Monterey Park City Council
June 21, 2023

ORDINANCE NO.

PAGE 3 of 7

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:

Severability. 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:

Electronic 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:

Publications. 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:

Recording. 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:

Effective Date. This Ordinance becomes effective on the 30 th day following its passage and adoption.

ORDINANCE NO
. ___ HAD ITS FIRST READING ON JUNE 7 , 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

EXHIBIT B
Market Place Specific Plan

June 2023

MARKET PLACE SPECIFIC PLAN

A. COVER PAGE

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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

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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 A pplicable Law (defined below), this Specific Plan sets forth the regulations for the development 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) Resolution 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, approv ing 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, t he Monterey Park Market Place does not contain any hazardous materials and consists of two distinct area s. 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 receives 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 intensit y, 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 architectural 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 gr owth 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 p rocess 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 may 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 Section, 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 reasonable r eimbursements 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 t hat 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 r equired 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 S ection is to ensure that the Specific Plan Area is developed 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 Projects proposed for construction within the Specific Plan Area. Such

15 standards include permitted uses, materials , tenant storefronts, l ighting, 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 Scooter 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
Motion picture, television, or video production, including sound stages, in a completely enclosed building

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).

16 5. Beauty/Health Spa inclu des other related uses such as barbershop, hair salon, nail salon, waxing, and eyebrow salons.

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, insurance office s and travel agency office s; 2) Medical offices including without limitation veterinarian, dental, optometry, urgent care, hospital/acute or urgent car e, 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

17 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 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. Indiv idual Projects in the area that are undeveloped 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 invo
lves 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 – Bu ilding 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 – Floor 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 Areas. All setbacks must be clear to the sky but may include roadways, utility infrastructure, loading, parking, landscaping, and fences and walls.

4. Aisle Width – Parkin g 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 Standards – The Site must comply with Applicable Law f or 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 – The
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 – Eve ry 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 – Th e design standards require tenant storefronts for all retail buildings intended for more than one tenant that will ensure high quality design and use 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 – The a pproved 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 – B uilding 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, browns, 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 Tena nt 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 plant s 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
Plant Pa
lette
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 – Landsc aping must 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 m inimum 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 – Pe
destrian 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 benches, 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 pe rmitted 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. Selected elements within the Site will be highlighted with illumination . These elements are selected for the ability to enhance the dim ension 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 decorat ive and shoebox light ing fixture placements must be designed to reflect best building practices regarding illumination, 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 to 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. W ithin the main interior parking areas, these lighting poles are to be placed 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 footcand les. Light sources must be shielded and focused to reduce visibility from residential areas and the adjacent Pomona Freeway, while maintaining public 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 ornamentation 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 along 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 sign age is the Specific Plan Area must substantially conform the following standards.

1. Freestanding Signs – A c ombination 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 St
anding 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. These signs consist of t enant 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 signs. 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 –Pha
se 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. Any 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 Specific Plan Area’s identity, and are visually attractive. The following limitations denote the Site’s sign approaches and types:
a. Tenant identification signa ge 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 , b illboards, 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 – Duri
ng Project construction, the following practices must be implemented to the maximum extent feasible:
a. Off-site loc ations for construction waste exported from the Site and options for disposal of excess material should be identified. These option s 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 – Du ring 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 such 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 – Th e 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 loca tion 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 employees are likely to see it.

Information must include, without limitation, the following:
a. Current maps, rout es 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 – No t 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 – Bicyc
le 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 t enants 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 – Sidew alks 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 – Safe and convenient access must be maintained from the external circulation system to bicycle parking facilities on Site.

7. Employee Parking – Emp loyee 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 intersection s 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 Applicant 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 . Individ ual 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-Fueled 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 determi ne 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 requireme nts 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 , exc
ept 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 Ap plicant 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
CVEV
CVEV

CARPOOL/VANPOOL/
EV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/

VANPOOL/
EV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/

VANPOOL/
EV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/

VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/

VANPOOL/
EV
CVEV

CARPOOL/

VANPOOL/
EV
CVEV

CARPOOL/

VANPOOL/
EV
CVEV

CARPOOL/

VANPOOL/
EV
CVEV

CARPOOL/

VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/

VANPOOL/
EV
CVEV

CARPOOL/

VANPOOL/
EV
CVEV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV

CARPOOL/VANPOOL/
EV
CVEV
CVEV
CVEV

CARPOOL/

VANPOOL/
EV
CVEV

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

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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

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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

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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 prev
ious 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

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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

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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

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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

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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.

Trans
portation 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

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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.

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3. Mitigation Monitoring Requirements

3.1 CATEGORIZED MITIGATION MEASURES/MATRIX
Project-specific mitigation measures and project design features (PDFs) have been categorized in matrix format, as shown in Table 3-1. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all mitigation measures.

A supplemental EIR only discusses new environmental impacts that would result from a change in the project description between the original and revised projects and it only needs to contain the information necessary to make the previous EIR adequate for the project as revised (CEQA Guidelines Section 15163). To avoid certain environmental impacts, the City of Monterey Park has included certain PDFs, which are considered part of the proposed project. The PDFs are mandatory and will be adopted by the City of Monterey Park as part of the project’s conditions of approval. Both the PDFs and mitigation measures are part of the MMP to be implemented by the City of Monterey Park. To provide a complete matrix that may be used for monitoring and enforcement, this mitigation monitoring program includes mitigation measures and project design features associated with the new impacts caused by the proposed project, as well as all mitigation measures which remain effective from the previously certified 2000 MPTP EIR.

3.2 LONG-TERM MONITORING
Long-term monitoring related to several mitigation measures will be required, including fire safety inspections.

Postconstruction fire inspections are conducted on a routine basis by the City of Monterey Park Fire Department.

3. Mitigation Monitoring Requirements

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Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)

5.1 AESTHETICS
PDF 1-1 Signs shall accentuate the architecture of the project and contribute to a lively and visually stimulating experience.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

PDF 1-2 Wayfinding signage shall be located to orient pedestrians to the project site and local transit options and its surroundings. The appearance of directory signs should contribute to the identity of the project.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

PDF 1-3 The location, size and appearance of tenant identification and storefront signs shall lend support to retail activity, complementing the architecture of the building and overall character of the project.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

PDF 1-4 Off-site signs and LED signs shall not be oriented towards residential areas.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

PDF 1-5 Lighting fixtures including lighted signs shall be state-of-the-art and energy-efficient, shall be focused down on buildings and in parking lot areas, and light spill beyond parking lots or roadways on the perimeter of the site shall not be greater than 0.5 footcandles. Light sources shall be shielded and focused to reduce visibility from residential areas and the adjacent freeway.

Project applicant Prior to the issuance of a
building permit
Public Works Department
PDF 1-6 To minimize the impact of lighted parking areas, the lighting system shall be designed with full cut-off designs (downcast) and should be equipped with the ability to control light fixtures for individual areas at different lighting levels, such as from active operation to security mode.

Project applicant Prior to the issuance of a
building permit
Public Works Department
PDF 1-7 Prior to the approval of improvement plans for the surface parking areas, the project applicant shall submit a parking and sign lighting plan for review and approval by the Department of Public Works. The lighting plan shall include the amount, location, height, and intensity of sign and parking-area lighting, designed in a manner to reduce potential for light and glare and incidental spillover into adjacent residential properties to the maximum extent feasible, while maintaining public safety and adequate lighting to ensure sign visibility.

Project applicant Prior to the issuance of a
building permit
Public Works Department
PDF 1-8 Rooftop equipment (e.g. HVAC units, vents, etc.) should be enclosed in architecturally treated parapets that extend at least 12 inches Project applicant Prior to the issuance of a
building permit
Community Development
Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
above the tallest piece of equipment.

5.2 AIR QUALITY
PDF 2-1 The landscape concept for the project is urban in nature and has elements associated both with the “Prairie Style” design and Southern California décor. Landscape selections shall be made to accentuate the design style, but issues such as long-term life span of the trees, drought tolerance, colors, and maintenance requirements shall also be incorporated into the overall design. Landscape plans are subject to the approval of the Planning Division and Design Review process.

1. Plant Materials – All plant materials shall be drawn from the list of suitable plant materials provided in the following table and as stipulated in the Conditions of Approval. Exceptions for the use of other plant materials shall be allowed. Interior trees shall have minimum height of approximately 8-feet during installation, measured to the top of the branches from ground service at tree trunk, with maximum growth height of approximately 30-feet. Exterior trees located along the entryways of the Market Place shall have minimum height of approximately 10-feet installation, and a maximum growth height of approximately 50-feet. SCE has a 15-foot height limit for any plant material under the overhead power lines.

2. Planting Design – Landscaping would be provided along project roadways to accent the entrance and create a framework for the entry that would follow through the entire project site. Various trees would be planted for aesthetic value, as well for shade in the parking areas.

Additional landscaping would be placed near proposed buildings to accentuate its architecture style. Landscaping and irrigation plans signed by a landscape architect and/or landscape contractor shall be submitted, subject to the review and approval of the Planning Division of the City. The design patterns of the project’s landscaping will 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 with the project.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
a. Landscaping in the interior of the parking area shall be required equal to at least ten percent (10%) of the total area of the parking area. A minimum of three-foot-wide landscaped planter and/or grass area shall be located adjacent to all rights-of-way, and continuously maintained.

b. Landscape plans shall include plans for the Landfill Cap area, where no water percolation is permitted. Raised planters and pots shall be used to introduce trees, shrubs and floral materials in this area. Raised planters shall be designed to drain into the storm water drainage system.

c. The plans shall show the location of turf, trees, shrubs, walks, fences, and any ponds, fountains or other decorative landscaping features:

i. Indicate soils preparation where necessary;

ii. Provide a typical planting detail for trees and shrubs;

iii. List the botanical and common names of all plants with the quantity of each and their container size;

iv. Clearly portray the location, coverage and specifications of the permanent automatic irrigation system.

d. Landscaping and irrigation systems shown on approved plans shall be installed as required by the Planning Division.

e. An automatic irrigation system shall be installed in all landscaped areas to insure proper maintenance year round. The developer will provide 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 in order to prevent over irrigation. All

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
systems will be standard in design with typical pop-up heads and flexible raisers.

