Agenda — Montebello City Council, April 13, 2022 (part 1 of 39)

CITY OF MONTEBELLO CITY COUNCIL

REGULAR MEETING AGENDA
WEDNESDAY, APRIL 13, 2022 AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
Kimberly A. Cobos-Cawthorne, Mayor
Angie M. Jimenez, Mayor Pro Tem
David N. Torres, Councilmember
Scarlet Peralta, Councilmember
Salvador Melendez, Councilmember

CITY MANAGER CITY TREASURER CITY ATTORNEY
René Bobadilla, City Manager Rafael Gutierrez Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager Arlene Salazar
Fire Chief Fernando Pelaez
Police Chief Brad Keller
Director of Finance Michael Solorza
Director of Human Resources Nicholas Razo
Director of Planning/Community Development Joseph Palombi Director of Public Works James Enriquez
Director of Recreation and Community Services David Sosnowski Director of Transportation Lupita Ibarra
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NOTICES
COVID-19 NOTICE: Pursuant to the Executive Order N-29-20 and No. N-35-20 from the Executive Department of the State of California and the County of Los Angeles Department of Public Health Safer at Home Order, Council Members may attend City Council meetings via teleconferencing and make public meetings accessible telephonically or electronically to all members of the public seeking to observe and address the City Council. The City Council and Staff will meet in person at the Council Chambers but due to the increased transmission from the Delta Variant and to ensure the health and safety of the public, the Council Chambers will be available for limited attendance during the public comment period or public testimony period for public hearings of the City Council meetings and all real time public participation, pursuant to Assembly Bill 361, will take place in person by attending the City Council meeting at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California and will continue to occur telephonically and/or in writing until further notice. Consistent with the Executive Order, the City Council meeting will continue to be live streamed and can be watched on the City’s website at: https://www.cityofmontebello.com/government/live-streaming.html, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1216 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 48 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室
STATEMENT OF PUBLIC COMMENTS AND PARTICIPATION: Members of the public may address the City Council on Closed Session items during the “Public Comments for Closed Session Items” period. The public may also address the City Council on any items listed on the Agenda and on items not listed on the Agenda (Non-Agenda Items) during the “Public Comments” period. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. For those interested in making public comments, you may address the City Council in person or call in to the City Clerk’s office as listed below until the day of the meeting prior to the start of each Public Comments period, Wednesday, April 13, 2022. In order to conduct a timely meeting, the maximum time allotted for members of the public to speak on any or all agenda items and on any Non-Agenda Item(s) shall not exceed three (3) minutes per person; the period for all “Public Comments” may be limited to 30-minutes. In person speakers will be addressed first, telephonic speaker cards will follow thereafter. In person speakers will be required to fill out a speaker card provided at the door and turn it into the Deputy City Clerk prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. The public can also submit speaker card requests telephonically by calling at (323) 887-1216, Staff will complete the speaker cards and speakers will be called in the order received. Both in person speakers and speaker cards will be addressed during the “Public Comments” periods only. City Council meeting – Closed Session begins at 5:00 p.m. and Regular Session begins no later than 6:00 p.m. The exact call back time is not predictable due to the nature of the City Council agenda. As a result, you must be available until the end of the public comments period(s). The City has also created an email address, [email protected], where the public can submit written comments up until the day of the meeting, Wednesday, April 13, 2022 between 7:30 a.m. – 3:00 p.m.

These comments will be submitted to all members of the City Council and may not be read aloud but will be entered into the record of the proceedings to the extent they relate to matters listed on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council until the after the meeting, with the exception of non-agenda written item comments which will be held over for the next regularly scheduled meeting.

AGENDA MATERIALS: The agenda/agenda packet are available for public inspection at City’s website at:
https://www.cityofmontebello.com/council-agendas.html. The agenda cover sheets may also be emailed upon request.

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IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
Pursuant to AB 361 and the guidelines specifically stated in this agenda above, at this time, the general public may address the City Council on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

CLOSED SESSION – 5:00 P.M.

The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One matter related to SB 1383 compliance

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (d)(1)
Francesca Tucker-Schuyler v. City of Montebello
Los Angeles Superior Court Case No. 20STCV22180

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Threat of litigation – One matter related to the CVRA
REGULAR SESSION – NO LATER THAN 6:00 P.M.

CLOSED SESSION REPORT

INVOCATION
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PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA – CITY MANAGER

CEREMONIAL/PRESENTATIONS

5. RECOGNITION OF AND ADMINISTRATION OF OATH OF OFFICE TO NEW CHIEF OF POLICE –

PAUL ESPINOSA
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) Pursuant to AB 361 and the guidelines specifically stated in this agenda above, at this time, the general public may address the City Council on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

PUBLIC HEARING

6. DEVELOPMENT AGREEMENT NO. 3973 WITH MAGNA & MAGNA, INC., PLANNED

DEVELOPMENT DISTRICT INCLUDING A DENSITY OVERLAY AND HEIGHT OVERLAY AND

PRECISE PLAN OF DEVELOPMENT, PARKING MANAGEMENT PLAN, AND SITE PLAN REVIEW TO ALLOW THE CONSTRUCTION OF 140 RESIDENTIAL DWELLING UNITS AT PROJECT SITE A (116, 128, AND 136 N. POPLAR AVE) AND 16 RESIDENTIAL DWELLING UNITS AT PROJECT SITE B (129-133 N. POPLAR AVE) FOR A TOTAL OF 156 RESIDENTIAL DWELLING UNITS (CASE NOS. PC-2021-0008-PD-PMP-SPR/DA-04-21/ENV-04-22-SE)
RECOMMENDATION: It is recommended that the City Council:
1) Determine and find that the Project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to the Sustainable Communities Project Exemption per California Public Resources Code Section 21155.1 (“ENV-04-22-SE”); and 2) Adoption of City Council Resolution No. 22-18 approving a Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review, with Conditions (“PC-2021-0008-PD-PMPSPR”); and 3) Introduce and waive first reading of Ordinance No. 2448 approving a Development Agreement (“DA-04-21”) by and between the City of Montebello (“City”) and Magna & Magna, Inc.; and
4) Take such other additional, related, action that may be desirable.

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REGULAR BUSINESS

7. ADOPT RESOLUTION NO. 22-21 RESCINDING RESOLUTION NOS. 20-21, 20-22, 20-23, 20-33, AND 20-61 WHICH DECLARED A LOCAL EMERGENCY AS A RESULT OF THE CORONAVIRUS (COVID-19) AND RESCINDING RESOLUTION NO. 21-85 WHICH AUTHORIZED TELECONFERENCED OPEN MEETINGS PURSUANT TO AB 361
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22-21 Rescinding Resolution Nos. 20-21, 20-22, 20-23, 20-33, and 20-61 Which Declared a Local Emergency as a Result of the Coronavirus (COVID-19) and Rescinding Resolution No. 21-85 Which Authorized Teleconferenced Open Meetings Pursuant to AB 361
2) Take such additional, related, action that may be desirable.

8. MONTEBELLO BOULEVARD GRADE SEPARATION PROJECT – CONSTRUCTION, OPERATION AND MAINTENANCE STANDARD FORM AGREEMENT NO. 3974
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Construction, Operation and Maintenance (COM) Standard Form Agreement No. 3974 (Attachment A) for the subject project and authorize the Mayor to execute the agreement on behalf of the City in the final form approved by the City Attorney; and
2) Take such additional, related, action that may be desirable.

9. UPDATE ON THE ART IN PUBLIC PLACES PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1) Receive and file the update regarding the proposed Art in Public Places Program and provide staff direction.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.

10. ADOPT RESOLUTION NO. 22-20 OPPOSING ELIGIBLE TRIBAL GAMING INITIATIVE RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22-20 affirming the City’s opposition to “Legalize Sports Betting on American Indian Lands Initiative” related to sports betting on American Indian gaming casinos and licensed racetracks in California; and
2) Take such additional, related, action that may be desirable.

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11. APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. 3886 – SUMMER FOOD SERVICE

PROGRAM PROVIDER
RECOMMENDATION: It is recommended that the City Council:
1) Approve Amendment No. 1 extending Agreement No. 3886 for an additional one-year (1-year) term to provide services for the City’s Summer Food Service Program; and 2) Authorize the City Manager to execute Amendment on behalf of the City. 3) Take such additional, related, action that may be desirable.

12. APPROVAL OF A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH GENTRY BROTHERS, INC. – BEACH STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT - PHASE 1 (FROM VAIL AVENUE TO 5TH STREET), CP NO. 883 RECOMMENDATION: It is recommended that the City Council:
1) Find that the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve the changes in the aggregate amount of $389,870. The final contract amount with Gentry Brothers, Inc. is increased to $1,315,897; and
2) Take such additional, related, action that may be desirable.

13. NOTICE OF COMPLETION – MONTEBELLO BOULEVARD BIKE LANE AND SIDEWALK IMPROVEMENT PROJECT [ATPSB1L-5247(026)], CP NO. 864
RECOMMENDATION: It is recommended that the City Council:
1) Accept the Montebello Boulevard Bike Lane and Sidewalk Improvement Project [ATPSB1L-5247(026)] - (CP No. 864) as completed by Sequel Contractors, Inc.; and 2) Find that the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve the changes in the aggregate amount of $1,623,611. The final contract amount with Sequel Contractors, Inc. is $7,456,191. 3) Approve the Final Total Project Budget (Attachment B); and 4) Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment C) with the Los Angeles County Registrar-Recorder; and
5) Authorize the City Manager to release the retention payment due to Sequel Contractors, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and
6) Take such additional, related, action that may be desirable.

14. APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT NO. 3316 WITH FLO-SERVICES, INC.

FOR ADDITIONAL SEWAGE PUMP STATION REPAIR SERVICES
RECOMMENDATION: It is recommended that the City Council:

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1) It is recommended that the City Council approve Amendment No. 2 to Agreement No. 3316 with Flo-Services, Inc. for additional sewage pump station repair services in the aggregate one-time additional amount not-to-exceed $269,579; and 2) Authorize the City Manager to execute the amendment on behalf of the City; and 3) Amend the Fiscal Year 2021-22 budget by increasing appropriations by $100,000 in Account No. 100-30-310-6040.45 (General Fund, Public Works, Streets, Contract Services – Sewer Maintenance); and
4) Take such additional, related, action that may be desirable.

15. APPROVE ACQUISITION AND LEASE FINANCING OF A TRACTOR DRAWN AERIAL FIRE TRUCK

AND RELATED RESCUE EQUIPMENT
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the purchase of a Tractor Drawn Aerial (TDA) Fire Truck using the pre-bid Sourcewell contract #022818-EOI-2 based off Request for Proposal #022818; and, 2) Authorize the City Manager to execute an agreement with Kovatch Mobile Equipment (KME) Corporation (KME Fire Apparatus), in a not-to-exceed amount of $1,926,844 for the purchase and equipping/outfitting of a Tractor Drawn Aerial Fire Truck; and 3) Approve a resolution for financing the lease/purchase of the Tractor Drawn Aerial (TDA) Fire Truck and required equipment from Kovatch Mobile Equipment and Leasing 2, Inc.; and
4) Find that the use of the pre-bid Sourcewell contract #022818-EOI-2 conforms with Montebello Municipal Code Chapter 3.20.050 (F), Cooperative Purchase; and 5) Approve the surplus of the unneeded fire truck and any associated equipment currently used as a reserve apparatus; and
6) Take such additional, related actions necessary to effectively and efficiently procure the Tractor Drawn Aerial Fire Truck and required Rescue Equipment from KME Fire Apparatus and Leasing 2, Inc.

16. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT NO. 3963 FOR A COMMUNITY RISK

ASSESSMENT AND ANALYSIS TO JACOB GREEN & ASSOCIATES (JGA) RECOMMENDATION: It is recommended that the City Council:
1) Award Professional Services Agreement No. 3963 to Jacob Green & Associates (JGA) in an amount not to exceed $103,026 to prepare a Community Risk Assessment and Analysis, Request for Proposal No. 22-3; and
2) Authorize the City Manager to take action necessary to execute and finalize a contract on behalf of the City; and
3) Take such additional, related, action that may be desirable.

17. RECEIVE AND FILE COMMUNITY PROJECT FUNDING REQUEST FOR FISCAL YEAR 2023 FROM

CONGRESSWOMAN LINDA SANCHEZ FOR THE MONTEBELLO PUBLIC SAFETY CRITICAL

COMMUNICATIONS UPGRADE PROJECT AND A NEW FIRE STATION AND TRAINING CENTER April 13, 2022: City Council Meeting Page 8 of 10
RECOMMENDATION: It is recommended that the City Council receive and file:
1) Information regarding two (2) project requests for Community Project Funding for Fiscal Year 2023 from the office of Congresswoman Linda Sánchez:
• $2.5 million for the Montebello Public Safety Critical Communications Upgrade Project
• $9.5 million for a New Fire Station and Training Center 2) Take such additional, related, action that may be desirable.

18. PAYMENT OF BILLS: RESOLUTION NO. 22-19 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED APRIL 13, 2022
RECOMMENDATION: Adopt Resolution No. 22-19 approving the Warrant Register dated April 13, 2022

19. APPROVE INCREASE TO THE BLANKET PURCHASE ORDER AMOUNT TO ALLSTAR FIRE EQUIPMENT, INC. AND GALLS, LLC FOR FIRE-RELATED PERSONAL PROTECTIVE EQUIPMENT AND HOSE FOR FISCAL YEAR 2021-22
RECOMMENDATION: It is recommended that the City Council:
1) Approve an increase of $245,000 to the blanket purchase order with Allstar Fire Equipment, Inc. for personal protective equipment and fire hose to a not to exceed amount of $275,000 for Fiscal Year 2021-22; and
2) Approve an increase of $46,000 to the blanket purchase order with Galls, LLC for personal protective equipment to a not to exceed amount of $95,000 for Fiscal Year 2021-22; and 3) Amend the Fiscal Year 2021-22 Budget by increasing appropriations by $31,000 in Account No. 100-85-860-6016 (Fire Department, Suppression, Uniform Expense); and 4) Take such additional, related, action that may be desirable.

20. APPROVE ISSUANCE OF A BLANKET PURCHASE ORDER TO ALLSTAR FIRE EQUIPMENT, INC., GALLS LLC, AND MUNICIPAL EMERGENCY SERVICES, INC. FOR PERSONAL PROTECTIVE

EQUIPMENT, UNIFORM APPAREL AND FIRE-RELATED SUPPLIES AND EQUIPMENT FOR

MULTI-YEAR PERIODS
RECOMMENDATION: It is recommended that the City Council:
1) Approve issuing an annual blanket purchase order to Allstar Fire Equipment, Inc. for personal protective equipment and fire-related supplies in an initial amount that shall not exceed $250,000 annually beginning Fiscal Year 2022-23 through 2024-25 ($750,000 total over a three (3) year period); and
2) Approve issuing an annual blanket purchase order to Galls, LLC for personal protective equipment, uniform apparel and fire-related supplies in an initial amount that shall not exceed $175,000 annually beginning Fiscal Year 2022-23 through 2025-26 ($700,000 total over a four (4) year period); and
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3) Approve issuing an annual blanket purchase order to Municipal Emergency Services, Inc. (MES) for personal protective equipment and fire-related supplies in an initial amount that shall not exceed $175,000 annually beginning Fiscal Year 2022-23 through 2024-25 ($525,000 total over a three (3) year period); and
4) Take such additional, related, action that may be desirable.

21. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH IBE DIGITAL TO IMPLEMENT A

STRATEGIC INFORMATION TECHNOLOGY INFRASTRUCTURE IMPROVEMENT PROJECT RECOMMENDATION: It is recommended that the City Council:
1) Authorize the City Manager to execute a five-year term agreement with IBE Digital to implement the Strategic Information Technology (IT) Infrastructure Improvement Project to include the City’s backbone network, storage and related software and hardware purchases, including procurement of installation and related services; and 2) Take such additional, related, action that may be desirable.

22. RECEIVE AND FILE PROJECT FUNDING REQUEST FOR FISCAL YEAR 2023 FOR THE MONTEBELLO SEWER SYSTEM REHABILITATION PROJECT – FOR CONSIDERATION OF

FEDERAL AND STATE APPROPRIATIONS
RECOMMENDATION: It is recommended that the City Council:
1) Information regarding the Montebello Sewer System Rehabilitation Project request for Funding for Fiscal Year 2023 from:
a. The Office of U.S. Senator Alex Padilla - $3 million b. The Office of California State Senator, Bob Archuleta, District 32 and California State Assemblymember Cristina Garcia, District 58 - $2.1 million 2) Take such additional, related, action that may be desirable.

AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

1. Councilmember Torres

2. Councilmember Peralta
• Pet Fair Recap - Thank you Director Sosnowski, staff, vendors and volunteers! • Spotlighting Rocio Gallardo owner of Kiki’s Treats - Honoree for Montebello’s Favorite Women Owned Business
• Hearts of Montebello: Easter Pillow Collection Drive for seniors at the Golden Manor Retirement Center. Collecting pillows, pillow cases, plushies, and healthy snacks.

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Golden Manor Retirement Center, April 15 | 10 a.m.
• Farmers Market: Thursdays 5-9 p.m. at 777 W. Whittier Blvd. (parking lot behind Wells Fargo)
• Requesting city contact information for Council to be placed on the city website

3. Councilmember Melendez

4. Mayor Pro Tem Jimenez

5. Mayor Cobos-Cawthorne

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on April 27, 2022 at 5:00 p.m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).

I, Alicia Fernandez, Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, April 10, 2022 5:00 p.m. _____________________________________________
Alicia Fernandez, Deputy City Clerk
ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Joseph Palombi, Director of Planning and Community Development SUBJECT: Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PDPMP-SPR/DA-04-21/ENV-04-22-SE).

DATE: April 13, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Determine and find that the Project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to the Sustainable Communities Project Exemption per California Public Resources Code Section 21155.1 (“ENV04-22-SE”); and 2) Adoption of City Council Resolution No. 22-18 approving a Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review, with Conditions (“PC-2021-0008-PD-PMP-SPR”); and
3) Introduce and waive first reading of Ordinance No. 2448 approving a Development Agreement (“DA-04-21”) by and between the City of Montebello (“City”) and Magna & Magna, Inc.; and
4) Take such other additional, related, action that may be desirable. 6 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022 Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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FISCAL IMPACT
Pursuant to the Development Agreement, Magna & Magna, LLC (the “Applicant”) will pay the following public benefit and developer fees to the City:
a) Development Tax to the City in the amount of $1,206.12 per unit pursuant to Ordinance No. 2331; and
b) Parkland Fees to the City in the amount $2,500 per unit as required by City Ordinance No. 2407; and
c) Off-Site Transit Stop Enhancements fee of $15,000 (one-time) to be used to provide enhancements to the nearest transit stop including the installation of a new covered transit stop and related passenger amenities such as lighting, seating, and trash receptacles.

The above-referenced fees would be paid prior to the issuance of building permits and/or certificates of occupancy in connection with the proposed project. The project would generate approximately $593,154.72 in fee revenue per the Development Agreement.

The revenue would be recorded in the Park Development Fund ($2,500 per unit x 156 units = $390,000 in Fund 250), and the General Fund ($1,206.12 per unit x 156 units + $15,000 transit stop = $203,154.72).

In addition to the Development Agreement revenue, once completed the project will generate additional property tax, which will benefit the City directly as well as other agencies receiving a share of the property tax revenue (e.g. school districts, County, special districts, etc.). Future budgets will include estimated revenue from this project.

BACKGROUND
In February 2021, the City received a request from Magna & Magna, Inc. for a Planned Development District, Parking Management Plan, Site Plan Review, and Development Agreement to construct 140 residential dwelling units at Project Site A (116, 128, and 136 N Poplar Avenue) and construct 16 residential dwelling units at Project Site B (129-133 N Poplar Avenue) for a total of 156 units.

Staff attended three separate neighborhood outreach meetings held and organized by the Applicant. In addition, staff attended two separate meetings that were also organized by the Applicant and intended to address questions and concerns, as well as provide advance notice to residents, regarding relocation. These meetings were held as follows:

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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1. June 12, 2021 – Outreach to Existing Tenants

2. June 26, 2021 – Outreach to Existing Tenants

3. July 10, 2021 – 1st Community Outreach Meeting

4. August 28, 2021 – 2nd Community Outreach Meeting

5. September 25, 2021 – 3rd Community Outreach Meeting
On February 17, 2022, a public hearing notice for the Planning Commission meeting was published in the Daily Journal (Whittier Daily News) and mailed to all property owners/occupants within a 300-foot radius.

On March 1, 2022, the Planning Commission held a duly noticed public hearing to consider: 1) recommendation to the City Council of the Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review, with Conditions (Case No. PC-2021- 0008-PD-PMP-SPR, with conditions, to allow the construction of 140 residential dwelling units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 residential dwelling units at Project Site B (129-133 N. Poplar Ave) for a total of 156 residential dwelling units.

At that meeting, the Planning Commission heard the application filed by the Applicant for the development of 156 residential dwelling units at Project Site A and Project Site B.

The Planning Commission conducted the public hearing, received testimony, and closed the public hearing. After the public hearing was closed the Planning Commission deliberated and ultimately voted as follows:
• Two (2) Members in support of Resolution No. 05-22 (Please see Attachment F) approving the recommendation of approval for City Council consideration; • One (1) Member in opposition to the Resolution of recommendation; • One (1) Member abstaining; and
• One (1) Member absent.

The results of the original vote at the above-referenced Planning Commission meeting were re-examined by staff and City Attorney’s Office. This matter was included in the agenda for the next regularly scheduled Planning Commission meeting.

On March 15, 2022, after receiving guidance from Legal Counsel to the Planning Commission, staff provided an update to the Planning Commission concluding that the matter before the Planning Commission did pass based on the above-referenced vote (2- 1-1-1) resulting in the approval of Resolution No. 05-22 recommending approval of the proposed project to the City Council for final consideration.

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ANALYSIS
The proposed project will consist of two sites, Project Site A (116, 128, and 136 N. Poplar Avenue) and Project Site B (129-133 N. Poplar Ave). Project Site A will involve the construction of 140 apartment units (including 30 units affordable to lower-income households) within an approximately 73,807 square foot (1.69 acres) development area and Project Site B will involve the construction of 16 apartment units (including 2 units affordable to lower-income households) within an approximately 12,500 square foot (0.28 acres) development area. The proposed development is seeking entitlements for a Planned Development District, Site Plan Review, a Parking Management Plan, and a Development Agreement.

Project Site A
Project Site A is located north of East Whittier Blvd and is comprised of three (3) parcels:
116 N. Poplar Avenue (APN 6347-012-008), 128 N. Poplar Avenue (APN 6347-011-019), and 136 N. Poplar Avenue (APN 6347-011-013) for a combined lot area of approximately 73,807 square feet. Each parcel is located in the R-3 (Multi-Family Residential Zone) with a General Plan Land Use designation of High-Density Residential. The proposed apartment building will consist of four (4) floors and include a total of 140 dwelling units (including 30 units affordable to lower-income households). In addition, two (2) subterranean parking levels containing a total of 298 off-street parking spaces will be provided. The building will have a total floor area of approximately 170,161 square feet and will have a maximum height of 47 feet. The project will have a Floor Area Ratio (FAR) of approximately 2.31 to 1, lot coverage of 57%, and a density of approximately 83 units per acre. The project entitlements will address deviations from the Montebello Municipal Code (MMC) standards, including, but not limited to, height, density, number of bedrooms, setbacks, open space, trash, and parking.

First Floor – Project A. The first floor will have a floor area of approximately 40,325 square feet and will contain 35 units ranging in size from 616 square feet to 1,780 square feet.

Of the total units to be provided, one unit will be a studio unit; 15 units will feature one bedroom and one bathroom; 17 units will feature two bedrooms and two bathrooms; and 2 units will feature three bedrooms and two bathrooms. A number of amenities will be provided on the first-floor deck including the leasing office, courtyard, swimming pool, CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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gym, and children’s play area.

Second Floor – Project A. The second floor will have a floor area of approximately 43,279 square feet and will contain 35 units ranging in size from 730 square feet to 1,780 square feet. Of the total number of units provided, 13 units will be equipped with one bedroom and one bathroom, 18 units will feature two bedrooms and two bathrooms; and 4 units will feature three bedrooms and two bathrooms.

Third Floor – Project A. The third floor will have a floor area of approximately 43,279 square feet and will contain 35 units ranging in size from 730 square feet to 1,780 square feet. Of the total of units that will provided, 13 units will be equipped with one bedroom and one bathroom; 18 units will feature two bedrooms and two bathrooms; and 4 units will consist of three bedrooms and two bathrooms.

Fourth Floor – Project A. The fourth floor will have a floor area of approximately 43,279 square feet and will contain 35 units ranging in size from 730 square feet to 1,780 square feet. Of the total of units that will be provided, 13 units will be equipped with one bedroom and one bathroom; 18 units will feature two bedrooms and two bathrooms; and 4 units will consist of three bedrooms and two bathrooms.

Access and Parking – Project A. Access to the new apartment building will be provided via two 20-foot-wide driveways located at the northwestern and southwestern corners of the site. These driveways will provide access to the subterranean parking levels from Poplar Avenue. Parking will be provided within two subterranean parking levels totaling 124,514 gross square feet. Per Section 17.52.050 of the MMC, the 140-unit project will require 327 off-street parking spaces. Pursuant to the State of California’s Density Bonus Law (Cal. Govt. Code Section 65915), because the project would include at least 10% of the units for lower-income households, the project is not required to provide more than one on-site parking space per studio unit and one-bedroom unit, and 1.5 on-site parking spaces per two-bedroom unit and three-bedroom units (including parking for persons with a disability and guest parking). Based on these ratios, Project A is required to provide a minimum of 182 total parking spaces. Project A will exceed this requirement and provide a total of 298 parking spaces, including 132 tandem parking spaces and 72 compact parking spaces. A Parking Management Plan is required CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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through the proposed tandem and compact parking spaces. Project A also includes a total of 14 short-term and 140 long- term bicycle spaces.

Amenities and Open Space – Project A. A total of 31,360 square feet of open space will be provided. Private open space will consist of 14,578 square feet of balcony space, with each private balcony approximately 100-106 square feet in size. Public open space will consist of a 982 square foot rear yard, a 14,760 square foot courtyard, and a 1,040 square foot gym. The project will also include various amenities such as barbeque areas, a water feature and swimming pool, and a 1,100 square foot children’s play area. Section

17.10.020 of the MMC requires projects to provide a minimum of 150 square feet of private open space per unit and a minimum of 100 square feet of common open space per unit. The overall total requirement for open space is 300 square feet per unit or 42,000 square feet. Due to the unique site configuration, the project will provide 100 square feet of private open space per unit. The proposed amount of private open space per unit and approximate 25% reduction in open space compared to MMC requirements are requested through the Planned Development application. Finally, Project A will include 140 storage units totaling 136.9 cubic feet of storage space for each unit.

Architecture – Project A. The project design will be Mediterranean modern architecture.

The exterior structure will comprise white and tan stucco. Red tile roofs will be provided.

Meanwhile, the garage doors will be dark brown in color, which will provide visual contrast.

Infrastructure – Project A. All applicable building and fire codes will be adhered to. In addition, utilities will be upgraded, i.e., water, electric, gas, and sewer, to provide for additional capacity. All applicable Low Impact Development (LID) requirements will be incorporated into the project design
Project Site B
Project Site B is located north of East Whittier Blvd and will consist of two (2) parcels: 129 N. Poplar Avenue (APN 6346-020-012) and 133 N. Poplar Ave (APN 6346-020-013) for a combined lot area of approximately 12,500 square feet. Each parcel is located in the R3 (Multi-Family Residential Zone) with a General Plan Land Use designation of MediumDensity Residential. The proposed apartment building will consist of three floors and include 16 dwelling units (including 2 units affordable to lower-income households). The CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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project will provide 30 off-street parking spaces, including 20 tandem parking spaces and 11 compact spaces. The building will have a total floor area of approximately 23,859 square feet and will have a height of 34 feet and six inches. The building will have a Floor Area Ratio (FAR) of 2.0 to 1, lot coverage of 73%, and a density of 55.74 units per acre.

First Floor – Project B. The first floor will have a floor area of approximately 7,889 square feet and will contain a total of 30 parking spaces, including 20 tandem parking spaces and 11 compact parking spaces.

Second Floor – Project B. The second floor will have a floor area of approximately 7,985 square feet and will contain 8 units ranging in size from 910 square feet to 1,260 square feet. Of the total units that will be provided, two units will be equipped with one bedroom and one bathroom; five units will feature two bedrooms and two bathrooms; and one unit will consist of three bedrooms and two bathrooms.

Third Floor – Project B. The third floor will have a floor area of approximately 7,985 square feet and will contain 8 units ranging in size from 910 square feet to 1,260 square feet. Of the total units that will be provided, 2 units will be equipped with one bedroom and one bathroom; 5 units will feature two bedrooms and two bathrooms; and 1 unit will consist of three bedrooms and two bathrooms.

Access and Parking – Project B. Access to new apartment building will be provided by a 22-foot-wide curb-cut along the west side of Poplar Avenue. A garage door will provide controlled access to the parking area, which will contain a mixed of side-by-side and tandem tuck under parking 4 spaces. Certain of these tuck under spaces will have direct access to the alley that extends along the project site’s western boundary. These spaces will have user-controlled gated access to the alley. Per Section 17.52.050 of the MMC, the 16-unit project will require 37 off-street parking spaces. Pursuant to the State of California’s Density Bonus Law (Cal. Govt. Code Section 65915), because the project would include at least 10% of the units for lower income households, the project is not required to provide more than one on-site parking space per studio unit and one-bedroom unit, and 1.5 on-site parking spaces per two-bedroom unit and three-bedroom units (including parking for persons with a disability and guest parking). Based on these ratios, Project B is required to provide a minimum of 22 total parking spaces. Project B will exceed this requirement and provide a total of 30 parking spaces, including 20 tandem CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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parking spaces and 11 compact parking spaces. The proposed tandem and compact parking design for some of the parking spaces is being requested through the Planned Development and Parking Management Plan applications. Project B also includes a total of 16 bicycle spaces.

Amenities and Open Space – Project B. A total of 3,650 square feet of open space will be provided. Private open space will consist of 1,650 square feet of balcony space, with each private balcony approximately 100-110 square feet in size. Public open space will consist of a 2,000 square feet roof deck with patio furniture. Section 17.10.020 of the MMC requires projects to provide a minimum of 150 square feet of private open space per unit and a minimum of 100 square feet of common open per unit. The overall total requirement for open space is 300 square feet per unit or 4,800 square feet. Due to the unique site configuration, the project will provide 100 square feet of private open space per unit. The proposed amount of private open space per unit and approximate 25% reduction in open space compared to MMC requirements are requested through the Planned Development application. Finally, a total of 16 storage units totaling 1,600 cubic feet (or 100 cubic feet per unit) will be provided.

Architecture – Project B. The project design will be Mediterranean modern architecture.

The exterior structure will comprise white stucco with dark brown trim. Meanwhile, the garage doors will be brown in color, which will provide visual contrast.

Infrastructure – Project B. All applicable building and fire codes will be adhered to. In addition, utility lines will be upgraded, i.e., water, electric, gas, and sewer, to provide for additional capacity. All applicable Low Impact Development (LID) requirements will be incorporated into the project design
Pursuant to a request from the Applicant, the Planning Commission shall be the recommending body on the proposed entitlements: Planned Development District, Parking Management Plan, Site Plan Review and Development Agreement.

Construction Characteristics
Project A’s construction is anticipated to last for approximately 21 months and will include the demolition of the existing buildings.

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Demolition/Site Clearance – Project A. The demolition phase will involve the demolition of the existing on-site structures and the clearance of the project site. This phase will last for two 5 months. Up to two excavators, two skid loaders, and a dump truck may be present during this phase.

Grading – Project A. The grading phase will involve the removal of approximately 26,750 cubic yards of earth from of the project site. This phase will last for one month. Up to two excavators and two skid loaders may be present during this phase. In addition, a total of 1,337 haul trucks will be required.

Shoring – Project A. The shoring phase will involve the installation of piles and foundation support.

This phase will last for two months. Up to two drill rigs and one crane may be present during this phase.

Building Construction – Project A. This phase will involve the construction of the building and parking garage. This phase will last for 12 months. Typical equipment used during this phase includes cranes scaffolding equipment, generators, cement trucks, excavators, aerial lifts, and forklifts.

Finishing – Project A. This phase will involve the planting of landscaping, the application of architectural coatings, and the installation of various amenities. This phase will last for four months. Typical equipment used during this phase includes air compressors.

Project B’s construction is anticipated to last for approximately 12 months and will include the demolition of the existing buildings.

Demolition/Site Clearance – Project B. The demolition phase will involve the demolition of the existing on-site structures and the clearance of the project site. This phase will last for one month. Up to one excavator and two skid loaders may be present during this phase.

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Trenching/Foundations – Project B. This phase will involve the trenching of the site and the establishment of the building foundations. This phase will last for one month. Up to one mini-excavator and two backhoes may be present during this phase.

Building Construction – Project B. This phase will involve the construction of the building and parking garage. This phase will last for eight months. Typical equipment used during this phase includes cranes, scaffolding equipment, generators, aerial lifts, forklifts, excavators, and cement trucks.

Finishing – Project B. This phase will involve the planting of landscaping, the application of architectural coatings, and the installation of various amenities. This phase will last for two months. Typical equipment used during this phase includes air compressors.

PROJECT/APPLICANT INFORMATION
Project Location: 116, 128, & 136 N. Poplar Ave and 129 & 133 N. Poplar Ave Project Applicant: Mark Magna – Magna & Magna, Inc.

Property Owner: Magna & Magna, Inc.

General Plan Designation: High/Medium-Density Residential Zoning: R-3 (Multiple-Family Residential Zone)
Existing Use on Property: Residential uses (47 residential dwelling units)

PROJECT SITE
I. PROJECT SITE A
The surrounding zoning and land uses are listed as follows:

Direction Zone Land Use
North R-3 Multiple-Family Residential
South C-2 Boulevard Commercial
East R-3/M-1 Multiple-Family Residential/Light
Manufacturing
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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Direction Zone Land Use
West R-3 Multiple-Family Residential
II. PROJECT SITE B
The surrounding zoning and land uses are listed as follows:

Direction Zone Land Use
North R-3 Multiple-Family Residential
South R-3 Multiple-Family Residential
East R-3 Multiple-Family Residential
West R-3 Multiple-Family Residential

GENERAL PLAN
The proposed Project is consistent with, among other things, the following goals and policies of the General Plan:

1. Land Use Element:

A. Goals:
a. Land Use Element, Goal #1, “To formulate a plan which is responsive to the needs of the community and which permits the orderly arrangement of land uses, permitting sufficient areas for reasonable development;” B. Policies
a. Policy Residential #2, “Residential development of varying densities and housing types should be compatible among themselves and with adjacent commercial and industrial development,”
b. Policy Residential #3, “Opportunities for a variety of living needs should be available in various locations throughout the City”.

1. Housing Element:

A. Policies:
a. Policy #4.1 “The City will continue to encourage the development of affordable housing throughout the community.”
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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b. Policy #4.5 “The City will continue to encourage development of new housing in proximity to public services, transportation routes, and other community facilities”.
c. Police #4.6 “The City will encourage the establishment of a variety of affordability levels in multiple-projects”.

The proposed project conforms with the City of Montebello General Plan, Land Use Element in that the proposed use will provide an additional service for an existing business that will increase the taxable revenue from this business to the City and that the site is in an appropriate location give than it is located along Beverly Boulevard, which is a major thoroughfare in the City.

PLANNED DEVELOPMENT DISTRICT
Pursuant to Section 17.38.010 of the MMC, a plan development district ("PD") is a master planning mechanism for the development of larger parcels of land in residential, commercial and manufacturing zones where the existing underlying development standards do not functionally allow for reasonable development. This master planning mechanism allows for a comprehensive approach to development on a single parcel or contiguous parcels of land under single or joint ownership, and allow for flexibility in land use controls typically required by another zoning designation. The planned development mechanism encourages the use of modern planning and development techniques thereby ensuring more efficient utilization of land in the community.

Pursuant to Section 17.38.110, the Planning Commission and City Council must make the following findings:

A. The site for the proposed use is in compliance with the provisions of this chapter.

The proposed Planned Development is in compliance with Chapter 17.38 of the Zoning Code. Consistent with MMC Section 17.38.010, the Planned Development would allow for flexibility in land use controls, as the existing underlying development standards do not functionally allow for reasonable development of the project sites. The projects proposed for Project Site A and Project Site B are CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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in substantial compliance with the MMC; however, inefficiencies in the MMC do not recognize current residential building and market trends or site specific conditions. Therefore, relief is sought for certain development standards contained in the MMC through a Planned Development approval.

As detailed below, consistent with MMC Chapter 17.38, the Planned Development would, among other things: provide for sound and efficient development of project sites with unique topographic land features and/or having irregular shape; allow the development of large residential projects in such a manner to ensure that the projects are consistent with the elements of the general plan, and to assure that the projects will be compatible with surrounding existing and proposed land uses; reduce or eliminate the rigidity, delays, and inequities that otherwise may result from the application of land use regulations; and encourage architectural design diversity and avoid monotony by allowing greater freedom in the design of architectural elements to provide access, light, open space, and amenities in an aesthetically pleasing manner.

Consistent with MMC Section 17.38.040, the project sites comprising the Planned Development would have a total area of more than one-half acre. With approval of the Planned Development, the projects will be in compliance with the MMC.

Project A
Project Site A is an approximately 73,807 square foot trapezoidal irregularlyshaped site. The topography of the site trends downwards towards the south and east and presents unique challenges to the development of a MMC compliant, modern, and architecturally uniform structure. This is reflected in the irregular and inefficient location of the current buildings including carports on the site. The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. In this case, there will be three separate parcels held together as one for a single building site. The MMC allows one unit per 3,000 square feet of lot area; therefore, the site could only yield 24 units under the current density standards. There are currently 41 units located on the project site, almost double the number permitted under the MMC. As part of the required Planned Development approval, the project includes 140 units (including 30 units affordable to lower- CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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income households) at a density of approximately 83 units per acre. This density is consistently found in many communities in the region. Project A’s design and layout are efficient and self-contained with on-site amenities and parking.

The MMC allows a maximum of 1 bedroom per 1,000 square feet of lot area; therefore, the site could only yield 74 bedrooms under this standard. Project A would include a total of 237 bedrooms, exceeding this requirement. The project includes a mix of studio, one, two, and three-bedroom units and units that will range in size as follows: 616 square feet for the studio units; onebedroom units from 730 square feet to 900 square feet; two-bedroom units from 1,100 square feet to 1,500 square feet; and three-bedroom units from 1,472 to 1,780 square feet. These unit sizes are ample and spacious for the market and match or exceed square footages seen in similar projects. The building is integrated into the landscape and takes into account the sloping topography, unique shape of the lot, and constrained access to the site from Poplar Avenue. Applying the MMC standards for density and bedroom count would negatively impact the unit count and unit sizes of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number, variety, and quality of units that could be provided.

Per the MMC, the maximum lot coverage in the R-3 Zone is 60%. Lot coverage standards exist to regulate the number and size of structures on a lot to allow for open space and adequate light and ventilation. Typically, lot coverage represents the percentage of building area-generally measured by the building footprint or roof lines as a proportion to the land area of the site. The existing site is developed with structures of varying sizes and shapes and currently has a lot coverage of approximately 42%. The proposed project would have a lot coverage of 57%, in compliance with the MMC standard.

The maximum height allowed in the R-3 zone is 25 feet. The Planned Development is proposing to exceed the height limit of 25 feet. The MMC height regulation is overly restrictive and is lower than the height limit of 35 feet set forth in Single Family Residential (R-1) zones. The height of the proposed building is 47 feet and 4 stories, as measured under the MMC, and does not include CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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stepbacks. The topography of the site slopes to the south and east, necessitating the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The south elevation of the proposed building would be partially obscured from Whittier Boulevard due to southward sloping conditions including the closed off but non-vacated portion of Poplar Avenue and existing buildings along the street. The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site. The building setbacks and articulation will serve to adequately relate the building to adjacent properties.

The MMC requires a minimum open space of 150 square feet per unit for private open space and 100 square feet per unit for common open space with a total of 300 square feet open space per unit thus requiring 42,000 square feet in total. The nature of the topography of the site and its shape precludes the project from providing the minimum open space distribution between private and common open space; therefor, the project requests an approximate 25% reduction in required open space and would provide a total of 31,360 square feet of open space. The requested open space reduction is appropriate because the project would still provide ample private and public on-site open space, especially compared to the existing development which includes very little on-site open space. The project features state-of-the-art amenities, including balconies for each unit, a courtyard with a pool, water feature, kids play area, barbeques, cabanas, seating areas, and a solar panel zone designed for the installation of future solar panels. Therefore, the project provides abundant open space and high-quality open space and recreation areas for residents, and the triangular design of the building with a large central open courtyard will provide all units in the building ample light and ventilation.

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persons with a disability and guest parking). Per Section 17.52.050 of the MMC, the 140-unit project will require 327 off-street parking spaces. However, based on the ratios provided under the State of California’s Density Bonus Law, Project A is required to provide a minimum of 182 total parking spaces. The project will exceed this requirement and provide a total of 298 parking spaces located in two subterranean levels. In addition, the project will provide 14 short-term bicycle racks and 140 long-term bicycle racks. The proposed building provides an efficient design and layout considering the site constraints and is designed to be fully self-contained as it relates to parking including the use of tandem and compact parking spaces. The project would include the approval of a Parking Management Plan for the tandem and compact parking spaces.

Public transportation options exist for residents of the project. For example, Project Site A is located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the project is wellserved by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to ride-share services.

The project offers storage units for each unit in the building conveniently located at both garage levels. The project includes storage units that are generally CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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stacked and include 136.9 cubic feet per unit. In addition, each residential unit has ample interior closet space offsetting the need for such extensive storage requirements.

The MMC requires trash areas for multiple-family dwellings to provide the equivalent of not less than seventy-five gallon capacity container per dwelling unit.

The project will have frequent trash pickup service throughout the week to ensure that the project’s trash demands are adequately served. With 24 commercial trash bins and frequent trash pickup service, the project will include adequate trash facilities.

Project B
Project Site B is comprised of two rectangular-shaped parcels totaling approximately 12,500 square feet. While the shape of the lot is not irregular, the density and other regulatory standards set forth in the R-3 Multiple Family Residential Zone would allow for the construction of a maximum of four units and as such is not conducive to the encouragement of reinvestment in housing stock.

In this case, there will be two separate parcels held together as one for a uniform project. The MMC allows one unit per 3,000 square feet of lot area; therefore, the CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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site could only yield four units under the density standards and allows bedroom per 1,000 square feet of lot area. The site is currently improved with two singlefamily residences. As part of the required Planned Development approval, the project includes 16 units (including 2 units affordable to lower-income households) at a density of approximately 56 units per acre. This density is consistently found in many communities in the region. Project B’s design and layout are efficient and self-contained with on-site amenities and parking.

The MMC allows a maximum of 1 bedroom per 1,000 square feet of lot area; therefore, the site could only yield 12 bedrooms under this standard. Project A would include a total of 30 bedrooms, exceeding this limit. The project includes a mix of one-, two-, and three-bedroom units and unit will range in size as follows:
825 square feet for the one-bedroom units; 891 square feet to 1,083 feet for the two-bedroom units; and 1,179 square feet for the three-bedroom units. These unit sizes are ample and spacious for the market and match or exceed square footages seen in similar projects. The building is integrated into the landscape and small size and limited access to the site from Poplar Avenue and the alley.

