BUYERS INITIALS
not to be concemed with the enforcement of said law. The parties' signatures on this instruction shall be deemed evidence that they are each aware ofany such requirements-
D. The parties agree that Escrow Holder is not responsible for requesting information and/or demands from any Homeowners Association, Home Protection Plan Provider, or Natural Hazard Disclosure Provider, unless expressly requested by the parties.
21. PropertyCond-ition: EscrowHoldermakesnophysicalexaminationorinspectionofanyrealorpersonalpropertydescribedinthese instructions or in any instrument or document deposited herewith. Escrow Holder accepts no agency or duty, and none may be implied in any mannerunder Califomia Civil Code $1102.11, any other statute or authority, or written agreement for making or giving any disclosures under the Transfer ofResidential Property. The parties hereby expressly acknowledge that Escrow Holder has no duty or liability whatsoever for the physical condition or habitabiliry of any property the subject ofthis escrow 22, Disbursements: All disbursements shall be made by check of your company on said account; and all parties acknowledge and agree that Escrow Holder shall charge a twenty dollar ($20.00) fee to any party requesting a duplicate check for any reason. All documents and funds due to respective parties herein shall be by United States mail to their addresses provided to Escrow Holder, unless otherwise instructed. The parties acknowledge that Escrow Holder has no controi ov€r or liability regarding a bank's timely processing or receipt of any disbursement made by check or wire transfer pursuant to a party's instruction. It shall be the party's duty to provide correct wire insfuctions to Escrow Holder, rvho shall not be obligated to confirm account's beneficiary. Escrow Holder is not responsible or liable for any act by a third-party, or any injury caused by delays or rejection ofwire transfers due to the routing or account numbers, or for any loss due to an incorrect payee on any account that Escrorv Holder is directed to wire funds into. 23, Assignment of Proceeds: If the parties to this escrow unilaterally assign or order the proceeds of this escrow to be paid to other than the original parties to this escrow, such assignment or order is subordinated to the expenses ofthis escrow, liens ofrecord on the subject properfy, and payments directed to be made by original parties together, The parties understand and agree that such assignment of proceeds is subject to the approval of any lender. If the result of such assignment or order would be to leave the escrow without sufficient funds to close, then you are directed to close nevertheless, and pay such assignments or orders out ofthe net proceeds due except for such assignments or orders, and to pay them in the order in which such assignment or orders are received by you. If any assignment or tansfer of interest is by operation of law, with or without the approval or consent of any or all of the parties hereto, you shall retain the right to deduct any and all escrow costs, fees and expenses provided for herein or under your current fee schedule from said assigDed or transferred funds, properties or rights.
24. Dishonored Checks: If any check submitted to escrow is dishonored upon presentment for payment, Escrow Holder is authorized to notif all parties, their respective agents or any other person or entity Escrow Holder deems in its sole discretion necessary to notifo of such nonpayment. The parties shall reimburse Escrow Holder for any costs or expenses in connection therewith. THE SELLER'S EXCLUSTVE LEGAL OR EQUITABLE REMEDY FOR ANY INruRY FROM THE DISHONORING OF ANY CHECK OR FUNDS FROM BUYER SHALL LIE ONLY AGAINST BLITER AND NOT ESCROW HOLDER.
25. Reimbursement of Funds: If Escrow Holder disburses more funds to or for the benefit of any party than they are entitled to receivg or the escrow has a shortage to or for the benefit of any party, that benefitting party agrees to repay Escrow Holder the amount of the overpa)rment or shortage within five days of its demand, after which interest shall accrue at the rate of ten percent (10%) per annum- In the event ofany failure to pay fees, costs or expenses due hereunder, on Escrow Holder's demand the parties agree to pay a reasonable fee for any attomey services which may be required to collect such fees, costs, or expenses, in addition to any other fees and costs as the court may otherwise determine.
26. Document Retention: The parties acknowledge, consent and expressly authorize the Escrow Holder to convert, store, or otherwise maintain any original documents (including executed purchase agreements) or copy thereof submitted or otherwise provided to Escrow Holder in an electronic format or medium for all purposes. Upon Escrow Holder's kansfer of any document into an electronic format, it is expressly authorized without any liability to destroy the original paper documents submitted or otherwise provided to Escrow Holder.
