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HomeMy WebLinkAboutResolution No. 12-C11RESOLUTION NO. 12-Cll A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING VARIANCE V 2012-01 READOPTING A REDUCTION IN REQUIRED NUMBER OF PARKING SPACES FOR THE MATERIAL RECOVERY FACILITY/ TRANSFER STATION AT 1501 W. GLADSTONE STREET WHEREAS, on July 5, 2011, the City Council approved a Use Permit (UP 2010-04) via Resolution No. 11-052 allowing a reduction in the required number of parking spaces, and related entitlements, for a Material Recovery Facility/Transfer Station (MRF/TS) Project (Project) proposed by USA Waste of California, Inc./ Azusa Land Reclamation, Inc., and generally referred to as Waste Management, after certifying the Environmental Impact Report (EIR) prepared for the MRF/TS Project pursuant to the California Environmental Quality Act (CEQA); WHEREAS, on July 6, 2011, and July 20, 2011, after the second reading of the zone amendment for the Project, the City filed Notices of Determination pursuant to CEQA; WHEREAS, on August 5, 2011, two petitions for writ of mandate challenging the City's approval of the Project were filed by Gale Banks Engineering (Gale Banks Engineering v. City of Azusa (Los Angeles Superior Court Case No. BS133253) and the City of Irwindale (City of Irwindale v. City of Azusa (Los Angeles Superior Court Case No. BS132946); the litigation is ongoing; WHEREAS, part of the package of entitlements adopted by the City Council for the MRF/TS Project on July 5, 2011, included adoption of Use Permit 2010-04 by Resolution No. 11-052 to allow a reduction in the required number of parking spaces for the Material Recovery Facility and Transfer Station (MRF/TS) Project located at 1501 W. Gladstone Street pursuant to then adopted Section 88.36.080.13 of the Development Code; WHEREAS, as part of the City of Azusa's annual Code update and after receiving comments on the MRF/TS Project, City staff proposed amendments to Chapter 88 — Development Code of the City of Azusa Municipal Code, including amendments which clarified, through revisions to Section 88.36.080.13, that the review authority may reduce the number of parking spaces required for a particular use by Section 88.36.050 (Number of Parking Spaces Required) through a variance approval, if based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.); WHEREAS, on September 14, 2011, the Planning Commission of the City of Azusa ("Planning Commission") conducted a noticed public hearing on the revisions to the Development Code at which time all persons wishing to testify in connection with the revisions to the Development Code were heard and the revisions were fully studied, discussed and deliberated; C:\Documents and Settings\azusauser\Desktop\Reso 2012-C I1.DOC WHEREAS, the Planning Commission carefully considered all pertinent testimony and the staff report presented during the public hearing for the revisions to the Development Code and recommended approval of the Code amendments to the City Council; WHEREAS, on October 2, 2011, the City Council conducted a duly noticed public hearing on the proposed amendments to the Development Code at which time all persons wishing to testify in connection with the amendments to the Development Code were heard, and the proposed amendments and public testimony were fully studied, discussed and deliberated; WHEREAS, on October 24, 2011, the City Council conducted a second duly noticed public hearing on the proposed amendments to the Development Code at which time all persons wishing to testify in connection with the amendments to the Development Code were heard, and the proposed amendments and public testimony were fully studied, discussed and deliberated; WHEREAS, on October 24, 2011, the City Council voted to amend portions of Chapter 88 - Development Code of the City of Azusa Municipal Code, with additions shown in underline and i deletions m thro gh �,,format; WHEREAS, on October 25, 2011, the City filed a Notice of Exemption (NOE) under CEQA for its legislative decision to adopt the Code amendments; WHEREAS, the NOE was properly posted and filed, including posting with the County Clerk for the County of Los Angeles, and which, on the face of the notice, described the nature of the project as the "2nd reading of an amendment to the Municipal Code regarding tattoo/body piercing uses, building frontage type requirements, material recovery/recycling facilities, and parking relief [T; WHEREAS, the City Council found the Amendments to the Development Code were not subject to review under the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) because the activity, which involved clarifying and modifying section of Chapter 88 of the City of Azusa Municipal Code, would not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3) because the activity was not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it had no potential for resulting in physical change to the environment, directly or indirectly; WHEREAS, the 35 -day statute of limitations provided under CEQA for challenging the NOE passed without the filing of a timely lawsuit on the Code amendments; WHEREAS, staff recommends readopting the reductions in the required number of parking spaces for the MRF/TS Project by variance in compliance with amended Code Section 88.36.080.13 and consistent with the City Council's prior approval of the reduction through Use Permit 2010-04 (Resolution No. 11-052); and WHEREAS, the City Council, after carefully considering all pertinent testimony and the staff report offered in this case as presented at the public hearing, now wishes to readopt a reduction in the required number of parking spaces for the MRF/TS Project pursuant to a variance in compliance with Code Section 88.36.080.B. . NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION l: The above Recitals are true and correct and are incorporated herein by this reference. SECTION 2: Pursuant to, and in compliance with, CEQA, the City certified an EIR prepared for the MRF/TS Project; SECTION 3: That in accordance with amended Chapter 88 —Development Code of the City of Azusa Municipal Code, including section 88.36.080.13, a reduction in the required number of parking spaces for the MRF/TS Project remains consistent with the City Development Code as amended. The City Council finds no changes have been made to the Use Permit or the Final City Council Conditions of Approval adopted on July 5, 2012. The City Council desires to ensure the supplemental record in the ongoing litigation reflects the City Council's continued support of the MRF/TS Project and the consistency of the approved reduction in parking spaces under amended Code Section 88.36.080.13. In readopting the reduction in the number of parking spaces, the City Council makes the following additional findings of fact: A. Pursuant to Section 88.36.050 of the Development Code, all general industry, manufacturing and processing uses require 1 parking space to be provided for each 500 square feet of building; 1 parking space for each 250 square feet of office area and I parking space for each company vehicle. Based on this calculation, a general manufacturing use occupying a building sized similar to the Project building, would be expected to provide 263 parking spaces. Because of the number of employees (66) and the large, open processing building which is heavily automated, the City Council previously exercised its discretion to find 263 parking spaces unnecessary. (See Resolution No. I I -052 (Approving Use Permit UP 2010-04 to Allow a Reduction in the Required Number of Parking Spaces for the MRF/TS) Exhibit A).) Fewer parking spaces are also warranted because the previously proposed Household Hazardous Waste component of the project was abandoned. B. Under the amended Code, Section 88.36.050, Table 3-7, parking requirements for large and small recycling facilities are to be determined by a Minor Use Permit. (Ordinance No. I I - 016.) Parking requirements for MRF/TS Processing Facilities are not expressly provided. Therefore, staff recommends reapproving the reduction in the general parking required for the Project through a Variance, consistent with the prior approved reduction, and to ensure consistency with amended Code Section 88.36.080.B — Reduction by Variance. A Use Permit was the prior vehicle for allowing a reduction in parking under the Code at the time the MRF/TS was approved. The applicant previously submitted a parking reduction request pursuant to a Use Permit as then provided under section 88.36.080.B. The same evidence submitted by the applicant documenting a need for fewer parking spaces remains relevant and accurate in granting a reduction in parking through a variance under the amended Code. C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code. A reduction in the required amount of parking spaces for the MRF/TS, would be consistent with the current amended Development Code, which allows for a reduction by the review authority pursuant to a variance. The City's Code variance process allows a review of the specific facts and requirements that are unique to each particular use and project site. Since the purpose of the parking requirements found in the Development Code is to ensure that sufficient off-street vehicle parking is provided for each use, the processing of a variance to reduce the required parking of this project complies with the Development Code. D. The MRF/TS and parking variance is consistent with the General Plan and any applicable specific plan. The General Plan Chapter 4: Economy and Community Goal No. 1 is to "Build and maintain a strong, diverse economy in Azusa", and Policy 1.2 calls for the maintenance of"a business climate in Azusa that communicates the city's support for businesses." The reapproved reduction in required parking would ensure consistency with the updated Code and would continue to allow the project to construct sufficient parking for the project without the added expense of providing unneeded parking; thus, permitting the efficient operation of the MRF/TS, creating more jobs and more revenue, as well as helping to build and maintain a stronger more diverse Azusa economy. The Project remains consistent with the General Plan as illustrated in the table below. The granting of the variance will allow the MRF/TS to not overbuild parking and instead use those resources for landscaping, art and other beautification requirements included in the Final Conditions of Approval. E. The design, location, size and operating characteristics of the MRF/TS remain compatible with the existing and future land uses in the vicinity. The reduction in required parking remains compatible with the existing and future land uses in the vicinity of the MRF/TS site because the employees and visitors to the facility will be provided a sufficient amount of parking onsite and will not cause the need to overflow into the parking areas for any other businesses. The large processing facility will house approximately 66 employees total for two shifts. The facility is heavily automated and will not generate the parking needs of a similarly sized manufacturing building F. 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 site is physically suitable for the type, density and intensity of the proposed reduction in the required amount of parking because the access to the site is limited to primarily drive—through truck traffic dropping off and hauling out material, with a minimal amount of parking spaces being used by a small number of employees that would comprise the two work shifts. The large processing facility will house approximately 66 employees, divided between two shifts, and be heavily automated. G. Granting the variance 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 variance to allow a reduction in the required amount of parking 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. The proposed number of parking spaces will be sufficient to provide employee and visitor parking. As a result there will be no overflow of parking for the MRF/TS onto the adjacent properties or streets. H. Granting the Variance is also needed due to special circumstances applicable to the property, including size, shape, topography, location or surroundings. The MRF/TS project site is irregularly shaped and therefore limited in its ability to accommodate the main structure and the location of the bale storage building with safe ingress and egress to the site. A closed section of the immediately adjacent Azusa Land Reclamation landfill is east to north east of the MRF/TS project site. The elevation and slope of the closed section of the landfill further limits the applicant's ability to provide additional parking. The reduction in the amount of parking is appropriate not only because of the low employee count (66 total for two shifts) but because the site would not be able to accommodate 236 parking spaces near the main building in addition to all the MRF/TS Project requirements and components. Strict application of the zoning code parking requirements would ignore the reality of the actual parking demands of the Project. It would also deprive the applicant of the ability to reduce parking requirements as allowed by the City for other property owners and uses in the vicinity and under identical zoning classifications when warranted by a project. I. The approval of the Variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and within the same zoning district. The re -approval of the same reductions in parking requirements for the MRF/TS Project (approved on July 5, 2011) would not result in a special privilege inconsistent with the limitations on other properties in the vicinity and within the DW zone. The City has, and will continue to, consider parking reductions for projects on a case by case basis after considering evidence regarding the nature of the project, the number of employees, site constraints, number of visitors etc. The City has granted reductions in parking to other landowners such that the re -approval of the reduction for the MRF/TS Project will not result in a special privilege inconsistent with the limitations on other properties in the vicinity and DW zone. SECTION 4: Based on the Staff Report, all written and oral comments and testimony presented to the City Council, and the aforementioned findings, the City Council does hereby readopt the reduction in the required number of parking spaces for the MRF/TS Project to a total of 79 parking spaces via adoption of Variance V 2012-01, and the related General Plan findings as previously set forth in Resolution No. 1 I-052 (Exhibit A). The City Council's related and previously adopted approvals for the MRF/TS project remain valid and enforceable, including the Final Conditions of Approval attached hereto as Exhibit B. SECTION 5: The City Council finds readoption of a reduction in the number of required parking spaces for the MRF/TS Project pursuant to the amended Development Code and by adoption of this Variance will not result in any new or substantially more severe significant adverse environmental impacts from those previously considered in the certified EIR prepared for the MRF/TS Project, as conditionally approved through the Use Permit, and pursuant to Public Resources Code, § 21166. SECTION 6: The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED the 21" day of February, 2012. )�SEPA R. ROCHA, MAYOR CITY OF AZUSA CITY OF AZUSA STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, doe hereby certify that Resolution No. 12-C1 I was adopted by the Council of the City of Azusa, California at a regular meeting held on the 21 st day of February, 2012, and that same was adopted by the following vote: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VERA MENDOZA, CITY CLE CITY OF AZUSA APPROVED AS TO FORM: BEST BEST & KRIEGER LLP SONIA R. CARVALHO, CITY ATTORNEY EXHIBIT A RESOLUTION NO. 11-052 RESOLUTION NO. 11-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING USE PERMIT UP 2010-04, TO ALLOW A REDUCTION IN THE REQUIRED NUMBER OF PARKING SPACES FOR THE MATERIAL RECOVERY FACILITY AND TRANSFER STATION LOCATED AT 1501 W. GLADSTONE STREET WHEREAS, in February 2009, Waste Management submitted an application for a proposed Material Recovery Facility and Transfer Station ("MRF/TS") for receiving and sorting municipal solid waste, recyclables, and green landscaping waste; and WHEREAS, the Use Permit is part of a package of entitlements, as approval of the MRF/TS requires a number of City actions and entitlements, including approval of a Zone Change and General Plan Amendment, several variances, a Zoning Code Amendment, and various use permits, including the Use Permit at issue; and WHEREAS, the Planning Commission of the City of Azusa, after giving notice thereof as required by law, held a series of public meetings and public hearings on the application of Waste Management with respect to the requested Use Permit UP 2010-04, at which time all persons wishing to testify in connection with the Use Permit were heard and the revision was fully studied, discussed and deliberated; and WHEREAS, the Use Permit is required pursuant to Section 88.36.050 of the Development Code which permits a reduction in parking requirements through a Use Permit, and the proposed project requires reduced parking based on the low employee count of 66 employees; and WHEREAS, the Planning Commission, upon carefully considering all pertinent testimony and the staff report offered in the case as presented at the public hearing, voted to recommend that the City Council approve Use Permit UP 2010-04; and WHEREAS, the City Council of the City of Azusa, after giving notice thereof as required by law, held a public hearing on the application of Waste Management to approve Use Permit UP 2010-04; and WHEREAS, the City Council, after carefully considering all pertinent testimony and the staff report offered in the case as presented at the public hearing, now wishes to approve Use Permit UP 2010-04. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above Recitals are true and correct and are incorporated herein by this reference. 