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HomeMy WebLinkAboutF-1 The Olson Company - 30 Townhomes 2nd ReadingORDINANCES F-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE CITY OF AZUSA REDEVELOPMENT AGENCY VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: KURT CHRISTIANSEN, FAICP, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT DATE: JANUARY 3, 2017 SUBJECT: SECOND READING OF ORDINANCE NO. 2016-O10 APPROVING DEVELOPMENT AGREEMENT (DA-2016-01) FOR THE CONSTRUCTION OF THIRTY (30), THREE (3) STORY HIGH TOWNHOMES ON PROPERTY ZONED GOLD LINE DISTRICT WITHIN THE AZUSA TOD SPECIFIC PLAN, LOCATED AT 803-809 N. DALTON AVENUE (APNs 8608-027-905, 906, 907, & 908) APPLICANT: THE OLSON COMPANY ___________________________________________________________________________ SUMMARY: At the December 5, 2016, City Council meeting, a public hearing was conducted and Ordinance No. 2016-O10 was introduced for first reading, approving Development Agreement (DA-2016- 01) for the construction of thirty (30), three (3) story high townhomes on property zoned Gold Line District within the Azusa TOD Specific Plan, located at 803-809 N. Dalton Avenue. This action conducts a second reading of the Ordinance, by title only, and adopts Ordinance No. 2016- O10. RECOMMENDATION: Staff recommends that the City Council approve the following action: APPROVED COUNCIL MEETING 1/3/2017 Second Reading Olson Company January 3, 2017 Page 2 of 2 1) Conduct a second reading, by title only, and adopt Ordinance No. 2016-O10, approving Development Agreement DA-2016-01. DISCUSSION: Attached to this report is the proposed Ordinance No. 2016-O10 which was introduced at the December 5, 2016 City Council meeting. If no further revisions to the Ordinance are desired, the City Council can move for adoption of the Ordinance. FISCAL IMPACT: The Development Agreement (DA-2016-01) will not have a fiscal impact to the City. Since the property is owned by the Successor Agency, the revenue generated by the Purchase Sale and Agreement will be distributed among the various taxing agencies based on Los Angeles County Property Tax Formula. Prepared by: Reviewed and Approved: Kurt Christiansen, FAICP Louie F. Lacasella Economic & Community Development Director Management Analyst Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager Attachments: 1) Aerial Map 2) Ordinance No. 2016-O10 for DA-2016-01 3) Development Agreement No. DA-2016-01 9th St. Dalton Ave.Busway(Formerly Alameda Ave.)´ 1 inch = 100 feet Path: C:\ArcGIS_Misc Projects 5\Manny\9th and Alameda Exhibit.mxd Date: Thursday, November 03, 2016 J.Prado Attachment  Legend 8608-027-905 8608-027-906 8608-027-907 8608-027-908 Alley Vacation A z u s a G I S A z u s a G I S ORDINANCE NO. 2016-O10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A DEVELOPMENT AGREEMENT NO. DA-2016-01 WITH THE OLSON COMPANY REGARDING THE DEVELOPMENT OF THIRTY (30) TOWNHOMES LOCATED IN THE GOLD LINE DISTRICT OF THE AZUSA TOD SPECIFIC PLAN AT 803, 805 AND 809 N. DALTON AVENUE (APNS 8608-027-905, 906, 907 AND 908) WHEREAS, on July 7, 2016, The Olson Company filed with the City of Azusa (“City”) an application for Development Agreement (DA-2016-01) regarding the development of thirty (30) townhomes in the Gold Line District of the Azusa TOD Specific Plan at 803, 805, and 809 N. Dalton Avenue; and WHEREAS, the Planning Commission of the City of Azusa, recommended approval of Development Agreement No. DA-2016-01 to City Council of City of Azusa during the dully noticed Planning Commission meeting on October 12, 2016; and WHEREAS, the City Council of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of Development Agreement No. DA-2016-01 for The Olson Company to develop thirty (30) townhomes located in the Gold Line District of the Azusa TOD Specific Plan; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing, now wishes to approve the development agreement with The Olson Company. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The project described herein is consistent with the Class 32 Categorical Exemption in that: (a). The project is located within the Azusa TOD Specific Plan. Specifically, the site is within the Gold Line District of the Specific Plan. The proposed townhomes are a permitted use in the Gold Line District. The Azusa General Plan land use designation for the site is Commercial/Residential Mixed Use and allows up to a maximum of 27 DU/AC. The 1.44 net-acre site would allow the development of up to 38 residential units. The zoning for the site is Gold Line District. The proposed residential use is consistent with the uses allowed by the existing zoning. The project proposes 30 residential units, 8 units less than allowed by the General Plan. The project is consistent with the land use allowed for the site by the Azusa General Plan and the existing zoning. (b). The project site is located within the Azusa city limits and is less than five acres (1.44 net- acres). The site is surrounded by urban uses, including single-family detached and multi-family residential to the north, the Gold Line Downtown rail station and a City parking structure to the west, multi-family residential to the east, and the Los Angeles County Metropolitan Transportation Authority (METRO) Gold Line rail lines and a freight line to the south. Dalton Avenue is adjacent Ordinance No. 2016-O10 for DA-2016-01 – 30 Townhomes – The Olson Company November 7, 2016 Page 2 of 6 to and east of the site and the City parking structure and busway is adjacent to and west of the site. (c). There is very little existing on-site vegetation. The existing vegetation includes non-native grasses on the small vacant parcel in the northeast area of the site. There is one tree on-site in the western portion of the site adjacent to the busway. There is an oak tree on the Metro Line property adjacent to the southern project boundary. The existing tree in the western portion of the site will be removed to allow development of the site. The existing vegetation does not provide any value as habitat for endangered, rare or threatened animal species. (d). The project will not have any significant effects relating to traffic, noise, or air quality. The project is estimated to generate approximately 174 daily trips with 13 AM peak hour trips and 16 PM peak hour trips. The project will generate less than 500 daily vehicle trips, which is the daily threshold by the Los Angeles County Department of Public Works Traffic Impact Analysis Report Guidelines for requiring preparation of a traffic impact. The project will generate less than half the 24-hour weekday traffic that is required for the preparation of a traffic impact study. The project also generates less than 50 peak hour trips, which is a threshold for conducting an intersection analysis. Based on the 38 residential units that are allowed for development on the site by the General Plan, the project will generate less traffic than estimated for the site by the TOD Specific Plan EIR. The project traffic will not impact any area intersections or roadways that will serve the site. Site access will be provided by an approximate 26-foot wide two-way driveway at Dalton Avenue. The driveway design is adequate to provide suitable ingress/egress at Dalton Avenue. All on-site drive aisles are approximately 24-feet in width and adequate to provide internal circulation throughout the site, including access for emergency vehicles, including police and fire department emergency equipment. Because the proposed residential use is consistent with the General Plan and zoning and the project proposes 8 units less than allowed, the project will not have any significant noise impacts compared to the noise identified for the site by the TOD Specific Plan EIR. As a result, the project will not generate noise that will exceed City adopted noise level standards or significantly impact any adjacent residents. The air emissions that will be generated by the project will be less than the emissions estimated to be generated with the development of 38 units as allowed by the General Plan. Because the project proposes 8 fewer units than allowed, the short- and long-term project air emissions will not exceed any air emission thresholds established by SCAQMD. Therefore, the project will not have any significant air quality impacts. Surface water from the site will be carried by interior street curbs and gutters to strategically placed catch basins. Low water flows will be discharged to two proposed on-site infiltration systems located at the common social space area and the open space area at the southwest corner of the site to filter low surface water flows and on-site infiltration. Larger storm water flows will be collected and discharged at the southwest corner of the site to an off-site underground storm drain system. The existing off-site storm drain system that currently serves the site has capacity to serve the project without any local or regional on- or off-site flooding. (e). The project can be served by all required utilities including power, natural gas, sewer, water and storm drains that either exists on-site or within Dalton Avenue and the adjacent City property to the west of the site. Public services, including police and fire protection and trash collection can serve the project, as conditioned, without significant impacts to those public services. Ordinance No. 2016-O10 for DA-2016-01 – 30 Townhomes – The Olson Company November 7, 2016 Page 3 of 6 CEQA Guidelines Section 15300.2 Exceptions, list six exceptions for the use of a categorical exemption. As discussed below, none of the exceptions of CEQA Guidelines Section 15300.2 are applicable to the proposed project. (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The project is located in an urban area that is surrounded by existing residential and commercial development. Because the project is in a highly urbanized area it is considered an infill project. The infill exemption analysis already concludes that the project site and the immediate area do not have any sensitive habitat or hazardous conditions and there is no other evidence that indicates that due to its location there is any sensitive habitat or hazardous conditions either on or adjacent to the site that would be impacted by or impact the project. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The City’s list of current projects was reviewed to determine if there are any projects that along with the proposed project would have significant cumulative impacts. There are no projects in Azusa that, along with the project, would have cumulative impacts. The infill exemption analysis above considers all cumulative projects in the immediate vicinity of the site and concludes that there would not be any significant cumulative impacts, including traffic, noise, air quality, greenhouse gas, public services and utilities (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The infill exemption analysis concludes that the project would not have any significant aesthetic, biology, hydrology, soils/geotechnical, land use, traffic, air quality, noise, water quality, utilities and public services impacts due to unusual circumstances. