Irwindale City Council
November 17, 2022

City of Irwindale
5050 N. IRWINDALE AVE., IRWINDALE CA 91706  • PHONE: (626) 430‐2200 • FACSIMILE: 962‐4209

*2nd AMENDED*
NOTICE AND AGENDA FOR THE
SPECIAL MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY

THURSDAY
NOVEMBER 17, 2022
PLEASE NOTE
MEETING TIME
SPECIAL MEETING
CLOSED SESSION ‐ 5:00 P.M.

OPEN SESSION – 5:30 P.M.

IRWINDALE CITY COUNCIL CHAMBER
Limited Public Access
Pursuant to Irwindale Resolution No.  2022‐105‐3355
The Irwindale City Council has authorized the conduct of hybrid meetings of the City Council, including all City Commissions and committee meetings, and all regularly scheduled meetings that would normally take place in the City Council Chambers, under the provisions of Government Code Section 54956 § E, as authorized by AB 361.

The public’s health and well‐being are the top priority for the City, and you are urged to take all appropriate health safety precautions.  To facilitate this process, the meeting and opportunities to participate are available through the following:

In‐Person at the City Council Chambers
Via Zoom Webinar at https://us02web.zoom.us/j/87104592389 Webinar ID: 871 0459 2389

LARRY G. BURROLA
MAYOR

Albert f. ambriz
Mayor pro tem
MARK A. BRECEDA
councilmember
MANUEL R. GARCIA
councilmember
H. MANUEL ORTIZ
Councilmember
November 17, 2022

Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction.  The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote.  The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.

Pursuant  to  provisions  of  the Brown Act,  no action may be  taken  on a matter unless it is listed  on  the agenda,  or  unless certain emergency  or  special  circumstances  exist.    The  City  Council  may  direct  staff  to  investigate  and/or  schedule  certain  matters  for consideration at a future City Council meeting.

Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in a City Council meeting or other services offered by this City, please contact City Hall at (626) 430‐2200.  Assisted listening devices are available at this meeting.

Ask the Chief Deputy City Clerk if you desire to use this device. Upon request, the agenda and documents in the agenda packet can be made available in appropriate alternative formats to persons with disabilities.  Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).

November 17, 2022

Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good.  We are committed to the principle of an efficient and professional local government.  We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life.  We will be independent and impartial in our judgment and actions.

We will work for the common good of the City of Irwindale community and not for any private or personal interest.  We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration.  We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.

We  will  inform  ourselves  on  public  issues,  listen  attentively  to  public  discussions  before  the  body,  and  focus  on  the business at hand.  We will base our decisions on the merit and substance of that business.  We will be fair and equitable in all actions, claims or transactions.  We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.

We  shall  not  take advantage  of  services  or  opportunities  for  personal gain  by virtue  of  our  public  office  that are  not available to the public in general.  We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.

We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale.  We will be honest in thought and deed in both our personal and official lives.

Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official.  In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.

These things we hereby pledge to do in the interest and purposes for which our government has been established.

Irwindale City Council

November 17, 2022

SPECIAL MEETING ‐ 5:00 P.M.

CITY COUNCIL & SUCCESSOR AGENCY
A.  CALL TO ORDER
B.  ROLL CALL:  Councilmembers:  Mark A. Breceda, Manuel R. Garcia; H. Manuel Ortiz; Mayor Pro Tem Albert F. Ambriz; Mayor Larry G. Burrola
SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

C.  PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS

1.  Proclamation proclaiming November as Family Court Awareness Month

D.  RECESS TO CLOSED SESSION

1.  Conference with Legal Counsel – Existing Litigation Pursuant to California Government Code Section 54956.9
A)   Name of Case:  Five Points, LP vs. City of Irwindale Case Number:    22STCV01394
B)  Case Name: City of Irwindale As Successor Agency to the Irwindale Community Redevelopment Agency, et al. v. County of Los Angeles
Case Number: Ventura County Superior Court Case No. 56‐2015‐00464100‐CU‐WM‐ VTA
E.  RECONVENE IN OPEN SESSION
F.  REPORT FROM CLOSED SESSION
G.  ADJOURN
November 17, 2022

OPEN SESSION ‐ 5:30 P.M.

A.  CALL TO ORDER
B.  ROLL CALL:  Councilmembers:  Mark A. Breceda, Manuel R. Garcia; H. Manuel Ortiz; Mayor Pro Tem Albert F. Ambriz; Mayor Larry G. Burrola
SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

C.  CONSENT CALENDAR
A.  Request  to approve  the parade permit and a Fee Waiver  for  the procession or parade license fee for the “Our Lady of Guadalupe Church Fiesta” procession being held by Our Lady of Guadalupe Church on December 10‐ 11, 2022
Recommendation:  Adopt Resolution No.  2022‐111‐3361 entitled:  "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE PARADE PERMIT AND A FEE  WAIVER  FOR  THE  PROCESSION  LICENSE  FEE  FOR  THE  OUR  LADY  OF  GUADALUPE CHURCH FIESTA ON DECEMBER ‐ 11, 2022" Waiving further reading.

B.  Award  of  Contract  for  Architectural  Design  Services  for  Plans,  Specifications  and  Cost Estimate for a New Public Library; P‐1044
Recommendation:  Adopt Resolution No. 2022‐88‐3338 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE CHANGING THE NAME AND PROJECT ACCOUNT NAME  OF  THE  LIBRARY  EXTENSION/REMODEL  PROJECT  TO  THE  CITY  OF  IRWINDALE PUBLIC  LIBRARY IMPROVEMENT  PROJECT,  APPROVING  THE  AWARD OF  CONTRACT TO CWA AIA, INC. IN THE AMOUNT OF $927,438 PLUS A 15% PROJECT CONTINGENCY IN THE AMOUNT  OF  $139,116  FOR  ARCHITECTURAL  DESIGN  SERVICES  FOR  PLANS, SPECIFICATIONS AND COST ESTIMATE FOR A NEW PUBLIC LIBRARY, AND APPROVING THE TRANSFER  OF  $2,016,645.50  FROM  THE  RECREATION/LIBRARY  BUILDING IMPROVEMENTS PROJECT TO THE CITY OF IRWINDALE PUBLIC LIBRARY IMPROVEMENT PROJECT.”

November 17, 2022

D.  PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

This item shall begin no earlier than 5:30 p.m.

1.  The Applicant is requesting a Site Plan and Design Review (DA) for the construction of a ±129,830  square‐foot  concrete  tilt‐up  building and associated  parking located at  4416 Azusa Canyon Road. (APN: 8417‐004‐006)
Recommendation:    consider  the  Planning  Commission’s  Resolution  Nos.  813(22)  and 814(22) recommending the City Council adopt the Mitigated Negative Declaration (MND) and  Mitigation  Monitoring  and  Reporting  Program  (MMRP)  and  approve  Site  Plan  & Design  Review  (DA) No.  04‐2020  to allow  the  development  of a ±129,830  square‐foot concrete tilt‐up building and associated parking located at 4416 Azusa Canyon Road; and Adopt  Resolution No.  2022‐109‐3359, entitled  “A  RESOLUTION OF THE  CITY  COUNCIL CITY  COUNCIL  OF  THE  CITY  OF  IRWINDALE  ADOPTING  THE  MITIGATED  NEGATIVE DECLARATION (MND) AS AMENDED BY  THE IMPOSITION OF  A SUBSTITUTE MITIGATION MEASURE, AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE CONSTRUCTION  OF  ONE  (1)  SPECULATIVE  INDUSTRIAL  TILT‐UP  BUILDING  TOTALING ±129,830  SQUARE  FEET  FOR  PROPERTY  LOCATED  AT  4416  AZUSA  CANYON  ROAD, IRWINDALE, CA 91706 (APN: 8417‐004‐006) IN THE M‐1 (LIGHT MANUFACTURING) ZONE AND  MAKING  CERTAIN  FINDINGS  OF  FACT,  PURSUANT  TO  THE  CALIFORNIA ENVIRONMENTAL  QUALITY  ACT”;  and  Resolution  No.  2022‐110‐3360,  entitled  “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING SITE PLAN AND  DESIGN  REVIEW  (DA)  NO.  04‐2020  FOR  THE  CONSTRUCTION  OF  ONE  (1) SPECULATIVE INDUSTRIAL TILT‐UP BUILDING TOTALING ±129,830 SQUARE‐FEET FOR THE PROPERTY LOCATED AT 4416 AZUSA CANYON ROAD, IRWINDALE, CA 91706 (APN: 8417‐ 004‐006) IN THE M‐1 (LIGHT MANUFACTURING) ZONE AND MAKING CERTAIN FINDINGS OF FACT.”
E.  NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business

1.  Approval of Fourth Amendment to the Exclusive Franchise Agreement for Waste Hauling Services  and  First  Amendment  to  the  Franchise  and  Facility  Operations  Agreement between the City of Irwindale and Arakelian Enterprises, Inc. dba Athens Services Recommendation:    i)  Approve  the  Fourth  Amendment  to  the  Exclusive  Franchise Agreement for Waste Hauling Services; ii) approve the First Amendment to the Franchise & Facility Operations Agreement between the City of Irwindale and Arakelian Enterprises, Inc., dba Athens Services; and iii) find the approval of the amendments exempt from the November 17, 2022

provisions  of  the  California  Environmental  Quality  Act  (CEQA)  pursuant  to  Section 15061(b)(3) of the CEQA Guidelines in that CEQA applies only to projects which have the potential  for  causing  a  significant  effect  on  the  environment  which  these  contract amendments do not have such potential.

2.   Special  Election  for  Water  Quality  Authority  Alternate  Board  Member  Representing Cities with Prescriptive Pumping Rights
Recommendation:  Discuss and provide direction.

3.    Calle de Paseo Red Curb Study
Recommendation:   Receive the Calle de Paseo Red Curb Study conducted by Iteris, and direct staff to implement the recommendations identified in the staff report.

F.  ADJOURNMENT
AFFIDAVIT OF POSTING
I,  Laura Nieto,  Chief Deputy  City  Clerk,  certify  that I  caused  the  amended  agenda  for  the  special meeting  of  the  City  Council  and  the Successor Agency to be held on Thursday, November 17, 2022, be posted at the City Hall, Library, and Post Office on Wednesday, November 16, 2022 at 2:45 p.m.

Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
*Amended items are bolded, italicized, underlined and highlighted l8J City Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: November 17, 2022
City if
IR\¥INDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item C-A
Issue: Request to approve the parade permit and a Fee Waiver for the procession or parade license fee for the "Our Lady of Guadalupe Church Fiesta" procession being held by Our Lady of Guadalupe Church on December 10- 11 , 2022.

City Manager's Recommendation:

That the City Council adopt Resolution No. 2022-111-3361 entitled: "A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE PARADE

PERMIT AND A FEE WAIVER FOR THE PROCESSION LICENSE FEE FOR THE OUR LADY OF GUADALUPE CHURCH FIESTA ON DECEMBER 11 , 2022" Waiving further reading.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development
Director
(626) 430-2209 Electronically Approved
Prepared by:

Jeff Tyler, Senior Code Enforcement Officer '\J J ---l ~ (626) 430-2270 ~ ~
Reviewed by:

Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer _ _ _ 4 __ ~-----.--- ,,,, Approved by:

Julian A. Miranda, City Manager
01005.0001/836413.1 Page 1

BACKGROUND AND ANALYSIS
Our Lady of Guadalupe Church is requesting a fee waiver. Our Lady of Guadalupe Church plans to have their annual "Our Lady of Guadalupe Church Fiesta" taking place on Saturday, December 10, 2022 and Sunday, December 11 , 2022, which will include a procession honoring Our Lady of Guadalupe which is a multicultural community event that traces its roots back to the 161h Century in what is now modern day Mexico City. The procession while honoring Our Lady of Guadalupe also honors and incorporates Aztec and European symbolism, is a free community event open to the public that will be held on Sunday, December 11 , 2022 from 2:00 p.m. - 4:00 p.m. The procession will start at Our Lady of Guadalupe Church, 16025 E. Cypress Street at 2:00 p.m. and will end at Our Lady of Guadalupe Church at 4:00 p.m.

The original procession route submitted by the applicant included a route through a residential area and after meeting with City staff the procession route has been revised as follows to address safety concerns. Participants will gather at the starting point, Our Lady of Guadalupe Church. The route of the event will be to head west on Cypress Street to Irwindale Avenue where the procession will turn right heading north on Irwindale Avenue until reaching Calle De Paseo. At Calle De Paseo, the procession will turn right heading east and then turn left on the service road in front of City Hall. At the service road, the procession will head north to Calle De Norte. At Calle De Norte, the procession will turn left heading west to Irwindale Avenue. At Irwindale Avenue, the procession will turn left and head south to Cypress Street.

At Cypress Street, the procession will turn left heading east where the procession will return to Our Lady of Guadalupe Church. The procession for this event will include two pick-up trucks carrying religious images, churros, dancers and approximately 300 participants who will be walking in the nonreligous procession. All religious ceremonies will take place onsite at Our Lady of Guadalupe Church, which is unrelated to the procession for which the fee waiver is sought.

In order for Our Lady of Guadalupe Church to host this multicultural community event, the City of Irwindale requires a Special Event Permit, a Parade Permit and a Procession or Parade License, which includes a fee of $4,677.00. Our Lady of Guadalupe Church has paid the required Special Event Permit application of $150.00 and this permit will be issued prior to the event date.

On November 10, 2022, the Church submitted a Fee Waiver request for the Parade or Procession License fee of $4,677.00 to make this event possible.

The applicant's request to waive the Parade/Procession fees meets the criteria for consideration of a fee waiver according to the City of lrwindale's Fee Adjustment Policy.

The Policy encourages investment in community events, as well as development and improvements to facilities used by local, not-for-profit or charitable organizations which cater to the residents and businesses of the City.

In accordance with the approved "City of Irwindale Fee Adjustment Policy." This event qualifies for a fee waiver according to Section I, subsection H. "Any other fee the City may deem necessary to achieve the stated goals of this Policy" and Section II, subsection (2) (a), as this event will "Benefit the community." The Church is a non-profit organization and the procession provides a public benefit by supporting cultural, civic and community peace and understanding.
01005.0001/836413.1 Page 2

FISCAL IMPACT
The approval of this item will result in a total fee waiver of $4,677.00.

ATTACHMENTS
A - Resolution 2022-111-3361
B - Waiver Request, dated November 10, 2022
C - Special Event Permit Application
D - City of Irwindale Fee Adjustment Policy
E - City of Irwindale Application for Fee Adjustment
01005.0001/836413.1 Page 3
Attachment A
RESOLUTION NO. 2022-111-3361

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING THE PARADE PERMIT AND A FEE WAIVER FOR THE

PROCESSION LICENSE FEE FOR THE OUR LADY OF GUADALUPE
FIESTA ON DECEMBER 10- 11, 2022
WHEREAS, Our Lady of Guadalupe Church, the Applicant, submitted a Special Event Permit application to the Community Development Department on October 20, 2022 for City of lrwindale("City") approval of a special event "SEP 14-2022 Our Lady of Guadalupe Fiesta" taking place on Saturday, December 10, 2022 and Sunday, December 11, 2022; and
WHEREAS, the Fiesta is a multicultural community event that traces its roots back to the 161h Century in what is now modern day Mexico City. The procession, while honoring Our Lady of Guadalupe, also honors and incorporates Aztec and European symbolism and incorporates a procession. The Applicant is required under Irwindale Municipal Code (IMC) Section 10.44.080 "Parade Permit Requirements" to have City Council approval of a parade or procession permit; and WHEREAS, the Applicant, being a non-profit community based organization within the City is holding a community event which qualifies for a fee waiver according to the approved "City of Irwindale Fee Adjustment Policy;" WHEREAS, The procession for this event will include two pick-up trucks carrying religious images, churros, dancers and approximately 200 participants who will be walking in the nonreligous procession, and all religious ceremonies will take place onsite at Our Lady of Guadalupe Church, which is unrelated to the procession for which the fee waiver is sought; and
WHEREAS, the event qualifies for and the City Council desires to waive the $4,677.00 Procession fee in accordance with the City of Irwindale Fee Adjustment Policy because the Church is a non-profit organization and the procession provides a public benefit by supporting cultural, civic and community peace and understanding.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS
FOLLOWS:
01005.0001/836411 .1
Resolution No. 2022-111-3361

SECTION 1. City Council hereby approves the issuance of a parade permit for the special event "SEP 14-2022 Our Lady of Guadalupe Fiesta" procession taking place on December 11, 2022.

SECTION 2. The City Council finds that waiving the Procession License fee of $4,677.00 forth is special event"SEP 14-2022 Our Lady of Guadalupe Fiesta" which includes a procession that serves a valid public purpose of providing a public benefit by supporting cultural, civic and community peace and understanding.

SECTION 3. Based on the above finding, the City Council hereby approves the City of Irwindale Application for Fee Adjustment and hereby waives the Procession License fee of $4,677.00.

SECTION 4. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

PASSED, APPROVED AND ADOPTED this 17th day of November 2022.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
Larry G. Burrola, Mayor
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-111-3361 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 17th day of November 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:
01005.0001/836411.1
Resolution No. 2022-111-3361

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0001 /836411 .1
Resolution No. 2022-111-3361

November 10, 2022
Re: Our Lady of Guadalupe Church Fiesta
December 10, 2022 and December 11, 2022
Hello Randy,
Attachment B
First of all, I want to thank you and the city for all the support that we had received in the past to Our Lady of Guadalupe Catholic Church.

Also, I want to thank you in the name of Our church Communication and information about our request for our annual fiesta in honor to Our Lady of Guadalupe.

The Fiesta is an event to raise funds for the needs of the church - As you know we depend basically in the donations from our parishioners, lately after the pandemic, these donations decreased, so we need to do specials events so we can alleviate the cost of maintenance and repairs.

For this reason, I am requesting to you the possibility of a waive the procession fee of $4,677.00 - because we are not really a business, but a nonprofit organization, in the name of the community of Our Lady of Guadalupe, we appreciate all the attention you are giving to our request.

Blessi
Deacon J
Special Event Permit Application
City of Irwindale • Community Development Department
5050 Irwindale Avenue• Irwindale, California 91706 • (626) 430-2208 Attachment C
By completing the information requested, this application will serve as a request for approval of a special event/temporary use permit. Planning Division staff will assist you in completing this application and can be reached at (626) 430-2208. Planning Division counter hours are 8:00 AM to 6:00 PM, Monday through Thursday.

The Planning Division requires that Special Event Permit Applications be completed and submitted for processing and application fee paid at least thirty (30) calendar days prior to the date of the proposed event. PLEASE NOTE:

Applications submitted less than ten (10) calendar days prior to a proposed event WILL NOT, be accepted. Submission of a Special Event Permit Application is not a guarantee that your event can be permitted. It Is recommended that you. do not promote your event until you've received confirmation from the Community Development Department that your event may proceed.

Event Information,
Name of Proposed Event: OUR LADY OF GUADALUPE CHURCH FIESTA ~ w
Location of Event: 1j025 EAST CYPRESS STREET, IRglNDALE CA 91706 ~~~~~~~~~~~~~~~~~ Event Date(s) and Event Hours: DECEMBER 1 OTH 8:00 AM - 11 :00 PM, DECEMBER 11TH 8:00 AM TO 11 :00 PM On-site Contact(s):Fr. HECTOR WILLIAM RODRIGUEZ
Please give a detailed description of the proposed event. (Attach separate sheets, if necessary.) CARNIVAL, RIDES, FOOOT BOOTHS, GAME BOOTHS, ETC., PROCESION ON DECEMBER 11TH AT FROM 2:00 TO 4:00 PM IT WILL START ON OLG CHURCH 16025 EAST CYPRESS STREET, CONTINUE ON IRWINDALE UNTIL CALLE BRECEDA RIGHT, UNTIL THE TOP, LEFT ON MARTINEZ, LEFT ON IRWINDALE AND LEFT ON CYPRESS TO FINISH AT OLG.

Please list all temporary equipment (e.g. tents, fencing, canopies, stages, seating equipment, carnival rides, ticket booths, food booths, vendor booths, etc.) or temporary facilities (e.g. restrooms, etc.) that will be used in conjunction with this event. (Please indicate the location of all temporary equipment and temporary facilities on the site plan.)

TENTS, STAGE, CHAIRS, CARNIVAL RIDES, TICKET BOOTHS, VENDOR BOOTHS, FOOD BOTHS, PLOT PLAN ATTACHED Will there be any type of entertainment (live or recorded)? 0 Y D N If yes, please provide specific details of the nature of entertainment (e.g. names of entertainers, dates and hours of appearance, etc.) and attach a schedule of events.

MUSIC BANDS, DJ, FOLKORICO DANCERS
Will this event consist of any vendors? 0 Y 0 N If yes, please indicate the total number of vendors and the type of (sales food or merchandise) that will be conducted during this event. In addition, provide a list of all vendor names, including vendor business address, contact person's name and telephone number. (Please indicate vendor locations on site plan.)

