but not limited to: social security taxes, income tax withholding,unemployment insurance,disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement as set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule,City shall respond to Consultant's submittals in a timely manner. Upon request of City,Consultant shall a detailed schedule of anticipated performance. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City,or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement is Roy Bruckner. 3.2.5 City's Representative. The City hereby designates Francis Delach,City Manager,or his designee,to act as its representative for the performance of this Agreement CADo mints and Senings\� al\My DmummtslAugmt 4 2008 AgmdalCC BR Palmers m tmct 2008.dm ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Roy Bruckner, or his or her designee,to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention,and shall be responsible for all means,methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City s staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant wan-ants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services,including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws,rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws,rules or regulations. CADocommts and Senings\a=au ]My DmumrntMugust 4 2008 AgmdalCC BR Pattnets contract 2008.doc 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant,its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); or, in lieu of General Liability,Automobile Liability Insurance with the City of Azusa and the City of Azusa Redevelopment Agency listed as additional insured; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.10.3 Not Used. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions,or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1)the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations CADocumaus and$eaingstaiu5auserWy Do mmts\Augu t4 2008 Agm&\CC BR Partners contract2008.&c performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2)the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1)the City, its directors, officials,officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership,operation, maintenance,use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and(2)the insurance coverage shall be primary insurance as respects the City, its directors, officials,officers, employees, agents and volunteers, or if excess,shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors,officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverage. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended,voided,reduced or canceled except after thirty(30) days prior written notice by certified mail, return receipt requested,has been given to the City, and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City,its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds:No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or(2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with C:\Dmuma and Seuings�azusau I\My DocummtMugust 4 2008 Agenda=HR Partners c (md 2008.dm insurers with a current A.M. Best's rating no less than ANIII, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include,but shall not be limited to: (A)adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and(C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements,for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference, for the number of hours that the Project demands, as determined and approved by the City Manager or his or her designee. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date,or since.the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall,within 45 days of receiving such statement,review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall be reimbursed for out-of- pocket expenses as set forth in Exhibit`B". 3.3.4 Extra Work. At any time during the term of this Agreement, City may CADmummts and SeMngs�amausul lMy D) mmtMugust 4 2008 AgmdMCC BR Pam m=tinct 2008.dm request that Consultant perform Extra Work. As used herein, "Extra Work"means any work which is determined by City to be necessary for the proper completion of the Project,but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents,proceedings, and activities related to the Agreement for a period of three (3)years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Aareement. 3.5.1.1 Grounds for Termination. City may,by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. CADmumeau and Settinp\a aus I\My Do mmu\Augmt 4 2008 Agmda\CC BR Partners=tmt 2008.dm 3.5.2 .Delivery, of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: B/R Partners, Inc. 3529 Padua Avenue Claremont, CA 91711 Attn: Roy Bruckner, President City: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: Francis Delach, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred,regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents &Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use,modify,reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to,physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents &Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents &Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents &Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas,memoranda, specifications,plans, procedures,drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. CADmuments and Seninp\mz uwl\My Documems August 4 2008 AgmdalCC BR PaMers comma 2008.doc Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine,trade paper,newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation,Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as maybe necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attornev's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall indemnify,hold harmless, and defend City, its Council, officers, agents and employees from and against any and all claims and losses, costs or expenses for any damage resulting in death or injury to any person and/or injury or damage to any property resulting from any act, omission, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such cost and expense shall include reasonable attorney fees. Notwithstanding the above paragraph, and as a separate and independent covenant and obligation, Consultant shall indemnify and hold harmless,but not defend City,its Council, officers, agents and employees from and against any damage, liability, loss, cost, or expense, (excluding personal injury or property damage which is included in the above paragraph)which arise out of Consultant's negligent performance of services under this Agreement provided that such liability, loss, cost,or expense,is caused by the negligent act or omission of consultant or any of its officers, employees, servants, agents, or subcontractors in performance of this Agreement. Consultant's obligation for such indemnity and hold harmless under this paragraph shall not include any obligation to defend City, its Council, officers, agents or employees against include any actions or claim brought by any person. Consultant's obligation to indemnify City shall include reasonable attorney fees if Consultant is found to have been negligent in performance of services under this Agreement. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parries. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. CADmuments and Settings\a=ausa]\My DocumattMugust 4 2008 Agenda\CC BR Parnas convect 2008.dm 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Citv s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign,hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References, Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment,Modification. No supplement,modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel,or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrants that it has not C:1Docummis and Settings\z ausullMy Dm=mMAugust 4 2008 AgmdMCC BR Pamm contra 2008.dm paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage,brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement,no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race,religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include,but not be limited to, all activities related to initial employment, upgrading, demotion, transfer,recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder,Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute,deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power,right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CADocummts and Settings\ewsauserlWy Docummts\August 4 2008 Agwda=BR Pm m contract 2008.doe CITY OF AZUSA B/R PARTNERS,INC. By: By: Francis Delach Roy Bruckner City Manager President Attest: City Clerk Approved as to Form: Best Best&Krieger LLP City Attorney C:Tbcummts and Settingslaz ausal\My Documm(Mugust 4 2008 Agmda\CC BR Partners contract 2008.doc EXHIBIT "A" SCOPE OF SERVICES B/R Partners,Inc. This Scope of Services describes the project management activities that B/R Partners will provide in order to assist the City of Azusa with the implementation of 517-acre master planned development, comprises of 1250 residential units, and up to 50,000 sq. ft. of retail space. Project management activities will include,but are not limited to the following, as the project demands. Coordination with: 1. Developers 2. Technical Consultants 3. City Department Heads 4. City Technical Staff 5. Other Agencies Assemble Consultant Team I. Prepare Requests for Qualifications and Requests for Proposals 2. Evaluate Consultant qualifications and proposals 3. Prepare contracts for retention of consultants and for approval by City Council Contract Management 1. Ensure consultant's adherence to scopes of work, and compliance with provisions of contracts 2. Track consultant billings, invoices, and payments Organize and Conduct Meetings 1. Community 2. Technical 3. City Department heads 4. Other Agencies Analysis and Review 1. Analyze grading plans,site plans,architectural designs,agreements,studies and reports 2. Review and comment on developer/consultant-submitted studies and reports Public Hearings 1. Analyze development proposals and prepare reports 2. Process subdivision maps and Precise Plans of Design applications for consideration by Planning Commission and City Council 3. Attend hearings before the Planning Commission and City Council and present staff reports Prepare Status and Update Reports On an as needed basis. Rveuawc 5"364 C-1 EXHIBIT "B" COMPENSATION B/R Partners,Inc. Services described herein shall be compensated at the following rates: Hourly Rate Roy Bruckner, President $125 Principal $110 Associate Planner $ 80 Clerical $ 35 Out of pocket expenses (includes UPS, cell phone charges, etc.) Actual cost RVPMNCS1544364 C_2 O ,. CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M. DELACH, CITY MANAGER;P" DATE: AUGUST 4, 2008 SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH THE AZUSA CHAMBER OF COMMERCE RECOMMENDATION: It is recommended that the City Council approve and authorize execution of the First Amendment to Agreement Regarding Chamber of Commerce Funding and Support Between the City of Azusa and the Azusa Chamber Of Commerce (the "Amendment"), which 1) extends the Agreement one additional year through June 30, 2009; 2) authorizes the City's contribution amount of$88,200 for FY 2008/09; and 3) revises and restates the terms of Self-Sufficiency of the Chamber. BACKGROUND: The Chamber has been an active principal advocate for business and has historically been recognized as the representative of all businesses, which contribute substantially to the City's revenue base. The Chamber's mission is "to serve as a catalyst in transformation of business and economic climate, resulting in a healthier, more prosperous Azusa". Over the years the City has partnered with the Chamber in playing a key support role in economic development and business retention efforts. On September 4, 2007, the Council approved a new Agreement Regarding Chamber of Commerce Funding and Support between the City of Azusa ("City") and the Azusa Chamber of Commerce ("Chamber"). As part of that Agreement, the Chamber agreed to: • Employ competent, professional personnel to cavy on the promotional and advocacy activities of the City. records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three(3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may,by written notice to Consultant,terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure,upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: David Evans and Associates, Inc. 4200 Concours, Suite #200. Ontario, CA 91764 Attn: Kim.S. Rhodes,Vice President City: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: James Makshanoff, Public Works Director. RVPUBNGS%544364 7 Page 2 August 4,2008 To: Honorable Mayor and Members of the City Council Re: First Amendment to the Agreement with the Azusa Chamber Of Commerce • Represent the interests of all Azusa businesses in promoting economic development and lawful and positive business and local sales revenue. • Participate in marketing the City's advantages inside and outside the community to retain and attract business and local sales revenue. • Promote improvement strategies that enhance the value of property and stimulate investment and development of vacant or underutilized properties. • Promote trade and business meetings and activities that further these goals. • Expand services by including a Business Recognition Program, providing educational programs, disseminating legislative and other information to the business community on behalf of the City, and increasing marketing activities to promote the City. Additionally, contribution reduction benchmarks were added to the Agreement terms to encourage the Chamber to become self-sufficient. In FY 2007/08, the Chamber met their primary goals, as detailed in the attached "Goals and Accomplishments Met by the Azusa Chamber of Commerce". In order to continue the City/Chamber partnership in promoting the City of Azusa, staff recommends amending the Agreement to extend the term through June 30, 2009, and provide a City contribution amount of$88,200 for FY 2008/09. The Self-Sufficiency requirements and the City's estimated future contribution amounts have been adjusted, using the new baseline amount of$88,200, with the Chamber achieving self-sufficiency by FY 2013/14. FISCAL IMPACT: In the adopted fiscal year 2008-09 operating budget, a total of $52,200 from Light & Water and $36,000 from the Redevelopment Agency has been allocated to cover this cost. Attachments: L First Amendment to Agreement Regarding Chamber of Commerce Funding and Support Between the City of Azusa and the Azusa Chamber Of Commerce. 