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. None of the roads either adjacent to or in close proximity to the site, including Dalton Avenue, Alameda Avenue and 9th Street, are designated a State of California scenic highway.1 The project would not impact a scenic highway. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The 1 http://www.dot.ca.gov/hq/LandArch/scenic/schwy.htm Ordinance No. 2016-O10 for DA-2016-01 – 30 Townhomes – The Olson Company November 7, 2016 Page 4 of 6 infill exemption analysis concludes the project site is not a listed hazardous waste site pursuant to Section 65962.5 of the Government Code. (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project site is mostly vacant, with the exception of a vacant industrial building and two existing vacant Quonset huts. Based on a records search and other available information, the Quonset huts do not meet any listing criteria for historical significance. Therefore, the Quonset huts are not considered a historical resource and their removal would not have any historical resource impacts. Based on the above analysis, the project meets and complies with the conditions in CEQA Guidelines Section 15332 and will not have any significant environmental impacts. SECTION 2: In accordance with the General Plan, the City Council hereby finds the development in conformance with the following General Plan Policies: Chapter 3 of the Azusa General Plan, titled “The Built Environment”, sets goals and policies for the City’s Districts zones. Policy 4.3, encourages “Development of housing in both mixed-use settings and “stand alone” structures provide each unit with ground floor individual entry, and the architecture and site design convey the sense of individual units. The proposed development will support this policy by utilizing entrances and courtyards facing Dalton Avenue. Land Use Policy 4.2: Encourage the revitalization of [City] districts including the Downtown District which is the heart of the City to be anchored by the Gold Line light rail transit station and transit oriented development. Land Use Policy 4.5: Within the Downtown District . . ., provide for the development of a Gold Line transit station (to be served by rail, bus, and private vehicles), supporting transit-oriented development. Mobility Policy 8.5: Encourage locating and designing new developments to encourage access by non-auto modes. SECTION 4: That in accordance with Section 88.53.030 of the Azusa Development Code, the City Council finds that the proposed Development Agreement complies with the Azusa Development Code based on the following findings: A. The approval of a development agreement shall require that the review authority first find that the agreement and approved development are consistent with the general plan. In accordance with the General Plan, the development is in conformance with the following General Plan Policies: Ordinance No. 2016-O10 for DA-2016-01 – 30 Townhomes – The Olson Company November 7, 2016 Page 5 of 6 Chapter 3 of the Azusa General Plan, titled “The Built Environment”, sets goals and policies for the City’s Districts zones. Policy 4.3, encourages “Development of housing in both mixed-use settings and “stand alone” structures provide each unit with ground floor individual entry, and the architecture and site design convey the sense of individual units. The proposed development will support this policy by utilizing entrances and courtyards facing Dalton Avenue. Land Use Policy 4.2: Encourage the revitalization of [City] districts including the Downtown District which is the heart of the City to be anchored by the Gold Line light rail transit station and transit oriented development. Land Use Policy 4.5: Within the Downtown District . . ., provide for the development of a Gold Line transit station (to be served by rail, bus, and private vehicles), supporting transit-oriented development. Mobility Policy 8.5: Encourage locating and designing new developments to encourage access by non-auto modes. The project is consistent with the Azusa TOD Specific Plan. The subject site does not have any previously approved planning permits. There is a development agreement associated with this project. The development agreement serves as a mechanism to streamline the development of the project. SECTION 5: Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the aforementioned findings, the City Council does hereby approve Development Agreement No. DA-2016-01 for The Olson Company to develop thirty (30) townhomes located in the Gold Line District of the Azusa TOD Specific Plan; and, subject to the conditions of approval associated with DR-2016-08, MUP-2016-09, V-2016-06 and V-2016-07 and incorporated herein by reference, as though set out in full and at length. SECTION 6: A summary of this Ordinance shall be published in the manner required by law. PASSED, APPROVED and ADOPTED this 7th day of November, 2016. ____________________________________ Joseph Romero Rocha Mayor Ordinance No. 2016-O10 for DA-2016-01 – 30 Townhomes – The Olson Company November 7, 2016 Page 6 of 6 ATTEST: ____________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Ordinance NO. 2016-O?, was duly introduced and placed upon first reading at a regular meeting of the Azusa City Council on the 7th day of November, 2016 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Azusa City Council on the ____ by the following vote wit: AYES: NOES: ABSENT: ____________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ____________________________________ Marco A. Martinez Best Best & Krieger LLP City Attorney 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 1 Recorded At The Request EXEMPT FROM RECORDING And When Recorded FEES UNDER CALIFORNIA Return To: GOVERNMENT CODE § 27383 Jeffrey Cornejo City Clerk City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702-2550 DEVELOPMENT AGREEMENT NO. 2016-01 CONCERNING CERTAIN PARCELS OF REAL PROPERTY LOCATED AT 803, 805 AND 809 N. DALTON AVENUE (APNS 8608-027-905, 906, AND 908) AND 810 NORTH ALAMEDA AVENUE, (APN 8608-027-907), AZUSA, CALIFORNIA THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of the “Effective Date” set forth herein by and between OLSON URBAN HOUSING, LLC, a Delaware limited liability company (“Developer”) and the CITY OF AZUSA, a municipal corporation organized and existing under the laws of the State of California (“City”) (individually a “Party” and collectively the “Parties” sometimes herein). W I T N E S S E T H: A. Recitals. (i). Article 2.5 of Chapter 4 of Division 1, Title 7 of the California Government Code, commencing at § 65864, authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. (ii). The Successor Agency to the Redevelopment Agency of the City of Azusa (“Agency”) is the owner of those certain parcels of real property, containing 59,600 square feet of land, more or less, located at 803, 805 and 809 N. Dalton Avenue (APNs 8608-027-905, 906, and 908) and 810 North Alameda Avenue, Azusa (APN 8608-027- 907) each as more specifically described in Exhibit “A” (“Property”). Developer has entered into that certain Purchase and Sale Agreement (Olson Company/A-3 Property) (“PSA”), as the same may have been previously or is hereafter amended, with the Agency to acquire the Property. As a material part of said PSA, Agency requires Developer to obtain all final approvals required for development of the Property as contemplated herein as a condition to the close of escrow and transfer of the Property. (iii). The Property is now zoned for residential/mixed-use development per City’s Downtown Transit Village Gold Line District Specific Plan (TOD Specific Plan) pursuant to the provisions of City’s Municipal Code and Zoning Map, as amended to date hereof. Developer and City desire to provide, through this Development Agreement, 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 2 more specific development controls on the Property which will provide for maximum efficient utilization of the Property in accordance with sound planning principles. (iv). On the XX day of XXXXXX, 2016, City adopted its Ordinance No. 2016- 0XX, thereby approving this Development Agreement with Developer and said Ordinance was effective on XX XXXXXX, 2016. B. Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: (a). “City” is the City of Azusa. (b). “Default” Shall mean the failure of a party to perform any material action or covenant required by and within the time periods provided herein following notice and expiration of the opportunity to cure without such cure being completed, as set forth in § 19 of this Agreement. (c). “Development Fees” shall mean those fees, charges, and exactions imposed by the City upon the development of the Project on the Property, including, but not limited to, application fees, processing fees, development fees, impact fees, mitigation fees, park fees, storm drain fees, sewer fees, and other related or like charges or fees. Subject to the provisions of § 11.(b)., all Development Fees applicable to the Project are identified in Exhibit “F” attached hereto and incorporated herein. (d). “Developer” is the OLSON URBAN HOUSING, LLC, a Delaware limited liability company. (e). “Development Plan” shall mean those plans and specifications attached hereto, marked as Exhibit “B” and incorporated herein by this reference, and comprised of the following documents including, but not limited to, a final site plan (including design elevations), subdivision map and site utilization map, stamped “Received, XXXXX XX, 2016, Community Development Department, City of Azusa.” The Development Plan attached hereto includes various conditions of approval set forth in Exhibit “C” hereto which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. The Project also includes the records of applications by Developer, and the proceedings before the Planning Commission and City Council, and all such records and files in these matters are incorporated herein by this reference as though set forth in full. (f). “Effective Date” shall mean the 31st calendar day following adoption of the ordinance approving this Agreement by City’s City Council. 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 3 (g). “Existing Development Regulations” means the ordinances, rules, regulations and official policies of the City that are in effect as of the Effective Date of the Agreement which regulate the use of real property, including, but not limited to, its development, its subdivision, and the design, density, use, occupancy, improvement and construction of structures thereon, and which establish Development Fees, dedications, or exactions that may be imposed as a condition of obtaining any City approval necessary for a use of real property. Existing Development Regulations, include, but are not limited to, each element of the City’s General Plan, every portion of the City’s Municipal Code regulating use(s) of real property (including all zoning codes, development codes, subdivisions codes, and CEQA implementation codes), and the provisions of any Specific Plan or Variances applicable to the Property, except as specifically modified herein. Subject to the provisions of § 11.