Applying the MMC standards for density and bedroom count would negatively impact the unit count and unit sizes of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number, variety, and quality of units that could be provided.

The project has a lot coverage of 74% which is necessary to accommodate the proposed density. The building is inviting and spacious and strict adherence to the lot coverage standard based on the site’s small size would result in unique challenges that would compromise the integrity of the building’s design and reduce the number of units that could be provided.

The maximum height allowed in the R-3 zone is 25 feet. The Planned CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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Development will propose to exceed the height limit of 25 feet. The MMC height regulation is overly restrictive and is lower than the height limit of 35 feet set forth in Single Family Residential (R-1) zones. The height of the proposed building is 34 feet and 6 inches and 3 stories (including one parking level), as measured under the MMC, and does not include stepbacks. All elevations of the building feature architectural details including brow pieces and trellis structures over the upper balconies, score lines on the walls, a decorative tile mansard roof, and vine pockets along the south and north elevations to soften the buildings appearance.

The building setbacks and articulation will serve to adequately relate the building to adjacent properties.

Pursuant to the State of California’s Density Bonus Law (Cal. Govt. Code Section 65915), because the project would include at least 10% of the units for lowerincome households, the project is not required to provide more than one on-site parking space per studio unit and one-bedroom unit, and 1.5 on-site parking spaces per two-bedroom unit and three-bedroom units (including parking for persons with a disability and guest parking). Per Section 17.52.050 of the MMC, the 16-unit project will require 37 off-street parking spaces. However, based on the ratios provided under the State of California’s Density Bonus Law, Project B is required to provide a minimum of 22 total parking spaces. The project will exceed this requirement and provide a total of 30 parking spaces. The project will provide a combination of side-by-side and tandem parking spaces in a controlled CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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tuck under garage. In addition, the project will provide 16 bicycle parking spaces.

The proposed building provides an efficient design and layout considering the site constraints and is designed to be fully self-contained as it relates to parking including the use of tandem and compact parking spaces. The project would include the approval of a Parking Management Plan for the tandem and compact parking spaces. Public transportation options exist for residents of the project. For example, Project Site B is located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the project is well-served by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to ride-share services.

The MMC requires building setbacks of 20 feet from the front property line, 5 feet along the side yard setback and 10 feet from the rear yard property line. The MMC also requires a one-foot stepback for every three feet over 15 feet. In this case, the project exceeds the side yard setbacks. The front property line (east elevation facing Poplar Avenue) is proposed at 15 feet and the building does not include the one-foot stepback. The 15-foot setback is sufficient given the building’s contemporary Mediterranean architectural style and inviting residential appearance, main entryway, and abundant landscaping along the front setback. If the stepback requirement were observed, it would require the reduction of the rooftop deck and would reduce the overall number of units. The rear yard setback is proposed at 5 feet where 10 feet is required; however, the rear yard faces the alley so the effective setback from the properties across the alley is 15 feet.

The MMC requires 100 cubic feet of storage per residential unit. The building’s garage is the most efficient and effective location for these storage units given small size of the site. The project includes storage units that are stacked above the front ends of parking spaces and provide 100 cubic feet overall for each unit. In addition, each residential unit has ample interior closet space.

The MMC requires trash areas for multiple-family dwellings to provide the CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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equivalent of not less than seventy-five gallon capacity container per dwelling unit.

Where commercial trash containers (three cubic yards or more) are used, one container is required for every seven dwelling units and trash areas are required to be located within one hundred fifty feet of the units which they serve. Under the MMC, the project would be required to provide two commercial trash bins, and the project includes a dedicated trash and recycling area located at the ground level. The project will have frequent trash pickup throughout the week to ensure that the project’s trash demands are adequately served. With a dedicated trash and recycling area and frequent trash pickup service, the project will include adequate trash facilities.

With approval of the Planned Development, the project on Project Site B will be in compliance with the MMC.

B. The project is consistent with the subdivision regulations, with the general intent of the zoning regulations, with the general plan, and with any applicable specific plan.

The projects, including the proposed Planned Development with Density Overlay and Height Overlay, would be consistent with the general intent of the zoning regulations and with the City’s General Plan. The projects do not propose any subdivision and there is no applicable specific plan.

Per Section 17.02.020 of the MMC, the purpose of the zoning code is “to permit the most compatible use of land within the city, consistent with the needs of residential, commercial and industrial developments, and the promotion of the public health, safety, welfare and general prosperity of the city and its CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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residents.” Both projects are of the high-quality design and have a layout with a scale and massing harmonious with the area, and represent a significant reinvestment in the City. They would be compatible with the existing residential uses in the vicinity of the project sites, and would contribute to the City’s residential needs.

One policy of the Land Use Element of the General Plan is that “Residential development of varying densities and housing types should be compatible among themselves and with adjacent commercial and industrial development”. Another policy of the same element states “Opportunities for a variety of living needs should be available in various locations throughout the City”. For both project sites, separate parcels will be combined to form a single building site which in turn creates opportunities for excellence in design, site layout, and more efficient vehicular and pedestrian access. Both Project A and Project B are of high-quality architectural design and offer amenity-rich rental housing opportunities not commonly found in the City of Montebello. This would be consistent with the General Plan’s policy of provide varying housing types and opportunities for a variety of living needs in the City.

A stated purpose of the 2016-2021 Housing Element is “to review development standards to improve site design, architectural quality, and livability of multi-family units”. The 2016-2021 Housing Element contemplated updating the Zoning Standards for the R-3 zone to accommodate the additional housing needs identified in the Regional Housing Needs Assessment (RHNA); however, these revised standards have not been codified. The project design for both sites’ layout is efficient and self-contained with on-site amenities and parking. The projects utilize efficient design concepts and are integrated into the neighborhood and are therefore compatible with the surrounding uses. In addition, the new residents will support and enhance demand for commercial services from the nearby business districts in the City.

Other stated purposes of the 2016-2021 Housing Element are “to minimize governmental constraints, market constraints, and environmental constraints that may impede the development of new housing,” and “to address future housing CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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needs by expanding housing opportunities in the City.” The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. The projects would utilize the MMC’s Planned Development provisions to achieve additional density and certain deviations from the R-3 development standards to expand housing opportunities in the City and meet the goals of the City’s Housing Element. The projects would make a substantial contribution towards meeting the City’s RHNA allocation, including its affordable housing allocation, consistent with the goals and policies of the General Plan Housing Element.

The projects would also support the following policies of the 2016-2021 Housing Element related to affordable housing:

Policy 4.1. The City will continue to encourage the development of affordable housing throughout the community.

Policy 4.5. The City will continue to encourage development of new housing in proximity to public services, transportation routes, and other community facilities.

Policy 4.6. The City will encourage the establishment of a variety of affordability levels in multiple-projects.

4.6, the projects would be mixed-income projects with a variety of affordability levels, both market-rate and affordable to lower-income households.

C. Is compatible with present and future development of the property within the immediate vicinity.

Project A
The maximum height allowed in the R-3 zone is 25 feet. The proposed CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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Planned Development will look to exceed the permitted height under the R-3 Zone development standards. The MMC height regulation is overly restrictive and is lower than the height limit of 35 feet set forth in Single Family Residential (R-1) zones. The height of the proposed building is 47 feet and 4 stories, as measured under the MMC, and does not include stepbacks. The topography of the site slopes to the south and east, necessitating the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The south elevation of the proposed building would be partially obscured from Whittier Boulevard due to southward sloping conditions including the closed off but non-vacated portion of Poplar Avenue and existing buildings along the street. The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site. The building setbacks and articulation will serve to adequately relate the building to adjacent properties. Therefore, the project physically relates to the adjacent and surrounding properties in the vicinity.

Project B
The maximum height allowed in the R-3 zone is 25 feet. The Planned Development will propose to exceed to height limit set forth in the R-3 Zone. The MMC height regulation is overly restrictive and is lower than the height limit of 35 feet set forth in Single Family Residential (R-1) zones. The height of the proposed building is 34 feet and six inches and 3 stories (including one level of parking), as measured under the MMC, and does not include stepbacks. While the site is relatively flat and rectangular-shaped, the small size of the site necessitates the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The site abuts Poplar Avenue to the east, an alley to the west, two-story multi-family buildings to the north and while some of the adjoining properties to the south and east across the alley are improved with single-family homes, the building setbacks and articulation will serve to adequately relate the building to adjacent properties. Therefore, the project physically relates to the adjacent and surrounding properties in the vicinity.

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As discussed above, given the building’s contemporary Mediterranean architectural style and inviting residential appearance, and abundant landscaping along the front setback, the projects’ setbacks are sufficient and would also be compatible with present and future development of property within the immediate vicinity.

D. Is consistent with the general peace, health, safety and general welfare.

Section 17.02.020 of the MMC, allows in part for the regulation of land uses to promote compatibility consistent with the needs of the respective land use type and to promote the public health, safety, welfare and general prosperity of the city and its residents. Both projects are of high-quality design and have a layout with a scale and massing harmonious with the area, and represent a significant reinvestment in the City.

The topography of the Project Site A slopes to the south and east, necessitating the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The south elevation of the proposed building would be partially obscured from Whittier Boulevard due to southward sloping conditions including the closed off but non-vacated portion of Poplar Avenue and existing buildings along the street. The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site. While Project Site B is relatively flat, the small size of the site necessitates the zoning code deviations sought through the Planned Development for the project in order to integrate all parking, open space, and amenities into one cohesive building.

Both buildings’ setbacks and articulation will serve to adequately relate the buildings to adjacent properties. Except for the relief being sought by the Planned Development approval to exceed in density and height, both projects are designed to be fully compliant with the intent of the required codes and standards and will pay all required development-related fees. Both projects will be assets to the City, will address the severe shortage of quality housing CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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(including quality affordable housing) in the rental market in the region with convenient access to the job market, and will provide the residents a greater variety of housing options (including affordable housing).

In addition, the projects would not adversely affect the general peace, health, safety, and welfare of surrounding residents, because the projects will be constructed in accordance with all applicable City regulations. Construction will occur within the permitted hours. Furthermore, the projects will comply with all Low Impact Development (LID) and building code requirements E. That the permitted uses and development standards adopted as part of the PD will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not have been adequately achieved under the preexisting zoning district.

Therefore, relief is sought for certain development standards contained in the MMC through a Planned Development approval. With approval of the Planned Development, the projects will be in compliance with the MMC.

Project Site A is an approximately 73,807 square foot trapezoidal irregularlyshaped site. The topography of the site trends downwards towards the south and east and presents unique challenges to the development of a MMC compliant, modern, and architecturally uniform structure. This is reflected in the irregular and inefficient location of the current buildings including carports on the site. The MMC allows one unit per 3,000 square feet of lot area; therefore, the site could only yield 24 units under the density standards. There are currently 41 units located on the project site, almost double the number permitted under the MMC. Utilizing the Planned Development approval, the project will exceed the permitted density and propose 140 units (including 30 units affordable to lower-income households) at a density of approximately 83 units per acre. This density is consistently found in many communities in the region. Project A’s CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

Page 27 of 48 ends

design and layout are efficient and self-contained with on-site amenities and parking. The building is integrated into the landscape and takes into account the sloping topography, unique shape of the lot, and constrained access to the site from Poplar Avenue. Applying the MMC standards for density would negatively impact the unit count of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number of units that could be provided.

Project Site B is comprised of two parcels with approximately 12,500 square feet that is rectangular-shaped. While the shape of the lot is not irregular, the density and other regulatory standards set forth in the R-3 Multiple Family Residential Zone would allow for the construction of a maximum of four units and as such is not conducive to the encouragement of reinvestment in housing stock. In this case, there will be two separate parcels held together as one for a uniform project.

The MMC allows one unit per 3,000 square feet of lot area; therefore, the site could only yield four units under the density standards and allows bedroom per 1,000 square feet of lot area. The site is currently improved with two single-family residences. Utilizing the Planned Development approval, the project will exceed the permitted density and propose 16 units (including 2 units affordable to lowerincome households) at a density of approximately 56 units per acre. This density is consistently found in many communities in the region. Project B’s design and layout are efficient and self-contained with on-site amenities and parking. The building is integrated into the landscape and takes into account the small size and limited access to the site from Poplar Avenue and the alley.

Applying the MMC standards for density would negatively impact the unit count of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number of units that could be provided.

Project A and Project B (collectively “the projects”) will be constructed in accordance with all pertinent building code requirements. Construction will occur during the permitted hours of operation. In addition, the projects will include energy and water efficient fixtures, LID appurtenances, bicycle racks, and designated areas for solar panels. The trips generated by the proposed project will not exceed the capacity of the adjacent streets, nor will the projects’ trips result CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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in a deterioration of any intersection levels of service. The new development will increase property values in the area and will assist the City in achieving its RHNA goals by providing necessary rental housing (including affordable housing). The implementation of the Planned Development is essential, because the current zoning conditions do not permit an increase in density. The existing conditions presently limit the City’s ability to meet its RNHA targets. In addition, the 2016- 2021 Housing Element contemplated updating the Zoning Standards for the R-3 zone to accommodate the additional housing needs identified in the RHNA; however, these revised standards have not been codified. The projects would make a substantial contribution towards meeting the City’s RHNA allocation, and would also provide a substantial share of affordable housing, consistent with the goals and policies of the General Plan Housing Element.

For all of these reasons, the Planned Development with will not be detrimental to present and potential surrounding uses, and will have beneficial effects which could not have been adequately achieved under the pre-existing zoning district.

F. That the proposed on-site streets and thoroughfares are adequate in size to accommodate the traffic volume generated by the proposed PD, and increased densities will not generate traffic in such amounts as to overload the street network outside the PD boundary.

The existing roadways are adequate in size to accommodate the projects’ trip generation. According to the traffic impact analysis that was prepared for the project, each of the roadway segments nearest the project sites operate at a Level of Service (LOS) C or better, both with and without the project. As a result, the addition of project traffic would not result in any of the roadway segments exceeding their available capacities. In addition, the roadways are wide enough to accommodate construction and project traffic.

In addition, the projects will provide on-site bicycle parking, and public transportation options also exist for residents of the projects. For example, the project sites are located within 1,000 feet of a Montebello Bus Lines #10 line CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the projects are well-served by other modes of public transportation including Metro Bus lines.

These alternative transportation options will reduce vehicle trips and further ensure that increased densities do not generate traffic that overloads the surrounding street network
G. That the exceptions, if any, from the development standards of the zoning code are warranted by the design and amenities, as incorporated, are in accord with adopted policies of the planning commission and the city council.

As discussed in Finding 1 above, the projects would include certain exceptions from the development standards of the Zoning Code to provide highquality architectural design and offer amenity-rich rental housing opportunities not commonly found in the City of Montebello, in addition to helping the City meet its housing needs.

Project Site A will include architectural projections at key locations along the building which create visual interest and articulation, both of which are desirable design features. At Project Site B, the building elevations will feature architectural details including brow pieces and trellis structures over the upper balconies, score lines on the walls, a decorative tile mansard roof, and vine pockets along the south and north elevations to soften the buildings appearance. The Planned Development for the projects will allow each building to integrate all parking, open space, and amenities into one cohesive building for each project site.

The projects will include new LID appurtenances; energy and water efficient fixtures; bicycle parking; designated solar areas; abundant recreational amenities including a gym, pool, and children’s play area; and electric vehicle charging stations.

The projects will assist the City in meeting or exceeding their RNHA allocation by providing more rental housing (including affordable housing) than the existing development standards would permit, consistent with the City’s CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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policies as identified in its General Plan.

H. That the existing or proposed utility services and facilities are adequate for the proposed population densities and nonresidential uses.

The two project sites are currently occupied by existing residential units. The implementation of the projects will result in an increase in water consumption and sewage and solid waste generation over the present conditions. Nevertheless, the new apartment units will be equipped with water and energy efficient fixtures and appliances. In addition, the two buildings will include a designated solar area for future solar panels. New utility lines will be provided to accommodate the increase in demand and usage for utility services. These new water and sewer lines will be large enough to accommodate the increase in volume of effluent discharged from the project area
I. That the proposed buildings and structures are situated in such a manner to minimize impacting the privacy of existing abutting residential uses.

The new buildings at Project Site A and Project Site B will be adequately set back from the adjacent residential units.

The height of the proposed building at Project Site A is 47 feet and 4 stories, as measured under the MMC, and does not include stepbacks. The topography of the site slopes to the south and east, necessitating the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The south elevation of the proposed building would be partially obscured from Whittier Boulevard due to southward sloping conditions including the closed off but non-vacated portion of Poplar Avenue and existing buildings along the street. The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site. The building setbacks and articulation will adequately relate the building to adjacent properties.

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The height of the proposed building at Project Site B is 34 feet and six inches and 3 stories (including one level of parking), as measured under the MMC, and does not include stepbacks. While the site is relatively flat and rectangular-shaped, the small size of the site necessitates the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The site abuts Poplar Avenue to the east, an alley to the west, two-story multi-family buildings to the north and while some of the adjoining properties to the south and east across the alley are improved with single-family homes, the building setbacks and articulation will serve to adequately relate the building to adjacent properties.

The projects’ building setbacks and articulation will serve to minimize impacts on the privacy of existing abutting residential uses.

SITE PLAN REVIEW
Pursuant to Section 17.74.030 of the MMC, a site plan review is required for all residential projects resulting in three or more dwelling units. The proposed construction exceeds two dwelling units and will therefore require a Site Plan Review.

Pursuant to Section 17.74.070 of the MMC, before any site plan review shall be granted, all of the following findings must be made:

A. That the proposed design for improvement complies with all requirements of the MMC.

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There are currently 41 units located on the project site, almost double the number permitted under the MMC. Utilizing the Planned Development approval, the project will exceed the permitted density and propose 140 units (including 30 units affordable to lower-income households) at a density of approximately 83 units per acre. This density is consistently found in many communities in the region. Project A’s design and layout are efficient and self-contained with on-site amenities and parking.

The MMC allows a maximum of 1 bedroom per 1,000 square feet of lot area; therefore, the site could only yield 74 bedrooms under this standard. Project A would include a total of 237 bedrooms, exceeding this limit. The project includes a mix of studio, one-, two-, and three-bedroom units and units will range in size as follows: 616 square feet for the studio units; one-bedroom units from 730 square feet to 900 square feet; two-bedroom units from 1,100 square feet to 1,500 square feet; and three-bedroom units from 1,472 to 1,780 square feet. These unit sizes are ample and spacious for the market and match or exceed square footages seen in similar projects. The building is integrated into the landscape and takes into account the sloping topography, unique shape of the lot, and constrained access to the site from Poplar Avenue. Applying the MMC standards for density and bedroom count would negatively impact the unit count and unit sizes of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number, variety, and quality of units that could be provided.

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The topography of the site slopes to the south and east, necessitating the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building.

The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site. The building setbacks and articulation will serve to adequately relate the building to adjacent properties.

The MMC requires a minimum open space of 150 square feet for private open space and 100 square feet for common open space and a total of 300 square feet per unit thus requiring 42,000 square feet in total. The nature of the topography of the site and its shape precludes the project from providing the MMC minimum required open space or meeting the minimum open space distribution between private and common open space; therefore, the project requests an approximate 25% reduction in required open space and would provide a total of 31,360 square feet of open space. The requested open space reduction is appropriate because the project would still provide ample private and public CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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on-site open space, especially compared to the existing development which includes very little on-site open space. The project features state-of-the-art amenities, including balconies for each unit, a courtyard with a pool, water feature, kids play area, barbeques, cabanas, seating areas, cabanas, and a solar panel zone designed for installation for future solar panels. Therefore, the project provides abundant and high-quality open space and recreation areas for residents and the triangular design of the building with a large central open courtyard will provide all units in the building ample light and ventilation.

Pursuant to the State of California’s Density Bonus Law (Cal. Govt. Code Section 65915), because the project would include at least 10% of the units for lowerincome households, the project is not required to provide more than one on-site parking space per studio unit and one-bedroom unit, and 1.5 on-site parking spaces per two-bedroom unit and three-bedroom units (including parking for persons with a disability and guest parking). Based on these ratios, Project A is required to provide a minimum of 182 total parking spaces. The project will exceed this requirement and provide a total of 298 parking spaces located in two subterranean levels. In addition, the project will provide 14 shortterm bicycle racks and 140 long-term bicycle racks. The proposed building provides an efficient design and layout considering the site constraints and is designed to be fully self-contained as it relates to parking including the use of tandem and compact parking spaces. The project would include the approval of a Parking Management Plan for the tandem and compact parking spaces. Public transportation options exist for residents of the project. For example, Project Site A is located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the project is well-served by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to rideshare services.

The MMC requires building setbacks of 20 feet from the front property line, 5 feet along the side yard setback and 10 feet from the rear yard property line. The MMC also requires a one-foot stepback for every three feet over 15 feet. In this case, CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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the project meets all the required building setbacks, except it does not include the one-foot stepback. The setbacks and building facades and elevations are sufficient given the building’s contemporary Mediterranean architectural style and inviting residential appearance, main entryway to the courtyard with a direct visual line of sight, and abundant landscaping along the front setback. If the stepback requirement were observed, it would require the reduction of the courtyard area and would reduce the overall number of units.

The MMC requires 100 cubic feet of storage per residential unit. The building’s subterranean garage is the most efficient and effective location for these storage units given the site topographical and access constraints. The project offers storage units for each unit in the building conveniently located at both garage levels. The project includes storage units that are generally stacked and include 136.9 cubic feet per unit. In addition, each residential unit has ample interior closet space offsetting the need for such extensive storage requirements.

The MMC requires trash areas for multiple-family dwellings to provide the equivalent of not less than seventy-five gallon capacity container per dwelling unit.

Where commercial trash containers (three cubic yards or more) are used, one container is required for every seven dwelling units and trash areas are required to be located within one hundred fifty feet of the units which they serve. Under the MMC, the project would be required to provide 20 commercial trash containers, and the project includes trash rooms with trash bin areas located at three locations in the upper parking level with a total of 24 trash bins. These bins are served by trash chutes for convenient and easy access by the residents. The project will have frequent trash pickup throughout the week to ensure that the project’s trash demands are adequately served. With 24 commercial trash bins and frequent trash pickup service, the project will include adequate trash facilities.

The project will be fully code compliant with all applicable fire/life/safety and California Title 24 building energy efficiency standards. In addition, the project will be responsible for paying all applicable fees and will upgrade all utilities and infrastructure to serve the projects thereby not negatively impacting the CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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surrounding area or the City as a whole. The new construction will positively enhance property values and the property tax base of the City. With approval of the Planned Development, Project A will be in compliance with the MMC.

Project B
Project Site B comprises two parcels with approximately 12,500 square feet that is rectangular-shaped. While the shape of the lot is not irregular, the density and other regulatory standards set forth in the R-3 Multiple Family Residential Zone would allow for the construction of a maximum of four units and as such is not conducive to the encouragement of reinvestment in housing stock. In this case, there will be two separate parcels held together as one for a uniform project.

This density is consistently found in many communities in the region. Project B’s design and layout are efficient and self-contained with on-site amenities and parking. The MMC allows a maximum of 1 bedroom per 1,000 square feet of lot area; therefore, the site could only yield 12 bedrooms under this standard. Project A would include a total of 30 bedrooms, exceeding this limit. The project includes a mix of one-, two-, and three-bedroom units and unit will range in size as follows:
825 square feet for the one-bedroom units; 891 square feet to 1,083 feet for the two-bedroom units; and 1,179 square feet for the three-bedroom units. These unit sizes are ample and spacious for the market and match or exceed square footages seen in similar projects. The building is integrated into the landscape and takes into account the small size and limited access to the site from Poplar Avenue and the alley. Applying the MMC standards for density and bedroom count would negatively impact the unit count and unit sizes of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number, variety, and quality of units that could be provided.

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The maximum height allowed in the R-3 zone is 25 feet. The Planned Development is proposing to exceed the permitted height of 25 feet. The MMC height regulation is overly restrictive and is lower than the height limit of 35 feet set forth in Single Family Residential (R-1) zones. The height of the proposed building is 34 feet and 6 inches and 3 stories (including one parking level), as measured under the MMC, and does not include stepbacks. All elevations of the building feature architectural details including brow pieces and trellis structures over the upper balconies, score lines on the walls, a decorative tile mansard roof, and vine pockets along the south and north elevations to soften the buildings appearance. The building setbacks and articulation will serve to adequately relate the building to adjacent properties.

The MMC requires a minimum open space of 150 square feet for private open space and 100 square feet for common open space and a total of 300 square feet per unit thus requiring 4,800 square feet in total. The small size of the site precludes the project from providing the MMC minimum required open space or meeting the minimum open space distribution between private and common open space; therefore, the project requests an approximate 25% reduction in required open space and would provide a total of 3,650 square feet of open space. The requested open space reduction is appropriate because the project would still provide ample private and public on-site open space. The project features state-of-the art, high-quality amenities including balconies for each unit CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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and a rooftop deck with patio furniture.

Pursuant to the State of California’s Density Bonus Law (Cal. Govt. Code Section 65915), because the project would include at least 10% of the units for lowerincome households, the project is not required to provide more than one on-site parking space per studio unit and one-bedroom unit, and 1.5 on-site parking spaces per two-bedroom unit and three-bedroom units (including parking for persons with a disability and guest parking). Based on these ratios, Project B is required to provide a minimum of 22 total parking spaces. The project will exceed this requirement and provide a total of 30 parking spaces. The project will provide a combination of side-by-side and tandem parking spaces in a controlled tuck under garage. In addition, the project will provide 16 bicycle parking spaces. The proposed building provides an efficient design and layout considering the site constraints and is designed to be fully self-contained as it relates to parking including the use of tandem and compact parking spaces. The project would include the approval of a Parking Management Plan for the tandem and compact parking spaces. Public transportation options exist for residents of the project. For example, Project Site B is located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the project is well-served by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to ride-share services.

The MMC requires building setbacks of 20 feet from the front property line, 5 feet along the side yard setback and 10 feet from the rear yard property line. The MMC also requires a one-foot stepback for every three feet over 15 feet. In this case, the project exceeds the side yard setbacks. The front property line (east elevation facing Poplar Avenue) is proposed at 15 feet and the building does not include the one-foot stepback. The 15-foot setback is sufficient given the building’s contemporary Mediterranean architectural style and inviting residential appearance, main entryway, and abundant landscaping along the front setback. If the stepback requirement were observed, it would require the reduction of the rooftop deck and would reduce the overall number of CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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units. The rear yard setback is proposed at 5 feet where 10 feet is required; however, the rear yard faces the alley so the effective setback from the properties across the alley is 15 feet.

The MMC requires trash areas for multiple-family dwellings to provide the equivalent of not less than seventy-five gallon capacity container per dwelling unit.

B. That the proposed design for improvement is consistent with the general plan.

The projects and proposed design for improvement would be consistent with the CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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City’s General Plan.

Other stated purposes of the 2016-2021 Housing Element are “to minimize governmental constraints, market constraints, and environmental constraints that may impede the development of new housing,” and “to address future housing needs by expanding housing opportunities in the City.” The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. The projects would utilize the MMC’s Planned Development provisions to achieve additional density and certain CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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deviations from the R-3 development standards to expand housing opportunities in the City and meet the goals of the City’s Housing Element. The projects would make a substantial contribution towards meeting the City’s RHNA allocation, including its affordable housing allocation, consistent with the goals and policies of the General Plan Housing Element.

The projects would also support the following policies of the 2016-2021 Housing Element related to affordable housing:

Policy 4.1. The City will continue to encourage the development of affordable housing throughout the community.

Policy 4.5. The City will continue to encourage development of new housing in proximity to public services, transportation routes, and other community facilities.

Policy 4.6. The City will encourage the establishment of a variety of affordability levels in multiple-projects.

C. That the proposed design for improvement will not have any significant adverse impact on the surrounding properties or on the general public welfare.

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PARKING MANAGEMENT PLAN
The proposed project is requesting approval of a Parking Management Plan to allow tandem parking and compact parking as part of the multi-family projects.

Pursuant to Section 17.52.310 (B) of the MMC, a parking management plan may be approved or conditionally approved by the planning commission if the following findings can be made:

A. The proposed use is consistent with the general plan, any applicable specific plans, and the general intent of the zoning code.

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The projects, including the proposed Parking Management Plan to allow selfmanaged tandem parking, would be consistent with the general intent of the zoning regulations and with the City’s General Plan. The projects do not propose any subdivision and there is no applicable specific plan.

Per Section 17.02.020 of the MMC, the purpose of the zoning code is “to permit the most compatible use of land within the city, consistent with the needs of residential, commercial and industrial developments, and the promotion of the public health, safety, welfare and general prosperity of the city and its residents.” Both projects are of the high-quality design and have a layout with a scale and massing harmonious with the area, and represent a significant reinvestment in the City. They would be compatible with the existing residential uses in the vicinity of the project sites, and would contribute to the City’s residential needs.

A stated purpose of the 2016-2021 Housing Element is “to review development standards to improve site design, architectural quality, and livability of multi-family units”. The 2016-2021 Housing Element contemplated updating the Zoning Standards for the R-3 zone to accommodate the additional housing needs identified in the Regional Housing Needs Assessment (RHNA); however, these revised standards have not been codified. The project design for CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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both sites’ layout is efficient and self-contained with on-site amenities and parking.

The projects utilize efficient design concepts and are integrated into the neighborhood and are therefore compatible with the surrounding uses. In addition, the new residents will support and enhance demand for commercial services from the nearby business districts in the City.

Other stated purposes of the 2016-2021 Housing Element are “to minimize governmental constraints, market constraints, and environmental constraints that may impede the development of new housing,” and “to address future housing needs by expanding housing opportunities in the City.” The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. The projects would utilize the MMC’s Planned Development provisions to achieve additional density and certain deviations from the R-3 development standards to expand housing opportunities in the City and meet the goals of the City’s Housing Element. The projects would make a substantial contribution towards meeting the City’s RHNA allocation, including its affordable housing allocation, consistent with the goals and policies of the General Plan Housing Element.

The projects would also support the following policies of the 2016-2021 Housing Element related to affordable housing:

Policy 4.1. The City will continue to encourage the development of affordable housing throughout the community.

Policy 4.5. The City will continue to encourage development of new housing in proximity to public services, transportation routes, and other community facilities.

Policy 4.6. The City will encourage the establishment of a variety of affordability levels in multiple-projects.

Consistent with Policy 4.1, the projects would include a total of 32 units affordable to lower-income households (30 in Project A and 2 in Project B). Consistent with Policy 4.5, these units would be constructed in proximity to nearby public transportation routes and other community facilities. Consistent with Policy 4.6, CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 13, 2022
Development Agreement No. 3973 with Magna & Magna, Inc., Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review to Allow the Construction of 140 Residential Dwelling Units at Project Site A (116, 128, and 136 N. Poplar Ave) and 16 Residential Dwelling Units at Project Site B (129-133 N. Poplar Ave) for a total of 156 Residential Dwelling Units (Case Nos. PC-2021-0008-PD-PMPSPR/DA-04-21/ENV-04-22-SE)

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the projects would be mixed-income projects with a variety of affordability levels, both market-rate and affordable to lower-income households.

B. The surrounding properties will not be adversely affected by the approval of the proposed parking management plan.

The proposed building represents an efficient design and layout and is designed to be fully self-contained as it relates to parking, including through the use of tandem and compact parking spaces.

Approval of the proposed Parking Management Plan would not adversely affect surrounding properties. All vehicular parking for both projects would be located on-site and would be enclosed. All tandem and compact parking spaces would be self-managed by individual tenants.

C. The proposed parking management plan is appropriate for the proposed land use.

Self-managed tandem parking and use of compact parking spaces are typical and appropriate for multi-family residential developments with enclosed on-site parking. The projects are designed to make the most efficient use of each site.

Due to site constraints and changes in topography, the buildings have been designed to be fully self-contained, including through the use of tandem and compact parking. Drive aisles have been designed to provide ample circulation and access. Public transportation options exist for residents of the project. The project sites are located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the projects are wellserved by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to ride-share services.

D. That adequate off-street parking for customers, clients, visitors, and employees will be available for the proposed land use.

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The projects are both multi-family residential buildings that will provide adequate parking for residents and guests. The buildings have been designed to be fully self-contained, including through the use of tandem and compact parking, to increase the amount of parking than could otherwise be provided without eliminating units. The projects include adequate short-term and long-term bicycle parking to supplement the vehicular parking. Therefore, adequate off-street parking will be available for the proposed land use.

E. The parking management plan includes provisions for periodic monitoring by the city to identify any problems associated with implementation of the plan and to adjust the plan as necessary. Any costs to the city incurred as a result of such monitoring shall be paid by the property owner upon request of the city.

As stated above, the proposed Parking Management Plan includes provisions for periodic monitoring by the city, and costs will be reimbursed by the property owner upon request of the city.

DEVELOPMENT AGREEMENT (DA-04-21)
The Applicant also requests the approval of a statutory development agreement pursuant to Government Code Sections 65864 et seq. (“Development Agreement Statute”), which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property for the purpose of strengthening the public planning process, encourage private participation in comprehensive planning and reduce the economic risks of development. The Development Agreement Statute allows a developer to acquire “vested rights” to complete a project in exchange for providing certain public benefits to the City.

As discussed in detail above, the approval of the proposed project and DA-04-21 is consistent with the City’s General Plan and the Montebello Municipal Code based on the facts and findings set forth in the Site Plan Review discussion above, which are incorporated herein by this reference.

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ENVIRONMENTAL
Case Nos. PC-2021-0008-PD-PMP-SPR and DA 04-21 are considered a “project,” per the California Environmental Quality Act (CEQA) definition of a “project.” The proposed Project is statutorily exempt under CEQA per the California Public Resources Code (PRC) Section 21155.1 under the Sustainable Communities Project Exemption (SCPE) if the City Council finds, after conducting a public hearing, that the transit priority project meets all of the requirements of subdivisions (a) and (b) and one of the requirements of subdivision (c). The Project is a transit priority project and meets the requirements of PRC Section 21155 subdivisions (a) and (b) and Section 21155.1 subdivisions (a) and (b) and one of the requirements of subdivision (c). Refer to “Attachment E” for additional findings and details on the Sustainable Communities Project Exemption, which are incorporated herein by this reference.

REPORTS RECEIVED
The application for PC-2021-0008-PD-PMP-SPR and DA 04-21 were forwarded to the Fire Department, Police Department, Building Division, and Public Works Department for review, comments, and conditions. Comments were received from all divisions/departments and have been incorporated into the Conditions of the proposed Resolution (“Attachment A”).

SUMMARY
Based on the information provided by the Applicant, staff supports the proposed project which will allow the development of new housing, including affordable housing units, within the City. Staff further believes that the proposed project is attractive and will provide an enhanced sense of community and bring much needed housing to an area with potential to complement the business community in the City’s downtown corridor, as well as promote economic growth, and address the City’s affordable housing needs.

PUBLIC NOTIFICATION
Pursuant to MMC Section 17.78 (Public Hearings, Notices, and Appeals), the following noticing was performed:
• On March 31, 2022, the Public Hearing Notice was published in the Daily Journal (Whittier Daily News).

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• On March 31, 2022, the Public Hearing Notice was mailed to property owners within the 300-foot radius from the exterior boundaries of the subject property.

ATTACHMENTS:

A. Attachment A - Resolution approving Case No. PC-2021-0008-PD-PMP-SPR B. Attachment B - Ordinance approving a Development Agreement between Magna & Magna, LLC and the City of Montebello (DA 04-21)
C. Attachment C – Development Agreement between Magna & Magna, LLC and the City of Montebello (DA 04-21)
D. Attachment D - Site Plan, Drawings, and Elevations
E. Attachment E - Sustainable Communities Project Exemption (ENV-04-22-SE) F. Attachment F - Planning Commission Resolution No. 05-22 G. Attachment G - Planning Commission Public Comments

ATTACHMENT A
RESOLUTION NO. 22-18

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO,

CALIFORNIA APPROVING A PLANNED DEVELOPMENT DISTRICT, A
PARKING MANAGEMENT PLAN, A SITE PLAN REVIEW (CASE NO. PC-2021- 008-PD-PMP-SPR) ALLOWING THE CONSTRUCTION OF 140 DWELLING UNITS AT 116, 128, AND 136 N. POPLAR AVE (“PROJECT A”) AND 16 DWELLING UNITS AT 129 AND 133 N. POPLAR AVE (“PROJECT B”) AND

DETERMINATION THAT THE PROJECT IS STATUTORILY EXEMPT FROM

THE CALIFORNIA ENVIROMENTAL QUALITY ACT PURSUANT TO THE

SUSTAINABLE COMMUNITIES PROJECT EXEMPTION UNDER PUBLIC
RESOURCES CODE SECTION 21155.1 (ENV NO. 04-22-SE)
WHEREAS, the City of Montebello (“City”) received an application from Magna & Magna, Inc. (“Applicant”) for a Planned Development District (“PD”), Site Plan Review (“SPR”), Parking Management Plan (“PMP”) (Case No. PC-2021-0008-PD-PMP-SPR), and a Development Agreement (DA-04-21) to allow the construction of 156 apartment units combined with parking and related amenities (“Project”) consisting of two (2) locations: 116 , 128 ,and 136 N. Poplar Avenue (“Project A”) and 129, and 133 N. Poplar Avenue (“Project B”); and WHEREAS, Project A consists of the construction of a four (4)-story residential building approximately 73,807 square feet with a hundred-forty (140) dwelling units, including thirty (30) affordable housing units, together with parking and related amenities and Project B, consists of the construction of a three (3)-story residential building approximately 12,500 square feet with sixteen (16) dwelling units, including two (2) affordable housing units, together with parking and related amenities; and
WHEREAS, pursuant to Section 17.38.010 of the Montebello Municipal Code (“MMC”), a PD is a master planning mechanism for the orderly development of larger parcels of land in residential, commercial and manufacturing zones where the existing underlying development standards do not functionally allow for reasonable development; and WHEREAS, Section 17.38.070(F) of the MMC authorizes the Planning Commission and City Council to allow exceptions to standards or baseline development requirements in Planned Development Districts; and
WHEREAS, pursuant to Section 17.74.030 of the MMC, a SPR is required for all residential projects resulting in three or more dwelling units and for all commercial and industrial projects involving the construction of five thousand square feet or more of building area; and WHEREAS, pursuant to Section 17.52.280 of the MMC, tandem, stacked, valet and attended off-street parking are subject to approval of a PMP by the Planning Commission; and WHEREAS, the California Legislature adopted the “Development Agreement Statute,” section 65864 of the Government Code, to strengthen the public planning process, encourage Resolution No. 22-18

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private participation in comprehensive planning, and reduce the economic risk of development; and
WHEREAS, the City of Montebello (the “City”) is authorized pursuant to the Development Agreement Statute to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both the City and the owner of the development process; and
WHEREAS, the Development Agreement Statute requires development agreements to be approved by an ordinance adopted by the City Council of the City of Montebello (“City Council”), and following public hearings conducted by the Planning Commission and the City Council; and
WHEREAS, the Applicant and the City have negotiated a statutory development agreement pursuant to the Development Agreement Statute under Government Code Sections 65864 et seq.; and
WHEREAS, the Development Agreement (“DA No. 04-21”) and Ordinance approving the Project are considered a “project” per the California Environmental Quality Act (“CEQA”); and WHEREAS, the Application is a discretionary action of the City and a “project” within the meaning of the California Environmental Quality Act (“CEQA”), and the City of Montebello is the lead agency for the proposed Project; and
WHEREAS, consistent with the requirements of CEQA, the project is exempt under CEQA pursuant to California Public Resources Code (“PRC”) Section 21155.1 under the Sustainable Communities Project Exemption (“SCPE”) (ENV No. 04-22-SE) if the City Council finds, after conducting a public hearing, that the transit priority project meets all of the requirements of subdivisions (a) and (b) and one of the requirements of subdivision (c); WHEREAS, the Project is a transit priority project and meets the requirements of PRC Section 21155 subdivisions (a) and (b) and Section 21155.1 subdivisions (a) and (b) and one of the requirements of subdivision (c). Refer to “Attachment A” for additional details and findings in connection with the SCPE; and
WHEREAS, a duly noticed public hearing has been held, and the Planning Commission has received and considered the Application, staff presentations, recommendations, public testimony, and all other substantial evidence presented at the public hearing and included in the record for this matter; and
WHEREAS, on April 13, 2022 the City Council held a duly noticed public hearing on the Application and DA-04-21 and all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the Planning Commission of the City of Montebello hereby finds, declares, and resolves as follows:

Resolution No. 22-18

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SECTION 1. RECITALS. The foregoing recitals are true and correct and are hereby incorporated as substantive findings of this Resolution.

SECTION 2. FINDINGS. Based on the staff reports, presentations, public testimony, comments, Planning Commission recommendations, Montebello Municipal Code (“MMC”), City’s General Plan, and other evidence presented at the duly noticed public hearing on this matter, the City Council hereby finds the following:

A. Pursuant to Section 17.38.110 of the Montebello Municipal Code, the City Council finds that the Plan Development District:

1. Is in compliance with the provisions of MMC Chapter 17.38.

The proposed Planned Development is in compliance with Chapter 17.38 of the Zoning Code. Consistent with MMC Section 17.38.010, the Planned Development would allow for flexibility in land use controls, as the existing underlying development standards do not functionally allow for reasonable development of the project sites. The projects proposed for Project Site A and Project Site B are in substantial compliance with the MMC; however, inefficiencies in the MMC do not recognize current residential building and market trends or site specific conditions. Therefore, relief is sought for certain development standards contained in the MMC through a Planned Development approval.

Project A
Project Site A is an approximately 73,807 square foot trapezoidal irregularly-shaped site. The topography of the site trends downwards Resolution No. 22-18

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towards the south and east and presents unique challenges to the development of a MMC compliant, modern, and architecturally uniform structure. This is reflected in the irregular and inefficient location of the current buildings including carports on the site. The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. In this case, there will be three (3)separate parcels held together as one for a single building site. The MMC allows one unit per 3,000 square feet of lot area; therefore, the site could only yield 24 units under the current density standards. There are currently 41 units located on the project site, almost double the number permitted under the MMC. As part of the required Planned Development approval, the project includes 140 units (including 30 units affordable to lower-income households) at a density of approximately 83 units per acre. This density is consistently found in many communities in the region. Project A’s design and layout are efficient and self-contained with on-site amenities and parking.

The maximum height allowed in the R-3 zone is 25 feet. The Planned Development is proposing to exceed the permitted height of 25 feet. The MMC Resolution No. 22-18

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height regulation is overly restrictive and is lower than the height limits set forth in Single- Family Residential (R-1) zones. The height of the proposed building is 47 feet and 4 stories, as measured under the MMC, and does not include stepbacks. The topography of the site slopes to the south and east, necessitating the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The south elevation of the proposed building would be partially obscured from Whittier Boulevard due to southward sloping conditions including the closed off, but non-vacated portion of Poplar Avenue and existing buildings along the street. The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site.

The building setbacks and articulation will serve to adequately relate the building to adjacent properties.