4563 5.01817\6053463.1 SECTION 2: Pursuant to, and in compliance with, the California Environmental Quality Act ("CEQA") (Public Resources Code section 21000 et seg.), a Final Environmental Impact Report has been submitted for concurrent review and certification. In accordance with the Final Environmental Impact Report and resolution for certification of the same submitted concurrently herewith, with the proposed mitigation measures, the proposed project would have significant and unavoidable impacts related to traffic and air quality, which have been considered acceptable by the City Council in accordance with the adoption of a statement of overriding considerations. SECTION 3: That in accordance with Section 88.51.040 of the Azusa Development Code, the City Council hereby approves the proposed Use Permit UP 2010- 04 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. The proposed use, a reduction in the required amount of parking spaces, would be consistent with Section 88.36.080 of the Development Code which allows a reduction in the number of required parking spaces through a Use Permit The use permit process allows a review of the specific facts and requirements that are unique to each particular use. Since the purpose of the parking requirements found in the Development Code is to ensure that sufficient off-street vehicle parking is provided for each use, the processing of a use permit to reduce the required parking of this project complies with the Development Code. B. The proposed use is consistent with the General Plan and any applicable specific plana The General Plan Chapter 4: Economy and Community Goal No. 1 is to "Build and maintain a strong, diverse economy in Azusa", and Policy 1.2 calls for the maintenance of "a business climate in Azusa that communicates the city's support for businesses." The proposed reduction in required parking would allow the project to construct sufficient parking for the project without the added expense of providing unneeded parking, thereby permitting the efficient operation of the MRF/TS, creating more jobs and more revenue, as well as helping to build and maintain a stronger more diverse Azusa economy. The proposed project is also consistent with the General Plan as illustrated in the table below. LU I Land Use LU LU4.8 Accommodate industrial. Consistent. The project proposes an manufacturing and supporting industrial development (i.e., the MRF/TS ) commercial use within the West End within the District. Industrial District and in accordance 45635.0181716053463.1 4563 5.01817\60534 63.1 with Table CD -2, Land Use Classifications. LU4.9 Require buildings within the West End Consistent. Pursuant to Azusa Industrial District to be uniquely Development Code Section 88.51.032, identifiable, distinguished in their Design Review, the proposed project architecture and site planning, and compatible with adjacent uses and would be subject to Design Review, in order to ensure that the proposed uses and districts. structures enhance their sites with the highest standards of improvement and are compatible with the surrounding land uses. Namely, the industrial uses located to the north, east, and west in the City of Azusa, and the industrial uses located to the south in the City of Irwindale. Design Review would also ensure that the proposed development complies with all applicable Azusa Development Code standards and regulations, and Azusa General Plan Policies, and does not adversely affect community health, safety, aesthetics, or natural resources. Additionally, it is noted land use compatibility impacts associated with land development involve quality of life issues, including aesthetics, traffic, and noise, among others. While these may generally be perceived as subjective issues, the significance criteria detailed in each of the respective EIR issues sections provides a basis for assessing land use compatibility impacts. Quality of life issues are analyzed in EIR Section 5.2, Aesthetics/Light and Glare, Section 5.3, Traffic and Circulation, and Section 5.6, Noise. Further, the project would involve Use Permits and Variances, subjecting the proposed development to further discretionary review by the City Staff, Planning Commission, and City Council, which would also minimize land use compatibility issues. LU4.10 In the West End Industrial District, Consistent. The project proposes to retain establish and require new the existing sidewalks located along developments to provide pedestrian Irwindale Avenue and proposes a curb, and landscape linkages to other areas gutter, and sidewalk along Gladstone and businesses within the district and Street, which are considered sufficient to the Foothill Boulevard corridor, as linkages with the District's other appropriate. businesses, given the industrial nature of the surrounding area. The project also 4563 5.01817\60534 63.1 LU6.1 LU6.2 LU6.3 LU6.4 Accommodate industrial development in accordance with Table CD -2, Land Use Classifications (Industrial). Require all industrial buildings to be distinctive, constructed of high quality materials, and be of interesting and strong design. All buildings shall be visually attractive from the street, and from adjacent or nearby properties. Require rooflines and building elevations to be visually attractive from all vantage points. Require site development plans to: • Incorporate physical and visual design elements that buffer industrial use from any nearby residential neighborhood or use; • Provide elements that link commercial and industrial uses (sidewalks and paths, common architectural design; signage, landscape, etc.); and • Require single level, "at grade" parking facilities to be generously landscaped with shrubs and trees. 45635.018 17\6053463.1 proposes landscaping along Gladstone Street and Irwindale Avenue, as depicted on the Preliminary Landscaping Plan. Consistent. The project proposes an industrial development (i.e., the MRF/TS ) within the District. Consistent. Refer to Response to Policy 4.9 above and EIR Section 5.2, Aesthetics/Light and Glare. Consistent. Refer to Response to Policy 4.9 above and EIR Section 5.2, Consistent. The project proposes a decorative perimeter security wall and landscaping (along Gladstone Street and Irwindale Avenue) that would buffer the proposed development. Also, the MRF/TS would involve entirely indoor collection and processing of recyclable materials. There are no residential neighborhoods located nearby. The nearest residential uses are the City's southeast neighborhoods east of Jackson Avenue. Consistent. The project proposes to retain the existing sidewalks located along Irwindale Avenue and proposes a curb, gutter; and sidewalk along Gladstone Street, which are considered sufficient linkages with the District's other businesses, given the industrial nature of the surrounding area. The project also proposes landscaping along Gladstone Street and Irwindale Avenue, as depicted on the Preliminary Landscaping Plan. Consistent. The project proposes to retain the existing sidewalks located along Irwindale Avenue and proposes a curb, gutter, and sidewalk along Gladstone Street, which are considered sufficient linkages with the District's other businesses, given the industrial nature of the surrounding area. The project also proposes landscaping along Gladstone Street and Irwindale Avenue, as depicted on the Preliminary Landscaping Plan. LU10.1 Require the consideration and Consistent. There are no residential mitigation of noise, light, vehicular, properties located nearby. The nearest and other impacts on residential residential uses are the City's southeast properties in the design of commercial neighborhoods located east of Jackson and industrial development. Avenue. As discussed in EIR Sections 5.1 through 5.11 of the EIR, mitigation measures are recommended, in consideration of the project's environmental impacts. More specifically, refer to EIR Section 5.6, Noise, Section 5_2, Aesthetics/Licht and Glare. and Section 5.3, Trac/Circulation, for discussions regarding the project's noise, light, and vehicular impacts, respectively. LU10.2 Require on-site lighting of Consistent. The project proposes on-site institutional, commercial, and lighting, as depicted on the Conceptual industrial uses be constructed or Site Lighting Plan. Also, as concluded in located so that only the intended area EIR Section 5.2, Aesthetics/Licht and is illuminated, off-site glare is Glare, project implementation would minimized, and adequate safety is result in less than significant impacts provided. involving light and glare. LU10.7 Control the development of industrial Consistent. Mitigation measures are and other uses that use; store, produce, recommended, in order to mitigate the or transport toxins, generate project's impacts involving hazardous unacceptable levels of noise, air materials, noise, air quality, and water emissions, or contribute other quality; refer to EIR Section 5.4, Air pollutants requiring adequate Qualiti, Section 5.6, Noise, Section 5.9, mitigation measures confirmed by Hazards and Hazardous Materials, and environmental review and monitoring. Section 5.10, Hydrology and Water Ouali. ,, respectively. LU11.1 Require all structures to be constructed Consistent. The project's building and in accordance with City building and engineering plans will be reviewed by the other pertinent codes and regulations, Azusa Building Division, in order to including all new, adaptively re -used, ensure consistency with Azusa Municipal and renovated buildings; allowing Code Chapter 14, Buildings and Building appropriate exceptions for historically- Regulations. Chapter 14 includes the significant buildings. Building Codes, Electrical Code, Mechanical Code, and Plumbing Code, among others. Approval of all project plans would be required, prior to issuance of any building, plumbing, electrical, or mechanical permit. LU 11.3 Require all developments including Consistent. The project is subject to renovations and adaptive reuse of Development Review, in order to ensure existing structures (except historically that the proposed development complies significant buildings) be designed to with all applicable Azusa Development provide adequate space for access, Code standards and regulations, and parking, supporting functions, open Azusa General Plan Policies. Further, the space, and other pertinent elements, project would include Use Permits and 45635.01817\6053463.1 C. The design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity. The design, location, size and operating characteristics of the proposed reduction in required parking are compatible with the existing and future land uses in the vicinity in that, because of the location of the MRF/TS structures; the employees and visitors to the facility would be provided parking onsite, without the need to overflow into the parking areas for any other businesses. The large, open processing facility will have approximately 66 employees. The facility is heavily automated and will not generate the parking needs of a similarly sized manufacturing building 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 site is physically suitable for the type, density and intensity of the proposed reduction in the required amount of parking because the access to the site is limited to primarily drive—through truck traffic dropping off 45635.0181716053463.1 Variances, subjecting the proposed development to further discretionary review by the City Staff, Planning Commission, and City Council, in order to ensure the adequacy of the various project elements. OF Urban Foran UF4.2 Encourage attractive gateway Consistent. The proposed project will treatments to establish a positive image revitalize the southwest entrance into the at the edges of the City and its districts City via Irwindale Avenue, enhancing the and corridors. gateway to the industrial district of Azusa. EC Economy and Community EC1 Build and maintain a strong, diverse Consistent. The addition of the MRF/TS economy in Azusa. business in the City of Azusa will provide additional revenue to enhance the quality of life for Azusa residents. EC4.1 Support the creation of high-quality Consistent. The MRF/TS will create jobs for relatively low skill levels. approximately 62 new jobs, of various skill levels. EC9 Create a diverse and balanced revenue Consistent. The project will provide a base with long-term value, avoiding revenue stream that will enhance Azusa's excess reliance on a single revenue economic health and quality of life. resource. N Noise Goals and Policies N1 Maintain community noise levels that Consistent. The project will meet the meet guidelines and allow for a high noise standards of the Industrial and uality of life Residential zones in the City of Azusa. C. The design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity. The design, location, size and operating characteristics of the proposed reduction in required parking are compatible with the existing and future land uses in the vicinity in that, because of the location of the MRF/TS structures; the employees and visitors to the facility would be provided parking onsite, without the need to overflow into the parking areas for any other businesses. The large, open processing facility will have approximately 66 employees. The facility is heavily automated and will not generate the parking needs of a similarly sized manufacturing building 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 site is physically suitable for the type, density and intensity of the proposed reduction in the required amount of parking because the access to the site is limited to primarily drive—through truck traffic dropping off 45635.0181716053463.1 and hauling out material, with a minimal amount of parking spaces being used by a small number of employees that would comprise the two work shifts. The large, open processing facility will have approximately 66 employees and be heavily automated. E. Granting the permit would not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which. the property is located. Granting the Use Permit to allow a reduction in the required amount of parking 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. The proposed number of parking spaces is based on the proposed number of employees necessary to staff the facility and will be sufficient to provide employee and visitor parking. As a result there will be no overflow of parking for the MRF/TS onto adjacent properties or streets. SECTION 4: Based on the Staff Report, all written and oral comments and testimony presented to the City Council, and the aforementioned findings, the City Council does hereby approve Use Permit UP 2010-04. The City Council's approval is subject to the conditions of approval for Use Permit UP 2010-04, attached hereto as Exhibit A. SECTION 5: The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 5th day of July 2011. /OSEPH R. ROCHA, MAYOR CITY OF AZUSA ATTEST: VERA MENDOZA, CITY CITY OF AZUSA 45635.01817\6053463.1 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 Resolution No. 11-052 was adopted by the Council of the City of Azusa, California at a regular meeting held on the 5`h day of July, 2011, and that same was adopted by the following vote: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS VERA MENDOZA, CITY CITY OF AZUSA APPROVED AS TO FORM: BEST BEST & KRIEGER LLP owU , R. Caa,vx.- CITY ATTORNEY 4563 5.01817\6053463.1 EXHIBIT A CONDITIONS OF APPROVAL 45635.01817\6053463.1 Exhibit "All rmat City Council Conditions of Approval 7-5-11 Case No: GPA 2010-01, Z 2009-01, UP 2009-01, ZCA 230, UP 2010-04, UP 2010- 05, V 2010-02, V2010-03, V2010-04, DR 2009-01 Address: 1501 W. Gladstone Street A.P.N.: 8615-007-011 Project: General Plan Amendment to change a portion of the subject site from General Plan land use designation Recreation/Landfill Mixed Use to Industrial; Zone Change to change the same area from zoning map classification DWL to DW; Use Permit to allow the proposed Materials Recovery Facility (MRF) and Transfer Station (TS) as a recycling processing facility in the DW zone; Zoning Code Amendment to allow 24 hour operations with a Use Permit in the Industrial zones; Use Permit to allow the 24 hour operation of the MRF/TS; Use Permit to allow a reduction in the provided parking spaces; Variance to allow an increase in perimeter wall height; Variance to allow an increase in the building height; Variance to allow a deviation from operational standards; Design Review for the construction of the MRF/TS. These conditions of approval shall .be printed -on or attached to worlducr 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 entitlements: the Use Permit to allow the proposed MRF/TS as a recycling processing facility, the Use Permit to allow a 24 hour operation, the Use Permit to allow a parking reduction in parking, the Variance to allow increase in perimeter wall height, the Variance to allow an increase in building height, the Variance to allow a deviation from operational standards, and a Design Review for the construction of the MRF/TS, shall be exercised within 2 years after its 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 or, has commenced operation of the use, for projects not requiring building permits. 2. The entitlements: the Use Permit to allow the proposed MRF/TS as a recycling processing facility, the Use Permit to allow a 24 hour operation, the Use Permit to allow a parking reduction in parking, the Variance to allow increase in perimeter wall height, the Variance to allow an increase in building height, the Variance to allow a deviation from operational standards, and a Design Review for the construction of the MRF/TS shall not be effective until General Plan Amendment GPA 2010-01, Zoning Code Amendment ZCA 230, and Zone Change Z 2009-01 P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/drafiCCExhibit—A .doe have each taken legal effect. In the event anyone of GPA 2010-01, ZCA 230, and Z 2009-01 fails to take legal effect, none of the entitlements listed in this condition shall take effect. 3. All applicable Building Division and Fire Department requirements shall be met at all times. 4. All construction and uses shall be in substantial conformance with the approved plot plan and elevations, as modified pursuant to the conditions listed herein. 5. Prior to submitting for Building Division plan check, applicant shall submit a revised plot plan; floor plans, and elevations to the Planning Division for review and approval. The revised plans shall show compliance with all applicable zoning standards and reflect the following conditions: a. At least 79 parking spaces shall be provided and maintained in accordance with Chapter 88.36 (Parking and Loading) of the Development Code. b. At least 2 motorcycle parking spaces shall be provided. C. At least 4 bike racks shall be provided. d. A roof plan showing any roof -mounted equipment. All roof -mounted mechanical equipment shall be screened from public view. e. An elevation and site plan of the roofed and enclosed outdoor temporary bale storage area and a detail of the type of wall or opaque fence enclosure. 6. Chapter 88.34.080 Water Efficient Landscaping of the Azusa Development shall apply to this project if the total landscaped area is equal to or greater than 2,500 square feet. 7. All landscaped areas shall include an automatic irrigation system designed and installed in compliance with Section 88.34.080 Water Efficient Landscaping. 8. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation, weeding, and/or replacement when necessary. 9. Three sets of final Landscape and Irrigation plans shall be submitted to the Planning Division for review and approval, including compliance with the City Water Efficiency Ordinance if applicable. Said plans shall be 24" by 36" and in compliance with the City of Azusa landscape design standards. Location and percentage of landscaping, plant material and quantities of each, plant and planter box size, and design of an automatic irrigation system with detailed cross-sections shall be clearly indicated. (Note: Do not submit these plans with the building plan check. Plans must be submitted directly to the Planning Division. The applicant is made aware that the Parks Division will be routed two sets of plans.. Please allow 2- 3 weeks for review.) The number of parkway trees, if any, shall be determined by the Parks Division. 10. 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. 