(b)., below, existing Development Regulations shall mean and include only those Developer Fees in effect as of the Effective Date of this Agreement and shown on Exhibit “F” attached hereto. (h). “Project” is that development approved for the Property as provided in this Development Agreement containing 30 three-story townhome residential units, comprised of four 2 bedroom units with approximately 1,330 square feet, four 2 bedroom units with approximately 1,336 square feet and twenty-two 3-bedroom units with approximately 1,834 square feet, garage facilities, code required parking and related uses, including an 8-foot perimeter wall along the west and south project boundaries, all as reflected in the Development Plan attached hereto as Exhibit “B” and the conditions set forth in Exhibit “C.” (i). “Project Approvals” shall mean any necessary land use, development, and building approvals and entitlements required for the development and construction of the Project, including, but not limited to, General Plan amendments, zone changes, zone variances, conditional use permits, site plan review, Variances, grading permits, building permits, actions under the Subdivision Map Act, encroachment permits, business licenses and other development approvals that will accomplish the goals, objectives, policies and plans referenced, described, implied and shown in this Agreement. (j). “Project Plans” shall mean all plans for grading, drainage, traffic, parking, construction and/or building, landscaping and other plans related to the Project and all designs, diagrams, drawings, specifications and other representations of or documents associated with such Project Plans. (k). “Public Benefits” shall mean those contributions by Developer designed to defray the impact of the Project and/or provide Developer’s fair share contributions to projects or improvements necessary to minimize the impact(s) of the Project on the City which are set forth in Exhibit “G” hereto. Developer agrees to provide said Public Benefits in accordance with the timelines for each such contribution as set forth in said Exhibit “G.” (l). “Public Improvements” shall mean those public improvements, including but not limited to streets, street lights, traffic signals, curbs, gutters, sidewalks, parkway 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 4 landscaping, irrigation systems, storm drains, sewers, and other public facilities related to the Project and required to be constructed and installed in the existing public rights-of- way and/or on areas of the Property to be dedicated to the City by the Developer as part of the development of the Project. The Public Improvements are more fully listed and described in Exhibit “D,” which is attached hereto and incorporated herein by reference. (m) "Variances" shall mean and refer to all variances, minor use permits, or other like approvals modfiying or qualifying any otherwise applicable general development standards or requirements, including, the variance for building massing and rooflines and the minor use permit for perimeter wall height which have been approved for the Project prior to the Effecitive Date of this Agreement. 2. Recitals. The recitals are part of the Agreement between the Parties and shall be enforced and enforceable as any other provision of this Agreement. 3. Interest of Property Owner. Developer warrants and represents that it has right to acquire the Property, pursuant to the PSA, that it has full legal right to enter into this Agreement and that the persons executing this Agreement on behalf of Developer have been duly authorized to do so. 4. Binding Effect of Agreement. Subject to Developer’s acquisition of legal title to the Property, Developer hereby subjects the Project and the land described in Exhibit “A” hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Developer’s successors and assigns in title or interest to the Project. Following Developer’s acquisition of the Property, each and every contract, deed or other instrument thereafter executed, covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the Developer’s legal interest in the Project is rendered less valuable thereby. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Development by Developer and the future occupants of the Project, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations and restrictions benefit all other real property located in the City of Azusa. 5. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 5 agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. 6. Term of Agreement. The term of the Agreement shall commence on the Effective Date and shall expire on December 31, 2041, so long as Developer remains in material compliance with this Agreement, as from time to time amended. 7. Construction. Developer shall use commercially reasonable efforts, in accordance with its own business judgment taking into account market conditions and economic considerations, to complete construction work for the Project on the Property, and all phases thereof, including, but not limited to, landscaping and all off-site improvements, pursuant to a building permit or permits issued by City within three (3) years following the Effective Date, subject to extension for force majeure events. 8. Public Improvements. The following provisions shall apply with regard to any Public Improvements required for the Project: (a). Construction of Improvements. Developer hereby agrees to design, construct, and install, in accordance with the requirements of the City, the Public Improvements (as set forth in Exhibit “D”). Except as otherwise expressly provided in the PSA, such design, construction and installation shall be without cost or expense to the City or any related party. (b). Improvement Security. Developer shall provide to the City, no later than the issuance of a grading permit for the Project, an instrument or instruments securing the commencement, completion, and workmanship of the Public Improvements and securing the payment of laborers and materialmen performing or to perform work on the Public Improvements (collectively “Improvement Security”). The Improvement Security shall be one or more of the securities listed under California Government Code § 66499, as designated by the City. The principal amount of any Improvement Security shall be determined by the City by application of California Government Code §§ 66499.3 and 66499.4. All such Improvement Security provided to the City shall be released in accordance with the provisions of California Government Code § 66499.7. (c). Dedication of Rights-of-Way for Public Improvements. Developer shall dedicate such rights-of-way, easements, agreements, licenses, and other grants of rights over the Property (“Dedications”) to the City as are reasonably required to accomplish the survey, design, construction, inspection, testing, operation, maintenance, and repair of the Public Improvements as the City is authorized to require under the Existing Development Regulations. It is understood, acknowledged, and agreed by Developer that such Dedications may include, but are not limited to, fee parcels, and permanent or temporary rights-of-way or easements for public purposes (including street and utility use, slope, drainage, maintenance, construction, entry and/or access, and encroachment permits). The Dedications, if any, to be required by the City for the Project are specified in Exhibit “E” which is attached hereto and incorporated herein by reference. Developer agrees that the making of such Dedications are part of the 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 6 consideration provided by Developer for this Agreement, that Developer shall not seek, nor have a right to, any compensation from the City for such Dedications, and that Developer shall not pursue any legal action for compensation, including inverse condemnation or eminent domain, with regard to such Dedications. 9. Assignment. Developer shall have the right to sell, mortgage, hypothecate, assign or transfer all or any portion of this Property (as may be subsequently subdivided), to any person or entity at any time during the term of this Development Agreement. Any such transfer shall be deemed to include an assignment of all rights, duties and obligations created by this Development Agreement with respect to all or any portion of the Property. The assumption of any or all of the obligations of Developer under this Agreement pursuant to any such transfer shall relieve Developer, without any act or concurrence by the City, of its legal duty to perform those obligations except to the extent that Developer is in default with respect to any and all obligations at the time of the proposed transfer, in which case its obligations solely with respect to the matter in default shall continue until such matter is cured. Without limitation of the foregoing, City specifically acknowledges that upon an assignment of Developer's rights and obligations under this Agreement to the homeowner's association that will be formed for the Project, all obligations hereunder, including, without limitation, the maintenance obligations under § 12 below, shall be assumed by such homeowner's association and Developer shall have no further responsibility or liability therefor, except to the extent that Developer is in default with respect to any of those obligations at the time of such assignment, in which case its obligations solely with respect to the matter in default shall continue until such matter is cured. 