PDF 2-2 For proper waste management practices, trash enclosures and/or equipment will be strategically located in the rear of each building as feasible. Solid steel gates shall be utilized as well. Most major tenants will have their own waste management areas within their building footprints in order to maintain the proper visual aesthetics of the center. Public waste management will be accomplished by placing on-site furniture, such as waste receptacles and ash urns, throughout the center. To minimize solid waste generated by the project, the following measures are to be implemented:

1. Construction Phase – During project construction, the following practices should be implemented by the project applicant:

a. Off-site locations for construction waste exported from the project 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.

b. The project applicant 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 project site.

2. Operation Phase – During project operations, the following practices should be implemented by the project tenants within their buildings and will be specified in lease agreements with the project applicant:

a. Recovery of materials such as aluminum and cardboard;

b. Collection of office paper for recycling;

Project applicant

Project
applicant/construction
contractor

Project applicant/tenants
Prior to approval of first
certificate of occupancy

During construction

During operation
Community Development
Department

Public Works Department

Public Works Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
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 project applicant, tenants, and/or property owner are strongly encouraged but not required, to implement design features to support solid waste reduction programs, suggestions include:

a. Detailing the location 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;

e. Providing on-site recycling receptacles in feasible locations accessible to the public to encourage recycling of all business, employees, and patrons.

PDF 2-3 Reduction of trip and travel demand measures are provided in accordance with State Government Code Sections 65089 and 65089.3 (Ord. 1852 § 3(2), 1993). Prior to approval of any development project, the project applicant shall make provision for all of the following applicable transportation demand management and trip reduction measures to promote better air quality. Development Standards for Nonresidential Development of one hundred thousand square feet or more shall comply with this section, and shall additionally provide all of the following measures to the satisfaction of the Planning and Engineering Divisions.

Project applicant Prior to approval of first
certificate of occupancy

Community Development
Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)

1. Displayed Information – A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information shall include, but is not limited to, the following:

a. Current maps, routes and schedules for public transit routers 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 listing of facilities available for car-poolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

2. Vanpool – Not less than 10 percent of employee parking area shall be located as close as practical to the employee entrance(s), and shall 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 information board.

This occurs primarily at the rear of the major retail tenants.

a. Spaces will be signed/striped as demand warrants;

b. At all times at least one space for projects of fifty thousand square feet to one hundred thousand square feet shall be provided;

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
c. Two (2) spaces for projects over one hundred thousand square feet will be signed/striped for carpool/vanpool vehicles;

d. Adequate turning radii and parking space dimensions shall also be included in van pool parking areas.

3. Bicycles – Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first fifty thousand square feet of nonresidential development;

a. Bicycle racks shall accommodate one additional 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.

b. 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;

c. Specific facilities and location (e.g. provision of racks, lockers, or locked room) shall be to the satisfaction of the Director of Community Development.

4. Safety – A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passenger.

5. Sidewalks – Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;

6. Bus Stop – The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe efficient access to nearby transit stations/stops.

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)

7. Circulation – Safe and convenient access from the external circulation system to bicycle parking facilities on site.

8. Employee parking – Employee parking shall be adequately provided within the total number of parking spaces planned for this center. This primarily is located to the rear of the major retail tenants.

During peak shopping periods, off-site parking for employees may be installed.

MM 2-1 The construction contractor shall water a minimum of three times daily for dust control (preferably using reclaimed water) during ground-disturbing activities.

Construction contractor During construction (ground-
disturbing activities)
Construction
contractor/Public Works
Department

MM 2-2 The construction contractor shall operate PM10-efficient street sweepers or roadway washing trucks on adjacent roadways to remove dirt dropped by construction vehicles or dried mud carried off by trucks moving or bringing construction materials at least once a day during ground disturbing activities.

Construction contractor During construction Construction contractor/Public Works
Department

MM 2-3 The construction contractor shall cover trucks or wet down loads of any dirt hauled to or from the project site. A minimum of 24 inches of freeboard shall be maintained on any soil haul truck.

Construction contractor During construction Construction contractor/Public Works
Department

MM 2-4 The construction contractor shall perform low-NOx emissions tune-ups on onsite equipment operating onsite for more than 60 days.

Construction contractor During construction Construction contractor/Public Works
Department

MM 2-5 The construction contractor shall utilize electrical line power instead of portable construction equipment, where feasible.

Construction contractor During construction Construction contractor/Public Works
Department

MM 2-6 The construction contractor shall implement a congestion relief program. The congestion relief program shall require the construction contractor to implement the following:

1. Rideshare incentives, such as bus passes, shall be provided for construction personnel by Operating Industries Incorporated or the Construction Contractor.

2. Off-street parking for construction contractors and employees shall be provided.

Construction contractor During construction Construction contractor/Public Works
Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)

3. Lane closures shall be limited to non-peak traffic hours, as approved by the affected jurisdiction.

4. Receipt of construction materials shall be scheduled for non-peak traffic periods where possible. In addition, receipt of construction materials shall be limited to between the hours of 7 AM and 7PM on weekdays, the hours of 9 AM and 6 PM on Saturdays, and prohibited on Sundays and holidays in accordance with the Monterey Park Municipal Code.

MM 2-7 The construction contractor shall utilize off-road construction equipment that conforms to Tier 3 of the United States Environmental Protection Agency, or higher emissions standards for construction equipment over 50 horsepower that are commercially available during site preparation (i.e., grading, trenching). The construction contractor shall be made aware of this requirement prior to the start of construction activities. Use of commercially available Tier 3 or higher off-road equipment, or:
 year 2006 or newer construction equipment for engines rated equal to 175 horsepower (hp) and greater;
 year 2007 and newer construction equipment for engines rated equal to 100 hp but less than 175 hp; and
 2008 and newer construction equipment for engines rated equal to or greater than over 50 hp.

The use of such equipment shall be stated on all grading plans. The construction contractor shall maintain a list of all operating equipment in use on the project site during site preparation (e.g., grading, trenching). The construction equipment list shall state the makes, models, and numbers of construction equipment on-site.

Construction contractor During construction Construction contractor/Public Works
Department

MM 2-8 Preferential parking spaces for employee carpools and vanpools shall be provided onsite. The location of preferential parking for employees carpool/vanpools shall be shown on the parking plans/Precise Plan for the project to the satisfaction of the Community Services Department.

Project applicant Prior to recordation of Final
Map
Community Development
Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
MM 2-9 The applicant shall submit an onsite circulation plan, including parking lots, that shows the flow of internal traffic to minimize vehicle queuing blocking parking aisles or public streets. The circulation plan shall be designed to the satisfaction of the Community Development Department.

Project applicant Prior to recordation of Final
Map
Community Development
Department

MM 2-10 The applicant shall construct an on-street bus shelter(s) subject to the approval of transit agency staff. A pedestrian pathway from the bus shelter(s) to the project site shall be illuminated to ensure a safe path of travel. The location of the bus shelter, pedestrian pathways, and lighting shall be submitted to the City on the circulation plan and/or lighting plans to the satisfaction of the Community Development Department.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

MM 2-11 The applicant shall connect onsite Class III bicycle lanes with off-site bicycle lanes that will link the facility to designated bicycle paths in Monterey Park. Bicycle circulation shall be shown on circulation plans for the project to the satisfaction of the Community Development Department.

Project applicant Prior to recordation of Final
Map
Community Development
Department

MM 2-12 Bicycle parking facilities, such as bicycle lockers and racks for shoppers and employees, shall be provided onsite to the satisfaction of the Community Development Department. The location of bicycle facilities (e.g., lockers and racks) shall be shown on the Precise Plan for the project.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

MM 2-13 The applicant shall construct onsite pedestrian facilities improvements, such as building access that is physically separated from street and parking lot traffic and walk paths. The circulation plan shall include pedestrian connectivity onsite, and the plan shall be prepared to the satisfaction of the Public Works Department.

Project applicant Prior to approval of first
certificate of occupancy
Public Works Department
MM 2-14 The applicant shall synchronize or cause to be synchronized traffic signals on intersections abutting the development prior to approval of the first occupancy permit.

Project applicant Prior to approval of first
certificate of occupancy
Public Works Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
MM 2-15 The applicant shall request in writing that tenants schedule truck deliveries and pickups for off-peak hours where feasible.

Project applicant During project operation Community Development Department

MM 2-16 The applicant shall provide onsite truck loading zones that are shielded from offsite residential areas. The location of loading zones shall be shown on the Precise Plan to the satisfaction of the Community Development Department.

Project applicant Prior to recordation of Final
Map
Community Development
Department

MM 2-17 The applicant shall work with the City to implement or contribute to public outreach programs, which promote alternative methods of transportation such as information kiosks.

Project applicant During project operation Community Development Department

MM 2-18 During all grading activities, the construction contractor shall apply chemical soil stabilizers on inactive areas (i.e., disturbed areas within the site that are unused for four consecutive days).

Construction contractor During construction grading Public Works Department MM 2-19 Grading operations shall be suspended when wind speeds exceed 25 miles per hour.

Construction contractor During construction grading Public Works Department

5.3 GREENHOUSE GAS EMISSIONS
MM 3-1 End-of-trip facilities, such as showers, lockers, and changing spaces, shall be provided for every 80 employee parking spaces, and separate facilities for each gender shall be provided for projects with 160 or more parking spaces. Such facilities shall be incorporated into the site plan prior to issuance of a building permit to the satisfaction of the Community Development Department.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

MM 3-2 Two preferential parking spaces for alternative-fueled vehicles, including electric vehicles (EVs) and/or compressed natural gas (CNG) shall be incorporated into the site plan prior to issuance of a building permit to the satisfaction of the Community Development Department. The spaces shall be equipped with vehicle recharging stations with both conductive and inductive charging capabilities.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

MM 3-3 Applicants for new developments shall coordinate with construction contractors to integrate locally made building materials for construction of the proposed project, where feasible.