The MMC requires a minimum open space of 150 square feet per unit for private open space and 100 square feet per unit for common open space with a total of 300 square feet open space per unit thus requiring 42,000 square feet in total. The nature of the topography of the site and its shape precludes the project from providing the minimum open space distribution between private and common open space; therefore, the project requests an approximate 25% reduction in required open space and would provide a total of 31,360 square feet of open space. The requested open space reduction is appropriate because the project would still provide ample private and public on-site open space, especially compared to the existing development which includes very little on-site open space. The project features state-of-the-art amenities, including balconies for each unit, a courtyard with a pool, water feature, kids play area, barbeques, cabanas, seating areas, and a solar panel zone designed for the installation of future solar panels. Therefore, the project provides abundant open space and high-quality open space and recreation areas for residents, and the triangular design of the building with a large central open courtyard will provide all units in the building ample light and ventilation.

However, based on the ratios provided under the State of California’s Density Bonus Law, Project A is required to provide a minimum of 182 total parking spaces. The project will exceed this requirement and provide a Resolution No. 22-18

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total of 298 parking spaces located in two subterranean levels. In addition, the project will provide 14 short-term bicycle racks and 140 long-term bicycle racks. The proposed building provides an efficient design and layout considering the site constraints and is designed to be fully self-contained as it relates to parking including the use of tandem and compact parking spaces.

The project would include the approval of a Parking Management Plan for the tandem and compact parking spaces. Public transportation options exist for residents of the project. For example, Project Site A is located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the project is well-served by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to ride-share services.

The MMC requires building setbacks of 20 feet from the front property line, 5 feet along the side yard setback and 10 feet from the rear yard property line.

The MMC also requires a one-foot stepback for every three feet over 15 feet.

In this case, the project meets all the required building setbacks, except it does not include the one-foot stepback. The setbacks are building facades and elevations is sufficient given the building’s contemporary Mediterranean architectural style and inviting residential appearance, main entryway to the courtyard with a direct visual line of sight, and abundant landscaping along the front setback. If the stepback requirements were observed, it would require the reduction of the courtyard area and would reduce the overall number of units.

The project offers storage units for each unit in the building conveniently located at both garage levels. The project includes storage units that are generally stacked and include 136.9 cubic feet per unit. In addition, each residential unit has ample interior closet space offsetting the need for such extensive storage requirements.

The MMC requires trash areas for multiple-family dwellings to provide the equivalent of not less than seventy-five (75) gallon capacity container per dwelling unit. Where commercial trash containers (three cubic yards or more) are used, one container is required for every seven (7) dwelling units and trash areas are required to be located within one hundred fifty feet of the units which they serve. Under the MMC, the project would be required to provide twenty (20) commercial trash containers, and the project includes trash rooms with trash bin areas located at three locations in the upper parking level with a total of twenty-four (24) trash bins. These bins are served by trash chutes for convenient and easy access by the residents. The project will have frequent trash pickup service throughout the week to ensure that the project’s trash Resolution No. 22-18

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demands are adequately served. With twenty-four (24) commercial trash bins and frequent trash pickup service, the project will include adequate trash facilities.

Project B
Project Site B comprises two parcels with approximately 12,500 square feet that is rectangularly-shaped. While the shape of the lot is not irregular, the density and other regulatory standards set forth in the R-3 Multiple Family Residential Zone would allow for the construction of a maximum of four (4) units and as such is not conducive to the encouragement of reinvestment in housing stock. In this case, there will be two (2) separate parcels held together as one for a uniform project. The MMC allows one (1) unit per 3,000 square feet of lot area; therefore, the site could only yield four (4) units under the density standards and allows bedroom per 1,000 square feet of lot area. The site is currently improved with two (2) single-family residences. Utilizing the Planned Development approval, the project will exceed the permitted density and propose sixteen (16) units (including 2 units affordable to lower-income households) at a density of approximately fifty-six (56) units per acre. This density is consistently found in many communities in the region. Project B’s design and layout are efficient and self-contained with on-site amenities and parking.

The MMC allows a maximum of one (1) bedroom per 1,000 square feet of lot area; therefore, the site could only yield twelve (12) bedrooms under this standard. Project A would include a total of thirty (30) bedrooms, exceeding this limit. The project includes a mix of one-, two-, and three-bedroom units and unit will range in size as follows: 825 square feet for the one-bedroom units; 891 square feet to 1,083 feet for the two-bedroom units; and 1,179 square feet for the three-bedroom units. These unit sizes are ample and spacious for the market and match or exceed square footages seen in similar projects. The building is integrated into the landscape and small size and limited access to the site from Poplar Avenue and the alley. Applying the MMC standards for density and bedroom count would negatively impact the unit count and unit sizes of the project and discourage flexibility and design Resolution No. 22-18

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innovation of the project floor plans, ultimately reducing the number, variety, and quality of units that could be provided.

Per the MMC, the maximum lot coverage is 60%. Lot coverage standards exist to regulate the number and size of structures on a lot to allow for open space and adequate light and ventilation. Typically, lot coverage represents the percentage of building area-generally measured by the building footprint or roof lines as a proportion to the land area of the site. The building is designed as a single, integrated structure and meets the MMC side and rear yard setbacks. The project has a lot coverage of 74% which is necessary to accommodate the proposed density. The building is inviting and spacious and strict adherence to the lot coverage standard based on the site’s small size would result in unique challenges that would compromise the integrity of the building’s design and reduce the number of units that could be provided.

The maximum height allowed in the R-3 zone is 25 feet. The Planned Development is proposing to exceed the permitted height of 25 feet. The MMC height regulation is overly restrictive and is lower than the height limits set forth in Single Family Residential (R-1) zones. The height of the proposed building is 34 feet and 6 inches and three (3) stories (including one parking level), as measured under the MMC, and does not include stepbacks. All elevations of the building feature architectural details including brow pieces and trellis structures over the upper balconies, score lines on the walls, a decorative tile mansard roof, and vine pockets along the south and north elevations to soften the buildings appearance. The building setbacks and articulation will serve to adequately relate the building to adjacent properties.

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of the MMC, the 16-unit project will require 37 off-street parking spaces.

However, based on the ratios provided under the State of California’s Density Bonus Law, Project B is required to provide a minimum of 22 total parking spaces. The project will exceed this requirement and provide a total of 30 parking spaces. The project will provide a combination of side-by-side and tandem parking spaces in a controlled tuck under garage. In addition, the project will provide 16 bicycle parking spaces. The proposed building provides an efficient design and layout considering the site constraints and is designed to be fully self-contained as it relates to parking including the use of tandem and compact parking spaces. The project would include the approval of a Parking Management Plan for the tandem and compact parking spaces. Public transportation options exist for residents of the project. For example, Project Site B is located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the project is well-served by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to ride-share services.

The MMC requires building setbacks of 20 feet from the front property line, five (5) feet along the side yard setback and 10 feet from the rear yard property line. The MMC also requires a one-foot stepback for every three (3) feet over 15 feet. In this case, the project exceeds the side yard setbacks. The front property line (east elevation facing Poplar Avenue) is proposed at fifteen (15) feet and the building does not include the one-foot stepback. The 15-foot setback is sufficient given the building’s contemporary Mediterranean architectural style and inviting residential appearance, main entryway, and abundant landscaping along the front setback. If the stepback requirement were observed, it would require the reduction of the rooftop deck and would reduce the overall number of units. The rear yard setback is proposed at five (5) feet where ten (10) feet is required; however, the rear yard faces the alley so the effective setback from the properties across the alley is fifteen (15) feet.

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areas are required to be located within one hundred fifty feet of the units which they serve. Under the MMC, the project would be required to provide two (2) commercial trash bins, and the project includes a dedicated trash and recycling area located at the ground level. The project will have frequent trash pickup throughout the week to ensure that the project’s trash demands are adequately served. With a dedicated trash and recycling area and frequent trash pickup service, the project will include adequate trash facilities.

With approval of the Planned Development, the project on Project Site B will be in compliance with the MMC.

2. Is consistent with the subdivision regulations, with the general intent of the zoning regulations, with the general plan, and with any applicable specific plan.

Per Section 17.02.020 of the MMC, the purpose of the zoning code is “to permit the most compatible use of land within the city, consistent with the needs of residential, commercial and industrial developments, and the promotion of the public health, safety, welfare and general prosperity of the city and its residents.” Both projects are of the high-quality design and have a layout with a scale and massing harmonious with the area, and represent a significant reinvestment in the City. They would be compatible with the existing residential uses in the vicinity of the project sites, and would contribute to the City’s residential needs.

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for excellence in design, site layout, and more efficient vehicular and pedestrian access. Both Project A and Project B are of high-quality architectural design and offer amenity-rich rental housing opportunities not commonly found in the City of Montebello. This would be consistent with the General Plan’s policy of provide varying housing types and opportunities for a variety of living needs in the City.

Other stated purposes of the 2016-2021 Housing Element are “to minimize governmental constraints, market constraints, and environmental constraints that may impede the development of new housing,” and “to address future housing needs by expanding housing opportunities in the City.” The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. The projects would utilize the MMC’s Planned Development provisions to achieve additional additional density and certain deviations from the R-3 development standards to expand housing opportunities in the City and meet the goals of the City’s Housing Element. The projects would make a substantial contribution towards meeting the City’s RHNA allocation, including its affordable housing allocation, consistent with the goals and policies of the General Plan Housing Element.

The projects would also support the following policies of the 2016-2021 Housing Element related to affordable housing:

Policy 4.1. The City will continue to encourage the development of affordable housing throughout the community.

Policy 4.5. The City will continue to encourage development of new housing in proximity to public services, transportation routes, and other community facilities.

Policy 4.6. The City will encourage the establishment of a variety of affordability levels in multiple-projects.

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Consistent with Policy 4.1, the projects would include a total of 32 units affordable to lower-income households (30 in Project A and 2 in Project B).

Consistent with Policy 4.5, these units would be constructed in proximity to nearby public transportation routes and other community facilities.

Consistent with Policy 4.6, the projects would be mixed-income projects with a variety of affordability levels, both market-rate and affordable to lowerincome households.

3. Is compatible with present and future development of the property within the immediate vicinity.

Project A
The maximum height allowed in the R-3 zone is 25 feet. The Planned Development is proposing to exceed the permitted height of 25 feet. The MMC height regulation is overly restrictive and is lower than the height limits set forth in Single Family Residential (R-1) zones. The height of the proposed building is 47 feet and 4 stories, as measured under the MMC, and does not include stepbacks. The topography of the site slopes to the south and east, necessitating the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The south elevation of the proposed building would be partially obscured from Whittier Boulevard due to southward sloping conditions including the closed off but non-vacated portion of Poplar Avenue and existing buildings along the street. The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site.

The building setbacks and articulation will serve to adequately relate the building to adjacent properties. Therefore, the project physically relates to the adjacent and surrounding properties in the vicinity.

Project B
The maximum height allowed in the R-3 zone is 25 feet. The Planned Development is proposing to exceed the permitted height of 25 feet. The MMC height regulation is overly restrictive and is lower than the height limits set forth in Single Family Residential (R-1) zones. The height of the proposed building is 34 feet and six inches and 3 stories (including one level of parking), as measured under the MMC, and does not include stepbacks. While the site is relatively flat and rectangular-shaped, the small size of the site necessitates the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The site abuts Poplar Avenue to the east, an alley to the west, two-story multi-family buildings to the north and while some of the adjoining properties to the south and east across the alley are improved with single-family homes, the building setbacks and articulation will Resolution No. 22-18

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serve to adequately relate the building to adjacent properties. Therefore, the project physically relates to the adjacent and surrounding properties in the vicinity.

4. Is consistent with the general peace, health, safety and general welfare.

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Construction will occur within the permitted hours. Furthermore, the projects will comply with all Low Impact Development (LID) and building code requirements

5. That the permitted uses and development standards adopted as part of the Amended Precise Plan of Development will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not have been adequately achieved under the pre-existing zoning district.

Project Site A is an approximately 73,807 square foot trapezoidal irregularly-shaped site. The topography of the site trends downwards towards the south and east and presents unique challenges to the development of a MMC compliant, modern, and architecturally uniform structure. This is reflected in the irregular and inefficient location of the current buildings including carports on the site. The MMC allows one unit per 3,000 square feet of lot area; therefore, the site could only yield 24 units under the density standards. There are currently 41 units located on the project site, almost double the number permitted under the MMC. Utilizing the Planned Development approval, the project will exceed the permitted density and propose 140 units (including 30 units affordable to lower-income households) at a density of approximately 83 units per acre This density is consistently found in many communities in the region. Project A’s design and layout are efficient and self-contained with on-site amenities and parking. The building is integrated into the landscape and takes into account the sloping topography, unique shape of the lot, and constrained access to the site from Poplar Avenue. Applying the MMC standards for density would negatively impact the unit count of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number of units that could be provided.

Project Site B comprises two parcels with approximately 12,500 square feet that is rectangularly-shaped. While the shape of the lot is not irregular, the density and other regulatory standards set forth in the R-3 Multiple Family Resolution No. 22-18

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Residential Zone would allow for the construction of a maximum of four units and as such is not conducive to the encouragement of reinvestment in housing stock. In this case, there will be two separate parcels held together as one for a uniform project. The MMC allows one unit per 3,000 square feet of lot area; therefore, the site could only yield four units under the density standards and allows bedroom per 1,000 square feet of lot area. The site is currently improved with two single-family residences. Utilizing the Planned Development approval, the project will exceed the permitted density and propose 16 units (including 2 units affordable to lower-income households) at a density of approximately 56 units per acre. This density is consistently found in many communities in the region. Project B’s design and layout are efficient and self-contained with on-site amenities and parking. The building is integrated into the landscape and takes into account the small size and limited access to the site from Poplar Avenue and the alley. Applying the MMC standards for density would negatively impact the unit count of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number of units that could be provided.

The projects will be constructed in accordance with all pertinent building code requirements. Construction will occur during the permitted hours of operation. In addition, the projects will include energy and water efficient fixtures, LID appurtenances, bicycle racks, and designated areas for solar panels. The trips generated by the proposed project will not exceed the capacity of the adjacent streets, nor will the projects’ trips result in a deterioration of any intersection levels of service. The new development will increase property values in the area and will assist the City in achieving its RHNA goals by providing necessary rental housing (including affordable housing). The implementation of the Planned Development is essential, because the current zoning conditions do not permit an increase in density.

The existing conditions presently limit the City’s ability to meet its RNHA targets. In addition, the 2016-2021 Housing Element contemplated updating the Zoning Standards for the R-3 zone to accommodate the additional housing needs identified in the RHNA; however, these revised standards have not been codified. The projects would make a substantial contribution towards meeting the City’s RHNA allocation, and would also provide a substantial share of affordable housing, consistent with the goals and policies of the General Plan Housing Element.

For all of these reasons, the Planned Development will not be detrimental to present and potential surrounding uses, and will have beneficial effects which could not have been adequately achieved under the pre-existing zoning district.

6. That the proposed on-site streets and thoroughfares are adequate in size to Resolution No. 22-18

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accommodate the traffic volume generated by the proposed PD, and increased densities will not generate traffic in such amounts as to overload the street network outside the PD boundary.

In addition, the projects will provide on-site bicycle parking, and public transportation options also exist for residents of the projects. For example, the project sites are located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the projects are well-served by other modes of public transportation including Metro Bus lines. These alternative transportation options will reduce vehicle trips and further ensure that increased densities do not generate traffic that overloads the surrounding street network.

7. That the exceptions, if any, from the development standards of the zoning code are warranted by the design and amenities, as incorporated, are in accord with adopted policies of the planning commission and the city council.

As discussed in Finding 1 above, the projects would include certain exceptions from the development standards of the Zoning Code to provide high-quality architectural design and offer amenity-rich rental housing opportunities not commonly found in the City of Montebello, in addition to helping the City meet its housing needs.

At Project Site A, architectural projections at key locations along the building which create visual interest and articulation, both of which are desirable design features. At Project Site B, the building elevations will feature architectural details including brow pieces and trellis structures over the upper balconies, score lines on the walls, a decorative tile mansard roof, and vine pockets along the south and north elevations to soften the buildings appearance. The Planned Development for the projects will allow each building to integrate all parking, open space, and amenities into one cohesive building for each project site.

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electric vehicle charging stations.

8. That the existing or proposed utility services and facilities are adequate for the proposed population densities and nonresidential uses.

Nevertheless, the new apartment units will be equipped with water and energy efficient fixtures and appliances. In addition, the two buildings will include a designated solar area for future solar panels. New utility lines will be provided to accommodate the increase in demand and usage for utility services. These new water and sewer lines will be large enough to accommodate the increase in volume of effluent discharged from the project area.

9. That the proposed buildings and structures are situated in such a manner to minimize impacting the privacy of existing abutting residential uses.

The new buildings at Project Site A and Project Site B will be adequately set back from the adjacent residential units.

The south elevation of the proposed building would be partially obscured from Whittier Boulevard due to southward sloping conditions including the closed off but non-vacated portion of Poplar Avenue and existing buildings along the street. The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site. The building setbacks and articulation will adequately relate the building to adjacent properties.

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The site abuts Poplar Avenue to the east, an alley to the west, two-story multifamily buildings to the north and while some of the adjoining properties to the south and east across the alley are improved with single-family homes, the building setbacks and articulation will serve to adequately relate the building to adjacent properties.

The projects’ building setbacks and articulation will serve to minimize impacts on the privacy of existing abutting residential uses.

B. Pursuant to Section 17.74.070 of the MMC, before any site plan review shall be granted, all of the following findings must be made:

1. That the proposed design for improvement complies with all requirements of the MMC.

The projects proposed for Project Site A and Project Site B are in substantial compliance with the MMC; however, inefficiencies in the MMC do not recognize current residential building and market trends or site specific conditions. Therefore, relief is sought for certain development standards contained in the MMC through a Planned Development approval. With approval of the Planned Development, the projects will be in compliance with the MMC.

Project A
Project Site A is an approximately 73,807 square foot trapezoidal irregularly-shaped site. The topography of the site trends downwards towards the south and east and presents unique challenges to the development of a MMC compliant, modern, and architecturally uniform structure. This is reflected in the irregular and inefficient location of the current buildings including carports on the site. The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. In this case, there will be three separate parcels held together as one for a single building site. The MMC allows one unit per 3,000 square feet of lot area; therefore, the site could only yield 24 units under the density standards. There are currently 41 units located on the project site, almost double the number permitted under the MMC. Utilizing the Planned Development approval, the project will exceed the permitted density and propose 140 units (including 30 units affordable to lower-income households) at a density of approximately 83 units per acre. This density is consistently found in many communities in the region. Project A’s design and layout are efficient and self-contained with on-site amenities and parking.

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The building is integrated into the landscape and takes into account the sloping topography, unique shape of the lot, and constrained access to the site from Poplar Avenue. Applying the MMC standards for density and bedroom count would negatively impact the unit count and unit sizes of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number, variety, and quality of units that could be provided.

The maximum height allowed in the R-3 zone is 25 feet. The Planned Development is proposing to exceed the permitted height of 25 feet. The MMC height regulation is overly restrictive and is lower than the height limits set forth in Single Family Residential (R-1) zones. The height of the proposed building is 47 feet, as measured under the MMC, and does not include stepbacks. The topography of the site slopes to the south and east, necessitating the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The south elevation of the proposed building would be partially obscured from Whittier Boulevard due to southward sloping conditions including the closed off but non-vacated portion of Poplar Avenue and existing buildings along the street. The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site. The building setbacks and articulation will serve to adequately relate the building to adjacent properties.

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The MMC requires a minimum open space of 150 square feet for private open space and 100 square feet for common open space and a total of 300 square feet per unit thus requiring 42,000 square feet in total. The nature of the topography of the site and its shape precludes the project from providing the MMC minimum required open space or meeting the minimum open space distribution between private and common open space; therefore, the project requests an approximate 25% reduction in required open space and would provide a total of 31,360 square feet of open space. The requested open space reduction is appropriate because the project would still provide ample private and public on-site open space, especially compared to the existing development which includes very little on-site open space. The project features state-of-the-art amenities, including balconies for each unit, a courtyard with a pool, water feature, kids play area, barbeques, cabanas, seating areas, cabanas, and a solar panel zone designed for installation for future solar panels. Therefore, the project provides abundant and highquality open space and recreation areas for residents and the triangular design of the building with a large central open courtyard will provide all units in the building ample light and ventilation.

Pursuant to the State of California’s Density Bonus Law (Cal. Govt. Code Section 65915), because the project would include at least 10% of the units for lower-income households, the project is not required to provide more than one on-site parking space per studio unit and one-bedroom unit, and 1.5 onsite parking spaces per two-bedroom unit and three-bedroom units (including parking for persons with a disability and guest parking). Based on these ratios, Project A is required to provide a minimum of 182 total parking spaces. The project will exceed this requirement and provide a total of 298 parking spaces located in two subterranean levels. In addition, the project will provide 14 short-term bicycle racks and 140 long-term bicycle racks. The proposed building provides an efficient design and layout considering the site constraints and is designed to be fully self-contained as it relates to parking including the use of tandem and compact parking spaces.

The MMC requires building setbacks of 20 feet from the front property line, 5 feet along the side yard setback and 10 feet from the rear yard property line.

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The MMC also requires a one-foot stepback for every three feet over 15 feet.

In this case, the project meets all the required building setbacks, except it does not include the one-foot stepback. The setbacks and building facades and elevations are sufficient given the building’s contemporary Mediterranean architectural style and inviting residential appearance, main entryway to the courtyard with a direct visual line of sight, and abundant landscaping along the front setback. If the stepback requirement were observed, it would require the reduction of the courtyard area and would reduce the overall number of units.

The MMC requires trash areas for multiple-family dwellings to provide the equivalent of not less than seventy-five (75) gallon capacity container per dwelling unit. Where commercial trash containers (three cubic yards or more) are used, one container is required for every seven dwelling units and trash areas are required to be located within one hundred fifty feet of the units which they serve. Under the MMC, the project would be required to provide twenty (20) commercial trash containers, and the project includes trash rooms with trash bin areas located at three locations in the upper parking level with a total of twenty-four (24) trash bins. These bins are served by trash chutes for convenient and easy access by the residents.

The project will have frequent trash pickup throughout the week to ensure that the project’s trash demands are adequately served. With twenty-four (24) commercial trash bins and frequent trash pickup service, the project will include adequate trash facilities.

With approval of the Planned Development, Project A will be in compliance with the MMC.

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The MMC allows one (1) unit per 3,000 square feet of lot area; therefore, the site could only yield four units under the density standards and allows bedroom per 1,000 square feet of lot area. The site is currently improved with two single-family residences. Utilizing the Planned Development approval, the project will exceed the permitted density and propose sixteen (16) units (including 2 units affordable to lower-income households) at a density of approximately 56 units per acre. This density is consistently found in many communities in the region. Project B’s design and layout are efficient and self-contained with on-site amenities and parking. The MMC allows a maximum of 1 bedroom per 1,000 square feet of lot area; therefore, the site could only yield twelve (12) bedrooms under this standard. Project B would include a total of thrity (30) bedrooms, exceeding this limit. The project includes a mix of one-, two-, and three-bedroom units and unit will range in size as follows: 825 square feet for the one-bedroom units; 891 square feet to 1,083 feet for the two-bedroom units; and 1,179 square feet for the threebedroom units. These unit sizes are ample and spacious for the market and match or exceed square footages seen in similar projects. The building is integrated into the landscape and takes into account the small size and limited access to the site from Poplar Avenue and the alley. Applying the MMC standards for density and bedroom count would negatively impact the unit count and unit sizes of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number, variety, and quality of units that could be provided.

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size would result in unique challenges that would compromise the integrity of the building’s design and reduce the number of units that could be provided.

The maximum height allowed in the R-3 zone is twenty-five (25) feet.

The Planned Development is proposing to exceed the permitted height of twenty-five (25) feet. The MMC height regulation is overly restrictive and is lower than the height limits set forth in Single Family Residential (R-1) zones.

The height of the proposed building is 34 feet and 6 inches and three (3) stories (including one parking level), as measured under the MMC, and does not include stepbacks. All elevations of the building feature architectural details including brow pieces and trellis structures over the upper balconies, score lines on the walls, a decorative tile mansard roof, and vine pockets along the south and north elevations to soften the buildings appearance.

The building setbacks and articulation will serve to adequately relate the building to adjacent properties.

Pursuant to the State of California’s Density Bonus Law (Cal. Govt. Code Section 65915), because the project would include at least 10% of the units for lower-income households, the project is not required to provide more than one on-site parking space per studio unit and one-bedroom unit, and 1.5 onsite parking spaces per two-bedroom unit and three-bedroom units (including parking for persons with a disability and guest parking). Based on these ratios, Project A is required to provide a minimum of twenty-two (22) total parking spaces. The project will exceed this requirement and provide a total of thirty (30) parking spaces. The project will provide a combination of side-by-side and tandem parking spaces in a controlled tuck under garage.

In addition, the project will provide sixteen (16) bicycle parking spaces. The proposed building provides an efficient design and layout considering the site constraints and is designed to be fully self-contained as it relates to parking including the use of tandem and compact parking spaces. The project would include the approval of a Parking Management Plan for the tandem and Resolution No. 22-18

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compact parking spaces. Public transportation options exist for residents of the project. For example, Project Site B is located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the project is well-served by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to ride-share services.

The MMC requires building setbacks of twenty (20) feet from the front property line, five (5) feet along the side yard setback and ten (10) feet from the rear yard property line. The MMC also requires a one-foot stepback for every three feet over fifteen (15) feet. In this case, the project exceeds the side yard setbacks. The front property line (east elevation facing Poplar Avenue) is proposed at fifteen (15) feet and the building does not include the one-foot stepback. The 15-foot setback is sufficient given the building’s contemporary Mediterranean architectural style and inviting residential appearance, main entryway, and abundant landscaping along the front setback. If the stepback requirement were observed, it would require the reduction of the rooftop deck and would reduce the overall number of units. The rear yard setback is proposed at five (5) feet where ten (10) feet is required; however, the rear yard faces the alley so the effective setback from the properties across the alley is fifteen (15) feet.

The MMC requires trash areas for multiple-family dwellings to provide the equivalent of not less than seventy-five (75) gallon capacity container per dwelling unit. Where commercial trash containers (three cubic yards or more) are used, one container is required for every seven dwelling units and trash areas are required to be located within one hundred fifty (150) feet of the units which they serve. Under the MMC, the project would be required to provide two commercial trash bins, and the project includes a dedicated trash and recycling area located at the ground level. The project will have frequent trash pickup throughout the week to ensure that the project’s trash demands are adequately served. With a dedicated trash and recycling area and frequent trash pickup service, the project will include adequate trash facilities.

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With approval of the Planned Development, the project on Project Site B will be in compliance with the MMC.

2. That the proposed design for improvement is consistent with the general plan.

The projects and proposed design for improvement would be consistent with the City’s General Plan.

A stated purpose of the 2016-2021 Housing Element is “to review development standards to improve site design, architectural quality, and livability of multi-family units”. The 2016-2021 Housing Element contemplated updating the Zoning Standards for the R-3 zone to accommodate the additional housing needs identified in the RHNA; however, these revised standards have not been codified. The project design for both sites’ layout is efficient and self-contained with on-site amenities and parking. The projects utilize efficient design concepts and are integrated into the neighborhood and are therefore compatible with the surrounding uses. In addition, the new residents will support and enhance demand for commercial services from the nearby business districts in the City.

Other stated purposes of the 2016-2021 Housing Element are “to minimize governmental constraints, market constraints, and environmental Resolution No. 22-18

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constraints that may impede the development of new housing,” and “to address future housing needs by expanding housing opportunities in the City.” The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. The projects would utilize the MMC’s Planned Development provisions to achieve additional density and certain deviations from the R-3 development standards to expand housing opportunities in the City and meet the goals of the City’s Housing Element. The projects would make a substantial contribution towards meeting the City’s RHNA allocation, including its affordable housing allocation, consistent with the goals and policies of the General Plan Housing Element.

The projects would also support the following policies of the 2016-2021 Housing Element related to affordable housing:

Policy 4.1. The City will continue to encourage the development of affordable housing throughout the community.

Policy 4.5. The City will continue to encourage development of new housing in proximity to public services, transportation routes, and other community facilities.

Policy 4.6. The City will encourage the establishment of a variety of affordability levels in multiple-projects.

Consistent with Policy 4.1, the projects would include a total of 32 units affordable to lower-income households (30 in Project A and 2 in Project B).

Consistent with Policy 4.5, these units would be constructed in proximity to nearby public transportation routes and other community facilities.

Consistent with Policy 4.6, the projects would be mixed-income projects with a variety of affordability levels, both market-rate and affordable to lowerincome households.

3. That the proposed design for improvement will not have any significant adverse impact on the surrounding properties or on the general public welfare.

The topography of the Project Site A slopes to the south and east, necessitating the zoning code deviations sought through the Planned Resolution No. 22-18

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Development for the project to integrate all parking, open space, and amenities into one cohesive building. The south elevation of the proposed building would be partially obscured from Whittier Boulevard due to southward sloping conditions including the closed off but non-vacated portion of Poplar Avenue and existing buildings along the street. The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site. While Project Site B is relatively flat, the small size of the site necessitates the zoning code deviations sought through the Planned Development for the project in order to integrate all parking, open space, and amenities into one cohesive building.

C. Pursuant to Section 17.52.310 (B) of the MMC, a parking management plan may be approved or conditionally approved if the following findings can be made:

1. The proposed use is consistent with the general plan, any applicable specific plans, and the general intent of the zoning code.

The projects, including the proposed Parking Management Plan to allow self-managed tandem parking, would be consistent with the general intent of the zoning regulations and with the City’s General Plan. The projects do not propose any subdivision and there is no applicable specific plan.

Per Section 17.02.020 of the MMC, the purpose of the zoning code is “to permit the most compatible use of land within the city, consistent with the needs of residential, commercial and industrial developments, and the promotion of the public health, safety, welfare and general prosperity of the city and its residents.” Both projects are of the high-quality design and have a layout with a scale and massing harmonious with the area, and represent a significant reinvestment in the City. They would be compatible with the existing residential uses in the vicinity of the project sites, and would contribute to the City’s residential needs.

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Other stated purposes of the 2016-2021 Housing Element are “to minimize governmental constraints, market constraints, and environmental constraints that may impede the development of new housing,” and “to address future housing needs by expanding housing opportunities in the City.” The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. The projects would utilize the MMC’s Planned Development provisions to achieve additional density and certain deviations from the R-3 development standards to expand housing opportunities in the City and meet the goals of the City’s Housing Element. The projects would make a substantial contribution towards meeting the City’s RHNA allocation, including its affordable housing allocation, consistent with the goals and policies of the General Plan Housing Element.

The projects would also support the following policies of the 2016-2021 Housing Element related to affordable housing:

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Policy 4.1. The City will continue to encourage the development of affordable housing throughout the community.

Policy 4.5. The City will continue to encourage development of new housing in proximity to public services, transportation routes, and other community facilities.

Policy 4.6. The City will encourage the establishment of a variety of affordability levels in multiple-projects.

Consistent with Policy 4.1, the projects would include a total of 32 units affordable to lower-income households (30 in Project A and 2 in Project B).

Consistent with Policy 4.5, these units would be constructed in proximity to nearby public transportation routes and other community facilities.

Consistent with Policy 4.6, the projects would be mixed-income projects with a variety of affordability levels, both market-rate and affordable to lowerincome households.

2. The surrounding properties will not be adversely affected by the approval of the proposed parking management plan.

The proposed building represents an efficient design and layout and is designed to be fully self-contained as it relates to parking, including through the use of tandem and compact parking spaces.

3. The proposed parking management plan is appropriate for the proposed land use.

Self-managed tandem parking and use of compact parking spaces are typical and appropriate for multi-family residential developments with enclosed onsite parking. The projects are designed to make the most efficient use of each site. Due to site constraints and changes in topography, the buildings have been designed to be fully self-contained, including through the use of tandem and compact parking. Drive aisles have been designed to provide ample circulation and access. Public transportation options exist for residents of the project. The project sites are located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the projects are well-served by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to ride-share services.

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4. That adequate off-street parking for customers, clients, visitors, and employees will be available for the proposed land use.

Therefore, adequate off-street parking will be available for the proposed land use.

5. The parking management plan includes provisions for periodic monitoring by the city to identify any problems associated with implementation of the plan and to adjust the plan as necessary. Any costs to the city incurred as a result of such monitoring shall be paid by the property owner upon request of the city.

As stated above, the proposed Parking Management Plan includes provisions for periodic monitoring by the city, and costs will be reimbursed by the property owner upon request of the city.
.

SECTION 3. CEQA. Pursuant to the California Environmental Quality Act (CEQA), Case Nos. PC-2021-0008-PD-PMP-SPR and DA 04-21 are considered a “project,” per the CEQA definition of a “project.” The City Council of the City of Montebello hereby determines and finds that the Project is exempt from CEQA per PRC Section 21155.1 under the Sustainable Communities Project Exemption (SCPE) (ENV No. 04-22-SE). The Project is a transit priority project and meets the requirements of PRC Section 21155 subdivisions (a) and (b) and Section 21155.1 subdivisions (a) and (b) and one of the requirements of subdivision (c). Refer to “Attachment A” for additional details and findings on the Sustainable Communities Project Exemption, which are incorporated herein by this reference.

SECTION 4. Based on the findings contained in this Resolution, the City Council hereby approves the Planned Development District including a Density Overlay and Height Overlay and Precise Plan of Development, Parking Management Plan, and Site Plan Review, with Conditions (“PC-2021-0008-PD-PMP-SPR”) subject to the conditions herein below.

SECTION 5. CONDITIONS. The City Council of the City of Montebello find and determine that the foregoing conditions of approval are necessary and appropriate and impose them upon the use of the Property.

A. Planning Division Conditions
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1. The Applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers, and employees from any claim, action, or proceeding brought against the City, its elected and appointed officials, agents, officers, or employees arising out of, or which are related to the Applicant’s project or application (collectively referred to as “proceedings”). The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney’s fees, and other costs, liabilities, and expenses incurred or awarded in connection with the proceedings whether incurred by the Applicant, the City and/or the parties initiating or bringing such proceedings. This indemnity provision shall include the Applicant’s obligation to indemnify the City for all the City’s costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth herein. The City shall have the right to choose its own legal counsel to represent the City’s interest in the proceedings.

2. The development of the subject properties shall be consistent with all of the provisions of the Montebello Municipal Code (MMC), approved Planned Development District including the Density Overlay and Height Overlay and Precise Plan of Development, Site Plan Review, and Parking Management Plan (Case No. PC-2021-0008-PD-PMP-SPR/ENV No. 04-22-SE), and the specifications of the City’s Planning Division (“Planning Division” or “Planning Department”).

3. Within thirty (30) days of the Planning Division transmittal of the Acceptance Form, the Applicant shall sign and return a copy of the Acceptance Form, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Failure to return the Acceptance Form within thirty (30) days shall constitute grounds for terminating the permit.

4. The Director of Planning & Community Development (“Director”), at any time, can call for a review of the approved conditions of approval at a duly noticed public hearing before the Planning Commission. These condition(s) may be modified, or new condition(s) added to reduce any impacts of the use.

5. The Applicant shall execute and record with the Los Angeles County a Covenant and Agreement to hold the abutting parcels located at 116,128, & 136 N. Poplar Ave (Project Site A) as one parcel and 129 & 133 N. Poplar Ave (Project Site B) as another parcel.

6. The Applicant shall enter into a Development Agreement (DA 04-21) with the City for the proposed Planned Development District (PC-2022-0008-PD-PMP-SPR).

7. The Applicant or successor in interest shall meet the applicable code requirements except as may be modified by the approvals under PC-2022-0008-PD-PMP-SPR and DA 04-21 and all other City department regulations.

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8. All applicable conditions of approval from previous entitlements on the property shall remain in full force and effect, unless otherwise specifically noted in this Resolution.

9. It is the responsibility of the Applicant to have all graffiti on the site removed within twentyfour (24) hours of its appearance, or be subject to citation from the City of Montebello Code Enforcement Division.

10. The Applicant will bear the full costs of all monitoring and inspection activities to be conducted by City staff, or its designated representative(s), as necessary to ensure compliance with the conditions of this Resolution.

11. Any change, expansion, intensification and/or modification to the proposed plans use, or mode of operations shall be subject to the review and approval by the Director who may take action or call for review by the Montebello Planning Commission at a noticed public hearing.

12. This approval shall not supersede the approval of any other responsible agencies. The Applicant shall comply with all Federal, State and local laws.

13. The approval of this Planned Development (PC-2022-0008-PD-PMP-SPR) shall automatically expire if the rights granted are not exercised before March 1, 2023 except as may be extended by DA 04-21. Applicant shall be considered to have exercised its rights under this approval by having been issued a building permit by the City and Applicant actually commencing construction of the applicable Phase by completing the first required inspection.

14. The approval of this Precise Plan of Development (PC-2022-0008-PD-PMP-SPR /ENV No. 04-22-SE) can be extended not to exceed three (3) years with a written request by the property owner no less than thirty (30) days prior to the expiration date stating the reason and need for an extension and upon review and approval by the Director except as may be extended by DA 04-21.

15. In the event of a violation of the conditions of approval, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.

16. Modification to Plans. Subsequent modifications to this approval shall be in conformance with the approved plans. The Director shall determine as to whether a modification to the project is allowed. The approval of such modification shall be provided in written format in the form deemed acceptable by the Director and City Attorney. Modifications which extend beyond the parameters of substantial conformance shall be subject to a Planned Development District amendment and/or new Site Plan Review, as determined by the Director. Any substantial change or modification to the proposed site plan shall be subject to review and approval by the Planning Commission.

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17. The Applicant shall contact the Planning Division to arrange a Planning Inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied.

18. A copy of the approved Resolution shall be attached to the construction plans for any site improvement at the submittal of plans for plan check.

19. If at any time, a problem with fugitive dust arises, the Director may require a fugitive dust mitigation plan to be submitted and reviewed. The fugitive dust mitigation plan shall include a schedule of time and frequency of fugitive dust mitigation activities. Upon approval of the plan by the Director, the measures of the plan shall be implemented. This condition may require the developer to post a bond to ensure fugitive dust mitigation compliance.

20. The Director may, at any point, request remedy to fugitive dust and soil/mud spillage onto public rights-of-ways and adjacent properties due to inclement weather or other reasons.

21. All improvements to the subject property shall be in compliance with all City Ordinances except as may be modified by the approvals under PC-2022-0008-PD-PMP-SPR and DA 04-21.

22. The hours of construction shall be 7:00 a.m. to 8:00 p.m., Monday through Friday, and weekends and holidays 9:00 a.m. to 6:00 p.m. as restricted by the MMC Section 9.08.050.

23. The Applicant shall adhere to all residential development standards for the mitigation of noise as per MMC Section 17.22.110.

24. The street shall be swept at the end of the day if visible soil material is carried onto adjacent public sidewalks and paved roads.

25. Garage access shall be equipped with a secure door. The vehicular access-opening door shall be equipped with an automatic garage door opener.

26. Any parking space that fronts a building wall or fence with no separation between the front end of the parking space and the wall or fence, shall be provided with a concrete wheel stop or curb barrier not less than two (2) feet from such wall or fence property line. Such wheel stop or curb barrier shall be securely installed and maintained.

27. Minimum aisle widths and circulation shall be provided in accordance to the MMC Chapter

17.52- Off-street Parking requirements.

28. The site shall be attractively landscaped and maintained in accordance with the standards established in the MMC and to the satisfaction of the Planning Department.

29. Landscape and Irrigation Plan. Detailed landscape and irrigation plans, which meet the requirements set forth in the MMC shall be required as a part of the project Plan Check review and approval process. Permanent underground automated irrigation system must Resolution No. 22-18

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be provided for all landscaping on the site. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits.

30. The landscape plan shall conform to the MMC requirements. Shrubs shall not be less than three (3) feet in height when planted and cover not less than thirty (30) percent of the landscaped area. All landscaping shall cover the designated planting areas from the outset.

31. All trees shall be at least twenty-four inch (24”) box or equivalent.

32. All landscape planters shall be surrounded by a six (6) inch concrete curb if adjacent to any public right-of-way or private road or sidewalk intended for public use.

33. A trash enclosure, if provided, shall be constructed of decorative masonry block or masonry block with decorative finish, such as stucco, and view-obscuring doors that are compatible with the main residence, subject to the final review and approval of the Planning Department. The Applicant shall reflect this requirement on the plans submitted for plan check.

34. All proposed utilities (Gas, Electricity, Communications, etc.) shall be placed underground.

The Applicant shall reflect this requirement on plans submitted for “Plan Check”.

35. All outdoor utilities or machinery located outside the exterior walls, including roof-mounted equipment, shall be completely screened from view from any public right-of-way or adjacent residential use by either view obscuring landscaping or architectural features of the main building (i.e. parapet walls, façade extension, etc.), subject to the final review and approval of the Planning Department.

36. Any inevitable exposed wires shall be neatly bolted and painted to match the building color.

37. The proposed exterior colors and materials board shall be implemented as approved by the Planning Department based on the final City approval of the Precise Plan of Development.. Any changes to the approved exterior colors and materials shall be subject to the review and approval of the Planning Department.

38. The Applicant shall submit a separate lighting plan (photometric study) during the plan check process, subject to the review and approval of the Montebello Police Department (“Police Department”) and Planning Department.

39. The Applicant shall submit a detailed wall/fence plan which is consistent with the MMC and identifies the material(s), color(s), and dimensions of proposed fencing, subject to the review and approval of the Planning Department.

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40. The Applicant shall provide a parking management plan for all assigned spaces, which will contain all notices, agreements, rules, assignments and regulations regarding tenant parking of vehicles within the project.

41. All buildings with third- and fourth-story window views overlooking adjacent residential properties shall be reviewed to ensure privacy windows are installed to protect surrounding neighbors. The Applicant shall be required to install privacy windows, and where appropriate and feasible shall also install landscaping, decorative wall extensions or any equivalent solution approved by the Director.

42. All outdoor recreation areas maintained by property owner shall be open from 8:00 a.m. to 10:00 p.m. (Pacific Standard Time). Any changes to the proposed hours shall be reviewed and approved by the Director.

43. Thirty (30) units within Project A and two (2) units whithin Project B shall be restricted to and available at affordable rent, adjusted for household size, to Lower Income Households (as defined in California Health and Safety Code Section 50079.5 and as periodically published by the California Department of Housing and Community Development for a term of fifty-five years (55).

B. Building Division Conditions

1. The 4-story apartment building (R-2 occupancy) shall be Type II-B or a higher type of construction, separated from the 2-story Type I-A subterranean garage (S-2 occupancy) by a 3-hour fire-resistance-rated horizontal assembly which shall also be of Type I-A construction.

2. The R-2 and S-2 occupancies shall be protected by NFPA 13 fire sprinklers throughout.

3. All of the apartment units are covered multifamily dwellings as defined in the Fair Housing Amendment Act and the California Building Code, subject to the requirements set forth in the Fair Housing Design Guidelines and Chapter 11A of the 2019 California Building Code.

4. Out of the 86 electric vehicle parking spaces, one (1) shall be van accessible, three (3) standard accessible, and three (3) ambulatory parking spaces.

5. At least 2 percent of the assigned parking spaces provided to residents shall be accessible. At least 5 percent of the unassigned parking spaces and visitor parking spaces shall be accessible.

C. Engineering Conditions

1. A parking and driveway plan shall be submitted to the City for review and approval.

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2. Prior to issuance of building permits, the City Department of Public Works and the County of Los Angeles Sanitation District shall review and approve the project’s available sewere capacity.

