CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 26, 2025 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL
Salvador Melendez, Mayor
Georgina Tamayo, Mayor Pro Tem
Scarlet Peralta, Councilmember
Ric Alonzo, Councilmember
Danielle Romero, Councilmember
CITY MANAGER
Raul Alvarez
CITY TREASURER
David Matanga
CITY ATTORNEY
Arnold M. Alvarez-Glasman
CITY CLERK
Christopher Jimenez
DEPARTMENT HEADS
Acting Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Angelica Palmeros
Fernando Pelaez
Luis Lopez
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria
March 26, 2025: City Council Meeting Page 2 of 8
NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, 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) 887-1437 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 72 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.
RULES OF DECORUM:
Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.
Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.
Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
Agendas, Minutes, and Videos,
March 26, 2025: City Council Meeting Page 3 of 8
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. 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 and City Council.
CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Garcias v. City of Montebello
Case No. 23STCV09823
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
2. CERTIFICATE OF RECOGNITION FOR LOS ANGELES MUAY THAI
3. PRESENTATION BY THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.
The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.
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 and City Council.
March 26, 2025: City Council Meeting Page 4 of 8
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
4. APPEAL OF THE PLANNING COMMISSION DECISION OF DENIAL OF SITE PLAN REVIEW AND ZONE
VARIANCE REQUESTS FOR REDUCED LOT SIZE, REDUCTION IN FRONT YARD SETBACK, AND LOT
COVERAGE, AS WELL AS THE DENIAL OF A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL REGARDING VESTING TENTATIVE TRACT MAP (“VTTM”) NO. 084478 TO ALLOW 15 SINGLE-FAMILY
DWELLING UNITS INCLUDING A COMMON PARCEL FOR STREETS, UTILITIES, AND A PRIVATE PARK (CASE NO. PC-2024-0002-SPR/ZV/TTM) FOR THE PROPERTY LOCATED AT 301 JACMAR DRIVE.
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a public hearing to consider all matters presented at the public hearing, adopt Resolution No. 24-62 overturning the Planning Commission decision to deny PC-2024-0002-SPR/ZV/TTM and approving PC-2024-0002-SPR/ZV/TTM, which would become effective after City Council’s findings are referred to the Planning Commission and the Planning Commission provides a further report on the matter per Montebello Municipal Code 17.78.130 “Council decisions contrary to planning commission action;” or
2. Conduct a Public Hearing to consider all matters presented at the public hearing, and based on the entire record, adopt Resolution No. 24-61 upholding the Planning Commission decision to deny PC-2024- 0002/SPR/ZV/TTM; and
3. Take such additional, related action that may be desirable.
REGULAR BUSINESS - NONE
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, 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.
5. APPROVE PROFESSIONAL SERVICES AGREEMENT NOS. 4286 AND 4287 WITH OFFICE SOLUTIONS
BUSINESS PRODUCTS & SERVICES LLC AND MOHAWK CARPET DISTRIBUTION, LLC RESPECTIVELY
TO PURCHASE AND INSTALL UPGRADED WORKSTATIONS AND FLOORING RECOMMENDATION: It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4286, with Office Solutions Business Products & Services, LLC (dba Bluespace Interiors), utilizing the Sourcewell Cooperative Purchasing Program (Sourcewell) Contract No. 091423- TKN, to purchase and install upgraded workstations for Public Works and Human Resources for a total not-to-exceed amount of $121,527; and
2. Approve Professional Services Agreement, No. 4287 with Mohawk Carpet Distribution, LLC utilizing Sourcewell Contract No. 061323-MCD to purchase and install flooring for segments of City Hall West for a total not-to-exceed amount of $40,173; and
3. Authorize the City Manager to execute the agreements and approve change orders for up to ten percent (10%) of the total compensation amount for each proposed agreement; and
4. Amend the Fiscal Year 2024-25 Budget by increasing appropriations by $80,000 in Account No. 100-30- 510-6083 (General Fund, Public Works, Government Building Maintenance, Furniture and Fixtures Purchases); and,
5. Take such additional, related action that may be desirable.
March 26, 2025: City Council Meeting Page 5 of 8
6. ADOPT PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF MONTEBELLO BOULEVARD STREET RESURFACING PROJECT (CP NO. 888) AND PROCEED WITH BID ADVERTISEMENT RECOMMENDATION: It is recommended that the City Council:
1. Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and
2. Adopt construction plans and specifications for the Montebello Boulevard Street Resurfacing Project (CP No. 888); and
3. Authorize staff to proceed with bid advertisement for construction; and
4. Take such additional, related action that may be desirable.
7. ADOPT PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF PLAZA DRIVE RESURFACING PROJECT (CP NO. 917) AND PROCEED WITH BID ADVERTISEMENT RECOMMENDATION: It is recommended that the City Council:
1. Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and
2. Adopt construction plans and specifications for Plaza Drive Resurfacing Project (CP No. 917); and
3. Authorize staff to proceed with bid advertisement for construction; and
4. Take such additional, related action that may be desirable.
8. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3822 WITH VERDANT LANDSCAPING, INC. TO EXPAND THE SCOPE OF SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 2 to Professional Services Agreement No. 3822 with Verdant Landscaping, Inc. to expand landscape maintenance services to include Catherine Hensel Ballpark, Golf Course Clubhouse, Hilton Garden Inn, Home2Suites, and Quiet Cannon; and
2. Establish the total not-to-exceed amount of the agreement as $475,170 per year; and
3. Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement No. 3822; and
4. Take such additional, related action that may be desirable.
9. APPROVE AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3972 WITH SEBASTIAN WATERWORKS (DBA MR. ROOTER PLUMBING)
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 3972 between the City of Montebello and Sebastian Waterworks Inc., (dba Mr. Rooter Plumbing) for a One (1) Year Extension through June 30, 2026; and,
2. Authorize the City Manager to execute the Amendment on behalf of the City; and,
3. Take such additional, related action that may be desirable.
10. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3878 WITH
SHOCKWAVE ELECTRIC
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 3878 between the City of Montebello and Shockwave Electric for a One (1) Year Extension to June 30, 2026; and,
2. Authorize the City Manager to execute the Amendment on behalf of the City; and,
3. Take such additional, related action that may be desirable.
11. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3860 WITH BEROKOFF
ELECTRIC
March 26, 2025: City Council Meeting Page 6 of 8
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 3860 between the City of Montebello and Berokoff Electric for a One (1) Year Extension (through June 30, 2026); and
2. Authorize the City Manager to execute the Amendment on behalf of the City; and,
3. Take such additional, related action that may be desirable.
12. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 2481 AMENDING MONTEBELLO MUNICIPAL CODE CHAPTER 3.20 "PURCHASING SYSTEM" AND CHAPTER 3.21 "CONTRACTS FOR PROFESSIONAL AND SPECIAL SERVICES"
RECOMMENDATION: It is recommended that the City Council:
1. Waive the Second Reading and Adopt Ordinance No. 2481 Amending Municipal Code Chapter 3.20 “Purchasing System,” and Chapter 3.21 “Contracts for Professional and Special Services” of the Montebello Municipal Code Relating; and,
2. Take such additional, related action that may be desirable.
13. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3936 WITH A & A FLEET PAINTING, INC., TO
EXTEND CITYWIDE VEHICLE PAINT AND BODY REPAIR SERVICES AND APPROVE PAYMENT TO A & A FLEET PAINTING, INC., FOR PAINT AND BODY REPAIR SERVICES COMPLETED RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 3936 with A & A Fleet Painting Inc. (A & A Fleet), for a one-year (1-year) term, to extend vehicle paint and body repair services for a total not-to-exceed amount of $175,000; and
2. Authorize the City Manager and/or his designee to execute Amendment No. 1 on behalf of the City of Montebello; and
3. Amend the Fiscal Year 2024-25 budget to increase appropriations by $68,741 in Account No. 100-80- 815-6080.30 (General Fund, Police, Support Services, Vehicle Maintenance/ Expenses Vehicle Repair and Services); and,
4. Approve payment to A & A Fleet in the amount of $28,741 for paint and body repairs completed; and
5. Take such additional, related action that may be desirable.
14. APPROVE AMENDMENT NO. 1 TO AGREEMENT NOS. 3988 AND 3989 WITH (I) FORD OF MONTEBELLO, INC. AND (II) MONTEBELLO AUTO GROUP LLC, AMENDMENT NO. 2 TO AGREEMENT NO. 3990 WITH SHAK ENTERPRISES, INC., FOR CITYWIDE FLEET VEHICLE MAINTENANCE AND REPAIR SERVICES, AND APPROVE PAYMENT TO FORD OF MONTEBELLO, INC., MONTEBELLO AUTO GROUP LLC, AND SHAK ENTERPRISES, INC., FOR REPAIR SERVICES COMPLETED
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement Nos. 3988 and 3989 with (i) Ford of Montebello, Inc. (Montebello Ford), and (ii) Montebello Auto Group LLC (Montebello Chevy) to provide citywide fleet vehicle maintenance and repair services, for an additional two-year (2-year) term and increase the total not-to-exceed amount to $200,000 for the remainder of Fiscal Year 2024-25 and annually for the additional two years; and
2. Approve Amendment No. 2 to Agreement No. 3990 with Shak Enterprises, Inc (dba Montebello Tire Pros), to provide citywide fleet vehicle maintenance and repair services, for an additional 2-year term and increase the total not-to-exceed amount to $200,000 for the remainder of FY 2024-25 and annually for the additional two years; and
3. Authorize the City Manager to execute the amendments on behalf of the City of Montebello; and
4. Amend the Fiscal Year 2024-25 adopted budget to increase appropriations by $85,683 in Account No. 100-80-815-6080.30 (General Fund, Police, Support Services, Vehicle Maintenance/Expenses Vehicle Repair and Services); and
5. Approve payment for repairs completed to Montebello Ford ($33,977) and to Montebello Tire Pros ($19,134); and
March 26, 2025: City Council Meeting Page 7 of 8
6. Take such additional, related action that may be desirable.
15. APPROVAL OF MINUTES: JANUARY 29, 2025, CITY COUNCIL ADJOURNED MEETING; FEBRUARY 12, 2025, CITY COUNCIL MEETING; FEBRUARY 26, 2025, CITY COUNCIL MEETING; MARCH 12, 2025, CITY
COUNCIL MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
16. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-22 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MARCH 26, 2025
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-22 approving the Warrant Register dated March 26, 2025.
PUBLIC COMMENTS - CONTINUED
AB 1234 TRAVEL REPORTS
Members 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/AGENCY ORALS
Announcements and requests for future agenda items.
• Danielle Romero, Councilmember
• Georgina Tamayo, Mayor Pro Tem
• Scarlet Peralta, Councilmember
• Ric Alonzo, Councilmember
1. I would like to make a statement regarding Women's History Month. • Salvador Melendez, Mayor
1. Resolution regarding Armenian POWs held by Azerbaijan.
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on April 9, 2025, at 6:00 p.m., which can be live-streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, March 23, 2025, no later than 6:00 p.m.
March 26, 2025: City Council Meeting Page 8 of 8
Kimberly Guillen, Senior Deputy City Clerk
EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet. • CITY OF MONTEBELLO FORECASTED AGENDA
ITEM # 4
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Joseph Palombi, Director of Planning & Community Development SUBJECT: APPEAL OF THE PLANNING COMMISSION DECISION OF DENIAL OF
SITE PLAN REVIEW AND ZONE VARIANCE REQUESTS FOR
REDUCED LOT SIZE, REDUCTION IN FRONT YARD SETBACK, AND
LOT COVERAGE, AS WELL AS THE DENIAL OF A
RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL
REGARDING VESTING TENTATIVE TRACT MAP (“VTTM”) NO. 084478 TO ALLOW 15 SINGLE-FAMILY DWELLING UNITS INCLUDING A
COMMON PARCEL FOR STREETS, UTILITIES, AND A PRIVATE PARK (CASE NO. PC-2024-0002-SPR/ZV/TTM) FOR THE PROPERTY
LOCATED AT 301 JACMAR DRIVE.
DATE: March 26, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Conduct a public hearing to consider all matters presented at the public hearing, adopt Resolution No. 24-62 overturning the Planning Commission decision to deny PC-2024-0002-SPR/ZV/TTM and approving PC-2024-0002-SPR/ZV/TTM, which would become effective after City Council’s findings are referred to the Planning Commission and the Planning Commission provides a further report on the matter per Montebello Municipal Code 17.78.130 “Council decisions contrary to planning commission action;” or
2. Conduct a Public Hearing to consider all matters presented at the public hearing, and based on the entire record, adopt Resolution No. 24-61 upholding the Planning Commission decision to deny PC-2024-0002/SPR/ZV/TTM; and
3. Take such additional, related action that may be desirable.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
FISCAL IMPACT:
There is no fiscal impact, regardless of which of the recommended actions the City Council chooses to take.
BACKGROUND/DISCUSSION:
On January 22, 2024, William Molinari (the “Applicant”) submitted an application to the City seeking approval for the construction of 15 residential dwelling units and the subdivision of one lot into 16 lots at 301 Jacmar Drive (the “Project”). On June 4, 2024, the Planning Commission conducted a duly noticed public hearing and subsequently continued the item to June 18, 2024, to allow more time for project review.
The Planning Commission held a continued public hearing on June 18, 2024, to further consider the Project, at which time the item was continued again to July 16, 2024. At the continued public hearing on July 16, 2024, the Planning Commission voted to deny the Site Plan Review and Zone variance requests and recommend denial of the Tentative Tract Map to the City Council.
On July 24, 2024, the Applicant filed an appeal of the Planning Commission’s denial of PC-2024-002-SPR/ZV/TTM pursuant to Montebello Municipal Code (“MMC”) Section
17.78.070. The appeal seeks City Council review and consideration to overturn the Planning Commission’s decision.
On August 1, 2024, a Notice of Public Hearing for the City Council’s consideration of the appeal on August 14, 2024, was published in the Montebello News. Additionally, on the same date, the Notice of Public Hearing was mailed to all property owners within 300 feet of the proposed Project Site.
On August 14, 2024, the Applicant requested a continuance of the matter. The City Council proceeded with a public hearing to receive public comments, followed by deliberation, resulting in a decision to continue the appeal to a future date pursuant to the Applicant’s request, with the expectation that the Applicant will conduct targeted community outreach.
On March 13, 2025, a Notice of Public Hearing (see Attachment E) for the City Council’s continued public hearing on March 26, 2025, was mailed to interested parties and all property owners within 300 feet of the proposed Project Site. On the same date, the Notice of Public Hearing was published in the Montebello News.
ENVIRONMENTAL:
In accordance with the California Environmental Quality Act (“CEQA”), the proposed Site Plan Review, Case No. PC-2024-0002-SPR/ZV/TTM ENV 02-24-CE, is considered a “project,” per the (CEQA) definition of a “project.” The Project is considered a Class 32 and Categorically Exempt per CEQA Guidelines Section 15332 (In-Fill Development Projects), and none of the limitations set forth in CEQA Guidelines Section 15300.2 apply.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
In order to qualify under an exemption pursuant to Class 32 of CEQA Guidelines Section 15332 (In Fill Development Projects), the following environmental findings must also be made:
A. The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
The proposed Project conforms to the Montebello General Plan, Land Use Element in that the General Plan Land Use designation for the site for the R-1 (Single - Family Residential) zoning designation.
B. The proposed development occurs within the City limits on a project site of no more than five (5) acres substantially surrounded by urban uses.
The proposed development shall occur on a 60,101 square-foot (1.38 acres) lot located on Jacmar Drive within City limits and thus, is less than the maximum five acres specified in Section 15332(b) for this exemption. The site is surrounded by existing developed industrial properties.
C. The Project has no value as habitat for endangered, rare, or threatened species.
The proposed Project is currently developed with an existing single family home. The subject property is surrounded by additional housing developments and is consistent with the land use designation.
D. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
The proposed Project shall not have any significant effects relating to traffic, noise, air quality, or water quality as the site is currently developed with an existing residential unit.
E. The site can be adequately served by all required utilities and public services.
The Project has been reviewed by City staff and it has been determined that it can be adequately served by all required utilities and public services.
ANALYSIS:
The Applicant seeks to demolish the existing single-family residence at 301 Jacmar Drive and construct 15 residential dwelling units and related amenities, as detailed in Attachment C. The subject site is approximately 60,101 square feet (1.38 acres) within the R-1 (Single-Family residential zone). The site currently contains a one-story, singlefamily residence with a swimming pool, landscaping, and mature trees. It is generally west of South Bluff Road and north of Washington Boulevard. The site is bordered on all sides - north, east, south, and west - by residential properties zoned R-1 (Single Family Residential) and R-3 (Multi-Family Residential).
The Applicant sought approval from the Planning Commission for Site Plan Review and related variances to accommodate the construction of 15 single-family residential dwelling units, including the subdivision of the existing improved site, which has a total lot area of approximately 60,101 square feet (1.38 acres). Additionally, the Applicant sought a recommendation from the Planning Commission regarding TTM No. 084478.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
The Site Plan Review is required for all residential projects resulting in three or more dwelling units. As the proposed subdivision will result in 15 dwelling units, Site Plan approval is necessary. The units will have between 3 to 4 bedrooms and either 2.5 or 3.5 bathrooms. Each unit will be two stories and will include a living room, kitchen, dining room, and a two car garage.
A Zone Variance is required when deviating from the Montebello Municipal Code. The standard lot size requirement for single family lots is 5,000 square feet per unit, while the proposed residential units would range from 2,420 to 3,428 square feet. Additionally, the Applicant seeks a deviation from the lot coverage standards. The maximum allowed lot coverage in the R-1 Zone is 40%; however, the proposed lot coverage ranges from
41.68% to 47.82%.
Setback requirements for the R-1 Zone include 20 feet in front, five (5) feet on each side and 10 feet in the rear. The Applicant will comply with the side and rear setback requirements but is requesting a reduction in the front setback, ranging between 4.5 to
6.5 feet.
A Tentative Tract Map application is required for any subdivision that results in five or more parcels.
GENERAL PLAN
The Project conforms to the following goals and policies of the Montebello General Plan.
General Plan Goal to Encourage urban infill and compact development A2.7a states a goal “Promote infill development on vacant and underutilized sites….” General Plan Goal for development that will create diverse and walkable neighborhoods A3.4b states a goal “Encourage a block and street layout that promotes walkable and bicycle friendly road designs with slow vehicular design speeds.” General Plan Goal to retrofit suburban development P3.6 states the goal to “Integrate more housing choices in existing subdivisions”.
The proposed Project conforms to the City of Montebello General Plan Land Use Element as the proposed use will allow the Montebello community to benefit from the addition of the 15 new Single-Family residential homes, providing future Montebello residents with more housing choices in existing residential neighborhoods. The current Project site has one home on the lot and the lot size can be utilized for more homes, growing the community. With this increase in housing, it is supporting the General Plan goals by responding to the needs of the community and by reflecting the density standards that are outlined in the housing element of the General Plan.
REQUIRED FINDINGS MONTEBELLO MUNICIPAL CODE
SITE PLAN REVIEW (MMC Chapter 17.74 et seq.)
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
The purpose of the Site Plan Review is to minimize or preclude potential adverse impacts to the public interest or on abutting properties and adjacent residential, commercial, and industrial neighborhoods, resulting from the design or layout of a proposed development.
Section 17.74.030 explains that a Site Plan Review is required for all residential projects resulting in the construction of three or more units.
Pursuant to Section 17.74.070 of the MMC, before any Site Plan Review shall be granted, all the following findings must be made:
1. That the proposed design for improvement complies with all requirements of the Montebello Municipal Code;
The 15 proposed units will all have a two-car garage, and heights will not exceed 25 feet, access to all units will be via a driveway, the units will have open space and the setbacks will be landscaped. The Applicant is requesting a zone variance from the R-1 standards regarding the minimum required setbacks, lot sizes and the lot coverage percentage per unit. A Site Plan is required due to the Project resulting in three or more units according to Section 17.74.030.
2.That the proposed design for improvement is consistent with the general plan; and The proposed Project site is consistent with the general plan and reflects the goals that were set in place when designating certain zoning areas with different housing types. The Project site has the capacity for more development and the density is appropriate to the neighborhood and surrounding uses. Similar projects have also been approved in the close vicinity. The current plans are for 15 units with full roads, fire department turn around, and a small park for the residents to enjoy. The zone variance will not cause substantial environmental damage or injure fish or wildlife or their habitat.
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 proposed addition will not have any significant adverse impact on the surrounding properties as the surrounding area is currently developed with an existing single-family unit. The zone variances and subsequent development would not be harmful to the general welfare of the neighborhood, City or create problems for the public health or safety. It would increase the welfare by first supporting investments, bringing in construction and related jobs, and providing housing to the community. The current use is R-1 single family residential, and the proposed residential zoning will not change. All the immediate surrounding land uses are consistent with residential housing. The addition of this Project will be consistent with the surrounding land uses and will not have an adverse impact on surrounding properties.
REQUIRED FINDINGS MONTEBELLO MUNICIPAL CODE
VARIANCES (MMC Chapter 17.72 et seq.)
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
The sole purpose of the variance is to ensure that no property, because of special circumstance applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. No variance shall be granted by other properties in the same vicinity and zone.
A Zone Variance is being requested to deviate from the development standards within an R-1 Zone. The Applicant is requesting to deviate from the standards for lot size, setback, and lot coverage. According to the MMC section 17.10.020 development standards for new development, new development of a single-family residential unit, the lot size must be 5,000 square feet. The front setback must be 20 feet, the rear 10 feet, and sides 5 feet and the lot coverage standard is also 40 percent. The Applicant is seeking to deviate from all three of the stated requirements.
Zone Variance Requests
Standard Request
1. Lot Sizes 5,000 Square feet 2,420 to 3,428 Square Feet
2. Lot Coverage 40% 41.68% to 47.82%
3. Front Setbacks 20 Feet 4.5 to 6.5 feet
Pursuant to section 17.72.060 of the MMC, before any variance shall be granted, the Planning Commission shall satisfy that the Applicant has demonstrated the following facts:
A. Describe the special major unusual circumstance applicable to the subject property, which do not generally apply to other properties in the vicinity and with the same zoning designation.
Unlike other properties in the surrounding neighborhood, the subject site is very large for a single-family home. It is a unique 1.38-acre lot. There is not another house like it in the neighborhood. Currently, the unit is providing very little benefit to the neighborhood with so much land being underutilized. Without the zone variance request in this application, the Applicant believes they would be deprived of maximizing the market value of their property. The increased property values of this new residential development would increase property tax revenues for the City. Further rejection of the Zone Variance requests would deprive the Applicant of privileges enjoyed by other properties in the vicinity under identical zoning classifications by not being able to fully utilize the Project site.