Construction contractor During project construction Community Development Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
MM 3-4 Prior to the issuance of a building permit, development plans for these structures shall be required to demonstrate that the project achieves a minimum energy efficiency 5 percent above the 2008 Title 24, Part 6, Energy Efficiency Standards for Residential and Nonresidential Buildings, of the California Building Code requirements. Design strategies to meet this standard may include maximizing solar orientation for daylighting and passive heating/cooling, installing appropriate shading devices and landscaping, utilizing natural ventilation, and installing cool roofs. Other techniques include installing insulation (high reflectivity value) and radiant heat barriers, compact fluorescent and/or light emitting diode light bulbs, and low- emissivity window glazing or double-paned windows. Use of photovoltaics (PV) or other onsite generation of technologies that have equivalent energy reductions may be substituted for an increase in energy efficiency.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

MM 3-5 Prior to issuance of a building permit, plans shall show the use of materials that minimize the absorption of solar heat and subsequent transfer of heat to its surrounding environment. Cool pavement materials shall be used for any roadway or walkways as shown on the landscaping plan of the Precise Plan. Examples of materials that could be used include lighter-colored pavement materials, porous materials, or permeable or porous pavement. Additional examples of cool pavement materials are available at:

http://www.epa.gov/heatisld/images/extra/level3_pavingproducts/.html or similar websites.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

5.4 NOISE
MM 4-1 4-1 During construction, the construction site supervisor shall ensure that the following minimum operating distances for construction equipment and the buildings located along
Neil Armstrong Drive are maintained:
 Loaded trucks and jackhammers – 20 feet
 Large construction equipment (equivalent to a
large bulldozer) – 40 feet
Construction site
supervisor/construction
contractor
During construction Public Works Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
 Vibratory roller – 50 feet

5.5 TRANSPORTATION AND CIRCULATION (PROPOSED PROJECT AND SMALL-BOX RETAIL ALTERNATE LAND USE PLAN) MM 5-1 During project construction, over-sized transport vehicles used to haul construction materials and/or debris shall be prohibited from using SR-60 without a transportation permit issued by Caltrans. In addition, over-sized truck trips entering and leaving the project site shall avoid the peak commute periods (7 to 9 AM and 4 to 6 PM). The construction contractor shall monitor all over-sized vehicle activities to ensure compliance with these restrictions.

Construction
contractor/Project Applicant
During construction Public Works Department

MM 5-2 Prior to issuance of the first Certificate of Occupancy, the Applicant shall pay the costs of constructing the following mitigation unless otherwise provided for in a Development Agreement with the City or a Disposition and Development Agreement with the Redevelopment Agency, which the City and Redevelopment Agency may or may not provide for alternative funding for mitigation through these agreements in their sole and absolute discretion.
 Markland Drive/Potrero Grande Drive
o Convert the northbound right turn lane to a free right turn lane (no widening of eastbound return lanes required).
 Saturn Street–Greenwood Avenue/Potrero Grande Drive
o Restripe eastbound approach to include a dedicated right turn lane (no widening required).
o Restripe westbound approach to include a dedicated right turn lane (no widening required).

Project Applicant/Public
Works Department

Prior to issuance of the first
certificate of occupancy
Public Works Department

MM 5-3 Modify existing traffic signal to provide overlap right turn phasing for the northbound approach to Wilcox Avenue/Via Campo Intersection.

Project Applicant/Public
Works Department
Prior to issuance of the first
certificate of occupancy
Public Works Department

MM 5-4 Prior to issuance of the first certificate of occupancy, the Applicant shall pay the costs of constructing the following mitigation unless otherwise provided for in a Development Agreement with the City or a Disposition and Development Agreement with the Redevelopment Agency or unless an established fee program is in place to fund such mitigation, in which case the Applicant shall pay the applicable fees or fair share of the cost of such mitigation. The provision for funding of mitigation through a Development Agreement or Disposition and Project Applicant/Public
Works Department

Prior to issuance of the first
certificate of occupancy
Public Works Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Development Agreement or through a fee program may or may not be provided for in the City's and Redevelopment Agency's sole and absolute discretion.
 Garfield Avenue/Pomona Boulevard
o Widen northbound approach and add a second (dual) left turn lane.
o Restripe northbound shared left plus through lane to a dedicated through lane.
 Garfield Avenue/Via Campo
o Restripe the second eastbound through lane to a shared through plus right turn lane.
 Wilcox Avenue/Via Campo
o Modify existing traffic signal to provide overlap right turn phasing for the northbound approach.
 Markland Drive–Vail Drive/Via Campo
o Widen eastbound approach and add a dedicated left turn lane, OR convert the inside westbound through return
lane to a left turn lane, which would not require any
roadway widening. Two westbound return lanes are not
required at this intersection.
o Restripe eastbound shared left plus through lane to a dedicated through lane.
 Paramount Boulevard/SR-60 westbound ramps–Market Place Drive
o Widen eastbound approach to have: 1) left turn lane; and 2) two dedicated right turn lanes.
o Provide a second (dual) left turn on the northbound
approach.
o Widen the westbound approach to provide a second
(dual) left turn lane, one through lane, and a dedicated right turn lane.
 Paramount Boulevard/SR-60 eastbound ramps–Town Center Drive

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
o Widen eastbound approach to have: 1) left turn lane; 2) shared left plus through lane; 3) shared through plus right turn lane; and 4) dedicated right turn lane.
o Widen the westbound approach to have: 1) left turn lane; 2) shared left plus right turn lane; and 3) dedicated right turn lane.
 Paramount Boulevard/Montebello Boulevard
o Consistent with the mitigation measures in the “Traffic Impact Study: Montebello Hills Specific Plan” (KOA
2009), implement Intelligent Transportation System
measures such as signal coordination with the adjacent
ramp intersections, and provide improved overhead
signage to direct off-ramp traffic.
 Montebello Boulevard/Beverly Boulevard
o Restripe the northbound right turn lane to a shared
through plus right turn lane for a total of three through lanes through the intersection.
o Stripe a third northbound through lane on Montebello
Boulevard that can be tapered back to two lanes before
Victoria Avenue. On-street parking on the east side of
Montebello Boulevard will have to be prohibited, at least during the PM peak hour.

MM 5-5 Prior to issuance of the last certificate of occupancy, the Applicant shall pay the costs of constructing the following mitigation unless otherwise provided for in a Development Agreement with the City or a Disposition and Development Agreement with the Agency, which the City and Agency may or may not provide for alternative funding for mitigation through these agreements in their sole and absolute discretion:
 Wilcox Avenue/Pomona Boulevard
Prohibit on-street parking for 200 feet on the north side of Pomona Boulevard and restripe the parking lane to a dedicated westbound right turn lane.

Project Applicant/Public
Works Department

Prior to issuance of the last
certificate of occupancy
Public Works Department

MM 5-6 Prior to issuance of the last Certificate of Occupancy, the Applicant Project Applicant/Public Prior to issuance of the last Public Works Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
shall pay the costs of constructing the following mitigation unless otherwise provided for in a Development Agreement with the City or a Disposition and Development Agreement with the Agency or unless an established fee program is in place to fund such mitigation, in which case the Applicant shall pay the applicable fees or fair share of the cost of such mitigation. The provision for funding of mitigation through a Development Agreement or Disposition and Development Agreement or through a fee program may or may not be provided for in the City's and Agency's sole and absolute discretion.  Garfield Avenue/Pomona Boulevard
o Widen northbound approach and add a second (dual) left turn lane.
o Restripe northbound shared left plus through lane to a dedicated through lane.
o Restripe the #2 southbound through lane to a shared
through plus right turn lane.
 Garfield Avenue/Via Campo
o Restripe the second eastbound through lane to a shared through plus right turn lane.
 Markland Drive–Vail Drive/Via Campo
o Restripe southbound approach to include a dedicated
right turn lane (no widening required).
o The project’s fair-share percentage is 17.4 percent (PM peak hour)
 San Gabriel Boulevard–Paramount Boulevard/Hill Drive
o Restripe southbound approach to include a dedicated
right turn lane (no widening required).
 Paramount Boulevard/SR 60 westbound ramps–Market Place Drive
o Widen eastbound approach to have: 1) left turn lane; and 2) two dedicated right turn lanes.
o Provide a second (dual) left turn on the northbound
approach.

Works Department

certificate of occupancy

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
o Widen the westbound approach to provide a second
(dual) left turn lane, one through lane, and a dedicated right turn lane.
o Modify signal to provide overlap right turn phasing for the northbound, eastbound, and westbound approaches.
 Paramount Boulevard/SR 60 eastbound ramps–Town Center Drive
o Widen the eastbound (off-ramp) approach and add a
shared through plus right turn lane.
 Paramount Boulevard/Montebello Boulevard
o Consistent with the mitigation measures in the Traffic Impact Study – Montebello Hills Specific Plan (KOA
2009), implement Intelligent Transportation System
measures such as signal coordination with the adjacent
ramp intersections, and provide improved overhead
signage to direct off-ramp traffic.
 Montebello Boulevard/Beverly Boulevard
o Restripe the northbound right turn lane to a shared
through plus right turn lane for a total of three through lanes through the intersection.
o Stripe a third northbound through lane on Montebello
Boulevard that can be tapered back to two lanes before
Victoria Avenue. On-street parking on the east side of
Montebello Boulevard will have to be prohibited, at least during the PM peak hour.

5.6 UTILITIES AND SERVICE SYSTEMS
MM 6-1 The project applicant shall upgrade 1,000 feet of the 8-inch water line in Saturn Street between South Orange Avenue and Potrero Grande Drive to a 16-inch line.

Project applicant Prior to issuance of first
occupancy permit
Public Works Department
MM 6-2 The project applicant shall install automatic sprinkler systems with adequate pressure to irrigate landscaping. The sprinkler system shall have the capacity to be connected to future recycled water distribution systems when they become available and be programmed to operate Project applicant Prior to issuance of first
occupancy permit
Public Works
Department/Community
Development Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
during the cooler periods of the day (evening and early morning) to minimize water loss from evaporation, thereby ensuring the efficient use of irrigation water. Landscape irrigation schedules shall be adjusted to accommodate the seasons.

MM 6-3 The project applicant shall use drought-tolerant, low-water-consuming plant varieties to reduce irrigation water consumption in new landscaped areas. Should recycled water become available for the project site, all planted areas shall be irrigated with recycled water.