D. Public Works Department Conditions

1. Low impact development (LID) requirements are required for city approval.

2. All broken, damaged, or substandard street improvements, shall be removed and replaced from property line to property line to the center of the street along the proposed project; such as: sidewalk, curb and gutter, driveway approach, and pavement. a. Grind 2” PCC Pavement and overlay with 2” AC from property line to property line to the center of the street along the proposed project or inlieu of grind and AC overlay deposit money for the cost of this improvement with the City for the future Street improvement.

3. Install new domestic water, fire and irrigation line.

4. Install a new gas line.

5. Install new sewer laterals to city sewer main with Wye connections (minimum 6” diameter, must be VCP).

6. Underground all overhead utilities entering/servicing the new development site.

7. Storm runoff control measures are required.

8. Show all proposed curb drains.

9. Civil plan must shall all underground utility main lines on the street and adjacent to the project site.

10. Civil plan must show entire street right-of-way, on-site and off-site improvements including underground and overhead utility lines and all proposed and required right-of-way improvements.

E. Fire Department Conditions

1. Fire flow report based on 2019 Edition California Fire Code, Appendix B/BB.

2. 3. Provide proposed standpipe location and show hose pull distances do not exceed 150’ feet.

4. Fire access plan based on 2019 Edition California Fire Code and local amendments.

5. When the height of a structure at the roof eaves exceeds 27 feet or the capability of the fire department to access the roof safely utilizing ground ladders, the location and width of access roadways shall be such that the truck mounted areal ladders may be utilized.

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6. Aerial ladder access shall include the ability to maneuver apparatus, deploy outriggers and provide proper climbing angles.

7. Elevator shall meet requirements of 2019 Edition California Fire Code, Chapter 6, Building Services and Systems and California Code of Regulations, Title 8, Division 1, Chapter 4, Subchapter 6, Elevator Safety Orders.

8. Elevator will be required to be gurney compliant.

9. Knox Boxes shall be installed per the satisfaction of the Montebello Fire Department. Knox key switches for any mechanical security gates.

10. Fire flow report based on 2019 Edition California Fire Code, Appendix B/BB.

11. Provide proposed standpipe location and show hose pull distances do not exceed 150’ feet.

12. Provide additional public hydrants to meet fire flow requirements.

13. Fire hydrant plan based on 2019 Edition California Fire Code and City of Montebello local amendments.

14. Underground fire main/fire sprinkler supply plan based on 2019 Edition California Fire Code and NFPA 13/24 and Montebello Fire Department’s plan check submittal requirements and notes.

15. Fire Sprinkler Overhead plan based on 2019 Edition California Fire Code and NFPA 13/13R and Montebello Fire Department’s plan check submittal requirements and notes.

16. Fire standpipe plan based on 2019 Edition California Fire Code and NFPA 14.

17. Fire Alarm plan based on 2019 Edition California Fire Code and NFPA 72 and Montebello Fire Department’s plan check submittal requirements and notes.

18. Provide Carbon Monoxide detection in residential units.

19. Provide Carbon Monoxide in enclosed parking garage per 2019 Edition California Mechanical Code.

20. Project will meet requirements of 2019 Edition California Fire Code, Chapter 12, Energy Systems.

21. Fire extinguishers per 2019 Edition California Fire Code and CCR Title 19.

22. Additional requirements maybe added during the plan check process.

F. SCPE Conditions (ENV NO. 04-22-SE)

1. The Project shall be in substantial conformance with the mitigation measures set forth under Section 5.0 of the SCPE, which are hereby incorporated as part of the conditions of approval.

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APPROVED and ADOPTED this 13th day of April 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-18 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 13 th day of April, 2022
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

ATTACHMENT B
ORDINANCE NO. 2448

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO APPROVING A DEVELOPMENT AGREEMENT
(DA-04-21) BY AND BETWEEN THE CITY OF MONTEBELLO
AND MAGNA & MAGNA, INC. PURSUANT TO GOVERNMENT
CODE SECTIONS 65864 ET SEQ.

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the "Development Agreement Statute"), which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and;
WHEREAS, in accordance with the Development Agreement Statute, the City of Montebello (the “City”) is authorized to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both the City and the owner in the development process; WHEREAS, Magna & Magna, Inc (“Developer”) and the City desire to enter into a Development Agreement (DA-04-21) attached hereto as Attachment “A” (the “Development Agreement”), which would allow the development of a total of 156 residential dwelling units on two sites, the first located 116, 128, and 136 N. Poplar Avenue, Montebello, California (“Project Site A”) and the second site located at 129-133 N. Poplar Ave, Montebello, California (“Project Site B”) (collectively the “Property”); WHEREAS, Project Site A will involve the construction of 140 apartment units (including 30 units affordable to lower-income households) within an approximately 73,807 square foot (1.69 acres) development area and Project Site B will involve the construction of 16 apartment units (including 2 units affordable to lower-income households) within an approximately 12,500 square foot (0.28 acres) development area in addition to corresponding amenities for the units (the “Project”); WHEREAS, the Project was reviewed pursuant to the California Environmental Quality Act (“CEQA”) and determined to be statutorily exempt under CEQA pursuant to California Public Resources Code Section 21155.1 under the Sustainable Communities Project Exemption (“SCPE”) available to certain qualifying transit priority projects; WHEREAS, the Planning Commission, following a duly noticed public hearing on March 1, 2022, recommended approval of this Development Agreement; and WHEREAS, the City Council held a noticed public hearing on the Development Agreement and this Ordinance, and considered all staff reports, presentation, public Ordinance No. 2448

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testimony, comments, Planning Commission recommendations, and other evidence presented in connection with this matter.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals set forth above are true and correct, and adopts and incorporates the recitals as a material part hereof.

SECTION 2. Based on the staff reports, presentations, public testimony, comments, Planning Commission recommendations, Montebello Municipal Code (“MMC”), City’s General Plan, and other evidence presented at the duly noticed public hearing on this matter, the City Council finds and declares that the Development Agreement is consistent with the MMC and the General Plan as follows:

A. Montebello Municipal Code.

Project A
Project Site A is an approximately 73,807 square foot trapezoidal irregularlyshaped site. The topography of the site trends downwards towards the south and east and presents unique challenges to the development of a MMC compliant, modern, and architecturally uniform structure. This is reflected in the irregular and inefficient location of the current buildings including carports on the site. The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. In this case, there will be three separate parcels held together as one for a single building site. The MMC allows one unit per 3,000 square feet of lot area; therefore, the site could only yield 24 units under the density standards. There are currently 41 units located on the project site, almost double the number permitted under the MMC. Utilizing the Planned Development approval, the project will exceed the permitted density and propose 140 units (including 30 units affordable to lower-income households) at a density of approximately 83 units per acre. This density is consistently found in many communities in the region. Project A’s design and layout are efficient and selfcontained with on-site amenities and parking.

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includes a mix of studio, one-, two-, and three-bedroom units and units will range in size as follows: 616 square feet for the studio units; one-bedroom units from 730 square feet to 900 square feet; two-bedroom units from 1,100 square feet to 1,500 square feet; and three-bedroom units from 1,472 to 1,780 square feet. These unit sizes are ample and spacious for the market and match or exceed square footages seen in similar projects. The building is integrated into the landscape and takes into account the sloping topography, unique shape of the lot, and constrained access to the site from Poplar Avenue.

The maximum height allowed in the R-3 zone is 25 feet. The Planned Development is proposing to exceed the permitted height of 25 feet. The MMC height regulation is overly restrictive and is lower than the height limit of 35 feet set forth in Single Family Residential (R-1) zones. The height of the proposed building is 47 feet, as measured under the MMC, and does not include stepbacks. The topography of the site slopes to the south and east, necessitating the zoning code deviations sought through the Planned Development for the project to integrate all parking, open space, and amenities into one cohesive building. The south elevation of the proposed building would be partially obscured from Whittier Boulevard due to southward sloping conditions including the closed off but non-vacated portion of Poplar Avenue and existing buildings along the street. The site to the east immediately abutting the project is significantly lower in elevation and views of the proposed building would be partially obstructed by an existing retaining wall on that site. The building setbacks and articulation will serve to adequately relate the building to adjacent properties.

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provide a total of 31,360 square feet of open space. The requested open space reduction is appropriate because the project would still provide ample private and public on-site open space, especially compared to the existing development which includes very little on-site open space. The project features state-of-the-art amenities, including balconies for each unit, a courtyard with a pool, water feature, kids play area, barbeques, cabanas, seating areas, cabanas, and a solar panel zone designed for installation for future solar panels. Therefore, the project provides abundant and high-quality open space and recreation areas for residents and the triangular design of the building with a large central open courtyard will provide all units in the building ample light and ventilation.

Pursuant to the State of California’s Density Bonus Law (Cal. Govt. Code Section 65915), because the project would include at least 10% of the units for lowerincome households, the project is not required to provide more than one on-site parking space per studio unit and one-bedroom unit, and 1.5 on-site parking spaces per two-bedroom unit and three-bedroom units (including parking for persons with a disability and guest parking). Based on these ratios, Project A is required to provide a minimum of 182 total parking spaces. The project will exceed this requirement and provide a total of 298 parking spaces located in two subterranean levels. In addition, the project will provide 14 shortterm bicycle racks and 140 long-term bicycle racks. The proposed building provides an efficient design and layout considering the site constraints and is designed to be fully self-contained as it relates to parking including the use of tandem and compact parking spaces. The project would include the approval of a Parking Management Plan for the tandem and compact parking spaces. Public transportation options exist for residents of the project. For example, Project Site A is located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the project is well-served by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to ride-share services.

Ordinance No. 2448

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The MMC requires trash areas for multiple-family dwellings to provide the equivalent of not less than seventy-five gallon capacity container per dwelling unit. Where commercial trash containers (three cubic yards or more) are used, one container is required for every seven dwelling units and trash areas are required to be located within one hundred fifty feet of the units which they serve.

Under the MMC, the project would be required to provide 20 commercial trash containers, and the project includes trash rooms with trash bin areas located at three locations in the upper parking level with a total of 24 trash bins. These bins are served by trash chutes for convenient and easy access by the residents. The project will have frequent trash pickup throughout the week to ensure that the project’s trash demands are adequately served. With 24 commercial trash bins and frequent trash pickup service, the project will include adequate trash facilities.

With approval of the Planned Development, Project A will be in compliance with the MMC.

Ordinance No. 2448

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Project A would include a total of 30 bedrooms, exceeding this limit. The project includes a mix of one-, two-, and three-bedroom units and unit will range in size as follows: 825 square feet for the one-bedroom units; 891 square feet to 1,083 feet for the two-bedroom units; and 1,179 square feet for the three-bedroom units. These unit sizes are ample and spacious for the market and match or exceed square footages seen in similar projects. The building is integrated into the landscape and takes into account the small size and limited access to the site from Poplar Avenue and the alley. Applying the MMC standards for density and bedroom count would negatively impact the unit count and unit sizes of the project and discourage flexibility and design innovation of the project floor plans, ultimately reducing the number, variety, and quality of units that could be provided.

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common open space; therefore, the project requests an approximate 25% reduction in required open space and would provide a total of 3,650 square feet of open space. The requested open space reduction is appropriate because the project would still provide ample private and public on-site open space. The project features state-of-the art, high-quality amenities including balconies for each unit and a rooftop deck with patio furniture.

Pursuant to the State of California’s Density Bonus Law (Cal. Govt. Code Section 65915), because the project would include at least 10% of the units for lowerincome households, the project is not required to provide more than one on-site parking space per studio unit and one-bedroom unit, and 1.5 on-site parking spaces per two-bedroom unit and three-bedroom units (including parking for persons with a disability and guest parking). Based on these ratios, Project B is required to provide a minimum of 22 total parking spaces. The project will exceed this requirement and provide a total of 30 parking spaces. The project will provide a combination of side-by-side and tandem parking spaces in a controlled tuck under garage. In addition, the project will provide 16 bicycle parking spaces. The proposed building provides an efficient design and layout considering the site constraints and is designed to be fully self-contained as it relates to parking including the use of tandem and compact parking spaces. The project would include the approval of a Parking Management Plan for the tandem and compact parking spaces. Public transportation options exist for residents of the project. For example, Project Site B is located within 1,000 feet of a Montebello Bus Lines #10 line stop and the Montebello Transportation Department administers a “Dial a Taxi” program to residents that are disabled or over age 62. Finally, the project is well-served by other modes of public transportation including Metro Bus lines and offers its residents many choices for access to the aforementioned bike parking and to ride-share services.

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the front ends of parking spaces and provide 100 cubic feet overall for each unit.

In addition, each residential unit has ample interior closet space.

Under the MMC, the project would be required to provide two commercial trash bins, and the project includes a dedicated trash and recycling area located at the ground level. The project will have frequent trash pickup throughout the week to ensure that the project’s trash demands are adequately served. With a dedicated trash and recycling area and frequent trash pickup service, the project will include adequate trash facilities.

With approval of the Planned Development, the project on Project Site B will be in compliance with the MMC.

B. General Plan.

1. One policy of the Land Use Element of the General Plan is that “Residential development of varying densities and housing types should be compatible among themselves and with adjacent commercial and industrial development”. Another policy of the same element states “Opportunities for a variety of living needs should be available in various locations throughout the City”. For both project sites, separate parcels will be combined to form a single building site which in turn creates opportunities for excellence in design, site layout, and more efficient vehicular and pedestrian access. Both Project A and Project B are of high-quality architectural design and offer amenityrich rental housing opportunities not commonly found in the City of Montebello.

This would be consistent with the General Plan’s policy of provide varying housing types and opportunities for a variety of living needs in the City.

2. A stated purpose of the 2016-2021 Housing Element is “to review development standards to improve site design, architectural quality, and livability of multi-family units”. The 2016-2021 Housing Element contemplated updating the Zoning Standards for the R-3 zone to accommodate the additional housing needs identified in the Regional Housing Needs Assessment (RHNA); however, these revised standards have not been codified. The project design for both Ordinance No. 2448

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sites’ layout is efficient and self-contained with on-site amenities and parking.

3. Other stated purposes of the 2016-2021 Housing Element are “to minimize governmental constraints, market constraints, and environmental constraints that may impede the development of new housing,” and “to address future housing needs by expanding housing opportunities in the City.” The R-3 Multiple Family Residential Zone standards provide a significant impediment to the development of modern and efficient residential units. The projects would utilize the MMC’s Planned Development provisions to achieve additional density and certain deviations from the R-3 development standards to expand housing opportunities in the City and meet the goals of the City’s Housing Element. The projects would make a substantial contribution towards meeting the City’s RHNA allocation, including its affordable housing allocation, consistent with the goals and policies of the General Plan Housing Element.

4. The projects would also support the following policies of the 2016- 2021 Housing Element related to affordable housing:

Policy 4.1. The City will continue to encourage the development of affordable housing throughout the community.

Policy 4.5. The City will continue to encourage development of new housing in proximity to public services, transportation routes, and other community facilities.

Policy 4.6. The City will encourage the establishment of a variety of affordability levels in multiple-projects.

Consistent with Policy 4.1, the projects would include a total of 32 units affordable to lower-income households (30 in Project A and 2 in Project B).

Consistent with Policy 4.5, these units would be constructed in proximity to nearby public transportation routes and other community facilities. Consistent with Policy 4.6, the projects would be mixed-income projects with a variety of affordability levels, both market-rate and affordable to lower-income households SECTION 3. The City Council hereby approves the Development Agreement attached hereto as Attachment A and subject further to minor, conforming, and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney prior to execution thereof, including competition of references and status of planning approvals, and completion and conformity of all attachments or exhibits thereto, as approved by the City Council. The City Manager is further authorized and directed to execute the Development Agreement on behalf of the City along with all ancillary documents reasonably necessary to effectuate the intent of Ordinance No. 2448

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this Ordinance and all acts authorized to be performed by the City Manager in the administration of the Development Agreement pursuant to its terms.

SECTION 4. This Project is statutorily exempt under CEQA per the Public Resources Code Section 21155.1 under the Sustainable Communities Project Exemption (SCPE) if the City Council finds, after conducting a public hearing, that the transit priority project meets all of the requirements of subdivisions (a) and (b) and one of the requirements of subdivision (c). The Project is a transit priority project and meets the requirements of Public Resources Code Section 21155 subdivisions (a) and (b) and Section 21155.1 subdivisions (a) and (b) and one of the requirements of subdivision (c).

The findings and details in the Sustainable Communities Project Exemption which is incorporated herein by this reference.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance and cause it to be posted as required by law. This Ordinance shall become effective thirty (30) days after its adoption following the second reading of the ordinance.

The City Clerk is authorized and directed to cause this Development Agreement to be recorded with the County Recorder’s Office for the County of Los Angeles. [Signatures on the following page]
Ordinance No. 2448

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APPROVED AND ADOPTED this 23rd day of April 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST:
________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
__________________________
Arnold M. Alvarez-Glasman, City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 13th day of April 2022 and was adopted by the City Council of the City of Montebello at its meeting held on the 23 rd day of April 2022 by the
following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Christopher Jimenez, City Clerk

ATTACHMENT C

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:
[ATTACHMENT C TO THE CITY
COUNCIL AGENDA REPORT]
SPACE ABOVE THIS LINE FOR RECORDER’S USE

DEVELOPMENT AGREEMENT
between

THE CITY OF MONTEBELLO,
a municipal corporation (“City”)
and
MAGNA & MAGNA, INC.,
a California corporation
(“Developer”)
Table of Contents

1. DEFINITIONS .......................................................................................................................... 2

1.1 Affiliate....................................................................................................................... 2

1.2 Agreement. ................................................................................................................. 2

1.3 Applications................................................................................................................ 2

1.4 Approval Date............................................................................................................. 3

1.5 Authorizing Ordinance. .............................................................................................. 3

1.6 CEQA. ........................................................................................................................ 3

1.7 City. ............................................................................................................................ 3

1.8 City Council................................................................................................................ 3

1.9 Claims or Litigation.................................................................................................... 3

1.10 Conditions of Approval. ............................................................................................. 3

1.11 Control........................................................................................................................ 3

1.12 City Manager. ............................................................................................................. 3

1.13 Developer.................................................................................................................... 3

1.14 Developer Fees. .......................................................................................................... 3

1.15 Development............................................................................................................... 4

1.16 Development Agreement Statute................................................................................ 4

1.17 Development Approvals. ............................................................................................ 4

1.18 Development Plan....................................................................................................... 4

1.19 Exaction...................................................................................................................... 4

1.20 Existing Developer Fees............................................................................................. 4

1.21 Existing Development Approvals............................................................................... 4

1.22 Existing Land Use Regulations. ................................................................................. 5

1.23 Future Developer Fees................................................................................................ 5

1.24 Future Development Approvals.................................................................................. 5

1.25 Future Land Use Regulations. .................................................................................... 5

1.26 General Plan. .............................................................................................................. 5

1.27 Holder. ........................................................................................................................ 5

1.28 Land Use Regulations................................................................................................. 5

1.29 SCPE..........................................................................Error! Bookmark not defined.

1.30 Mortgage..................................................................................................................... 6

1.31 Non-Defaulting Party. ................................................................................................ 6

1.32 Operative Date............................................................................................................ 6

1.33 Person. ........................................................................................................................ 6

1.34 Planning Commission................................................................................................. 6

1.35 Planning Director........................................................................................................ 6

1.36 Processing Fees........................................................................................................... 6

1.37 Project......................................................................................................................... 6

1.38 Transfer....................................................................................................................... 6

2. EXHIBITS ................................................................................................................................. 6

3. TERM ........................................................................................................................................ 7

3.1 Term............................................................................................................................ 7

3.2 Operative Date............................................................................................................ 7

4. DEVELOPMENT OF THE PROPERTY; DEVELOPER OBLIGATIONS. ........................... 7

4.1 Right to Develop......................................................................................................... 7

4.2 Permitted Uses............................................................................................................ 7

4.3 Public Benefits; Developer and Processing Fees. ...................................................... 8

4.4 Obligations of Developer Respecting Project Costs................................................... 9

5. DEVELOPMENT TIMING ...................................................................................................... 9

5.1 Right of Developer to Control Development and Timing.......................................... 9

6. FEES, TAXES, AND ASSESSMENTS.................................................................................... 9

6.1 Future Developer Fees................................................................................................ 9

6.2 Existing Developer Fees............................................................................................. 9

6.3 Future Processing Fees. .............................................................................................. 9

6.4 Exceptions. ................................................................................................................. 9

7. AMENDMENT OF DEVELOPMENT AGREEMENT......................................................... 10

7.1 Initiation of Amendment. ......................................................................................... 10

7.2 Procedure. ................................................................................................................. 10

7.3 Consent. .................................................................................................................... 10

7.4 Minor Modifications................................................................................................. 10

7.5 Effect of Amendment to Development Agreement.................................................. 10

8. RESERVATIONS OF AUTHORITY..................................................................................... 10

8.1 Limitations; Reservations, and Exceptions. ............................................................. 10

8.2 Regulation by Other Public Agencies. ..................................................................... 11

9. ANNUAL REVIEW................................................................................................................ 11

9.1 Annual Monitoring Review...................................................................................... 11

9.2 Failure to Conduct Annual Monitoring Review. ...................................................... 12

10. DEFAULT, REMEDIES AND TERMINATION................................................................... 12

10.1 Rights of Non-Defaulting Party after Default. ......................................................... 12

10.2 Notice and Opportunity to Cure. .............................................................................. 12

10.3 Modification or Termination. ................................................................................... 13

10.4 No Specific Performance to Construct Project......................................................... 13

10.5 Intentionally Omitted................................................................................................ 14

10.6 Rights and Duties Following Termination. .............................................................. 14

11. TRANSFERS........................................................................................................................... 14

11.1 Right to Transfer....................................................................................................... 14

12. INDEMNITY........................................................................................................................... 14

12.1 Third-Party Litigation............................................................................................... 14

12.2 Hold Harmless: Developer’s Construction and Other Activities. ............................ 16

12.3 Survival of Indemnity Obligations. .......................................................................... 16

13. EFFECT OF AGREEMENT ON TITLE ................................................................................ 16

14. PARTIES’ OFFICERS AND EMPLOYEES; NON-DISCRIMINATION ............................ 16

14.1 Non-liability of Parties’ Officers and Employees. ................................................... 16

14.2 Conflict of Interest, Warranty, and Representation of Non-Collusion..................... 17

14.3 Covenant Against Discrimination. ........................................................................... 17

15. MORTGAGEE PROTECTION. ............................................................................................. 17

15.1 Developer’s Breach Not Defeat Mortgage Lien....................................................... 17

15.2 Holder Not Obligated to Construct or Complete Improvements.............................. 17

15.3 Notice of Default to Mortgagee, Deed of Trust or Other Security Interest Holders.18

15.4 Right to Cure. ........................................................................................................... 18

15.5 Changes Requested by Lenders................................................................................ 18

16. GENERAL............................................................................................................................... 18

16.1 Estoppel Certificates................................................................................................. 18

16.2 Force Majeure........................................................................................................... 19

16.3 Construction of Development Agreement................................................................ 19

16.4 Severability............................................................................................................... 19

16.5 Attorneys’ Fees......................................................................................................... 19

16.6 Joint and Several Obligations................................................................................... 19

16.7 Time of Essence........................................................................................................ 20

16.8 Waiver. ..................................................................................................................... 20

16.9 No Third-Party Beneficiaries.................................................................................... 20

16.10 Mutual Covenants..................................................................................................... 20

16.11 Relationship of Parties.............................................................................................. 20

16.12 Notice........................................................................................................................ 20

16.13 Further Actions and Instruments. ............................................................................. 21

16.14 Entire Agreement...................................................................................................... 21

16.15 Recitals. .................................................................................................................... 21

16.16 Counterparts.............................................................................................................. 21

16.17 Recording.................................................................................................................. 22

16.18 Authority to Execute................................................................................................. 22 1 DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is entered into on ______________, by the CITY OF MONTEBELLO (the “City”), a municipal corporation, and MAGNA & MAGNA, INC., a California corporation (the “Developer”), pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of the California Government Code. City and Developer shall be referred to within this Agreement jointly as the “Parties” and individually as a “Party.”
R E C I T A L S:

A. Capitalized Terms. The capitalized terms used in these recitals and throughout this Agreement shall have the meaning assigned to them in Section 1. Any capitalized terms not defined in Section 1 shall have the meaning otherwise assigned to them in this Agreement.

B. Property Status. Developer holds a legal or equitable interest in certain parcels of real property which are located in the City of Montebello, and are more particularly described in the “Legal Description of Property” attached hereto as Exhibits A-1 (Project A Site) and A-2 (Project B Site), and are shown on the “Site Map” attached hereto as Exhibits B-1 (Project A Site) and B-2 (Project B Site) which together show the “Property.” C. Project. This Development Agreement grants Developer the right to redevelop the Property with two elements, referred to herein as Project A and Project B. Project A will involve the construction of 140 apartment units within a 73,807-square foot development site, and Project B will involve the construction of 16 units within a 12,500-square foot development site. The Project (as defined below) will pay all applicable City Developer Fees and Processing Fees.

D. Legislation Authorizing Development Agreements. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the legislature of the State of California adopted the Development Agreement Statute, Sections 65864, et seq., of the Government Code, authorizing City to enter into an agreement with any Person (as hereinafter defined) having a legal or equitable interest in real property providing for the development of such property and establishing certain development rights therein. The legislative findings and declarations underlying the Development Agreement Statute and the provisions governing contents of development agreements state, in Government Code Sections 65864(c) and 65865.2, that the lack of public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities is a serious impediment to the development of new housing, and that applicants and local governments may include provisions in development agreements relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

E. Public Benefits. Developer agrees to provide the City with certain public benefits identified in Section 4.3 of this Agreement in exchange for the City agreeing to enter into this Agreement, which affords the Developer with greater project latitude, flexibility, development certainty and the vested rights to complete the Project afforded by this Agreement. 2 F. Intent of the Parties. Developer and City have determined that the Project is a development for which a development agreement is appropriate. The Parties desire to define the parameters of Developer’s public benefits obligations and provide for the orderly development of the Property, assist in attaining the most effective utilization of resources within the City, and otherwise achieve the goals of the Development Agreement Statute. In consideration of these benefits to City and the public benefits of the development of the Property, Developer will receive assurances that City shall grant all permits and approvals and permit the construction required for development of the Property and the Project in accordance with this Agreement.

G. Public Hearings: Findings. In accordance with the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”)), appropriate studies, analyses, reports, or documents were prepared and considered by the Planning Commission and the City Council. The Planning Commission, after a public hearing on _________, recommended, and on ______________ the City Council adopted, Ordinance No. ________________ approving this Agreement. The Planning Commission and the City Council have found, on the basis of substantial evidence, that this Agreement is consistent with all applicable plans, rules, regulations and official policies of the City. Specifically, the City Council has found that the Agreement: (i) is consistent with the General Plan and any applicable specific plan; (ii) is in conformity with public convenience and good land use practices; (iii) will not be detrimental to the health, safety and general welfare; (iv) will not adversely affect the orderly development of property or the preservation of property values; and (v) is consistent with the provisions of Government Code Sections 65864 through 65869.5.

H. Mutual Agreement. Based on the foregoing and subject to the terms and conditions set forth herein, Developer and City desire to enter into this Agreement.

NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute as it applies to City and the Authorizing Ordinance, and in consideration of the mutual promises and covenants herein contained, and having determined that the foregoing recitals are true and correct and should be and hereby are incorporated into this Agreement, the Parties agree as follows:

1. DEFINITIONS
The following words and phrases are used as defined terms throughout this Agreement.

Each defined term shall have the meaning set forth below and shall be applicable to both the singular and plural form of any nouns and verbs of any tense.

1.1 Affiliate. “Affiliate” means, with respect to any specified Person, any Person which, directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with, such specified Person.

1.2 Agreement. “Agreement” means this Development Agreement as the same may be amended or modified from time to time.

1.3 Applications. “Application(s)” shall mean a complete application for the applicable land use approvals (such as a subdivision map, conditional use permit, etc.) meeting all of the 3 Existing Land Use Regulations, provided that any additional or alternate requirements in Future Land Use Regulations which affect the Project application shall apply only to the extent permitted by this Agreement.

1.4 Approval Date. “Approval Date” means the date of the adoption of the Authorizing Ordinance by the City Council.

1.5 Authorizing Ordinance. “Authorizing Ordinance” means Ordinance No. ___________ of City approving this Agreement.

1.6 CEQA. “CEQA” means the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.).

1.7 City. “City” means the City of Montebello, California.

1.8 City Council. “City Council” means the governing body of the City of Montebello, California.

1.9 Claims or Litigation. “Claims or Litigation” shall mean any challenge by adjacent owners or any other third parties (i) to the legality, validity or adequacy of the General Plan, Land Use Regulations, this Agreement, Development Approvals, or other actions of City, in each case, solely to the extent pertaining to the Project, or (ii) seeking damages against City as a consequence of the foregoing actions or for the taking or diminution in value of their property as a consequence of the foregoing actions.

1.10 Conditions of Approval. “Conditions of Approval” means those conditions of approval imposed by City upon the Existing Development Approvals as of the Approval Date, and any additional conditions of approval thereafter imposed by City upon Future Development Approvals in accordance with this Agreement.

1.11 Control. “Control,” or any derivative thereof, when used with respect to any specified Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such Person, whether through ownership of voting securities or partnership or membership or other ownership interests, by contract or otherwise; provided, however, that, without limiting the generality of the foregoing, (i) a general partner shall always be deemed to Control any general partnership, limited partnership, or limited liability partnership of which it is a general partner, and (ii) a manager shall always be deemed to Control any limited liability company of which it is a manager.

1.12 City Manager. “City Manager” means the City Manager of the City of Montebello, California.

1.13 Developer. “Developer” means Magna & Magna, Inc., a California corporation, and any assignee or transferee in accordance with Section 11.

1.14 Developer Fees. “Developer Fees” mean those fees established and adopted by City with respect to development and its impacts pursuant to applicable governmental requirements, including Section 66000, et seq., of the Government Code of the State of California, including 4 impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on or in connection with new development but only when imposed by the City.

Developer Fees does not mean or include Processing Fees.

1.15 Development. “Development” means the remediation of the Property in preparation for development and the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project including, grading and the construction of subsurface structures; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of structures and buildings in accordance with the Development Approvals during the Term of this Agreement; and the installation of landscaping; but not including the maintenance, repair, or redevelopment of any structures, improvements or facilities after the construction and completion thereof.

1.16 Development Agreement Statute. “Development Agreement Statute” means Sections 65864 through 65869.5 of the California Government Code as in effect on the Approval Date, as the same may thereafter be amended.

1.17 Development Approvals. “Development Approvals” means all site-specific (meaning specifically applicable to the Property or the Development thereof only and not generally applicable to some or all other properties within the City) plans, maps, permits, and entitlements to use of every kind and nature. Development Approvals includes, but is not limited to, specific plans, site plans, tentative and final subdivision maps, vesting tentative maps, variances, zoning designations, planned unit developments, conditional use permits, grading, building, and other similar permits, the site-specific provisions of general plans (including, without limitation, the General Plan), environmental assessments, including environmental impact reports, and any amendments or modifications to those plans, maps, permits, assessments and entitlements. The term Development Approvals does not include rules, regulations, policies, and other enactments of general application within the City (except to the extent applicable to the Property or the Development thereof as provided above).

1.18 Development Plan. “Development Plan” means the Existing Development Approvals, Future Development Approvals (if any), and Existing Land Use Regulations.

1.19 Exaction. “Exaction” means dedications of land, payment of Developer Fees and/or construction of public infrastructure by Developer as part of the Development.

1.20 Existing Developer Fees. “Existing Developer Fees” mean the Developer Fees applicable to the Property and/or the Development thereof in effect as of the Approval Date.

1.21 Existing Development Approvals. “Existing Development Approvals” means the following Development Approvals approved in connection with case numbers PC-2021-0008-PDPMP-SPR and ENV No. 04-22-SE, which are incorporated and made a part of this Agreement:
(a) Planned Development District and Precise Plan of Development, including Density Overlay and Height Overlay;
(b) Site Plan Review;
5 (c) This Development Agreement;
(d) Parking Management Plan; and
(e) Sustainable Communities Project Exemption

1.22 Existing Land Use Regulations. “Existing Land Use Regulations” means those certain Land Use Regulations applicable to the Property and/or the Development thereof in effect on the Approval Date.

1.23 Future Developer Fees. “Future Developer Fees” mean any Developer Fees applicable to the Property and/or the Development thereof not in effect as of the Approval Date.

Future Developer Fees which affect the Project shall apply only to the extent permitted by this Agreement.

1.24 Future Development Approvals. “Future Development Approvals” means those Development Approvals applicable to the Property and/or the Development thereof approved by City after the Approval Date, if any, such as more detailed planning and engineering approval requirements. Future Development Approvals which affect the Project shall apply only to the extent permitted by this Agreement.

1.25 Future Land Use Regulations. “Future Land Use Regulations” means any Land Use Regulations applicable to the Property adopted or enacted after the Approval Date including, without limitation, any modification or amendment of Existing Land Use Regulations after the Approval Date. Future Land Use Regulations which affect the Project shall apply only to the extent permitted by this Agreement.

1.26 General Plan. “General Plan” shall mean the general plan of the City of Montebello in effect on the Approval Date.

1.27 Holder. “Holder” or “holder” means the holder of any mortgage, deed of trust, or other security interest, or the lessor under a lease-back, or the grantee under any other conveyance for financing, as provided in Section 15.

1.28 Land Use Regulations. “Land Use Regulations” means those ordinances, laws, statutes, rules, regulations, initiatives, policies, requirements, guidelines, constraints, codes or other actions of City which affect, govern, or apply to the Property or the implementation of the Development Plan. Land Use Regulations include the ordinances and regulations adopted by City which govern permitted uses of land, density and intensity of use and the design of buildings, applicable to the Property, including, but not limited to, the General Plan, specific plans, zoning ordinances, development moratoria, implementing growth management and phased development programs, ordinances and park codes, any other similar or related codes and building and improvements standards, mitigation measures required in order to lessen or compensate for the adverse impacts of a project on the environment and other public interests and concerns or similar matters. The term Land Use Regulations does not include, however, regulations relating to the conduct of business, professions, and occupations generally; taxes and assessments; regulations for the control and abatement of nuisances; uniform building codes; encroachment and other 6 permits and the conveyances of rights and interests which provide for the use of or entry upon public property; any exercise of the power of eminent domain; or similar matters.

1.29 SCPE. “SCPE” means the Sustainable Communities Project Exemption adopted by the City Council Resolution No._____ adopted on ______, as being in compliance with CEQA..

1.30 Mortgage. “Mortgage” or “mortgage” means any mortgage (whether a leasehold or feehold mortgage or otherwise), deed of trust (whether a leasehold or feehold deed of trust or otherwise), or other security interest, or sale and lease-back, or any other form of conveyance for financing, as provided in Section 15.1.

1.31 Non-Defaulting Party. “Non-Defaulting Party” means the Party other than the Defaulting Party.

1.32 Operative Date. “Operative Date” means the date this Agreement becomes operative with respect to the Development of the Property and the Project as set forth in Section

3.2. 1.33 Person. “Person” means any individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, association, firm, joint stock company, trust, estate, unincorporated association, governmental or quasigovernmental body, authority or agency, or other entity.

1.34 Planning Commission. “Planning Commission” means the Planning Commission of the City.

1.35 Planning Director. “Planning Director” shall mean the Planning & Community Development Director or similar officer of the City.

1.36 Processing Fees. “Processing Fees” means all processing fees and charges required by the City in connection with the Development of the Property and the Project, including, but not limited to, fees for land use Applications, building permit Applications, building permits, grading permits, subdivision or parcel maps, inspection fees and certificates of occupancy. Processing Fees shall not mean or include Developer Fees.

1.37 Project. “Project” means the project consisting of Project A and Project B as approved on the Property pursuant to the Development Plan and this Agreement.

1.38 Transfer. “Transfer” means any hypothecation, sale, conveyance, lease, assignment or other transfer of the Developer’s rights under this Agreement or of the Property together with any rights or obligations under this Agreement.

2. EXHIBITS
The following are the Exhibits to this Agreement:

Exhibits A-1 and A-2:Legal Description of the Property (Project A Site and Project B Site)
7 Exhibits B-1 and B-2: Site Map of the Property (Project A Site and Project B Site) Exhibit C-1 and C-2: Form of Affordable Housing Covenant (Project A Site and Project B Site)
This Agreement includes the foregoing Exhibits which are attached hereto and are incorporated herein in their entirety.

3. TERM

3.1 Term. The term of this Agreement (the “Term”) shall commence upon the Approval Date and shall terminate on the tenth (10th) anniversary of the Operative Date. In addition, the term of any and all Development Approvals (including the Existing Development Approvals) shall automatically be extended for the longer of the Term or the term otherwise applicable to such Development Approvals. In the event that a referendum petition concerning this Agreement is duly filed in such a manner that the ordinance approving this Agreement is suspended, then the Term is deemed to commence upon City Council certification of the results of the referendum election approving this Agreement. Upon the expiration of the Term, this Agreement shall terminate and be of no further force or effect; provided, however, such termination shall not affect any right or duty of a Party hereto, arising out of any Development Approval or the provisions of this Agreement, in effect on or prior to the effective date of such termination.

3.2 Operative Date. This Agreement shall become effective immediately upon the Approval Date for the limited purpose of effectuating necessary provisions of this Agreement (e.g., definition of Existing Land Use Regulations, the Indemnity provisions of Section 12, etc.), but this Agreement shall not become fully operative with respect to the Development of the Property and the Project until such time that the Authorizing Ordinance adopting this Agreement becomes effective.

4. DEVELOPMENT OF THE PROPERTY; DEVELOPER OBLIGATIONS.

4.1 Right to Develop. During the Term, Developer shall have a vested right to develop the Property to the full extent permitted by the Development Plan and this Agreement. Except as expressly provided in this Agreement, the Development Plan shall exclusively control the development of the Property (including the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Project and the development of the Property). Except as expressly provided in this Agreement, any Future Land Use Regulations shall not be applied to the Project unless Developer gives written notice to City of its election to have such Future Land Use Regulations applied to the Project or such Phase. Developer may elect to develop and construct upon the Property or any portion thereof a Development of lesser height, size, or density than that permitted provided that such Development otherwise complies with the Development Plan and this Agreement.

4.2 Permitted Uses. The use allowed on the Property shall consist of two projects (Project A and Project B), with a total of one hundred fifty-six (156) multi-family apartment units 8 in two buildings. Project A includes 140 dwelling units in a four-story building with a height of 47 feet as measured from the street frontage and a total of 298 parking spaces in two subterranean parking levels. Project B includes 16 dwelling units in a three-story building with a height of 34 feet, six inches and a total of 30 parking spaces in an enclosed at-grade parking level.

4.3 Public Benefits; Developer and Processing Fees. Except as otherwise provided in this Agreement, Developer shall provide to the City the following public benefits and applicable Developer Fees and Processing Fees:
(a) Public Benefits to City. In consideration of the benefits and privileges afforded under this Agreement, Developer shall pay to the City the following Public Benefits:
i. On-Site Affordable Housing. Developer shall make
available a total of thirty (30) units within Project A and two (2) units within Project B at an affordable rent, adjusted for household size, to Lower Income Households (as defined in California Health and Safety Code Section 50079.5 and as periodically published by the California Department of Housing and Community Development). For each of Project A and Project B, Developer shall enter into an “Affordable Housing Agreement” with the City in the form attached hereto as Exhibit C, setting forth its obligations to provide and maintain the affordable housing units for a term of 55 years. Each Affordable Housing Agreement shall be executed by Developer and be recorded against the applicable portion of the Property prior to City issuance of a certificate of occupancy for Project A or Project B, as applicable. For the avoidance of doubt, this Section

4.3(a)(i.) is subject to Section 5.1 of this Agreement, it shall not obligate Developer to construct the Project or any portion thereof, and Developer shall not be in breach or default under this Section

4.3(a)(i.) in the event that Developer does not construct the Project or any portion thereof. ii. Off-Site Transit Stop Enhancements. Prior to the issuance of the first certificate of occupancy, Developer shall pay to City a one-time payment not to exceed Fifteen-Thousand Dollars ($15,000) ______________ for transit stop enhancements to the nearest transit stop along the westbound route located at Whittier Boulevard and 2nd Street. iii. One-Time Development Agreement Fee. Within ten (10) days of the Approval Date, Developer shall pay to the City a one-time, non-refundable Development Agreement Fee in the amount of Five-Thousand Dollars ($5,000) (“Development Agreement Fee”) for costs associated with the preparation and review of this Agreement by City’s staff, its legal counsel, and consultants. The Development Agreement Fee shall be separate from and in addition to Developer Fees and Processing Fees required under this Agreement. (b) Developer Fees. Developer shall pay to the City the following Developer Fees:
i. Development Tax to the City in the amount required by Montebello Municipal Code Chapter 3.24 prior to issuance of building permits. ii. Parkland Fees to the City in the amount required by Montebello Municipal Code Chapter 17.77 prior to issuance of building permits. 9 (c) Processing Fees. All applicable Processing Fees in effect at the time said Processing Fee is due, provided that the Processing Fee is not imposed in a manner that discriminates against the Developer or the Project.

4.4 Obligations of Developer Respecting Project Costs. Except as specifically provided herein, it is expressly understood that Developer is fully responsible for the cost of the Project and obtaining any necessary construction or long-term financing therefor.

5. DEVELOPMENT TIMING

5.1 Right of Developer to Control Development and Timing. Developer cannot fully predict the timing, phasing, or sequencing in which the Project will be developed, if at all. Such decisions depend upon numerous factors, many of which are not completely within the control of Developer, such as market orientation and demand, interest rates, absorption, completion, availability of financing, and the state of the general economy. Therefore, notwithstanding anything herein to the contrary, Developer may decide the timing, phasing, and sequencing of the Project as Developer from time to time deems appropriate in the exercise of Developer’s business judgment, this Agreement shall not in any way obligate Developer to construct the Project or any portion thereof, and Developer shall decide whether to proceed with development of the Project in its sole discretion.

6. FEES, TAXES, AND ASSESSMENTS

6.1 Future Developer Fees. Notwithstanding anything herein to the contrary, during the Term of this Agreement, the Project and Developer shall not be subject to any Future Developer Fees.

6.2 Existing Developer Fees. Notwithstanding anything herein to the contrary, during the Term of this Agreement, the Project and Developer shall not be subject to any increase in the amount of the Existing Developer Fees.

6.3 Future Processing Fees. With respect to Processing Fees, the Project and Developer shall be subject to the amount in effect at the time said Processing Fee is due, provided that the Processing Fee is not imposed in a manner which discriminates against Developer or the Project and does not exceed the estimated reasonable cost of providing the service.

6.4 Exceptions. This Agreement shall not prohibit the application of fees, taxes or assessments as follows:
(a) Developer shall be obligated to pay any applicable fees or taxes which are in effect on a City-wide basis as of the Operative Date which are not related to construction or development activities such as business license fees or taxes and utility taxes. (b) Developer shall be obligated to pay any fees as imposed pursuant to any assessment district established within the Project, provided that such assessment district is otherwise proposed or consented to by Developer.
(c) Subject to Section 5.1, Developer shall be obligated to pay any fees which 10 were imposed as Conditions of Approval in the SCPE or any other condition or mitigation measure, required as part of the approval for Existing Development Approvals consistent with this Agreement.

