Monterey Park City Council
September 18, 2024

Resolution No.

E. MPMC section 21.08.010 —to promote the overall improvement of all residential areas as well as provide regulations for the safe, efficient and creative design of the residential areas within the City. The zoning districts are intended to be consistent with the land use designatio ns of the General Plan and serve as the primary tool of implementation of land use policy.

SECTION 6: Tentative Map Findings . Pursuant to MPMC section 20.04.080 and Government Code section 66474, the City Council finds that none of the mandatory findings for denial are present with this Project. Further pursuant to MPMC section

20.04.070, the City Council finds that the proposed subdivision is:

A. Consistent with the Monterey Park General Plan as stated in Section 5 of this Resolution.

B. Not located within any specific plan or planned development.

C. Consistent with the provisions of MPMC section 20.04.070(a)(3) because the proposed subdivision is consistent with the provisions in this code, including development standards in MPMC Chapter 21.08 for the R-3 zone and use of the MPMC Chapter 21.18, Affordable Housing Incentives – Density Bonus related to parking, open space, setbacks, and landscaping which will help create affordable housing opportunities.

D. In the interest of public health and safety in that, the project is not detrimental to, the surrounding land uses and improvements as it provides an appropriate visual appearance, and contributes to the City’s housing stock in an existing high-density residential neighborhood, further the site will be fully served by all utilities.

E. A necessary prerequisite to the orderly development of the surrounding area by providing a well -designed project that is suitable for the location where it is proposed and the surrounding land uses including single and multi -family residential development in the vicinity of this site.

SECTION 7: Design Review Findings . Pursuant to MPMC section 21.36.060, the City Council finds as follows:

A. The architecture and mass of new buildings and structures and modifications of existing buildings and structures are compatible and in keeping with the character of the neighborhood and not detrimental to the general welfare of the neighborhood in which they are located.

The proposed project’s architecture and mass of buildings and structures are compatible and in keeping with the character of the neighborhood and not detrimental to the general welfare of the neighborhood, in that the design of the buildings include recess ed doorways, balconies, accent walls, and wall offsets

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that help to break up the massing of the buildings. The transition between the row of townhomes and the larger condo building in the rear also provides for the gradual transition to a higher density development as allowed by the Zoning Code and Density Bonus.

B. The design and architecture reflects the values of the community; enhances the surrounding environment; and harmonizes with its surroundings.

The proposed project’s architecture includes a contemporary style of architecture, combining clean lines, simple building forms such as a flat roof with a parapet, a mix of wall finishes including stucco finishes, concrete accent walls, wood siding, and windows with dark trims which reflects the values of the community, enhances the surrounding environment and harmonizes with its neighborhood surroundings.

C. The landscaping provides a visually pleasing setting for structures on the site.

The proposed project’s landscaping will provide a visually pleasing setting for structures on the site as the preliminary landscape plans include a mix of plant materials that include various heights and types of landscaping.

D. The design, quality, and location of signs are consistent with the character and scale of the structures to which they are attached and are visually harmonious with surrounding development.

The proposed project does not include signs, which is consistent in character with the residential neighborhood. The lack of signs within the project and the neighborhood will maintain the visual harmony within the surrounding development.

SECTION 8: Adoption and Approval. Based on the foregoing, the City Council adopts the MND and approves TM, and DR, subject to conditions in the attached Exhibit “A” which are incorporated by reference. The MND is set forth in the attached Exhibit “B” which is incorporated by reference.

SECTION 9: Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council' s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 10: Reliance on Record . Each and every one of the determinations in this Resolution 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.

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SECTION 11: Limitations. The City Council' s analysis and evaluation of this matter is based on the best information currently available. It is inevitable that in evaluating the matter that absolute and perfect knowledge of all possible aspects of the matter will not exist. One of the major limitations on analysis of the matter 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 in the City' s ability to solve what are in effect regional, state, and national probl ems 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 Resolution 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 provision or application and, to this end, the provisions of this Resolution 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: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 15: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 16: The City Clerk is directed to mail a copy of this Resolution to any other person requesting a copy.

SECTION 17: The Mayor, or presiding officer, is hereby authorized to affix its signature to this Resolution signifying its adoption by the City Council of the City of Monterey Park, and the City Clerk, or her duly appointed deputy, is directed to attest.

(Mayor signature and attestation must be on the same page.)

PASSED AND ADOPTED this 18th day of September 2024.

________________________________
Thomas Wong, Mayor

Resolution No.

Attest:

__________________________
Maychelle Yee, City Clerk

Approved as to Form:

Karl H. Berger, City Attorney

By:________________________
Justin A. Tamayo, Deputy City Attorney

Exhibit A

CONDITIONS OF APPROVAL
338 – 410 S. ALHAMBRA AVENUE
(the “Subject Property”)
In addition to all applicable provisions of th e Monterey Park Muni cipal Code (“MPMC”), The Commons of MPK, LLC (t he “Permittee”), agrees to comply with the following conditions of approval (“Project Conditions”) for Tentative Map No. 84188 ("TM-23-05”), and Design Review (“DRB-23-105”).

Unless the contrary is stated or clearly appears from the context, the construction of words and phrases used in the Project Conditions use the definitions set forth in the MPMC.

STANDARD PROJECT CONDITIONS:

1. The Subject Property must be develo ped and/or used in the manner requested and must be in substantial conformity with the submitted plans date-stamped August 2, 2024, unless revisions and/or addi tional conditions are specifically required herein.

2. This approval runs with the land. A ll rights and obligations of this approval, including the responsibility to comply with the Project Conditions, are binding upon Permittee’s successors in interest. The Project Conditions may be modified, terminated, or abandoned in accordance with applicable law including, without limitation, the MPMC.

3. Any proposed deviations from the Ex hibits, Project Description or Project Conditions must be submitted to the City Planner, or designee. The City Planner may approve minor deviations and may re fer any and/or all proposed deviations to the City Council for review, evaluation, and approval or denial. Any unapproved deviation from this Resolution is a violation of these Project Conditions.

4. When exhibits and/or Project Condition s conflict, the written Project Conditions prevail.

5. The approvals conferred by this Reso lution will be suspended for the period that any Project Condition is appea led whether administrativel y or as part of a legal action filed in a court of competent juri sdiction. If any Pr oject Condition is invalidated by a court of law, the Pr oject must be reviewed by the City and substitute conditions may be imposed.

6. The Permittee must comply with all requi rements of this Resolution, the MPMC, policies, and regulations of any State, Federal or local agency with jurisdiction over the Project, and any other applicable law.

2 7. The Permittee must sign these Project Conditions, as set forth below, to acknowledge acceptance, within 30 days fr om the date of approval by the City Council.

8. This decision is not effective until t he Permittee acknowledges acceptance of all Project Conditions, and any appeal period has lapsed, or a waiver of right to appeal is filed or if there is an appeal, until a final decision has been made on the appeal.

By use of the entitlement s granted by a development application, the Permittee acknowledges agreement with the Project Conditions.

9. Anything which is not shown on the applicat ion/plans, or which is not specifically approved, or which is not in compliance with this section, is not approved. Any application and/or plans which are defective including, without limitation, omission, dimensions, scale, use, colors, material s, encroachments, easements, etc., will render entitlements granted by this approval null and void. Construction must cease until all requirements of this approval are complied with. Development entitlements may be withheld until violations of the MPMC are abated.

10. The Permittee must contact the City Planner, or designee, to arrange one or more site inspections as necessary to ensure that Permittee has complied with all Project Conditions before exercising any of the rights conferred by this Resolution.

11. The Permittee must reimburse the city for all attorneys' fees expended by the City that are related to the proce ssing of this Project. All a ttorneys' fees must be paid before commencement of the rights conferred by this Resolution.

12. The Permittee’s failure to comply with, or breach of, any condition can, in addition to any other civil or criminal action, resu lt in modification or revocation of this approval. The City may, in accordance with applicable law, undertake actions and incur costs that may be required to effect compliance. All such costs including, without limitation, attorney’s fees, must be reimbursed by the Permittee or current property owners in accordance with applicable law.

13. The Permittee must comply with all condit ions of approval related to the Project before the City will issue a certificate of occupancy.

14. All conditions of appr oval must be superimposed on the construction drawings submitted for which a building permit is issued.

15. The Permittee agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City’s approval of TM-23-05, and DRB-23-105 except for such loss or dam age arising from the City’s sole negligence or willful misconduct. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of TM-23-05, or DRB-23-105 the Permittee agrees to defend the City (at the City’s reques t and with counsel satisfacto ry to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in

3 settlement or otherwise. For purposes of this section “the City” includes the City of Monterey Park’s elected officials, appointed officials, officers, and employees.

PLANNING:

16. Permittee must revise the architectural plans dated August 2, 2024, to reflect electric vehicle charging consistent with public benefits as detailed in the Development Agreement.

17. All mitigation measures contained within the final Mitigated Negative Declaration are incorporated by reference into these Project Conditions.

18. The Permittee must prepare and submit covenants, conditions and restrictions (“CC&R”), for review and approval by the City Attorney, ensuring the continued affordability of the seven dwelling units designated for very-low-income households for a minimum period of 55 years.

19. The Permittee must install signage throughout the Subject Property to prevent unpermitted parking of vehicles in drive aisles, fire lanes, and to prevent overnight parking of unauthorized vehicles.

20. The Permittee must incorporate enhancements to the central courtyard portion of the Project to include barbecue areas and shaded areas, to the satisfaction of the City Planner.

21. Landscaping/irrigation must be maintained in good condition at all times as determined by the City Planner, or designee.

22. All planting and irrigation systems must be installed and fully operational before the issuance of final certificates of occupancy. The Permittee must provide the City Planner, or designee, a self-certification for the installation of landscape by a State licensed Landscape Architect.

23. A final map must be approved and recorded before the City issues a certificate of occupancy for any portion of the Project.

24. All enclosed garage spaces must be used for off-street parking only. This condition must be included in the CC&Rs recorded for the Subject Property.

25. The Permittee must keep the Subject Property in a clean and safe condition by, at a minimum, performing all of the following tasks:
a. Properly removing, storing, and dispos ing all trash, litter, rubbish and debris on the Subject Property.
b. Removing graffiti on the Subject Pr operty within forty-eight hours of its occurrence;

4 c. Keeping driveways, sidewalks, park strips, fire access roads and streets on or adjacent to the Subject Property clear and clean; and d. Providing adequate lighti ng on the Subject Property.

FIRE:

26. Fire Flow Verification. Before Fire Department approv al and/or map recordation, the Permittee must provide to the Fire De partment verification from the water purveyor that the water purveyor can provide the required fire flow. Such verification must be no older than six months.

27. In the event of any loss of power, all access gates across roadways or entrances to facilities must fail in the unlocked/open position, as applicable.

28. Fire protection plans (fire sprinklers, fire alarm, fire suppression systems, smoke alarm systems, standpipe systems, and fire hydrants) and emergency responder radio coverage, must be approved before the issuance of any building permits.

29. The Permittee is responsible for the development, im plementation and maintenance of an approved, written safety plan establishing a fire prevention program at the Subject Property applic able throughout a ll phases of the construction work.

ENGINEERING:

30. The Permittee must record the Final Map after the City approves the final map in accordance with the MPMC and accepts any applicable bonds or agreements. A refundable $187 cash deposit is to be subm itted to guarantee that developer will provide the City with one (1) transparent 4 mil thick mylar tracing, one (1) electronic file of approved final map tracings transferable to City’s AutoCAD and GIS systems and two (2) blueprints of the recorded map which must be filed with the City Engineer’s Office within three (3) months of recordation. If recorded copy is not submitted by the end of the three month time period, developer will forfeit the $187 cash deposit.

31. The Permittee must provide written doc umentation evidencing that there are no liens against the subdivision for unpaid taxes or special assessments and submit Los Angeles county tax bill, tax payment receipt, and copy of cancelled check before filing a Final Map with the City for approval.

32. Permittee agrees to pay City any development impact f ees ("DIFs") that may be applicable to the Project. Permittee takes notice pursuant to Government Code 66020(d) that City is imposing the DIFs upon the Projec t in accordance with the

5 Mitigation Fee Act (Government Code 66000, et seq.). Permittee is informed that it may protest DIFs in accordance with Government Code 66202.

33. For any future subdivision and or dev elopment, pursuant to the Los Angeles County Municipal “National Pollutant Di scharge Elimination System (“NPDES”) Permit,” under which the City of Monterey Park is a permi ttee, that involves the disturbance of soils by grading, cleari ng and/or excavation, the Permittee is required to obtain a “General Construction Activity Storm Water” Permit, and the City of Monterey Park will condition a grading permit on evidence of compliance with this permit and its requirements. Comp liance information is available in the office of the City Engineer. Additionally, the project will require the preparation of a Low Impact Development (“LID”) Plan. The LID plan must be reviewed and approved by City before issuance of permits. Upon approval of the NPDES documents by the City, the Permittee must submit an electronic copy of the approved NPDES file, including site drawings, before the City issues a Building or Grading Permit.

34. All improvement plans, including grading and public improvem ent plans must be based upon City approved criteria. Benchmark references to be obtained from the Engineering Division.

35. For any future subdivision and or dev elopment, a Water Plan must be submitted for review and approval by the City En gineer. This plan must substantiate adequate water service for domestic flow , fire flow and identify backflow prevention. A water system analysis must be provided by the Permittee to demonstrate that the new development does not negativel y impact the existing system. If the existing system does not have adequate pressure and fire flow to serve the development, the Permittee is responsible for upgrading the water main as necessary in the public right-of-way.

36. The Permittee must provide surv ey monuments denoting the new property boundaries and lot lines to the satisfaction of the City Engineer. All maps must be prepared from a field survey. Compiled maps are not permitted. Whenever possible, lot lines must be located to coincide with the top of all man-made slopes.

