Monterey Park Bruggemeyer Library
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Bruggemeyer Library
2023 [PPP21-2-12]
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.
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Monterey Park Bruggemeyer Library
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2023 [PPP21-2-12]
EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website that are in compliance with these standards.
2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Parks Pass Program.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
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2023 [PPP21-2-12]
“Funding provided by the State of California.”
c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
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2023 [PPP21-2-12]
Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:
Monterey Park Bruggemeyer Library
Diana Garcia
318 S. Ramona Ave
Monterey Park, CA 91754
[email protected]
California State Library
Lisa Nowlain
900 N Street
Sacramento, CA 95814
[email protected]
10. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.
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11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.
12. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.
13. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.
14. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.
15. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
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Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.
16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.
17. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.
18. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.
19. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.
20. Failure to Perform: The grant being utilized by the Grantee is to benefit the Explore the Outdoors with Monterey Park Bruggemeyer Library. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
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2023 [PPP21-2-12]
paid by the California State Library, including, but not limited to, the ten percent (10%) withhold for grants over $20,000.
21. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.
22. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.
23. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including, but not limited to, the ten percent (10%) withhold for grants over $20,000, requiring the Grantee to forfeit the unexpended portion of the grant funds, and/or to repay to the California State Library any funds improperly expended.
24. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.
25. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
26. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.
The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
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Bruggemeyer Library
2023 [PPP21-2-12]
and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
27. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.
28. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.
29. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.
30. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.
31. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
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Bruggemeyer Library
2023 [PPP21-2-12]
32. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.
33. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $5,000 and shall be expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.
34. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.
35. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
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Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.
Grantee shall permit access by representatives of the Department of Fair Employment and Housing and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and it’s contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.
36. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.
Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.
37. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
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Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.
38. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable, for grants over $20,000) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
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e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.
39. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
40. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.
41. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.
42. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.
43. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.
44. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.
Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
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for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.
45. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.
46. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.
47. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.
48. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.
49. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
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due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $29,336 upon execution of the agreement and submission of claim by the grantee organization. This payment will be in-full if the grant total is $20,000 or under, or 90% for grants over $20,000.
o If applicable, final 10% payment will be made upon approval of all final reports and receipt of claim form in the amount of $3,260
50. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.
51. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.
52. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.
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53. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.
54. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.
55. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.
56. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
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instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.
57. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.
58. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.
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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.
2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.
3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $5,000. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.
6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).
7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
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prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
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b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
11. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug- free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
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14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.
15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.
16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.
Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 [email protected]
CITY LIBRARIANDiana Garcia
In Process
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Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHROIZED REPRESENTATIVE
Signature: Date:
Printed Name of Person Signing: Title:
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento CA 95814 Signature: Date:
Printed Name of Person Signing: Greg
Lucas
Title: California State Librarian
DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 3/21/2023
Diana Garcia
CITY LIBRARIAN
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EXHIBIT B: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx
Mileage:
Rate subject to change
$0.625 per mile – approved business/travel expense
Meals:
Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.
Hotel:
Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.
Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.
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AIRLINE TICKETS:
Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.
DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
PARKS PASS PROGRAM
FINANCIAL CLAIM
1st PAYMENT
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].
State of California, State Library Fiscal Office
ENY: 2021 ITEM NO: 6120-011-0001, Chapter 69, Statutes of 2021 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: N/A
By Date
(State Library Representative)
Grant Award #: PPP21-2-12 Date:
Invoice #:
PPP21-2-12-01 PO #:
Payee Name: City of Monterey Park
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $29,336.40 Type of Payment:
(Payable Upon Execution of Agreement) ☒ PROGRESS
Grantee Name: Monterey Park Bruggemeyer Library ☐ FINAL (Name on Award Letter and Agreement) ☐ IN FULL
Project Title: Parks Pass Program ☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 Diana Garcia CITY LIBRARIAN
In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)
CITY, STATE, ZIP CODE E-MAIL ADDRES S
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.
The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.
If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.
Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.
For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).
For Single Member LLC (disregarded entity), in which the s ole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.
For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.
Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ __
_
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ __
_ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No servic
es performed in California
☐Copy of Franc
hise Tax Board waiver of state withholding is attached.
Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the state agency below.
NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAI L ADDRESS SIG
NATURE DATE TELE
PHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE UN IT/SECTION
MAI
LING ADDRESS FAX TEL
EPHONE (include area code)
CITY ST ATE ZI P CODE E-M AIL ADDRESS
Print Form
Reset Form
DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 Ca. State Library
[email protected]
Admin/Accoutning
900 N Street 916-603-7157
Sacramento 95814
In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).
Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subjec t to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Singl
e Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the S
tate of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.
Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g. , services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the st ate provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax com pliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.
Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An es
tate is a resident if the decedent was a California resident at time of death. • A tr
ust is a resident if at least one trustee is a California resident. o For
individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.
For
information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Wi
thholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For
hearing impaired with TDD, call: 1-800-822-6268 Website: ww w.ftb.ca.gov
Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signe e can provide a power of attorney documented for the individual.
Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.
DocuSign Envelope ID: DD2BE18B-A5C0-471C-A5AE-F483C49A7680 In Process
City Council Staff Report
DATE: April 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Matthew Hallock, Fire Chief
SUBJECT: 2020 State Homeland Security Grant Program – Cost Savings RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute an agreement amendment with CounterRisk Inc., in a form approved by the City Attorney, to CounterRisk Inc. for amount of $64,360;
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The City of Monterey Park Fire Department (Fire Department) was notified of an approved modification for an increase of $64,360 for the 2020 State Homeland Security Grant Program (SHSP 2020 Grant). As per Resolution No. 11740 adopted by the City Council on May 6, 2015, staff is reporting to the City Council the type of money obtained and the project details.
The Fire Department completed two projects during the SHSP 2020 Grant cycle. The First project was the purchase of $30,000 of equipment. The second project was the oversight of a Regional Training Intelligence (RTG) position for the entire Los Angeles County region. This position is a Homeland Security funded position with Monterey Park Fire Department providing contract oversight. The original contract was approved by the City Council on April 6, 2022. The initial contract amount was not to exceed $146,720 with a term ending in May 2023. Staff seeks to increase the amount of the contract, with an amount not to exceed $211,080 to incorporate a cost savings from the SHSP 2020 Grant of $64,360.
BACKGROUND:
On March 23, 2023, the Fire Department was notified of an approved modification for an increase of $64,360 for the SHSP 2020 Grant. The cost savings funds are to be spent and reimbursement claims submitted to the County of Los Angeles per the grant agreement. The cost savings funds will supplement the remainder of the contract with CounterRisk, Inc.
Consent Calendar - 3G
Staff Report
April 5, 2023
FISCAL IMPACT:
Including the initial grant sum of $182,720 and the cost saving of $64,360; the City of Monterey Park will receive a total of $247,080 from the 2020 State Homeland Security Program. There is no matching requirement for this grant.
Respectfully submitted by: Prepared by:
Matthew Hallock
Fire Chief
Angela Loera
Principal Management Analyst
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. First Amendment of Contract 2319-A
Staff Report
April 5, 2023
ATTACHMENT 1
First Amendment
FIRST AMENDMENT TO
AGREEMENT NO. 2319-A BETWEEN
THE CITY OF MONTEREY PARK AND
COUNTERRISK, INC.
THIS FIRST AMENDMENT (“Amendment”) is made and entered into this 5th day of April 2023, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”), and CounterRisk, Inc., a California corporation (“CONSULTANT”).
1. Pursuant to Section twelve of Agreement No2319-A (“Agreement”), Section 1(C) is amended to read as follows:
“As additional consideration, CITY agrees to pay CONSULTANT a total sum not to exceed $211,080 for CONSULTANT’s services.”
2. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 2319-A remain the same.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF MONTEREY PARK COUNTERRISK INC.
_________________________________ ____________________________ Ron Bow, Michael Little
City Manager
APPROVED AS TO FORM:
_______________________________
Karl H. Berger, City Attorney
City Council Staff Report
DATE: April 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Acceptance of SGVMWD Grant for Calsense Systems RECOMMENDATION:
It is recommended that the City Council consider:
1. Accepting grant funding in the amount of $50,000 from the San Gabriel Valley Municipal Water District (SGVMWD) for Calsense Irrigation Control Systems for City Hall and Barnes Park;
2. Authorizing the City Manager to execute the Grant Agreement, in a form approved by the City Attorney, with SGVMWD for this grant program;
3. Authorizing the Finance Department to allocate $50,000 in grant funding to the FY2022-2023 budget; and
4. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The San Gabriel Valley Municipal Water District (SGVMWD) is awarding the city $50,000 grant funding for Calsense Smart Irrigation Control Systems. Staff requests the City Council accept the grant funds and allocate the $50,000 in grant funds to the FY 2022- 2023 budget.
BACKGROUND:
The San Gabriel Valley Municipal Water District (SGVMWD) is offering member cities grant funding for water conservation projects. The District has approved $50,000 to the city for the purchase and installation of Calsense Irrigation Control Systems at two city facilities: City Hall and Barnes Park. Calsense controllers are state of the art irrigation systems that allow for remote control from any internet connected device. The system includes an array of sensors that monitor water flow, evapotranspiration, rain, wind and soil moisture and feeds real-time onsite data to the controllers. Their online software then analyzes the data for smart field actions that ensure the most efficient use of water.
The grant will be disbursed to the city upon receipt of invoice(s) from the city for the irrigation project. The maximum amount is $50,000.
Consent Calendar - 3H
Staff Report
April 5, 2023
Staff is requesting that City Council accept SGVMWD’s $50,000 grant for the Calsense Irrigation Control Systems and allocate the grant funds in the current year FY 2022-2023 budget.
FISCAL IMPACT:
Staff requests approval for the Finance Department to allocate $50,000 in SGVMWD grant funds to the FY 2022-2023 budget. No additional city funds will be expended for the smart irrigation system project.
Respectfully submitted by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. Grant Agreement
ATTACHMENT 1
Grant Agreement
Staff Report
April 5, 2023
{155129/000/00678453-1 } - 1 -
GRANT AGREEMENT
As of March 15, 2023 San Gabriel Valley Municipal Water District, herein “Water District,” and City of Monterey Park, herein “City” agree as follows:
1. Purpose.
This Agreement sets forth the terms under which the Wat er District shall grant money to the City and under which the City shall spend the grant.
2. Project Identification.
The grant money shall be used by the City for irrigation improvements at City parks, including, but not limited to, the installation of water-efficient sprinklers and smart-sense irrigation controllers (the “Project”).
3. Grant Amount.
T
he Water District shall grant the City the sum of $50,000.00 (the “Grant Amount”). The money shall be disbursed to the City by the Water District within thirty days after the City presents an invoice to the Water District for work on the Project in an amount up to the Grant Amount. The Grant Amount shall not be increased if the associated Project costs exceed the above amount.
4. Division of Responsibility.
(a) Water District is only responsible for providing the City with the grant in accordance with this Agreement. The Water District is not responsible for the design, construction, operation or maintenance of the Project.
5. Warranties.
(a) The Water District makes no warranty with respect to the efficacy of the Project.
(b) The City warrants the Grant Amount shall be used exclusively to pay for portions of the Project.
6. Time for Performance.
Time for performance shall begin after the date first above written and the City shall use its best efforts to complete the Project by June 30, 2023.
{155129/000/00678453-1 } - 2 -
7. Indemnity.
The City shall save and hold the Water District, its officers, agents and employees, free and harmless from any and all costs, liability or damages arising out of any act or omission to act, including any negligent act or omission to act (where there is a duty to act) by the City, its officers, agents or employees in connection with this Agreement, except to the extent caused by the sole negligence or willful misconduct of Water District, its officers, agents or employees.
8. Miscellaneous.
(b) Notices given pursuant to the provisions of this A greement, or necessary to carry out its provisions, shall be in writing and delivered personally to the person to whom the notice is to be given; mailed postage prepaid, addressed to such person; sent by overnight delivery by a nationally-recognized overnight courier; or sent by e-mail, with receipt confirmed in writing or telephonically. Addresses for this purpose shall be:
Water District: San Gabriel Valley Municipal Water District Attn: Darin Kasamoto, General Manager
1402 N. Vosburg Drive (P.O. Box 1299)
Azusa, CA 91702-1299
[email protected]
(626) 969-7911
City: City of Monterey Park
Attn: Shawn, Igoe, Director of Public Works
320 West Newmark Avenue
Monterey Park, CA 91754-2896
[email protected]
(626) 307-1320
{155129/000/00678453-1 } - 3 -
IN WITNESS WHEREOF, the parties hereby have caused this Agreement to be executed the date first above written.
APPROVED: APPROVED:
San Gabriel Valley City of Monterey Park
Municipal Water District
By: B
y:
Mark Paulson, Vice President Ron Bow, City Manager
Attest: Attest:
B
y:
Steven T. Placido, Secretary Maychelle Yee, City Clerk
[Seal] [Seal]
Approved as to Form: Approved as to Form:
James D. Ciampa, District Counsel Karl H. Berger, City Attorney
City Council Staff Report
DATE: April 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: License Agreement with the Salvation Army for use of space at the City’s Community Clean-up events
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager, or designee, to execute a license agreement, in a form approved by the City Attorney with the Salvation Army to utilize space within the City’s Community Clean-up events to collect unwanted items from the public; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The City hosts community clean-up events throughout the year to provide the community an opportunity to dispose of unwanted bulky items and electronic waste through Athens Services. Items collected may include usable items such as furniture, rugs, clothing, appliances, and small electronic devices. To increase waste diversion and promote the reuse of items, staff recommends partnering with local organizations such as the Salvation Army to collect reusable items at the City’s events. Allowing the Salvation Army to participate in the clean-up events would further the City’s sustainability efforts to divert waste and encourage the community to increase their reuse and recycling practices.
Athens Services would continue its current diversion efforts by collecting items and sorting recyclable material before sending the remaining waste to the landfill.
It is recommended that City Council authorize the City Manager to execute a license agreement to document the usage of space at the City’s clean-up events. The license agreement would allow the Salvation Army to have designated space at the City’s clean- up event to collect and haul unwanted items with their own resources, helping divert waste from entering landfills.
FISCAL IMPACT:
None.
Consent Calendar - 3I
Staff Report
April 5, 2023
Respectfully submitted by:
Shawn Igoe
Director of Public Works
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. License Agreement
ATTACHMENT 1
License Agreement
Staff Report
April 5, 2023
LICENSE AGREEMENT BETWEEN THE
CITY OF MONTEREY PARK AND
THE SALVATION ARMY
THIS LICENSE is made and executed this 15th day of February 2023, between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”), and THE SALVATION ARMY, a California Corporation (“LICENSEE”). The Parties agree as follows:
1. LICENSE; DESCRIPTION OF PROPERTY. CITY licenses LICENSEE to use, on the terms and conditions in this License, space at Monterey Park Community Clean-up Events located at designated City parks (“Property”).” CITY’s action is not, and cannot be construed to be, a conveyance of a property interest or a lease; it is a license to use property only.
2. USE OF PROPERTY.
A. LICENSEE may temporarily use Property for the purposes of collecting unwanted items (donations) during the City’s Community Clean-up event.
B. CITY may change, amend, or terminate LICENSEE’s use of Property at any time, and in its sole discretion, verbally or in writing.
3. TERM. Except as provided in Section 4, the term of this license will begin on February 14, 2023 and end on February 14, 2024. Upon mutual written agreement between the parties, this License may be renewed for additional time.
4. TERMINATION.
A. As stated above, CITY may terminate this License at any time with or without cause. Termination will be effective upon the 30th day after notification, unless CITY specifies otherwise.
B. LICENSEE may terminate this License at any time in writing at least thirty (30) days before the effective termination date.
C. By executing this document, LICENSEE waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
D. Upon termination, LICENSEE will remove all personal property and improvements within one (1) day. Property will be left in a clean and orderly fashion.
5. CONDEMNATION. If all or part of Property is acquired by eminent domain or purchase in lieu thereof, LICENSEE acknowledges that it will have no claim to any compensation awarded
for the taking of Property or any portion thereof or for loss of or damage to LICENSEE’s improvements.
6. RELOCATION BENEFITS. LICENSEE acknowledges that it has been informed that CITY is a public entity and that Property was previously acquired by CITY for a public purpose.
LICENSEE further acknowledges that any rights acquired under this License arose after the date of acquisition of Property and that said rights are subject to termination when Property is needed by CITY. LICENSEE hereby acknowledges that at the time of said termination of this License by CITY, it will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.
7. ALTERATIONS. LICENSEE will not make or cause to be made, any alterations to Property, or any part thereof, without CITY’s prior written consent.
8. HAZARDOUS/TOXIC WASTE. CITY has not, nor, to CITY’s knowledge, has any third party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within Property in violation of any law or regulation. LICENSEE agrees that it will not use, generate, store or dispose of any Hazardous Material (as defined below) on, under, about or within Property in violation of any law or regulation. LICENSEE agrees to defend and indemnify CITY, to the extent stated in Section 11, against any and all losses, liabilities, claims or costs arising from any breach of any warranty or agreement contained in this Section. As used in this Section, “Hazardous Material” means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).
9. SIGNS. LICENSEE will not place any permanent sign upon Property without CITY’s prior written consent. LICENSEE will pay for all costs of any approved signage and comply with all applicable sign codes and ordinances.
10. ASSIGNMENT. LICENSEE will not be permitted to assign this License or any interest therein.
11. INDEMNIFICATION.
A. LICENSEE will hold CITY harmless and free from any and all liability arising out of this License, or its performance. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this License, or its performance, pursuant to this License, LICENSEE will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C. LICENSEE expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive termination of this License.
E. The requirements as to the types and limits of insurance coverage to be maintained by LICENSEE as required by Section 12 below, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LICENSEE pursuant to this License, including but not limited to the provisions concerning indemnification.
12. INSURANCE.
A. Before commencing performance under this License, and at all other times this License is effective, LICENSEE will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability: $2,000,000
Workers compensation Statutory limits
B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO Forms. The amount of insuran ce set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable except upon 30 days prior written notice to CITY except for nonpayment of premiums which may be cancelable upon ten day notice.
C. LICENSEE will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this License and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day
notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates 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.
D. Should LICENSEE, for any reason, fail to obtain and maintain the insurance required by this License, CITY may obtain such coverage at LICENSEE’s expense and charge the cost of such insurance to LICENSEE under this License or terminate pursuant to Section 4.
13. COMPLIANCE WITH LAW. LICENSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to Property and will faithfully observe in the use of Property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of LICENSEE in any action or proceeding against LICENSEE, whether CITY be a party thereto or not, that LICENSEE has violated any such ordinance or statute in the use of Property will be conclusive of that fact as between CITY and LICENSEE.
14. BREACH OF AGREEMENT. The violation of any of the provisions of this License will constitute a breach of this License by LICENSEE, and in such event said License will automatically cease and terminate.
15. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this License will not constitute a waiver of any further breach of the same or other term of this License.
16. ENTRY BY CITY AND PUBLIC. This License does not convey any property interest to LICENSEE Except for areas restricted because of safety concerns, CITY and the general public will have unrestricted access upon Property for all lawful acts.
17. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LICENSEE, or a general assignment by the LICENSEE for the benefit of creditors, or any action taken or offered by LICENSEE under any insolvency or bankruptcy action, will constitute a breach of this License by LICENSEE and in such event said License will automatically cease and terminate.
18. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this License or by law to be served on or given to either party to this License by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to LICENSEE at:
The Salvation Army-ARCC
Dalita B. Lovett, Director of Resource Development
16941 Keegan Ave.
Carson, CA 90746
562-491-4149
[email protected]
or to CITY at:
City of Monterey Park
Xochitl Tipan, Principal Management Analyst
320 W Newmark, CA 91754
Monterey Park, CA 91754
626-307-1383
[email protected]
Either party may change its address for the purpose of this Section by giving written notice of the change to the other party.
19. ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that agreements ancillary to this License and related documents to be entered into in connection with this License will be considered signed when the signature of a party is delivered by electronic transmission.
Such electronic signature will be treated in all respects as having the same effect as an original signature.
20. GOVERNING LAW. This License has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this License will be in Los Angeles County.
21. PARTIAL INVALIDITY. Should any provision of this License be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this License will remain in effect, unimpaired by the holding.
22. ENTIRE AGREEMENT. This instrument and its Attachments constitute the sole agreement between CITY and LICENSEE respecting Property, the use of Property by LICENSEE and the specified License term, and correctly sets forth the obligations of CITY and LICENSEE . Any agreement or representations respecting Property or its licensing by CITY to LICENSEE not expressly set forth in this instrument are void.
23. CONSTRUCTION. The language of each part of this License will be construed simply and according to its fair meaning, and this License will never be construed either for or against either party.
24. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this License and to
engage in the actions described herein. This License may be modified by written agreement.
CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
25. COUNTERPARTS. This License may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF MONTEREY PARK, THE SALVATION ARMY -ARCC,
a general law city.
_____________________________, _____________________________, City Manager Title:
APPROVED AS TO FORM:
KARL H. BERGER, City Attorney
By: _____________________________
City Council Staff Report
DATE: April 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Pipe Supply Purchase for Phase III Water Main Replacement Project – Award of Contract to PPI America Inc.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a contract, in a form approved by the City Attorney, with PPI America Inc. in an amount not to exceed $165,000 for pipe supplies for the Phase III Water Main Replacement Project; and
2. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
The Project is Categorically Exempt as a Class 1 (Existing Facilities) project (CEQA Guidelines § 15301). Additional environmental review is not required because the Project is a minor alteration to an existing public facility.
EXECUTIVE SUMMARY
The Monterey Park Municipal Code (“MPMC”) allows purchases to occur without bidding “[w]hen the supply can be obtained from only one vendor or there are circumstances demonstrating only one vendor is best qualified to provide the supplies” (MPMC §
3.20.050(2)). Here, the Public Works Director seeks authority to purchase unique potable water piping from PPI America, Inc. for the City’s Phase III Water Main Replacement Project. Two sizes of piping are desirable: 8” and 12” pipes. PPI America, Inc.’s patented water pipes are superior to other pipeline on the market and the vendor is offering a significant discount to the City – as compared to other distributors – because, in part, of overstock supplies. While the City always intended to purchase these materials separately, i.e., independently of the Water Main Replacement Project which was bid in accordance with the Public Contracts Code, by-passing the bidding requirements to purchase these supplies is in the public interest.