The parties to these Escrow Instructions authorize Escrow Holder to destroy these instructions and all other instructions, documents and electronic records of this escrow at any time afier five (5) years from the Close of Escrow, cancellation, or date of the last activity without liability and without further notice to the parties. The parties further acknowledge and agree that Escrow Holder shall be entitled to charge a document retrieval fee to any party requesting access to an original document that is in storage in accordance with your schedule of fees and charges-
27. Choice of Law and Limitations: These instructions are to be conskued and interpreted according to California Law. NO ACTION SEALL LIE AGAINST ESCROW HOLDER FOR AI\'Y CLAIM, LOSS, LIABILITY OR ALLEGED CAUSE OF ACTION OF AT{Y KTND OR NATURE WHATSOEVER, HOWE\rf,R CAUSED OR OCCURRED, I]NDER TSIS ESCROW OR IN CONNECTION WITII TIIE IL{NDLTNG OR PROCESSING OF TIIIS ESCROW, UNLESS BROUGITT WITIITN TWELVE (12) MONTHS AFTER TIrE CLOSE OF ESCROW OR ANr-Y CANCELLATION OR TERMTNATION OF ESCROW FOR , A}IYREASONWHATSOEVER.
28. No Legal. Financial or Tax Advice: THE PARTIES ACKNOWLEDGE AND UNDERSTAND THAT ESCROW HOLDER IS NOT AUTHORIZED TO PRACTICE LAW NOR DOES TT GIVE FINANCIAL ADVICE. THE PARTIES ARE ADVISED TO SEEK
LEGAL AND FINANCIAL COTINSEL AND ADVICE CONCERNING THE EFFECT OF THE PURCHASE AGREEMENT, THESE ESCROW INSTRUCTIONS AND GENERAL PROVISIONS, ANY LOAN DOCUMENTS OR OTHER FiNANCIAL/TAX
ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initiuls below represent my agreement and acknowledgment ofthe /oregoing.
BUYERS INITIALSSELLERS INITIALS G
DOCUMENTS OR CONSEQUENCES. THE PARTIES ACKNOWLEDGE THAT NO REPRESENTATIONS ARE MADE BY ESCROW HOLDER AND NO RELIANCE PLACED ON THE LEGAL SUFFICIENCY. LEGAL CONSEQUENCES, FINANCIAL EFFECTS OR TAX CONSEQUENCES OF ANYTHING WITHIN THIS ESCROW TRANSACTION.
29. \4titness Fees: If any officer, agent, employee, or representative of Escrow Holder is required to respond to any subpoena or other order to personally appear in an action or proceeding in which Escrow Holder's breach or fault is not in issue, rhe party reguiring such appearance agrees to indemnifr and hold you harmless from and against all costs, expenses and reasonable attorney's fees expended or incurred by you in connection with such appearance. The party requiring such appearance shall pay to Escrow Holder and its office1 agent, employee, or representative, in addition to the amounts from time to time provided for by law, the sum of four hundred dollars ($400.00) as an additional witness fee for each day or part thereofthat an officer, agent, employee or representative ofEscrow Holder is required to attend. As a condition precedent to any obligation to appear under such subpoena or order, the party requesting such appearance must conclurently with the service of the zubpoena or order pay the additional witness fee that is agreed to herejn for each day's actual attendance, even if no testimony is given.
30. Leeal Fees: All of the parties to this escrow, jointly and severally, promise to pay promptly on demand, as well as to indemnifr you and to hold you harmless from and against all administrative govemmental investigations, audit and legal fees, litigation and interpleader costs, damages, judgments, attomeys' fees, arbitration costs and fees, expenses, obligations and liabilities of every kind (collectively "costs') which in good faith you may incur or suffer in connection with or arising out of this escrow, whether said costs arise during the performance ofor subsequent to this escro% directly or indirectly, and whether at trial, or on appeal, in administrative action, or in an arbitation. You are given a lien upon ali the rights, dtle and interests ofthe parties and all escrow papers and other properfy and monies deposited into this escrow to protect your rights and to indemnifu and reimburse you. If the parties do not pay any fees, costs or expenses due you under the escrow instructions or do not pay for costs and attomeys' fees incurred in any litigation, administrative action and/or arbitration, on demand, they each agree to pay a reasonable fee or any attomey services which may be required to collect such fees or expenses, whether attorneys' fees are incurred before trial, at trial, on appeal or in arbitration.
31. Dispute Resolution- Mediation: Notwithstanding any other mediation provisions, Buyer, Seller and broker(s) also agree to mediate any dispute or claim arising out of this Agreement between themselves and Escrow Holder, before resorting to court action, Escrow Holder also agrees to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Escrow Holder.
Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attomey fees, even if they would otherwise be available to that parfy in any such action- Exclusions from this mediation agreement are:
EXCLUSIONS: The following matters are excluded from mediation: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code $2985; (ii) an interpleader action; and (iii) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the iecording of a notice of pending action, or for order of attachment, receivership, injunction, or other provisional rernedies, shall not constitute a waiver nor violation of the mediation provisions.
32. Fees and Expenses: Fees and charges agreed upon for your services shall be considered compensation for ordinary services as contemplated by these instructions. The parties hereby acknowledge and agree one or more parties to this escrow may receive a reduced escrow fee. ALL PARTIES ACKNOWLEDGE AND AGREE THAT ESCROW HOLDER SHALL CHARGE BI-IYER AND SELLER AN AUDIT FEE FOR THIS ESCROW TRANSACTION IN ACCORDANCE WITH YOUR SCIIEDULE OF FEES AND CHARGES.
If the conditions of this escrow are not promptly fulfilled by the parlies, or if you render any service not provided in these instructions, or if the parties reguest a substantial modification of its terms; or if any controversy arises, or if you are made a party to, or intervene in or are required to participate in any mediation, arbitration or litigation, including an interpleader action, pertaining to this escrow or its subject matter, prior to, during, or after the Close ofEscrow, you shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses incurred by you, including any legal fees or costs incurred whether litigation is filed or not, and costs and expenses occasioned by the default, delay, controversy, mediation, arbitration or litigation.
33. Conflictinq Demands/Instructions & Interpleader Actions: If conflicting demands are made upon you or notice given of any controversy or legal action between the parties or third person(s) in connection with this escrow, you shall not be required to determine or resolve conflicting demands or claims or take any action, but shall have the absolute right to stop and withhold all further proceedings in tbe performance of this escrow without liability, until any such conflicting demands or claims have been determined, resolved, or eliminated by mutual written agreement of the parties, a valid amendment or suppiement to your escrow instructions, or a final order or judgment of a court of comperent jurisdiction in form satisfactory to you is deposited into escrow. You may also, at your sole discretion, file an action in interpleader or declaratory relief, and are instructed and authorized to deposit any documents or funds which are the subject of conflicting demands or claims rvith the court pursuant to any zuch action, less your escrow fees, costs, and attomeys fees incurred to date.
34. Resignation: At any time prior to the Close of Escrow, Escrow Holder may, at its sole option, and without liability to the partjes. give written notice to the parties and resign from the escrow, as escrow holder. Escrow Holder shall be entitled to be reasonably compensated for the escrow service performed and reimbursed all costs and expenses incurred up to resignation. The balance of any funds. property or documents shall be retumed to the parties who deposited same or forwarded to a new escrow holder as mutually designated in writing ADD]TTONAL TNSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initiak below represent my sgreetn€nt and acknowledgnent ofthe J'oregoinS- SELLERS INITIALS 4".
BUYERS INITIALS
by the parties.
35. Miscellaneous Conditions:
A. You are authorized to use any standardized, preprinted form in order to comply with these instructions- Escrow Holder is authorized to use its own forms or any usual forms of any title insurance company or title company and may insert dates and terms on the instruments, if incomplete when executed by a parry.
B. Escrow Holder is authorized and instructed by the undersigned &at it may, in its sole discretion, rely and act upon facsimile instructions, e-mail or electronic instructions or signatures including but not limited to escrow instructions, amendments or modifications, demands, lender instructions, pay-off instructions and bills from the parties or third parties, as though they are original instructions signed by the parties or third parties. In doing so, Escrow Holder is released of liability, responsibility and indernnifred for any loss resulting from such reliance. The refusal of any lender involved in this transaction to accept electronically signed records or documents shall not affect this instruction or the validity of any other electronically signed record or document in this transaction.
C. Tbis escrow will be processed in the English language. Should any Principal elect to use a language translator to assist them in understanding the escrow process, or any documentation that is part ofthis escrow, that language translator will be selected and provided by the Principal in need of such assistance. The Escrow Holder will not provide any language translation services. In the event any language translation is provided by Escrow Holder it is rudimentary, solely as a courtesy and may not be relied upon.
Escrow Holder will not be liable or responsible for the correctness ofany ianguage translator's interpretation ofthe escrow process or of any other documentation that is a part of this escrow.
D- In the event any instruction or term in these Escrow Instructions is held invalid by judicial proceeding, tbe remaining shall continue to be operative and enforceable.