FOOD BOOTHS PROVIDED BY CHURCH MINISTRIES
TYPE. OF BOOTHS NOTE.D - NOT PLOT PLAN
Will alcoholic beverages be sold or served during the event? D Y [2] N If yes, please indicate the date and hour that alcoholic beverages will be available for consumption. (Please indicate the location of all alcoholic beverage booths on the site plan.) NIA
~~~~~~~~~~~~--------------------------
Is there an admission fee to this event? D Y 0 N If yes, what is the admission fee? _____ Are tickets being sold In advance? D Y [2] N If yes, please indicate source of ticket sales. NIA ~---------------
Revised 08/16/2022 Page 1
Special Event Permit Application
Is there a parking fee for this event? D Y 0 N If yes, what Is the parking fee? _N_IA ___ _ (Please, attach a detailed plot plan of the parking site. Pian should Include lane access and. exits.) Is this event being advertised?
newspaper, mers, etc.) FLIERS
0vON If yes, please Indicate the source of advertisement (e.g. radio, television, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-
An tic i pated daily attendance: APROX. 600 ~~~~~~~~~~~~~~~~~~~~~ ~~~ ~~~ The City of hwlndale requires private security at ail special events. Please submit the company name and the proposed security plan for this event. Plan must Include security deployment for the event area, parking site, and traffic control.

PRIVATE SECURITY COMPANY
... " . . ... . ·. \ .· .. ::. , t " I
··.: .. .. · · "., Pr9Pf!.rlY Ow.ner Certification · ....... :·"···· .

I cerllfy that I am presently the legal owner of the above-described properly. Furlher, I acl<nowladge the filing of this application and cerl/fy that all of the above Information Is true and correct. (If the undersigned Is different from the legal property owner, a ·. . : : .. ~· : .. : : ·'. ·.:
letter of authorization must accompany this form.) = _ ~ // Print
Michael
Name
T. Davitt,
and Tiiie
Director Real Estate 4-_
' ature
~
'3424 Wilshire Blvd, Los Angeles CA 90010
Address
213 637 7273 [email protected] 10-05-2022
Phone Number Date
. · .. '·" Applicant Certification . . : ·- :, ·.'··· ·. Any false, misleading or fraudulent statement of .n:i.a!erl.al fact In the required application shall be grounds for denial of tl)e , appilcatlon fqr special/temporary ~s~ P.e~mlt. ., : ... · '· ":·: ..... ·" :.- ' ';·:.

I have used all reasonable dll/gence In completing this form. I have reviewed the form and to the best of my knowledge the Information contained herein Is true ari,d corripfe.!e, I pe[f/fy u_nder penally of perjury unde the foregoing Is true and correct. " : · · " ' .. . :, :~ ·:-_,";: ... ;· : . ":

FR. HECTO.R Wlq...IAM RODRIGUEZ.· · ·
Print Namf!, and Tl/le
· .. .... '· i ...
16025 EAST CYPRESS STREET, IRWINDALE CA 91706 . \: :. \ . ·. . :
., :. ··-.· '·
: . \
: · :
· .. ··· ..
··. ·.··
: . "~
. · . . ." . ·.
! ;
Address '· : ·
626 962 3649 [email protected] • · ., • : i .
"· .: "., "-E·maJI Addr~~s .... . . : • : • •• 1 •••• ::·· Phone Number Data

INDEMINIFICATION CLAUSE FOR SPECIAL EVENT PERMIT
The Appllc;~nt here after "lnde~nltqr" agr~e~ t~ th~ fc;i!lo1Nlng Indemnification clause: ·. · · ~ .. ' ; . 1ndemn1tor fr. e c , :· "; (o ~ . ·~· .. .. , · "· ~oJn' :,."'~ha111ndamn1fy. protect. defend and hold harmless the City of Irwindale (Cl(y , Its officers, officials, employees, agents nW'folunteers ("Indemnified Parties") from and against any and all damages to property or Injuries to or deal~ .of any person or persons, and shall defend, Indemnify, save and hol.d harmless the City, Its officers, officials, employees, agents and volunteers from any and all claims, demands, suits, actions or proceedings of any kind or nature, Including, but not by way of limitation, all clvll claims, workers' compensation claims, and all other claims resulting from or arising out of the acts, errors or omissions of lndemnltor, Its officers, agents and/or employees, whether Intentional or negligent, (collectlvely, "Claims") In the performance of this Agreement. In addition to bearing the full cost and expenses of defending the City, the lndemnltor shall Indemnify, protect, defend and hold harmless the Indemnified Parties from and against any and all losses, liabilities, damages, costs and expenses, Including legal counsel's fees and costs re11ultlng or related to any such Claims.

I HAVE READ AND UNDERSTAND THE ABOVE \.l_r \ e ' .2. 0 Z. 2- Revised 09/16/2022 Page2
Special' Event Permit Application
Minimum Requirement Checklist For SEP Flllng
IZ] 1. Completed Special Event Permit Application - Signed by applicant and property owner.

D 2. Completed and signed by applicant - "Indemnification Clause for Special Event Permit." (SEP Applicatlqn Page 2).

D 3. Attach a detail~d site plan of the event; plan should Include the following information (if applicable):
• Location of all temporary equipment
• Vendor Locations
• Parking site (Including lane access and exists)
0 4. Special Event Application fee. SEP appllcat!on cannot be accepted and processed until required fee Is paid.

D 5. The applicant shall require all vendors that are expected to make any taxable sales transactions at this Irwindale event to complete form BOR-530-8 REV. 4 (10-98) LOCAL TAX ALLOCATION FOR TEMPORARY SALES LOCATIONS AND .CERTAIN AUCTIONEERS, and to submit the completed form to the California State Board of Equallz<!~l on . . :· .. : : .. :::: .. '·_:: · .: · · ·:,: \.' · << . " D 6. The event organizer .and all event vendors are required to obtain a City of Irwindale business license. Business license applications must be filed onllne and have all fees paid prior to the event. Contact (626)430-2252 for additional Information. Apply online at htto://www.irwln dal ca gov/lnde asp ?NID=186.

D 7. The Countv of Los Angeles Public Health Department requires that the event organizer and all food vendors (Including restaurants) participating In the event must obtain a Temporarv Food Facility ITFF) permit.

LA County Departm~nt of Public HE!alth, ~nvlrqnmental Health Division: http://www.publichealth.lacounty.gov/eh/ Additional Requirements For Irwindale Speedway & Event Center (aka Irwindale Speedway) Fiiing D 8. All Special Events shall be pre-approved. ~y the City and shall take place in City-approved areas within the Irwindale Speedway & Event Center site.

D 9. Attach a detailed site plan of the event; plan should Include the following Information (If appllcable) :
• The base for this required site plan shall be the Irwindale Speedway & Event Center Site Plan of Record that was approved by the .City or a clear C!E!flal I ~ of the entire site. · • Description of the pi.;irklng layout, vehicle circulation detail~. on-site traffic slgnage details, and drag strip layout for review and app~()¥i.;!I hy .the. f'l~nr:iir:ig ep<'!rlm~nt, Public Works/Engineering Department and by the Pollqe. D~p~rtmeni. .·:·::: · ":·=."· · · '• · .·· ... ._ ..

10. Please Note: If the SEP application for proposed IEC event Is submitted less than twenty (20) calendar days before the event, Applicant shall pay an additional fee of $250.00 for each day the application Is late. No SEP appllcallons will be processed if submitted le~!.> th~n ten. (10) days In advance. .. . ·· . .-. .. . -....

City Required Acco':mtl_ntf For Al.I A~tnis~lol)S An~_ Parking Fees Collected D 11 . In ac~~rdance with Irwindale Municipal Code Sec;tlon 3.04 the City charges an admissions tax upon every person who pays an admission charge to any place located In the City limits. All Special Events that are charnlnq an admissions fee are required to pay, along with other required application fees. an Admissions Tax deposit equal to 3% of the prolected gro~s In.come for .. the propo ~ed event. · · · · · ·

12. On or before the 15th day of the month following the special event. the applicant will give an accounting to the City of all taxable admissions and parking fees collected 'tor the special event by submittal of the completed "Admlsisons Tax Monthly Report" form. The Admissions Tax deposit received will be credited towards any additional laxes owed. The for.m can be found ol)lln.e on \he .City's i,yeQslle l,lnpef "Planning" at http://www.irwlndaleca.gov/.

Cancellation Policy · ' '. . ' ... : : . . . .. ·: : · \ "i ' · · · ....... ·

1. Should Event Organizer, for any reason, need to cancel their event; they must provide a wrlllen notice of cancellation and must be received in our office no later than ten (10) days prior to the event start date. Cancellations must be in written form; verbal cancellations will not be accepted.

2. Please keep in mind that Permit Fees are non-refundable. It is also possible that fees related to Police, Security, and/or Crossing Guard Servicell.wlll s~ill. ~~ incurred.

Additional Information
D The City of Irwindale requires a Certificate of Insurance (COi) which must reflect the followlng. • General liability Insurance. Permltee shall maintain commercial general llabillty insurance with coverage at least as broad as Insurance Services Office form CG 00 01, In an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily Injury, personal injury, and property damage. The policy must Include contractual liability that has not been amended. Any endorsement restricting standard ISO "Insured contract" language will not be accepted. The City of Irwindale, Its officers, officials, agents, and employees shall be included as additional insureds on the policy.

Revised 08/16/2022 Page 3
.. ..
.. ::- ·.
. '
. ·. ·.
.

I
Special Event Permit Application
Workers' Compensation with limits of $1 mllllon (Required if the Insured has paid employees) • Liquor Liability required if alcohol will be consumed at the event The Description of Operations/Locations, etc. section must Include the name of, the location of and the date(s) of the proposed special event.
• The Certificate Holder section must reflect:

City of Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
Endorsements: In addition to the certificate of insurance, the City of Irwindale requires an Additional Insured Endorsement page naming "The City of Irwindale, its elected officials, representatives, employees and agents" as additional Insured and "The policy Is endorsed with the Waiver of Subrogation In favor of the City of Irwindale, Its elected offlclals, representatives, employees and agents." You must provide a copy of the actual endorsement. Listing the City as an additional Insured on the COi is not sufficient.

Polley must be Issued by an admitted Insurer licensed to transact business In the State of California and by an lns~r~.r assigned al') AM. Best Rating "E?<?ell11_nf'. ~r better.

This event may be subject to permits, conditions and requirements imposed by other agencies. The City of Irwindale will not Issue a SJ>eclalftemporary p~rmit until all i:ippllcable permits from the following agencies have been applied for: . . . . .. . . . . . ~ . . . :._· . . : . ~ . . .

City of Irwindale Building & Safety Department
City of lrwlndale Police Department
Los Angeles County Fire Department
Los Angeles County Health Department
(626) 430-2205
(626) 430-2244, ext. 241
(626) 574-0949
(626) 813-3380
Upon review of Applicant's applicatlon, the City Manager will Impose such fees, terms, conditions and restrictions upon the operation and conduct of the special event or temporary use.

Required Fee With Application Submittal
0 $150 Irwindale resident SEP application fee.

IJa. $150 Non-ProfiVCharitable Organization SEP applicatlon fee. A Non-ProfiVCharitable Organization that holds a valld designation under 26 USC 501 (c)(3) or Its succe~sor,
D $500 SEP application fee if application is submitted 20 days or more in advance of the event.

D Late Fee: If the SEP application is submitted less than twenty (20) calendar days before the event, applicant shall pay an additional fee of $250.00 for each .day the appllcation is late. No SEP applications will be processed if submitted less than ten (10) days In advance. ·' ': · . : .. . .

This section Is for City of lrwlndale's Use Only.

Fiie No(s): t~ ~ Lo l 1..,, Permit No.:

Rece_lved By: = a:: S i \If "t Receipt No.: co lh~ 10'
Date: \ol1n'l1,0L-"L Filing Fee:'Jt \ c:;o. oo
Departmental Approvals Date r Date
Human Resources/Risk Management Business license ..._._ ,...__ Building & Public Safely Police Department ..._._ ,...__ Public Works Engineering Fire Department
- Public Works Services -
Revised 08/16/2022 Page 4
Special Event Permit Application
Special Event and Temporary Use Permit
Building and Safety Department checklist
Please provide the following on your site plan.

Answer the questionnaire at the column to the right. Where "YES" is checked, please contact Building & Safety at (626)430-2205. Items below may be subject to City permit approvals and Inspections by the local building inspector. !PARKING LAYOUT
· .. .

Is parking provided?
Requires accessible parking stall(s)

I RESTROOM
Permanent restroom facility available for the public?
Requires accessible restroom
Portable restrooms provided?
Requires accessible portable restroom
I GRANDSTAND, STAGE, PLATFORM .

Elevated more than 30 inches aoov_e finished floor or ground?

I TENT/CANOPY
Lar!:ler thcin 120 souare feet?
Larger than 4,500 square feet?
I STRUCTURES (I.E. SPEAKERS, CANOPIES, ETC.)
Greater than 12 feet in height?

I PLUMBING, ELECTRICAL, MECHANICAL
0YES D NO
0 YEs0 NO
D YEsD No
D YES0 NO
0YES 0No

DYES ONO
DvEs 0No
Any proposed work related to plumbing, mechanical, and/or electrical? DYES 0 NO Revised OB/16/2022 Page 5
. ··.

Tickets booths
B
Volunteers
/Security
R.E. Volunteer
Lourdes Lopez
D
Aguas Frescas-sodas
PARISH HALL/ Boutique and Bingo
English Ministries Ado~ci n Nocgtuma Divina Miserlcordia lecgores/Monitores Asociaci6n Guadalupana Mov. Familiar- CabaUer.os de Colon Panas - Hot dogs- T;im;iles- GJ Tacos de papa/
Snacks Elotes I Esquite Champurrado Pozo le Tacos de Asada/Pollo 6 s 4 2 1
Tables and Chairs

STAGE - MUSIC
City of Irwindale
Fee Adjushnent Policy
Attachment D
The City of Irwindale would like to encourage investment in communjty events, as well as development and improvements to facilities used by local, not-for-profit or charitable organizations which cater to U1e residents and businesses of the City. To aclueve this goal, the City is implementing this Fee Adjustment Policy to provide cost reduction for those non-profit organization applicants, which are taking action to improve and develop their prope1ties and/or the community. Additionally, the City would like to encourage individuals to improve their residential properties and acknowledges that ce1tain incentives may be necessary to accomplish certain improvements, such as adj ustrnents to applicable pe1111it fees. Tlus policy is based on the premise that, in exchange for improvements lo property, the comm.unity and structures with in the City, the City may provide relief from some of the costs associated with building improvements, developments and community events occurring in the City.

L ADJUSTMENTS ARE AVAILABLE FOR THE FOLLO'WING FEES
To achieve the City's goal of encouraging community events, bui lding improvements and developrncnt in the City, the fo llowing fees arc available for waiver or reduction in an amount deemed appropriate hy the City Council pursuant to the criteria in this Policy:

A. Building permits
B. Plan check fees
C. Conditional use permit
D. Development permits
E. Electric permit
F. Plumb ing permit
G. Grading permit
H. Any other fee the City may deem necessary lo achieve the stated goals of this Policy
II. CRITERIA FOR CONSIDERATION
The City Council may grant fee waivers or reductions or fees for app licants who directly or indirectly invest money in the City, when such waiver or reduction would serve a public purpose.

The following criteria must be established to qualify for a fee waiver or fee reduction:

I. Applicants for fee waivers or reductions must be:
a. Recognized by the Internal Revenue Service as a not-for-profit organization or charitable organization, or
b. Property owners or prospective owners within the City.

2. Pee waivers or reductions may be granted for improvements or devcl.opmcnts within City limits that can be shown, through documentary proof, to meet the criteria of subsection

2.a or 2.b below:
35853 vi
a. Benefit the community. This includes, but is not limited to, circumstances where the applicant:

1. Supports c1v1c or community programs for the City's residents, or businesses;

11. Provides financial assistance to the City's residents or businesses; or 111. [mproves the condition of property or availabi lity of affordable housing within the City.
b. Provide a public service or otherwise promote the public health, safety and welfare. This includes, but is not limited to, circumstances where the individual or entity provides needed donations or other assistance to residents and businesses of the City in areas such as:

1. health care;

11. counseling services;
m. abatement of dangerous or unhealthful living or working conditions, including but not limited to those constituting violations of the Irwindale Municipal Code;
iv. affordable housing;
v. transportation needs of residents or employees; or
v1. nutrition needs of residents.

Ill. PROCESS FOR CONSIDERATION
An individual or organization wishing to be considered for a fee waiver or adjustment should complete a fee adjustment application and submit it to the Deputy City Clerk. The City Manager will review the request and, if it meets the criteria of this Policy, agendizc the item for City Council review and consideration under the guidelines of this Policy. If the City Council finds that all the requirements have been met, the waiver will be granted and processed along with the pennit application. Alternatively, the City Council may reduce such fee in an amount it deems appropriate based upon its assessment of the level by which the proposed activity meets the criteria outlined in this Policy. The decision of the City Council on any fee waiver or reduction shall be final.
35853 vl
2 City of Irwindale
Application for Fee Adjustment
Property Owner Our Lady of Guadalupe Church
Address 16025 E. Cypress Street, Irwindale CA 91706
Phone (626) 962 -3649
Attachment E
Location of property to he improved/developed:--------------- Name and description of organization (if applicable):

Our Lady of Guadalupe Church
Improvement or development to the property:

Fee(s) requesting to be waived:

License fee for a parade or procession $4,677.00.

Public purpose served by improvement or development (attach documents that establish the benefit to the community or the promotion of the public health, safety, and welfare, or the public service that will be provided):

IZ!City Council
D Successor Agency
DHousing Authority
D Reclamation Authority
D Joint Powers Authority
Date: November 17, 2022
City if

IRVVINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Theresa Olivares, Assistant City Manager
CC Item C-8
Issue: Award of Contract for Architectural Design Services for Plans, Specifications and Cost Estimate for a New Public Library; P-1044
City Manager's Recommendation:

That the City Council adopt Resolution No. 2022-88-3338 entitled "A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF IRWINDALE CHANGING THE NAME AND PROJECT

ACCOUNT NAME OF THE LIBRARY EXTENSION/REMODEL PROJECT TO THE CITY OF

IRWINDALE PUBLIC LIBRARY IMPROVEMENT PROJECT, APPROVING THE AWARD OF CONTRACT TO CWA AIA, INC. IN THE AMOUNT OF $927,438 PLUS A 15% CONTINGENCY IN THE AMOUNT OF $139,116 FOR ARCHITECTURAL DESIGN

SERVICES FOR PLANS, SPECIFICATIONS AND COST ESTIMATE FOR A NEW PUBLIC LIBRARY, AND . APPROVING THE TRANSFER OF $2,016,645.50 FROM THE

RECREATION/LIBRARY BUILDING IMPROVEMENTS PROJECT TO THE CITY OF IRWINDALE PUBLIC LIBRARY IMPROVEMENT PROJECT."
Administrative Action:

Submitted by:

Arsanious Hanna, Director of Engineering/Building Official Prepared by:

Luis Pimentel, Assistant Engineer
(626) 430-2259
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Theresa Olivares, Assistant City Manager
Electronically Approved
Electronically Approved

Background and Analysis:

On July 9, 2019, staff issued Requests for Proposals (RFP) for professional design services for the preparation of plans, specifications and cost estimates (PS&E) for the Irwindale Public Library Extension Project. Staff evaluated each proposal received and ranked each consultant based on technical competency, project understanding, experience, staff qualifications and availability, and history. Staff determined CWA, AIA Inc. was the most qualified firm for the project, and recommended awarding the contract for design services to them.

On August 14, 2019, the City Council awarded the contract for professional design services for the Irwindale Public Library Extension Project to CWA AIA, Inc.

During the preliminary design phase of the Irwindale Public Library Extension Project, it was requested by administration to look for possible alternative sites for a new standalone library facility. Multiple locations were considered and discussed for the new facility and at the March 9, 2022 City Council meeting, Council approved the recommended location of the new standalone facility in the open grass area west of the current library.

Since the scope of work for this project changed from a building extension to a new facility, staff changed the name of the project from the "Library Extension Project" to the "City of Irwindale Public Library Improvement Project". Staff also needed to prepare and send out an RFP for the architectural design services for plans, specifications and estimate for the new library facility.

On April 19, 2022, staff issued a Request for Proposal (RFP) for the architectural design services for PS&E for a new public library. Staff received proposals from three (3) architectural firms on May 10, 2022 but due to scheduling conflicts within the city, the award of contract was postponed. In November 2022, staff reached out to the 3 architectural firms to request an updated proposal with the following results:

PROPOSALS FOR ARCHITECTURAL DESIGN

SERVICES FOR THE PS&E FOR

THE NEW PUBLIC LIBRARY

CONSULTANT RANKING FEE PROPOSAL
CWAAIA Inc. 1 $927 438
PLUMP Engineering Inc. 2 $969,174
COAR Desion Group 3 $974 342
Staff evaluated the proposals from each consultant based on technical competency, project understanding, experience, staff qualifications and availability. CWAAIA, Inc. was determined to be the most qualified for the project and staff recommends awarding the architectural design contract for the new public library to them.

Fiscal Impact:

Funding for these Capital Improvements Program (CIP) Projects are currently budgeted in the FY 2022/2023 Adopted Budget as follows:

CIP Project No. 8228 - Recreation/Library Building Improvements CIP Project No. 8230 - Library Extension/Remodel Project $3,022,370.50
$ 335,526.75
With Resolution 2022-88-3338, staff is requesting a budget transfer of $2,016,645.50 from CIP Project No. 8228 to 8230, and change CIP Project No. 8230 name from Library Extension/Remodel Project to the City of Irwindale Public Library Improvement Project.

This change will consolidate all the funding for the new library under one CIP Project number and provides sufficient funding for the Architectural design services for the PS&E for the City of Irwindale Public Library Improvement Project. This Project is funded by the General Fund under Account Number 48-80-800-45200-8230.

Additionally, the city has been awarded $500,000 in targeted grant funding in AB 179 through the assistance of Assemblywoman Rubio. The City anticipates receiving these funds by the end of 2022 and will utilize these funds to pay for the services rendered by CWA AIA, Inc.

Attachments:
• Contract Agreement for Architectural Design Services
• Resolution 2022-88-3338

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND
CW A AIA, INC.

FOR

ARCHITECTURAL DESIGN SERVICES FOR PLANS, SPECIFICATIONS AND COST ESTIMATE FOR A NEW PUBLIC LIBRARY; P-1044
This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 17th day of November, 2022 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation ("City") and CW A, AIA Inc., 320 Arden Avenue, Suite 210, Glendale, CA 91203 ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

2. COMPENSATION

2. 1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Nine Hundred Twenty Seven Thousand Four Hundred Thirty Eight and 00/100 Dollars ($927,438.00) ("Contract Sum").
0 LOOS.OOOL /836519.1 1

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incuned are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incmTed by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City wanant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to fifteen percent (15%) of the Contract Sum but not exceeding a total amount of One Hundred Thirty Nine Thousand One Hundred Sixteen and 00/100 Dollars ($139,116) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE
3 .1 Time of Essence. Time is of the essence m the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of 01005.00011836519.1 -2-
the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Atticle 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").

4. COORDINATION OF WORK
4 .1 Representative of Consultant. Mr. Stephen E. Finney, AIA is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City info1med of any changes.

4.2 Contract Officer. Ms. Theresa Olivares [or such person as may be designated by the Assistant City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perfonn all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
01005.0001/836519.1 -3-

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CGOOOl or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or eguivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1 ,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
( d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.
0 I 005.0001/836519.1 -4-
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thitty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City.

City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City's Risk Manager or other designee of the City due to unique circumstances.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Pa1iies") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or prope1ty, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asse1ted or claimed by any person, furn or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occmTing as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract 01005.0001/836519.1 -5-
Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and h·anscripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Consultant gives the City notice of such cowt order or subpoena.
( c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
( d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, inte1rngatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.
01005.000 1/836519.1 -6-

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event oflitigation in a U.S. District Court, venue shall lie exclusively in the Central Dish·ict of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work perfo1med after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, coITect or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Govenunent Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for 01005.0001/836519.1 -7-
the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the nonterminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 .2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N Irwindale Ave, Irwindale, CA 91706 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. Th.is Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of th.is Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a comt of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement 01005.0001/8365 19. l -8-
which are hereby declared as severable and shall be interpreted to cany out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant's Authorized Initials ---

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly 01005.0001 /836519.1 -9-
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions ofthis Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures on the following page.]
0 I 005.0001/836519.l -10-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:

CITY OF IRWINDALE, a municipal corporation
Theresa Olivares, Assistant City Manager
CONSULTANT:

CWA AIAinc.

By: ______________ _
Name:

Title:

By: ______ ________ _
Name:

Title:

Address: ------------
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01005.0001/836519.1 -11-

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, . personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by bis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed tbe instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the forego ing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:------ ---------

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudu lent reattachment of this form.

CAPACITY CLAIMED BY SIGNER

D INDIVIDUAL
0 CORPORA TE OFFICER

TITLE(S)

PARTNER(S) D
D

ATTORNEY-IN-FACT

TRUSTEE(S)

LIMITED

GENERAL
D
D
D
D
D

GUARDIAN/CONSERVATOR
OTHER ------------~
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
0 l 005.0001/836519.1

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the Jaws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ______________ _

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER

D INDIVIDUAL
0 CORPORA TE OFFICER
TlTLE(S)

PARTNER(S) D
D

ATTORNEY-IN-FACT

TRUSTEE(S)
LIMlTED

GENERAL
D
D
D
D
D

GUARDIAN/CONSERVATOR
OTHER -----------~
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01005.0001/836519.l

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A. Schematic Site planning including review of existing parking uses/requirements for the surrounding Public Buildings.

B. Provide a Geotechnical Report for the proposed site.

C. Provide an ALTA/Site Survey of the area including utilities as available from the City and Providers.

D. Set up programming for the library building and help designate areas within the library for functionality and uses.

E. Architectural Services for a two-story design solution.

F. Interior Design Services including selection of interior Finishes, Furnishings and Fixtures/Casework.

G. Design services for Structural, Civil, Mechanical, Electrical and Plumbing Engineering.

H. Plans for grading and drainage of site and striping and signage for the new parking lot.

I. Low Voltage Design including Security, Telecommunications, Data and cabling, J. Design services for AudioNisual Systems.

K. Graphics and Signage Design and bid package.

L. Cost Estimating, Preliminary Estimate and at 100% Construction Documents.

M. Design services for Fire-Life Safety systems.

N. Landscape Architecture for the area surrounding the Library.

0. Technical Specifications for the Project.

P. Two Renderings and all building elevations of the Library.

Q. Provide technical support during the construction bid process and post bid evaluation process, including answering bidder's questions, evaluation of the lowest responsible bidder, qualifications and references, and the overall integrity of their bids. Provide technical suppo1i to the City's Contract Administrator during the construction period to:
01005.00011836519.1 A-1
a. Answer questions from City staff concerning the project's design, plans and specifications, both over the phone and at the project site. b. Prepare detailed drawings as needed for clarification of the design documents and contractor's Request for Information.
c. Review contractor's submittals during construction.
d. Perform field observation during construction
e. Review contractor's Request for Change Order
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Plans, specifications and cost estimates for new library facility in printable format.

III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
01005.0001/836519. 1 A-2
01005.0001/836519. 1
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
NIA
B-1
EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

Task 1 Conceptual $55,64 6 Design
Task 2 Schematic $102,018 Design
Task3 Design Development $176,213