1. The lot sizes: This single-family residential lot is special to the neighborhood as there is no other lot in the surrounding area that is the same size, making it difficult to design the homes on such a unique sized lot to optimize the area for each unit, resulting in reduced lot sizes.
2. Lot coverage: As a result of the lot sizes being smaller than usual, which is not typical, the Applicant requests to use as much space as possible causing the lot coverage to be more than usual.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
3. Front setbacks: With the reduced sizes and the lot coverage being above what is typically allowed; this unusual case has put the Applicant in the position to design the houses in a way that would best benefit the future homeowner. Although the design of the house can allow the Applicant to have a larger front yard, the Applicant has decided to use the space to allow for a larger private backyard for each of the residents and apply for the zone variance.
B. Detail how, due to the special or unusual circumstances described above, strict application of the Zoning Code would result in practical difficulties or unnecessary hardships or would deprive the property of privileges enjoyed by other properties in the vicinity and with the same zoning designation.
The existing property is in some disrepair, and it is the goal of the Applicant to revitalize the lot which would result in the demolition of the existing house and replacing it with modern housing. The house is currently 85 years old and no longer the best use for a lot that size for the City for housing density. The zoning code does not allow the Applicant to best utilize the lot with its unique size. The Applicant is requesting to optimize their lot, allowing the future homeowners to use as much of their lot as possible.
1. The lot sizes: If the lot sizes were up to standard, there essentially would not be enough room on the lot to accommodate as many homes as the Applicant is requesting. The Applicant is trying to utilize the lot and has retained inspiration from surrounding developments that have similar lot sizes. Without the minimized lot sizes, the Project would not be possible.
2. Lot coverage: If the Applicant would design the houses using the MMC requirements, the houses would be extremely small and not suitable for a growing family, which the Applicant hopes to house.
3. Front Setbacks: If the Applicant were to abide by the front yard setbacks, the future homeowners would have a large front yard and an extremely small backyard. The Applicant decided to utilize the space and provide a larger backyard to optimize the space in the best way.
C. Pursuant to MMC Section 17.72.060.C., explain how the proposed variance is necessary for the preservation of the substantial property right to allow a reasonable use of the subject property, which is possessed by other properties in the vicinity and with the same zoning designation.
To properly utilize the future lots, the Applicant is requesting to apply these zone variances to properly utilize the area on the lot and to design each lot to properly maintain the most use out of the Project site that is being redeveloped.
1. Lot sizes: The lot sizes being smaller than required allows for more units which gives the Applicant a mechanism to provide more housing options to Montebello residents.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
2. Lot Coverage: Being able to build more on each lot provides the units with a bigger house for bigger rooms, kitchen and bathroom areas providing a more comfortable, more attractive home to any future residents.
3. Front setback: Having a smaller front setback allows the residents to enjoy more space in the backyard of the units which is necessary with many of the new housing developments having such a small backyard. Although the Applicant will take away from the front setback, every unit will also have an attached garage for two cars.
D. Describe how the proposed Zone Variance will not cause an adverse effect on the public welfare or surrounding properties.
The site for the proposed use would not adversely affect the general welfare of the surrounding property owners because the size of the house and the two-story construction is consistent with the majority of the houses in the neighborhood. The property immediately south of the residence, although zoned R-1 single family residential does have three story town homes. There are many other properties in the immediate surroundings with greater densities, assuring this addition will not have any adverse effects on the neighbors or the surrounding area.
1. Lot sizes: The variance of lot sizes will not affect the surrounding users as there currently are units in the surrounding area that are similar sizes and have no effect on the surrounding properties.
2. Lot coverage: Although the lots will be above the allowed lot coverage, and the lots will be fully built out, every unit will be of a similar design, the consistency will ensure no unit will stand out from the others.
3. Front setback: Although the lots will have a very small front yard, the units will still each have a two-car garage for the residents. This will help with any concerns regarding the limited driveway that will result from the front setback variance.
E. Describe how the granting of the Zone Variance will be consistent with the general plan and intent of the Zoning Code and will not adversely affect the General Plan.
The proposed Project provides single-family homes in a neighborhood that also has single-family units keeping the use consistent with the current zoning and type of development with similar square footage. The proposed Project has been properly notified and will be consistent with the general plan as the Project site has been designated for residential units.
REQUIRED FINDINGS MONTEBELLO MUNICIPAL CODE (MMC)
TENTATIVE TRACT MAP (MMC Chapter 16.12 et seq.)
1. Describe how the proposed map is consistent with the General Plan and Specific plans
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
as described in California Government Code Section 65451.
The proposed Project that would be allowed through this subdivision would result in over 23,000 square feet of open space and medium cost for 15 families. The zone is consistent with the general plan and provides additional housing in the R1-Zone that is designated for single family housing developments making the Project consistent with the general plan.
2. Describe how the design or improvements of the proposed subdivision are consistent with the applicable general and specific plans;
The general plan seeks to balance open space with developed space, and to group uses in neighborhoods for mutual enjoyment of the occupants and the residents. The Project provides open space and a private park as well as houses for sale. The development will allow the future resident to enjoy quality housing in a safe and secure environment. The development will also allow for modest growth in the City that will benefit business and the school system.
3. Describe how the site is physically suitable for the type of development.
The existing property has been developed as a single-family home since 1938. The house is aging and is in disrepair. Since its original construction, the community has grown around the house, and many of the surrounding developments now have a much greater density. The combination of the property’s size as well as the denser development around it makes it suitable for this type of housing. The Project will have 16 parcels, with 15 single-family homes on each separate parcel with a parcel for streets, utilities and a private park which will be owned by all the homes and managed by a homeowners association that will be set upon completion of construction.
4. Describe how the site is physically suitable for the proposed density of the development;
The site is suitable for the proposed density as many of the developments in the surrounding neighborhood also have similar densities and the square footage of the lot can be designed to provide 15 homes. The now underutilized lot will provide housing to Montebello residents.
5. Describe how the design of the subdivision or proposed improvements is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife and their habitat;
The existing house has been built since 1938 as a single-family home, there is no wildlife on the property that can be impacted.
6. Describe how the design of the subdivision or the proposed improvement is not likely to cause serious public health problems;
According to a study conducted by the Applicant, the Project is estimated to produce less
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
than 113 trips per day including 7 trips during the AM peak hour and 8 during the PM peak hours. The modern construction techniques employed for the Project lessen the likelihood of termites and other insects that have the potential of appearing because of the Project.
7. Describe how the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed subdivision; and
The height of the Project will not exceed 25 feet in elevation; thus, it will not conflict with any neighbor’s rights with respect to blocking views. The utility easement on the west side of the property for electrical and communication cabling will be maintained. The utility engineering for the Project will likely create or renew utility access for the Project location itself as well as for the neighborhood.
8. Describe how the discharge of waste from the proposed subdivision into the existing sewer system would not add to or result in violation of existing water quality control standards.
The Los Angeles County Sanitation District will ensure that the construction of these units will not be of great impact on the sewer systems.
SUMMARY:
The Project would permit the construction of 15 residential dwelling units and related amenities at 301 Jacmar Drive. This matter was presented to the Planning Commission on June 4, June 18, and July 16, 2024. On July 16, 2024, the Planning Commission voted to deny the proposed Project
On July 16, 2024, during a duly noticed public hearing, staff provided a presentation for Case No. PC-2024-0002-SPR/ZV/TTM to the Planning Commission. Additionally, the Planning Commission received public comments, took testimony from the Applicant, deliberated, and ultimately voted 2-1-2-0 to deny Case No. PC-2024-0002- SPR/ZV/TTM.
On July 24, 2024, the Applicant filed an appeal of the Planning Commission’s decision with the City Clerk’s office in a timely manner, resulting in a public hearing being scheduled before the City Council pursuant to MMC Section 17.78.080.
On August 1, 2024, a Notice of Public Hearing for the City Council’s consideration of the appeal on August 14, 2024, was published in the Montebello News. Additionally, on the same date, the Notice of Public Hearing was mailed to all property owners within 300 feet of the proposed Project Site.
On August 14, 2024, the Applicant requested a continuance of the matter. The City Council proceeded with a public hearing to receive public comments, followed by deliberation, resulting in a decision to continue the appeal to a future date pursuant to the Applicant’s request, with the expectation that the Applicant will conduct targeted
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
community outreach.
On March 13, 2025, in accordance with MMC Section 17.78 (Public Hearing, Notices and Appeals), a Notice of Public Hearing (see Attachment E) for the City Council’s continued public hearing on March 26, 2025, was mailed to interested parties and all property owners within 300 feet of the proposed Project Site. On the same date, the Notice of Public Hearing was published in the Montebello News.
ATTACHMENT(S)
1. Attachment A- RESOLUTION 24-61 uphold Planning Commission Denial (draft 03- 11-2025)
2. Attachment B- RESOLUTION 24-62 overturning the Planning Commission Decision
3. Attachment C- Site plan Floor Plans and Elevations
4. Attachment D1 - Planning Commission Staff Report July 16, 2024
5. Attachment D2 - Planning Commission Staff Report Reso No. 07-24_301 Jacmar
6. Attachment E - Public Hearing Notice - CC Appeal - 301 Jacmar Ave. - 03.26.2025
7. Attachment F - Public Comment Letters and Speaker Cards
8. Attachment G - Brochure
9. Attachment H- Tentative Tract Map
10. Attachment I CEQA Notice of Exemption
ATTACHMENT A
RESOLUTION NO. 24-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, DENYING AN APPEAL AND
UPHOLDING THE PLANNING COMMISSION’S DENIAL OF SITE PLAN REVIEW AND ZONE VARIANCES (PC-2024-0002-SPR/ZV/TTM) AND DENYING A TENTATIVE TRACT MAP APPLICATION (NO. 084478) FOR CONSTRUCTION OF 15 RESIDENTIAL DWELLING UNITS AND 16
LEGAL LOTS FOR THE PROPERTY LOCATED AT 301 JACMAR DRIVE
RECITALS
WHEREAS, On January 22, 2024, William Molinari (“Applicant”) submitted an application (PC-2024-0002-SPR/ZV/TTM) to the City in an effort to allow for the construction of a total of 15 residential dwelling units and the subdivision to subdivide one lot to 16 lots at the property located at 301 Jacmar Drive (the “Project”); and WHEREAS, pursuant to Montebello Municipal Code (“MMC”) Chapters 16.12,
17.72 and 17.74, the Project required Tentative Tract Map approval, three Zone Variances related to reduced lot size, lot coverage, and setbacks, and Site Plan Review; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on June 4, 2024, which was continued to June 18, 2024 and July 16, 2024, and on July 16, 2024, the Planning Commission voted 2-1-2-0 to deny the Site Plan Review and Zone Variances and recommend denial of the Tentative Tract Map to the City Council; and WHEREAS, on July 24, 2024, Applicant filed a timely appeal of the Planning Commission’s decisions in accordance with MMC Chapter 17.78 (“Appeal”); and WHEREAS, pursuant to MMC Section 17.78.80, the City Council shall consider the appeal for the Site Plan Review and Zone Variances during a duly noticed public hearing and shall make the same findings and consider the same criteria as required of the Planning Commission; and
WHEREAS, pursuant to MMC Chapter 16.12, once the Planning Commission’s recommendation on the Tentative Tract Map application has been issued, the City Council shall consider the application, staff report, and all relevant evidence, and shall be governed by the same standards as the Planning Commission; and WHEREAS, on August 14, 2024, the City Council conducted a duly noticed public hearing to consider the Appeal and Tentative Tract Map application and subsequently continued the appeal to a future date at the Applicant’s request; and WHEREAS, on March 26, 2025, the City Council conducted a duly noticed public hearing to consider the Appeal and Tentative Tract Map application.
RESOLUTION NO. 24-61
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. RECITALS. The City Council finds that the foregoing recitals are true and correct and are hereby incorporated as substantive findings in this Resolution.
SECTION 2. FINDINGS. Based on the entire record, with independent consideration of the application and all associated materials, the reports provided by staff, public testimony, and information provided in the record of the Planning Commission related to this Project, the City Council hereby rejects the following findings:
A. GENERAL PLAN
The Project conforms to the following goals and policies of the Montebello General Plan.
General Plan Goal to Encourage urban infill and compact development A2.7a states a goal “Promote infill development on vacant and underutilized sites….”
General Plan Goal for development that will create diverse and walkable neighborhoods A3.4b states a goal “Encourage a block and street layout that promotes walkable and bicycle friendly road designs with slow vehicular design speeds.”
General Plan Goal to retrofit suburban development P3.6 states the goal to “Integrate more housing choices in existing subdivisions”.
The proposed Project conforms to the City of Montebello General Plan Land Use Element as the proposed use will allow the Montebello community to benefit from the addition of the 15 new Single-Family residential homes, providing future Montebello residents with more housing choices in existing residential neighborhoods. The current Project site has one home on the lot and the lot size can be utilized for more homes, growing the community. With this increase in housing, it is supporting the General Plan goals by responding to the needs of the community and by reflecting the density standards that are outlined in the housing element of the General Plan.
B. SITE PLAN REVIEW
Pursuant to Section 17.74.070 of the MMC, before any Site Plan Review shall be granted, all the following findings must be made:
1. That the proposed design for improvement complies with all requirements of the Montebello Municipal Code;
RESOLUTION NO. 24-61
The 15 proposed units will all have a two-car garage, and heights will not exceed 25 feet, access to all units will be via a driveway, the units will have open space and the setbacks will be landscaped. The Applicant is requesting a zone variance from the R-1 standards regarding the minimum required setbacks, lot sizes and the lot coverage percentage per unit. A Site Plan is required due to the Project resulting in three or more units according to Section 17.74.030.
2. That the proposed design for improvement is consistent with the general plan; and
The proposed Project site is consistent with the general plan and reflects the goals that were set in place when designating certain zoning areas with different housing types. The Project site has the capacity for more development and the density is appropriate to the neighborhood and surrounding uses. Similar projects have also been approved in the close vicinity. The current plans are for 15 units with full roads, fire department turn around, and a small park for the residents to enjoy. The zone variance will not cause substantial environmental damage or injure fish or wildlife or their habitat.
3. That the proposed design for improvement will not have any significant adverse impact on the surrounding properties or on the general public welfare.
Based on the testimony provided by the public at the Planning Commission hearing and hearing conducted by the City Council, the City Council finds that the proposed design will have a significant adverse impact on the availability of parking for the surrounding properties.
C. VARIANCES
Pursuant to section 17.72.060 of the MMC, before any variance shall be granted, the Applicant has demonstrated the following facts:
1. Describe the special major unusual circumstance applicable to the subject property, which do not generally apply to other properties in the vicinity and with the same zoning designation.
Unlike other properties in the surrounding neighborhood, the subject site is very large for a single-family home. It is a unique 1.38-acre lot. There is not another house like it in the neighborhood. Currently, the unit is providing very little benefit to the neighborhood with so much land being underutilized. Without the zone variance request in this application, the Applicant believes they would be deprived of maximizing the market value of their property. The increased property values of this new residential development would increase property tax revenues for the City. Further rejection of the Zone Variance requests would deprive the Applicant
RESOLUTION NO. 24-61
of privileges enjoyed by other properties in the vicinity under identical zoning classifications by not being able to fully utilize the Project site. a. The lot sizes: This single-family residential lot is special to the neighborhood as there is no other lot in the surrounding area that is the same size, making it difficult to design the homes on such a unique sized lot to optimize the area for each unit, resulting in reduced lot sizes.
b. Lot coverage: As a result of the lot sizes being smaller than usual, which is not typical, the Applicant requests to use as much space as possible causing the lot coverage to be more than usual.
c. Front setbacks: With the reduced sizes and the lot coverage being above than typically allowed, this unusual case has put the Applicant in the position to design the houses in a way that would best benefit the future homeowner.
Although the design of the house can allow the Applicant to have a larger front yard, the Applicant has decided to use the space to allow for a larger private backyard for each of the residents and apply for the zone variance.
2. Detail how due to the special or unusual circumstance as described above, strict application of the Zoning Code would result in practical difficulties or unnecessary hardships, or would deprive the property privileges enjoyed by other properties in the vicinity and with the same zoning designation.
The existing property is in some disrepair, and it is the goal of the Applicant to revitalize the lot which would result in the demolition of the existing house and replacing it with modern housing. The house is currently 85 years old and no longer the best use for a lot that size for the city for housing density. The zoning code does not allow the Applicant to best utilize the lot with its unique size the Applicant is requesting to optimize their lot, allowing the future homeowners to use as much of their lot as possible.
a. The lot sizes: If the lot sizes were up to standard, there essentially would not be enough room on the lot to accommodate as many homes as the Applicant is requesting. The Applicant is trying to utilize the lot and has retained inspiration from surrounding developments that have similar lot sizes. Without the minimized lot sizes, the Project would not be possible. b. Lot coverage: If the Applicant would design the houses using the Montebello Municipal code requirements, the houses would be extremely small and not suitable for a growing family, which the Applicant hopes to house. c. Front Setbacks: If the Applicant were to abide by the front yard setbacks, the future homeowners would have a large front yard and an extremely small backyard. The Applicant decided to utilize the space and provide a larger backyard to optimize the space in the best way.
3. Explain how the Zoning Variance is necessary for the preservation of the substantial property right to allow a reasonable use of the subject property, which is possessed by other properties in the vicinity and with the same zoning designation.
RESOLUTION NO. 24-61
To properly utilize the future lots the Applicant is requesting to apply these zone variances to properly utilize the area on the lot and to design each lot to properly maintain the most use out of the Project site that is being redeveloped. a. Lot sizes: The lot sizes being smaller than required allows for more units which gives the Applicant a mechanism to provide more housing options to Montebello residents.
b. Lot Coverage: Being able to build more on each lot provides the units with a bigger house for bigger rooms, kitchen and bathroom areas providing a more comfortable to provide a more attractive home to any future residents. c. Front setback: Having a smaller front setback allows the residents to enjoy more space in the backyard of the units which is necessary with many of the new housing developments having such a small backyard. Although the Applicant will take away from the front setback, every unit will also have an attached garage for two cars.
4. Describe how the proposed Zone Variance will not cause an adverse effect on the public welfare or surrounding properties.
Based on the testimony provided by the public at the Planning Commission hearing and hearing conducted by the City Council, the City Council finds that the proposed design will have a significant effect on the public welfare as the size of the proposed lots are not consistent with the surround area and zoning. a. Lot sizes: The variance of lot sizes will affect the surrounding users as there currently are no units in the surrounding area that are similar sizes. b. Lot coverage: The lots will be above the allowed lot coverage, and the lots will be fully built out, every unit will be of a similar design, this will result in the houses standing out compared to other lots in the surrounding area. c. Front setback: The lots will have a very small front yard; the units will still each have a two-car garage for the residents. But the driveway will be limited.
5. Describe how the granting of the Zone Variance will be consistent with the general plan and intent of the Zoning Code and will not adversely affect the General Plan.
The proposed Project provides single family homes in a neighborhood that also has single family units keeping the use consistent with the current zoning and type of development with similar square footage. The proposed Project has been properly notified and will be consistent with the general plan as the Project site has been designated for residential units.
RESOLUTION NO. 24-61
D. TENTATIVE TRACT MAP
1. Describe how the proposed map is consistent with the General Plan and Specific plans as described in California Government Code Section 65451.
The proposed Project that would be allowed through this subdivision would result in over 23,000 square feet of open space and medium cost for 15 families.
The zone is consistent with the general plan and provides additional housing in the R1-Zone that is designated for single family housing developments making the Project consistent with the general plan.
2. Describe how the design or improvements of the proposed subdivision are consistent with the applicable general and specific plans; The general plan seeks to balance open space with developed space, and to group uses in neighborhoods for mutual enjoyment of the occupants and the residents. The Project provides open space and a private park as well as houses for sale. The development will allow the future resident to enjoy quality housing in a safe and secure environment. The development will also allow for modest growth in the city that will benefit business and the school system.
3. Describe how the site is physically suitable for the type of development.
The existing property has been developed as a single-family home since 1938. The house is aging and is in disrepair. Since its original construction, the community has grown around the house, and many of the developments around it now have much greater density. Based on testimony from the surrounding neighbors and how dense the rest of the neighborhood is, the Planning Commission hearing and hearing conducted in the City Council, finds that the proposed number of units is too large for the lot size as this number of units is resulting in many zone variance requests.
4. Describe how the site is physically suitable for the proposed density of the development;
The site is suitable for the proposed density as many of the developments in the surrounding neighborhood also have similar densities and the square footage of the lot can be designed to provide 15 homes. The now underutilized lot will provide housing to Montebello residents.
5. Describe how the design of the subdivision or proposed improvements is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife and their habitat; The existing house has been built since 1938 as a single-family home, there is no wildlife on the property that can be impacted.
RESOLUTION NO. 24-61
6. Describe how the design of the subdivision or the proposed improvement is not likely to cause serious public health problems; According to a study conducted by the Applicant, the Project is estimated to produce less than 113 trips per day including 7 trips during the AM peak hour and 8 during the PM peak hours. The modern construction techniques will be employed for the Project will lessen the likelihood of termites and other insects that have the potential of appearing because of the Project.
7. Describe how the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; and The height of the Project will not exceed 25 feet in elevation; thus, it will not conflict with any neighbor’s rights with respect to blocking views. The utility easement on the west side of the property for electrical and communication cabling will be maintained. The utility engineering for the Project will likely create or renew utility access for the Project location itself as well as for the neighborhood.
8. Describe how the discharge of waste from the proposed subdivision into the existing sewer system would not add to or result in violation of existing water quality control standards.
The Los Angeles County Sanitation District will ensure that the construction of these units will not be of great impact to the sewer systems.
E. ENVIRONMENTAL
In accordance with the California Environmental Quality Act (“CEQA”), the proposed Site Plan Review, Case No. PC-2024-0002-SPR/ZV/TTM ENV 02-24- CE, is considered a “project,” per the (CEQA) definition of a “project.” The Project is considered a Class 32 and Categorically Exempt per CEQA Guidelines Section 15332 (In-Fill Development Projects), and none of the limitations set forth in CEQA Guidelines Section 15300.2 apply.
SECTION 3. DECISION. Based on the evidence and testimony presented, and the findings included herein, the City Council hereby upholds the decision of the Planning Commission to deny the application for Site Plan Review and Zoning Variances and denies the application for Tentative Tract Map approval.
SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution.
RESOLUTION NO. 24-61
APPROVED AND ADOPTED THIS 26TH DAY OF MARCH 2025.