10. General Standards and Restrictions Pertaining to Development of the Property. The following specific restrictions shall apply to the use of the Property pursuant to this Development Agreement: (a). Developer shall have the right to develop the Project on the Property in accordance with the terms and conditions of this Agreement and City shall have the right to control development of the Property in accordance with the provisions of this Agreement. City agrees to timely consider and expeditiously act upon any matter which is reasonably required, necessary or desirable to accomplish the intent, purpose and understanding of the parties in entering into this Agreement, including, without limitation, processing of any ministerial permit or ministerial approval or any request for a discretionary action or discretionary approval. City further agrees that, if Developer satisfactorily complies with all preliminary procedures, actions, payments of applicable Developer Fees, and criteria generally required of developers by the City for processing applications for such discretionary actions or discretionary approvals that the City will not unreasonably withhold or unreasonably condition any such subsequent discretionary action or discretionary approval required in connection with any subsequent project approval. All subsequent Project approvals shall be subject to the terms and conditions of this Agreement. Any subsequent Project approval implementing the Project or any conditions, terms, restrictions and requirements of any such subsequent Project approval implementing the Project, shall not prevent development of the Project for the uses and in 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 7 accordance with the maximum density or intensity of development set forth in this Agreement. Subject to Developer’s installation of infrastructure in accordance with the requirements of the Project Approvals, City hereby acknowledges that it will have sufficient capacity in its infrastructure and services to accommodate the Project. City hereby agrees that it will provide all applicable City controlled services to the Project and that there shall be no restriction by City on hookups or service for the Project with respect to said items. (b). The density and intensity of use, the uses allowed, the size of proposed buildings, provisions for the reservation or dedication of land for public purposes, the maximum height of proposed buildings and location of public improvements, together with other terms and conditions of development applicable to the Property, shall be as set forth in this Development Agreement and the attached Development Plan. (c). City agrees to cooperate with Developer in the issuance of permits on an expedited basis and at the earliest feasible date, including, separate and sequential issuance of demolition, grading and building permits and, if applicable, issuance of permits prior to recordation of tract maps for the Project; provided Developer’s applications for such permits comply with all applicable Existing Development Regulations. 11. Effect of Existing Development Regulations on Development of Project. Except as expressly provided in this Development Agreement, all substantive and procedural requirements and provisions contained in City’s ordinances, specific plans, rules and regulations, including, but not limited to, the Development Code and building codes, in effect as of the Effective Date of this Development Agreement, shall apply to the construction and development of the Property and, subject only to the terms of this Development Agreement, Developer shall have a currently effective vested right to develop the Property in accordance with the Existing Development Regulations. (a). The provisions of this ¶ 11 shall not preclude the application to the development of the Property of those changes in City ordinances, regulations, plans or specifications which are specifically mandated and required to apply to the Project by changes in state or federal laws or regulations as provided in California Government Code § 65869.5 or any successor provision or provisions; provided that the party which believes such a change or addition to the Existing Development Regulations has occurred shall provide the other party hereto with a copy of such State or Federal law or regulation and a statement of the nature of its conflict with the provisions of this Agreement, and the parties shall, within ten (10) days, meet and confer in good faith and engage in a reasonable attempt to modify this Agreement to comply with such Federal or State law or regulation, and, in such discussions, the City and the Developer agree to preserve the terms of this Agreement and the rights of the Developer derived from this Agreement to the maximum feasible extent while resolving the conflict. (b). The payment of fees associated with the construction of the Project, including land use approvals, development fees, building permits, etc., shall be limited to 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 8 those Development Fees shown on Exhibit “F” attached hereto. Notwithstanding the foregoing, Developer understands and agrees that changes in state or federal laws, as defined in § 11.(a)., above, which require the imposition of new or increased fees shall be paid by Developer. (c). As provided in California Government Code § 65866, in subsequent actions applicable to the Property, City may apply new rules, regulations, and policies to the Property adopted after the Effective Date provided such new rules, regulations and policies do not conflict in any way with the terms of this Development Agreement or the rights granted herein or further condition or restrict the development of the Project as provided for herein. (d). Nothing herein shall prevent the application of health and safety regulations (i.e., fire, building, seismic, plumbing, mechanical and electric codes) that become applicable to the City as a whole when required for adoption by state law, such as uniform codes. (e). Notwithstanding anything herein to the contrary, neither the Existing Development Regulations nor any other governmental restricitions, requirements or regulations shall prohibit the construction of the Project as shown in the Project Plans. 12. Maintenance of the Property. The Developer shall, at its sole cost and expense: (i) maintain the appearance and safety of the Property (including all improvements, fixtures, and landscaping) in good order, condition, and repair, and free from the accumulation of trash, waste materials, and other debris; (ii) remove all graffiti placed upon the Property (including all improvements, fixtures, and landscaping) within seventy-two (72) hours of its appearance; (iii) maintain in good order, condition and repair, properly functioning landscape irrigation systems on the Property and (iv) remove and promptly replace all dead or diseased landscaping material on the Property. In the event of a default of this § 12 and of a failure to commence to cure such default within fifteen (15) days after service of a written notice by the City, or to thereafter diligently pursue such cure to completion, then the City or its agents, employees and contractors shall have the right to enter upon the Property without further notice and to take such actions as are necessary to cure the default. Developer shall reimburse the City for all costs associated with cure of the default (including but not limited to, staff services, administrative costs, legal services, and third party costs), within fifteen (15) days after service of a written notice by the City. If Developer fails to pay within the time provided, such costs shall be a lien upon the Property, as provided by California Civil Code § 2881 effective upon the recordation of a notice thereof against the Property. The City may thereafter enforce and foreclose such lien in any manner legally allowed. 13. Uses. Those uses allowed on the Property shall be as follows: (a). Permitted Uses. 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 9 (1). Townhouse style single family detached condominium residential homes, including garages, with private yards, as shown in the Development Plan. (2). common landscaping maintained by a City-approved homeowners’ association pursuant to covenants, conditions and restrictions applicable to all property within the Project. (b). Uses Requiring Use Permit shall be as required pursuant to the provisions of Chapter 88 of the Azusa Municipal Code, as the same may be amended from time to time hereafter. 14. Subdivision Map Required. Notwithstanding any other provision or term hereof, Developer shall process a subdivision map through City’s subdivision map approval process, comprising all of the property identified in Exhibit “A,” including, but not limited to, any required relinquishment of vehicular access rights, and cause the final map to be recorded in the form prescribed by law not later than December 31, 2018, subject to extension for force majeure events; provided that, upon request of Developer and upon good cause therefor being shown, the City Administrator of City shall have the authority to extend the foregoing date for recordation of the final map by up to 90 days upon an administrative basis and without further authorization from the City. In the event said map is not recorded as required herein, this Development Agreement shall be deemed null and void. Developer may, at Developer’s sole risk and expense, apply for building and grading permits pursuant to City’s codes and ordinances, prior to the recordation of said map; provided, however, that no certificate of occupancy or other entitlement of a similar nature may be granted or obtained prior to recordation thereof. No conditions of approval shall be imposed in connection with processing or approval of such subdivision map beyond those set forth in Exhibit “C” attached hereto. As provided in California Government Code §§ 66452.6 and 65863.9, the term of any tentative, vesting tentative or parcel map hereafter approved with respect to the Project and the term of each of the Project Approvals shall remain in effect and be valid through the scheduled termination date of this Agreement or the date such approval would otherwise be in effect under applicable law, whichever is later. 15. Annual Review. During the term of this Agreement, City shall annually review the extent of good faith compliance by Developer with the terms of this Development Agreement. Developer shall file an annual report with the City indicating information regarding compliance with the terms of this Development Agreement no later than March 15 of each calendar year. City’s failure to conduct any such annual review shall not affect the validity or continuing effectiveness of this Agreement. 16. Indemnification. Developer agrees to, and shall, hold City and its elected and appointed officials, officers, agents and employees free and harmless from all liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of Developer’s contractor, subcontractor, agent, employee or other person acting on Developer’s behalf which relate to the construction and operation of the Project. 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 10 Developer agrees to, and shall, defend City and its elected and appointed officials, officers, agents and employees with respect to actions for damages caused or alleged to have been caused by reason of Developer’s activities in connection with the Project. This hold harmless provision applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project, but shall not apply to any claim arising from the acitve negligence or intentional misconduct of the City or any officer or employee acting on the City’s behalf. 17. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code §§ 65868, et seq., or their successor provisions. 18. Minor Amendments to Development Plan. Upon the written application of Developer, minor modifications and changes to the Development Plan may be approved by the Director of Development Services pursuant to the terms of City's Development Code. Such modifications and changes may include but are not limited to adjustments needed for utility purposes or as required by other governmental regulations. 19. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) by registered or certified mail addressed to the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot reasonably be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently prosecuted by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may terminate this Agreement. Except as otherwise expressly provided herein with respect to Developer's indemnification and reimbursement obligations to City, termination of this Agreement shall be the City’s sole remedy for Developer’s default. Termination of this Agreement shall not affect existing entitlements or permits issued prior to such termination, although all such permits shall be and remain subject to any terms and conditions of approval contained therein or imposed in connection therewith 20. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: (a). If a material warranty, representation or statement is made or furnished by Developer to City with respect to this Agreement and is false or proved to have been false in any material respect when it was made; (b). If a finding and determination is made by City following an annual review pursuant to ¶ 15 above, upon the basis of substantial evidence, that Developer has not 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 11 complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in ¶ 19 hereinabove; or (c). A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in ¶ 19 hereinabove. 21. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if, on periodic review, City does not enforce this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City; provided that the foregoing shall not limit the Developer’s right to force majeure extensions where those are provided for pursuant to § 30 below. Except as otherwise expressly provided herein, all other remedies at law or in equity which are not otherwise provided for in this Agreement are available to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 22. Rights of Lenders Under Agreement. This Agreement shall not prevent or limit Developer, acting in good faith, in any manner, at its sole discretion, from encumbering the portion of the Property owned by it, or any portion thereof or any improvement thereon, by any mortgage, deed of trust, or other security device securing financing with respect to such portion of the Property. The City acknowledges that the lenders providing such financing may require certain Agreement interpretations and/or modifications and agrees upon request, from time to time, to meet with the Developer and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City agrees that it will not unreasonably withold consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Neither the entering into of this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property, or any portion thereof, made in good faith and for value. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary (“Lender”) of said encumbrance or lien shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: (a). Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer; (b). Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as “a trust deed”); 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 12 (c). Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and (d). Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. 23. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender (if known by City) and afford Lender the opportunity after service of the notice to: (a). Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; (b). Cure the breach or default within thirty (30) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or (c). Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and such cure cannot reasonably be performed within thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. 24. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: (a). They are commenced within ninety (90) days after service on Developer of the notice described hereinabove; (b). They are, after having been commenced, diligently pursued in the manner required by law to completion; and (c). Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment. 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 13 25. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. To Developer: OLSON URBAN HOUSING, LLC 3010 Old Ranch Parkway, Suite 100 Seal Beach, California 90740 Attention: Todd Olson and John Reekstin Business No.: (562) 596-4770 Facsimile No.: (562) 596-4703 Email: tolson@theolsonco.com With a copy to: OLSON URBAN HOUSING, LLC 3010 Old Ranch Parkway, Suite 100 Seal Beach, California 90740 Attention: Katherine M. Chandler, Esq. Business No.: (562) 370-2217 Facsimile No.: (562) 598-9535 Email: kchandler@theolsonco.com And to: Liner LLP 1100 Glendon Aveneu, Suite 1400 Los Angeles, California 90024 Attention: Dennis S. Roy, Esq. Business No.: (310) 500 3475 Facsimile No.: (310) 500 3501 Email: droy@linerlaw.com To City: City of Azusa 213 East Foothill Boulevard Azusa, California 91702 Attention: City Manager Tel: (626) 812-5238 Fax: (626) 334-6358 E-Mail: butzlaff@ci.azusa.ca.us With a copy to: Andrew V. Arczynski 141 W. Wilshire Ave, Suite B Fullerton, CA 92832 Tel: (714) 578-8838 Fax: (714) 578-9324 Email: andrew@arczynskilaw.com 26. Attorneys’ Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 14 prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees incurred during the proceeding as may be fixed within the discretion of the court. 27. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 28. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 29. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 30. Force Majeure. In addition to specific provisions of this Agreement, whenever a period of time is designated within which any party hereto is required to do or complete any act, matter or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which such party is prevented from the doing or completion of such act, matter or thing because of causes beyond the reasonable control of the party to be excused, including, without limitation, war; acts of terrorism; insurrection; riots; floods; earthquakes; fires; casualties; acts of God; strikes; litigation and administrative proceedings involving the Project; restrictions imposed or mandated by other governmental entities; enactment of conflicting state or federal laws or regulations; judicial decisions; the exercise of City's reserved powers; or similar bases for excused performance which are not within the reasonable control of the party to be excused (collectively, “Force Majeure Event”). 31. Estoppel Certificate. At any time during the term of this Agreement, any lender or other party may request any party to this Agreement to confirm that (i) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications) and that (ii) to the best of such party's knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults and (iii) any other information reasonably requested. Each party hereby agrees to provide a certificate to such lender or other party within ten (10) business days of receipt of the written request therefor. The failure of any party to provide the requested certificate within such ten (10) business day period shall constitute a confirmation that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that, to the best of such party's knowledge, no defaults exist under this Agreement, except as may be represented by the requesting party. 32. Timing of Development. The parties acknowledge that Developer cannot at this time predict when or the rate at which the Project would be developed. Such decisions depend upon numerous factors which are not all within the control of 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 15 Developer. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the intent of Developer and City to hereby cure that defect by acknowledging and providing that Developer shall have the right to develop the Property consistent with the Project Approvals and the Conditions of Approval in such order and at such rate and at such times as Developer deems appropriate. No City-imposed moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the City Council, a board, agency, commission or department of City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City, or portions of City, shall apply to the Property to the extent such moratorium or other limitation is in conflict with this Agreement. 33. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of Los Angeles within ten (10) business days following the Effective Date. Developer shall bear the cost of recordation hereof, if any. IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth hereinabove. [ALL SIGNATURES APPEAR ON PAGE 16] 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 16 Dated: Dated: DEVELOPER: OLSON URBAN HOUSING, LLC a Delaware limited liability company, doing business as The Olson Company By: In Town Living, Inc., a Delaware corporation Its Managing Member By: Name: Its: By: Name: Its: Dated: CITY: THE CITY OF AZUSA By: Its:__________________________ ATTEST: By: City Clerk Approved as to form: Andrew V. Arczynski By: Special Counsel 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA 17 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES) On ___________________, 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared _____________________ and ____________________________ proved to me on the basis of satisfactory evidence to be the persons who executed this instrument as Mayor and City Clerk of the CITY OF AZUSA, a municipal corporation existing and organized under the laws of the State of California, and acknowledged to me that the CITY OF AZUSA executed it. ___________________________________ Notary Public in and for said State STATE OF ________________) ) ss. COUNTY OF ______________) On ____________________, 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared xxxxx, President, and XXXXX, Secretary, of the Olson Company, Inc., proved to me on the basis of satisfactory evidence to be the persons who executed this instrument as officers of the OLSON URBAN HOUSING, LLC. and acknowledged to me that such persons are authorized to execute on behalf of such corporation. ___________________________________ Notary Public in and for said State 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “A” – Page 1 EXHIBIT “A” LEGAL DESCRIPTION PARCEL 1 (APN 8608-027-905): All that certain real property situated in the County of Los Angeles, State of California, described as follows: A parcel of land in the City of Azusa, County of Los Angeles, State of California, adjoining Block 19 of Azusa, as per Map recorded In Book 15, Page 93 of Miscellaneous Records, in the office of the County Recorder of said County, described as follows: Commencing at the intersection of the South line of said Block 19 and the West line of Dalton Avenue, BO feet wide; thence Southerly along said Westerly line to the Northerly line of the right of way and depot grounds of the Southern California Railway Co., (now Atchison, Topeka and Santa Fe Railway Co.); thence Southwesterly along said Northerly line to a point in a line formed by the prolongation of the East boundary line of Lot(s) 17, 18, 19, 20, 21 and 22 In said Block 19; thence Northerly along said prolongation to the Southeasterly corner·of Lot 22 in said Block 19; thence Northeasterly along the Southeasterly line of said Block 19 to the Point of Beginning. PARCEL 2 (APN 8608-027-906): All that certain real property situated in the County of Los Angeles, State of California, described as follows: Lot(s) 4 in Block 19 of Azusa, in the City of Azusa, County of Los Angeles, State of California, as per map recorded in Book 15 Page(s) 93 to 96 inclusive of Maps, in the Office of the County Recorder of said County. Together with that portion of that certain North/South Alley, 20 feet wide, as shown on Map of Azusa, in the City of Azusa, County of Los Angeles, State of California, as per map recorded in Book 15 Page(s) 93, et seq of Miscellaneous Records, in the Office of the County Recorder of said County, included within Block 19 of said Map of Azusa, shown as Parcel “A” on Exhibit “B” of that certain Resolution to Vacate No. 94-C34, recorded July 19, 1994 as Instrument No 94- 1339841 , Official Records. 