11. All illuminated sign and parking lot lighting shall be located, aimed and/or shielded to prevent lights from shining or reflecting on adjacent property. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doe 12. A Master Sign Plan is required for the project. 13. 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. 14. 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 Enemachment requirements. 15. Portable signs on the property are prohibited. 16. Temporary signs on the property shall meet all requirements of Chapter 88.38 (Signs) of the Development Code. 17. All handling and storage of hazardous waste, materials, or chemicals shall be in accordance with all applicable State, Federal, or local laws. 18. 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. 19. 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 attorney's fees and other reasonable costs incurred by the City in defending such action or proceeding. 20. 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. 21. Any changes to the conditions listed herein must be approved by the City Council. 22. All transfer waste trailers shall be covered for transport before leaving the MRF/TS site. 23. In accordance with Chapter 88.39 of the Development Code, the applicant shall select, purchase and install permanent outdoor art at the development site, accessible and visible to the general public from public streets, or pay an in lieu fee, if the total project valuation exceeds $760-000. 24. The outdoor storage area shall be used for the short-term, temporary storage of baled recyclable materials only and it shall be roofed and enclosed by a solid wall or opaque fence. The baled, recyclable material must be date -tagged and may only be stored in the designated outdoor storage area for no longer than 96 hours. 25. The entrance area to the project; designated in the EIR as the Household Hazardous Waste Facility area and the area along Gladstone Street, between the entrance and P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of ApprovalldtafiCCExhibit —A .doe the comer of Irwindale Avenue, shall be included in the required landscape plans. New landscaping along the existing block wall and the new block wall, parallel to Gladstone Street, shall be tall enough to eventually screen the majority of trucks in the queuing area on the access road from of public view. 26. The applicant shall adhere to the City of Azusa Noise Standards regarding daytime and night time noise. 27. There shall be no outside routine operations performed during the hours of 10:00 p.m. and 6:00 p.m. 28. The applicant shall prohibit all municipal solid waste transfer trucks from leaving the MRF/TS facility between the hours of 4:00 pm and 6:00 pm. 29. The applicant shall consider giving precedent to Azusa residents when hiring new personnel, including utilizing such methods as a local job fair. 30. The applicant shall pay a "fair share' amount, to be determined by the City of Azusa City Engineer, of the cost of pavement maintenance on Irwindale Avenue, from the 210 Freeway south to Gladstone Street and on Gladstone Street, from Mira Loma Avenue to h-windale Avenue, for a period of five years. 31. The applicant shall provide information on CARB and SCAQMD programs regarding Rule 1193. 32. The applicant acknowledges and accepts that these Conditions of Approval are intended to avoid potential nuisance conditions from arising as a result of applicant's operations and therefore, applicant accepts that violations maybe sited in accordance with the City's nuisance regulations and the City's fines and penalties ordinance. B. All requirements of the Recreation and Parks Department.shall be met, including but not limited to the following: 1. 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. 2. Landscape and irrigation design must comply with all requirements of the City's Water Conservation Ordinance as it relates to AB- 1881 Water Efficient Landscaping. C. All requirements of the Building Division shall be met, including but not limited to the following: 1. Project and plans shall conform to the California Building Standards Code adopted by reference in Section 14-1 .of the Azusa Municipal Code, and all amendments and modification thereto, contained in Chapter 14 of the Azusa Municipal Code. Project and plans shall also conform to the 2010 California Energy Code and the City of Azusa Municipal Code. 2. All plan check fees shall be paid at the time of plan check submittal. Once plan check is completed and approved, applicant shall be responsible to pay in full all other appropriate development fees (i.e. school district fees, water reimbursement, park fees) prior to issuance of anv building permit 3. Electrical, mechanical, plumbing plan check fees are required. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone SL/Conditions of Approval/draft=xhibit —A .doc 4. Energy plan check fees are required. 5. Applicant shall submit 3 copies of foundation, framing, floor and elevation plans forplan check. 6. Structural, architectural, electrical, mechanical, plumbing plans shall be designed by a State of California Registered Engineer, or a State of California Registered Architect. 7. Applicant shall submit 3 copies of structural calculations simultaneous with the construction plans. 8. Applicant shall submit 3 copies of energy calculations simultaneous with the construction plans. 9. Electrical, mechanical, plumbing plans shall be submitted for plan check simultaneous with the construction plans. 10. Applicant shall submit 3 copies of soil report simultaneous with the construction plans. 11. Prior to issuance of a permit, the applicant shall submit approval from the Los Angeles County Fire Department, and the South Coast Air Quality Management District (SCAQMD). 12. Plans as submitted are not acceptable for Building Division submittal. 13. Methane study is required to determine if methane mitigation system is needed for all new construction. 14. Special foundation system is required for MRF/TS scale facility or any other structure located over landfill area. 15. Grading, excavation, foundations, slab work, paving, retaining walls and shoring must comply with recommendations of geotechnical investigation report. 16. Shoring plan is required to be submitted to Building Division and Engineering Division for approval prior to excavation for -tunnel area. 17. Grading plan is required to be submitted to the Engineering Division for review and approval prior to permit issuance. 18. Approval from Azusa Light and Water Department is required prior to issuance of permit. 19. Applicant is responsible for submitting all necessary paperwork, forms, plans and obtaining approval from other City Division/Departments and outside agencies that have requirements for project. D. All requirements of the Water Division shall be met, including but not limited to the following: 1. Fire Service backflow device (DCDA) location to be set close to the public right-of-way. 2. Will require an approved backflow device for any domestic service. 3. Will require installation of a new water main. 4. Plan Check is required. 5. The owner or project applicant shall take sole responsibility for cost 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. 6. This project is subject to Ordinance 96-08, City of Azusa Municipal Code Sections 78- 471 through 477 of Division 5 entitled "Water System Development Fee" if there is any P/PlanninJEntitlementsi2-Zone Chance/2009-01 1500 Gladstone St./Conditions of Approval/draft=xhlblt —A .doc change in floor footage. Fees must be paid to the Light and Water Department following the final plan approval by the Building Division.. Fee must be paid to the Light and Water Department following the final plan approval by Building Division. 7. This project is subject to Ordinance No. 07-012, Sections 78-501 through 78-513 of Division 6, entitled "Water 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 providing funds to perform retrofits. 8. The following estimated Water system Development Fee is based on Resolution No. 08- 059 and will be changed to reflect the actual rate as of the day fees are paid. Land Use Category: Industrial —120,896 @ $8681.92/acre. $0.34/SF = $41,104.64 E. All requirements of the Light Division shall be met, including but not limited to the following: 1. Proposed Material Recovery Facility and Transfer Station Recycling Process Facility shall obtain electric utility service from Azusa Light and Water. Method of electric services to the separate facilities shall be determined when building plans are prepared and submitted for approval. 2. Any relocation, modification alteration or replacement of any existing electric facilities shall be at the sole cost and expense of project owner/applicant. Coordinate any relocation work with Azusa Light and Water prior to any approval of building plans. 3. New building facilities shall be served with underground electric service. Project owner/applicant shall make advance arrangements with Azusa Light and Water for the method of underground electric service. All metered electric service entrance main disconnecting means and meters shall be accessible and installed outside the building premises or in a separate enclosed utility room with provision for outside door access. 4. Project applicant and/or property owner shall grant an electric easement for all new electric facilities installed at private property, prior to energizing new electric service or release of the Certificate of Occupancy. 5. Prior to final approval of the project and before the issuance of the Certificate of Occupancy, the project owner/applicant shall comply with all requirements of Azusa Light and Water. F. All requirements of the Police Department shall be met, including but not limited to the following: 1. Perimeter walls of property facing Irwindale Ave. and Gladstone St. shall be either constructed ofmaterial or protected in a manner which will deter graffiti. This condition can be met either by building walls with materials resistant to graffiti paint or by covering exterior facing walls with thorny or vine like plants. 2. Handicapped parking stalls shall marked in compliance with CVC 22511.8 3. Fire lanes shall be marked in compliance with CVC 22500.1 4. A traffic impact study in regards to flow, pattern, controls, etc., shall be completed and submitted for review by the Azusa Police Traffic Division. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone SL/Conditions of Approval/draftCCExhibit—A .doc 5. Applicant shall install strategically placed surveillance cameras that are digitally recorded and stored for at least 30 days for investigative purposes. Moreover, warning signs of such recording(s) shall be conspicuously posted as a crime deterrent. The surveillance system and recordings shall be maintained by Waste Management. 6. Any areas within the property that are identified as having a likelihood of high employee/ visitor pedestrian traffic crossing truck lanes shall have clearly marked pedestrian crosswalks. Theses areas shall also have caution signs indicating potential pedestrian traffic. These areas shall minimally include areas around the offices and pathways leading from the buildings to the proposed pedestrian access points off of Gladstone Street. 7. The exit from the facility off of Mira Loma Ave., which is proposed as a "right tum only" exit, shall have clear markings both on the ground and on signage that indicates it is a right turn only exit. 8. In order to minimize potential traffic congestion on Gladstone St., it is recommended that left turns onto NB Mira Loma Ave. from EB Gladstone St. be prohibited. Ideally, a wedge median would be placed on Gladstone St. to prevent left turns onto Mira Loma Ave. 9. Applicant shall install lighting systems that provide uniformed white light which provide night time vision for vehicles and pedestrians to permit them to see one another. to see risks involved in walking at night and to reduce risk of trip and fall accidents. Moreover, provide lighting systems which will enhance police ability for surveillance and patrol. 10. Applicant shall install lighting systems that provide uniformed white light that minimize glare, light pollution and light trespass. Where necessary, provide light transition zones. 11.. All lighting systems shall be protected from vandalism. (e.g. unbreakable exterior, tamperproof hardware, non -corrosive design components and shock absorbing bracket design). 12. Ensure that number of proposed parking stalls will be sufficient to accommodate anticipated number of employees and visitors. 13. If the property owner wants illegally parked cars to be towed or cited, the property shall have signs posted in compliance with CVC 22658. G. All requirements of the Fire Department shall be met, including but not limited to the following: 1. SUBMIT FOUR CORRECTED ARCHITECTURAL SETS OF PLANS, FOR FINAL APPROVAL. PLEASE MAKE EACH CORRECTION AS DIRECTED IN EACH REQUIREMENT. 2. A Building Permit WILL NOT be issued prior to acceptance of eh hydrant location, fire flow and any additional requirements by the Department. 3. For questions concerning your project corrections, please contact: Manny Moshrefi, Plans Examiner, at 626-963-5564 between the hours of 7:30 a.m. and 10:30 a.m. only, Monday through Friday. Office meeting by appointment only. 4. Provide a minimum unobstructed width of 26 feet (28 feet for building more than three stories or 3 5 feet height), except for approved security gates in accordance with Section P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit —A .doc 503.6 and an unobstructed vertical clearance "clear to the sky" Fire Department vehicular access to within 150 feet of all portions of the exterior building walls. Fire Code 503.2.1. Cross hatch the Fire Department vehicle access on the site plan. 5. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved Fire Department turnaround. Fire Code 503.25 Cross -hatch the Fire Department turnaround on the site plan. 6. 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. 7. Fire Department vehicular access roads must be installed and maintained in a serviceable manner prior to and during the time of construction. Fire Code 501.4. Provide a note on the site plan. 8. A minimum 5 foot wide approved firefighter access walkway leading from the fire apparatus access road to the building exterior openings shall be provided for fire fighting and rescue purposes. Fire Code 504.1. Indicate firefighter walkway access routes on the site plan. 9. 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 inches high with a minimum stroke width of 0.5 inch. Fire Code 505.1. Provide a note on the site plan. 10. A Key Box shall be provided and maintained in accordance with Fire Code 506, and as set forth in Fire Department Regulation 5. Provide a note on the site plan. 11. The required fire flow for PUBLIC fire hydrants at this location is 3500gpm, at 20 psi residual pressure, for a duration of 3 hours over and above maximum daily domestic demand. Fire Code 508.3 and Fire Department Regulation 8. Provide a not on the site plan. 12. The required fire flow for ON-SITE fire hydrants at this location is 1250 gpm at 20 psi residual pressure. When two or more on-site hydrants are required, the fire flow shall be 2500 gpm, with each on-site fire hydrant being capable of flowing 1250 gpm at 20 psi residual pressure. Fire code 5085.1 and Fire Department Regulation 8. Provide a note on the site plan. 13. Show all existing PUBLIC fire hydrants within 300 feet of the lot frontage on both sides of the street. Specify size of fire hydrant(s) and dimension(s) to property lines. Additional fire hydrant requirements may be necessary after this information is provided. Fire Code 508.1 and Fire Department Regulation 8. Indicate size and locations of all existing fire hydrants on site plan. 14. The fire hydrant requirements for this project are as follows: Install 3 PUBLIC fire hydrants. Install 6 ON-SITE fire hydrants. Locations: As shown on the site plan. Fire Code 901.4.1 and Fire Department Regulation S. Show new/upgrade/relocated hydrant locations on site plan. 15. All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current American Water Works Association standard C503 or apposed equal; and shall be installed in compliance with Fire Department Regulation S. Fire Code 508.1.1. All P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doc required PUBLIC hydrants shall be installed, tested and accepted prior to beginning construction. Fire Code 501.4. All on-site fire hydrants shall be installed, tested, and approved prior to building occupancy. Fire Code 901.5.1. Provide a note on the site plan. 16. Provide a receipt, proof of payment, from the water purveyor that shows that all funds have been paid for the installation and/or upgrade of the required public fire hydrants. Provide a letter from the water purveyor or installing contractor that indicates the approximate date the work will be started and completed for the required fire hydrants. 17. Complete and return the required Fire Department "Fire Flow Availability" Form 196. Fire Code 508.1.1 18. Plans showing underground piping of on-site fire hydrants shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. Fire Code 901.2. Provide note on site plan. 19. The inspection, hydrostatic test and flushing of the underground fire protection piping shall be witnessed 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. Provide a note on the site plan. 20. Provide Building Code occupancy classifications for all separate and distinct uses of the structures in accordance with Building code 302.1. Indicate this on the site plan. 21. Provide Building Code type of construction in accordance with Building Code Section 602.1 and Table 601. Indicate type of construction on the site plan and provide construction details for the structural elements in Table 601. 22. 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. 23. Provide an approved automatic fire sprinkler system as set forth by Building Code 903 and Fire Code 903. Plans shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. CFC 903.2.3. Provide a note on the site plan. 24. Provide occupant load calculation and exit width analysis for all portions of the building in accordance with Building Code 1004, 1005, Table 1004.1.1 and Table 1005.1. Incorporate calculations.on site plan or provide an exit analysis plan. 25. Egress doors shall be readily openable from the egress side without the use of a key or any special knowledge or effort. Building Code 1008.1.8. Provide a note on the site plan. 26. 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 a note on the site plan. 27. The power supply for means of egress illumination shall normally be provided for 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 a note on the site plan and indicate the light fixtures with emergency power on the P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit —A .doc reflected ceiling plan. 28. 