7. AMENDMENT OF DEVELOPMENT AGREEMENT

7.1 Initiation of Amendment. Either Party may propose an amendment to this Agreement.

7.2 Procedure. Except as set forth in Section 7.4 or Section 10.3, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance.

7.3 Consent. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the Parties hereto and recorded in the Official Records of Los Angeles County.

7.4 Minor Modifications. Implementation of the Project may require minor modifications of the details of the Development Plan and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. Therefore, non-substantive and procedural modifications of the Development Plan shall not require an amendment to this Agreement, although they shall require the written consent of both Parties.

A modification will be deemed non-substantive and/or procedural if it does not result in a material change in fees, residential density, intensity of use, permitted uses, the height and size of buildings, number of parking spaces, or the improvement and construction standards and specifications for the Project. Where applicable, a change of less than 10% to any proposed Project specifications shall not be deemed a “material change.” The determination as to whether a matter is non-substantive and procedural shall be made by the City Manager based on the advice of the City Attorney and in consultation with Developer.

The determination of the City Manager shall be final. A written record, containing the written consent of both Parties hereto, shall be made of all non-substantive and/or procedural changes.

7.5 Effect of Amendment to Development Agreement. The Parties agree that, except as may be expressly set forth in any such amendment, an amendment to this Agreement will not alter, affect, impair, modify, waive, or otherwise impact any other rights, duties, or obligations of either Party under this Agreement.

8. RESERVATIONS OF AUTHORITY

8.1 Limitations; Reservations, and Exceptions. Notwithstanding anything to the contrary set forth hereinabove, in addition to the Existing Land Use Regulations, only the following Land Use Regulations adopted by City hereafter shall apply to and govern the Development of the Property:
(a) Future Regulations. Only those Future Land Use Regulations for which 11 Developer gives City written notice of its election to have such Future Land Use Regulations applied to the Property.
(b) State and Federal Laws and Regulations. Where state or federal laws or regulations enacted after the Approval Date prevent or preclude compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the extent necessary to comply with such state or federal laws or regulations, in each case, with the prior written consent of the Parties.
(c) Public Health and Safety/Uniform Codes.
i. Future Land Use Regulations or amending Existing Land Use Regulations which are uniform codes and are based on recommendations of a multi-state professional organization and become applicable throughout City, such as, but not limited to, the Uniform Building, Electrical, Plumbing, Mechanical, or Fire Codes, provided such codes are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties.
ii. Future laws and ordinances of general applicability (“Regulations”) concerning the use of property required for public health and safety which (A) are applicable throughout the City, (B) directly result from findings by City that failure to adopt such Regulations would result in a condition injurious or detrimental to the public health and safety, and (C) that such Regulations are the only reasonable means to correct or avoid such injurious or detrimental condition, provided such Regulations are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties. This provision is not intended to and does not provide a basis for the imposition of additional Exactions or a moratorium or other like restriction on the timing of development which would impact the Development of the Project. iii. Future Land Use Regulations or amending Existing Land Use Regulations which are regional codes and are based on recommendations of a county or regional organization and which become applicable throughout the region and are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties.

8.2 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of City possess authority to regulate aspects of the Development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.

9. ANNUAL REVIEW

9.1 Annual Monitoring Review.
(a) City and Developer shall review the extent of Developer’s good faith substantial compliance with the terms and provisions of this Agreement, as well as the performance by the City of its obligations under this Agreement, on or about April 1 of each year during the Term (“Annual Monitoring Review”).
12 (b) As part of such Annual Monitoring Review, Developer shall submit a written status report to City demonstrating that, during the preceding twelve-month (12-month) period, it has been in good faith compliance with this Agreement. For purposes of this Agreement, the phrase “good faith compliance” shall mean that Developer has demonstrated that it has acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in and has substantially complied in good faith with the Developer’s material obligations under this Agreement.
(c) By March 1 of each year during the Term, the City must deliver to the Developer a copy of all staff reports prepared in connection with an Annual Monitoring Review, any prior staff reports generated during the review period, written comments from the public, and, to the extent practical, all related exhibits concerning such Annual Monitoring Review. This information shall be known as the “City Report.”
(d) Following delivery of the City Report, no later than April 1 of each year during the Term, Developer must submit a written status report to the Director addressing the good faith compliance issue set forth in Section 9.1(b) above and any issues raised by the City Report provided to the Developer in accordance with Section 9.1(c) above. (e) The actual reasonable cost of the Annual Monitoring Review shall be borne by Developer upon receipt of invoices from the City, not to exceed $1,000 for each Annual Monitoring Review.

9.2 Failure to Conduct Annual Monitoring Review. The City’s failure to review, at least annually, compliance by the Developer with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement. If the City fails to provide the City Report by March 1 of each year during the Term, Developer will be deemed to be in good faith compliance with this Agreement for the following twelve-month (12- month) period.

10. DEFAULT, REMEDIES AND TERMINATION.

10.1 Rights of Non-Defaulting Party after Default. The Parties agree that legal damages would be extremely difficult to determine and would not give the Parties the benefit of their bargain. Accordingly, the Parties agree that, subject to the provisions of Section 10.4, following the occurrence of a Default (defined below), the Party not in Default (as defined in Section 10.2 below) (the “Non-Defaulting Party”) shall have only the equitable remedy of specific performance or alternatively the ability to terminate this Agreement for a Default by the other Party (the “Defaulting Party”), subject to the procedure of notice and hearing herein. Before this Agreement may be terminated or action may be taken to obtain judicial relief, the Non-Defaulting Party shall comply with the notice and cure provisions of this Section 10. Nothing in this Section shall limit a Party’s right to recover attorneys’ fees pursuant to Section 16.5.

10.2 Notice and Opportunity to Cure. The Non-Defaulting Party in its discretion may elect to declare a default under this Agreement in accordance with the procedures hereinafter set forth for any failure or breach of the Defaulting Party to perform any material duty or obligation 13 of said Defaulting Party under the terms of this Agreement. However, prior to declaring a default, the Non-Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party to cure such breach or failure. The Defaulting Party shall be deemed in “Default” under this Agreement if the Defaulting Party has failed to take such actions and cure such breach or failure within sixty (60) days after the date of such notice (“Cure Period”). However, if a breach or failure cannot reasonably be cured within such Cure Period, then the Defaulting Party shall not be deemed in Default under this Agreement provided that the Defaulting Party commences to cure the breach within the Cure Period and thereafter diligently prosecutes such cure to completion.

10.3 Modification or Termination.
(a) If, in the case of a Default by Developer which is not timely cured after notice and within the Cure Period, in accordance with Section 10.2, City determines that this Agreement shall be modified or terminated, then City shall give notice to Developer of its intention to initiate proceedings to modify or terminate this Agreement. (b) The City Council shall hold a public hearing for any proposed termination or modification, except that any amendment or modification which does not relate to the duration of the Agreement, permitted uses of the property, density or intensity of use, height or size or proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions or requirements relating to subsequent discretionary actions relating to design, improvement, construction standards and specifications, improvement and construction standards or any other condition or covenant relating to the use of the property shall not require a noticed public hearing before the City Council.
(c) The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation. Upon receipt of any such report and recommendation and the completion of the public hearing, if any, the City Council shall take final action on the modification or termination. Developer must demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof is upon the Developer. The hearing shall be administrative with no public testimony, unless the Council otherwise determines.

Developer shall have the opportunity to present written or oral testimony. As part of that final determination, the City Council may impose conditions which it considers necessary and appropriate to protect public health, safety and welfare and the interests of the City. The decision of the City Council must be by a majority of its membership, and shall be final, except for judicial review thereof.
(d) Notwithstanding anything in this Agreement to the contrary, there shall be no modification of this Agreement without Developer’s written consent thereto. If the City Council determines that modification of this Agreement is appropriate pursuant to this Section 10.3, City shall inform Developer of such proposed modification and, unless Developer consents in writing to such modification, City shall have the right to proceed with termination of this Agreement pursuant to the provisions of this Section 10.

10.4 No Specific Performance to Construct Project. Notwithstanding the provisions of 14 Section 10.1, City shall not have the right to specifically enforce against Developer any provisions of this Agreement, nor in any way to compel Developer to either start or complete the Project, nor to seek any monetary damages from Developer for Developer’s failure to start or complete the Project.

10.5 Intentionally Omitted.

10.6 Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except (i) with respect to any obligations that accrued prior to said termination or with respect to any Default in the performance of the provisions of this Agreement which has occurred prior to said termination, (ii) with respect to any indemnity obligations set forth herein which accrued prior to said termination, and (iii) with respect to any right or duty arising from entitlements or approvals, including the Development Approvals, applicable to the Property approved prior to the effective date of the termination.

11. TRANSFERS

11.1 Right to Transfer.
(a) General. Developer may Transfer its interests, rights or obligations under this Agreement with respect to the Property, or any portion thereof, to any person at any time (a “Transferee”) during the term of this Agreement without approval of the City. For purpose of this Agreement, the Transferee must be considered the “owner” of that portion of the Property which is covered by such transfer.
(b) Assumption Agreement. Upon a Transfer of this Agreement, Developer shall be released and relieved of its legal duty from the assigned obligations under this Agreement, except to the extent Developer is in Default under the terms of this Agreement prior to said Transfer, if (i) Developer has provided to City prior or subsequent written notice of such Transfer, and (ii) the Transferee has expressly assumed in writing, in a form reasonably acceptable to City, the assigned obligations of Developer. Following any such Transfer of any of the rights and interests of Developer under this Agreement, in accordance with Section 10.1(a) above, the exercise, use, and enjoyment of such rights shall continue to be subject to the terms of this Agreement to the same extent as if the Transferee were Developer; provided, however, that, to the extent released as provided above, any Default by Developer shall not constitute a Default by the Transferee, and any Default by such Transferee shall not constitute a Default by Developer or any other Transferee.
(c) If a Transferee defaults with respect to any provision of this Agreement, Developer may, but is not obligated to, resume Transferee’s obligations upon written notification to City.

12. INDEMNITY

12.1 Third-Party Litigation.
(a) Non-liability of City. As set forth above, City has determined that this 15 Agreement is consistent with the General Plan and that the General Plan and Development Approvals meets all of the legal requirements of state law. The Parties acknowledge that:
i. In the future there may be challenges to the legality, validity and adequacy of the General Plan, the Development Approvals and/or this Agreement; and ii. If successful, such challenges could delay or prevent the performance of this Agreement and the development of the Property.

In addition to the other provisions of this Agreement, including, without limitation, the provisions of this Section 12, City shall have no liability under this Agreement for any failure of City to perform under this Agreement or the inability of Developer to develop the Property as contemplated by the Development Plan or this Agreement as the result of a judicial determination that, on the Approval Date, or at any time thereafter, the General Plan, the Land Use Regulations, the Development Approvals, this Agreement, or portions thereof, are invalid or inadequate or not in compliance with law.
(b) Revision of Land Use Restrictions. If for any reason the General Plan, Land Use Regulations, Development Approvals, this Agreement or any part thereof is hereafter judicially determined as provided above to be not in compliance with the State or Federal Constitutions, laws or regulations and, if such noncompliance can be cured by an appropriate amendment thereof otherwise conforming to the provisions of this Agreement, then this Agreement shall remain in full force and effect to the extent permitted by law. The Development Plan, Development Approvals and this Agreement shall be amended, as necessary and with the Parties’ prior written consent, in order to comply with such judicial decision. (c) Participation in Litigation; Indemnity. Developer agrees to indemnify City and its elected boards, commissions, officers, agents and employees and will hold and save them and each of them harmless from any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including, but not limited to, attorneys’ fees and costs) against the City for any Claims or Litigation which arise during the Term of this Agreement, except to the extent such Claims or Litigation are the result of the City’s sole negligence or intentional misconduct. City shall promptly provide Developer with notice of the pendency of any such Claims or Litigation and request that Developer defend the same. If City fails promptly to notify Developer of any such Claims or Litigation or fails to cooperate fully in the defense thereof, Developer shall not, thereafter, be responsible to defend, indemnify, or hold harmless City.

Developer may utilize the City Attorney’s office or use legal counsel of Developer’s choosing, but shall reimburse City for any necessary legal cost incurred by City. If Developer fails to do so, City may defend the Claims or Litigation and Developer shall pay the cost thereof, but if City chooses not to defend the Claims or Litigation, it shall have no liability to Developer. Developer’s obligation to pay the defense cost shall extend until judgment and thereafter through any appeals.

In the event of an appeal, or a settlement offer, the Parties will confer in good faith as to how to proceed and the resolution of any such appeal and the Parties’ response to any such settlement offer shall require the consent of both Parties, which consent shall not be unreasonably withheld. 16 12.2 Hold Harmless: Developer’s Construction and Other Activities. Developer hereby agrees to, and shall defend, save and hold City and its elected and appointed board commissions, officers, agents, and employees harmless from any and all claims, costs (including attorneys’ fees) and liability for any third party damages, personal injury or death, which may arise, directly or indirectly, from Developer’s or Developer’s agents, contractors, subcontractors, agents, or employees’ performance under this Agreement, whether such performance be by Developer or by any of Developer’s agents, contractors or subcontractors or by any one or more Persons directly or indirectly employed by or acting as agent for Developer or any of Developer’s agents, contractors or subcontractors, in each case, during the Term of this Agreement and except to the extent such Claims or Limitation are the result of the City’s negligence or intentional misconduct.

City shall promptly provide Developer with notice of the pendency of any such claim, action or proceeding against City and request that Developer defend the same. If City fails promptly to notify Developer of any such claim, action or proceeding or fails to cooperate fully in the defense thereof, Developer shall not, thereafter, be responsible to defend, indemnify, or hold harmless City.

Nothing herein is intended to make Developer liable for the acts or negligent omissions of City’s officers, employees, agents, contractors of subcontractors or any liability arising therefrom.

12.3 Survival of Indemnity Obligations. All indemnity obligations set forth in this Agreement shall survive termination of this Agreement for any reason other than City’s Default.

13. EFFECT OF AGREEMENT ON TITLE

13.1 Subject to the provisions of Sections 11 and 15:
(a) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other Persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of laws or in any manner whatsoever and shall inure to the benefit of the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns;
(b) All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law; and (c) Each covenant to do or refrain from doing some act on the Property hereunder (i) is for the benefit of and is a burden upon every portion of the Property, (ii) runs with such lands, and (iii) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and each Person having any interest therein derived in any manner through any owner of such lands, or any portion thereof, and each other Person succeeding to an interest in such lands.

14. PARTIES’ OFFICERS AND EMPLOYEES; NON-DISCRIMINATION

14.1 Non-liability of Parties’ Officers and Employees. No official, agent, contractor, or employee of City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Developer or to its 17 successor, or for breach of any obligation of the terms of this Agreement. No member, official, agent, contractor, or employee of Developer shall be personally liable to City, or any successor in interest, in the event of any default or breach by Developer or for any amount which may become due to City or to its successor, or for breach of any obligation of the terms of this Agreement.

14.2 Conflict of Interest, Warranty, and 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 interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute, ordinance or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interest found to be “remote” or not an “interest” pursuant to California Government Code Sections 1091 through 1091.5.

Developer 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 this Agreement other than customary expenses of attorneys, advisors, consultants and other similar third parties assisting Developer in the negotiation and documentation of this Agreement.

Developer further warrants and represents that 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 or consequence of obtaining or being awarded any agreement other than customary expenses of attorneys, advisors, consultants and other similar third parties assisting Developer in the negotiation and documentation of this Agreement. Developer is aware of and understands that any such act(s), omission(s) or other conduct in violation of applicable law resulting in the payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

14.3 Covenant Against Discrimination. Developer 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, marital status, national origin, or ancestry in the performance of this Agreement.

15. MORTGAGEE PROTECTION.

15.1 Developer’s Breach Not Defeat Mortgage Lien. Developer’s breach of any of the covenants or restrictions contained in this Agreement shall not defeat or render void or invalid the lien of any mortgage made in good faith and for value but unless otherwise provided herein, the terms, conditions, covenants, restrictions, easements, and reservations of this Agreement shall be binding and effective against the holder of any such mortgage whose interest is acquired by foreclosure, trustee’s sale, deed or assignment in lieu thereof, or otherwise.

15.2 Holder Not Obligated to Construct or Complete Improvements. The holder of any mortgage shall in no way be obligated by the provisions of this Agreement to construct or complete 18 the improvements or to guarantee such construction or completion. Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Project or any portion thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement, the Development Plan, or applicable law.

15.3 Notice of Default to Mortgagee, Deed of Trust or Other Security Interest Holders.

Whenever City shall deliver any notice or demand to Developer with respect to any Default or alleged Default by Developer hereunder, City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage who has previously made a written request to City therefor, or to the representative of such holder as may be identified in such a written request by such holder.

15.4 Right to Cure. Each holder (insofar as the rights of City are concerned) shall have the right, at its option, within thirty (30) days after the receipt of the notice, and thirty (30) days after Developer’s cure rights under Section 10.2 have expired, whichever is later, to:
(a) Commence to obtain possession, if necessary, and commence and diligently pursue said cure until the same is completed, and
(b) Add the cost of said cure to the security interest debt and the lien or obligation on its security interest.

15.5 Changes Requested by Lenders. City acknowledges that any prospective lender(s) providing financing for the Project may require or desire certain modifications to the terms of this Agreement (including, without limitation, the terms of this Section 15) and City agrees upon request, from time to time, to meet with Developer and representatives of such lender(s) to negotiate in good faith any such request for modifications of this Agreement. City shall not unreasonably withhold its consent to any such requested modification provided such modification is consistent with the intent and purposes of this Agreement. Any such modifications shall be considered minor modifications subject to the provisions of Section 7.4.

16. GENERAL

16.1 Estoppel Certificates. Either Party (or a holder or prospective holder of a mortgage under Section 15) may at any time and from time to time deliver written Notice to the other Party requesting an estoppel certificate (the “Estoppel Certificate”) stating:
(a) This Agreement is in full force and effect and is a binding obligation of the Parties;
(b) This Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; and (c) There are no existing defaults under this Agreement to the actual knowledge of the Party signing the Estoppel Certificate or, if there are existing defaults, identifying them.

A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to 19 the requesting Party within thirty (30) days after receipt of the request. An Estoppel Certificate may be relied on by assignees and holders or prospective holders of a mortgage.

16.2 Force Majeure. The Term of this Agreement and the time within which Developer or City shall have the right or be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed due to war, acts of terrorism, insurrection, strikes, lock-outs, other labor disputes, labor or material shortages, riots, civil disturbances, floods, earthquakes, fires, windstorms, hail, casualties, natural disasters, acts of God, acts of the public enemy, epidemics or pandemics, quarantine or other public health restrictions, freight embargoes, lack of transportation attributable to any of these, acts or failure to act of the other Party, acts or the failure to act of any public or governmental agency or entity (except that acts or failure to act of the City shall not excuse performance by City), legal or governmental restrictions on priority, initiative or referendum, moratoria, processing with governmental agencies other than City, unusually severe weather, third party Claims or Litigation as described in Section 12.1 of this Agreement, or any other similar causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause if written notice by the Party claiming such extension is sent to the other Party within thirty (30) days of obtaining knowledge of the commencement of the cause, or from the time such written notice by the Party claiming such extension is actually sent to the other Party, if such written notice is sent more than thirty (30) days after obtaining knowledge of the commencement of the cause. Any act or failure to act on the part of a Party shall not excuse performance by that Party.

16.3 Construction of Development Agreement. The language of this Agreement shall be construed as a whole and given its fair meaning. The captions of the sections and subsections are for convenience only and shall not influence construction. This Agreement shall be governed by the laws of the State of California. This Agreement shall not be deemed to constitute the surrender or abrogation of City’s governmental powers over the Property.

16.4 Severability. If any provision of this Agreement is adjudged invalid, void or unenforceable, that provision shall not affect, impair, or invalidate any other provision, unless such judgment affects a material part of this Agreement in which case the Parties shall comply with the procedures set forth in Section 12.1(b).

16.5 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend any action or proceeding against the other Party in connection with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ fees shall be entitled to all other reasonable, out-of-pocket costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted.

16.6 Joint and Several Obligations. All obligations and liabilities of Developer 20 hereunder shall be joint and several among the obligees comprising Developer (if more than one).

16.7 Time of Essence. Time is of the essence in:
(a) The performance of the provisions of this Agreement as to which time is an element; and
(b) The resolution of any dispute which may arise concerning the obligations of Developer and City as set forth in this Agreement.

16.8 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the Default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

16.9 No Third-Party Beneficiaries. The only parties to this Agreement are Developer and City. Except with respect to the holder or prospective holder of any mortgage who shall be entitled to rely upon the provisions of Section 15 hereof to the same extent as if such holder were a party to this Agreement, there are no third-party beneficiaries of this Agreement and this Agreement is not intended, and shall not be construed, to benefit or be enforceable by any other Person whatsoever.

16.10 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.

16.11 Relationship of Parties. It is specifically understood and agreed by and between the Parties that the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that such Party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement.

16.12 Notice.
(a) To Developer. Any notice required or permitted to be given by City to Developer under this Agreement shall be in writing and delivered (1) personally to Developer or sent by courier or delivery service (and not the United States Postal Service), return receipt requested and with signature required, and (2) by e-mail, addressed as follows:

Magna & Magna, Inc.
1520 Washington Blvd. #100
Montebello, CA 90640
Attention: Mark D. Magna
E-Mail: [email protected]
or such other address as Developer may designate in writing to City.

With a copy to:
21 Mark Armbruster
Armbruster Goldsmith & Delvac LLP
12100 Wilshire Blvd., Suite 1600
Los Angeles, CA 90025
E-Mail: [email protected]
(b) To City. Any notice required or permitted to be given by Developer to City under this Agreement shall be in writing and delivered personally to the City Clerk or sent by courier or delivery service (and not the United States Postal Service), return receipt requested and with signature required, addressed as follows:

City of Montebello
1600 W Beverly Blvd
Montebello, CA 90640
Attention: Planning & Community Development Director
With a copy to:

Alvarez-Glasman & Colvin
13181 Crossroads Parkway North Suite 400 West Tower
City of Industry, CA 91746
Attn: Arnold M. Alvarez-Glasman, City Attorney
or such other address as City may designate in writing to Developer.

Notices provided pursuant to this Section shall be deemed received as of the earlier of (i) date of delivery as shown on the affidavit of personal service or the courier or delivery service receipt or (ii) date receipt of e-mail notice is acknowledged.

16.13 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent necessary to implement this Agreement.

Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

16.14 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions, and agreements between the Parties. No parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement.

16.15 Recitals. The recitals in this Agreement constitute part of this Agreement and each Party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement.

16.16 Counterparts. This Agreement may be executed by the Parties in counterparts which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
22 16.17 Recording. The City Clerk shall cause a copy of this Agreement to be executed by City and recorded in the Official Records of Los Angeles County no later than ten (10) days after the Operative Date. The recordation of this Agreement is deemed a ministerial act and the failure of City to record this Agreement as required by this Section and the Development Agreement Statute does not make this Agreement void or ineffective.

16.18 Authority to Execute. 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 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 of this Agreement, (iv) the entering into of this Agreement does not violate any provision of any other Agreement to which said Party is bound, and (v) there is no litigation or legal proceeding which would prevent such Party from entering into this Agreement.
[Signatures on the following page(s)]
23 IN WITNESS WHEREOF, City and Developer have executed this Agreement on the date first above written.

MAGNA & MAGNA, INC., a California
corporation
By:

Name: Mark D. Magna
Title: President
APPROVED AS TO FORM:

By: _
Arnold M. Alvarez-Glasman
City Attorney
CITY OF MONTEBELLO, a municipal
corporation
By:

Name: Rene Bobadilla
Title: City Manager
ATTEST:

By: ______________________________
Christopher Jimenez
City Clerk
EXHIBIT “A-1”
Legal Description (Project A Site)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

THE SOUTHERLY 49 FEET OF THE NORTHERLY 231 FEET OF THE WESTERLY ONEHALF OF LOT 102 OF MONTEBELLO, IN THE CITY OF MONTEBELLO, AS PER MAP RECORDED IN BOOK 78, PAGE 19 OF MISCELLANEOUS RECORDS, IN THE OFFICE

OF THE COUNTY RECORDER OF SAID COUNTY, SAID DISTANCES BEING MEASURED FROM THE CENTER LINE OF POPLAR AVENUE, 60 FEET WIDE.

APN: 6347-011-013
PARCEL 2:

THAT PORTION OF THE SOUTHERLY 99.00 FEET OF THE WESTERLY ONE HALF OF LOT 102 OF MONTEBELLO, IN THE CITY OF MONTEBELLO, AS PER MAP RECORDED IN BOOK 78, PAGE(S) 19 ET SEQ. OF MISCELLANEOUS RECORDS OF SAID COUNTY; WHICH LIES SOUTHWESTERLY OF THE NORTHEASTERLY 231.00 FEET OF SAID LOT AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT A POINT IN THE SOUTHERLY LINE OF LOT 102 DISTANT SOUTH 75°53’40 EAST 148.96 FEET FROM THE INTERSECTION OF SAID SOUTHERLY LINE WITH THE EASTERLY LINE OF A STRIP OF LAND UNIFORM DEPTH OF 100.00 FEET

EXTENDING THE EAST LINE OF POPLAR AVENUE FROM THE NORTH LINE OF WHITTIER AVENUE (NOW WHITTIER BOULEVARD) TO SAID LOT 102 AS DESCRIBED IN DEED RECORDED IN BOOK 2720, PAGE 129 OF DEEDS; THENCE NORTH 50°37’43” EAST 45.93 FEET; THENCE NORTH 19°26’30” EAST 62.36 FEET TO A POINT IN THE SOUTHERLY LINE OF THE NORTHERLY 231.00 FEET OF SAID LOT 102.

RESERVING UNTO THE GRANTOR, AN EASEMENT FOR WATERLINE PURPOSES OVER THE SOUTHERLY 5.00 FEET OF SAID LAND, SAID EASEMENT TO BE

APPURTENANT TO AND FOR THE BENEFIT OF THE LAND AND ANY PART OR

PORTION THEREOF, OWNED BY THE GRANTOR, ADJOINING SAID LAND ON THE EAST.

EXCEPT ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET OR MORE FROM THE SURFACE OF THE

FOLLOWING DESCRIBED LAND, BUT WITHOUT THE RIGHT TO ENTER AND USE THE SURFACE OF THE SUBSURFACE LYING ABOVE A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, AS GRANTED TO FAR WEST OIL CO., A LIMITED PARTNERSHIP, BY DEED RECORDED AUGUST 16, 1971 AS INSTRUMENT NO. 3237 AND 3239.

APN: 6347-011-019
PARCEL 3:

THAT PORTION OF LOT “B” OF MONTEBELLO, IN THE CITY OF MONTEBELLO,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 78, PAGE(S) 19 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF LOT 102 OF SAID MONTEBELLO; THENCE SOUTH 75°53’40” EAST ALONG THE SOUTHERLY LINE OF SAID LOT 102, 300.00 FEET; THENCE SOUTHWESTERLY 277.94 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO W. W. BLACK, BY DEED RECORDED IN BOOK 6621, PAGE 288 OF DEEDS; THENCE NORTHWESTERLY

ALONG THE NORTHERLY LINE THEREOF, AND PARALLEL WITH THE NORTHERLY LINE OF THE WHITTIER AVENUE 102.68 FEET TO THE WESTERLY LINE OF SAID LOT “B” BEING ALSO THE EASTERLY LINE OF POPLAR AVENUE; THENCE NORTHEASTERLY 169.70 FEET TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT SAID NORTHEAST CORNER OF THE LAND CONVEYED TO SAID W.

W. BLACK; THENCE NORTH 50°22’02” EAST 1.87 FEET; THENCE NORTH 56°48’03” EAST 45.04 FEET; THENCE NORTH 50°37’43” EAST 197.10 FEET TO THE SOUTHERLY LINE OF SAID LOT 102 DISTANT THEREON SOUTH 75°53’40” EAST 148.96 FEET

FROM THE INTERSECTION OF SAID SOUTHERLY LINE WITH THE EASTERLY LINE OF A STRIP OF LAND UNIFORM DEPTH OF 100.00 FEET EXTENDING ALONG THE

EAST LINE OF POPLAR AVENUE FROM THE NORTH LINE OF WHITTIER AVENUE (NOW WHITTIER BOULEVARD) TO SAID LOT 102, AS DESCRIBED IN THE DEED RECORDED IN BOOK 2720, PAGE 129 OF DEEDS.

EXCEPT ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET OR MORE FROM THE SURFACE OF THE

APN: 6347-012-008
EXHIBIT “A-2”
Legal Description (Project B Site)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

MONTEBELLO IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL A:

LOT 8, OF TRACT NO. 7783, IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 99, PAGE 60 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 6346-020-012
PARCEL B:

LOT 10, OF TRACT NO. 7783, IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 99, PAGE 60 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 6346-020-013
27 EXHIBIT “B-1”
Site Plan
(Project A Site)
28 EXHIBIT “B-2”
Site Plan
(Project B Site)
29 EXHIBIT “C-1”
Form of Affordable Housing Covenant
(Project A)
30 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Montebello
1600 W. Beverly Blvd.

Montebello, CA 90640
Attn: Director of Planning and Community Development
WITH COPY TO:

Magna & Magna, Inc.
1520 Washington Blvd. #100
Montebello, CA 90640
Attention: Mark D. Magna

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees pursuant to Government Code
Section 27383

PROJECT A

AFFORDABLE HOUSING REGULATORY AGREEMENT
AND

DECLARATION OF RESTRICTIVE COVENANTS
Between

THE CITY OF MONTEBELLO,
a municipal corporation
(“City”)
and
MAGNA & MAGNA, INC.,
a California corporation
(“Developer”)
31 Development Agreement Exhibit C-1

AFFORDABLE HOUSING REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (this “Agreement”) is entered into for reference purposes as of ______________, 20__ (the “Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (“City”) and MAGNA & MAGNA, INC., a California corporation (“Developer”). City and Developer are individually referred to herein as a “Party” and collectively as the “Parties.”

R E C I T A L S
A. Developer holds a legal or equitable interest in certain real property which is located in the City of Montebello, and are more particularly described in the “Legal Description of Property” attached hereto as Exhibit A (Project A Site) as shown on the “Site Map” attached hereto as Exhibit B .

B. In 2021, Developer submitted an application to City for the development of a residential housing project consisting of the development and construction of 140 residential apartment units within a 73,807 square foot development site on the Project A Site (“Project A”) and 16 units within a 12,500 square foot development site on the Project B Site (“Project B”) (collectively Project A and Project B are referred to as the “Project”), of which, thirty (30) units within Project A and two (2) units within Project B shall be restricted to and available at affordable rent, adjusted for household size, to Lower Income Households (as defined in California Health and Safety Code Section 50079.5 and as periodically published by the California Department of Housing and Community Development for a term of fifty-five years (55).

C. On _____________, 20___, the City Council adopted, Ordinance No. ________________ approving a development agreement dated __________, 20__ pursuant to Government Code Sections 65864 et seq. authorizing the development of the Project affording the Developer greater project latitude, flexibility, development certainty, and vested rights to complete the Project in exchange for certain public benefits provided to the City (the “Development Agreement”).

D. As a material consideration for the long term assurances, vested rights, and other City obligations provided by the Development Agreement and as a material inducement to City to enter into the Development Agreement, Developer offered and agreed to provide the Affordable Units, among other public benefits, pursuant to Section 4.3 of the Development Agreement.

E. To ensure the continued affordability of the Affordable Units for the Term, this Agreement shall be executed and recorded against the Property prior to the recordation of any parcel map or final subdivision map or issuance of building permits for the Project, whichever occurs first.

F. The purpose of this Agreement is to restrict the occupancy and rents of the Affordable Units for the benefit of Lower Income Households as set forth in this Agreement. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Developer and Developer’s successors and assigns for the full term of this Agreement. 32 A G R E E M E N T
NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows.

1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits:
“Adjusted for Family Size Appropriate for the Unit” means, in the absence of pertinent federal statutes applicable to the Project, adjusted for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and one additional person for every additional bedroom thereafter. “Affordable Housing Occupancy Date” means the date of issuance by City of a certificate of occupancy for the residential apartment units on the Property, to be memorialized by the Parties through execution and recordation of the Certificate of Completion. “Affordable Units” means the thirty (30) income restricted, multi-family residential rental units for occupancy by Lower Income Households..
“Applicable Laws” means all applicable laws, ordinances, statutes, codes, orders, decrees, rules, regulations, official policies, standards and specifications (including any ordinance, resolution, rule, regulation, standard, official policy, condition, or other measure) of the United States, the State of California, the County of Los Angeles, City of Montebello, or any other political subdivision in which the Project is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over City, Developer, or the Project.
“Affordable Rent” means a monthly Rent that does not exceed one-twelfth of thirty percent (30%) times 60 percent (60%) of the AMI, Adjusted for Family Size Appropriate for the Unit or, for Lower Income Households with a Gross Income that is greater than 60% of AMI, one-twelfth of thirty percent (30%) times the household’s actual Gross Income. For purposes of this definition, “Rent” includes a reasonable utility allowance for utilities, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, Internet, or cable or subscription TV plus other fees and charges required to be paid by tenants of the Affordable Units on a non-optional basis. “Area Median Income” or “AMI” means the median income for the County of Los Angeles, California, adjusted for the actual number of persons in the applicable household, as determined by HUD pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by HCD in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c).
“Certificate of Compliance” means the form attached hereto as Exhibit C. “City” means the City of Montebello, a California municipal corporation. “City Documents” means the Development Agreement and this Agreement. “City’s Authorized Representative” means the Director of Planning and Community Development, or his or her designee.
“Claims” is defined in Section 21.
33 “Developer” means Magna & Magna, Inc. or its assignee. “Effective Date” means the date set forth in the first paragraph of this Agreement. “Gross Income” means the combined, gross, pre-tax income of all adult occupants of the applicant household, as calculated under California Code of Regulations, Title 25, Section 6914. “HCD” means the State of California Department of Housing and Community Development. “HUD” means the U.S. Department of Housing and Urban Development. “Indemnitees” is defined in Section 21.
“Lower Income Households” shall have the meaning defined in California Health and Safety Code Section 50079.5 and as periodically published by the California Department of Housing and Community Development.
“Management Agreement” is defined in Section 17.b.
“Market Rate Unit” means a unit that is not restricted for rent or sale to a particular affordability level.
“Marketing and Management Plan” or “Plan” is defined in Section 17.f. “Party” or “Parties” respectively means City and Developer individually or collectively. “Project” is defined in Recital B.
“Property” is defined in Recital A.
“Property Manager” is defined in Section 17.b.
“Regulations” means Title 25 of the California Code of Regulations. “Tenant” shall mean a household occupying an Affordable Unit. “Term” means the term of this Agreement, commencing upon the Effective Date and ending on the Termination Date.
“Termination Date” is the date that is fifty-five (55) years after the Affordable Housing Occupancy Date.

2. Use and Affordability Restrictions. Developer hereby covenants and agrees, for itself and its successors and assigns, that the Affordable Units shall be used solely in compliance with the Development Agreement and Development Plans as the term is defined under Section 1.18 of the Development Agreement, and the requirements set forth herein. Developer represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Developer covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City. 34 3. Construction of Affordable Units.
a. The Parties intend that all of the Affordable Units shall be constructed concurrently with, or earlier than the construction of the Market Rate Units of Project A. City’s Authorized Representative may approve, in its sole discretion (which may be withheld for any reason), a modified construction schedule if this timing requirement will create unreasonable delays in the issuance of certificates of occupancy for Market Rate Units and if the Developer provides satisfactory assurance, as approved by the City’s Authorized Representative, that the Affordable Units will be completed prior to completion of all of the Market Rate Units. Each Affordable Unit shall be inspected by the City prior to occupancy to determine that it meets the construction and other standards required by this Agreement.
b. The design, appearance, and general quality of the Affordable Units shall be consistent with the design review standards that are part of the Development Plan and shall be of the same level of materials and finishes as Project A’s Market Rate Units.

4. Unit Size Mix for Affordable Units. The Developer shall provide Affordable Units in accordance with the following unit size mix:

Affordable
Units
Singles 0
1 Bdrm 7
2 Bdrm 22
3 Bdrm 1
Total Units 30

5. Income Mix for Affordable Units. A minimum of thirty (30) Affordable Units shall be made available for rent to Lower Income Households or lower in accordance with Section 6, below.

6. Lower Income Restrictions.
a. Affordability Requirements. For a term of fifty-five (55) years commencing upon the Affordable Housing Occupancy Date, each Affordable Unit shall be rented at an Affordable Rent to (or if vacant, available for occupancy by) a Lower Income Household. Notwithstanding the foregoing, to the extent permitted by law, if a subsidy program under Section 8 of the Housing Act of 1937, as amended, or any other comparable subsidy program, is available to a Tenant or prospective Tenant, Developer may accept and participate in the subsidy program (voucher), and rent the Affordable Unit at the rental rate established by and permitted under the program as defined by HUD, as adjusted for household size. The Tenant’s portion of the rent shall not exceed an Affordable Rent, however the Tenant’s portion can be less. The amount of rent Developer may receive through the subsidy program can exceed the Affordable Rent, however it shall not be less. b. Household Income Increases. If upon recertification of an Affordable Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Lower Income Household, then upon the expiration of such Tenant’s lease and following sixty (60) days’ notice, and if so permitted by local and state law, such tenant shall be required to vacate the unit and Developer shall rent the unit to a Lower Income Household 35 (or, in the alternative, Owner may increase the rent to market-rate rent for the Affordable Unit and designate another unit as an Affordable Unit and rent that unit to a Lower Income Household, provided that a comparable unit is then available) to restore the affordability mix required by this Agreement. In addition, should a Tenant’s Gross Income exceed the qualifying income for a Lower Income Household, and should this section cause the Tenant’s Rent to exceed the requirements of this Agreement, Developer shall still be deemed in compliance with this Agreement until such time as Tenant is required to move out pursuant to this Agreement, at which point the Affordable Unit shall be rented as an Affordable Unit as needed to restore the affordability mix required by this Agreement.

8. No Condominium Conversion. To the extent permitted by law, in the event that Developer converts Project A to condominium or cooperative tenantship or sells condominium or cooperative rights to Project A or any part thereof during the Term of this Agreement, the Affordable Units shall remain rental units under the terms of this Agreement during the Term of this Agreement.

9. Tenant Certification. For each Affordable Unit, prior to the initial occupancy of such Affordable Unit, and upon each successive lease or annual lease renewal for such Affordable Unit thereafter for the remainder of the term of this Agreement, Developer or Developer’s authorized agent shall obtain from that household a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require:
(i) The identity of each household member; and
(ii) The total household Gross Income.

Developer shall retain such certificates for not less than three (3) years, and upon City’s request, shall provide copies of such certificates to City and make the originals available for City inspection.

10. Affordable Unit Occupancy. In the Affordable Units, no fewer than one occupant shall be allowed per bedroom, unless a reasonable accommodation is required pursuant to state or federal fair housing laws. A studio shall count as a one-bedroom unit for the purposes of these occupancy requirements. If no Lower Income Households apply within sixty (60) days of an Affordable Unit being available that meet these occupancy standards, the City shall, upon request of Developer, grant exceptions to the occupancy standards, but only to the extent such exceptions are consistent with Applicable Laws, and do not increase City’s obligations or liabilities under this Agreement, or diminish or impair City’s rights and remedies under this Agreement.

11. Annual Report; Inspections. By not later than April 1 of each year during the term of this Agreement, commencing with the year following the year of the Affordable Housing Occupancy Date (reflecting information from the year of the Affordable Housing Occupancy Date), Developer shall submit an annual report (“Annual Report”) to City in a form reasonably satisfactory to City, together with Developer’s certification that the Affordable Units are in compliance with the requirements of this Agreement. The Annual Report shall, at a minimum, include the following information for each Affordable Unit: (i) unit number; (ii) number of bedrooms; (iii) current rent and other charges; (iv) dates of any vacancies during the previous year; (v) number of people residing in the unit; (vi) total gross household income of residents; (vii) documentation of source of household income; and (viii) the information required by Section 9, above. Upon the written request of City and not less than four (4) business days’ prior written notice, and at no expense to Developer, Developer shall allow City’s Authorized Representative to inspect and copy all records documenting the source of household income.

12. Non-Discrimination; Compliance with Fair Housing Laws. 36 a. Preference for Displaced and Local Residents. In order to ensure that there is an adequate supply of affordable housing within the City of Montebello for residents and employees of businesses within the City, to the extent permitted by law and consistent with the program regulations for funding sources used for development of the Affordable Units, within the pool of eligible applicants, Developer shall endeavor to give priority to qualified households with members who live or work in the city limits of Montebello. In the event there are fewer applicants for the Affordable Units that meet the criteria specified in this paragraph than there are available Affordable Units, such units shall be made available to members of the general public who are qualified Lower Income Households. Notwithstanding the foregoing, in the event of a conflict between this provision and the provisions of Section 42 of the Internal Revenue Code of 1986, as amended, the provisions of such Section 42 shall control if such provisions apply to the project due to Affordable Unit financing sources.
b. Fair Housing. Developer shall comply with state and federal fair housing laws in the marketing and rental of the Affordable Units. With respect to the Affordable Units, Developer shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto.

13. Non-Discrimination. Developer shall not restrict the rental, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Affordable Units on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Developer covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Affordable Units, nor shall Developer or any person claiming under or through Developer establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Affordable Units.

14. Reporting Requirements; Access to Information; Inspections. a. Maintenance of Records. Developer shall maintain Affordable Unit tenant leases, income certifications and other matters related to the leasing of the Affordable Units for a period of not less than three (3) years after the final date of occupancy by the tenant. Records related to compliance with this Agreement must be kept accurate and up-to-date. City shall notify Developer of any records it deems insufficient. Developer shall have thirty (30) calendar days from such notice to correct any specified reasonable deficiency in the records, or, if more than thirty (30) days shall be reasonably necessary to correct the deficiency, Developer shall begin to correct the deficiency within thirty (30) days and diligently pursue the correction of the deficiency as soon as reasonably possible.
b. Access to Records; Inspections.
(i) Developer shall provide City and its authorized agents and representatives reasonable access to any books, documents, papers and records associated with the Affordable Units for the purpose of making audits, examinations, excerpts and transcriptions in connection with monitoring compliance with this Agreement, during normal business 37 hours of Developer, upon the City’s written request and not less than four (4) business days’ prior written notice, and at no expense to Developer.
(ii) With four (4) business days’ prior written notice, during normal business hours and as often as may be deemed necessary, and at no expense to Developer, City and its authorized agents and representatives shall be permitted access to and the right to examine the Affordable Units and to interview tenants and employees of the Affordable Units, for the purpose of verifying compliance with applicable regulations and compliance with the conditions of this Agreement.
(iii) Matters discovered by City shall not be disclosed to third parties unless required by law or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights of City hereunder subject to any right of Developer to seek a protective order to prevent the disclosure of any confidential or privileged information.

15. Term of Agreement.
a. Term of Restrictions. This Agreement shall commence upon the Effective Date and shall remain in effect until the Termination Date.
b. Effectiveness Survives Conveyance of Property. This Agreement shall remain effective and fully binding on all portions of the Property for the full term hereof, regardless of any sale, assignment, transfer, refinancing, or conveyance of the Affordable Units or Project A or any part thereof or interest therein.
c. Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the Term.