2. Goals and Accomplishments Met by the Azusa Chamber of Commerce. FIRST AMENDMENT TO AGREEMENT REGARDING CHAMBER OF COMMERCE FUNDING AND SUPPORT BETWEEN THE CITY OF AZUSA AND THE AZUSA CHAMBER OF COMMERCE ARTICLE 1. PARTIES AND DATE This First Amendment to the Agreement Regarding Chamber of Commerce Funding and Support("Amendment") dated and effective as of the 0 day of July 2008, is entered into by and between the City of Azusa("City") and the Azusa Chamber of Commerce("Chamber"). ARTICLE 2. RECITALS 2.1 Whereas, the City Council approved the Agreement Regarding Chamber of Commerce Funding and Support("Agreement") on September 4, 2007; and 2.2. Whereas the City entered into that certain Agreement dated July 1, 2007, with the Chamber; and 2.3 Whereas,the term of the Agreement was in effect from July 1, 2007 to June 30, 2008; and 2.4 Whereas, the Chamber has satisfactorily performed all duties and obligations required by the Agreement; and 2.5 Whereas, City and Chamber now desire to amend the Agreement to extend the term of the agreement by one additional year, to June 30, 2009; revise Section C. Consideration to $88,200 for FY 2008/09; and revise and restate Section E. Self-Sufficiency of the Chamber. ARTICLE 3. TERMS 3.1 Section C of the Agreement is hereby deleted in its entirety and replaced with a new Section C to read as follows: "C. Consideration In consideration of the valuable services performed by the Chamber for City, as set forth above in Section A hereof, City hereby agrees to pay Chamber, during the term of this Agreement, the sum of($88,200.00) eighty-eight thousand two hundred dollars. This represents a 10% decrease in the City's contribution from FY 2007/08. The City shall make payment, to the Chamber in twelve mond-dy installments of$7,350.00. The Chamber agrees not to fund The Azusan or any other Chamber newsletters or publications with any compensation provided by the City." 1 3.2 Section E of the Agreement is hereby deleted in its entirety and replaced with a new Section E to read as follows: "E. Self-Suffieieney of the Chamber The Chamber will develop a strategy and plan which will enable it to become financially self sufficient within five(5) years from the ending term of this Agreement. The City proposes this self-sufficiency plan as a plan only and, to facilitate this,the Chamber will be subject to contribution reduction benchmarks. In 2009/10,the City's contribution will be decreased 20%, to $70,560. In 2010/11, the City's contribution will be decreased 40%, to $52,920. In 2011/12, the City's contribution will be decreased 60%, to $35,280. In 2012/13, the City's contribution will be decreased 80% to $17,640. And in 2013/14, the Chamber will have achieved self-sufficiency. However,this is not a guarantee of future funding. A report and action plan will be presented to the Azusa City Manager during the term of this Agreement detailing how this goal will be achieved." 3.3 Section J of the Agreement is hereby deleted in its entirety and replaced with a new Section J to read as follows: "J. Term This Agreement shall be effective for a twelve(12)month period commencing July 1, 2008 and ending June 30,2009." [SIGNATURES ON FOLLOWING PAGE] 2 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first above written. CITY OF AZUSA AZUSA CHAMBER OF COMMERCE F.M. Delach Anthony Glassman, Chairman of the City Manager Board of Directors for the Azusa Chamber of Commerce ATTEST: Vera Mendoza City Clerk APPROVED AS TO FORM: Best, Best& Krieger, LLP City Attorney 3 The Azusa Chamber of Commerce is an organization formed 115 years ago to be a voice for business and help create a strong business environment for our Community 2007-2008 Chamber Accomplishments • Redesigned the website offering more opportunities for our members including an event calendar, membership directory including a map and link to the City Web site. • Hosted the largest "City of Azusa State Address' to include Dr. Wallace of Azusa Pacific University with the largest attendance ever over 250 guests. • Attended and supported the City of Azusa at the annual International Council of Shopping Centers with an annual attendance of 50,000 at both the San Diego and Las Vegas Conference. • New full time Events Coordinator and Part time Administrative Assistant was hired to benefit our membership. • New Chamber marketing packet was created and distributed to new and potential members. • Working with the City Council and Economic Development Department for the betterment of the business community • Azusan now being distributed to the entire Business Community (1,700 businesses) and is in full color 0 Weekly e-mail updates sent to members on current issues and events. • New Members Reception increased to monthly due to the amount of new members joining the Chamber—60 new members for the Chamber this year. • Participated in the City's Annual Kids Come First Golf Tournament committee and generated sponsors and donors for the event. • Legislative Action Committee created a Highwy 39. and Crystal Lake Sub Committee which held a successful presentation and tour of the Azusa Canyon and at Crystal Lake with an excellent presentation to over 20 local Legislators and Community Service organizations. • Hosted New Business Forum and workshops to benefit chamber members. • in conjunction with Azusa Golden Days held our Annual Taste of the Town with a record attendance of 700 guests at the California Army National Guard Readiness Center. • Provided oral presentations monthly at City Council Meetings to the Mayor and Council the progress of the chamber. • Held our first annual Board Retreat to set goals and objectives for the Chamber as well as our annual and five year plan for self sufficiency. • Heid approximately 20 Ribbon Cutting in celebration of new business in Azusa and new chamber members. • Started our first annual Food and Toy Drive for the Azusa community and raised over $3,000.00 for food that was donated to the local food bank, not mention the numerous toys and food collected by the Chamber and Azusa Coordinating Council. w► a n S nn TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER DATE: AUGUST 4, 2008 SUBJECT: CIN TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF JUNE 2008 RECOMMENDATION: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of JUNE 2008. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of June 2008. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 — C16 dated, June 18, 2007 and Government Code Section 53600 et seq. FISCAL IMPACT: The balances of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six months. CITY OF AZUSA TREASURER'S REPORT Treasury Checking Accounts and Certificates of Deposit June 30, 2008 Held in Wells Fargo Bank Prepared by: Marcene Hamilton, Treasurer Interest or Balance Face Maturity Coupon Description Account Number or Amount Date Rate or CUSIP Market Value Checking Accounts General Checking Account 495-0041244 1,036,442.00 1.281% Stagecoach Sweep Account DDA 495-0041244 845,085.88 Worker's Compensation Checking 0606-050318 0.00 Flexible Reimbursement 0606-055036 18,292.27 Payroll Checking (ZBA account) 4159-281393 0.00 Police Petty Cash Fund 060-6050334 239.12 Section 108 1.610% Choice IV-Public Fund Account 410-0162239 30,808.39 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account Every 30 300,000 Days 1.780% Certificate of Deposit 300-0311658 312,829.10 1,975,001 04/07/07 3.748% Certificate of Deposit 061-5202840 2,282,970.47 Covington Endowment Money Market Mutal Funds WFB 12847554 13,291.91 100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 25467JG21 100,829.00 TOTALS 4,640,788.14 CITY OF AZOSA TREASURER'S REPORT TREASURY INVESTMENTS JUNE 30,2008 Prepared by Masan¢HermHw,Treasurer Coep9n Mabatty Settlement wt Pn4 Broker Fece Ameunl Oeactlpdon �G W1e AallGwip No. Date PHnelpal• (CMn8e4 McA4t Value.%army) City Of Aruna Investment -AAA Retad Federal Agency Soml. WFB 2000000.00 FHLB430007041M 4300% 0114X9 3133X0003 0)!14105 2000000.00 101.408000 2021I.M.00 GlHard 2.woow oo FHLB 4.20012 VI MH 4.20MA iV15X9 3133X9.46 12 SN4 2000000.00 101.]19000 2039360.00 Waoh.wa 2000000.40 F CS4)5CIOPS/12 4.250% iW1510 31331X8%5 1 BIO] 2a 400.00 2010000.00 Wa0avie 2000000.00 FHLB A25112{MO 5125X 11/14110 SU]XiNGt 0524)0] .995000.40 IM.S13000 2.016.21NNI Hi in 00 ow." EHUMC 5.2500284111 5250% 0284111 3128X0058 05/14106 1082890.00 10143000 20248600 WFS 1,000,000,00 FH 40000511111 4 0% 617111 3133XRFO 05,17Xe 100000000 .044000 1003440.00 Wadrada 2000000.40 C 6206 10X3! 5.200% 10103111 31331X4V1 W A)] I .00 100581000 20108000 WacSevla 2,000,0013.40 FHLB 515010114111 5.250% 10119111 3133M"5 08X911Y1 1999600001 100.625000 2 012 MOM G9rmd 1PoD00OAD FHkMCS 200 IV1711 5.200% 1011)/11 3128MI'M t 11107 !NO 00oH 100621[00 1O 21000 WadlaWa 10000000 FR0462512 9111 4825 12/19111 XW26 12159X) 1 000.00 1002 100250029 011200 100000020 FFCB 4.850128)11 4.850% 12127111 3133WDt IV14M7 IMAN.Po 1 tWUIUQ31000 WFB 2=03 00 FHLB 3.400183112 3.440% 01,13112 313OXOSTO 0483/06 2000. .00 56531000 19)082 00 Hi ne 0000.40 FHLB] • OI W12 3.550% 01130112 3133XP043 Oi80Xe 2000000.00 9834000 1955580.00 Hi in 2000000.00 FHLB 5AOISO 1 MW12 3133X%94 0380X7 200000000 01,563000 2031 00 HI Mc 2000000.40 FHL03.5504/14H2 3550% 04 411 ai33xqvm 0124108 2OWD0000 98656000 1,9731 W W.EI.I. 40 LODOM FHL934M W14nZ 3450% OSMV11 313MQT04 0014100 41OWBUM 97 459000 3 Sao) AO Hl"I" 2030000.00 FHL05.2500512IM2 525 0521112 3133%%X%3 0521X) 2 00000 101.95 938000 H' » 200000020 FHLB 5250 Q5lqq2 5.250% 0529!12 TUMULT 0822X7 1998500.00 101 2409,30.00 Wrod 2000000.00 FHLBA 150 WI18M2 4J5M 0011&1 ]t1XRGT1 WINDS 200000009 1002 2005000.00 GRard 100000000 FHLB 5.250 IMAM 25111-U 5.250 1024112 3133%%X9= 1=707 99900000 INS 1005900.00 GDro 100000000 Fril-9 S.M1211312 5000% 12/18112 1 3133XNT56 12118X7 f0=0000.Po 100.118000 I ow,190.00 WFB 2.000.0woo 42000129/13 4200% 0189113 31=M 0129108 2000000.00 09.675030 1997500.00 WFB 200000000 FHLS4aW0I=j3 4350% 01130113 3133XWLT O XOXB 2.01)000061 ININWO 2,003,1M.00 fair.m 2000000.00 FHLB 4.126 OMW13 4.125% am I DMOMB 199900000 99.563000 199128000 WaMovia 2000000.00 FHL8425003f13113 42W 03113113 3133XPY40 031/3108 2,000090,00 0 A NT�NO.00 (3150N 2000000. FHL5 4200424113 420059 04124113 3133%9MN9 412de)B 2000000.00 09.531000 I.MMDN HI Im 200300.00 FHL85000 lj. 5.000% MN6/13 3133XRJS0 06126`08 200000000 10054000 2016t16D.00 TOTAL$ O'.SO.B60,000-00 - '49.912':1'1000 40,OB],81g.W��- L B-CIFY '-: TIDID PART-9U,$T901ALTRl18T ACCT 3140990 WA NN 'Nu 6,513,1169 as., 0YOYY0 6,915,986,66 Light 6 Water Ram Stasllutran Fund InveatmerlL4 - AAA Retail Federal Agency Bonds Hi 9u 3000000.00 FHL03.55001.'112 3.55MA 0IM112 31 XPD4] OWWO 3 =000.00 9B 344000 295032 W WPMQ,I. 300000000 FHLB 41500129/3 4.150% 0129113 1 % 206 0 106 3000 W ) 2996250 Wemcvia 3215000.00 -IB 4XOOO.0f13 4.000% 0220/13 3133XPKV5 0120X8 3215.000 CO 99.188000 3.168.69420 TOTALS BjiSA00.00 9,216,00000 8,'t3S,1&:20 WFB-1dW '-: ]11010 PART'GLST901AL TAU9TA99T 2140%' WA �: WA ':NIA 4.85fE] 100004)000 I.M1�S6 1.416`-CTfY LDCALAGFNC A'NE&TMEMEUN9 2.591%: WA tUA '.WA 15.928.513.18 'f00.00WOg 15,936,541.Y8 TOTAL INVESTMENTS IN FEDERAL AGENCIES,WFB INSTITUTIONAL TRUSTS,and WF 61,639,614.41 81,666,606.61 INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From Juy 1,NOT) 3,401,836.36 "TM Pr8lopaf mwmn reDeds iM14 belenm on We Fd1.1 day ohne month or Ne'hlatodml maY spent b purUuae a eaariry. "11�4'MB(kH Vafue'is tl1e curtem Rx e1vR11N a eew can be hedeE waold. lrewlw Rvo.Me 2.8 7128=611 ]:5]PN CITY OF AZUSA TREASURER'S REPORT INVESTMENT INTEREST EARNINGS Thru June 30,2008 Prepared by. Marceline Hamilton,Treasurer ScScheduill Interest Face Amount Net Amount Coupon AccVCvslpNo.j Maturity Parma.' lhe "l�it`0'.0Son,14"nua ce ReNod Rate Date Schedule Interest Payment Fiscal Year W I I I Earnings Amount DPW City of Azusa Investments - AAA Rated Federal Agency Bonds 1.001,841.1571 :5.300% 1 CALLED. I..312SX4Z61 j IQnI,%4M 1 26.500' .=265001 26,00.00 1;000,0W 1.01)0=0.01) .5.450%, .:-CAL1ED::. :3128)(55R5;. 1I14A514w, 7,250 :27,250 27,25D.00 2,MD,000 2.000.000.00: 5;000% ..-CALLED 31MXMZ87 :. A1=83201-. .".60000 ......: 500DW 25,OOD.00 :r5.000;000 :15,000,000.00 4.020W CALLED?:.: 3133MYKV8:.:%; If2i 8.52l. 201.,DW "100,506; 160,750.00 2.000,000.,X. 4,3W% CALLED-' M33XSCM I z!9116 311 43:5001 Ti3386.034.00 %: 2=400 -2,00312500 .3.00M :C .: OUXE6: MA3 IVIGA,11119 �0,01)0 30.000 .a400000 I00051IJ7 5.850W CALLED:: 7773133XLY64: 828&228:1 2/28: 27,750, 27;7501 '':::Itlljlgtll;33 2,600,000: ::2;6011;000.06 3.000WCALLED: %.:31339i 7A4411/14 37,SM 93,760,00 1.0D4,43611 4,11)0014 CALLED 3133XN6M6 111145514 24500''.` 24,501 24,600.01) 2000J000' L2.000.000=_ 5300% CALLED:- 3133XFPV2, 3I28&S28 110.0110' '35,000 110.000.00 2.000A00 2062.92689 ::55W% CALLED::, 3133Y.Mi 12125&W5 110,10M 5500): IY10r' i0 2,0W=0 % 2.000.000.00 ...5.750% CALLED I 31359UP13i ..121DAW9, :A-15.0bo =2 ,*W : :.2,021,21XIMI) 11,4,050%,t MATURED: M28)36RI)%� 41241 8�3124: �.i; 40500 405DO 40,500.01) ZAOQDW� : 2.030,060.001 .5.050% ,5050% MATURED:. 1011'144111 %50.6W: 50,50D 60,600.00 1,DDG.OW -1'000000:00=. '.:4:375%.' MATURED: :3128)(41flul_ ililflligil"S :::�21;875' 21.876.00. ADOW MATURED 3133XDTWI.4. 1.1121&Wl 24,600 24,WO,00 2,'O-OD:00-0 .':::.:.2;00499722: :5.050% :MATURED �:.3128)0tHn4-.: -S=&2/Z2.. A1.101,000 all 101.000.00 i2.0polow I IMDW.00 'MATURED: �::.::3128)(04MB -- 101VACIS ::7250() 38250 72,500.00 2,DOO,000 2.000.OW.00 4 WD% 07114/09 3133XCDO3 71461/14 86,000 43,000 86,000,11 2,X0.0W 2.17)(1.00D.00 4.200% 12/1509 3133X9N48 12/1566/15 6440GO 42,000 '44 2,000,000 2,(X)6,094.44 4.7W% 10115110 31331xex5 10/1564/15 1: 47A0047,5W 47,500.0 2,DDO.000 1.995.000.00 5,125% 112VI0 3133XKVSI 1124&524 102400 51,250 10260000 2,000,000 2,014.723.33 5.250% 02r24111 3128)(41,156 824&=4 105,000 62.500 105!00000 1.()0().000 1.000,000.00 4.00016 06/17111 3133XRFE5 12/17&6/07 W 0 0.00 2,000,000 2,000.000.00 5100% 1 OM3111 31MIX4VI 105&4/3 :..:. ..: S2,0011 52.000 62,000.0 2,000,000 2,006,891.67 5.250% 10/14111 31MXHET5 10/14&4114 105,000 52.50() 10.000.00 lt()()0,000 1.000,000.00 5.21)0% I0M7111 3128XSPZ3 1(1117&4/17 :%-_,20.000. 26.0001 26,000.DD 1,01,000 1,000,0W.01) 4.625% 12m9/11 313UNJ26 12/19&6119 23,125 23.125 --20125400 1,000,000 1.000,000.w 4.850% 1=711I 31331YKDI 1227&627 L24.250 24.25[) ;3:-24' 'W 2,000,000 2,000,DOO.00 3.440% 0I2312 313UQSTO 7123&1123 0' 0 ON 2,0wiboa 2.000.000.00 3.550% 0I50112 3133XPD43 750&I/30 :10 0 0_00 2,000,000 2.000,000.DO 6.125% 0350/12 3133XKD44 950&350 102.500 51,250 102,300.0 2.000,000 2.000.000.00 3.550% 042411 2 3133XQU83 1024&424 ':" !ii:;20: 0 0.00 4,000,000 4.000.MO.W 3.4150% 05114112 3133XQTD4 11/14&5114 0 0.0 2000.0W 2.000,01.1 5.250% 05121112 3133)0 W 3 111216 521 105000 52,6W 10,000.00 2.WO.0)(1 Z023,708 33 5.250% 05r19112 3133XKUL7 I 1129&529 105,000 52,500 105.000.00 2.OW OW 2,000,000.00 4,150% 08118112 3133XRGTI lvill&fitla -__1:0 0 O,DO 1,000,1* 999,000,00 5.000% 102012 31MXMNOD 10124&424 ?t'25!000. 