BACKGROUND
Staff is requesting City Council award a contract to PPI America Inc. for pipe supplies for the Phase III Water Main Replacement Project. The Phase III project will replace water mains in the northeast area of the City: Alhambra and Nicholson Avenues, North of Garvey and South of Hellman.
Consent Calendar - 3J
Staff Report
April 5, 2023
MPMC § 3.20.050 identifies five exceptions to the bidding process ; Subsection 2 allows an award of contract when circumstances demonstrate that one vendor is best qualified to provide the supplies.
The proposed contract with PPI is for the purchase of its proprietary polyvinyl chloride (PVC) pipe product - iPVC (AWWA C900). PPI’s iPVC product was patented on February 18, 2016 (Patent Publication No. US 2016/0046800 A1). Additionally, a seismic evaluation that included three commercially available PVC pipes determined that PPI’s product performed better than the other two pipe materials. The purpose for the study was to evaluate how PVC piping would respond to changes in land deformation caused by an earthquake. The test was commissioned by a California water utility (Bay Area Municipal Utility District) in December 2019 at the University of Colorado Boulder, Center for Infrastructure, Energy and Space Testing. Furthermore, this product is currently being used for the Monterey Pass Road emergency water main replacement project.
PPI America, Inc. is offering the City special pricing for overstock 8” pipe supplies that will be specifically used for the water main replacement project. The discounted rate will result in a 12% savings compared to the next lowest vendor. The table below provides the costs from three other vendors for the PVC piping:
Vendor Product Price
per feet
Quantity Subtotal Total
(tax not incl)
PPI Pipe 8” C900 $24.39 3,200 $78,048.00 $149,439.60
12” C900 $56.66 1,260 $71,391.60
Western Water Works 8” C900 $32.40 3,200 $103,680.00 $191,628.00 12” C900 $69.90 1,260 $87,948.00
S & J Supply Co. 8” C900 $28.58 3,200 $91,456.00 $169,059.40 12” C900 $61.59 1,260 $77,603.00
Core & Main 8” C900 $28.90 3,200 $92,480.00 $170,940.20 12” C900 $62.27 1,260 $78,460.20
PPI America’s contract for pipe supplies for the Phase III Water Main Project is for an amount not to exceed $165,000.
FISCAL IMPACT
The original cost estimate for the Phase III Water Main project was exceeded due to escalation cost related to construction and material. A s an option to save the City on contractor markup, in addition to the special pricing received, the project materials will be purchased by shifting a portion of the funding that is budgeted for the Russell Reservoir Rehabilitation project. The Russell Reservoir Project was approved in the FY 2023 budget for $800,000 in water operations funding (401) . Planning and design for the Russell project is underway, however construction is not expected to be completed in F Y2023.
No appropriation is needed for the contract with PPI America Inc. for the pipe supplies.
Staff Report
April 5, 2023
Respectfully submitted and prepared by:
Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT
1. PPI America Inc. Cost Proposal
Staff Report
April 5, 2023
ATTACHMENT 1
PPI AMERICA INC COST PROPOSAL
Address 5204 Middlecrest Road
Rancho Palos Verdes CA. 90275
Phone 917 4284526
E-mail [email protected]
Size Thickness Length Price Per Ft.
1 AWWA C900 8" DR14* 20' $24.39 160 400 487.80
2 AWWA C900 12" DR14 20' $56.66 63 440 1,133.20
3 4
5 Please note that production
lead times are for an order by date of 2/24/23 Total 223 1,621.00 *pricing on line item 1 is for existing pipe located
in U.S. based yard # Important Notice
1. Lead time subject to change due to conditions.
2. If any additional products or services be required, there can be added.
2. This will, however, affect the total amount due at the end of the project.
Signed By :
Max Jonsef- Director of U.S. Business Sales
PPI America Inc.
No. Description of Good(s)
Specification
Standard(s)
IPVC Water Pipe
IPVC Water Pipe
Sales Tax (9.5%)
Export Wooden Packing
Term(s)
and
Condition(s)
Country of Origin Terms of Delivery Terms of Payment
Republic of Korea FFA Monterey Park, CA. Net 60 Days
Please including this quotation
number on your purchase order
for the reference.
230207-MONTEREYPARK
Quotation
Distributor
Information
Overseas Business Division
PPI America Inc.
Contact
163,636.36
Block Price Unit Price ($)
per 20' AMOUNT ($)
Date of Issue Feb 07, 2023
Quote prepared for: Position
Delivery Estimated Packing
Company Name
City of Monterey Park George Noriega Manager
Estimate 10-12 weeks from
time of order placement
Quantity (Pcs)
78,048.00
71,391.60
14,196.76
City Council Staff Report
DATE: April 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: 2023 Slurry Seal at Various Locations – Award of Contract RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with Onyx Paving Company Inc. of Anaheim, CA in the contract amount of $727,000 for the 2023 Slurry Seal at Various Locations;
2. Authorizing the Director of Public Works to approve change orders and contingency up to $109,050, or 15% of the contract amount;
3. Appropriating $486,646 from Street Bond Fund 621 to FY 22-23 for Project No. 96030; and
4. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
Since the proposed work is a minor alteration to an existing public facility, this project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).
EXECUTIVE SUMMARY
Per Resolution 2022-R32, the Public Works Director solicited bids for Capital Improvement Project No. 96030. The Bid opening was held on March 16, 2023. Staff completed review of bids and recommends that the contract be awarded to Onyx Paving Company, Inc., the lowest responsible bidder, in the amount of $ 727,000 plus 15% contingency.
BACKGROUND
The project involves the application of an asphalt emulsion slurry type II seal on various residential streets. The project also includes full depth localized asphalt concrete patch and the restoration of the existing traffic striping and pavement markings. The project will cover the area generally bound by Alhambra Avenue, Avondale Avenue, Hillard Avenue as well as Lincoln Avenue, McPherrin Avenue, Oakgate Street, and a portion of Whitmore Street.
The project is funded by Street Bond Fund 621, budge ted in the 2022-2023 fiscal year Capital Improvement Program as project No. 96030.
Consent Calendar - 3K
Staff Report
April 5, 2023
Six bids were opened on March 16, 2023, by the City Clerk’s office.
RANK BIDDER BASE BID AMOUNT
1 Onyx Paving Company, Inc. $ 727,000.00
2 PALP Inc. dba Excel Paving $ 759,375.64
3 Pavement Coating Co. $ 781,523.04
4 All American Asphalt $ 809,176.30
5 Hardy & Harper Inc. $ 912,000.00
6 Roy Allen Slurry Seal, Inc. $982,451.60
The bid submitted by Onyx Paving Company, Inc. , is the lowest responsive bid from a responsible bidder. Onyx Paving Company, Inc.’s, license was verified with the California State Contractor’s License Board to be current, active, and in good standing. Registration with the California Department of Industrial Relations (DIR) was verified. Staff also checked the contractor’s references and received positive feedback.
FISCAL IMPACT
Funds for Phase 1 and Phase 2 of the Slurry Seal Street Bond project were budgeted in the FY22-23 Capital Improvement Project (CIP) as Project No. 96030. Phase 1 was completed in December 2022. Project 96030 has an available balance of $383,004 for Phase 2 Slurry Seal. Due to increased costs in construction and material, the bids received for Phase 1 and 2 exceeded original budget estimates. It is recommended that an additional $486,646 from Street Bond Fund 621 be appropriated to the FY22 -23 budget to proceed with this project. The total estimated project cost is $869,650 including 15% contingency, construction management, and inspection.
CIP 96030 – PROJECT TITLE
Base Bid $727,000.00
Contingency (15%) $109,050.00
Project/Construction Management/Inspection $33,600.00 Total Estimated Project Cost $869,650.00
Staff Report
April 5, 2023
Respectfully submitted and prepared by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT
1. Onyx Paving Company, Inc . Proposal
Staff Report
April 5, 2023
ATTACHMENT 1
Onyx Paving Company, Inc Proposal
City Council Staff Report
DATE: April 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Interim Director of Community Development SUBJECT: A public hearing to consider the following: 1) Zoning Code Amendment (ZCA-22-02) to adopt the Market Place Specific Plan (SP-22-01); 2) Zone Change (ZA-22-01) to re-zone properties from the Regional Specialty Center (R-S) zone with the Planned Development Overlay (P-D) zone to the Market Place Specific Plan (MPSP) zone; and 3) Development Agreement (DA-22-01) to amend in its entirety a Development Agreement between Monterey Park Retail Partners, LLC and the City of Monterey Park for properties collectively operating as the Monterey Park Market Place, located at 2300 Greenwood Avenue and 2000 -5500 Market Place Drive, also identified by Assessor’s Parcel Numbers 5275-003-024, 025, 027, 029, 030, 031, 037, and 038.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Opening a public hearing and taking testimonial and documentary evidence;
2. After closing the public hearing and considering the evidence submitted during that public hearing:
a. Introducing and waiving first reading of an Ordinance implementing a Zone Change (ZA-22-01) from the Regional Specialty Center (R-S) zone with the Planned Development Overlay (P-D) zone to the Market Place Specific Plan (“MPSP”) zone (Exhibit B);
b. Introducing and waiving first reading of an Ordinance approving a Development Agreement (DA-22-01) for the subject property (Exhibit C); and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The Monterey Park Market Place development was originally approved through a Precise Plan (PP-12-01) that was intended to redevelop a brownfield site to help stimulate the local economy and create jobs while preserving the environment and public safety of the area. Since the creation and implementation of PP-12-01, Phase 1 is complete, but Phases 2 and 3 remains unbuilt. Phase 2 includes the wrap-around road south of the Leachate Treatment Plant (LTP) and Thermal Destruction Facility (TDF), and Phase 3 is the built-out of the area west of the LTP/TDF. In recent years, market forces changed the Public Hearing - 4A
Staff Report
April 5, 2023
way in which consumers conduct business: a decreased need for traditional brick-a nd- mortar stores and an increased demand for last mile facilities, warehouses, and auto dealerships emerged since the beginning of the COVID-19 pandemic. The applicant seeks to create flexibility to allow for land uses that help address the changing landscape of the commercial/service sector by providing a framework through the proposed Market Place Specific Plan (“MPSP”) to allow for such uses. No immediate construction or development is proposed at this time.
The Project includes the adoption of the MPSP to address the eventual build-out of the Market Place; it supersedes the existing Precise Plan. The Specific Plan will be identified within the Monterey Park Municipal Code (“MPMC”) and the entire Market Place Project site will be re-zoned from the Regional Specialty Center with Planned Development Overlay, to the MPSP. Further, the amended and restated Development agreement between the City and the Applicant will help ensure that the eventual build-out of the Market Place will provide a public benefit to the community.
CEQA (California Environmental Quality Act):
The Project is consistent with the Supplemental Environmental Impact Report (“SEIR”) and Statement of Overriding Considerations certified (and adopted) by the City Council on December 19, 2012 via Resolution No. 11548 (State Clearinghouse No. 1999051058).
None
of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 exists. Accordingly, no subsequent or supplemental Environmental Impact Report, Mitigated Negative Declaration or Addendum is required to be prepared before adopting the Project. The Notice of Consistency is attached as Exhibit “B” to the draft Ordinances.
Implementation of mitigation measures identified in the SEIR will be monitored as called for in the Mitigation Monitoring and Reporting Program adopted on December 19, 2012.
TYPE OF ACTION (LEGISLATIVE; QUASI-JUDICIAL; OR ADVISORY) Legislative: The
proposed Ordinances are legislative policy actions that, combined, would allow completion of the Market Place development. For this project, the City Council is the Planning Agency in accordance with MPMC § 2.56.020(c). In considering the proposed actions, the City Council acts in its legislative capacity. For any proposed zone changes, the City Council must make these findings (MPMC § 21.38.050):
• That the proposed zone change is consistent with the goals, policies, and objectives of the General Plan;
• That the proposed zone change will not adversely affect surrounding properties; and
• That the proposed zone change promotes public health, safety, and general welfare and serves the goals and purposes of the MPMC’s zoning regulations.
These findings are included in the draft Ordinances; the facts upon which these findings rely are also included with the draft documents. Approving the proposed Development Agreement is completely within the City Council’s legislative discretion.
Staff Report
April 5, 2023
BACKGROUND:
The City Council approved the Market Place development on December 19, 2012 by adopting PP-12-01 to regulate its development. The Market Place property is comprised of 63.68 acres, with a General Plan land use designation of Commercial and zoning of Regional Specialty Center (R-S), with a Planned Development (P-D) overlay. Ten parcels make up the site that includes all current commercial development anchored by Costco and Home Depot, with several other retail and service businesses, and multiple commercial eating establishments or restaurants, some of which include drive-throughs.
The developed areas are accessed from Market Place Drive which is off Potrero Grande Drive in the city and Paramount Boulevard in Montebello. There are also existing Leachate Treatment Plant (LTP) and Thermal Destruction Facility (TDF) facilities (which are not part of the Monterey Park Market Place commercial development), but contained within the subject site and the MPSP. The western portion of the site, west of the LTP/TDF operations, remains vacant (Phase 3). The subject site is surrounded by Southern California Edison facilities to the north, west, and east, and the 60 Freeway to the south (see Figure 1).
Figure 1: Monterey Park Market Place Specific Plan Aerial Zoning Code Amendment
The applicant requests that the City Council approve Zoning Code Amendment (ZCA-22- 02) to adopt the MPSP (SP-22-01). This will establish a Specific Plan Zone in the Municipal Code and include the regulatory document of the Specific Plan, that will govern development within the subject site. The MPSP represents a tool for development to systematically implement the General Plan and the individual development proposals in the Market Place Phase 3 project area.
Staff Report
April 5, 2023
Contained within the MPSP are development standards permitted within the subject site, including the additional development of Phase 3 to allow for uses which were not previously permitted or contemplated as part of PP-12-01. As identified in the Specific Plan, the uses listed below for Phase 3 of the project may include:
• Construction of a last mile distribution center of up to 97,000 square feet of floor area;
• Construction of a warehouse of up to 175,000 square feet of floor area; • Construction of an automobile dealership with a collision or service center totaling up to 100,000 square feet of floor area; or
• Construction of up to 150,000 square feet of floor area of retail uses.
When the PP 12-01 was approved, the anticipated build-out of Phase 3 included retail uses, which remains on the list of development options. However, as the commercial and retail market has changed in the last 10 years, the developer’s ability to build out with retail uses has become less easily achieved. The additional uses of a last-mile distribution center, a warehouse, or an automobile dealership are proposed alternate uses. The proposed Specific Plan sets up the framework to allow the above listed uses.
With the additional alternative uses proposed in the Market Place Specific Plan, the applicant has included a Level of Service and Vehicle Miles Traveled Screening Analysis to support an auto dealership which will result in fewer trips generated than the build-out of Phase 3 with retail uses analyzed as part of the FEIR and SEIR for the overall project.
In a case where, a last mile distribution center or warehouse use is proposed, a similar traffic analysis will be necessary to ensure that those developments are not exceeding the traffic that was contemplated in the SEIR.
The proposed Specific Plan is consistent with the applicable General Plan Elements of the Land Use, Circulation, Safety and Community Service, Resource, and housing Goals and Policies as analyzed in the General Plan. Overall, the Specific Plan contains unique development standards and design guidelines to ensure that commercial development will be compatible with the site and existing development around the Specific Plan Area.
This is accomplished through the inclusion of design guidelines addressing the architectural design for the future development at the Market Place.
Zone Change
With the creation of the MPSP Zone and its Specific Plan as described above, it is proposed that the entire site that includes 10 parcels and is 63.68 acres in size be rezoned from its current zoning of Regional Specialty Center (R-S), with a Planned Development (P-D) overlay, to the MPSP Zone (ZA-22-01). This new MPSP Zone is consistent with the General Plan Land Use Designation of Commercial, since the underlying uses permitted within the MPSP are a broad range of retail and service commercial uses. All uses that are currently existing at the site or have been previously approved will remain as permitted uses, with the additional uses listed in the Specific
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April 5, 2023
Plan being permitted as well.
Development Agreement
Chapter 21.44 of the MPMC requires Development Agreements (DA) for large scale projects that require multiple entitlements and long-term commitment of both public and private resources. The original approval of the Market Place included a DA that was approved in 2013. However, with the new scenarios presented in Phase 3 of the project, a new DA (DA-22-01) is proposed to allow for the uses proposed and an updated public benefit payment. While the MPMC generally imposes a term of five years for development agreements – which is intended to facilitate the prompt development of approved projects – the City Council may change the term in its discretion. Here, the draft DA proposes an initial
term of five years with two automatic renewals of two years each; these renewals would
occur unless the DA were terminated not later than 90 days before the anniversary date (Section 20 of the DA). As a result, the applicant would have an extended time within which to construct improvements and the City would receive additional public benefit payments as contemplated by Section 6(c) of the DA. Assuming that the DA were in effect for the full nine-year term and the development was fully built out , the City could receive up to approximately $1.6M in public benefit payments.
FISCAL IMPACT:
Fiscal impacts associated with adopting the DA includes a public benefit payment during the term of the DA which could amount to a total amount of approximately $1.6M.
This public benefit payment is separate from anticipated sales tax revenue generated from development within the Project site. Sales tax revenue generated from the Market Place is shared with the City of Montebello via a Sharing Sales Tax Agreement. Sales tax revenue payments are payable by Monterey Park to Montebello at a rate of 18% from the generated sales tax. There is no sunset to the sharing agreement.
Respectfully submitted by: Prepared by:
Jessica Serrano
Interim Director of Community
Development
Beth Chow, AICP
Senior Planner
Staff Report
April 5, 2023
Reviewed by:
Martha Garcia
Director of Finance
Approved by:
Ron Bow
City Manager
Karl Berger
City Attorney
ATTACHMENTS:
1. Zone Change (ZA-22-01) - Adopting Rezoning of the Market Place from Regional Specialty Center with Planned Development Overlay to the Market Place Specific Plan Ordinance
2. Market Place Development Agreement (DA-22-01) Ordinance
ATTACHMENT 1
Zone Change (ZA-22-01) - Adopting Rezoning of the Market Place from Regional Specialty Center with Planned Development Overlay to the Market Place Specific Plan Ordinance
Staff Report
April 5, 2023
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING MAP ( ZA-22-01) TO
CHANGE THE ZONING FROM REGIONAL SPECIALTY CENTER (R-
S) ZONE WITH THE PLANNED DEVELOPMENT OVERLAY (P-D) TO
THE MARKET PLACE SPECIFIC PLAN (MPSP) TO ALLOW
CONSTRUCTION OF THE FINAL PHASE OF THE MARKET PLACE
DEVELOPMENT.
The City Council for the City of Monterey Park does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On September 26, 2022, Monterey Park Retail Partners , LLC, a California Limited Liability Company (the “Applicant”), submitted an application pursuant to Title 21 of the Monterey Park Municipal Code (“MPMC”) requesting approval of Zone Change ( ZA-22-01) to rezone the properties collectively operating as the Monterey Park Market Place, located at 2300 Greenwood Avenue and 2000-5500 Market Place Drive, also identified by Assessor’s Parcel Numbers 5275-003-024, 025, 026, 027, 029, 030, 031, 037, 038, and 039 from the Regional Specialty (R -S) zone with the Planned Development Overlay (PD) zone to the Market Place Specific Plan (“MPSP”) zone allow the development of its final phase with retail, auto dealership, last mile distribution, and/or warehouse uses, parking, and related improvements , along with an Amended And Restated Development Agreement (“Project”);
B. The proposed Project was reviewed by the City Planner for, in part, consistency with the General Plan and conformity with the MPMC;
C. In addition, the City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”);
D. The City Council reviewed the proposed Project and related environmental aspects of the proposal as required by the MPMC at the April 5, 2023, public hearing; and
E. The City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing of April 5, 2023.
SECTION 2: Fac
tual Findings and Conclusions. The City Council finds as follows:
A. The Applicant is seeking to change the zone regulating the Project from the Regional Specialty (R-S) zone with the Planned Development Overlay (PD) zone to the Market Place Specific Plan (“MPSP”) zone. The Zone Change is desirable to allow construction of the proposed Project.
ORDINANCE NO.
PAGE 2 of 7
B. The property is 63.38 acres (2,760,617 square feet ) in size and irregularly shaped with access from Potrero Grande Drive on the west and Paramount Boulevard to the east. Currently developed on the Project site, the Monterey Park Market Place is a multi -tenant, regional shopping center featuring both large and small tenant spaces, including a gas station and various drive- through restaurants. The area west of the leachate treatment plant, is vacant and ready for development to complete the build- out of the Monterey Park Market Place.
C. The General Plan designation for the P roject site is Commercial . This allows for a broad range of retail and service commercial uses, hospitality, entertainment, medical and professional offices, including those uses existing and contemplated within the Monterey Park Market Place.
SECTION 3: Plannin
g Agency. Pursuant to MPMC § 2.56.020(C), the City Council is the Monterey Park Planning Agency for purposes of this Ordinance.
SECTION 4: Env
ironmental Assessment. The environmental analysis set forth in Ordinance No. ___, considered in conjunction with this Ordinance, is incorporated by reference as if fully set forth including, without limitation, the Notice of Consistency. The City Manager, or designee, is directed to file a notice of determination in accordance with CEQA §§ 21152, 21167(f); CEQA Guidelines § 15094; and any other applicable law.
SECTION 5: Appr
ovals. The zoning for the Project site is changed from the Regional Specialty (R-S) zone with the Planned Development Overlay (PD) zone to the Market Place Specific Plan (“MPSP”) zone. Accordingly, the Zoning Map is amended as set forth in attached Exhibit “ A,” and incorporated by reference. The Market Place Specific Plan attached as Exhibit “B,” and incorporated by reference, is approved as zoning for the Project site.
SECTION 6: Cons
truction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 7: Enf
orceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8: Rel
iance on Record. Each and every one of the findings and determinations
ORDINANCE NO.