16. Binding Upon Successors; Covenants to Run with the Land. Developer hereby subjects its interest in the Affordable Units to the covenants and restrictions set forth in this Agreement. City and Developer hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Developer and City, regardless of any sale, assignment, refinancing, conveyance or transfer of the Affordable Units, or any part thereof or interest therein, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by City. Any successor-in-interest to Developer, including without limitation any purchaser, transferee or lessee of the Affordable Units (other than the tenants of the individual Affordable Units) shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, lease or other instrument affecting or conveying the Affordable Units or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, lease or other instrument. If any such contract, deed, lease or other instrument has been executed prior to the date hereof, Developer hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, lease or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby.
38 Developer agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Affordable Units in favor of City.

Without limiting the generality of the foregoing, Developer and City hereby declare their understanding and intent that:
(i) The covenants and restrictions contained in this Agreement shall be construed as covenants running with the land pursuant to California Civil Code section 1468 and not as conditions which might result in forfeiture of title by Developer; (ii) The burden of the covenants and restrictions set forth in this Agreement touch and concern the Property in that the Developer’s legal interest in the Property and all improvements thereon are rendered less valuable thereby; and
(iii) The benefit of the covenants and restrictions set forth in this Agreement touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the Affordable Unit tenants.
(iv) All covenants and restrictions contained herein without regard to technical classification or designation shall be binding upon Developer and its successors in interest for the benefit of the City, and such covenants and restrictions shall run in favor of the City for the entire period during which such covenants and restrictions shall be in force and effect, without regard to whether the City is an owner of any land or interest therein to which such covenant and restrictions relate.

17. Project Construction; Property Management; Repair and Maintenance; Marketing. a. Management Responsibilities. Developer shall be responsible for all management functions with respect to the Affordable Units, including without limitation the selection of tenants, certification and recertification of household income and eligibility, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. City shall have no responsibility for construction, rehabilitation, management, repair, maintenance or marketing of the Affordable Units.
b. Management Entity. If Developer enters into a separate property management agreement (“Management Agreement”) with a property management company or other organization in order to manage the Affordable Units (including leasing, property management, maintenance and repair services, and reporting obligations) and ensure that Developer’s obligations under this Agreement with respect to the Affordable Units are satisfied (“Property Manager”), the Management Agreement shall not relieve Developer of its primary responsibility for proper performance of management duties. The Property Manager shall have the requisite skill and experience to implement the Marketing and Management Plan required under Section 17.f. of this Agreement.
c. Management Policies. Developer shall adopt and implement written management policies with respect to the Affordable Units that comply with the provisions of this Agreement. The Developer shall provide copies of its management policies to City upon their initial adoption and thereafter upon the City’s written request.
39 d. Repair, Maintenance and Security. Throughout the term of this Agreement, Developer shall at its own expense, maintain the Affordable Units in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Developer agrees to maintain the Affordable Units (including without limitation, the residential units, common areas, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Affordable Units. Developer shall prevent and/or rectify any physical deterioration apart from reasonable wear and tear of the Affordable Units and Project A and shall make all repairs, renewals and replacements necessary to keep the Affordable Units and the improvements located therein in good condition and repair. Developer shall provide adequate security measures for Project A, including without limitation, the installation of adequate lighting and deadbolt locks. e. Additional Requirements. All construction work and professional services for the Affordable Units shall be performed by persons or entities licensed or otherwise authorized to perform the applicable work or service in the State of California if required under local law. To the extent allowed by state and federal laws, Developer shall limit the installation of satellite dish, antenna and other such equipment to screened locations on the Affordable Unit buildings as approved by City. Developer shall diligently work to resolve complaints related to noise, parking, litter or other neighborhood concerns.
f. Marketing and Management Plan. Prior to the issuance of a certificate of occupancy for the residential apartment units on the Property, Developer shall adopt and implement and transmit to the City a plan for marketing and managing the Affordable Units (the “Marketing and Management Plan” or “Plan”). The Marketing and Management Plan shall address in detail how Developer plans to market the Affordable Units to prospective Lower Income Households in accordance with fair housing laws and this Agreement, Developer’s tenant selection criteria, and how Developer plans to certify the eligibility of Lower Income Households. The Plan shall also describe the management team and shall address how Developer and the management entity plan to manage and maintain the Affordable Units. The Developer shall provide a copy of the Marketing and Management Plan to City upon its initial adoption, and thereafter upon the City’s written request and in connection with material modifications to the Marketing and Management Plan. Developer shall abide by the terms of the Marketing and Management Plan in marketing, managing, leasing, and maintaining the Affordable Units and the Project.
g. Fees, Taxes, and Other Levies. Developer shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Affordable Units, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. However, Developer shall not be required to pay any such charge so long as (a) Developer is contesting such charge in good faith and by appropriate proceedings, (b) Developer maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Developer immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. Developer shall have all rights under Applicable Law to appeal the valuation of Project A (including but not limited to the Affordable Units, any improvements, fixtures or appurtenances, and any personal property) for tax purposes, and nothing herein shall be deemed to preclude Developer from applying for a Welfare Exemption or other taxation relief as a result of the affordability and public benefit provided by the Affordable Units.
40 h. Property Damage or Destruction. If any part of the Affordable Units are damaged or destroyed, Developer shall repair or restore the same, consistent with the occupancy and rent restriction requirements set forth in this Agreement, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible. Such work shall be commenced as soon as reasonably practicable after the damage or loss occurs and shall be completed within one year thereafter or as soon as reasonably practicable, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible. During such time that lenders providing financing for the construction of the Project impose requirements that differ from the requirements of this Section the requirements of such lenders and investors shall prevail.

18. Recordation; Subordination. This Agreement shall be recorded in the Official Records of County of Los Angeles no later than the date on which the final subdivision map for the Project is recorded or issuance of building permits for the Project. Developer hereby represents, warrants and covenants that with the exception of easements of record, absent the written consent of City, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Affordable Units. The City shall not unreasonably withhold its consent to subordinate this Agreement to the deeds of trust and regulatory agreements required by Developer’s construction and permanent lenders (each a “Senior Interest”) in a form reasonably approved by the City, if the subordination request meets the following conditions:
(i) All of the proceeds of loans related to the proposed Senior Interest, less any transaction costs, must be used to provide construction and/or permanent financing for the Affordable Units or the Project.
(ii) The subordination agreement(s) must be structured to minimize the risk that this Agreement would be extinguished as a result of a foreclosure by the proposed lender of a Senior Interest (each a “Senior Lender”) or other holder of the Senior Interest. To satisfy this requirement, the subordination agreement must provide the City with adequate rights to cure any defaults by Developer, including: (i) providing the City or its successor with copies of any notices of default in the same manner as provided to Developer at the same time or promptly thereafter such notice is provided to the Developer; and (ii) providing the City with a cure period of at least thirty (30) days to cure any default.
(iii) The subordination does not require the consent of the Senior Lender prior to the City exercising remedies available to the City under this Agreement.

19. No Impairment of Lien. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor in interest to the Affordable Units shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.

20. Default and Remedies.
a. Events of Default. An Event of Default shall arise hereunder if Developer fails to perform any obligation under this Agreement and fails to cure such default within thirty (30) days after the City has notified the Developer in writing of the default, or if the default cannot be cured 41 within thirty (30) days, has failed to commence to cure within thirty (30) days and thereafter diligently pursued such cure and completed such cure within a reasonable time. b. Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies:
i. Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief; ii. For violations of obligations with respect to rents for residential units in the Affordable Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the Affordable Rent; and/or iii. Pursue any other remedy allowed under the City Documents or at law or in equity.

Each of the remedies provided herein is cumulative and not exclusive. City may exercise from time to time any rights and remedies available to it under Applicable Law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement. Any failure or delay by City in asserting any of its rights or remedies, including specific performance, as to any Event of Default shall not operate as a waiver of any default or of any such rights or remedies or deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

21. Indemnity. To the fullest extent permitted by law, Developer shall indemnify, defend and hold City and its elected and appointed officers, officials, employees, agents, consultants, contractors and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising directly or indirectly, in whole or in part, as a result of or in connection with Developer’s performance of or any failure to perform any obligation as and when required by this Agreement. Developer’s indemnification obligations under this Section 21 shall not extend to Claims resulting solely from the gross negligence or willful misconduct of Indemnitees. The provisions of this Section 21 shall survive the expiration or earlier termination of this Agreement.

22. Expenses. Developer agrees to pay an annual monitoring fee for compliance with this Agreement, which fee shall initially be $20 per Affordable Unit per year, as may be modified by resolution of the City Council which is in force and effect for a similar class of affordable units.

23. Miscellaneous.
a. Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of The County of Los Angeles. b. No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or Applicable Law. No failure or delay by City at any time to require strict performance by Developer of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder 42 shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. c. Notices. Except for any notice, demand or communication required under applicable law to be given in another matter, all notices, demands and communications to be sent pursuant to this Agreement shall be made in writing, and sent to the parties at their respective addresses specified below or to such other address as a party may designate by written notice delivered to the other parties in accordance with this Section. All notices, demands or communications shall be sent by personal delivery or by reputable overnight delivery service (which provides a delivery receipt) (and not by the United States Postal Service)postage prepaid, and, if to Developer, also by e-mail. Any notice, demand or communication shall be deemed given, received, made or communicated as of the earlier of the date personal delivery is effected or, if sent in the manner herein specified, on the delivery date or date delivery is refused by the addressee, or, if sent to Developer by e-mail, the date receipt of e-mail notice is acknowledged. Either party may change its address at any time by giving written notice of such change to City or Developer as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective.

Any notice to be delivered to Developer shall be addressed as follows:

To Developer: Magna & Magna, Inc.
1520 Washington Blvd. #100
Montebello, CA 90640
Attention: Mark D. Magna
E-Mail: [email protected]
With copy to: Mark Armbruster
Armbruster Goldsmith & Delvac LLP
12100 Wilshire Blvd., Suite 1600
Los Angeles, CA 90025
E-Mail: [email protected]
Any notice to be delivered to City shall be addressed as follows:

To City: City of Montebello
1600 W Beverly Blvd
Montebello, CA 90640
Attention: Planning & Community Development Director
With copy to: Alvarez-Glasman & Colvin
13181 Crossroads Parkway
North Suite 400 West Tower
City of Industry, CA 91746
Attn: Arnold M. Alvarez-Glasman, City Attorney
E-Mail: [email protected]
d. Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. e. Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.

Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or 43 principal and agent with one another. The relationship of Developer and City shall not be construed as a joint venture, equity venture, partnership or any other relationship. City neither undertakes nor assumes any responsibility or duty to Developer (except as expressly provided in this Agreement) or to any third party with respect to the Project. Developer and its employees are not employees of City but rather are, and shall always be considered independent contractors. Furthermore, Developer and its employees shall at no time pretend to be or hold themselves out as employees or agents of City.

Except as City may specify in writing, Developer shall not have any authority to act as an agent of City or to bind City to any obligation.
f. Action by City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by City’s Authorized Representative or by any person who shall have been designated by City’s Authorized Representative, without further approval by the City Council. g. No Third Party Beneficiaries. This Agreement is not intended to be for the benefit of any person other than the parties and their permitted successors and assigns. h. Non-Liability of City and City Officials, Employees and Agents. No member, official, employee or agent of City shall be personally liable to Developer or any successor in interest, in the event of any default or breach by City, or for any amount of money which may become due to Developer or its successor or for any obligation of City under this Agreement. i. Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Montebello shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
j. Time is of the Essence. Time is of the essence in the performance of this Agreement. k. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of The County of Los Angeles, California or in the Federal District Court for the Northern District of California. l. Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action. m. Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. n. Entire Agreement; Exhibits. This Agreement contains the entire agreement of Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the Parties with respect thereto. Exhibits A-1 and A-2, Exhibits B-1 and B-2, and Exhibit C attached hereto are incorporated herein by this reference. 44 o. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [Signatures on the following page(s)]
45 IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above.

MAGNA & MAGNA, INC. a California
corporation (“Developer”)
By: ____________________________________
Mark D. Magna
President
CITY OF MONTEBELLO, a municipal
corporation (“City”)
By: ____________________________________
René Bobadilla
City Manager
APPROVED AS TO FORM:

By: ____________________________________
Arnold M. Alvarez-Glasman
City Attorney
ATTEST:

By: ____________________________________
Christopher Jimenez
City Clerk
[Principal Signatures to be notarized]
46 Exhibit A
to Development Agreement Exhibit C-1
Legal Description
(Project A Site)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

THE SOUTHERLY 49 FEET OF THE NORTHERLY 231 FEET OF THE WESTERLY ONE-HALF OF LOT 102 OF MONTEBELLO, IN THE CITY OF MONTEBELLO, AS PER MAP RECORDED IN BOOK 78, PAGE 19 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF

SAID COUNTY, SAID DISTANCES BEING MEASURED FROM THE CENTER LINE OF POPLAR AVENUE, 60 FEET WIDE.

APN: 6347-011-013
PARCEL 2:

POPLAR AVENUE FROM THE NORTH LINE OF WHITTIER AVENUE (NOW WHITTIER BOULEVARD) TO SAID LOT 102 AS DESCRIBED IN DEED RECORDED IN BOOK 2720, PAGE 129 OF DEEDS; THENCE NORTH 50°37’43” EAST 45.93 FEET; THENCE NORTH 19°26’30” EAST 62.36 FEET TO A POINT IN THE SOUTHERLY LINE OF THE NORTHERLY 231.00 FEET OF SAID LOT 102.

RESERVING UNTO THE GRANTOR, AN EASEMENT FOR WATERLINE PURPOSES OVER THE SOUTHERLY 5.00 FEET OF SAID LAND, SAID EASEMENT TO BE APPURTENANT TO AND FOR

THE BENEFIT OF THE LAND AND ANY PART OR PORTION THEREOF, OWNED BY THE GRANTOR, ADJOINING SAID LAND ON THE EAST.

EXCEPT ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET OR MORE FROM THE SURFACE OF THE FOLLOWING DESCRIBED LAND,

BUT WITHOUT THE RIGHT TO ENTER AND USE THE SURFACE OF THE SUBSURFACE LYING ABOVE A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, AS GRANTED TO FAR WEST OIL CO., A LIMITED PARTNERSHIP, BY DEED RECORDED AUGUST 16, 1971 AS INSTRUMENT NO. 3237 AND 3239.

APN: 6347-011-019
47 PARCEL 3:

THAT PORTION OF LOT “B” OF MONTEBELLO, IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 78, PAGE(S) 19 OF

MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE THEREOF, AND PARALLEL WITH THE NORTHERLY LINE OF THE WHITTIER AVENUE 102.68 FEET TO THE WESTERLY LINE OF SAID LOT “B” BEING ALSO THE EASTERLY LINE OF POPLAR AVENUE; THENCE NORTHEASTERLY 169.70 FEET TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT SAID NORTHEAST CORNER OF THE LAND CONVEYED TO SAID W. W. BLACK; THENCE NORTH 50°22’02” EAST 1.87 FEET; THENCE NORTH 56°48’03” EAST 45.04 FEET; THENCE NORTH 50°37’43” EAST 197.10 FEET TO THE SOUTHERLY LINE OF SAID LOT 102 DISTANT THEREON SOUTH 75°53’40” EAST 148.96 FEET FROM THE INTERSECTION OF SAID

SOUTHERLY LINE WITH THE EASTERLY LINE OF A STRIP OF LAND UNIFORM DEPTH OF 100.00 FEET EXTENDING ALONG THE EAST LINE OF POPLAR AVENUE FROM THE NORTH LINE OF WHITTIER AVENUE (NOW WHITTIER BOULEVARD) TO SAID LOT 102, AS DESCRIBED IN THE DEED RECORDED IN BOOK 2720, PAGE 129 OF DEEDS.

EXCEPT ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET OR MORE FROM THE SURFACE OF THE FOLLOWING DESCRIBED LAND,

APN: 6347-012-008
48 Exhibit B
to Development Agreement Exhibit C-1
49 Exhibit C
to Development Agreement Exhibit C-1

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Montebello
1600 W. Beverly Blvd.

Montebello, CA 90640
Attn: Director of Planning and Community Development
WITH COPY TO:

Magna & Magna, Inc.
1520 Washington Blvd. #100
Montebello, CA 90640
Attention: Mark D. Magna

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees pursuant to Government Code
Section 27383

CERTIFICATE OF COMPLETION
(PROJECT A)
THIS CERTIFICATE OF COMPLETION (“Certificate of Completion”) is made by the CITY OF MONTEBELLO, California municipal corporation (“City”), in favor of MAGNA & MAGNA, INC., a California corporation (“Developer”), as of the date set forth below.

RECITALS
A. City and Developer have entered into that certain Affordable Housing Regulatory Agreement (“Agreement”) dated ___________, 20__, concerning the development of affordable multifamily rental housing on certain real property situated in the City of Montebello, California, as more fully described in Exhibit A attached hereto and made a part hereof (the “Property”). The Agreement was recorded in the Official Records of The County of Los Angeles on _______________, 20__, as Instrument No.__________________.

B. As referenced in Section 1 of the Agreement, the Affordable Housing Occupancy Date shall mean the date of issuance by City of a certificate of occupancy for the residential apartment units on the Property, as memorialized in a Certificate of Completion to be executed by City and Developer and recorded in the Official Records of The County of Los Angeles.

NOW, THEREFORE, City and Developer hereby agree as follows:

1. City has issued to Developer a certificate of occupancy for the residential apartment units on the Property as of _______________, 20__. Accordingly, as provided in the Agreement, the Affordable Housing Occupancy Date shall mean _______________, 20__ and the Termination Date shall mean _________________, 20__.
50 2. This Certificate of Completion shall not be deemed or construed to constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the construction and development of the Project (as defined in Section 1 of the Agreement) or any portion thereof. This Certificate of Completion is not a notice of completion as referred to in Section 8182 of the California Civil Code. [Signatures on the following page(s)]
51 IN WITNESS WHEREOF, City and Developer have executed this Certificate of Completion this _______ day of __________________, 20__.

By: ____________________________________
Arnold M. Alvarez-Glasman
City Attorney
ATTEST:

By: ____________________________________
Christopher Jimenez
City Clerk
[Principal Signatures to be Notarized]
52 Exhibit A
to Certificate of Completion
Legal Description
(Project A Site)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

SAID COUNTY, SAID DISTANCES BEING MEASURED FROM THE CENTER LINE OF POPLAR AVENUE, 60 FEET WIDE.

APN: 6347-011-013
PARCEL 2:

RESERVING UNTO THE GRANTOR, AN EASEMENT FOR WATERLINE PURPOSES OVER THE SOUTHERLY 5.00 FEET OF SAID LAND, SAID EASEMENT TO BE APPURTENANT TO AND FOR

THE BENEFIT OF THE LAND AND ANY PART OR PORTION THEREOF, OWNED BY THE GRANTOR, ADJOINING SAID LAND ON THE EAST.

EXCEPT ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET OR MORE FROM THE SURFACE OF THE FOLLOWING DESCRIBED LAND,

THAT PORTION OF LOT “B” OF MONTEBELLO, IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 78, PAGE(S) 19 OF

MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

EXCEPT THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:

EXCEPT ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET OR MORE FROM THE SURFACE OF THE FOLLOWING DESCRIBED LAND,

APN: 6347-012-008
54 EXHIBIT “C-2”
Form of Affordable Housing Covenant
(Project B)
55 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Montebello
1600 W. Beverly Blvd.

Montebello, CA 90640
Attn: Director of Planning and Community Development
WITH COPY TO:

Magna & Magna, Inc.
1520 Washington Blvd. #100
Montebello, CA 90640
Attention: Mark D. Magna

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees pursuant to Government Code
Section 27383

PROJECT B

AFFORDABLE HOUSING REGULATORY AGREEMENT
AND

DECLARATION OF RESTRICTIVE COVENANTS
Between

THE CITY OF MONTEBELLO,
a municipal corporation
(“City”)
and
MAGNA & MAGNA, INC.,
a California corporation
(“Developer”)
56 Development Agreement Exhibit C-2

AFFORDABLE HOUSING REGULATORY AGREEMENT

R E C I T A L S
G. Developer holds a legal or equitable interest in certain real property which is located in the City of Montebello, and are more particularly described in the “Legal Description of Property” attached hereto as Exhibit A (Project B Site) as shown on the “Site Map” attached hereto as Exhibit B.

H. In 2021, Developer submitted an application to City for the development of a residential housing project consisting of the development and construction of 140 residential apartment units within a 73,807 square foot development site on the Project A Site (“Project A”) and 16 units within a 12,500 square foot development site on the Project B Site ((“Project B”) (Project A and Project B are collectively referred to as the “Project”), of which, thirty (30) units within Project A and two (2) units within Project B shall be restricted to and available at affordable rent, adjusted for household size, to Lower Income Households (as defined in California Health and Safety Code Section 50079.5 and as periodically published by the California Department of Housing and Community Development for a term of fifty-five years (55).

I. On _____________, 20___, the City Council adopted, Ordinance No. ________________ approving a development agreement dated __________, 20__ pursuant to Government Code Sections 65864 et seq. authorizing the development of the Project affording the Developer greater project latitude, flexibility, development certainty, and vested rights to complete the Project in exchange for certain public benefits provided to the City (the “Development Agreement”).

J. As a material consideration for the long term assurances, vested rights, and other City obligations provided by the Development Agreement and as a material inducement to City to enter into the Development Agreement, Developer offered and agreed to provide the Affordable Units, among other public benefits, pursuant to Section 4.3 of the Development Agreement.

K. To ensure the continued affordability of the Affordable Units for the Term, this Agreement shall be executed and recorded against the Property prior to the recordation of any parcel map or final subdivision map or issuance of building permits for the Project, whichever occurs first.

L. The purpose of this Agreement is to restrict the occupancy and rents of the Affordable Units for the benefit of Lower Income Households as set forth in this Agreement. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Developer and Developer’s successors and assigns for the full term of this Agreement. 57 A G R E E M E N T
NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows.

1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits:
“Adjusted for Family Size Appropriate for the Unit” means, in the absence of pertinent federal statutes applicable to the Project, adjusted for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and one additional person for every additional bedroom thereafter. “Affordable Housing Occupancy Date” means the date of issuance by City of a certificate of occupancy for the residential apartment units on the Property, to be memorialized by the Parties through execution and recordation of the Certificate of Completion. “Affordable Units” means the two (2) income restricted, multi-family residential rental units for occupancy by Lower Income Households.
“Applicable Laws” means all applicable laws, ordinances, statutes, codes, orders, decrees, rules, regulations, official policies, standards and specifications (including any ordinance, resolution, rule, regulation, standard, official policy, condition, or other measure) of the United States, the State of California, the County of Los Angeles, City of Montebello, or any other political subdivision in which the Project is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over City, Developer, or the Project.
“Affordable Rent” means a monthly Rent that does not exceed one-twelfth of thirty percent (30%) times 60 percent (60%) of the AMI, Adjusted for Family Size Appropriate for the Unit or, for Lower Income Households with a Gross Income that is greater than 60% of AMI, one-twelfth of thirty percent (30%) times the household’s actual Gross Income. For purposes of this definition, “Rent” includes a reasonable utility allowance for utilities, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, Internet, or cable or subscription TV plus other fees and charges required to be paid by tenants of the Affordable Units on a non-optional basis. “Area Median Income” or “AMI” means the median income for the County of Los Angeles, California, adjusted for the actual number of persons in the applicable household, as determined by HUD pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by HCD in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c).
“Certificate of Compliance” means the form attached hereto as Exhibit C. “City” means the City of Montebello, a California municipal corporation. “City Documents” means the Development Agreement and this Agreement. “City’s Authorized Representative” means the Director of Planning and Community Development, or his or her designee.
“Claims” is defined in Section 21.
58 “Developer” means Magna & Magna, Inc. or its assignee. “Effective Date” means the date set forth in the first paragraph of this Agreement. “Gross Income” means the combined, gross, pre-tax income of all adult occupants of the applicant household, as calculated under California Code of Regulations, Title 25, Section 6914. “HCD” means the State of California Department of Housing and Community Development. “HUD” means the U.S. Department of Housing and Urban Development. “Indemnitees” is defined in Section 21.
“Lower Income Households” shall have the meaning defined in California Health and Safety Code Section 50079.5 and as periodically published by the California Department of Housing and Community Development.
“Management Agreement” is defined in Section 17.b.
“Market Rate Unit” means a unit that is not restricted for rent or sale to a particular affordability level.
“Marketing and Management Plan” or “Plan” is defined in Section 17.f. “Party” or “Parties” respectively means City and Developer individually or collectively. “Project” is defined in Recital B.
“Property” is defined in Recital A.
“Property Manager” is defined in Section 17.b.
“Regulations” means Title 25 of the California Code of Regulations. “Tenant” shall mean a household occupying an Affordable Unit. “Term” means the term of this Agreement, commencing upon the Effective Date and ending on the Termination Date.
“Termination Date” is the date that is fifty-five (55) years after the Affordable Housing Occupancy Date.

2. Use and Affordability Restrictions. Developer hereby covenants and agrees, for itself and its successors and assigns, that the Affordable Units shall be used solely in compliance with the Development Agreement and Development Plans as the term is defined under Section 1.18 of the Development Agreement, and the requirements set forth herein. Developer represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Developer covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City. 59 3. Construction of Affordable Units.
a. The Parties intend that all of the Affordable Units shall be constructed concurrently with, or earlier than the construction of the Market Rate Units of the Project. City’s Authorized Representative may approve, in its sole discretion (which may be withheld for any reason), a modified construction schedule if this timing requirement will create unreasonable delays in the issuance of certificates of occupancy for Market Rate Units and if the Developer provides satisfactory assurance, as approved by the City’s Authorized Representative, that the Affordable Units will be completed prior to completion of all of the Market Rate Units. Each Affordable Unit shall be inspected by the City prior to occupancy to determine that it meets the construction and other standards required by this Agreement. Upon the issuance of a certificate of occupancy by the City, the Parties shall execute and record the Certificate of Compliance. b. The design, appearance, and general quality of the Affordable Units shall be consistent with the design review standards that are part of the Development Plan and shall be of the same level of materials and finishes as the Project’s Market Rate Units.

4. Unit Size Mix for Affordable Units. The Developer shall provide Affordable Units in accordance with the following unit size mix:

Affordable
Units
Singles 0
1 Bdrm 0
2 Bdrm 1
3 Bdrm 1
Total Units 2

5. Income Mix for Affordable Units. A minimum of two (2) Affordable Units shall be made available for rent to Lower Income Households or lower in accordance with Section 6, below.

6. Lower Income Restrictions.
a. Affordability Requirements. For a term of fifty-five (55) years commencing upon the Affordable Housing Occupancy Date, each Affordable Unit shall be rented at an Affordable Rent to (or if vacant, available for occupancy by) a Lower Income Household. Notwithstanding the foregoing, to the extent permitted by law, if a subsidy program under Section 8 of the Housing Act of 1937, as amended, or any other comparable subsidy program, is available to a Tenant or prospective Tenant, Developer may accept and participate in the subsidy program (voucher), and rent the Affordable Unit at the rental rate established by and permitted under the program as defined by HUD, as adjusted for household size. The Tenant’s portion of the rent shall not exceed an Affordable Rent, however the Tenant’s portion can be less. The amount of rent Developer may receive through the subsidy program can exceed the Affordable Rent, however it shall not be less. b. Household Income Increases. If upon recertification of an Affordable Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Lower Income Household, then upon the expiration of such Tenant’s lease and following sixty (60) days’ notice, and if so permitted by local and state law, such tenant shall be required to vacate the unit and Developer shall rent the unit to a Lower Income Household 60 (or, in the alternative, Owner may increase the rent to market-rate rent for the Affordable Unit and designate another unit as an Affordable Unit and rent that unit to a Lower Income Household, provided that a comparable unit is then available) to restore the affordability mix required by this Agreement. In addition, should a Tenant’s Gross Income exceed the qualifying income for a Lower Income Household, and should this section cause the Tenant’s Rent to exceed the requirements of this Agreement, Developer shall still be deemed in compliance with this Agreement until such time as Tenant is required to move out pursuant to this Agreement, at which point the Affordable Unit shall be rented as an Affordable Unit as needed to restore the affordability mix required by this Agreement.

8. No Condominium Conversion. To the extent permitted by law, in the event that Developer converts the Project to condominium or cooperative tenantship or sells condominium or cooperative rights to the Project or any part thereof during the Term of this Agreement, the Affordable Units shall remain rental units under the terms of this Agreement during the Term of this Agreement.

9. Tenant Certification. For each Affordable Unit, prior to the initial occupancy of such Affordable Unit, and upon each successive lease or annual lease renewal for such Affordable Unit thereafter for the remainder of the term of this Agreement, Developer or Developer’s authorized agent shall obtain from that household a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require:
(iii) The identity of each household member; and
(iv) The total household Gross Income.

12. Non-Discrimination; Compliance with Fair Housing Laws. 61 a. Preference for Displaced and Local Residents. In order to ensure that there is an adequate supply of affordable housing within the City of Montebello for residents and employees of businesses within the City, to the extent permitted by law and consistent with the program regulations for funding sources used for development of the Affordable Units, within the pool of eligible applicants, Developer shall endeavor to give priority to qualified households with members who live or work in the city limits of Montebello. In the event there are fewer applicants for the Affordable Units that meet the criteria specified in this paragraph than there are available Affordable Units, such units shall be made available to members of the general public who are qualified Lower Income Households. Notwithstanding the foregoing, in the event of a conflict between this provision and the provisions of Section 42 of the Internal Revenue Code of 1986, as amended, the provisions of such Section 42 shall control if such provisions apply to the project due to Affordable Unit financing sources.
b. Fair Housing. Developer shall comply with state and federal fair housing laws in the marketing and rental of the Affordable Units. With respect to the Affordable Units, Developer shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto.

14. Reporting Requirements; Access to Information; Inspections. a. Maintenance of Records. Developer shall maintain Affordable Unit tenant leases, income certifications and other matters related to the leasing of the Affordable Units for a period of not less than three (3) years after the final date of occupancy by the tenant. Records related to compliance with this Agreement must be kept accurate and up-to-date. City shall notify Developer of any records it deems insufficient. Developer shall have thirty (30) calendar days from such notice to correct any specified reasonable deficiency in the records, or, if more than thirty (30) days shall be reasonably necessary to correct the deficiency, Developer shall begin to correct the deficiency within thirty (30) days and diligently pursue the correction of the deficiency as soon as reasonably possible.
b. Access to Records; Inspections.
(i) Developer shall provide City and its authorized agents and representatives reasonable access to any books, documents, papers and records associated with the Affordable Units for the purpose of making audits, examinations, excerpts and transcriptions in connection with monitoring compliance with this Agreement, during normal business 62 hours of Developer, upon the City’s written request and not less than four (4) business days’ prior written notice, and at no expense to Developer.
(ii) With four (4) business days’ prior written notice, during normal business hours and as often as may be deemed necessary, and at no expense to Developer, City and its authorized agents and representatives shall be permitted access to and the right to examine the Affordable Units and to interview tenants and employees of the Affordable Units, for the purpose of verifying compliance with applicable regulations and compliance with the conditions of this Agreement.
(iii) Matters discovered by City shall not be disclosed to third parties unless required by law or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights of City hereunder subject to any right of Developer to seek a protective order to prevent the disclosure of any confidential or privileged information.

15. Term of Agreement.
a. Term of Restrictions. This Agreement shall commence upon the Effective Date and shall remain in effect until the Termination Date.
b. Effectiveness Survives Conveyance of Property. This Agreement shall remain effective and fully binding on all portions of the Property for the full term hereof, regardless of any sale, assignment, transfer, refinancing, or conveyance of the Affordable Units or the Project or any part thereof or interest therein.
c. Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the Term.

16. Binding Upon Successors; Covenants to Run with the Land. Developer hereby subjects its interest in the Affordable Units to the covenants and restrictions set forth in this Agreement. City and Developer hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Developer and City, regardless of any sale, assignment, refinancing, conveyance or transfer of the Affordable Units, or any part thereof or interest therein, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by City. Any successor-in-interest to Developer, including without limitation any purchaser, transferee or lessee of the Affordable Units (other than the tenants of the individual Affordable Units) shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, lease or other instrument affecting or conveying the Affordable Units or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, lease or other instrument. If any such contract, deed, lease or other instrument has been executed prior to the date hereof, Developer hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, lease or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby.
63 Developer agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Affordable Units in favor of City.

17. Project Construction; Property Management; Repair and Maintenance; Marketing. a. Management Responsibilities. Developer shall be responsible for all management functions with respect to the Affordable Units, including without limitation the selection of tenants, certification and recertification of household income and eligibility, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. City shall have no responsibility for construction, rehabilitation, management, repair, maintenance or marketing of the Affordable Units.
b. Management Entity. If Developer enters into a separate property management agreement (“Management Agreement”) with a property management company or other organization in order to manage the Affordable Units (including leasing, property management, maintenance and repair services, and reporting obligations) and ensure that Developer’s obligations under this Agreement with respect to the Affordable Units are satisfied (“Property Manager”), the Management Agreement shall not relieve Developer of its primary responsibility for proper performance of management duties. The Property Manager shall have the requisite skill and experience to implement the Marketing and Management Plan required under Section 17.f. of this Agreement.
c. Management Policies. Developer shall adopt and implement written management policies with respect to the Affordable Units that comply with the provisions of this Agreement. The Developer shall provide copies of its management policies to City upon their initial adoption and thereafter upon the City’s written request.
64 d. Repair, Maintenance and Security. Throughout the term of this Agreement, Developer shall at its own expense, maintain the Affordable Units in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Developer agrees to maintain the Affordable Units (including without limitation, the residential units, common areas, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Affordable Units. Developer shall prevent and/or rectify any physical deterioration apart from reasonable wear and tear of the Affordable Units and the Project and shall make all repairs, renewals and replacements necessary to keep the Affordable Units and the improvements located therein in good condition and repair. Developer shall provide adequate security measures for the Project, including without limitation, the installation of adequate lighting and deadbolt locks. e. Additional Requirements. All construction work and professional services for the Affordable Units shall be performed by persons or entities licensed or otherwise authorized to perform the applicable work or service in the State of California if required under local law. To the extent allowed by state and federal laws, Developer shall limit the installation of satellite dish, antenna and other such equipment to screened locations on the Affordable Unit buildings as approved by City. Developer shall diligently work to resolve complaints related to noise, parking, litter or other neighborhood concerns.
f. Marketing and Management Plan. Prior to the issuance of a certificate of occupancy for the residential apartment units located on the Project A Site Developer shall adopt and implement a plan for marketing and managing the Affordable Units (the “Marketing and Management Plan” or “Plan”). The Marketing and Management Plan shall address in detail how Developer plans to market the Affordable Units to prospective Lower Income Households in accordance with fair housing laws and this Agreement, Developer’s tenant selection criteria, and how Developer plans to certify the eligibility of Lower Income Households. The Plan shall also describe the management team and shall address how Developer and the management entity plan to manage and maintain the Affordable Units. The Developer shall provide a copy of the Marketing and Management Plan to City upon its initial adoption, and thereafter upon the City’s written request and in connection with material modifications to the Marketing and Management Plan. Developer shall abide by the terms of the Marketing and Management Plan in marketing, managing, leasing, and maintaining the Affordable Units and the Project.
g. Fees, Taxes, and Other Levies. Developer shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Affordable Units, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. However, Developer shall not be required to pay any such charge so long as (a) Developer is contesting such charge in good faith and by appropriate proceedings, (b) Developer maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Developer immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. Developer shall have all rights under Applicable Law to appeal the valuation of the Project (including but not limited to the Affordable Units, any improvements, fixtures or appurtenances, and any personal property) for tax purposes, and nothing herein shall be deemed to preclude Developer from applying for a Welfare Exemption or other taxation relief as a result of the affordability and public benefit provided by the Affordable Units.
65 h. Property Damage or Destruction. If any part of the Affordable Units are damaged or destroyed, Developer shall repair or restore the same, consistent with the occupancy and rent restriction requirements set forth in this Agreement, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible. Such work shall be commenced as soon as reasonably practicable after the damage or loss occurs and shall be completed within one year thereafter or as soon as reasonably practicable, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible. During such time that lenders providing financing for the construction of the Project impose requirements that differ from the requirements of this Section the requirements of such lenders and investors shall prevail.

20. Default and Remedies.
a. Events of Default. An Event of Default shall arise hereunder if Developer fails to perform any obligation under this Agreement and fails to cure such default within thirty (30) days after the City has notified the Developer in writing of the default, or if the default cannot be cured 66 within thirty (30) days, has failed to commence to cure within thirty (30) days and thereafter diligently pursued such cure and completed such cure within a reasonable time. b. Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies:
i. Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief; ii. For violations of obligations with respect to rents for residential units in the Affordable Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the Affordable Rent; and/or iii. Pursue any other remedy allowed under the City Documents or at law or in equity.

23. Miscellaneous.
a. Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of The County of Los Angeles. b. No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or Applicable Law. No failure or delay by City at any time to require strict performance by Developer of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder 67 shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. c. Notices. Except for any notice, demand or communication required under applicable law to be given in another matter, all notices, demands and communications to be sent pursuant to this Agreement shall be made in writing, and sent to the parties at their respective addresses specified below or to such other address as a party may designate by written notice delivered to the other parties in accordance with this Section. All notices, demands or communications shall be sent by personal delivery or by reputable overnight delivery service (which provides a delivery receipt) (and not by the United States Postal Service)postage prepaid, and, if to Developer, also by e-mail. Any notice, demand or communication shall be deemed given, received, made or communicated as of the earlier of the date personal delivery is effected or, if sent in the manner herein specified, on the delivery date or date delivery is refused by the addressee, or, if sent to Developer by e-mail, the date receipt of e-mail notice is acknowledged. Either party may change its address at any time by giving written notice of such change to City or Developer as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective.

Any notice to be delivered to Developer shall be addressed as follows:

Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or 68 principal and agent with one another. The relationship of Developer and City shall not be construed as a joint venture, equity venture, partnership or any other relationship. City neither undertakes nor assumes any responsibility or duty to Developer (except as expressly provided in this Agreement) or to any third party with respect to the Project. Developer and its employees are not employees of City but rather are, and shall always be considered independent contractors. Furthermore, Developer and its employees shall at no time pretend to be or hold themselves out as employees or agents of City.

Except as City may specify in writing, Developer shall not have any authority to act as an agent of City or to bind City to any obligation.
f. Action by City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by City’s Authorized Representative or by any person who shall have been designated by City’s Authorized Representative, without further approval by the City Council. g. No Third Party Beneficiaries. This Agreement is not intended to be for the benefit of any person other than the parties and their permitted successors and assigns. h. Non-Liability of City and City Officials, Employees and Agents. No member, official, employee or agent of City shall be personally liable to Developer or any successor in interest, in the event of any default or breach by City, or for any amount of money which may become due to Developer or its successor or for any obligation of City under this Agreement. i. Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Montebello shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
j. Time is of the Essence. Time is of the essence in the performance of this Agreement. k. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of The County of Los Angeles, California or in the Federal District Court for the Northern District of California. l. Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action. m. Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. n. Entire Agreement; Exhibits. This Agreement contains the entire agreement of Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the Parties with respect thereto. Exhibits A-1 and A-2, Exhibits B-1 and B-2, and Exhibit C attached hereto are incorporated herein by this reference. 69 o. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [Signatures on the following page(s)]
70 IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above.

By: ____________________________________
Arnold M. Alvarez-Glasman
City Attorney
ATTEST:

By: ____________________________________
Christopher Jimenez
City Clerk
[Principal Signatures to be notarized]
Exhibit A
to Development Agreement Exhibit C-2
Legal Description
(Project B Site)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MONTEBELLO IN

THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL A:

LOT 8, OF TRACT NO. 7783, IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 99, PAGE 60 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 6346-020-012
PARCEL B:

LOT 10, OF TRACT NO. 7783, IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 99, PAGE 60 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 6346-020-01
Exhibit B
to Development Agreement Exhibit C-2
Exhibit C
to Development Agreement Exhibit C-2

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Montebello
1600 W. Beverly Blvd.

Montebello, CA 90640
Attn: Director of Planning and Community Development
WITH COPY TO:

Magna & Magna, Inc.
1520 Washington Blvd. #100
Montebello, CA 90640
Attention: Mark D. Magna

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees pursuant to Government Code
Section 27383

CERTIFICATE OF COMPLETION
(PROJECT B)
THIS CERTIFICATE OF COMPLETION (“Certificate of Completion”) is made by the CITY OF MONTEBELLO, California municipal corporation (“City”), in favor of MAGNA & MAGNA, INC., a California corporation (“Developer”), as of the date set forth below.

NOW, THEREFORE, City and Developer hereby agree as follows:

2. This Certificate of Completion shall not be deemed or construed to constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the construction and development of the Project or any portion thereof. This Certificate of Completion is not a notice of completion as referred to in Section 8182 of the California Civil Code.
[Signatures on the following page(s)]
IN WITNESS WHEREOF, City and Developer have executed this Certificate of Completion this _______ day of __________________, 20__.

By: ____________________________________
Arnold M. Alvarez-Glasman
City Attorney
ATTEST:

By: ____________________________________
Christopher Jimenez
City Clerk
[Principal Signatures to be Notarized]
Exhibit A
to Certificate of Completion
Legal Description
(Project B Site)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MONTEBELLO IN

THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL A:

LOT 8, OF TRACT NO. 7783, IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 99, PAGE 60 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 6346-020-012
PARCEL B:

LOT 10, OF TRACT NO. 7783, IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 99, PAGE 60 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 6346-020-01

REVISION BY
DRAWN:

SCALE:

DATE:

APPROVED:

JOB :

SHEET:

PROJECT DATA
NOTE

AREA PER UNIT

AREA SUMMARY
SHEETS

OPEN SPACE
TOTAL

PROVIDED PER PLANNED DEVELOPMENT OWNER PROJECT
A0-0 DRAWING TITLE
TOTAL
STORY OCC. USE

A B C D A-B-C A-B-C-D
FIRST
S-2
SECOND R-2
S-2

RESIDENTIAL

GROSS AREA
(OUT TO OUT BLDG)
SQ.FT.

EXTERIOR WALLS
AREA:

SQ.FT.

AREA: AREA:

STAIRWAYS
SQ.FT.

BUILDING CODE
SQ.FT.

FLOOR AREA
SQ.FT.

ZONING CODE

FLOOR AREA
ELEVATOR SQ.FT.

R-2
R-2

VENT SHAFT
S-2 PARKING
3- BDRM
AUTO
13 # OF TOTAL UNITS PARKING
TOTAL 182

STANDARD

PROVIDED PARKING
PARKING No.