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “A” – Page 2 PARCEL 3 (APN 8608-027-908): All that certain real property situated in the County of Los Angeles, State of California, described as follows: That portion of land described in Certificate of Compliance for a Lot Merger as evidenced by document recorded March 4, 2009 as Instrument No. 2009-306247 of Official Records, being more particularly described as follows: Lots 2 and 3 in Block 19 in the City of Azusa, as per Map recorded in Book 15, Page(s) 93 to 96 inclusive of Maps, in the Office of the County Recorder of said County. PARCEL 4 (APN 8608-027-907): All that certain real property situated in the County of Los Angeles, State of California, described as follows: LOT(S) 17, 18, 19, 20, 21 AND 22 IN BLOCK 19 OF AZUSA, IN THE CITY OF AZUSA, COUNTY OF LOS ANG ELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE(S) 93, ET I., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO A PARCEL OF LAND ADJOINING SAID BLOCK 19 OF THE SOUTH, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 19; THENCE SOUTH 50 FEET TO THE NORTHERLY LINE OF THE RIGHT OF WAY AND DEPOT GROUNDS OF THE SOUTHERN CALIFORNIA RAILWAY CO., (NOW ATCHISON, TOPEKA AND SANTA FE CO.) THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE TO A POINT IN A LINE FORMED BY THE PROLONGATION OF THE EAST BOUNDARY LINE OF SAID LOT(S) 17, 18, 19, 20, 21 AND 22 IN SAID BLOCK 19, SAID POINT BEING 50 FEET SOUTH FROM THE SOUTHEASTERLY CORNER OF SAID LOT 22; THENCE NORTH 50 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 22; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 22 TO THE POINT OF BEGINNING. 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “B” – Page 1 EXHIBIT “B” DEVELOPMENT PLAN (Plans and Specs) EXHIBIT “C” CONDITIONS OF APPROVAL Exhibit "A" Conditions of Approval - Planning Commission, October 12, 2016 Case No: DESIGN REVIEW NO. DR-2016-08 MINOR USE PERMIT NO. MUP-2016-09 (8’ HIGH BLOCK WALL) VARIANCE NO. V-2016-06 (MAX WALL PLANE) VARIANCE NO. V-2016-07 (ROOFLINE VARIATION) VESTING TENTATIVE TRACT MAP NO. TTM-74376 DEVELOPMENT AGREEMENT NO. DA-2016-01 Address: 803 – 809 N. Dalton Avenue A.P.N.: 8608-027-905, 906, 907, & 908 Project: THE CONSTRUCTION OF THIRTY (30), THREE (3) STORY HIGH TOWNHOMES RANGING FROM 1,330 SF TO 1,834 SF ON PROPERTY ZONED GOLD LINE DISTRICT WITHIN THE AZUSA TOD SPECIFIC PLAN 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 Design Review and Tentative Tract Map approval shall expire in accordance with Development Agreement (DA-2016-01). 2. All applicable Building Division and Fire Department requirements shall be met at all times. COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 3 of 38 3. All construction and uses shall be in substantial conformance with the approved site plan and elevations [as modified pursuant to the conditions listed herein]. 4. Prior to submitting for Building Division plan check, applicant shall submit a revised site plan to the Planning Division for review and approval. 5. A sequence sheet shall be submitted for Planning Staff approval prior to issuance of building permits, showing: a.) The styles and color schemes for the various buildings. 6. Apply and pay for addressing plan for the entire project 7. Each unit shall have a designated area for trash bins inside the garage but not within the parking envelope. 8. Pavement enhancements shall be incorporated at the driveway entrance and the center of the east-west drive isle. 9. The proposed 8’ high block wall located at the south and west property line shall be decorative wall plane and decorative trim cap. The final decorative wall plane and decorative trim cap shall be approved by the Director of Economic and Community Development. 10. The proposed 36” high stucco block wall located along Dalton Avenue shall be include a decorative trim cap. The final 36” high stucco block wall shall be approved by the Director of Economic and Community Development. 11. The proposed ground mounted mechanical units located along Dalton Avenue shall be screened by a stucco block wall and solid screen gate with decorative trim cap. The block wall shall be architecturally compatible with the development and match with the stucco block walls for the private front patios. 12. The common open space shall have amenities similar but not limited to: a. Precast concrete pavers with 1’ wide perimeter band b. Patio furniture c. Barbecue grill counter d. Lush landscaping COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 4 of 38 The final design of the common open space shall be approved by the Director of the Economic and Community Development. 13. The following units shall have a minimum of 100 sf for the required private open space. The private open space shall be a defined space as approved per the Director of Economic and Community. a. Building A-1 – P1 b. Building A-2 – P1 c. Building C-1 – P1 d. Building C-2 – P1 14. The developer shall pay before issuance of Certificate of Occupancy for all applicable Public Art Fee as described per Azusa Municipal Code Chapter 88.39 – Art in Public Places Program. 15. Three sets of Landscape and Irrigation plans shall be submitted for review and approval as follows: one set to the Planning Division; one set to the City’s consulting Landscape Architect; and one set to the Parks Division. Said plans shall be 24" by 36" and in compliance with landscape design standards of the Specific Plan. Location and percentage of landscaping, plant material and quantities of each, plant and planter box sizes, and design of an automatic irrigation system with detailed cross-sections shall be clearly indicated. [Note: Do not submit these plans with building plan check.] 16. Lighted directional address signs shall be provided to the satisfaction of the Planning Division and the Police Department. 17. Illuminated address numbers shall be installed for each unit on the alley side and front entrance of each unit. 18. All illuminated sign and parking lot lighting shall be located, aimed and/or shielded to prevent lights from shining or reflecting on adjacent property. 19. All paseos and walkways shall be adequately lighted with decorative lighting fixtures, which shall be consistent. 20. 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 COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 5 of 38 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. 21. The applicant or successor in interest shall be the real party in interest and shall assume primary responsibility for the defense of any legal action or proceeding commenced against the City to challenge the City's approval of Land Use Entitlements and/or the City's approval related to such land use approval. The applicant or successor in interest shall reimburse the City for all reasonable attorneys’ fees and other reasonable costs incurred by the City in defending such action or proceeding. 22. 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. 23. Any changes to the conditions listed above must be approved by the Planning Commission. 24. Prior to recording of the CC&R’s, the applicant shall submit the CC&R’s to the City for review and approval. The draft CC&R’s submitted for review by the City shall be marked with appropriate legend to indicate which portion thereof is responsive to conditions of approval. A copy of the recorded CC&R’s shall be provided to the Director to be included with the project file. B. All requirements of the Parks Division of the Recreation and Family Services Department shall be met, including but not limited to the following: 1. This project shall comply with City of Azusa’s Water Efficient Landscape Regulations. Water Efficient Landscape Regulations can be found on the City of Azusa’s wet site, www.ci.azusa.ca.us under Community Development. 2. Landscape and irrigation plans shall include parkways. If parkway is irregular shaped or less than 8’ wide, drip irrigation or pop up head with Rainbird XPCN nozzles with be required. 3. Landscape and irrigation plan shall show location, quantities, size and type of plant material, landscape summary with total square footage, and design of automatic COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 6 of 38 irrigation system. No final release from Parks Division will be granted until plans have been approved. 4. Developer shall work with Los Angeles County Metropolitan Transportation Authority (Metro) to provide access for the maintenance of the existing Oak tree located on Metro Right-of-Way property to the south of the subject property. The maintenance of the Oak tree will be the sole responsibility of Metro. 5. Installation of six (6) street trees in the parkway located to the west of the property, along the bus way. The trees shall be Canary Island Pine (Pinus Canariensis) and approved by the Parks Division. The trees shall be installed prior to release of Certificate of Occupancy. 6. Installation of three (3) street trees in the parkway located on the east of the property, along Dalton Avenue. The trees shall be Chinese Tallow (Sapium Sebiferum) and approved by the Parks Division. The trees shall be installed prior to release of Certificate of Occupancy. C. All requirements of the Building Division shall be met, including but not limited to the following: COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 1 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “C” – Page 1 1. Applicant shall conform to the 2013 California Building Standards Code; including the 2013 California Building Code, 2010 California Residential Code, 2013 California Green Building, California Electrical Code, 2010 California Plumbing Code, 2013 California Mechanical Code, 2013 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. sanitation fees) prior to issuance of any building permits. 