PAGE 3 of 7
in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the matter. The determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 9: Limit
ations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 10: Se
verability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 11: El
ectronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 12: Publ
ications. The City Clerk is directed to certify the passage and adoption of this Ordinance; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 13: Rec
ording. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Monterey Park’s book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 14: Effe
ctive Date. This Ordinance becomes effective on the 30 th day following its passage and adoption.
ORD
INANCE NO. ___ HAD ITS FIRST READING ON APRIL 5, 2023, ITS SECOND READING ON ____, AND WAS DULY PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK AT ITS REGULAR MEETING OF ______.
ORDINANCE NO.
PAGE 4 of 7
Jose Sanchez, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Exhibit A: Zoning Map
Exhibit B: Specific Plan
EXHIBIT A
Zoning Map
Exhibit A
Existing Zoning
Proposed Zoning
Montebello
ZONE
CHANGE TO
MARKET
PLACE
SPECIFIC PLAN
Market Place Specific Plan
EXHIBIT B
Market Place Specific Plan
April 2023
MARKET PLACE SPECIFIC PLAN
i
TABLE OF CONTENTS
I. INTRODUCTION .................................................................................................................... 1 A. SPECIFIC PLAN AREA ............................................................................................... 1 B. BACKGROUND ......................................................................................................... 3 C. RELATIONSHIP OF THE SPECIFIC PLAN TO PRIOR APPROVALS AND THE ZONING REGULATIONS ......................................................................................................... 4 D. DEFINITIONS ............................................................................................................ 4 II. SPECIFIC PLAN OVERVIEW ................................................................................................... 6 A. PURPOSE AND AUTHORITY OF THE SPECIFIC PLAN ................................................ 6 B. SPECIFIC PLAN SCOPE AND GOALS ......................................................................... 6 C. CONSISTENCY WITH THE GENERAL PLAN ............................................................... 7 D. SPECIFIC PLAN IMPLEMENTATION MEASURES ..................................................... 10 III. OVERVIEW OF LAND USE PLAN ......................................................................................... 11 A. DEVELOPMENT CONCEPT ..................................................................................... 11 B. LAND USE PLAN ..................................................................................................... 12 C. GRADING CONCEPT ............................................................................................... 12 IV. EXISTING UTILITIES AND INFRASTRUCTURE ...................................................................... 13 A. CIRCULATION ........................................................................................................ 13 B. WATER SERVICE .................................................................................................... 13 C. RECLAIMED WATER ............................................................................................... 13 D. WASTEWATER ....................................................................................................... 14 E. DRAINAGE ............................................................................................................. 14 F. GAS/ELECTRIC/TELECOMMUNICATIONS .............................................................. 14 G. SOLID WASTE DISPOSAL ........................................................................................ 14 H. FIRE PROTECTION .................................................................................................. 14 I. POLICE SERVICES ................................................................................................... 14 V. DEVELOPMENT STANDARDS .............................................................................................. 14 A. PERMITTED USES .................................................................................................. 15 B. OUTDOOR DISPLAYS AND SEASONAL SALES ........................................................ 16 C. ON-SALE AND OFF-SALE ALCOHOL USES .............................................................. 17 E. SITE PLANNING STANDARDS ................................................................................. 18 F. ARCHITECTURE AND DESIGN REVIEW .................................................................. 19 G. LANDSCAPING ....................................................................................................... 20 H. SIGNS ..................................................................................................................... 26 I. REFUSE FACILITIES ................................................................................................. 28 J. ACCESS AND CIRCULATION ................................................................................... 29 K. TRIP REDUCTION AND TRAVEL DEMAND MEASURES .......................................... 29
ii
L. PARKING ................................................................................................................ 32 M. TRIP GENERATION ................................................................................................. 32 VI. INDIVIDUAL PROJECT APPROVALS .................................................................................... 33 A. PROJECT CLEARANCES AND ADMINISTRATIVE DESIGN REVIEW .......................... 33 B. DIRECTOR’S REVIEW ............................................................................................. 34 C. ADVISORY DETERMINATION ................................................................................. 34 D. RIGHTS GRANTED UNDER PROJECT CLEARANCE .................................................. 34 E. PROJECT CLEARANCE EXPIRATION ....................................................................... 34 VII. ADMINISTRATION OF SPECIFIC PLAN ............................................................................... 34 A. DIRECTOR AUTHORITY .......................................................................................... 34 B. AMENDMENTS ...................................................................................................... 35 C. ADMINISTRATIVE MODIFICATIONS ...................................................................... 35 D. TIME LIMITS .......................................................................................................... 36 VIII. APPEALS ......................................................................................................................... 36 A. APPEALS ................................................................................................................ 36 IX. CONDITIONS OF APPROVAL AND MITIGATION MEASURES ............................................... 36 A. CONDITIONS OF APPROVAL AND MITIGATION MEASURES ................................. 36 LIST OF FIGURES AND EXHIBITS ............................................................................................. 38
1 I. INTRODUCTION
This Monterey Park Market Place Specific Plan ( Specific Plan) was prepared in conformity with Government Code § 65451, et seq . Together with zoning regulations adopted by the Monterey Park Municipal Code ( MPMC) and other Applicable Law (defined below), this Specific Plan sets forth the regulations for the devel opment and operation of the Monterey Park Market Place project (Project or the Market Place).
Pursuant to Government Code § 65450, a specific plan must include text and a diagram or diagrams, which specify all of the following in detail:
• The distribution, location, and extent of the uses of land, including open space within the area covered by the plan.
• The proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the land area covered by the plan and needed to support the land uses described in the plan. • Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. • A program of implementation measures , including regulations, programs, public works projects and financing measures necessary to carry out the above items. • A discussion of the relationship of the Specific Plan to the General Plan.
This Specific Plan is compatible and consistent with the goals and policies outlined in the City of Monterey Park’s General Plan (General Plan). This Specific Plan will further the goals and policies of the General Plan as more fully described below.
This Specific Plan was prepared to provide the essential relationship between the policies of the General Plan and actual development in the Project area. By functioning as a regulatory document, the Specific P lan provides a means of implementing the General Plan. All future development within the Specific Plan boundaries must be consistent with the standards set forth in this document.
A. SPECIFIC PLAN AREA
This Specific Plan regulates real property (a triangular-shaped parcel consisting of approximately
63.68 acres) located in the southeast portion of the City of Monterey Park, in the County of Los Angeles, State of California, immediately north of the Pomona Freeway, State Route 60 (Pomona Freeway), and west of Paramount Boulevard as shown on Figure 1 (Specific Plan Area).
2 Figure 1: Specific Plan Area
Regional access to the Specific Plan Area is provided via the Pomona Freeway south of the Site.
Paramount Boulevard provides the major access route to and from the Pomona Freeway in both eastbound and westbound directions. Local access is provided through Market Place Drive via Potrero Grande Drive ( See Figure 2). The Specific Plan Area is bounded by Southern California Edison (SCE) property to the northwest and northeast, and by the Pomona Freeway to the south.
Figure 2: Market Place Aerial – Local Access
3 Other surrounding land uses include the SCE Mesa substation to the northwest and a cemetery and residential use to the northeast. The approximately 145- acre Operating Industries Incorporated (OII) landfill, also referred to as the “ South Parcel” landfill, is located south of the Pomona Freeway.
B. BACKGROUND
On or about December 19, 2 012, the Monterey Park City Council adopted (a) Res olution No. 11549 approving the Monterey Park Market Place Precise Plan (PP-12-01) and Tentative Tract Map No. 071549 (TM-12-01) and certifying the Supplemental Environmental Impact Report (SCH NO. 1999051058); and (b) Resolution No. 11548 a statement of overriding considerations for the Monterey Park Market Place Precise Plan. On or about January 16, 2013, the City Council adopted Ordinance No. 2094, approving a Development Agreement between the City of Monterey Park and Monterey Park Retail Partners, LLC to allow the development of the Monterey Park Market Place. The Monterey Park Market Place Precise Plan covered the same geographical location as the Specific Plan Area.
Although part of the USEPA -designated OII landfill superfund site, the Monterey Park Market Place does not contain any hazardous materials and consists of two distinct areas . The Market Place portion that is to the east and north of Market Place Drive (which Drive is currently designated as APN 5275-003-026 and - 027) is comprised of various tax parcels that have been largely developed with approximately 310,000 square feet of retail floor area:
1. APN 5275-003-030 and -031: A retail warehouse and gas fueling depot.
2. APN 5275-003-038: A retail home improvement center.
3. APN 5275-003-029, -037 and -039: Various retail uses.
The Market Place portion that is to the west of Market Place Drive and north of Pomona Highway (SR 60) is currently designated as APN 5275-003-025 and was not redeveloped. Between the two areas of the Market Place development, APN 5275 -003-024 is the existing Leachate Treatment Plant (LTP) and Thermal Destruction Facility (TDF) facilities (which are not part of the Monterey Park Market Place development) but contained within the Specific Plan The Monterey Park Market Place area also includes various easements on the adjacent SCE parcel for grading, utilities, parking, drainage , and other permitted uses (collectively, the SCE Easements).
The Precise Plan allowed up to 500,000 square feet of floor area , but permitted the Planning Director or Planning Commission to approve modifications allowing up to 600,000 square feet.
4 C. RELATIONSHIP OF THE SPECIFIC PLAN TO PRIOR APPROVALS AND THE ZONING
REGULATIONS
This Specific Plan supersedes other development regulations and standards set forth in the MPMC (MPMC Title 21) for the Specific Plan Area. Except where the provisions of this Specific Plan expressly provide otherwise, the provisions of this Specific Plan are applied in lieu of the provisions of the zoning regulations. For development standards not established as part of the Specific Plan, the standards in the zoning regulations apply. Terms used in this Specific Plan have the meanings as set forth in Section 1.D, below. Further, any terms used in this Specific Plan that are not defined or described herein have the meanings set forth for them in the MPMC.
Nothing in this Specific Plan is intended to, nor does it, revoke or modify any permits, approvals, or entitlements previously granted for the Specific Plan Area, except the Precise Plan , which is superseded in its entirety. All existing improvements and uses in the Specific Plan Area as of the effective date hereof are deemed to be in full compliance with this Specific Plan.
D. DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Specific Plan. Words and phrases not defined by this chapter have the meaning set forth in the MPMC or Applicable Law. “Applicable Law” means, in addition to federal and state laws and regulations, the ordinances, rules, regulations, fees and official policies of the City governing the Specific Plan area including, without limitation, the City’s zoning regulations and General Plan. “Applicant” means the applicant for an Individual Project. “Conceptual Development Plans” mean the conceptual development plans set forth in Section V.D.2, below.
“Data center ” means facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center.
“Director” means the Director of Community Development, or designee. “Floor area” means the sum of the gross areas of the floor or several floors of a building or buildings measured from the exterior faces of walls, including elevator shafts or stairwells at each
5 floor, floor space in penthouses and attic space with headroom of eight feet or more, and excluding basement space, open balconies, or vehicle parking or storage. “General Plan” means the Monterey Park General Plan.
“Last Mile Distribution Center” means a warehouse and distribution facility, fulfillment center, or sortation center, that recei ves goods and merchandise from manufacturers or warehouses for direct delivery to purchasers, and may include customer pick-up and drop-off. “Individual Project” means the construction, erection, addition to, or structural alteration of any building or structure, or use of building or land or change of use of a building or land, on a lot located in whole or in part within the Specific Plan Area , which requires a grading permit or building permit, but does not include the following:
Interior or exterior remodeling of an existing building, or the change of use of an existing building unless the remodeling/change of use increases the number of total a.m., p.m., or Saturday peak hour or daily trips exceeding the respective Trip Cap, as determined by the Director.
The rehabilitation or reconstruction of an existing building or structure, which was damaged or destroyed by fire, flood, wind, earthquake or other disaster, or the public enemy.
Demolition of any existing building or structure with a validly issued demolition permit. “Project” means the Monterey Park Market Place.
“Project Clearance” means the Director ’s ministerial review and verification of an Individual Project’s conformance with the requirements of this Specific Plan. “SEIR” means the Supplemental Environmental Impact for the Monterey Park Market Place (SCH No. 1999051058).
“SCE” means Southern California Edison.
“Trip Cap” means the maximum number of projected a.m., p.m., and Saturday peak hour and daily trips that may be generated cumulatively by all existing and future development within the Specific Plan Area, as set forth in Section V.D.3, below.
“Warehouse” means a commercial or manufacturing unit used for the storage of goods and merchandise, together with ancillary office and other support spaces.
6 II. SPECIFIC PLAN OVERVIEW
A. PURPOSE AND AUTHORITY OF THE SPECIFIC PLAN
This Specific Plan is intended to provide for the orderly and efficient development of the Specific Plan Area in accordance with the provisions of the General Plan. In conjunction with the General Plan, the Specific Plan implements the plan for the physical development of the Specific Plan Area and a guide to all future development within the plan area.
A Specific Plan may be prepared for any defined geographic area , which might benefit from specialized land use regulations and development standards.
The Specific Plan provides for development within the Specific Plan Area and establishes the permitted uses, development intensity , site planning and development standards, design and architecture, landscaping, signs, refuse facilities, access and circulation, parking , and trip reduction measures of the Project.
B. SPECIFIC PLAN SCOPE AND GOALS
Implementation of General Plan goals and policies will occur through the establishment of land use designations, traffic circulation patterns, development policies, and the identification of backbone infrastructure necessary to support the planned intensity of development.
To achieve this purpose, the Specific Plan has the following goals:
1. Establish the planning concept, design theme, development regulations, and procedures necessary to achieve an orderly and compatible development;
2. Implement the goals, policies, and objectives of the General Plan;
3. Establish a framework to create a successful Project with a mix of predominantly retail uses with retail-supporting uses, such as Last Mile Distribution Center and Warehouse uses;
4. Meet changing market demands for more home delivery by allowing car sales, Last Mile Distribution Center and Warehouse uses;
5. Facilitate the full build-out of the Specific Plan Area; and
6. Provide clear design guidelines and standards to allow for flexibility in the implementation and build-out of planned development within the Specific Plan area.
7 C. CONSISTENCY WITH THE GENERAL PLAN
The General Plan serves as the long-term planning guide for future development throughout the City. The General Plan operates as a guide to the type of community desired for the future and provides the means to accomplish that goal. California Law and the MPMC require a Specific Plan to be consistent with the General Plan. This Specific Plan is consistent with the General Plan and advances the goals and policies identified below.
1. Land Use Element : The Specific Plan is consistent with the Land Use and Urban Design Element of the General Plan and the following goals and policies:
• Goal 1: Commercial districts that allow a variety of retail, service, and entertainment uses and that accommodate flexibility over time.
• Policy 1.1: Flexibility. Ensure zoning regulations provide flexibility regarding allowed uses.
• Goal 2: Dynamic mix of businesses, uses, and employment that sustains a strong local economy and contributes to a fiscally sustainable tax base. • Policy 2.1 : Flexibility. Provide flexible and clear development standards to allow commercial, professional, industrial, institutional, and hospitality businesses and uses to expand and thrive economically.
• Policy 2.2: Business Growth. Facilitate the growth of a diverse business sector resilient to change over time and compatible with a broad range of skills and workers. • Goal 12: High design quality in all new commercial developments and rehabilitation projects.
• Policy 12.1 : Compatibility. Require new, infill, and rehabilitation projects in commercial districts be compatible with existing contexts in terms of site design, scale, building design, materials, and architectural approaches. • Policy 12.2: Comprehensive Design. Provide for comprehensive design review of new commercial development.
• Goal 14: The Market Place as a regional destination for diverse shopping, dining and entertainment experiences.
• Policy 14.1: Flexibility. Ensure that zoning regulations applicable to the Market Place properties provide focus for the uses the City looks to attract, while providing flexibility to accommodate emerging new uses and markets over time. • Policy 14.2: Traffic. Work with property owners and property managers to address and manage traffic associated with the Market Place , so that visitors avoid traveling through adjacent residential neighborhoods.
8 • Policy 14.3: High Design Quality. Insist upon high design quality and landscape treatments upon establishment and over time.
The land uses allowed under the Specific Plan are consistent with the Land Use P olicy Map (Land Use and Urban Design Element, Figure LU -1) and the building intensity/heights are consistent with the Regulating Plan (Land Use and Urban Design Element, Figure LU -4). The Specific Plan will allow for a variety of retail and service uses, plus Last Mile Distribution Center and Warehouse uses that will facilitate home delivery of retail goods. The Specific Plan will provide flexibility by expanding the range of uses permitted in the Specific Plan Area, which will also promote a more dynamic mix of businesses and uses, create jobs, and contribute to the tax base. The expanded uses will provide a more diverse business sector and a broader range of job opportunities. The Specific Plan’s architectur al and landscaping standards are of high quality and are compatible with surrounding development currently existing and proposed in the vicinity of the Specific Plan Area. The Specific Plan will require the comprehensive design review of all new buildings. The Specific Plan requirements and design review will further the policy of high design quality . Consistent with the City ’s urban design plan, this Specific Plan requires a landscaping plan that will provide for an organized and consistent landscaping design for the Specific Plan Area , including dense plantings and mature plant materials. The Specific Plan provides requirements for circulation and for a Trip Cap, which will further the policy to manage traffic to and from the Market Place and avoid traffic in adjacent residential neighborhoods.
2. Economic Development Element: The Specific Plan is consistent with the Land Economic Development Element of the General Plan and the following goals and policies:
• Policy 1.1: Encourage a pattern of development that balances revenue -generating land uses in phase with other uses that demand services. • Policy 1.2: Encourage the growth or relocation of industries that generate local tax and employment advantages.
• Goal 2.0: Attract new businesses to the commercial Focus Areas identified in the Land Use Element.
• Policy 2.2: Concentrate development in sectors where growth is forecast in the short- to mid-term. Focus efforts on retail and hospitality uses in the short- term and light industrial uses subsequently.
• Goal 7.0: Create a major regional- serving commercial center north and south of Potrero Grande Drive, north of the Pomona Freeway.
• Policy 7.1: Work with the City of Montebello to ensure good access to the Focus Area via Paramount Boulevard.
• Policy 7.2: Encourage development of retail businesses within the OII/Edison area,
9 which serve a regional market and maximize tax revenue potential. • Policy 7.3: Work closely with SCE to create a reuse plan for SC E properties that optimizes potential for retail commercial and complementary development. • Policy 7.4: Pursue public infrastructure improvements that will support and facilitate redevelopment of the OII/Edison area.
• Policy 7.5: Work with Ca ltrans to enhance the appearance of Pomona Freeway frontage bordering the Oll/Edison area.
The Specific Plan continues the transformation of the closed OII landfill area adjacent to the Pomona Freeway into a major retail center that includes regional retail uses intended to bring additional shoppers from outside the City , or needed warehouse or distribution facility , any of which will raise additional tax revenue. The Specific Plan is anticipated to continue to attract additional national and regional retail and supporting uses to the City, thereby creating additional employment opportunities for City residents. For analysis of Goal 7.0 and Policies 7.1 through 7.5, see the discussion of the Land Use Element, above.
3. Circulation Element: The Specific Plan is consistent with the Circulation Element of the General Plan and the following goal and policies:
• Policy 4.5: Work with the Los Angeles County Metropolitan Transportation Authority to establish bus routes and stops at appropriate locations throughout the City to adequately serve retail, employment, and other public gathering areas. • Policy 5.1: Provide for a citywide Class III bicycle path system consistent with Figure C-4 of the Circulation Element.
• Policy 5.2: Require that bicycle racks and adequate pedestrian facilities be incorporated into new commercial development projects.
• Goal 6.0: Ensure that all development projects provide well-designed parking facilities that are safe, convenient, and attractive.
As further described in Section V. K below, the Specific Plan area includes a bicycle path system, bike racks, an on -site bus stop, and on -site bicycle and pedestrian facilities to encourage mass transit and bicycle transportation and to reduce vehicular trips to the Site .
This Specific Plan also requires landscaped parking lots with adequate lighting and pedestrian circulation plans that ensure that parking facilities will be safe, convenient, and attractive.
4. Safety and Community Services Element : The Specific Plan is consistent with the Safety and Community Services Element of the General Plan and the following goal and policy:
• Goal 7: Minimize the potential damage to structures and loss of life that could result from earthquakes.
10 • Policy 7.1: Continue to implement California Building Code seismic safety standards for construction of new buildings. This contains the most recent seismic requirements for structural design of new development and redevelopment to minimize damage from earthquakes and other geologic activity.
All new buildings would comply with current California Building Code seismic safety standards.
• Goal 16: Protect the community from soil, groundwater, and leachate contamination from the OII site.
• Policy 16.2: Encourage commercial development on the north parcel.
This Specific Plan does not disturb, regulate, or otherwise affect the ongoing remediation and cleanup efforts on the site. The existing Leachate Treatment Plant ( LTP) and Thermal Destruction Facility (TDF) facilities (which are not part of the Monterey Park Market Place) will continue to operate to process contaminants from the South Parcel of the OII site and are exempted from the regulations of this Specific Plan. This exemption applies to both the current LTP and TDF location and any other location in the Specific Plan Area where such facilities ma y be relocated. This Specific Plan will facilitate developing the Market Place property (north parcel) to a beneficial use by permitting the continued development and operation of a regional retail center and encouraging development of commercial and retail- supporting uses, including warehouse and distribution uses, on the existing underutilized site. • Policy 19.5: Require that all non- residential developments provide adequate exterior lighting to promote visibility to deter crime and support law enforcement surveillance efforts.
As set forth in Section V.K. below, development in the Specific Plan area would provide such adequate exterior lighting.
D. SPECIFIC PLAN IMPLEMENTATION MEASURES
1. Introduction. This Section addresses Government Code § 65451, which requires that specific plans include a program for implementation , including regulations, conditions, programs, and additional measures necessary to implement the Specific P lan. The responsibilities and procedures required for implementing the Specific Plan are identified in this S ection, including responsibility for capital improvements and financing and the regulations that will govern its implementation.
The Applicant(s) will finance and/or construct a ll public and private infrastructure improvements to support new development in the Specific Plan area including , without limitation, water mains, sewer trunk lines, dry utilities, and drainage.