25000 25,0011.00 1M000M000 1,000,000.00 5=0% 12f18112 3133XNT68 12118&6110 1�12e�-25000 25.000 `...25600.66 2s10IODO 2,000,000,00 4.2W% 0I28/13 3133XPOL3 729&129 ,L III (Loo 2.000,000 2.000,000.00 4250% 01130113 3133MYL7 750&15O 7 _13 01 040 2,000,01 1.999.000,00 4.125% 02120113 3133XPPY4 820&220 O.D0 ZOKOOO 2.001)000.00 4250% OVIN13 3133XPY40 9113&3113 0.1 2.000,000 3.11 1 1 1:11% 041211.12 3133XQMN9 1024&424 777= 01 0100 2,000,000 2.10,000.00 5,000% 0628113 W2W 3 3133XRJSO 1226&626 7777777F 5T 0.60 . 60,01 400....JACTIVEMVESiMENTS1. 2N2771,81IT-m CRY-Wens Fargo Bank Imil net Thrift Part' Money MaililetAccount-Uquirl Asset 2., We: Lights Water StabliZation Fund lawstmems-AAA Rated Federal Aaancv Bonds 3000.000.00 .3.500% 31MNDI iZL 2 0()0 :62AN.00 :;%1163,2411:80 0 0 0 3,0W.000:W 4.11(10034� C�dz*sn� 31=11HZ3:�­ offi&44111 '20 0DO 8091110.00 411,33X30 3,215,000,00:':i':%215:00000 '`4:15W :cawlailad: 3133)(SAW6 7050i­�451) :1133.422.150:1% 667f1.25 100,066:88 3.000.000.1 3,000.0043.0 4.150% 0129113 3133MZC6 729&129 0.0 0.00 0100 1215h(1P00 3,215,()0().W 4,01)0il, 0212013 3133XPKV5 820&220 --ox-f- 0.00 0.00 3,000400,W 3,000.000,00 3.550% 0I511/12 31MXPD43 7/30&150 lizo 1 0.0 0.00 alSODDMACnVEIWiSIbAENTS'':. 356A22.50,'::'179211.25 402A0.98 Light&Water Suoition-Wells Fargo Bank Institutional �Thi 2tTdl!MiuF MkatACCAsset ar flat. ,7,921SCG CITY-Local Agency Investment Fund-Liquid Asset Rafe 766488-.2 Fiscal Year. July 1-June 30 TOTAL INTEREST EARNED YID 3,407,936.36 A - FARM CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER.P0 DATE: . AUGUST 4,2008 SUBJECT: AWARD OF CONTRACT—LANDSCAPE ARCHITECTURAL SERVICES RECOMMENDATION It is recommended that the City Council award a contract to David Evans and Associates Inc. in an amount not to exceed 525,000 for professional landscape architectural services. BACKGROUND The City Council has stated to staff that transportation related issues are a concern. As a result, the City acquired the services of a legislative liaison/lobbyist firm to assist in the resolution of these concerns. One of the major issues is the poor aesthetic appearance of the I-210 on/off ramps. Via our liaison's efforts, we have lobbied our interest to senior Caltrans officials. Caltrans has recognized Azusa's I-210 on/off ramps are in need of improvement, as a result the City has been in negotiations with Caltrans officials to determine which agency will incur, and possibly share,the cost for the I-210 landscape improvements. On April 21, 2008 the City Council authorized staff to solicit qualification statements from architectural firms to complete a conceptual design of the proposed landscape improvements. The City Council appointed Councilmen Uriel Macias and Angel Carrillo as a subcommittee to review the proposals and make a recommendation. Qualification statements were received from the following firms: 1. Architerra Design Group 2. HRP Studio 3. Claremont Environment Design Group 4. Morrison Mays Landscape Architecture 5. David Evans and Associates(DEA) David Evans and Associates (DEA) was selected as the most qualified firm to undertake the first phase of design for the proposed Caltrans right-of-way improvements. DEA has demonstrated it had specialized experience and technical competence with respect to Caltrans right-of-way improvements. The firm also has extensive resources, including an office in Sacramento that will assist in the procurement of funding sources for the construction and maintenance of the improvements. Services provided under this agreement will cover the 1"phase of design. The scope of services within the first phase will include the preparation of project area base sheets, agency coordination, conceptual landscape design, preliminary cost estimates/project schedules and presentations of the proposed improvements. FISCAL IMPACT Design cost will be funded from the General Fund reserve. Attachments: Professional Service Agreement J CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. - PARTIES AND DATE. This Agreement is made and entered into this 0 day of August, 2008 by and between the City of Azusa, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1295 ("City") and David Evans and Associates,Inc., a California Incorporation with its principal place of business at 4200 Concours, Onatrio, California 91764(hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as"Party" and collectively as"Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in performing professional landscape architectural services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to perform a conceptual design(per Caltrans standards) of the proposed I-210 interchange improvements. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor,materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental engineering/construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with,this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws,rules and regulations. 3.1.2 Term. Consultant is required to fulfill the terms of this agreement within ninety (240) days of its execution. Consultant shall complete the Services within the term of this RVPUBWGS\544364 .� Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including,but not limited to: social security taxes,income tax withholding, unemployment insurance, disability insurance, and workers'compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Ku Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Kim S. Rhodes, Principal Engineer. 3.2.5 City's Representative. The City hereby designates Tito Haes,Public Works Director or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Renresentative. Consultant hereby designates Kim S. Rhodes, or his or her designee,to act as its representative for the performance of this Agreement("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on P.VPUBViGSl540364 2 P � behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services,using his best skill and attention, and shall be responsible for all means,methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws,rules and regulations in any manner affecting the performance of the Projector the Services,including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. if the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws,rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that RVPUBWGSW4364 3 } the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense,procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)Automobile Liability: hisurance Services Office Business Auto Coverage form number CA 0001, code I (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and(3) Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10A Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment famished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and xvausuaGW443e4 4 volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance,use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City,its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers'Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty(30) days prior written notice by certified mail,return receipt requested,has been given to the City; and(B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City,its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds: No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City,its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City,its directors, officials, officers, employees, agents and volunteers; or(2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall RVPUWNGS\5"364 5 be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safe . Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws,rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include,but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders,bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation for all services rendered under this agreement in an amount not to exceed Twenty-Five Thousand Dollars ($25,000). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount.of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall,within 45 days of receiving such statement,review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform,nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate RVPUBWGSXW364 6 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred,regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data, Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use,modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings,estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to,physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement("Documents &Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to Iicense any and all Documents&Data. Consultant makes no such representation and warranty in regard to Documents &Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications,plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City,be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper,newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as maybe necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. RVPU"GS\5"36e 8 3.5.6 Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of,pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Contractor's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials,officers, employees, agents, or volunteers. Contractor shall pay and satisfy any J udgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,received by the City, its directors, officials, officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations,understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Govemine Law. This Agreement shall be govenmed.by the laws of the State of Califomia. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment,hypothecation or transfer. 3.5.13 Construction; References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be RVPUBWGSl544364 9 construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shalt constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver,benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission,percentage,brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race,religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include,but not be limited to, all activities related to initial employment,upgrading, demotion,transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program,Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is RVPUBWGW44364 10 aware of the provisions of Section 3700 of the California Labor Code whieb require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF AZUSA David Evans and Associates,Inc. By: By: Joseph R. Rocha Kim S. Rhodes Mayor Vice President By: Fran Delach City Manager Attest: City Clerk Approved as to Form: Best Best&Krieger LLP RvruBwcs544364 I EXHIBIT "A" SCOPE OF SERVICES Phase I—Conceptual Design Task 1 - Start-up Meeting DEA landscape architects will attend a project start up meeting with key team members to determine each person's role and level of responsibility. This meeting should include a site visit attended by Caltrans District 7 representatives to allow for a discussion of project status and review of existing field conditions. This meeting will present an opportunity for a thorough review of the scope of services, anticipated permit processing procedures, objectives, design, maintenance, construction schedule, and budget. Task 2—Preparation of Project Area Base Sheets DEA landscape architects will acquire base files of the project area which will be made available from either the City of Azusa or Caltrans District 7. DEA will also make a physical assessment of the project area to determine placement of design elements which may impact the overall design (i.e., existing landscaping, catch basins, drainage, swales, signage and lighting). These plans will be prepared at an appropriate scale in accordance with Caltrans standards. This task also includes the preparation of a project area cover sheet and Agency information. Task 3—Agency Coordination This task includes up to three meetings with the City of Azusa, in addition to reviews with Caltrans to obtain project approval. Additional agency coordination will also be required to obtain water and power service to the project site. Task 4—Establish and Manage the Project Development Team (PDT) The DEA project manage will schedule monthly PDT meetings at Caltrans District 7 offices and prepare meeting minutes for circulation to team members for review and comment. This task also includes the overall project management of the team in addition to the preparation of progress reports supplementing our monthly invoices. Task 5—Conceptual Landscape Plan This task includes the preparation of conceptual planting plans in schematic form for the proposed area of landscape construction. This preliminary plan will depict the overall design- intent indicating plant palette and layout, in addition to the use of inert materials such as rock blanket, fines, mulch and boulders. Upon City and Caltrans review and approval of the preliminary design concept, DEA landscape architects will begin the preparation of the final highway planting plans. The design will be influenced by the available budget and priorities set by the governing agencies. Task 6—Preliminary Cost Estimate DEA Landscape Architects will prepare an estimate of quantities and probable construction costs for the items of constructions. RVPUWNGS16 364 ^_1 Task 7—Preliminary Project Schedule DEA will prepare and continually update the project schedule during the contract work. Task 8— Plans,Specifications & Estimates DEA will prepare drawings, exhibits and sketches for presentation to the impacted agencies. Task 9—Funding Assistance DEA staff will assist in the procurement of external funds for construction and maintenance cost associated with the proposed improvements (e.g., MTA.