Task 4 Construction Documents $380,249
Task 5 Bidding and Plan Check $18,549
Task6 Construction Observation $176,213
Task 7 Project Close $18,549 Out
Total $927,438
C-1
01005.0001/8365 19.1
Proposal Cost Breakdown
Hourly Rates of all personnel assigned to the project. These rates will be used for performing additional work outside the official scope of the project.

Architectural - CWA AJA, Inc.:

A'incipal
Director of Discipline
A'oject Archttect/A'oject IVBnager
Archttect/Job Captain
Interior Designer
Construction IVBnager
&3nior Draftsperson
Draftsperson
Junior Draftsperson
Clerical
Consultant
structural - WIN structural Consuffants:

A'incipal
Associate Principal/Consultant
A'oject fll'llnagement Consultant
Safi Consultant
&3nior staff Engineer
Safi Engineer
A'oject Engineer
&3nior Drafter (SIM Technician)
Drafter
A'oject Administrator
Engineering Aid
Mechanical /Plum bing -The ~llivan Partnership Inc.:

A'incipal
Engineer
&3nior Associate
Associate
Drafter
01005.0001/836519.1 C-2
$185.00
$175.00
$115.00
$90 .00
$90 .00
$90.00
$80.00
$75.00
$65.00
$65.00
Cost Plus 10%
$330.00
$290.00
$275.00
$250.00
$235.00
$205.00
$191.00
$211.00
$179.00
$140.00
$118.00
$200.00
$150.00
$125.00
$100.00
$90 .00
Electri calTTelecommolow Voltage - O~ Electrical Engineers, Inc.:

Aincipal
Associate/Supervising Engineer
Corrrnissioning Engineer
A'ojecl Engineer
A'ojecl Mlnager
Senior Designer
Designer
Comnissioning Speciali!l
BINVRev~
Drafter
Clerical
Civil -Barbara L. Ha ll, Inc.:

A'incipal Civil Engineer
A'ojecl Mlnager
8ruclural Engineering
Assistant Civa Engineer
Designer
Draftsman
Research Technician
Landscaping -TCLA, Inc.:

Minaging Principal
A'incipal In Charge
A'oj ecl Mrnager
Job Captain
Mminiarative staff
$275.00
$220.00
$210.00
$200.00
$190.00
$180.00
$160.00
$150.00
$130.00
$120.00
$100.00
$168.00
$155.00
$165.00
$150.00
$108.00
$98.00
$72.00
$175.00
$140.00
$125.00
$95.00
$70 .00
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for the Services shall not exceed $ 927 ,438 as provided in Section 2.1 of this Agreement.

V. Consultant's billing rates for all personnel are attached as Exhibit C-1.

C-3
0 I 005.0001/8365 19. l
EXHIBIT "D"

SCHEDULE OF PERFORMANCE
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the Services or for one (1) year from the date hereof, whichever comes first. The term of this agreement can be extended with for a twelve-month period with written notice issued by the Director of Engineering/Building Official.

D-1
01005.0001/836519.l
RESOLUTION NO. 2022-88-3338

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE CHANGING

THE NAME AND PROJECT ACCOUNT NAME OF THE LIBRARY

EXTENSION/REMODEL PROJECT TO THE CITY OF IRWINDALE PUBLIC LIBRARY

IMPROVEMENT PROJECT, APPROVING THE AWARD OF CONTRACT TO CWA AIA, INC. IN THE AMOUNT OF $927,438 PLUS A 15% PROJECT CONTINGENCY IN THE AMOUNT OF $139,116 FOR ARCHITECTURAL DESIGN SERVICES FOR

PLANS, SPECIFICATIONS AND COST ESTIMATE, AND APPROVING THE TRANSFER OF $2,016,645.50 FROM THE RECREATION/LIBRARY BUILDING

IMPROVEMENTS PROJECT TO THE CITY OF IRWINDALE PUBLIC LIBRARY

IMPROVEMENT PROJECT
WHEREAS, in August 2019, the Irwindale City Council awarded the contract for professional design services for the Irwindale Public Library Extension Project; and WHEREAS, during preliminary design, administration requested alternative sites for a new standalone library facility be considered; and WHEREAS, at the March 9, 2022 City Council meeting, Council approved new location for the library facility; and
WHEREAS, the scope of work for the project has changed such that a change in project title and the account name for the project from Library Extension/Remodel Project to City of Irwindale Public Library Improvement Project is required; and WHEREAS, on April 19, 2022, staff issued a Request for Proposals (RFP) for the architectural design services for plans, specifications and cost estimate for a new public library. Staff received proposals from three (3) architectural firms on May 10, 2022 but due to scheduling conflicts within the city, the award of contract was postponed. In November 2022, staff reached out to the 3 architectural firms to request an updated proposal; and
WHEREAS, based on an evaluation of the proposals from each consultant based on technical competency, project understanding, experience, staff qualifications and availability, CWA AIA, Inc. was determined to be the most qualified for the project; and WHEREAS, the costs for design of plans, specifications and estimate for the new library facility is approximately $1 ,070,000, exceeding the budgeted amount; and WHEREAS, a transfer of the $2,016,645.50 balance from the Recreation/Library Building Improvements Project is requested to cover the costs for design of plans, specifications and estimate for the new library facility, Resolution No. 2022-06-3255

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby approves the change of project name and change of the project account name from Library Extension/Remodel Project to City of Irwindale Public Library Improvement Project.

SECTION 2. The City Council hereby approves the award of contract to CWA AIA, Inc. in the amount of $927,438 for architectural design services for plans, specifications, and cost estimate for a new public library, attached hereto as Exhibit "A," and authorizes the Assistant City Manager to execute the same. The City Council also approves, as part of the contract, a 15% Project contingency in the amount of $139, 116.00 to cover any unforeseeable changes that may arise during project design.

SECTION 3. The City Council hereby approves the transfer of $2,016,645.50 from the Recreation/Library Building Improvements Project to the City of Irwindale Public Library Improvement Project budgeted account.

SECTION 4. That the Chief Deputy City Clerk shall attest to the adoption of this resolution, which shall, in turn, have immediate effect.

PASSED, APPROVED and ADOPTED this 171h day of November 2022.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
Larry G. Burrola, Mayor
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-88-3338 as duly adopted by the City Council of the Resolution No. 2022-88-3338

City of Irwindale, at a regular meeting held on the 17th day of November 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2022-06-3255

1:8:1 City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
D Joint Powers Authority
Date: November 17, 2022
Cttyof
IR\VINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 0-1
Issue: The Applicant is requesting a Site Plan and Design Review (DA) for the construction of a ±129,830 square-foot concrete tilt-up building and associated parking located at 4416 Azusa Canyon Road. (APN: 8417-004- 006)
City Manager's Recommendation:

That the City Council consider the Planning Commission's Resolution Nos. 813(22) and 814(22) recommending the City Council adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and approve Site Plan & Design Review (DA) No. 04-2020 to allow the development of a ±129,830 square-foot concrete tilt-up building and associated parking located at 4416 Azusa Canyon Road; and Adopt:
1) Resolution No. 2022-109-3359, entitled "A RESOLUTION OF THE CITY

COUNCIL CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE

MITIGATED NEGATIVE DECLARATION (MND) AS AMENDED BY THE

IMPOSITION OF A SUBSTITUTE MITIGATION MEASURE, AND

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR
THE CONSTRUCTION OF ONE (1) SPECULATIVE INDUSTRIAL TILT-UP BUILDING TOTALING ±129,830 SQUARE FEET FOR PROPERTY LOCATED AT 4416 AZUSA CANYON ROAD, IRWINDALE, CA 91706 (APN: 8417-004- 006) IN THE M-1 (LIGHT MANUFACTURING) ZONE AND MAKING CERTAIN

FINDINGS OF FACT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT'; and
2) Resolution No. 2022-110-3360, entitled "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROVING SITE PLAN AND DESIGN REVIEW (DA) NO. 04-2020 FOR THE CONSTRUCTION OF ONE (1) SPECULATIVE INDUSTRIAL TILT-UP BUILDING TOTALING ±129,830 SQUARE-FEET FOR THE PROPERTY LOCATED AT 4416 AZUSA CANYON ROAD, IRWINDALE, CA 91706 (APN: 8417-004-006) IN THE M-1 (LIGHT MANUFACTURING) ZONE AND MAKING CERTAIN FINDINGS OF FACT." Administrative Actions:

Submitted by:

Marilyn Simpson, AICP, Community Development
Director
(626) 430-2209 Electronically Approved
Prepared by:

Brandi Jones, Senior Planner
Reviewed by:

Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer
Approved by: 7
Julian A. Miranda, City Manager

REQUEST
The Applicant is requesting a Site Plan and Design Review (DA) for the construction of a ±129,830 square-foot concrete tilt-up building and associated parking located at 4416 Azusa Canyon Road, within the City of Irwindale.

BACKGROUND/HISTORY
Based on a review of historical information, the project site appears to have been used as an orchard from at least 1928 until around 1952, when the site became vacant. The current main building was constructed in 1956 and was used by PepsiCo as a bottling plant. The site is presently developed with one building of approximately 62,713 square feet in the western half of the site, a large metal shed north of the building, and a loading dock and large truck yard on the eastern portion of the site (LACOA 2021 ). The building is a single-story structure of concrete tilt-up construction on a concrete slab floor. The bottling plant ceased operation in December 2020 and the site has remained vacant.

PLANNING COMMISSION REVIEW
On February 16, 2022, the Planning Commission conducted a duly noticed public hearing, closed the public hearing, and requested staff to provide more information on the traffic study and continued the meeting to a date uncertain. The transportation analysis from the technical appendices of the Mitigated Negative Declaration (MND) was routed to the Commissioners on February 17, 2022. The Commissioners also inquired about the difference between the preparation of the MND for the project instead of an Environmental Impact Report (EIR). In addition, the applicant team has taken Commissioner feedback from the February 16, 2022 public hearing and proposed some design changes. The full report, as presented during the February 16, 2022 Planning Commission meeting, is available on the project's dedicated webpage of the City website and attached as Attachment H. On March 16, 2022, the Planning Commission hearing was cancelled. On May 18, 2022, the Planning Commission conducted a duly noticed public hearing, closed the public hearing, and continued the meeting to a date uncertain.

Another public hearing notice for this item before the Planning Commission was appropriately reposted on September 8, 2022 and republished per the IMC requirements on September 9, 2022.

On September 21 , 2022, the Planning Commission conducted a duly noticed public hearing on the MND and SP&DR(DA) No. 04-2020. Following Staff's presentation, the Planning Commission opened the hearing for public comment, closed the hearing , and deliberated on the merits of the project. Following deliberation, the Planning Commission voted 3 - 2, to adopt Planning Commission Resolution Nos. 813(22) and 814(22), recommending approval of the MND as amended, and Site Plan and Design Review to the City Council. Staff was also directed by the Planning Commission to coordinate a meeting with the applicant and neighboring property owner, Decore-ative Specialties to further discuss traffic concerns and other related issues.

Meeting Coordination
Prior to the Planning Commission's direction to schedule a meeting with the applicant and the adjacent property owner (Decore-ative Specialties); Staff had already initiated this process. The most recent attempts to meet began around June 2022. Staff, along with the City Attorney's office met with the attorney representative of Decore-ative Specialties in an effort to resolve their concerns before the Project was taken to the Planning Commission for review in September.

Decore-ative Specialties expressed concerns over different aspects of the project, which were previously addressed in Staff's and the Consultant's analysis of the Project. Copies of the emails submitted by Decore-ative Specialties detailing their concerns are attached as Attachment K. Concerns also arose about traffic impacts on the private road, which is owned by Decore-ative Specialties. The private road extends eastward from the intersection of Azusa Canyon Road and Los Angeles Street and provides access to their property as well as the subject property. A recorded easement allows for the Applicant's shared usage of the private road. During this time, Decore-ative Specialties contracted with a traffic consultant to prepare their own analysis and propose an alternative design.

Over several months, Staff inquired about the status of the analysis but only received a draft copy on September 20, 2022, the day before the Planning Commission hearing.

Over the past few months, Staff has made multiple attempts to offer meeting opportunities with all parties; understanding that getting large groups together can be challenging.

Meeting requests would be made by providing a range of dates via email to get a consensus. When that failed, staff used the "Doodle" online scheduling tool, which makes coordinating large groups easier. From October 3, 2022 to October 20, 2022, twenty-five (25) meeting opportunities were presented. Staff, the Applicant and the consultants made themselves available for many of the suggested timeslots. It was important that the adjacent property owner and their representatives were available, but there were often scheduling conflicts. In the end, their availability was limited to October 20, 2022 from 8:30am to 1 Oam; and that is when the meeting took place.

As a result of these discussions, the City's environmental and traffic consultants met with Staff and decided to prepare an Access Sensitivity Analysis. The analysis, attached as Attachment I, assesses revised project access, which will further address concerns about private road traffic, circulation and safety. Based on the Access Sensitivity Analysis, Condition of Approval No. D.11 by Public Works/Engineering has been added:

Driveway No. 1 located on Azusa canyon Road, northerly of the Intersection of Azusa Canyon Road and Los Angeles Street shall be constructed to allow right turn in and right turn out only access. It shall be constructed at a minimum of 40 feet wide or wider as approved by the by the Director of Engineering to allow for safe commercial truck traffic circulation.

GENERAL PLAN AND ZONING
The site is designated in the General Plan as Industrial/Business Park. The property is currently zoned M-1 (Light Manufacturing).The following zones and uses surround the site:

Direction Existing Land Use Zoning District
North
South
East
West
Industrial Businesses
Industrial Businesses
Industrial Businesses
Public Works Yard &
Olive Pit

ENVIRONMENTAL REVIEW
*
M-2, Heavy Manufacturing
M-2, Heavy Manufacturing
M-2, Heavy Manufacturing
M-1, Light Manufacturing &
Q, Quarry
If
A
Map Date May 2022
Source: ESRI, City of Irwindale
In accordance with the California Environmental Quality Act, the City of Irwindale prepared an Initial Study to determine whether the proposed project may have a significant adverse effect on the environment. Based on the Initial Study and subsequent analysis, staff, based on a determination and recommendation by environmental consultants PlaceWorks and Urban Crossroads, has determined that the project as proposed qualifies for a Mitigated Negative Declaration according to the California Environmental Quality Act (CEQA), pursuant to Section 15074 of the CEQA Guidelines.

Specifically, the impacts of the proposed project would be mitigated to less-thansignificant levels with the implementation of the Mitigation Measures for the following areas:
• Air Quality
• Cultural Resources
• Geology and Soils
• Hazards and Hazardous Materials
• Transportation
• Tribal Cultural Resources
• Mandatory Findings of Significance
The Initial Study, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are on file in the Community Development Department/Planning Division, City Hall and the Irwindale Public Library. The IS/MND (Attachment H) was posted and circulated for the required thirty (30) days for public review and comments (December 21, 2021 through January 19, 2022). (A copy of the above referenced documents are posted on the City's website at https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road.

The specific details of the mitigation methods are included in the Mitigation Monitoring and Report Program (MMRP).

A total of four (4) letters were received during the comment period. These comments were provided by: State of California Department of Transportation (Caltrans), Los Angeles County Sanitation District, Lozeau Drury, LLP and Teamsters Local Union No. 396. The comment letters and responses to comments have been included in the MND. Two additional letters from Lozeau Drury, LLP were received after the comment period on February 16, 2022 and March 16, 2022.

Additionally, PlaceWorks and Urban Crossroads, the environmental consultants that prepared the MND and MMRP for the project, have prepared detailed responses (Attachment 0 and Attachment P) to the letters dated February 16, 2022 and March 16, 2022 from Lozeau Drury, LLP. The letters assert that the IS/MND does not adequately analyze and mitigate air quality, greenhouse gas, hazards and hazardous materials, and transportation impacts and requests the preparation of an EIR.

The responses prepared by PlaceWorks address each area of concern to fully disclose potential environmental impacts and mitigation measures, which reduces impacts to less than significant levels. It is the professional assessment and recommendation of PlaceWorks that an EIR is not required for this project. PlaceWorks has thoroughly analyzed the project and potential impacts and has determined that the Mitigation Measures and Conditions of Approval will avoid impacts to a point where no significant impacts on the environment would occur, therefore a Mitigated Negative Declaration was prepared for the project.

The Response to Comments (Attachment H), dated February 2022 was updated in November 2022. The IS/MND also contains revised sections that were not available at the time of the IS/MND publication. These revisions include modifications to Mitigation Measure T-1 , updates to the project description, and updates to intersection concept designs.

In accordance with CEQA Regulation 1507 4.1, as a result of the public review process for a proposed Mitigated Negative Declaration, the lead agency may conclude that certain mitigation measures identified in the MND are infeasible or otherwise undesirable. Prior to approving the project, the lead agency may delete those mitigation measures and substitute for them other measures, which the lead agency determines are equivalent or more effective.

Prior to substituting for a mitigation measure, the lead agency is required to (1) hold a public hearing on the matter, which may be combined with the hearing to consider the project; and (2) adopt a written finding that the new measure is equivalent or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effect on the environment. In that instance, no recirculation of the MND is required .

The Transportation Analysis for the proposed project (Appendix I of the IS/MND) included recommended improvements at the intersection of Azusa Canyon Road and Los Angeles Street. The improvements address potential safety concerns in conjunction with the proposed off-site traffic signal at this intersection. These recommendations were included as Mitigation Measure T-1 in the December 2021 IS/MND.

The concept design for the intersection at Azusa Canyon Road and Los Angeles Street has been updated since the publication of the IS/MND. The updated concept plans are shown in Appendix 4 of the MND and include two alternative designs.

In comparison to the original design, neither of the design alternatives would restrict onstreet parking on the south side of Los Angeles Street, east of Azusa Canyon Road.

However, restriction of on-street parking on the east side of Azusa Canyon Road, north of Los Angeles Street, would still be required. Under the original design, new crosswalks on the east and west leg of the intersection were proposed. For the two alternatives shown in Appendix 4:
• Alternative 1 would require a crosswalk on the east and west leg of the intersection, similar to the original design. This alternative also includes a curb "bulb-out" at the southeast corner of the intersection. This improvement allows the parking along the south side of Los Angeles Street to be preserved.
• Alternative 2 would require a crosswalk on the east, west, and south leg of the intersection.

Under existing conditions, there is only one crosswalk on the north leg of the intersection.

Mitigation Measure T-1 1
Prior to the issuance of occupancy permits, the project applicant shall submit final improvement plans for the Azusa Canyon Road/Los Angeles Street intersection, including 1 Strikeout text to indicate deletions and underlined text to signify additions. the new traffic signal and crosswalk striping. The plans shall be submitted to and approved by the City's Public Works Department. The plans shall: provide the following improvements at the intersection of Azusa Canyon Road and Los Angeles Street:
• /\. new crosswalk on the east leg of the intersection. • Include new crosswalks (as shown in the two alternatives in Appendix 4 [final alternative pending selection]) as follows:
o Alternative 1 - north, west and east legs of the intersection o Alternative 2 - north, west, and south legs of the intersection • Restrict on street parking on the south side of Los Angeles Street, east of Azusa Canyon Road, within 150 feet of the intersection.
• Restrict Include on-street parking restriction on the east side of Azusa Canyon Road, north of Los Angeles Street, within 150 feet of the intersection. • Demonstrated compliance with required Revie•.v sight distance and other safety considerations.

Mitigation Measure T-1 includes updated concept designs for the proposed improvements at the intersection of Azusa Canyon Road and Los Angeles Street. The proposed revisions do not represent substantive project changes with respect to CEQA. These changes would not result in any physical change to the environment and would not alter the impact analysis as included in the Initial Study for the proposed project. Additionally, Mitigation Measure T-1 , as modified, is as effective as the mitigation measure included in the December 2021 IS/MND, because the new measure will avoid or reduce any potentially significant safety impacts to motorists and pedestrians to at least the same degree as the previous measures by the design of an off-site traffic signal including the required striping and crosswalks at the intersection. Moreover, because there is no change to the environment nor would it alter the impact analysis, the new mitigation measure does not cause any potentially significant effect. Therefore, the proposed revisions to the IS/MND would not meet the conditions pursuant to CEQA Guidelines 15073.5, Recirculation of a Negative Declaration Prior to Adoption, that would constitute a substantial revision requiring recirculation of the IS/MND.

Transportation
Pursuant to City Council Resolution No. 2020-53-3163, wherein the City Council of the City of Irwindale adopted "Vehicle Miles Traveled" thresholds of significance for purposes of analyzing transportation impacts under CEQA Guidelines section 15064.3, Urban Crossroads conducted a transportation analysis as part of the analysis of the project within the MND. CEQA Guidelines Section 15064.3 identifies vehicle miles traveled ("VMT") - meaning the amount and distance of automobile travel attributable to a project - as the most appropriate metric to evaluate a project' s transportation impacts.

Pursuant to the Office of Planning and Research ("QPR") Technical Advisory on Evaluating Transportation Impacts in CEQA, absent substantial evidence indicating that a project would generate a potentially significant level of VMT, or inconsistency with a general plan, projects that generate or attract fewer than 110 trips per day generally may be assumed to cause a less-than-significant transportation impact. The Project was analyzed to generate or attract fewer than 110 trips per day, thus VMT analysis was screened out due to a presumption of less than significant impacts.

However, the City of lrwindale's Policy Guidelines for Traffic Impact Reports requires that projects undergo a Level of Service ("LOS") analysis. Urban Crossroads estimated vehicle trips based on data from the ITE (Institute of Transportation Engineers) Trip Generation Manual, a nationally recognized source for estimating land use-specific trip generation, which is listed as a fundamental requirement within the City's Policy Guidelines for Traffic Impact Reports. To account for the effects of truck traffic in the traffic analyses, vehicle mix data from the City of Fontana Truck Trip Generation Study was utilized to generate estimated truck trips.

The transportation analysis report found that improvements were needed at two intersections-Azusa Canyon Road/Los Angeles Street and Azusa Canyon Road/Arrow Highway-to provide an acceptable level of service at these locations. The recommendations and conditions of approval include contributions on a fair-share basis to address existing deficient operations (see Appendix I). The proposed signal control improvement at Azusa Canyon Road/Arrow Highway is based on the Project's fair share of impacts, calculated to be 9%, with the Applicant agreeing to contribute $550,000 to the new traffic signal. The Project is estimated to impact the Azusa Canyon Road/Arrow Highway intersection on a fair share basis of 2%, with the Applicant agreeing to contribute its fair share amount to the lane configuration and traffic signal phasing modification improvement. It is the professional assessment and recommendation of Urban Crossroads that these mitigation measures will reduce any impacts to less than significant levels and will significantly improve the existing levels of service at the intersections.

These improvement requirements are incorporated in the Conditions of Approval.

Additionally, a project Condition of Approval requires that any proposed tenant(s) provide a site-specific trip generation technical memo demonstrating that the business will not exceed the maximum limit of allowable trips as studied by the transportation analysis. The condition also states that the City will regularly and continually monitor the actual trips generated by the project and enforce the maximum limit of allowable trips. The owner/applicant shall be solely responsible for all costs related to analyses, peer review, monitoring and enforcement.

Staff has been informed that Rexford Industrial Realty has been granted an ingressegress easement for a portion of the property directly adjacent to the Project by Lansford Development, owners and operators of the onsite business Decore-ative Specialties, as well as owners of the property at 4414 Azusa Canyon Road, known as Assessor's Parcel No. 8417-004-007.

The easement is 63.5 feet wide having the north line of the easement adjoining the south line of Assessor's Parcel 8417-004-006. The easement begins at the easterly right-of - way of Azusa Canyon Road and terminates easterly at the curve on the westerly rail road right-of-way, identified as Assessor's Parcel 8417-004-907.

Access Sensitivity Evaluation
On November 9, 2022, Staff received the Access Sensitivity Evaluation prepared by the traffic consultant, Urban Crossroads. The purpose of this evaluation is to assess revised project access, specifically limiting Driveway 1 access to Azusa Canyon Road to right turn in/out only access. The proposed Project land use is unchanged from the land use evaluated in the primary traffic study report previously prepared. The key change being explored in this access sensitivity evaluation is a change to the project access. Driveway 1 provides access to/from Azusa Canyon Road and is assumed to provide right turn in/out only access for purposes of this sensitivity evaluation. Driveway 2 and Driveway 3 provide full access to the project site from the Private Road that is the extension of Los Angeles Street east of Azusa Canyon Road. Separate passenger car and large truck trip distributions have been developed for purposes of this sensitivity evaluation. Based on the project access sensitivity evaluation, the project access at Driveway 1 can be restricted to right turn in/out only access without changing the previous recommendations and conclusions. 2

SITE PLAN AND DESIGN REVIEW
Pursuant to the provisions of Chapter 17.70 (Site Plan and Design Review) of the Irwindale Municipal Code (IMC), "No person shall construct any building or structure or make structural and physical improvements, additions, extensions and/or exterior alterations, and no permit shall be issued for such construction until the site plan and design review has been submitted to, reviewed by, and approved in accordance with this chapter. The property may only be developed, used and maintained in accordance with the approved site plan and design review."
Development Standards
Development Standard Minimum Re uirement Project Proposal Front Yard Setback
Side Yard Setback
Rear Yard Setback
Floor Area Ratio (F.A.R.)
Building Height3
Landscaping
Parking
Truck/Trailer Parking
20'-0"
20'-0"
N/A

1.0:1.0
35'-0"
10%
116
N/A
69'-0" - 105'-0"
25'-0" - 160'-0"
48'-5" - 108'-11"

0.52:1.0
39'-0"
11%
123
N/A
2 Waters, C. (2022). Azusa Canyon Road Warehouse Access Sensitivity Evaluation. https://www.irwindaleca.gov/DocumentCenterNiew/7933/4416-Azusa-Canyon-RoadWarehouse-Access-Sensitivity-Evaluation-11-09-2022. 3 Per IMC Subsection 17.08.085 "Building Height" means the vertical distance from the finished grade of the lot to the highest average point of the building or structure.

Project Description
The proposed project is for the construction of a ±129,830 square-foot speculative concrete tilt-up building and associated passenger vehicle parking. The building consists of ±9, 160 square feet of office, ±17,000 square feet of manufacturing and ±103,670 square feet of warehousing. The property has a gross square footage of 256,664 square feet (5.89 acres) and a net square footage of 251,096 square feet (5.76 acres). There is a required street dedication (Attachment "D") along Azusa Canyon Road of 5,568 square feet (0.13 acres). At this time, there is no prospective user.

Tribal Consultation
On May 10, 2021 , the following tribes were notified pursuant to AB 52:

Gabrieleno Band of Mission lndians-Kizh Nation
Gabrieleno/Tongva San Gabriel Band of Mission Indians
Gabrielino/Tongva Nation
Gabrielino/Tongva Indians of California Tribal Council
Gabrielino-Tongva Tribe
Santa Rosa Band of Cahuilla Indians
Soboba Band of Luiseno Indians
Three (3) responses were received. The Gabrielino/Tongva Indians of California Tribal Council requested that the tribe be notified if prehistoric materials or burial remains are found during construction. If burial remains are found , the tribe wants to engage in formal consultation. The Gabrieleno Band of Mission lndians-Kizh Nation provided tribal archive information identifying the high cultural sensitivity of the project site. To avoid impacting or destroying tribal cultural resources that may be inadvertently unearthed during the project's ground disturbing activities the tribe provided the City with measures to mitigate or avoid a significant effect on tribal cultural resources. The Santa Rosa Band of Cahuilla Indians responded that the tribe did not have any comments.

Building Design/Design Guidelines