36. Final Funds: I/We agree to pay FUNDS REQUIRED TO CLOSE ESCROV/ TIPON DEMAND.
37. Cancellation: Theparties,jointlyandseverally,agreethatifescrowcancels,isterminatedorotherwisenotclosed,thepartiesshallpay you any costs and expenses which you have incurred or have become obligated for in processing this transaction including, but not limited to, courier fees, filing fees, attorn€ys' fees and costs, third-party vendor fees for services performed for this escrow, and an escrorilr cancellation fee for services rendered in an amount offive hundred dollars ($500.00) or up to the full amount ofthe escrow fee depending on the status of the escrow at "cancellation." The parties agree that srch costs, expenses and fees shall be paid from funds already on deposit or deposited in escrow before any cancellation or other termination ofthis escrow is effective. The parties agree that said charges for expenses, costs and fees may be apportioned between Buyer and Seller in a mann€r which, in Escrow Holder's sole discretion, it considers equitable and Escrow Holder's decision will be binding and conclusive upon the parties. Except as provided in the Purchase Agreement, upon receip of mutual cancellation instructions, a final order or judgment of a court of competent jurisdiction with accompanying writs of execution, levies or garnishments in form satisfactory to Escrow Holder, you are instructed to disburse the escrow firnds and instruments in accordance with such cancellation instruction, order, judgment or accompanying writ; and the subject escrow shall, without further notice be considered terminated and cancelled. IN THE EVENT A|ry PARTY REQUESTS
CANCELLATION OF THIS ESCROW AT ANY TIME ALL SUCH PARTIES ARE AWARE THAT THIS ESCROW WILL NOT BE
CONSIDERED CANCELLED AND NO FLNDS WILL BE DISBURSED UVTIL ESCROW HOLDER HAS RECEIVED
CANCELLATION INSTRUCTIONS SIGNED BY ALL PARTIES OR COURT ORDER IN FORM SATISFACTORY TO ESCROW HOLDER.
38. No Activitv Cancellation: The parties to the transaction agree that if no additional instructions are received from one or both of the parties in this transaction within one hundred twenty (120) days from the date escrow is to close, or any written extension thereof, the Escrow Holder shall at its option consider the escrou, cancelled and is authorized to take a cancellation fee in the amount offive hundred dollars ($500.00) or up to the full amount of the escrow fee, based on Escrow Holder's determination of services performed. Any remaining deposits, documents or other items held by Escrow Holder may be disbursed to the depositors or parties specified in the instructions. Nothing herein restricts the ability of the Escrow Holder to file an interpleader action in the event of a dispute over the proper distribution of funds deposited with escrow.
Seller(s) Irti,;u1. (5) I _ Buyer(s) Initials
-
l-
39. Ilold Open Fee: Unless otherwise instructed in r.vriting and in addition to other fees and costs Escrow Holder may receive, if this escrow does not close or cancel for any reason, 60 days after the original designated closing date, Escrow Holder is authorized and hereby instructed to withdraw from any funds on deposit in escrow, each month and pay to itself a holding fee of $75.00 for each calendar month or fraction thereof, that undistributed funds or documents are retained in escrow. Further, Escrorv Holder is irrevocably instructed that this escrow transaction will automatically cancel when all funds on deposit are disbursed.
Seller(s) lnitiak Q I Buyeds) tnitials _ /_
ADDITIONAL I:{STRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initiols below represeil rn-v ogreenent and acknowledgment oftheforegoing. a
SELLERS INITIALS (2)
Page IA
BUYERS INIT]ALS
C Central Escrorv Group, Inc,
6b"4rel4,
By: GUo Pn?c LVo, Manager
Date: Septemb er 12, 2025
Escrow No.: CEGI f 2576-BW
THE IJNI}ERSIGNEDMREBYACIOIOWLEDGE THEYHAVE RECEIVED AND READ TIIESEADDITIONAL ESCROW INSTRUCTIONS AND GENERALPROVISIONS AND APPROVE,ACCEPTAND AGREE TO BE BOI]NDEEREBY.
BTTYER(S):
CITY OF MONTEREY PARIq A GENERAL
LAW CITY AI{D MT]MCIPAL CORPORATION
APPROVED AS TO FORM:
By: KARL H. BERGER, City Attorney
By: INEZ ALVAREZ, Manager
SELLER(S):
JRLLLC
- - EIID OF INSTRUCTIONS ..
Page lI
CENTRAL ESCROW GROUP, INC.