Any deviation from this requirement must be approved by the City Engineer.

37. For any future subdivision and or devel opment, a site drainage plan must be prepared for review and approval by the City Engineer. The property drainage must be designed so that the proper ty drains to the public street or in a manner otherwise acceptable to the City Engineer. Drainage fr om contiguous properties must not be blocked and must be accomm odated to the satisfaction of the City Engineer. A hydrology and hydraulic study of the Subject Property will be required for submittal to the City Engineer for review and for approval.

6 38. The domestic water demand should be provided to the City in the form of (Average Hourly Demand) and (Peak Hourly Demand). If it is determined that the surrounding infrastructure is inadequate to meet the additi onal demand of the Project, the Permittee must provide recommendations to improve the system to a level needed to meet the additional demand. This should include hydraulic modeling and calculations supporting the recommendation. The proposed system improvements will be reviewed and validated by the City's Water Division and the City Engineer.

39. Water Division requirements are to be determined upon completion and submittal of a water meter sizing sheet by the Permittee. This may include upsizing of water meter and water services. All upgrade costs are the responsibility of the Permittee and must be completed before approval of the grading and drainage plans.

40. All drainage facilities serving the development must accommodate a 50-year storm. If existing storm drain facilities are inadequate, they must be enlarged as necessary. All storm drain facilities mu st be designed and constructed to Los Angeles County Department of Public Works standards and specifications, and to the satisfaction of the City Engineer before approval of the Grading and Drainage Plans.

41. For any future subdivision and or dev elopment, the Permittee must prepare a Street Improvement Plan which may include the full width resurfacing/reconstruction of Alhambr a Avenue along the development, and the rehabilitation of sidewalk, driveway approaches, and curb and gutter along the entire the Subject Property frontage. The Permittee is responsible for the construction installation costs of said improvements and any incidental work thereof and plans must be approved by the City Engineer.

42. Any damage to existing street improvements and utilities during construction must be repaired before the City issues any cert ificates of occupancy. Pre-existing damaged, deteriorated, subs tandard or off grade curb, gutter, driveways and sidewalk must be repaired or replaced to the satisfaction of the City Engineer.

43. The Grading and Drainage Plan must be s ubmitted. The plans must include the removal and reconstruction of sidewalk, driveway approach, and curb and gutter along the entire Subject Property frontage on Alhambra Avenue.

44. All public improvements must comply with the latest standards and specifications of and/or used by the Cit y. All public improvements must be completed and accepted by the City, or unless a public improvement guarantee and agreement is posted, before approval of the final map by the City Council.

7 45. For any future subdivision and or development, all electric, telephone and cable TV utility services must be installed underground according to City and public utility standards. Satisfactory provisions for a ll other utilities and service connections, including water, sewer, and gas, must be completed to City and public utility standards. A utility plan must be prepared and submitted before approval of the grading and drainage Plans. The utilities may be shown on a separate plan or on the proposed site plan.

46. The tentative map must be in accordance with the specific criteria noted by the City Engineer. Verify and submit the correct drainage pattern of adjacent properties.

47. Parkways must be irrigated and landscaped pursuant to plans submitted for review and approval by the City Engineer, before approval of the Grading and Drainage Plans. The need for preserving existing st reet trees and/or planting additional street trees will be reviewed and approv ed by the City Re creation and Parks Department.

48. Plans must be revised to install 20 feet of a red curb to the south of the northern most driveway and 20 feet of red curb to the north of the southern-most driveway, which will allow cars to see around parked vehicles and to safely exit the Subject Property driveways, to the satisfaction of the City Engineer.

PLANNING COMMISSION ADDED CONDITION

49. To better minimize and mitigate traffic, air quality, and noise impacts from project construction activities, the developer shall submit a construction traffic and management plan that shall be approved by the City Engineer before the start of construction. Plan shall include, without limitation elements including truck hauling routes, traffic control plans, temporary traffic controls, hours of operation, and a notification plan to the area residents of a minimum of 4 weeks in advance of such activities.

By signing this document, Alex Lai representing The Commons of MPK, LLC (“Permittee”) certifies having read, unde rstood, and agrees to the Project Conditions listed in this document.

Alex Lai representing The Commons of MPK, LLC
(Permittee)

By signing this document, Commons of MPK, LLC (“Project Site Owner”), certifies that it has read, understood, and agr ee to the Project Conditions listed in this document.

8 Alex Lai representing The Commons of MPK, LLC
(Project Site Owner)

{If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company}

Exhibit B
338-410 South Alhambra Avenue 64-UnitCondominium Project - Initial Study/Mitigated Negative Declaration with Appendices:
https://www.montereypark.ca.gov/DocumentCenter/View/16653/Attachment-1_CC- Resolution_Exhibit-B---Full-IS-MND-wAppendicies_202409121719340430-1

Staff Report
September 18, 2024
ATTACHMENT 2
Draft Ordinance

ORDINANCE NO.

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (DA -
23-03) BY AND BETWEEN THE CITY OF MONTEREY PARK AND THE COMMONS OF MPK, LLC, FOR THE DEVELOPMENT OF 64 -UNIT
CONDOMINIUM PROJECT ON REAL PROPERTY LOCATED AT 338 -
410 S. ALHAMBRA AVENUE (ASSESSOR’S PARCEL NUMBERS 5259- 004-036, 5259-004-037, AND 5259-004-038)
The City Council of the City of Monterey Park does ordain as follows:

SECTION 1: The City Council finds and declares that:

A. The Commons of MPK, LLC (“Developer”) submitted development applications including TM-23-05, DRB-23-105, and DA-23-03 to develop a 64-unit condominium development to enter into a development agreement with the City of Monterey Park (the “ Development Agreement”), which is attached to this Ordinance as Exhibit “A,” and incorporate by reference.

B. The Development Agreement allows the Developer to construct a 64-unit condominium project that includes seven affordable units within the development of 3-story townhomes, and 57 condominium units in a 3-story building with subterranean level or parking (the “Project”) at the real property located at 338-410 Alhambra Avenue (the “Project Site”).

C. The City Planner reviewed the project pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq ., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq ., the “CEQA Guidelines”). CEQA and the CEQA Guidelines are collectively referred to as “CEQA Regulations.” D. On June 18, 2024, at its special meeting, the City Council opened and closed the public hearing, and remanded the Project to the Planning Commission for further study.

E. On August 27, 2024, the Planning Commission conducted a duly noticed public hearing to assess the proposed development in TM-23-05, DRB-23- 105, and DA-23-03, considered all oral and written evidence, and adopted Resolution 06-24 recommending that the City Council adopt this Ordinance.

F. The City completed its review and scheduled a public hearing regarding the proposed Project, before the City Council on September 18, 2024 . Notice of the public hearing on the proposed Project was duly given as required by law;
G. This Ordinance and its findings are made based upon the evidence presented to the City Council at its June 18, 2024, Special Meeting, the

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Planning Commission at its August 27, 2024 regular meeting, and the City Council at its September 18, 2024, meeting, including, without limitation, the staff report submitted by the City Planner.

SECTION 2: Factual Findings and Conclusions. The City Council finds as follows:

A. On June 17, 2020, the City Council approved the Land Use and Urban Design Element to the Monterey Park General Plan (the “2020 LUE”).

Thereafter, the 2020 LUE was placed onto the November 3, 2020 ballot as Measure JJ. Following voter approval on November 3, 2020, the 2020 LUE (via Ordinance No. 2198) became effective on December 2, 2020.

B. The City amended and adopted the 2021 -2029 Housing Element on November 11, 2022, which was subsequently certified by the California Department of Housing and Community Development on March 30, 2023.

C. The Developer has legal and equitable interest in the Property.

D. On July 5, 2023, the Applicant filed development agreement, and tentative map applications for the Project. The Project was deemed complete on June 14, 2024;

E. The City prepared an initial study (“IS”), mitigated negative declaration (“MND”), and notice of intent to adopt Which the City considered concurrently with this Ordinance.

F. For the reasons set forth below and in the Development, Agreement attached as Exhibit “A” and incorporated by reference, the City Council finds that the City would glean public benefits from the Project.

G. It is in the public interest to approve the Project.

SECTION 3: Project F indings. Pursuant to Government Code §§ 65867.5, 65915, the City Council finds as follows :

A. For the reasons set forth in the MND, and City Council Resolution No. _______, which are incorporated by reference into these findings, the Development Agreement is consistent with the Monterey Park General Plan. The Development Agreement furthers the goals of the General Plan and is in the interest of the general community welfare in that the Development Agreement will, among other things, facilitate the development of the Project Site which is currently underutilized, and consistent with the General Plan policies, including, without limitation:

1. Policy 6.4 – to support policies that facilitate and incentivize development of affordable housing units, such as development bonus programs;

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2. Policy 8.5 – to require new development to provide engaging, well - landscaped outdoor spaces that invite and support outdoor activities;

3. Policy 8.6 – to minimize the street presence and visibility of parking facilities from public streets and neighboring properties; and

4. Policy 9.1 – to create homeownership opportunities by encouraging development of smaller scale, for-sale units such as condominiums, townhomes, and duplexes.

B. The Project is not located within a specific plan or planned development area, and therefore must be consistent with the requirements found within the underlying High-Residential Density (R-3) zone.

1. As proposed, with the use of Density Bonus regulations, incentives, and concessions the Project satisfies all development standards of the R-3 zone.

C. The Project is necessary for the orderly development of the surrounding area. As proposed, the location and characteristics of the residential project are consistent and compatible with the surrounding residential uses that also include other multi-family residential developments.

D. The Development Agreement includes a subdivision that complies with the provisions of Government Code § 66473.7, and MPMC § 20.04.

E. The Density Bonus is consistent with California law and MPMC Chapter

21.18, in which the City offers incentives for developers to build affordable units. Density Bonuses allow for greater density than permitted in the underlying zone, as well as, concessions or incentives, which vary from the requirements of the MPMC in ord er to achieve the affordable units, which will allow for the proposed site development of a multi -family affordable housing development consisting of 64 units on a 1.73 acre site, where the allowable density is increased from 51.9 units (30 units/acre) to 64 units (37.5 units/acre).

1. The incentives requested as part of the density bonus are consistent with MPMC § 21.18.050 to: 1) allow an increase building height by 1 story, resulting in an additional 6’ in height; 2) allowing a decrease in the rear yard setback by 20%; and 3) allowing open space to be reduced by 20%.

2. Seven units of housing will be created for the very low-income category of affordability.

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3. The Density Bonus will help achieve General Plan 2020 LUE policies stated in Subsection A of this Section.

4. The proposed development, containing market -rate and affordable residential units, will help meet the City’s Regional Housing Needs Assessment (“RHNA”) allocation of 5,267 residential units for the 8 - year planning period between 2021-29.

5. The Density Bonus Agreement will help achieve General Plan goals as set forth Housing Element in providing housing that meets the needs of all economic segments of the community and implements the General Plan policies, including, without limitation:

a. Policy 4.1 – to encourage the use of density bonuses and provide other regulatory concessions to facilitate affordable housing; and

b. Policy 4.2 – to support favorable home purchasing options for lower-and moderate-income households

F. The Density Bonus Agreement is in the public interest and reflects the current and contemplated land uses of the R3 zone, as well as consistency between the General Plan Land Use Map and Zoning Map.

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

SECTION 4: Environmental Review. The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). The City Council finds as follows:

A. An Initial Study (“IS”) was prepared for the Project in accordance with CEQA Guidelines § 15063 which showed that, if mitigated, the Project would not cause any significant environmental impacts.

B. The IS and a mitigated negative declaration (“MND”) analyzing the environmental impacts of the proposed development were prepared, circulated, and made available for public review between Thursday, May 23, 2024, and Tuesday, June 12, 2024.

C. Based on the findings of the IS, and with proposed mitigation measures for air quality, biological resources, cultural resources, paleontological resources, and noise, the proposed development would not result in significant environmental impacts.

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D. The IS and MND are considered concurrently with this Ordinance under City Council Resolution No. ________, which is incorporated by reference into these findings.

SECTION 5: Notice of Determination. The City Planner, or designee, is directed to file a Notice of Determination in accordance with CEQA §§ 21152, 21167(f); CEQA Guidelines § 15094, and any other applicable law.

SECTION 6: General Plan and Zoning . The Project conforms to the Monterey Park General Plan, as set forth in Section 3. In addition, the Project conforms to the MPMC in that the zoning classification for the Project Site is R3 which allows for multifamily development.

SECTION 7: Public Benefits. The Development Agreement provides for public benefits including, without limitation:

A. Development of affordable units for the very low-income affordability category;

B. Providing homeownership opportunities to qualified very low-income households, including a local preference for City residents to own or occupy the affordable units;

C. Providing for the stimulation of the local economy through programs contained within the Development Agreement, without limitation:

1. Local Hire Program to hire workers or companies that have offices within the City;

2. Buy local program for materials and supplies for the construction of the project; and

3. Local resident preference for the eventual rental or sales of affordable units

D. Provide for additional opportunities to create sustainable development by including additional electrical vehicle charging infrastructure above what is required in the California Building Standards Code.

SECTION 8: Incorporation of Development Agreement; Changes; Execution . In accordance with Government Code §§ 65864, et seq. , this Ordinance approves the Development Agreement in substantially the form attached as Exhibit “A”, and incorporated by reference.

A. The Development Agreement may be change d before execution as authorized by the City Council during the public hearings for the Project.

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B. The 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 a nd conformity of all exhibits to the Development Agreement.

C. The City Council authorizes the City Manager to execute the 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 Agreement, in a form approved by the City Attorney.