_______________________________
Salvador Melendez, 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. 24-61 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 26th day of March 2025 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
RESOLUTION NO. 24-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, OVERTURING THE PLANNING
COMMISSION’S DENIAL OF SITE PLAN REVIEW AND ZONE
VARIANCES (PC-2024-0002-SPR/ZV/TTM) AND APPROVING A
TENTATIVE TRACT MAP APPLICATION (NO. 084478) FOR
CONSTRUCTION OF 15 RESIDENTIAL DWELLING UNITS AND 16
LEGAL LOTS FOR THE PROPERTY LOCATED AT 301 JACMAR DRIVE
RECITALS
WHEREAS, On January 22, 2024, William Molinari (“Applicant”) submitted an application (PC-2024-0002-SPR/ZV/TTM) to the City in an effort to allow for the construction of a total of 15 residential dwelling units and the subdivision to subdivide one lot to 16 lots at the property located at 301 Jacmar Drive (the “Project”); and WHEREAS, pursuant to Montebello Municipal Code (“MMC”) Chapters 16.12,
17.72 and 17.74, the Project required Tentative Tract Map approval, three Zone Variances related to reduced lot size, lot coverage, and setbacks, and Site Plan Review; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on June 4, 2024, which was continued to June 18, 2024 and July 16, 2024, and on July 16, 2024, the Planning Commission voted 2-1-2-0 to deny the Site Plan Review and Zone Variances and recommend denial of the Tentative Tract Map to the City Council; and WHEREAS, on July 24, 2024, Applicant filed a timely appeal of the Planning Commission’s decisions in accordance with MMC Chapter 17.78 (“Appeal”); and WHEREAS, pursuant to MMC Section 17.78.80, the City Council shall consider the appeal for the Site Plan Review and Zone Variances during a duly noticed public hearing and shall make the same findings and consider the same criteria as required of the Planning Commission; and
WHEREAS, pursuant to MMC Chapter 16.12, once the Planning Commission’s recommendation on the Tentative Tract Map application has been issued, the City Council shall consider the application, staff report, and all relevant evidence, and shall be governed by the same standards as the Planning Commission; and WHEREAS, on August 14, 2024, the City Council conducted a duly noticed public hearing to consider the Appeal and Tentative Tract Map application and subsequently continued the appeal to a future date at the Applicant’s request; and WHEREAS, on March 26, 2025, the City Council conducted a duly noticed public hearing to consider the Appeal and Tentative Tract Map application.
RESOLUTION NO. 24-62
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. RECITALS. The City Council finds that the foregoing recitals are true and correct and are hereby incorporated as substantive findings in this Resolution.
SECTION 2. FINDINGS. With independent consideration of the application and all associated materials, the reports provided by staff, public testimony, and information provided in the record of the Planning Commission related to this Project; the City Council hereby makes the following findings:
A. GENERAL PLAN
The Project conforms to the following goals and policies of the Montebello General Plan.
General Plan Goal to Encourage urban infill and compact development A2.7a states a goal “Promote infill development on vacant and underutilized sites….”
General Plan Goal for development that will create diverse and walkable neighborhoods A3.4b states a goal “Encourage a block and street layout that promotes walkable and bicycle friendly road designs with slow vehicular design speeds.”
General Plan Goal to retrofit suburban development P3.6 states the goal to “Integrate more housing choices in existing subdivisions”.
The proposed Project conforms to the City of Montebello General Plan Land Use Element as the proposed use will allow the Montebello community to benefit from the addition of the 15 new Single-Family residential homes, providing future Montebello residents with more housing choices in existing residential neighborhoods. The current Project site has one home on the lot and the lot size can be utilized for more homes, growing the community. With this increase in housing, it is supporting the General Plan goals by responding to the needs of the community and by reflecting the density standards that are outlined in the housing element of the General Plan.
B. SITE PLAN REVIEW
Pursuant to Section 17.74.070 of the MMC, before any Site Plan Review shall be granted, all the following findings must be made:
1. That the proposed design for improvement complies with all requirements of the Montebello Municipal Code;
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The 15 proposed units will all have a two-car garage, and heights will not exceed 25 feet, access to all units will be via a driveway, the units will have open space and the setbacks will be landscaped. The Applicant is requesting a zone variance from the R-1 standards regarding the minimum required setbacks, lot sizes and the lot coverage percentage per unit. A Site Plan is required due to the Project resulting in three or more units according to Section 17.74.030.
2. That the proposed design for improvement is consistent with the general plan; and
The proposed Project site is consistent with the general plan and reflects the goals that were set in place when designating certain zoning areas with different housing types. The Project site has the capacity for more development and the density is appropriate to the neighborhood and surrounding uses. Similar projects have also been approved in the close vicinity. The current plans are for 15 units with full roads, fire department turn around, and a small park for the residents to enjoy. The zone variance will not cause substantial environmental damage or injure fish or wildlife or their habitat.
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 proposed addition will not have any significant adverse impact on the surrounding properties as the surrounding area is currently developed with an existing single-family unit. The zone variances and subsequent development would not be harmful to the general welfare of the neighborhood, city or create problems for the public health or safety. It would increase the welfare by first supporting investments, bringing in construction and related jobs, and providing housing to the community. The current use is R-1 single family residential, and the proposed residential zoning will not change. All the immediate surrounding land uses are consistent with residential housing. The addition of this Project will be consistent with the surrounding land uses and will not have an adverse impact on surrounding properties.
C. VARIANCES
Pursuant to section 17.72.060 of the MMC, before any variance shall be granted, the Applicant has demonstrated the following facts:
1. Describe the special major unusual circumstance applicable to the subject property, which do not generally apply to other properties in the vicinity and with the same zoning designation.
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Unlike other properties in the surrounding neighborhood, the subject site is very large for a single-family home. It is a unique 1.38-acre lot. There is not another house like it in the neighborhood. Currently, the unit is providing very little benefit to the neighborhood with so much land being underutilized. Without the zone variance request in this application, the Applicant believes they would be deprived of maximizing the market value of their property. The increased property values of this new residential development would increase property tax revenues for the City. Further rejection of the Zone Variance requests would deprive the Applicant of privileges enjoyed by other properties in the vicinity under identical zoning classifications by not being able to fully utilize the Project site. a. The lot sizes: This single-family residential lot is special to the neighborhood as there is no other lot in the surrounding area that is the same size, making it difficult to design the homes on such a unique sized lot to optimize the area for each unit, resulting in reduced lot sizes.
b. Lot coverage: As a result of the lot sizes being smaller than usual, which is not typical, the Applicant requests to use as much space as possible causing the lot coverage to be more than usual.
c. Front setbacks: With the reduced sizes and the lot coverage being above than typically allowed, this unusual case has put the Applicant in the position to design the houses in a way that would best benefit the future homeowner.
Although the design of the house can allow the Applicant to have a larger front yard, the Applicant has decided to use the space to allow for a larger private backyard for each of the residents and apply for the zone variance.
2. Detail how due to the special or unusual circumstance as described above, strict application of the Zoning Code would result in practical difficulties or unnecessary hardships, or would deprive the property privileges enjoyed by other properties in the vicinity and with the same zoning designation.
The existing property is in some disrepair, and it is the goal of the Applicant to revitalize the lot which would result in the demolition of the existing house and replacing it with modern housing. The house is currently 85 years old and no longer the best use for a lot that size for the city for housing density. The zoning code does not allow the Applicant to best utilize the lot with its unique size the Applicant is requesting to optimize their lot, allowing the future homeowners to use as much of their lot as possible.
a. The lot sizes: If the lot sizes were up to standard, there essentially would not be enough room on the lot to accommodate as many homes as the Applicant is requesting. The Applicant is trying to utilize the lot and has retained inspiration from surrounding developments that have similar lot sizes. Without the minimized lot sizes, the Project would not be possible. b. Lot coverage: If the Applicant would design the houses using the Montebello Municipal code requirements, the houses would be extremely small and not suitable for a growing family, which the Applicant hopes to house.
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c. Front Setbacks: If the Applicant were to abide by the front yard setbacks, the future homeowners would have a large front yard and an extremely small backyard. The Applicant decided to utilize the space and provide a larger backyard to optimize the space in the best way.
3. Explain how the Zoning Variance is necessary for the preservation of the substantial property right to allow a reasonable use of the subject property, which is possessed by other properties in the vicinity and with the same zoning designation.
To properly utilize the future lots the Applicant is requesting to apply these zone variances to properly utilize the area on the lot and to design each lot to properly maintain the most use out of the Project site that is being redeveloped. a. Lot sizes: The lot sizes being smaller than required allows for more units which gives the Applicant a mechanism to provide more housing options to Montebello residents.
b. Lot Coverage: Being able to build more on each lot provides the units with a bigger house for bigger rooms, kitchen and bathroom areas providing a more comfortable to provide a more attractive home to any future residents. c. Front setback: Having a smaller front setback allows the residents to enjoy more space in the backyard of the units which is necessary with many of the new housing developments having such a small backyard. Although the Applicant will take away from the front setback, every unit will also have an attached garage for two cars.
4. Describe how the proposed Zone Variance will not cause an adverse effect on the public welfare or surrounding properties.
The site for the proposed use would not adversely affect the general welfare of the surrounding property owners because the size of the house and the two-story construction is consistent with the majority of the houses in the neighborhood. The property immediately south of the residence, although zoned R-1 single family residential does have three story town homes. There are many other properties in the immediate surroundings with greater densities, assuring this addition will not have any effects on the neighbors or the surrounding area. a. Lot sizes: The variance of lot sizes will not affect the surrounding users as there currently are units in the surrounding area that are similar sizes and have no effect on the surrounding properties.
b. Lot coverage: Although the lots will be above the allowed lot coverage, and the lots will be fully built out, every unit will be of a similar design, the consistency will ensure no unit will stand out from the others. c. Front setback: Although the lots will have a very small front yard, the units will still each have a two-car garage for the residents. This will help with any
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concerns regarding the limited driveway that will result from the front setback variance.
5. Describe how the granting of the Zone Variance will be consistent with the general plan and intent of the Zoning Code and will not adversely affect the General Plan.
The proposed Project provides single family homes in a neighborhood that also has single family units keeping the use consistent with the current zoning and type of development with similar square footage. The proposed Project has been properly notified and will be consistent with the general plan as the Project site has been designated for residential units.
D. TENTATIVE TRACT MAP
1. Describe how the proposed map is consistent with the General Plan and Specific plans as described in California Government Code Section 65451.
The proposed Project that would be allowed through this subdivision would result in over 23,000 square feet of open space and medium cost for 15 families.
The zone is consistent with the general plan and provides additional housing in the R1-Zone that is designated for single family housing developments making the Project consistent with the general plan.
2. Describe how the design or improvements of the proposed subdivision are consistent with the applicable general and specific plans; The general plan seeks to balance open space with developed space, and to group uses in neighborhoods for mutual enjoyment of the occupants and the residents. The Project provides open space and a private park as well as houses for sale. The development will allow the future residents to enjoy quality housing in a safe and secure environment. The development will also allow for modest growth in the city that will benefit business and the school system.
3. Describe how the site is physically suitable for the type of development.
The existing property has been developed as a single-family home since 1938. The house is aging and is in disrepair. Since its original construction, the community has grown around the house, and many of the developments around it now have much greater density. The combination of the property’s size as well as the denser development around it makes it suitable for this type of housing. The Project will have 16 parcels, with 15 single family homes on each separate parcel with a parcel for streets, utilities and a private park which will be owned by all of the homes and managed by a home owners association that will be set upon completion of construction.
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4. Describe how the site is physically suitable for the proposed density of the development;
The site is suitable for the proposed density as many of the developments in the surrounding neighborhood also have similar densities and the square footage of the lot can be designed to provide 15 homes. The now underutilized lot will provide housing to Montebello residents.
5. Describe how the design of the subdivision or proposed improvements is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife and their habitat; The existing house has been built since 1938 as a single-family home, there is no wildlife on the property that can be impacted.
6. Describe how the design of the subdivision or the proposed improvement is not likely to cause serious public health problems; According to a study conducted by the Applicant, the Project is estimated to produce less than 113 trips per day including 7 trips during the AM peak hour and 8 during the PM peak hours. The modern construction techniques will be employed for the Project will lessen the likelihood of termites and other insects that have the potential of appearing because of the Project.
7. Describe how the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; and The height of the Project will not exceed 25 feet in elevation; thus, it will not conflict with any neighbor’s rights with respect to blocking views. The utility easement on the west side of the property for electrical and communication cabling will be maintained. The utility engineering for the Project will likely create or renew utility access for the Project location itself as well as for the neighborhood.
8. Describe how the discharge of waste from the proposed subdivision into the existing sewer system would not add to or result in violation of existing water quality control standards.
The Los Angeles County Sanitation District will ensure that the construction of these units will not be of great impact to the sewer systems.
E. ENVIRONMENTAL
In accordance with the California Environmental Quality Act (“CEQA”), the proposed Site Plan Review, Case No. PC-2024-0002-SPR/ZV/TTM ENV 02-24- CE, is considered a “project,” per the (CEQA) definition of a “project.” The Project is considered a Class 32 and Categorically Exempt per CEQA Guidelines Section
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15332 (In-Fill Development Projects), and none of the limitations set forth in CEQA Guidelines Section 15300.2 apply.
SECTION 3. DECISION. Based on the evidence and testimony presented, and the findings included herein, the City Council hereby overturns the decision of the Planning Commission to deny the application for Site Plan Review and Zoning Variances and approves the application for Tentative Tract Map approval subject to the conditions of approval included herein.
SECTION 4. CONDITIONS. The City Council finds that the following conditions of approval are necessary and appropriate:
A. Planning Division Conditions
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 and utilization of the subject site shall conform to the allowed use, except as provided for herein and by subsequent revisions found by the Director of Planning and Community Development (“Director”) to be in substantial compliance with these provisions.
3. The development and utilization of the subject site shall be consistent with all of the provisions of the MMC, SPR, ZV and TTM (Case No. PC-2024-0002- SPR/ZV/TTM) and the specifications of the Planning Division.
4. Within thirty (30) days of the City 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.
5. In the event the Applicant violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals, or certificate
RESOLUTION NO. 24-62
of occupancy shall be issued until such violation(s) have been fully remedied.
6. No signs shall be installed on the site until a sign permit has been approved by the Planning Department and Building & Safety Division in conformance with the provisions set forth in Chapter 17.62.080 (“Signs- Residential Zones”) of the MMC and the provisions set forth in the SPR.
7. The approval of the entitlement shall expire if the rights granted are not exercised within one (1) year from the SPR’s effective date. Exercise of right shall mean issuance of a building permit to commence construction or similar activities demonstrating the intent to proceed with the project, as determined by the director.
8. The 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.(Case No. PC-2024-0002-SPR/ZV/TTM)
9. The Applicant or successor in interest shall meet the applicable code requirements and all other City Department regulations.
10. 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.
11. The property owner 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.
12. 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 Planning Commission at a noticed public hearing.
13. This approval shall not supersede the approval of any other responsible agencies. The Applicant shall comply with all Federal, State and local laws.
14. The approval of this SPR (Case No. PC-2024-0002-SPR/ZV/TTM) can be extended up to and not to exceed an additional two (2) years with a written request by the property owner thirty (30) days prior to the expiration date stating the reason and need for an extension and upon review and approval by the Director.
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.
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16. The development and utilization of the site shall comply with all the provisions of all of the current Building, Plumbing, Mechanical, Electrical Codes, and City Ordinances, as well as additional requirements from the Montebello Building and Safety Division.
17. The development and utilization of the site shall be subject to the review and approval of the Building Department. Additional Montebello Public Works Department requirements may be required prior to issuing building permits.
18. The development and utilization of the site shall comply with all the provisions of all of the California Fire Code, International Fire Code, and National Fire Protection Association standards as well as additional requirements from the Montebello Fire Department.
19. Modification to Plans. Subsequent modification to this approval, which do not intensify the use, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, necessity of, and timing, may be approved by the Director within a 25% deviation, unless the Director requires a Substantial Conformance or revised Permit application in accordance with the City Development Code.
20. 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.
21. The applicant shall submit detailed landscape and irrigation plans prepared by a licensed Landscape Architect, which meet the requirements set forth in MMC shall be required as a part of the project Plan Check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits.
22. 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.
23. It is the responsibility of the property owner to have all graffiti on the site removed within twenty-four (24) hours of its appearance, or be subject to citation from the City Code Enforcement Division.
24. All improvements to the subject property shall be in compliance with all City Ordinances.
25. 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.
26. The street shall be swept at the end of the day if visible soil material is carried
RESOLUTION NO. 24-62
onto adjacent public paved roads.
27. The established HOA shall incorporate language in its bylaws to address parking concerns through a parking pass program or other measures.
28.The applicant shall properly capture and relocate any animal found on the property.
29. 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.
30. An application for a Tentative Tract Map to subdivide the lots into 16 separate units, and a final map shall be approved prior to the issuance of building permits.
31. The specifications of the Montebello Public Works Department and the Building Division shall be complied with:
The Applicant will continue to work with the Building Department to finalize the certification of the Tract Map and will, upon request, provide the Building Department with any additional information or documentation required.
32. 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.
33. All trees shall be at least twenty-four-inch (24”) box or equivalent.
34. All landscape planters shall be surrounded by a six (6) inch concrete curb.
35. All existing and proposed utilities (Gas, Electricity, Communications, etc.) shall be placed underground. The applicant shall reflect this requirement on plans submitted for “Plan Check”.
36. 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.
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37. Any inevitable exposed wires shall be neatly bolted and painted to match the building color.
38. The exterior of all structures and walls shall be a neutral color scheme and shall be consistent with the provisions of the Color Ordinance of the City of Montebello, subject to the review and approval of the Planning Department.
39.Any substantial change or modification to the proposed site plan shall be subject to review and approval by the Planning Commission.
40.Final architectural plans/design will be reviewed and approved by the Planning Department.
B. Building Division Conditions
1. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check.
2. Plans prepared in compliance with the current Building Code shall be submitted to Building Division for review prior permit issuance.
3. School Developmental Fees shall be paid to School District prior to the issuance of the building permit.
4. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit.
5. Applicant shall submit a site plan with proposed addressing and file an address assignment application with the City.
6. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect.
7. Structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided.
8. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following:
a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials;
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c) The approval of soils to be used as fill material;
d) Inspection of compaction and placement of fill;
e) The testing of compacted fills; and
f) The inspection of review of drainage devices.
9. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by other soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the City, a new Preliminary Soils and/or Geotechnical Investigation.
10.The property shall be surveyed, and the boundaries marked by a land surveyor licensed by the State of California.
11.Foundation inspection will not be made until the excavation has been surveyed and the setbacks determined to be in accordance with the approved plans by a land surveyor licensed by the State of California. THIS NOTE IS
TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT
LOCATION.
12.Separate application and plan review is required for Electrical plans showing the electrical system design serving all proposed units.
13.Separate application and plan review is required for Plumbing plans showing the utility, including but not limited to water, sewer, and gas lines, design servicing all proposed units.
14. Project shall comply with the CalGreen Residential mandatory requirements.
15.No form work or other construction materials will be permitted to encroach into adjacent property without written approval of the affected property owner.
16.Demolition permit is required for any existing buildings, including but not limited to a pool and a detached storage shed, which are to be demolished.
17.Separate building permit is required for the perimeter block wall/fence.
18.All fire sprinkler hangers must be designed, and their location approved by an engineer or an architect. Calculations must be provided indicating that the hangers are designed to carry the tributary weight of the water filled pipe plus a 250-pound point load. A plan indication this information must be stamped by the engineer or the architect and submitted for approval prior to issuance of the building permit.
19.A separate permit is required for Fire Sprinklers.
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20.Building permits shall not be issued until the final map has been prepared to the satisfaction of the Building Official.
C. Public Works Department
The following conditions and public improvements will be required to be performed and completed in an acceptable manner to the City in accordance with all applicable rules and laws. Federal, State, County and local laws and regulations for project implementation must be adhere to throughout the duration of the project. The Public Works Department may require other information or may impose additional conditions and requirements as deemed necessary to protect public health and safety.
General:
1) Onsite Groundwater Monitoring Wells, including legally removed, permanent, temporary and active wells, must be depicted on all site plans, grading plans and all other relevant plans. Include a legend that demonstrates ownership, date installed, and type of monitoring well and all other relevant information. 2) Provide Tentative Tract Map which incorporates the adopted conditions of approval and any specific criteria noted by the city. The tentative map must also show existing drainage patterns of all properties adjacent to the site, including relevant topographic elevations from the adjacent properties. 3) Provide demolition plan for existing buildings and pavement. Show utilities to be capped and abandoned at the property lines.
4) Comply with the City’s ordinance pertaining to construction debris recycling.
Contact the Building & Safety Department to obtain a Construction & Demolition Debris Diversion Program form. The Construction & Demolition Debris Diversion Program is also applicable with respect to the grading process. 5) Provide Grading and drainage plans, geotechnical report (the report shall provide recommendations for pavement thicknesses, over excavation limits, and etc), infiltration report, and all other applicable reports/plans must be submitted to the Community Development Department for review and approval. 6) Provide a hydrology and hydraulics report prepared by a professional engineer subject to review and approval. All storm drainage facilities serving the development must accommodate a 50-year storm.
7) Provide an on-site utility plan (sewer and water) for review and approval.
This plan must include water service for domestic flow, fire flow, and backflow prevention. A water and sewer system analysis must be provided by the developer to demonstrate that the new development does not negatively impact the existing system. If the existing system does not have adequate pressure and fire flow to serve the development, the developer will be responsible for upgrading the water main and sewer as necessary in the public right-of-way.
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8) Engineer to show the location of the sewer mainline, nearest manholes, lateral serving the project and configuration of the onsite sewer including diameter and material of the onsite sewer.
9) Engineer to show the location of the water mainline, water meters servicing the development and any newly proposed water meter locations. 10) Engineer to show will serve letter from the water purveyor. 11) Engineer to submit sewer study.
12) Provide a street improvement plan. The street improvement must pavement rehabilitation (2-inch grinding and overlay) along the entire property frontage and up to the street centerline.
13) All public works improvements must comply with the standards and specifications of the city of Montebello or Los Angeles County. 14) Low Impact Development (LID) is a requirement of the NPDES Permit No.
CAS004004, Order No. ORDER NO. R4-2021-0105 and local Ordinances. The LID is a narrative report that explains the type of development and drainage of the site. It must address the post-construction water quality and habitat impact issues. 15) Provide and submit SWPPP and pay the fee to the State of California Water Quality Board then submit SWPPP with WDID# to the city. 16) A recorded Covenant and Agreement indicating that the owner of the subject development is aware and agrees to maintain all stormwater BMP features for this project is required. The covenant shall include operation and maintenance guidelines prepared by the project civil engineer/architect. 17) The Engineering Division issues all encroachment/excavation permits in the public right-of-way. Permits are issued to valid State of California licensed contractors to perform the necessary work.