11 Each Applicant for an Individual Project must make any unpai d contributions toward maintaining Transportation, Fire, Police, and Library services by paying development impact fees consistent with the requirements of the Specific Plan and Applicable Law.
2. Implementation Schedule . The infrastructure improvements, as determined by the Public Works Director and per the Finance Plan in this S ection, will be matched to meet the needs of each Individual Project.
3. Infrastructure and Public Facilities. Consistent with Applicable Law, this Section provides an overview of the parties involved in the implementation, ownership, and long -term maintenance responsibilities for the private infrastructure and public facilities required to support the Specific Plan Area. Conceptual plans are set forth in Figure 3 (Concept Infrastructure).
4. Financing Plan. The financing and maintenance plan for the Specific Plan ensures the timely completion of public facilities, streets, utilities, and other necessary capital improvements, as well as the proper maintenance of these facilities. The Applicant(s) of Individual Projects will fund needed infrastructure and public facilities , through the following activities:
a. Fund new on-site and off-site public infrastructure and services needed to support the Specific Plan development;
b. Utilize the existing Monterey Park Transportation Improvement Program ( TIP) fee programs to fund required off-site street infrastructure; c. Pay applicable development impact fees to fund other necessary infrastructure and public facilities;
d. Phase on -site improvements to ensure they are constructed when necessary and when funds are available to construct public improvements; and e. Provide for r easonable reimbursements from other development for infrastructure costs that the Specific Plan area is required to advance.
III. OVERVIEW OF LAND USE PLAN
A. DEVELOPMENT CONCEPT
The Specific Plan provides a framework for developing approximately 63.68-acres in the southeast portion of Monterey Park and an additional nine- acre area of easements owned by SCE. The development is a highway oriented commercial project consisting of approximately 600,000 square feet of commercial uses and/or distribution and warehouse uses, with adequate supporting parking spaces and associated landscaping , inclusive of existing an d proposed
12 development within the Specific Plan Area. Collectively, the Specific Plan Area and SCE easement areas are referred to as the “Site.”
Development may be based on four Conceptual Development Plans, set forth in Section V .D.2, below, or as otherwise allowed under the Specific Plan.
Build-out of the Specific Plan would provide a range of economic, fiscal, and quality of life benefits to the City.
B. LAND USE PLAN
This Specific Plan provides a framework of infrastructure and urban design that will accommodate the wide range of commercial/industrial uses anticipated over the life of the Project while remaining consistent with Monterey Park’s suburban character.
New development of Individual Projects may be based on one of the Conceptual Development Plans ( see Figures 4A, 4B, 4 C, and 4D). Development options other than the Conceptual Development Plans are permissible as set forth in the Specific Plan.
C. GRADING CONCEPT
Grading plans for an Individual Project’s building pads, roadways, pedestrian paths, water, sewer, and other utilities will be developed as needed for each Individual Project . Grading may consist of over excavation of soils beneath proposed buildings, to a depth of three to four feet, to remove unsuitable building material.
Limited import for Individual Projects may be necessary , and is permissible , to stabilize soils depending upon the final geotechnical recommendations of a soils engineer.
All grading must be accomplished pursuant to a Grading Plan that contains the following:
a. Best management practices (BMPs).
b. Non-paved areas must be revegetated or restored promptly after installation of utilities using drought- resistant, fast -growing vegetation that would quickly stabilize exposed ground surfaces. Alternative materials rather than reseeding (e.g., gravel) may be used in accordance with the Director’s direction.
c. Runoff must be conveyed in accordance with the approved site drainage plans. d. Energy dissipaters or similar devices may be required at the end of drainpipe outlets to minimize erosion during storm events.
e. Grading cannot occur during the wet season (November 1-April 15) unless erosion control devices acceptable to the City are implemented.
13 f. Grading must be completed such that permanent drainage away from foundations and slabs is provided and so that water does not pond near proposed structures or pavements.
IV. EXISTING UTILITIES AND INFRASTRUCTURE
The intent of this Section is to ensure that the Specific Plan Area is devel oped to support development of the proposed land uses and that on-site and off-site infrastructure systems have adequate capacity to serve the Project at build-out.
Development of Individual Projects may require improving existing infrastructure and services in the Specific Plan Area. Basic utilities, including, water, sewer, and other utilities already exist on- site.
The Government Code requires that a specific plan include text and diagrams that specify “the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.”
This Section of the Specific Plan fulfills this requirement and meets the MPMC requirements for the preparation of specific plans. In addition, this S ection facilitates orderly development by identifying “backbone” utility infrastructure needed to support the proposed development.
A. CIRCULATION
The Specific Plan Area is accessible from Market Place Drive , Potrero Grande Drive , and Paramount Boulevard off the Pomona Freeway. Internal vehicular circulation within the Specific Plan Area is set forth in the conceptual plans (see Figures 4A, 4B, 4C, and 4D).
B. WATER SERVICE
Water service is provided by the Monterey Park Water Utility Division and San Gabriel Valley Water District. New development within the Specific Plan Area will be served a s shown in the Concept Infrastructure Plan (see Figure 3).
C. RECLAIMED WATER
Currently there are no recycled water systems in the Specific Plan vicinity.
14 D. WASTEWATER
Wastewater service is currently provided by Sanitation Districts of Los Angeles County. There is adequate sewer treatment capacity to serve build- out of the Specific Plan Area. The Concept Infrastructure Plan is attached as Figure 3.
E. DRAINAGE
The onsite storm drain system is designed to provide 100% capture during a 25-year storm event (see Figure 3). Detention basin outlets is designed for five-year through 100-year events.
Stormwater conveyance and treatment requirements must meet City and State Water Resources Control Board MS4 Requirements. The treatment types include bioswales, bioretention cells, infiltration trenches, permeable pavement, and/or detention basins , as needed based on the proposed site plan layout.
F. GAS/ELECTRIC/TELECOMMUNICATIONS
Dry utilities are provided by SCE and the Southern California Gas Company (see Figure 3) .
Telecommunications will be provided by Verizon , AT&T, Cox Communications, and/or similar communications entity. No capacity issues are identified by these service providers that would interfere with the build-out of the Specific Plan area.
G. SOLID WASTE DISPOSAL
Solid waste disposal and recycling will be accomplished consistent with the Section V.I below .
Solid waste disposal is provided by Athens Services.
H. FIRE PROTECTION
The Monterey Park Fire Department provides fire protection services in the Specific Plan Are a and has adequate personnel, equipment, and facilities to serve the Specific Plan Area.
I. POLICE SERVICES
The Monterey Park Police Department provides police protection services in the Specific Plan Area and has adequate personnel, equipment, and facilities to serve the Specific Plan Area.
V. DEVELOPMENT STANDARDS
The purpose of this Section is to provide development standards for review and approval by the Director of Individual P rojects proposed for construction within the Specific Plan Area. Such
15 standards include permitted uses, materials , tenant storefronts, lighting , landscaping, signs , colors, parking, setbacks, building height, as well as access and circulation.
A. PERMITTED USES
The uses in Table 1 are permitted within the Specific Plan Area.
TABLE 1
Permitted Uses(1)
(Numbered footnotes are explained below the table)
Alcohol Sale and Service for on- or off-site consumption Art / Collectibles (galleries, sales, and supplies)
Automotive (2)
Banks (3, 4)
Beauty/Health Spa (5)
Bicycle shops (rentals, sales, and repair)
Blueprinting and photocopying (mailbox , UPS, or FedEx
type)
Boat / Marine Supplies, Motorcycle, Motor Sco oter Sales (new or used)
Book or Stationary Store, including Newsstand
Catering Service, Food (not truck catering)
Cellular Phone Store, including Accessories
Cleaners (with no hazardous materials]
Clothing, Shoe, and Accessories (sales and services)
Computer / Software / Technology (7)
Data Center
Department Stores
Drugstore / Pharmacy w/Drive-through (8)
Electronic sales & services, such as Radio Shack
Fitness Center / Gym/ Health Club(9)
Florist / Nurseries
Furniture Store
Gas station
Grocery /Food Store/ Supermarket
Hardware / Home Improvement Store
Hobby /Specialty Store
Indoor Amusement/Entertainment/Arcades (10)
Jewelry, Watches (sales and repair)
Last Mile Distribution Center
Medical/Professional/Administrative/Service Office (11) Music Shop (sales, services, and instruction)
Music/Movie Sale and Rental
Nutritional / Weight Loss Center (12)
Outdoor Dining
Parking (13)
Party Supplies
Pet shop / Pet Super Stores (14)
Photovoltaic Systems, including solar arrays and related infrastructure
Public Utility Substation/Battery Energy Storage System (15)
Restaurants (sit-down & drive-through)
Retail Eating Establishment (6)
Specialty Retail (16)
Sporting goods
Temporary / Seasonal stores & kiosks
Retail warehouse stores & discount club stores
Wholesale and Distribution Warehouse
Wireless Telecommunications Facilities Communications , such as Cellular Sites
Such other uses that the Director may determine are no
more impactful than the above uses and that are otherwise consistent with the Specific Plan.
1. Including all related and accessory uses from time to time and evolution of such uses over time.
2. Automotive uses include automobile (car and truck) dealerships for new or used vehicles (conventional or delivery such as Tesla or Carvana), including automobile preparation, storage, collision and service centers, automobile rentals, automotive parts sales such as AutoZone, O’Reilly Auto Parts, and other similar retail stores, accessory vehicle maintenance and repair located in the interior of a structure or on a surface lot, electrical vehicle charging stations and supporting infrastructure.
3. Maximum of one freestanding bank. Other bank (s) may be permitted if integrated into the premises and operation of retail tenant permitted herein. A bank building and remote ATM is considered one bank and not considered as a separate ATM.)
4. ATM Kiosk (Maximum of two).
5. Beauty/Health Spa includes other related uses such as barbershop, hair salon, nail salon, waxing, and eyebrow salons.
16 6. Retail Eating Establishments include without limitation bakeries, delicatessens, coffee shops, juice bars, and ice cream, frozen yogurt, and candy shops and may contain ancillary drive-through windows.
7. Computer/Software/Technology include s without limitation retail sale/service shops for cable and internet provider companies such as Xfinity, Comcast, AT&T, Dish, Time Warner Cable, T-Mobile, Verizon, Boost Mobile, and others.
8. Drug stores include without limitation cosmetics/beauty supplies/vitamin store.
9. Maximum of one big-box fitness user such as 24 -Hour Fitness, LA Fitness, Crunch Fitness, etc. No limit on small boutique fitness operators such as Soul Cycle, Orange Theory Fitness, CorePower Yoga and other small gyms offering group fitness exercises which are permitted uses.
10. Indoor Amusement/Entertainment/Arcades include without limitation small shops such as internet café, painting, ceramics, and escape room, and larger shops such as indoor trampoline park, go -karting/driving ranges, mini-golf, and movie theaters.
11. Medical/ Professional/ Administrative/ Service Office includes without limitation 1) Professional, service, and administrative offices such as financial, legal, real estate, insura nce offices and travel agency office s; 2) Medical offices including without limitation veterinarian, dental, optometry, urgent care, hospital/acute or urgent care, wellness, plastic surgery, medical clinic, weight loss clinic, and 3) tutoring/education establishments.
12. Nutritional/Weight Loss Center includes instructional classes for yoga, martial arts, music, dance, vitamin/supplement retail stores, and similar uses. The number of establishments is not limited by the number of “fitness centers” as noted in footnote 9 above.
13. Parking and Loading uses include surface, subsurface and structured parking for vehicles, parking and staging for trucks and tractor trailers, bicycle racks and lockers and any parking or loading for on- or offsite uses.as a primary use or accessory to a permitted use.
14. Retail Pet Store including an ancillary veterinarian facility (veterinarian facility floor area not to exceed 1,000 square feet).
15. Public Utility Substation Use includes interconnected Battery Energy Storage Systems provided by the CPUC.
16. Specialty Retail includes retail sales not associated with another permitted use, including without limitation a limited range of products or specialty items.
B. OUTDOOR DISPLAYS AND SEASONAL SALES
1. A Home Improvement use may include outdoor displays (maximum total of 4,250 square feet adjacent to the front entrance of the building), truck rentals (maximum of 10 parked on-site at one time) , and seasonal sales (maximum total of 10,300 square feet adjacent to the east side of the outdoor garden center, a total of 150 days annually).
2. Tenants greater than 50,000 square feet are permitted to include outdoor displa y areas (not to exceed 5% of their leased square footage) and seasonal sales (not to exceed 10% of their leased square footage , a total of 120 days annually). Specific location , duration and size of such areas are subject to the approval of the Director, provided that such areas otherwise comply with the requirements of this Specific Plan and MPMC regulations.
3. All other high-quality tenants with at least 20 stores in California or 50 stores nationally of a similar quality as stores found in other high-quality shopping centers, as determined by the Director are permitted to include outdoor display areas. Specific location, duration and size of such areas are subject to the approval of the Director, provided that such areas otherwise comply with the requirements of this Specific Plan, and MPMC.
4. Other exceptions, such as outdoor display areas or mall- wide seasonal sales, may be
17 granted as determined by the Director.
5. Material staging areas are permitted at the rear of major tenants (75,000 square feet or larger), provided that such staging areas do not encroach in the required 30-foot setback from the property line required pursuant to Section V.E.2.
C. ON-SALE AND OFF-SALE ALCOHOL USES
Within the Specific Plan Area, restaurants serving alcoholic beverages are limited to five alcohol licenses upon approval by the Department of Alcoholic Beverage Control. A maximum of six drive-through uses are permitted within the Specific Plan Area, provided that such establishments meet all other design guidelines and restrictions provided in this Specific Plan.
D. DEVELOPMENT INTENSITY
1. Maximum Permitted Floor Area . The maximum total permitted floor area within the Specific Plan Area may not exceed 600,000 square feet of the land uses described in Table 1.
2. Conceptual Development Plans. Individual Projects in the area that are undeve loped as of the effective date of the Specific Plan (Phase III) may be developed in accordance with one of the following Conceptual Development Plans:
a. Option A inv olves construction of a Last Mile Distribution Center of up to 97,000 square feet of Floor Area (see Figure 4A).
b. Option B involves construction of a Warehouse of up to 175,000 square feet of Floor Area (see Figure 4B).
c. Option C involves construction of an automobile dealership with a collision and/or service center totaling up to 100,000 square feet of Floor Area (see Figure 4C). d. Option D involves construction of up to 150,000 square feet of Floor Area o f retail uses (see Figure 4D).
Any Individual Project may include different uses permitted by the Specific Plan, provided that the Trip Cap is not exceeded. Additional study or analysis, as required by the Director to ensure that the Trip Cap is not exceeded will be provided by project applicant.
The location and distribution of the buildings and parking must be substantially as shown on the Conceptual Development Plans or as otherwise approved by the Director in connection with an Individual Project.
18 3. Trip Cap. The maximum development for the entire Specific Plan Area is limited to 1,213 projected a.m. peak hour, 1,490 projected p.m. peak hour, 2,460 projected Saturday peak hour, and 22,936 projected weekday daily trips from all existing and proposed development.
E. SITE PLANNING STANDARDS
Site Planning Standards are those provisions that affect the site planning of an Individual Project. The categories that relate to this Specific Plan are building height, setback, and parking.
1. Building Height – Building height within the Specific Plan Area is limited to 80 feet, as measured from the adjacent grade. Architectural features are allowed to project an additional 15 feet above the roof line.
2. Floor Area Ratio – Flo or Area Ratio (FAR) is limited to 0.65.
3. Setback – The Site is surrounded by SCE’s right-of-way and the Pomona Freeway. The Site must maintain a 30 -foot setback from property lines adjacent to a public Right-of-Way and the Freeway . The Specific Plan Area is allowed to have zero- foot setback from property lines adjacent to the SCE Easement A reas. All setbacks must be clear to the sky but may include roadways, utility infrastructure, loading, parking, landscaping, and fences and walls.
4. Aisle Width – P arking areas must use a minimum of 24 -foot aisle widths for two -way configurations and a minimum of 12-foot widths for one-way configurations. Parking area aisle widths must be a minimum provide for a minimum 25-foot back-out area for parking spaces. Standard parking stalls must be a minimum 9’ x 18’ stall size. Compact parking spaces are permitted pursuant to Section V.E.5 below.
5. Parking Standa rds – The Site must comply with Applicable Law for handicapped parking area. All such parking stalls must be located reasonably near the storefronts for easy access and be striped and signed in a manner clearly showing the layouts of each parking space.
6. Compact Spaces – T he Site may include compact parking spaces. Compact spaces are those reduced from the standard 9 ’ x 18’ to 7 ‘ 6 “ x 16’. Compact stalls may not total more than 22% of the total required parking space on the site and must be clearly marked as “COMPACT,” with a site layout design approved by the Director.
7. Loading Standards – E very warehousing/storage/light industrial tenant space must be provided with at least one off-street loading dock, bay, or space for every 25,000 square feet of gross floor area. The loading space must be a minimum of 12’ width x 40’ length x 14’ height. Loading docks or bays must be provided for users that require truck loading spaces and that contain more than 50,000 square feet of floor area. Truck loading bays or docks must be located to allow for trucks to back into bays. All loading bays must be screened from sight from the public right-of-way.
19 F. ARCHITECTURE AND DESIGN REVIEW
Architectural plans for Individual Projects that are determined by the Director to be consistent with following design requirements of the Specific Plan will, if otherwise compliant with Applicable Law, be approved by the Director as part of the Project Clearance.
1. Storefronts – The design standards require tenant storefronts for all retail buildings intended for more than one tenant that will ensure high quality design and u se of materials consistent with that of the Specific Plan c oncept and will produce a variety of designs that are individually unique and are consistent with the overall design concept , subject to the Director’s approval. Such storefronts must be created in a variety of volumes and spaces, to maximize each store’s visibility. Storefront design may include awnings, canopies, overhangs, decorative wall treatment, pilasters, lighting fixtures, and other primary architectural elements associated with the overall design concept.
Storefronts are not required for Last Mile Delivery/Warehouse uses or, as determined by the Director, any other use the design or functional requirements of which would be inconsistent with inclusion of a storefront. All storefront improvements and designs must comply with this Specific Plan as determined and approved by the Director.
2. Materials – Th e approved materials for the Specific Plan Area include, without limitation, simulated wood, steel, metal, cement, plaster, aluminum, manufactured stone, bricks and /or stucco or Exterior Insulation Finishing Systems. Typically, the buildings will be blo ck, concrete or masonry tilt-up, wood or steel-framed structures.
3. Colors – Bu ilding colors are guided by , but not restricted to, the surrounding developments and environments. Potential colors for basic building structures within the Specific Plan Area will be, without limitation, as follows:
a. Light shades of earthy tones – whites, br owns, and oranges. b. Other potential accent colors that include greens , browns, oranges, blues, and rust/burgundy tones.
c. Colors related to tenant’s branding and/or trademarks. d. Changes to the color palette of the development must be approved by the Director.
4. Mechanical Equi pment
a. All mechanical rooftop and structure equipment must be fully screened and enclosed in architecturally treated parapets from view of Market Place Drive and the Site ’s parking areas, as required by sight lines.
b. It is prohibited for m echanical equipment to be exposed on the wall surface of a building.
c. Screening materials and color must be compatible with the overall building design.
20 d. It is prohibited for at grade backflow devices, electrical transformers , and other mechanical equipment to be located within the front or street- side setbacks or landscaping, unless located underground, with the exception of public safety features or as may be required by any utility.
5. Building / Fire Standards – The Project must comply with Applicable Law.
6. Wireless Communication Facilities – Any facilities that are used for wireless communication facilities may not exceed the allowable building height and are required to be screened from view or integrated architecturally into the structure they support and shall be subject to the Director’s approval.
7. Approval of T enant Plans –Applicants must submit all proposed tenant building plans to the Director for rev iew. The Director may approve such plans including, without limitation, such additional changes that may be recommended by the Public Works Director, or designee, if they are consistent with this Specific Plan , any previously approved architectural plans for the building, and any prior project approvals relevant to the tenant space.
G. LANDSCAPING
Landscape selections must accentuate the design style of nearby buildings, but matters such as life span of the trees, drought tolerance, colors , and maintenance requirements should also be incorporated into the overall design. Landscape plans require the Director’s approval. All landscaping must comply with the City’s Water Efficient Landscape Regulations.
1. Plant Materials -All p lants must be drawn from the list of suitable plant materials provided in the following table. Exceptions for using other plant materials is allowed subject to the Director’s approval. Interior trees must be at eight feet tall during installation, measured to the top of branches from ground service at tree trunk, with maximum growth height of approximately 30 feet. Exterior trees located along the entryways of the Site must be at least 10 feet tall during installation, and a maximum growth height of approximately 50 feet. There is 15- foot height limit for any plant material under SCE owned overhead power lines.
Table 2
Plan
t Palette
Botanical Name Common Name
Tree Selections
Eucalyptus citriodora Lemon Gum
21 Platanus acerifolia London Plane
Brachychiton populneus Bottle Tree
Koelreuteria bipinata Chinese Flame Tree
Acacia smallii Acacia
Lagerstroemia indica Crape Myrle
Albizia julibrissin Silk Tree
Magnolia Grandiflora Southern Magnolia
Pinus canariensis Canary Pine
Liquidambar styraciflua Sweet Gum
Geijera parviflora Australian Willow
Ulmus parvifolia Chinese Elm
Prosopis Glandulosa Honey Mesquite
Magnolia grandiflora Southern Magnolia
Quercus virginiana Live Oak
Pinus taeda Lobolly Pine
Shrub Selections
Abelia grandiflora Abelia
Carissa grandiflora Natal Plum
Cistus purpureus Rockrose
Lantana montevidensis Lantana
Mahonia aquifolium Oregon Grape
Pennisetum setaceum Fountain Grass
22 Pittosporum varieties Mock Orange
Tecomaria capensis Cape Honeysuckle
Trachelospermum jasminoides Star Jasmine
Xylosma Congestum “Compacta” Shiny Xylosma
Viburnum tinus Laurustinus
Rhaphiolepis varieties Hawthorn
Juniperus varieties Juniper
Hemerocallis ‘Happy Returns’ Happy Returns Daylily
Hex cornuta ‘Burfordii Nana’ Dwarf Burford Chinese Holly Hex vomitoria ‘Nana’ Dwarf Yaupon Holly
Juniperus conferta ‘Blue Pacific’ Blue Pacific Juniper
Lantana montevidensis Gold & Purple Lantana
Rhaphiolepis indica Indian Hawthorn
Groundcover Selections
Fragaria chiloensis Strawberry
Gazania varieties Gazania
Vinca minor Periwinkle
2. Planting Design – Landscaping mu st be provided along Site roadways to accent the entrance and create a framework that flows through the entire Site. Various trees must be planted for aesthetic value and shade in the parking areas . Additional landscaping must be placed near proposed buildings to accentuate architecture style. All undeveloped areas must comply with the City’s Vacant Lot regulations (MPMC § 4.30.060). Landscaping and irrigation plans signed by a landscape architect and/or landscape contractor must be submitted, and approved by the Director . Any variations to the approved plant palette requires Director approval.