Project applicant Prior to issuance of first
occupancy permit
Public Works
Department/Community
Development Department

MM 6-4 Prior to the issuance of first occupancy permit, the project applicant shall demonstrate that efficient irrigation systems have been installed, minimizing runoff and evaporation and maximizing the amount of water that reaches plant roots.

Project applicant Prior to the issuance of first
occupancy permit
Public Works
Department/Community
Development Department

MM 6-5 Prior to the issuance of first occupancy permit, the project applicant shall demonstrate that water-efficient design features, including but not limited to lower-volume water faucets (2 gallon per minute), low- flow toilets (1.28 average gallons per flush), waterless water heaters, waterless urinals, automatic on and off water faucets, and water- efficient appliances, have been installed in new construction.

Project applicant Prior to the issuance of first
occupancy permit
Public Works
Department/Community
Development Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
MM 6-6 Prior to the issuance of first occupancy permit, the project applicant shall demonstrate that buildings are engineered with recirculating hot water systems in long piping systems (where water must be run for considerable periods before hot water is received at the outlet).

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MM 6-7 Prior to issuance of the first certificate of occupancy, the project applicant shall upgrade the 1,500 feet of 8-inch water main in Potrero Grande Drive east of Atlas Avenue with a 12-inch water main.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MM 6-8 Prior to issuance of the first certificate of occupancy, the project applicant shall upgrade approximately 500 feet of the 12-inch water main in Greenwood Avenue with a 16-inch water main from Potrero Grande Drive to the terminus of Greenwood Avenue.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MM 6-9 Prior to issuance of the first certificate of occupancy, the project applicant shall replace approximately 300 feet of the 6-inch water main with a 12-inch main between Taylor Drive and the existing 12- inch main in Orange Avenue.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MM 6-10 The City shall continue to collaborate with the San Gabriel Valley Municipal Water District (SGVMWD) to ensure that available water supplies meet anticipated demand in accordance with both the City’s and SGVMWD’s 2010 Urban Water Management Plans.

Public Works
Department/Community
Development Department
Ongoing Public Works
Department/Community
Development Department

MM 6-11 Prior to issuance of first occupancy permits, the project applicant shall prepare a water conservation comparison that demonstrates how the project can reduce water consumption by 5 percent over the 20x2020 requirements, for a 25 percent total reduction when compared to the project’s water demand on Table 5.6-6 of the DEIR. The reduction in water consumption shall be demonstrated through the use of project design features that include, but are not limited to, the features described in Mitigation Measures 6-1 through 6-6 and described in the City’s 2010 mandatory conservation ordinance.

Project applicant Prior to the issuance of first
occupancy permit
Public Works
Department/Community
Development Department

MM 6-12 The project applicant shall install time controlled systems for exterior building lights, parking areas, and outdoor signs to reduce energy consumption. These systems shall be programmed to account for variations in seasonal daylight times.

Project applicant Prior to the issuance of first
occupancy permit
Public Works
Department/Community
Development Department

MM 6-13 The applicant shall use lighter-colored or earth-toned building material and landscaping to reduce energy use, as shown in the Precise Plan.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Exteriors shall incorporate lighter colors that would reflect sunlight and reduce “heat sinks.” The incorporation of lighter colors should be used in areas where they do not conflict with tenant branding.

MM 6-14 High-efficiency lamps shall be installed for all street and parking lot lighting to reduce electricity consumption.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MITIGATION MEASURES INCORPORATED FROM THE 2000 MONTEREY PARK TOWNE PLAZA EIR

3.4 GEOLOGY/SEISMICITY
MM 3.4-1 As a precursor to initiation of the Proposed Action, closure of the North Parcel of the OII Landfill must be completed in accordance with USEPA and CIWMB requirements. As part of the Superfund process, the USEPA shall require the applicant to submit additional work plans, predesign, and construction related documents for the proposed project. The USEPA shall conduct detailed technical reviews of the documents, and subject to approval, can authorize commencement of remedial activities which are a prerequisite for development activities.

The applicant shall also include an analysis of the impacts to the project of a catastrophic failure of the South Parcel OII Landfill slope (parallel to and immediately south of the Pomona Freeway) as suggested by the USEPA. Final USEPA approval shall be provided to the City of Monterey Park prior to approval of grading permits for the landfill area of the site.

Project applicant Prior to issuance of grading
permits
Public Works Department
MM 3-4.2 Prior to the issuance of a grading permit for the project, a complete geotechnical report, subject to approval from the City of Monterey Park Building and Safety Division, shall be prepared by a California certified engineering geologist and a California registered geotechnical engineer with experience at landfill sites and previously contaminated sites. In addition to using the available site information the report will require supplemental field investigation, testing, and analysis to provide geotechnical design parameters for all aspects of the project. Included in the report shall be an analysis of the effects of settlement on the development in the closed landfill area of the site, and recommendations for on-going maintenance as needed.

Project applicant Prior to issuance of grading
permits
Public Works Department
MM 3-4.3 The project shall adhere to the recommendations of the RAP and the project geotechnical reports as approved by the Building and Safety Project applicant Prior to issuance of grading
permits
USEPA and Public Works
Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Division for foundation, excavation, subdrain and surface drainage systems and other geotechnical components of project design. The Applicant shall provide written clearance from the USEPA prior to the initiation of grading activities within the former landfill areas of the project site, and for formerly contaminated areas of the site. This clearance shall be supported by submission of all requisite documentation and a mitigation monitoring plan as needed and deemed acceptable to the City of Monterey Park. The City Engineer of the City’s Building and Safety Division shall review and approve the foundation plans prior to the issuance of any building permits.

MM 3.4-4 The geotechnical report shall require in-grading geologic inspections to locate geologic faults exposed in cut slopes and excavation services. Recommendations shall be made by the geotechnical engineer with regard to the need for measures to prevent negative effects to project structures from seismically induced differential movement across those faults. Similar recommendations shall be made with regard to construction over cut/fill transition zones.

Project applicant Prior to issuance of grading
permits
Public Works Department
MM 3.4-5 The applicant shall complete freeway berm removal work in accordance with an approved work plan detailing the lead-soil excavation, handling and placement. The USEPA and California DTSC shall approve said work plan prior to the issuance of grading permits in the affected areas. Where possible, aerially lead impacted soil shall be disposed of within the final closed North Parcel OII landfill in accordance with the DTSC lead variance. If the lead concentration exceeds the amount allowable under the lead variance, then the lead impacted soil shall be disposed of in a Class I landfill.

Project applicant Prior to issuance of grading
permits
Public Works Department

HAZARDS AND HAZARDOUS MATERIALS
MM 3.5-1 Since the final permeable landfill cap will be penetrated by both gas collection wells and foundation support piles, the cap shall be designed to provide a seal around these penetrations. Cap design around both wells and piles shall be able to maintain its seal as the landfill materials settle, as much as 2.5 feet, plus any appropriate factor of safety. Designs for penetration shall be reviewed by a certified engineering geologist and a certified hydrogeologist prior to being submitted to the USEPA for approval.

Project applicant Prior to issuance of grading
permits
Public Works Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
MM 3.5-2 Installation of both gas collection wells and foundation support piles will generate potentially hazardous waste contaminated with lead and petroleum-based products. Therefore, all installations shall be done by personnel trained and certified to conduct work in hazardous materials. A Work Plan, along with a Health and Safety Plan, shall be prepared and submitted to the regulatory agencies with jurisdiction for approval prior to beginning work. Air monitoring shall be conducted during drilling operations to insure that workers are not exposed to inhalation of potentially hazardous materials. In addition, all materials excavated during drilling operations shall be collected, handled and disposed of in accordance with applicable hazardous waste regulations. Use of “driven” piles shall eliminate the generation of, and thus exposure to, hazardous waste associated with drilling.

For areas of the project site outside the landfill area, risk based remediation shall be considered. It is also possible that passive remediation techniques (natural attenuation, bio-venting, or others) can be applied with regulatory agency approval. Application of these remediation techniques for impacted soils could eliminate the need to excavate and transport contaminated soil to the landfill, and thus reduce the potential for adverse impacts.

Differential settlement of the landfill surface has the potential to rupture lateral collection pipes or sever connections to monitoring probes. Proposed inspection procedures for passive gas collection system must insure proper operation of this system. In addition to risers, the inspection system must insure the structural integrity of collection lateral pipes. Periodic injection and extraction tests should be conducted to determine actual flow continuity and confirm sensor operation.

Project applicant Prior to issuance of grading
permits
Public Works Department

FIRE PROTECTION
MM 3.11-1 The project applicant shall pay the required Public Safety Impact Fee. Project applicant Prior to issuance of a building permit
Community Development
Department

MM 3.11-2 Building permits issued for the project shall be consistent with the most recently adopted Uniform Building Code (UBC) and the City Fire Project applicant Prior to issuance of a
building permit
Community Development
Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Code.

MM 3.11-3 All structures associated with the proposed project shall be completely installed with sprinklers, with standpipe spacing plans to be reviewed and approved by the Fire Department. Plans and specifications for the sprinkler system shall be submitted to the Fire Department for review and approval prior to construction plan approval.

Project applicant Prior to issuance of a
building permit
Fire Department
MM 3.11-4 Access points for the purpose of rescue shall be provided within all structures associated with the proposed project. The access points shall be reviewed and approved by the Fire Department prior to construction plan approval.

Project applicant Prior to issuance of a
building permit
Fire Department
MM 3.11-5 Fire hydrants shall be placed at approximately 300-foot intervals around the entire project site. Exact fire flow requirements and fire hydrant locations shall be first determined by the Fire Department.

Project applicant Prior to the issuance of first
occupancy permit
Fire Department
MM 3.11-6 Fire resistant construction meeting City requirements shall be incorporated into the building design.

Project applicant Prior to issuance of a
building permit
Community Development
Department

POLICE PROTECTION
MM 3.12-1 The project applicant shall pay the required Public Safety Impact Fee. Project applicant Prior to issuance of a building permit
Community Development
Department

MM 3.12-2 Prior to construction of the proposed project, the MPPD shall be consulted and included in the planning of the following project components:
 Landscaping
 Parking structure lighting
 Placement of security monitors
 Building design
 Restroom design and location
 Parking availability and restrictions surrounding the facility Project applicant Prior to issuance of a
building permit
Police Department
MM 3.12-3 An on-site security system, which includes security guards, alarms, and access limits after hours, shall be provided for the proposed project. The project applicant shall consult with MPPD regarding the features of this system.