—Call for Projects, TE, STPL,etc.). RVPUBWGS\544364 A-2 7• CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER)� DATE: AUGUST 4, 2008 SUBJECT: AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS (NIB) - MEMORIAL PARK ROOF REPLACEMENT. RECOMMENDATION It is recommended that the City Council authorize staff to solicit an NIB for the Memorial Park Roof Replacement Project. BACKGROUND The Recreation and Family Services Department main building roof located in Memorial Park is in need of replacement. During rain storms, the roof leaks and causes water damage to the ceiling files in the public event room. Furthermore,the drains are insufficiently sized to drain the roof and the water eventually leaks into the administrative offices. Throughout the years, staff has patched the roof but the roof is at the point where patches will not fix the problem. Staff has prepared plans and specifications to replace the roof, increase the size of the roof scupper drains, and include reflective roofing material. Staff recommends the City Council authorize staff to solicit an NIB for the Memorial Park Roof Replacement Project. NIB and Specifications are available for review at the City Clerks Office and at the Library. FISCAL IMPACT Estimated cost for the project is $95,000. There is $85,000 budgeted for the project in the adopted FY 08109 Capital lnprovement Plan. Because the roof includes reflective materials which are energy savings, an additional $10,000 is available from Azusa Light and Water's public benefit account. RENEW! ago CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER DATE:. AUGUST 4, 2008 SUBJECT: AWARD OF CONTRACT—PURCHASE OF A FORD F-150 SUPER CREW (4DR.)PICKUP TRUCK RECOMMENDATION It is recommended that the City Council award a contract to Downtown Ford Sales in the amount of$32,150.13 for the purchase of a 2008 Ford F-150 Super Crew (4 Dr.) Pickup Truck. BACKGROUND The City maintains a Vehicle Replacement Program that tracks the lifecycle and condition of the City's fleet. Each year, staff evaluates the condition of each vehicle and determines which are in good operating condition. These vehicles are kept in service. Vehicles that have reached the end of their service life and are experiencing mechanical problems requiring costly repairs are scheduled for replacement. Currently, a 1998 Ford F-150 is assigned to the Engineering Division; this vehicle will not be replaced but used as a secondary pool vehicle for the division and a primary vehicle for the Public Works Inspector(recruitment in process). The FY 2008-08 Capital Outlay allocated $32,475 for the purchase of a light duty truck to be utilized by the Engineering Division. Currently the Engineering Division is staffed by 3FTs (City Engineer,ineer Principal Engineer, Assistant Engineer) and 1P T g Aide(Engineering . Furthermore 8� ) , recruitments are underway for 2 additional FT positions (Public Works Inspector, Engineering Assistant). In the previous calendar year the division was led by a contracted engineering staff and IFT employee. As a result of the increase in staffing (1-FTE vs. 5.5-FTEs) it is necessary to purchase an additional pool vehicle to be used by the Engineering staff. This purchase can be "piggy-backed" on to the California Multiple Award Schedule program (Contract #1-09-23-20) under Azusa's Purchasing Ordinance Section 2-522 (a); City is exempt from procuring through a competitive bid process "if its determined that a competitive bid procedure has been conducted by another public agency and the price to the City is equal to or better than that price to that public agency." FISCAL IMPACT The FY 2008/09 Capital Outlay Budget allocated $32,475 from the Equipment Replacement Fund (#46-55-651-000-7135) for this expenditure. M- F CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH,CITY MANAGER ,A}�}f�✓ DATE: AUGUST 4, 2008 SUBJECT: PURCHASE OF ONE 2005 ST1300P HONDA POLICE MOTORCYCLE RECOMMENDATION It is recommended that the City Council approve the purchase of one 2005 Honda ST1300P police motorcycle with an emergency equipment package from Huntington Beach Honda for $20,833.86. This purchase is from a"sole source"vendor, as no competitive market exists per Azusa Municipal Code Section 2-523(d). BACKGROUND This year the Police Department has budgeted for one police motorcycle to replace a BMW motorcycle that blew an engine the previous year. Currently, two motor officers have been sharing one motorcycle,but because the officers work overlapping days,one must patrol in a car during the overlap. In FY 05/06 the motorcycle fleet was converted to the Honda ST1300P. When quotes were sought this fiscal year, the Police Department was informed that 2007 and 2008 models were sold out. The only Honda ST1300P available was the 2005 model year from Huntington Beach Honda's inventory. These motorcycles are new and have the same features and accessories as the later models. The 2009 model will not be available until November or December of 2008, while the 2005 model could be delivered in about 30 days. Additionally, Huntington Beach Honda is the only dealer that regularly sells the Honda ST1300P police motorcycle and has perfected the installation of emergency hardware(crash bars, siren, emergency lights, etc.). The Police Department recommends that the 2005 Honda STI 300P motorcycle be purchased through Huntington Beach Honda as a sole source vendor, based on their current motorcycle availability and their ability to completely outfit the bike with emergency equipment in a competent and timely fashion. FISCAL IMPACT Funds are available from Police Department equipment replacement account#46-20-310-000- 7135. CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F. M. DELACH, CITY MANAGER DATE: AUGUST 4, 2008 SUBJECT: GRANT AGREEMENT FROM CA OFFICE OF TRAFFIC SAFETY FOR THE "DUI ENFORCEMENT AND AWARENESS PROGRAM" RECOMMENDATIONS It is recommended that the City Council approve a resolution to accept a Grant agreement entitled"DUI Enforcement and Awareness" from the California Office of Traffic Safety(OTS) in the amount of$97,204. BACKGROUND The Grant obligates the Police Department to conduct at least 4 DUI checkpoints and an average of 4 roving DUI saturation patrols per month in a 12 month period beginning October 1, 2008. Additionally, 12 warrant service operations and 2 surveillance operations will be conducted for the habitual DUI offender/probationer with a suspended license. The checkpoints,patrols and details will be staffed by Azusa Police officers on an overtime basis, and both overtime and benefits will be reimbursed. The program will be conducted in the City of Azusa for the period October 1, 2008 through September 30,2009. FISCAL IMPACT This is a reimbursement grant in the amount of$97,204 from the California Office of Traffic Safety. The F/Y 08/09 budget will be amended for that amount and quarterly returns requesting reimbursement will be filed on a schedule set by OTS. 1 p CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER DATE: AUGUST 4, 2008 SUBJECT: RANCHO PARK(ROSEDALE)ACCEPTANCE RECOMMENDATION It is recommended that the City Council accept Rancho Park as a City facility and that the Park come under the operational supervision of the Recreation and Family Services Department. BACKGROUND Azusa Land Partners(ALP) constructed Rancho Park on the former Monrovia Nursery site as part of the improvements required by the Rosedale specific plan. The park has been built per City specifications and requirements. City staff has inspected the site and determined that it has been completed and meets the City's standards. Staff is asking that the City Council accept the park. Once the park has been accepted by the City,maintenance of the park becomes the City's responsibility. FISCAL IMPACT There is no General Fund impact. The park will be maintained through funds provided by the Community Facilities District(CFD). WARRANT REGISTER #20 AL YE 2007-20 4 WARRANTS DATED 6/16/08 THRU 6/30/08 RESOLUTION NO. COUNCIL MEETING OF 8/04/08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID THE CITY COUNCIL OF THE CITY OF AZUSA does resolve as follows: SECTION 1. That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the respective Funds as hereinafter set forth: 10 General Fund 605,319.16 12 Gas Tax 15,681.38 15 Transportation/Proposition A Fund 10,774.93 17 Transportation/Proposition C Fund 7,887.72 18 Community Development Block Grand Fund 1,406.84 19 Dwelling Tax Fund (Quimby Act) 0.00 21 Senior Nutrition Fund 324.45 22 Capital Projects Fund 92,135.40 24 Public Benefit Program 43,735.98 26 Supplemental Law Enforcement Fund 0.00 27 Air Quality Improvement Fund 18,218.23 28 State Grants & Seizures 3,290.41 29 Fire Safety Fund 278,898.40 30 COPS 0.00 31 Consumer Services Fund 42,109.06 32 Water Fund 74,735.76 33 Light Fund 1,684,426.54 34 Sewer Fund 30,845.86 36 Refuse Contract 0.00 37 Monrovia Nursery 328.88 41 Employee Benefits 0.00 42 Self Insurance Fund 2,582.96 43 Central Services Fund 1,850.59 46 Equipment Replacement Fund 11.67 48 IT Services Fund 38,800.30 49 Public Works Endowment Fund 0.00 50 Special Deposits Fund 25,221.19 Total '$2,978,585.71 City funds total does not include CRA funds. a� SECTION 2. That the City Clerk shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the City Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED this day of 2008. MAYOR 1 hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the day of 2008 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK WARRANTS# NONE HAND WRITTEN WARRANTS# NONE SPOILED DOCUMENTS WARRANTS# 118408 — 119017 COMPUTER-WRITTEN WIRES# 990747—990758, 990760 VENDOR EFT# 001587—001 588 AGENCY AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY BOARD FROM: KURT E.CHRISTIANSEN,AICP ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M.DELACH,CITY MANAGER DATE: AUGUST 4,2008 SUBJECT: DOWNPAYMENT ASSISTANCE PROGRAM UPDATE AND APPROVAL OF REVISED GUIDELINES. RECOMMENDATION It is recommended that the Redevelopment Agency Board ("Agency")adopt the revised Downpayment Assistance Program ("DPAP")guidelines to include occupancy guidelines and revisions to equity sharing provision. EXECUTIVE SUMMARY Staff is recommending the inclusion of occupancy guidelines in the DPAP program guidelines as a result of the changing housing market and the household size of participants that have applied to the program. In recent months the housing market crisis has led to a substantial decrease in housing prices and as a consequence low and moderate income households are able to afford larger homes while staying within the allowable housing costs. This change in the housing market will, in particular, affect the one and two person households by increasing their ability to buy a two or three bedroom home,respectively,while staying within their allowed housing costs. The following table explains the occupancy guidelines for the DPAP which requires a minimum household size to be no less than the number of number of bedrooms plus one for the housing unit being considered. In addition,the maximum number of persons allowed per housing unit should be no more than twice the number of bedrooms. No. of Bedrooms Minimum No.of Maximum No. of Persons in Household Persons in Household Studio 1 1 1 Bedroom 1 2 2 Bedrooms 1 4 3 Bedrooms 2 6 4 Bedrooms 3 8 5 Bedrooms 4 10 6 Bedrooms 5 12 b .00hairmap and Members of the Redevelopment Agency Bomd . August4,2008 " Down Paymmt Assistance Program-Program Modifications Page 2 of 2 In addition,revisions have been made to the equity share provisions of the Program Guidelines which calculates equity share, owed to the Agency,as a ratio of the Agency loan off the home purchase price. Participants are require to pay the loan back and share equity with the Agency should they sell the property before 45 years,transfers title/ownership of the property to a non- family member, no longer occupy the property as their primary residence or refinances their first deed of trust without the Agency's approval, Participants will also be required to sell their home at the appraised value or at a value previously agreed to, in writing,by the City Manager or his/her designee. An example of the revised calculation method for the shared equity provisions is provided in Exhibit F of the attached Guidelines. BACKGROUND In an effort to increase the supply of affordable homeownership opportunities available to low-and moderate-income households in the City of Azusa("City'),the Redevelopment Agency("Agency')adopted a Down Payment Assistance Program("DPAP") on September of 2007. The program provides deferred non-interest bearing loans to qualified low-and moderate-income households. The program is funded through the Redevelopment Agency 20%Low/Mod Housing Set Aside Funds. The purpose of the DPAP is to provide Azusa residents, in particular those members of the community that contribute to the vitality of the City, the opportunity to purchase an affordable home within the City. The goal of the DPAP is to provide assistance to approximately five(5)households in each program year via a deferred loan for up to$140,000. Borrowers must be first-time homebuyers,defined as someone who has not had an ownership interest in a property during the last five(5)years.Priority will be given to eligible borrowers who live or work in the City of Azusa for a minimum of twelve (12)contiguous months prior to applying for the program. Program guidelines comply with Health and Safety Code Section 50052.5,which states that lower income households cannot spend more than 30%of the annual income on housing expenses. Moderate income households cannot spend more than 35% of their annual income on housing expenses. The loan committee established to review applications for the program has approved seven applications to-date; six of them have been approved for a loan of up to$120,000 and one for$140,000. Current funding will allow for at least two more loans of$120,000. Funding may become available as loans are disbursed given that lower housing prices may potentially decrease tine need for assistance by each applicant. This may result in participants not utilizing the entire$120,000 or$140,000 loan made available to them. As of July 30, 2008,no loans have been disbursed to applicants by the Agency. In addition,participants are being encouraged to buy homes that will not present any major code violation since the City is required to conduct property inspections for the purpose of identifying local and state code violations, including compliance with health quality standards. Should there be any code violations present during the inspection,including but not limited to illegal and unpermitted additions,the Agency will reserve the right to deny a previously approved loan for the purchase of that particular housing unit. This will prevent the Agency from carrying a loan on a deficient property that maybe subject to code enforcement actions or fines from the City. FISCAL IMPACT There is no fiscal impact with the proposed modifications. Attachment: Revised Down Payment Assistance Program Guidelines r . Redevelopment Agency of the City of Azusa Down Payment Assistance First-Time Homebuyer Program (DPAP) 213 East Foothill Boulevard �;r� ta• � Azusa,CA 91702 626-812-5299 Getting Started To get started, pick up your application at the Redevelopment Agency, and a copy of the approved lenders who can process your loan application. The approved lender you select will submit to the Agency a pre-screened certificate to certify that you qualify for the program, along with