The proposed project is a single-story building located on the former PepsiCo Bottling plant. The proposed tilt-up building incorporates many of the desired design elements from the Commercial and Industrial Design Guidelines. The layout, landscaping and design of the site also incorporated encouraged design principles. For example, the use of an authentic period style compatible with City context, new buildings that draw upon the fundamental characteristics of existing buildings in the City, fa9ade depth of plans and variations on all sides, including varied rooflines, berms, meandering sidewalks and multilayered landscaping.

The building incorporates tower elements as focal points and breaks up the expansive exterior walls with architectural projections and details around the windows. The vertical and horizontal reveals, arched windows and multi-color palette also work to add depth and character to the building. The design is similar to many of the recently approved developments, which have been designed to closely adhere to the guidelines, while maintaining function and aesthetic uniqueness.

Design Enhancements
Based on feedback from the Planning Commissioners, the Applicant team revisited the designs for the sidewalk and water fountain. A meandering sidewalk along Azusa Canyon Road is now incorporated in the updated site plan. The Applicant is also proposing a "Welcome to Irwindale" sign on the water fountain on the corner of Azusa Canyon Road and Los Angeles Street. A revised site plan and detail of the water fountain has been included in the project plans and attached to this report as Attachment "C".

Operation
The prospective use is currently unknown but there are many potential uses that are permitted by right due to the current zoning designation. However, certain uses would not be allowed or would be subject to a Conditional Use Permit. These uses would require Planning Commission approval prior to operation and be subject to a set of Conditions of Approval and a signed Affidavit of Acceptance from the property owner and tenant acknowledging and agreeing to abide by the imposed conditions. Cold storage has been expressly prohibited for this site without further future environmental analysis. The overwhelming majority of new industrial development in the City is speculative.

Landscaping, Project Fencing and Screening
Approximately 27,979 square feet (11 %) of the project site is proposed to be landscaped in compliance with the "City of Irwindale Commercial and Industrial Design Guidelines" and the Zoning Code requirements for parking area landscaping. The proposed percentage meets and exceeds the required ten percent (10%) that is required within the Irwindale Municipal Code. The proposed landscape plan is comprised of a combination of parking lot shade trees, shrubs, and groundcover. An eight (8) foot high steel fencing is proposed which surrounds the majority of the property.

Access and Circulation
Ingress and egress to the site are provided via a three (3) driveways, one fronting onto Azusa Canyon Road and the other two (2) fronting on Los Angeles Street. The proposed building is setback approximately 69'-0", which will also accommodate projected queuing, thus avoid overflow onto Azusa Canyon Road and Los Angeles Street. A 20"-0" wide street dedication along Azusa Canyon Road is required.

Parking
IMC Subsection 17.64.030.P(2) provides, "Offices not providing customer service on the premises" requires a minimum one (1) parking space for each two (2) employees on the maximum (most workers) working shift or one (1) space for each 350 square feet of gross floor area, whichever is the greater and IMC Subsection 17.64.030(V) "Warehouse and storage buildings" requires one (1) parking space for each 1,000 square feet of the first 20,000 square feet of gross floor area, one (1) space for each 2,000 square feet for the next 20,000 square feet of gross floor area and one (1) space for each 4,000 square feet for all floor area over 40,000 square feet of gross floor area.

Based on the proposed square footage, the project requires 116 stalls and 123 stalls are being proposed [five (5) ADA stalls, ninety-seven (97) standard stalls and twenty-one (21) compact stalls]. There are no designated trailer stalls. All parking is surface parking; there are no proposed parking structures or subterranean lots.

Building Height
The maximum building height in the M-1 (Light Manufacturing) zone is 35'-0". Per IMC Subsection 17.08.085 "Building Height" means the vertical distance from the finished grade of the lot to the highest average point of the building or structure. The rooflines vary from approximately 30'-7" to 35'-0" and the parapet walls, including the architectural features extend to a maximum height of 39'-0". IMC Subsection 17.68.010 "Height of Penthouses and Roof Structures" allows parapet walls to be erected above the height limits prescribed.

Signage
IMC Section 17.56.050 "Signs" provides the maximum allowable sign area for freestanding and wall signs. Based on the approximate square footage of the speculative industrial building, the allowable amount of wall signage would equate to ±1 ,298 square feet. Freestanding signs would be limited to 150 square feet regardless of building size.

ANALYSIS
Site Plan & Design Review Analysis
Before any Site Plan and Design Review is approved, the applicant must show, to the satisfaction of the Planning Commission and the City Council, the existence of the following findings of fact. Staff has determined that the findings can be made based on the analysis below:

1. The proposed project is in conformance with the general plan, zoning ordinance, and other ordinances and regulations of the City.

The subject site is zoned M-1 (Light Manufacturing) and has a General Plan land use designation of Industrial/Business Park and Residential. The existing General Plan and Zoning designations are consistent, which eliminates the need for any legislative action such as a Zone Change or General Plan Amendment. The project also meets the minimum development standards for the applicable zones, such as setbacks, height, floor area ratio (F.A.R), parking and aesthetic design without the need for a Zone Variance to accommodate a deviation from any measurable standards. The prospective use is currently unknown but there are many potential uses that are permitted by right due to the current zoning designation, however certain uses would be not be allowed or would be subject to a Conditional Use Permit.

2. The proposed project is in conformance with any redevelopment plan and regulations of the community redevelopment agency and any executed owner's participation agreement or disposition and development agreement.

This finding is no longer applicable, as Irwindale Community Redevelopment Agency no longer exists. There are also no owner's participation agreement or disposition and development agreement involved.

3. The following are so arranged as to avoid traffic congestion, to ensure the public health, safety, and general welfare, and to prevent adverse effect on surrounding properties:
a) Facilities and improvements,
The proposed building is setback approximately 69'-0" from vehicle ingress to accommodate projected queuing, thus avoiding overflow onto Azusa Canyon Road and Los Angeles Street. All structures and infrastructure improvements will be constructed to current code and completed prior to issuance of the Certificate of Occupancy.
b) Pedestrian and vehicular ingress, egress, and internal circulation , There is no proposed through-site access. The site is bordered by industrial buildings to the north, south, and east and the City's Public Works yard and Olive Pit to the west. Azusa Canyon Road and Los Angeles Street serve as the vehicular access to the site. There is also a required 20'-0" street dedication on Los Angeles Street, which includes a meandering sidewalk.
c) Setbacks,
The project has been designed to comply with and exceed the minimum required setbacks for the M-1 (Light Manufacturing) zone. The proposed front yard setbacks range from 20'-0" to 105'-0", exceeding the minimum requirement of 20'-0". The proposed side yard setbacks range from 25'-0" to 160'-0", exceeding the minimum requirement of 20'-0". The proposed rear yard setbacks range from 48'-5" to 108'- 11 ", and there is no required rear yard setback when abutting non-residentially zoned properties.
d) Height of buildings,
The maximum building height in the M-1 (Light Manufacturing) zone is 35'-0". Per IMC Subsection 17.08.085, "Building Height" means the vertical distance from the finished grade of the lot to the highest average point of the building or structure.

Per IMC Subsection 17.68.010, parapet walls may be erected above the height limits. The rooflines vary from approximately 30'-7" to 35'-0" and the parapet walls, including the architectural features extend to a maximum height of 39'-0".

Nonetheless, the proposed buildings have been designed to complement the massing and height of the existing buildings in the area. e) Signs,
Based on the approximate square footage of the speculative industrial building, the allowable amount of wall signage would equate to ±1,298 square feet.

Freestanding signs would be limited to 150 square feet regardless of building size. f) Mechanical and utility service equipment,
The site has been designed to attractively screen all rooftop and surface level mechanical equipment and storage area. The parapet roof will provide adequate screening of any proposed rooftop equipment. During the permitting process, a line of sight study is required to substantiate proper screening. Mechanical equipment and storage areas are screened , out of public view and often with solid walls and landscaping.
g) Landscaping,
The landscaping requirement has been met through considered choices of plantings appropriate to the location, building type, and building scale.

Approximately 27,979 square feet (11 %) of the project site is proposed to be landscaped in compliance with the "City of Irwindale Commercial and Industrial Design Guidelines" and the Zoning Code requirements for parking area landscaping. The proposed landscape plan is comprised of a combination of parking lot shade trees, shrubs, and groundcover.
h) Grading,
Project has been designed to take advantage of the existing topography, thus reducing grading activities on site. A grading permit will be required and issued from Building and Safety.
i) Lighting,
All lighting is designed to complement the structures and oriented to properly illuminate the site as not to create "dark pockets" that could support nefarious activities or spill onto other properties, creating a nuisance. The premises will be secured with appropriate security lighting, to obtain a minimum of 1-foot candles over the entire site. A photometric lighting plan shall be submitted, subject to the review and approval of the Community Development Department and the Police Department.
j) Parking,
IMC Subsection 17.64.030.P(2) provides, "Offices not providing customer service on the premises" requires a minimum one (1) parking space for each two (2) employees on the maximum (most workers) working shift or one (1) space for each 350 square feet of gross floor area, whichever is the greater and IMC Subsection

17.64.030(V) "Warehouse and storage buildings" requires one (1) parking space for each 1,000 square feet of the first 20,000 square feet of gross floor area, one (1) space for each 2,000 square feet for the next 20,000 square feet of gross floor area and one (1) space for each 4,000 square feet for all floor area over 40,000 square feet of gross floor area. Based on the proposed square footage, the project requires 116 stalls and 123 stalls are being proposed [five (5) ADA stalls, ninetyseven (97) standard stalls and twenty-one (21) compact stalls]. All parking is surface parking ; there are no proposed parking structures or subterranean lots. k) Drainage,
A Water Quality Management Plan (WQMP) has been prepared to address hydrology and drainage.

I) Intensity of land use.

The project is located on a flat, irregularly shaped lot. It had been used as an orchard from at least 1928 until around 1952, when the site became vacant. The current main building was constructed in 1956 and was used by PepsiCo as a bottling plant. The site is presently developed with one building of approximately 62, 713 square feet in the western half of the site, a large metal shed north of the building, and a loading dock and large truck yard on the eastern portion of the site (LACOA 2021). The building is a single-story structure of concrete tilt-up construction on a concrete slab floor. The metal shed was part of the old truck wash area that is connected to the building by an overhang. The bottling plant ceased operation in December 2020 and the site has remained vacant. The proposed building will be approximately 129,830 square feet with associated passenger vehicle parking, truck parking, and eighteen (18) loading docks. The proposed industrial warehouse building is consistent with the General Plan designation of Industrial/Business Park and Zoning designation of M-1 (Light Manufacturing), as well as adjacent industrial land uses.

4. The proposed development is consistent with applicable city design guidelines and historic design themes, and provides for appropriate exterior building design and appearance consistent and complementary to present and proposed buildings and structures in the vicinity of the subject project while still providing for a variety of designs, forms and treatments.

The proposed tilt-up building incorporates many of the desired design elements from the Commercial and Industrial Design Guidelines including but not limited fa9ade elements, roofs and parapets, materials and colors. The layout, landscaping and design of the site also incorporated encouraged design principles. For example, the use of an authentic period style compatible with City context, new buildings that draw upon the fundamental characteristics of existing buildings in the City, fa9ade depth of plans and variations on all sides, including varied rooflines, berms, meandering sidewalks and multi-layered landscaping.

FISCAL IMPACT
The entire cost for the development will be covered by the Applicant/Developer. There will be no impact on the City's budget. This project is subject to Development Impact Fees (DIF) in the amount of $896,346.32 per Ordinance No. 726 (July 11 , 2018).

ATTACHMENTS
A. CC Resolution No. 2022-109-3359
B. CC Resolution No. 2022-110-3360 with Conditions of Approval C. Project Plans
D. PC Staff Report
E.· PC Resolution No. 813(22)
F. PC Resolution No. 814(22) with Conditions of Approval G. Street Dedication Exhibit
H. Memo to Planning Commission, dated November 14, 2022 with links to project files:
https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road
I. Access Sensitivity Evaluation, dated November 10, 2022 https ://www. irwinda leca .gov/DocumentCenterNiew/7933/4416-Azusa-CanyonRoad-Warehouse-Access-Sensitivity-Evaluation-11-09-2022 J. Letter from Rexford Industrial, received November 10, 2022 K. Emails from Paul Porter with Technical Memorandum, received September 20, 2022 L. Letter from LiUna, received September 21 , 2022
M. Letter from Teamsters Local Union No. 396, received September 21 , 2022 N. Letter from Lozeau Drury, LLP, received September 21 , 2022 https://www.irwindaleca.gov/DocumentCenterNiew/7952/20220921-SAFER-Replyto-Response-to-Comments-re-4416-Azusa-Canyon-Road-Project-FINALExhibits 1-3- 09212022

0. Response to the Lozeau Drury, LLP letter, dated March 7, 2022 https://www.irwindaleca.gov/DocumentCenterNiew/7440/Exhibit-F---Response-toLozeau-Drurv-LLP-03072022 P. Response to the Lozeau Drury, LLP letter, dated May 3, 2022 https://www.irwindaleca.gov/DocumentCenterNiew/7441/Exhibit-G---Response-toLozeau-Drurv-LLP-05032022

ATTACHMENT A
RESOLUTION NO. 2022-109-3359

A RESOLUTION OF THE CITY COUNCIL CITY COUNCIL OF THE CITY OF IRWINDALE

ADOPTING THE MITIGATED NEGATIVE DECLARATION (MND) AS AMENDED BY THE

IMPOSITION OF A SUBSTITUTE MITIGATION MEASURE, AND MITIGATION

MONITORING AND REPORTING PROGRAM (MMRP) FOR THE CONSTRUCTION OF ONE (1) SPECULATIVE INDUSTRIAL TILT-UP BUILDING TOTALING ±129,830 SQUARE FEET FOR PROPERTY LOCATED AT 4416 AZUSA CANYON ROAD, IRWINDALE, CA 91706 (APN: 8417-004-006) IN THE M-1 (LIGHT MANUFACTURING) ZONE AND MAKING

CERTAIN FINDINGS OF FACT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

A. RECITALS.
(i) Michael Ramirez, 11620 Wilshire Boulevard, 101h Floor, Los Angeles, CA 90025, on behalf of Rexford Realty Industrial, has made a request for a Site Plan and Design Review (DA) for the construction of one (1) speculative concrete tilt-up building totaling approximately 129,830 square feet. (ii) The Subject Property is located at 4416 Azusa Canyon Road, within the City of Irwindale (APN: 8417-004-006). The Subject Property is currently zoned M1 (Light Manufacturing). Hereinafter in this Resolution, the subject Site Plan and Design Review shall be referred to as the "Application." (iii) Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency has analyzed the project and has prepared a Mitigated Negative Declaration (MND). The MND was circulated for public review for the required 30 days from December 21, 2021 through January 19, 2022. A copy of the MND was circulated through the State Clearinghouse, posted on the City's website (https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road) and was available at the Community Development Department - Planning Division, City Hall, and the Irwindale Public Library. A copy of the MND and the Mitigation Monitoring and Reporting Program was posted on the City's website.
(iv) The public review period for the MND ended on January 19, 2022. (v) The Final MND was prepared on the proposed project, including the Draft MND, comments received on the Draft MND and responses to those comments, and revisions and corrections to the Draft MND made in response to comments received.
(vi) On February 16, 2022, the Planning Commission conducted a duly noticed public hearing on the Final MND at which time it received input from staff, the City Council Resolution No. 2022-109-3359

City Attorney's Office, and the Applicant, heard public testimony, and discussed the Proposed Project; and closed the public hearing, requested staff to provide more information on the traffic study and continued the meeting to a date uncertain.
(vii) On March 16, 2022, the Planning Commission Meeting was cancelled. (viii) On May 18, 2022, the Planning Commission conducted a duly noticed public hearing on the MND at which time it received input from staff, the City Attorney's Office, and the Applicant, heard public testimony, and discussed the Proposed Project; and closed the public hearing and continued the meeting to a date uncertain.
(ix) In accordance with CEQA Regulation 15074.1, as a result of the public review process for a proposed mitigated negative declaration, the lead agency may conclude that certain mitigation measures identified in the MND are infeasible or otherwise undesirable. Prior to approving the project, the lead agency may delete those mitigation measures and substitute for them other measures, which the lead agency determines are equivalent or more effective. (x) In response to public comments received , the IS/MND has been revised to contain sections that were not available at the time of the IS/MND publication.

These revisions include modifications to Mitigation Measure T-1, updates to the project description, and updates to intersection concept designs. (xi) On September 21, 2022, the Irwindale Planning Commission conducted a duly noticed public hearing, closed the public hearing and adopted Planning Commission Resolution Nos. 813(22) and 814(22), recommending that the Irwindale City Council approve and adopt the MND as amended and the Site Plan and Design Review (DA), subject to the approval of a Resolution, which details the specific Conditions under which the Application was approved. (xii) On November 17, 2022, the City Council conducted a duly noticed public hearing, as required by law, on the Application and conditionally approved the Application at that same meeting subject to the approval of a Resolution, which would detail the specific Conditions under which the Application was approved.
(xiii) This document was prepared concurrently with the Site Plan and Design Review (DA) No. 04-2020.
(xiv) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION.

NOW, THEREFORE, be it resolved that the City Council of the City of Irwindale, California, having reviewed and considered the information in the MND and supporting documents and materials, does hereby find , determine, resolve and order as follows:

City Council Resolution No. 2022-109-3359

1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and incorporated herein by this reference.

2. Pursuant to the California Environmental Quality Act ("CEQA") and the City's Local CEQA Guidelines, City staff prepared an Initial Study for the project. City staff determined that there was no substantial evidence that the project would have a significant effect on the environment after the implementation of Mitigation Measures. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration.

3. The MND was circulated for public review for the required 30 days from December 21 , 2021 through January 19, 2022. A copy of the MND was circulated through the State Clearinghouse, posted on the City's website
(https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road) and was available at the Community Development Department - Planning Division, City Hall and the Irwindale Public Library. A copy of the MND and Mitigation Monitoring and Reporting Program and technical studies were posted on the City's website.

The City Council has reviewed the Initial Study and Mitigated Negative Declaration, comments received regarding the Mitigated Negative Declaration thereto, and City staff's responses. In accordance with CEQA Regulation 15074.1, in response to public comments received, the IS/MND has been revised to contain sections that were not available at the time of the IS/MND publication. These revisions include modifications to Mitigation Measure T-1 , updates to the project description, and updates to intersection concept designs.

The Transportation Analysis for the proposed project (Appendix I of the IS/MND) included recommended improvements at the intersection of Azusa Canyon Road and Los Angeles Street. The improvements address potential safety concerns in conjunction with the proposed off-site traffic signal at this intersection. These recommendations were included as Mitigation Measure T-1 in the December 2021 IS/MND.

The concept design for the intersection at Azusa Canyon Road and Los Angeles Street has been updated since the publication of the IS/MND. The updated concept plans are shown in Appendix 4 of the MND and include two alternative designs.

In comparison to the original design, neither of the design alternatives would restrict onstreet parking on the south side of Los Angeles Street, east of Azusa Canyon Road.

However, restriction of on-street parking on the east side of Azusa Canyon Road, north of Los Angeles Street, would still be required. Under the original design, new crosswalks on the east and west leg of the intersection were proposed. For the two alternatives shown in Appendix 4:
• Alternative 1 would require a crosswalk on the east and west leg of the intersection, similar to the original design. This alternative also includes a curb "bulb-out" at the southeast corner of the intersection. This improvement allows the parking along the south side of Los Angeles Street to be preserved.

City Council Resolution No. 2022-109-3359

• Alternative 2 would require a crosswalk on the east, west, and south leg of the intersection.

Under existing conditions, there is only one crosswalk on the north leg of the intersection.

Mitigation Measure T-1 has been updated as follows:

Mitigation Measure T-1 1
Prior to the issuance of occupancy permits, the project applicant shall submit final improvement plans for the Azusa Canyon Road/Los Angeles Street intersection, including the new traffic signal and crosswalk striping. The plans shall be submitted to and approved by the City's Public Works Department. The plans shall: provide the following improvements at the intersection of Azusa Canyon Road and Los Angeles Street:
• A new crosswalk on the east leg of the intersection.
• Include new crosswalks (as shown in the two alternatives in Appendix 4 [final alternative pending selection]) as follows:
o Alternative 1 - north. west and east legs of the intersection o Alternative 2 - north, west and south legs of the intersection • Restrict on street parking on the south side of Los Angeles Street, east of Azusa Canyon Road, within 150 feet of the intersection.
• Restrict Include on-street parking restriction on the east side of Azusa Canyon Road, north of Los Angeles Street, within 150 feet of the intersection. • Demonstrated compliance with required Review sight distance and other safety considerations.

Based on the record before it, the City Council hereby finds that Mitigation Measure T-1 includes updated concept designs for the proposed improvements at the intersection of Azusa Canyon Road and Los Angeles Street. The proposed revisions do not represent substantive project changes with respect to CEQA. These changes would not result in any physical change to the environment and would not alter the impact analysis as included in the Initial Study for the proposed project. The bulb-out proposed for Alternative 1 and the altered pedestrian circulation associated with Alternative 2 would not disturb any additional land compared to the original improvements and all improvements would be within existing right-of-ways. As with the original mitigation measure, the updated mitigation measure would require the off-site traffic signal and would substantially improve pedestrian safety at the intersection . The alternative designs have been prepared by Urban Crossroads and adhere to applicable design standards, including required sight distances. The updated mitigation measure, therefore, would not result in a significant environmental effect and would be as effective as the original mitigation measure in the December 2021 IS/MND, 1 Strikeout text to indicate deletions and underlined text to signify additions.

City Council Resolution No. 2022-109-3359

because the new measure will avoid or reduce any potentially significant safety impacts to motorists and pedestrians to at least the same degree as the previous measures by the design of an off-site traffic signal including the required striping and crosswalks at the intersection. Moreover, because there is no change to the environment nor would it alter the impact analysis, the new mitigation measure does not cause any potentially significant effect on the environment itself.

4. The City Council has reviewed the Initial Study and Mitigated Negative Declaration, comments received regarding the Mitigated Negative Declaration thereto, and City staff's responses. Based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment after the implementation of mitigation measures. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council.

Based on these findings, the City Council therefore adopts the Mitigated Negative Declaration, as amended, attached hereto as Attachment H (https://www.irwindaleca.gov/DocumentCenterNiew/7118).

5. The City Council has also reviewed and considered the Mitigation Monitoring and Reporting Program (MMRP) prepared for the project pursuant to the requirements of Public Resources Code Section 21081.6 and finds that the Mitigation Monitoring and Reporting Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring and Reporting Program for the project, attached hereto as Attachment H (https://www.irwindaleca.gov/DocumentCenterNiew/7237).

6. The custodian of records for the Initial Study, Mitigated Negative Declaration, MMRP and all other materials, which constitute the record of proceeding upon which the City Council's decision is based, is the Director of Community Development of the City of Irwindale. Those documents are available for public review in the Community Development Department - Planning Division, located at 16102 Arrow Highway and City Hall and the Irwindale Public Library, located at 5050 Irwindale Avenue.

7. The Secretary shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application.

PASSED, ADOPTED AND APPROVED this 171h day of November 2022.

Larry G. Burrola, Mayor
City Council Resolution No. 2022-109-3359

ATTEST:

Laura M. Nieto, CMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-109-3359 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 171h day of November 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Secretary
City Council Resolution No. 2022-109-3359

Laura M. Nieto, CMC
Chief Deputy City Clerk

ATTACHMENT B
RESOLUTION NO. 2022-110-3360

A RESOLUTION OF THE CITY COUNCIL CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING SITE PLAN AND DESIGN REVIEW (DA) NO. 04-2020 FOR THE CONSTRUCTION OF ONE (1) SPECULATIVE INDUSTRIAL TILT-UP BUILDING TOTALING ±129,830 SQUARE-FEET FOR THE PROPERTY LOCATED AT 4416 AZUSA CANYON ROAD, IRWINDALE, CA 91706 (APN: 8417-004-006) IN THE M-1 (LIGHT MANUFACTURING) ZONE AND MAKING CERTAIN FINDINGS OF FACT.

A. RECITALS.
(i) Michael Ramirez, 11620 Wilshire Boulevard, 101h Floor, Los Angeles, CA 90025, on behalf of Rexford Realty Industrial, has made a request for a Site Plan and Design Review (DA) for the construction of a speculative concrete tilt-up building totaling approximately 129,830 square feet. (ii) The Subject Property is located at 4416 Azusa Canyon Road (APN 8417- 004-006). The Subject Property is currently zoned M-1 (Light Manufacturing). Hereinafter in this Resolution, the subject Site Plan and Design Review shall be referred to as the "Application." (iii) Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended , and the City of Irwindale environmental guidelines, the City, as the Lead Agency has analyzed the project and has prepared a Mitigated Negative Declaration (MND). The MND was circulated for public review for the required 30 days from December 21, 2021 through January 19, 2022. A copy of the MND was circulated through the State Clearinghouse, posted on the City's website (https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road and was available at the Community Development Department - Planning Division, City Hall, and the Irwindale Public Library. A copy of the MND and the Mitigation Monitoring and Reporting Program was posted on the City's website.
(iii) The public review period for the MND ended on January 19, 2022. (iv) The Final MND was prepared on the proposed project, including the Draft MND, comments received on the Draft MND and responses to those comments, and revisions and corrections to the Draft MND made in response to comments received.
(v) On February 16, 2022, the Irwindale Planning Commission conducted a duly noticed public hearing, as required by law, on the Application, closed the public hearing and requested staff to provide more information on the City Council Commission Resolution No. 2022-110-3360

transportation impacts analysis and continued the meeting to a date uncertain.
(vi) On March 16, 2022, the Planning Commission Meeting was cancelled. (vii) On May 18, 2022, the Planning Commission conducted a duly noticed public hearing on the MND at which time it received input from staff, the City Attorney's Office, and the Applicant, heard public testimony, and discussed the Proposed Project; and closed the public hearing and continued the meeting to a date uncertain.
(i) In accordance with CEQA Regulation 1507 4.1, as a result of the public review process for a proposed mitigated negative declaration, the lead agency may conclude that certain mitigation measures identified in the MND are infeasible or otherwise undesirable. Prior to approving the project, the lead agency may delete those mitigation measures and substitute for them other measures, which the lead agency determines are equivalent or more effective.