SECTION 9: Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council' s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilities the purposes set forth in this Ordinance.

SECTION 10: Reliance On Record. Each and every one of the findings and determination in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and 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: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 12: Enforceability. This Ordinance 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.

SECTION 13: 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 14: 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

Ordinance No.

provisions of this Ordinance are severable.

SECTION 15: Electronic Signatures. This Ordinance 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 16: 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 fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or po posted in accordance with California law.

SECTION 17: Recordation. The City Clerk, or designee, 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 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.

SECTION 18: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.

ORDINANCE NO. ___ HAD ITS FIRST READING ON SEPTEMBER 18, 2024 , 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 ______________________.

PASSED AND ADOPTED this ____ day of _________, 2024.

____________________________
Thomas Wong, Mayor

ATTEST:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY

By:________________________________
Justin A. Tamayo, Deputy City Attorney

Exhibit A: Development Agreement 23-03

1 RECORDING REQUESTED BY:

CITY OF MONTEREY PARK

AND WHE
N RECORDED MAIL TO:

CIT

Y CLERK

CITY OF MONTEREY PARK

SPACE ABOVE THIS LINE FOR RECORDERS USE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE

CITY OF MONTEREY PARK AND THE COMMONS OF

MPK, LLC RELATIVE THE DEVELOPMENT KNOWN AS

THE COMMONS OF MPK, LLC
This Development Agreement (the “Agreement”) is made this ___ day of _______, 2024, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (the “City”) and The Commons of MPK, LLC, a California limited liability company (Entity no. 201510510030) (“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. REC
ITALS. The Parties enter into this Agreement with reference to the following:

A. Gover
nment 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. Deve
loper owns approximately 1.73 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. Deve
loper filed the following applications with City (the “Project Applications”):
i. Tent
ative Map (TM) 23-05;
ii. Density Bonus request; and
iii. Development Agreement (DA) -23-03, an application for approval of this Agreement.

D. 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.

E. Deve
loper intends to develop the Property as a residential community consisting of Exhibit A

2 65 units condominium (the “Project”).

F. The City’s General Plan, as amended, (the “General Plan”) designates the area in which the Property is located as R -3 zone. The General Plan provides for the Property to be developed for a maximum of 43 unit per acre.

G. Developer seeks to develop the Proper ty in accordance with the land use policies and goals set forth in the City’s General Plan and with the terms and conditions of this Development Agreement (“Agreement”).

H. 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.

I. On June 18, 2024, the City Council held a special city council meeting where it opened and closed the public hearing, and remanded the Project to the Planning Commission for further study.

J. On September 18, 2024, the City Council held a public meeting and took the following actions after making appropriate findings:

i. Adopted Resolution No. ____ approving a tentative map, design review, and adopting the Mitigated Negative Declaration for the Project;

ii. Introduced and waived first reading of Ordinance No. ____, approving the Development Agreement . Second reading and adoption occurred on ______, 2024. 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 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.

“Condi
tions of Approval” means those conditions of approval imposed by City.

3 “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

4 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 this Agreement and which do not materially alter the overall nature, scope, or design of the Project.

“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 Applicable Law and Conditions of Approval.

“Permitted Uses” means those uses that are specifically permitted by Applicable Law.

“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 Applicable Law and this Agreement.

“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.

“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 Safety 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.

5 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 limitatio n, those of eminent domain.

4. APPLICABILITY OF THIS AGREEMENT . This Agreement does not: (a) grant density or intensity exceeding that otherwise established by Applicable Law ; ( 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, Conditions of Approval, and this Agreement.

C. Public Benefits. As part of this plan, the Developer is required to implement the following public benefit initiatives:

Affordable Housing Initiative: The Developer will include a total of seven units within the Property designated as very low-income. These units must be dispersed throughout the Property.

Loc
al Hiring Program. Develop er agrees to prepare and implement a local hiring program to encourage and promote the employment of qualified residents of the City of Monterey Park in its development of the Project (the “Local Hiring Program”). Developer agrees that the Local Hiring Program will be prepared within 90 days of the Effective Date and will include a mix of the following measures, and such other measures as Developer from time to time deems

6 appropriate: (i) public circulation within the City of employment opportunities; (ii) job fairs ta rgeting City residents, (iii) mandatory inclusion on all Project bidding lists of any qualified City contractors or subcontractors that have registered with Developer, and (iv) compliance with Developer’s corporate bidding policies. Every 6 months following the Effective Date until the completion of construction, Developer must submit to the City Manager , or designee, a written report documenting Developer’s implementation of the Local Hiring Program, which report must describe in reasonable detail Developer’s efforts during the relevant reporting period to hire qualified City residents pursuant to the Local Hiring Program.

Local Purchasing Prioritization. Developer will prioritize purchasing supplies, materials, and equipment for the construction of the Project from local vendors who are cost-competitive (within 5 percent) with non -local vendors and who currently have a business within the City and the point of sale, for the business’s sales tax reporting purposes occurs within the C ity limits . Developer will keep accurate log(s) of all local purchase supplies, materials, and equipment and promptly furnish such logs to the City upon request.

Existing Tenants and Local Resident Priority Preference. To the extent permitted by the law, Developer will give priority in the following manner for the leasing or ownership of the Project’s affordable units, 1) income qualified, existing tenants of the Property and 2) current residents of the City . Existing tenants are defined as those persons that either possess an active lease agreement, or currently reside at the Property. “ Current residents ” means persons having primary residency in Monterey Park, which can be further determined by the Developer by home visits and requests for written verification from landlords. Developer will maintain a list of Applicants who have filed a complete application with the Developer to rent or purchase an affordable unit in the Project and who have incomes which would qualify them as an eligible tenant or buyer. Should multiple tenants be equally eligible and qualified to rent or own a unit, Developer on best efforts will rent or sell such units on a first-come, first-serve basis.

Electric Vehicle Charging. In addition to meeting the requirements of the California building standards codes, as adopted by the MPMC, Developer will provide an additional 10% electric vehicle (“EV”) charging stations , and 35% of the total number of parking spaces will be equipped with Low Power Level 2 EV Ready.

D. Future Approvals. City agrees that land uses set forth in the Conditions of Approval are approved or will be approved pursuant to the terms of this Agreemen t 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 m inisterial approvals, that will accomplish or

7 facilitate development of the Project for the uses and to the density or intensity of development described and shown in the 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. Homeowners Association. Pursuant to City Council Resolution No. 12199:
1) To ensure all common areas (e.g., driveway, hardscape, landsca pe) are properly maintained, a Homeowners' Association (HOA) and Covenants, Conditions and Restrictions (CC&R's) are required for the proposed Project.

The Developer must hire a management company for the HOA. During sales of the units, the sales managers must sit on the HOA board. The Developer’s representatives can remove themselves from the HOA board only when 1) a new HOA board is selected from the new home owners; 2) the new home owners are trained on how to run the HOA; and 3) the units are fully occupied.

The documents related to the HOA and CC&R's must be reviewed and approved by the City Attorney before the City approves a final map. In addition, the Developer must pay for all attorneys' fees associated with the review of the documents.
2) The final approved floor plan for the residential units must be incorporated into CC&R's.
3) The Homeowners Association must maintain a current and active business license with the City for the life of the project. Association dues may not be collected unless the Association has a current and active business license with the City.
4) Draft covenants, conditions and restrictions (“CC&Rs”), in a form approved by the City Attorney, must obtain approval from the City Planner, or designee, and include the following clauses:
a) Payment of Municipal Charges . The amount of the assessments levied by the Association must include sums sufficient to cover the cost of all municipal charges imposed against the Property including, without limitation, sums sufficient to ensure the payment of invoices from the City of Monterey Park (“City”) for water, wastewater, and solid waste charges. In addition, the Association and the Owners, and the management agent, if any, must continuously guarantee payment to the City of all such municipal charges.
b) Access and Entry . The Association and each Owner covenants, in favor of the City, to provide access and entry to all common areas of the Property, and all buildings, structures and units situated thereon, to any authorized Fire Inspector, Building Official and any

8 other official charged with carrying out the laws of the City, the State of California, or the United States of America.
c) Signs. Except as otherwise allowed by applicable law, the Association and each Owner covenant, in favor of the City, that no sign of any kind of advertising any service, business or other commercial project or venture can be displayed on the Property. d) Parking.

i. The Association and each Owner covenants, in favor of the City, that all automobiles used by an Owner or an Owner’s invitees must be identified to a representative of the
Association and subject to tow if parked in an area not designated for parking automobiles or in a guest parking space.
ii. All driveways and garages must be maintained in a neat and orderly condition and garage doors must be maintained in closed condition except as necessary to permit ingress and egress of authorized vehicles or to clean or work in the garage. The garages are to be used for the parking of standard authorized vehicles and may not be convert ed to living quarters or workshops or used for the storage of boats, trailers, campers or recreation vehicles in a way which will preclude the parking of the Owner’s or occupant’s
authorized vehicles within the garage.
iii. Designated guest parking areas within the Common Areas are to remain open for use by guests only and are not to be used by Owners or other residents, either permanently or temporarily, for the parking of their authorized vehicles or the storage of boats, trailers or similar items of personal property, unless expressly authorized by the Association. iv. No motor vehicle can be constructed, reconstructed or repaired within the Property and no dilapidated or inoperable vehicle, including vehicles without wheel(s) or an engine, can be stored on the Property; provided, however, that the provisions of this Section does not apply to emergency
vehicle repairs.
v. Campers, boats, trailers, motorcycles, commercial vehicles and trucks in excess of three -quarter tons cannot be parked within the Property, other than within enclosed garages

9 except for periods not to exceed two hours for the purpose of loading and unloading.
vi. Personal property other than authorized vehicles cannot be stored in garages if such storage will necessitate or result in the parking of vehicl es on streets within or adjacent to the Property. Parking by commercial vehicles for the purpose of making deliveries or service calls must be permitted in accordance with the Association Rules.
vii. Each Owner must maintain their garage or parking spaces in a manner which ensures that it is capable of accommodating not less than the number of vehicles the space was designed to contain.
e) Graffiti. The Association and each Owner covenants and agrees to maintain, or to cause to be maintained, all buildings and structures within the Property free of graffiti. In an event that the Association or an Owner fails to remove or to cause the removal of any graffiti within 24 hours of its receipt of written notice from the City requesting such removal, the City has the right and authority to enter upon the Property and remove or mask said graffiti. Any and all costs incurred by the City in connection with the removal or masking of such graffiti must be reimbursed to the City by the Association and/or the Owner, if any, of affected building or structure.
f) Maintenance of Property . The maintenance of all common wastewater and storm drainage facilities, and all landscaping, irrigation systems, slopes, drainage facilities and retaining walls, if any, located within the Common Area a re Association’s
responsibility, and the maintenance of all irrigation systems, slopes, drainage, facilities and retaining walls, if any, situated within an Exclusive Use Common Area are the responsibility of the Association in the event the applicable Owner fails to provide such maintenance. g) Filing of Information .
i. Filing (Unincorporated Associations Only). The Association must cause the names and addresses of the officers and
members of the Association to be filed annually with the City Clerk of the City of Monterey Park during the month of July.
ii. Filing (Incorporated Associations Only). The Association must cause the names and address of the officers and
members of the Board of Directors of the Association to be

10 filed annually with the City Clerk of the City of Monterey Park during the month of July.

h) Amendment of CC&Rs. Notwithstanding any other provision of this Declaration the contrary, the statements and covenants set forth herein in favor of the City of Monterey Park cannot be modified and rescinded without the prior written consent of the City of Monterey Park.
i) Third-Party Beneficiary; Enforcement Rights. City Enforcement of Declaration. Notwithstanding any other provision of this Declaration to the contrary, the city of Monterey Park has the power and the right, but not the obligation, to enforce any or all provisions of this Declaration as a third party beneficiary to the extent this Declaration contains provisions implementing the Monterey Park Municipal Code (“MPMC”) or any condition of approval a dopted by City Council resolution or ordinance. Failure by the City to enforce any restriction, covenant, condition, limitation or reservation imposed by the provisions of this Declaration does not constitute a waiver of the City’s right to do so. The Association agrees to pay all costs associated with such enforcement including, without limitation, reasonable attorney’s fees. The City may exercise its rights of enforcement without regard to any alternative dispute resolution provision in the CC&Rs or any other restriction on enforcement otherwise applicable to owners, tenants, other residents, or the Association including, without limitation, provisions with regard to notice.

F. 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 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.

G. 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.

H. 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

11 time the City issues building permits.

I. 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.

J. 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.

K. 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 entitle ments 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.

L. 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.

M. 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 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 , and Applicable Law, such conflict will be resolved in the following order of priority: (i) first, the Applicable Law; and (ii) this Agreement.

12 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 C ity 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 this Agreement.

9. MATERIAL PROJECT MODIFICATIONS. Developer may apply to City f or permits, variances, or other approvals to develop portions of the Project in a manner which may be materially inconsistent with this Agreement. 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 this Agreement, may not be applied to the Project during the term of this Agreement unless such changes constitute a change in Uniform Codes.

13 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 Applicable Law. However, any subsequent Discretionary Approval initiated by Developer that is not permitted by 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 this Agreement 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 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 initi ative 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 will 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, requi red in connection with the development of the Property are as set forth in and consistent with the 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 Applicable Law, as it may be lawfully amended by Developer from time to time.

14 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 m inisterial approval, including without limitation a building permit, must be approved by City within a reasonable period of time after application is made therefor.

15 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 Devel oper, 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 Develope r 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.

16 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 here in, 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, 2024 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. Developer expressly waives all rights under Section 1542 of the California Civil Code which provides as follows:

GENERAL RELEASE – CLAIMS EXTINGUISHED: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

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 Applicable Law . 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

17 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 Applicable Law 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 Cit y 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. Ci
ty 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. Suc h annual review must be conducted in accordance with the MPMC.