your completed application. An Agency Loan Review Committee will review all completed applications that have an accompanying pre-screened certificate, and make a final determination regarding the approval or denial of your application. Program Overview The program is designed to assist creditworthy applicants who wish to purchase theirfirst home within the City of Azusa. Program Guidelines 2008 HCD Income Ltmlts for Los Angeles County Number of Persons In Household Income Category 1 2 3 1 4 1 5 6 7 a Lower 180%of AMO $ 42,450 $ 48,500 $ 54,600 $ 60,650 $ 65,500 $ 70,350 $ 75,200 $ 80,050 Moderate(120%ofAM1 $ 50,300 $ 57,400 $ 64,600 $ 71,800 $ 77,500 $ 83,300 $ 89,000 $ 94.800 • An applicant must qualify as either lower income or moderate income. The applicant's household income cannot exceed 2008 HCD income limits for Los Angeles county(see table above). Lower income borrowers cannot spend more than 30%of their gross annual income on their total housing expenses, and moderate income borrowers cannot spend more than 35%of their gross annual income on their total housing expenses. • Should funding be available,lower income applicants must secure a second mortgage from Los Angeles County Community Development Commission(LACDC)HOP program.The City of Azusa will grant a third mortgage to lower income applicants,if approved. • Maximum sales price/value of the property cannot exceed $437,000 for condominium and $570,000 for single family residence. Down Payment As istance Program Application 7/31/2008 • Single family homes, condominiums, and town homes are eligible for purchase under the program. Multiple family residences, such as duplexes and triplexes do not qualify for the DPAP. • Down payment mortgage loans are provided on first-come,first-served basis to qualified first- rime homebuyers. • Up to $120,000 for regular applicants and $140,000 for community pillars, in the form of a second or third mortgage(loan deferred for 45 years) can be provided by the Agency for down payment assistance. • 5%borrower contribution is required(3%from Ca1HFA is allowed). • Adjustable interest rate loans are not allowed under this program. • Applicants must be first-time buyers, defined as: someone who has not had an ownership interest in a property during the last five(5)years. • Priority will be given to applicants who qualify as "Community Pillar", and/or as an "Azusa Resident". o Community Pillars are defined as follows: ■ Full-Time, Credentialed K-12 Teachers, Counselors, Vice-Principals and Principals Full-Time,K-12 Teachers,Counselors,Vice-Principals and Principals of Azusa Private Schools Full-Time,Registered Nurses and Licensed Vocational Nurses Full-Time Police Officers Adjunct Professors of Azusa Pacific University and Citrus College Full-Time Firefighters Individuals who have graduated from an accredited Four Year College Three(3) Years Prior to their Loan Application. o Azusa residents are defined as follows: Borrowers who live or work in the City of Azusa for a minimum of one year prior to applying for the assistance. • The City's equity share will be repaid by the borrower if any of the following occur within 45 years of the loan origination: (1) the borrower sells the property; (2) the borrower transfers title/ownership of the propertyto a non-family member; (3)the borrower no longer occupies the property as their primary residence; (4)the borrower refinances their first deed of trust without the City's approval • Should the borrower sell the home before the 45-year period it must do so at no less than the appraised value or at a value previously agreed to, in writing,by the City Manager or his/her designee. (See Exhibit F for more equity sharing details.) • Rooms or any part of the home can not be subleased at any time during the 45-years that the City second loan remains in place. • Borrowers will be required to attend eight(8) hours of Home Buyer Education at an approved provider facility. • The home should meet the following occupancy guidelines: Down Payment Assistance Program Application 7/312008 Housing Occupancy Guidelines Minimum No. of Maximum No. of No. of Bedrooms Persons in Persons in Household Household Studio 1 1 1 Bedroom 1 2 2 Bedrooms 1 4 3 Bedrooms 2 6 4 Bedrooms 3 8 5 Bedrooms 4 10 6 Bedrooms 5 12 Application Process Overview • Applications will be reviewed and funded on a first-come, first-served basis. • Applicants will be reviewed by an Agency Loan Review Committee, and they will provide a conditional approval/denial letter via mail approximately 2 weeks after receipt of completed application and pre-screened certificate. • The City is required to conduct property inspections for the purpose of identifying local and state code violations,including compliance with health quality standards. Under its Municipal Code, the City requires an inspection whenever a property is sold or transferred. If the inspection results in the identification of one or more code violations,those violations must be repaired or remedied within the agency's prescribed time frame. Failure to abide by this time frame will often result in the issuance of fines. Therefore,the City reserves the right to deny a previously approved loan if a home selected contains major code violations(including but not limited to illegal and unpermitted additions). • A copy of escrow instructions mustbe provided to the City at the time the initial City inspection is requested. • All City-required repairs must be completed prior to the funding of the City loan. • 45-60 day escrows are encouraged to accommodate the completion ofany City-required repairs. • Agency Loan Review Committee will only review completed applications with pre-screened certificates when funding is available. If program funds are depleted, and a completed application is received by the Agency along with a pre-screened certificate, then a waiting list will be created, and applications will be reviewed according to the waiting list once funding becomes available*. *City Council approval will be required to re-fund this program once initial funds are depleted. Down Payment Assistance Program Application 7/31/2008 Application Checklist In order to assist the City of Azusa staff in reviewing and processing your application as quickly as possible, we will require the following information. Please return the following items: 1. Signe application including the following attachments: • Exhibit A(Current Monthly Income Chart) • Exhibit B (Household Composition Sheet) • Exhibit C (Sample Lead-Based Paint Purchase Contract Verbiage) • Exhibit D (Federal Income Tax Return Filing Statement, If Applicable) • Exhibit E (Authorization To Receive And Review A Copy Of Your Credit Report) • Exhibit F (Equity Share Disclosure) • Exhibit G (Monitoring Disclosure) 2. COPY of last three(3) years' federal income tax return,with W-2s for all family members 3. COPY of three (3) most recent paycheck stubs. Self-employed must provide a year-to-date profit and loss statement from a certifiedP ublic accountant. 4. COPY of three (3) most recent savings account statements and six (6) most recent checking accounts statements for all accounts(all pages) demonstrating evidence of your 5% minimum contribution. 5. COPY of purchase and sales agreement and/or escrow instructions (if any) 6. COPY of first mortgage loan approval commitment letter 7. COPY of final divorce decree (if applicable) 8. COPY of other income documentation(supply a copy of the award letter or a copy of the check or direct deposit bank statement): • Child Support (If Child Support Has Been Ordered But Never Or Periodically Received Please Provide Proof From The District Attorney Office) Alimony • Social Security, SSI • Retirement • Disability • AFDC • Proof Of Income For All Persons Living In Household • Interest On Savings/Income Earning Accounts 9. Include copy of a credit report (if applicable) 10. COPY of your 8 hours of Home Buyer Education Class 11. ORIGINAL pre-screened certificate from an approved lender (See Exhibit 1) zzz***z**z************z**z*zzzz******z*IMPORTANT*****zz****zzzz*zzzzzzz**** Please submit your original application with all the exhibits &photocopies of items 2 through 8. The city cannot be responsible for returning or safeguarding original personal documents for items 2 through 8. Dawn Payment Assistance Program Application 7/31/2008 Down Homebuyer Application Received Application#: AAvnroved: Denied: Comments: Date: Time: t Applicant Name: Primary Number: Social Security Number: Date Of Birth: Co-Applicant Name: Primary Number: Social Security Number: Date Of Birth: Home Address: Mailing Address (If Different): Marital Status: ❑ Married ❑ Single ❑ Divorced ❑ Legal Separation ❑ Widow Applicant Current Employer: Work Number: Employer's Address: Co-Applicant Current Employer: Work Number: Employer's Address: Down Payment Assistance Program Application - 7/312008 Down Homebuyer tg Assets Liabilities Balance: Balance: Monthly Payment: Checkin $ Credit Card: Savin 59 $ Credit Card: •401 Acct $ Credit Card: Life I $ Credit Card: Cash Va Ira Acct: $ Student Loan: Pension Acct: $ Student Loan: Other: $ Auto Loan: Other: $ Auto Loan: Other $ Other: Total: $ Total: Other Assets Other Liabilities Balance: Balance: Monthl yPa ment: Stocks: $ Other: Bonds: $ Other: Life Insurance $ Other: Business Owned: $ Other: Total: Total: Have you or any other person fisted on this application purchased or had ownership interest in residential real estate within the last five years? Are all debts listed above? Are any of your debts past due? Have you or the co-applicant filed for bankruptcy in the last 3 years? I/we have attached: ❑ First Mortgage Approval Letter ❑ HOP Reservation Letter ❑ Escrow Instructions ❑ Purchase& Sale Agreement Down Payment Assistance Program Application 7/31/2008 Down Payment Assistance Homebuyer pr r By signing below you: 1) Are aware that your application must be submitted to the Redevelopment Agency of the City of Azusa along with a pre-screened certificate from an approved lender to be considered for a loan. 2)Are aware and understand that the City reserves the right to reverse any loan approval based on additional information discovered thatproves the applicant is not eligible for assistance. 3) Certify that the information contained in this application including all exhibits is true and complete as of the date below. 4) Agree that this application is the property of the City and need not be returned to you. 5) Authorize the City to verify the accuracy and completeness of all information above from any source the city chooses. 6) Certify that you have not had ownership interest in a residential unit within the last five years. IF ANY INFORMATION IS WITHHELD, FALSIFIED, OR WILLFULLY MISREPRESENTED,THE CITY RESERVES THE RIGHT TO REFUSE FUNDING,OR TO CALL THE LOAN DUE IMMEDIATELY UPON DEMAND. ACCEPTANCE OF THIS APPLICATION BY THE CITY DOES NOT MEAN YOU HAVE BEEN APPROVED FOR A LOAN. THE CITY WILL NOTIFY YOU IN WRITING IF YOU HAVE BEEN APPROVED OR DENIED FOR A LOAN. IF YOU ARE MARRIED AND APPLYING FOR CREDIT IN YOUR NAME ALONE,THIS AUTHORIZATION EXTENDS TO VERIFY INFORMATION ABOUT YOUR SPOUSE. Applicant Signature Date Co-applicant Signature Date All financial information provided is confidential and shall not be a part of public record. For more information call: Redevelopment Agency of the City of Azusa Sandra Benavidez: 626-812-5299 Down Payment Assistance Program Application 7/31/2008 CURRENT (Please List All Sources QfHousehold Income) Source Applicant Co-Applicant Other Household Total Monthly Members 18 Or IncomeOlder Sala Base Pa Overtime Pa Commissions $ $ S $ Fees S S $ $ Tips $ $ $ $ Interest And Or/Dividends $ $ $ $ Bonus Rental Income Social Security/Pension/Retirement $ S $ $ Alimony/Child Support $ $ $ $ Welfare Other $ $ $ $ Other Total Monthly Household Income: $ Down Payment Assistance Program Application 7/31/2008 EXHIBIT: , COMPOSITIONHOUSEHOLD Name Relationship Age Social Security Number Applicant Please check the racial group which describes your household (optional): ❑ White ❑ African American ❑ Native American ❑ Asian ❑ Latino ❑ Other: ❑ Alaska native ❑ Native Hawaiian or other Pacific Islander Does anyone live with you now who are not listed above? ❑Yes ❑No Does anyone plan to live with you in the future who are not listed above? ❑Yes ❑No Please explain any yes answers to the questions above: The information provided above is true and complete to the best of my/our knowledge and belief. Uwe consent to the disclosure of income and financial information from my/our employer and financial reference for purposes of income and asset verification related to my/our application. Applicant Date Co-applicant Date Down Payment Assistance Program Application 7/31/2008 EXHIBIT: C Sample Lead-Based This contract is contingent upon a risk assessment or inspection of the property for the presence of lead- based paint and/or lead-based paint hazards at the purchaser's expense until 9 p.m. on the tenth calendar-day after ratification. This ending date is: [Insert date 10 days after contract ratification or a date mutually agreed upon]. This contingency will terminate at the above predetermined deadline unless the purchaser (or purchaser's agent) delivers to the seller (or seller's agent) a written contract addendum listing the specific existing deficiencies and corrections needed,together with a copy of the inspection and/or risk assessment report. The seller may,at the seller's option,within days after deliveryof the addendum,elect in writing whether to correct the condition(s)prior to settlement: If the seller will correct the condition,the seller shall furnish the purchaser with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of the settlement. If the seller does not elect to make the repairs, or if the seller makes a counteroffer, the purchaser shall have days to respond to the counter-offer or remove this contingency and take the property in "as is" condition or this contract shall become void. The purchaser may remove this contingency at any time without cause. Seller name: Date: Seller name: Date: Purchaser: Date: Purchaser: Date: Property Address: Down Payment Assistance Program Application 7/31/2008 EXIIIBITD Federal Income Tax Return Filing Statement Please complete the following if you did not file a federal income tax return for any of the last 3 years. I/we, (Print Your Name),did not file a federal income tax return for the following years: for one of the following reasons: 1. I/we were instructed by the internal revenue services that my/our income was not sufficient to file a federal income tax return. Please indicate the year: 2. I did not work,I was Please indicate the year(s): 3. Other: I/we, the above-named applicant(s), by