18) Alternative engineering methods for filtration and infiltration must be used to defray a percentage of the storm water runoff into the storm drain system. 19) Comply with all Federal, State, and local agency requirements pertaining to the Clean Water Act, which established regulations, set forth in the Countywide National Pollutant Discharge Elimination System (NPDES) Permit. 21) All USA/Dig Alert paint markings must be removed by the contractor from the sidewalk, curb & gutter and/or asphalt pavement once offsite improvements are completed.
22) The applicant must record the Final Map after the City Council approves
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the final map and the City Council accepts any applicable bonds or agreements. 23) The applicant/ property owner must provide written proof that there are no liens against the subdivision for unpaid taxes or special assessments and submit Los Angeles County tax bill, tax payment receipt, and copy of cancelled check before filling a Final Map with the city for approval.
24) Covenants Conditions & Restrictions (CC&R) conforming to these conditions of approval must be filed for approval. The CC&R must be approved as to form by the City Attorney; the applicant must pay for all costs associated with such review. A copy of the approved recorded CC&R must be submitted before final inspection and clearance of the building permit.
25) The City Engineer may require other information or may impose additional conditions and requirements as deemed necessary to protect health and safety, and to benefit the public.
D. Fire Department
1) Fire flow analysis showing the existing infrastructure meets/exceeds the 2022 Edition California Fire Code, Appendix B/BB.
2) The development shall comply with all applicable provisions of the California Fire Code, referenced NFPA standards, and local ordinances. 3) Additional requirements may be added during the plan check process, if applicable.
SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution.
[Signatures on the following page.]
APPROVED AND ADOPTED THIS 26TH DAY OF MARCH 2025.
RESOLUTION NO. 24-62
_______________________________
Salvador Melendez, 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. 24-62 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 26th day of March 2025 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
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
COVER SHEET
SCALE:
N.T.S.
SHEET #:
T-100 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP
1.11.24 JACMAR
301 JACMAR DR
MONTEBELLO, CA 90640
(EXISTING) OCCUPANCY CODES
PROPERTY SUMMARY
PROJECT:
(NEW) OCCUPANCY CODES
DEFERRED SUBMITTALS
FIRE DEPARTMENT NOTES
PROJECT DIRECTORY PROJECT INFO./BUILDING DATA
APPLICABLE CODES
CONTRACTOR NOTES
SCOPE OF WORK
ABBREVIATIONS + SYMBOLS
NOTES VICINITY MAP
PARKING WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
Property Owner
Architect
Civil Engineering Company
Applicant
PROJECT DIRECTORY
SHEET INDEX
S 63°38'00" E
100.00'
S 63°38'00" E 139.55'
N 32°45'0
" E 60.85' N 32°45'0
" E 60.85' N 32°45'0
" E 59.86' N 32°45'0
" E
59.86'
N 63°38'00" W 70.06'
N 26°2 '0
" E
65.0 '
N
1 6
0 3
7 °3
.7
8'00" W
9'
43°29'23"
L=37.95,
R=50.00
Jacmar Drive
Jacmar Drive
N 6
2 3
9 °
. 3
9 8'00" W
5'
S 26°2 '0
" W
216.0 ' S
20°1 '07"
E
82.82'
115.17 TC
114.85 TC
114.92 TC
115.55 TC
115.62 TC
115.04 TC
115.05 TC
115.05 TC
115.03 TC
114.85 TC
115.21 TC
114.86 TC
115.57 TC
115.52 TC
114.85 TC
114.90 TC
115.08 TC
115.01 FS
115.15 FS
115.15 FS
115.09 FS 115.14 FS
115.11 FS
115.34 FS
115.09 FS
115.32 FS
115.63 FS
115.58 FS
115.46 FS
115.38 FS
115.42 FS
115.57 FS
115.65 FS
115.60 FS
115.17 FS
115.03 gr
115.23 gr
115.32 gr 115.08 gr
115.05 gr
115.30 gr
116.54 gr
114.93 gr
114.92 gr
115.58 gr
114.99 gr
115.37 gr
115.85 gr
115.54 gr
115.12 gr
115.02 gr
115.40 gr
115.34 gr
115.43 gr
115.25 gr
115.11 gr
115.10 gr
115.05 gr
115.25 gr
115.26 gr
115.14 gr
115.14 gr
115.12 gr
115.22 gr
114.86 gr
114.95 gr
114 115.03 gr .85 gr
115.09 gr
114.92 gr
221.61 TW
115.08 gr
115.41 gr
221.61 TW
115.57 gr
115.30 gr
221.47 TW
115.41 gr
115.32 gr
221.49 TW
115.40 gr
115.19 gr
221.60 TW
115.14 gr
115.51 gr
221.40 TW
115.04 gr
115.19 gr
221.32 TW
115.38 gr 115.21 gr
221.99 TW
114.85 gr
114.98 gr
222.06 TW
115.01 gr
114.90 gr
222.16 TW
115.01 gr
115.17 gr
222.14 TW
115.09 gr
114.85 gr
222.87 TW
115.09 gr
115.07 gr
222.70 TW
115.14 gr
115.53 gr
222.98 TW
115.16 gr
115.02 gr
223.50 TW
114.86 gr
115.24 gr
223.65 TW
115.23 gr
115.28 gr
223.42 TW
115.21 gr
223.47 TW
223.57 TW
223.68 TW
115.75 gr
223.48 TW
115.11 gr
223.57 TW
115.20 FS
223.53 TW
115.02 FS
223.51 TW
115.17 FS
223.45 TW
115.09 FS
115.45 FS
223.32 TW
115.66 FS
223.36 TW
115.16 FS
115.11 FS
223.43 TW
115.12 FS
223.48 TW
115.03 FS
115.09 FS
222.95 TW
115.63 FS
222.98 TW
115.09 FS
115.09 FS
222.98 TW
115.10 FS
222.91 TW
115.14 FS
222.85 TW
115.42 FS
222.86 TW
114.93 FS
222.78 TW
115.15 FS
222.81 TW
114.98 FS
222.80 TW
115.08 FS
226.31 TW
115.35 FS
224.06 TW
115.11 FS
223.99 TW
115.16 FS
222.82 TW
115.28 FS
Legend:
Centerline
RightofWay
Lot Line
Wall
Building
Pavement
Fence
Pool
Contour 1' Power Lines
Power Pole
222.66 TW
115.22 FS
222.50 TW
115.03 FS
Statement of Engineer:
I Peter H. Martin, RCE #24889, hereby
certify, that this Site Plan and Survey
correctly shows the location of all buildings
situated on the above premises, to an
accuracy of 0.15' and 50 ppm. by:
222.73 TW
222.10 TW
222.59 TW
222.05 TW
222.01 TW
223.20 TW
222.85 TW
222.77 TW
221.64 TW
221.61 TW
220.65 TW
220.61 TW
220.99 TW
221.06 TW
221.87 TW 221.76 TW
221.70 TW
221.73 TW
221.73 TW
221.70 TW
221.79 TW
221.66 TW
221.77 TW
221.78 TW
221.37 TW
221.76 TW
221.76 TW
221.77 TW
221.78 TW
221.75 TW
221.98 TW
222.28 TW
221.78 TW
221.75 TW
221.77
221.88
221.52
223.65
222.05
222.35
222.09
223.57
223.32
222.25
221.47
222.39
222.83
223.94
222.68
222.57
223.00
221.56
224.75
223.15
222.15
221.51
220.86
21292.904.96
221.94
228.08
219.42 222.40
220.11
221.16
220.96
2242.2236.34
22222.520.82
221.64
222.14
221.48
223.09
Scale 1/16" = 1' 8 16 24 32
Martin Engineers
Peter H. Martin
RCE 24889
5025 Crown Ave. La Cañada, CA 91011
818-495-3024
10/11/23
DATE:
C-1
S
H
E
E
T
1 O
F
1 Site Survey
201 Jacmar Dr. Montebello, CA 90640
John Mark Construction
Company, Inc
APN: 6352-026-029
PREPARED FOR:
Abbreviations:
CO = Septic Clean-Out
FFE = Finish Floor Elevation
FG = Finish Grade
FL = Flow Line Elevation
FS = Finish Surface Elevation
GR = Exist Grade Elevation
PP = Power Pole
R = Reference
SS = Sanitary Sewer
TC =Top of Curb
TG = Top of Grate Elevation
TS = Top of Slope
TW = Top of Wall Elevation
UV = Utility Vault
WM = Water Meter
FD = Found
NTG = Nothing
Pool
House
House
House
House
House
House
House
House
Multi Story Building
Lot Area:
58,240.65 Sq.Ft. 1.337 Ac.
N
T
TI G
TE
A N OR
ATE OF CALIF
C
Exp. 12/31/23
No.24889
ST
I P
EG
S
R
E
I V I L
I
N
E
NE I R
ED
E
R
RO P
ER
I
A
SS
. M
F
H
E NA O
R
L
POOL
DRIVEWAY (FOR DEMO)
(FOR DEMO)
(E) SINGLE FAMILY RESIDENCE
(FOR DEMO)
6'-1112"
30'-6"
21'-312"
28'-10"
14'-6"
9'-2"
17'-412" 18'-3"
2'-612"
List of trees to be removed where
all trunks are 4" min. diameter : - (10) Palm Trees - (2) Pine Trees - (3) Wild Olive Trees - (3) Jacaranda Trees - (1) Fresno Ash Tree - (1) Fucus Tree - (3) Eucalyptus Trees (E) BLOCK WALL/
FENCE STRUCTURE
TO BE REPLACED
(E) BLOCK WALL/
FENCE STRUCTURE
AND GATE
TO BE REMOVED
(E) BLOCK WALL/
FENCE STRUCTURE
TO BE REMOVED
Walls To Be Replaced
Structures For Demo
Items For Demo
DEMO LEGEND
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
(E) SITE PLAN/
DEMO PLAN
SCALE:
1/16" = 1'
SHEET #:
A-100
EXISTING SITE PLAN
SCALE: 1/16" = 1' 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP N WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
1.11.24
GARAGE
FRONT PORCH
DRIVEWAY 40' 58'-6"
DRIVEWAY DRIVEWAY DRIVEWAY
6" Curb
FRONT PORCH
DRIVEWAY
GARAGE
FRONT PORCH 2
10 JACMAR DRIVE
3RD STREET Sidewalk Sidewalk
Sidewalk 6" Curb DRIVEWAY 49"-3"'
61'-6"
62'-1" 43' 43' 6" Curb 6" Curb DRIVEWAY
59' 40'
4 DRIVEWAY 40'
26' 6" Curb 6" Curb 6" Curb 44'-8"
59'
6" Curb 6" Curb 6" Curb 6" Curb
5'
15'
5'
15'
10'
5' SIDEWALK SIDEWALK
143'-6
3 4
"
216'-1
1 4
"
239'-1
1 4
"
47'-31
4 "
107'-71
2 "
82'-5
3 4
"
64'-111
2 "
5'
5' DRIVEWAY
SIDEWALK
9 55'-9"
DRIVEWAY
6'-9" 49'-3"'
3 40'-4"
6" Curb 6" Curb 34'-4"
8'-6"
49' 43'-0"
11'-4" 33'-9"
58'-7"
60'10"
10'
FRONT PORCH
1 43' 33'-8"
54'-3" 5'-1"
26'-0" 26'
5'
10'
GARAGE
FRONT PORCH 46'-8"
5 6" Curb
8'-8" 40' 38'
12 11
6" Curb
58'-6"
5'
10'
5'
5' 10'
5'
SIDEWALK SIDEWALK SIDEWALK SIDEWALK
SIDEWALK
7'
15' SIDEWALK DRIVEWAY SIDEWALK SIDEWALK 38'
GARAGE
FRONT PORCH 8
GARAGE
FRONT PORCH
7 38'
FRONT PORCH
13 FRONT PORCH
14 10'
5'
10'
FRONT PORCH
15 5'
10'
5'
FRONT PORCH
GARAGE 6
FRONT PORCH
GARAGE DRIVEWAY SIDEWALK
T-D 49'-3"
5'
10'
5'-6"
7'-4"
POROUS
PAVING
POCKET PARK
GARAGE
FRONT PORCH
7'
12'
15' 63'-6"
GARAGE
FRONT PORCH
GARAGE
LANDING
AC UNIT
FRONT PORCH
SITTING
AREA
4'
4'
AC UNIT
LANDING LANDING LANDING LANDING
AC UNIT
AC UNIT
AC UNIT AC UNIT AC UNIT AC UNIT AC UNIT AC UNIT AC UNIT AC UNIT AC UNIT AC UNIT
AC UNIT
AC UNIT
AC UNIT
AC UNIT
AC UNIT
AC UNIT
AC UNIT
AC UNIT
AC UNIT
AC UNIT
AC UNIT
AC UNIT
AC UNIT AC UNIT
AC UNIT AC UNIT
GARAGE GARAGE GARAGE GARAGE
LANDING
EXERCISE EQUIPMENT
6" Curb 6" Curb 6" Curb 6" Curb
8'
8'
15'
10'
10'
8'-6"
8'-6"
8'
8'
11'
11'
6" Curb
6" Curb
T-D
T-D T-D
15'-1"
15'-1" 15'
15'
15'-1"
15'
15'
10'-6" 40' 10'-6" 40' 10'-6" 40' 10'-6" 40' 10'-6" 6' Block Wall 6' Block Wall 6' Block Wall 6' Block Wall 6' Block Wall 6' Block Wall 6' Block Wall 6' Block Wall 6' Block Wall
6' Block Wall
6' Block Wall
6' Block Wall
6' Block Wall
6' Block Wall 6' Block Wall
6' Block Wall
6' Block Wall 6' Block Wall 6' Block Wall 6' Block Wall 15' 15' 15' 15'
SIDEWALK
SIDEWALK
DRIVEWAY
DRIVEWAY
DRIVEWAY
SIDEWALK
SIDEWALK
SIDEWALK
SIDEWALK
SIDEWALK
LANDING
LANDING
LANDING
LANDING
LANDING
LANDING
LANDING
LANDING
LANDING
GARAGE
6'
FINISHED GRADE
TBD
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
PROPOSED
SITE PLAN
SCALE:
1/16" = 1'
SHEET #:
A-101
PROPOSED SITE PLAN
SCALE: 1/16" = 1' 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP
1.11.24 N
T-D TRUNCATED DOMES
TREE - 4" TRUNK MIN.
LANDSCAPE WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI PRIVATE OPEN AREA: 21,520 Sq Ft
PAVEMENT:
TOTAL OF HARDSCAPE AND LANDSCAPED AREAS: 41,504 Sq Ft
STREET: 13,034 Sq Ft
FOOTPRINT: 17,536 Sq Ft
Units:
ROOFED AREA: 24,155 Sq Ft
UNIT #1 UNIT #2 UNIT #3 UNIT #4 UNIT #5 UNIT #6 UNIT #7 UNIT #8 UNIT #9 UNIT #10 UNIT #11 UNIT #12 UNIT #13 UNIT #14 UNIT #15 PRIVATE Open Space (Sq Ft)
Front Porch
Backyard Hardscape
Walkway
Driveway
Right of Way
COMMON Open Space (Sq Ft)
North Entrance Landscape
Landscape (In Front Of Units)
Porous Pavement
Front Yard Landscape
Back Yard Landscape
Street
"Exercise Equipment " Landscape
Pickleball Landscape
Pickleball Court
Pickleball Court Pavement
59 59 39 35 35 39 35 35 56 56 45 45 45 45 45
TOTAL
673
13,034
1,4054
1,512
158
1,341
573
880
615
851
170 170 136 136 136 146 146 146 187 187 177 177 177 177 177 2,445 56 56 56 56 56 56 56 56 59 59 56 56 56 56 56 846
942 933 966 924 1022 902 830 1018 1104 978 887 887 887 887 887 14,054 122 101 153 102 101 99 112 112 156 162 116 116 116 116 116 1,800 91 123 85 94 238 56 63 69 181 109 119 119 118 119 118 1,702 SCALE: 1/4"=1'
(N) 6' WALL DETAIL -
DECORATIVE MASON WALL
* SLUMPSTONE PER 17.10.130.D OF
MONTEBELLO MUNICPAL CODE
1 & 2
KITCHEN
LIVING
DINING
GARAGE
HALLWAY
UP
1'-6" POWDER
(UNDER STAIRS)
9'-8" 6'-8" 6'-8" 3'-81
2 "
32'-101
2 "
4'-21
2 "
18'-3"
20'-6"
17'-8"
9'-7"
6'-9"
4'-71
2 "
11'-101
2 " 20'-6"
6'-21
2 "
9'-101
2 "
5' STORAGE
BATH
LAUNDRY
HALLWAY
DOWN
CLOSET
CLOSET CLOSET
MASTER
BEDROOM BEDROOM BEDROOM
HALL
CLOSET
PANTRY
11'-10"
10'-3"
5'-3"
11'-1" 16'-2
1 2
"
5'-5"
2'-5"
16'-8
1 2
"
5'-11" 5'
11'-10" 20'-6
1 2
"
9'-1"
7'-11
1 2
"
13'-0
1 2
"
3'-0
1 2
"
2'-5"
12'-3
1 2
"
4'-9"
3'-3"
4'
2'
6' 11'-4" 11'-4" 6'-3"
11'-8
1 2
" 10'-8" 12'
W.I.C.
BATH
CLOSET
HALLWAY
1'
1'
2' REFRIGERATOR
SINK STOVE/OVEN
2'-10"
5'-11
1 2
" 5' 11'
A
A
B C C
C
C
C
A
2'-9"
D
D
D
D
A
A
F E
G
1 2
2 2 2
2 2 2
2 2
3 4
5 6 6
6 5' 5'
5'
7 8
39'-3" 43'-3"
34'-10
1 2
"
FRONT
PORCH
3'-6"
1'-6"
2 TON
AC UNIT
(FIRST STORY) 4 TON
AC UNIT
(SECOND STORY)
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
FLOORPLAN -
SUITE 1 &2
SCALE:
1/4"=1'
SHEET #:
A-200
TYP FLOORPLAN - UNITS 1 & 2
SCALE: 1/4" = 1' 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP N
11.22.23 WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
A
B
C
D
E
F
G
Single Hung
Slider
Slider
Slider
Single Hung
Slider
24 x 36
36 x 30
48 x 36
72 x 36
36 x 48
48 x 12
SCHEDULE FOR RETROFIT WINDOWS
SYM WINDOW TYPE SIZE OPENABLE AREA
2 sq ft
2.6 sq ft
4.6 sq ft
7.3 sq ft
4.3 sq ft
2.1 sq ft
1 2
3 4
5 6
7 Entry Swing Door
Interior Swing Door
Pocket Door
Bi-Fold Closet Door
Bi-Fold Laundry Door
Exterior Sliding Door
Sliding Closet Door
36 x 84
32 x 84
32 x 84
48 x 84
90 x 84
72 x 84
60 x 84
DOOR LEGEND
8 Garage Door 180 x 84
Sq Ft For Unit 1 & 2
First Story 742
Second Story 1312
Habitable Unit Sq Ft 2054
Garage Sq Ft 400
Covered Area 1231
Casement 36 x 48 7.0 sq ft
* EGRESS WINDOW
*
*
FIRST STORY SECOND STORY
1 8 D E F
23'-11"
17'-512"
20'-1112" 21'-8 21'-11" 12"
12'-4" 12345
Stucco
Wood Garage Door
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron 1 1 1 1 2 3 3 3 4 4 4 4 5 1 1 6 Planter Box 6 6 #### C A A G C
23'-11"
17'-512"
21'-11" 21'-812" 20'-312"
12'-212"
3'-2" 3 3 3 3 1 1 4 4 4 4 134
Stucco
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST: 1 5 5 Decorative Iron
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
SCALE: SHEET #:
UNIT 1 & 2 - SOUTH ELEVATION
SCALE: 1/4"=1' 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP
ELEVATION -
UNITS 1&2
A-201
11.22.23 WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI ABCDEFG Single Hung
Slider
Slider
Slider
Single Hung
Slider
24 x 36
36 x 30
48 x 36
72 x 36
36 x 48
48 x 12
SCHEDULE FOR RETROFIT WINDOWS
SYM WINDOW TYPE SIZE OPENABLE AREA
2 sq ft
2.6 sq ft
4.6 sq ft
7.3 sq ft
4.3 sq ft
2.1 sq ft 1234567
Entry Swing Door
Interior Swing Door
Pocket Door
Bi-Fold Closet Door
Bi-Fold Laundry Door
Exterior Sliding Door
Sliding Closet Door
36 x 84
32 x 84
32 x 84
48 x 84
90 x 84
72 x 84
60 x 84
DOOR LEGEND 8 Garage Door 180 x 84
Casement 36 x 48 7.0 sq ft
* EGRESS WINDOW **
UNIT 1 & 2 - EAST ELEVATION
SCALE: 1/4"=1'
1/4"=1'
B 7 D D D C C
17'-512"
23'-11"
21'-812" 20'-1112"
4' 3'-2" 134
Stucco
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST: 1 1 1 4 4 4 3 3 33 3 3 5 5 Decorative Iron C A A A 23'-11"
20'-312" 20'-1112" 21'-11"
23'-11"
3'-4" 134
Stucco
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST: 1 1 1 1 1 3 3 3 3 4 4 4 4 5 5 Decorative Iron REVISION DATE:
ELEVATION -
UNITS 1&2
A-202
11.22.23 WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI ABCDEFG Single Hung
Slider
Slider
Slider
Single Hung
Slider
24 x 36
36 x 30
48 x 36
72 x 36
36 x 48
48 x 12
SCHEDULE FOR RETROFIT WINDOWS
SYM WINDOW TYPE SIZE OPENABLE AREA
2 sq ft
2.6 sq ft
4.6 sq ft
7.3 sq ft
4.3 sq ft
2.1 sq ft 1234567
Entry Swing Door
Interior Swing Door
Pocket Door
Bi-Fold Closet Door
Bi-Fold Laundry Door
Exterior Sliding Door
Sliding Closet Door
36 x 84
32 x 84
32 x 84
48 x 84
90 x 84
72 x 84
60 x 84
DOOR LEGEND 8 Garage Door 180 x 84
Casement 36 x 48 7.0 sq ft
* EGRESS WINDOW ** PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
SCALE: SHEET #:
UNIT 1 & 2 - NORTH ELEVATION
SCALE: 1/4"=1' 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP UNIT 1 & 2 - WEST ELEVATION
SCALE: 1/4"=1'
1/4"=1'
4:12 4:12
4:12
4:12
4:12 4:12
4:12
4:12
4:12
1'-6"
1'-6"
1'-6"
1'-6"
1'-6"
1'-6"
1'-6"
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
ROOF PLAN -
SUITE 1 &2
SCALE: SHEET #:
UNITS 1 & 2 - ROOF PLAN
SCALE: 1/4"=1' 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP N A-203
11.22.23 WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
1/4"=1'
GARAGE
FRONT
PORCH
UP
POWDER
KITCHEN
LIVING
DINING
DOWN
BATH CLOSET CLOSET
BATH
W.I.C.