3. Electrical, mechanical, plumbing plan check fees are required. 4. Energy plan check fees are required. 5. Applicant shall submit 3 copies of site plan, 3 copies of architectural plans including floor, elevation, and architectural details, 3 copies of structural including foundation, roof, wall, structural elements, and structural details, 3 copies of plumbing, electrical, and mechanical plans, for plan check. 6. Applicant shall provide an additional copy of the building floor plan to be submitted to the Los Angeles County Assessor’s Office. 7. A State of California Registered Engineer or a State of California Registered Architect shall design structural, architectural, electrical, mechanical, and plumbing plans. 8. Applicant shall submit 3 copies of structural calculations simultaneous with the construction plans. 9. Applicant shall submit 3 copies of energy calculations simultaneous with the construction plans. 10. Applicant shall submit 3 copies of soil report simultaneous with the construction plans. 11. All updated soils reports must be reviewed and approved by authorized 3rd party geotechnical firm. 12. Residential fire sprinklers are required. Applicant shall submit 3 sets of Fire Sprinkler plans for plan check. Fire Sprinkler plans must be designed by licensed C-16 contractor and submitted to the Fire Department. COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 2 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “C” – Page 2 13. Property shall be surveyed by a State of California Licensed Surveyor and the survey report shall be submitted concurrently with the construction plans. 14. Prior to issuance of a permit, the applicant shall submit approval from the Los Angeles County Fire Department. 15. Property falls within an area of potential earthquake induced Liquefaction, Landsidles or both. A site specific Geologic investigation must be conducted for the property. The site investigation report competence in the field of seismic hazard evaluation and mitigation. The geologic report must be submitted to the Department of Economic and Community for review. Plan review fees will be based on actual costs with a minimum deposit of $1,000.00 due when the report is submitted. City staff recommends the submittal of this report as soon as possible to avoid any delay in permit issuance. 16. Plans as submitted are not acceptable for Building Division submittal. D. All requirements of the Water Division shall be met, including but not limited to the following: 1. Applicant shall apply for water service and meters and pay applicable associated installation deposit and inspection fees. 2. Required to install new water services and meters per ALW Standards. Owner is required to size their own meter to meet their approval to size their own meter to meet their proposed needs. Each dwelling unit will require a new water meter and new water service. 31 required per ALW Standard W-1 through W-4, or master meter from Dalton Avenue and onsite water mains will be private. 3. Will require an approved backflow device(s) per ALW standards W-15 with a cage(s) installed. Backflow device shall be field verified with ALW Water Inspector prior to placement (5) working days prior to start of work. The backflow shall be installed by owner/applicant, tested by LA County Certified backflow tester at owner’s expense. The reports shall be filed with ALW immediately after the devices are in place and required prior to certificate of occupancy. Required to install backflow cages. 4. All easements shall be identified on the water plans and on the Tract Map. The existing water main(s) shall be identified on improvement plans including any/all easements. Required to submit Tract Map to ALW Water Division for review and approval prior to recording. 5. Plan Check required. Required to submit a Water Plan & Tract Map for review and approval by Azusa Light & Water (ALW) latest title block. The plan approval is valid for one year from the date the plans are signed by ALW. COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 3 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “C” – Page 3 6. The owner or project applicant shall take sole responsibility for cost incurred due to any modification, relocation or alteration of existing water facilities cause by this project to the satisfaction of Light and Water Department. 7. This project is subject to Ordinance No. 96-08 City of Azusa Municipal Code Section 78-471 through 477 of Article VI, Division 5 entitled “Water System Development Fees” if there is any change in floor footage. Fees must be paid to Light and Water Department prior to the final plan approval by Building Division. 8. This project is subject to Ordinance No. 07-012 City of Azusa Municipal Code Section 78-501 through 513 of Article VI, Division 6 entitled “Conservation Plan”. This includes the installation of water saving devices, such as ultra-low – flow toilets (1.6 gallons) and participation in the retrofitting of existing units either by installing retrofits of providing funds to perform retrofits. 9. The owner/applicant is required to remove any unused water facilities, including services, meters, fire services, irrigation meters, water vaults, etc. within project vicinity, abandon and completely serve from water main per ALW standards and shall be inspected and approved by ALW Water Inspector. 10. The Fire Department Connection(s) (FDC)s shall not be installed on the riser of the backflow device. ALW is required to inspect the backflow devices. 11. All water facilities, including water mains, fire hydrants, water meters shall be shown on the Water Plan. All proposed water meters, public fire hydrants, public water mains shall be within the public right-of-way or within a dedicated full street width easement to Azusa Light & Water recorded on the Tract Map. 12. The proposed development shall have meters for each building per ALW Water Standards. A minimum of 5 water meters (domestic and irrigation) and if a fire service line is required for this project by the Fire Department it shall be placed on the ALW Water Plan. 13. The onsite private system shall be labeled private and owned and maintained by the property owner if the site is mastered meter. 14. The Water System Development fees are required to be paid in full for this development prior to the Water Plan approval. 15. The developer shall by all current applicable fees and deposits required for this project. Azusa Light and Water staff shall be consulted for current and applicable fees. 16. The developer shall submit proposed water meter size for the proposed units. COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 4 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “C” – Page 4 17. Currently in Phase II of the Drought, recommended drought tolerant landscaping. 18. Will require installation of a new water mains, fire hydrants and valves from Azusa Light & Water (ALW) 830 pressure zone. Public water mains shall be ductile iron class 350 with a minimum size of 8-inches in diameter, sized & designed for project needs. The public water mains shall be inspected & approved by ALW Water Inspector prior to certificate of occupancy including: trenching, bedding, shading, placing of pipe, valves, fittings, thrust blocks, other underground utilities in place, vertical & horizontal crossing separations, leakage testing, flushing, disinfection, bacteriological, valve boxes raised to grade and lines flushed, final inspection, etc. Required to install pressure regulators behind existing water meters on Alameda Ave and Dalton Ave between 9th Street and the Railroad tracks. 19. The developer shall submit a water and hydraulic analysis for proposed plan with proposed water demands for Tract Development including average day demand, max day demand and peak hour demand. 20. Contact Water Division for details on Specifications and Requirements. 21. The estimated Water System Development Fee is based on Resolution No. 15- C39 and will be changed to reflect actual rate as of the day fees are paid. Residential Dwelling Unit Cost $1,944.86 Total $58,345.80 E. All requirements of the Light Division shall be met. 1. Prior to approval of proposed project, contact Electric Division for details on specification and requirements. 2. Incoming electric utility facilities shall be underground. Developer to provide all conduits. 3. Extensive electrical rebuilding may be necessary. Applicant is directed to contract and make arrangement with the Electric Division immediately. 4. All existing electric service and facilities shall remain. Any relocation, modification, alteration, or upgrade of existing electric service and facilities shall be at the sole cost and expense of owner/applicant/developer. COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 5 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “C” – Page 5 5. Developer is required to pay for all costs associated with installing new electric facilities such as underground conduits, vaults, pull boxes, cables, transformers, and line extension to serve this development. All fee are required to be paid in advance in the amount estimated by Azusa Light & Water staff based on approved utility plan. 6. Prior to finalizing tract map, all electric utility easements should be granted to City of Azusa Light & Water Department and be included and recorded on the tract map. F. All requirements of the Police Department shall be met, including but not limited to the following: 1. Each residence shall have illuminated numeric address signs installed on the front and the rear of the residence. These signs will assist emergency responders in locating individual homes from the street. 2. Any resident opting to install a residential alarm system must comply with all related City of Azusa ordinances and provisions including A.M.C. Section 18 et al. 3. Street curb should be painted red in areas where fire hydrants are placed. The length of red curb should not exceed 15 ft. 4. Install lighting systems that provide uniformed white light which provide night time vision for pedestrians and homeowners to permit pedestrians to see one another, to see risks involved in walking at night and to reduce the risk of trip and fall accidents. Provide lighting systems which will enhance police ability for surveillance, patrol and pursuit. 5. All lighting systems should be protected from vandalism (e.g. unbreakable exterior, tamperproof hardware, non-corrosive design components and shock absorbing bracket design). 6. Clear signs must be posted where parking is prohibited (e.g. alley parking). These signs shall be installed at the entrance to each private alley as a minimum. 7. Handicap parking stalls in the visitor parking area shall be marked in compliance with CVC 22511.8. 