DISABLE PARKING 2- BDRM 71

19.5 TOTAL AUTO PARKING RESIDENTS

UPPER BASEMENT

RESIDENTIAL

BALCONY
55 1

1.5 REAR YARD

PROJECT ADDRESS

PROJECT OWNER

DESIGN BY

STRUCTURAL ENGINEER
SURVEY

GEOTECHNICAL ENGINEER

LANDSCAPING

I N D E X
A0-0 COVER SHEET

SHEET TITLE
D-1
N-1
T-1

A R C H I T E C T U R A L

S T R U C T U R A L

C I V I L
DA-1
DA-2
DA-3
DA-4
DA-5
N-2
N-3
N-4
N-5
N-6
N-7
S-1
C-1
C-0
D-2
D-3
D-4
D-5
D-6
N-8
L-1
L-2
L-3
L-4
L-5
L-6
L-7
L-8
L-9
L-10

L A N D S C A P E
S-2A
S-2B
S-3
S-4
S-5
S-6
SD-1
SD-5
S-0
A3-0

ELECTRICAL ENGINEER

MECHANICAL & PLUMBING
1- BDRM

1.5 106.5
55 COURT YARD
BUILDING CODE: 2016 CBC AS AMENDED BY CITY OF MONTEBELLO R-2 / S-2 PARKING
PROJECT SCOPE:

LEGAL DESCRIPTION

OCCUPANCY GROUP
PROPOSED BUILDING HEIGHT:

BUILDING SETBACKS:

LOT AREA:

TYPE OF CONSTRUCTION:

GENERAL PLAN LAND USE MULTIPLE FAMILY
ADDRESS:

FRONT YARD : 20 FEET BUILDING LINE
SIDE YARDS: 7 FEET
REAR YARDS: 15 FEET
73,807 SQ.FT = (116) 32,233 S.F + (128) 26,872 S.F + (136) 14,702 S.F

LOWER BASEMENT

PARKING

VICINITY MAP
47 FEET FROM CURB SIDE
ATTN. OWNERS/CONTRACTORS:
31,360 SQ.FT
982 SQ.FT
14,760 SQ.FT
ENGINEERING INC. NEW RESIDENTIAL BUILDING.
(140) UNITS, 4 STORIES RESIDENTIAL APARTMENT BUILDING OVER TWO LEVEL BASEMENT PARKING .

A1-1 SITE PLAN
A2-0 LOWER BASEMENT PLAN
116,128 & 136 N. POPLAR AVE. MONTEBELLO, CA. 90640
116,128 &136 POPLAR AVE MONTEBELLO, CA. 90640 COVER SHEET 116,128 & 136 N. POPLAR AVE. MONTEBELLO CA 90640 MAGNA & MAGNA ,INC 1520 WASHINGTON BLVD # 100 MONTEBELLO CA 90640 FORTH R-2 RESIDENTIAL
THIRD R-2 RESIDENTIAL
APN
6347-012-008
116 N. POPLAR
LAND DES IN DOC 74-4-1 MONTEBELLO LOT COM AT SW COR OF LOT 102 TH SW ON NW LINE OF LOT B TO APT NE THEREON 1937 FT FROM MOST W COR OF

SEE MAPBOOK FOR MISSING PORTION LOT B
APN
6347-011-019
128 N POPLAR
LAND DES IN DOC NO 4291 74-4-1 MONTEBELLO LOT COM ATSW COR OF LOT 102, TH S 75 ¢33 E 248.96 FT TH N 50¢37'43" E

45.93 FT TH N 19 ¢26'30" E 62.36 SEE MAPBOOK FOR MISSING PORTION OF LOT 102 APN
6347-011-013
136 N. POPLAR
MONTEBELLO LOT COM ON SE LINE OF POPLAR VE SW 182 FROM NC LINE OF LOT 102 TH S 14¢27' W 49 FT WITH A UNIFORM DEPTH OF300 FT S 75¢33' E PART OF LOT 102 SINGLE 1 1 1

COMPACT

UPPER BASEMENT PLAN

FIRST FLOOR PLAN

SECOND FLOOR PLAN

THIRD FLOOR PLAN

FOURTH FLOOR PLAN

ROOF PLAN

ELEVATION
6 72
130
298
GYM 1,040 SQ.FT

OPEN SPACE BEDROOMS
NO. OF
1 55 X 300 = 16,500
STUDIO 1 X 300 = 300

REQUIRED PER MONTEBELLO MUNICIPAL CODE

QUANTITY OF
UNITS

TOTAL REQUIRED
2 71 X 300 = 21,300
3 13
71 55
1 13 X 300 = 3,900
42,000 SQ.FT

PARKING CALCULATION
TWO BASEMENT TYPE I-A GARAGE FULLY SPRINKLERED (NFPA-13).

FIRST FLOOR TO FOURTH FLOOR - TYPE V-A FULLY SPRINKLERED THROUGHOUT (NFPA-13).

ASSESSOR PARCEL NO. (APN) 6347-012-008 , 6347-011-019 ,6347-011-013 ZONE: R3
SHORT TERM BICYCLE PARKING 14

DESCRIPTION
AREA
(SQ.FT.)
UNIT
No DESCRIPTION
AREA
(SQ.FT.)
UNIT
No

OPEN SPACE CALCULATION

DESCRIPTION
AREA
(SQ.FT.)
UNIT
No DESCRIPTION
AREA
(SQ.FT.)
UNIT
No

DESCRIPTION
AREA
(SQ.FT.)
UNIT
No DESCRIPTION
AREA
(SQ.FT.)
UNIT
No
A1-0 EXISTING SITE PLAN
A3-1 ELEVATION
A1-2 OPEN SPACE DIAGRAM
A2-1
A2-2
A2-3
A2-4
A2-5
A2-6

PRIVATE PUBLIC
14,578 SQ.FT
LONG TERM BICYCLE PARKING 140
A4-0 SECTION
A5-0
A2-7 ENLARGE UNIT
A2-8 ENLARGE UNIT

DOOR & WINDOW SCHEDULE
A2-9 ENLARGE UNIT
A2-10 ENLARGE UNIT
A4-1 SECTION
A4-2 SECTION
L-11
REQUIRED PARKING PER CALIFORNIA GOVERNMENT CODE 65915
TOTAL : ( BEDROOM 239 , BATHROOM 243 )
EV. STANDARD
EV. DISABLE PARKING
86 4

AFFORDABLE UNITS CALCULATION
3- BDRM
UNITS
13 TOTAL TOTAL OF BEDROOM AFFORDABLE
2- BDRM 71
39 55 7
22 1- BDRM
1 142
55 SINGLE 1 0 1
TOTAL 140 30 237
PROPOSED DENSITY: 140/1.694 = 82.6 UNITS / ACRE
NOTE: TANDEM PARKING SPACE = 68X2=136

ATTACHMENT D
P
o
p
l
a
r
Av
e
n
u
e
LEGEND:

Plan Prepared For:

Site Address:

Legal Description:

Date Of Survey:

Area:

Bench Mark: Danielson Surveying
Mark R. Danielson, PLS 7882
Job No. 6002-0064

TOPOGRAPHY SURVEY
Scale: 1" = 20'
Plottable Easement Items per Preliminary Title Report (PTR) prepared by Fidelity National Title Company, Order No. 997-30029088-1MB dated April 23, 2019 (see said PTR for full details):

Item #2: Easement for pipelines, transportation of petroleum, gas or water and to erect and maintain telephone or telegraph lines, Book 6695, Page 237, of Deeds
Item #3: Easement for pipelines, Book 6557, Page 340 of DeedsItem #4: Easement for pipelines, transportation of petroleum, gas or water, Book 6695, Page 237, of Deeds Item #5: Easement for public utilities, Rec. 3-17-1961 as Instrument No. 3261 of Official RecordsItem #6: Easement for water line, Rec. 4/1/1974 as Instrument No. 4291 of Official RecordsItem #10: Easement for pipes for conducting water for irrigation, Book 2720, Page 129, of DeedsItem #13: Easement for transportation of all oil, petroleum, gas or water and for the erection maintenance and operation of telegraph or telephone pole lines, Book 6568, Page 107 of Deeds and Book 6557, Page 340 of Deeds
Item #15: Easement for waterline, Rec. 4-1-1974 as Instrument No. 4296 of Official RecordsItem #18: Easement for waterline, Rec. 12-29-1987 as Instrument No. 87-2043659 of Official Records Poplar Way
N 75°32'51" W 300.28'
N 14°27'00" E 317.67'
102.69'
N 62°24'58" W

45.04'
N 57°08'52" E
197.10'

45.93'
243.03'
N 50°58'32" E
N
1 9
°
4 7
'
1 9
"
E

62.3 6
'
N 75°32'51" W 300.28'

18.18'

49.00' N 14°27'00" E

49.00' 99.00' 169.67' 248.96' N 75°32'51" W
N 14°27'00" E 490.35'
1 s
t
S
t
r
e
e
t
6 0'
30' 30'
6 0'
30' 30' N 75°29'17" W 330.16'
R/W
R/W
R/W
R/W
N 50°42'51" E1.87'

30.00'
308.35' 182.00' Parcel 1 of PTR Parcel 2 of PTR
Parcel 3 of PTR
ENGINEERING INC.

A1.1 DRAWING TITLE PROJECT OWNER

LEGEND SITE PLAN

SITE PLAN
SCALE : 1/16"=1'-0" 123456
(140) UNITS, 4 STORIES ( 1ST FLOOR - 4TH FLOOR)
SUBTERRANEAN PARKING 1 3 3
PL
300'-3"
20' 260'-3" 49'
18'-2"
62'-3"
243'-2"
46'-11"
102'-8" 69'-2" 69'-3"
PL
PL
PL
PL PL
PL
PL
PL
PL
PL
PL
116,128 & 136 N. POPLAR AVE.

MONTEBELLO, CA. 90640

1.1 1.1
20' REAR SETBACK

DOWN TO
BASEMENT -1
8' DOWN TO BASEMENT -1 8' SLOPE 10% 25' 20'
20'
7' 39'-2" 42'-11" 6'-11" 21'-3"
163'-5"
21'-4"
19'-11"
9'-11"
8'-11"
193'-11"
16'-10" 61'-8"
6'-5" 7'-8"
31'-1"
31' COURT YARD

COMMON OPEN SPACE
(open to sky ) 21'
20'
MAGNA & MAGNA ,INC 1520 WASHINGTON BLVD # 100 MONTEBELLO CA 90640 7'-3" 140'-8" 39'-2" 132'-9" 8'-2" 8'-2" 7'-2" 6'-7" 35'-3" 21' DRIVEWAY 20' DRIVEWAY 6'-5"
6'-5" 20'-6"
2' 2' 2' 2' 2' 2' 6' 2'
2' 2' 2' 2' 2' 2' 2' 6' 11'
10'-1"
9'-10" 10'-1"
11' 25'-6"
27'-3" 34'-6"
20'-1" 13' 17'-5"
700 SQ.FT.

LANDSCAPE 5
200 SQ.FT.

LANDSCAPE 4 16'
700 SQ.FT.

LANDSCAPE 5
536 SQ.FT.

LANDSCAPE 6
225 SQ.FT.

LANDSCAPE 8
16'-6" Transformer Pad Switch Gear Pad

GREEN WALL FOR

COVER MECHANICAL EQUIPMENT

PATH OF EGRESS

PATH OF EGRESS
PATH OF EGRESS PATH OF EGRESS 6'47'-8"
500 SQ.FT.

LANDSCAPE 1
225 SQ.FT.
128 SQ.FT.
250 SQ.FT.

EXISTING WALL TO BE REMAIN

ENTRY CANOPY
*.

LANDSCAPING CALCULATION
AREA DESCRIPTION SQ.FT.

PROVIDED LANDSCAPING

FRONT YARD

OPEN SPACE

PROVIDED LANDSCAPING

FRONT LANDSCAPING CALCULATION
ROOF DECK = 3,000SQ.FT

REQUIRED LANDSCAPING
26,772 SQ.FT. X 25% =
COURT YARD 26,772 SQ.FT.
6,693 SQ.FT.

COMMON OPEN AREA ( PUBLIC)

ROOF DECK
NOTE: 140 X14= 35 TREES TO BE PROVIDED ON SITE
3,411SQ.FT.

OPEN SPACE
TOTAL

BALCONY

REAR YARD

COURT YARD
982 SQ.FT
REC ROOM 1,040 SQ.FT

PRIVATE PUBLIC
14,578 SQ.FT
ROOF DECK 11,030 SQ.FT

OPEN SPACE PROVIDED
42,390 SQ.FT
14,760 SQ.FT
REAR YARD 982 SQ.FT
11,030 SQ.FT
14,760 SQ.FT
COURT YARD = 3,700 S.FT
REAR YARD = 250 SQ.FT
TOTAL = 6,950 SQ.FT > 6,693 312'-6"
( 20 'X 312.5' ) = 6,250 X %50 % = 3,125 SQ.FT
REQUIRED LANDSCAPING =
500'+ 225' +128'+ 200'+ 700 ' +86' +86'
86 SQ.FT.
86 SQ.FT.
+700 ' +536' + 225' +25' 30'-4"
16'-6" 28'-2"
8' 8'-6" 12'-10" 16'-6" 33'-4"
20' 30'-10" 32'-6" 20'

EXISTING WALL

TO BE REMAIN

EXISTING WALL

TO BE REMAIN

EXISTING WALL

TO BE REMAIN

EXISTING WALL

TO BE REMAIN

EXISTING WALL

TO BE REMAIN

EXISTING WALL TO BE REMAIN

EXISTING WALL TO BE REMAIN
12'-9"
Poplar Avenue
N 75°32'51" W 300.28' N 14°27'00" E 317.67' N 62°24'58" W 45.04' N 57°08'52" E N 50°58'32" E N 19°47'19" E 62.36' 49.00' N 14°27'00" E 6 0'
30' 30'
330.16'

30.00' 308.35'
ENGINEERING INC.

A1.2 DRAWING TITLE PROJECT OWNER
104
102
101
101
101
101
101
100
104 104 104 104 106
100
100
982 S.F
GYM
1,040

COURT YARD
14,760

OPEN SPACE DIAGRAM
2ND, 3RD& 4TH FLOOR OPEN SPACE DIAGRAM OPEN SPACE DIAGRAM 104 104 104 104
LOT AREA = 74,722.68 SQ,FT.
1ST FLOOR LOT COVERAGE = 42,960 SQ.FT = 57%
PARKING AREA ( BASEMENT ) LOT COVERAGE = 16,420 SQ.FT = 22% TOTAL =42,960+ 16,420 = 59,380 / 74,722.68 = 79%
102
102
102
102
102
102
102
102
102
100
100
100
103
104
LOT COVERAGE 12'-9" 5'-4"
8'-4"
PUBLIC OPEN SPACE = 16,782 SQ.FT
PRIVATE OPEN SPACE = 14,578 SQ.FT

PROVIDED
102
116,128 & 136 N. POPLAR AVE. MONTEBELLO CA 90640
7'-8" 13' 11'
4'-8"
5'-4" 13'
8'-4" 11'-8" 13'
8'-6"
8'-6" 12' 13'-6"
8'-6"
OPEN SPACE = 31,360 SQ.FT

OPEN SPACE

BALCONY

REAR YARD

COURT YARD
982 SQ.FT
14,760 SQ.FT
GYM 1,040 SQ.FT

PRIVET PUBLIC
1ST FLOOR OPEN SPACE DIAGRAM
3,568 SQ.FT

OPEN SPACE
TOTAL
2ND FLOOR BALCONY

PRIVET PUBLIC
3,670 SQ.FT
3RD FLOOR BALCONY
4TH FLOOR BALCONY
3,670 SQ.FT
3,670 SQ.FT
11,010 SQ.FT
104
102
101
101
101
101
101
104 104 104 104
106
100
100
100
104 104 104 104
102
102
102
102
102
102
102
102
102
100
100
100
103
104 12'-9" 5'-4"
8'-4"
102
7'-8" 13' 11'
4'-8"
5'-4" 13'
8'-4" 11'-8" 13'
8'-6"
8'-6" 12' 13'-6"
8'-6"
8'-7" 11'-8" 7'-6"
13'-6"
MAGNA & MAGNA ,INC 1520 WASHINGTON BLVD # 100 MONTEBELLO CA 90640 100
8'-7" 11'-8" 25'-6"
27'-3"

ENTRY CANOPY
20'
10'
PROVIDE 140 DOUBLE STACK

LONG-TERM BICYCLE PARKING LOT TIE PLAN
ENGINEERING INC.

A1.3 DRAWING TITLE PROJECT OWNER 3 3
12 12 9
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
23" 1' UP

DOWN TO
BASEMENT -1 DOWN TOBASEMENT -2
DOWN TO BASEMENT -1
116,128 & 136 N. POPLAR AVE.

MONTEBELLO, CA. 90640 4' 23" UP BA4-0 SLOPE 8% SLOPE 16% SLOPE 10% 212.83' 213.47'
MAGNA & MAGNA ,INC 1520 WASHINGTON BLVD # 100 MONTEBELLO CA 90640 15' 18' 20' 3
14 8'
14 20' 26'
8%SLOPE 16%SLOPE @ 8% SLOPE @ 16% SLOPE
202.40'
202.40'
201.73' 213.37' 212.73'
Poplar Avenue
N 75°32'51" W 300.28' N 14°27'00" E 317.67' N 62°24'58" W 45.04' N 57°08'52" E N 50°58'32" E N 19°47'19" E 62.36' 49.00' N 14°27'00" E 6 0'
30' 30'
330.16'

30.00' 308.35'
Parcel 1 of PTR
Parcel 2 of PTR
Parcel 3 of PTR
UP
1'
18' LOWER BASEMENT PLAN

LOWER BASEMENT PLAN
20'-1"
3 C
1 S
4 C
2 S
5 C
3 S
6 C
4 S
7 C
5 S
6 S
9 C
7 S
10 C
8 S
11 C
9 S
12 C
10 S
13 C
11 S
14 C
15 C
13 S
16 C
14 S
17 C
15 S
18 C
16 S
19 C
17 S
20 C
18 S
21 C
19 S
8 C
20 S
21 S
22 S
22 C 23 C 24 C
59 S
60 S
25 S
56 S
26 S
55 S
27 S
54 S
30 S
51 S
31 S
50 S
32 S
49 S
33 S
48 S
34 S
35 S
36 S
37 S
38 S
39 S
40 S
41 S
57 S
58 S
62 S
63 S
64 S
65 S
66 S
67 S
68 S
69 S
30 C
29 C
28 C
25 C
26 C
27 C
86 S
109 S
31 C
32 C
7'-5" 24'-4"
26'
78 S
79 S 7'-6"
80 S
81 S
82 S
28 S
29 S
52 S
53 S
61 S
88 S 110 S
87 S
1 C
2 C 3' UP
4' 24'-3"
5' 3'
ENGINEERING INC.

A2.0 DRAWING TITLE PROJECT OWNER
LEGEND
NOTE

2. E.VV
SD 3' 8'-6" 8'-6" 2'-2" 9' 9' 9' 1' 9' 12'-9" 9'-6" 9'
15' 18'
12 S
35 COMPACT
156 TOTAL 9' 9' 1' 9' 9' 1' 9' 9' 9' 15' 8'-6" 8'-6" 8'-6" 8'-6" 1' 8'-6" 8'-6" 8'-6" 5' 18' NO PARKING NO PARKING 9' 8'-6" 8'-6" 2'-2" 9' 9' 9' 1' 8'-6" 24'-4" 23" 3' 2'-8" 8'-6" 8'-6" 8'-6" 8'-6" 8'-6" 1' 8'-6"
31'-11" 3' 8'-6" 2'-2" 9' 9' 9' 1' 8'-6"
26' 8'-6" 8'-6" 8'-6" 1' 8'-6" 1' 8'-6"
1' 23" 1' 3 64'-1" 17'-9" 225'-2" 8'-11" 8" 8'-2" 8'-11" 9'-6"
23' 8'-10" 3 .
7' ELEVATOR
12 STORAGE
STG
#1,2 STG
#3,4 STG
#5,6 STG
#7,8 STG
#9,10
STG
# 13,14 STG
# 15,16 STG
# 17,18
STG
# 19,20 STG
# 21,22 STG
# 23,24 STG
# 25,26 STG
# 27,28 STG
# 29,30 STG
# 31,32 STG
# 33,34 STG
# 35,36 STG
# 37,38 STG
# 39,40 STG
# 41,42 STG
# 43,44 STG
# 45,46STG # 47,48 STG # 49,50
STG # 51,52
STG # 53,54
STG # 55,56
STG # 57,58
STG # 59,60
STG # 61,62
STG # 63,64
STG # 65,66 STG
# 67,68 1
STG
# 69,70
STG
# 71,72
STG
# 73,74
STG
# 75,76
STG
# 77,78
STG
# 79,80
STG
# 81,82 STG
# 83,84 STG
# 85,86 STG
# 87,88 STG
# 89,90 STG
# 91,92 STG
# 93,94 STG
# 95,96
STG # 97,98
STG #103,104
STG # 105,106
STG # 107,108
STG # 109,110
23 S 24 S
8'-9" 8'-6" 8'-6" 8'-6" 1'-6"
3'-9" 4' 1' 24' 9' 9' 9' 9' 9' 9' 1' 8'-6" 8'-6" 8'-6" 1' 8'-6" 8'-6" 8'-6" 1' 9' 9' 9' 1' 5'-1" 4' 10' 4'
18' 9' 9' 5'-8"
18' 15' 26' 18' 18' 18' 18'
18' 28' 1' 9' 8' 9' 1' 9' 8' 9' 1'
4' 10' 4'
34 C 35 C
117 STANDARD
5' 8'-6" 8'-6" 8'-6" 8" 20' 8'-6" 1' 8'-6" 8'-6" 8'-6"
28'-3"
18' 15'
STG
# 117
STG
# 118
STG
# 119
STG
# 115 .

ELEVATOR
UP
4'
1'
3 ELEVATOR . 9
12 8' 9' 4'-5" 5' 5' 23"
10 MECHANICAL ROOM 3'

NO PARKING
29'-5"
4' 14' 14' 4'
7'-4"
4'
4 EV ADA
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL

PL MECHANICAL ROOM
10 5' 5'-8" 5'
6'
6'
STG
#11,12 6'-5" 1' 9' 9' 9' 1' 9' 9' 9' 9' 8'-6" 8'-6" 8'-6" 1' 8'-6" 8'-6" 8'-6" 1' 24'-4" 8'-6" 1' 8'-6" 8'-6" 8'-6" 9' 8' 9' 8'-11" 1' 3' 9' 9' 1' 9' 7'-6" 2'-10"
STG
# 116 9'
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
116,128 & 136 N. POPLAR AVE.

MONTEBELLO, CA. 90640 5' 5' 5'
5'-8"
5'-1" 5' 6' 5' 5'
E.V
E.V
E.V
E.V 5' 5'

MECHANICAL ROOM
20'
STORAGE SIZE =
5 ' X 5'-8" X 4'-10" = 136.9 CU FEET
5'-6"
8'-6"
8'-6"
8'-6"
9'-11"
7'-1" CA4-0 CA4-0 A
A4-0 AA4-0
STG
# 69,70
STG 99,100
9 STG 101,102
STG # 111,112
STG # 113,114 18'
18'
9 23'-7" 9' 9' 9' 9' 9' 9' 24' 1' 9' 9' 9' 1'
STG
# 120,121
STG
# 122,123
STG
# 124,125
STG
# 126
28'
28'
28'
28' 1 1'-7"
45 S
44 S
43 S
42 S
46 S
47 S
70 S
72 S
73 S
74 S
75 S 8'-6" 8'-6" 8'-6" 1' 8'-6" 8'-6" 8'-6" 8'-6" 8'-6" 8'-6" 1' 8'-6" 8'-6" 8'-6" MAGNA & MAGNA ,INC 1520 WASHINGTON BLVD # 100 MONTEBELLO CA 90640 20' 260'-3" 20'
300'-3"
42'-10"
18' 15'
71 S
8'-3" 3'-3" 1' 1' 1' 3' 3'
E.V
E.V
E.V
E.V
4'
6'-1" E.V 5'-6" E.V
E.V
E.V
4' 3'-7" 4'-8" 5' 8'-11" 1' 1' 1'
12 5' 5' 6'
E.V
76 S
77 S
83 S
84 S
85 S
89 S
90 S
91 S
92 S
93 S
94 S
95 S
96 S
97 S
98 S
99 S
100 S
101 S
102 S
103 S
104 S
105 S 106 S
111 S
112 S
113 S 114 S
115 S
116 S
117 S
33 C
107 S 108 S
4' 4' 4' 3'-6" 15' 18'
5' 18' 15'
18' 18'
8' 190.00'
190.00'
190.64' @ 16% SLOPE
Poplar Avenue
N 75°32'51" W 300.28' N 14°27'00" E 317.67' N 62°24'58" W 45.04' N 57°08'52" E N 50°58'32" E N 19°47'19" E 62.36' 49.00' N 14°27'00" E 6 0'
30' 30'
330.16'

30.00' 308.35'
E.V
E.V
E.V
E.V
1 S
2 S
3 S
4 S
4'-11" 20'
28'
UPPER BASEMENT PLAN 20'
1 C 1 S
2 C 2 S
3 C 3 S
4 C 4 S
5 S 5 C
6 S
7 S 7 C
8 S 8 C
9 S 9 C
10 S 10 C
11 S 11 C
12 S 12 C
13 S 13 C
14 C 14 S
15 C 15 S
16 C 16 S
17 C 17 S
18 C 18 S
19 C 19 S
6 C
20 S 21 S 22 S
20 C 21 C
22 C
25 S
26 S
27 S
28 S
29 S
60 S
32 S
59 S
33 S
54 S
34 S
35 S
36 S
37 S
38 S
39 S
24 S
47 S
48 S
49 S
50 S
6 DA
27 C
26 C
23 C
34 C
33 C
32 C
25 C
24 C
23 S 31'
30 S
31 S
53 S
52 S
51 S
61 S
62 S
97 S 98 S 99 S
95 S 96 S
2 DA
1 DA
28 C
29 C 30 C
36 C 37 C
3 DA
10'
26'
TRASH

COMMERCIAL TRASH

CONTAINERS

ELECTRICAL ROOM
16' 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 64 66 68 72 74 76 78 80 82 84 86 88 90 92 94 96 98 100 102 104 106 108
120
122
124
126
128
130
132
134
136
138
140
70 PROVIDE 140 DOUBLE STACK
LONG-TERM BICYCLE PARKING 2' 6' UPPER BASEMENT PLAN
ENGINEERING INC.

A2.1 DRAWING TITLE PROJECT OWNER
LEGEND
NOTE

2. E.VV
SD 3' 8'-6" 8'-6" 8'-6" 1' 9' 7' 9' 9' 9' 1' 9' 9' 9' 9' UP 1'UP
4'
23"
1' 23" 3
23' 3 .
7' ELEVATOR 12 .

ELEVATOR
12 4 DA

NO PARKING
5 DA 3'-3" 3'-5" 8'-7" 9'-6" 5'-7" DN
1' 8'-6" 8'-6" 8'-6" DN
8'-6" 8'-6" 8'-6" 9' 1' 1' 1' 9' 9' 1' 9' 9' 9' 8'-6" 1' 24' 9' 9' 9' 1' 9' 9' 9' 9' 1' 9' 9' 9' 28' 8'-6" 1' 8'-6" 8'-6" 8'-6" 1' 24'-4" 8'-6" 1' 8'-6" 8'-6" 8'-6" 3' 18' 18' 9' 9' 9' 1' 9' 9' 9' 1' 9' 9' 7'-6"
15'
3 ELEVATOR .
12 5'
5'
UP
4'
1'
23" NO PARKING 1' 8'-6" 8'-6" 8'-6" 1' 8'-6" 8'-6" 8'-6" 1' 24'-4" 8'-6" 8'-6" 8'-6" 8'-6" 8'-6" 1' 8'-6" 8'-6" 8'-6" 1' 9' 8' 9' 1' 9' 8' 9' 1' 24'-4" 8'-6" 1' 8'-6" 8'-6" 8'-6" 3' 8'-6" 8'-6" 8'-6" 8'-6" 3' NO PARKING 9' 8' 9' 3'-9" 8'-6"
4' 8'-6" 9' 18' 15'
18' 18' 28' 18'
28'
18' 18' 18' 15' 28' 9
STG
#134
STG
#135 STG
#136
STG
#137
DN
28'
STG
#138
STG
#139
STG
#140
1' 8'-6" 8'-6" 6'-2"
18' 18' 26' 18' 15' 15' 18' 1'-6" 1'-6" 1'-6" 1'-6"
STG
# 132,133 STG
# 131
37 COMPACT
142 TOTAL
99 STANDARD
6 STANDARD(ADA)
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
23" 1' UP
9'-11" 14'
6'-7"
6'
118
116
114
112
62 8' 58' 8' 55'-9" 8'-11" 7'

DOWN TO
BASEMENT -1 DOWN TOBASEMENT -2
DOWN TO BASEMENT -1 3 3' 4'
3'-6" 6' 7'-11"
110
7'-8" 8'-11"
8'-5" 3'
STG
#129,130
STG
#127,128 7'-7" 6'-10" 8'-11"
4'-2"
1'-8" 1' 1' 9' 9' 7'-6"
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V
E.V E.V
E.V E.V
E.V E.V
E.V E.V
116,128 & 136 N. POPLAR AVE.

MONTEBELLO, CA. 90640

COMMERCIAL TRASH
CONTAINERS 4' 23"
28'
POOL EQUIPMENT 26'-2" 8' 57'-9"25'-2" 19'-4" A
A4-0
11'-8" A
A4-0 1 2 3 4 5 6 7 8 9 10 11 12
13 14
22 23 24
21 20
19 18 17
16 15

REQUIRED
1 BIN PER 7 UNIT
140/ 7 = 20

TRASH BIN

PROVIDED
24 TRASH BIN CA4-0 CA4-0 3
23"UP 4'
10"
26'
26'
18'
8'-6" 26' BA4-0 BA4-0
24'-9"
60 BUILDING STORAGE20'
19'-3"
35 C
4'-1"
4'
2'-5" 3'-3"
7'-1" 8' SLOPE 8% SLOPE 16%
SLOPE 10%
74' 10'-2"
212.83' 213.47'
20'-1"
19'-11" 54'-6" 68' 8'-6" 20'
E.V
55 S
56 S
57 S
58 S
MAGNA & MAGNA ,INC 1520 WASHINGTON BLVD # 100 MONTEBELLO CA 90640 8'-3" 15' 18'
18'
18'
18'
18' 18' 18' 15'
33'-8"
22'-7"
28'-2" 20' 24' 3' 27'-6" 9' 9' 1' 24'-4" 1' 8'-6" 8'-6" 8'-6" 1' 8'-6" 8'-6" 8'-6" 1' 9' 3' 9' 9' E.V
E.V
E.V 1' 8'-6" 8'-6" 8'-6" 8'-6" NO PARKING
NO PARKING 3
14 14
14 10
10 10
10 8' 25'-10"
E.V
18'
14 18'
25 20'
40 S
41 S
42 S
44 S
45 S
46 S
43 S
31 C 26'
8%SLOPE 16%SLOPE 8% SLOPE
8' @ 8% SLOPE

CEILING
29'-7" @1% SLOPE @.5% SLOPE @ 16% SLOPE
202.40'
202.15'
202.40'
202.40'
202.51'
213.00' 203.41'
202.32' 203.45' 202.81' 201.73' 213.37' 212.73' 190.64' 69' Poplar Avenue
N 75°32'51" W 300.28' N 14°27'00" E 317.67' N 62°24'58" W 45.04' N 57°08'52" E N 50°58'32" E N 19°47'19" E 62.36' 49.00' N 14°27'00" E 6 0'
30' 30'
330.16'

30.00' 308.35'
63 S
64 S
65 S
66 S
67 S
68 S
69 S
70 S
71 S
72 S
73 S
74 S
75 S
76 S
77 S
78 S
80 S
81 S
82 S
83 S
79 S
84 S
85 S
86 S
87 S
88 S
89 S
90 S
91 S
92 S
93 S
94 S
E.V
E.V 7'-6"
ENGINEERING INC.

A2.2 DRAWING TITLE PROJECT OWNER
LEGEND
NOTE

2. E.VV
SD FIRST FLOOR PLAN 9'x7' JACUZZI 14'x27' POOL FINISH

SEPARATE PERMIT
14' 6" FINISH 14"14"14" DRAIN BELOW

GUNITE UP
1'
4' DN
23" 6'
6'-6"
300'-3" 20'-1"
102'-8" 317'-8" 7'-1" 49'
18'-2"
62'-4"
243'
46'-11"
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6' 6'-2"
BALCONY 2 A
W5 2 2 1
SD A 8 8' 15'-7" 7'-6" 1'-6" 10'-3"
V 17'-6"
13' CLOSET 2 2 5' 2
REF.
11' 6'
8'-6"
W5
W5
SD
SD 7 KITCHEN
1'-6"
BATH 12' W9 W1
W6
W5
W1 W1
W5
W2
3'-10"
8' 3 V V REF. 14'-7" 11' A A 6 1'-6" MASTER BEDROOM #2 BEDROOM #1 KITCHEN BATH SD SD SD 2 2 2 22 11'-6" 71'-6" 9'-7" CLOSET BATH8' 6' 6'-2" 8 1 14'-9" 22'
LIVING ROOM DINING ROOM BALCONY 9'-11"
15'-1"
4'-4"

BALCONY
7'-6"
2'-6"
12'
MASTER BEDROOM #2
BEDROOM #1 LIVING ROOM DINING ROOM V CLOSETBATH
6'
6'-3"
2 A
W5
2 2 1 SD A
8 15'-6"
7'-6"10'-3"
1'-6"
V
13'-6"
CLOSET 2 2
5'
2 REF.
11'
6'
8'-6"
W5
W5
SD
7 KITCHEN 1'-6"
BATH
12'
SD

BALCONY
7'-6"
2'-6"
12'
MASTER BEDROOM #2
BEDROOM #1 LIVING ROOM DINING ROOM V
CLOSET
BATH
6'
6'-3"
2 A
W5
2 2 1 SD A
8 15'-6"
7'-6"10'-3"
1'-6"
V
13'-6"
CLOSET 2 2
5'
2 REF.
11'
6'
8'-6"
W5
W5
SD
7 KITCHEN 1'-6"
BATH
12'
SD
6'

BALCONY
7'-6"
2'-6"
12'
MASTER BEDROOM #2
BEDROOM #1 LIVING ROOM DINING ROOM V
CLOSET
BATH
6'
6'-3"
2 A
W5
2 2 1 SD A
8 15'-6"
7'-6"10'-3"
1'-6"
V
13'-6"
CLOSET 2 2
5'
2 REF.
11'
6'
8'-6"
W5
W5
SD
7 KITCHEN 1'-6"
BATH
12'
SD
CLOSET
10'-6"
REF.

MASTER BEDROOM
BALCONY 1 2 2 2 7 V
A
8 9'-4"
1'-6"7'-6"
3'-11"
1'-6"
5'-7"
5'-7"
#1
BATH
SD
SD

KITCHEN
13'-6"
1'-6"

LIVING ROOM DINING ROOM
7'-6"
13'-6"
11'-6"

BALCONY
REF.

V
14'-6"

BALCONY

LOW VOLTAGE ROOM
9'-10" 2 2 1
MASTER

BEDROOM
#2 BEDROOM
#1 A A 6
BATH
BATH
SD
SD
SD V 1 6'

LIVING ROOM
DINING ROOM 4 10'
10'-4"
3'-8"
11'-6" 8
15' 11' 13'
MASTER

BEDROOM
#2

BEDROOM
#1 1'-6"
BALCONY 11' 2 A
8'-6"
12'-8" A 6 8
2'-6"
SD
SD

BATH V CLOSET
BATH
6' 5'-3" REF.

KITCHEN 2 2 2
SD 7 5V
7'-6" 9'-4" 6'
1'-6"
4' 1 2
20' 8'-11"
SD
V
V 11' 11'-6" 10'
12'-8"

BALCONY

LIVING ROOM
DINING ROOM 8
8'-6" 1 2 22 2 6

BEDROOM
#1
26'-9" 17'-7"
5' 9'-6" 7'-6" 1'-6" 7 6 5' AA
2'-6"
W/D 4
9'-4"
4'-1" 4'-6"
BATH

KITCHEN
SD
SD

BEDROOM
#2 REF. 10'-8" 6'-6" 10'-6" V REF.

DINING ROOM

LIVING ROOM BALCONY
#1 BEDROOM 6'-7" A 13' 1 2 2 7
4'-4" 2'-1"

KITCHEN
CLOSET 2 BATH 8 1'-6" 5'-5" W/D
1'-6"
SD
SD
8'-4" 14'-8"
2'-6" 9'-6"
11'-7" 7'-6"
1 HOUR FIRE RATED CORRIDOR
1 HOUR FIRE RATED CORRIDOR
7' 9' ELEVATOR 12 3
1'
23"
UNIT # 102
750 SQ.FT.

UNIT # 132
1,320 SQ.FT.
13 13 3
15 ELEVATOR 12
1' 5' 8'-10"
23"
23"
1'
7' 8'-11"

FIRST FLOOR PLAN
SCALE : 1/16"=1'-0"
1 HOUR FIRE RATED CORRIDOR 1 HOUR FIRE RATED CORRIDOR UP DN EXIT EXIT
EXIT

TRASH ROOM
1'-6"
V BATH
GYM
1,040 SQ.FT.
112 9'-6" 9'-6" 3 23" 1' 1' V
REF. 1
1'-6" 4'-4"
BATH 22 2
9'-6" A1'-6" 7

KITCHEN

LIVING ROOM
DINING ROOM 8 BEDROOM
#1 6' CLOSET 12'-6"
SD
10'-6" 12' 4' 7'-10" 1'-6"
SD
UNIT # 133
700 SQ.FT. 13'

BALCONY

LIVING ROOM
DINING ROOM 1
8'-7"
2'-6" 8
UNIT #103
616 SQ.FT. BALCONY

KITCHEN

DINING ROOM
LIVING ROOM 1 8
SD
W/D
8'-4" REF.

V 1'-6" 2 7
7'-6" 9'-5" BATH 4 4'-3" 13'-3"REF.

KITCHEN V V 11' 6' 2 2 2 2 2 1 AA

BEDROOM
MASTER

BEDROOM
#1
CLOSET
BATH

LIVING ROOM
DINING ROOM 8
SD
SD
SD
9'-7" 4' 4'-9" 7 6
6'-4" 13' 4'-7"
6'-9" 11' 6' 9'-2" 6
8'-7"
BATH 11'-8"
#2 11'
10'-6" 1'-6" V

BALCONY V
7'-6"

BATH KITCHEN

LIVING ROOM DINING ROOM
BEDROOM #1 MASTER BEDROOM
#2
SD
SD 2 2 22 1 4 7 8 A A
SD
1'-6"
13'-6"
11'-6"
12'-2" 6 5'-9" CLOSET
BATH 1'-6"
2'-6"
7'-2" 2 12'-1"
14' 6'-6" REF. DN
UP
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL Transformer Pad Switch Gear Pad 9EXIT 4' 6'-1" 7'-10" 23" 1' UP DN
8'
DOWN TO BASEMENT -1 4' 1 9 EXIT 9 4
UNIT # 101
1,472 SQ.FT.
14'-7" 11'MASTER

BEDROOM
#3

BEDROOM
#1

LIVING ROOM

DINING ROOM
11'-4" 1'-6" 10'

BALCONY

BEDROOM
#2 AAA 22 10'-6" 5
8'-4" 5 1'-6" 8
SD
SD

V BATH V CLOSET
BATH REF.

KITCHEN 2 22 SD SD
7'-6" 6' 2
6' 1'-6" 1'-6" 4'-8" 2 3'-8"
5'
4'
10' 6'-6" 5'-6" 20'
20'
CLOSET
10'-6"
REF.

MASTER BEDROOM
BALCONY 1 2 2 2 7 V
A
8 9'-4"
1'-6"
7'-6"
3'-11"
1'-6"
5'-7"
5'-7"
#1
BATH
SD
SD

KITCHEN
13'-6"
1'-6"

LIVING ROOM DINING ROOM
7'-6"
13'-6"
11'-6"
58'
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET
REF.

KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
2'
2 2 2 A1 8
7'-6" V DINING ROOM 3'-11" BATH7'-10" 9'-2" 7
SD
SD
5'-3"
1'-6"
1'-6"
11'-10"
10'-6" 10'-2"
5'-3"
7'-9"
11'-11"
7'
9' ELEVATOR 3
12 15
13 13
UNIT # 130 730 SQ.FT. 3 3 4' 23" 1' 1' 23" UP DN EXIT TRASH ROOM 3 116,128 & 136 N. POPLAR AVE.

MONTEBELLO, CA. 90640 10'-10" 6'-8"
22'-11"
22'-11"
23"
51'-8" SLOPE 16%
SLOPE 10% 27'-6" 6'
10'
14'
KIDS PLAY AREA 5'-8" BBQ BBQ BBQ BBQ
WATER

FETCHER
BBQ BBQ BBQ BBQ 6' 6'
6'-2"
11'-1"
6'
38' 55' 11' 11'
10'
104 SQ.FT 104 SQ.FT 104 SQ.FT
104 SQ.FT 100 SQ.FT 100 SQ.FT 100 SQ.FT
110 SQ.FT
100 SQ.FT
100 SQ.FT
102 SQ.FT
100 SQ.FT
103 SQ.FT
104 SQ.FT
101 SQ.FT
101 SQ.FT
101 SQ.FT
101 SQ.FT
100 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
100 SQ.FT 100 SQ.FT
1100 S.F
101 SQ.FT A
A4-0 AA4-0 CA4-0 CA4-0
6' 3
23" DNUP 4' REF. 2 BATH
SD 9'-6" V 7 9 6
15 13 13

TRASH ROOM
EXIT EXIT EXIT BA4-0 BA4-0 EXIT
OFFICE
EXIT EXIT EXIT EXIT 8' 25' 2
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-2"
BALCONY 2 A
W5 2 2 1
SD 8 8' 15'-7" 7'-6"
10'-3" 1'-6" V
13' 2
REF. 5'-6"8'-6"
W5
W5
SD 7 KITCHEN
BATH
3'-10" W/D
CLOSET
14'-10"
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-2"
BALCONY 2 A
W5 2 2 1
SD A 8 8' 15'-7" 7'-6"
10'-3" 1'-6" V 17'-6"
13' CLOSET 2 2 5' 2
REF.
11' 6'8'-6"
W5
W5
SD
SD 7 KITCHEN
1'-6"
BATH 12' W9 W9 20'
20'-1"
MAGNA & MAGNA ,INC 1520 WASHINGTON BLVD # 100 MONTEBELLO CA 90640 19' 7' 39'-2" 500 SQ.FT.

LANDSCAPE 1 4 2 BEDROOM SD 13' 17'-5"
700 SQ.FT.

LANDSCAPE 5
200 SQ.FT.

LANDSCAPE 4 12'-10"
16'-6" 33'-4"
20'-6"
225 SQ.FT. 16' 8' 128 SQ.FT. 2'-2"
700 SQ.FT.

LANDSCAPE 5
536 SQ.FT.

LANDSCAPE 6
225 SQ.FT.

LANDSCAPE 8
16'-6" 32'-6" 30'-4"
16'-6"

MAIL BOX ROOM
UNIT # 107
1,170 SQ.FT. UNIT # 109
1,170 SQ.FT. UNIT # 111
1,170 SQ.FT. UNIT # 113
1,170 SQ.FT.

UNIT # 106
1,207 SQ.FT. UNIT # 108
1,207 SQ.FT. UNIT # 110
1,207 SQ.FT. UNIT # 104
1,207 SQ.FT.

UNIT # 116 760 SQ.FT.

UNIT # 117 760 SQ.FT.

UNIT # 119 760 SQ.FT.

UNIT # 121 760 SQ.FT.

UNIT # 123 760 SQ.FT.

UNIT # 125 760 SQ.FT.

UNIT # 127 760 SQ.FT.

UNIT # 128 760 SQ.FT.

UNIT # 129 760 SQ.FT.

UNIT # 131 730 SQ.FT.

UNIT # 118 1,175 SQ.FT.

UNIT # 120 1,207 SQ.FT.