BEDROOM
BEDROOM
MASTER STORAGE
E
F
C C
D
D
A
C
C
A
C
C
C
B
5'-8" 13'-6" 6'-7" 4'-3"
4'-21
2 "
13'-2" 21'-01
2 "
20'-6"
9' 20'-6"
2'-10" 4'-2"
5'
14'
15'-101
2 "
30'
4'-11" 4'-11"
4'-3"
4'-5"
4'-5
1 2
"
8'-2"
12'-11" 8'-5"
7'
16'-9
1 2
" 2'-5" 14'-3
1 2
"
2'
15'-9"
27'-9
1 2
"
2'
36'-61
2 "
8'-4" 21'-2"
2'
11'-6
1 2
"
2'
13'-11"
20'-9
1 2
"
3'-8"
1'-4
1 2
"
6'-2"
A
8 A
42'-01
2 "
34'
46'-0
1 2
"
LAUNDRY
5 3
1'-6"
4'
6'-8" PANTRY 2 TON
AC UNIT
(FIRST STORY) 4 TON
AC UNIT
(SECOND STORY)
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
FLOORPLAN -
UNITS 3, 4, 5, 6, 7, 8,11-15
SCALE: SHEET #:
FLOORPLAN - UNITS 3, 4, 5, 6, 7, 8,11-15
SCALE: 1/4"=1' 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP
11.22.23 N UNIT 6
UNIT 7
N UNIT 8
Sq Ft For Units 3 & 6
First Story 618
Second Story 1108
Habitable Unit Sq Ft 1743
Garage Sq Ft 400
Covered Area 1108
UNIT 3
UNIT 4
UNIT 5
N
UNIT 11
UNIT 13
UNIT 15
UNIT 12
UNIT 14
Sq Ft For Units 4, 5, 7 &8
First Story 576
Second Story 1030
Habitable Unit Sq Ft 1623
Garage Sq Ft 400
Covered Area 1060
Sq Ft For Units 11-15
First Story 727
Second Story 1317
Habitable Unit Sq Ft 2047
Garage Sq Ft 400
Covered Area 1215
A-300
1 2
3 4
5 6
7 Entry Swing Door
Interior Swing Door
Pocket Door
Bi-Fold Closet Door
Bi-Fold Laundry Door
Exterior Sliding Door
Sliding Closet Door
36 x 84
32 x 84
32 x 84
48 x 84
90 x 84
72 x 84
60 x 84
DOOR LEGEND
8 Garage Door 180 x 84
A
B
C
D
E
F
G
Single Hung
Slider
Slider
Slider
Single Hung
Slider
24 x 36
36 x 30
48 x 36
72 x 36
36 x 48
48 x 12
SCHEDULE FOR RETROFIT WINDOWS
SYM WINDOW TYPE SIZE OPENABLE AREA
2 sq ft
2.6 sq ft
4.6 sq ft
7.3 sq ft
4.3 sq ft
2.1 sq ft
Casement 36 x 48 7.0 sq ft
* EGRESS WINDOW
*
*
1/4"=1' WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
1 A 8
C D
8'-8"
16'-111
2 "
22'-111
2 " 1
2 3
4 5
Stucco
Wood Garage Door
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron
5 6 Planter Box
6 1
1 1
1 2
3 3 3
4 4
4 4
3 12'-10"
21'
3'-21
2 "
####
C C
A
C
E
F
8'-8"
22'-111
2 "
5 3
3 3
3 3 3
1 1
1 1
4 4
1 3
4 5
Stucco
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron
20'-111
2 "
3'-2"
16'-11
1 2
"
21'-9
1 2
"
12'
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
SCALE: SHEET #: 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP (UNITS 3, 4 &5)
NORTH ELEVATION
(UNITS 6, 7, &8)
SOUTH ELEVATION
(UNITS 11-15)
EAST ELEVATION
ELEVATION -
UNITS 3, 4, 5, 6, 7, 8,11-15
11.22.23 1/4"=1' A-301WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI A
B
C
D
E
F
G
Single Hung
Slider
Slider
Slider
Single Hung
Slider
24 x 36
36 x 30
48 x 36
72 x 36
36 x 48
48 x 12
SCHEDULE FOR RETROFIT WINDOWS
SYM WINDOW TYPE SIZE OPENABLE AREA
2 sq ft
2.6 sq ft
4.6 sq ft
7.3 sq ft
4.3 sq ft
2.1 sq ft
1 2
3 4
5 6
7 Entry Swing Door
Interior Swing Door
Pocket Door
Bi-Fold Closet Door
Bi-Fold Laundry Door
Exterior Sliding Door
Sliding Closet Door
36 x 84
32 x 84
32 x 84
48 x 84
90 x 84
72 x 84
60 x 84
DOOR LEGEND
8 Garage Door 180 x 84
Casement 36 x 48 7.0 sq ft
* EGRESS WINDOW
*
*
(UNITS 3, 4 &5)
WEST ELEVATION
(UNITS 6, 7, &8)
EAST ELEVATION
(UNITS 11-15)
NORTH ELEVATION
* Front Elevation for Units 11,13, and 15 to have partial stone exterior
7 C B C C
8'-8" 4 4 4 4 3 3 3 3 1 1 1 1 5 1 1345
Stucco
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron
3'-2" 4'
19'-1112" 21'
22'-1112"
12'-10" A A D
8'-8" 4 4 4 3 3 3 1 1 1 1 1 5 5 1345
Stucco
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron
3'-212"
21'-912" 22'-1112" 19'-1112"
12'-10"
REVISION DATE:
(UNITS 3, 4 &5)
SOUTH ELEVATION
(UNITS 6, 7, &8)
NORTH ELEVATION
(UNITS 11-15)
WEST ELEVATION
ELEVATION -
UNITS 3, 4, 5, 6, 7, 8,11-15
11.22.23 1/4"=1' A-302WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
SCALE: SHEET #: 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP ABCDEFG Single Hung
Slider
Slider
Slider
Single Hung
Slider
24 x 36
36 x 30
48 x 36
72 x 36
36 x 48
48 x 12
SCHEDULE FOR RETROFIT WINDOWS
SYM WINDOW TYPE SIZE OPENABLE AREA
2 sq ft
2.6 sq ft
4.6 sq ft
7.3 sq ft
4.3 sq ft
2.1 sq ft 1234567
Entry Swing Door
Interior Swing Door
Pocket Door
Bi-Fold Closet Door
Bi-Fold Laundry Door
Exterior Sliding Door
Sliding Closet Door
36 x 84
32 x 84
32 x 84
48 x 84
90 x 84
72 x 84
60 x 84
DOOR LEGEND 8 Garage Door 180 x 84
Casement 36 x 48 7.0 sq ft
* EGRESS WINDOW **
(UNITS 3, 4 &5)
EAST ELEVATION
(UNITS 6, 7, &8)
WEST ELEVATION
(UNITS 11-15)
SOUTH ELEVATION
4:12 4:12
4:12
4:12
4:12
4:12
4:12
4:12
3'-6"
1'-6"
1'-6"
1'-6"
1'-6"
1'-6"
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
SCALE: SHEET #: 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP SCALE: 1/4" = 1'
ELEVATION - UNITS 3, 4, 5, 6, 7, 8,11-15
ROOF PLAN -
UNITS 3, 4, 5, 6, 7, 8,11-15
A-303
11.22.23 WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
1/4"=1'
FRONT
PORCH
GARAGE
PANTRY
DINING LIVING
7 1
2 2
6 KITCHEN
B
C C
C
C
18'-01
2 " 8'-4" 8'-4"
4'-6"
39'-21
2 "
7'-6"
5'-6" 3'-9"
11'-81
2 20'-6" "
5'-91
2 " 9'-1"
5'-51
2 "
20'-6"
35'-61
2 "
14'-6"
7'-10
1 2
"
5'-9"
BATH
MATERIAL TRADENAME MODELNUMBER
MATERIAL TRADENAME MODELNUMBER
CLOSET
BATH
MATERIAL TRADENAME MODELNUMBER CLOSET
W.I.C.
W.I.C.
MATERIAL TRADENAME MODELNUMBER MATERIAL TRADENAME MODELNUMBER BATH
BEDROOM
BEDROOM
BEDROOM
MASTER
2 2
2 2
2 2
2 2 2
D
D
D
G
A
A
C
A
3 3
3 F E
7'-4
1 2
8'-2 3'-11" " 1
2 3'-11" "
4'-6"
6'-11"
9'-4 9'-10" 2'-6" 5'-8" 1
2 "
7'-2"
4'-9
1 2
"
15'-7 3'-5" 5'-5" 1
2 6'-7 " 1
2 "
12'-3"
2'-5"
11'-4
1 2
"
8'-11
1 2
"
2'
2'
7'-11
1 2
"
6'-6"
10'-10"
11'-8
1 2
"
2'
15'-10"
2'
16'-3" 5'-5"
2'-2
1 2
5'-5 " 1
2 "
43'-2
1 2
"
39'-6
1 2
"
CLOSET
5 21'-0
1 2
"
LAUNDRY
UP
UP
DWN
DWN
6'-6"
MODELNUMBER TRADENAME MATERIAL
2 POWDER
A
3'-3
1 2
"
6'-11"
3 TON
AC UNIT
(FIRST STORY) 4 TON
AC UNIT
(SECOND STORY)
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
FLOORPLAN -
SUITE 9&10
SCALE: SHEET #:
FLOORPLAN - UNITS 9 & 10
SCALE: 1/4" = 1' 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP N
A
B
C
D
E
F
G
Single Hung
Slider
Slider
Slider
Single Hung
Slider
36 x 48
36 x 30
48 x 36
72 x 36
36 x 48
48 x 12
SCHEDULE FOR RETROFIT WINDOWS
SYM WINDOW TYPE SIZE OPENABLE AREA
4.3 sq ft
2.6 sq ft
4.6 sq ft
7.3 sq ft
4.3 sq ft
2.1 sq ft
1 2
3 4
5 6
7 Entry Swing Door
Interior Swing Door
Sliding Closet Door
Glass Shower Door
Bi-Fold Laundry Door
Exterior Sliding Door
36 x 84
32 x 84
72 x 84
30 x 72
72 x 84
72 x 84
DOOR LEGEND
Garage Door 180 x 84
Casement 36 x 48 7.0 sq ft
* EGRESS WINDOW
*
*
Sq Ft For Units 9 & 10
First Story 846
Second Story 1461
Habitable Unit Sq Ft 2307
Garage Sq Ft 400
Covered Area 1337
11.22.23 1/4"=1' A-400WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
7 1
C
G
1 2
3 4
5 Stucco
Wood Garage Door
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron
2 3
1 1
1 5 5
D C
6 3 3
6 3'-2"
8'-8"
12'-10"
23'-2"
24'-111
2 " 21'-1
1 2
"
####
3 1
5 C
A D
3 3
3 1
1 5
5 1
3 4
5 Stucco
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron
8'-8"
3'-2"
12'-10"
21'-1"
12'-10"
24'-111
2 "
A
3 1
3'-8"
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
SCALE: SHEET #:
UNITS 9 & 10 - NORTH ELEVATION 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP
ELEVATION -
UNITS 9 & 10
11.22.23 1/4"=1' A-401WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI A
B
C
D
E
F
G
Single Hung
Slider
Slider
Slider
Single Hung
Slider
36 x 48
36 x 30
48 x 36
72 x 36
36 x 48
48 x 12
SCHEDULE FOR RETROFIT WINDOWS
SYM WINDOW TYPE SIZE OPENABLE AREA
4.3 sq ft
2.6 sq ft
4.6 sq ft
7.3 sq ft
4.3 sq ft
2.1 sq ft
1 2
3 4
5 6
7 Entry Swing Door
Interior Swing Door
Sliding Closet Door
Glass Shower Door
Bi-Fold Laundry Door
Exterior Sliding Door
36 x 84
32 x 84
72 x 84
30 x 72
72 x 84
72 x 84
DOOR LEGEND
Garage Door 180 x 84
Casement 36 x 48 7.0 sq ft
* EGRESS WINDOW
*
*
UNITS 9 & 10 - WEST ELEVATION
* Front (North) Elevation for Units 9 to have partial stone exterior
6 C C
A E
F
3 3
3 3
1 1
1 1 1
1 1
5 1
3 4
5 Stucco
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron
3 8'-8"
23'-2"
24'-11
1 2
"
3'-2"
12'-101
2 "
20'-51
2 "
B
A D
3 3
3 1 1 1
1 1
5 1
3 4
5 Stucco
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron
8'-8"
24'-11
1 2
"
4'
12'-101
2 "
23'-2"
REVISION DATE:
ELEVATION -
UNITS 9 & 10
11.22.23 1/4"=1' A-402WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI A
B
C
D
E
F
G
Single Hung
Slider
Slider
Slider
Single Hung
Slider
36 x 48
36 x 30
48 x 36
72 x 36
36 x 48
48 x 12
SCHEDULE FOR RETROFIT WINDOWS
SYM WINDOW TYPE SIZE OPENABLE AREA
4.3 sq ft
2.6 sq ft
4.6 sq ft
7.3 sq ft
4.3 sq ft
2.1 sq ft
1 2
3 4
5 6
7 Entry Swing Door
Interior Swing Door
Sliding Closet Door
Glass Shower Door
Bi-Fold Laundry Door
Exterior Sliding Door
36 x 84
32 x 84
72 x 84
30 x 72
72 x 84
72 x 84
DOOR LEGEND
Garage Door 180 x 84
Casement 36 x 48 7.0 sq ft
* EGRESS WINDOW
*
* PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
SCALE: SHEET #:
UNITS 9 & 10 - SOUTH ELEVATION 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP UNITS 9 & 10 - EAST ELEVATION
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12 4:12
1'-6"
1'-6"
1'-6"
1'-6"
1'-6"
1'-6"
1'-6"
3'-6"
1'-6"
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
ROOF PLAN -
SUITE 9&10
SCALE: SHEET #:
ROOF PLAN - UNITS 9 & 10
SCALE: 1/4" = 1' 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP N
11.22.23 1/4"=1' A-403WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
1 A 8 C D 5 6 1 1 1 1 2 3 3 3 4 4 4 4 1 A 8 C D 5 6 1 1 1 1 2 3 3 3 4 4 4 4 12345 Stucco
Wood Garage Door
Architectural Foam Trim (Around Windows)
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron 6 Planter Box 6 3 3 12345
Stucco
Wood Garage Door
Exterior Wood Trim
Spanish Style Roofing Tile
MATERIAL LIST:
Decorative Iron 6 Planter Box 6
#### ####
OPTION #1 OPTION #2
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
SCALE: SHEET #: 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP
TYP FRONT ELEVATION
OPTIONS
A-500
11.22.23 WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
1/4"=1'
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
SCALE: SHEET #: 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP
RENDERINGS
A-600
11.22.23 WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
N/A
RENDERINGS
* Unit represented in rendering is Unit 3 * Unit represented in rendering is Unit 4
GARAGE
DRIVEWAY DRIVEWAY DRIVEWAY
GARAGE
DRIVEWAY
GARAGE 2
10 JACMAR DRIVE
3RD STREET Sidewalk Sidewalk
Sidewalk
R28'
20' DRIVEWAY
26' DRIVEWAY 4 DRIVEWAY
26' DRIVEWAY DRIVEWAY SIDEWALK SIDEWALK
143'-634"
216'-114"
239'-114"
47'-314"
107'-712"
82'-534"
64'-1112" DRIVEWAY SIDEWALK SIDEWALK 9 DRIVEWAY 3
26' 1
20'
26'
T-D
26'-0"
20'
EXERCISE EQUIPMENT
GARAGE 5
12 11
SIDEWALK SIDEWALK SIDEWALK SIDEWALK SIDEWALK LANDSCAPE SIDEWALK LANDSCAPE SIDEWALK DRIVEWAY SIDEWALK SIDEWALK GARAGE 8
GARAGE 7 SIDEWALK
GARAGE
13 GARAGE
14 DRIVEWAY
GARAGE
15 GARAGE 6 DRIVEWAY
GARAGE DRIVEWAY SIDEWALK
PICKLEBALL
COURT
20' SIDEWALK SIDEWALK SIDEWALK
GARAGE
GARAGE
GARAGE
SITTING
AREA
20'
GARAGE
124'-934"
38'
88'-212"
19'
R28' R28' R28'
T-D
T-D
T-D
26'
REVISION DATE: PROJECT: PROJECT ADDRESS: CLIENT:
SHEET:
DRAWN BY:
DATE: JOHN MARK CONSTRUCTION CO.
ANTHONY SANCHEZ
SCALE: SHEET #: 302 JACMAR DR MONTEBELLO, CA 90640 TENTATIVE TRACT MAP
DEAD END APPARATUS
TURNAROUND
F-100
11.22.23 WILLIAM M. MOLINARI AND M. ANTONIETA MOLINARI
N/A
FIRE APPARATUS TURNAROUND -
ALTERNATIVE120' HAMMERHEAD
SCALE: 1/6" = 1'
T-D TRUNCATED DOMES
TREE - 4" TRUNK MIN.
LANDSCAPE
ITEM # 1
CITY OF MONTEBELLO
PLANNING COMMISSION AGENDA STAFF REPORT
TO: Members of the Planning Commission
FROM: Joseph Palombi, Planning & Community Development Director BY: Emilie Fernandez, Assistant Planner
SUBJECT: Planning Commission Resolution for Site Plan Review (“SPR”) Zone Variance (“ZV”) and Tentative Tract Map (“TTM”) (Case No. PC-2024- 0002-SPR/ZV/TTM) to establish a development diagram for 16 new single family lots to allow 15 single family residential units, including zone variances for reduced lot sizes, front setback, and lot coverage.
The Planning Commission will also consider adopting a resolution recommending the City Council approve Tentative Tract Map (TTM No. 084478) for the subdivision to subdivide one legal lot to result in the creation of 16 legal lots including a common parcel for streets, utilities, and a private park pursuant to Montebello Municipal Code Chapter 17.74 et seq. (Site Plan Review) Chapter 17.72 et seq. (Variances) and Chapter 16.12 et seq. (Tentative Maps), on an existing lot located at 301 Jacmar Drive.
DATE: July 16, 2024
RECOMMENDATION(S):
It is recommended that the Planning Commission conduct a public hearing and take the following action:
1. Adopt Resolution No. 07-24 Approving the Site Plan Review (“SPR”) Zone Variance (“ZV”) No. PC-2024-0002-SPR/ZV/TTM to allow the demolition of an existing residence and construct 15 new homes on an existing singlefamily lot and three zone variances for reduced lot sized, lot coverage and setbacks pursuant to Montebello Municipal Code (“MMC”) Chapter 17.74 - Site Plan Review Chapter 17.72 - (Variances)
2. Recommending Approval to the City Council for a Tentative Tract Map (“TTM”) (TTM No. 084478) with conditions to allow the subdivision of an
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
existing single- family residence into 16 parcels. (the “Project”) for the property located at 301 Jacmar (the “Project Site”) with conditions pursuant to Montebello Municipal Code (“MMC”) Chapter 16.12 - (Tentative Maps); and
3. DETERMINE AND FIND that the project (ENV No. 02-24-CE) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section (15332) - Class 32 (In-Fill Development) as it meets the conditions set forth under class 32 (In-Fill Development Projects).
BACKGROUND:
On January 22, 2024, John Mark Kozakar (the “Applicant”) on behalf of William M Molinari (“Property Owner”) filed a Master Land Use Application requesting Site Plan Review, multiple Zone Variances and Tentative Tract Map applications to allow the construction of 15 new single-family homes on an existing single family residential lot at the Project Site.
On January 22, 2024, staff issued a deemed complete letter to the Applicant pursuant to California Government Code Section 65943 et seq.
On June 4, 2024, the Planning Commissoin held a duly noticed public hearing to consider the proposed project. Director Palombi introduced the item, and Assistant Planner Emilie Fernandez presented the Site Plan Review (SPR), Zone Variance (ZV), and Tentative Tract Map (TTM) for the proposed project at 301 Jacmar Drive. The applicant’s representative, John Mark Kozakar, addressed questions from the Planning Commission. This public hearing included 13 speakers (3 in support, 10 in opposition) and public comments (5 in opposition, 1 in support). Concerns included impacts on wildlife, parking, trash, and outreach adequacy. The item was continued to the next regularly scheduled meeting on June 18, 2024, with a request for additional information on parking plans, HOA bylaws, the Initial Study/Mitigated Negative Declaration (IS/MND) from the previous project, and community outreach documentation.
On June 18, 2024, the Planning Commission considered the continued item from the previous meeting. Assistant Planner Emilie Fernandez provided additional documentation addressing concerns from the previous meeting. Chair Morales reopened the public hearing to allow the public, the applicant, and representatives to provide public comment. The Planning Commission discussed community outreach, CEQA compliance, and the project's impact on the community. Specific concerns were raised regarding parking regulations, outreach and the presence of endangered species within the property. This public hearing included 10 speakers (6 in support, 4 in opposition) and public comments (1 in support). Concerns focused on outreach efforts and environmental impacts. There was no action taken by the Planning Commission during this meeting and the item was continued to the Planning Commission meeting scheduled for Tuesday, July 16, 2024. The Commissioners requested that the applicant work with City Staff to explore a variation in the scope of the project. Additionally, the Commissioners directed City Staff to make all documents presented to the Planning
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
Commission available to the public. In addition, information was requested by the Planning Commission from the applicant regarding endangered species on the property.
PROJECT /APPLICANT INFORMATION
Project Location: 301 Jacmar Drive
Project Applicant: John Mark Kozakar on behalf of the Property Owners Property Owners: William M. Molinari and Antonieta Molinari General Plan Designation: Single Family
Zoning: R-1 One-Family Residential
Existing Use on Property: Existing single family residence ENVIRONMENTAL:
In accordance with the California Environmental Quality Act (“CEQA”), the proposed Project, Case No. PC-2024-0002-SPR/ZV/TTM ENV 02-24-CE, is considered a “project,” per the (CEQA) definition of a “project.” The project is considered a Class 32 and Categorically Exempt per CEQA Guidelines Section 15332 (In-Fill Development Projects), and none of the limitations set forth in CEQA Guidelines Section 15300.2 apply.
In order to qualify under an exemption pursuant to Class 32 of CEQA Guidelines Section 15332 (In Fill Development Projects), the following environmental findings must also be made:
A. The project is consistent with the applicable general plan designation and all applicable general plan policies, as well as with applicable zoning designations and regulations.
The proposed project conforms to the Montebello General Plan, Land Use Element in that the General Plan Land Use designation for the site for the R-1 (Single - Family Residential) zoning designation.
B. The proposed development occurs within the city limits on a project site of no more than five (5) acres substantially surrounded by urban uses.