8. If the property owner wants illegally-parked cars to be towed or cited, the property must have signs posted in compliance with CVC 22658. COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 6 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “C” – Page 6 G. All requirements of the Fire Department shall be met, including but not limited to the following: Conditions of Approval – Final Map 1. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky. 2. A copy of the Final Map shall be submitted to the Fire Department for review and approval prior to recordation. 3. The on-site Fire Apparatus Access Road shall be indicated on the Final Map as "Private Driveway and Fire Lane" with the widths clearly depicted. 4. A reciprocal access agreement is required for the proposed Emergency Vehicle Access Road. Submit documentation to the Fire Department for review prior to Final Map clearance. 5. Provide written verification stating the required fire hydrant has been relocated an installed prior to Final Map clearance. a. Submit a minimum of three (3) copies of the water plans indicating the new fire hydrant locations to the Fire Department’s Land Development Unit for review. The required public fire hydrants shall be installed prior to construction of the proposed project. CONDITIONS OF APPROVAL – ACCESS 1. All on-site Fire Apparatus Access Roads shall be labeled as “Private Driveway and Fire Lane” on the site plan along with the widths clearly depicted on the plan. Labeling is necessary to assure the access availability for Fire Department use. The designation allows for appropriate signage prohibiting parking. 2. Fire Apparatus Access Roads must be installed and maintained in a serviceable manner prior to and during the time of construction. Fire Code 501.4 3. All fire lanes shall be clear of all encroachments, and shall be maintained in accordance with the Title 32, County of Los Angeles Fire Code. 4. The Fire Apparatus Access Roads and designated fire lanes shall be measured from flow line to flow line. COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 7 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “C” – Page 7 5. Provide a minimum unobstructed width of 26 feet, exclusive of shoulders and an unobstructed vertical clearance “clear to sky” Fire Department vehicular access to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building. Fire Code 503.1.1 & 503.2.2 6. The dimensions of the approved Fire Apparatus Access Roads shall be maintained as originally approved by the fire code official. Fire Code 503.2.2.1 7. 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 8. Fire Apparatus Access Roads shall be provided with a 32 foot centerline turning radius. Fire Code 503.2.4 9. Fire Apparatus Access Roads shall be designed and maintained to support the imposed load of fire apparatus weighing 75,000 pounds, and shall be surfaced so as to provide all-weather driving capabilities. Fire Code 503.2.3 10. Provide approved signs or other approved notices or markings that include the words “NO PARKING - FIRE LANE”. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be provided for fire apparatus access roads, to clearly indicate the entrance to such road, or prohibit the obstruction thereof and at intervals, as required by the Fire Inspector. Fire Code 503.3 11. A minimum 5 foot wide approved firefighter access walkway leading from the fire department access road to all required openings in the building's exterior walls shall be provided for firefighting and rescue purposes. Fire Code 504.1 12. Fire Apparatus Access Roads shall not be obstructed in any manner, including by the parking of vehicles, or the use of traffic calming devices, including but not limited to, speed bumps or speed humps. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. Fire Code 503.4 13. Traffic Calming Devices, including but not limited to, speed bumps and speed humps, shall be prohibited unless approved by the fire code official. Fire Code 503.4.1 14. Approved building address numbers, building numbers or approved building identification shall be provided and maintained so as to be plainly visible and legible from the street fronting the property. The numbers shall contrast with their background, be Arabic numerals or alphabet letters, and be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. Fire Code 505.1 COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 8 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “C” – Page 8 CONDITIONS OF APPROVAL – WATER STSTEM 1. All fire hydrants shall measure 6”x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal, and shall be installed in accordance with the County of Los Angeles Fire Department Regulation 8. 2. All required PUBLIC fire hydrants shall be installed, tested and accepted prior to beginning construction. Fire Code 501.4 3. The required fire flow for the public fire hydrants for this project is 2250 gpm at 20 psi residual pressure for 2 hours. Two (2) public fire hydrants flowing simultaneously may be used to achieve the required fire flow. Fire Code 507.3 & Appendix B105.1 4. An approved automatic fire sprinkler system is required for the proposed buildings within this development. Submit design plans to the Fire Department Sprinkler Plan Check Unit for review and approval prior to installation. 5. Relocate one (1) existing public fire hydrant as noted on the plan. B. H. All requirements of the Engineering Division shall be met, including but not limited to the following: 1. Prior to performing any grading, obtain a permit from the Engineering Division. Prepare and submit 2 sets of grading/drainage plans per City’s Grading Guidelines and the latest edition of the Los Angeles County Building Code. The plans shall be stamped and signed by a California State Registered Civil Engineer. 2. Prepare and submit 2 sets of geotechnical reports, less than one year old. The reports shall include information on the nature, distribution, physical, and engineering properties of the soils onsite and/or soils to be used as fill, and include recommendations on grading procedures. 3. Prepare and submit 2 sets of hydrology and hydraulic calculations for sizing of all proposed drainage devices. The analysis shall also determine if changes in the post-development versus pre-development conditions have occurred. The analysis shall be stamped and signed by a California State Registered Civil Engineering and prepare per the Los Angeles County Department of Public Works Hydrologic Method. 4. State law under the County of Los Angeles “National Pollution Discharge Elimination System” (NPDES) permit requires certain new development and redevelopment projects/activities to incorporate post construction Best Management Practices (BMPs) into grading/drainage plans to control COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 9 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “C” – Page 9 pollutants. Please refer to City’s Standard Urban Storm water Mitigation Plan (SUSMP) Guidelines for specific comments and requirements. 5. 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. 6. All grading projects require Erosion Control Plan as part of the grading plans. Grading permits will not be issued until an Erosion Control Plan is approved. For projects with a disturbed area of one acre or greater, a Storm Water Pollution Prevention Plan (SWPPP) is required. A notice of Intent (NOI) shall also be filled with the State Water Resource Control Board. When submitting the SWPPP for the City’s review, please include the NOI and the Waste Discharge Identification (WDID) number. 7. A bond or security device shall be posted with the City in an amount sufficient to cover the cost of off-site work to be performed, as determined by the City Engineer. Neither a building permit nor encroachment permit will be issued until device is posted. 8. A City Encroachment Permit shall be obtained for all work undertaken in the public-right-of-way. All work shall be done in accordance with City of Azusa Standard and Standard Specifications for Public Works Constriction (Green Book), latest edition and to the satisfaction of the City Engineer or his designee and shall be competed before issuance of Certificate of Occupancy. 9. Prepare and submit 2 sets of improvement plans for work in the right-of-way per Improvement Plan Guidelines. Improvement Plan Guidelines may be obtained from Engineering Division. The Improvement Plans shall be stamped and signed by a California State Registered Civil Engineer. 10. Provide a 20’ wide sewer easement over the existing and proposed city sewer main alignment. 11. Remove and replace sidewalk on Dalton Avenue from the proposed drive approach North to the property limit. 12. Remove and replace curb and gutter on Dalton Avenue from the proposed drive approach north to the property limit. COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 1 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “D” – Page 1 EXHIBIT “D” PUBLIC IMPROVEMENTS Public Improvements will be provided consistent with the Development Plan as conditioned. COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 1 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “E” – Page 1 EXHIBIT “E” DEDICATIONS (Easement for Other Rights-of-Way) Easements will be dedicated consistent with the Development Plan as conditioned. COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 1 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “F - Page 1 EXHIBIT “F” DEVELOPMENT FEES The following AMC and Resolution shall be applied to the project as they relate to development fees: • AZUSA MUNICIPAL CODE CHAPTER 88.39. -ART IN PUBLIC PLACES PROGRAM • RESOLUTION NO. 2016-C6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING AND ADOPTING A REVISED SCHEDULE OF FEES AND CHARGES FOR VARIOUS MUNICIPAL ACTIVITIES AND SERVICES • RESOLUTION NO. 2016-C5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING AND ADOPTING A REVISED SCHEDULE FOR CERTAIN DEVELOPMENT PROJECT FEES AND SERVICE CHARGES COA FOR DR-2016-08, MUP-2016-09, V-2016-06, V-2016-07, TTM-74376, DA-2016-01 30 Townhomes – The Olson Company 803 – 809 N. Dalton Avenue October 12, 2016 Page 1 of 38 84600.001-3258480v6 S01064\050641\ 516-002 Olson DA Exhibit “G” - Page 1 EXHIBIT “G” LIST OF PUBLIC BENEFITS (1) Public Water System Improvements as shown on the Project Plans and to be completed in connection with Project construction; (2) Public Sewer System Improvements as shown on the Project Plans and to be completed in connection with Project construction; (3) Cooperation in CFD formation in accordance with the terms and subject to the provisions set forth in Section 12.3 of the PSA; (4) Payment of Development Fees as provided in and subject to the terms of this Agreement; (5) Installation of six (6) street trees in the parkway of adjoining City parking structure property as shown on the Project Plans and to be completed in connection with Project construction.