Project applicant Prior to the issuance of first
occupancy permit
Police Department
MM 3.12-4 Visually isolated pockets within the development shall be minimized.

Emergency exit doors that have partially enclosing angled walls shall Project applicant Prior to issuance of a
building permit
Police Department

3. Mitigation Monitoring Requirements

Monterey Park Market Place SEIR Mitigation Monitoring Program The Planning Center|DC&E

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
be secured with the intent of preventing access to these areas.

MM 3.12-5 Project landscaping shall utilize irrigation systems to deter loitering or sleeping in such areas.

Project applicant Prior to issuance of a
building permit
Public Works Department
MM 3.12-6 Street and landscape lighting acceptable to the City Engineer shall be installed along the streets on each side of the development. Such lighting should be designed to minimize illumination impacts to adjacent residents.

Project applicant Prior to the issuance of a
building permit
Public Works Department
MM 3.12-7 The surface parking lot shall be well illuminated. Such lighting should be designed to minimize illumination impacts on adjacent residents.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

MM 3.12-8 Upon completion of the proposed project, the applicant shall provide the MPPD with a site plan of the project. The plan shall include access routes, unit and/or building numbers, and any information that in the judgment of the Police Department might facilitate police response and/or minimize service requirements.

Project applicant Prior to the issuance of first
occupancy permit
Police Department
MM 3.12-9 Clearly identifiable address indicators shall be provided on all buildings.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MM 3.12-10 Project tenants shall discourage loitering of people and vehicles in parking areas.

Project tenants During operation Police Department
MM 3.12-11 The project applicant shall erect appropriate and aesthetically pleasing barriers (i.e. gates, fences, shrubbery) along property boundaries to minimize human intrusion into landscaped buffer areas.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department

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4. Mitigation Monitoring Reports
Mitigation monitoring reports are required to document compliance with the Mitigation Monitoring Program and to dispute arbitration enforcement resolution. Specific reports include:
 Field Check Report
 Implementation Compliance Report
 Arbitration/Enforcement Report

4.1 FIELD CHECK REPORT
Field check reports are required to record in-field compliance and conditions.

4.2 IMPLEMENTATION COMPLIANCE REPORT
The Implementation Compliance Report (ICR) is prepared to document the implementation of mitigation measures on a phased basis, based on the information in Table 3-1. The report summarizes implementation compliance, including mitigation measures, date completed, and monitor’s signature.

4.3 ARBITRATION/ENFORCEMENT REPORT
The Arbitration/Enforcement Report (AER) is prepared to document the outcome of arbitration committee review and becomes a portion of the ICR.

4. Mitigation Monitoring Reports

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5. Report Preparation

5.1 LIST OF PREPARERS
The Planning Center
William Halligan, Esq.

Vice President, Environmental Services

Leah Boyer
Associate Planner
City of Monterey Park
Jim Basham
Development Services Director

6. Report Preparation

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Appendices

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Staff Report
June 21, 2023

ATTACHMENT 2
Draft Ordinance - Development Agreement (DA-23-01)

ORDINANCE NO. _____

AN ORDINANCE APPROVING AN AMENDED AND RESTATED

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MONTEREY

PARK AND MONTEREY PARK RETAIL PARTNERS, LLC TO

FACILITATE THE DEVELOPMENT OF THE MONTEREY PARK

MARKET PLACE

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Recita
ls. The City Council finds and declares as follows:

A. Monterey Park Retail Partners, LLC, a California Limited Liability Company (“Developer”) entered into a development agreement dated January 16, 2013 (the “Development Agreement") with the City of Monterey Park (“City”), in connection with developing a commercial retail shopping center consisting of approximately 500,000 square feet and a minimum of 1,924 parking spaces on the Oil Cleanup/Edison site (the “Property”), as further described in the precise plan and tentative map approved in conjunction with the Development Agreement, known and referred to as the Monterey Park Market Place (the “Approved Project”).

B. Developer and its affiliates propose to amend and restate the Development Agreement (the “Amended and Restated Development Agreement”) in connection with possible revisions to the Approved Project to allow the development of its final phase with retail, auto dealership, last mile distribution, and/or warehouse uses, parking, and related improvements, as further described in the specific plan (“Specific Plan”) being considered in conjunction with the Amended and Restated Development Agreement (the “Project”). The Amended and Restated Development Agreement is attached to this Ordinance as Exhibit “A,” and incorporated by reference.

C. T he 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. On June 7, 2023, the City Council conducted a duly noticed public hearing to consider the Amended and Restated Development Agreement. Notice of the time, place and purpose of the public hearing was duly provided in accordance with Government Code §§ 65867, 65090 and 65091 and Monterey Park Municipal Code (“MPMC”) § 21.32.070.

City of Monterey Park
Ordinance No. XXXX

E. This Ordinance, and its findings, are based upon the entire administrative record considered during the June 7, 2023 public hearing including, without limitation, the staff report and accompanying documents.

SECTION 2. Planni ng Agency. Pursuant to MPMC § 2.56.020(C), the City Council is the Monterey Park Planning Agency for purposes of this Ordinance.

SECTION 3. Findings. P
ursuant to Government Code § 65867.5, the City Council finds the following:

A. T he Amended and R
estated Development Agreement is consistent with the
General Plan of the City of Monterey Park. The Amended and Restated Development Agreement furthers the goals of the General Plan and is in the interest of the general community welfare in that the Amended and Restated Development Agreement will, among other things, facilitate the development of the Property, which is consistent with the following General Plan policies:

1. Land Use (“LU”) Element Goal 1 [Commercial districts that allow a variety of retail, service, and entertainment uses and that accommodate flexibility over time];

2. LU Goal 2 [Dynamic mix of businesses, uses, and employment that sustains a strong local economy and contributes to a fiscally sustainable tax base];

3. LU Policy 2.1 [Provide flexible and clear development standards to allow commercial, professional, industrial, institutional, and hospitality businesses and uses to expand and thrive economically];

4. LU Goal 12 [High design quality in all new commercial developments and rehabilitation projects];

5. LU 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];

6. LU Goal 14 [The Market Place as a regional destination for diverse shopping, dining and entertainment experiences];

7. LU 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];

City of Monterey Park
Ordinance No. XXXX

8. LU 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 throu gh adjacent residential neighborhoods]; and

9. LU Policy 14.3 [High Design Quality. Insist upon high design quality and landscape treatments upon establishment and over time].

B. The Amended and Restated Development Agreement is also consistent with Economic Development Goal 7.0 and Policies 7.1 through 7.5.

C. The Development Agreement also provides certainty in planning and construction as well as orderly development, while providing assurance to the Applicant that it may construct the Project.

D. T he Amended and Restated Development Agreement complies with the conditions, requirements, restrictions, and terms of MPMC § 21.44.030, in that it includes all mandatory provisions required by Government Code § 65865.2 and does not include any provisions that are not authorized by the Development Agreement Act (Government Code §§ 65864 - 65869.5).

SECTION 4. Envir
onmental Assessment . Because of the facts set forth above, 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,” and incorporated by reference. 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.

SECTION 5. Notic
e of Determination. The C ity Manager, or designee, is directed to fi le a notice of determination in accordance with CEQA §§ 21152, 21167(f); CEQA Guidelines § 15094; and any other applicable law.

SECTION 6. Public
Benefits. The Development Agreement provides for public benefits including, without limitation:

A. The Projec
t will promote the public convenience, health, interest, safety, or welfare of the City and will not adversely affect the orderly development of property or the preservation of property values. Among other things, the Amended and Restated Development Agreement provides for a high- quality

City of Monterey Park
Ordinance No. XXXX

mixed-use development, while preserving the City’s authority to impose health and safety regulations on the Project. The Monterey Park Market Place facilitates the utilization of a key site within the City strategically placed near the 60 Freeway to attract significant national and regional tenants and which is anticipated to attract and generate additional jobs and economic activity in the City, thereby preserving or raising adjacent property values and generating significant additional revenue for the City in the form of additional sales tax and/or property tax.

B. The Project facilitates the development of the Monterey Park Market Place development on an underutilized site within the City and includes provisions intended to ensure that such development will be of high- quality architectural design with successful and high-quality tenants. It also permits construction of a significant commercial/distribution/warehouse project on a site designated in the General Plan for such a project.

C. A public benefits fee of at least $25,000 per year during the term of the Development Agreement (up to $175,000 annually during the term) that may be utilized by the City for any purpose.

SECTION 7. Incorpor
ation of Amended and Restated Development Agreement ;
Changes; Execution. In accordance with Government Code §§ 65864, et seq. this Ordinance approves the Amended and Restated Development Agreement in substantially the form attached as Exhibit “ A,” and incorporated into this Ordinance by reference.

A. The Amended and R
estated Development Agreement may be changed
before execution as authorized by the City Council during the public hearings for the Project.

B. The Amended and Restated Development Agreement may be changed before execution for minor clarifications and technical, clerical, corrections as approved by the City Attorney including, without limitation, completion of references, status of planning approvals, and completion and conformity of all exhibits to the Amended and Restated Development Agreement.

C. The City Council authorizes the Mayor to execute the Amended and Restated Development Agreement on the City’s behalf in a form approved by the City Attorney . The City Manager, or designee, is authorized to execute amendments or operating memoranda as permitted by the Amended and Restated Development Agreement, in a form approved by the City Attorney.

SECTION 8. Constr
uction. 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

City of Monterey Park
Ordinance No. XXXX

this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 9. Enforc
eability. 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 10.

Reliance on Record. Each and every one of the findings and determinations 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 11.

Limitations. 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 12.

Severability. 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 13.

Electronic 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 14.

Publications. 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 15.

Recording. 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.

City of Monterey Park
Ordinance No. XXXX

SECTION 16. Effective Date. This Ordinance becomes effective on the 30 th day following its passage and adoption.

ORDINANCE NO.
___ HAD ITS FIRST READING ON JUNE 7 , 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 ______.