23 The design patterns of the Site ’s landscaping must provide both formal and informal groupings of deciduous and evergreen shade trees, flowering shrubbery , and ground cover. The following measures incorporate the landscape design character and visual qualities for development of the Site:
a. Landscaping in the interior of the parking area must be at least 10% of the total area of the parking area. A minimum of three -foot-wide landscaped planter and/or grass area must be located adjacent to all rights-of-way and continuously maintained. b. Landscape plans must include plans for the Landfill Cap area , where no water percolation is permitted. Raised planters and pots must be used for trees, shrubs, and floral materials in this area. Raised planters must be designed to drain into Director approved drainage systems.
c. All landscaping plans must show the location of turf, trees, shrubs, walks, fences, and any ponds, fountains, or other decorative landscaping features:
Indicate soils preparation, where necessary;
Provide a typical planting detail for trees and shrubs; List the botanical and common names of all plants with the quantity of each and their container size;
Clearly portray the location, coverage , and specifications of the permanent automatic irrigation system.
d. Landscaping and irrigation systems must be installed as required in plans approved by the Director.
e. An automatic irrigation system must be installed in all landscaped areas to ensure proper annual irrigation. The Applicant must construct all irrigation systems . These will be segregated into metering zones with individual meters and timers that will provide appropriate irrigation for landscaping throughout the Site. These systems will also have rain and moisture detectors to prevent over irrigation . All systems will be standard in design with typical pop-up heads and flexible raisers. f. Seasonal landscape colors must be provided as necessary , creating a livelier feel to the Site. Potential accent colors, i.e., marigolds, petunias, calendulas, must be placed at accent areas to provide additional color throughout the Site. g. Water features must be surrounded with landscaping. Flower bowls are to be placed at the corners of the fountain to blend with the landscaping and the design style.
3. Site Furnishings – Pedestrian friendly and landscape enhancing improvements must be placed or constructed throughout the pedestrian walkways in front of the main retai l storefronts and the restaurants (except in front of a home improvement store).
Improvements may include be nches, tables, and flowerpots that will complem ent the
24 buildings and landscaping of the Site. Other furnishings may include trash cans enclosed within holders that are also similar in design style and colors that blend in with the overall building style.
4. Screening - A six-fo ot high wall will be maintained to screen the LTP/TDF parcel from all public visibility. Screening of this parcel requires an approximately 20-foot retaining wall along the eastern side and portions of the northern sides of the LTP /TDF parcel boundaries. A heavy landscape treatment of ground cover, shrubs, and tall growing dense trees will be maintained around the LTP/TDF parcel, as permitted by site constraints.
5. Fences - If p ermitted under the SCE Easements, a six-foot high screen will be installed and maintained along the boundary and/or outer edge of the Site, subject to the approval by SCE and the Director. A six-foot fence will be installed and maintained along the Pomona Freeway Right-of-Way, as required per CalTrans standards and subject to CalTrans review and approval. Landscaping with informal groupings of trees, plants, and grass areas shall complement this portion of the Site.
6. Lighting - Ligh ting will create a strong , attractive night identity for the Site. Sele cted elements within the Site will be highlighted with illumination. These elements are selected for the ability to enhance the dimension and character of the building architecture, as well as to promote public safety. Lighting fixtures, including lighted signs, shall be state-of-the-art and energy-efficient and shall be focused down on buildings and in parking lot areas.
All proposed decorative and shoebox light ing fi
xture placements must be designed to
reflect best building practices regarding illuminatio n, visibility, safety , security, and overall presentation for the night identity of the Site. Particular attention must be paid to the illumination of all sidewalks and connecting walkways. Lighting fixtures and standards shall be consistent with respect t o design , materials, colors, and the established architectural building. All lighting shall be confined within the Site and the east access road. Lighting requires approval by the Police Chief, or designee, in addition to the Director.
a. Style – Lighting fixtures in the areas of building structures, eaves, and pedestrian areas will give support to the architectural elements.
b. Interior Parking Lot, Greenwood Avenue , and Market Place Drive – Lighting must be provided by the combined use of up to 1,000 -watt, 4-Way, 3-Way, 2-way, or 1- way entablature with 40-foot-high poles (measured from the bottom of the concrete base) with “shoebox” style fixtures to flow with the style of the buildings. Within the main interior parking areas, these lighting poles are to be p laced in every other row of parking aisles . All poles will have a sufficient illumination radius area to cover the aisles and to provide visibility.
25 c. Parking Aisles – The restaurant pads and the home improvement center may have up to 1,000-watt 3-and 2-way or 1-way entablature with 40-foot shoebox poles that are positioned to properly illuminate these areas . Positioning of the interior lights will create an average of three footcandles and not less than two footcandles within all areas of the interior aisles and not less than one footcandle at exterior aisles. d. Boundaries – The use of 400-watt 1-way entablature with 30-foot shoebox poles shall be situated and maintained along the boundaries of the Site or a 2 -way entablature along the main drive aisle that connects Market Place Drive and Greenwood Avenue to serve both the main drive aisle and the adjacent parking. The illumination will not only identify the Project perimeter but also support security measures within the retail center and the parking areas that are located along the boundary of the Site. e. Freeway Boundary – Proper lighting will be placed and maintained along the Pomona Freeway edge of the Site to enhance the development.
f. Illumination Intensity – Light spill beyond parking lots or roadways on the perimeter of the Site may not be greater than 0.5 footcandl es. Light sources must be shielded and focused to reduce visibility from residential areas and the adjacent Pomona Freeway, while maintaining pub lic safety and adequate lighting to ensure sign visibility.
g. Security – All buildings and structures must provide proper lighting fixtures to illuminate the areas at the back of each store and the side of each building to assure proper visibility and security. Except as otherwise expressly provided in the Specific Plan, the minimum lighting level for the Specific Plan Area is one footcandle. h. Indirect lighting – Indirect illumination of building and landscaping will be utilized to accentuate architectural features , to create interest on large wall sections , and to uplight trees and water features. The lighting plan requires Director approval. i. Illumination Levels – Use of a variety of lighting height levels at entries, plazas, parking lots, landscaping , fountains, and other areas where evening activity is expected to create an exciting nighttime environment.
j. Decorative Lighting – Decorative light poles with ornamen tation associated with the design style will be installed and maintained in pedestrian areas and walkways .
Decorative wall lights must also be incorporated into storefront designs at regular intervals.
k. Entryway – Decorative light poles will be located alon g Market Place Drive to accent the roadways leading into the main interior retail area and provide a smooth transition of decorative lighting to standard interior lighting fixtures. Along with other amenities, these lighting designs and locations are formulated to promote pedestrian friendliness, as well as safety and security.
26 H. SIGNS
A Master Sign Program (MSP) must be submitted for Phase III for Director approval, and must incorporate the MSP for Phase I and II of the development. The MSP must include all exterior signs including the location, type, height, and size of such signs for Phase III. This Section of the Specific Plan sets forth some overall design concepts and philosophy to be further refined by the MSP. The total signage is the Specific Plan Area must substantially conform the following standards.
1. Freestanding Signs – A combination of freestanding signs varying in size and height are proposed to create the initial identity for the Site and the identification of major tenants.
They are located to provide direction for the Specific Plan Area. All characters, letters, logos, and other information on signs must be coordinated in placement, colors, size, and location in conformance to the Specific Plan’s design theme and compatible signage that is comparable with typical regional retail centers. Table 3 reflects the types, numbers and the sizes of the freestanding signs associated with the Project.
Table 3
Free
Standing Signs
Type: Area / Face
Pylon Signs (Up to 3) Tenant: 900 SF each, 5,400 SF total Property Identification: 200 SF each , 1,600 SF Total:
7,000 SF
Maximum Height: 75 feet
Tenant Freeway Obelisk Signs (Up to 8) 75 SF each, 1,200 SF total Maximum Height: 25 feet Monument Identity Signs (Up to 4) 200 SF each, 1,600 SF total Maximum Height: 17 feet
Entry Identity Signs (2) 250 SF each, 1,000 SF total
Maximum Height: 17 feet
Signs over LTP/TDF
Flares (1)
Tenant: 2,500 SF
Property Identification: 1,200 SF
Total: 3,700 SF Maximum
Height: 65 feet
27 2. To identify the Site, the following types of signage and their locations reflect the development design concept:
a. Entry Identity Sign – The entry identity signs will be located at the “ grand entrances” leading into the Site. The se signs consist of tenant identification, as well as Project identification. Two entry identity signs , one placed at the main entry located at the southwest corner of Market Place Drive and Paramount Boulevard, and one placed at Potrero Grande Drive and Greenwood Avenue, will highlight the Site entry areas. b. Monument Identity Sign – Up to four monument identity signs will be us ed as key entry signs:
Up to two monument identity signs will be located at each side of the Market Place Drive entry near Neil Armstrong Street, near the retaining wall and the sidewalks.
These signs will be similar in design , color, and material to the pylon signs described below.
Up to two more monument identity signs will be positioned close at the western end of the Site.
Up to eight tenant obelisk signs will be evenly spaced at the Site boundary along the Pomona Freeway. The design and location of these signs is to promote store and Project awareness . The major tenants of the Specific Plan Area may display their own name and/or logo on these si gns. These signs may also include directional information to the Site. Signs will be internally illuminated and may contain accent lighting.
c. Up to three pylon signs will be placed near the southern Site boundary . They will be located approximately 1,000 feet apart from each other. The p ylons may accent the major tenants’ identities for visibility from both sides of the Pomona Freeway. The overpass, the Pomona Freeway curves, and the Pomona Freeway ’s changes in elevation warrant the height of these three signs.
d. One sign is proposed to cover the existing LTP /TDF 60-foot flares. The flares are 10 feet in diameter and are separated b y approximately 20 feet. The sign will have four sides and will reach across both flares. The look of the sign will be consistent with the other proposed project signs . Although the flares are 60 feet tall , the sign will only cover approximately the top 50 feet, given that the grade of the LTP/TDF site will be five to 20 feet below the proposed grade.
3. Wall Signs –Ph
ase III wall signs will be designed to conform to tenant design standards for color. Wall signs will be located on the front elevations of each building and in some instances on secondary elevations.
4. Digital Displays. An y sign permitted by the Specific Plan may include a digital display or electronic message board.
28 5. Sign Limitations – The purpose of the MSP is to ensure that sign designs are appropriate for the buildings, stores , and the surrounding context, contribute to the Spe cific Plan Area’s identity, and are visually attractive. The following limitations denote the Site’s sign approaches and types:
a. Tenant identification sign age may not extend above structure rooflines. b. Freestanding signs must be constructed of both individual channel letters and canned signs (only as tag line s). Wall signs will be constructed of individual channel letters with logos and tag lines, which may be constructed of canned signs with approval by the Director.
c. Signs may display only corporate identity. Secondary signs are allowed to display tenant’s general products or services offered such as: Garden Center, Installation, Pharmacy, etc.
d. Banners are limited to the first 30 days of a store opening within the Specific Plan Area. Additional special event and seasonal sales banners are permitted for a maximum of three times per year for a duration of 45 days each and once per year for a duration of 60 days per tenant. Banners may be approved by sign permit. e. Absent voter approval, all Offsite Signs including , without limitation, billboards , outdoor advertising structures, and electronic message boards, are prohibited pursuant to MPMC § 21.24.220.
f. All signs must comply with the lighting standards above.
I. REFUSE FACILITIES
For proper waste management practices, trash enclosures and/or equipment will be strategically located in the rear of each building, if feasible. Gates must be six-foot-high. Major tenants may have their own waste management areas within their building footprints to maintain the proper visual aesthetics of the Specific Plan Area. Public waste management wi ll be accomplished by placing on -site furniture , such as waste receptacles and ash urns, throughout the Site . To minimize solid waste generated by the Project, the following measures must be implemented:
1. Construction Phase – During Project construction, the following practices must be implemented to the maximum extent feasible:
a. Off-site l ocations for construction waste exported from the Site and options for disposal of excess material should be identified. These options may include recycling of materials on-Site, sale to a broker or contractor, sale to a project in the vicinity , or transport to an environmentally cleared landfill.
29 b. Individual Project applicant s should offer recyclable building materials , such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if all cannot be reused on the Site.
2. Operation Phase – During Project operations, the following practices must be implemented, to the maximum extent feas ible, by the Project tenants within their buildings and will be specified in lease agreements between the Applicant and individual tenants:
a. Recovery of materials su ch as aluminum and cardboard; b. Collection of office paper for recycling;
c. Collection of polystyrene (foam) cups for recycling; d. Collection of glass , plastics, kitchen grease , laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery.
3. Design Features – The Applicant(s), tenants, and/or owner(s) of the Specific Plan Area are required to implement design features to support solid waste reduction programs, such as:
a. Identifying the lo cation and design of on-site recycling facilities; b. Providing on-site recycling receptacles to encourage recycling; c. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing; d. Providing trash compactors for non-recycling materials to reduce the total volume of solid waste and the number of trips required for collection; and e. Providing on-site recycling receptacles in feasible locations accessible to the public to encourage recycling for all businesses, employees, and patrons.
J. ACCESS AND CIRCULATION
The Specific Plan Area is accessible from Potrero Grande Drive, and Paramount Boulevard off of the Pomona Freeway. Market Place Drive serves as the main public/private roadway through the Specific Plan Area. See Figure 2.
K. TRIP REDUCTION AND TRAVEL DEMAND MEASURES
Reduction of trip and travel demand measures are provided in accordance with Applicable Law.
Before any development is approved within the Specific Plan Area, Applicant(s) must provide for all of the following applicable transportation demand management and trip reduction measures to promote better air quality. The Project must comply with the Development Standards for
30 Nonresidential Development of 100,000 square feet and also provide all of the following measures to the satisfaction of the Director and Public Works Director:
1. Displayed Information – A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employee s are likely to see it.
Information must include, without limitation, the following:
a. Current maps, r outes and schedules for public transit serving the Site; b. Telephone numbers for referrals on transportation information, including numbers for regional ridesharing agency and local transit operators; c. Ridesharing promotional materials supplied by commuter-oriented organizations; d. Bicycle route and facility information , including regional/local bicycle maps and bicycle information;
e. A list of facilities available for car- poolers, vanpoolers, bicyclists , transit riders and pedestrians at the Site.
2. Van Pool – Not less than 10% of employee parking area must be located as close as is practical to the employee entrance(s), and be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs.
A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation informati on board. Spaces will be signed/striped as demand warrants .
Adequate turning radii and parking space dimensions shall also be included in van pool parking areas.
3. Bicycles – Bi
cycle racks or other secure bicycle parking must be provided:
a. To accommodate four bicycles per the first fifty thousand square feet of nonresidential developments;
b. One bicycle per each additional fifty thousand square feet of nonresidential development. Calculations, which result in a fraction of 0.5 or higher, shall be rounded up to the nearest whole number;
c. Bicycle facilities, such as showers, lockers, and changing spaces, must be provided for every tenant employing more than 80 employees per shift, and separate facilities for all genders must be provided for tenants employing more than 160 employees per shift;
d. A bicycle parking facility may also be fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather, e.g., racks, lockers, or locked room, must be provided.
31 4. Safety – A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.
5. Sidewalks – Sid ewalks or other designated pathways following direct and safe routes must be maintained from the external pedestrian circulation system to each building in the development.
6. Circulation – S afe and convenient access must be maintained from the external circulation system to bicycle parking facilities on Site.
7. Employee Parking – Em ployee parkin g must be adequately provided within the total number of parking spaces planned for the Site . During peak shopping periods, off -site parking for employees may be instituted.
8. Roadway and Intersection Improvements –
Applicant(s) are responsible for on- site roadways and intersections improvements and off-site improvements (collectively, the Traffic Improvements) as required by the Director.
The Applicant(s) must seek approval for timely construction of the Traffic Improvements from all affected public entities, including the City of Montebello and CalTrans. Before the City issues a building permit for an y Individual Project , the Applicant must establish assurances, to the satisfaction of the City Engineer and/or other approving agencies, for the construction of the T raffic Improvements. Before the City issues a final certificate of occupancy, the Applicant must provide improvement design plans satisfactory to the City Engineer and/or other approving agencies and construct all the Traffic Improvements. For any Traffic Improvements under the jurisdiction of the City of Montebello and/or CalTrans that have not been completed before the Applicant seeks its first certificate of occupancy for an Individual Project , the C ity may issue a temporary certificate of occupancy, provided that the A pplicant first provides to the City written documentation confirming that another party committed sufficient funds for the construction of the Traffic Improvements required to be constructed at that time. Should the Applicant fail to provide such confirmation, the Applicant must place adequate funds (as mutually agreed upon by the Project applicant and the applicable entity) to fully construct such improvements in an escrow account to be used only for construction of the o ff-site improvements. Should the applicable entity does not approve plans to construct the off- site improvements within five years from the date the Applicant deposits such funds, any funds not being used to complete planned improvements will be returned to the Applicant.
32 L. PARKING
1. Supersedes MPMC Requirements . Where this Specific Plan contains language or standards that require more parking or permit less parking than the MPMC , this Specific Plan supersedes the MPMC.
2. Parking Requirements . Indi vidual Projects must provide parking in accordance with MPMC requirements for each proposed use, taking into account opportunities for shared parking with other proposed and existing uses and existing parking spaces.
3. Alternative-Fuel ed Vehicles. Preferential parking spaces for alternative -fueled vehicles, including electric vehicles and/or compressed natural gas, must be provided in the Site as required by Applicable Law . A minimum of two spaces must be equipped with vehicle recharging stations with both conductive and inductive charging capabilities. In no event, however, may the Site provide fewer vehicle charging stations than required by Applicable Law.
M. TRIP GENERATION
The Director must confirm that the number of a.m., p.m., and Saturday peak hour and daily trips for a proposed Individual Project , based on a trip generation memorandum prepared by the Applicant’s transportation engineer, to determine whether or not such trips would cause the Trip Cap to be cumulatively exceeded . The Applicant may receive a t rip credit for an existing or previous entitlement and/or use that was or will be discontinued.
Trips for an Individual Project having more than one use will be calculated by adding together the trips generated by the portion of floor area of the Project devoted to each use unless the Director, based on reasonable methods, determines otherwise.
The Applicant’s trip generation memorandum will be based on the then-current Institute of Transportation Engineers (ITE) Trip Generation Handbook, or such alternative rates determined to be appropriate by the Applicant’s transportation engineer and approved by the Director. The determination of trips will reflect diverted and pass-by traffic trips, the effect of interaction of on-site mixed -use development, the proximity of the Project to mass transit facilities, and implementation of other transportation demand management measures.
If the Director disagrees with any of the trip generation factors as applied to an Individual Project, the Applicant may submit a proposed alternative trip generation factor for the Project, along with a traffic generation study prepared by transportation engineer, for review by the Planning Agency. Upon receiving such a study from the Applicant, the Director will cause the City Clerk to schedule a public hearing before the Monterey Park Planning Agency in accordance with the MPMC. Within 45 days after conducting a public hearing, the Planning Agency will issue written
33 findings that approve, disapprove , or conditionally approve the proposed alternative Trip generation factor as the Trip generation factor for the Individual Project.
VI. INDIVIDUAL PROJECT APPROVALS
A. PROJECT CLEARANCES AND ADMINISTRATIVE DESIGN REVIEW
1. Unless otherwise exempt, an Applicant must obtain a Project Clearance from the Director before the City issues any permit for an Individual Project.
2. The Director will issue a Project Clearance if the Individual Project is in substantial conformance with applicable provisions of this Specific Plan and other Applicable Law and the applicable mitigation measures from the SEIR in Appendix A.
3. The Applicant must pay the necessary fees consistent with the provisions of this Specific Plan and other Applicable Law.
4. The Director will approve, without change or modification, an Individual Project if it is substantially consistent with a Conceptual Development Plan and the design requirements of this Specific Plan. An Applicant may submit an alternative site plan, which the Director will review as provided in Section A.2 above.
5. The Director’s approval of an Individual Project also constitute s an administrative clearance of design review pursuant to MPMC § 21.36.060.
6. Should the Director determine that an Individual Project is in consistent with the Conceptual Development Plans or other requirements of the Specific Plan other than design requirements, the Director must provide detailed written findings as to any inconsistency to the Applicant. The Applicant may revise and resubmit the application or appeal the Director’s decision as provided in Chapter VIII below.
7. If the Director determines that an Individual Project is inconsistent, or is unable to determine consistency, with the design requirements of the Specific Plan, the Director may refer the matter to the Design Review Board or Planning Commission to consider in accordance with the design review provisions of the MPMC . The Design Review Board may make recommendations to the Planning Commission , or the Planning Commission may, on its own authority, determine consistency with the design requirements of the Specific Plan. The Applicant may revise and resubmit to the Director for reconsideration of any design found to be inconsistent or appeal the decision as provided in Chapter VIII below
34 B. DIRECTOR’S REVIEW
The Director’s review and approval of a Project Clearance is an administrative clearance . The Director will act within 30 days after receiving an application for an Individual Project. If the Director fails to act within 30 days, the Individual Project is deemed approved. In approving a Project Clearance, the Director may impose conditions of approval as deemed necessary and those conditions of approval and SEIR mitigation measures set forth in Exhibit 1 that are applicable to the Individual Project. None of the actions by the Director under this Section VI are considered to be discretionary or require any CEQA review.