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

D. Good-fa ith 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 Evide nce. D
eveloper 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. Th
e actual and reasonable costs incurred by City in
connection with the annual review must be borne by Developer.

G. Failure to Conduct Annual Review. Ci ty’s failure to perform an annual review does

18 not constitute a Developer default.

H. Special Reviews. I n addition, 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. T he 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 s uch 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 w ill 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. Findi
ng 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. Not hing 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 time, including any time other than during a periodic review under this Section, or from terminating this Agreement pursuant to the provisions of this Agreement.

30. MOR
TGAGES.

A. Mortgagee Protection . No br each of this Agreement will defeat, render invalid,

19 diminish or impair the lien of any Mortgage and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof pursuant to a Mortgage, foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise is subject to all of the terms and conditions contained in this Agreement and entitled to all of its benefits. City may not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement and does not, in City’s sole determination, diminish City’s benefits in this Agreement or the security for those benefits.

B. Notice of Default to Mortgagee: Right of Mortgagee to Cure. If City receives notice
from a Mortgagee requesting a copy of any notice of default given hereunder and specifying the address for service thereof, and the Mortgagee has recorded a copy of such request in the official records of Los Angeles County in the manner required under Civil Code § 2924b with respect to Requests for Notices of Default, then City must deliver to such Mortgagee, concurrently with service thereon to the applicable Party, any notice given to the applicable Party with respect to any claim by such Party that it has not complied in good faith with the material terms of this Agreement or has committed an event of default. Each Mortgagee has the right (but not the obligation) for a period of 90 days after the receipt of such notice from such Party to cure or remedy, or to commence to cure or remedy, the claimed default or act of noncompliance set forth in such Party’s notice. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee may (but is not obligated to) seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and may (but is not obligated to) thereafter remedy or cure the default or noncompliance within 30 days after obtaining possession. If any such default or noncompliance cannot, with diligence, be remedied or cured within such 30-day period, then such Mortgagee may have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Mortgagee commences cure during such 30 day period, and thereafter diligently pursues and completes such cure.

C. Liability for Past Defaults and Obligations . Subj
ect to the foregoing, any
Mortgagee, including the successful bidder at a foreclosure sale, who comes into possession of the Project or the Property or any part thereof pursuant to foreclosure, eviction or otherwise, will take such property subject to the terms of this Agreement and in no event will any such property be released from any obligations associated with its use and development under the provisions of this Agreeme nt. Nothing prevents City from exercising any remedy it may have for a default under this Agreement.

D. Bankruptcy. Not
withstanding the foregoing provisions of this Section 9, if any Mortgagee is prohibited from commencing or prosecuting foreclosure, or other appropriate proceedings in the nature thereof, by any injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or

20 insolvency proceeding involving Developer, the times specified in Section 30.B for commencing or prosecuting foreclosure or other proceedings will be extended for the period of the prohibition.

31. DEFAULT AND REMEDIES.

A. Notice and Cure. In t he event of failure by any Party substantially to perform any material terms, covenant or condition of this Agreement , which is required on its part to be performed, the non-defaulting P arty has those rights and remedies provided in this Agreement, provided that such non- defaulting Party has first sent a notice of default, identifying with specificity the nature of the alleged default.

B. Tim
e to Cure. In the case of a monetary default by Developer, Developer must promptly commence to cure the identified default and must complete the cure of such default within 20 business days after receipt by Developer of the notice of default. In the case of a non-monetary default by either Party, the alleged defaulting Party must promptly commence to cure the identified default and complete the cure within 60 days after receipt of the notice of default. The 60-day cure period for a non-monetary default will be extended as is reasonably necessary to remedy such default, provided that the alleged defaulting Party commences such cure promptly after receiving the notice of default and continuously and diligently pursues such remedy at all times until such default is cured.

32. REMEDIES FOR MONETARY DEFAULT. In the event of default by Developer in the performance of any of its monetary obligations under this Agreement which remains uncured 20 business days after receipt by Developer of a notice of default from City and after expiration of Mortgagee’s cure period (if a Mortgagee of Developer has delivered a Request for Notice to City), City has available any right or remedy provided in this Agreement, at law or in equity. All of said remedies are cumulative and not exclusive of one another, and the exercise of any one or more of said remedies does not constitute a waiver or election in respect to any other available remedy.

33. REMEDIES FOR NON- MONETARY DEFAULT. In the event of non-m onetary default by either Party hereunder which remains uncured (i) after expiration of all applicable notice, cure periods and other conditions contained in Section 31.B above , and (ii) in the case of a default by Developer, in addition to the foregoing and after the expiration of Mortgagee’s cure period (if a Mortgagee of Developer has delivered a Request for Notice to the City), the non-defaulting Party has available any right or remedy provided in this Agreement, or provided at law or in equity , except as prohibited by this Agreement. All of said remedies are cumulative and not exclusive of one another, and the exercise of any one or more of said remedies does not constitute a waiver or election in respect to any other available remedy.

A. City and Developer acknowledge that monetary damages and remedies at law generally are inadequate and that specific performance, including injunctive relief is an appropriate remedy for the enforcement of this Agreement. Therefore, the remedy of specific performance, including injunctive relief, is available to both City and Developer under this Agreement in the event of a non-monetary Default.

21 B. City does not have the right to sue for monetary damages as a result of a non- monetary default under this Agreement. Developer does not have the right to sue for monetary damages for any default under this Agreement.

34. TERMINATION OF AGREEMENT BY CITY. If City (a) finds and determines, on the basis of substantial evidence, that Developer has not been in good faith compliance with the material terms and conditions of this Agreement, or City finds and determines that there has been a default by Developer of its obligations under this Agreement; and (b) City provided notice and Developer (or a Mortgagee, if applicable) has not cured such default within the applicable cure period, City may commence proceedings to terminate this Agreement. The procedures for termination of this Agreement by City are as follows:

A. City must provide notice to Developer (and to any Mortgagee of Developer which has delivered a Request for Notice to City) of its intention to terminate this Agreement. The notice must contain the time and place of a public hearing to be held by the City Council on the determination of City to proceed with termination or modification of this Agreement. The public hearing may not be held earlier than:
(i) 31 days after delivery of the notice to Developer, or (ii) if a Mortgagee has delivered a Request for Notice, the day following the expiration of the Mortgagee’s cure period.

B. If, following the conclusion of the public hearing, the City Council: (i) determines that Developer is in default of its obligations under this Agreement beyond the applicable rights, remedies and cure periods set forth in this Agreement or has not been in good faith compliance with this Agreement, as applicable, beyond the applicable rights, remedies and cure periods set forth therein; and (ii) further determines that Developer (or the Mortgagee, if applicable) has not cured the acts or omissions that constitute the basis of the determination under subsection (i) or, if those acts or omissions could not be r easonably remedied before the public hearing, that Developer (or the Mortgagee) has not in good faith commenced to cure or correct such acts or omissions before the public hearing or is not diligently and continuously proceeding therewith to completion, the City Council may terminate this Agreement.

35. TERMINATION OF AGREEMENT BY DEVELOPER . In the event that (i) City breaches this Agreement and has not cured such default within the applicable cure period, or (ii) as otherwise permitted under this Agreement, Developer may terminate this Agreement by providing notice to City. Termination is effective upon City’s receipt of Developer’s notice.

36. REQUIRED ACTIONS OF PARTIES; FURTHER ASSURANCES. City and Developer must execute all such instruments and documents and take in good faith all actions necessary or convenient to consummate the actions herein contemplated.

37. ASSIGNMENT. Developer may transfer or assign its rights under this Agreement in whole or in part to any person acquiring all or any portion of the Property and provide notice of such

22 assignment to City. The terms, covenants, and conditions of this Agreement are binding upon any transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property. Express assumption of Developer’s obligations under this Agreement by any such transferee or assignee releases Developer from the obligations so assigned, and City will look solely to the transferee or assignee for performance of the assigned obligations under this Agreement.

38. NEGATION OF AGENCY. Each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property.

39. CONSIDERATION. City and Developer acknowledge and agree that there is good, sufficient and valuable consideration flowing to City and to Developer pursuant to this Agreement and more particularly set forth in the Recitals of this Agreement. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just, and reasonable.

40. RECORDATION. As provided in Government Code § 65868.5, the City Clerk must record a copy of this Agreement with the Registrar-Recorder of the County of Los Angeles within 10 days following execution by both Parties. Developer must reimburse City for all costs of such recording, if any.

41. NOTICES. All notices under this Agreement must be in writing and are effective when personally delivered or upon receipt after deposit in the United States mail as registered or certified mail, postage prepaid, return receipt requested, to the following representatives of the Parties at the addresses indicated below or to such other addresses as one Party may provide to the other from time to time:

If to the City:

City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754
Attention: City Manager
With a copy to:

Burke, Williams & Sorensen, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Attention: Karl H. Berger, Esq.

If to Developer:

The Commons of MPK LLC
812 S Atlantic Blvd Suite A,
Monterey Park, CA 91754
Attn: Alex Lai

With a copy to:

JMBM
1900 Avenue of the Stars, 7
th Floor
Los Angeles, CA 90067
Attn: Daniel Freedman

23 42. AMENDMENT OR CANCELLATION.

A. Amendment by Mutual Consent . T his Agreement may be amended from time to time by mutual written consent of the original parties or their successors in interest, with City’s actual and reasonable costs payable by amendment applicants, in accordance with the provisions of Government Code §§ 65867 and 65868 and provided that: (i) any amendment to this Agreement which does not relate to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by Developer or any conditions or covenants relating to the use of the Property , does not require notice or public hearing before the parties may execute an amendment hereto; and (ii) any other amendment of this Agreement will follow the MPMC.

B. Amendment Exemptions.

It is contemplated by City and Developer that Developer may, from time to time, seek amendments to one or more of the Conditions of Approval and F uture Conditions of Approval . Any such amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are consistent with the Applicable Law and will, upon approval by City, continue to constitute the Conditions of Approval as referenced herein. The parties agree that any such amendments do not constitute an amendment to this Agreement nor require an amendment to this Agreement.

C. Amendment of Development Permits. Upon t
he written request of Developer, any
Development Approval, including the Vesting Map may from time to time be amended or modified in the manner set forth in this Agreement, the Applicable Law and applicable State laws.

43. WA
IVER. No waiver of any provision of this Agreement is effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No waiver of any right or remedy in respect of any occurrence or event is deemed a waiver of any right or remedy in respect of any other occurrence of event.

44. SUCCESSOR AND ASSIGNS. The provisions of this Agreement are binding upon and inure to the benefit of the Parties, and any subsequent owners of all or any portion of the Property and their respective successors and assigns. Any successors in interest to City are subject to the provisions set forth in Government Code §§ 65865.4 and 65868.5.

45. INTERPRETATION AND GOVERNING STATE LAW. This Agreement and any dispute arising hereunder are governed and interpreted in accordance with the laws of the State of California. This Agreement must be construed as a whole according to its fair language and common meaning to achieve the objective and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party may not be

24 employed in interpreting this Agreement, both Parties having been represented by counsel in the negotiation and preparation hereof. All legal actions brought to enforce the t erms of this Agreement must be brought and heard in the Superior Court of the State of California, County of Los Angeles.

46. CONSTRUCTIVE NOTICE AND ACCEPTANCE. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Property is conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property.

47. NO THIRD PARTY BENEFICIARIES. This Agreement is made and entered into for the sole protection and benefit of the Parties and their mortgagee(s), successors and assigns. No other person or entity has any right of action based upon any provision of this Agreement.

48. COUNTERPARTS. This Agreement may be executed in two or more identical counterparts, each of which is deemed to be an original and each of which is deemed to be one and the same instrument when each Party signs each such counterpart.

49. INCORPORATION OF ATTACHMENTS. All recitals and attachments to this Agreement, including all Exhibits referenced herein, and all subparts thereto, are incorporated by this reference.

50. DETERMINATIONS. Whenever in this Agreement the consent or approval of any Party to this Ag reement is required, such consent or approval may not be unreasonably withheld, conditioned, or delayed. In addition, unless a contrary standard or right is set forth herein, whenever any P arty is granted a right to take action, exercise discretion, or make an allocation, judgment or other determination, each Party must act reasonably, in good faith and in accordance with the requirements of this Agreement.

51. HOLD HARMLESS AGREEMENT.

A. Developer hereby agrees to, and must defend, save and hold City and its el ected and appointed boards, commissions, officers, agents, and employees harmless from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer’s or Developer’s contractors’, subcontractors’, agents or employees’ operations under this Agreement, whether such negligent operations be by Developer or by any of Developer’s contractors, subcontractors, agents or employees. The foregoing hold harmless provision does not apply to any claims, costs or liability arising from the negligence or willful misconduct of City or City’s contractors, subcontractors, agents or employees.

B. Developer agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (inc luding, without limitation, reasonable attorney’s fees), injuries, or liability, arising from City’s approval of the Project, this Agreement,

25 and all procedures with approving this Agreement (collectively, “ Project Approvals”). Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Project Approvals, Developer agrees to defend City (at City’s request and with counsel satisfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this Section “City” includes the City of Monterey Park’s elected officials, appointed officials, officers, and employees. This defense and indemnification obligation specifically excludes any claims arising from City’s negligence or willful actions or omissions and any claims arising from the sole negligence or willful actions or omissions of the Oil Site Custodial Trust (“Trust”) related to existing and ongoing environmental remediation of the Property or actions taken in furtherance of the Trust’s duty to maintain and keep safe the Property before the time that Developer took possession or control of all or a portion of the Property.