The proposed development shall occur on a 60,101 square-foot (1.38 acres) lot located on Jacmar Drive within city limits and thus, is less than the maximum five acres specified in Section 15332(b) for this exemption. The site is surrounded by existing developed industrial properties.
C. The project has no value as habitat for endangered, rare, or threatened species.
The proposed project is currently developed with an existing single family home.
The subject property is surrounded by additional housing developments and is consistent with the land use designation.
D. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
The proposed project shall not have any significant effects relating to traffic, noise, air quality, or water quality as the site is currently developed with an existing residential unit.
E. The site can be adequately served by all required utilities and public services.
The project has been reviewed by City staff and it has been determined that it can be adequately served by all required utilities and public services.
ANALYSIS:
Project Site
Jack Mark Kozakar (the “Applicant”) is proposing to demolish the existing single-family residential home located at 301 Jacmar Drive and construct 15 residential dwelling units and related amenities consistent with plans under Attachment A. The subject site is approximately 60,101 square feet (1.38 acres) within the R-1 (Single-Family residential zone). The subject site currently has a one-story, single-family residence with a swimming pool, landscaping, and mature trees. The subject site is generally west of South Bluff Road and north of Washington Boulevard. The Subject Site is bordered north, east, south, and west by residential properties zones R-1 (Single Family Residential) and R-3 (Multi-Family Residential).
PROJECT DESCRIPTION
The applicant seeks approval from the Planning Commission for Site Plan Review and related variances to accommodate the construction of 15 single-family residential dwelling units (the "proposed Project") that would include the subdivision of an existing improved site with a comprised lot area of approximately 60,101 square feet (or 1.38 acres). In addition, the applicant seeks a recommendation from the Planning Commission regarding VTTM No. 084478. The Site Plan Review is required for all residential projects resulting in three or more dwelling units. The project will result in 15 dwelling units pursuant to the proposed subdivsion; therefore, the Site Plan approval is required. The units will have between 3 to 4 bedrooms and either 2.5 or 3.5 bathrooms. Each unit will be two stories, have one living room, kitchen, dining room and two car garages. A Zone Variance is required when wanting to deviate from the Montebello Municipal Code. The standard size requirement for single family lots is 5,000 square feet per unit, the proposed residential units would range from 2,420 to 3,428 square feet. The applicant is also deviating from the lot coverage standards. For the R-1 Zone, the allowed lot coverage is 40%, and the applicant is proposing lot coverages ranging from 41.68% to 47.82%. The standards for setbacks include 20 feet in front, 5 on each side and 10 feet from the back.
The applicant will comply with the sides and back setback but is requesting the front setback to range between 4.5 to 6.5 feet. A Tentative Tract Map application is required for any subdivision that results in five or more parcels.
Attachment A: Site Plan
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
The following table list the zoning designation of the surrounding land use:
Direction Zone Land Use
North R-1 Single-Family Residential
South R-1 Single-Family Residential
East R-1 Single-Family Residential
West R-1 Single-Family Residential
The following is intended to illustrate the development diagram associated with the Floor Plans of one two of the units related to this project:
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
GENERAL PLAN
The Project conforms to the following goals and policies of the Montebello General Plan.
General Plan Goal to Encourage urban infill and compact development A2.7a states a goal “Promote infill development on vacant and underutilized sites….” General Plan Goal for development that will create diverse and walkable neighborhoods A3.4b states a goal “Encourage a block and street layout that promotes walkable and bicycle friendly road designs with slow vehicular design speeds.” General Plan Goal to retrofit suburban development P3.6 states the goal to “Integrate more housing choices in existing subdivisions”.
The proposed project conforms to the City of Montebello General Plan Land Use Element as the proposed use will allow the Montebello community to benefit from the addition of the 15 new Single-Family residential homes, providing future Montebello residents with more housing choices in existing residential neighborhoods. The current project site has one home on the lot and the lot size can be utilized for more homes, growing the community. With this increase in housing, it is supporting the General Plan goals by responding to the needs of the community and by reflecting the density standards that are outlined in the housing element of the General Plan.
REQUIRED FINDINGS MONTEBELLO MUNICIPAL CODE (MMC)
SITE PLAN REVIEW (MMC 17.74)
The purpose of the site plan review is to minimize or preclude potential adverse impacts to the public interest or on abutting properties and adjacent residential, commercial, and industrial neighborhoods, resulting from the design or layout of a proposed development.
Section 17.74.030- When required explains that a site plan review is required for all residential projects resulting in the construction of three or more units.
Pursuant to Section 17.74.070 of the MMC, before any site plan review shall be granted, all the following findings must be made:
A. That the proposed design for improvement complies with all requirements of the Montebello Municipal Code;
The 15 proposed units will all have a two-car garage, and heights will not exceed 25 feet, access to all units be via a driveway, the units will have open space and the setbacks will be landscaped. The applicant is requesting a zone variance from the R-1 standards regarding the minimum required setbacks, lot sizes and the lot coverage percentage per unit. A Site Plan is required due to the project resulting in three or more units according to Section 17.74.030.
B. That the proposed design for improvement is consistent with the general plan; and
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
The proposed project site is consistent with the general plan and reflects the goals that were set in place when designating certain zoning areas with different housing types. The project site has the capacity for more development and the density is appropriate to the neighborhood and surrounding uses. Similar projects have also been approved in the close vicinity. The current plans are for 15 units with full roads, fire department turn around, and a small park for the residents to enjoy. The zone variance will not cause substantial environmental damage or injure fish or wildlife or their habitat.
C. That the proposed design for improvement will not have any significant adverse impact on the surrounding properties or on the general public welfare.
The proposed addition will not have any significant adverse impact on the surrounding properties as the surrounding area is currently developed with an existing single-family unit. The zone variances and subsequent development would not be harmful to the general welfare of the neighborhood, city or create problems for the public health or safety. It would increase the welfare by first supporting investments, bringing in construction and related jobs, and providing housing to the community. The current use is R-1 single family residential, and the proposed residential zoning will not change. All the immediate surrounding land uses are consistent with residential housing. The addition of this project will be consistent with the surrounding land uses and will not have an adverse impact on surrounding properties.
REQUIRED FINDINGS MONTEBELLO MUNICIPAL CODE (MMC)
VARIANCES (MMC Chapter 17.72 et seq.)
The sole purpose of the variance is to ensure that no property, because of special circumstance applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. No variance shall be granted by other properties in the same vicinity and zone.
A Zone Variance is being requested to deviate from the development standards within an R-1 Zone. The applicant is requesting to deviate from the standards for lot size, setback, and lot coverage. According to the MMC section 17.10.020 development standards for new development, new development of a single-family residential unit, the lot size must be 5,000 square feet. The front setback must be 20 feet, the rear 10 feet, and sides 5 feet and the lot coverage standard is also 40 percent. The applicant is seeking to deviate from all three of the stated requirements.
ZONE VARIANCE
REQUEST
Standard Request
1 . Lot Sizes 5,000 Square Feet 2, 240 to 3,428 Square Feet
2. Lot Coverage 40% 41.68% to 47.82%
3. Front Setbacks 20 Feet 4.5 to 6.5 feet
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
Pursuant to section 17.72.060 of the MMC, before any variance shall be granted, the Planning Commission satisfy that the applicant has demonstrated the following facts:
A. Describe the special major unusual circumstance applicable to the subject property, which do not generally apply to other properties in the vicinity and with the same zoning designation.
Unlike other properties in the surrounding neighborhood, the subject site is very large for a single-family home. It is a unique 1.38-acre lot. There is not another house like it in the neighborhood. Currently, the unit is providing very little benefit to the neighborhood with so much land being underutilized. Without the zone variance request in this application, the applicant believes they would be deprived of maximizing the market value of their property. The increased property values of this new residential development would increase property tax revenues for the City.
Further rejection of the zone variance requests would deprive the applicant of privileges enjoyed by other properties in the vicinity under identical zoning classifications by not being able to fully utilize the project site.
1. The lot sizes: This single-family residential lot is special to the neighborhood as there is no other lot in the surrounding area that is the same size, making it difficult to design the homes on such a unique sized lot to optimize the area for each unit, resulting in reduced lot sizes.
2. Lot coverage: As a result of the lot sizes being smaller than usual, which is not typical, the applicant requests to use as much space as possible causing the lot coverage to be more than usual.
3. Front setbacks: With the reduced sizes and the lot coverage being above than typically allowed, this unusual case has put the applicant in the position to design the houses in a way that would best benefit the future homeowner.
Although the design of the house can allow the applicant to have a larger front yard, the applicant has decided to use the space to allow for a larger private backyard for each of the residents and apply for the zone variance.
B. Detail how due to the special or unusual circumstance a described above, strict application of the Zoning Code would result in practical difficulties or unnecessary hardships, or would deprive the property privileges enjoyed by other properties in the vicinity and with the same zoning designation.
The existing property is in some disrepair, and it is the goal of the applicant to revitalize the lot which would result in the demolition of the existing house and replacing it with modern housing. The house is currently 85 years old and no longer the best use for a lot that size for the city for housing density. The zoning code does not allow the applicant to best utilize the lot with its unique size the applicant is requesting to optimize their lot, allowing the future homeowners to use as much of their lot as possible.
1. The lot sizes: If the lot sizes were up to standard, there essentially would not be enough room on the lot to accommodate as many homes as the applicant
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
is requesting. The applicant is trying to utilize the lot and has retained inspiration from surrounding developments that have similar lot sizes.
Without the minimized lot sizes, the project would not be possible.
2. Lot coverage: If the applicant would design the houses using the Montebello Municipal code requirements, the houses would be extremely small and not suitable for a growing family, which the applicant hopes to house.
3. Front Setbacks: If the applicant were to abide by the front yard setbacks, the future homeowners would have a large front yard and an extremely small backyard. The applicant decided to utilize the space and provide a larger backyard to optimize the space in the best way.
C. Explain how the Zoning Variance is necessary for the preservation of the substantial property right to allow a reasonable use of the subject property, which is possessed by other properties in the vicinity and with the same zoning designation.
To properly utilize the future lots the applicant is requesting to apply these zone variances to properly utilize the area on the lot and to design each lot to properly maintain the most use out of the project site that is being redeveloped.
1. Lot sizes: The lot sizes being smaller than required allows for more units which gives the applicant a mechanism to provide more housing options to Montebello residents..
2. Lot Coverage: Being able to build more on each lot provides the units with a bigger house for bigger rooms, kitchen and bathroom areas providing a more comfortable to provide a more attractive home to any future residents.
3. Front setback: Having a smaller front setback allows the residents to enjoy more space in the backyard of the units which is necessary with many of the new housing developments having such a small backyard. Although the applicant will take away from the front setback, every unit will also have an attached garage for two cars.
D. Describe how the proposed Zone Variance will not cause an adverse effect on the public welfare or surrounding properties.
The site for the proposed use would not adversely affect the general welfare of the surrounding property owners because the size of the house and the two-story construction is consistent with the majority of the houses in the neighborhood. The property immediately south of the residence, although zoned R-1 single family residential does have three story town homes. There are many other properties in the immediate surroundings with greater densities, assuring this addition will not have any effects on the neighbors or the surrounding area.
1. Lot sizes: The variance of lot sizes will not affect the surrounding users as there currently are units in the surrounding area that are similar sizes and have no effect on the surrounding properties.
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
2. Lot coverage: Although the lots will be above the allowed lot coverage, and the lots will be fully built out, every unit will be of a similar design, the consistency will ensure no unit will stand out from the others.
3. Front setback: Although the lots will have a very small front yard, the units will still each have a two-car garage for the residents. This will help with any concerns regarding the limited driveway that will result from the front setback variance.
E. Describe how the granting of the Zone variance will be consistent with the general plan and intent of the Zoning Code and will not adversely affect the General Plan.
The proposed project provides single family homes in a neighborhood that also has single family units keeping the use consistent with the current zoning and type of development with similar square footage. The proposed project has been properly notified and will be consistent with the general plan as the project site is has been designated for residential units.
REQUIRED FINDINGS MONTEBELLO MUNICIPAL CODE (MMC)
TENTATIVE TRACT MAP (MMC Chapter 16.12 et seq.)
A. Describe how the proposed map is consistent with the General Plan and Specific plans as described in California Government Code Section 65451.
The proposed project that would be allowed through this subdivision would result in over 23,000 square feet of open space and medium cost for 15 families. The zone is consistent with the general plan and provides additional housing in the R1- Zone that is designated for single family housing developments making the project consistent with the general plan.
B. Describe how the design or improvements of the proposed subdivision are consistent with the applicable general and specific plans; The general plan seeks to balance open space with developed space, and to group uses in neighborhoods for mutual enjoyment of the occupants and the residents.
The project provides open space and a private park as well as houses for sale. The development will allow the future resident to enjoy quality housing in a safe and secure environment. The development will also allow for modest growth in the city that will benefit business and the school system.
C. Describe how the site is physically suitable for the type of development The existing property has been developed as a single-family home since 1938. The house is aging and is in disrepair. Since its original construction, the community has grown around the house, and many of the developments around it have now have much greater density. The combination of the property’s size as well as the denser development around it makes it suitable for this type of housing. The project
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
will have 16 parcels, with 15 single family homes on each separate parcels with a parcel for streets, utilities and a private park which will be owned by all of the homes and managed by a home owners association that will be set upon completion of construction.
D. Describe how the site is physically suitable for the proposed density of the development;
The site is suitable for the proposed density as many of the developments in the surrounding neighborhood also have similar densities and the square footage of the lot can be designed to provide 15 homes. The now underutilized lot will provide housing to Montebello residents.
E. Describe how the design of the subdivision or proposed improvements is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife and their habitat;
The existing house has been built since 1938 as a single-family home, there is no wildlife on the property that can be impacted.
F. Describe how the design of the subdivision or the proposed improvement is not likely to cause serious public health problems;
According to a study conducted by the applicant, the project is estimated to produce less than 113 trips per day including 7 trips during the AM peak hour and 8 during the PM peak hours. The modern construction techniques will be employed for the project with lessen the likelihood of termites and other insects that have the potential of appearing because of the project.
G. Describe how the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; and
The height of the project will not exceed 25 feet in elevation; thus, it will not conflict with any neighbor’s rights with respect to blocking views. The utility easement on the west side of the property for electrical and communication cabling will be maintained. The utility engineering for the project will likely create or renew utility access for the project location itself as well as for the neighborhood.
H. Describe how the discharge of waste from the proposed subdivision into the existing sewer system would not add to or result in violation of existing water quality control standards.
The Los Angeles County Sanitation District will ensure that the construction of these units will not be of great impact to the sewer systems.
REPORTS RECEIVED
PLANNING COMMISSION AGENDA REPORT - MEETING OF JULY 16, 2024
The application for Case No. PC-2024-0002-SPR/ZV/TTM was sent out to various departments for review and comments. Comments provided by the Fire Department, Building Department, Public Works Department and Planning Department have been listed as conditions to the proposed Resolution, Attachment C.
SUMMARY:
Pursuant to MMC Section 17.78 (Public Hearings, Notices, and Appeals), the following noticing was performed:
• On May 23, 2024, the Public Hearing Notice was mailed to property owners within the 300-foot radius from the exterior boundaries of the Project Site.
On May 23, 2024, the Public Hearing Notice was published in the Daily Journal (Whittier Daily News).
ATTACHMENT(S)
1. Attachment A Site plan Floor Plans and Elevations
2. Attachment B Tentative Tract Map
3. Attachment C Resolution No 07-24
4. Attachment D CEQA Notice of Exemption
CITY OF MONTEBELLO
PLANNING COMMISSION
RESOLUTION NO. 07-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MONTEBELLO APPROVING SITE PLAN REVIEW, THREE (3) ZONE
VARIANCES AND A RECOMMENDATION TO CITY COUNCIL FOR
APPROVAL OF A TENTATIVE TRACT MAP (TTM NO. 084478) (PC2024-0002-SPR/ZV/TTM) WITH CONDITIONS TO PERMIT THE CONSTRUCTION OF 15 SINGLE-FAMILY HOMES ON 16 DIFFERENT
PARCELS AT 301 JACMAR DRIVE AND ADOPTING A NOTICE OF
EXEMPTION UNDER CEQA 15332- CLASS 32 (IN-FILL
DEVELOPMENT)
WHEREAS, a Site Plan Review (SPR) Zone Variance (ZV) and Tentative Tract Map (TTM) application has been received and accepted; and WHEREAS, the Site Plan Review would allow the addition of 15 single family units on 16 units (“Project”) for John Mark Kozakar (“Applicant”) on behalf of William M. Molinari and Antonieta Molinari (“Property Owner”) at the property located at 301 Jacmar Drive (“Project Site”) pursuant to Montebello Municipal Code (MMC) Chapter 17.74- Site Plan Review, Chapter 17.72- Variances and Chapter 16.12 Tentative Maps; and WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Montebello (“City”) is the lead agency for the proposed Project; and
WHEREAS, the Site Plan Review, Zone Variances and Tentative Tract Map for Case No. PC-2024-0002-SPR/ZV/TTM / ENV No. 02-24-CE is considered a “project”, as per CEQA’s definition of a “project”; and
WHEREAS, the Project is Categorically Exempt per CEQA §15332, Class 32 (In Fill Development) and meets the conditions set forth under Class 32 (In Fill Development Projects); and
WHEREAS, a duly noticed public hearing has been held, at which the Planning Commission received and considered staff presentations, recommendations, public testimony, and all other matters presented at the public hearing and included in the record for this matter, and all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
EXHIBIT C
NOW, THEREFORE, the Planning Commission of the City of Montebello hereby resolves that:
SECTION 1. RECITALS. The foregoing recitals are true and correct and are hereby incorporated as substantive findings in this Resolution.
SECTION 2. FINDINGS
A. GENERAL PLAN. The Planning Commission of the City of Montebello finds that the proposed Project is consistent with the General Plan.
Per the Montebello General Plan, the Project conforms to:
1. General Plan Goal to Encourage urban infill and compact development A2.7a states a goal “Promote infill development on vacant and underutilized sites….”
2. General Plan Goal for development that will create diverse and walkable neighborhoods A3.4b states a goal “Encourage a block and street layout that promotes walkable and bicycle friendly road designs with slow vehicular design speeds.”
3. General Plan Goal to retrofit suburban development P3.6 states the goal to “Integrate more housing choices in existing subdivisions”.
The proposed project conforms to the City of Montebello General Plan Land Use Element as the proposed use will allow the Montebello community to benefit from the addition of the 15 new Single-Family residential homes, providing future Montebello residents with more housing choices in existing residential neighborhoods. The current project site has one home on the lot and the lot size can be utilized for more homes, growing the community. With this increase in housing, it is supporting the General Plan goals by responding to the needs of the community and by reflecting the density standards that are outlined in the housing element of the General Plan.
B. 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:
1. That the proposed design for improvement complies with all requirements of the Montebello Municipal Code;
The 15 proposed units will all have a two-car garage, and heights will not exceed 25 feet, access to all units be via a driveway, the units will
have open space and the setbacks will be landscaped. The applicant is requesting a zone variance from the R-1 standards regarding the minimum required setbacks, lot sizes and the lot coverage percentage per unit. A Site Plan is required due to the project resulting in three or more units according to Section 17.74.030.
2. That the proposed design for improvement is consistent with the general plan; and
The proposed project site is consistent with the general plan and reflects the goals that were set in place when designating certain zoning areas with different housing types. The project site has the capacity for more development and the density is appropriate to the neighborhood and surrounding uses. Similar projects have also been approved in the close vicinity. The current plans are for 15 units with full roads, fire department turn around, and a small park for the residents to enjoy. The zone variance will not cause substantial environmental damage or injure fish or wildlife or their habitat.
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 proposed addition will not have any significant adverse impact on the surrounding properties as the surrounding area is currently developed with an existing single-family unit. The zone variances and subsequent development would not be harmful to the general welfare of the neighborhood, city or create problems for the public health or safety.
It would increase the welfare by first supporting investments, bringing in construction and related jobs, and providing housing to the community.
The current use is R-1 single family residential, and the proposed residential zoning will not change. All the immediate surrounding land uses are consistent with residential housing. The addition of this project will be consistent with the surrounding land uses and will not have an adverse impact on surrounding properties.
C. ZONE VARIANCE. Pursuant to Section 17.72 of the MMC before any zone variance review shall be granted, all of the following findings must be made:
1. Describe the special major unusual circumstance applicable to the subject property, which do not generally apply to other properties in the vicinity and with the same zoning designation.
Unlike other properties in the surrounding neighborhood, the subject site is very large for a single-family home. It is a unique 1.38-acre lot.
There is not another house like it in the neighborhood. Currently, the unit is providing very little benefit to the neighborhood with so much land being underutilized. Without the zone variance request in this application, the applicant believes they would be deprived of maximizing the market value of their property. The increased property values of this new residential development would increase property tax revenues for the City. Further rejection of the zone variance requests would deprive the applicant of privileges enjoyed by other properties in the vicinity under identical zoning classifications by not being able to fully utilize the project site.
i. The lot sizes: This single-family residential lot is special to the neighborhood as there is no other lot in the surrounding area that is the same size, making it difficult to design the homes on such a unique sized lot to optimize the area for each unit, resulting in reduced lot sizes.
ii. Lot coverage: As a result of the lot sizes being smaller than usual, which is not typical, the applicant requests to use as much space as possible causing the lot coverage to be more than usual.
iii. Front setbacks: With the reduced sizes and the lot coverage being above than typically allowed, this unusual case has put the applicant in the position to design the houses in a way that would best benefit the future homeowner. Although the design of the house can allow the applicant to have a larger front yard, the applicant has decided to use the space to allow for a larger private backyard for each of the residents and apply for the zone variance.
2. Detail how due to the special or unusual circumstance a described above, strict application of the Zoning Code would result in practical difficulties or unnecessary hardships, or would deprive the property privileges enjoyed by other properties in the vicinity and with the same zoning designation.
The existing property is in some disrepair, and it is the goal of the applicant to revitalize the lot which would result in the demolition of the
existing house and replacing it with modern housing. The house is currently 85 years old and no longer the best use for a lot that size for the city for housing density. The zoning code does not allow the applicant to best utilize the lot with its unique size the applicant is requesting to optimize their lot, allowing the future homeowners to use as much of their lot as possible.
i. The lot sizes: If the lot sizes were up to standard, there essentially would not be enough room on the lot to
accommodate as many homes as the applicant is requesting.
The applicant is trying to utilize the lot and has retained inspiration from surrounding developments that have similar lot sizes. Without the minimized lot sizes, the project would not be possible.
ii. Lot coverage: If the applicant would design the houses using the Montebello Municipal code requirements, the houses would be extremely small and not suitable for a growing family, which the applicant hopes to house.
iii. Front Setbacks: If the applicant were to abide by the front yard setbacks, the future homeowners would have a large front yard and an extremely small backyard. The applicant decided to utilize the space and provide a larger backyard to optimize the space in the best way.