(viii) In response to public comments received, the IS/MND has been revised to contain sections that were not available at the time of the IS/MND publication. These revisions include modifications to Mitigation Measure T1, updates to the project description, and updates to intersection concept designs.
(ix) On September 21 , 2022, the Irwindale Planning Commission conducted a duly noticed public hearing on the Application, closed the public hearing and adopted Planning Commission Resolution Nos. 813(22) and 814(22), recommending that the Irwindale City Council approve and adopt the MND as amended and the Site Plan and Design Review (DA), subject to the approval of a Resolution, which details the specific Conditions under which the Application was approved.
(x) On November 17, 2022, the City Council conducted a duly noticed public hearing , as required by law, on the Application and conditionally approved the Application at that same meeting subject to the approval of a Resolution, which would detail the specific Conditions under which the Application was approved.
(xi) This application is being processed concurrently with the MND and MMRP. (xii) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION.

City Council Commission Resolution No. 2022-110-3360

NOW, THEREFORE, it is hereby found , determined and resolved by the City Council of the City of Irwindale as follows:

1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and incorporated herein by this reference.

2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, site plans and Conditions of Approval attached hereto as Exhibit "B," this City Council hereby specifically finds as follows for Site Plan and Design Review (DA) No. 04-2020:

A. The proposed project is in conformance with the general plan, zoning ordinance, and other ordinances and regulations of the City.

The subject site is zoned M-1 (Light Manufacturing) and has a General Plan land use designation of Industrial/Business Park. The existing General Plan and Zoning designations are consistent, which eliminates the need for any legislative action such as a Zone Change or General Plan Amendment. The project also meets the minimum development standards for the applicable zones, such as setbacks, height, floor area ratio (F.A.R), parking and aesthetic design without the need for a Zone Variance to accommodate a deviation from any measurable standards.

The prospective use is currently unknown but there are many potential uses that are permitted by right due to the current zoning designation, however certain uses would be not be allowed or would be subject to a Conditional Use Permit.

B. The proposed project is in conformance with any redevelopment plan and regulations of the community redevelopment agency and any executed owner's participation agreement or disposition and development agreement.

This finding is no longer applicable, as Irwindale Community Redevelopment Agency no longer exists. There are also no owner's participation agreement or disposition and development agreements involved.

C. The following are so arranged as to avoid traffic congestion, to ensure the public health, safety, and general welfare, and to prevent adverse effect on surrounding properties:
i. Facilities and improvements,
The proposed building is setback approximately 69'-0" from vehicle ingress to accommodate projected queuing, thus avoiding overflow onto Azusa Canyon Road and Los Angeles Street. All structures and infrastructure improvements will be constructed to current code and completed prior to issuance of the Certificate of Occupancy.

City Council Commission Resolution No. 2022-110-3360

ii. Pedestrian and vehicular ingress, egress, and internal circulation, There is no proposed through-site access. The site is bordered by industrial buildings to the north, south, and east and the City's Public Works yard and Olive Pit to the west. Azusa Canyon Road and Los Angeles Street serve as the vehicular access to the site. There is also a required 20'-0" street dedication on Los Angeles Street, which includes a meandering sidewalk.
iii. Setbacks,
The project has been designed to comply with and exceed the minimum required setbacks for the M-1 (Light Manufacturing) zone. The proposed front yard setbacks range from 20'-0" to 105'-0", exceeding the minimum requirement of 20'-0". The proposed side yard setbacks range from 25'-0" to 160'-0", exceeding the minimum requirement of 20'-0". The proposed rear yard setbacks range from 48'-5" to 108'- 11 ", and there is no required rear yard setback when abutting non-residentially zoned properties.
iv. Height of buildings,
The maximum building height in the M-1 (Light Manufacturing) zone is 35'-0". Per IMC Subsection 17.08.085 "Building Height" means the vertical distance from the finished grade of the lot to the highest average point of the building or structure.

Per IMC Subsection 17.68.010, parapet walls may be erected above the height limits. The rooflines vary from approximately 30'-7" to 35'-0" and the parapet walls, including the architectural features extend to a maximum height of 39'-0".

Nonetheless, the proposed buildings have been designed to complement the massing and height of the existing buildings in the area. v. Signs,
Based on the approximate square footage of the speculative industrial building, the allowable amount of wall signage would equate to ±1 ,298 square feet.

Freestanding signs would be limited to 150 square feet regardless of building size. vi. Mechanical and utility service equipment,
The site has been designed to attractively screen all rooftop and surface level mechanical equipment and storage area. The parapet roof will provide adequate screening of any proposed rooftop equipment. During the permitting process, a line of sight study is required to substantiate proper screening. Mechanical equipment and storage areas are screened, out of public view and often with solid walls and landscaping.
vii. Landscaping,
The landscaping requirement has been met through considered choices of plantings appropriate to the location, building type, and building scale.

Approximately 27,979 square feet (11 %) of the project site is proposed to be landscaped in compliance with the "City of Irwindale Commercial and Industrial Design Guidelines" and the Zoning Code requirements for parking area City Council Commission Resolution No. 2022-110-3360

landscaping. The proposed landscape plan is comprised of a combination of parking lot shade trees, shrubs, and groundcover.
viii. Grading,
Project has been designed to take advantage of the existing topography, thus reducing grading activities on site. A grading permit will be required and issued from Building and Safety.
ix. Lighting,
All lighting is designed to complement the structures and oriented to properly illuminate the site as not to create "dark pockets" that could support nefarious activities or spill onto other properties, creating a nuisance. The premises will be secured with appropriate security lighting, to obtain a minimum of 1-foot candles over the entire site. A photometric lighting plan shall be submitted, subject to the review and approval of the Community Development Department and the Police Department.
x. Parking,
IMC Subsection 17.64.030.P(2) provides, "Offices not providing customer service on the premises" requires a minimum one (1) parking space for each two (2) employees on the maximum (most workers) working shift or one (1) space for each 350 square feet of gross floor area, whichever is the greater and IMC Subsection

17.64.030(V) "Warehouse and storage buildings" requires one (1) parking space for each 1,000 square feet of the first 20,000 square feet of gross floor area, one (1) space for each 2,000 square feet for the next 20,000 square feet of gross floor area and one (1) space for each 4,000 square feet for all floor area over 40,000 square feet of gross floor area. Based on the proposed square footage, the project requires 116 stalls and 123 stalls are being proposed [five (5) ADA stalls, ninetyseven (97) standard stalls and twenty-one (21) compact stalls]. All parking is surface parking; there are no proposed parking structures or subterranean lots. x1. Drainage,
A Water Quality Management Plan (WQMP) has been prepared to address hydrology and drainage.
xii. Intensity of land use.

The project is located on a flat, irregularly shaped lot. It had been used as an orchard from at least 1928 until around 1952, when the site became vacant. The current main building was constructed in 1956 and was used by PepsiCo as a bottling plant. The site is presently developed with one building of approximately 62,713 square feet in the western half of the site, a large metal shed north of the building, and a loading dock and large truck yard on the eastern portion of the site (LAGOA 2021). The building is a single-story structure of concrete tilt-up construction on a concrete slab floor. The metal shed was part of the old truck wash area that is connected to the building by an overhang. The bottling plant ceased operation in December 2020 and the site has remained vacant. The City Council Commission Resolution No. 2022-110-3360

proposed building will be approximately 129,830 square feet with associated passenger vehicle parking, truck parking, and eighteen (18) loading docks. The proposed industrial warehouse building is consistent with the General Plan designation of Industrial/Business Park and Zoning designation of M-1 (Light Manufacturing), as well as adjacent industrial land uses.

D. The proposed development is consistent with app.Jicable city design guidelines and historic design themes, and provides for appropriate exterior building design and appearance consistent and complementary to present and proposed buildings and structures in the vicinity of the subject project while still providing for a variety of designs, forms and treatments.

The proposed tilt-up building incorporates many of the desired design elements from the Commercial and Industrial Design Guidelines including but not limited fa9ade elements, roofs and parapets, materials and colors. The layout, landscaping and design of the site also incorporated encouraged design principles. For example, the use of an authentic period style compatible with City context, new buildings that draw upon the fundamental characteristics of existing buildings in the City, fa9ade depth of plans and variations on all sides, including varied rooflines, berms, meandering sidewalks and multi-layered landscaping.

3. The MND was circulated for public review for the required 30 days from December 21 , 2021 through January 19, 2022. A copy of the MND was circulated through the State Clearinghouse, posted on the City's website (https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road) and was available at the Community Development Department - Planning Division, City Hall and the Irwindale Public Library. A copy of the MND and Mitigation Monitoring and Reporting Program and technical studies were posted on the City's website.

4. Based upon the substantial evidence and conclusions set forth herein above, this City Council approves the application for the Site Plan and Design Review (DA) subject to adoption of the MND by the City Council, including the corresponding Mitigation Monitoring and Reporting Program.

5. Based upon the substantial evidence and conclusions set forth herein above, this City Council hereby recommends that the City Council approve the Application subject to the conditions set forth in Exhibit "B" attached hereto and by this reference incorporated herein, which conditions are deemed necessary to protect the public health, safety and general welfare and are reasonable and proper in accordance with the intent and purposes of Title 17 of the Irwindale Municipal Code.

6. The Secretary shall:
a. Certify to the adoption of this Resolution; and
City Council Commission Resolution No. 2022-110-3360

b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application.

PASSED, ADOPTED AND APPROVED this 17th day of November 2022.

ATTEST:

Laura M. Nieto, CMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
Larry G. Burrola, Mayor
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-110-3360 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 17th day of November 2022, by the following vote:

A YES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Secretary
Laura M. Nieto, CMC
Chief Deputy City Clerk
City Council Commission Resolution No. 2022-110-3360

EXHIBIT 8
CITY COUNCIL RESOLUTION NO. 2022-110-3360
Site Plan and Design Review No. 04-2020
Speculative, concrete tilt-up building
4416 Azusa Canyon Road
Irwindale, CA 91706
A. GENERAL

1. The use and development authorized by this Site Plan and Design Review (DA), allow for the construction of one (1) speculative, concrete tilt-up building substantially in conformance with the plans submitted to the City dated September 14, 2022.

2. A building permit shall be obtained within twelve (12) months from the date of approval. Thereafter, if the activities have been abandoned for ninety (90) or more days, the Site Plan and Design Review Permit approval shall expire and become null and void, unless a written request for extension is received by the Community Development Director at least thirty (30) days prior to such expiration or abandonment. Upon receipt of written request for extension, the Community Development Director may grant an extension of this Site Plan and Design Review Permit approval for a period not to exceed one (1) year from the original date of expiration, or may refer such request to the City Council for determination.

3. The Applicant shall agree and consent, in writing, to each and every condition set forth herein within twenty (20) days from the adoption of this Resolution by the City Council approving the Site Plan and Design Review (DA).

4. Prior to the issuance of a business license and/or occupancy permit and/or final inspection by the Community Development Department for the speculative building, all applicable conditions of approval (except those involving construction permits) shall be completed to the reasonable satisfaction of the City.

5. The Applicant shall defend, indemnify and hold harmless the City of Irwindale, its agents, officers, or employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, any approval of the City, its advisory agencies, appeal boards, or legislative body to Site Plan and Design Review Permit No. 04-2020, including the environmental review and approvals therefore. The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense.

6. The Applicant agrees to allow City inspectors access to the site to reasonably inspect the site during normal working hours to assure compliance with these City Council Commission Resolution No. 2022-110-3360

conditions and other codes. Any and all fees required to be paid to any public agency shall be paid prior to obtaining any permits for this project.

7. The Applicant shall maintain and use the project location and facility thereon in full compliance with all codes, standards, policies and regulations imposed by the City, County, State, or Federal agencies with jurisdiction over the facility.

8. It shall be required that the subject location and its contents, including but not limited to, structures, fences or garden/block walls, and vehicles are maintained free and clear of any graffiti. The Applicant shall be held responsible for the immediate removal of any and all graffiti found on-site within 48 hours of its application.

9. The premises will be secured with appropriate security lighting, to obtain a minimum of 1-foot candles over the entire site. A photometric lighting plan shall be submitted, subject to the review and approval of the Community Development Department and the Police Department.

10. Security lighting fixtures are to be shielded and shall not project above the fascia or roof line of the buildings. The shields shall be painted to match the surface to which they are attached. Security lighting fixtures shall not be substituted for parking lot or walkway lighting fixtures.
11 . In accordance with the provisions of Government Code Section 66020(d)(1 ), the imposition of fees, dedications, reservations, or exactions for this project are subject to protest by the applicant at the time of approval or conditional approval of the project, or within 90 days after the date of imposition of the fees, dedications, reservations, or exactions imposed on the project.

12. Prior to occupancy of the project, all users of the facility shall comply with the City of Irwindale M-1 (Light Manufacturing) zoning standards and regulations through the business license and zoning compliance process.

8. COMMUNITY DEVELOPMENT DEPARTMENT

1. The use and improvements authorized by this Site Plan and Design Review (DA), shall conform to the plans as finally approved by the City (dated November 8, 2022) as conditioned herein, and any appreciable modification of the plans or mode of operation, as determined by the Community Development Director, shall require the prior approval of the final approving body (City Council) pursuant to the amendment of the Site Plan and Design Review Permit.

2. This project shall be subject to the City of lrwindale's utility tax.

3. This project shall be subject to the City of lrwindale's Development Impact Fees (DIF) in the amount of $896,346.32.

City Council Commission Resolution No. 2022-110-3360

4. The signed Final Conditions of Approval shall be photocopied and included as a sheet in the plans submitted to the Building Division for plan check.

5. The following use(s) shall be prohibited. Should any of the following uses be proposed , environmental review shall be required prior to any tenant improvements to the building.
a. Cold storage

6. Any future last mile tenant, which would provide the last leg of the delivery or final step in the supply chain, shall be subject to additional analysis including, but not limited to, traffic, air quality/greenhouse gas.

7. Project landscaping shall comply with Irwindale Municipal Code Chapter 15.30, "Water Efficient Landscape Standards and Guidelines."

8. Landscaping shall be drought resistant low water with drip irrigation, low flow bubblers and water efficient rotor heads where applicable. Native plants shall be used where feasible. Landscaping shall be provided as shown on the approved Conceptual Landscape and as modified pursuant to City Building Plan Check review of Precise Landscape and Irrigation plans.

9. Landscape and irrigation plans shall be prepared by a licensed landscape architect, and are subject to the approval of the Community Development Director and the Director of Engineering. Vision clearance shall be maintained at all vehicle entrances and exits.

10. A complete, permanent, automatic irrigation system shall be provided for all landscaped areas.

11. A six (6) inch horizontal concrete curb shall surround all landscaped planters.

12. The following invasive plants shall not be used in landscaping:
• Carpobrotus edu/is (ice plant)
• Hedera helix, H. Hibernica, H. caneriensis (English ivy, Irish ivy, Algerian ivy • Vinca Major (periwinkle)
• Pennisetum setaceum and all cultivars and varieties (fountain grass) • Cortaderia selloana, C. jubata and all cultivars and varieties (pampas grass) • Retama monosperma, Genista monspessulana, Cytisus striatus, Cytisus scoparius, and Spartiumjunceum (broom -bridal, French, Portuguese, Scotch, Spanish)
• Acacia Cyclops (acacia or western coastal wattle)
• Myoporum /aetum (myoporum)
• Washingtonia robusta and Phoenix canariensis (Mexican fan palm and Canary Island date palm)
City Council Commission Resolution No. 2022-110-3360

• Schinus terevinthifolius (Brazilian pepper)
• Eucalyptus globules, E. camaldulensis (eucalyptus, blue gum, and red gum)

13. A minimum of 10% (±25, 110 square feet) the total lot area shall be landscaped.

14. All plant material, including trees, shall be maintained in good condition and replaced in the event they die or become diseased.

15. Any event not held during typical hours of operation shall be subject the Community Development Department review.

16. The Applicant shall obtain approval and permits from the Planning and Building Divisions for all project signage prior to construction of any signs on the project site.

17. Drive aisles shall remain open and unobstructed for vehicular circulation.

18. All building design and construction, including the type, texture, color, and durability of the exterior building materials shall comply with the City's Commercial and Industrial Design Guidelines.

19. Trash enclosures (6'-0" high min.) with solid metal self-closing and self-latching gates shall be provided. The enclosures shall be covered and built with decorative materials to match the type, texture, and color of the materials used in the construction of the buildings. Gates shall remain closed at all times when the trash receptacles are not in use.

20. All utility equipment such as backflow units and transformers shall be screened with evergreen screen shrubs or similar planting materials as allowed. 21 . All rooftop mechanical equipment, including heating and air conditioning units, antennas, and other electronic devices, shall be completely and decoratively screened from view from all public rights of way and adjacent properties and shall be integrated into the design and construction of the buildings1. All rooftop equipment and screening shall be shown on the plans and elevations, and shall be consistent with the building design and construction materials in texture and color. Such rooftop equipment screening shall be subject to the review and approval of the Community Development Department.

22. All rooftop wireless telecommunications antennas operated by third parties are subject to the provisions of Chapter 17.90 of the Irwindale Municipal Code shall require a separate permit in accordance with the provisions of the Municipal Code.

23. The street numbers for the development shall be painted on the rooftop of each building in such a manner that it is clearly visible to public safety personnel and 1 Photovoltaic equipment is exempt from this requirement.

City Council Commission Resolution No. 2022-110-3360

shall be a minimum five (5) feet in length painted with minimum one (1) foot wide brush strokes. Rooftop numbers shall be shown on the plans submitted for plan check.

24. A lighting plan shall be submitted for approval by the Community Development Director describing lighting fixtures for building exterior lighting. Lighting fixtures shall be designed to shield light and/or directs light in a downward direction to minimize light spillover to adjacent residential areas. A minimum of 1-foot candle shall be provided.

25. Applicant shall obtain approval and permits from the Community Development Department and Building Division for all project signage prior to construction of any signs on the project site.

26. A temporary chain link fence with green screening, or acoustical fencing assembly as specified in the Mitigated Negative Declaration, shall be installed and maintained around the perimeter of the site at all times during construction.

27. Any masonry walls, tube steel fences, and driveway gates shall be decorative and consistent with the building design and the Commercial and Industrial Design Guidelines. The design of the walls and gates shall be subject to the review and approval of the Community Development Department. No chain link fencing shall be allowed for permanent perimeter fencing applications.

28. Applicant shall at all times comply with the Irwindale Municipal Code Noise Standards (as may be amended) as measured at the Site boundary. Additionally, if noise impacts exceed the applicable noise standard contained in the Irwindale Municipal Code, Applicant shall take necessary actions and implement procedures to bring the operations into compliance with this Code.

29. ApplicanUdeveloper shall post "No OvernighUUnauthorized Parking" signs on the property to prevent unauthorized parking on the site.

30. Construction activity shall take place no earlier than 7:00 AM on each day and no later than 7:00 PM on each day, Monday thru Saturday. No construction activities of any kind shall be performed on Sundays or holidays without a permit per Subsection 9.28.11 O(A).

31. All construction related activity shall comply with the noise standards as set forth in IMC Section 9.28.030.

32. All truck loading and unloading shall occur on the site. No loading, unloading or truck idling shall be permitted to take place on the street for any business located on the site.

C. FIRE DEPARTMENT
City Council Commission Resolution No. 2022-110-3360

1. Fire Department access shall comply with Section 503 of the Los Angeles County Fire Code.

2. Provide a minimum unobstructed width of 28 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.2.1.2.1, 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.

3. Cross-hatch any on-site Fire Department vehicular access to within 150 of all portions of the exterior walls.

4. Show any existing fire hydrants within 600 feet of the lot frontage.

5. Submit a fire flow availability form , Form 196 along with plans.

6. All fire hydrants shall measure 6" x 4" x 2W', conforming to AWWA Standard C503- 75 or approved equal.

7. Project shall comply with approved plans (Plan# FEPC2020-1317, approved March 9, 2021 and Plan# FEPC2021-1661, approved June 16, 2021 ).

D. PUBLIC WORKS/ENGINEERING

STREETS

1. All off-site improvements within the Public Right-of-Way shall be performed in accordance with City Standards to the satisfaction of the Director of Engineering.

Construction plans shall be reviewed and approved by the Director of Engineering.

2. The owner and/or developer shall resurface Azusa Canyon Road (full street width), along the project frontage. All improvements shall be constructed in accordance with City standards to the satisfaction of the Director of Engineering. Construction plans shall be reviewed and approved by the Director of Engineering.

3. The owner and/or developer shall design, install and construct a meandering sidewalk (5 feet wide minimum) on Azusa Canyon Road along the project frontage, in accordance with proposed site plans. All improvements shall be constructed in accordance with City standards to the satisfaction of the Director of Engineering.

Construction plans shall be reviewed and approved by the Director of Engineering.

Landscaping and tree planting plans shall be reviewed and approved by the Public Services Director.

4. Roadway dedication and pedestrian access easements (20 feet wide minimum) shall be granted to the City along the project frontage on Azusa Canyon Road as directed by the Director of Engineering.

City Council Commission Resolution No. 2022-110-3360

5. The owner/developer shall obtain written authorization or a construction easement from the owner of the private street along the Los Angeles Street project frontage for the construction of the proposed project improvements.

6. The owner and/or developer shall remove and reconstruct all damaged or deficient sidewalk, driveways, curb and gutter as directed by the Director of Engineering.

7. The owner/developer shall install ADA accessible driveway approaches and remove all existing driveways and parkway drains along Azusa Canyon Road. The owner/developer shall install an ADA curb ramp at the northeast corner of the intersection of Azusa Canyon Road and Los Angeles Street. All improvements shall be constructed in accordance with City standards to the satisfaction of the Director of Engineering.

8. The owner and/or developer shall upgrade street lighting fixtures along the Azusa Canyon Road property frontage to LED fixtures in accordance with Los Angeles County standards and to the satisfaction of the Director of Engineering.

9. The owner and/or developer shall reimburse the City for the actual cost for the installation, replacement or modification of street name signs, traffic control signs, striping and pavement markings required in conjunction with the development.

10. Common driveways shall not be allowed , unless approved by the Director of Engineering. Proposed driveways shall be located clear of existing fire hydrants, street lights, water meters, etc.
11 . Driveway No. 1 located on Azusa Canyon Road, northerly of the intersection of Azusa Canyon Road and Los Angeles Street shall be constructed to allow right turn in and right turn out only access. It shall be constructed at a minimum of 40 feet wide or wider as approved by the Director of Engineering to allow for safe commercial truck traffic circulation .

UTILITIES

12. Storm drains, catch basins, connector pipes, and appurtenances for the site specific storm drain system shall be designed and constructed in accordance with Los Angeles County standards and the Director of Engineering's requirements.

The owner/developer shall submit grading and drainage plans to the Director of Engineering for review and approval. The grading and drainage plans shall be prepared by a licensed civil engineer and comply with Los Angeles County grading permit requirements. A hydrology study shall be included with the drainage plan.

13. The owner/developer shall pay for the entire cost for the design, engineering construction and inspection of any upgrade to the water main and connections as required by the serving water company for the proposed development.

City Council Commission Resolution No. 2022-110-3360

14. The owner/developer shall obtain a Storm Drain Connection Permit for the connection to the existing storm drain system.

15. Fire hydrants shall be installed as required by the Fire Department. Existing public fire hydrants adjacent to the site, if any, shall be upgraded if required by the Director of Engineering.

16. Sanitary sewers shall be constructed in accordance with City specifications to serve the subject development. The plans for the sanitary sewers shall be approved by the Director of Engineering. A sewer study shall be submitted along with the sanitary sewer plans.

17. Prior to the issuance of building permits, the owner/developer shall provide a willserve letter from the water utility provider to the City.

TRAFFIC

18. In accordance with Mitigation Measure T-1 of the project MND, prior to the issuance of certificates of occupancy, the owner/developer shall construct the following improvements:
• Include new crosswalks (as shown in the two alternatives in Appendix 4 [final alternative pending selection]) as follows:
• Alternative 1 - north, west and east legs of the intersection • Alternative 2 - north, west, and south legs of the intersection • Include on-street parking restriction on the east side of Azusa Canyon Road, north of Los Angeles Street, within 150 feet of the intersection. • Demonstrated compliance with required sight distance and other safety considerations.

19. Prior to the issuance of building permits, the owner/developer shall pay the projects fair share amount for improvements at the intersection of Arrow Highway and Azusa Canyon Road. Improvements will include the addition of a 3rd westbound through lane and a northbound right turn traffic signal overlap phase.

20. Prior to the issuance of any building permits, the owner/developer shall pay to the City $550,000 for the installation of a new traffic signal at the intersection of Azusa Canyon Road and Los Angeles Street. The owner shall dedicate any easements necessary for the construction, maintenance, and operation of the traffic signal.

Improvements will include modifying the existing striping for the eastbound and westbound approaches to provide the following lane configuration:

City Council Commission Resolution No. 2022-110-3360

• Eastbound: 1 left turn, 1 shared left/through, 1 right turn • Westbound: 1 left turn, 1 shared/through/right