C. ADVISORY DETERMINATION
An Applicant may request, at the Applicant’s cost, that the Director conduct a preliminary review of an Individual Project application for an advisory non-binding determination of compliance with the provisions contained in this Specific Plan.
D. RIGHTS GRANTED UNDER PROJECT CLEARANCE
A Project Clearance indicates compliance with this Specific Plan and the Applicable Law.
E. PROJECT CLEARANCE EXPIRATION
A Project Clearance, including a design review consistency approval granted in accordance with the MPMC for an Individual Project, expires 36 months after the approval date unless within such period physical construction of the Individual Project is commenced and/or the beginning of the authorized use commenced, or the City grants a time extension in accordance with this Section.
The Director may grant a one-year extension, for good cause shown, before the initial time period expires.
VII. ADMINISTRATION OF SPECIFIC PLAN
A. DIRECTOR AUTHORITY
1. The Director may implement this Specific Plan in accordance with Applicable Law.
2. The Director may interpret this Specific Plan. In the event that a specific use or type of use is not listed as a permitted use, the Director may determine whether the proposed use is similar to a permitted use and whether the use is permitted, permitted subject to conditions, permitted as a temporary use, or prohibited. In determining “similarity,” the Director must make all of the following findings:
35 a. The proposed use meets the intent of, and is consistent with, the goals, objectives and policies of the general plan and the Specific Plan;
b. The proposed use does not adversely impact the public health, safety , and general welfare of the City’s residents; and
c. The proposed use shares characteristics common with, and is not of greater intensity or density or does not generate more env ironmental impacts than, those uses listed in the permitted uses section.
B. AMENDMENTS
1. This Specific Plan may be amended in the same manner as required for the adoption of Specific Plan.
2. The following changes to a Specific Plan require a Specific Plan amendment:
a. Changes to the text or maps other than (i) the addition of information that does not change the effect of any regulation , or (ii) changes to a Conceptual Plan that are in substantial conformance with the Specific Plan.
b. Changes in any Specific Plan Area boundary.
c. Increases in the specified density for the Specific Plan Area , except as expressly authorized under the Specific Plan.
d. Increases in Trip Caps.
e. Changes in standards or regulations, including landscaping and design standards , e
xcept to the extent the changes constitute a Minor Modification, as set forth in MPMC § 21.32.030.
C. ADMINISTRATIVE MODIFICATIONS
1. The Director is authorized to make technical corrections, in a form approved by the City Attorney, to maps, diagrams, tables, and other similar documents that may be required to reconcile the changes made by this Specific Plan and Applicable Law.
2. In addition, the Director is authorized to make the following technical amendments, in a form approved by the City Attorney:
a. Realignment or modifications to internal streets serving the project, lot lines, easement locations, and grading adjustments, if approved by the City Engineer. b. Minor modification to design criteria such as paving treatments, architectural details, and related criteria.
c. Minor modification to landscape treatments, fencing, lighting, pedestrian paths , and entry treatments, provided the modifications are in substantial conformance with the
36 purpose and intent of the specified design criteria.
D. TIME LIMITS
Any time limit established by this Specific Plan may be extended by mutual agreement between the applicant and the Director, the Planning Agency, or the City Council, as the case may be. Any time limit must be extended to the extent of force majeure events.
VIII. APPEALS
A. APPEALS
1. Appeal of Director actions. The Applicant may appeal any final action or decision of the Director regarding design review to the Planning Agency.
2. Appeal of Planning Commission actions . The Applicant may appeal any final action or decision of the Planning Commission to the City Council.
IX. CONDITIONS OF APPROVAL AND MITIGATION MEASURES
A. CONDITIONS OF APPROVAL AND MITIGATION MEASURES
The conditions of approval, and the Mitigation Monitoring and Reporting Program adopted for the Specific Plan, both of which are included in Exhibit 1, are incorporated by reference, and are part of this Specific Plan, as if set forth in full in this Section IX.
37 LIST OF FIGURES AND EXHIBITS
Figures
Figure 1: Specific Plan Area
Figure 2: Market Place Aerial – Local Access
Figure 3: Concept Infrastructure
Figure 4A: Option A – Last Mile Distribution Center
Figure 4B: Option B – Warehouse
Figure 4C: Option C – Automobile Dealership
Figure 4D: Option D – Retail
Figure LU-1: Land Use Planning Area (2020 Land Use Element) Figure LU-4: Land Use Policy Map (2020 Land Use Element Figure C-4: Bicycle Route Plan (2001 Circulation Element) Exhibits
Exhibit B: Mitigation Monitoring Program
ENTRANCE
EXIT
A1
COMPACTOR
COMPACTOR
T
NO PARKING
SOP
RETAIL "A"FUEL CENTER
156,450 S.F.
FF=398.50
RETAIL "A"
EXISTING LTP
TO REMAIN
BUS
VAN
VAN
TSOP
MPPD
64SF
40SF
89SF
28SF
86SF
35SF
EMPLOYEECARPOOL AND
VANPOOL
48SF
40SF
VAN
SDMH
SDMH
SDMH
SDMH
25SF
MPPD
40SF
40SF
40SF
51SF
63SF
EMPLOYEECARPOOL AND
VANPOOL
145SF
145SF
130SF
50SF
34SF
VAN
60SF
CARPOOL/
VANPOOL/
EV
CVEV
CARPOOL/VANPOOL/
EV
CVEV
CARPOOL/VANPOOL/
EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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EV
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CARPOOL/VANPOOL/
EV
CVEV
CARPOOL/VANPOOL/
EV
FEV
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FEV
FEV
FUTURE
ELECTRICVEHICLE
FUTURE
ELECTRICVEHICLE FEV
FUTURE
ELECTRICVEHICLE FEV
FUTURE
ELECTRICVEHICLE FEV
FUTURE
ELECTRICVEHICLE FEV
FEV
CVEV
FUTURE
ELECTRICVEHICLE FEV
FUTURE
ELECTRICVEHICLE FEV
CARPOOL/VANPOOL/
EV
FUTURE
ELECTRICVEHICLE FEV
FUTURE
ELECTRICVEHICLE
CARPOOL/
VANPOOL/
EV
CARPOOL/
VANPOOL/
EV
CVEV
CARPOOL/VANPOOL/
EV
CVEV
CVEV
CARPOOL/
VANPOOL/
EV
CARPOOL/
VANPOOL/
EV
CVEV
CARPOOL/
VANPOOL/
EV
CVEV
CARPOOL/
VANPOOL/
EV
CVEV
CARPOOL/
VANPOOL/
EV
CVEV
CVEV
CARPOOL/VANPOOL/
EV
CARPOOL/VANPOOL/
EV
CVEV
CVEV
CARPOOL/VANPOOL/
EV
CVEV
CARPOOL/
VANPOOL/
EV
CVEV
CARPOOL/
VANPOOL/
EV
CARPOOL/VANPOOL/
EV
CVEV
CARPOOL/
VANPOOL/
EV
CVEV
CARPOOL/
VANPOOL/
EV
CVEV
CVEV
CARPOOL/VANPOOL/
EV
FEV
FEV
FEV
FUTURE
ELECTRICVEHICLE
EV
AEV
AEV
FEV
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE FEV
FUTURE
ELECTRICVEHICLE
FUTURE
ELECTRICVEHICLE
T.E.
RETAIL "B"10,982 S.F.
FF=394.50
FEVFEV
FAEVFEV
UP LOBBYASR
45 SF
ELEC. RM.
210 SF
UP
RESTROOM
MEN'S
RESTROOM
WOMEN'S
MARKET PLACE DRIVECL
JOB NO:
DATE:
REVISION #:
CHECKED:
DATE:
DATE:
OF
NO. DESCRIPTION BY DATE CHK DRAWN:
REVISIONS
NO. DESCRIPTION BY DATE CHK 701 N. Parkcenter Drive
Santa Ana, CA 92705
p: 714/560/8200 f: 714/560/8211
www.tait.com
Since 1964
Los Angeles
Ontario
Sacramento
San Diego
San Francisco
Boise
Dallas
Denver
Phoenix
Portland
701 N. Parkcenter Drive
Santa Ana, CA 92705
p: 714/560/8200 f: 714/560/8211
www.tait.com
Since 1964
Los Angeles
Ontario
Sacramento
San Diego
San Francisco
Boise
Dallas
Denver
Phoenix
Portland
2 MONTEREY PARK MARKETPLACE
GREENWOOD AVE AND MARKETPLACE DR
MONTEREY PARK, CA
MONTEREY PARK RETAIL PARTNERS, LLC
1260 STELTON ROAD
PISCATAWAY, NEW JERSEY 08854
N
OVERALL UTILITY EXHIBIT
1 MATCH LINE - SEE SHEET 2 MATCH LINE - SEE SHEET 2
UTILITY LEGEND
FIGURE 3 (PAGE 1 OF 2)
RETAIL "D"
OUTDOOR
GARDEN CENTER
YIELD
MPPD
106,299 S.F.
FF=400.75
28,118 S.F.
RETAIL "A"FUEL CENTER
Tectonic Copyright 2007
Tectonic Copyright 2007
VAN
VAN
VAN
PAD 4
3,867 S.F.
RESTAURANTFF=411.00
BUS
86SF
MPPD
19SF
50SF
48SF
64SF
66SF
52SF
30SF
125SF
47SF
44SF
45SF
EMPLOYEE
CARPOOL ANDVANPOOL
EMPLOYEE
CARPOOL ANDVANPOOL
EMPLOYEE
CARPOOL ANDVANPOOL
EMPLOYEE
CARPOOL AND
VANPOOL
EMPLOYEE
CARPOOL AND
VANPOOL
EMPLOYEE
CARPOOL AND
VANPOOL
EMPLOYEE
CARPOOL AND
VANPOOL
VAN
SDMH
SDMH
SDMH
SDMH
FF=395.50PAD=394.67
MPPD
52SF
19SF
50SF
66SF
38SF
165SF
185SF
40SF
44SF
40SF
50SF
246SF
135SF
EMPLOYEE
CARPOOL ANDVANPOOL
EMPLOYEE
CARPOOL AND
VANPOOL
EMPLOYEE
CARPOOL AND
VANPOOL
20SF
40SF
95SF
44SF
NO
PARKING
19SF
4,526 S.F.
PAD 3
RESTAURANT
FF=408.60
19SF
YIELD
VAN
FEV
FUTURE
ELECTRICVEHICLE
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FEV
FEV
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
FEV
FEV
FUTURE
ELECTRICVEHICLE
FUTURE
ELECTRICVEHICLE
FEV
FEV
FUTURE
ELECTRICVEHICLE
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE FEV
FUTURE
ELECTRICVEHICLE FEV
FUTURE
ELECTRICVEHICLE
FUTURE
ELECTRICVEHICLE
FEV
FEV
FUTURE
ELECTRICVEHICLE FEV
FUTURE
ELECTRICVEHICLE FEV
FUTURE
ELECTRICVEHICLE FEV
FEV
69SF
EMPLOYEE
CARPOOL AND
VANPOOL
PAD 2B2,700 S.F.
EMPLOYEE
CARPOOL AND
VANPOOL
VAN
CA/EV
CA/EV
CA
CA
30SF
25SF
SBX
290 S.F. PATIO
1050 S.F.PATIO
CA
CA/EV
CA/EV
CA/EV
FEV
FUTURE
ELECTRICVEHICLE
CA/EV
AEV
CA/EV
CA/EV
CA/EV
FEV
CA/EV
CA/EV
CA/EV
CA CA
CACA
CA/EV
CA/EV
CA/EV
LOADING ZONE
NO PARKING
CA/EV
CA/EV
CA/EV
CA
CA
CA
CA/EV
CA/EV
CA/EV
CA/EV
CA/EV
CA/EV
CA/EV
CA/EV
CA/EV
27SF
LOADING ZONE
NO PARKING
LOADING ZONE
NO PARKING
FUTURE
ELECTRICVEHICLE
KEEP
CLEAR
KEEP
CLEAR
RIGHTTURN
ONLY
FEV
VEHICLE
FUTURE
ELECTRICVEHICLE
FEV
FUTURE
ELECTRICVEHICLE
VAN
PAD 2A4,300 S.F.
16SF
PAD 1
VAN
9,777 S.F.
FF=404.25
BWW
VAN
15,000 S.F.
FF=400.50
RETAIL "C"
FEVFEVFAEV
FEV
FAEV
FEV
FEV
FEV
FEV
FEV
FEV
FEV
FEV
FEV
FAEV
FAEV
FEV
FEV
FEV
PAD=409.92
PAD=407.60
T.E.
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
FF=405.00
FF=405.35
DO NOT ENTER
KEEP
CLEAR
KEEP
CLEAR
66SF
84SF
FEVFEVFEV
EMPLOYEECARPOOL AND
VANPOOLEMPLOYEECARPOOL AND
VANPOOLMPPD
KEEP
CLEAR
JOB NO:
DATE:
REVISION #:
CHECKED:
DATE:
DATE:
OF
NO. DESCRIPTION BY DATE CHK DRAWN:
REVISIONS
NO. DESCRIPTION BY DATE CHK 701 N. Parkcenter Drive
Santa Ana, CA 92705
p: 714/560/8200 f: 714/560/8211
www.tait.com
Since 1964
Los Angeles
Ontario
Sacramento
San Diego
San Francisco
Boise
Dallas
Denver
Phoenix
Portland
701 N. Parkcenter Drive
Santa Ana, CA 92705
p: 714/560/8200 f: 714/560/8211
www.tait.com
Since 1964
Los Angeles
Ontario
Sacramento
San Diego
San Francisco
Boise
Dallas
Denver
Phoenix
Portland
2 MONTEREY PARK MARKETPLACE
GREENWOOD AVE AND MARKETPLACE DR
MONTEREY PARK, CA
MONTEREY PARK RETAIL PARTNERS, LLC
1260 STELTON ROAD
PISCATAWAY, NEW JERSEY 08854
N
OVERALL UTILITY EXHIBIT
2 MATCH LINE - SEE SHEET 2 MATCH LINE - SEE SHEET 2
MATCH LINE - SEE BOTTOM LEFT
MATCH LINE
SEE TOP RIGHT
UTILITY LEGEND
FIGURE 3 (PAGE 2 OF 2)
TSOP
EXISTING LTPTO REMAIN
TSOP
64SF
35SF
48SF
40SF
60SF
CVEV
CVEV
CARPOOL/VANPOOL/
EV
CARPOOL/VANPOOL/
EV
CARPOOL/VANPOOL/
EV CVEV
CARPOOL/VANPOOL/
EV
CVEV
CVEV
CARPOOL/VANPOOL/
EV
TSOPTSOP
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
XXXXXXXXXXXXXXX XXXXXX XXXXXX
261'-3"
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
Armada Van
24' x 8'
DO NOT ENTER
57'-0"47'-0"50'-0"58'-0"47'-0"47'-0"59'-0" 57'-0"
UP
UPDN
UP
UPDN
UP
UP DN
UP
UP DN
190
25 375'-0"
140'-0"
60'-0" 80'-0"
6 32
26 23
15 12
3 18
15 5
12 VAN
23 FIRE LANE
FIRE LANE
OFFICE
DO NOT
ENTER
UP
DN
WB-67
WB-67
WB-67
WB-67
WB-67
WB-67
WB-67
WB-67
WB-67
MARKET PL DR
1 26'-0"18'-0"18'-0"26'-0"18'-0"18'-0"26'-0"18'-0"18'-0"26'-0" 8'-0"
18'-0"
18'-0"
6'-6"
26'-0"
18'-0"
26'-0"
18'-0"
18'-0"
26'-0"
20'-0" 26'-0"
9'-0" TYP.
8'-0"8'-0"
30'-0" 27'-0"27'-0"
11'-0" TYP.
SIDEWALK
(VAN DRIVER ACCESS TO BUILDING)
30'-0"
42'-0"
40'-0"
35'-0"
27'-4"
11'-4"
24'-0"24'-0"
54'-0"
30'-0"
49'-6"40'-0"48'-2"
29'-8"
13'-0"
13'-6"
30'-0"
100'-0"Ø
13'-6"
30'-0"
30'-0"
2 38'-10"
12'-4"
24'-0"
3 4
ASSOCIATE TRAFFIC FLOW DIRECTION
DSP/FLEX TRAFFIC FLOW DIRECTION
DSP/FLEX RETURN TRAFFIC FLOW DIRECTION
TRUCK TRAFFIC FLOW DIRECTION
VAN PERSONAL TRAFFIC FLOW DIRECTION
ASSOCIATE DRIVE AISLE = 26'-0" PER CITY STANDARDS
(24'-0" TYPICAL)
CLEARANCE BEHIND LAST QUEUING PAD = 49'-6" DUE TO SITE CONSTRAINTS. (±71'-0" TYPICAL)
CLEARANCE IN FRONT OF FIRST LAUNCH PAD = 48'-2" DUE TO SITE CONSTRAINTS. (70'-2" TYPICAL)
ALTERNATE BYPASS LANE/QUEUING CONFIGURATION USED DUE TO SITE CONSTRAINTS.
1 2
3 4
MARKETPLACE DR.
MONTEREY PARK, CA 91755
Project Number:
© 2020 Architects Orange, LLP dba AO These plans are copyright protected. Under such protection unauthorized use is not permitted. These plans shall not be reproduced or used without written permission by AO.
Plan Check Number:
SEAL
v6.6
CONSULTANT
MONTEREY PARK
DELIVERY STATION
dellacJun/28/2021 10:53 PMborder last saved: by:
2021-241xxxx
MONTEREY PARK
SCALE: 1" = 40'-0"
This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. 1 SITE CONCEPT - OVERALL SITE PLAN1"=40'-0"
N
0 5' 20' 40' 60'10'80'
40'
dellacJun/28/2021 10:53 PMdwg last saved: by:
S H E E T
sheet plotted:
drawing file name:
Jun/28/2021 @ 10:54 PM
p:\2021-241 jmp - monterey park\design\site design\monterey park_multi level layout_2021-06-24.dwg FIGURE 4A
(Page 1 of 2)
2 TRAFFIC FLOW LEGENDN.T.S.
3 SITE DESIGN INFORMATIONN.T.S.
4 PARKING BREAKDOWNN.T.S.
5 DEVIATIONS FROM PROTOTYPE STANDARDSN.T.S.
ONE-WAY RAMP (UP) ONE-WAY RAMP (DN)
DN
DO NOT
ENTER
DO NOT
ENTER
UP
UP DN
UP
UPDN
UP
UP
UPDN
14'-6 wide
transition
zone/ramp
14'-6 wide
transition
zone/ramp
UP
UP DN
UP
DN
30'-0"27'-0"
4'-0"
27'-0"33'-1012"27'-0"
4'-0"
27'-0"30'-0"27'-0"
4'-0"
27'-0"30'-0"27'-0"
4'-0"
30'-0" 27'-0"
4'-0"
30'-0"
30'-0"30'-0"
24'-0"30'-0"30'-0"
4'-0"
21'-0"
21'-0"
ONE-WAY RAMP (UP) ONE-WAY RAMP (DN)
DN
DO NOT
ENTER
DO NOT
ENTER
UP
UP DN
UP
UPDN
UP
UP
UPDN
14'-6 wide
transition
zone/ramp
14'-6 wide
transition
zone/ramp
UP
UP DN
27'-0"30'-0"27'-0"
4'-0"
4'-0"
27'-0"30'-0"27'-0"
4'-0"
27'-0"30'-0"27'-0"
4'-0"
27'-0"
4'-0"
30'-0"27'-0"
4'-0"
30'-0"
30'-0"
24'-0"
24'-0"
30'-0"
21'-0"
21'-0"
27'-0"30'-0"
11'-0" TYP.
ONE-WAY RAMP (UP) ONE-WAY RAMP (DN)
UP
DN
DO NOT
ENTER
DO NOT
ENTER
61 UP
UPDN
UP
UPDN
UP
UP DN
UP
UP DN
UP
DN
27'-0" 30'-0" 27'-0"
11'-0" TYP.
24'-0"
21'-0"
31'-2" 30'-0"
21'-0"
4'-0"
4'-0"
ASSOCIATE TRAFFIC FLOW DIRECTION
DSP/FLEX TRAFFIC FLOW DIRECTION
DSP/FLEX RETURN TRAFFIC FLOW DIRECTION
TRUCK TRAFFIC FLOW DIRECTION
VAN PERSONAL TRAFFIC FLOW DIRECTION
ASSOCIATE DRIVE AISLE = 26'-0" PER CITY STANDARDS
(24'-0" TYPICAL)
CLEARANCE BEHIND LAST QUEUING PAD = 49'-6" DUE TO SITE CONSTRAINTS. (±71'-0" TYPICAL)
CLEARANCE IN FRONT OF FIRST LAUNCH PAD = 48'-2" DUE TO SITE CONSTRAINTS. (70'-2" TYPICAL)
ALTERNATE BYPASS LANE/QUEUING CONFIGURATION USED DUE TO SITE CONSTRAINTS.
1 2
3 4
MARKETPLACE DR.
MONTEREY PARK, CA 91755
Project Number:
© 2020 Architects Orange, LLP dba AO These plans are copyright protected. Under such protection unauthorized use is not permitted. These plans shall not be reproduced or used without written permission by AO.
Plan Check Number:
SEAL
v6.6
CONSULTANT
MONTEREY PARK
DELIVERY STATION
dellacJun/28/2021 10:54 PMborder last saved: by:
2021-241xxxx
MONTEREY PARK
SCALE: 1" = 40'-0"
This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. 1B VAN PARKING LEVEL 21"=40'-0"
N
0 5' 20' 40' 60'10'80'
40'
dellacJun/28/2021 10:54 PMdwg last saved: by:
S H E E T
sheet plotted:
drawing file name:
Jun/28/2021 @ 10:56 PM
p:\2021-241 jmp - monterey park\design\site design\monterey park_multi level layout_2021-06-24.dwg 1A VAN PARKING LEVEL 11"=40'-0"
1C VAN PARKING LEVEL 3 (ROOF)1"=40'-0"
2 TRAFFIC FLOW LEGENDN.T.S.
3 SITE DESIGN INFORMATIONN.T.S.
4 PARKING BREAKDOWNN.T.S.
5 DEVIATIONS FROM PROTOTYPE STANDARDSN.T.S.
FIGURE 4A
(Page 2 of 2)
01 Scale
Job No.