3. Explain how the Zoning Variance is necessary for the preservation of the substantial property right to allow a reasonable use of the subject property, which is possessed by other properties in the vicinity and with the same zoning designation.
To properly utilize the future lots the applicant is requesting to apply these zone variances to properly utilize the area on the lot and to design each lot to properly maintain the most use out of the project site that is being redeveloped.
i. Lot sizes: The lot sizes being smaller than required allows for more units which gives the applicant a mechanism to provide more housing options to Montebello residents.
ii. Lot Coverage: Being able to build more on each lot provides the units with a bigger house for bigger rooms, kitchen and bathroom areas providing a more comfortable to provide a more attractive home to any future residents.
iii. Front setback: Having a smaller front setback allows the residents to enjoy more space in the backyard of the units which is necessary with many of the new housing developments
having such a small backyard. Although the applicant will take away from the front setback, every unit will also have an attached garage for two cars.
4. Describe how the proposed Zone Variance will not cause an adverse effect on the public welfare or surrounding properties.
The site for the proposed use would not adversely affect the general welfare of the surrounding property owners because the size of the house and the two-story construction is consistent with the majority of the houses in the neighborhood. The property immediately south of the residence, although zoned R-1 single family residential does have three story town homes. There are many other properties in the immediate surroundings with greater densities, assuring this addition will not have any effects on the neighbors or the surrounding area. i. Lot sizes: The variance of lot sizes will not affect the surrounding users as there currently are units in the surrounding area that are similar sizes and have no effect on the
surrounding properties.
ii. Lot coverage: Although the lots will be above the allowed lot coverage, and the lots will be fully built out, every unit will be of a similar design, the consistency will ensure no unit will stand out from the others.
iii. Front setback: Although the lots will have a very small front yard, the units will still each have a two-car garage for the residents. This will help with any concerns regarding the limited driveway that will result from the front setback variance.
5. Describe how the granting of the Zone variance will be consistent with the general plan and intent of the Zoning Code and will not adversely affect the General Plan.
The proposed project provides single family homes in a neighborhood that also has single family units keeping the use consistent with the current zoning and type of development with similar square footage.
The proposed project has been properly notified and will be consistent with the general plan as the project site is has been designated for residential units.
D. TENTATIVE TRACT MAP. Pursuant to Section 16.12 of the MMC before a tentative tract map shall be granted, all of the following findings must be made:
A. Describe how the proposed map is consistent with the General Plan and Specific plans as described in California Government Code Section 65451.
The proposed project that would be allowed through this subdivision would result in over 23,000 square feet of open space and medium cost for 15 families. The zone is consistent with the general plan and provides additional housing in the R1-Zone that is designated for single family housing developments making the project consistent with the general plan.
B. Describe how the design or improvements of the proposed subdivision are consistent with the applicable general and specific plans; The general plan seeks to balance open space with developed space, and to group uses in neighborhoods for mutual enjoyment of the occupants and the residents. The project provides open space and a private park as well as houses for sale. The development will allow the future resident to enjoy quality housing in a safe and secure environment. The development will also allow for modest growth in the city that will benefit business and the school system.
C. Describe how the site is physically suitable for the type of development.
The existing property has been developed as a single-family home since 1938. The house is aging and is in disrepair. Since its original construction, the community has grown around the house, and many of the developments around it have now have much greater density. The combination of the property’s size as well as the denser development around it makes it suitable for this type of housing. The project will have 16 parcels, with 15 single family homes on each separate parcels with a parcel for streets, utilities and a private park which will be owned by all of the homes and managed by a home owners association that will be set upon completion of construction.
D. Describe how the site is physically suitable for the proposed density of the development;
The site is suitable for the proposed density as many of the developments in the surrounding neighborhood also have similar densities and the square footage of the lot can be designed to provide 15 homes. The now underutilized lot will provide housing to Montebello residents.
E. Describe how the design of the subdivision or proposed improvements is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife and their habitat;
The existing house has been built since 1938 as a single-family home, there is no wildlife on the property that can be impacted.
F. Describe how the design of the subdivision or the proposed improvement is not likely to cause serious public health problems;
According to a study conducted by the applicant, the project is estimated to produce less than 113 trips per day including 7 trips during the AM peak hour and 8 during the PM peak hours. The modern construction techniques will be employed for the project with lessen the likelihood of termites and other insects that have the potential of appearing because of the project.
G. Describe how the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; and
The height of the project will not exceed 25 feet in elevation; thus, it will not conflict with any neighbor’s rights with respect to blocking views. The utility easement on the west side of the property for electrical and communication cabling will be maintained.
The utility engineering for the project will likely create or renew utility access for the project location itself as well as for the neighborhood.
H. Describe how the discharge of waste from the proposed subdivision into the existing sewer system would not add to or result in violation of existing water quality control standards.
The Los Angeles County Sanitation District will ensure that the construction of these units will not be of great impact to the sewer systems.
SECTION 3. CEQA. The Planning Commission approves and adopts the CEQA Categorical Exemption § 15332 (In Fill Development) Class 32 exemption. A Class 32 exemption under CEQA § 15332 (In-Fill Development Projects), and none of the limitations set forth in CEQA Guidelines 15300.2 apply.
In order to qualify under an exemption pursuant to Class 32 of CEQA Guidelines Section 15332 (In Fill Development Projects), the following environmental findings must also be made:
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
The proposed project conforms to the Montebello General Plan, Land Use Element in that the General Plan Land Use designation for the site for the R-1 (Single - Family Residential) zoning designation.
b. The proposed development occurs within the city limits on a project site of no more than five (5) acres substantially surrounded by urban uses.
The proposed development shall occur on a 60,101 square-foot (1.38 acres) lot located on Jacmar Drive within city limits and thus, is less than the maximum five acres specified in Section 15332(b) for this exemption. The site is surrounded by existing developed industrial properties.
c. The project has no value as habitat for endangered, rare or threatened species.
The proposed project is currently developed with an existing single family home. The subject property is surrounded by additional housing developments and is consistent with the land use designation.
d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
The proposed project shall not have any significant effects relating to traffic, noise, air quality, or water quality as the site is currently developed with an existing residential unit.
e. The site can be adequately served by all required utilities and public services.
The project has been reviewed by City staff and it has been determined that it can be adequately served by all required utilities and public services.
SECTION 4. APPROVALS. The Planning Commission hereby approves Site Plan Review (“SPR”) Case No. PC-2024-0002-SPR/ZV?TTM with conditions to permit the addition of a 20,000 square foot warehouse to an existing warehouse. (“Project”) for John Mark Kozakar (“Applicant”) on behalf of William M. Molinari (“Property Owner”) at the property located at 301 Jacmar Drive (“Project Site”) pursuant to MMC Chapter 17.74 – Site Plan Review, Chapter 17.72- Variances and, Chapter 16.12- Tentative Maps.
SECTION 5. CONDITIONS. The Planning Commission finds that the foregoing conditions of approval are necessary and appropriate:
A. Planning Division Conditions
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 and utilization of the subject site shall conform to the allowed use, except as provided for herein and by subsequent revisions found by the Director of Planning and Community Development (“Director”) to be in substantial compliance with these provisions.
3. The development and utilization of the subject site shall be consistent with all of the provisions of the MMC, SPR, ZV and TTM (Case No. PC-2024-0002- SPR/ZV/TTM) and the specifications of the Planning Division.
4. Within thirty (30) days of the City 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.
5. In the event the Applicant violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals, or certificate of occupancy shall be issued until such violation(s) have been fully remedied.
6. No signs shall be installed on the site until a sign permit has been approved by the Planning Department and Building & Safety Division in conformance with the provisions set forth in Chapter 17.62.080 (“Signs- Residential
Zones”) of the MMC and the provisions set forth in the SPR.
7. The approval of the entitlement shall expire if the rights granted are not exercised within one (1) year from the SPR’s effective date. Exercise of right shall mean issuance of a building permit to commence construction or similar activities demonstrating the intent to proceed with the project, as determined by the director.
8. The 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.(Case No. PC-2024-0002-SPR/ZV/TTM)
9. The Applicant or successor in interest shall meet the applicable code requirements and all other City Department regulations.
10. 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.
11. The property owner 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.
12. 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 Planning Commission at a noticed public hearing.
13. This approval shall not supersede the approval of any other responsible agencies. The Applicant shall comply with all Federal, State and local laws.
14. The approval of this SPR (Case No. PC-2024-0002-SPR/ZV/TTM) can be extended up to and not to exceed an additional two (2) years with a written request by the property owner thirty (30) days prior to the expiration date stating the reason and need for an extension and upon review and approval by the Director.
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. The development and utilization of the site shall comply with all the provisions of all of the current Building, Plumbing, Mechanical, Electrical Codes, and City Ordinances, as well as additional requirements from the Montebello
Building and Safety Division.
17. The development and utilization of the site shall be subject to the review and approval of the Building Department. Additional Montebello Public Works Department requirements may be required prior to issuing building permits.
18. The development and utilization of the site shall comply with all the provisions of all of the California Fire Code, International Fire Code, and National Fire Protection Association standards as well as additional requirements from the Montebello Fire Department.
19. Modification to Plans. Subsequent modification to this approval, which do not intensify the use, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, necessity of, and timing, may be approved by the Director within a 25% deviation, unless the Director requires a Substantial Conformance or revised Permit application in accordance with the City Development Code.
20. 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.
21. The applicant shall submit detailed landscape and irrigation plans prepared by a licensed Landscape Architect, which meet the requirements set forth in MMC shall be required as a part of the project Plan Check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits.
22. 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.
23. It is the responsibility of the property owner to have all graffiti on the site removed within twenty-four (24) hours of its appearance, or be subject to citation from the City Code Enforcement Division.
24. All improvements to the subject property shall be in compliance with all City Ordinances.
25. 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.
26. The street shall be swept at the end of the day if visible soil material is carried onto adjacent public paved roads.
27. 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.
28. An application for a Tentative Tract Map to subdivide the lots into 16 separate units, and a final map shall be approved prior to the issuance of building permits.
29. The specifications of the Montebello Public Works Department and the Building Division shall be complied with:
The Applicant will continue to work with the Building Department to finalize the certification of the Tract Map and will, upon request, provide the Building Department with any additional information or documentation required.
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.
33. All existing and proposed utilities (Gas, Electricity, Communications, etc.) shall be placed underground. The applicant shall reflect this requirement on plans submitted for “Plan Check”.
34. 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.
35. Any inevitable exposed wires shall be neatly bolted and painted to match the building color.
36. The exterior of all structures and walls shall be a neutral color scheme and shall be consistent with the provisions of the Color Ordinance of the City of Montebello, subject to the review and approval of the Planning Department.
37.Any substantial change or modification to the proposed site plan shall be subject to review and approval by the Planning Commission.
Building Division Conditions
1. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check.
2. Plans prepared in compliance with the current Building Code shall be submitted to Building Division for review prior permit issuance.
3. School Developmental Fees shall be paid to School District prior to the issuance of the building permit.
4. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit.
5. Applicant shall submit a site plan with proposed addressing and file an address assignment application with the City.
6. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect.
7. Structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided.
8. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following:
9. a) Observation of cleared areas and benches prepared to receive fill;
10.b) Observation of the removal of all unsuitable soils and other materials;
11.c) The approval of soils to be used as fill material;
12.d) Inspection of compaction and placement of fill;
13.e) The testing of compacted fills; and
14.f) The inspection of review of drainage devices.
15.The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by other soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the City, a new Preliminary Soils and/or Geotechnical Investigation.
16.The property shall be surveyed, and the boundaries marked by a land surveyor licensed by the State of California.
17.Foundation inspection will not be made until the excavation has been surveyed and the setbacks determined to be in accordance with the approved plans by a land surveyor licensed by the State of California. THIS NOTE IS
TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT
LOCATION.
18.Separate application and plan review is required for Electrical plans showing the electrical system design serving all proposed units.
19.Separate application and plan review is required for Plumbing plans showing the utility, including but not limited to water, sewer, and gas lines, design servicing all proposed units.
20. Project shall comply with the CalGreen Residential mandatory requirements.
21.No form work or other construction materials will be permitted to encroach into adjacent property without written approval of the affected property owner.
22.Demolition permit is required for any existing buildings, including but not limited to a pool and a detached storage shed, which are to be demolished.
23.Separate building permit is required for the perimeter block wall/fence.
24.All fire sprinkler hangers must be designed, and their location approved by an engineer or an architect. Calculations must be provided indicating that the hangers are designed to carry the tributary weight of the water filled pipe plus a 250-pound point load. A plan indication this information must be stamped by the engineer or the architect and submitted for approval prior to issuance of the building permit.
25.A separate permit is required for Fire Sprinklers.
26.Building permits shall not be issued until the final map has been prepared to the satisfaction of the Building Official.
27.Reviewed by: Building Division/AJ/JK
28.JN: 240081
29.DATE: 1/29/2024
Public Works Department
The following conditions and public improvements will be required to be performed and completed in an acceptable manner to the City in accordance with all applicable rules and laws. Federal, State, County and local laws and regulations for project implementation must be adhere to throughout the duration of the project. The Public Works Department may require other information or may impose additional conditions and requirements as deemed necessary to protect public health and safety.
General:
1) Onsite Groundwater Monitoring Wells, including legally removed, permanent, temporary and active wells, must be depicted on all site plans, grading plans and all other relevant plans. Include a legend that demonstrates ownership, date installed, and type of monitoring well and all other relevant information.
2) Provide Tentative Tract Map which incorporates the adopted conditions of approval and any specific criteria noted by the city. The tentative map must also show existing drainage patterns of all properties adjacent to the site, including relevant topographic elevations from the adjacent properties.
3) Provide demolition plan for existing buildings and pavement. Show utilities to be capped and abandoned at the property lines.
4) Comply with the City’s ordinance pertaining to construction debris recycling.
Contact the Building & Safety Department to obtain a Construction & Demolition Debris Diversion Program form. The Construction & Demolition Debris Diversion Program is also applicable with respect to the grading process.
5) Provide Grading and drainage plans, geotechnical report (the report shall provide recommendations for pavement thicknesses, over excavation limits, and etc), infiltration report, and all other applicable reports/plans must be submitted to the Community Development Department for review and approval.
6) Provide a hydrology and hydraulics report prepared by a professional engineer subject to review and approval. All storm drainage facilities serving the development must accommodate a 50-year storm.
7) Provide an on-site utility plan (sewer and water) for review and approval. This plan must include water service for domestic flow, fire flow, and backflow prevention. A water and sewer system analysis must be provided by the developer to demonstrate that the new development does not negatively impact the existing system. If the existing system does not have adequate pressure and fire flow to serve the development, the developer will be responsible for upgrading the water main and sewer as necessary in the public right-of-way.
8) Engineer to show the location of the sewer mainline, nearest manholes, lateral serving the project and configuration of the onsite sewer including diameter and material of the onsite sewer.
9) Engineer to show the location of the water mainline, water meters servicing the development and any newly proposed water meter locations. 10) Engineer to show will serve letter from the water purveyor. 11) Engineer to submit sewer study.
12) Provide a street improvement plan. The street improvement must pavement rehabilitation (2-inch grinding and overlay) along the entire property frontage and up to the street centerline.
13) All public works improvements must comply with the standards and specifications of the city of Montebello or Los Angeles County.
14) Low Impact Development (LID) is a requirement of the NPDES Permit No.
CAS004004, Order No. ORDER NO. R4-2021-0105 and local Ordinances. The LID is a narrative report that explains the type of development and drainage of the site. It must address the post-construction water quality and habitat impact issues. 15) Provide and submit SWPPP and pay the fee to the State of California Water Quality Board then submit SWPPP with WDID# to the city. 16) A recorded Covenant and Agreement indicating that the owner of the subject development is aware and agrees to maintain all stormwater BMP features for this project is required. The covenant shall include operation and maintenance guidelines prepared by the project civil engineer/architect.
17) The Engineering Division issues all encroachment/excavation permits in the public right-of-way. Permits are issued to valid State of California licensed contractors to perform the necessary work.
18) Alternative engineering methods for filtration and infiltration must be used to defray a percentage of the storm water runoff into the storm drain system.
19) Comply with all Federal, State, and local agency requirements pertaining to the Clean Water Act, which established regulations, set forth in the Countywide National Pollutant Discharge Elimination System (NPDES) Permit.
21) All USA/Dig Alert paint markings must be removed by the contractor from the sidewalk, curb & gutter and/or asphalt pavement once offsite improvements are completed.
22) The applicant must record the Final Map after the City Council approves the final map and the City Council accepts any applicable bonds or agreements. 23) The applicant/ property owner must provide written proof that there are no liens against the subdivision for unpaid taxes or special assessments and submit Los Angeles County tax bill, tax payment receipt, and copy of cancelled check before filling a Final Map with the city for approval.
24) Covenants Conditions & Restrictions (CC&R) conforming to these conditions of approval must be filed for approval. The CC&R must be approved as to form by the City Attorney; the applicant must pay for all costs associated with such review. A copy of the approved recorded CC&R must be submitted before final inspection and clearance of the building permit.
25) The City Engineer may require other information or may impose additional conditions and requirements as deemed necessary to protect health and safety, and to benefit the public.
Fire Department
1) Fire flow analysis showing the existing infrastructure meets/exceeds the 2022 Edition California Fire Code, Appendix B/BB.
2) The development shall comply with all applicable provisions of the California Fire Code, referenced NFPA standards, and local ordinances. 3) Additional requirements may be added during the plan check process, if applicable.
PASSED AND ADOPTED this 4th day of June 2024 by the Planning Commission.
Commissioner Cuevas: ( ) AYE ( ) NOE ( ) ABSENT ( ) ABSTAIN Commissioner Morales: ( ) AYE ( ) NOE ( ) ABSENT ( ) ABSTAIN Commissioner Valdez: ( ) AYE ( ) NOE ( ) ABSENT ( ) ABSTAIN Commissioner Lomeli: ( ) AYE ( ) NOE ( ) ABSENT ( ) ABSTAIN Commissioner Medina: ( ) AYE ( ) NOE ( ) ABSENT ( ) ABSTAIN ______________________________
Alicia Morales, Chair
ATTEST:
____________________________________
Joseph A. Palombi, Director
Planning & Community Development Department
CITY OF MONTEBELLO CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of Montebello City Council (the “City Council”) will hold a continued public hearing from its meeting held on August 14, 2024, to consider an appeal submitted by Mr. William Molinari (the “Applicant”) of the decision of the Planning Commission on July 16, 2024, to deny Resolution No. 07- 24/Case No. PC-2024-0002-SPR/ZV/TTM that would establish a development diagram in accordance with Vesting Tentative Tract Map (“VTTM”) No. 084478 to allow 15 new single-family residential dwelling units for the property located at 301 Jacmar Drive, Montebello, California 90640.
PUBLIC HEARING INFORMATION FOR THE APPEAL:
Date: Wednesday, March 26, 2025
Time: 6:00 p.m., or as soon as possible thereafter as the matter can be heard Place: City Hall Council Chambers, 1600 W. Beverly Blvd., Montebello, CA 90640 PROJECT DESCRIPTION AND LOCATION: The Applicant seeks Site Plan Review approval and related zone variances to accommodate the construction of 15 single-family residential dwelling units, including the subdivision of an existing improved property located at 301 Jacmar Drive within the City of Montebello. The subject property is comprised of a total lot area of approximately 60,101 square feet (1.38 acres). The Applicant also seeks approval of VTTM No. 084478. Pursuant to Montebello Municipal Code (“MMC”) Section 17.74.030, a Site Plan Review is required for all residential projects resulting in three or more dwelling units. Additionally, the Applicant requests approval of a zone variance for reduced lot sizes, setbacks, and lot coverage for each proposed lot, pursuant to MMC Chapter 17.72 et seq. (Variances).
ENVIRONMENTAL: The proposal is considered a “Project” and is categorically exempt under the California Environmental Quality Act (CEQA) Section 15332 – Class 32 (In-Fill Development) and meets the conditions set forth under Class 32 (In-Fill Development Projects).
For those interested in participating in-person during the public comments period or public testimony period for public hearings, you may address the City Council in-person the day of the meeting. Speakers will be required to fill out a speaker card provided during this meeting and turn it into the City Clerk or a staff designee prior to each public comment announcement period. Each speaker card will be called in the order received.
The public may also submit emailed comments via the City’s email address:
[email protected] where the public can submit public comments up until the day of the meeting, Wednesday, March 26, 2025 between 7:30 a.m. – 6:00 p.m.. These comments will not be read out loud but will be entered into the record and submitted to all members of the City Council.
If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing.
The project documents and other materials are available by contacting the City Clerk’s Office at 323-887-1359. _____________________________________
Kimberly Guillen, Sr. Deputy City Clerk
Dated: March 10, 2025
Date published: March 13, 2025
ATTACHMENT F
INDEX OF PUBLIC SPEAKERS FOR THE CITY OF MONTEBELLO CITY COUNCIL MEETING HELD ON AUGUST 14, 2021 – ITEM NO. 13 REGARDING 301 JACMAR DRIVE, MONTEBELLO, CA 90640
LAST NAME FIRST NAME ADDRESS WRITTEN/VERBAL IN SUPPORT/OPPOSED Masuda-Farkas Max - Written Support
Uch Tom - Written Opposed
Sergi Giovanni - Written Opposed
Sandoval Delia - Written Opposed
Caranza Maximiliano - Written Opposed
Lozano Manuel - Written Opposed
Gonzalez Sara - Written Opposed
Veloz Edmund Robert 907 Bluff Road,
Montebello CA 90640
Written Opposed
Martinez Jorge 808 S. Montebello
Blvd., Montebello CA
90640
Written Opposed
Parra Joel 744 S. 6th Street,
Montebello CA 90640
Written No Show
Hurtado Dionisia 306 Jacmar Drive,
Montebello CA 90640
Written Opposed
Sotelo Brissa - Written Opposed
Gregorian Tila - Verbal In Support
Riveros Pablos - Verbal Opposed
Sandoval Ramiro - Verbal Opposed
Sanchez Joseph - Verbal Opposed
Infusino Luisa - Written Opposed
301 Jacmar Drive
Index of: Public Comments/ Letters / Speaker Cards Received from June 3, 2024 – August 5, 2024 Number Name Opposed/
Support
Date Received Form
#1 15 Speaker Cards -- July 16, 2024 Public Hearing
#2 Edmund Veloz Opposed June 18, 2024 Planning Counter
#3 10 Speaker Cards -- June 18, 2024 Public Hearing
#4 Kevin Smith Opposed June 18, 2024 Email
#5 13 Speaker Cards -- June 4, 2024 Public Hearing
#6 Richard Farber Opposed June 5, 2024 Mail
#7 Brissa Sotelo Opposed June 4, 2024 Emailed
#8 Edmund Veloz Opposed June 4, 2024 Planning Counter
#9 Kevin Smith Support June 4, 2024 Email
#10 Alexandria and Tom Uch Opposed June 4, 2024 Email
#11 Connie Soto Opposed June 3, 2024 Email
INDEX OF PUBLIC SPEAKERS FOR THE CITY OF MONTEBELLO PLANNING COMMISSION MEETING HELD ON JUNE 16, 2024 – ITEM NO. 5 REGARDING 301 JACMAR DRIVE, MONTEBELLO, CA 90640
LAST NAME FIRST NAME ADDRESS POSITION
Molinari William 301 Jacmar Drive,
Montebello, CA, 90640
Applicant/Support
Masuda-Farkas Max -- Support
Uch Tom -- Opposed
Caranza Maximiliano -- Opposed
Sotelo Brissa -- Opposed
Salazar Larry -- Support
Torres Rosemary 1424 s 4th st.