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 1011. Note: additional exit signs may be required at time of field inspection. Indicate the exit sign locations on floor plan/reflected ceiling plan. 29. Portable fire extinguisher shall be installed in locations as required by Fire Code 906. Provide a not on the site plan. 30. Owner to obtain permit from LOS ANGELES COUNTY FIRE DEPARTMENT if any building orportion of building exceeding 500 square feet is to be used for storage of high piled combustible storage. H. All requirements of the Engineering Division shall be met, including but not limited to the following: General: I . The contractor shall take every step necessary to contain all dirt, construction materials, and construction run-offon site. No grading or construction -related debris; either directly or indirectly carred by water, will be permitted to leave the construction site. 2. All work within the Public Right of Way will require application for and issuance of an Encroachment Permit issued by the City of Azusa and the City of Irwindale Public Works Department. All work shall be done in accordance with City of Azusa Standards, City of Irwindale Standards and the latest edition of the Standard Specifications for Public Works Construction and to the satisfaction of the City Engineer or his designee. All work in the public right-of-way shall be completed before issuance of the Certificate of Occupancy. 3. Provide a methane handling study prepared by a Professional within the discipline. 4. Provide a covenant, agreement and indemnity for the portion of Mira Loma Drive that is used as a portion of the site access. 5. Provide ALTA survey. 6. Obtain demolition permit from the City of Azusa Building Division. 7. Haul route approval and transportation permits required for all construction vehicles from both jurisdictions. Grading: 8. Provide rough and finish grading plans signed by a Registered Civil and Geotechnical Engineer. 9. Prior to issuance of grading permit, provide verification of fee payment to the County Sanitation Districts of Los Angeles County. 10. Provide ADA access around building in conformance with current codes. 11. Provide Engineering Division with copies of all Environmental site remediation clearances. 12. Provide cross sections of all access roads and N/S and E/W sections through proposed site. Storm Drainage: P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St /Conditions of Approval/draftCCExhibit —A .doc 13. Submit all drainage plans and hydrology report for approval. 14. Verify after grading operations, construction of walls and buildings, the drainage flows for the project and adjacent properties are clear and unimpeded. 15. Provide drainage acceptance letter and have letter notarized and recorded. 16. Provide covenant and agreement for proposed drainage patterns, acceptance of drainage flows and storm drain facilities that binds the condition to the parcel. Have covenant and agreement notarized and recorded. 17. Prepare easements for proposed facilities and improvements on adjacent property. 18. A construction permit from the State of California Department of Regional Water Quality Board may be required for the project. 19. Provide methodology, shoring and engineering for storm drain piping that will be approximately 30 to 35 feet deep at the project site adjacent to the buildings on the west. 20. Provide detention basin calculations. 21. Provide infiltration and permeability calculations for drainage design and study of materials onsite in order to assure that the ground water will not be affected by infiltration on site in the manner proposed. 22. Storm drain waters will not be allowed to drain over slopes. 23. Remove onsite storm drain system and plug potential connections to offsite systems. 24. Remove storm drain inlet just north of RR tracks. Sewer: 25. Developer shall clean and video up to 2500 LF of existing sewers that are to receive sewer flow from the project. 26. A sewer study will be prepared that should include a capacity analysis of the existing system from the project to the treatment facility. Note that LACSD requires a capacity - review for a permit. 27. The sewer system connections shall be accomplished while maintaining service to the upstream tributary areas. 28. The sewer connections shall be tied into the City of Azusa sewer system on Irwindale Avenue. If other arrangements are required, coordination must take place between the City of Irwindale, the City of Azusa and the LACSD. Gladstone Street has been recently paved within the City of Irwindale and may be inaccessible for sewer connections. Street: 29. Obtain written or stamped approval from the Los Angeles County Fire Department for access and roadways. 30. Traffic control and ramps to be in place for intersections and crossings during construction. Traffic control shall be maintained during construction to provide adequate vehicular and pedestrian access to facilities in the work area. 31. Remove and reconstruct sidewalks as necessary to remove unnecessary parkway improvements, such as curb drains, driveways, etc. that serve the existing use. 32. Reconstruct/repair all damaged pavement areas of Irwindale Avenue, Gladstone Street and Mira Loma Drive to the satisfaction of the City Engineer. 33. Remove existing rails and rail signal equipment from Irwindale Avenue. Coordinate work with the UPRR. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit —A .doc 34. Emergency access driveways shall conform to the City of Azusa standards. 35. Mira Loma drive shall be fully improved. 36. Dedicate remaining portion of Mira Loma Drive to ultimate width. 37. Construct raised medians on Gladstone Street to provide for left turn pockets, control traffic movements and act as a physical barrier between traffic movements and vehicles to the satisfaction of the City Engineer. 38. Raised medians will be constructed in a manner to provide left turn access for S. Duggan Street. 39. Reconstruct concrete paving at the intersection of Gladstone Street and Vincent Avenue in accordance with the County of Los Angeles standards for a concrete intersection. 40. Provide a TI and R value for Gladstone Street determined by a Registered Geotechnical Engineer. Core street to confirm existing street has a sufficient structural section to handle the increase everyday loading. Reconstruct street to the satisfaction of the City Engineer. 41. Provide sight distance study for Mira Loma Drive to east side and for S. Duggan Street. 42. Provide on street parking perpendicular to the curb on Mira Loma Drive. No parking on the west side of the street. 43. New ADA ramps for the intersections of Gladstone Street and Vincent Avenue and Gladstone Street and Irwindale Avenue. 44. Provide new sidewalk and curb and gutter on Gladstone Street to the satisfaction of the City Engineer. 45. Minimum radius for curb returns shall be 25 feet. 46. Provide signal modifications and mitigation measures in conformance with the approved traffic study. Update traffic signal equipment to a 170E controller with battery backup, 100 mph poles, countdown pedestrian heads and new LED ISNS at both of the impacted signalized intersections on Gladstone Street. Environmental: 47. Project must comply with NPDES and any requirements of the State Water Quality Control Board. 48. A registered Civil Engineer must submit SUSMP report, S WPPP, and a detailed list of BMPs for approval prior to or with grading plan. 49. Dust control during the construction is required. Submit plan for approval. 50. Work hours are 7:00 a.m. to 5:00 p.m., Monday through Saturday. No work shall be performed on Sundays or Holidays. 51. 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. I. All requirements of the Community Improvement Division shall be met, including but not limited to the following: 1. Maintain the open space along the north side of Gladstone Street. 2. Trim existing palm tree at the main entrance. 3. Refurbish/repaint the Cemex sign and the Land Reclamation sign. P/Plannina/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doc J. The applicant shall comply with the Mitigation Measures as listed in the MRF/TS EIR and as follows: 1. . AES -1 Concurrent with the Demolition Permit Application, a Construction Management Plan shall be submitted for review and approval by the Director of Economic and Community Development. The Construction Management Plan shall, at a minimum, indicate the equipment and vehicle staging areas, stockpiling of materials, fencing (i.e., temporary fencing with opaque material), and haul route. Construction haul routes shall minimize impacts to sensitive uses in the City. The applicant shall implement the construction Management Plan during project construction. 2. TRA -1 Priorto issuance of a Certificateof Occupancy, (estimated to be I't quarter of 2013)1 the Applicant shall install, at the intersection of Irwindale Avenue and Gladstone Street, a second (new) southbound left turn lane (at the southbound approach [north leg] of the intersection) and a second (new) westbound right tum lane (for turns from Gladstone Street to northbound Irwindale Avenue), along with acquiring the land dedication required. However, should regulatory approvals not be granted by the City of Irwindale by the date of Certificate of Occupancy, the Applicant shall provide funds in an interest bearing dedicated trust account held jointly with the City of Azusa for the future installation of the identified improvements as well as those identified in TRA -2 and TRA -3 (hereinafter referred to as Intersection Improvements). The estimated cost of constructing the improvements at this intersection S248.000.00. -which shall be further verified by the time the Certificate of Occupancy is issued and adjusted if necessary by the mutual agreement of the Cities of Azusa and Irwindale, and which shall be placed in trust for use by the City of Irwindale. If the City of Irwindale decides to allow or move forward with the Intersection Improvements and grants, or enters into an agreement with Waste Management or the City of Azusa to grant, all necessary approvals for construction of the Intersection Improvements prior to issuance of a Certificate of Occupancy, the fees and interest collected by the City of Azusa and held in trust shall be provided to the City of Irwindale. In the event that, five years after the issuance of a Certificate of Occupancy, the City of Irwindale has not opted to implement the Intersection Improvements or has not granted the approvals needed to Waste Management or the City of Azusa for the Intersection Improvements to move forward, the Applicant shall be reimbursed for some or all of the moneys collected for the Intersection Improvements that have not already been spent. 3. TRA -2 Prior to issuance of a Certificate of Occupancy; the Applicant shall install, at the intersection of Vincent Avenue and Gladstone Street, three landfill driveway approach lanes, a second (new) northbound left turn lane (with protected phasing), a second (new) eastbound left tum lane (with protected phasing), and a new westbound protected left -tum phase, with acquiring the land dedication required. P/Planning/Entitlements/2-Zane Change/2009-01 1500 Gladstone St./Conditions of Approval/drafiCCExhibit —A .doc 4. TRA -3 Prior to issuance of a Certificate of Occupancy, (estimated to be the I" quarter of 2013), the Applicant shall install, at the intersection of Irwindale Avenue and Arrow Highway, a second (new) southbound left tun lane. However, should regulatory approvals not be granted by the City of Irwindale by the date of Certificate of Occupancy, the Applicant shall provide funds in an interest bearing dedicated trust account held jointly with the City of Azusa for the future installation of the identified improvements as well as those identified in TRA -1 and TRA -2 (hereinafter referred to as Intersection Improvements). The estimated cost of constructing the improvements at this intersection is $203,000.00, which shall be further verified bythe time the Certificate of Occupancy is issued and adjusted if necessary by the mutual agreement of the Cities of Azusa and Irwindale, and which shall be placed in trust for use by the City of Irwindale. If the City of Irwindale decides to allow or move forward with the Intersection Improvements and grants, or enters into an agreement with Waste Management or the City of Azusa to grant, all necessary approvals for construction of the Intersection Improvements prior to issuance of a Certificate of Occupancy, the fees and interest collected by the City of Azusa and held in trust shall be provided to the City of Irwindale. In the event that, five years after the issuance of a Certificate of Occupancy, the City of Irwindale has not opted to implement the Intersection Improvements or has not granted the approvals needed to Waste Management or the City of Azusa for the Intersection Improvements to move forward, the Applicant shall be reimbursed for some or all of the moneys collected for the Intersection Improvements that have not already been spent. 5. TRA -4 Prior to issuance of a Certificate of Occupancy (estimated to be 1 st quarter of 2013), the project Applicant shall install an adaptive timing control system at the Irwindale Avenue/Gladstone Street and Vincent Avenue/Gladstone Street intersections that is compatible with the planned City of Azusa traffic control system and synchronization program and would interface with other neighboring cities. As part of the compatibility requirement, radio communications equipment shall also be installed at the existing signalized intersections of Irwindale Avenue and Gladstone Street (maintained by the City of Irwindale) and Vincent Avenue and Gladstone Street (maintained by the City of Azusa). However, should regulatory approvals not be granted by the City of Irwindale by the date of Certificate of Occupancy, the Applicant shall provide funds in an interest bearing dedicated trust account held jointly with the City of Azusa for the future installation of the adaptive timing control system at the Irwindale Avenue and Gladstone Street intersection. If the City of Irwindale decides to allow or move forward with the adaptive timing control system indicated above and grants, or enters into an agreement with Waste Management or the City of Azusa to grant, all necessary approvals for its installation prior to issuance of a Certificate of Occupancy, the fees and interest collected by the City of Azusa and held in trust shall be provided to the City of Irwindale. In the event that, five ,years after the issuance of a Certificate of Occupancy, the City of Irwindale has not opted to implement the adaptive timing control system or has not granted the approvals needed to Waste Management or the City of Azusa for the adaptive timing control system to move forward, the Applicant shall be reimbursed for some or all of P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit —A .doc the moneys collected for the adaptive timing control system that have not already been spent. 6. TRA -5 The project Applicant shall coordinate with the California Department of Transportation (Caltrans) prior to issuance of a building permit, to pay its pro -rated fair share for traffic improvement projects to the I-210 eastbound on/off ramps from Irwindale Avenue during the P.M. peak period, and to traffic along 1-21 0. The pro -rated fair share fees shall be based on final project approval, consultation with Caltrans, and consistent with the Methodology for Calculating Equitable Mitigation Measures (Appendix B) of Caltrans' Guide for the Preparation of Traffic Impact Studies (2002). Timing: After issuance of the Conditional Use Permit and at the time that specific highway capital improvement projects for this segment of I-210 or eastbound ramps at Irwindale/1- 210 are identified by Caltrans, or Caltrans implements a specific fair -share mechanism for the capital improvements to the I-210 eastbound/Irwindale Avenue ramps or mainline segment, whichever occurs first. 7. AQ -1 The following measures shall be implemented during construction to substantially reduce NOX related emissions. They shall be included in the Grading Plan, Building Plans, and specifications. Reductions in particulate emissions shall also be realized from the implementation of these measures as well as AQ -2 and AQ -3. • Off-road diesel equipment operators shall be required to shut down their engines rather than idle for more than five minutes, and shall ensure that all off-road equipment is compliant with the CARB in -use off-road diesel vehicle regulation and SCAQMD Rule 2449. • The following note shall be included on all grading plans: "During construction activity, the contractor shall utilize California Air Resources Board (CARB) Tier U certified equipment or better for all on-site construction equipment to meet EPA Tier 2 or higher emissions standards according to the following: - Thru December 31, 2011: All off-road diesel -powered construction equipment greater than 50 hp shall meet Tier 2 off-road emissions standards. In addition. all construction equipment shall be outfitted with the BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 2 or Level 3 diesel emissions control strategy for a similarly sized.engine as defined by CARB regulations. - January 1, 2012 to December 31, 2014: All off-road diesel powered construction equipment greater than 50 hp shall meet Tier 3 off-road emissions standards. In addition, all construction equipment shall be outfitted with the BACT devices certified by GARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. - Post -January 1, 2015: If applicable, all off-road diesel -powered construction equipment greater than 50 hp shall meet the Tier 4 emission standards where available and commercially feasible. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit —A .doc - A copy of each unit's certified tier specification, BACT documentation. and CARB or SCAQMD operating permit shall be provided to the City at the time of mobilization of each applicable unit of equipment. • The contractor and applicant, if the applicant's equipment is used, shall maintain construction equipment engines by keeping them tuned and regularly serviced to minimize exhaust emissions. • Use low sulfur fuel for stationary construction equipment. This is required by SCAQMD Rules 431.1 and 431.2. • Utilize existing power sources (i.e., power poles) when available. This measure would minimize the use of higher polluting gas or diesel generators. • Configure construction parking to minimize traffic interference. • Minimize obstruction of through -traffic lanes and provide temporary traffic controls such as a flag person during all phases of construction when needed to maintain smooth traffic flow. Construction shall be planned so that lane closures on existing streets are kept to a minimum. • Schedule construction operations affecting traffic for off-peak hours to the best extent when possible. 