signing below, hereby acknowledge, under penalty of perjury,and assert that the statement herein is true and correct,and that any false statement will be just cause for the City of Azusa to request the full repayment of any loan assistance provided through the program. Applicant/Household Member Signature Date Applicant/Household Member Signature Date Appheant/Household Member Signature Date Applicant/Household Member Signature Date Down Payment Assistance Program Application 7/31/2008 l EXHIBIT AuthorizationReview 1 Of Your Credit Report Program applicants and household members over the age of 18: Please complete the following for all persons 18 years of age and older who are living and will be living in the home purchased through the City of Azusa's First-time Down Payment Assistance Program. All persons in the household must obtain a social security number prior to being considered for assistance through the City of Azusa's First-time Down Payment Assistance Program. Please complete all names as shown on your social security card. 1. I/we hereby authorize the Redevelopment Agency of the City of Azusa to exchange information regarding my credit application for a down payment assistance/first-time homebuyer program loan,including any report from a credit reporting agency; and 2. I/we hereby authorize the City of Azusa or its authorized representatives to obtain a credit report and/or title report in conjunction with my/our application for assistance through the city of Azusa's down payment assistance/first-time homebuyer program Name: Social Security Number: Signature: Date: Name: Social Security Number: Signature: Date: Name: Social Security Number: Signature: Date: Down Payment Assistance Program Application 7/31/2008 EXHIBIT F Equi", Share Disclosure Uwe hereby agree and understand that the agency will share a portion of the net profit Uwe could make in a subsequent sales,based on the original assistance from the agency divided by the purchase price of the home,net of any additional assistance provided by other agencies.The note will be due and payable upon the sale of the property, if the property is no longer occupied as my/our primary residence, an unapproved refinance or change of ownership to a non-family memberbefore expiration of the 45 year term.An example of this equity share,as it would apply to a low-income program participant, is as follows: DPAP Equity Share Calculation Purchase Price $385,000 Closing Costs $15,000 Total Acquisition Cost $400,000 FA First Loan $260,750 Agency DPAP Loan $120,000 Borrower Contribution $19,250 Total Funding $400,000 a; Amount of Borrower's First Loan $260,750 Amount of Agency DPAP Loan $120,000 Percentage of Agency Assistance 30% Sales Price $600,000 Equity $215,000 Agency's Share @30% $64,500 Borrower's Share @ 70% 1$150,500 Applieant/Household Member Signature Date Co-Applicant/Household Member Signature Date Down Payment Assistance Program Application 7/312008 EXHIBIT G Monitoring Disclosure I/we hereby agree and understand that the agency will monitor annually to ensure the home has remained our primary residence. We will be required to mail to the agency a copy of our hazard insurance policy,home telephone bill,a copy of our property tax bill,and a copy of our Azusa light and water utility bill, in July of each year. In addition,the City or the Agency will monitor the general upkeep of the home purchased with Agency assistance. We agree to keep the home in good condition,with no excessive weeds,debris or chipped paint. Applicant/Household Member Signature Date Co-Applicant/Household Member Signature Date Down Payment Assistance Program Application 751!2008 Exhibit H: Homebuyer Education Providers Please note that some of the organizations listed below may charge a fee. L.A. Partners Patriotic Hall Seminars 1816 S. Figueroa Street Los Angeles,CA 90012 Seminar Registration: (323) 890-7190 L.A. Neighborhood Housing Services (LANHS) Provides a 12-hour Homebuyer Education Seminar 3926 Wilshire Boulevard,Suite 200 Los Angeles, CA 90010 Seminar Registration: (888) 895-2647 General: (213) 381-2862 Inglewood Neighborhood Housing Service (INHS) 335 E. Manchester Boulevard Inglewood,CA 90301 (310) 674-3756 West Angeles Community Development Corporation (WACDC) Provides a 12-hour Homebuyer Education Seminar 6028 S. Crenshaw Blvd. Los Angeles, CA 90043 (323) 751-3440,Extension 29 for homebuyer seminars Consumer Credit Counseling Service of Los Angeles 5628 E. Slauson Avenue Commerce, CA 90040 (323) 869-5157 www.cccsla.ory for seminar schedule information Mothers of East Los Angeles (MELA) 3354 Olympic Blvd. Los Angeles, CA 90023 (323) 266-8832 Community Financial Resource Center 4060 S. Figueroa Street Los Angeles, CA 90037 (323) 233-1900 Down Payment Assistance Program Application 7/31/2008 Exhibit I: Approved Lenders Coldwell Banker David Steven Company 631 N. Azusa Avenue Azusa, CA 91702 Tel: (626) 334-9300 www.homenloan.com GEM Mortgage Rainier(Ray) Sunga A Division of Golden Empire Mortgage, Inc. 664 Shoppers Lane, Suite A Covina, CA 91723 626-967-3236 626-221-2860 Provident Bank Mortgage Anthony Olague, 1200 East Route 66, #102 Glendora, Ca 91740 Tel: (626) 963-8456 Wells Fargo Home Mortgage 4590 MacArthur Blvd#125 Newport Beach, CA 92660 Phone: (949) 809-2560 Down Payment Assistance Program Application 7/31/2008 Guild Mortgage Company Patty Machun 9160 Gramercy Drive San Diego, CA 92123 (858) 560-6330 Douro Payment Assistance Program Application 7/31/2008 t pF�,g2 AGENCY AGENDA ITEM TO: THE HONORABLE CHAIRPERSON AND AGENCY BOARD MEMBERS FROM: KURT CHRISTIANSEN, AICP ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR` DATE: AUGUST 4, 2008 SUBJECT: UPDATE ON BLOCK 36 MILESTONE STATUS; CONSIDERATION OF A RESOLUTION TERMINATING THE 2006 AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (BLOCK 36 PROJECT) WITH REG AZUSA, LLC, A SUBSIDIARY OF LOWE ENTERPRISES, INC. RECOMMENDATION It is recommended that the Agency Board consider the "Milestone" status of the Developer and provide direction as to the termination or possible extension of the 2006 Amended and Restated Disposition and Development Agreement ("DDA") with REG AZUSA, LLC, an affiliate of Lowe Enterprises, Inc. ("Lowe"). EXECUTIVE SUMMARY The First Amendment to the DDA, approved on May 28, 2008 contained three milestones which were to be achieved by Lowe. The Agency Board may elect to terminate the DDA should Lowe fail to achieve a milestone by the agreed upon date. To date, Lowe has failed to achieve Milestone 1 (Due July 15, 2008) and Milestone 2 (Due July 31, 2008). The Agency Board may elect to terminate the DDA, continue with the DDA which expires on September 29, 2008, or direct staff to consider any revised proposals from Lowe. Continuation with the current DDA requires no action of the Agency Board at this time. If the Agency chooses to terminate the DDA the Executive Director will provide Lowe with notice of that decision and facilitate the process to terminate the escrow for the pending sale of Agency owned land to Lowe. BACKGROUND The Project The proposed project would be located at the Southeast Comer of Foothill Boulevard and Azusa Avenue and would consist of a 3 story mixed use development with some four story elements as provided in the ORANGETHULLW9144.1 The Honorable Chairman and Members of the Agency Board Subject:2006 Amended and Restated Disposition and Development Agreement(Block 36)-Milestone Update August 4,2008 Page 2 of 2 Development Code. The Project is consistent with the scale and scope of development identified in the General Plan and Development Code of the City of Azusa. The proposed project would include sixty-six (66) condominium units, 34,998 square feet of retail space, and a 315 stall subterranean parking structure. Additionally, the development will provide for the replacement of the fagade of the Bank of America building to be consistent with the overall architectural design of the Project. Preliminary projections indicate that all condominiums will be 2-bedroom units ranging from 1,100 square feet to 1,650 square feet. All units will be at market rate and be made available for presale to"Pillars of the Community." First Amendment to the Amended and Restated 2006 Disposition and Development Agreement('DDA ') The Redevelopment Agency of the City of Azusa has been working to redevelop the Block 36 site for over ten years and has been negotiating with Lowe Enterprises, Inc. over the past 900 days to redevelop the site into a first class mixed use project that would serve to anchor downtown revitalization efforts in Azusa. On February 6, 2006, the Agency Board approved the Exclusive Negotiation Agreement (ENA) between the Agency and Lowe for development of the 2.85 acre Block 36 site. The ENA proposed that the Agency and Lowe negotiate diligently and in good faith towards the goal of producing a mutually acceptable Disposition and Development Agreement. The original ENA was approved for a 180-day period, extended administratively for an additional 60 days, as allowed by the ENA terms, and subsequently extended an additional 90 days by the Agency Board. The final 90 day extension was due to delays in receiving information from Bank of America relative to the project scope. With the adoption of the original DDA on January 16,2007 the Developer was to have completed all conditions to close on or by October 8, 2007. The Developer requested of the City Council that the original DDA term be extended for ninety(90) days as outlined in the original DDA. .The City Council on October 22, 2007 granted a ninety (90) day extension of the original DDA to allow the Agency and Developer to negotiate modifications to the DDA which would allow for the development of the Project. On November 19, 2007 the Agency Board and City Council approved an Amended and Restated Disposition and Development Agreement which among other things granted Lowe an extension through May 31, 2008 to allow for utility relocation work. Although the utility work will be completed on or before June 30, 2008, a significant shift in economic market conditions has caused Lowe to seek various modifications, which are detailed below, to the Amended and Restated DDA approved on November 19, 2007. Primary Deal Points of the First Amendment to the DDA 1. Escrow Closing Date. Developer shall meet all the terms stipulated in the DDA on or before September 29, 2008. This provided the Developer with a four month extension from the close of escrow date, which was May 31, 2008. The extension period was provided so the Developers may accomplish the following milestones: a. Milestone 1.No later than July 15, 2008 (INCOMPLETE) • Developer shall execute a term letter with a senior construction lender pursuant to which such lender will provide a construction loan for the Project on terms and conditions that are acceptable to Developer. b. Milestone 2. No later than July 31, 2008 (INCOMPLETE) • Developer shall demonstrate to Agency that Developer has applied for New Market Tax Credits and provide a schedule of the anticipate review and approval process. c. Milestone 3. No later than September 28, 2008 • Developer shall have secured all necessary financing to proceed with the Project. ORANGE\EHULL\49144.1 The Honorable Chairmen and Members of the Agency Board Subject:2006 Amended and Restated Disposition and Development Agrearnent(Block 36)—Milestone Update August 4,2008 Page 2 of 2 2. Commercial Leasing Requirements. Developer shall have executed binding letters of intent with future tenants to lease more than twenty percent (20%) of the gross leaseable area of the retail component of the Project. Developer shall have executed binding letters of intent with future tenants to lease no less than twenty percent (20%) of the gross leaseable area of the retail component of the Project. As previously stated, Lowe has failed to achieve both Milestone l and 2. Current market conditions continue to impact the Projects ability to secure financing with a senior construction lender, therefore impacting the application for the New Market Tax Credits. Lowe is currently negotiating leases for approximately 10% of the gross leasable area while another 21%is currently under negotiation at the Letter of Intent stage. FISCAL IMPACT There is no fiscal impact associated with proposed actions. Attachments: 1. Resolution terminating the 2006 Amended and Restated Disposition and Development Agreement (Block 36 Project) By And Between The Redevelopment Agency Of The City Of Azusa and REG AZUSA,LLC an affiliate of Lowe Enterprises, Inc. 2. Draft letter of termination for the 2006 Amended and Restated Disposition and Development Agreement (Block 36 Project) By And Between The Redevelopment Agency Of The City Of Azusa and REG AZUSA, LLC an affiliate of Lowe Enterprises, Inc. ORANGE\EH ULL\49144.1 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DIRECTING THE EXECUTIVE DIRETOR TO TERMINATE THE 2006 AMENED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (BLOCK 36 PROJECT) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND REG AZUSA, LLC AN AFFILIATE OF LOWE ENTERPRISES, INC.,AS AMENDED WHEREAS, pursuant to the California Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.) ("CRL"), the City Council of the City of Azusa ("City") approved and adopted a Redevelopment Plan ("Redevelopment Plan") for the redevelopment Project Area known as the Merged Central Business District and West End Redevelopment Project Area("Project Area"); and WHEREAS, the Governing Board of the Redevelopment Agency of the City of Azusa ("Agency")is engaged in activities to implement the Redevelopment Plan for the Project Area pursuant to the provisions of the CRL; and WHEREAS, on January 16, 2007, the Agency approved that certain 2006 Disposition and Development Agreement (Block 36 Project) with REG Azusa, LLC, a Delaware limited liability company ("Developer") for the disposition and development of certain real property ("Property") as a mixed-use project ("Project") including 32,500 square feet of commercial space, sixty-six (66) housing units and a 330 stall subterranean parking structure, as set forth in the Agreement; and WHEREAS, on November 19, 2007, the Agency approved that certain First Amended and Restated Disposition and Development Agreement; and WHEREAS, on May 28, 2008, the Agency approved that certain Fust Amendment to the Amended and Restated 2006 Disposition and Development Agreement ("Agreement"); and WHEREAS, pursuant to Subdivision(dddd) of Section 1.1 of the Agreement, Developer was required to execute a term letter with a senior construction lender by July 15,2008; and WHEREAS, pursuant to subdivision (dddd) of Section 1.1 of the Agreement, Developer was required to demonstrate to Agency that Developer has applied for New Market Tax Credits and provide a schedule of the anticipate review and approval process by July 31, 2008; and WHEREAS, Developer has failed to secure the requisite letter of credit, demonstrate the application for New Market Tax Credits, or provide a schedule for review and approval of a New Market Tax Credit application; and Page 1 of 3 ORANGEtSKLEINBERGA91032 WHEREAS, pursuant to Subdivision (dddd) of Section 1.1 of the Agreement, the Agency has decided, in its sole and unfettered discretion, to terminate the Extension Period and Escrow, and the Parties are to proceed with the Escrow Cancellation provisions; and WHEREAS, based upon Developer's failure to perform, the Agency desires to terminate the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Redevelopment Agency of the City of Azusa as follows: Section 1. Incorporation of Recitals. The recitals preceding this Resolution are true and correct and are incorporated into this Resolution by this reference. Section 2. Termination of Agreement. The Agency governing board hereby terminates the Agreement. Section 3. Authority of Executive Director. The Agency governing board hereby authorizes and directs the Executive Director of the Agency(with the concurrence of Agency Counsel) to execute and deliver on behalf of the Agency all documents and instruments as may be necessary or convenient in the furtherance of the Agency's actions in this Resolution. Section 4. Effective Date. The Agency Secretary shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force immediately upon its adoption. APPROVED AND ADOPTED this_day of 2008. Chair of the Redevelopment Agency of the City of Azusa ATTEST: Agency Secretary I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting held on the day of 2008. AYES: AGENCY MEMBERS: Page 2 of 3 ORANGEESKLFIKBERGA9103.2 c NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Agency Secretary Page 3 of 3 ORANGEISKLEIN B ERG�49103 2 INSERT ON RDA LETTERHEAD July 28,2008 BY U.S.MAIL.