21. Prior to the issuance of any occupancy or tenant improvement permit, the proposed tenant(s) shall provide a site-specific trip generation technical memo demonstrating that the average daily vehicle trips do not exceed 362 daily PCE (passenger car equivalent) trips, 45 PCE AM trips, 46 PCE PM trips, and 197 daily passenger car trips. The City will regularly and continually monitor the actual trips generated by the project and enforce the maximum limit of allowable trips. If the project applicant/owner proposes to exceed any limits, additional traffic analyses and VMT (vehicle miles traveled) analysis shall be reviewed and approved by Director of Engineering . If the VMT exceeds the applicable threshold at the time of subsequent review, the issuance of the respective permit shall be subject to CEQA review. The owner/applicant shall be solely responsible for all costs related to analyses, peer review, monitoring and enforcement.

FEES

22. That the owner/developer shall comply with all requirements of the County Sanitation District, make application for and pay the sewer maintenance fee.

23. That the owner/developer shall pay the connection fee upon application for storm water connection to the County of Los Angeles system.

MISCELLANEOUS

24. The owner/developer, under the direction of a certified land surveyor and at no cost to the City, shall install all required property boundary monuments, centerline ties and City monuments subject to the Director of Engineering's approval.

25. The owner/developer shall comply with the National Pollutant Discharge Elimination System (NPDES) program and shall require the general contractor to implement storm water/urban runoff pollution prevention controls and Best Management Practices (BMPs) on all construction sites in accordance with the City Code. The owner/developer will also be required to submit a Certification for the project and may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP). Projects over five acres in size will be required to file a Notice of Intent (NOi) with the State Water Resources Control Board (SWRCB). The owner/developer can obtain the current application packet by contacting the SWRCB, Construction Storm Water Unit, at (866) 563-3107 or by downloading the forms from their website at:
www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml.

The project shall also conform to the City's Ordinance regarding the requirements for the submittal of a Standard Urban Storm Water Mitigation Plan ("SUSMP"), and the requirements of Low Impact Development ("LID"). The SUSMP includes a City Council Commission Resolution No. 2022-110-3360

requirement to implement Post Construction BMPs to infiltrate the first 3/4" of runoff from all storm events and to control peak-flow discharges.

26. Unless exempted by the Los Angeles Regional Water Quality Control Board, a Covenant and Restriction ensuring the provisions of the approved SWPPP shall also be required.

E. PUBLIC WORKS SERVICES

1. All utilities and signs on the public right-of-way shall meet horizontal and vertical ADA clearance requirements. The utilities and signs in the public right-of-way include: two (2) Edison poles, one (1) anchor support for Edison pole, two (2) fire hydrants, one (1) stop sign, one (1) welcome to Irwindale sign, and two (2) speed limit signs.

2. All pedestrian and approach ramps in the public right-of-way shall meet ADA requirements. Pedestrian ramps shall have brick red truncated domes in the public right-of-way.

3. City of Irwindale requests irrigation and landscaping plans for the public right-ofway and parkways. The plans will be submitted to the Public Works Services Manager for review and approval.

4. Repair underground vault to make flush within the sidewalk adjacent to northern most fire hydrant on Azusa Canyon Road.

5. The owner and/or developer shall remove and reconstruct all damaged, deficient, or substandard sidewalk, driveways, curb, and gutter as directed by the City Engineer and the Public Works Services Manager.

6. The owner and/or developer/applicant is responsible for obtaining encroachment permit(s) prior to any type of work in the public right-of-way.

7. Any work within easements on the project site shall require proper permits from the easement holder (City of Irwindale, County of Los Angeles, etc.).

8. The owner/developer shall comply with the National Pollutant Discharge Elimination System (NPDES) program and shall require the general contractor to implement storm water/urban runoff pollution prevention controls and Best Management Practices (BMPs) on all construction sites in accordance with the City Code. The owner/developer will also be required to submit a Certification for the project and may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP). Projects over five acres in size will be required to file a Notice of Intent (NOi) with the California Environmental Protection Agency's State Water Resources Control Board (SWRCB). The owner/developer can obtain the current City Council Commission Resolution No. 2022-110-3360

application packet by contacting the SWRCB, Construction Storm Water Unit, at (866) 563-3107 or by downloading the forms from the following website:
www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml.

9. The project shall also conform to the City's Ordinance regarding the requirements for the submittal of a Standard Urban Storm Water Mitigation Plan ("SUSMP"), and the requirements of Low Impact Development ("LID"). The SUSMP includes a requirement to implement Post Construction BMPs to infiltrate the first 3/4" of runoff from all storm events and to control peak-flow discharges.

10. Unless exempted by the Los Angeles Regional Water Quality Control Board , a Covenant and Restriction ensuring the provisions of the approved SWPPP shall also be required.

11. No dumping or unpermitted discharges are allowed into the San Gabriel River via Big Dalton Wash, catch basins and storm drains.

F. BUILDING AND SAFETY

1. Complete Construction Documents include but not limited to Grading , Drainage, Soil Investigation, Architectural, Structural, Electrical, Mechanical, Plumbing, Landscaping, etc. , shall be submitted to Irwindale Building & Safety Department for Plan check and Approval Process prior to any Permit Issuance. All Construction Documents shall be prepared by a California Licensed Engineer specialized on the submitted documents based on the current Codes adopted by City of Irwindale.

2. Grading, Drainage, Building and all other trade permits shall be obtained from Irwindale Building and Safety Division by a California licensed contractor(s). All construction shall be in compliance with the current Irwindale Building & Municipal Codes.

3. Other agencies' (Fire, Sanitation ... etc.) approvals shall be required prior to any permit issuance. An agency referral sheet shall be provided to the applicant at the time of submittal to Building & Safety.

4. The Owner/Developer/Applicant shall be the sole responsible party for all required Plan Check and Permit fees, as well as any other agencies' fees.

5. All plans submitted shall be subject to the County of Los Angeles (City of Irwindale office) Minimum Plan Submittal Requirements for Non-Residential Construction .

City Council Commission Resolution No. 2022-110-3360

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CITY OF IRWINDALE

PLANNING COMMISSION STAFF REPORT

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

ATTACHMENT D
Date: September 21, 2022 Agenda Item No. 3-B
To: Honorable Chair and Members of the Planning Commission From: Marilyn Simpson, AICP, Community Development Director Project Planner: Brandi Jones, Senior Planner
Lisa Chou, Associate Planner
Project: Site Plan & Design Review (DA) No. 04-2020
Speculative 129,830 Square-Foot Concrete Tilt-Up Building Applicant: Michael Ramirez, Rexford Industrial Realty, LLC Property Owner: Rexford Industrial Realty, LLC
Project Location: 4416 Azusa Canyon Road (APN: 841 7-004-006) *
Planning Commission Meeting
Site Plan & Design Review (DA) No. 04-2020
N
A
Map Date May 2022
Source: ESRt, City of lf'ftindaJe
September 21 , 2022
Staff Recommendation: That the Planning Commission:
1) Adopt Resolution No 813(22) entitled "A Resolution of the Planning Commission of the City of Irwindale, Recommending that the City Council adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Construction of one (1) Speculative Industrial Tilt-Up Building Totaling ±129,830 Square Feet For Property Located at 4416 Azusa Canyon Road, Irwindale, CA 91706 (APN:
8417-004-006) in the M-1 (Light Manufacturing) Zone and Making Certain Findings of Fact, Pursuant to the California Environmental Quality Act 2) Adopt Resolution No. 814(22) entitled, "A Resolution of the Planning Commission of the City of Irwindale Recommending that the City Council approve Site Plan and Design Review (DA) No. 04-2020 for the Construction of one (1) Speculative Industrial Tilt-Up Building Totaling ±129,830 Square Feet For Property Located at 4416 Azusa Canyon Road , Irwindale, CA 91706 (APN: 8417-004-006) in the M-1 (Light Manufacturing) Zone and Making Certain Findings of Fact; subject to the City Council adoption of the MND and MMRP and subject to the attached Conditions of Approval.

REQUEST
The Applicant is requesting a Site Plan and Design Review (DA) for the construction of a ±129,830 square-foot concrete tilt-up building and associated parking located at 4416 Azusa Canyon Road, within the City of Irwindale.

BACKGROUND/HISTORY
This item was continued from the May 18, 2022 Planning Commission Meeting. The public hearing notice for this item was appropriately reposted on September 8, 2022 and republished per the IMC requirements on September 9, 2022.

Based on a review of historical information, the project site appears to have been used as an orchard from at least 1928 until around 1952, when the site became vacant. The current main building was constructed in 1956 and was used by PepsiCo as a bottling plant. The site is presently developed with one building of approximately 62,713 square feet in the western half of the site, a large metal shed north of the building, and a loading dock and large truck yard on the eastern portion of the site (LACOA 2021 ). The building is a single-story structure of concrete tilt-up construction on a concrete slab floor. The bottling plant ceased operation in December 2020 and the site has remained vacant.

On February 16, 2022, the Planning Commission conducted a duly noticed public hearing, closed the public hearing, and requested staff to provide more information on the traffic study and continued the meeting to a date uncertain. The transportation analysis from the technical appendices of the Mitigated Negative Declaration (MND) was routed to the Commissioners on February 17, 2022. The Commissioners also inquired about the difference between the preparation of the MND for the project instead of an Environmental Impact Report (EIR). In addition, the applicant team has taken Commissioner feedback from the February 16, 2022 public hearing and proposed some design changes. The full report, as presented during the February 16, 2022 Planning Commission meeting, is Planning Commission Meeting September 21, 2022
Site Plan & Design Review (DA) No. 04-2020
available on the project's dedicated webpage of the City website and attached as Exhibit "E". On March 16, 2022, the Planning Commission hearing was cancelled. On May 18, 2022, the Planning Commission conducted a duly noticed public hearing, closed the public hearing, and continued the meeting to a date uncertain.

GENERAL PLAN AND ZONING
The site is designated in the General Plan as Industrial/Business Park. The property is currently zoned M-1 (Light Manufacturing).The following zones and uses surround the site:
~ - - - ' \ l I ' ' ! \ I \ I ~ 1_1 \ ~ ' ~
North
South
East
West
Industrial Businesses
Industrial Businesses
Industrial Businesses
Public Works Yard &
Olive Pit

ENVIRONMENTAL REVIEW
M-2, Heavy Manufacturing
M-2, Heavy Manufacturing
M-2, Heavy Manufacturing
M-1, Light Manufacturing &
Q, Quarry
In accordance with the California Environmental Quality Act, the City of Irwindale prepared an Initial Study to determine whether the proposed project may have a significant adverse effect on the environment. Based on the Initial Study and subsequent analysis, staff, based on a determination and recommendation by environmental consultants PlaceWorks and Urban Crossroads, has determined that the project as proposed qualifies for a Mitigated Negative Declaration according to the California Environmental Quality Act (CEQA), pursuant to Section 15074 of the CEQA Guidelines.

Specifically, the impacts of the proposed project would be mitigated to less-thansignificant levels with the implementation of the Mitigation Measures for the following areas:
• Air Quality
• Cultural Resources
• Geology and Soils
• Hazards and Hazardous Materials
• Transportation
• Tribal Cultural Resources
• Mandatory Findings of Significance
The Initial Study, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are on file in the Community Development Department/Planning Division, City Hall and the Irwindale Public Library. The IS/MND (Exhibit "E") was posted and circulated for the required thirty (30) days for public review and comments (December 21 , 2021 through January 19, 2022). (A copy of the above referenced documents are posted on the City's website at https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road.

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The specific details of the mitigation methods are included in the Mitigation Monitoring and Report Program (MMRP).

A total of four (4) letters were received during the comment period. These comments were provided by: State of California Department of Transportation (Caltrans), Los Angeles County Sanitation District, Lozeau Drury, LLP and Teamsters Local Union No. 396. The comment letters and responses to comments have been included in the MND. Two additional letters from Lozeau Drury, LLP were received after the comment period on February 16, 2022 and March 16, 2022.

Additionally, PlaceWorks and Urban Crossroads, the environmental consultants that prepared the MND and MMRP for the project, have prepared detailed responses (Exhibit "F" and Exhibit "G") to the letters dated February 16, 2022 and March 16, 2022 from Lozeau Drury, LLP. The letters assert that the IS/MND does not adequately analyze and mitigate air quality, greenhouse gas, hazards and hazardous materials, and transportation impacts and requests the preparation of an EIR.

The responses prepared by PlaceWorks address each area of concern to fully disclose potential environmental impacts and mitigation measures, which reduces impacts to less than significant levels. It is the professional assessment and recommendation of PlaceWorks that an EIR is not required for this project. PlaceWorks has thoroughly analyzed the project and potential impacts and has determined that the Mitigation Measures and Conditions of Approval will avoid impacts to a point where no significant impacts on the environment would occur, therefore a Mitigated Negative Declaration was prepared for the project.

The Response to Comments (Exhibit H), dated February 2022 was updated in September 2022. The IS/MND also contains revised sections that were not available at the time of the IS/MND publication. These revisions include modifications to Mitigation Measure T-1 , updates to the project description, and updates to intersection concept designs.

In accordance with CEQA Regulation 15074.1 , as a result of the public review process for a proposed mitigated negative declaration, the lead agency may conclude that certain mitigation measures identified in the MND are infeasible or otherwise undesirable. Prior to approving the project, the lead agency may delete those mitigation measures and substitute for them other measures which the lead agency determines are equivalent or more effective.

Prior to substituting for a mitigation measure, the lead agency is required to (1) hold a public hearing on the matter, which may be combined with the hearing to consider the project; and (2) adopt a written finding that the new measure is equivalent or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effect on the environment. In that instance, no recirculation of the MND is required.

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The Transportation Analysis for the proposed project (Appendix I of the IS/MND) included recommended improvements at the intersection of Azusa Canyon Road and Los Angeles Street. The improvements address potential safety concerns in conjunction with the proposed off-site traffic signal at this intersection. These recommendations were included as Mitigation Measure T-1 in the December 2021 IS/MND.

The concept design for the intersection at Azusa Canyon Road and Los Angeles Street has been updated since the publication of the IS/MND. The updated concept plans are shown in Appendix 4 of the MND and include two alternative designs.

In comparison to the original design, neither of the design alternatives would restrict onstreet parking on the south side of Los Angeles Street, east of Azusa Canyon Road.

However, restriction of on-street parking on the east side of Azusa Canyon Road, north of Los Angeles Street, would still be required . Under the original design, new crosswalks on the east and west leg of the intersection were proposed. For the two alternatives shown in Appendix 4:
• Alternative 1 would require a crosswalk on the east and west leg of the intersection , similar to the original design. This alternative also includes a curb "bulb-out" at the southeast corner of the intersection. This improvement allows the parking along the south side of Los Angeles Street to be preserved.
• Alternative 2 would require a crosswalk on the east, west, and south leg of the intersection.

Under existing conditions, there is only one crosswalk on the north leg of the intersection.

Mitigation Measure T-11
Prior to the issuance of occupancy permits, the project applicant shall submit final improvement plans for the Azusa Canyon Road/Los Angeles Street intersection, including the new traffic signal and crosswalk striping. The plans shall be submitted to and approved by the City's Public Works Department. The plans shall: provide the follmving improvements at the intersection of Azusa Canyon Road and Los Angeles Street:
• A new crosswalk on the east leg of the intersection.
• Include new crosswalks (as shown in the two alternatives in Appendix 4 [final alternative pending selection]) as follows:
o Alternative 1 - north . west and east legs of the intersection o Alternative 2 - north, west, and south legs of the intersection 1 Strikeout text to indicate deletions and underlined text to signify additions.

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• Restrict on street parking on the south side of Los Angeles Street, east of Azusa Canyon Road, 1A'ithin 150 feet of the intersection.
• Restrict Include on-street parking restriction on the east side of Azusa Canyon Road, north of Los Angeles Street, within 150 feet of the intersection. • Demonstrated compliance with required Review sight distance and other safety considerations.

Mitigation Measure T-1 includes updated concept designs for the proposed improvements at the intersection of Azusa Canyon Road and Los Angeles Street. The proposed revisions do not represent substantive project changes with respect to CEQA. These changes would not result in any physical change to the environment and would not alter the impact analysis as included in the Initial Study for the proposed project. Additionally, Mitigation Measure T-1, as modified, is as effective as the mitigation measure included in the December 2021 IS/MND, because the new measure will avoid or reduce any potentially significant safety impacts to motorists and pedestrians to at least the same degree as the previous measures by the design of an off-site traffic signal including the required striping and crosswalks at the intersection. Moreover, because there is no change to the environment nor would it alter the impact analysis, the new mitigation measure does not cause any potentially significant effect. Therefore, the proposed revisions to the IS/MND would not meet the conditions pursuant to CEQA Guidelines 15073.5, Recirculation of a Negative Declaration Prior to Adoption, that would constitute a substantial revision requiring recirculation of the IS/MND.

Transporlation
Pursuant to City Council Resolution No. 2020-53-3163, wherein the City Council of the City of Irwindale adopted "Vehicle Miles Traveled" thresholds of significance for purposes of analyzing transportation impacts under CEQA Guidelines section 15064.3, Urban Crossroads conducted a transportation analysis as part of the analysis of the project within the MND. CEQA Guidelines Section 15064.3 identifies vehicle miles traveled ("VMT") - meaning the amount and distance of automobile travel attributable to a project - as the most appropriate metric to evaluate a project' s transportation impacts.

Pursuant to the Office of Planning and Research ("QPR") Technical Advisory on Evaluating Transportation Impacts in CEQA, absent substantial evidence indicating that a project would generate a potentially significant level of VMT, or inconsistency with a general plan, projects that generate or attract fewer than 110 trips per day generally may be assumed to cause a less-than-significant transportation impact. The Project was analyzed to generate or attract fewer than 110 trips per day, thus VMT analysis was screened out due to a presumption of less than significant impacts.

However, the City of lrwindale's Policy Guidelines for Traffic Impact Reports requires that projects undergo a Level of Service ("LOS") analysis. Urban Crossroads estimated vehicle trips based on data from the ITE (Institute of Transportation Engineers) Trip Generation Manual, a nationally recognized source for estimating land use-specific trip Planning Commission Meeting September 21 , 2022
Site Plan & Design Review (DA) No. 04-2020
generation, which is listed as a fundamental requirement within the City's Policy Guidelines for Traffic Impact Reports. To account for the effects of truck traffic in the traffic analyses, vehicle mix data from the City of Fontana Truck Trip Generation Study was utilized to generate estimated truck trips.

The transportation analysis report found that improvements were needed at two intersections-Azusa Canyon Road/Los Angeles Street and Azusa Canyon Road/Arrow Highway-to provide an acceptable level of service at these locations. The recommendations and conditions of approval include contributions on a fair-share basis to address existing deficient operations (see Appendix I). The proposed signal control improvement at Azusa Canyon Road/Arrow Highway is based on the Project's fair share of impacts, calculated to be 9%, with the Applicant agreeing to contribute $550,000 to the new traffic signal. The Project is estimated to impact the Azusa Canyon Road/Arrow Highway intersection on a fair share basis of 2%, with the Applicant agreeing to contribute its fair share amount to the lane configuration and traffic signal phasing modification improvement. It is the professional assessment and recommendation of Urban Crossroads that these mitigation measures will reduce any impacts to less than significant levels and will significantly improve the existing levels of service at the intersections.

These improvement requirements are incorporated in the Conditions of Approval.

Additionally, a project Condition of Approval requires that any proposed tenant(s) provide a site-specific trip generation technical memo demonstrating that the business will not exceed the maximum limit of allowable trips as studied by the transportation analysis. The condition also states that the City will regularly and continually monitor the actual trips generated by the project and enforce the maximum limit of allowable trips. The owner/applicant shall be solely responsible for all costs related to analyses, peer review, monitoring and enforcement.

Staff has been informed that Rexford Industrial Realty has been granted an ingressegress easement for a portion of the property directly adjacent to the Project by Lansford Development, owners and operators of the onsite business Decore-rative Specialties, as well as owners of the property at 4414 Azusa Canyon Road, known as Assessor's Parcel No. 8417-004-007.

The easement is 63.5 feet wide having the north line of the easement adjoining the south line of Assessor's Parcel 8417-004-006. The easement begins at the easterly right-of - way of Azusa Canyon Road and terminates easterly at the curve on the westerly rail road right-of-way, identified as Assessor's Parcel 8417-004-907.

SITE PLAN AND DESIGN REVIEW
Pursuant to the provisions of Chapter 17.70 (Site Plan and Design Review) of the Irwindale Municipal Code (IMC), "No person shall construct any building or structure or make structural and physical improvements, additions, extensions and/or exterior alterations, and no permit shall be issued for such construction until the site plan and design review has been submitted to, reviewed by, and approved in accordance with this Planning Commission Meeting September 21 , 2022
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chapter. The property may only be developed, used and maintained in accordance with the approved site plan and design review."
Front Yard Setback
Side Yard Setback
Rear Yard Setback
Floor Area Ratio (F.A.R.)
Building Height2
Landscaping
Parking
Truck/Trailer Parking
Project Description
20'-0"
20'-0"
NIA

1.0:1.0
35'-0"
10%
116
NIA
69'-0" - 105'-0"
25'-0" - 160'-0"
48'-5" - 108'-11 "

0.52:1.0
39'-0"
11 %
123
NIA
The proposed project is for the construction of a ±129,830 square-foot speculative concrete tilt-up building and associated passenger vehicle parking. The building consists of ±9,160 square feet of office, ±17,000 square feet of manufacturing and ±103,670 square feet of warehousing. The property has a gross square footage of 256,664 square feet (5.89 acres) and a net square footage of 251,096 square feet (5.76 acres). There is a required street dedication (Exhibit "D") along Azusa Canyon Road of 5,568 square feet (0.13 acres). At this time, there is no prospective user.

Tribal Consultation
On May 10, 2021 , the following tribes were notified pursuant to AB 52:

Gabrieleno Band of Mission lndians- Kizh Nation
Gabrieleno/Tongva San Gabriel Band of Mission Indians
Gabrielino/Tongva Nation
Gabrielino/Tongva Indians of California Tribal Council
Gabrielino-Tongva Tribe
Santa Rosa Band of Cahuilla Indians
Soboba Band of Luiseno Indians
Three (3) responses were received . The Gabrielino/Tongva Indians of California Tribal Council requested that the tribe be notified if prehistoric materials or burial remains are found during construction. If burial remains are found , the tribe wants to engage in formal consultation. The Gabrieleno Band of Mission lndians-Kizh Nation provided tribal archive information identifying the high cultural sensitivity of the project site. To avoid impacting or destroying tribal cultural resources that may be inadvertently unearthed during the project's ground disturbing activities the tribe provided the City with measures to mitigate 2 Per IMC Subsection 17.08.085 "Building Height" means the vertical distance from the finished grade of the lot to the highest average point of the building or structure.

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or avoid a significant effect on tribal cultural resources. The Santa Rosa Band of Cahuilla Indians responded that the tribe did not have any comments.

Building Design/Design Guidelines
The proposed project is a single-story building located on the former PepsiCo Bottling plant. The proposed tilt-up building incorporates many of the desired design elements from the Commercial and Industrial Design Guidelines. The layout, landscaping and design of the site also incorporated encouraged design principles. For example, the use of an authentic period style compatible with City context, new buildings that draw upon the fundamental characteristics of existing buildings in the City, fa9ade depth of plans and variations on all sides, including varied rooflines, berms, meandering sidewalks and multilayered landscaping.

The building incorporates tower elements as focal points and breaks up the expansive exterior walls with architectural projections and details around the windows. The vertical and horizontal reveals, arched windows and multi-color palette also work to add depth and character to the building. The design is similar to many of the recently approved developments, which have been designed to closely adhere to the guidelines, while maintaining function and aesthetic uniqueness.

Design Enhancements
Based on feedback from the Planning Commissioners, the Applicant team revisited the designs for the sidewalk and water fountain. A meandering sidewalk along Azusa Canyon Road is now incorporated in the updated site plan. The Applicant is also proposing a "Welcome to Irwindale" sign on the water fountain on the corner of Azusa Canyon Road and Los Angeles Street. A revised site plan and detail of the water fountain has been included in the project plans and attached to this report as Exhibit "C".

Operation
The prospective use is currently unknown but there are many potential uses that are permitted by right due to the current zoning designation. However, certain uses would not be allowed or would be subject to a Conditional Use Permit. These uses would require Planning Commission approval prior to operation and be subject to a set of Conditions of Approval and a signed Affidavit of Acceptance from the property owner and tenant acknowledging and agreeing to abide by the imposed conditions. Cold storage has been expressly prohibited for this site without further future environmental analysis. The overwhelming majority of new industrial development in the City is speculative.

Landscaping, Project Fencing and Screening
Approximately 27,979 square feet (11 %) of the project site is proposed to be landscaped in compliance with the "City of Irwindale Commercial and Industrial Design Guidelines" and the Zoning Code requirements for parking area landscaping. The proposed percentage meets and exceeds the required ten percent (10%) that is required within the Irwindale Municipal Code. The proposed landscape plan is comprised of a combination of parking lot shade trees, shrubs, and groundcover. An eight (8) foot high steel fencing is proposed which surrounds the majority of the property.

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Access and Circulation
Ingress and egress to the site are provided via a three (3) driveways, one fronting onto Azusa Canyon Road and the other two (2) fronting on Los Angeles Street. The proposed building is setback approximately 69'-0", which will also accommodate projected queuing, thus avoid overflow onto Azusa Canyon Road and Los Angeles Street. A 20"-0" wide street dedication along Azusa Canyon Road is required.

Parking
IMC Subsection 17.64.030.P(2) provides, "Offices not providing customer service on the premises" requires a minimum one (1) parking space for each two (2) employees on the maximum (most workers) working shift or one (1) space for each 350 square feet of gross floor area, whichever is the greater and IMC Subsection 17.64.030(V) "Warehouse and storage buildings" requires one (1) parking space for each 1,000 square feet of the first 20,000 square feet of gross floor area, one (1) space for each 2,000 square feet for the next 20,000 square feet of gross floor area and one (1) space for each 4,000 square feet for all floor area over 40,000 square feet of gross floor area.

Based on the proposed square footage, the project requires 116 stalls and 123 stalls are being proposed [five (5) ADA stalls, ninety-seven (97) standard stalls and twenty-one (21) compact stalls]. There are no designated trailer stalls. All parking is surface parking; there are no proposed parking structures or subterranean lots.

Building Height