8. AQ -2 Prior to issuance of any Grading Permit, the City Engineer and the Chief Building Official shall confirm that the Grading Plan, Building Plans and specifications stipulate that, in compliance with South Coast Air Quality Management District Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the South Coast Air Quality Management District's Rules and Regulations. In addition, South Coast Air Quality Management District Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. The following measures shall be implemented to reduce short-term fugitive dust impacts on nearby sensitive receptors: • All active portions of the construction site shall be watered to prevent excessive amounts of dust; • On-site vehicle speed shall be limited to 15 miles per hour; • All on-site roads shall be paved as soon as feasible or watered periodically or chemically stabilized; • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust; watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the da}; • Visible dust beyond the property line which emanates from the project shall be prevented; • All material transported off-site shall be sufficiently watered and securely covered to prevent excessive amounts of dust prior to departing the job site; and • All delivery truck tires shall be watered down and scraped down prior to departing the job site. 9. AQ -3 Prior to the issuance of a building permit, the project applicant shall prepare an implementation program for the City's approval requiring the use of alternative fuel vehicles under the following schedule, and consistent with Rule 1193: P/Planning/Entitlementsi2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/drafiCCExhibit —A Am a. Waste Management shall convert into alternative fuel vehicles solid waste collection trucks, and transfer trucks that utilize the Facility and are owned by Waste Management, its subsidiaries, or affiliated enterprises, according to the following phase-in schedule: i. By December 31, 2014, at least 70 percent of all aforementioned vehicles shall be alternative fuel vehicles. ii. By December 31, 2015, at least 85 percent of all aforementione6vehicles shall be altemative fuel vehicles. iii. By December 31, 2016, at least 100 percent of all aforementioned vehicles shall be alternative fuel vehicles. b. For the purpose of complying with this mitigation measure, alternative fuel vehicles shall utilize alternative fuels that are consistent with recommendations or regulations of CARB and SCAQMD, Rule 1193. c. Off-road equipment for on-site operations shall use model 2011 or later diesel equipment that are fully compliant with tier 4 emission standards. The applicant shall implement the implementation plan and submit proof of compliance for each of the milestones listed above by the designated date. 10. AQ -4 Prior to the issuance of a building permit, the project applicant shall prepare an Odor Management Plan (OMP) pursuant to the requirements of SCAQMD Rule 410. The City Engineer shall verify that the OMP has been approved by the SCAQMD or the Local Enforcement Agency (LEA) or CalRecycle and verify its implementation prior to issuance of certificate of occupancy and during operations. Any odor complaints received shall be sent to the City of Azusa City Engineer. 11. N-1 Prior to Grading Permit issuance, the project shall demonstrate, to the satisfaction of the City of Azusa Community Development Department that the proj ect complies with the following: • Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State required noise attenuation devices. • Prior to issuance of each Grading or Building Permit, the Applicant shall demonstrate to the satisfaction of the City's Building Official how construction noise reduction methods such as shutting off idling equipment, installing temporary, acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment stagging areas and occupied residential areas, and electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. 12. N-2 Prior to issuance of building permits an acoustical study shall be prepared and submitted to the City that demonstrates that the MRF/TS offices (e.g. upgraded windows and insulation, etc.) will ensure theywill not experience intcrior noise levels greaterthan 45 CNEL due to traffic on Gladstone Street. The study shall be prepared by a qualified acoustical engineer and quantify the noise level impacting the building face, the noise reduction provided by the building design, and any upgrades that are required to meet the P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doe standard. Any required upgrades shall be incorporated into the architectural drawings for the project. 13. PSU-1 The Applicant shall incorporate safety and security conditions specified by the Azusa Police Department regarding issues including, but not limited to, perimeter walls, parking requirements, fire lanes, traffic specifications, surveillance cameras, lighting systems, and pedestrian crossings. The incorporation of specified conditions in building plans and specifications shall be verified by the Azusa Police Department prior to issuance of a building permit. 14. CUL -1 In the event that cultural resources are exposed during ground -disturbing activities, construction activities (e.g., grading, grubbing, or vegetation clearing) shall be halted in the immediate vicinity of the discovery. An archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards (Secretary of the Interior 1983) shall be retained to evaluate the find's significance under CEQA. If the discovery proves to be significant, additional work to preserve the find, such as data recovery excavation, shall be recommended by the archaeologist, in consultation with the Director of Economic and Community Development, and implemented by the Applicant. 15. CUL -2 In the event that any prehistoric, historic, or paleontological resources are discovered during construction -related earth -moving activities, all work within 50 feet of the resources shall be halted and the developer shall consult with a qualified archaeologist or paleontologist to assess the significance of the find. If any finds are determined to be significant by the qualified archaeologist, then representatives from the City of Azusa and the qualified archaeologist and/or paleontologist shall meet to determine the appropriate course of action by the Applicant necessary to recover and preserve the find. 16. CUL -3 If construction activities result in the discovery of human remains during ground disturbances, State of California Health and Safety Code Section 7050.5 shall be implemented. This code section states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to PRC Section 5097.98. The County Coroner shall be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner shall notify the Native .American Heritage Commission, which shall determine and notify a Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Such human remains and associated items will be treated as recommended by the MLD. 17. HAZ-1 Prior to demolition and/or rehabilitation activities, an asbestos survey shall be conducted by an Asbestos Hazard Emergency Response Act (AHERA) and Cal OSHA certified building inspector to determine the presence or absence of asbestos containing -materials (ACMs). If ACMs are located; abatement of asbestos shall be completed prior to any activities that would disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the South Coast Air Quality Management District (SCAQMD) Rule 1403. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draft=xhibit —A .doc 18. HAZ-2 If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste shall be evaluated independently from the building material by a qualified Environmental Professional. If lead-based paint is found, abatement shall be completed by a qualified Lead Specialist prior to any activities that would create lead dust or fame hazard. Lead-based paint removal and disposal shall be performed in accordance with California Code of Regulation Title 8, Section 1532. 1, which specifies exposure limits, exposure monitoring and respiratory protection, and mandates good worker practices by workers exposed to lead. Contractors performing lead-based paint removal shall provide evidence of abatement activities to the City Project Engineer. 19. HAZ-3 Prior to issuance of a grading permit, the Applicant shall determine whether or not underground storage tanks (USTs) are present within the western portion of the project site. Should USTs be present on-site, the Applicant shall obtain appropriate permits from the County of Los Angeles Department of Public Works and County of Los Angeles Health Hazardous Materials Division, per the Environmental Programs Division and the Underground Storage Tank and remove the UST's. UST closure by removal shall comply with the closure conditions as directed on the closure Permit as well as meet the requirements of California Health and Safety Code Division 20, chapter 6.7, section 25298, California code of Regulations title 23, division 3, Chapter 16, Sections 2670 through 2672 and the Los Angeles County Code. The Applicant shall conduct soil/groundwater testing, as requested by the Health Hazardous Materials Division. Should the Health Hazardous Materials Division refer the case to any other regulatory agency (e.g. the Department of Toxic Substances Control or Regional Water Quality Control Board, etc.) then the Applicant shall comply with that said agency as well. 20. HAZ-4 If groundwater is encountered during construction, sampling shall be conducted by a qualified hazardous materials specialist with Phase II/Site Characterization experience in order to ensure that worker safety is not compromised. In the event that groundwater contamination is above acceptable regulatory thresholds, than the Applicant shall prepare and implement a Worker Safety Plan, approved by the County of Los Angeles Health Hazardous Materials Division, that outlines safety precautions (e.g., utilization of protection equipment, specific training prior to commencing work, verification of safety requirements during construction, etc.) that minimize potential exposure to workers. 21. HAZ-5 If unknown wastes or suspect materials are discovered during construction by the contractor that are believed to involve hazardous waste or materials, the contractor shall comply with the following: • Immediately cease work in the vicinity of the suspected contaminant, and remove workers and the public from the area; • Notify the City Engineer of the City of Azusa; • Secure the area as directed by the City Engineer; and • Notify the County of Los Angeles Health Hazardous Materials Division's Hazardous Waste /Materials Coordinator (or other appropriate agency specified by the County of Los Angeles Health Hazardous Materials Division). The Hazardous P/Plannine/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doe Waste/Materials Coordinator shall advise the responsible party of further actions that shall be taken, if required, and the applicant will implement all further actions so specified.. 22. HAZ-6 Prior to issuance of a grading permit, the Applicant shall demonstrate compliance with land use regulations specified by CalRecycle in Title 27, Division 2, Chapter 3„Subchapter 5, Article 2, Section 21190, California Integrated Waste Management Board — Postclosure Land Use standards as follows: • All on-site construction within 1,000 feet of the boundary of any disposal area shall be designed and constructed in accordance with the following, or in accordance urith an equivalent design which will prevent gas migration into the building, unless an exemption has been issued: - A geomembrane or equivalent system with low permeabilityto landfill gas shall be installed between the concrete floor slab of the building and subgrade; - A permeable layer of open graded material of clean aggregate with a minimum thickness of 12 inches shall be installed between the geomembrane and the subgrade or slab; - A geotextile filter shall be utilized to prevent the introduction of fines into the permeable layer; - Perforated venting pipes shall be installed within the permeable layer, and shall be designed to operate without clogging; - The venting pipe shall be constructed with the ability to be connected to an induced draft exhaust system; - Automatic methane gas sensors shall be installed within the permeable gas layer, and inside the building to trigger an audible alarm when methane gas concentrations are detected: and - Periodic methane gas monitoring shall be conducted inside all buildings and underground utilities. 23. HWQ-1 Prior to Grading Permit issuance and as part of the project's compliance with the NPDES requirements, a Notice of Intent (NOI) shall be prepared and submitted to the Los Angeles County Regional Water Quality Board (Alm), providing notification and intent to comply with the State of California General Permit. 24. HWQ-2 The proposed project shall conform to, and implement, the requirements of an approved Storm Water Pollution Prevention Plan (SWPPP) (to be applied for during the Grading Plan process) and the NPDES Permit for General Construction Activities No. CAS000002, Order No, 2009-0009-DWQ, including implementation of all recommended Best Management Practices (BMPs), as approved by the State Water Resources Quality Control Board (SWRCB). 25. HWQ-3 The potential Best Management Practices (BMPs) outlined in Section 5.0 of the Hvdrolod- and Water Quality Technical Study for the Waste Management Material Recovery Facility, Transfer Station, and Household Hazardous Yf%aste Facility prepared by RBF Consulting (October 2010), shall be considered for inclusion in the project's Storm Water Pollution Prevention Plan (SWPPP) to the extent necessary to comply with the NPDES Permit for General Construction Activities No. CAS000002, Order No. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doc 2009-0009-DWQ. All BMP's included in the SWPPP shall be implemented by the applicant. 26. WQ-4 In order to ensure the proposed project would not impact existing drainage facilities (i.e., Arrowdale Drain) serving the project site, the Applicant shall prepare a detailed design report that demonstrate the following prior to the issuance of grading permits, to be reviewed and approved by the Los Angeles County Public Works Department and the City Engineer: • Post -development peak storm water run-off discharge rates shall be mitigated to the existing conditions capacity (current design capacity, as analyzed in the 2007 Irwindale Master Hydrology Study) of the downstream Arrowdale Drain utilizing an on-site detention /retention basin(s); • All storm drain facilities, excluding detention basins, shall be designed for 25 -year storm event protection; and Detention facilities shall be designed for 50 -year storm event protection. The approved drainage facility design report shall be implemented by the applicant. 27. HWQ-5 The project Applicant shall prepare and implement a site-specific Standard Urban Stormwater Mitigation Plan (SUSMP) for the proposed project. Requirements for commercial/institutional developments (including the proposed project) include the following to be implemented by the Applicant and enforced by the City of Azusa Public Works Department: • Post -development peak storm discharge rates shall not exceed the estimated pre - development rate for developments where increased peak storm water discharge rates will result in increased potential for downstream erosion. • Conserve natural areas by using cluster development, limiting clearing and grading of native vegetation, maximize trees and other vegetation, promote natural vegetation, and preserve riparian area and wetlands. • Minimize storm water pollutants of concern by incorporating Best Management Practices (BMPs) or combinations of BMPs best suited to maximize the reduction of pollutant loadings in run-off to the maximum extent practicable. • Protect slopes and channels to decrease the potential of slopes and channels from eroding and impacting storm water run-off. • Provide storm water drain system stenciling and signage. • Properly design outdoor material storage. • Properly design trash storage areas. v • Proper proof of ongoing BMP maintenance. • Comply with SUSMP standards for design of structural or treatment control BMP's. - Bioretention Basins - Infiltration Trench/Basin - Irrigation Retention - Extended Detention Basins - Vegetated Swales/Strips - Media filters - Or other approved treatment control BMP's P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit -A .doc • Properly design loading/unloading dock areas. • Properly design repair/maintenance bays. • Properly design vehicle/equipment wash areas. • Design parking areas to reduce impervious land coverage, infiltrate run-off, and treat run-off before it enters the storm drain system. 28. GEO-I The project shall incorporate and implement all engineering recommendations contained within the Geotechnical Investigation for the Proposed Material Recovery Facility, Transfer- Station, and Entrance Improvements, prepared by Geocon West, Inc., dated May 17, 2010, during project site design, construction, and operations to reduce any potential geotechnical hazards at the project site. These recommendations shall be stipulated in the construction contracts and specifications. The Geotechnical Investigation is included in Appendix 15.11. Geotechnical brvestieation, of this EIR and is incorporated'by reference into this mitigation measure. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doc EXHIBIT B Final City Council Conditions of Approval 7-5-11 ti $ Fig. A °lYoa„� Exhibit "A” �+Y" 2diTla I Final ON Council Conditions of Annroval Date is o — ' GP -A 2010-01, Z 2009-01, UP 2009-01, ZCA 230, UP 2010-04, UP 2010- 05, V 2010-02, V2010-03, V2010-04, DR 2009-01 Address: 1501 W. Gladstone Street A.P.N.: 8615-007-011 General Plan Amendment to change a portion of the subject site from General Plan land use designation Recreation/Landfill Mixed Use to Industrial; Zone Change to change the same area from zoning map classification DWL to DW; Use Permit to allow the proposed Materials Recovery Facility (MRF) and Transfer Station (TS) as a recycling processing facility in the DW zone; Zoning Code Amendment to allow 24 hour operations with a Use Permit in the Industrial zones; Use Permit to allow the 24 hour operation of the MRF/TS; Use Permit to allow a reduction in the provided parking spaces; Variance to allow an increase in perimeter wall height; Variance to allow an increase in the building height; Variance to allow a deviation from operational standards: Desien Review for the construction of the MRF/TS. 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 entitlements: the Use Permit to allow the proposed MRF/TS as a recycling processing facility, the Use Permit to allow a 24 hour operation, the Use Permit to allow a parking reduction in parking, the Variance to allow increase in perimeter wall height, the Variance to allow an increase in building height, the Variance to allow a deviation from operational standards, and a Design Review for the construction of the MRF/TS, shall be exercised within 2 year after its 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 or, has commenced operation of the use, for projects not requiring building permits. 2. The entitlements: the Use Permit to allow the proposed MRF/TS as a recycling processing facility, the Use Permit to allow a 24 hour operation, the Use Permit to allow a parking reduction in parking, the Variance to allow increase in perimeter wall height, the Variance to allow an increase in building height, the Variance to allow a deviation from operational standards, and a Design Review for the construction of the MRF/TS shall not be effective until General Plan Amendment GPA 2010-01, Zoning Code Amendment ZCA 230, and Zone Change Z 2009-01 P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doc have each taken legal effect. In the event any one of GPA 2010-01, ZCA 230, and Z 2009-01 fails to take legal effect, none of the entitlements listed in this condition shall take effect. 