Date
MONTEREY PARK INDUSTRIAL
Monterey Park, Ca 91755
M&M
REALTY
PARTNERS 1”=100’-0”
2021-241
2021-07-20
EXISTING LTPTO REMAIN
60 POMONA FREEWAY
663'
404'
153 SPACES
159'
3,000 S.0 S.F.0 S.0 S.
18 SPACESSPSPSPSPSSS
249'
14 SPACES
32 SPACES2 32332
00 3
4 2
172,000 FP +3,000 MEZZ
0 Z
175,000 S.F.
555
000
OFOFFOFOF
FICEF
G.D.
G.D. G.D.
C
34 SPACES
SERVICE YARD
SERVICE YARD
SSSSSSS
33333344SSSSS DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
04444444404444
SSSSSSSSSSS
32 S3233
(30' ACCESS EASEMENT)
SEMENT)
ENT)
T)
INDUSTRIAL FACILITY
Site Plan
FIGURE 4B
GREENWOOD
GRANDE DR
POTRERO
BLVD.PARAMOUNT WB OFF-RAMP
60-FWY WB
60-FWY EB
EB ON-RAMP
WB ON-RAMP
MARKET PLACE DR
WB ON-RAMP60-FWY WB
60-FWY EB
RETAIL "D"
OUTDOOR
GARDEN CENTER
YIELD
MPPD
106,299 S.F.
FF=400.75
28,118 S.F.
T
NO PARKING
SOP
RETAIL "A"FUEL CENTER
156,450 S.F.
FF=398.50
RETAIL "A"
VAN
EXISTING LTP
TO REMAIN
VAN VAN
PAD 43,867 S.F.
RESTAURANT
FF=411.00
BUS
BUS
VAN
VAN
TSO
86SF
P
MPPD
MPPD
19SF
50SF
48SF
64SF
64SF
66SF
52SF
30SF
40SF
125SF
47SF
44SF
89SF
45SF
28SF
86SF
35SF
48SF
40SF
VAN
VAN
SDMH
SDMH
SDMH
SDMH
SDMH
SDMH
66SF
SDMH
SDMH
FF=395.50PAD=394.67
MPPD
52SF
25SF
MPPD
19SF
50SF
66SF
38SF
165SF
40SF
40SF
40SF
185SF
40SF 44SF 40SF
50SF
246SF
135SF
51SF
63SF
20SF
40SF
145SF
145SF
95SF
130SF
50SF
34SF
44SF
NO
PARKING
19SF
4,526 S.F.PAD 3
RESTAURANT
FF=408.60
19SF
YIELD
VAN
VAN
60SF
69SF
PAD 2B2,700 S.F.
VAN
30SF
25SF
SBX
290 S.F. PATIO
1050 S.F.
PATIO
27SF
KEEP
CLEARKEEP
CLEAR
RIGHTTURNONLY
T.E.
RETAIL "B"16,471 S.F.
VAN
PAD 2A4,300 S.F.
16SF
PAD 1
VAN
9,777 S.F.FF=404.25
BWW
VAN
15,000 S.F.
FF=400.50
RETAIL "C"
84SF
MPPD
6.00'
18.00' 12.84'
19.00'
25.67'
PAD=409.92
PAD=407.60
T.E.
RESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
FF=405.00
FF=405.35
UP
LOBBY
ASR45 SF
ELEC. RM.210 SF
UP
8.33'
6.19'
13.76'
DO NOT ENTER
KEEP
CLEAR
KEEP
CLEAR
KEEP
CLEAR
NO PARKING
CLEAN AIR V.
3,192 SF
47SF
33SF
FUTURE E.V.
FUTURE E.V.
ACCESS ISLE
TSOP
TSOP
60 POMONA FREEWAY
SDMH
MARKET PLACE DR.
SERVICE AREA
95,000 S.F.
AUTO DEALERSHIP
60 POMONA FREEWAY
A1A1
COMPACTOR
COMPACTOR
MATCH LINE
MATCH LINE
SEE BELOW LEFT
MATCH LINE
FIGURE 4C
MONTEREY PARK MARKET PLACE
MONTEREY PARK, CA
PARK
MONTEREY
VICINITY MAP
MATCH LINE
SEE BELOW LEFT
RETAIL "D"
OUTDOOR
GARDEN CENTER
YIELD
MPPD
106,299 S.F.
FF=400.75
28,118 S.F.
T
NO PARKING
SOP
RETAIL "A"FUEL CENTER
156,450 S.F.
FF=398.50
RETAIL "A"
VAN
EXISTING LTP
TO REMAIN
VAN VAN
PAD 43,867 S.F.
RESTAURANT
FF=411.00
BUS
BUS
VAN
VAN
TSO
86SF
P
MPPD
MPPD
19SF
50SF
48SF
64SF
64SF
66SF
52SF
30SF
40SF
125SF
47SF
44SF
89SF
45SF
28SF
86SF
35SF
EMPLOYEE
CARPOOL AND
VANPOOL
EMPLOYEECARPOOL AND
VANPOOL
EMPLOYEE
CARPOOL AND
VANPOOL
EMPLOYEE
CARPOOL AND
VANPOOL
EMPLOYEE
CARPOOL ANDVANPOOL
EMPLOYEE
CARPOOL ANDVANPOOL
EMPLOYEE
CARPOOL ANDVANPOOL
EMPLOYEE
CARPOOL ANDVANPOOL
48SF
40SF
VAN
VAN
SDMH
SDMH
SDMH
SDMH
SDMH
SDMH
66SF
SDMH
SDMH
FF=395.50PAD=394.67
MPPD
52SF
25SF
MPPD
19SF
50SF
66SF
38SF
165SF
40SF
40SF
40SF
185SF
40SF 44SF 40SF
50SF
246SF
135SF
51SF
63SF
EMPLOYEE
CARPOOL AND
VANPOOL
EMPLOYEECARPOOL AND
VANPOOL
EMPLOYEE
CARPOOL ANDVANPOOL
EMPLOYEE
CARPOOL ANDVANPOOL
20SF
40SF
145SF
145SF
95SF
130SF
50SF
34SF
44SF
NO
PARKING
19SF
4,526 S.F.PAD 3
RESTAURANT
FF=408.60
19SF
YIELD
VAN
VAN
60SF
69SF
EMPLOYEE
CARPOOL ANDVANPOOL
PAD 2B2,700 S.F.
EMPLOYEE
CARPOOL ANDVANPOOL
VAN
30SF
25SF
SBX
290 S.F. PATIO
1050 S.F.
PATIO
LOADING ZONE
NO PARKING
27SF
LOADING ZONE
NO PARKING
LOADING ZONE
NO PARKING
KEEP
CLEARKEEP
CLEAR
RIGHTTURNONLY
T.E.
RETAIL "B"16,471 S.F.
VAN
PAD 2A4,300 S.F.
16SF
PAD 1
VAN
9,777 S.F.FF=404.25
BWW
VAN
15,000 S.F.
FF=400.50
RETAIL "C"
84SF
EMPLOYEECARPOOL AND
VANPOOLEMPLOYEECARPOOL AND
VANPOOL
MPPD
6.00'
18.00' 12.84'
19.00'
25.67'
PAD=409.92
PAD=407.60
T.E.
RESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVEDRESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
FF=405.00
FF=405.35
UP
LOBBY
ASR
45 SF
ELEC. RM.210 SF
UP
8.33'
6.19'
13.76'
DO NOT ENTER
KEEP
CLEAR
KEEP
CLEAR
KEEP
CLEAR
NO PARKING
CLEAN AIR V.
3,192 SF
47SF
33SF
FUTURE E.V.
FUTURE E.V.
ACCESS ISLE
TSOP
TSOP
SDMH
MARKET PLACE DR
MARKET PLACE DR
MARKET PLACE DRIVE
60 POMONA FREEWAY
A1A1
COMPACTOR
COMPACTOR
RETAIL150,000 S.F.
LOADING
206'
592'
112'
492'
259'
GREENWOOD
GRANDE DR
POTRERO
BLVD.PARAMOUNT WB OFF-RAMP
60-FWY WB
60-FWY EB
EB ON-RAMP
WB ON-RAMP
MARKET PLACE DR
WB ON-RAMP60-FWY WB
60-FWY EB
MATCH LINE
MATCH LINE
SEE BELOW LEFT
MATCH LINE
FIGURE 4D
MONTEREY PARK MARKET PLACE
MONTEREY PARK, CA
PARK
MONTEREY
VICINITY MAP
MATCH LINE
SEE BELOW LEFT
6 CONTEXT | Monterey Park Land Use and Urban Design Element Æ2Æ2Æ2
East Los Angeles College
California State University,
Los Angeles
§¨¦
710
§¨¦
710
@z
@z
§¨¦
10 §¨¦
10 South
San Gabriel
East Los Angeles
El Sereno
CITY OF
ALHAMBRA
CITY OF
MONTEBELLO
CITY OF
ROSEMEAD
CITY OF
LOS ANGELES
CITY OF
SAN GABRIEL
CITY OF
MONTEBELLO
LOS ANGELES
COUNTY
Alhambra Was
h
Luguna Channel
Luguna Channel
Garvey Reservoir
Saturn S
t
E Riggi
n St
S Wil
cox A
ve
S Orange Ave
Crest Vista D
r
W Verde Vista Dr
S Bradshawe
Ave
W
Elmgate
St
Brightwo
od St
Jackson Ave
Sheriff Rd
E Gra
ve
s Ave
Del Mar Ave
S Atlantic Blvd
E 3rd St
S Garfield Ave
S Fremont Ave
W Valley Blvd
Emerson Pl
Hellman
Av
e
W Floral Dr
E G
arvey
Av
e
E Em
ers
on
Ave
N Mo
ntebello B
lvd
W Pomona
Blvd
N New Ave
N Garfield Ave
Mo
nterey
Pass Rd
N Findlay Ave
N Wilcox Ave
S New Ave
W Emerson Ave
Corporate Center Dr
Cesar E Cha
vez Av
e
N Paramount Blv
d
E Hel
lman A
ve
S Mednik Ave
W New
mark Av
e
N Mednik Ave
N Atlantic Blvd
W Lincoln
Ave
E Pomona Blvd
S Alhambra AveN Alhambra Ave
Hill
Dr
S Almansor St
Findlay Ave
Garvey Av
e
Potr
ero Grand
e Dr
Potrero
Grande Dr
W Garvey Ave
N San Gabriel Blvd
S Atlantic Blvd
W Hellman Ave
N Garfield Ave
E B
everl
y Blv
d
S Garfield Ave
W Beverly
Blv
d
S Atlantic Blvd
W Riggin St
° 0 ½1¼
Mile
October 2019
Sources: Los Angeles County Assessor, 2019.
Resurrection Cemetery
Planning Area
City of Monterey Park (Incorporated)
Sphere of Influence (Unincorporated)
FIGURE LU-1:
PLANNING AREA
Base Map Features
Monterey Park Boundary
Sphere of Influence Boundary
Metro Gold Line and Stations
Water Courses
Waterbodies
Æ2
24 LAND USE PLAN | Monterey Park Land Use and Urban Design Element Æ2Æ2Æ2
East Los Angeles College
California State University,
Los Angeles
§¨¦
710
§¨¦
710
@z
@z
§¨¦
10 §¨¦
10 South
San Gabriel
East Los Angeles
El Sereno
CITY OF
ALHAMBRA
CITY OF
MONTEBELLO
CITY OF
ROSEMEAD
CITY OF
LOS ANGELES
CITY OF
SAN GABRIEL
CITY OF
MONTEBELLO
LOS ANGELES
COUNTY
Alhambra Wash
Luguna Channel
Luguna Channel
Garvey Reservoir
Sa
turn S
t
E Rig
gin St
S Wil
cox
Ave
S Orange Ave
Crest Vista
Dr
W Verde Vista Dr
S Bradsha
we Ave
W Elmgate S
t
Bri
gh
twood
St
Jackson Ave
Sheriff Rd
E Grave
s Ave
Del Mar Ave
S Atlantic B
lvd
E 3
rd S
t
S Garfield Ave
S Fremont Ave
W Valley Blvd
Emerson Pl
Hellman Ave
W Floral Dr
E Garvey Av
e
E Emerson Ave
N Montebe
llo B
lvd
W Pomo
na
Blv
d
N New Ave
N G
arfi
eld A
ve
Monterey
Pass Rd
N Findlay Ave
N Wilcox Ave
S New Ave
W Emerson Ave
Corporate Center Dr
Cesar
E C
have
z Ave
N Param
ount Blvd
E Hellman
Ave
S Mednik Ave
W
Newmar
k Ave
N Mednik Ave
N Atlantic Blvd
W
Linc
oln Ave
E Pomona Blvd
S Alhambra AveN Alhambra Ave
Hill Dr
S Almansor St
Findlay Ave
Garvey Ave
Potrero
Gran
de Dr
Potrero Gra
nde D
r
W Garvey Ave
N San Gabriel Blvd
S Atlantic Blvd
W Hellman Ave
N Garfield Ave
E Be
verly B
lvd
S Garfield Ave
W Be
verly Blvd
S Atlantic Blvd
W Rig
gin St
° 0 ½1¼
Mile
October 2019
Sources: City of Monterey Park and MIG, 2019.
Resurrection Cemetery
Land Use Designations
Low Density Residential
Medium Density Residential
High Density Residential
Commercial
Mixed Use
Corporate Center
Innovation/Technology
Public Facilities
Open Space
Housing Overlay I
Housing Overlay II
Note: Also see Regulating Plan
LAND USE POLICY MAP
Base Map Features
Monterey Park Boundary
Sphere of Influence Boundary
Metro Gold Line and Stations
Watercourses and Channels
Garvey Reservoir
Æ2
FIGURE LU-3:
Hellman Ave
San Bernardino Frwy
Emerson Ave Emerson Ave
Garvey Ave
Newmark Ave Newmark Ave
Graves AveGraves Ave
Mooney Dr
Garvey
Reservoir
Moore Ave
McPherrin Ave
Garfield Ave
Rural Dr
New Ave
Lincoln Ave
Alhambra Ave
Orange Ave
Orange Ave
Tegner Rd
Bailey Ave
Floral Dr
Pomona Blvd
Markland Dr
Riggin St
Ferdinand AveGarfield Ave
Heather Dr
Saturn St
Potrero Grande Dr
Pomona Fwy
Fulton Ave
Ackley St
Vista St
Grandridge
Ave Garfield Ave
Kepmton Ave
Chandler Ave
Ramona Ave
Monterey Pass Rd
Ridgecrest St
Hillside St
Brightwood St
Cesar E. Chavez Ave
Floral Dr
Corporate Center Dr
Casuda Canyon Dr
Long Beach Frwy
Garvey Ave
Crest Vista Dr
Atlantic Blvd
El Repetto Dr
Grandridge
Ave
La Merced Rd
Redding Ave
Arroyo Dr
Arland Ave
San Gabriel Blv dDelta St
Del Mar Ave
Hill Dr
Orange St
Potrero Grande Dr
City of
Rosemead
City of
Montebello
Los Angeles County
(East Los Angeles)
City of
Alhambra
710
10 60
Abajo
Dr
Pomona Frwy 60
Monterey Park
General Plan
North
City Boundary
Sphere of Influence Boundary
0 2000 4000 Feet
August, 2000Monterey Park General Plan
Figure C-4
Bicycle Route Plan
Bicycle Route
EXHIBIT B
MITIGATION
MONITORING
PROGRAM
MMIITTIIGGAATTIIOONN
MMOONNIITTOORRIINNGG
PPRROOGGRRAAMM
FFOORR::
MONTEREY PARK
MARKET PLACE
SUPPLEMENTAL EIR
prepared for:
CITY OF MONTEREY
PARK
Contact:
Jim Basham
Development Services
Director
prepared by:
THE PLANNING
CENTER
Contact:
William Halligan, Esq.
Vice President,
Environmental Services
OCTOBER 2011
MMIITTIIGGAATTIIOONN
MMOONNIITTOORRIINNGG
PPRROOGGRRAAMM
FFOORR::
MONTEREY PARK
MARKET PLACE
SUPPLEMENTAL EIR
prepared for:
CITY OF MONTEREY
PARK
320 West Newmark Avenue
Monterey Park, CA 91754-2896
Tel: 626.307.1315
[email protected]
Contact:
Jim Basham
Development Services
Director
prepared by:
THE PLANNING
CENTER|DC&E
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Tel: 714.966.9220 Fax: 714.966.9221
E-mail: [email protected]
Website: www.planningcenter.com
Contact:
William Halligan, Esq.
Vice President,
Environmental Services
CMP-02.0E
DECEMBER 2011
Table of Contents
Monterey Park Market Place SEIR Mitigation Monitoring ProgramCity of Monterey Park Page 1 S:\PLANNING\PC\STAFF REPORTS\2012\09-25-12\Market Place Mitigation Monitoring Program.docP:\CMP-02.0E\FEIR\MMP.doc|Printed: 9/17/2012 8:39 AM11/1/2011 10:29 AM Section Page
1. INTRODUCTION .............................................................................................................................. 1
1.1 PURPOSE OF MITIGATION MONITORING PROGRAM .................................................. 1
1.2 EIR SUMMARY ................................................................................................................... 1
1.3 PROJECT LOCATION ........................................................................................................ 5
1.4 ENVIRONMENTAL IMPACTS ............................................................................................ 5
2. MITIGATION MONITORING PROCESS ..................................................................................... 910
2.1 MITIGATION MONITORING PROGRAM ORGANIZATION .......................................... 910
2.2 MITIGATION MONITORING PROCEDURES ................................................................ 910
3. MITIGATION MONITORING REQUIREMENTS........................................................................ 1112
3.1 CATEGORIZED MITIGATION MEASURES/MATRIX .................................................. 1112
3.2 LONG-TERM MONITORING ........................................................................................ 1112
4. MITIGATION MONITORING REPORTS ................................................................................... 3726
4.1 FIELD CHECK REPORT .............................................................................................. 3726
4.2 IMPLEMENTATION COMPLIANCE REPORT ............................................................. 3726
4.3 ARBITRATION/ENFORCEMENT REPORT ................................................................. 3726
5. REPORT PREPARATION ......................................................................................................... 3928
5.1 LIST OF PREPARERS ................................................................................................. 3928
Table of Contents
S:\PLANNING\PC\STAFF REPORTS\2012\09-25-12\Market Place Mitigation Monitoring Program.docP:\CMP-02.0E\FEIR\MMP.doc|Printed: 9/17/2012 8:39 AM11/1/2011 10:29 AM List of Tables
Table Page
Table 1-1 Previous Site Plan (2000 MPTP EIR) ......................................................................................... 2 Table 1-2 Proposed Plan for Development .................................................................................................. 3 Table 3-1 Mitigation Monitoring Requirements ..................................................................................... 1314
Monterey Park Market Place SEIR Mitigation Monitoring ProgramCity of Monterey Park Page 1 S:\PLANNING\PC\STAFF REPORTS\2012\09-25-12\Market Place Mitigation Monitoring Program.docP:\CMP-02.0E\FEIR\MMP.doc|Printed: 9/17/2012 8:39 AM11/1/2011 10:29 AM
1. Introduction
1.1 PURPOSE OF MITIGATION MONITORING PROGRAM
This Mitigation Monitoring Program has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the 2000 Monterey Park Towne Plaza (MPTP) EIR, the Supplemental Environmental Impact Report (Draft SEIR), and the Final Supplemental EIR (Final SEIR) (State Clearinghouse No. 1999051058). The Mitigation Monitoring Program has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Monterey Park Monitoring Requirements. Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
The Mitigation Monitoring Program will serve to document compliance with adopted/certified mitigation measures, which are formulated to minimize impacts associated with the construction and operation of the revised Monterey Park Market Place project (proposed project).
1.2 EIR SUMMARY
1.2.1 Previously Proposed 2000 Monterey Park Towne Plaza Site Plan In March 2000, the Final EIR/EIS for the previous project was certified by the City of Monterey Park Planning Commission. The City had the principal responsibility for project approval and acted as the CEQA lead agency as defined by Section 15367 of the CEQA Guidelines. To help with the costs of land acquisition, site cleanup, and required access, the City received a Section 108 Loan Guarantee and an accompanying Economic Development Initiative grant from the US Department of Housing and Urban Development (HUD).
Because of the assistance provided by HUD, the project was subject to National Environmental Protection Act (NEPA) review, and HUD was the federal (NEPA) lead agency for the previous project .
The
previous site plan required the demolition of all existing buildings, excluding the LTP, and the leveling of the berm along SR-60 on the southern portion of the site. Contaminated berm soil (with traces of lead) would be removed from the site while the remaining soil would be used to level the site. The previously proposed
1. Introduction
S:\PLANNING\PC\STAFF REPORTS\2012\09-25-12\Market Place Mitigation Monitoring Program.docP:\CMP-02.0E\FEIR\MMP.doc|Printed: 9/17/2012 8:39 AM11/1/2011 10:29 AM development is similar in type, the proposed development. Approximately 464,143 square feet of the 515,382 square feet were proposed as retail space (including two anchor stores with garden centers). Another 36,250 square feet were proposed for retail or restaurant pads, and 14,989 square feet were proposed for restaurant space. The previously proposed development would have included 2,971 parking spaces. Table 1-1 shows the previous plan for development.