&CERTIFIED MAIL RETURN RECEIPT REQUESTED Thomas W. Wulf, Senior Vice President REG Azusa, LLC 11777 San Vicente Boulevard, Suite 900 Los Angeles, California 90049 Timi Anyon Hallem Manatt, Phelps &Phillips, LLP . 11355 W. Olympic Boulevard Los Angeles, CA 90064 Re: Notice of Termination of Disposition and Development Agreement for Block 36 Project Dear Mr. Wulf: On January 16, 2007, the Redevelopment Agency ("Agency") and City Council ("City Council") of the City of Azusa adopted that certain 2006 Disposition and Development Agreement by and between t Agency and REG AZUSA, LLC an affiliate of Lowe Enterprises, Inc. ("Lowe") for the development of the Block 36 Project. On November 19, 2007, the Agency Board and City Council approved an Amended and Restated Disposition and Development Agreement which among other things granted Lowe an extension for the close of escrow through May 31, 2008 (collectively the"Agreement"). On May 28, 2008, the Agency entered into a First Amendment to the Amended and Restated 2006 Disposition and Development Agreement ("First Amendment")with Lowe for the Block 36 Project. In accordance with Subdivision (dddd) of Section 1.1 of the First Amendment, Lowe was to perform the following tasks: a. Milestone 1.No later than July 15, 2008 • Developer shall execute a term letter with a senior construction ORANGEISKLEINBERG419101.1 Block 36 Termination Letter July 28, 2008 Page 2 lender pursuant to which such lender will provide a construction loan for the Project on terms and conditions that are acceptable to Developer. b. Milestone 2. No later than July 31,2008 • Developer shall demonstrate to Agency that Developer has applied for New Market Tax Credits and provide a schedule of the anticipate review and approval process. c. Milestone 3. No later than September 28, 2008 • Developer shall have secured all necessary financing to proceed with the Project. To date, Lowe has failed to perform Milestone 1 and Milestone 2 as required by the First Amendment. As Lowe failed to satisfy the first two Milestones of the Agreement, the Agency has decided, as provided for in Subdivision (dddd) of Section 1.1 of the First Amendment, in its sole and unfettered discretion, to terminate the Extension Period and Escrow. Pursuant to the provisions of the Agreement as amended the Parties are to proceed with the Escrow Cancellation provisions. Further, as Lowe's failure to perform pursuant to this provision constitutes default under the Agreement, the Agency hereby terminates the Agreement as provide for in the First Amendment. Please contact me if you have any questions or comments regarding this notice. I can be reached directly at 626.812.5238. Sincerely, F.M. Delacb Executive Director Redevelopment Agency City of Azusa ce: Bobbie Purdy,First American Title, Escrow Agent Honorable Mayor and City Council Members Elizabeth Hull,Agency Counsel ORANGMSKLEYNBERGW9101.1 _ e„tt/nQRc"p` CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,JULY 21,2008—10:52 P.M. The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium,213 E.Foothill Blvd.,Azusa CA. Chairman Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,RANKS,ROCHA ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Hull,Assistant Executive Director Makshanoff,Tierra West Consultant Ometeotl,City Department Heads,Deputy Secretary Toscano,Secretary Mendoza. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT P.M.10:52 P.M. Convene jointly w/CRA JOINT AGENCY/CITY ITEM Joint item REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY. (This is an CRA Advance advance of 51,283,070 from the City's General Fund to the Redevelopment Agency). Director Hanks offered a Resolution entitled: - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING Res.08-R32 A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT Requesting PROJECT AREA. Loan from City Moved by Director Hanks,seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,,HANKS,ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res-08-C64 PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA Authorizing Loan Moved by Cmmcilmember flanks,seconded by Mayor Pro-Tem Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCI MEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMPMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of items F-1 through F-3,was approved by motion of Director Consent Cal, Carrillo,seconded by Director Gonzales and unanimously carried. approved I. The minutes of the regular meeting of July 8,2008,were approved as written. Min approved 2. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OFAZUSA MAKING Res.08-1133 A FINDING THAT THE PLANNING AND ADMINISTRATIVE EXPENSES TO BE FUNDED Ping&Admin FROM THE LOW AND MODERATE INCOME HOUSING FUND ARE NECESSARY FOR THE Expenses by PRODUCTION,IMPROVEMENT OR PRESERVATION OF THE COMMUNITY'S SUPPLY OF funded by Low& LOW AND MODERATE INCOME HOUSING. - Mod 3. Resolution authorizing payment of warrants by the Agency was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF .THE CITY OF AZUSA Res.08-1134 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUTOF REDEVELOPMENT Warrants AGENCY FUNDS. SPECIAL CALL ITEMS Spec Call Items None. None It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn TIME OF ADJOURNMENT: 11:01 P.M. - SECRETARY NEXT RESOLUTION NO. 08-R35. 07/21/08 PAGE TWO AGENCY CONSENT IT TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURER DATE: AUGUST 4, 2008 SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF CASH BALANCES FOR THE MONTH OF JUNE 2008 RECOMMENDATION It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa for the month of June 2008. BACKGROUND Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa ("Agency") for the month of June 2008. Agency investments are made in accordance with the Redevelopment Agency Investment Policyapproved and adopted with Resolution No. 07-R18 dated June 18, 2007, and Government Code Section 53601. Investment activity is summarized in the "Treasury Book Balances-Cash and Investments" schedule, attached herewith and an integral part of this report. In June, Agency cash and investment balances decreased by$4,138,923.06. Cash received during the month totaled $4,635,415.77, and total disbursements of $8,774,338.83 were made. The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of$10,063,003.70,Wells Fargo Bank,the fiscal agent, held$3,111,810!27 on behalf of the Agency. These funds are restricted for payment of debt service on the bonds and special bond-funded projects. The remaining $6,951,193.43 was available for Agency operating, debt service, restricted expenses, and outstanding liabilities. FISCAL IMPACT The balance of cash and investments and projected revenues for the next six months is expected to be sufficient to meet cash disbursement requirements for at lost the next six months. Prepared by: Roseanna 1.Jara,Sr.Acct.Redevelopment MH:RJJ/cs CITY OF AZUSA REDEVELOPMENT AGENCY AGENCY TREASURER'S STATEMENT OF CASH AND INVESTMENT COST BALANCES JUNE 2008 Beginning Cash Balance $14,201,926.76 (All Restricted and Unrestricted Accounts & Investments) Receipts (All Sources) 4,635,415.77 Disbursements (8,774,338.83) Ending Cash Balance $10,063,003.70 (All Restricted and Unrestricted Accounts & Investments) Marcene Hamilton, Agency Treasurer T CITY OF AZUSA ' REDEVELOPMENT AGENCY TREASURY BOOK BALANCES-CASH AND INVESTMENTS JUNE 2008 .1 Maximum Deposits Cost Interest It Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value' CASH AND INVESTMENTS HELD BY AGENCY TREASURER Wells Fargo Bank Govemmenl Checking No limit $559,947.23 FDICup Io$100,00000 Ongoing 0000% $559,047.23 >$100,060 cdlaledzed by 110%in goo^'t securillas Local Agency Investment Fund(LAIF) $20,000.00000 6,391,34620 Backed by raith 8 credit of the Slate of California Ongoing 2.894% 6,391,020.03 SUBTOTAL CASH AND INVESTMENTS HELD BY AGENCY TREASURER: $6,951,193.43 $6,950,675.26 Interest Collections: $0.00 CASH AND INVESTMENTS HELD BY FISCAL AGENT 2003 Merced Protect Tax Allocation Bond 2003A Si sdal Fund AIM GoVI Portfolio No limn 26,520.06 Investments in direct obligations of the U.S.Treasury Ongoing 1 970% 26,520.06 2003A Interest Account AIM GoVi Pogfollg No limit 7142 Investments in direct obligations of the U.S.Treasury Ongoing 1400% 7142 20 A Pdndpai Account AIM GoVt Portfolio No limit 303.02 investments In direct obagallons of the U.S.Treasury Ongoing 1990% 303.02 AIG Ma[chM Funding Conduction No limd 1,085,192.59 Guaranteed Investment Agreement 0712923 4.780% 1,005,192.59 200$Merged Project Tax AllonUon Bonds Subtotal: $1,112,067.09 $1,112.087.09 Interest Coll..11i $44.19 2005 Merged Praiect Tax Allocation BOMB - 2005 Special Fund Wells Fargo Advantage GoVt MmM No limit . $1031.96 WA Ongoing 1.940% $1,031.96 20051nterest Account Weds Fargo Advantage Govt MmM No tlmd 4504 WA Ongoing 2220% 45,04 2005 Redevelopmenl Fund - AIMGodlPonfolic No limit 9.43 Investments in dined obligations a the U.S.Treasury Ongoing 2.550% 9.43 AIM Institutional PomeCash MgmAIMk No Urnit 794.964.32 WA Ongoing 2.3105s 794,966.32 2005 Reserve Account MBIA Flexible Draa loveslment Agreement No liant 869,710.38 Guaranteed Investment Agreement 013 194 4.70% 069,710.38 2005 Merged Project Tax Allocation Bonds Subtotal $1,665,761.13 $1,685,761.13 Interest Collections: $1.597.54 2007A Merged Protect Tax Allocation Bonds 2007A Band Fund CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES-CASH AND INVESTMENTS JUNE 2008 •1 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value` Weis Forgo Advantage i00%Treasury MmId No limit $0,62 WA Ongoing 0.000% 50.62 207A Interest Account Wells Fargo Aovarmcia 100%Treasury Mmk1 No limit S140.47 N/A Ongoing 1 420% $140.47 2007A Redevelopment Fund Weis Forgo Ad,amWm lN%Treasury Mmkt No limit 3000 WA Ongoing 1.170% $0.00 2007A Coal of Issuance Account Weis Faroe Advantage 100%Treasury Mmkt No limit 0.00 N/A Ongoing 1.160% 0,00 2007A Merged Project Tax Allocation Goods Subtotal: $14109 $14109 Imerest Council..; 54,066a9 20078 Merged Protect Tax Allocation Bonds 20078 Send Fund Wells Fargo Advantage 100%Treasury Mmkt No limit $8,742.31 N/A Ongoing 1,270% $9,742.31 20078 Internal Account Wells Fargo Ativantam 100%Treasury Mmkt He limit 536.15 NA - Otgmng 0.996% $36.15 20078 Reserve Fund Wolfs Fargo AdvanWge 100%Treasury MrMd No limit 325,042.50 N/A Ongang 1.270% 325,042.50 20078 Merged Project Tax Allocation Goods Subtobl: 5333,820.96 $333.820.96 Intareet cglleglons: 3300 B5 SUBTOTAL CASH AND INVESTMENTS HELD BY FISCAL AGENT: $3,111,910.27 $3,111,810.27 Total-Azusa Redevelopment Agency Cash and Investments: $10,053,003.70 $10,052,68553 Total Interest Collections: $6,009.47 Source of Market Value Intomrotbre Wells Fargo Corporate Trust,Trustee Local Agency lnvestmenl Fund(LAIF) Wals Fargo Institutional Securities Tax A0oo0on Band Data Is based on Trustee-generated Statements;bond funds listed herein aro restricted for payment of debt service and governed by stnfl regulations described In Me Trust Indentures. 'Market Value is Ne current once at which a secbdry can be traded or WARRANT REGISTER NO.23 FISCAL YEAR 2007-08 WARRANTS DATED 06/16/08 THROUGH 06/30/08 !