3. All applicable Building Division and Fire Department requirements shall be met at all times. 4. All construction and uses shall be in substantial conformance with the approved plot plan and elevations, as modified pursuant to the conditions listed herein. 5. Prior to submitting for Building Division plan check, applicant shall submit a revised plot plan, floor plans, and elevations to the Planning Division for review and approval. The revised plans shall show compliance with all applicable zoning standards and reflect the following conditions: a. At least 79 parking spaces shall be provided and maintained in accordance with Chapter 88.36 (Parking and Loading) of the Development Code. b. At least 2 motorcycle parking spaces shall be provided. C. At least 4 bike racks shall be provided. d. A roof plan showing any roof -mounted equipment. All roof -mounted mechanical equipment shall be screened from public view. e. An elevation and site plan of the roofed and enclosed outdoor temporary bale storage area and a detail of the type of wall or opaque fence enclosure. 6. Chapter 88.34.080 Water Efficient Landscaping of the Azusa Development shall apply to this project if the total landscaped area is equal to or greater than 2,500 square feet. 7. All landscaped areas shall include an automatic irrigation system designed and installed in compliance with Section 88.34.080 Water Efficient Landscaping. 8. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation, weeding, and/or replacement when necessary. 9. Three sets of final Landscape and Irrigation plans shall be submitted to the Planning Division for review and approval, including compliance with the City Water Efficiency Ordinance if applicable. Said plans shall be 24" by 36" and in compliance with the City of Azusa landscape design standards. Location and percentage of landscaping, plant material and quantities of each, plant and planter box size, and design of an automatic irrigation system with detailed cross-sections shall be clearly indicated. (Note: Do not submit these plans with the building plan check. Plans must be submitted directly to the Planning Division. The applicant is made aware that the Parks Division will be routed two sets of plans. Please allow 2- 3 weeks for review.) The number of parkway trees, if any, shall be determined by the Parks Division. 10. 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. 11. All illuminated sign and parking lot lighting shall be located, aimed and/or shielded to prevent lights from shining or reflecting on adjacent property. P/Planning/Entitlements/2-Zane Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A doc 12. A Master Sign Plan is required for the project. 13. 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. 14. 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. 15. Portable signs on the property are prohibited. 16. Temporary signs on the property shall meet all requirements of Chapter 88.38 (Signs) of the Development Code. 17. All handling and storage of hazardous waste, materials, or chemicals shall be in accordance with all applicable State, Federal, or local laws. 18. 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. 19. 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 attorney's fees and other reasonable costs incurred by the City in defending such action or proceeding. 20. 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. 21. Any changes to the conditions listed herein must be approved by the City Council. 22. All transfer waste trailers shall be covered for transport before leaving the MRF/TS site. 23. In accordance with Chapter 88.39 of the Development Code, the applicant shall select, purchase and install permanent outdoor an at the development site, accessible and visible to the general public from public streets, or pay an in lieu fee, if the total project valuation exceeds $750,000. 24. The outdoor storage area shall be used for the short-term, temporary storage of baled recyclable materials only and it shall be roofed and enclosed by a solid wall or opaque fence. The baled, recyclable material must be date -tagged and may only be stored in the designated outdoor storage area for no longer than 96 hours. 25. The entrance area to the project, designated in the EIR as the Household Hazardous Waste Facility area and the area along Gladstone Street, between the entrance and P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/drafICCExhibit—A .doc the corner of Irwindale Avenue, shall be included in the required landscape plans. New landscaping along the existing block wall and the new block wall, parallel to Gladstone Street, shall be tall enough to eventually screen the majority of trucks in the queuing area on the access road from of public view. 26. The applicant shall adhere to the City of Azusa Noise Standards regarding daytime and night time noise. 27. There shall be no outside routine operations performed during the hours of 10:00 p.m. and 6:00 a.m. 28. The applicant shall prohibit all municipal solid waste transfer trucks from leaving the MRF/TS facility between the hours of 4:00 pm and 6:00 pm. 29. The applicant shall consider giving precedent to Azusa residents when hiring new personnel, including utilizing such methods as a local job fair. 30. The applicant shall pay a "fair share' amount, to be determined by the City of Azusa City Engineer, of the cost of pavement maintenance on Irwindale Avenue, from the 210 Freeway south to Gladstone Street and on Gladstone Street, from Mira Loma Avenue to Irwindale Avenue, for period of five years. 31. The applicant shall provide information on CARB and SCAQMD programs regarding Rule 1193. 32. The applicant acknowledges and accepts that these Conditions of Approval are intended to avoid potential nuisance conditions from arising as a result of applicant's operations and therefore, applicant accepts that violations may be sited in accordance with the City's nuisance regulations and the City's fines and penalties ordinance. B. All requirements of the Recreation and Parks Department shall be met, including but not limited to the following: I . 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. 2. Landscape and irrigation design must comply with all requirements of the City's Water Conservation Ordinance as it relates to AB- 1881 Water Efficient Landscaping. C. All requirements of the Building Division shall be met, including but not limited to the following: 1. Project and plans shall conform to the California Building Standards Code adopted by reference in Section 14-1 of the Azusa Municipal Code, and all amendments and modification thereto, contained in Chapter 14 of the Azusa Municipal Code. Project and plans shall also conform to the 2010 California Energy Code and the City of Azusa Municipal Code. 2. All plan check fees shall be paid at the time of plan check submittal. Once plan check is completed and approved, applicant shall be responsible to pay in full all other appropriate development fees (i.e. school district fees, water reimbursement, park fees)rip or to issuance of any building permit. 3. Electrical, mechanical, plumbing plan check fees are required. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doc 4. Energy plan check fees are required. 5. Applicant shall submit 3 copies of foundation, framing, floor and elevation plans for plan check. 6. Structural, architectural, electrical, mechanical, plumbing plans shall be designed by a State of California Registered Engineer, or a State of California Registered Architect. 7. Applicant shall submit 3 copies of structural calculations simultaneous with the construction plans. 8. Applicant shall submit 3 copies of energy calculations simultaneous with the construction plans. 9. Electrical, mechanical, plumbing plans shall be submitted for plan check simultaneous with the construction plans. 10. Applicant shall submit 3 copies of soil report simultaneous with the construction plans. 11. Prior to issuance of a permit, the applicant shall submit approval from the Los Angeles County Fire Department, and the South Coast Air Quality Management District (SCAQMD). 12. Plans as submitted are not acceptable for Building Division submittal. 13. Methane study is required to determine if methane mitigation system is needed for all new construction. 14. Special foundation system is required for MRF/TS scale facility or any other structure located over landfill area. 15. Grading, excavation, foundations, slab work, paving, retaining walls and shoring must comply with recommendations of geotechnical investigation report. 16. Shoring plan is required to be submitted to Building Division and Engineering Division for approval prior to excavation for tunnel area. 17. Grading plan is required to be submitted to the Engineering Division for review and approval prior to permit issuance. 18. Approval from Azusa Light and Water Department is required prior to issuance of permit. 19. Applicant is -responsible for submitting all necessary paperwork, forms, plans and obtaining approval from other City Division/Departments and outside agencies that have requirements for project. D. All requirements of the Water Division shall be met, including but not limited to the following: I . Fire Service backflow device (DCDA) location to be set close to the public right-of-way. 2. Will require an approved backflow device for any domestic service. 3. Will require installation of a new water main. 4. Plan Check is required. 5. The owner or project applicant shall take sole responsibility for cost 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. 6. This project is subject to Ordinance 96-08, City of Azusa Municipal Code Sections 78- 471 through 477 of Division 5 entitled "Water System Development Fee" if there is any P/Planning/Entitlements2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit-A .doc change in floor footage. Fees must be paid to the Light and Water Department following the final plan approval by the Building Division.. Fee must be paid to the Light and Water Department following the final plan approval by Building Division. 7. This project is subject to Ordinance No. 07-012, Sections 78-501 through 78-513 of Division 6, entitled "Water 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 providing funds to perform retrofits. 8. The following estimated Water system Development Fee is based on Resolution No. 08- 059 and will be changed to reflect the actual rate as of the day fees are paid. Land Use Category: Industrial — 120,896 @ $8681.92/acre. $0.34/SF = $41,104.64 E. All requirements of the Light Division shall be met, including but not limited to the following: 1. Proposed Material Recovery Facility and Transfer Station Recycling Process Facility shall obtain electric utility service from Azusa Light and Water. Method of electric services to the separate facilities shall be determined when building plans are prepared and submitted for approval. 2. Any relocation, modification alteration or replacement of any existing electric facilities shall be at the sole cost and expense of project owner/applicant. Coordinate any relocation work with Azusa Light and Water prior to any approval of building plans. 3. New building facilities shall be served with underground electric service. Project owner/applicant shall make advance arrangements with Azusa Light and Water for the method of underground electric service. All metered electric service entrance main disconnecting means and meters shall be accessible and installed outside the building premises or in a separate enclosed utility room with provision for outside door access. 4. Project applicant and/or property owner shall grant an electric casement for all new electric facilities installed at private property, prior to energizing new electric service or release of the Certificate of Occupancy. 5. Prior to final approval of the project and before the issuance of the Certificate of Occupancy, the project owner/applicant shall comply with all requirements of Azusa Light and Water. F. All requirements of the Police Department shall be met, including but not limited to the following: 1. Perimeter walls of property facing Irwindale Ave. and Gladstone St. shall be either constructed of material or protected in a manner which will deter graffiti. This condition can be met either by building walls with materials resistant to graffiti paint or by covering exterior facing walls with thorny or vine like plants. 2. Handicapped parking stalls shall marked in compliance with CVC 22511.8 3. Fire lanes shall be marked in compliance with CVC 22500.1 4. A traffic impact study in regards to flow, pattern, controls, etc., shall be completed and submitted for review by the Azusa Police Traffic Division. P/Planning/Entitlements2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doc 5. Applicant shall install strategically placed surveillance cameras that are digitally recorded and stored for at least 30 days for investigative purposes. Moreover, warning signs of such recording(s) shall be conspicuously posted as a crime deterrent. The surveillance system and recordings shall be maintained by Waste Management. 6. Any areas within the property that are identified as having a likelihood ofhigh employee/ visitor pedestrian traffic crossing truck lanes shall have clearly marked pedestrian crosswalks. Theses areas shall also have caution signs indicating potential pedestrian traffic. These areas shall minimally include areas around the offices and pathways leading from the buildings to the proposed pedestrian access points off of Gladstone Street. 7. The exit from the facility off of Mira Loma Ave., which is proposed asa "right turn only" exit, shall have clear markings both on the ground and on signage that indicates it is a right turn only exit. 8. In order to minimize potential traffic congestion on Gladstone St., it is recommended that left turns onto NB Mira Loma Ave. from EB Gladstone St. be prohibited. Ideally, a wedge median would be placed on Gladstone St. to prevent left turns onto Mira Loma Ave. 9. Applicant shall install lighting systems that provide uniformed white light which provide night time vision for vehicles and pedestrians to permit them to see one another, to see risks involved in walking at night and to reduce risk of trip and fall accidents. Moreover, provide lighting systems which will enhance police ability for surveillance and patrol. 10. Applicant shall install lighting systems that provide uniformed white light that minimize glare, light pollution and light trespass. Where necessary, provide light transition zones. 11. All lighting systems shall be protected from vandalism. (e.g. unbreakable exterior, tamperproof hardware, non -corrosive design components and shock absorbing bracket design). 12. Ensure that number of proposed parking stalls will be sufficient to accommodate anticipated number of employees and visitors. 13. If the property owner wants illegally parked cars to be towed or cited, the property shall have signs posted in compliance with CVC 22658, G. All requirements of the Fire Department shall be met, including but not limited to the following: 1. SUBMIT FOUR CORRECTED ARCHITECTURAL SETS OF PLANS, FOR FINAL APPROVAL. PLEASE MAKE EACH CORRECTION AS DIRECTED IN EACH REQUIREMENT. 2. A Building Permit WILL NOT be issued prior to acceptance of eh hydrant location, fire flow and any additional requirements by the Department. 3. For questions concerning your project corrections, please contact: Manny Moshrefi, Plans Examiner, at 626-963-5564 between the hours of 7:30 a.m. and 10:30 a.m. only, Monday through Friday. Office meeting by appointment only. 4. Provide a minimum unobstructed width of 26 feet (28 feet for building more than three stories or 35 feet height), except for approved security gates in accordance with Section P/Planning/Entitlements/2•Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A doc 503.6 and an unobstructed vertical clearance "clear to the sky" Fire Department vehicular access to within 150 feet of all portions of the exterior building walls. Fire Code 503.2. 1. Cross hatch the Fire Department vehicle access on the site plan. 5. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved Fire Department turnaround. Fire Code 503.2.5 Cross -hatch the Fire Department turnaround on the site plan. 6. 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. 7. Fire Department vehicular access roads must be installed and maintained in a serviceable manner prior to and during the time of construction. Fire Code 501.4. Provide a note on the site plan. 8. A minimum 5 foot wide approved firefighter access walkway leading from the fire apparatus access road to the building exterior openings shall be provided for fire fighting and rescue purposes. Fire Code 504.1. Indicate firefighter walkway access routes on the site plan. 9. 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. Provide a note on the site plan. 10. A Key Box shall be provided and maintained in accordance with Fire Code 506, and as set forth in Fire Department Regulation 5. Provide a note on the site plan. 11. The required fire flow for PUBLIC fire hydrants at this location is 3500gpm, at 20 psi residual pressure, for a duration of 3 hours over and above maximum daily domestic demand. Fire Code 508.3 and Fire Department Regulation 8. Provide a not on the site plan. 12. The required fire flow for ON-SITE fire hydrants at this location is 1250 gpm at 20 psi residual pressure. When two or more on-site hydrants are required, the fire flow shall be 2500 gpm, with each on-site fire hydrant being capable of flowing 1250 gpm at 20 psi residual pressure. Fire code 508.5.1 and Fire Department Regulation 8. Provide a note on the site plan. 13. Show all existing PUBLIC fire hydrants within 300 feet of the lot frontage on both sides of the street. Specify size of fire hydrant(s) and dimension(s) to property lines. Additional fire hydrant requirements may be necessary after this information is provided. Fire Code 508.1 and Fire Department Regulation 8. Indicate size and locations of all existing fire hydrants on site plan. 14. The fire hydrant requirements for this project are as follows: Install 3 PUBLIC fire hydrants. Install 6 ON-SITE fire hydrants. Locations: As shown on the site plan. Fire Code 901.4.1 and Fire Department Regulation 8. Show new/upgrade/relocated hydrant locations on site plan. 15. All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current American Water Works Association standard C503 or apposed equal, and shall be installed in compliance with Fire Department Regulation 8. Fire Code 508.1.1. All P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCC6;6ibit—A .doe required PUBLIC hydrants shall be installed, tested and accepted prior to beginning construction. Fire Code 501.4. All on-site fire hydrants shall be installed, tested, and approved prior to building occupancy. Fire Code 901.5.1. Provide a note on the site plan. 16. Provide a receipt, proof of payment, from the water purveyor that shows that all funds have been paid for the installation and/or upgrade of the required public fire hydrants. Provide a letter from the water purveyor or installing contractor that indicates the approximate date the work will be started and completed for the required fire hydrants. 