C. This indemnification, hold harmless and defense requirement survives termination of this Agreement.

D. Absent a court order, the filing of any lawsuit(s) by a third party (not a Party to this Agreement) after the Effective Date ag ainst City and/or Developer relating to this Agreement or to other development issues affecting the Project does not delay or stop City’s processing or issuing any permit or authorization necessary for development of the Project, unless City in good faith determines that such delay is legally required or could potentially subject the City to monetary damages.

52. ESTOPPEL CERTIFICATE. Either Party may, at any time, and from time to time, (but not more frequently than two times in any calendar year) deliver not ice to the other Party requesting such party to certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a request hereunder must execute and return such certificate or give a written detailed response explaining why it will not do so within 30 days following the receipt thereof. Each Party acknowledges that such a certificate may be relied upon by third parties acting in good faith. A certificate provided by City establishing the status of this Agreement with respect to the Property will be in recordable form and may be recorded with respect to the affected parcels at the expense of the recording Party. Failure to deliver such a certificate or a written denial within the time specified above constitute s a rebuttable presumption against the Party failing to provide the certificate that this Agreement is in full force and effect, without modification, except as may be represented by the requesting Party; and that there are no uncured defaults in the performance of the requesting Party except as may be so represented. All costs incurred in providing the notice(s) anticipated by this Se ction 52 including reasonable attorney’s fees are borne by the requesting Party.

26 53. AUTHORIZED DELAYS. Performance by any Party of its obligations hereunder is excused during any period of Excusable Delay, as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties within 30 days after the commencement of same has been ascertained. For purposes hereof, “ Excusable Delay” means delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay including, without limitation:
(a) pandemic, (b) civil commotion or act(s) of terrorism; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (f) damage to work in progress by reason of fire, flood, earthquake or other casualty; (g) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (h) delay caused by governmental entities; or (i) litigation brought by a third party attacking the validity of this Agreement, Applicable Law, or any other action necessary for development of the Project. Except for an Excusable Delay under clause (i) above, the payment of fees or monies by Developer under this Agreement is not excused or delayed during any period of Excusable Delay. The condition of the world, country, state or local economy does not constitute an Excusable Delay.

54. [Reserved]

55. ENFORCEABILITY OF AGREEMENT. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement and the Applicable Law, this Agreement is enforceable by any P arty hereto notwithstanding any change hereafter in any Applicable Law
adopted by City which change, alter or amend the Applicable Law governing the development of the Property as of the Effective Date, as provided by Government Code §§ 65866 and 65867.5, unless City determines that the failure to apply such change would place the residents of City in a condition dangerous to their health or safety, or both. This Agreement does not prevent City from denying or conditionally approving any subsequent development project application by a third party not a successor -in-interest hereto on the basis of such existing or new rules, regulations and policies.

56. SINGULAR AND PLURAL; GENDER. Except where the context requires otherwise, the singular of any word includes the plural and vice versa, and pronouns inferring the masculine gender includes the feminine gender and vice versa.

57. ENFORCEMENT OF COVENANTS. All of the provisions of this Agreement are enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including without limitation, Civil Code §1468.

58. ADMINISTRATION OF AGREEMENT. Any decision by City concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by Developer to the City Council in accordance with the MPMC. Developer may not seek judicial review of any administrative decision without first having exhausted its remedies pursuant to this Section.

59. SEVERABILITY. If any article, section, subsection, term or provision of this Agreement, or the application thereof to any party or circumstance, to any extent, is invalid or unenforceable, the remainder of the article, section, subsection, term or provision of this Agreement, or the application

27 of the same to parties or circumstances other than those to which it is held invalid or unenforceable, will not be affected thereby, and each remaining article, section, subsection, term or provision of this Agreement is valid and enforceable to the fullest extent permitted by law.

60. ENTIRE AGREEMENT. This Agreement supersedes any prior understanding or written or oral agreements between the Parties hereto respecting the within subject matter and contains the entire understanding between the Parties with respect thereto.

61. ELECTRONIC SIGNATURES. This Agreement 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.

62. AUTHORIZATION. Each person executing this Agreement represents and warrants that he or she is authorized and has the legal capacity to execute and deliver this Agreement on behalf of the Party for which execution has been made.

63. RESERVATION OF RIGHTS. N othing contained in this Agreement limits , waive s, or conflicts with Developer’s rights and remedies provided by applicable S tate housing and development laws, including but not limited to the Permit Streamlining Act, Subdivision Map Act, Housing Crisis Act, and the Housing Accountability Act (collectively, “State Housing Laws”).

Developer voluntarily, knowingly, and intelligently consents to this Agreement under protest.

28 CITY

CITY OF MONTEREY PARK,
A municipal corporation

Inez Alvarez, City Manager
Dated:

ATTEST:

Maychelle Yee, City Clerk

APPROVED AS TO FORM:

Karl H. Berger, City Attorney

DEVELOPER

THE COMMONS OF MPK, LLC
a California limited liability company
By:____________________________
Title:
______________________________
Dated:

APPROVED AS TO FORM:

By:
_________________________
<Developer Legal Counsel>

29 EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY

(Per Title Report)

Real property in the City of Monterey Park, County of Los Angeles, State of California, described as follows:

Parcel 1:

Lot 8 in Block “O” Tract No. 786, in the City of Monterey Park, County of Los Angeles, State of California, as per Map recorded in Book 16 Pages 58 and 59 of Maps, in the Office of the County Recorder of said County.

Parcel 2:

The South 63.5 feet of Lot 7 Block “O” of Tract 786 in the City of Monterey Park, County of Los Angeles, State of California, as per Map r ecorded in Book 16, Pages 58 and 59 of Maps in the Office of the County Recorder of said County.

Parcel 3:

The North half of Lot 9, in Block “O”, of Tract 786, in the City of Monterey Park, County of Los Angeles, State of California, as per Map recorded in Book 16, Pages 58 and 59 of Maps, in the Office of the County Recorder of said County

APNs: 5259-004-037, 5259-004-036, 5259-004-038

Staff Report
September 18, 2024
ATTACHMENT 3
Architectural Plans and Tentative Map No. 81441
(TM-23-05)

S O U T H A L H A M B R A A V E N U E
N89d46'09"E
296.75'
N89d46'05"W
297.19'
N00d24'55"W 254.08'
N00d17'35"W 254.07'
393'
394'
395'
396'
392'
391'
390'
389'
388'
387'
386'
385'
394'393'392'391'390'389'
388'
387'
386'
385'
385' 386' 386'
395'

P E A C H S T R E E T

PROPERTY LINE

PROPERTY LINE
13'-3" 15'-8"
9'-1"
7'-7"
5'-5"
7'-7"
10'-1"
12'-4"12'-4"
6'-6" 6'-6"
12'-4" 8'-4"
18'-0"10'-0"
4'-0" 4'-0"
4'-0"
6'-0"
+394'
FH

CENTRAL GARDEN
(OPEN SPACE)
12,600 SF
+395'
3BR
2BR
3BR
GYM
575 SF
2BR
2BR
+395'
2BR
2BR
2BR
1BR
1BR
2BR 1BR
27'-11"
25'-0"
37'-1"
3BR

TOWNHOUSE
+397' +395'
2BR
2BR
2BR
2BR
COMM.

ROOM 1
900 SF1BR
10'-0"
10'-0"
20'-7"
30'-8"
101
102
103
104
105
106
107
201202203204
205
206
208
207
209
210
211
212
213 214 215 216
217
218
219
220
6' HIGH CMU PERIMETER WALL
3BR

TOWNHOUSE
3BR

TOWNHOUSE
3BR

TOWNHOUSE
3BR

TOWNHOUSE
3BR

TOWNHOUSE
3BR

TOWNHOUSE
4' HIGH CMU WALL
23'-3"
28'-10"
18'-4"
200 35'-2"
26'-8"
7'-4"
5'-11"
8'-3"
6'-11"
180 SF
144 SF
90 SF90 SF
80 SF
90 SF90 SF90 SF
90 SF 90 SF 90 SF
70 SF
80 SF
80 SF 80 SF90 SF
48'-0" x 30'-0"
48'-0" x 30'-0"
36'-0" x 30'-0"36'-0" x 30'-0"
36'-0" x 30'-0"
36'-0" x 30'-0"
36'-0" x 30'-0"
36'-0" x 30'-0"
36'-0" x 30'-0"
36'-0" x 30'-0"
36'-0" x 30'-0"
36'-0" x 30'-0"
24'-0" x 30'-0"
30'-0" x 30'-0" 24'-0" x 30'-0" 24'-0" x 30'-0"
24'-0" x 30'-0"
72'-8"6'-0"
131'-1" 8'-3"7'-4"

FIRST FLOOR
38'-2" x 24'-0"
38'-2" x 24'-0"
38'-2" x 24'-0"
38'-2" x 24'-0"
38'-2" x 24'-0"
38'-2" x 24'-0"
38'-2" x 24'-0"
NOTE: ALL UNITS

FOR SALE / CONDO
5'-0"5'-0"

VERY LOW INCOME

VERY LOW INCOME

VERY LOW INCOME
+386'+386'
6' HIGH CMU PERIMETER WALL 4' HIGH CMU WALL
+385' FIRE EQUIPMENT BEARING
+386'
ENTRY
ENTRY

DRIVEWAY
26'-0"

ONE-HOUR RATED CORRIDOR
ONE-HOUR RATED EGRESS BALCONY PER 2022 CBC 1021.1 TO .3 FH

ADAPTABLE
TRASH
(E)
FDC
26'-0"
STAIR 1
STAIR 2
ELEV 1
ELEV 2
5'-11"
14'-7"
13'-3" 15'-8"
9'-1"
7'-7"
5'-5"
7'-7"
10'-1"
12'-4"12'-4"
6'-6" 6'-6"
12'-4" 8'-4"
33'-1"18'-0"10'-0"
9'-7"
14'-7"
6'-9"
8'-3"

CONDO CONDO CONDO
CONDO
CONDO

CONDOCONDO

CONDO CONDO
CONDO
CONDO

CONDO CONDO CONDO
CONDO
CONDO
CONDO
86'-0"
146'-9"
7'-4"

DRIVEWAY
ENTRY

SIDEWALKSIDEWALK

DRIVEWAY
6'-0"
6'-0"
5'-0"
5'-0"
4'-0" 4'-0"
4'-0"
6'-0"
5'-0"
5'-0"
5'-0"

DRIVEWAY
6'-0"
48'-10"
5'-0"
5'-0"
3BR
180 SF
48'-0" x 30'-0"
CONDO
1BR
24'-0" x 30'-0"
CONDO
80 SF
+390'
+389'
12%
10%
10%
+388'
+386'
+386'
+395'
+397'
+395.33'+395.33'
+395.66'+395.66'
+396'+396'
+396.33'+396.33'
+396.66'+396.66'
0%

1.5%

1.5%

1.5%

FIRE ACCESS

HAMMERHEAD
80 SF

PROPERTY LINE

PROPERTY LINE
*
*
*
*
*
*
*
*
*
*
*
*
A1.0

CONCEPTUAL DESIGN

MULTI-FAMILY CONDOMINIUM

SITE PLAN
N
0' 10' 20'40'80'
SCALE: 1/16" = 1'-0"

Level B1
0' - 0"
(FF 382.50)
Level 1
11' - 0"
Level 2
21' - 0"
Level 3
31' - 0"
Parapet
42' - 5"
11' 10' 10' 10'
Roof
41' - 0"
1'-5"
36'-0"

GRADE PLANE
(AVG 389')

BUILDING HEIGHT
A2.1 BUILDING ELEVATION: WEST
(STREET)

KEYNOTE LEGEND
SMOOTH FINISH STUCCO1
LIGHT SAND FINISH STUCCO2
ARCHITECTURAL FINISHED CONCRETE3
COMPOSITE WOOD SIDING4
WOOD TRELLIS5
VINYL WINDOW6
7 8
9 10

METAL GUARDRAIL
11 12
13 Maximum Building Height, as defined in the Irvine Zoning Ordinance sec. 3-9-1, states: Architectural features, antennae, Wireless Communication Facilities and flagpoles shall be permitted to exceed the maximum building height by ten feet, or by up to 15 feet for Class 4 antennae.

ALUMINUM FRAME GLASS DOOR
SMOOTH FINISH STUCCOLIGHT SAND FINISH STUCCOARCHITECTURAL FINISHED CONCRETECOMPOSITE WOOD SIDINGWOOD TRELLIS5 4 3 2 1

VINYL SLIDING DOOR

BALCONY WITH DEX-O-TEX WATERPROOFING FLOORING

CONCEPTUAL DESIGN

MULTI-FAMILY CONDOMINIUM
0' 10' 20'40' 50'
SCALE: 3/32" = 1'-0"
2 6 4 9 18
5 48
10 TYP. TYP.

TYP.
10 TYP.

Level B1
0' - 0"
(FF 382.50)
Level 1
11' - 0"
Level 2
21' - 0"
Level 3
31' - 0"
Parapet
42' - 5"
11' 10' 10' 10'
Roof
41' - 0"
1'-5"
Level B1
0' - 0"
Level 1
10' - 0"
Level 2
20' - 0"
30' - 0"
10' 10' 10'
Roof
22'
36'-0"

GRADE PLANE
(AVG 389')

BUILDING HEIGHT
A2.2 BUILDING ELEVATION: SOUTH

KEYNOTE LEGEND
SMOOTH FINISH STUCCO1
LIGHT SAND FINISH STUCCO2
ARCHITECTURAL FINISHED CONCRETE3
COMPOSITE WOOD SIDING4
WOOD TRELLIS5
VINYL WINDOW6
7 8
9 10

METAL GUARDRAIL
11 12
13 Maximum Building Height, as defined in the Irvine Zoning Ordinance sec. 3-9-1, states: Architectural features, antennae, Wireless Communication Facilities and flagpoles shall be permitted to exceed the maximum building height by ten feet, or by up to 15 feet for Class 4 antennae.