� FOR REDEVELOPMENT AGENCY MEETING OF 08-04-08 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-110-REDEVELOPMENT ADMINISTRATION FUND $ 112.222 71 80-125-CBD CAPITAL PROJECTS FUND 76,059 77 80-135-WED CAPITAL PROJECTS FUND 10,715,49 80-185-RANCH CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 4.410.00 82-125-CBD DEBT SERVICE FUND 82-135-WFD DEBT SERVICE FUND 278,196.78 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 481.604.75 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records, ADOPTED AND APPROVED THIS DAY OF 2008. Chairman I HER CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof,held on the day of 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Aajsa HP 9000 07/30/08 O P E N H O L D D B LISTING By Ehtity Nacre 1 VdIIT, JUL 30, 2008, 5:02 EM ---req: XSE-------leg: GL JL---lcc: BI-'TS74---jCb: 603033 #J370----pgn; CYf400 <1.34> rpt id: �02 S= Rk D Ccchs: 80-82 ; Check Issue Rates: 061608-063008 PE ID PE Na¢e ACT= NMM / JOB NU"BER Invoice Nader Description St Disc. Pnt. Dist. A=. V10164 ARCADIA PMPEiLCY 8010125000-6815 T 34187 FY 07/08 RAUM M PD 0.00 612.00 PEID d: 0.00 Paid: 612.00 'Ibtal : 612.00 V05613 AT&T 8010110000-6915 6263345464052408 6263345464/05177 FD 0.00 8.82 PEID t ed: 0.00 Paid: 8.82 Tbtal: 8.82 V01305 AaM Ci`IY FID C 8000000000-3035 2610/0801013 x#13/08 PD 0.00 206.25 PEID 0.00 Paid: 206.25 Total: 206.25 V95948 AZUSA, CITY OF 8000000000-3042 061008 REE BVA FD 0.00 200.88 V95948 AaM, CITY OF 8000000000-3042 061008 REDU On MA PD 0.00 242.54 PESd: 0.00 I�id: 443.42 Total.: 443.42 V07432 BARR & CLARK ENV BU0155000-6650/505300-6650 18346 FINAL/311N UMN PD 0.00 200.00 PEID -inaiU%id! 0.00 d: 200.00 Ictal.: 200.00 V05804 BEST BEST & KRIE 8010125000-6301/505900-6301 574532 4/08 LarAZ CLIN PD 0.00 832.30 V05804 EEST ET & KRIE 8010125000-6301/505825-6301 574534 4/08 LC3rT�T FD 0.00 4,242.70 V05804 BFS = & K:U 8010125000-6301/50S800-6301 574533 4/08 LGL-LENIN N FD 0.00 4,253.35 VD5804 PEST PEST & KRIE 8110155000-6301 574532 4/ GL 08 I -AZ CLIN FD 0.00 60.90 VD5804 BEST BEST & ME 8010125000-6301/650205-6301 574532 4/08 LCI AZ CLIN PD 0.00 81.20 IS V05804 EEST EAST & KR8010125000-6301/505800-6301 574532 4/08 LG AZ CLIN FD 0.00 1 268.70 W5804 BEST FEST & KRIE 8010125000-6301/505700-6301 574532 4/08 LM< AZ CLIN PD 0.00 1;177.40 V05804 QST F¢ST & KRIE 8010110000-6301 574532 4/08 LGA AZ CLIN FD 0.00 304.50 V05804 EEST EEST & KRIE 8110155000-6301 574531 4/08 LG Vn A A FD 0.00 4,149.10 VV005804 � & KRIB 8010135000-6301/503301-6301 574522 4/08 U�PRC CSBL FD 0.00 10'366.00 City of Azusa HP 9000 07/30/08 O P E N H 0 L D D B LISTING By R�ia tity Mae Page 2 Y� JCII 30, 2008, 5:0?, R'I ---req: �-------leg: GL JL---loc: BI-TECH---job: 603033 #070----p9m: I400 <1.34> rpt id: CxaFi,IR02 SELECT FIND Qx'es: 80-82 ; Ch--,k Issue Utes: 061608-063008 PE ID PE Nave ACJODNP N[NBHR / SOB RIvEE2 Invoice Nisier Descripticn St Disc. ELrt. Dist. Art. PMi�d: 0.00 Paid: 27,085.64 Total: 27,085.64 V06783 =SIREET 8000000000-3010 2315/0801013 PR##13/08 PD 0.00 120.63 PEIDLt�d: 0.00 Paid: 120.63 Total: 120.63 V08010 DUKE'S LPIC9MPI 8010125000-6815 00865 NM SERVICES PD 0.00 640.00 ID Upaid: 0.00 Paid: 640.00 Total: 640.00 V00331 FOAL EXPRESS 8010125000-7105/505800-7105 273047036 117052788/E.IMI PD 0.00 29.90 V00331 FECERAL EXPRESS 8010125000-6625/505800-6625 273047036 117052788/S.YCM PD 0.00 23.61 PEID UjDaid: 0.00 Paid: 53.51 Total: 53.51 V10576 FRJ & AS93CIAIES 8010125000-6345/506000-6345 AZU152 CIV REFI-CaI N1EL FD 0.00 1,795.95 PEID0.00 id: 1,795.95 Total: 11795.95 V01646 BEL JJZFN & cm 8010110000-6493 0014005IN FY 07/08 SALES & FD 0.00 1,200.00 PES Upai.A: 0.00 Paid: 1,200.00 Total: 1,200.00 V05574 I%.N NCXNI7CEN RE 8010110000-6493 M650UvA65008 NA65000-M65008 FD 0..00 105.90 FEID UrpaPaid: 105.90 Total: 105.90 V10011 IAN WERICA SXr 8000000000-1198 062308 AO T ESCFMLEP/N ED 0.00 .100,000.00 City of Azusa HP 9000 07/30/08 O P E N H 0 L D D B LISTING /Entity Nme WN7, JUL 30, 2008, 5:02 H*4 ---req: ROSE-------leg: GL JL---loc: BI-=---jcb: 603033 # 7370—�-pgn: QV4 O1.344> rpt id: �02 SELB7 FLND Axles: 80-82 ; Check Issue Dates: 061608-063008 PE ID PE NXe _ ACCaM U14ER / JCS NU4�E2 _ Invoiae Nirbex' Description St Disc. Ant. Dist. Art. 1 PEM d: 0.00 �d: 100,000.00 Tbtal: 100,000.00 V96319 LAURAIN &ASSCCI 8010125000-6325/505800-6325 8239 APPRSL-830 N A27J FD 0.00 1,900.00 FFMIh'atid: 0.00 Paid: 1,900.00 Total: 1,900.00 V03126 LINJMN bAITQPL, 8000000000-3010 2325/0801013 PF##13/08 FD 0.00 290.63 PEIDih�.�d: 0.00 Paid: 290.63 Total: 290.63 V10858 wX'S CIS= 8010125000-7035/650205-7035 032808 IN 635AZC>571/SFM FD 0.00 1,419.49 FEID. 0.00 Raid: 1,419.49 Total: 1,419.49 V01582 NMEL CX 44MCA 8010110000-6915 635925025071 635925025-070% FD 0.00 46.48 PETD Lh�,t�id: 0.00 Paid: 46.48 Ibtal.: 46.48 V06652 OFFICE W GUVIR 8010110000-6530 047212 F103611 CLASS. F FD y0.00 60.60 PM Paid: 60.60 Total: 60.60 V01440 OVEFIAM PACIFIC 8010125000-6399/505825-6399 0804155 4/08RELCZN SVC 8 PD 0.00 105.00 V01440 OV RLAM PACIFIC 8010125000-6399/505825-6399 0804156 4/08IUgCCN W/1 FD 0.00 65.00 PFSPaad: 170.00 Total: 170.00 V10355 PA IFIC COAST CI 8010125000-6399/505800-6399 12307 RG;G/IE[AL DEQ ED 0.00 3,300.00 C.Ity of Azusa HP 9000 07/30/08 O P E N H O L D D B L I S T I N G By Fang/Entity N�e P� 4 VSD, JL1 30, 2008, 5:02 FM ---req: RIS E-------lel: GL JL---lac: BI-Mli---jcb: 603033 #M70----p9m: 00 <1.34> rpt id: CHFLIR02 SF= RED (1=des: 80-82 ; Check Issue Dates: 061608-063008 PE ID PE Nage AOCiXW N[PM / JOB WEER Invoice U rbar Des=ption St Disc. Apt. Dist. Ant. V10355 PACiETC CQASF CI 8010125000-6399/505825-6399 12306 EDGG/= DE9C FD 0.00 3,400.00 PEOD LbCdd: 0.00 Pai : 6,700.00 Total: 6,700.00 V92617 PRICE FAMILY 8210135000-7001/503301-7001 062308 NIE YEAR 19/FRIG PD 0.00 278,196.78 FEID ihPaidid: 0.00 : 278,196.78 Total: 278,196.78 V06703 F3UMNA FRiNTIN 8010125000-6340/502801-6340 0660005200 PRINTU\G OF 2,80 PD 0.00 794.67 FEm t� . Paid: 7940 .67 Total: 794.67 V09080 03*= C1115lll 8010125000-6399/505700-6399 AZ2008014 FRJ M�U-BLK 36 PD 0.00 35,156.00 I£ID Tkuz�id: 0.00 Fraaiid: 35,156.00 Total: 35,156.00 V09301 SAFB3JARD DENIAL 8000000000-3052 1972088 FREPAS14433/scm PD 0.00 213.12 PEID Paid: 2130.120 Total: 213.12 V08056 STPD IIqgMAN 8000000000-3044 1255/0801013 013/08 FD 0.00 172.90 V08056 S» IRAN 8000000000-2725 1220/0801013 13/08 PD 0.00 63.55 PEID Uipal 0.00 Paid: 236.45 Total: 236.45 V10009 TIERRA WEST ADVI 8010110000-6345 101004 4/08 CUIREACH-IC PD 0.00 1,755.00 V10009 TIERRA WM AVJI 8010125000-6345/505900-6345 100804 4/08 Fid? MW-NE FD 0.00 770.00 V10009 TIERRA VEST ADVI 8010125000-6345/505825-6345 100904 4/08 FRJ M3ff-TA FD 0.00 1,485.00 V10009 TIERRA VEST AVVI 8010125000-6345/505700-6345 100604 4/08 FRJ M v1F-EL PD 0.00 4,520.00 V10009 TIERRA VEST ADVI 8010110000-6345 100604 4/08 FRT MNII'-SI' AJ 0.00 5,920.00 City of Azusa HP 9000 07/30/08 O P E N H 0 L D D B L,I S T I N G By I�r xg/Entity Nage 5 JUL 30, 2008, 5;02 FM ---req: �------leg: GL JL---loc: BI-`I@al---lob: 603033 W370----P3V: CI 00 <1.34> rpt id: CI�02 SELBZT FLDID Cbdss: 80-82 ; Check Issue Dates: 061608-063008 FE ID FE Narre ACCZYNI' NUNEER / JOB NU4ER Irrvoice nnber Des ption St Disc, Art. Dist. Ant. V10009 TIEWA WESP AWT 8010125000-6345/505800-6345 100104 4/08 PPJ MIT-IN FD 0.00 1,445.00 V10009 TIERPA WESP ADVI 8010125000-6345/505800-6345 100704 4 08 ACLN PRT M3 FD 0.00 3,822.50 V10009 TIEWA WESP AWI 8010125000-6340/502801-6340 100504 CELL SVC' FD 0.00 2,920.00 PESd: 0.00 d: 22,637.50 Total: 22,637.50 V10166 MCN BANK OF CA 8000000000-3073 2130/0801013 �#13/08 FD D.00 781.75 V10166 LNICN BPW OF CA 8000000000-2727 1130/0801013 013/08 FD 0.00 366.87 PEODd: 0.00 Paid: 1,148.62 Total: 1,148.62 V00388 VERI2CN 8010110000-6915 6261975078052808 626-1975078 PD 0.00 21.30 PEIDd: 0.00 d: 21.30 Total: 21.30 V00876 WASHIIUiEN MIIIA 8000000000-3010 2335/0801013 PF##13/08 PD 0.00 140.99 PEID LUYppai''d: 0.00 Paid: 140.99 Total: 140.99 GRAND T OTA L0.00 NPaid481,604.75 Total: 481,604.75 lit CITY OF AZUSA MINUTES Of THE AZUSA PUBLIC FINANCING AUTHORITY MONDAY,JUNE 16,2008-9:22 P.M. The Boardmembers of the Azusa Public Financing Authority of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 East Foothill Boulevard,Azusa. - Chairman Rocha called the meeting to order. Call to Order Roll Call ROLL CALL PRESENT: BOARDMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: BOARDMEMBERS: NONE Also Present ALSO PRESENT: General Counsel Carvalho, Executive Director Delach, City Department Heads, Secretary Mendoza, Deputy City Clerk Toscano. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AND THE Cncl convened AZUSA PUBLIC FINANCING AUTHORITY AT 9:22 P.M.TO CONSIDER THE FOLLOWING: w/CRA&APFA FISCAL YEAR 2008/09 CITY,AZUSA PUBLIC FINANCING AUTHORITY,AND REDEVELOPMENT 2008/09 Budget AGENCY BUDGET ADOPTION. Administrative Services Director/Chief Financial Officer A. Kreimeier Kreimeier presented the combined operating budget for all three entities as well as the CIP in Comments the amount $159,852,000, as reviewed at a meeting on May 27'h. He responded to questions posed by Councilmembers/Board Members/Directors regarding possible proposed State budget cuts due to the economy, the City's hiring freeze,JPA for Humane Service and request for details of the contract I.e.level of service and It was requested that staff include a CIP Report to monthly financial reports distributed. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET Res No.08-C46 AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR Appvg Budget COMMENCING JULY 1, 2008 AND ENDING JUNE 30, 2009. (City) Mayor Pro-Tem Carrillo abstained from the Concrete Improvements Project on the CIP Budget Carrillo due to a conflict of interest with property that he owns. Abstained Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE Res No.08- CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS R25 FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1,2008 AND Appvg Budget ENDING JUNE 30, 2009. (Agency) a Moved by Director Gonzales, seconded by Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the,agency: AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS. HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Board Member Carrillo offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING Res No.08-P2 AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE Appvg Budget AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY I, 2008 AND ENDING JUNE 30, (Authority) 2009. . Moved by Board Member Carrillo,seconded by Board Member Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: BOARDMEMBERS: GONZALES,CARRILLO,MACIAS, HANKS, ROCHA NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE THE REDEVELOPMENT AGENCY RECESSED, THE AZUSA PUBLIC FINANCING AUTHORITY CRA recess ADJOURNED AND THE CITY COUNCIL CONTINUED AT 9:34 P.M. APFA adjourn It was consensus of the Board Members to adjourn. Adjourn TIME ADJOURNMENT: 9:34 P.M. SECRETARY NEXT RESOLUTION NO.08-P3. 06/16/08 PAGE TWO - . k� CITY OF AZUSA MINUTES OF THE AZUSA PUBLIC FINANCING AUTHORITY MONDAY,MAY 5,2008-8:49 P.M. The Boardmembers of the Azusa Public Financing Authority of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 East Foothill Boulevard,Azusa. Chairman Rocha called the meeting to order. Call to Order Roll Call ROLL CALL PRESENT: BOARDMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: BOARDMEMBERS: NONE Nso Present ALSO PRESENT: General Counsel Carvalho, Executive Director Delach, City Department Heads, Secretary Mendoza, Deputy City Clerk Toscano. The CONSENT CALENDAR consisting of Item E-I and E-2 was approved by motion of Director Gonzales seconded by Director Carrillo and unanimously carried. 1. Minutes of the regular meeting of February 19 and the Joint meeting of March 3, 2008, were approved as written. 2. The Authority Treasurer's Report as of March 31, 2008 was received and filed. It was consensus of the Board Members to adjourn. Adjourn TIME ADJOURNMENT: 8:50 P.M. SECRETARY NEKr RESOLUTION NO.08-P2. (A7 *Vol AZUSA PUBLIC FINANCING AUTHORITY CONSENT IT TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD FROM: MARCENE HAMILTON, AZUSA PUBLICFINANCING AUTHOf;JTY TREASURE DATE: AUGUST 4, 2008 SUBJECT: AZUSA PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT OF CASH BALANCES FOR THE QUARTER ENDEDJUNE 30, 2008 RECOMMENDATION It is recommended that the Board Members receive and file the Azusa Public Financing Authority Treasurer's Statement of Cash Balances for the quarter endedJune 30, 2008. BACKGROUND Transmitted herewith is the Treasurer's Report for the Azusa Public Financing Authority for quarter ending June 30, 2008. Authority investments are made in accordance with the Authority Investment Policy adopted and approved with Resolution No. 07-P2 dated June 18, 2007, and Government Code Section 53600 et. seq. The Azusa Public Financing Authority is the issuer of three bond issues-the 1994 Sewer System Project Refinancing Certificates of Participation, the 2003 Capital Improvement Project Refinancing Certificates of Participation, and the 2006 Water System CIP Parity Revenue Bonds. The funds for these issues are restricted for payment of eligible capital Improvement expenses and debt service on the bonds,and are held and invested by fiscal agents who are trustees for the bonds. For quarter ending June 30, 2008, fiscal agents held total investments of$25,444,990.01. Total cash received for the quarter was $107,645.50, and disbursements of $8,734,598.72, were made, resulting in a total overall net decrease of$8,626,953.22. Disbursements were primarily for Water System Project costs, and cash receipts were comprised of interest income. FISCAL IMPACT The balance of cash and investments and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements for at least the next six months. Prepared by: Roseanna J. Jara, Sr. Acct.-Redevelopment MH:RIJ/cs CITY OF AZUSA AZUSA PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT OF CASH AND INVESTMENT COST BALANCES QUARTER ENDING JUNE 30, 2008 Beginning Cash Balance $34,071,943.23 Receipts (All Sources) $107,645.50 Disbursements ($8,734,598.72) Ending Cash Balance $25,444,990.01 (All Restricted and Unrestricted Accounts & Investments) Marcene Hamilton, Agency Treasurer CITY OF AZUSA AZUSA PUBLIC FINANCING AUTHORITY TREASURY BOOK BALANCES -CASH AND INVESTMENTS QUARTER ENDING JUNE 30, 2008 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value" CASH AND INVESTMENTS HELD BY FISCAL AGENT Wells Fargo Bank,Trustee 1994 Sewer Refunding Certificates of Participation Installment Payment Fund Wells Fargo Treasury Plus MMkt No Limit $8,671.32 N/A Ongoing 1.040% $8,671.32 Reserve Fund Berkshire Hathaway Inv Agrmt N/A $284,526.66 Guaranteed Investment Agreement 6/1/2023 6.040% $284,526.66 1994 Sewer Refunding COP's Subtotal: $293,197.98 $293,197,98 Interest Collections: $31.99 2003 CIP Refunding Certificates of Participation Lease Payment Fund AIM Gov't Portfolio No Limit $10,881.94 Investments in direct obligations of the U.S.Treasury Ongoing 1,980% $10,881.94 Reserve Fund AIG Matched Funding Corporation No Limit $482,500.00 Guaranteed Investment Agreement - 7/29/2020 4.400% 482,500.00 2003 CIP Refunding COP's Subtotal: $493,381.94 $493,381.94 Interest Collections: $60.89 2006 Water System CIP Parity Revenue Bonds Revenue Fund Wells Fargo 100%Treasury MMkt No Limit $2,136,746.22 N/A Ongoing 1.270% $2,136,746.22 Interest Account Wells Fargo 100%Treasury MMkt No Limit $2,003,550.00 WA Ongoing 1.270% $2,003,550.00 CITY OF AZUSA AZUSA PUBLIC FINANCING AUTHORITY TREASURY BOOK BALANCES -CASH AND INVESTMENTS QUARTER ENDING JUNE 30, 2008 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value" Principal Account Wells Fargo 100%Treasury MMkt No Limit $26,347.36 WA Ongoing 1.270% $26,347.36 Reserve Fund Wells Fargo 100%Treasury MMkt No Limit $3,649,875.00 N/A Ongoing 1.270% $3,649,875.00 Water System Acquisition Fund Wells Fargo 100%Treasury MMkt No Limit $16,841,891.51 N/A Ongoing 1.270% $16,841,891.51 2006 Water System CIP Revenue Bond Subtotal: $24,658,410.09 $24,658,410.09 Interest Collections: $107,552.62 Total -Azusa Public Financing Authority Cash and Investments: $25,444,990.01 $25,444,990.01 Total Interest Collections: $107,645.50 Source of Market Value Information: Wells Fargo Bank,Trustee Bond Data is based on Trustee-generated Statements;bond funds listed herein are restricted for payment of debt service and governed by strict regulations described in the Trust Indentures.