17. Complete and return the required Fire Department "Fire Flow Availability" Form 196. Fire Code 508.1.1 18. Plans showing underground piping of on-site fire hydrants shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. Fire Code 901.2. Provide note on site plan. 19. The inspection, hydrostatic test and flushing of the underground fire protection piping shall be witnessed 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. Provide a note on the site plan. 20. Provide Building Code occupancy classifications for all separate and distinct uses of the structures in accordance with Building code 302.1. Indicate this on the site plan. 21. Provide Building Code type of construction in accordance with Building Code Section 602.1 and Table 601. Indicate type of construction on the site plan and provide construction details for the structural elements in Table 601. 22. 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. 23. Provide an approved automatic fire sprinkler system as set forth by Building Code 903 and Fire Code 903. Plans shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. CFC 903.2.3. Provide a note on the site plan. 24. Provide occupant load calculation and exit width analysis for all portions of the building in accordance with Building Code 1004, 1005, Table 1004.1.1 and Table 1005. L Incorporate calculations on site plan or provide an exit analysis plan. 25. Egress doors shall be readily openable from the egress side without the use of a key or any special knowledge or effort. Building Code 1008.1.8. Provide a note on the site plan. 26. The means of egress travel shall be illuminated at any time the building is occupied with alight intensity of not less than 1 foot-candle at the walking surface level. Building code 1006.2. Provide a note on the site plan. 27. The power supply for means of egress illumination shall normally be provided for 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 a note on the site plan and indicate the light fixtures with emergency power on the P/Planning/Entitlennents/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doc reflected ceiling plan. 28. 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 1011. Note: additional exit signs may be required at time of field inspection. Indicate the exit sign locations on floor plan/reflected ceiling plan. 29. Portable fire extinguisher shall be installed in locations as required by Fire Code 906. Provide a not on the site plan. 30. Owner to obtain permit from LOS ANGELES COUNTY FIRE DEPARTMENT if any building or portion of building exceeding 500 square feet is to be used for storage of high piled combustible storage. H. All requirements of the Engineering Division shall be met, including but not limited to the following: General: 1. The contractor shall take every step necessary to contain all dirt, construction materials, and construction run-off on site. No grading or construction -related debris, either directly or indirectly carried by water, will be permitted to leave the construction site. 2. All work within the Public Right of Way will require application for and issuance of an Encroachment Pen -nit issued by the City of Azusa and the City of Irwindale Public Works Department. All work shall be done in accordance with City of Azusa Standards, City of Irwindale Standards and the latest edition of the Standard Specifications for Public Works Construction and to the satisfaction of the City Engineer or his designee. All work in the public right-of-way shall be completed before issuance of the Certificate of Occupancy. 3. Provide a methane handling study prepared by a Professional within the discipline. 4. Provide a covenant, agreement and indemnity for the portion of Mira Loma Drive that is used as a portion of the site access. 5. Provide ALTA survey. 6. Obtain demolition permit from the City of Azusa Building Division, 7. Haul route approval and transportation permits required for all construction vehicles from both jurisdictions. Grading: 8. Provide rough and finish grading plans signed by a Registered Civil and Geotechnical Engineer. 9.. Prior to issuance of grading permit, provide verification of fee payment to the County Sanitation Districts of Los Angeles County. 10. Provide ADA access around building in conformance with current codes. 11. Provide Engineering Division with copies of all Environmental site remediation clearances. 12. Provide cross sections of all access roads and N/S and E/W sections through proposed site. Storm Drainage: P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A doc 13. Submit all drainage plans and hydrology report for approval. 14. Verify after grading operations, construction of walls and buildings, the drainage flows for the project and adjacent properties are clear and unimpeded. 15. Provide drainage acceptance letter and have letter notarized and recorded. 16. Provide covenant and agreement for proposed drainage patterns, acceptance of drainage flows and storm drain facilities that binds the condition to the parcel. Have covenant and agreement notarized and recorded. 17. Prepare easements for proposed facilities and improvements on adjacent property. 18. A construction permit from the State of California Department of Regional Water Quality Board may be required for the project. 19. Provide methodology, shoring and engineering for storm drain piping that will be approximately 30 to 35 feet deep at the project site adjacent to the buildings on the west. 20. Provide detention basin calculations. 21. Provide infiltration and permeability calculations for drainage design and study of materials onsite in order to assure that the ground water will not be affected by infiltration on site in the manner proposed. 22. Storm drain waters will not be allowed to drain over slopes. 23. Remove onsite storm drain system and plug potential connections to offsite systems. 24. Remove storm drain inlet just north of RR tracks. Sewer: 25. Developer shall clean and video up to 2500 LF of existing sewers that are to receive sewer flow from the project. 26. A sewer study will be prepared that should include a capacity analysis of the existing system from the project to the treatment facility. Note that LACSD requires a capacity review for a permit. 27. The sewer system connections shall be accomplished while maintaining service to the upstream tributary areas. 28. The sewer connections shall be tied into the City of Azusa sewer system on Irwindale Avenue. If other arrangements are required, coordination must take place between the City of Irwindale, the City of Azusa and the LACSD. Gladstone Street has been recently paved within the City of Irwindale and may be inaccessible for sewer connections. Street: 29. Obtain written or stamped approval from the Los Angeles County Fire Department for access and roadways. 30. Traffic control and ramps to be in place for intersections and crossings during construction. Traffic control shall be maintained during construction to provide adequate vehicular and pedestrian access to facilities in the work area. 31. Remove and reconstruct sidewalks as necessary to remove unnecessary parkway improvements, such as curb drains, driveways, etc. that serve the existing use. 32. Reconstruct/repair all damaged pavement areas of Irwindale Avenue, Gladstone Street and Mira Loma Drive to the satisfaction of the City Engineer. 33. Remove existing rails and rail signal equipment from Irwindale Avenue. Coordinate work with the UPRR. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCC6xhibit—A .doc 34. Emergency access driveways shall conform to the City of Azusa standards. 35. Mira Loma drive shall be fully improved. 36. Dedicate remaining portion of Mira Loma Drive to ultimate width. 37. Construct raised medians on Gladstone Street to provide for left turn pockets, control traffic movements and act as a physical barrier between traffic movements and vehicles to.the satisfaction of the City Engineer. 38. Raised medians will be constructed in a manner to provide left tum access for S. Duggan Street. 39. Reconstruct concrete paving at the intersection of Gladstone Street and Vincent Avenue in accordance with the County of Los Angeles standards for a concrete intersection. 40. Provide a TI and R value for Gladstone Street determined by a Registered Geotechnical Engineer. Core street to confirm existing street has a sufficient structural section to handle the increase everyday loading. Reconstruct street to the satisfaction of the City Engineer. 41. Provide sight distance study for Mira Loma Drive to east side and for S. Duggan Street. 42. Provide on street parking perpendicular to the curb on Mira Loma Drive. No parking on the west side of the street. 43. New ADA ramps for the intersections of Gladstone Street and Vincent Avenue and Gladstone Street and Irwindale Avenue. 44. Provide new sidewalk and curb and gutter on Gladstone Street to the satisfaction of the City Engineer. 45. Minimum radius for curb returns shall be 25 feet. 46. Provide signal modifications and mitigation measures in conformance with the approved traffic study. Update traffic signal equipment to a 170E controller with battery backup, 100 mph poles, countdown pedestrian heads and new LED ISNS at both of the impacted signalized intersections on Gladstone Street. Environmental: 47. Project must comply with NPDES and any requirements of the State Water Quality Control Board. 48. A registered Civil Engineer must submit SUSMP report, S WPPP, and a detailed list of BMPs for approval prior to or with grading plan. 49. Dust control during the construction is required. Submit plan for approval. 50. Work hours are 7:00 a.m. to 5:00 p.m., Monday through Saturday. No work shall be performed on Sundays or Holidays. 51. 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. I. All requirements of the Community Improvement Division shall be met, including but not limited to the following: 1. Maintain the open space along the north side of Gladstone Street. 2. Trim existing palm tree at the main entrance. 3. Refurbish/repaint the Cemex sign and the Land Reclamation sign.' P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A doc J. The applicant shall comply with the Mitigation Measures as listed in the MRF/TS EIR and as follows: I. AES -1 Concurrent with the Demolition Permit Application, a Construction Management Plan shall be submitted for review and approval by the Director of Economic and Community Development. The Construction Management Plan shall, at a minimum, indicate the equipment and vehicle staging areas, stockpiling of materials, fencing (i.e., temporary fencing with opaque material), and haul route. Construction haul routes shall minimize impacts to sensitive uses in the City. The applicant shall implement the construction Management Plan during project construction. 2. TRA -1 Prior to issuance of a Certificate of Occupancy, (estimated to be 1" quarter of 2013), the Applicant shall install, at the intersection of Irwindale Avenue and Gladstone Street, a second (new) southbound left turn lane (at the southbound approach [north leg] of the intersection) and a second (new) westbound right turn lane (for turns from Gladstone Street to northbound Irwindale Avenue), along with acquiring the land dedication required. However, should regulatory approvals not be granted by the City of Irwindale by the date of Certificate of Occupancy, the Applicant shall provide funds in an interest bearing dedicated trust account held jointly with the City of Azusa for the future installation of the identified improvements as well as those identified in TRA -2 and TRA -3 (hereinafter referred to as Intersection Improvements). The estimated cost of constructing the improvements at this intersection $248,000.00, which shall be further verified by the time the Certificate of Occupancy is issued and adjusted if necessary by the mutual agreement of the Cities of Azusa and Irwindale, and which shall be placed in trust for use by the City of Irwindale. If the City of Irwindale decides to allow or move forward with the Intersection Improvements and grants, or enters into an agreement with Waste Management or the City of Azusa to grant, all necessary approvals for construction of the Intersection Improvements prior to issuance of a Certificate of Occupancy, the fees and interest collected by the City of Azusa and held in trust shall be provided to the City of Irwindale. In the event that, five years after the issuance of a Certificate of Occupancy, the City of Irwindale has not opted to implement the Intersection Improvements or has not granted the approvals needed to Waste Management or the City of Azusa for the Intersection Improvements to move forward, the Applicant shall be reimbursed for some or all of the moneys collected for the Intersection Improvements that have not already been spent. 3. TRA -2 Prior to issuance of a Certificate of Occupancy, the Applicant shall install, at the intersection of Vincent Avenue and Gladstone Street, three landfill driveway approach lanes, a second (new) northbound left turn lane (with protected phasing), a second (new) eastbound left turn lane (with protected phasing), and a new westbound protected left -tum phase, with acquiring the land dedication required. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone SUConditions of Approval/draftCCExhibil-A .doc 4. TRA -3 Prior to issuance of a Certificate of Occupancy, (estimated to be the I" quarter of 2013), the Applicant shall install, at the intersection of Irwindale Avenue and Arrow Highway, a second (new) southbound left tum lane. However, should regulatory approvals not be granted by the City of Irwindale by the date of Certificate of Occupancy, the Applicant shall provide funds in an interest bearing dedicated trust account held jointly with the City of Azusa for the future installation of the identified improvements as well as those identified in TRA -1 and TRA -2 (hereinafter referred to as Intersection Improvements). The estimated cost of constructing the improvements at this intersection is $203,000.00, which shall be further verified by the time the Certificate of Occupancy is issued and adjusted if necessary by the mutual agreement of the Cities of Azusa and Irwindale, and which shall be placed in trust for use by the City of Irwindale. If the City of Irwindale decides to allow or move forward with the Intersection Improvements and grants, or enters into an agreement with Waste Management or the City of Azusa to grant, all necessary approvals for construction of the Intersection Improvements prior to issuance of a Certificate of Occupancy, the fees and interest collected by the City of Azusa and held in trust shall be provided to the City of Irwindale. In the event that, five years after the issuance of a Certificate of Occupancy, the City of Irwindale has not opted to implement the Intersection Improvements or has not granted the approvals needed to Waste Management or the City of Azusa for the Intersection Improvements to move forward, the Applicant shall be reimbursed for some or all of the moneys collected for the Intersection Improvements that have not already been spent. 5. TRA -4 Prior to issuance of a Certificate of Occupancy (estimated to be 1 st quarter of 2013), the project Applicant shall install an adaptive timing control system at the Irwindale Avenue/Gladstone Street and Vincent Avenue/Gladstone Street intersections that is compatible with the planned City of Azusa traffic control system and synchronization program and would interface with other neighboring cities. As part of the compatibility requirement, radio communications equipment shall also be installed at the existing signalized intersections of Irwindale Avenue and Gladstone Street (maintained by the City of Irwindale) and Vincent Avenue and Gladstone Street (maintained by the City of Azusa). However, should regulatory approvals not be granted by the City of Irwindale by the date of Certificate of Occupancy, the Applicant shall provide funds in an interest bearing dedicated trust account held jointly with the City of Azusa for the future installation of the adaptive timing control system at the Irwindale Avenue and Gladstone Street intersection. If the City of Irwindale decides to allow or move forward with the adaptive timing control system indicated above and grants, or enters into an agreement with Waste Management or the City of Azusa to grant, all necessary approvals for its installation prior to issuance of a Certificate of Occupancy, the fees and interest collected by the City of Azusa and held in trust shall be provided to the City of Irwindale. In the event that, five years after the issuance of a Certificate of Occupancy, the City of Irwindale has not opted to implement the adaptive timing control system or has not granted the approvals needed to Waste Management or the City of Azusa for the adaptive timing control system to move forward, the Applicant shall be reimbursed for some or all of P/Planning/Entittements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A Am the moneys collected for the adaptive timing control system that have not already been spent. 6. TRA -5 The project Applicant shall coordinate with the California Department of Transportation (Caltrans) prior to issuance of a building permit, to pay its pro -rated fair share for traffic improvement projects to the I-210 eastbound on/off ramps from Irwindale Avenue during the P.M. peak period, and to traffic along 1-210. The pro -rated fair share fees shall be based on final project approval, consultation with Caltrans, and consistent with the Methodology for Calculating Equitable Mitigation Measures (Appendix B) of Caltrans' Guide for the Preparation of Traffic Impact Studies (2002). Timing: After issuance of the Conditional Use Permit and at the time that specific highway capital improvement projects for this segment of 1-210 or eastbound ramps at Irwindale/]- 210 are identified by Caltrans, or Caltrans implements a specific fair -share mechanism for the capital improvements to the I-210 eastbound/Irwindale Avenue ramps or mainline segment, whichever occurs first. 