Jose Sanchez, Mayor
ATTEST:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Exhibit A: Development Agreement 23-01
Exhibit B: Notice of Consistency

AMENDED AND RESTATED

DEVELOPMENT AGREEMENT
This Amended and Restated Development Agreement (the “Agreement”) is made this ___ day of _______, 2023, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (the “ City”); MONTEREY PARK RETAIL PARTNERS, LLC, a California limited liability company (“MPRP”); MPRP Tract 1, LLC, a California limited liability company, MPRP Tract 2, LLC California limited liability company ; and MPRP Tract 3, LLC, California limited liability company ( collectively, “Developer”). City and Developer may be collectively referred to as the “Parties” and each may be referred to as a “Party.” The Parties agrees as follows:

1. RECITALS. The Parties enter into this Agreement with reference to the following:

A. Government Code § 65864, et seq. and Monterey Park Municipal Code (“MPMC”) Chapter 21.110 (collectively, the “DA Regulations”) authorize City to enter into development agreements with persons having legal or equitable interests in real property for the development of such real property.

B. Developer owns approximately 51.1 acres of real property located in City’s jurisdiction which is legally described in attached Exhibit “A,” and is incorporated by reference (the “Property”).

C. MPRP and City previously entered into a development agreement dated January 16, 2013 (the “2013 Agreement”) which authorizes development of a commercial retail shopping center consisting of approximately 500,000 square feet and a minimum of 1,924 parking spaces on the Property known and referred to as the Monterey Park Market Place (the “Approved Project”). During the term of the 2013 Agreement, MPRP transferred portions of the Property to its three affiliates (the other Parties listed above).

D. The Approved Project is also described in the Final Environmental Impact Report and Supplemental Environmental Impact Report identified by State Clearinghouse Number 1999051058 (collectively, the “EIR”) and prepared pursuant to the requirements of CEQA.

E. Developer constructed approximately ______ square feet of commercial development on the Property. An approximately eight-acre portion of the Property located north of the 60 Freeway and west of Market Place Drive remains undeveloped. Developer proposes to develop this portion of the Property with retail, auto dealership, last mile distribution, warehouse uses, and/or parking, and related improvements, and from time to time renovate, improve, and/or modify the existing commercial development, all as further described in the Monterey Park Market Place Specific Plan (“Specific Plan”) being considered in conjunction with this Agreement (collectively, the “Project”).

F. Developer and City desire to amend and restate the 2013 Agreement in connection with the adoption of the Specific Plan to allow the development of the Project.

G. Developer filed the following applications with City (the “Project Applications”):

i. An Application for the Specific Plan; and

ii. An application for approval of this Agreement.

H. This Agreement assists with land use planning certainty and provides for the orderly development of the Project in a manner consistent with Applicable Law including, without limitation, the MPMC and the General Plan.

I. All actions taken by City were undertaken in accordance with Applicable Law including the California Environmental Quality Act (Public Resources Code §§ 21000, et. seq.) (“CEQA”), and all of the other requirements of notice, public hearings, findings, votes and other procedural matters.

J. On ________, 2023, the City Council held a public meeting and took the following actions after making appropriate findings:

i. Resolution No. ____ finding that no subsequent or supplemental EIR is required for the Project and that the EIR remains the appropriate CEQA document for the Project;

ii. Introduced and waived first reading of Ordinance No. ____, approving the Specific Plan. Second reading and adoption occurred on ______, 2023.

That Ordinance becomes effective 30 days afterward.

2. DEFINITIONS. Unless the contrary is stated or clearly appears from the context, or is defined elsewhere within this Agreement, the following definitions govern the construction of the words and phrases used in this Agreement. Words and phrases not defined by this Agreement have the meanings stated in the MPMC and any successor statutes or regulations.

"Anniversary Date” means that date each yearly anniversary of the Effective Date.

“Applicable Law ” means all federal, state and local law including, without limitation, the MPMC, uncodified ordinances, resolutions adopted by the City Council, the Specific Plan, and all other regulations affecting the Property in effect on the Effective Date.

“CEQA” means t he Ca
lifornia Environmental Quality Act ( California Public
Resources Code §§ 21000, et seq .) and the CEQA Guidelines (California Code of Regulations, title 14, §§ 15000, et seq.), as amended.

“Conditions of Approval” means those conditions of approval imposed by City in connection with the Specific Plan.

“Development Impact Fees ” or “DIF” means all City -adopted fees and monetary exactions that are designed to pay for new or expanded public facilities needed to serve, or to mitigate the adverse effects of, a given development project and that are imposed by City as a condition of approval of discretionary or ministerial permits for, or in connection with the implementation of, that development project.

The term “Development Impact Fees” does not include processing fees and charges as described in this Agreement . The term “Development Impact Fees” also does not include requirements that development be served by a public utility even if that public utility imposes a capital improvement fee or similar charge as a condition of providing service. The estimated DIFs to be paid for the Project are as set forth on attached Exhibit “B,” which is incorporated by reference.

“Director” means the City Manager, or designee. This Agreement anticipates that the Director will ordinarily be City’s Community Development Director.

“Discretionary Action(s)” or “Discretionary Approval(s)” means a City action requiring the exercise of judgment, deliberation or discretion on the part of City, including any board, agency, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with Applicable Law.

“Effective Date” means, except as provided below, the date this Agreement which is the same as when the Enacting Ordinance (hereafter defined”) becomes effective.

Execution of this Agreement by the parties does not bind the Project or the Developer to actually use or develop the Project pursuant to the terms of this Agreement until the Effective Date. Notwithstanding the foregoing, the indemnity obligations of Developer take effect as of the date this Agreement is executed.

“Enacting Ordinance” means Ordinance No. _____, adopted by the City Council on ________, approving this Agreement.

“Exactions” means all exactions, in -lieu fees or payments, dedications or reservation requirements, obligations for on- site or off -site improvements, construction requirements for public improvements, facilities, or services called for in connection with the development of or construction on the Property , whether such requirements constitute subdivision improvements, mitigation measures in connection with environmental review of any project, or impositions made under any applicable ordinance or in order to make a project approval consistent with the anticipated land use policies of the General Plan.

“General Plan” means the Monterey Park General Plan as of the Effective Date except that the Housing Element to the General Plan may become effective after the Effective Date, and is incorporated into the “General Plan” for purposes of this Agreement upon its certification by the California Department of Housing and Community Development in accordance with Applicable Law.

“Minor Change” means changes, modifications or adjustments which are consistent with the overall intent of the Specific Plan and which do not materially alter the overall nature, scope, or design of the Project including, without limitation, construction or provision of additional parking spaces within any Parking Areas ; relocation of the existing Leachate Treatment Plant; redevelopment of that parcel; and/or the configuration of internal circulation elements.

“Mortgage” means any mortgage, deed of trust, encumbrance, sale leaseback or other security interest encumbering all or any portion of the Property, given by Developer for the purpose of securing funds to be used for financing the acquisition of the Property or any portion thereof, the construction of improvements thereon and/or any other expenditures reasonably necessary and appropriate to develop and/or operate the Project.

“Mortgagee” means the holder of the beneficial interest under any Mortgage.

“Parking Areas” means the areas dedicated for parking, as set forth in the Specific Plan.

“Permitted Uses” means those uses that are specifically permitted by the Specific Plan or, alternatively, the MPMC.

“Processing Fees” means all processing fees and charges required by the City that are applied uniformly to all construction or development related activity including, without limitation , fees for land use applications ; building permit applications ; building permits; grading permits; shoring and excavation permits; hauling permits; encroachment permits ; demolition permits ; subdivision or parcel maps ; lot line adjustments; street vacations; inspections; certificates of occupancy and plan check.

Processing Fees do not mean or include DIFs.

“Project Buildings” means all the buildings permitted under the Specific Plan.

“Project Facilities and Infrastructure” means public and semi -public facilities and infrastructure (including associated grading, engineering, design, construction, and supervision) only to the extent such facilities and infrastructure serve the Project.

“Specific Plan” means that certain specific plan approved for the Project by City Council as part of Ordinance No. ____ on______ , 2023.

“Uniform Codes” means those Uniform Codes adopted by reference in the MPMC in accordance with Government Code §§ 50022.2, et seq. as required by applicable law including, without limitation, Health and Sa fety Code § 18944.5 and Title 24 of the California Code of Regulations. The Uniform Codes govern building and construction standards including, without limitation, the building, plumbing, electrical, mechanical, grading, sign, and fire standards.

“Zoning Regulations” means the zoning regulations in the MPMC that are part of the Applicable Law.

3. GENERAL ACKNOWLEDGMENTS. The Parties acknowledge that: (a) City entered into this Agreement pursuant to Applicable Law and City’s police powers under the California Constitution to, in part, address the need for public facilities and infrastructure in connection with the Project and other property in the area; and (b) nothing in this Agreement may be construed to limit or restrict the exercise by City of its police powers including, without limitation, those of eminent domain.

4. APPLICABILITY OF THIS AGREEMENT. This Agreement does not: (a) grant density or intensity exceeding that otherwise established in the Specific Plan; (b) eliminate future City approvals relating to the Project if applications seeking such approvals are initiated and submitted by the Developer after the Effective Date; (c) guarantee that Developer will receive any profits from the Project; (d) prohibit the Project’s participation in any benefit assessment district that is generally applicable to the surrounding properties; or (e) amend the General Plan.

This Agreement has a fixed term. Furthermore, City may apply any law in effect at the time of Developer’s future application for Project approvals.

5. INTEREST OF DEVELOPER. Developer represents to City that, as of the Effective Date, Developer has a legal or equitable interest in the Property subject only to encumbrances, easements, covenants, conditions, restrictions, and other matters of record.

6. DEVELOPMENT OF THE PROJECT. The Parties agree that:

A. General Development. Any development of the Project on the Property must be conducted in accordance with the terms and conditions of this Agreement.

B. Permitted Uses. The permitted uses of the Project, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements, and other terms and conditions of development applicable to the Project must be those set forth in Applicable Law including, without limitation, the Specific Plan, Conditions of Approval, and this Agreement.