UNIT # 122 1,207 SQ.FT.

UNIT # 124 1,207 SQ.FT.

UNIT # 126 760 SQ.FT.

UNIT # 134
1,100 SQ.FT.

UNIT # 135
1,160SQ.FT.

UNIT # 115 UNIT # 112 1,182 SQ.FT. 776 SQ.FT.

UNIT # 105
900 SQ.FT.

UNIT # 114
1,170 SQ.FT. TYPE D.1

TYPE A TYPE A TYPE A TYPE A
TYPE E
TYPE C.1

TYPE B TYPE B
TYPE H
TYPE F
TYPE B
TYPE B
TYPE B
TYPE I
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G.1
TYPE P
TYPE O
TYPE N
TYPE M
TYPE L.1
TYPE J.1
TYPE G
TYPE B
TYPE B
TYPE G.2
14'-2" 27'-6" 4
16'-3" 9'-5"
28 SQ.FT. 60 SQ.FT. 60 SQ.FT. 60 SQ.FT. 56 SQ.FT.
117 SQ.FT.
160 SQ.FT.
32 SQ.FT. 20 SQ.FT.
270 SQ.FT.
735
SQ.FT.
300
SQ.FT.
27 SQ.FT.
72 SQ.FT.
21 SQ.FT.
22 SQ.FT.
60 SQ.FT.
133 SQ.FT.
18 SQ.FT.
28 SQ.FT.
27 SQ.FT.
27 SQ.FT.
50 SQ.FT.
34 SQ.FT.
27 SQ.FT.
152 SQ.FT.
53 SQ.FT.
53 SQ.FT.
134 SQ.FT.
134 SQ.FT.
160 SQ.FT. 160 SQ.FT.

Poplar Avenue
N 75°32'51" W 300.28' N 14°27'00" E 317.67' N 62°24'58" W 45.04' N 57°08'52" E N 50°58'32" E N 19°47'19" E 62.36' 49.00' N 14°27'00" E 6 0'
30' 30'
330.16'

30.00' 308.35'

BASEMENT BELOW
F.S. 213.75'
213.60' 213.00' 213.20'
213.37' 212.73' 203.45' 18'-10"
UP
1'
4' DN
23"
10' 6'
6'-6"
300'-3"
20'-1"
102'-8" 317'-8" 8'-2" 7'-1" 49'
18'-2"
63'
246'
46'-11"
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6' 6'-2"
BALCONY 2 A
W5 2 2 1
SD A 8 8' 15'-7" 7'-6" 1'-6" 10'-3"
V 17'-6"
13' CLOSET 2 2 5' 2
REF.
11' 6'
8'-6"
W5
W5
SD
SD 7 KITCHEN
1'-6"
BATH 12' W9 W1
W6
W5
W1 W1
W5
W2
10' 3 CLOSET REF. KITCHEN LIVING ROOM BALCONY MASTER #1 BEDROOM 1'-6" 22 2A 1 10'-5" 12'-6" 6' 8 8'-6" 1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7 SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
18'-9"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET
REF.

KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
2'
2 2 2 A1 8
7'-6" V DINING ROOM 3'-11" BATH7'-10" 9'-2" 7
SD
SD
5'-3"
1'-6"
1'-6"
11'-10"
10'-6" 10'-2"
5'-3"
V
V
REF.
14'-7"
11'
A
A
6 1'-6" MASTER BEDROOM #2
BEDROOM #1

KITCHEN
BATH
SD
SD
SD
2 2 2
2 2
11'-6"
7 1'-6"
9'-7"
CLOSET
BATH8'
6'
6'-2"
8 1 14'-9" 22'
LIVING ROOM DINING ROOM BALCONY 9'-11"
15'-1"
4'-4"

BALCONY
7'-6"
2'-6"
12'
MASTER BEDROOM #2
BEDROOM #1 LIVING ROOM DINING ROOM V
CLOSET
BATH
6'
6'-3"
2 A
W5
2 2 1 SD A
8 15'-6"
7'-6"10'-3"
1'-6"
V
13'-6"
CLOSET 2 2
5'
2 REF.
11'
6'
8'-6"
W5
W5
SD
7 KITCHEN 1'-6"
BATH
12'
SD
6'

BALCONY
7'-6"
2'-6"
12'
MASTER BEDROOM #2
BEDROOM #1 LIVING ROOM DINING ROOM V
CLOSET
BATH
6'
6'-3"
2 A
W5
2 2 1 SD A
8 15'-6"
7'-6"10'-3"
1'-6"
V
13'-6"
CLOSET 2 2
5'
2 REF.
11'
6'
8'-6"
W5
W5
SD
7 KITCHEN 1'-6"
BATH
12'
SD
CLOSET
10'-6"
REF.

MASTER BEDROOM
BALCONY 1 2 2 2 7 V
A
8 9'-4"
1'-6"7'-6"
3'-11"
1'-6"
5'-7"
5'-7"
#1
BATH
SD
SD

KITCHEN
13'-6"
1'-6"

LIVING ROOM DINING ROOM
7'-6"
13'-6"
11'-6"
11'
MASTER BEDROOM #2
BEDROOM #1
12'
REF.
12'-5"
2 1'-6"
SD
SD
2 1 8

6.1 BEDROOM #3
A
14'-6"
5 LIVING ROOM DINING ROOM
2' KITCHEN 14'-4" 12'-3" BATH V 2 7
BATH
V 7'-6"
4'
5'-7" CLOSET 2
2 6
6 2
6'-9"
4'-6" 2' 9'-4"
9'-8" 1'-6"
A14'-8" 14'-7" 8'-8"
9'-8"
15' 11' 13'
MASTER

BEDROOM
#2

BEDROOM
#1 1'-6"
BALCONY 11' 2 A
8'-6"
12'-8" A 6 8
2'-6"
SD
SD

BATH V CLOSET
BATH
6' 5'-3" REF.

KITCHEN 2 2 2
SD 7 5V
7'-6" 9'-4" 6'
1'-6"
4' 1 2
20'
20' 8'-11"
SD
7'-9"
11'-11"
7'
9'
V
V 11' 11'-6" 10'
12'-8"

BALCONY

LIVING ROOM
DINING ROOM 8
8'-6" 1 2 22 2 6

BEDROOM
#1
26'-9" 17'-7"
5' 9'-6" 7'-6" 1'-6" 7 6 5' AA
2'-6"
W/D 4
9'-4"
4'-1" 4'-6"
BATH

KITCHEN
SD
SD

BEDROOM
#2 REF. 10'-8" 6'-6" 10'-6" V REF.

DINING ROOM

LIVING ROOM BALCONY
#1 BEDROOM 6'-7" A 13' 1 2 2 7
4'-4" 2'-1"

KITCHEN
CLOSET 2 BATH 8 1'-6" 5'-5" W/D
1'-6"
SD
SD
8'-4" 14'-8"
2'-6" 9'-6"
11'-7" 7'-6"

BALCONY
18'-6" 12'-3" 13'-6" REF.
4'

KITCHEN V
10'-11"

BEDROOM
#1
13'-2"
BATH 1'-6" V
CLOSET
BATH 7'-2"
7'-6" 7'-7"
15'-8" 2' 3'-1"

DINING ROOM
LIVING ROOM 17 AA 2 2 2
SD
SD
SD
19'-6" 2 2 W/D
3'-10"
8'-4" 6 11'-6" BEDROOM
#2
4'-6" 8
4'-4" ENGINEERING INC.

A2.3 DRAWING TITLE PROJECT OWNER
LEGEND
NOTE

2. E.VV
SD SECOND FLOOR PLAN1 HOUR FIRE RATED CORRIDOR 1 HOUR FIRE RATED CORRIDOR 7' 9' ELEVATOR
ELEVATOR 3
12 15
13 13
12 3
1'
23"
UNIT # 202
750 SQ.FT.

UNIT #203
1,360 SQ.FT.

UNIT # 207
1,170 SQ.FT. UNIT # 209
1,170 SQ.FT. UNIT # 211
1,170 SQ.FT. UNIT # 213
1,170 SQ.FT.

UNIT # 206
1,207 SQ.FT. UNIT # 208
1,207 SQ.FT. UNIT # 210
1,207 SQ.FT. UNIT # 204
1,207 SQ.FT.

UNIT # 216 760 SQ.FT.

UNIT # 217 760 SQ.FT.

UNIT # 219 760 SQ.FT.

UNIT # 221 760 SQ.FT.

UNIT # 223 760 SQ.FT.

UNIT # 225 760 SQ.FT.

UNIT # 227 760 SQ.FT.

UNIT # 228 760 SQ.FT.

UNIT # 229 760 SQ.FT.

UNIT # 231 730 SQ.FT.

UNIT # 232
1,380 SQ.FT.

UNIT # 218 1,175 SQ.FT.

UNIT # 220 1,207 SQ.FT.

UNIT # 222 1,207 SQ.FT.

UNIT # 224 1,207 SQ.FT.

UNIT # 226 730 SQ.FT.

UNIT # 230 1,780 SQ.FT.

UNIT # 233
1,500 SQ.FT.

UNIT # 234
1,100 SQ.FT.

UNIT # 235
1,160SQ.FT.
13 13 3
15 ELEVATOR 12
1'
8'-10" 5'-2"
23"
23"
1'
7' 8'-11"

SECOND FLOOR PLAN
SCALE : 1/16"=1'-0"
1 HOUR FIRE RATED CORRIDOR 1 HOUR FIRE RATED CORRIDOR3 3 4' 23" 1' 1' 23" UP DN UP DN EXIT EXIT
EXIT
EXIT

TRASH ROOM

TRASH ROOM
UNIT # 215 1,182 SQ.FT. V
REF. 1
1'-6" 4'-4"
BATH 22 2
9'-6" A1'-6" 7

KITCHEN

LIVING ROOM
DINING ROOM 8 BEDROOM
#1 6' CLOSET 12'-6"
SD
10'-6" 12' 4' 7'-10" 1'-6"
SD REF.

KITCHEN V V 11' 6' 2 2 2 2 2 1 AA

BEDROOM
MASTER

BEDROOM
#1
CLOSET
BATH

LIVING ROOM
DINING ROOM 8
SD
SD
SD
9'-7" 4' 4'-9" 7 6
6'-4" 13' 4'-7"
6'-9" 11' 6' 9'-2" 6
8'-7"
BATH 11'-8"
#2 11'
10'-6" 1'-6" V

BALCONY V
7'-6"

BATH KITCHEN

LIVING ROOM DINING ROOM
BEDROOM #1 MASTER BEDROOM
#2
SD
SD 2 2 22 1 4 7 8 A A
SD
1'-6"
13'-6"
11'-6"
12'-2" 6 5'-9" CLOSET
BATH 1'-6"
2'-6"
7'-2" 2 12'-1"
14' 6'-6" REF.

UNIT # 212
776 SQ.FT. 3
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
UNIT # 201
1,562 SQ.FT.
14'-7" 11' 17'-8"
MASTER

BEDROOM
#3

BEDROOM
#1

LIVING ROOM

DINING ROOM
11'-4" 1'-6" 10'

BALCONY

BEDROOM
#2 AAA 2 1 2 10'-6" 5
8'-4" 5 1'-6" 8
SD
SD

V BATH V CLOSET
BATH REF.

KITCHEN 2 22 SD SD
7'-6" 6' 2
6' 1'-6" 1'-6" 4'-8" 2 3'-8"
5'
4'
10' 13'
UNIT # 205
1,136 SQ.FT.
12'
116,128 & 136 N. POPLAR AVE.

MONTEBELLO , CA. 90640 3 23" 1' 1' DN UP 4' 6'-1" 7'-10" 23" 23" UP DN
3'-10"
20'
11'
260'-3" 7'-1" 303'-8" 8'-2"
104 SQ.FT 104 SQ.FT 104 SQ.FT 104 SQ.FT 104 SQ.FT
104 SQ.FT 104SQ.FT 104 SQ.FT 104 SQ.FT
106 SQ.FT
100 SQ.FT
100 SQ.FT
102 SQ.FT
100 SQ.FT
103 SQ.FT
104 SQ.FT
207 SQ.FT
101 SQ.FT
101 SQ.FT
101 SQ.FT
101 SQ.FT
100 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
100 SQ.FT 100 SQ.FT
OPEN TO BELOW 13' REF.

KITCHEN
23'-11"
4'-5"

BALCONY
V
14'-2"
13'
V
4'-5" 22 2 2 2 2 7 6 6 BATH

LIVING ROOM

DINING ROOM
MASTER

BEDROOM

BEDROOM
#1

BEDROOM
#3
#2 1 8'-6"
2'-6"
SD
SD
SD 8 AA A 5'-6" 9'-10"7'-4"
CLOSET
14'-2" 11'-1"
BATH 11' SD 1'-6" 6 12'
15 13 13
TRASH ROOM 6'-2" 6
7' 8' 3
23" DNUP 4' A
A4-0 CA4-0 CA4-0 BA4-0 BA4-0 AA4-0
Poplar Avenue
6'
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6' 6'-2"
BALCONY 2 A
W5 2 2 1
SD A 8 8' 15'-7" 7'-6" 1'-6" 10'-3"
V 17'-6"
13' CLOSET 2 2 5' 2
REF.
11' 6'
8'-6"
W5
W5
SD
SD 7 KITCHEN
1'-6"
BATH 12' W9 W1
W6
W5
W1 W1
W5
W2
2'-6"
REF.

V
11'
11'
10'-6"

BALCONY

LOW VOLTAGE ROOM
9'-10" 2 2 2 2 2 1
MASTER

BEDROOM
#2 BEDROOM
#1

BEDROOM
#3 A A A 6
CLOSET
BATH
BATH
SD
SD
SD
SD
V 1'-6" 1 7'-6"
8'-1"
4'-6" LIVING ROOM
DINING ROOM 4 5'-10"
10'
10'-4"
3'-8"
11'-6"
14'-3" 8 6'-1"
13'
1'-6" 2 2
5' 5'
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-2"
BALCONY 2 A
W5 2 2 1
SD A 8 8' 15'-7" 7'-6"
10'-3" 1'-6" V 17'-6"
13' CLOSET 2 2 5' 2
REF.
11' 6'8'-6"
W5
W5
SD
SD 7 KITCHEN
1'-6"
BATH 12' W9 W9
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-2"
BALCONY 2 A
W5 2 2 1
SD A 8 8' 15'-7" 7'-6"
10'-3" 1'-6" V 17'-6"
13' CLOSET 2 2 5' 2
REF.
11' 6'8'-6"
W5
W5
SD
SD 7 KITCHEN
1'-6"
BATH 12' W9 W9
UNIT # 214
1,170 SQ.FT.

MAGNA & MAGNA ,INC 1520 WASHINGTON BLVD # 100 MONTEBELLO CA 90640 TYPE D

TYPE A TYPE A TYPE A TYPE A
TYPE E
TYPE C

TYPE B TYPE B TYPE B
TYPE B
TYPE H
TYPE F
TYPE B
TYPE B
TYPE B
TYPE I
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G.1
TYPE P
TYPE O
TYPE N
TYPE M
TYPE L
TYPE J
TYPE G2
TYPE K
ENGINEERING INC.

A2.4 DRAWING TITLE PROJECT OWNER
LEGEND
NOTE

2. E.VV

SD THIRD FLOOR PLAN

THIRD FLOOR PLAN
SCALE : 1/16"=1'-0"
116,128 & 136 N. POPLAR AVE.

MONTEBELLO, CA. 90640 UP
1'
4' DN
23"
10' 6'
6'-6"
300'-3"
20'-1"
102'-8" 317'-8" 8'-2" 7'-1" 49'
18'-2"
63'
246'
46'-11"
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
18'-9"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET
REF.

KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
2'
2 2 2 A1 8
7'-6" V DINING ROOM 3'-11" BATH7'-10" 9'-2" 7
SD
SD
5'-3"
1'-6"
1'-6"
11'-10"
10'-6" 10'-2"
5'-3"
V
V
REF.
14'-7"
11'
A
A
6 1'-6" MASTER BEDROOM #2
BEDROOM #1

KITCHEN
BATH
SD
SD
SD
2 2 2
2 2
11'-6"
7 1'-6"
9'-7"
CLOSET
BATH8'
6'
6'-2"
8 1 14'-9" 22'
LIVING ROOM DINING ROOM BALCONY 9'-11"
15'-1"
4'-4"

BALCONY
7'-6"
2'-6"
12'
MASTER BEDROOM #2
BEDROOM #1 LIVING ROOM DINING ROOM V
CLOSET
BATH
6'
6'-3"
2 A
W5
2 2 1 SD A
8 15'-6"
7'-6"10'-3"
1'-6"
V
13'-6"
CLOSET 2 2
5'
2 REF.
11'
6'
8'-6"
W5
W5
SD
7 KITCHEN 1'-6"
BATH
12'
SD
6'

BALCONY
7'-6"
2'-6"
12'
MASTER BEDROOM #2
BEDROOM #1 LIVING ROOM DINING ROOM V
CLOSET
BATH
6'
6'-3"
2 A
W5
2 2 1 SD A
8 15'-6"
7'-6"10'-3"
1'-6"
V
13'-6"
CLOSET 2 2
5'
2 REF.
11'
6'
8'-6"
W5
W5
SD
7 KITCHEN 1'-6"
BATH
12'
SD
CLOSET
10'-6"
REF.

MASTER BEDROOM
BALCONY 1 2 2 2 7 V
A
8 9'-4"
1'-6"7'-6"
3'-11"
1'-6"
5'-7"
5'-7"
#1
BATH
SD
SD

KITCHEN
13'-6"
1'-6"

LIVING ROOM DINING ROOM
7'-6"
13'-6"
11'-6"
11'
MASTER BEDROOM #2
BEDROOM #1
12'
REF.
12'-5"
2 1'-6"
SD
SD
2 1 8

BEDROOM
#2

BEDROOM
#1 1'-6"
BALCONY 11' 2 A
8'-6"
12'-8" A 6 8
2'-6"
SD
SD

BATH V CLOSET
BATH
6' 5'-3" REF.

KITCHEN 2 2 2
SD 7 5V
7'-6" 9'-4" 6'
1'-6"
4' 1 2
20'
20' 8'-11"
SD
7'-9"
11'-11"
7'
9'
V
V 11' 11'-6" 10'
12'-8"

BALCONY

LIVING ROOM
DINING ROOM 8
8'-6" 1 2 22 2 6

BEDROOM
#1
26'-9" 17'-7"
5' 9'-6" 7'-6" 1'-6" 7 6 5' AA
2'-6"
W/D 4
9'-4"
4'-1" 4'-6"
BATH

KITCHEN
SD
SD

BEDROOM
#2 REF. 10'-8" 6'-6" 10'-6" V REF.

DINING ROOM

LIVING ROOM BALCONY
#1 BEDROOM 6'-7" A 13' 1 2 2 7
4'-4" 2'-1"

KITCHEN
CLOSET 2 BATH 8 1'-6" 5'-5" W/D
1'-6"
SD
SD
8'-4" 14'-8"
2'-6" 9'-6"
11'-7" 7'-6"

BALCONY
18'-6" 12'-3" 13'-6" REF.
4'

KITCHEN V
10'-11"

BEDROOM
#1
13'-2"
BATH 1'-6" V
CLOSET
BATH 7'-2"
7'-6" 7'-7"
15'-8" 2' 3'-1"

DINING ROOM
LIVING ROOM 17 AA 2 2 2
SD
SD
SD
19'-6" 2 2 W/D
3'-10"
8'-4" 6 11'-6" BEDROOM
#2
4'-6" 8
4'-4"
1 HOUR FIRE RATED CORRIDOR
1 HOUR FIRE RATED CORRIDOR
7' 9' ELEVATOR
ELEVATOR 3
12 15
13 13
12 3
1'
23"
13 13 3
15 ELEVATOR 12
1'
8'-10" 5'-2"
23"
23"
1'
7' 8'-11"
1 HOUR FIRE RATED CORRIDOR 1 HOUR FIRE RATED CORRIDOR3 3 4' 23" 1' 1' 23" UP DN UP DN EXIT EXIT
EXIT
EXIT

TRASH ROOM

TRASH ROOM V
REF. 1
1'-6" 4'-4"
BATH 22 2
9'-6" A1'-6" 7

KITCHEN

LIVING ROOM
DINING ROOM 8 BEDROOM
#1 6' CLOSET 12'-6"
SD
10'-6" 12' 4' 7'-10" 1'-6"
SD REF.

KITCHEN V V 11' 6' 2 2 2 2 2 1 AA

BEDROOM
MASTER

BEDROOM
#1
CLOSET
BATH

LIVING ROOM
DINING ROOM 8
SD
SD
SD
9'-7" 4' 4'-9" 7 6
6'-4" 13' 4'-7"
6'-9" 11' 6' 9'-2" 6
8'-7"
BATH 11'-8"
#2 11'
10'-6" 1'-6" V

BALCONY V
7'-6"

BATH KITCHEN

LIVING ROOM DINING ROOM
BEDROOM #1 MASTER BEDROOM
#2
SD
SD 2 2 22 1 4 7 8 A A
SD
1'-6"
13'-6"
11'-6"
12'-2" 6 5'-9" CLOSET
BATH 1'-6"
2'-6"
7'-2" 2 12'-1"
14' 6'-6" REF. 3
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
PL
UNIT # 301
1,562 SQ.FT.
14'-7" 11' 17'-8"
MASTER

BEDROOM
#3

BEDROOM
#1

LIVING ROOM

DINING ROOM
11'-4" 1'-6" 10'

BALCONY

BEDROOM
#2 AAA 2 1 2 10'-6" 5
8'-4" 5 1'-6" 8
SD
SD

V BATH V CLOSET
BATH REF.

KITCHEN 2 22 SD SD
7'-6" 6' 2
6' 1'-6" 1'-6" 4'-8" 2 3'-8"
5'
4'
10' 13' 12' 3 23" 1' 1' DN UP 4' 6'-1" 7'-10" 23" 23" UP DN
3'-10"
20'
11'
260'-3" 7'-1" 303'-8" 8'-2"
104 SQ.FT 104 SQ.FT 104 SQ.FT104 SQ.FT 104 SQ.FT
104 SQ.FT 104SQ.FT 104 SQ.FT 104 SQ.FT
106 SQ.FT
100 SQ.FT
100 SQ.FT
102 SQ.FT
100 SQ.FT
103 SQ.FT
104 SQ.FT
207 SQ.FT
101 SQ.FT
101 SQ.FT
101 SQ.FT
101 SQ.FT
100 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
102 SQ.FT
100 SQ.FT 100 SQ.FT
OPEN TO BELOW 13' REF.

KITCHEN
23'-11"
4'-5"

BALCONY
V
14'-2"
13'
V
4'-5" 22 2 2 2 2 7 6 6 BATH

LIVING ROOM

DINING ROOM
MASTER

BEDROOM

BEDROOM
#1

BEDROOM
#3
#2 1
8'-6"
2'-6"
SD
SD
SD 8 AA A 5'-6" 9'-10"7'-4"
CLOSET
14'-2" 11'-1"
BATH 11' SD 1'-6" 6 12'
15 13 13
TRASH ROOM 6'-2" 6
7' 8' 3
23" DNUP 4' A
A4-0 CA4-0 CA4-0 BA4-0 BA4-0 AA4-0
6'
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

V
11'
11'
10'-6"

BALCONY

LOW VOLTAGE ROOM
9'-10" 2 2 2 2 2 1
MASTER

BEDROOM
#2 BEDROOM
#1

BEDROOM
#3 A A A 6
CLOSET
BATH
BATH
SD
SD
SD
SD
V 1'-6" 1 7'-6"
8'-1"
4'-6" LIVING ROOM
DINING ROOM 4 5'-10"
10'
10'-4"
3'-8"
11'-6"
14'-3" 8 6'-1"
13'
1'-6" 2 2
5' 5'
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-2"
BALCONY 2 A
W5 2 2 1
SD A 8 8' 15'-7" 7'-6"
10'-3" 1'-6" V 17'-6"
13' CLOSET 2 2 5' 2
REF.
11' 6'8'-6"
W5
W5
SD
SD 7 KITCHEN
1'-6"
BATH 12' W9 W9
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-2"
BALCONY 2 A
W5 2 2 1
SD A 8 8' 15'-7" 7'-6"
10'-3" 1'-6" V 17'-6"
13' CLOSET 2 2 5' 2
REF.
11' 6'8'-6"
W5
W5
SD
SD 7 KITCHEN
1'-6"
BATH 12' W9 W9
MAGNA & MAGNA ,INC 1520 WASHINGTON BLVD # 100 MONTEBELLO CA 90640 7' UNIT # 302
750 SQ.FT.

UNIT #303
1,360 SQ.FT.

UNIT # 307
1,170 SQ.FT. UNIT # 309
1,170 SQ.FT. UNIT # 311
1,170 SQ.FT. UNIT # 313
1,170 SQ.FT.

UNIT # 306
1,207 SQ.FT. UNIT # 308
1,207 SQ.FT. UNIT # 310
1,207 SQ.FT. UNIT # 304
1,207 SQ.FT.

UNIT # 316 760 SQ.FT.

UNIT # 317 760 SQ.FT.

UNIT # 319 760 SQ.FT.

UNIT # 221 760 SQ.FT.

UNIT # 323 760 SQ.FT.

UNIT # 325 760 SQ.FT.

UNIT # 327 760 SQ.FT.

UNIT # 328 760 SQ.FT.

UNIT # 329 760 SQ.FT.

UNIT # 331 730 SQ.FT.

UNIT # 332
1,380 SQ.FT.

UNIT # 318 1,175 SQ.FT.

UNIT # 320 1,207 SQ.FT.

UNIT # 322 1,207 SQ.FT.

UNIT # 324 1,207 SQ.FT.

UNIT # 326 730 SQ.FT.

UNIT # 330 1,780 SQ.FT.

UNIT # 333
1,500 SQ.FT.

UNIT # 334
1,100 SQ.FT.

UNIT # 335
1,160SQ.FT.

UNIT # 315 UNIT # 312 1,182 SQ.FT.
776 SQ.FT.

UNIT # 305
1,136 SQ.FT.

UNIT # 314
1,170 SQ.FT. TYPE D

TYPE A TYPE A TYPE A TYPE A
TYPE E
TYPE C

TYPE B TYPE B
TYPE H
TYPE F
TYPE B
TYPE B
TYPE B
TYPE I
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G.1
TYPE P
TYPE O
TYPE N
TYPE M
TYPE L
TYPE J
TYPE G2
TYPE K
TYPE B
TYPE B
ENGINEERING INC.

A2.5 DRAWING TITLE PROJECT OWNER
LEGEND
NOTE

2. E.VV

SD FOURTH FLOOR PLAN

FOURTH FLOOR PLAN
SCALE : 1/16"=1'-0"
116,128 & 136 N. POPLAR AVE.

MONTEBELLO, CA. 90640 UP
1'
4' DN
23"
10' 6'
6'-6"
300'-3"
20'-1"
102'-8" 317'-8" 8'-2" 7'-1" 49'
18'-2"
62'-4"
243'
46'-11"
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12' MASTER

BEDROOM
BEDROOM #2
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-4"
BALCONY 2 A
W5 2 2 1
SD 8 16'-1" 7'-6"
10'-3" 1'-6" V 18'
13' CLOSET 5'-5" 2
REF.
11'-6" 6'
9'
W5
W5
SD 7 SD

KITCHEN
1'-6"
BATH 2 2 8'
W9 A
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6' 6'-2"
BALCONY 2 A
W5 2 2 1
SD A 8 8' 15'-7" 7'-6" 1'-6" 10'-3"
V 17'-6"
13' CLOSET 2 2 5' 2
REF.
11' 6'
8'-6"
W5
W5
SD
SD 7 KITCHEN
1'-6"
BATH 12' W9 W1
W6
W5
W1 W1
W5
W2
10' 3 CLOSET REF. KITCHEN LIVING ROOM BALCONY MASTER #1 BEDROOM 1'-6" 2 2 2 A 1 10'-5" 12'-6" 6' 8 8'-6" 1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7 SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
18'-9"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET REF. KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
1'-6" 2
2 2
A 1 10'-5" 12'-6" 6'
8 8'-6"
1'-6" V DINING ROOM 3'-9" BATH 9'-7" 7
SD
SD
1'-6"
2'-6"
12' 17'
12'
4'-9"
7'-6"
CLOSET
REF.

KITCHEN

LIVING ROOM

BALCONY
MASTER #1 BEDROOM
2'
2 2 2 A1 8
7'-6" V DINING ROOM 3'-11" BATH7'-10" 9'-2" 7
SD
SD
5'-3"
1'-6"
1'-6"
11'-10"
10'-6" 10'-2"
5'-3"
V
V
REF.
14'-7"
11'
A
A
6 1'-6" MASTER BEDROOM #2
BEDROOM #1

KITCHEN
BATH
SD
SD
SD
2 2 2
2 2
11'-6"
7 1'-6"
9'-7"
CLOSET
BATH8'
6'
6'-2"
8 1 14'-9" 22'
LIVING ROOM DINING ROOM BALCONY 9'-11"
15'-1"
4'-4"
BALCONY 7'-6"
2'-6"
12'
MASTER BEDROOM #2
BEDROOM #1 LIVING ROOM DINING ROOM V
CLOSET
BATH
6'
6'-3"
2 A
W5
2 2 1 SD A
8 15'-6"
7'-6"10'-3"
1'-6"
V
13'-6"
CLOSET 2 2
5'
2 REF.
11'
6'
8'-6"
W5
W5
SD
7 KITCHEN 1'-6"
BATH
12'
SD

BALCONY
7'-6"
2'-6"
12'
MASTER BEDROOM #2
BEDROOM #1 LIVING ROOM DINING ROOM V
CLOSET
BATH
6'
6'-3"
2 A
W5
2 2 1 SD A
8 15'-6"
7'-6"10'-3"
1'-6"
V
13'-6"
CLOSET 2 2
5'
2 REF.
11'
6'
8'-6"
W5
W5
SD
7 KITCHEN 1'-6"
BATH
12'
SD
6'

BALCONY
7'-6"
2'-6"
12'
MASTER BEDROOM #2
BEDROOM #1 LIVING ROOM DINING ROOM V
CLOSET
BATH
6'
6'-3"
2 A
W5
2 2 1 SD A
8 15'-6"
7'-6"10'-3"
1'-6"
V
13'-6"
CLOSET 2 2
5'
2 REF.
11'
6'
8'-6"
W5
W5
SD
7 KITCHEN 1'-6"
BATH
12'
SD
CLOSET
10'-6"
REF.

MASTER BEDROOM
BALCONY 1 2 2 2 7 V
A
8 9'-4"
1'-6"7'-6"
3'-11"
1'-6"
5'-7"
5'-7"
#1
BATH
SD
SD

KITCHEN
13'-6"
1'-6"

LIVING ROOM DINING ROOM
7'-6"
13'-6"
11'-6"
11'
MASTER BEDROOM #2
BEDROOM #1
12'
REF.
12'-5"
2 1'-6"
SD
SD
2 1 8

BEDROOM
#2

BEDROOM
#1 1'-6"
BALCONY 11' 2 A
8'-6"
12'-8" A 6 8
2'-6"
SD
SD

BATH V CLOSET
BATH
6' 5'-3" REF.

KITCHEN 2 2 2
SD 7 5V
7'-6" 9'-4" 6'
1'-6"
4' 1 2
20'
20' 8'-11"
SD
7'-9"
11'-11"
7'
9'
V
V 11' 11'-6" 10'
12'-8"

BALCONY

LIVING ROOM
DINING ROOM 8
8'-6" 1 2 22 2 6

BEDROOM
#1
26'-9" 17'-7"
5' 9'-6" 7'-6" 1'-6" 7 6 5' AA
2'-6"
W/D 4
9'-4"
4'-1" 4'-6"
BATH

KITCHEN
SD
SD

BEDROOM
#2 REF. 10'-8" 6'-6" 10'-6" V REF.

DINING ROOM

LIVING ROOM BALCONY
#1 BEDROOM 6'-7" A 13' 1 2 2 7
4'-4" 2'-1"

KITCHEN
CLOSET 2 BATH 8 1'-6" 5'-5" W/D
1'-6"
SD
SD
8'-4" 14'-8"
2'-6" 9'-6"
11'-7" 7'-6"

BALCONY
18'-6" 12'-3" 13'-6" REF.
4'

KITCHEN V
10'-11"

BEDROOM
#1
13'-2"
BATH 1'-6" V
CLOSET
BATH 7'-2"
7'-6" 7'-7"
15'-8" 2' 3'-1"

DINING ROOM
LIVING ROOM 17 AA 2 2 2
SD
SD
SD
19'-6" 2 2 W/D
3'-10"
8'-4" 6 11'-6" BEDROOM
#2
4'-6" 8
4'-4"
1 HOUR FIRE RATED CORRIDOR
1 HOUR FIRE RATED CORRIDOR
7' 9' ELEVATOR
ELEVATOR 3
12 15
13 13
12 3
1'
23"
UNIT # 428 1,207 SQ.FT.
13 13 3
15 ELEVATOR 12
1'
8'-10" 5'-2"
23"
23"
1'
7' 8'-11"
1 HOUR FIRE RATED CORRIDOR 1 HOUR FIRE RATED CORRIDOR3 3 4' 23" 1' 1' 23" UP DN UP DN EXIT EXIT
EXIT
EXIT

TRASH ROOM

TRASH ROOM V
REF. 1
1'-6" 4'-4"
BATH 22 2
9'-6" A1'-6" 7

KITCHEN

LIVING ROOM
DINING ROOM 8 BEDROOM
#1 6' CLOSET 12'-6"
SD
10'-6" 12' 4' 7'-10" 1'-6"
SD REF.

KITCHEN V V 11' 6' 2 2 2 2 2 1 AA

BEDROOM
MASTER

BEDROOM
#1
CLOSET
BATH

LIVING ROOM
DINING ROOM 8
SD
SD
SD
9'-7" 4' 4'-9" 7 6
6'-4" 13' 4'-7"
6'-9" 11' 6' 9'-2" 6
8'-7"
BATH 11'-8"
#2 11'
10'-6" 1'-6" V

BALCONY V
7'-6"

BATH KITCHEN

BEDROOM
#3

BEDROOM
#1

LIVING ROOM

DINING ROOM
11'-4" 1'-6" 10'

BALCONY

BEDROOM
#2 AAA 2 1 2 10'-6" 5
8'-4" 5 1'-6" 8
SD
SD

V BATH V CLOSET
BATH REF.

KITCHEN
23'-11"
4'-5"

BALCONY
V
14'-2"
13'
V
4'-5" 22 2 2 2 2 7 6 6 BATH

LIVING ROOM

DINING ROOM
MASTER

BEDROOM

BEDROOM
#1

BEDROOM
#3
#2 1 8'-6"
2'-6"
SD
SD
SD 8 AA A 5'-6" 9'-10"7'-4"
CLOSET
14'-2" 11'-1"
BATH 11' SD 1'-6" 6 12'
15 13 13
TRASH ROOM 6'-2" 6
7' 8' 3
23" DN UP 4' A
A4-0 CA4-0 CA4-0 BA4-0 BA4-0 AA4-0
6'
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

V
11'
11'
10'-6"

BALCONY

LOW VOLTAGE ROOM
9'-10" 2 2 2 2 2 1
MASTER

BEDROOM
#2 BEDROOM
#1

BEDROOM
#3 A A A 6
CLOSET
BATH
BATH
SD
SD
SD
SD
V 1'-6" 1 7'-6"
8'-1"
4'-6" LIVING ROOM
DINING ROOM 4 5'-10"
10'
10'-4"
3'-8"
11'-6"
14'-3" 8 6'-1"
13'
1'-6" 2 2
5' 5'
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

DINING ROOM V CLOSET
BATH 6'
6'-2"
BALCONY 2 A
W5 2 2 1
SD A 8 8' 15'-7" 7'-6"
10'-3" 1'-6" V 17'-6"
13' CLOSET 2 2 5' 2
REF.
11' 6'8'-6"
W5
W5
SD
SD 7 KITCHEN
1'-6"
BATH 12' W9 W9
12'
MASTER

BEDROOM
#2 BEDROOM
#1

LIVING ROOM

UNIT #403
1,360 SQ.FT.

UNIT # 407
1,170 SQ.FT. UNIT # 409
1,170 SQ.FT. UNIT # 411
1,170 SQ.FT. UNIT # 413
1,170 SQ.FT.

UNIT # 406
1,207 SQ.FT. UNIT # 408
1,207 SQ.FT. UNIT # 410
1,207 SQ.FT. UNIT # 404
1,207 SQ.FT.

UNIT # 416 760 SQ.FT.

UNIT # 417 760 SQ.FT.

UNIT # 419 760 SQ.FT.

UNIT # 421 760 SQ.FT.

UNIT # 423 760 SQ.FT.

UNIT # 425 760 SQ.FT.

UNIT # 427 760 SQ.FT.

UNIT # 428 760 SQ.FT.

UNIT # 429 760 SQ.FT.

UNIT # 431 730 SQ.FT.

UNIT # 432
1,380 SQ.FT.

UNIT # 418 1,175 SQ.FT.

UNIT # 420 1,207 SQ.FT.

UNIT # 422 1,207 SQ.FT.

UNIT # 424 1,207 SQ.FT.

UNIT # 426 730 SQ.FT.

UNIT # 430 1,780 SQ.FT.

UNIT # 433
1,500 SQ.FT.

UNIT # 434
1,100 SQ.FT.

UNIT # 435
1,160SQ.FT.

UNIT # 415 UNIT # 412 1,182 SQ.FT.
776 SQ.FT.

UNIT # 401
1,562 SQ.FT.

UNIT # 405
1,136 SQ.FT.

UNIT # 414
1,170 SQ.FT. TYPE D

TYPE A TYPE A TYPE A TYPE A
TYPE E
TYPE C

TYPE B TYPE B
TYPE H
TYPE F
TYPE B
TYPE B
TYPE B
TYPE I
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G
TYPE G.1
TYPE P
TYPE O
TYPE N
TYPE M
TYPE L
TYPE J
TYPE G2
TYPE K
TYPE B
TYPE B
A2.6 OWNER PROJECT DRAWING TITLE
ENGINEERING INC. ROOF PLAN

ROOF PLAN
SCALE : 1/16"=1'-0"

SOLAR ZONE
LEGEND
116,128 & 136 N. POPLAR AVE.

MONTEBELLO, CA. 90640
300'-3" 20'-1"
102'-8" 317'-8" 49'
18'-2"
62'-4"
46'-11" 9 4' 1' 23"
DN
23" 9
1'

OPEN TO BELOW
DURO-LAST 50 MIL MEMBRANE
SRI=82
CLASS "A" BUILT-UP ROOFING (TYP.) COOL ROOF REQUIRED
106' 29'
57' 32'

SOLAR PANEL FOR FUTURE

SOLAR PANEL FOR FUTURE
8' 9 23" UP
DN
11'
243'

ELEVATOR
ELEVATOR 10'-1" Poplar Avenue 7' MAGNA & MAGNA ,INC 1520 WASHINGTON BLVD # 100 MONTEBELLO CA 90640 5'-5"
DURO-LAST 50 MIL MEMBRANE
SRI=82
CLASS "A" BUILT-UP ROOFING (TYP.) COOL ROOF REQUIRED
DURO-LAST 50 MIL MEMBRANE
SRI=82
CLASS "A" BUILT-UP ROOFING (TYP.) COOL ROOF REQUIRED

PROJECTION DN

PROJECTION
ENGINEERING INC.

A2.7 DRAWING TITLE PROJECT OWNER
LEGEND 60"
60"
36" 24" 12" 36" 12"
T-SHAPE MIN.

CLEARENCE 60" 48"
12"
18" INT. 24" EXT.

TYP. DOOR

CLEARENCE
TYP. CLEAR FLOOR
AREA
48" 30"
a.
b.
c.
d.

KITCHEN
Sinks and work surfaces required by Section 1133A.4 (see Item 1 and Item 2) shall be provided with knee and toe space complying with Section 1133A.7. Base cabinets (including toeboard and shelving) directly under kitchen sinks and work surfaces shall be removable without the use of specialized tools or specialized knowledge in order to provide knee and toe space. The finish floor beneath kitchen sinks and work surfaces shall be extended to the wall. (1133A.3) Kitchen countertops shall be provided with the following: (1133A.4) a. A minimum linear length of 30 inches of countertop shall be provided for the kitchen sink installation. b. A minimum linear length of 30 inches of countertop shall be provided for a work surface. c. Sinks and work surfaces may be a single integral unit a minimum of 60 inches in length, or be separate components. Exception: Two 15-inch wide minimum breadboards may be provided in lieu of the required 30 inches of countertop work surface.

Repositionable countertops shall be provided in a minimum of five percent of the covered multifamily dwelling units.

Repositionable countertops shall comply with the following: (1133A.4.1) Sinks and work surfaces required by Section 1133A.4 shall be designed to enable repositioning to a minimum height of 28 inches.

Base cabinets directly under sinks and work surfaces shall be removable as required in Section 1133A.3.

The sides of adjacent cabinets and the back wall, which may become exposed to moisture or food handling when a countertop is lowered, shall be constructed of durable, nonabsorbent materials appropriate for such uses.

Finished flooring shall be extended to the wall beneath the sink and work surface. Exceptions:
a.
b.
c.
d. ••• e.
f.
g.
h.

The finished floor beneath the lavatory shall be extended to the wall.

Knee and toe space, when required by Section 1133A, shall comply with Section 1138A.2 and the following:
(1133A.7) a. The knee and toe space shall be clear and unobstructed, or removable base cabinets in compliance with Section 1133A.3 shall be provided. b. The knee and toe space shall be 30 inches wide minimum, centered on the sink, countertop or appliance. c. A clear floor space shall not extend into the knee and toe space more than 19 inches.

Water supply and drain pipes under kitchen sinks shall be insulated or otherwise covered to protect against contact. There shall be no sharp or abrasive surfaces under kitchen sinks. (1133A.7.1) Kitchen countertops in dwelling units shall be permitted to be 36 inches 36. maximum above the finished floor (1138A.3.2.2 exception).

BATHING AND TOILET FACILITIES
Bathrooms or powder rooms required to be accessible shall have at least one accessible lavatory. Where mirrors and towel fixtures are provided, at least one of each shall be accessible. (1134A.8) Vanities and lavatories shall be installed with the centerline of fixture a minimum of 18 inches horizontally from an adjoining wall the fixture to allow for forward approach. When parallel approach or provided, lavatories shall be installed with the centerline of the is a minimum of 24 inches horizontally from an adjoining wall or fixture. fixture The top of the fixture rim shall be a maximum of 34 inches above the finished floor.

A clear maneuvering space at least 30 inches by 48 inches shall provided at lavatories and shall be centered on the lavatory. be clear floor space shall not extend into the knee and toe space This than 19 inches. See Figure more 11A-9D.

Cabinets under lavatories are acceptable provided the bathroom space to allow a parallel approach by a person in a wheelchair has the lavatory cabinets are designed with adaptable knee and and toe space.

Knee and toe space shall be provided by one of the following, shall be centered on the fixture, and shall comply with Section 1138A.2:

The space beneath the lavatory shall be left clear and unobstructed; Any cabinet beneath the lavatory shall be removable without the use of specialized knowledge or specialized tools; or
Doors to the cabinet beneath the lavatory shall be removable or openable to provide the required unobstructed knee and toe space.

Montebello City CouncilApril 13, 2022

Montebello City Council
April 13, 2022