7. AQ -1 The following measures shall be implemented during construction to substantially reduce NOX related emissions. They shall be included in the Grading Plan, Building Plans, and specifications. Reductions in particulate emissions shall also be realized from the implementation of these measures as well as AQ -2 and AQ -3. • Off-road diesel equipment operators shall be required to shut down their engines rather than idle for more than five minutes, and shall ensure that all off-road equipment is compliant with the CARB in -use off-road diesel vehicle regulation and SCAQMD Rule 2449. • The following note shall be included on all grading plans: "During construction activity, the contractor shall utilize California Air Resources Board (CARS) Tier 11 certified equipment or better for all on-site construction equipment to meet EPA Tier 2 or higher emissions standards according to the following: - Thru December 31, 2011: All off-road diesel -powered construction equipment greater than 50 hp shall meet Tier 2 off-road emissions standards. In addition, all .construction equipment shall be outfitted with the BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 2 or Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. - January 1, 2012 to December 31, 2014: All off-road diesel powered construction equipment greater than 50 hp shall meet Tier 3 off-road emissions standards. In addition, all construction equipment shall be outfitted with the BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. - Post -January 1, 2015: If applicable, all off-road diesel -powered construction equipment greater than 50 hp shall meet the Tier 4 emission standards where available and commercially feasible. P/Planning/Entitlements2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doc - A copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided to the City at the time of mobilization of each applicable unit of equipment. • The contractor and applicant, if the applicant's equipment is used, shall maintain construction equipment engines by keeping them tuned and regularly serviced to minimize exhaust emissions. • Use low sulfur fuel for stationary construction equipment. This is required by SCAQMD Rules 431.1 and 431.2. • Utilize existing power sources (i.e., power poles) when available. This measure would minimize the use of higher polluting gas or diesel generators. • Configure construction parking to minimize traffic interference. • Minimize obstruction of through -traffic lanes and provide temporary traffic controls such as a flag person during all phases of construction when needed to maintain smooth traffic flow. Construction shall be planned so that lane closures on existing streets are kept to a minimum. • Schedule construction operations affecting traffic for off-peak hours to the best extent when possible. 8. AQ -2 Prior to issuance of any Grading Permit, the City Engineer and the Chief Building Official shall confirm that the Grading Plan, Building Plans and specifications stipulate that, in compliance with South Coast Air Quality Management District Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the South Coast Air Quality Management District's Rules and Regulations. In addition, South Coast Air Quality Management District Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site, The following measures shall be implemented to reduce short-term fugitive dust impacts on nearby sensitive receptors: • All active portions of the construction site shall be watered to prevent excessive amounts of dust; • On-site vehicle speed shall be limited to 15 miles per hour; • All on-site roads shall be paved as soon as feasible or watered periodically or chemically stabilized; • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust; watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day; • Visible dust beyond the property line which emanates from the project shall be prevented; • All material transported off-site shall be sufficiently watered and securely covered to prevent excessive amounts of dust prior to departing the job site; and • All delivery truck tires shall be watered down and scraped down prior to departing the job site. 9. AQ -3 Prior to the issuance of a building permit, the project applicant shall prepare an implementation program for the City's approval requiring the use of alternative fuel vehicles under the following schedule, and consistent with Rule 1193: P/Planning(Entitlements2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/dran=xhibit—A .doc a. Waste Management shall convert into alternative fuel vehicles solid waste collection trucks, and transfer trucks that utilize the Facility and are owned by Waste Management, its subsidiaries, or affiliated enterprises, according to the following phase-in schedule: i. By December 31, 2014, at least 70 percent of all aforementioned vehicles shall be alternative fuel vehicles. ii. By December 31, 2015, at least 85 percent of all aforementioned vehicles shall be alternative fuel vehicles. iii. By December 31, 2016, at least 100 percent of all aforementioned vehicles shall be alternative fuel vehicles. b. For the purpose of complying with this mitigation measure, alternative fuel vehicles shall utilize alternative fuels that are consistent with recommendations or regulations of CARB and SCAQMD, Rule 1193. c, Off-road equipment for on-site operations shall use model 2011 or later diesel equipment that are fully compliant with tier 4 emission standards. The applicant shall implement the implementation plan and submit proof of compliance for each of the milestones listed above by the designated date. 10. AQ -4 Prior to the issuance of a building permit, the project applicant shall prepare an Odor Management Plan (OMP) pursuant to the requirements of SCAQMD Rule 410. The City Engineer shall verify that the OMP has been approved by the SCAQMD or the Local Enforcement Agency (LEA) or CalRecycle and verify its implementation prior to issuance of certificate of occupancy and during operations. Any odor complaints received shall be sent to the City of Azusa City Engineer. 11. N-1 Prior to Grading Permit issuance, the project shall demonstrate, to the satisfaction of the City of Azusa Community Development Department that the project complies with the following: • Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State required noise attenuation devices. Prior to issuance of each Grading or Building Permit, the Applicant shall demonstrate to the satisfaction of the City's Building Official how construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. 12. N-2 Prior to issuance of building permits an acoustical study shall be prepared and submitted to the City that demonstrates that the MRF/TS offices (e.g. upgraded windows and insulation, etc.) will ensure they will not experience interior noise levels greaterthan 45 CNEL due to traffic on Gladstone Street. The study shall be prepared by a qualified acoustical engineer and quantify the noise level impacting the building face, the noise reduction provided by the building design, and any upgrades that are required to meet the P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A Am standard. Any required upgrades shall be incorporated into the architectural drawings for the project. 13. PSU-I The Applicant shall incorporate safety and security conditions specified by the Azusa Police Department regarding issues including, but not limited to, perimeter walls, parking requirements, fire lanes, traffic specifications, surveillance cameras, lighting systems, and pedestrian crossings. The incorporation of specified conditions in building plans and specifications shall be verified by the Azusa Police Department prior to issuance of a building permit. 14. CUL -1 In the event that cultural resources are exposed during ground -disturbing activities, construction activities (e.g., grading, grubbing, or vegetation clearing) shall be halted in the immediate vicinity of the discovery. An archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards (Secretary of the Interior 1983) shall be retained to evaluate the find's significance under CEQA. If the discovery proves to be significant, additional work to preserve the find, such as data recovery excavation, shall be recommended by the archaeologist, in consultation with the Director of Economic and Community Development, and implemented by the Applicant. 15. CUL -2 In the event that any prehistoric, historic, or paleontological resources are discovered during construction -related earth -moving activities, all work within 50 feet of the resources shall be halted and the developer shall consult with a qualified archaeologist or paleontologist to assess the significance of the find. If any finds are determined to be significant by the qualified archaeologist, then representatives from the City of Azusa and the qualified archaeologist and/or paleontologist shall meet to determine the appropriate course of action by the Applicant necessary to recover and preserve the find. 16. CUL -3 If construction activities result in the discovery of human remains during ground disturbances, State of California Health and Safety Code Section 7050.5 shall be implemented. This code section states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to PRC Section 5097.98. The County Coroner shall be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner shall notify the Native American Heritage Commission, which shall determine and notify a Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Such human remains and associated items will be treated as recommended by the MLD. 17. HAZ-1 Prior to demolition and/or rehabilitation activities, an asbestos survey shall be conducted by an Asbestos Hazard Emergency Response Act (AHERA) and Cal OSHA certified building inspector to determine the presence or absence of asbestos containing -materials (ACMs). If ACMs are located, abatement of asbestos shall be completed prior to any activities that would disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the South Coast Air Quality Management District (SCAQMD) Rule 1403. P/Planning/Entitlements/2-Zone Change/2009.0I 1500 Gladstone'St./Conditions of Approval/draftCCExhibit—A Am 18. HAZ-2 If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste shall be evaluated independently from the building material by a qualified Environmental Professional. If lead-based paint is found, abatement shall be completed by a qualified Lead Specialist prior to any activities that would create lead dust or fume hazard. Lead-based paint removal and disposal shall be performed in accordance with California Code of Regulation Title 8, Section 1532. 1, which specifies exposure limits, exposure monitoring and respiratory protection, and mandates good worker practices by workers exposed to lead. Contractors performing lead-based paint removal shall provide evidence of abatement activities to the City Project Engineer. 19. HAZ-3 Prior to issuance of a grading permit, the Applicant shall determine whether or not underground storage tanks (USTs) are present within the western portion of the project site. Should USTs be present on-site, the Applicant shall obtain appropriate permits from the County of Los Angeles Department of Public Works and County of Los Angeles Health Hazardous Materials Division, per the Environmental Programs Division and the Underground Storage Tank and remove the UST's. UST closure by removal shall comply with the closure conditions as directed on the closure Permit as well as meet the requirements of California Health and Safety Code Division 20, chapter 6.7, section 25298, California code of Regulations title 23, division 3, Chapter 16, Sections 2670 through 2672 and the Los Angeles County Code. The Applicant shall conduct soil/groundwater testing, as requested by the Health Hazardous Materials Division. Should the Health Hazardous Materials Division refer the case to any other regulatory agency (e.g. the Department of Toxic Substances Control or Regional Water Quality Control Board, etc.) then the Applicant shall comply with that said agency as well. 20. HAZ-4 If groundwater is encountered during construction, sampling shall be conducted by a qualified hazardous materials specialist with Phase II/Site Characterization experience in order to ensure that worker safety is not compromised. In the event that groundwater contamination is above acceptable regulatory thresholds, than the Applicant shall prepare and implement a Worker Safety Plan, approved by the County of Los Angeles Health Hazardous Materials Division, that outlines safety precautions (e.g., utilization of protection equipment, specific training prior to commencing work, verification of safety requirements during construction, etc.) that minimize potential exposure to workers. 21. HAZ-5 If unknown wastes or suspect materials are discovered during construction by the contractor that are believed to involve hazardous waste or materials, the contractor shall comply with the following: Immediately cease work in the vicinity of the suspected contaminant, and remove workers and the public from the area; • Notify the City Engineer of the City of Azusa; • Secure the area as directed by the City Engineer; and • Notify the County of Los Angeles Health Hazardous Materials Division's Hazardous Waste /Materials Coordinator (or other appropriate agency specified by the County of Los Angeles Health Hazardous Materials Division). The Hazardous P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A Am Waste/Materials Coordinator shall advise the responsible party of further actions that shall be taken, if required, and the applicant will implement all further actions so specified.. 22. HAZ-6 Prior to issuance of a grading permit, the Applicant shall demonstrate compliance with land use regulations specified by CalRecycle in Title 27, Division 2, Chapter 3, Subchapter 5, Article 2, Section 21190, California Integrated Waste Management Board — Postclosure Land Use standards as follows: • All on-site construction within 1,000 feet of the boundary of any disposal area shall be designed and constructed in accordance with the following, or in accordance with an equivalent design which will prevent gas migration into the building, unless an exemption has been issued: - A geomembrane or equivalent system with low permeability to landfill gas shall be installed between the concrete floor slab of the building and subgrade; - A permeable layer of open graded material of clean aggregate with a minimum thickness of 12 inches shall be installed between the geomembrane and the subgrade or slab; - A geotextile filter shall be utilized to prevent the introduction of fines into the permeable layer; - Perforated venting pipes shall be installed within the permeable layer, and shall be designed to operate without clogging; - The venting pipe shall be constructed with the ability to be connected to an induced draft exhaust system; - Automatic methane gas sensors shall be installed within the permeable gas layer, and inside the building to trigger an audible alarm when methane gas concentrations are detected; and - Periodic methane gas monitoring shall be conducted inside all buildings and underground utilities. 23. HWQ-1 Prior to Grading Permit issuance and as part of the project's compliance with the NPDES requirements, a Notice of Intent (NOI) shall be prepared and submitted to the Los Angeles County Regional Water Quality Board (wm), providing notification and intent to comply with the State of California General Permit, 24. HWQ-2 The proposed project shall conform to, and implement, the requirements of an approved Storm Water Pollution Prevention Plan (SWPPP) (to be applied for during the Grading Plan process) and the NPDES Permit for General Construction Activities No. CAS000002, Order No, 2009-0009-DWQ, including implementation of all recommended Best Management Practices (BMPs), as approved by the State Water Resources Quality Control Board (SWRCB). 25. HWQ-3 The potential Best Management Practices (BMPs) outlined in Section 5.0 of the Hydrology and Water Quality Technical Studyfor the Waste Management Material Recovery Facility, Transfer Station, and Household Hazardous Waste Facility prepared by RBF Consulting (October 2010), shall be considered for inclusion in the project's Storm Water Pollution Prevention Plan (SWPPP) to the extent necessary to comply with the NPDES Permit for General Construction Activities No. CAS000002, Order No. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doe 2009-0009-DWQ. All BMP's included in the SWPPP shall be implemented by the applicant. 26. WQ-4 In order to ensure the proposed project would not impact existing drainage facilities (i.e., Arrowdale Drain) serving the project site, the Applicant shall prepare a detailed design report that demonstrate the following prior to the issuance of grading permits, to be reviewed and approved by the Los Angeles County Public Works Department and the City Engineer: • Post -development peak storm water run-off discharge rates shall be mitigated to the existing conditions capacity (current design capacity, as analyzed in the 2007 Irwindale Master Hydrology Study) of the downstream Arrowdale Drain utilizing an on-site detention /retention basin(s); • All storm drain facilities, excluding detention basins, shall be designed for 25 -year storm event protection; and Detention facilities shall be designed for 50 -year storm event protection. The approved drainage facility design report shall be implemented by the applicant. 27. HWQ-5 The project Applicant shall prepare and implement a site-specific Standard Urban Stormwater Mitigation Plan (SUSMP) for the proposed project. Requirements for commercial/institutional developments (including the proposed project) include the following to be implemented by the Applicant and enforced by the City of Azusa Public Works Department: • Post -development peak storm discharge rates shall not exceed the estimated pre - development rate for developments where increased peak storm water discharge rates will result in increased potential for downstream erosion. • Conserve natural areas by using cluster development, limiting clearing and grading of native vegetation, maximize trees and other vegetation, promote natural vegetation, and preserve riparian area and wetlands. Minimize storm water pollutants of concern by incorporating Best Management Practices (BMPs) or combinations of BMPs best suited to maximize the reduction of pollutant loadings in run-off to the maximum extent practicable. Protect slopes and channels to decrease the potential of slopes and channels from eroding and impacting storm water run-off. • Provide storm water drain system stenciling and signage. Properly design outdoor material storage. • Properly design trash storage areas. • Proper proof of ongoing BMP maintenance. Comply with SUSMP standards for design of structural or treatment control BMP's. - Bioretention Basins - Infiltration Trench/Basin - Irrigation Retention - Extended Detention Basins - Vegetated Swales/Strips - Media filters - Or other approved treatment control BMP's P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit—A .doc • Properly design loading/unloading dock areas. Properly design repair/maintenance bays. • Properly design vehicle/equipment wash areas. Design parking areas to reduce impervious land coverage, infiltrate run-off, and treat run-off before it enters the storm drain system. 28. GEO-1 The project shall incorporate and implement all engineering recommendations contained within the Geotechnical Investigation for the Proposed Material Recovery Facility, Transfer Station, and Entrance Improvements, prepared by Geocon West, Inc., dated May 17, 2010, during project site design, construction, and operations to reduce any potential geotechnical hazards at the project site. These recommendations shall be stipulated in the construction contracts and specifications. The Geotechnical Investigation is included in Appendix 15.11, Geotechnical Investi ation, of this EIR and is incorporated by reference into this mitigation measure. P/Planning/Entitlements/2-Zone Change/2009-01 1500 Gladstone St./Conditions of Approval/draftCCExhibit-A .doe