C. Public Benefits Payments. On or before the first Anniversary Date and each subsequent Anniversary Date during the Term, Developer shall make a payment (the “Public Benefit Payment”) equal to the sum of (a) $25,000, (b) $1.00 times the number of square feet of net new floor area of any new Project Building that

was completed following the immediately preceding Anniversary Date (as evidenced by the City’s issuance of a final certificate of occupancy therefor), and (c) ten percent of any rent (as calculated on a triple net basis) actually collected by Developer from the lessee of any new parking lot or parking facility completed on the Property since the immediately preceding Anniversary Date, less any free rent or rent credits granted to such lessee. Notwithstanding the foregoing, (y) the Public Benefit Payment shall not exceed $175,000 in any given year, and (z) any Project Building intended for the following uses are exempt from payment of the Public Benefits Payment: sale or provision of retail goods or services including, without limitation, retail warehouse stores and discount clubs; banks; restaurants; grocery stores and supermarkets; department stores; retail eating establishments; art galleries; beauty/ health spas; fitness centers/gyms/health clubs; florist/nurseries; gas stations; Computer / Software / Technology; temporary/seasonal stores and kiosks; indoor amusement/entertainment/arcades; Medical/Professional/Administrative/Service Offices; or automotive uses, all as permitted under the Specific Plan. If a Project Building includes a mix of exempt and non-exempt uses, the Public Benefits Payment for that Project Building is based on the square footage of net new floor area of the non-exempt uses only.

D. Future Approvals. City agrees that land uses set forth in the Specific Plan and Conditions of Approval are approved or will be approved pursuant to the terms of this Agreement and Applicable Law, provided that Developer satisfactorily complies with all preliminary procedures, actions, payments and criteria applicable as of the Effective Date and generally required of developers by City for processing applications for land developments at such time. City agrees to grant and implement the necessary land use, zoning, site plan or subdivision approvals and to grant other approvals and permits, including ministerial approvals, that will accomplish or facilitate development of the Project for the uses and to the density or intensity of development described and shown in the Specific Plan, Conditions of Approval, and/or this Agreement pursuant to Applicable Law. Any future development of the Property not contemplated by this Agreement requires all discretionary approvals required by the Applicable Law (collectively, the “Future Conditions of Approval”).

E. Applicable Law. Subject to the limitations set forth in this Agreement, Developer may develop the Property in accordance with, and to the extent of, the Specific Plan, Conditions of Approval and this Agreement. City may impose reasonable conditions in connection with any subsequent discretionary permit actions, but such conditions and actions must not prevent development of the Project as contemplated by this Agreement, or place burdensome or restrictive measures on Developer in connection with the development of the Project.

F. Amendment to Applicable Law. In the event the MPMC is amended by City in a manner which provides more favorable site development standards than those in effect as of the Effective Date, Developer may notify City in writing of its desire to be subject to the new standards for the remaining term of this Agreement. If

City agrees, by resolution of the City Council or by the Director’s approval, such new standards will become applicable to the Property.

G. Exception for Uniform Codes. Notwithstanding any part of this Agreement to the contrary, the Project is subject to the City’s enforcement of the “uniform codes” regulating building or construction standards which will apply to the Project at the time the City issues building permits.

H. Approval of Subsequent Tentative and Final Maps. Although the Applicable Law determines the standards for granting or withholding approval of tentative, vesting tentative and final maps and tentative, vesting tentative and final parcel maps, the procedures for processing approval of all such maps must be governed by regulations as may then be applicable.

I. Changes in State and Federal Rules and Regulations. Nothing in this Agreement precludes the application to the Project of changes in Applicable Law, the terms of which are specifically mandated and required by changes in state or federal laws or regulations as provided in Government Code § 65869.5. If City or Developer believes that such a change or addition required by California or federal law or regulation exists, then that Party must provide the other with a copy of such California or federal law or regulation and a statement of the nature of its conflict with the provisions of the Applicable Law and/or of this Agreement.

J. Permitted Fees and Exactions. Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City (e.g., schools fees), City may only charge and impose those Development Impact Fees and Exactions including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, which are in effect on a Citywide basis as of the Effective Date. This Agreement will not be construed to limit the authority of City to charge processing fees for land use approvals, building permits or other similar permits or entitlements which are in force and effect on a Citywide basis at the time application is made for such permits or entitlements and which are designed to reimburse City’s expenses attributable to such application. Developer takes notice pursuant to Government Code § 66020(d) that City is imposing exactions upon the Project in accordance with the Mitigation Fee Act (Government Code § 66000, et seq.). Developer is informed that it may protest exactions in accordance with Government Code § 66020.

K. Term of Map(s) and Other Conditions of Approval. Pursuant to Government Code §§ 66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or may in the future be processed on all or any portion of the Property and the term of each of the Conditions of Approval will be extended for a period of time through the scheduled termination date of this Agreement.

L. Interpretation. Except for such changes as may in the future be mutually agreed

upon between City and Developer or as otherwise provided in this Agreement, Developer intends to develop the Project in accordance with the Specific Plan, Applicable Law, the Conditions of Approval, and the terms and conditions of this Agreement. In the event of any conflict between the provisions in this Agreement, the Specific Plan, and Applicable Law, such conflict will be resolved in the following order of priority: (i) first, the Specific Plan; (ii) then, the Applicable Law; and (iii) finally, this Agreement.

7. OPERATING MEMORANDA.

A. The Parties acknowledge that the provisions of the Agreement require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this Agreement. The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those items covered in general terms under this Agreement. If and when, from time to time, the Parties find that refinements or adjustments are desirable, such refinements or adjustments will be accomplished through operating memoranda or implementation agreements approved by the Parties which, after execution, will be attached to this Agreement as addenda and become a part hereof.

B. Execution of Memoranda. Operating memoranda or implementation agreements may be executed on behalf of City by the City Manager and the City Attorney. In the event a particular subject requires notice or hearing, such notice or hearing will be appropriately given. Any modification to the terms of performance under this Agreement, other than a Minor Change, will be processed as an amendment of this Agreement in accordance with this Agreement and must be approved by the City Council

8. DEVELOPER’S RIGHTS. Developer has and is vested with the right, during the term of this Agreement, including any extensions, to develop the Project as set forth in the Specific Plan.

9. MATERIAL PROJECT MODIFICATIONS. Developer may apply to City for permits, variances, or other approvals to develop portions of the Project in a manner which may be materially inconsistent with the Specific Plan. In such event, such portions of the Project may be reviewed and approved pursuant to the rules, regulations, and procedures of City in effect at the time Developer makes application to City for such development, and to the extent any such application is inconsistent with this Agreement, such application must include an application to amend this Agreement.

10. NON-APPLICATION OF CHANGES IN APPLICABLE LAW. City’s subsequent adoption of any applicable general or specific plan, zoning, subdivision, or building regulation after the Effective Date of this Agreement, or any change in, or addition to, the Applicable Law (other than changes in Processing Fees as provided in this Agreement) including, without limitation, any changes in the General Plan or zoning regulations (including any regulation relating to the timing, sequencing, or phasing of the Project or construction of all or any part of the Project),

adopted after the Effective Date of this Agreement including, without limitation, any such change by means of ordinance, initiative, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by any board, agency, commission or department of City, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict in any way with or be more restrictive than the Applicable Law or Developer’s entitlements under the Specific Plan, may not be applied to the Project during the term of this Agreement unless such changes constitute a change in Uniform Codes.

11. DISCRETIONARY APPROVALS. City will not require Developer to obtain any approvals or permits for the development of the Project in accordance with this Agreement other than those permits or approvals that are required by the Specific Plan or Applicable Law. However, any subsequent Discretionary Approval initiated by Developer that is not permitted by the Specific Plan or Applicable Law are subject to all applicable law then in effect. Approval of any off-site signs, digital signs, or signs otherwise not permitted pursuant to the MPMC and Applicable Law is not authorized by the Specific Plan and is not considered (for purposes of this Agreement) part of the Project.

12. TIMING OF DEVELOPMENT. To the maximum extent permitted by law, it is the Parties’ express intention that the Project will not be subject to any subsequently enacted initiative or ordinances adopted in response to an initiative which in conflict with the Specific Plan, Conditions of Approval and/or this Agreement including, without limitation, any subsequently enacted initiative or ordinance adopted regarding consistency with the Project and/or Conditions of Approval with the General Plan. Without limiting the foregoing, it is the further intention of the parties that development of the Property be exempt from any subsequently enacted initiative or ordinances adopted in response to an initiative or City Council action that limits the number of building permits which may be issued in any year or otherwise seeks to limit the Developer’s development plan. Because the California Supreme Court held in Pardee Construction Co. v.

City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that, subject to any infrastructure phasing requirements that may be required by the Conditions of Approval, Developer may (without obligation) develop the Property in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Notwithstanding this total exemption of the Property from local ordinances regulating the number of building permits which may be issued per year, if there is a judicial determination as a result of proceedings instituted by anyone not a party to this Agreement that the Property is subject to a subsequently adopted ordinance or initiative regulating the number of building permits which may be issued, then Developer shall be entitled to construct the amount of square feet of Project Buildings specified in the Conditions of Approval. As a material part of this Agreement, City agrees that it will not (except as otherwise specifically authorized herein) determine, or seek to have a judicial determination made, that the Property is subject to any subsequently enacted ordinance or initiative regulating the number of building permits which may be issued in any year. This commitment is necessary and in the best interests of the parties in order to provide the open space, parks, public facilities

infrastructure necessary to meet the requirements of the Conditions of Approval, if any, and the needs of City.

13. PERMITTED USES. Permitted uses of the Property, the density and intensity of such uses, the maximum heights and sizes of the Project Buildings and improvements to be constructed on the Property, and the reservation and dedication of land for public purposes, if any, required in connection with the development of the Property are as set forth in and consistent with the Specific Plan, and this Agreement does not authorize construction of any building or improvement exceeding the maximum density or building heights set forth in or otherwise required by the Specific Plan, as it may be lawfully amended by Developer from time to time.

14. COVENANTS RUNNING WITH THE LAND. As of the Effective Date for any portion of the Property and continuing for the Term provided in this Agreement, the terms and provisions of this Agreement are enforceable by the Parties as equitable servitudes affecting such portion of the Property, constituting covenants running with such portion pursuant to California law including, without limitation, Civil Code § 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon such portion of the Property, run with such portion, and be binding upon Developer and the successors and assigns of Developer during their respective ownerships of such portion of the Property.