ALUMINUM FRAME GLASS DOOR
SMOOTH FINISH STUCCOLIGHT SAND FINISH STUCCOARCHITECTURAL FINISHED CONCRETECOMPOSITE WOOD SIDINGWOOD TRELLIS5 4 3 2 1

VINYL SLIDING DOOR

BALCONY WITH DEX-O-TEX WATERPROOFING FLOORING

CONCEPTUAL DESIGN

MULTI-FAMILY CONDOMINIUM
1 24 6 9 2 6
0' 10' 20'40' 50'
SCALE: 3/32" = 1'-0"
8

36'-0"

GRADE PLANE
(AVG 389')

BUILDING HEIGHT
Level B1
0' - 0"
(FF 382.50)
Level 1
11' - 0"
Level 2
21' - 0"
Level 3
31' - 0"
Parapet
42' - 5"
11' 10' 10' 10'
Roof
41' - 0"
1'-5"
A2.3 BUILDING ELEVATION: EAST

KEYNOTE LEGEND
SMOOTH FINISH STUCCO1
LIGHT SAND FINISH STUCCO2
ARCHITECTURAL FINISHED CONCRETE3
COMPOSITE WOOD SIDING4
WOOD TRELLIS5
VINYL WINDOW6
7 8
9 10

METAL GUARDRAIL
11 12
13 Maximum Building Height, as defined in the Irvine Zoning Ordinance sec. 3-9-1, states: Architectural features, antennae, Wireless Communication Facilities and flagpoles shall be permitted to exceed the maximum building height by ten feet, or by up to 15 feet for Class 4 antennae.

ALUMINUM FRAME GLASS DOOR
SMOOTH FINISH STUCCOLIGHT SAND FINISH STUCCOARCHITECTURAL FINISHED CONCRETECOMPOSITE WOOD SIDINGWOOD TRELLIS5 4 3 2 1

VINYL SLIDING DOOR

BALCONY WITH DEX-O-TEX WATERPROOFING FLOORING

CONCEPTUAL DESIGN

MULTI-FAMILY CONDOMINIUM
2 9 6 8 1 43
0' 10' 20'40' 50'
SCALE: 3/32" = 1'-0"
10

Level B1
0' - 0"
(FF 382.50)
Level 1
11' - 0"
Level 2
21' - 0"
Level 3
31' - 0"
Parapet
42' - 5"
11' 10' 10' 10'
Roof
41' - 0"
1'-5"
46'-0"
33'-0"
36'-0"

GRADE PLANE
(AVG 389')

BUILDING HEIGHT
A2.4 BUILDING ELEVATION: NORTH

KEYNOTE LEGEND
SMOOTH FINISH STUCCO1
LIGHT SAND FINISH STUCCO2
ARCHITECTURAL FINISHED CONCRETE3
COMPOSITE WOOD SIDING4
WOOD TRELLIS5
VINYL WINDOW6
7 8
9 10

METAL GUARDRAIL
11 12
13 Maximum Building Height, as defined in the Irvine Zoning Ordinance sec. 3-9-1, states: Architectural features, antennae, Wireless Communication Facilities and flagpoles shall be permitted to exceed the maximum building height by ten feet, or by up to 15 feet for Class 4 antennae.

ALUMINUM FRAME GLASS DOOR
SMOOTH FINISH STUCCOLIGHT SAND FINISH STUCCOARCHITECTURAL FINISHED CONCRETECOMPOSITE WOOD SIDINGWOOD TRELLIS5 4 3 2 1

VINYL SLIDING DOOR

BALCONY WITH DEX-O-TEX WATERPROOFING FLOORING

CONCEPTUAL DESIGN

MULTI-FAMILY CONDOMINIUM
2 6 241 9635
0' 10' 20'40' 50'
SCALE: 3/32" = 1'-0"
10

30'

SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

SSSSSSSSSSSSSSSS

THE COMMONS OF MPK LLC
812 S. ATLANTIC BLVD, SUITE A
MONTEREY PARK, CA 91754
338-410 S. ALHAMBRA AVE.,
MONTEREY PARK, CA 91755
65-UNIT CONDO
T-1
S
OFE
S
OI
N
NI
LAJ N
GN
-G
IL
E
A
PREPARED FOR:

D
I
K
STE ER
PRSHO
CIVIL
AC
F
IL
AINROF
NG
TS
TA
ER
AHE
G
N
O
45846
PROJECT LOCATION:
11819 GOLDRING ROAD, Unit A
ARCADIA, CA 91006
Tel: (626)263-3588
E-MAIL: [email protected]
EGL Associates, Inc.

SCALE : 1"=20'-0"
N.T.S. VICINITY MAP

FH FH
30'

SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

SSSSSSSSSSSSSSSS

THE COMMONS OF MPK LLC
812 S. ATLANTIC BLVD, SUITE A
MONTEREY PARK, CA 91754
338-410 S. ALHAMBRA AVE.,
MONTEREY PARK, CA 91755
65-UNIT CONDO
T-2
S
OFE
S
OI
N
NI
LAJ N
GN
-G
IL
E
A
PREPARED FOR:

D
I
K
STE ER
PRSHO
CIVIL
AC
F
IL
AINROF
NG
TS
TA
ER
AHE
G
N
O
45846
PROJECT LOCATION:
11819 GOLDRING ROAD, Unit A
ARCADIA, CA 91006
Tel: (626)263-3588
E-MAIL: [email protected]
EGL Associates, Inc.

SCALE : 1"=20'-0"
N.T.S. VICINITY MAP

SECTION "A-A"
N.T.S.

B1 (PARKING)
FS 389.00
LOT 1
LEVEL 1
FF 400.00
LEVEL 2
FS 410.00
SECTION "B-B"
N.T.S.
1ST FLOOR
FS 388.80
(B1 - PARKING - LOT 1)
FS 389.00
UNIT 205 UNIT 207 UNIT 209 UNIT 211 UNIT 213
UNIT 305 UNIT 307 UNIT 309 UNIT 311 UNIT 313
UNIT 405 UNIT 407 UNIT 409 UNIT411 UNIT 413
LEVEL 3 - FF 420.00
LEVEL 2 - FF 410.00
LEVEL 1 - FF 400.00
B1 - PARKING
FS 389.00
UNIT 217
FF 400.00
SECTION "C-C"
N.T.S.

UNIT 106
FF. 390.00
UNIT 106

SECOND FLOOR
UNIT 106

THIRD FLOOR
UNIT 317
FF 410.00
UNIT 417
FF 420.00
UNIT 212
FF 400.00
UNIT 211
FF 400.00
UNIT 312
FF 410.00
UNIT 311
FF 410.00
UNIT 412
FF 420.00
UNIT 411
FF 420.00
LEVE 3
FS 420.00

THE COMMONS OF MPK LLC
812 S. ATLANTIC BLVD, SUITE A
MONTEREY PARK, CA 91754
338-410 S. ALHAMBRA AVE.,
MONTEREY PARK, CA 91755
65-UNIT CONDO
T-3
S
OFE
S
OI
N
NI
LAJ N
GN
-G
IL
E
A
PREPARED FOR:

D
I
K
STE ER
PRSHO
CIVIL
AC
F
IL
AINROF
NG
TS
TA
ER
AHE
G
N
O
45846
PROJECT LOCATION:
11819 GOLDRING ROAD, Unit A
ARCADIA, CA 91006
Tel: (626)263-3588
E-MAIL: [email protected]
EGL Associates, Inc.

SCALE : 1"=20'-0"
LEVEL 1

Staff Report
September 18, 2024
ATTACHMENT 4
Comparison Table of MPMC Development
Standards and Proposed Project

Comparison Table of MPMC Development Standards and Proposed Project

DEVELOPMENT

STANDARD
MPMC

REQUIREMENT PROPOSED
Minimum Lot Size 7,200 sq. ft. 75,358.8 sq. ft.

Maximum Density
25 units/acre (43.25 units)
*State Density Bonus permits
50% density increase

37.5 units/acre (64 units)
Front Setback Minimum 25’ 25’
Side Setback Minimum 5’ 26’ north
10’ south
Side Setback –
2nd Story Minimum 10’ 26’ north
10’ south
Rear Setback** Minimum 25’
MPMC Incentive: 20% reduction
20’-8”
(17.3% reduction)
Height** 2 stories/30’
MPMC Incentive: +1 story/+11’
3 stories/36’-0”
(1 story/+6’)
Distance between
Structures Minimum 10’ 30’8”
(townhomes to condos)
Driveway Width Minimum 18’ 25’ (north driveway)
20’ (south driveway)
State Density Bonus
Parking Ratio

0.5 spaces/unit
*Projects with at least 11% very
low income w/in ½ mile of transit
Total Required: 32
97 spaces
Open Space
(per unit)**
Common: 400 sq. ft./unit
(25,600 sq. ft.)
Private: 250 sq. ft./unit
(16,000 sq. ft.)
Total: 41,600 sq. ft.

MPMC Incentive: 20% reduction
Common: 29,269sq. ft
Private: 6,082 sq. ft.

Total: 35,351 sq. ft
(84.9% of required open
space)
(15.1% reduction)
* Indicates development standards that are authorized by State Density Bonus law. ** Indicates development standard s that can vary from underlying zone and authorized in the Monterey Park Municipal Code – Density Bonus Incentives Menu.

Staff Report
September 18, 2024
ATTACHMENT 5
Planning Commission Agenda Report dated
August 27, 2024 (excluding all attachments)

Planning Commission Staff Report

DATE: August 27, 2024
AGENDA ITEM NO: 3-A

TO: The Planning Commission
FROM: Jessica Serrano, Director of Community Development SUBJECT: PUBLIC HEARING - TENTATIVE MAP NO. 84188 (TM -23-05), DESIGN REVIEW (DRB -23-105), MITIGATED NEGATIVE
DECLARATION (STATE CLEARING HOUSE NUMBER 2024051026),
AND DEVELOPMENT AGREEMENT (DA -23-03) – Consideration and possible action to adopt a resolution recommending City Council adopt a mitigated negative declaration and approve a tentative map, design review, and development agreement for the construction and subdivision of air rights for a 64-unit condominium development on the real property located at 338 – 410 S outh Alhambra Avenue, also identified by Assessor’s Parcel Numbers 5259-004-036, 5259-004-037, and 5259- 004-038; Applicant: The Commons of MPK, LLC (“Applicant”).

RECOMMENDATION:

It is recommended that the Planning Commission consider:
(1) Opening the public hearing;
(2) Receiving documentary and testimonial evidence;
(3) Closing the public hearing;
(4) After considering the evidence received during the public hearing, a dopt a resolution recommending City Council adopt a mitigated negative declaration and approve TM-23-05, DRB -23-105 and DA -23-03 for the construction and subdivision of air rights for a 64-unit condominium development; and (5) Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

The proposed project is a 64-unit mixed-market rate and affordable housing development (the “Project”). The Project is located on the east side of Alhambra Avenue, at the easterly terminus of Peach Street, between Newmark Avenue and Graves Avenue on the real property located at 338 – 410 South Alhambra Avenue (the “Property”). Properties within the vicinity of the Property include other one and two -story multi -unit residential developments constructed in the 1950s through 2018.

According to Monterey Park Municipal Code ( “MPMC”) Chapters 21.44 and 21.18, the mixed-market rate and affordable housing development may be permitted through a Development Agreement and Density Bonus. Additionally, the Applicant is requesting approval of a tentative map to subdivide the Project’s air-rights for condominium purposes

to enable the sale of each unit separately. The Project is designed according to the MPMC, is consistent with the allowed density, and provides affordable and market rate housing units consistent the City’s adopted Housing Element.

The Project was scheduled for a public hearing before the City Council at its Special Meeting on June 18, 2024. At the meeting, the City Planner briefly presented her recommendation to continue the public hearing to allow finalization of the Project’s development agreement. During the public hearing and following testimony from the community regarding the scale of the Project, and concerns related to public safety, traffic, and parking impacts, the City Council determined that the Project would be better served by allowing the City’s Planning Commission to further study these issues and referred the Project to the Planning Commission for recommendation.

CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the Project pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). An initial study was prepared in accordance with the CEQA Guidelines § 15063 (“IS”) which shows that, if mitigated, the Project would not cause any significant environmental impacts. Accordingly, pursuant to CEQA § 21091, the City prepared a mitigated negative declaration (“MND”) of environmental impacts for the Project. Based on the IS findings, and with proposed mitigation measures for air quality, biological resources, cultural resources, geology and soils , and noise, the proposed development would not result in significant environmental impacts.

The IS, MND and a notice of intent to adopt the MND was prepared, circulated, and made available for public review between Thursday, May 23, 2024, and Tuesday, June 12, 2024. During this period, the City received 32 comments in support of the project and 35 comments protesting the project. While many of the comments received did not include CEQA related issues, those that did were evaluated and incorporated into the MND as appropriate. Accordingly, no further environmental review is required.

TYPE OF ACTION (LEGISLATIVE; QUASI-JUDICIAL; OR ADVISORY)

Advisory: In considering approval of the proposed project, the Planning Commission is acting as an advisory body to the City Council. Approval of the project is within the authority of the City Council because it includes a Development Agreement and related approvals pursuant to MPMC § 2.56.020(c).

Planning Commission’s recommendation to the City Council, however, plays an important role in the approval process and should include the factual and legal basis for the Planning Commission’s findings. The City Council can then consider those findings when making its own determination.