Table 1-1
Previous Site Plan (2000 MPTP EIR)
Building and Use Square Footage
Retail “A”
Garden Center
107,920
23,928
Retail “B” (includes Garden Center) 135,300
Retail “C” 45,000
Retail “D” 37,275
Retail “E” 41,265
Retail “F” 35,000
Retail “G” 11,100
Retail “H” 12,350
Retail “I” 11,168
Retail “J” 3,837
Pad 1 11,250
Pad 2 25,000
Restaurant 1 3,035
Restaurant 2 2,954
Restaurant 3 9,000
Total 515,382
1.2.2 Proposed Land Uses
The proposed project, the Monterey Park Market Place, revises the previous site plan for the Monterey Park Towne Plaza by increasing the total retail square footage from 515,382 to 600,000. The project site covers a total area of 51.1 acres, 42.1 of which are part of the closed OII Landfill and approximately 9 of which are within existing Southern California Edison (SCE) easements. The proposed project would have similar retail uses, including drive-thru and sit-down restaurants, large anchor retail stores with garden centers, and smaller specialty retail shops. The gas station, as shown as Pad 5 in Table 1-2, is not proposed at this time but may be a future use. Implementation of the gas station at a future time would require permitting by SCAQMD. Table 1-2 summarizes the proposed land uses and the parking demand factor for each type of land use. The proposed land uses require a minimum of 2,333 parking spaces, which would be provided onsite.
1. Introduction
Monterey Park Market Place SEIR Mitigation Monitoring ProgramCity of Monterey Park Page 3 S:\PLANNING\PC\STAFF REPORTS\2012\09-25-12\Market Place Mitigation Monitoring Program.docP:\CMP-02.0E\FEIR\MMP.doc|Printed: 9/17/2012 8:39 AM11/1/2011 10:29 AM Table 1-2
Proposed Plan for Development
Building Type
Gross
Building Area
(sf) Building Usage
Parking
Demand
(per 1,000 sf)1
Parking Spaces
Required
Buildout by Individual Building
Retail “A” – Anchor 1 128,000 Home Improvement 3.40 520 Garden Center 25,000 Garden Center NA Retail “B” – Anchor 2 99,011 Retail/Department Store 3.02 299 Retail “C” – Anchor 3 134,000 Retail/Department Store 3.02 441 Garden Center 12,000 Garden Center NA Retail “D” – Anchor 4 138,000 Wholesale/Discount Store 2.75 380 Optional Retail (Fitness
Center)2 25,000 Fitness Center 5.19 130
Retail “E” 9,248 Mixed Retail/Restaurant 16.30 171
Retail “G” 10,516 Mixed Retail/Restaurant 16.30 151
Pad 1 3,225 Bank 3.49 11
Pad 2 5,000 Fast Food Restaurant 9.90 50
Pad 3 6,000 Restaurant 16.30 98
Pad 4 5,000 Restaurant 16.30 82
Pad 55 NA Gas Station NA NA
Total 600,000 NA NA 2,333
Buildout by Building Type
Total Anchor (including garden centers)2 561,011 sf
Total Retail (nonanchor)3 3,225–22,989 sf
Total Restaurant4 16,000–35,764 sf
Gas Station5 NA sf
Source: Monterey Park Retail Partners, LLC, 2009.
1 The parking demand is based on the highest possible parking demand for the proposed project site. 2 The 25,000-square-foot fitness center and the 12,000-square-foot garden center are not shown on the site plan but are included in the total square footage to provide a more conservative parking estimate. If the fitness center option is chosen, it would be built as part of Building D. The second garden center would be built with Building C. The total parking demand is based on the buildout of a fitness center and the 12,000-square-foot garden center in addition to the buildout of Building D and Building C.
3 This range of totals includes Mixed Retail/Restaurant and Bank. If Retail E and G are developed entirely as mixed retail, total retail (nonanchor) square footage would be 22,989. If Retail E and G are developed entirely as restaurants, total retail (nonanchor) square footage would be 3,225. 4 This range of totals includes Mixed Retail/Restaurant, Fast Food Restaurant, and Restaurant uses. If Retail E and G are developed entirely as restaurants, the total restaurant square footage would be 35,764. If Retail E and G are entirely developed as mixed retail, the total restaurant square footage would be 16,000.
5 The gas station is not proposed at this time but may be a future use. Implementation of the gas station at a future time would require permitting by SCAQMD.
Based on the type of commercial business and the various buildout options, anchor stores, including the garden centers, would make up a maximum of 561,011 square feet, nonanchor retail would make up 3,225 to 22,989 square feet, and restaurants would make up 16,000 to 35,764 square feet of the total gross building area.
Although not included with the proposed project, a leachate treatment plant (LTP) and thermal destruction facility (TDF) will continue to operate on the project site. Leachate is a common product of landfills, made of groundwater and the compounds of decomposing material in the landfill. The LTP collects leachate from the south parcel of the OII landfill and treats it. Off-gas is produced during leachate treatment and must be burned in the treatment plant. The LTP directs off-gas to the South Parcel via a 12-inch pipeline, where it is burned along with gas produced in the South Parcel. The TDF structure has two 60-foot high stacks, each approximately 6 feet in diameter. It was constructed after the certification of the 2000 MPTP EIR and improves the leachate treatment process. The structure would be contained by a chain-link fence and public access would be restricted.
1. Introduction
S:\PLANNING\PC\STAFF REPORTS\2012\09-25-12\Market Place Mitigation Monitoring Program.docP:\CMP-02.0E\FEIR\MMP.doc|Printed: 9/17/2012 8:39 AM11/1/2011 10:29 AM Monterey Park Market Place Precise Plan
The proposed project includes the Monterey Park Market Place (MPMP) Precise Plan, which is a required document for development within the Regional-Specialty Center (R-S) Planned Development Overlay Zone to ensure consistency with the Monterey Park General Plan. The purpose of having a precise plan is to describe how the proposed project would meet the requirements of the Planned Development Overlay Zone on the project site; provide the overall design concept for the site; implement the goals, policies, and objectives of the City’s general plan as feasible; and establish the development regulations and framework for the project site.
Detailed building and site development standards and regulations are included in the precise plan, such as architectural themes, building height, and types of permitted businesses. Maximum height of buildings is set in the MPMP Precise Plan and meets the standards of the R-S Planned Development Zone Overlay, which is 50 feet or 4 stories. Architectural features are allowed to project an additional 15 feet above maximum building height with the approval of a conditional use permit. The proposed buildings would be between 30 and 50 feet in height (up to 60 feet with architectural features).
Project Access and Parking
The existing access road for the proposed project site is Greenwood Avenue, which enters the northern boundary of the project site from Potrero Grande Drive. The main road through the development would be named Market Place Drive. This road would be slightly realigned where it enters the project site on the north and then extended toward the east corner of the site. Neil Armstrong Street would no longer intersect Paramount Avenue but would intersect Market Place Drive instead. Market Place Drive would intersect Paramount Avenue east of the project site. With the completion of all roadway improvements, the site would be accessible from both Potrero Grande Drive and Paramount Boulevard off of SR- 60.
Market Place Drive would serve as the main public/private roadway through the retail center and it would allow truck and standard vehicle access. Additional specified truck/service routes would allow access to the buildings to allow for pick-up and delivery of goods. The circulation plan for the project site will identify the primary vehicle, truck/service, and pedestrian access routes on the project site.
Onsite parking is provided based on the parking demand ratio of the proposed land uses per 1,000 square feet of building space, as shown in the far right column in Table 1. A minimum of 2,333 spaces would be provided, including 44 handicapped spaces throughout the site, placed near the entrances for anchor stores, the smaller mixed retail/restaurant stores, and the retail/restaurant pads. Although 2,333 are required, up to 2,386 would be provided, which would result in a surplus of up to 53 parking spaces. All parking lots are aboveground surface lots and would be accessible from Market Place Drive.
Alternate Land Use Scenario: Small-Box Development
An alternative layout to the revised project is also provided for the project site in the event that the project applicant opts to develop a small-box retail shopping center instead of the big-box retail. The small-box alternative would have a reduced total square footage of 500,000 square feet that would include 3 anchors, up to 10 smaller retail stores, and 7 retail pads. The retail anchor stores would line the northern boundary of the project site and retail anchor “E” (110,000 square feet) would have a garden center (30,000 square feet).
The largest anchor, Retail A (140,000 square feet), would be north of the northern Greenwood Avenue (Market Place Drive) entrance. South of Retail A, across Market Place Drive, are Retail stores G through M.
Retail F, which is adjacent to the LTP/TDF, Retail Pad 6, and Retail Pad 7 are all more centrally located on the site and Retail B and C and Retail Pads 1 through 5 share the northern boundary of the site with the anchor stores. Anchor stores would have a total square footage of 321,000, and retail nonanchor stores would have a total square footage between 139,000 and 150,000, depending on whether Retail F is
1. Introduction
Monterey Park Market Place SEIR Mitigation Monitoring ProgramCity of Monterey Park Page 5 S:\PLANNING\PC\STAFF REPORTS\2012\09-25-12\Market Place Mitigation Monitoring Program.docP:\CMP-02.0E\FEIR\MMP.doc|Printed: 9/17/2012 8:39 AM11/1/2011 10:29 AM developed as retail or restaurant. Restaurants would have a total square footage of between 29,000 and 40,000.
The alternate small-box site plan scenario has the same or similar impacts as the revised project. The general site layout, construction phasing, and public and service demands would be similar between the revised project and the alternate scenario. However, additional traffic analysis was completed for a larger alternate scenario, which is discussed in Section 5.5 of the Draft SEIR and included in the Traffic Impact Assessment (Appendix E1 of the Draft SEIR). In the event that minor adjustments are made to the location and size of buildings in the small-box site plan scenario, the changes must not increase the project-related impacts associated with the small-box site plan scenario. If impact levels are increased, additional environmental analysis would be required. The City would be responsible for ensuring the modifications do not require additional environmental review.
1.3 PROJECT LOCATION
The proposed Monterey Park Market Place is in the southern portion of the City of Monterey Park and borders the City of Montebello. It would be at 2550 Greenwood Avenue, north of SR-60 between the Paramount Boulevard and Potrero Grande Drive freeway exits. The project site is bounded by Southern California Edison (SCE) easements on the northwest and northeast. Beyond the SCE easements are Potrero Grande Drive to the northwest and the Resurrection Cemetery and residential land uses to the northeast and east. Greenwood Avenue accesses the site from the north from Potrero Grande Drive; Neil Armstrong Street intersects Paramount Boulevard to the east of the site.
1.4 ENVIRONMENTAL IMPACTS
This document has been prepared as a supplement to a previous Environmental Impact Report as defined by the State CEQA Guidelines (Section 15163, California Code of Regulations, Title 14, Division 6, Chapter 3).
Specifically, a supplement to the certified EIR has been prepared for the 2000 Monterey Park Towne Plaza (SCH No. 1999051058) . The Draft SEIR has an overall purpose to inform the lead agency, responsible agencies, decision makers, and the general public of the environmental effects of the development and operation of the revised project. The Draft SEIR addressed the potential environmental effects of the revised project, including effects that might be significant and adverse; disclosed effects not found to be significant; disclosed significant cumulative impacts of all past, present, and reasonably foreseeable future projects; evaluated a number of alternatives to the revised project; and identified mitigation measures to reduce or avoid adverse effects.
1.4.1 Impacts Considered Less Than Significant
As outlined in the Initial Study, prepared on June 16, 2010, the following categories were sufficiently analyzed in the 2000 Monterey Park Towne Plaza EIR and found to be less than significant:
Agriculture and Forest Resources
Biological Resources
Cultural Resources
Geology and Soils
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Population and Housing
Public Services
Recreation
1. Introduction
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1.4.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially Lessened
With project design features and mitigation measures incorporated, the following environmental categories had less than significant impacts:
Aesthetics
Noise
Utilities and Service Systems
1.4.3 Unavoidable Significant Adverse Impacts
With mitigation measures, air quality, greenhouse gas emissions, and transportation and traffic would have significant and unavoidable impacts
Air Quality
Impact 5.2-2
Construction emissions exceed SCAQMD’s regional significance thresholds for NOx and would cumulatively contribute to the SoCAB’s nonattainment designations. Grading emissions would be roughly the same between the 2000 MPTP EIR and the revised MPMP Precise Plan . However, the 2000 MPTP EIR did not identify significant construction emissions because construction activities were compared to screening thresholds and were not modeled. SCAQMD now requires comparison to daily emissions thresholds and new air pollutant models (e.g., URBEMIS) have been released to evaluate construction emissions. Modeling results now show that even with implementation of Mitigation Measures 2-1 and 2-7, impacts from regional air pollutant emissions from construction-related activities would exceed SCAQMD’s regional significance thresholds for NOX as a result of use of heavy construction equipment. Mitigation Measure 2-7 would reduce potentially significant impacts during Phase 1 construction activities to under the significance thresholds; however, construction activities during Phase 2 site preparation would continue to exceed SCAQMD’s regional significance thresholds for NO X. Therefore, impacts are significant and unavoidable. Regional construction emissions impacts are a new significant unavoidable impact not identified in the 2000 MPTP EIR.
Impact 5.2-3
Operational phase emissions exceed SCAQMD’s regional significance thresholds for VOC, NOX, CO, PM10, and PM2.5 and would cumulatively contribute to the SoCAB’s nonattainment designations. The MPMP Precise Plan would exceed the thresholds for VOC, CO, NOX, PM10, and PM2.5. Mitigation Measures 2-8 through 2-17 would reduce operational emissions, to the extent feasible. Criteria air pollutant emissions that exceed SCAQMD’s regional significance thresholds would cumulatively contribute to the NO 2, O3, and particulate matter nonattainment designations of the SoCAB. While air quality impacts were identified in the 2000 MPTP EIR, the MPMP Precise Plan would result in an approximately 5 to 8 percent increase in air quality impacts for most criteria pollutants on weekdays and an approximately 44 percent increase in air quality impacts for most criteria pollutants on weekends, compared to the 2000 MPTP. However, the project would result in a decrease in air quality impacts based on emissions as identified in the 2000 MPTP EIR for CO (weekday only), VOC, and NOx because of updated emission rates used in this SEIR that reflect lower emission rates for vehicles. Further, based on the updated emission factors in the UREMIS2007 model, the revised SEIR analysis has identified additional significant impacts associated with PM10 and PM2.5 that were not identified in the EIR. The increase in air pollutant emissions would exceed the SCAQMD regional thresholds and therefore the magnitude of change is considered to be significant. Modeling based on updated air pollutant emission factors in the URBEMIS2007 model show that VOC, CO, NOX, PM10, and PM2.5 would exceed the significance thresholds for the MPMP Precise Plan. Since emissions of particulate matter (PM 10 and PM 2.5) were not
1. Introduction
Monterey Park Market Place SEIR Mitigation Monitoring ProgramCity of Monterey Park Page 7 S:\PLANNING\PC\STAFF REPORTS\2012\09-25-12\Market Place Mitigation Monitoring Program.docP:\CMP-02.0E\FEIR\MMP.doc|Printed: 9/17/2012 8:39 AM11/1/2011 10:29 AM identified in the 2000 MPTP, this is considered a new significant impact . Consequently, impacts from air pollutant emissions from operational-related activities would be significant and unavoidable.
Greenhouse Gas Emissions
Impact 5.3-1
Project-related GHG emissions are cumulatively considerable . The MPMP Precise Plan would generate 36,509 metric tons of GHG emissions. While all feasible mitigation measures have been incorporated into the project, the total increase in GHG emissions onsite from the project would still be substantial. The 2000 MPTP EIR did not identify significant impacts related to GHG emissions because GHG emissions were not incorporated into the CEQA Guidelines until March 18, 2010. GHG emissions are higher for the MPMP Precise Plan as a result of a 17 percent increase in building square footage (600,000 square feet compared to 515,382 square feet) and 6 percent increase in average daily vehicle trips (19,719 compared to 18,674) .
Since GHG emissions were not identified before, this is considered a new significant impac t.
Tr
ansportation and Traffic
Impact 5.5-1
Opening Year 2015
Inasmuch as the primary responsibility for approving and/or completing certain improvements located outside the City of Monterey Park lies with agencies other than the City of Monterey Park (i.e., City of Montebello and Caltrans), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Monterey Park’s control (e.g., the City of Monterey Park cannot undertake or require improvements outside of Monterey Park’s jurisdiction or the City cannot construct improvements in the Caltrans right-of-way without Caltrans approval). Should that occur, the project’s traffic impact would remain significant.
Impacts that would remain significant and unavoidable from the 2000 MPTP EIR:
Garfield Avenue/Pomona Boulevard (weekday PM peak)
Garfield Avenue/Via Campo (weekday PM peak)
Markland Drive–Vail Drive/Via Campo (weekday PM peak) New significant and unavoidable impacts associated with the MPMP Precise Plan:
Wilcox Avenue/Via Campo (weekday PM peak)
Paramount Boulevard/SR- 60 westbound ramps–Market Place Drive (weekday AM peak/weekend midday peak)
Paramount Boulevard/SR-60 eastbound ramps–Town Center Drive (weekend midday peak) Paramount Boulevard/Montebello Boulevard (weekday PM peak) Montebello Boulevard/Beverly Boulevard (weekday PM peak) Markland Drive/Potrero Grande Drive
Saturn Street–Greenwood Avenue/Potrero Grande Drive
In addition to the impacts identified above associated with the MPMP Precise Plan, the following additional significant impacts are associated with the small-box alternate scenario:
Markland Drive/Vail Avenue/Via Campo (weekday AM peak)
1. Introduction
S:\PLANNING\PC\STAFF REPORTS\2012\09-25-12\Market Place Mitigation Monitoring Program.docP:\CMP-02.0E\FEIR\MMP.doc|Printed: 9/17/2012 8:39 AM11/1/2011 10:29 AM Buildout Year 2025
Inasmuch as the primary responsibility for approving and/or completing certain improvements located outside the City of Monterey Park lies with agencies other than the City of Monterey Park (i.e., City of Montebello and Caltrans), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Monterey Park’s control (e.g., the City of Monterey Park cannot undertake or require improvements outside of Monterey Park’s jurisdiction or the City cannot construct improvements in the Caltrans right-of-way without Caltrans approval). Should that occur, the project’s traffic impact would remain significant.
Impacts that would remain significant and unavoidable from the 2000 MPTP EIR:
Wilcox Avenue/Pomona Boulevard (weekday PM peak)
San Gabriel Boulevard–Paramount Boulevard/Hill Drive (weekday PM peak) The following intersections would be new significant and unavoidable traffic impacts associated with the MPMP Precise Plan:
Garfield Avenue/Pomona Boulevard (weekday AM and PM peak) Garfield Avenue/Via Campo (weekday PM peak hour)
Markland Drive–Vail Avenue/Via Campo (weekday PM peak) Paramount Boulevard/SR-60 westbound ramps–Market Place Drive (weekday AM and PM peak/weekend midday peak)
Paramount Boulevard/SR-60 eastbound ramps (weekday PM peak/weekend midday peak) Paramount Boulevard/Montebello Boulevard (weekday AM and PM peak) Montebello Boulevard/Beverly Boulevard(weekday PM peak) The following intersection would be a new and significant and unavoidable traffic impact from the MPMP Precise Plan. Mitigation for impacts to this intersection was determined to be infeasible due to right-of-way constraints.
Wilcox Avenue/Via Campo (weekday AM and PM peak)
In addition to the impacts identified above associated with the MPMP Precise Plan, the following additional significant impacts are associated with the small-box alternate scenario:
Paramount Boulevard/SR-60 eastbound ramps (weekday AM peak/weekend midday peak) However, the small-box alternate scenario would have less than significant impacts at the following intersections:
Markland Drive–Vail Avenue/Via Campo (weekday PM peak) Paramount Boulevard/SR-60 eastbound ramps (weekday PM peak/weekend midday peak)
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2. Mitigation Monitoring Process
2.1 MITIGATION MONITORING PROGRAM ORGANIZATION
CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6).
The mitigation monitoring and reporting program is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure recommended in the Environmental Impact Report, specifications are made herein that identify the action required and the monitoring that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions of approval contained in the Mitigation Monitoring Program (MMP). In order to effectively track and document the status of mitigation measures, a mitigation matrix has been prepared and includes:
Responsibility for implementation
Timing
Responsibility for monitoring
Monitor
Mitigation measure timing of verification has been apportioned into several specific timing increments. Of these, the most common are:
Prior to project approval
Prior to issuance of grading permit(s)
During construction
Information pertaining to compliance with mitigation measures or any necessary modifications or refinements will be documented in the comments portion of the matrix.
Supplement to the Certified 2000 EIR Mitigation Monitoring Program Since this is a supplemental EIR, the MMP for this project modifies the previously adopted MMP for the Monterey Park Towne Plaza (March 2000). The MMP for the SEIR includes the revised and new mitigation measures for the proposed project. Where appropriate, the timing and responsible agency information from the 2000 MMP has been retained.
2.2 MITIGATION MONITORING PROCEDURES
The City of Monterey Park Development Services Department is the designated lead agency for the Mitigation Monitoring and Reporting Program. The City of Monterey Park includes the Mitigation Measures within the Special Conditions of Approval. The City is responsible for review of all monitoring reports, enforcement actions, and document disposition. The Community Development Department shall designate a Project Mitigation Monitor for the proposed project.
2. Mitigation Monitoring Process
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2.2.1 In-Field Monitoring
The Responsible Monitoring Party shall exercise caution and professional practices at all times when monitoring construction. Protective wear (hard hats, glasses, etc.) shall be worn at all times in construction areas. Injuries shall be reported immediately to the Project Mitigation Monitor.
2.2.2 Coordination with Contractors
The construction manager/superintendent is responsible for coordination of contractors and for contractor completion of required measures in accordance with the provisions of this program.
2.2.3 Recognized Experts
The use of recognized experts as a component of the monitoring team is required to ensure compliance with scientific and engineering mitigation measures. While the recognized experts assess compliance with required mitigation measures, consultation with the City of Monterey Park planning staff shall take place in the event of a dispute.
2.2.4 Enforcement
Agencies may enforce conditions of approval through their existing police power, using stop-work orders, fines, infraction citations, loss of entitlements, refusal to issue building permits or certificates of use and occupancy or, in some cases, notice of violation for tax purposes. Criminal misdemeanor sanctions could be available where the agency has adopted an ordinance requiring compliance with the monitoring program, similar to the provision in many zoning ordinances that affirm the enforcement power to bring suit against violators of the ordinances.