15. 2013 AGREEMENT. Upon full execution of this Agreement by the Parties, the 2013 Agreement is superseded in its entirety and is of no further force or effect.

16. OBLIGATIONS OF CITY. In consideration of Developer entering into this Agreement, City agrees to the following with respect to the development of the Property:

A. Processing. City recognizes that expeditious processing of ministerial permits and approvals and discretionary actions, if any, and any other approvals or actions required for the Project can be helpful to the Project. In recognition of this value, City agrees to reasonably cooperate with Developer to establish time frames for processing and reviewing such ministerial permits and approvals and discretionary actions and to comply with any timeframes established in the Conditions of Approval. Upon satisfactory completion by Developer of all required preliminary actions and payments of appropriate processing fees, if any, City must promptly commence and diligently proceed to complete all required steps necessary for the implementation of this Agreement and the development by Developer of the Property in accordance with the other Conditions of Approval including, without limitation, the following:

i. the holding of all required public hearings; and

ii. the processing and approval of all ministerial approvals and related matters as necessary for the completion of the development of the Project.

In this regard, Developer will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder as required by the Applicable Law and

must cause Developer’s planners, engineers and all other consultants to submit in a timely manner all required materials and documents therefore as required by the Applicable Law.

iii. Standard of Review. The rules, regulations and policies that apply to any ministerial approvals which must be secured before the construction of any portion of the Project must be the Applicable Law. Any ministerial approval, including without limitation a building permit, must be approved by City within a reasonable period of time after application is made therefor.

iv. Contract Services. If requested by Developer, at Developer’s expense, City must obtain outside contractual services as necessary to ensure prompt processing of all Conditions of Approval.

17. REIMBURSEMENT FOR CITY’S EFFORTS ON BEHALF OF DEVELOPER. To the extent that City, on behalf of (and requested by) Developer, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Project as described in this Agreement, Developer must reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreement. Any fees, assessments or other amounts payable by City pursuant to any such agreement described herein must be borne by Developer, except where Developer has notified City in writing, before City entering into such agreement, that it does not desire for City to process an application from any third-party entity.

18. OTHER GOVERNMENTAL PERMITS. City agrees to cooperate with Developer in Developer’s endeavors to obtain permits and approvals as may be required from other governmental or quasi-governmental agencies having jurisdiction over the Property or portions thereof (such as, for example, without limitation, public utilities or utility districts and agencies having jurisdiction over transportation facilities and air quality issues), so long as the cooperation by City will not require City to incur any cost, liability or expense without adequate indemnity against or right of reimbursement therefor from Developer.

19. SIGN APPROVAL. Developer acknowledges that off-site signs and digital signs are currently prohibited in City and that any amendment to the MPMC prohibiting such signs must be submitted for voter approval. If Developer requests an amendment to the MPMC and the City Council, in its sole and absolute discretion, elects to submit any such measure to City’s electorate which would have the effect of permitting off-site and/or digital signs in City, Developer agrees to pay for any and all City fees and costs related to the potential preparation and election costs related to the ballot measure. In addition, Developer must defend and indemnify City against any legal challenge related to or arising from the proposed ballot measure.

20. TERM OF AGREEMENT. This Agreement is binding upon the Effective Date and, except as otherwise provided, remains in effect for a period of five years commencing from the issuance of the first Certificate of Occupancy for the Property unless terminated earlier by its terms or extended under this Section 20 (the “Term”). Pursuant to MPMC § 21.44.020(E), and except

otherwise provided, this Agreement will automatically renew twice for an additional two-year Term, not to exceed a total Term of nine years. That automatic renewal will occur on the anniversary of the Effective Date unless either Party opts, in writing, not to renew the Agreement not less than 90 days before that renewal date. Nothing in this Section prevents Developer from applying to extend the Term for an period of time by providing a written extension notice to City within thirty days of the end of the Term, provided that there is no uncured default of any of Developer’s material obligations under this Agreement at the time. Expiration or termination of this Agreement does not invalidate any prior permits or approvals on the Property issued by City before such expiration or termination, nor does such expiration affect any right City may have by reason of Developer’s covenants to dedicate land or provide public improvements in conjunction with any portion of the Property which is under construction at such time.

21. PUBLIC BENEFITS. The Parties acknowledge and agree that Developer’s agreement to perform and abide by the covenants and obligations of Developer set forth herein is material consideration for City’s agreement to perform and abide by the covenants and obligations of City set forth herein, including without limitation the following specific public benefits for this Agreement:

22. MITIGATION MEASURES. Developer must comply with the Mitigation Measure and Reporting Plan (“MMRP”) adopted via Resolution No. XXXX on XXXX, 2022 is incorporated by reference into this Agreement as if fully set forth. Failure to comply with the MMRP constitutes a material breach of this Agreement.

23. GREEN CONSTRUCTION. Developer agrees to analyze the feasibility of incorporating green construction practices, materials and features that are environmentally sustainable into new Project Buildings.

24. NEXUS/REASONABLE RELATIONSHIP CHALLENGES. Developer consents to and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs required by the Applicable Law or this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax.

25. OTHER GOVERNMENTAL PERMITS. Developer must apply in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Property as may be required for the development of, or provision of services to, the Project.

26. CONSTRUCTION AND FUNDING OF PROJECT FACILITIES AND
INFRASTRUCTURE. Developer must construct or fund the construction of any Project Facilities and Infrastructure at the time such Project Facilities and Infrastructure are needed to satisfy the requirements of the Specific Plan. Except as otherwise provided, Developer has no responsibility for the operation, maintenance, repair or replacement of Project Facilities and Infrastructure.

27. IMPROVEMENT SECURITY. To the extent any Project Facilities and Infrastructure are not financed by a State agency and are being constructed following approval of the relevant final subdivision map, Developer must provide appropriate improvement security pursuant to Government Code §§ 66499, et seq. Any such improvement security must be released in the manner provided by Government Code § 66499.7. City agrees to use reasonable efforts to ensure the partial release of any improvement security provided by Developer upon the partial performance of the secured act or City’s good faith acceptance of the secured Project Facilities and Infrastructure as completion of such improvements progresses.

28. DEDICATIONS. To the extent that rights-of-way or other interests in real property owned by Developer within the Property are needed for the construction, operation or maintenance of Project Facilities and Infrastructure, Developer must dedicate such right-of-way or other interest in real property to City (or other appropriate entity) at the time such land is actually needed for Project Facilities and Infrastructure. Any public improvements constructed by Developer and dedicated to City, and any right-of-way or other real property dedicated to City, will be dedicated free and clear of any liens unacceptable to the City. City must consider accepting each offer of dedication of the Project Facilities and Infrastructure required by this Agreement or the Specific Plan within 60 days of such offer by Developer, provided that the applicable improvements are completed consistent with the Applicable Law. All other Developer offers of dedication required by this Agreement or the Project Approvals must be accepted by the City within a reasonable time, provided that the applicable improvements are completed consistent with Applicable Law.

29. REVIEW OF COMPLIANCE. City will conduct a review of this Agreement as set forth in the following subsections.

A. Annual Review. City must review the extent of good faith compliance by Developer with the terms of this Agreement at least once every 12-month period from the Effective Date of this Agreement.

B. Procedure. Such annual review must be conducted in accordance with the MPMC.

C. Notice. Cit y must notify Developer in writing of the date of review at least 30 days prior thereto.

D. Good-faith Compliance. During each annual review, Developer is required to demonstrate good faith compliance with the material terms of this Agreement.

Developer agrees to furnish reasonable evidence of good faith compliance as City, in the exercise of its reasonable discretion, may require. If requested by Developer, City agrees to provide to Developer, a certificate that Developer, or a duly authorized assignee, transferee or successor in interest, is in compliance with the terms of this Agreement, provided Developer reimburses City for all reasonable and direct costs and fees incurred by City with respect thereto.

E. Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as

City, in the exercise of its reasonable discretion, may require.

F. Cost of Annual Review. The act ual and reasonable costs incurred by City in connection with the annual review must be borne by Developer.

G. Failure to Conduct Annual Review. City’s failure to perform an annual review does not constitute a Developer default.

H. Special Reviews. In a ddition, the City Council may order a special periodic review of Developer’s compliance with this Agreement at any time. The cost of such special reviews will be borne by City, unless such special review demonstrates that Developer is not acting in good faith compliance with the material provisions of this Agreement. In such cases, Developer must reimburse City for all actual and reasonable costs, direct and indirect, incurred in conjunction with the special review.

I. Procedure for Review. The Director will conduct the review contemplated by this Section to ascertain whether Developer has reasonably complied in good faith with the material terms and conditions of this Agreement during the period for which the review is conducted. The Director will give Developer notice that any such review has been commenced, and give Developer at least 20 days after Developer’s receipt of such notice to provide the Director such information as Developer deems relevant to such review. In addition, upon the written request of the Director, Developer must furnish such documents or other information as reasonably requested by the Director.

J. Finding of Compliance . If, following such a review, the Director finds good faith compliance by Developer with the material terms and conditions of this Agreement, the Director will issue to Developer an executed certificate of compliance, certifying Developer’s good faith compliance with the terms and conditions of this Agreement through the period of such review.

K. Finding
of Non-Compliance. If, following such a review, the Director finds that Developer has not complied in good faith with the material terms and conditions of the Agreement, the Director will provide notice to Developer detailing such non-compliance. Upon receipt of such notice, Developer (or a Mortgagee, if any, as provided in Section 30.B) may commence to cure the stated non-compliance in accordance with the terms of this Agreement. If Developer (or a Mortgagee, if any) fails to cure the non-compliance pursuant to the terms of this Agreement, the Director must notify the City Council that the Agreement be terminated.

Developer (or a Mortgagee, if any) may dispute any such claim of non- compliance or failure to cure at a public hearing before such termination.

L. Effect on Default Procedures. Nothi
ng in this Section may be interpreted to
prevent City from providing Developer (and any Mortgagee that has requested such notice pursuant to Section 30.B) with a notice of default hereunder at any