Montebello CA 90640
Support
Hurtado Diomsia -- Opposed
Hurtado Jesse -- Opposed
Veloz Edmund Robert P.O. Box 2307
Pico Rivera, CA 90662
Opposed
Sandoval Ramiro 1245 S Bluff Road,
Montebello, CA 90640
Opposed
Martinez Jorge 808 S Montebello
Montebello CA 90640
Opposed
Guzman Grace 855 Marino
Montebello CA 90640
Opposed
Zapata Olga -- Opposed
Mobbis David -- Opposed
INDEX OF PUBLIC SPEAKERS FOR THE CITY OF MONTEBELLO PLANNING COMMISSION MEETING HELD ON JUNE 18, 2024 – ITEM NO. 5 REGARDING 301 JACMAR DRIVE, MONTEBELLO, CA 90640
LAST NAME FIRST NAME ADDRESS POSITION
Masuda-Farkas Max -- Support
Torres Mike 1424 S 4th Street Support
Torres Rosemary 1424 S 4th Street Support
Molinari William 301 Jacmar Drive
Montebello, CA 90640
Applicant/Support
Gonzalez Daniel -- Support
Salazar Larry -- Support
Sandoval Ramiro 1245 S Bluff Road,
Montebello, CA 90640
Opposed
Uch Tom -- Opposed
Veloz Edmund Robert P.O. Box 2307
Pico Rivera, CA 90662
Opposed
Sotelo Brissa -- Opposed
file:///C|/Users/efernandez/OneDrive%20-%20City%20of%20Montebello/Documents/kevin2.htm[8/5/2024 2:18:58 PM] From:kevin smith <[email protected]>
Sent:Tuesday, June 18, 2024 12:28 PM
To:comment, pcpublic
Subject:[External Email] Continued Public Hearing on 301 Jacmar Drive External Sender - From: (kevin smith <[email protected]>) This message came from outside your organization.
Hello,
I am once again writing to encourage the approval of the Zone Variance and Tentative Tract Map at 301 Jacmar Drive (Case No. PC-2024-0002-SPR/ZV/TTM). This proposal turns 1 unit into 16 housing units, providing an extra 15 units for prospective home buyers in Montebello. These are home buyers who are no longer competing with our children, loved ones, and friends who are attempting to live in the city.
Unlike many attending these meetings, I didn't grow up in Montebello. I actually grew up over in Los Alamitos. I met my wife at college, and she took me to her hometown of Montebello. I immediately fell in love - both with her, and with the city. It was difficult to afford a house here, but we managed. Since we purchased a house, prices have skyrocketed. None of my wife's siblings are able to afford a house here anymore, and are at risk of being forced out. We worry what about what will happen to our children. I'm sure a lot of you have similar stories about young adults struggling to stay here due to skyrocketing prices. The only solution here is to build enough housing to accommodate our kids. That's what this project allows us to do: increase the housing supply in Montebello, so we can all afford to stay here. I can cite study after study showing this effect, but we're all smart people here, and I think everyone here is able to intuitively understand what's happening here.
A lot of you are concerned about parking, and I get it. Parking in south Montebello is a mess. It's worth remembering, though, that we are in a housing crisis here. A crisis that demands immediate action. And while there is a parking shortage, it's also true that each house has its own private garage, which can be used. And it's also true that the parking space in front of the house is owned by the city, not by the resident.
Beyond this, it's worth remembering that we are paying for a $40 million bus line less than a mile from the site. Beyond that, we are hard at work building an E line extension, which will include a station 0.6 miles away from this location! I beg of you, believe in our public transit spending, believe in the data, and do the right thing for our children.
Thank you for your consideration,
Kevin Smith
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
INDEX OF PUBLIC SPEAKERS FOR THE CITY OF MONTEBELLO PLANNING COMMISSION MEETING HELD ON JUNE 4, 2024 – ITEM NO. 5 REGARDING 301 JACMAR DRIVE, MONTEBELLO, CA 90640
LAST NAME FIRST NAME ADDRESS POSITION
Andrade Arlene 901 S. Bluff Road
Montebello, CA 90640
Opposed
Cajera Gloria 857 S. 6th Street
Montebello, CA 90640
Opposed
Caranza Maximiliano -- Opposed
Cortez Pedro 312 Jacmar Drive
Montebello, CA 90640
Opposed
Gonzalez Daniel -- Support
Hurtado Dionisia -- Opposed
Molinari Bill 301 Jacmar Drive
Montebello, CA 90640
Applicant/Support
Salazar Larry -- Support
Sengi Giovanni -- Opposed
Stokes Stephen 2448 W. Via Lucia
Montebello, CA 90640
Support
Uch Tom 841 3rd Street
Montebello, CA 90640
Opposed
Veloz Edmund Robert P.O. Box 2307
Pico Rivera, CA 90662
Opposed
Zaragoza Jeronimo C. 813 S. 4th Street
Montebello, CA 90640
Opposed [Time Yielded to Mr. Veloz]
file:///C|/Users/efernandez/OneDrive%20-%20City%20of%20Montebello/Documents/brissa.htm[8/5/2024 2:08:08 PM] From:Brissa Sotelo <[email protected]>
Sent:Tuesday, June 4, 2024 6:50 PM
To:[email protected]; Alvarez, Raul; Jimenez, Angie; Palombi, Joseph; comment, pcpublic Subject:[External Email] Planning Commission Item #5 Case No. PC-2024-0002-SPR/ZV/TTM (301 Jacmar) External Sender - From: (Brissa Sotelo <[email protected]>) This message came from outside your organization.
To: Planning Commissioners, Rep of Council District 5 and City Administrators, Re: Item #5 on Planning Commision Agenda for June 4th
While I could not attend today’s planning commission meeting, and this note is beyond the 6PM public comment electronic submittal deadline this does not change my comment for such item.
The property at 301 Jacmar has been a very contentious issue for the neighbors and residents of the south part of District 5, specifically because this has been brought to question several times within the city before past council body members.
I would like to request that all the members that submitted testimony and concerns ( during council meetings and public open meetings by developers) over the last 3 years be approached in an open forum before this item is considered in planning.This means having an open forum meeting that explains intentions at full length without a timer to understand the owner and developer’s intentions and express concerns as well as trying to find a balance for all. Given that this has been a hot item for this community it is concerning that no outreach or communication was done to the group of concerned citizens. The communication should have been done by the city ( which would have had public record of all past concerns with the proposals to change zoning), the owner, developer and the representative of the 5th district. At this time-none of that has been done other than a public posting. If you want this city to work together you and least need to hear the concerns prior to setting this up 72 hours before a meeting. You can achieve a lot when you built trust and listen.
Thank you for taking your time to dedicate your public service at our planning commission and for taking my comment into consideration.
Brissa Sotelo
Resident of the 5th District
1233 S. Bluff Rd Montebello
(323) 377-6091
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
file:///C|/Users/efernandez/OneDrive%20-%20City%20of%20Montebello/Documents/kevin.htm[8/5/2024 2:06:44 PM] From:kevin smith <[email protected]>
Sent:Tuesday, June 4, 2024 4:09 PM
To:comment, pcpublic
Subject:[External Email] Public Comment for Planning Commission Meeting Item #5 External Sender - From: (kevin smith <[email protected]>) This message came from outside your organization.
Hello,
Unfortunately due to my work schedule, I am unable to attend the meeting and make this comment in person. However, I wanted to urge you to support the Zone Variance and adopt Resolution No. 07-24 Approving the Site Plan Review Zone Variance No. PC-2024-0002-SPR/ZV/TTM.
We are currently in a housing crisis. The rents are so high, longtime residents of the city are being squeezed out and forced to leave. I have personally witnessed it, and I'm sure you (the reader of this email) has as well. Not only that, but high rents are also associated with an increase in homelessness. However, there is a well established fix for this problem of high housing costs.
New apartment buildings in low-income areas decrease nearby rents. More specifically, evidence shows that within 500 ft, for every 10% increase in the housing stock, rents decrease by 1%; and for every 10% increase in the condo stock, condo sales prices decrease by 0.9%. Further, another study shows that new buildings decrease rents in nearby units by about 6% relative to units slightly farther away or near sites developed later. Many people fear the construction of luxury housing, but it turns out that new construction makes homes more affordable—even for those who can't afford the new units.
The best thing about this fix is that it won't cost the city a dime. In fact, city profits are likely to increase with the increase in property tax. All we need to do is to allow property owners to build housing on their property.
That is exactly what Item Number 5 is about. While there may be fears of traffic and parking, these complications are ultimately much simpler to deal with than the current housing and homelessness crisis we are facing. I urge you to do the right thing - for our people, for the environment, and for the city's finances.
For more information on this, I recommend you read Strong Towns by Charles Marohn, Green Metropolis by David Owen, and Arbitrary Lines by David Owen. I would also recommend Paved Paradise by Henry Grabar, for more reading on the parking problem (also The High Cost of Free Parking by Donald Shoup).
With respect,
Kevin Smith
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
file:///C|/Users/efernandez/OneDrive%20-%20City%20of%20Montebello/Documents/tom.htm[8/5/2024 2:05:22 PM] From:[email protected]
Sent:Tuesday, June 4, 2024 3:28 PM
To:Fernandez, Emilie
Cc:[email protected]
Subject:Re: [External Email] Case # PC-2024-0002-SPR-ZV-TTM/ENV No. 02-24-CE Attachments:img508.jpg; img509.jpg
External Sender - From: ("[email protected]"
<[email protected]>)
This message came from outside your organization.
Good afternoon Emilie,
Thank you for your reply.
Wife and I read have read and analyzed the proposed project.
We would object to it as it is proposed.
We share the concerns and objections as described by our neighbor Edmond Veloz whose letter is attached herewith.
Thank you again
Sincerely,
Alexandria & Tom Uch
841 S 3rd Street
I have attached the staff report and site plan. Please let me know if you have questions on the proposed project.
For future reference or if you would like to review additional materials related to the project, please visit www.montebelloca.gov Departments - Planning and Community Development - Planning Commission – Agenda Minutes and Videos (Click Here) – June 4, 2024- Agenda Packet. The project for 301 Jacmar is the last item on the Agenda. Please let me know if you have any problems navigating the website or have any questions regarding the project.
Thank you,
Emilie Fernandez
Assistant Planner
Planning and Community Development
Department
1600 W Beverly Blvd., Montebello, CA 90640
p: 323-887-1200 x1480
w: www.MontebelloCA.gov
e: [email protected]
file:///C|/...nal%20Email%20301%20JACMAR%20DRIVE%20MONTEBELLO%20(%2015%20RESIDENTIAL%20UNITS%20).htm[8/5/2024 2:00:07 PM] From:Connie Soto <[email protected]>
Sent:Monday, June 3, 2024 2:04 PM
To:comment, pcpublic
Subject:[External Email] 301 JACMAR DRIVE, MONTEBELLO ( 15 RESIDENTIAL UNITS ) External Sender - From: (Connie Soto <[email protected]>) This message came from outside your organization.
To the City Council,
My name is Concepcion Tapia, my house backs up to 301 Jacmar.
I do not support the proposed project of 15 residential units or 16 Legal lots and strongly ask that you disapprove. My privacy will be invaded, the Eagle's home will be destroyed, and it will get noisier! South Montebello needs improvements, not increasing population overcrowding or additional traffic.
On Bluff RD traffic is already a problem and if units are approved it will get worse.
So I ask that you reject this zone change.
Thank you for your time.
Connie
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
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Willim M. Molinari and M. Antonieta Molinari October 22, 2023 April 5, 2024
NW cor of Lot 103
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SURVEYORS' STATEMENT COUNTY SURVEYORS' STATEMENT
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The purpose of this survey is to satisfy the requirements of Section 8762 of the Professional Land Surveyors' Act.
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BEING A SUBDIVISION OF LOT 103 OF EL CARMEL TRACT, IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, AS RECORDED IN BOOK 7 PAGES 134 AND 135 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF COUNTY OF LOS ANGELES.
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Notice of CEQA Exemption
City of Montebello 1
To:
County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:
City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.
Montebello, CA 90640
Lead Agency: City of Montebello Planning and Community Development Department Project Title: Site Plan Review, Zone Variance and Tentative Tract Map to allow the demolition of the existing single family residential unit and construction of 15 new units on 16 separate parcels.
Project Location: 301 Jacmar Drive, Montebello, CA 90640 Case Number(s): PC-2024-0002-SPR/ZV/TTM & ENV No. 02-24-CE Description of Nature, Purpose, and Beneficiaries of Project: Site Plan Review (“SPR”) Zone Variance (“ZV”) and Tentative Tract Map (“TTM”) Case No. PC-2024-0002-SPR/ZV/TTM to allow the construction of 15 new single-family homes on 16 separate lots at 301 Jacmar Drive (“Project Site”).
Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: John Mark Kozakar behalf of William Molinari and Antonieta Molinari, (“Property Owner”)
Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: Class 32- CEQA Guidelines Section 15332 (In-Fill Development)
Statutory Exemptions. State code number:
Justification for Project Exemption:
The Project is Categorically Exempt per §15332 - Class 32 (In-Fill Development), as none of the limitations set forth in CEQA Guidelines 15300.2 apply. To qualify under an exemption pursuant to Class 32 of Section § 15332 (In Fill Development Projects), the following environmental findings must also be made. The project is consistent with the General Plan as well as applicable zoning designation and regulations being in the R-1 zone with various permitted uses, the Project occurs within City limits and is on a project site of no more than five (5) acres, and the Project Site has no value as habitat for endangered, rare, or threatened species because it is on an existing developed site. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality and the site can be adequately served by all required utilities and public services.
Lead Agency Contact Person: Joseph A. Palombi, Director of Planning & Community Development Area Code/Telephone/Extension: (323) 887-1200
If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.
Signature: ____________________________ Date: ______________ Title: _______________________ Signed by Lead Agency Signed by Applicant
EXHIBIT D
ITEM # 5
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NOS. 4286 AND 4287 WITH OFFICE SOLUTIONS BUSINESS PRODUCTS & SERVICES
LLC AND MOHAWK CARPET DISTRIBUTION, LLC RESPECTIVELY
TO PURCHASE AND INSTALL UPGRADED WORKSTATIONS AND
FLOORING
DATE: March 26, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4286, with Office Solutions Business Products & Services, LLC (dba Bluespace Interiors), utilizing the Sourcewell Cooperative Purchasing Program (Sourcewell) Contract No. 091423- TKN, to purchase and install upgraded workstations for Public Works and Human Resources for a total not-to-exceed amount of $121,527; and
2. Approve Professional Services Agreement, No. 4287 with Mohawk Carpet Distribution, LLC utilizing Sourcewell Contract No. 061323-MCD to purchase and install flooring for segments of City Hall West for a total not-to-exceed amount of $40,173; and
3. Authorize the City Manager to execute the agreements and approve change orders for up to ten percent (10%) of the total compensation amount for each proposed agreement; and
4. Amend the Fiscal Year 2024-25 Budget by increasing appropriations by $80,000 in Account No. 100-30-510-6083 (General Fund, Public Works, Government Building Maintenance, Furniture and Fixtures Purchases); and,
5. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The total cost for upgrading and installing workstations and flooring is $177,870, which
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
includes a 10% contingency. However, the adopted Fiscal Year 2024-25 budget did not fully allocate the necessary funds for this project. As a result, a budget amendment will be required to cover the total cost of this project.
Staff recommend amending the Fiscal Year 2024-25 Budget by increasing appropriations by $80,000 in Account No. 100-30-510-6083 (General Fund, Public Works, Government Building Maintenance, Furniture and Fixtures Purchases) to accommodate expenditures for this project.
Additionally, staff request authorization for the City Manager to execute all contract change orders, provided they are approved and negotiated in good faith by the Director of Public Works. A summary of the expenditures is shown in the table below:
Contractor Project Cost 10% Contingency Total Expenditure Bluespace Interiors $ 121,527 $ 12,153 $ 133,680
Mohawk $ 40,173 $ 4,017 $ 44,190
GRAND TOTAL $ 177,870
BACKGROUND/DISCUSSION:
The existing office workstations and flooring in the Public Works Department in City Hall are outdated, dilapidated, not ADA compliant, do not meet current ergonomic standards and no longer meet the functional needs of the department. These workstations and flooring have exceeded their useful life. The proposed upgrades aim to optimize the limited office space available by introducing ergonomic workstations that improve both comfort and functionality. In addition, the new layout will accommodate a growing workforce and support enhanced productivity. New workstations and flooring will not only meet the department’s current demands, but will also improve the overall work environment. This modernization is expected to contribute to the department’s efficiency, morale, and long-term success.
Over the years, Bluespace Interiors and Mohawk have provided exceptional service and products to other City departments, including Administration, Fire, Finance, Police, Recreation, Community Development, and Transportation. Their work has consistently improved the workforce’s comfort, efficiency, and productivity. Based on this track record, the City has decided to proceed with these vendors for the current project.
The City intends to utilize Sourcewell Contracts No. 091423-TKN and No. 061323-MCD as the approved procurement process, in accordance with Montebello Municipal Code (MMC) Section 3.20.050(F) Cooperative Purchase. Sourcewell offers a cooperative purchasing model, which ensures competitive solicitations that meet or exceed local requirements. This is demonstrated through Sourcewell's Request for Proposals (RFPs), as outlined in RFP #061323 (Attachment C) and RFP #091423 (Attachment D). This streamlined procurement process will save valuable time, money, and resources for the City. As a government agency, the City is eligible to take advantage of Sourcewell's
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 26, 2025
cooperative contracts, ensuring both compliance and cost-effectiveness throughout the procurement process.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend approving Professional Services Agreement No. 4286 with Office Solutions Business Products & Services, LLC (dba Bluespace Interiors) to purchase, install, and upgrade workstations for Public Works and Human Resources; and approve Professional Services Agreement No. 4287 with Mohawk Carpet Distribution, LLC to purchase and install flooring for segments of the West Wing of City Hall — both of which are Sourcewell Contracts per Montebello Municipal Code Section 3.20.050(F); and authorize the City Manager to execute the agreements and approve change orders for up to ten percent (10%) of the total compensation amount for each proposed agreement.
ATTACHMENT(S)
1. Attachment A - PSA No. 4286 Bluespace
2. Attachment B - PSA No. 4287 Mohawk
3. Attachment C - RFP #061323
4. Attachment D - RFP #091423
ATTACHMENT A
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4286
WITH OFFICE SOLUTIONS BUSINESS PRODUCTS & SERVICES, LLC dba BLUESPACE INTERIORS
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on March 26, 2025 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and Office Solutions Business Products & Services, LLC dba Bluespace Interiors, a California limited liability company (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a company to provide furniture solutions with related accessories and services to the CITY; and WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
WHEREAS, CONTRACTOR’s services were procured through a
cooperative purchasing agreement through Sourcewell (“Cooperative Purchasing Agency”) which requires that the CITY be provided equivalent, or more favorable terms or pricing than the minimum requirements of the contract with the Cooperative Purchasing Agency.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
1. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
2. Contractor’s Proposal
3. Sourcewell Contract No. 091423-TKN
4. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
PROFESSIONAL SERVICES AGREEMENT NO. 4286
a. All terms, conditions, requirements, and provisions of the Contract Documents are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. However, any conflict between the Cooperative Purchasing Agency’s Contract and this Agreement, the more favorable term to the City shall control.
b. The CONTRACTOR shall provide to the CITY all labor, equipment, materials and incidental necessary to provide the services as set forth fully in Contractor’s Proposal, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”). c. The CONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”).
The CONTRACTOR shall provide an itemized billing statement to the CITY. The CONTRACTOR shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon the Effective Date of this Agreement and shall expire when the services are completed, but no later December 31, 2025 unless further extended upon such terms and conditions mutually agreed upon by the Parties in writing.
SECTION 4. PERFORMANCE.
a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Contractor hereunder, in meeting its obligations under this Agreement.
c. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONTRACTOR shall have the right to retain, subject to the CITY's approval, additional individuals, contractors or subcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, contractors or subcontractors shall be the sole and exclusive responsibility of the CONTRACTOR.
e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorneyclient privilege or any other law. Said documents shall be made available for
PROFESSIONAL SERVICES AGREEMENT NO. 4286
inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONTRACTOR.
b. All data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONTRACTOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the CONTRACTOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the
PROFESSIONAL SERVICES AGREEMENT NO. 4286
termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “nonrefundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that the CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONTRACTOR during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.
SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent Contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
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c. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits,
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defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONTRACTOR’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i)
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immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon. f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or
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subContractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY. l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-Contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-Contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this
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Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and
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voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via email (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Director of Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
If to Contractor: Office Solutions Business Products & Services, LLC dba Bluespace Interiors
Attn: Dana Mittesteadt, Vice President
23303 La Palma Avenue
Yorba Linda, CA 92887
(714) 692-7412 x 223
Email:[email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.
Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee, sub-Contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONTRACTOR will take affirmative action to ensure that sub-Contractor and applicants are employed, and that employees are treated during employment,
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without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONTRACTOR. The CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4286
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO OFFICE SOLUTIONS BUSINESS
PRODUCTS & SERVICES, LLC
dba BLUESPACE INTERIORS
Raul Alvarez, City Manager Dana Mittesteadt, Vice President ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Sourcewell Contract No. 091423-TKN
• Exhibit B – Contractor’s Proposal
• Exhibit C – Terms for Compliance with California Labor Law Requirements
EXHIBIT “A”
Sourcewell Contract No. 091423-TKN
091423-TKN
Rev. 3/2022 1
Solicitation Number: RFP #091423
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Teknion LLC, 302 Fellowship Road, Suite 110, Mt. Laurel, NJ 08054 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Furniture Solutions with Related Accessories and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires December 4, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.