The maximum building height in the M-1 (Light Manufacturing) zone is 35'-0". Per IMC Subsection 17.08.085 "Building Height" means the vertical distance from the finished grade of the lot to the highest average point of the building or structure. The rooflines vary from approximately 30'-7" to 35'-0" and the parapet walls , including the architectural features extend to a maximum height of 39'-0". IMC Subsection 17.68.010 "Height of Penthouses and Roof Structures" allows parapet walls to be erected above the height limits prescribed.

Signage
IMC Section 17.56.050 "Signs" provides the maximum allowable sign area for freestanding and wall signs. Based on the approximate square footage of the speculative industrial building, the allowable amount of wall signage would equate to ±1 ,298 square feet. Freestanding signs would be limited to 150 square feet regardless of building size.

ANALYSIS
Site Plan & Design Review Analysis
Before any Site Plan and Design Review is approved , the applicant must show, to the satisfaction of the Planning Commission and the City Council, the existence of the following findings of fact. Staff has determined that the findings can be made based on the analysis below:

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1. The proposed project is in conformance with the general plan, zoning ordinance, and other ordinances and regulations of the City.

The subject site is zoned M-1 (Light Manufacturing) and has a General Plan land use designation of Industrial/Business Park and Residential. The existing General Plan and Zoning designations are consistent, which eliminates the need for any legislative action such as a Zone Change or General Plan Amendment. The project also meets the minimum development standards for the applicable zones, such as setbacks, height, floor area ratio (F.A.R), parking and aesthetic design without the need for a Zone Variance to accommodate a deviation from any measurable standards. The prospective use is currently unknown but there are many potential uses that are permitted by right due to the current zoning designation, however certain uses would be not be allowed or would be subject to a Conditional Use Permit.

2. The proposed project is in conformance with any redevelopment plan and regulations of the community redevelopment agency and any executed owner's participation agreement or disposition and development agreement.

This finding is no longer applicable, as Irwindale Community Redevelopment Agency no longer exists. There are also no owner's participation agreement or disposition and development agreement involved.

3. The following are so arranged as to avoid traffic congestion, to ensure the public health, safety, and general welfare, and to prevent adverse effect on surrounding properties:
a) Facilities and improvements,
The proposed building is setback approximately 69'-0" from vehicle ingress to accommodate projected queuing, thus avoiding overflow onto Azusa Canyon Road and Los Angeles Street. All structures and infrastructure improvements will be constructed to current code and completed prior to issuance of the Certificate of Occupancy.
b) Pedestrian and vehicular ingress, egress, and internal circulation, There is no proposed through-site access. The site is bordered by industrial buildings to the north, south, and east and the City's Public Works yard and Olive Pit to the west. Azusa Canyon Road and Los Angeles Street serve as the vehicular access to the site. There is also a required 20'-0" street dedication on Los Angeles Street, which includes a meandering sidewalk.
c) Setbacks,
The project has been designed to comply with and exceed the minimum required setbacks for the M-1 (Light Manufacturing) zone. The proposed front yard setbacks range from 20'-0" to 105'-0", exceeding the minimum requirement of 20'-0". The proposed side yard setbacks range from 25'-0" to 160'-0'', exceeding the minimum requirement of 20'-0". The proposed rear yard setbacks range from 48'-5" to 108'- Planning Commission Meeting September 21, 2022
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11 ", and there is no required rear yard setback when abutting non-residentially zoned properties.
d) Height of buildings,
The maximum building height in the M-1 (Light Manufacturing) zone is 35'-0". Per IMC Subsection 17.08.085, "Building Height" means the vertical distance from the finished grade of the lot to the highest average point of the building or structure.

Per IMC Subsection 17.68.010, parapet walls may be erected above the height limits. The rooflines vary from approximately 30'-7" to 35'-0" and the parapet walls, including the architectural features extend to a maximum height of 39'-0".

Nonetheless, the proposed buildings have been designed to complement the massing and height of the existing buildings in the area. e) Signs,
Based on the approximate square footage of the speculative industrial building, the allowable amount of wall signage would equate to ±1 ,298 square feet.

Freestanding signs would be limited to 150 square feet regardless of building size. f) Mechanical and utility service equipment,
The site has been designed to attractively screen all rooftop and surface level mechanical equipment and storage area. The parapet roof will provide adequate screening of any proposed rooftop equipment. During the permitting process, a line of sight study is required to substantiate proper screening. Mechanical equipment and storage areas are screened, out of public view and often with solid walls and landscaping.
g) Landscaping,
The landscaping requirement has been met through considered choices of plantings appropriate to the location, building type, and building scale.

Approximately 27,979 square feet (11 %) of the project site is proposed to be landscaped in compliance with the "City of Irwindale Commercial and Industrial Design Guidelines" and the Zoning Code requirements for parking area landscaping. The proposed landscape plan is comprised of a combination of parking lot shade trees, shrubs, and groundcover.
h) Grading,
Project has been designed to take advantage of the existing topography, thus reducing grading activities on site. A grading permit will be required and issued from Building and Safety.
i) Lighting,
All lighting is designed to complement the structures and oriented to properly illuminate the site as not to create "dark pockets" that could support nefarious activities or spill onto other properties, creating a nuisance. The premises will be secured with appropriate security lighting, to obtain a minimum of 1-foot candles over the entire site. A photometric lighting plan shall be submitted, subject to the Planning Commission Meeting September 21 , 2022
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review and approval of the Community Development Department and the Police Department.
j) Parking,
IMC Subsection 17.64.030.P(2) provides, "Offices not providing customer service on the premises" requires a minimum one (1) parking space for each two (2) employees on the maximum (most workers) working shift or one (1) space for each 350 square feet of gross floor area, whichever is the greater and IMC Subsection

17.64.030(V) "Warehouse and storage buildings" requires one (1) parking space for each 1,000 square feet of the first 20,000 square feet of gross floor area, one (1) space for each 2,000 square feet for the next 20,000 square feet of gross floor area and one (1) space for each 4,000 square feet for all floor area over 40,000 square feet of gross floor area. Based on the proposed square footage, the project requires 116 stalls and 123 stalls are being proposed [five (5) ADA stalls, ninetyseven (97) standard stalls and twenty-one (21) compact stalls]. All parking is surface parking; there are no proposed parking structures or subterranean lots. k) Drainage,
A Water Quality Management Plan (WQMP) has been prepared to address hydrology and drainage.

I) Intensity of land use.

The project is located on a flat, irregularly shaped lot. It had been used as an orchard from at least 1928 until around 1952, when the site became vacant. The current main building was constructed in 1956 and was used by PepsiCo as a bottling plant. The site is presently developed with one building of approximately 62, 713 square feet in the western half of the site, a large metal shed north of the building, and a loading dock and large truck yard on the eastern portion of the site (LACOA 2021 ). The building is a single-story structure of concrete tilt-up construction on a concrete slab floor. The metal shed was part of the old truck wash area that is connected to the building by an overhang . The bottling plant ceased operation in December 2020 and the site has remained vacant. The proposed building will be approximately 129,830 square feet with associated passenger vehicle parking, truck parking , and eighteen (18) loading docks. The proposed industrial warehouse building is consistent with the General Plan designation of Industrial/Business Park and Zoning designation of M-1 (Light Manufacturing), as well as adjacent industrial land uses.

4. The proposed development is consistent with applicable city design guidelines and historic design themes, and provides for appropriate exterior building design and appearance consistent and complementary to present and proposed buildings and structures in the vicinity of the subject project while still providing for a variety of designs, forms and treatments.

The proposed tilt-up building incorporates many of the desired design elements from the Commercial and Industrial Design Guidelines including but not limited fa9ade Planning Commission Meeting September 21 , 2022
Site Plan & Design Review (DA) No. 04-2020
elements, roofs and parapets, materials and colors. The layout, landscaping and design of the site also incorporated encouraged design principles. For example, the use of an authentic period style compatible with City context, new buildings that draw upon the fundamental characteristics of existing buildings in the City, fac;ade depth of plans and variations on all sides, including varied rooflines, berms, meandering sidewalks and multi-layered landscaping.

CONCLUSION
It is recommended that the Planning Commission take the following action:

1. Adopt Resolution No. 813(22) recommending that the City Council adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP);

2. Adopt Resolution No. 814(22) recommending that the City Council approve Site Plan and Design Review (DA) No. 04-2020 subject to the proposed Conditions of Approval to permit the proposed improvements as presented herein .

Alternative Actions:

3. Request that staff prepare a resolution of denial based on recommended Findings of Fact to be brought back at the next regularly scheduled Planning Commission meeting for adoption; OR

4. Request that the applicant revise the project and continue the hearing to a date certain.

ATTACHMENTS
Exhibit A:

Exhibit B:

Exhibit C:

Exhibit D:

Exhibit E:

Exhibit F:

Exhibit G:

Resolution No. 813(22)
Resolution No. 814(22) with Conditions of Approval
Project Plans
Street Dedication Exhibit
Memo to Planning Commission, dated September 15, 2022 with links to project files: https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road Response to the Lozeau Drury, LLP letter, dated March 7, 2022 https://www.irwindaleca.gov/DocumentCenterNiew/7440/Exhibit-F--- Response-to-Lozeau-Drurv-LLP-03072022
Response to the Lozeau Drury, LLP letter, dated May 3, 2022 https://www.irwindaleca.gov/DocumentCenterNiew/7 441 /Exhibit-G--- Response-to-Lozeau-Drurv-LLP-05032022
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ATTACHMENT E
RESOLUTION NO. 813(22)

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF IRWINDALE,

RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE

DECLARATION (MND) AS AMENDED BY THE IMPOSITION OF A SUBSTITUTE

MITIGATION MEASURE, AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE CONSTRUCTION OF ONE (1) SPECULATIVE INDUSTRIAL TILT-UP BUILDING TOTALING ±129,830 SQUARE FEET FOR PROPERTY LOCATED AT 4416 AZUSA CANYON ROAD, IRWINDALE, CA 91706 (APN: 8417-004-006) IN THE M-1 (LIGHT MANUFACTURING) ZONE AND MAKING

CERTAIN FINDINGS OF FACT, PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

A. RECITALS.
(i) Michael Ramirez, 11620 Wilshire Boulevard, 101h Floor, Los Angeles, CA 90025, on behalf of Rexford Realty Industrial, has made a request for a Site Plan and Design Review (DA) for the construction of one (1) speculative concrete tilt-up building totaling approximately 129,830 square feet.
(ii) The Subject Property is located at 4416 Azusa Canyon Road, within the City of Irwindale (APN: 8417-004-006). The Subject Property is currently zoned M-1 (Light Manufacturing). Hereinafter in this Resolution, the subject Site Plan and Design Review shall be referred to as the "Application."
(iii) Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency has analyzed the project and has prepared a Mitigated Negative Declaration (MND). The MND was circulated for public review for the required 30 days from December 21, 2021 through January 19, 2022. A copy of the MND was circulated through the State Clearinghouse, posted on the City's website (https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road) and was available at the Community Development Department - Planning Division, City Hall, and the Irwindale Public Library. A copy of the MND and the Mitigation Monitoring and Reporting Program was posted on the City's website.
(iv) The public review period for the MND ended on January 19, 2022. (v) The Final MND was prepared on the proposed project, including the Draft MND, comments received on the Draft MND and responses to those comments, and revisions and corrections to the Draft MND made in response to comments received.

Planning Commission Resolution No. 813(22)

(vi) On February 16, 2022, the Planning Commission conducted a duly noticed public hearing on the Final MND at which time it received input from staff, the City Attorney's Office, and the Applicant, heard public testimony, and discussed the Proposed Project; and closed the public hearing, requested staff to provide more information on the traffic study and continued the meeting to a date uncertain.
(vii) On March 16, 2022, the Planning Commission Meeting was cancelled. (viii) On May 18, 2022, the Planning Commission conducted a duly noticed public hearing on the MND at which time it received input from staff, the City Attorney's Office, and the Applicant, heard public testimony, and discussed the Proposed Project; and closed the public hearing and continued the meeting to a date uncertain.
(ix) In accordance with CEQA Regulation 15074.1, as a result of the public review process for a proposed mitigated negative declaration, the lead agency may conclude that certain mitigation measures identified in the MND are infeasible or otherwise undesirable. Prior to approving the project, the lead agency may delete those mitigation measures and substitute for them other measures which the lead agency determines are equivalent or more effective.
(x) In response to public comments received, the IS/MND has been revised to contain sections that were not available at the time of the IS/MND publication. These revisions include modifications to Mitigation Measure T-1, updates to the project description, and updates to intersection concept designs.
(xi) On September 21, 2022, the Irwindale Planning Commission conducted a duly noticed public hearing, closed the public hearing and recommended that the Irwindale City Council approve the Site Plan and Design Review (DA), subject to the approval of a Resolution, which details the specific Conditions under which the Application was approved.
(xii) This document was prepared concurrently with the Site Plan and Design Review (DA) No. 04-2020.
(xiii) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION.

NOW, THEREFORE, Planning Commission of the City of Irwindale, having reviewed and considered the information in the MND and supporting documents and materials, does hereby find, determine, resolve and order as follows:

Planning Commission Resolution No. 813(22)

1. The Planning Commission hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and incorporated herein by this reference.

2. Pursuant to the California Environmental Quality Act ("CEQA") and the City's Local CEQA Guidelines, City staff prepared an Initial Study for the project. City staff determined that there was no substantial evidence that the project would have a significant effect on the environment after the implementation of Mitigation Measures.

Based on that determination, a Mitigated Negative Declaration was prepared.

Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration.

3. The MND was circulated for public review for the required 30 days from December 21, 2021 through January 19, 2022. A copy of the MND was circulated through the State Clearinghouse, posted on the City's website (https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road) and was available at the Community Development Department - Planning Division, City Hall and the Irwindale Public Library. A copy of the MND and Mitigation Monitoring and Reporting Program and technical studies were posted on the City's website.

The Planning Commission has reviewed the Initial Study and Mitigated Negative Declaration, comments received regarding the Mitigated Negative Declaration thereto, and City staff's responses. In accordance with CEQA Regulation 1507 4.1, in response to public comments received, the IS/MND has been revised to contain sections that were not available at the time of the IS/MND publication. These revisions include modifications to Mitigation Measure T-1 , updates to the project description, and updates to intersection concept designs.

The Transportation Analysis for the proposed project (Appendix I of the IS/MND) included recommended improvements at the intersection of Azusa Canyon Road and Los Angeles Street. The improvements address potential safety concerns in conjunction with the proposed off-site traffic signal at this intersection. These recommendations were included as Mitigation Measure T-1 in the December 2021 IS/MND.

The concept design for the intersection at Azusa Canyon Road and Los Angeles Street has been updated since the publication of the IS/MND. The updated concept plans are shown in Appendix 4 of the MND and include two alternative designs.

In comparison to the original design, neither of the design alternatives would restrict onstreet parking on the south side of Los Angeles Street, east of Azusa Canyon Road.

However, restriction of on-street parking on the east side of Azusa Canyon Road, north of Los Angeles Street, would still be required. Under the original design, new crosswalks on the east and west leg of the intersection were proposed. For the two alternatives shown in Appendix 4:

Planning Commission Resolution No. 813(22)

• Alternative 1 would require a crosswalk on the east and west leg of the intersection, similar to the original design. This alternative also includes a curb "bulb-out" at the southeast corner of the intersection. This improvement allows the parking along the south side of Los Angeles Street to be preserved.
• Alternative 2 would require a crosswalk on the east, west, and south leg of the intersection.

Under existing conditions, there is only one crosswalk on the north leg of the intersection.

Mitigation Measure T-1 1
Prior to the issuance of occupancy permits, the project applicant shall submit final improvement plans for the Azusa Canyon Road/Los Angeles Street intersection, including the new traffic signal and crosswalk striping. The plans shall be submitted to and approved by the City's Public Works Department. The plans shall: provide the futk:w1ing improvements at the intersection of Azusa Canyon Road and Los Angeles Street:
• A ne\v crosswalk on the east leg of the intersection. • Include new crosswalks (as shown in the two alternatives in Appendix 4 [final alternative pending selection]) as follows:
o Alternative 1 - north, west and east legs of the intersection o Alternative 2 - north, west, and south legs of the intersection • Restrict on street parking on the south side of Los Angeles Street, east of Azusa Canyon Road, 'A'ithin 150 feet of the intersection.
• Restrict Include on-street parking restriction on the east side of Azusa Canyon Road, north of Los Angeles Street, within 150 feet of the intersection. • Demonstrated compliance with required Review sight distance and other safety considerations.

Based on the record before it, the Planning Commission hereby finds that Mitigation Measure T-1 includes updated concept designs for the proposed improvements at the intersection of Azusa Canyon Road and Los Angeles Street. The proposed revisions do not represent substantive project changes with respect to CEQA. These changes would not result in any physical change to the environment and would not alter the impact analysis as included in the Initial Study for the proposed project. The bulb-out proposed for Alternative 1 and the altered pedestrian circulation associated with Alternative 2 would not disturb any additional land compared to the original improvements and all 1 Stril<eout text to indicate deletions and underlined text to signify additions.

Planning Commission Resolution No. 813(22)

improvements would be within existing right-of-ways. As with the original mitigation measure, the updated mitigation measure would require the off-site traffic signal and would substantially improve pedestrian safety at the intersection. The alternative designs have been prepared by Urban Crossroads and adhere to applicable design standards, including required sight distances. The updated mitigation measure, therefore, would not result in a significant environmental effect and would be as effective as the original mitigation measure in the December 2021 IS/MND, because the new measure will avoid or reduce any potentially significant safety impacts to motorists and pedestrians to at least the same degree as the previous measures by the design of an off-site traffic signal including the required striping and crosswalks at the intersection.

Moreover, because there is no change to the environment nor would it alter the impact analysis, the new mitigation measure does not cause any potentially significant effect on the environment itself.

4. Based on the whole record before it, the Planning Commission hereby finds: (i) that the Mitigated Negative Declaration as amended, was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment after the implementation of mitigation measures. The Planning Commission further finds that the Mitigated Negative Declaration as amended reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission therefore recommends that the City Council adopt the Mitigated Negative Declaration, as amended, attached hereto as Exhibit "E"
(https://www.irwindaleca.gov/DocumentCenterNiew/7118).

5. The Planning Commission has also reviewed and considered the Mitigation Monitoring and Reporting Program (MMRP) prepared for the project pursuant to the requirements of Public Resources Code Section 21081.6 and finds that the Mitigation Monitoring and Reporting Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore recommends that the City Council adopt the Mitigation Monitoring and Reporting Program for the project, attached hereto as Exhibit "E" (https://www.irwindaleca.gov/DocumentCenterNiew/7237).

6. The custodian of records for the Initial Study, Mitigated Negative Declaration, MMRP and all other materials, which constitute the record of proceeding upon which the Planning Commission's decision is based, is the Director of Community Development of the City of Irwindale. Those documents are available for public review in the Community Development Department - Planning Division, located at 16102 Arrow Highway and City Hall and the Irwindale Public Library, located at 5050 Irwindale Avenue.

7. The Secretary shall:
a. Certify to the adoption of this Resolution; and
Planning Commission Resolution No. 813(22)

b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application.

ADOPTED AND APPROVED this 21st day of September 2022.

ATTEST:

CITY OF IRWINDALE
COUNTY OF LOS ANGELES } ss.

STATE OF CALIFORNIA
I, Marilyn Simpson, AICP, Community Development Director of the City of Irwindale, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Planning Commission of the City of Irwindale held on the 21st day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Marilyn Si
COMMISSIONERS: D. Fuentes, E. Burrola, S. Gomez
COMMISSIONERS: R. Chico, R. Hartman
COMMISSIONERS:

COMMISSIONERS:

Exhibits (Digital Downloads):
• Mitigated Negative Declaration (MND) -
https://www. irwindaleca.gov/DocumentCenterNiew/7118
• Mitigated Monitoring and Reporting Program -
https://www.irwindaleca.gov/DocumentCenterNiew/7237
• Response to Comments -
https://www.irwindaleca.gov/DocumentCenterNiew/7236
Planning Commission Resolution No. 813(22)

ATTACHMENT F
RESOLUTION NO. 814(22)

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF IRWINDALE

RECOMMENDING THAT THE CITY COUNCIL APPROVE SITE PLAN AND DESIGN REVIEW (DA) NO. 04-2020 FOR THE CONSTRUCTION OF ONE (1) SPECULATIVE INDUSTRIAL i:1LT-UP BUILDING TOTALING ±129,830 SQUARE-FEET FOR THE PROPERTY LOCATED AT 4416 AZUSA CANYON ROAD, IRWINDALE, CA 91706 (APN: 8417-004-006) IN THE M-1 (LIGHT MANUFACTURING) ZONE AND MAKING CERTAIN FINDINGS OF FACT.

A. RECITALS.
(i) Michael Ramirez, 11620 Wilshire Boulevard, 101h Floor, Los Angeles, CA 90025, on behalf of Rexford Realty Industrial, has made a request for a Site Plan and Design Review (DA) for the construction of a speculative concrete tilt-up building totaling approximately 129,830 square feet. (ii) The Subject Property is located at 4416 Azusa Canyon Road (APN 8417- 004-006). The Subject Property is currently zoned M-1 (Light Manufacturing). Hereinafter in this Resolution, the subject Site Plan and Design Review shall be referred to as the "Application." (iii) Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency has analyzed the project and has prepared a Mitigated Negative Declaration (MND). The MND was circulated for public review for the required 30 days from December 21, 2021 through January 19, 2022. A copy of the MND was circulated through the State Clearinghouse, posted on the City's website (https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road and was available at the Community Development Department - Planning Division, City Hall, and the Irwindale Public Library. A copy of the MND and the Mitigation Monitoring and Reporting Program was posted on the City's website.
(iii) The public review period for the MND ended on January 19, 2022. (iv) The Final MND was prepared on the proposed project, including the Draft MND, comments received on the Draft MND and responses to those comments, and revisions and corrections to the Draft MND made in response to comments received.
(v) On February 16, 2022, the Irwindale Planning Commission conducted a duly noticed public hearing, as required by law, on the Application, closed the public hearing and requested staff to provide more information on the transportation impacts analysis and continued the meeting to a date uncertain.

Planning Commission Resolution No. 814(22)

(vi) On March 16, 2022, the Planning Commission Meeting was cancelled. (vii) On May 18, 2022, the Planning Commission conducted a duly noticed public hearing on the MND at which time it received input from staff, the City Attorney's Office, and the Applicant, heard public testimony, and discussed the Proposed Project; and closed the public hearing and continued the meeting to a date uncertain.
(viii) In accordance with CEQA regulation 15074.1, on September 21, 2022, the Irwindale Planning Commission held a duly noticed public hearing on a revised mitigation measure for the MND, closed the public hearing and recommended that the City Council approve and the MND as amended to include the subsequent mitigation measure;
(ix) On September 21, 2022, the Irwindale Planning Commission conducted a duly noticed public hearing on the Application, closed the public hearing and recommended that the Irwindale City Council approve the Site Plan and Design Review (DA), subject to the approval of a Resolution, which details the specific Conditions under which the Application was approved. (x) This application is being processed concurrently with the MND and MMRP. (xi) All legal prerequisites to the adoption of this Resolution have occurred.

8. RESOLUTION.

NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Irwindale as follows:

1. The Planning Commission hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Resolution are true and correct and incorporated herein by this reference.

2. Based upon substantial evidence presented to this Planning Commission during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony, site plans and Conditions of Approval attached hereto as Exhibit "B," this Planning Commission hereby specifically finds as follows:

Planning Commission Resolution No. 814(22)

A. The proposed project is in conformance with the general plan, zoning ordinance, and other ordinances and regulations of the City.

The subject site is zoned M-1 (Light Manufacturing) and has a General Plan land use designation of Industrial/Business Park. The existing General Plan and Zoning designations are consistent, which eliminates the need for any legislative action such as a Zone Change or General Plan Amendment. The project also meets the minimum development standards for the applicable zones, such as setbacks, height, floor area ratio (F.A.R), parking and aesthetic design without the need for a Zone Variance to accommodate a deviation from any measurable standards.

The prospective use is currently unknown but there are many potential uses that are permitted by right due to the current zoning designation, however certain uses would be not be allowed or would be subject to a Conditional Use Permit.

B. The proposed project is in conformance with any redevelopment plan and regulations of the community redevelopment agency and any executed owner's participation agreement or disposition and development agreement.

This finding is no longer applicable, as Irwindale Community Redevelopment Agency no longer exists. There are also no owner's participation agreement or disposition and development agreements involved.

C. The following are so arranged as to avoid traffic congestion, to ensure the public health, safety, and general welfare, and to prevent adverse effect on surrounding properties:
i. Facilities and improvements,
The proposed building is setback approximately 69'-0" from vehicle ingress to accommodate projected queuing, thus avoiding overflow onto Azusa Canyon Road and Los Angeles Street. All structures and infrastructure improvements will be constructed to current code and completed prior to issuance of the Certificate of Occupancy.
ii. Pedestrian and vehicular ingress, egress, and internal circulation, There is no proposed through-site access. The site is bordered by industrial buildings to the north, south, and east and the City's Public Works yard and Olive Pit to the west. Azusa Canyon Road and Los Angeles Street serve as the vehicular access to the site. There is also a required 20'-0" street dedication on Los Angeles Street, which includes a meandering sidewalk.

Planning Commission Resolution No. 814(22)

iii. Setbacks,
The project has been designed to comply with and exceed the minimum required setbacks for the M-1 (Light Manufacturing) zone. The proposed front yard setbacks range from 20'-0" to 105'-0", exceeding the minimum requirement of 20'-0''. The proposed side yard setbacks range from 25'-0" to 160'-0", exceeding the minimum requirement of 20'-0''. The proposed rear yard setbacks range from 48'-5" to 108'- 11 ", and there is no required rear yard setback when abutting non-residentially zoned properties.
iv. Height of buildings,
The maximum building height in the M-1 (Light Manufacturing) zone is 35'-0". Per IMC Subsection 17.08.085 "Building Height" means the vertical distance from the finished grade of the lot to the highest average point of the building or structure.