Planning Commission’s recommended action to City Council is to approve and adopt a TM, DRB, DA, and associated Mitigated Negative Declaration . In considering such actions, the Planning Commission acts in a quasi -judicial role. In doing so, the Planning

Commission acts like a court: it applies facts gathered during a public hearing to existing law. Just like a court, the Planning Commission can only consider facts that are relevant to the case. A party appearing before the legislative body is entitled to:
• Notice of the proposed action;
• Reasons for the action;
• A copy of the evidence on which the action is based; and • The right to respond before a reasonably impartial, non-involved reviewer.

The Planning Commission must base its decision upon substantial evidence within the record. “Substantial evidence” generally means enough relevant information and reasonable inferences from information gathered during a public hearing that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts does not con stitute substantial evidence. Substantial evidence includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. If the Planning Commission asks irrelevant questions and bases its decision-making on such questions, a court may overturn the Planning Commission’s decision and potentially hold the City liable for violating the applicant’s constitutionally protected due process rights.

To recommend approval of the TM (per MPMC § 20.04.070), the Planning Commission must find that the project is:
• Consistent with the Monterey Park General Plan;
• Consistent with any applicable specific plan or planned development; • Consistent with the provisions of the MPMC;
• In the interest of public health and safety; and
• A necessary prerequisite to the order development of the surrounding area.

To recommend approval of the Design Review (per MPMC § 21.36.060), the project must:
• Be compatible and in keeping with the character of the neighborhood and not detrimental to the general welfare of the neighborhood in which they are located; • Reflect the values of the community; enhance the surrounding environment; and harmonize with its surroundings; and
• Provide a visually pleasing setting for structures on the site through landscaping.

Pursuant to Government Code § 65867.5, to recommend approval of the development agreement, the Planning Commission must find that the:
• Provisions of the agreement are consistent with the general plan and any applicable specific plan.

• Agreement provides that any tentative map prepared for the subdivision will comply with Government Code § 66473.7.

Pursuant to CEQA Guidelines § 15074, to recommend approval of the mitigated negative declaration, the planning commission must find:
• On the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis.

Pursuant to Government Code § 65915, to recommend approval of the density bonus, the planning commission must find that the:
• The site will include 15% or more units restricted to very-low income households.

BACKGROUND
The Applicant is requesting approval of TM-23-05, DRB-23-105 and DA -23-03 for the subdivision of air rights to construct a 64 -unit mixed market and affordable housing condominium project at 338 -410 South Alhambra Avenue. The Property is zoned R -3 (High-Density Residential) and has a General Plan designation is High Density Residential. The Property is currently developed with multi- and single-family residential dwelling units and is surrounded by residential properties on all sides (see Figure 1).

Figure 1: Project Site Aerial – 338-410 S. Alhambra Avenue

Site and Architectural Design

The Project is designed with two housing product types that total 64 multi -family residential dwelling units: (1) seven townhomes; and (2) 57 stacked condos. The frontage along Alhambra Avenue of the Project will feature seven attached townhomes that have front entries along Alhambra Avenue. Behind the row of townhomes will be a larger building that features the balance of the 57 condominium units, common open space and parking facilities (see Figure 2). The townhomes are three levels, with parking at ground level and the living areas two stories above. Because the Property slopes down from the street, when viewing from the street, the townhome units appear two-stories, but feature a bermed landscape front setback, leading to front entries that are slightly elevated from the street level. The larger condominium building will be at the rear with three stories of living units and common open spaces over a subterranean parking garage.

Parking and Circulation

The Project will be accessible from Alhambra Avenue by two driveways, one at the north end and one at the south end of the Property. These two driveways will have a U - configuration around the townhome units, so each unit is able to access its own two-car garage. The northerly driveway will span almost the full depth of the Property and provides a single point of ingress and egress to the parking garage area for the condo units in the rear building.

Alhambra Avenue
Total parking spaces proposed for this Project is 97. E ach townhome will feature individual two-car garages (14 total garage spaces). Additionally, subterranean parking is provided for the condominium units at the rear of the Property , which is proposed to contain 83 standard parking spaces.

The Applicant proposed parking at a ratio that is higher than State Density Bonus law and did not invoke lower applicable parking ratios that allow for ½ a parking space for units that are in close proximity to high quality transit as found on Garvey Avenue, approximately 0.3 miles to the north. A comparison of parking requirements and proposed parking is detailed in the table below . Figure 2 shows the site plan for the Project containing the outline of the proposed buildings, access points and landscape areas.

Figure 2: Site Plan

As part of the requirements of this Project, the City request ed and reviewed a Focused Traffic Analysis of the site and the surrounding neighborhood. While the Project screens below the City’s established Vehicle Miles Traveled ( “VMT”) policy thresholds and does not have an impact to transportation under to CEQA, there is acknowledgement that there may be potential impact to on-street parking along Alhambra Avenue and Peach Street,

with areas surrounding both the multi -family and single family -homes potentially being used for overflow parking . Because the Project meets and exceeds the State’s Density Bonus parking ratio, the City cannot require additional parking of this Project.

However, to help provide safe access to and from the Property, staff is requiring a strategy to help maintain some on -street parking along the project’s frontage . Off -site improvements will include the installation of a 20’ red curb to the south of the northernmost driveway and 20’ of red curb to the north of the southernmost driveway, which will allow cars to see around parked vehicles and to safely exit project driveways while still providing some on-street parking. A condition of approval has been added to the project conditions.

Design

As proposed, the Project meets development standards found in the MPMC and requirements found in City and State Density Bonus law:

DEVELOPMENT

STANDARD
MPMC

REQUIREMENT PROPOSED
Minimum Lot Size 7,200 sq. ft. 75,358.8 sq. ft.

Maximum Density
25 units/acre (43.25 units)
*State Density Bonus permits
50% density increase

37.5 units/acre (64 units)

Front Setback Minimum 25’ 25’
Side Setback Minimum 5’ 26’ north
10’ south
Side Setback –
2nd Story Minimum 10’ 26’ north
10’ south
Rear Setback** Minimum 25’
MPMC Incentive: 20% reduction
20’-8”
(17.3% reduction)
Height** 2 stories/30’
MPMC Incentive: +1 story/+11’
3 stories/36’-0”
(1 story/+6’)
Distance between
Structures Minimum 10’ 30’8”
(townhomes to condos)
Driveway Width Minimum 18’ 25’ (north driveway)
20’ (south driveway)

State Density Bonus
Parking Ratio

0.5 spaces/unit
*Projects with at least 11% very
low income w/in ½ mile of transit
Total Required: 32
97 spaces

DEVELOPMENT

STANDARD
MPMC

REQUIREMENT PROPOSED
Open Space
(per unit)**
Common: 400 sq. ft./unit
(25,600 sq. ft.)
Private: 250 sq. ft./unit
(16,000 sq. ft.)
Total: 41,600 sq. ft.

MPMC Incentive: 20% reduction
Common: 29,269sq. ft
Private: 6,082 sq. ft.

Total: 35,351 sq. ft
(84.9% of required open
space)

(15.1% reduction)
* Indicates development standards that are authorized by State Density Bonus law. ** Indicates development standard s that can vary from underlying zone and authorized in the MPMC.

The architectural design of the Project includes a contemporary style of architecture, combining clean lines, simple building forms such as a flat roof with a parapet . a mix of wall finishes includ ing stucco, concrete, wood siding, and windows with dark trims .

Recessed balconies and front entries are located along the Alhambra Avenue elevation, and the use of large windows help break up the massing and scale of the Project. The neutral color palette is subdued with white stucco, gray accent walls, and light wood trims.

The mix of textures are understated, but contribute to the overall clean and uncluttered appearance (see Figure 3 – West Elevation)

Figure 3: West Elevation (facing Alhambra Avenue)

The Project is designed to fit into the neighborhood and surrounding properties through its compliance with the required setback requirements which provide adequate buffers to existing adjacent developments . The following setbacks are provided between the proposed development and adjacent properties:

• North of project site: 26-foot-wide setback is provided to the detached, 2-story, townhome development;

• South of project site: 10-foot setback is provided to the 3-story townhome development; and
• East of project site (rear): 20-foot, 8-inch buffer is provided to the 1 to 2 story developments.

To soften the development’s appearance on the street (west) elevation, the townhomes bring the scale of the Project down as the density of the project transitions between the townhomes to the condominium building in the rear (see Figure 4 – Axonometric View – Northwest).

Figure 4 – Axonometric View – Northwest

Landscape at the front, rear, and sides will also provide transitional areas between the existing neighborhood and the proposed development . The planting of ground cover, trees, and shrubs will create green spaces to lessen the visual impact of the development.

The Project will also feature a large central courtyard on the 1 st level of residential units in the rear building, that will include amenities such as seating areas and dining areas that are attractively landscaped. Staff recommends the inclusion of a barbecue area and shade structures to enhance the courtyard area amenities and included a condition of approval. Other common open space areas will be located on all levels of the condominium building as summarized below:

• 1st story – central courtyard, community room, and gym; • 2nd story – community room, business center; and
• 3rd story – roof deck with wood trellis.

Floor Plans
There are seven attached townhome units proposed and located adjacent to the Alhambra Avenue frontage. Each of the townhome units are 2,070 square feet in size and will have 2 enclosed garage spaces with storage areas. The living areas of the townhomes will have common li ving spaces such as living room, dining room, powder room, kitchen and laundry on the 1 st floor. The 2nd floor will contain the 3 bedrooms and two bathrooms, and a 72 -square foot balcony, used as private open space, located off the master suite. All units will have a covered front entryway accessible from Alhambra Avenue.

The condominium building at the rear will feature 57 units. Each floor will feature units between 1 and 3 bedrooms ranging from 645 square feet to 1,300 square feet as summarized below:
• 1-bedroom (approximately 645 square feet) – 15 units/floor • 2-bedroom (approximately 1,000 square feet) –12 units/floor • 3-bedroom (approximately 1,300 square feet) – 3 units/floor All units will feature open concept living, dining, and kitchen areas . One-bedroom units will have one bathroom, and two- and three-bedroom units will have two bathrooms. Each unit will have a balcony averaging 79 square feet in size that will function as private open space.

Tentative Map (“TM”)
The Property is comprised of three lots totaling 75,386 square feet (1.73 acre s). The Applicant proposes to reconfigure the three lots into one lot and simultaneously subdivide the Property for air rights for each dwelling unit. The subdivision allows separate ownership of each dwelling unit (persons own the air space of a particular dwelling, while all the condominium owners mutually own and are responsible for all maintenance of the buildings and the common areas).

The proposed TM is consistent, in terms of density and use, with the MPMC and General Plan designations. The Property is zoned for multiple-family residences and the General Plan allows for a density between 16.1 and 30 dwelling units per acre. The Project proposes 64 residential units on approximately 1.73 acres which is rough 51.9 units per acre. While this figure is higher than contemplated in the General Plan, the Project is utilizing and consistent with the Density Bonus law and, accordingly, the Project does not exceed the maximum density allowed under the General Plan (see discussion below regarding Density Bonus).

The Public Works Department, Fire Department and other agencies reviewed the TM and plans, and proposed conditions of approval. Pursuant to MPMC Chapter 20.10, the Applicant must submit a final map within 24 months after the TM is approved which is

reviewed for substantial compliance with the TM.

Density Bonus

A Density Bonus is proposed as part of this Project and is a mechanism established by California law that allows developers to obtain concessions and/or waive local development requirements in exchange for building affordable housing.

The High-Density Residential land use designation of the General Plan allows 30 units per acre. The Property is approximately 1.73 acres; accordingly, 51.9 units are permitted by the General Plan, before considering Density Bonus law. The following table summarizes the use of the Density Bonus, of what is permitted by the MPMC and California law, in comparison to what the developer has proposed:

DENSITY BONUS

CALCULATIONS

PERMITTED PROPOSED
Underlying Density 30 units/acre
(per General Plan) 25 units/acre

1.73-acre Site Size x
Underlying Density 51.9 units 43.25 units
15% Units
(Very Low Affordability)

51.9 x15% = 7.785
(rounded up to 8 units)

43.25 x 15% = 6.49
(rounded up to 7 units)
Density Bonus Permitted*
50% above base density
30 units/acre + 50% =
45 units/acre
25 units/acre + 50% =

37.5 units/acre
Total Units Permitted –

1.73-acre site 77 units 64 units
*State Law permits a 50% bonus if 15% of units are proposed for at the very -low affordability level.

As shown, the Applicant is seeking a lower density bonus than otherwise permitted (64 units instead of 77 units ). Of the 64 units, seven units will be affordable to those households that are categorized as very low income, while the balance of the 57 units will be market rate. Staff worked with the Applicant over the course of the entitlement applications to bring forward a Project that can be better integrated with the neighborhood while complying with State mandates.

Since the Project designates 15% of the units as restricted to very -low incomes households, the City is mandated by California law to grant a minimum of three incentives that allow the Applicant to avoid certain development standards that it retains discretion to choose.

The Applicant is requesting three incentives to increase the allowed building height, decrease the rear setback, and decrease the required open space. The requirements, incentive, and Applicant’s proposal are further described in the following table.

DEVELOPMENT

STANDARDS
MPMC R-3
Standards
MPMC §

21.18.050
Density Bonus
Incentives
Menu

PROPOSED
Maximum Building
Height/Stories 30’/2-stories Lesser of add’l
11’ or 1 story
36’/3-stories
(6’ and 1 story)
Rear Setback 25’ 20% decrease 20’ (20% decrease)
Minimum Open
Space (per unit)*

Common
400 sq. ft./unit
(25,600 sq. ft.)
Private
250 sq. ft./unit
(16,000 sq. ft.)