Per IMC Subsection 17.68.010, parapet walls may be erected above the height limits. The rooflines vary from approximately 30'-7" to 35'-0" and the parapet walls, including the architectural features extend to a maximum height of 39'-0".

Nonetheless, the proposed buildings have been designed to complement the massing and height of the existing buildings in the area. v. Signs,
Based on the approximate square footage of the speculative industrial building, the allowable amount of wall signage would equate to ±1,298 square feet.

Freestanding signs would be limited to 150 square feet regardless of building size. vi. Mechanical and utility service equipment,
The site has been designed to attractively screen all rooftop and surface level mechanical equipment and storage area. The parapet roof will provide adequate screening of any proposed rooftop equipment. During the permitting process, a line of sight study is required to substantiate proper screening. Mechanical equipment and storage areas are screened, out of public view and often with solid walls and landscaping.
vii. Landscaping,
The landscaping requirement has been met through considered choices of plantings appropriate to the location, building type, and building scale.

Approximately 27,979 square feet (11 %) of the project site is proposed to be landscaped in compliance with the "City of Irwindale Commercial and Industrial Design Guidelines" and the Zoning Code requirements for parking area landscaping. The proposed landscape plan is comprised of a combination of parking lot shade trees, shrubs, and groundcover.
viii. Grading,
Project has been designed to take advantage of the existing topography, thus reducing grading activities on site. A grading permit will be required and issued from Building and Safety.

Planning Commission Resolution No. 814(22)

ix. Lighting,
All lighting is designed to complement the structures and oriented to properly illuminate the site as not to create "dark pockets" that could support nefarious activities or spill onto other properties, creating a nuisance. The premises will be secured with appropriate security lighting, to obtain a minimum of 1-foot candles over the entire site. A photometric lighting plan shall be submitted, subject to the review and approval of the Community Development Department and the Police Department.
x. Parking,
IMC Subsection 17.64.030.P(2) provides, "Offices not providing customer service on the premises" requires a minimum one (1) parking space for each two (2) employees on the maximum (most workers) working shift or one (1) space for each 350 square feet of gross floor area, whichever is the greater and IMC Subsection 17 .64.030(V) "Warehouse and storage buildings" requires one (1) parking space for each 1,000 square feet of the first 20,000 square feet of gross floor area, one (1) space for each 2,000 square feet for the next 20,000 square feet of gross floor area and one (1) space for each 4,000 square feet for all floor area over 40,000 square feet of gross floor area. Based on the proposed square footage, the project requires 116 stalls and 123 stalls are being proposed [five (5) ADA stalls, ninetyseven (97) standard stalls and twenty-one (21) compact stalls]. All parking is surface parking; there are no proposed parking structures or subterranean lots. xi. Drainage,
A Water Quality Management Plan (WQMP) has been prepared to address hydrology and drainage.
xii. Intensity of land use.

The project is located on a flat, irregularly shaped lot. It had been used as an orchard from at least 1928 until around 1952, when the site became vacant. The current main building was constructed in 1956 and was used by PepsiCo as a bottling plant. The site is presently developed with one building of approximately 62,713 square feet in the western half of the site, a large metal shed north of the building, and a loading dock and large truck yard on the eastern portion of the site (LACOA 2021 ). The building is a single-story structure of concrete tilt-up construction on a concrete slab floor. The metal shed was part of the old truck wash area that is connected to the building by an overhang. The bottling plant ceased operation in December 2020 and the site has remained vacant. The proposed building will be approximately 129,830 square feet with associated passenger vehicle parking, truck parking, and eighteen (18) loading docks. The proposed industrial warehouse building is consistent with the General Plan designation of Industrial/Business Park and Zoning designation of M-1 (Light Manufacturing), as well as adjacent industrial land uses.

Planning Commission Resolution No. 814(22)

D. The proposed development is consistent with applicable city design guidelines and historic design themes, and provides for appropriate exterior building design and appearance consistent and complementary to present and proposed buildings and structures in the vicinity of the subject project while still providing for a variety of designs, forms and treatments.

The proposed tilt-up building incorporates many of the desired design elements from the Commercial and Industrial Design Guidelines including but not limited fagade elements, roofs and parapets, materials and colors. The layout, landscaping and design of the site also incorporated encouraged design principles. For example, the use of an authentic period style compatible with City context, new buildings that draw upon the fundamental characteristics of existing buildings in the City, fagade depth of plans and variations on all sides, including varied rooflines, berms, meandering sidewalks and multi-layered landscaping.

3. The MND was circulated for public review for the required 30 days from December 21, 2021 through January 19, 2022. A copy of the MND was circulated through the State Clearinghouse, posted on the City's website (https://www.irwindaleca.gov/575/4416-Azusa-Canyon-Road) and was available at the Community Development Department - Planning Division, City Hall and the Irwindale Public Library. A copy of the MND and Mitigation Monitoring and Reporting Program and technical studies were posted on the City's website.

4. Based upon the substantial evidence and conclusions set forth herein above, this Planning Commission approves the application for the Site Plan and Design Review (DA) subject to adoption of the MND by the City Council, including the corresponding Mitigation Monitoring and Reporting Program.

5. Based upon the substantial evidence and conclusions set forth herein above, this Planning Commission hereby recommends that the City Council approve the Application subject to the conditions set forth in Exhibit "B" attached hereto and by this reference incorporated herein, which conditions are deemed necessary to protect the public health, safety and general welfare and are reasonable and proper in accordance with the intent and purposes of Title 17 of the Irwindale Municipal Code.

6. The Secretary shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application.

Planning Commission Resolution No. 814(22)

ADOPTED AND APPROVED this 21 st day of September 2022.

ATTEST:

Suzanne E. Gomez,
City of Irwindale Planni
I, Marilyn Simpson, AICP, Community Development Director of the City of Irwindale, do hereby certify that the foregoing Resolution was adopted at the meeting of the Planning Commission of the City of Irwindale held on the 21 st day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Marilyn Sim
COMMISSIONERS: D. Fuentes, E. Burrola, S. Gomez
COMMISSIONERS: R. Chico, R. Hartman
COMMISSIONERS:

COMMISSIONERS:

Planning Commission Resolution No. 814(22)

PLANNING COMMISSION RESOLUTION NO. 814(22)
Site Plan and Design Review No. 04-2020
Speculative, concrete tilt-up building
4416 Azusa Canyon Road
Irwindale, CA 91706
A. GENERAL

1. The use and development authorized by this Site Plan and Design Review (DA), allow for the construction of one (1) speculative, concrete tilt-up building substantially in conformance with the plans submitted to the City dated September 14, 2022.

2. A building permit shall be obtained within twelve (12) months from the date of approval. Thereafter, if the activities have been abandoned for ninety (90) or more days, the Site Plan and Design Review Permit approval shall expire and become null and void, unless a written request for extension is received by the Community Development Director at least thirty (30) days prior to such expiration or abandonment. Upon receipt of written request for extension, the Community Development Director may grant an extension of this Site Plan and Design Review Permit approval for a period not to exceed one (1) year from the original date of expiration, or may refer such request to the City Council for determination.

3. The Applicant shall agree and consent, in writing, to each and every condition set forth herein within twenty (20) days from the adoption of this Resolution by the City Council approving the Site Plan and Design Review (DA).

4. Prior to the issuance of a business license and/or occupancy permit and/or final inspection by the Community Development Department for the speculative building, all applicable conditions of approval (except those involving construction permits) shall be completed to the reasonable satisfaction of the City.

5. The Applicant shall defend, indemnify and hold harmless the City of Irwindale, its agents, officers, or employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, any approval of the City, its advisory agencies, appeal boards, or legislative body to Site Plan and Design Review Permit No. 04-2020, including the environmental review and approvals therefore. The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense.

6. The Applicant agrees to allow City inspectors access to the site to reasonably inspect the site during normal working hours to assure compliance with these conditions and other codes. Any and all fees required to be paid to any public agency shall be paid prior to obtaining any permits for this project.

Planning Commission Resolution No. 814(22)

7. The Applicant shall maintain and use the project location and facility thereon in full compliance with all codes, standards, policies and regulations imposed by the City, County, State, or Federal agencies with jurisdiction over the facility.

8. It shall be required that the subject location and its contents, including but not limited to, structures, fences or garden/block walls, and vehicles are maintained free and clear of any graffiti. The Applicant shall be held responsible for the immediate removal of any and all graffiti found on-site within 48 hours of its application.

9. The premises will be secured with appropriate security lighting, to obtain a minimum of 1-foot candles over the entire site. A photometric lighting plan shall be submitted, subject to the review and approval of the Community Development Department and the Police Department.

10. Security lighting fixtures are to be shielded and shall not project above the fascia or roof line of the buildings. The shields shall be painted to match the surface to which they are attached. Security lighting fixtures shall not be substituted for parking lot or walkway lighting fixtures.

11. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this project are subject to protest by the applicant at the time of approval or conditional approval of the project, or within 90 days after the date of imposition of the fees, dedications, reservations, or exactions imposed on the project.

12. Prior to occupancy of the project, all users of the facility shall comply with the City of Irwindale M-1 (Light Manufacturing) zoning standards and regulations through the business license and zoning compliance process.

B. COMMUNITY DEVELOPMENT DEPARTMENT

1. The use and improvements authorized by this Site Plan and Design Review (DA), shall conform to the plans as finally approved by the City (dated September 14, 2022) as conditioned herein, and any appreciable modification of the plans or mode of operation, as determined by the Community Development Director, shall require the prior approval of the final approving body (City Council) pursuant to the amendment of the Site Plan and Design Review Permit.

2. This project shall be subject to the City of lrwindale's utility tax.

3. This project shall be subject to the City of lrwindale's Development Impact Fees (DIF).

4. The signed Final Conditions of Approval shall be photocopied and included as a sheet in the plans submitted to the Building Division for plan check.

Planning Commission Resolution No. 814(22)

5. The following use(s) shall be prohibited. Should any of the following uses be proposed, environmental review shall be required prior to any tenant improvements to the building.
a. Cold storage

6. Any future last mile tenant, which would provide the last leg of the delivery or final step in the supply chain, shall be subject to additional analysis including, but not limited to, traffic, air quality/greenhouse gas.

7. Project landscaping shall comply with Irwindale Municipal Code Chapter 15.30, "Water Efficient Landscape Standards and Guidelines."

8. Landscaping shall be drought resistant low water with drip irrigation, low flow bubblers and water efficient rotor heads where applicable. Native plants shall be used where feasible. Landscaping shall be provided as shown on the approved Conceptual Landscape and as modified pursuant to City Building Plan Check review of Precise Landscape and Irrigation plans.

9. Landscape and irrigation plans shall be prepared by a licensed landscape architect, and are subject to the approval of the Community Development Director and the Director of Engineering. Vision clearance shall be maintained at all vehicle entrances and exits.

10. A complete, permanent, automatic irrigation system shall be provided for all landscaped areas.

11. A six (6) inch horizontal concrete curb shall surround all landscaped planters.

12. The following invasive plants shall not be used in landscaping:
• Carpobrotus edulis (ice plant)
• Hedera helix, H. Hibernica, H. caneriensis (English ivy, Irish ivy, Algerian ivy • Vinca Major (periwinkle)
• Pennisetum setaceum and all cultivars and varieties (fountain grass) • Cortaderia selloana, C. jubata and all cultivars and varieties (pampas grass) • Retama monosperma, Genista monspessulana, Cytisus striatus, Cytisus scoparius, and Spartiumjunceum (broom - bridal, French, Portuguese, Scotch, Spanish)
• Acacia Cyclops (acacia or western coastal wattle)
• Myoporum laetum (myoporum)
• Washingtonia robusta and Phoenix canariensis (Mexican fan palm and Canary Island date palm)
• Schinus terevinthifolius (Brazilian pepper)
• Eucalyptus globules, E. camaldulensis (eucalyptus, blue gum, and red gum)

13. A minimum of 10% (±25, 110 square feet) the total lot area shall be landscaped.

Planning Commission Resolution No. 814(22)

14. All plant material, including trees, shall be maintained in good condition and replaced in the event they die or become diseased.

15. Any event not held during typical hours of operation shall be subject the Community Development Department review.

16. The Applicant shall obtain approval and permits from the Planning and Building Divisions for all project signage prior to construction of any signs on the project site.

17. Drive aisles shall remain open and unobstructed for vehicular circulation.

18. All building design and construction, including the type, texture, color, and durability of the exterior building materials shall comply with the City's Commercial and Industrial Design Guidelines.

19. Trash enclosures (6'-0" high min.) with solid metal self-closing and self-latching gates shall be provided. The enclosures shall be covered and built with decorative materials to match the type, texture, and color of the materials used in the construction of the buildings. Gates shall remain closed at all times when the trash receptacles are not in use.

20. All utility equipment such as backflow units and transformers shall be screened with evergreen screen shrubs or similar planting materials as allowed. 21 . All rooftop mechanical equipment, including heating and air conditioning units, antennas, and other electronic devices, shall be completely and decoratively screened from view from all public rights of way and adjacent properties and shall be integrated into the design and construction of the buildings1. All rooftop equipment and screening shall be shown on the plans and elevations, and shall be consistent with the building design and construction materials in texture and color. Such rooftop equipment screening shall be subject to the review and approval of the Community Development Department.

22. All rooftop wireless telecommunications antennas operated by third parties are subject to the provisions of Chapter 17.90 of the Irwindale Municipal Code shall require a separate permit in accordance with the provisions of the Municipal Code.

23. The street numbers for the development shall be painted on the rooftop of each building in such a manner that it is clearly visible to public safety personnel and shall be a minimum five (5) feet in length painted with minimum one (1) foot wide brush strokes. Rooftop numbers shall be shown on the plans submitted for plan check.
1 Photovoltaic equipment is exempt from this requirement.

Planning Commission Resolution No. 814(22)

24. A lighting plan shall be submitted for approval by the Community Development Director describing lighting fixtures for building exterior lighting. Lighting fixtures shall be designed to shield light and/or directs light in a downward direction to minimize light spillover to adjacent residential areas. A minimum of 1-foot candle shall be provided.

25. Applicant shall obtain approval and permits from the Community Development Department and Building Division for all project sign age prior to construction of any signs on the project site.

26. A temporary chain link fence with green screening, or acoustical fencing assembly as specified in the Mitigated Negative Declaration, shall be installed and maintained around the perimeter of the site at all times during construction.

27. Any masonry walls, tube steel fences, and driveway gates shall be decorative and consistent with the building design and the Commercial and Industrial Design Guidelines. The design of the walls and gates shall be subject to the review and approval of the Community Development Department. No chain link fencing shall be allowed for permanent perimeter fencing applications.

28. Applicant shall at all times comply with the Irwindale Municipal Code Noise Standards (as may be amended) as measured at the Site boundary. Additionally, if noise impacts exceed the applicable noise standard contained in the Irwindale Municipal Code, Applicant shall take necessary actions and implement procedures to bring the operations into compliance with this Code.

29. Applicant/developer shall post "No Overnight/Unauthorized Parking" signs on the property to prevent unauthorized parking on the site.

30. Construction activity shall take place no earlier than 7:00 AM on each day and no later than 7:00 PM on each day, Monday thru Saturday. No construction activities of any kind shall be performed on Sundays or holidays without a permit per Subsection 9.28.11 O(A).

31. All construction related activity shall comply with the noise standards as set forth in IMC Section 9.28.030.

32. All truck loading and unloading shall occur on the site. No loading, unloading or truck idling shall be permitted to take place on the street for any business located on the site.

C. FIRE DEPARTMENT

1. Fire Department access shall comply with Section 503 of the Los Angeles County Fire Code.

Planning Commission Resolution No. 814(22)

2. Provide a minimum unobstructed width of 28 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.2.1.2.1 , 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.

3. Cross-hatch any on-site Fire Department vehicular access to within 150 of all portions of the exterior walls.

4. Show any existing fire hydrants within 600 feet of the lot frontage.

5. Submit a fire flow availability form, Form 196 along with plans.

6. All fire hydrants shall measure 6" x 4" x 2%'', conforming to AWWA Standard C503- 75 or approved equal.

7. Project shall comply with approved plans (Plan# FEPC2020-1317, approved March 9, 2021 and Plan# FEPC2021-1661, approved June 16, 2021).

D. PUBLIC WORKS/ENGINEERING

STREETS

1. All off-site improvements within the Public Right-of-Way shall be performed in accordance with City Standards to the satisfaction of the Director of Engineering.

Construction plans shall be reviewed and approved by the Director of Engineering.

2. The owner and/or developer shall resurface Azusa Canyon Road (full street width), along the project frontage. All improvements shall be constructed in accordance with City standards to the satisfaction of the Director of Engineering. Construction plans shall be reviewed and approved by the Director of Engineering.

3. The owner and/or developer shall design, install and construct a meandering sidewalk (5 feet wide minimum) on Azusa Canyon Road along the project frontage, in accordance with proposed site plans. All improvements ·shall be constructed in accordance with City standards to the satisfaction of the Director of Engineering.

Construction plans shall be reviewed and approved by the Director of Engineering.

Landscaping and tree planting plans shall be reviewed and approved by the Public Services Director.

4. Roadway dedication and pedestrian access easements (20 feet wide minimum) shall be granted to the City along the project frontage on Azusa Canyon Road as directed by the Director of Engineering.

5. The owner/developer shall obtain written authorization or a construction easement from the owner of the private street along the Los Angeles Street project frontage for the construction of the proposed project improvements.

Planning Commission Resolution No. 814(22)

6. The owner and/or developer shall remove and reconstruct all damaged or deficient sidewalk, driveways, curb and gutter as directed by the Director of Engineering.

7. The owner/developer shall install ADA accessible driveway approaches and remove all existing driveways and parkway drains along Azusa Canyon Road. The owner/developer shall install an ADA curb ramp at the northeast corner of the intersection of Azusa Canyon Road and Los Angeles Street. All improvements shall be constructed in accordance with City standards to the satisfaction of the Director of Engineering.

8. The owner and/or developer shall upgrade street lighting fixtures along the Azusa Canyon Road property frontage to LED fixtures in accordance with Los Angeles County standards and to the satisfaction of the Director of Engineering.

9. The owner and/or developer shall reimburse the City for the actual cost for the installation, replacement or modification of street name signs, traffic control signs, striping and pavement markings required in conjunction with the development.

10. Common driveways shall not be allowed, unless approved by the Director of Engineering. Proposed driveways shall be located clear of existing fire hydrants, street lights, water meters, etc.

UTILITIES

11. Storm drains, catch basins, connector pipes, and appurtenances for the site specific storm drain system shall be designed and constructed in accordance with Los Angeles County standards and the Director of Engineering's requirements.

The owner/developer shall submit grading and drainage plans to the Director of Engineering for review and approval. The grading and drainage plans shall be prepared by a licensed civil engineer and comply with Los Angeles County grading permit requirements. A hydrology study shall be included with the drainage plan.

12. The owner/developer shall pay for the entire cost for the design, engineering construction and inspection of any upgrade to the water main and connections as required by the serving water company for the proposed development.

13. The owner/developer shall obtain a Storm Drain Connection Permit for the connection to the existing storm drain system.

14. Fire hydrants shall be installed as required by the Fire Department. Existing public fire hydrants adjacent to the site, if any, shall be upgraded if required by the Director of Engineering.

15. Sanitary sewers shall be constructed in accordance with City specifications to serve the subject development. The plans for the sanitary sewers shall be Planning Commission Resolution No. 814(22)

approved by the Director of Engineering. A sewer study shall be submitted along with the sanitary sewer plans.

16. Prior to the issuance of building permits, the owner/developer shall provide a willserve letter from the water utility provider to the City.

TRAFFIC

17. In accordance with Mitigation Measure T-1 of the project MND, prior to the issuance of certificates of occupancy, the owner/developer shall construct the following improvements:
• Include new crosswalks (as shown in the two alternatives in Appendix 4 [final alternative pending selection]) as follows:
• Alternative 1 - north, west and east legs of the intersection • Alternative 2 - north, west, and south legs of the intersection • Include on-street parking restriction on the east side of Azusa Canyon Road, north of Los Angeles Street, within 150 feet of the intersection. • Demonstrated compliance with required sight distance and other safety considerations.

18. Prior to the issuance of building permits, the owner/developer shall pay the projects fair share amount for improvements at the intersection of Arrow Highway and Azusa Canyon Road. Improvements will include the addition of a 3rd westbound through lane and a northbound right turn traffic signal overlap phase.

19. Prior to the issuance of any building permits, the owner/developer shall pay to the City $550,000 for the installation of a new traffic signal at the intersection of Azusa Canyon Road and Los Angeles Street. The owner shall dedicate any easements necessary for the construction, maintenance, and operation of the traffic signal.

Improvements will include modifying the existing striping for the eastbound and westbound approaches to provide the following lane configuration:
• Eastbound: 1 left turn, 1 shared left/through, 1 right turn • Westbound: 1 left turn, 1 shared/through/right

20. Prior to the issuance of any occupancy or tenant improvement permit, the proposed tenant(s) shall provide a site-specific trip generation technical memo demonstrating that the average daily vehicle trips do not exceed 362 daily PCE (passenger car equivalent) trips, 45 PCE AM trips, 46 PCE PM trips, and 197 daily passenger car trips. The City will regularly and continually monitor the actual trips generated by the project and enforce the maximum limit of allowable trips. If the project applicanUowner proposes to exceed any limits, additional traffic analyses Planning Commission Resolution No. 814(22)

FEES
and VMT (vehicle miles traveled) analysis shall be reviewed and approved by Director of Engineering. If the VMT exceeds the applicable threshold at the time of subsequent review, the issuance of the respective permit shall be subject to CEQA review. The owner/applicant shall be solely responsible for all costs related to analyses, peer review, monitoring and enforcement.
21 . That the owner/developer shall comply with all requirements of the County Sanitation District, make application for and pay the sewer maintenance fee.

22. That the owner/developer shall pay the connection fee upon application for storm water connection to the County of Los Angeles system.

MISCELLANEOUS

23. The owner/developer, under the direction of a certified land surveyor and at no cost to the City, shall install all required property boundary monuments, centerline ties and City monuments subject to the Director of Engineering's approval.

24. The owner/developer shall comply with the National Pollutant Discharge Elimination System (NPDES) program and shall require the general contractor to implement storm water/urban runoff pollution prevention controls and Best Management Practices (BMPs) on all construction sites in accordance with the City Code. The owner/developer will also be required to submit a Certification for the project and may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP). Projects over five acres in size will be required to file a Notice of Intent (NOi) with the State Water Resources Control Board (SWRCB). The owner/developer can obtain the current application packet by contacting the SWRCB, Construction Storm Water Unit, at (866) 563-3107 or by downloading the forms from their website at:
www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml.

The project shall also conform to the City's Ordinance regarding the requirements for the submittal of a Standard Urban Storm Water Mitigation Plan ("SUSMP"), and the requirements of Low Impact Development ("LID"). The SUSMP includes a requirement to implement Post Construction BMPs to infiltrate the first 3/4" of runoff from all storm events and to control peak-flow discharges.

25. Unless exempted by the Los Angeles Regional Water Quality Control Board, a Covenant and Restriction ensuring the provisions of the approved SWPPP shall also be required.

E. PUBLIC WORKS SERVICES

1. All utilities and signs on the public right-of-way shall meet horizontal and vertical ADA clearance requirements. The utilities and signs in the public right-of-way Planning Commission Resolution No. 814(22)

include: two (2) Edison poles, one (1) anchor support for Edison pole, two (2) fire hydrants, one (1) stop sign, one (1) welcome to Irwindale sign, and two (2) speed limit signs.

2. All pedestrian and approach ramps in the public right-of-way shall meet ADA requirements. Pedestrian ramps shall have brick red truncated domes in the public right-of-way.

3. City of Irwindale requests irrigation and landscaping plans for the public right-ofway and parkways. The plans will be submitted to the Public Works Services Manager for review and approval.

4. Repair underground vault to make flush within the sidewalk adjacent to northern most fire hydrant on Azusa Canyon Road.

5. The owner and/or developer shall remove and reconstruct all damaged, deficient, or substandard sidewalk, driveways, curb, and gutter as directed by the City Engineer and the Public Works Services Manager.

6. The owner and/or developer/applicant is responsible for obtaining encroachment permit(s) prior to any type of work in the public right-of-way.

7. Any work within easements on the project site shall require proper permits from the easement holder (City of Irwindale, County of Los Angeles, etc.).

8. The owner/developer shall comply with the National Pollutant Discharge Elimination System (NPDES) program and shall require the general contractor to implement storm water/urban runoff pollution prevention controls and Best Management Practices (BMPs) on all construction sites in accordance with the City Code. The owner/developer will also be required to submit a Certification for the project and may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP). Projects over five acres in size will be required to file a Notice of Intent (NOi) with the California Environmental Protection Agency's State Water Resources Control Board (SWRCB). The owner/developer can obtain the current application packet by contacting the SWRCB, Construction Storm Water Unit, at (866) 563-3107 or by downloading the forms from the following website:
www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml.

9. The project shall also conform to the City's Ordinance regarding the requirements for the submittal of a Standard Urban Storm Water Mitigation Plan ("SUSMP"), and the requirements of Low Impact Development ("LID"). The SUSMP includes a requirement to implement Post Construction BMPs to infiltrate the first 3/4" of runoff from all storm events and to control peak-flow discharges.

Planning Commission Resolution No. 814(22)