Total: 41,600 sq. ft.
20% decrease
Common
29,269 sq. ft
Private
6,082 sq. ft.

Total: 30,423 (84.9%)

(15.1% decrease)

The incentives chosen by the Applicant are for building height, rear setback, and open space which are consistent with what is permitted in the City’s menu of incentives contained in MPMC § 21.18.05(A), (D) and (E).

Development Agreement:

The Project satisfies all requirements for approval, including General Plan consistency, of its development agreement. MPMC § 21.44.020 (B) requires a development agreement, in a form approved by the City Attorney, for all residential developments with 10 or more dwelling units. The Applicant is proposing public benefits which include the creation of affordable housing units in the very low -income category, a local hire preference, a buy local preference, a local resident preference for the eventual rental or sales of affordable units, and enhanced electric vehicle charging capa bilities at the site.

The Development Agreement also includes addi tional stipulations, which will limit impacts, and implement the goals, policies, and objectives of the General Plan.

LEGAL NOTIFICATION:

The legal notice of this hearing was posted at City Hall, Monterey Park Bruggemeyer Library, and Langley Center and published in Monterey Park Press on August 1, 2024, with affidavits of posting on file . A total of 219 notices were mailed to property owners within 300’ of the Property. Electronic mail notifications were also sent to parties who requested notices and expressed interest about the Project.

Respectfully submitted by: Respectfully prepared by:

Jessica Serrano
Director of Community
Development
Beth Chow, AICP
Planning Manager
Reviewed by:

Justin A. Tamayo
Deputy City Attorney
ATTACHMENTS:

Attachment 1: Planning Commission Resolution (including Attachment A (Ordinance) and Attachment B (City Council Resolution), with Exhibits)
Attachment 2: Architectural Plans, with Materials Board Attachment 3: Tentative Map No. 81411 (TM-23-05)

Staff Report
September 18, 2024
ATTACHMENT 6
Planning Commission Resolution dated August 27,
2024 (excluding Attachment "A" (Ordinance) and
Attachment "
B" (City Council Resolution))

RESOLUTION NO. 06-24

A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL

APPROVE THE CONSTRUCTION AND SUBDIVISION OF AIR RIGHTS
FOR A 64-UNIT CONDOMINIUM PROJECT ON REAL PROPERTY
LOCATED AT 338-410 S. ALHAMBRA AVENUE (ASSESSOR’S PARCEL NUMBERS 5259-004-036, 5259-004-037, AND 5259-004-038);
APPLICANT: THE COMMONS OF MPK, LLC.

The Planning Commission of the City of Monterey Park does resolve as follows:

SECTION 1. The Planning Commission finds and declares that:

A. The Commons of MPK, LLC (“Developer”) submitted development applications including TM-23-05, and DA-23-03 to construct and subdivide a 64 -unit condominium development , including seven affordable units through a Density Bonus (the Project”) on the real property located at 338 – 410 South Alhambra Avenue (the “Property”).

B. The City Planner reviewed the project pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq ., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq ., the “CEQA Guidelines”). CEQA and the CEQA Guidelines are collectively referred to as “CEQA Regulations.” C. The Project was scheduled for a public hearing before the City Council at its special meeting on June 18, 2024, at which time the Council remanded the Project to the Planning Commission for further study.

D. The Planning Commission may review and make recommendations to the City Council regarding land use regulations.

E. The City Planner completed her review and scheduled the public hearing regarding the Project before the Planning Commission for August 27, 2024.

F. On August 27, 2024 , the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed project, including, without limitation, information provided to the Planning Commission by City staff and public testimony.

G. This Resolution and its findings are made based upon the evidence presented to the Commission at its August 27, 2024 , hearing including, without limitation, the staff report submitted by the City Planner.

SECTION 2. Factual Findings and Conclusions. The Planning Commission adopts the project findings, and factual findings and conclusions in the draft City Council ordinance and resolution attached as Attachments “1” and “2” which are incorporated by reference.

PLANNING COMMISSION
RESOLUTION NO. 06-24
PAGE 2 OF 4
SECTION 3. Environmental Review. The City reviewed the environmental impacts of the Project pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulation s promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”) . An initia l study was prepared in accordance with the CEQA Guidelines section 15063 (“IS”) which shows that, if mitigated, the Project would not cause any significant environmental impacts. Accordingly, pursuant to CEQA § 21091, the Ci ty prepared a mitigated negative declaration (“MND”) of environmental impacts fo r the Project . Based on the IS findings, and with proposed mitigation measures fo r air qualit y, biological resources, cultu ral resources, paleontological resources, and noise , the proposed development wou ld not result in significant environmental impacts. Accordingl y, no furthe r environmental review is required.

SECTION 4. Recommendation. The Planning Commission recommends the City Council approve the Project, and adopt the:

A. Ordinance attached as Attachment "A” and incorporated by reference approving the development agreement, in a form approved by the City attorney; and B. Resolution attached as Attachment “B” and incorporated by reference approving the subdivision of air rights and adopting the IS and MND, for the Project.

SECTION 5. Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the Planning Commission’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 6. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 7. Reliance On Record. Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the i ndependent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 8. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the Planning Commission intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

PLANNING COMMISSION
RESOLUTION NO. 06-24
PAGE 3 OF 4
SECTION 9. Preservation. This Resolution does not affect any penalty, forfeiture, or li
ability incurred before, or prelude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.

SECTION 10. Limitations. The Planning Commission’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 Planning Commission’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 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. This Resolution will remain effective un til superseded by a subsequent resolution.

SECTION 13. The Secretary must certify to the adoption of this Resolution and forward a copy to the City Council.

SECTION 14. Signature. The Planning Commission Chairman, or presiding officer, is authorized to affix its signature to this Resolution signifying its adoption by the Planning Commission of the City of Monterey Park, and the Planning Commission Secretary is directed to attest.

PASSED, APPROVED, AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF MONTEREY PARK THIS 27th DAY OF AUGUST 2024. ________________________________
Peter Fung, Chairperson
I hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Monterey Park at the regular meeting held on the 27th day of August 2024, by the following vote of the Planning Commission:

AYES: CHIANG, KWOK, SAM, WILSON

PLANNING COMMISSION
RESOLUTION NO. 06-24
PAGE 4 OF 4
NOES: NONE

ABSTAIN: FUNG
ABSENT: NONE
ATTEST:
__________________________
Jessica Serrano, Secretary
APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY
By: ______________________________
Justin A. Tamayo, Deputy City Attorney

RESOLUTION NO.

A RES

OLUTION OF THE CITY COUNCIL OF MONTEREY PARK, CALIFORNIA, IN

SUPPORT OF MEASURE G FOR A MORE ACCOUNTABLE, TRANSPARENT, AND

REPRESENTATIVE LOS ANGELES COUNTY GOVERNMENT
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:

SE
CTION 1: The City Council finds as follows:

A. The gov
ernance structure of Los Angeles County has remained unchanged since 1912, a time when the population was approximately 500,000 residents and before women were granted the right to vote.

B. Today,
Los Angeles County is the most populous county in the nation, with over 10 million residents, and is served by only five elected supervisors, each representing approximately two million constituents.

C. The c
urrent structure limits the ability of the Board of Supervisors to be fully responsive to the diverse needs and challenges faced by communities across the County.

D. Refor
ming Los Angeles County ’s governance structure is necessary to address the region’s most pressing issues and to ensure a County government that is truly accountable, transparent, and representative.

E. Meas
ure G, a comprehensive governance reform package, has been placed on the November 2024 ballot by the Los Angeles County Board of Supervisors on July 30, 2024.

F. Meas
ure G proposes to create an independent Ethics Commission, establish the position of an elected County Executive, and expand the Board of Supervisors, among other reforms.

G. The es
tablishment of an independent Ethics Commission will enhance transparency, build public trust, and combat corruption within the County’s governance.

H. The cr
eation of an elected County Executive will provide necessary checks and balances, improve the efficiency of County operations, and ensure that the management of the County’s budget is accountable to the public.

I. Expan
ding the Board of Supervisors from five to nine members will allow for more diverse voices to be heard and will increase the accessibility of Supervisors to the communities they represent.

September 18, 2024
City Communication - 6A

Resolution No.

J. A dditional reforms in Measure G include the creation of a commission to review the County Charter every ten years, the establishment of a Department of Budget and Management and a County Legislative Analyst, the requirement for open budget hearings by departments annually, and the formation of a task force comprised of members of the public to oversee the implementation of these reforms.

K. Measure G represents a once- in-a-generation opportunity to bring necessary structural changes to Los Angeles County’s government and to ensure that it can effectively address issues such as homelessness, public safety, social services, and meaningful public engagement.

L. The City of Monterey Park stands with the communities of Los Angeles County in calling for a government that is more accountable, transparent, representative, and that is capable of effectively addressing the challenges of the 21 st century.

M. The City of Monterey Park strongly supports Measure G and urges the voters of Los Angeles County to approve these critical reforms on the ballot in November 2024.

SECTION 2: 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 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 4: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 18
th day of September 2024.

________________________________
Thomas Wong, Mayor
Attest:

__________________________
Maychelle Yee, City Clerk

Approved as to Form:

__________________________
Karl H. Berger, City Attorney

RESOLUTION NO.

A RES

OLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY

PARK, CALIFORNIA, DECLARING AND RECOGNIZING OCTOBER
2024 AS DOMESTIC VIOLENCE AWARENESS MONTH
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:

SE
CTION 1: The City Council finds as follows:

A. The
month of October is designated as “National Domestic Violence Awareness Month” through a Proclamation issued on October 2, 1995, by President William Jefferson Clinton.

B. The 2
024 Domestic Violence Awareness Month theme is Heal, Hold & Center .

Everyone must work together, embrace the many cultural ways they can heal from violence and oppression, commit to holding space for survivors, and center those most marginalized in all of their efforts to end domestic violence.

C. Dom
estic violence disrupts communities throughout the nation causing harm to thousands of men, women, and children, destroying relationships, and disrupting social order.

D. Nat
ional Domestic Violence Awareness Month supports public awareness efforts to educate each citizen about the detrimental effects of domestic violence and the need to focus on prevention, intervention, and treatment to strengthen our families and teach alternatives to violent behavior.

E. In O
ctober, battered victims will advocate nationwide and unite with government officials, corporations, unions, health care providers, legal services, and religious groups to organize events and activities that focus public attention on the negative impacts of domestic violence and the availability of services for victims.

F. To e
nd domestic violence, we must address the problem at the societal, community, relationship, and individual levels.

G. The C
ity of Monterey Park would like to remind everyone that healing is a journey.

Individuals in a crisis situation or who need support for something that happened weeks, months, or even years ago can receive supportive care from well -trained advocates at the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or TTY 1 -800-787-3224, 24- hours a day, 7 days a week. Live chats are also available on their website at https://www.thehotline.org/. Additionally, more resources can be found on the Domestic Violence Awareness Project website at:
https://www.dvawareness.org/seeking-help.

H. The M
onterey Park City Council hereby recognizes October 2024 as Domestic Violence Awareness Month in the City of Monterey Park and encourages all September 18, 2024
City Communication - 6B

citizens to promote efforts to reduce domestic violence and support domestic violence victims and their families.

SECTION 2: 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 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution, signifying its adoption by the City Council of the City of Monterey Park , and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 4: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 18th day of September 2024.

________________________________
Thomas Wong, Mayor

Attest:

__________________________
Maychelle Yee, City Clerk

RESOLUTION NO.

A RES

OLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK, CALIFORNIA, DECLARING AND RECOGNIZING OCTOBER 3,
2024, AS LATINA EQUAL PAY DAY
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:

SE
CTION 1: The City Council finds as follows:

A. Octo
ber 3, 2024, is Latina Equal Pay Day. We recognize the wage gap that Latina women face as part of a broader set of disparities that Latina women encounter in homeownership, unemployment, poverty, access to childcare, and the ability to accumulate wealth.

B. Lati
nas are one of the fastest-growing, most influential groups in the United States.

Latinas excel in every sector and industry in our country.

C. Lati
nas make up the second largest group of women workers in the United States at 13,900,000 workers nationwide. One in five people in the State of California is Latina.

D. Lati
nas continue to face the pay gap that is, on average, 5 1 cents to every dollar paid to white, non-Hispanic men. The wage disparity reflects the economic hurdles Latinas continue to encounter.

E. Mor
e than twelve million Latinas account for 17.57 % of the female labor force, a figure that is projected to grow dramatically, according to the Bureau of Labor Statistics.

F. Near
ly 4 in 10 mothers are primary breadwinners in their households, and nearly two-thirds of mothers are the primary or significant earners, making pay equity critical to the economic security of their families.

G. A l
ifetime of lower pay means women have less income to save for retirement and less income counted in a Social Security or pension benefit formula. Latinas lose $1,200,000 in potential earnings on a 40-year career.

H. Due t
o the wage gap, Latinas in California would have to work until 116 years of age to earn what a White non-Hispanic male earns by 60 years of age.

I. The w
age gap is a disadvantage for Latinas, their families, and the economy, and fair pay in California would strengthen the security of individuals and families today, regardless of education or socioeconomic status, while enhancing our statewide economy.

September 18, 2024
City Communication - 6C

J. Until the women who perform some of the most essential jobs can achieve economic security, our economy and communities will not be as strong as they possibly can be.

K. The Monterey Park City Council hereby proclaims October 3, 202 4, as Latina Equal Pay Day in recognition of the need to eliminate the gender gap in earnings by women and to promote policies to ensure equal pay for all.

SECTION 2: 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 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution, signifying its adoption by the City Council of the City of Monterey Park , and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 4: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 18th day of September 2024.

________________________________
Thomas Wong, Mayor

Attest:

__________________________
Maychelle Yee, City Clerk