515 West Garvey Avenue, Suite 118, Monterey Park, CA 9L754 Office (626) 280-1700 Fax 1626128O-t7L7
AMENDED ESCROW INSTRUCTIONS
Date
CITY OF MONTEREY PARK, A GENERAL
LAW CITY AND MUNICIPAL CORPORATION
By: INEZ ALVAREZ, Manager
November 24,2025
810 Monterey Pass Road, Monterey Parko CA 91754
Escrow No. CEG112576-BW
Re
To: Central Escrow Group, Inc. - Beatrice Wang
My previous instructions in the above numbered escrow are hereby modified - supplemented in the following particulars only.
1. Escrow Holder is hereby authorized and instructed to debit from funds due Seller in the amount of $150,000.00 and credit the same to Buyer at close of escrow. Purchase price is hereby amended to be: $5,250,000.00.
2. ALL CASH TRANSACTION.
3. The closing of escrow is hereby amended to bez 1211912025.
4. Escrow Holder is hereby authorized and instructed to payoff all existing liens of record for subject property at the close of escrow
5. Parties are aware that any and all contingencies and/or agreements have been approved or waived by the Borrower and Escrow Holder is hereby authorized and instructed to close escrow upon receipt of the balance of funds from the Borrower, cashierts check or wire transfer.
Buyer and Seller agree to indemnify, defend and hold Escrow Holder, its employees and officer of the corporation, real estate agents and/or brokers harmless from any liability or loss in connection with this instruction.
All other terms and conditions of this escrow shall remain the same. All parties signing this instruction acknowledge receipt of a copy of same.
END OF AMENDMENT
SELLER
JRL LLC
By: GUO PING LUO, Manager
BUYER
APPROVED AS TO FORM:
By: KARL H. BERGER, City Attorney
CENTRAL ESCROW GROUP, INC.
515 West Garvey Avenue, Suite 118, Monterey Park, CA 9L754 office 16261 28O-t700 Fax (5261 28o-I7L7
BTIYEWB ORROWER STATEMENT
Estimated
FileNo.: CEG112576-BW PrintedDate/Time: 1112412025-11:29:01AM Officer/Escrow Officer: Beatrice Wang Page I of 1
Closing Date: 1211912025
DisbursementDate: 1211912025
Buyer/Borrower: CITY OF MONTEREY PARK, A GENERAL LAW CITY AND MUNICIPAL CORPORATION Seller: JRL LLC
Property: 8 10 Monterey Pass Road, Monterey Park, CA 917 54 5,255,256.50
15.00 4.500.00
150.00
6s.00
350.00
5,255,256.50
s.250.000.00
62.50 75.00
I 1.50
27.50 TOTAL CONSIDERATION
Earnest I 000.00
TITLE CHARGES
Sub Escrow Fee: California Title
Deed Fee: Clerk
Service: California Title
California Title
Wire Fee: California Title
ESCROW CHARGES TO: Central Escrow Inc.
Settlement Fee
Document Fee
Fee
ADDITIONAL DISBURSEMENTS:
Refundable Cushion: Held Central Escrow Inc
SUBTOTALS 162,000.00
DUE FROM BUYER/BORROWER 5 093 .50
TOTALS 6.s0
CITY OF MONTEREY PARK, A GENERAL LAW CITY
AND MLINICIPAL CORPORATION
INEZ ALVAREZ,Manager
THIS IS A SUMMARY OF THE ESTIMATED CLOSING TRANSACTION PREPARED BY CENTRAL ESCROW GROUP, INC. THIS IS NOT AN OFFICIAL GOVERNMENTAL DISCLOSURE.
Staff Report
December 3, 2025
ATTACHMENT 2
Photos of Existing Fire Station 63
Staff Report
December 3, 2025
Staff Report
December 3, 2025
Staff Report
December 3, 2025
Staff Report
December 3, 2025
Staff Report
December 3, 2025
Staff Report
December 3, 2025
ATTACHMENT 3
Aerial Image of Site
Monterey Pass Rd
Monterey Pass Rd
S
LonghillW
ay
Ridgecrest St
Ridgecrest St
Monterey Pass Rd
Ridgecrest St
W Longhill Dr
James Kulbacki
[email protected]
Los Angeles County Assessor
Mapping & GIS Services
500 W Temple Street Los Angeles, CA 90012, Microsoft, Vantor, Sources:
Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community
810
Monterey Pass
Rd
Zone: Office Professional (O-P)
Land Use: Innovation/Technology
Backed against R-1 Low Density Residential
Site: 810 Monterey Pass Road
APN: 5252-003-043 ¯
0 150 30075
Feet
City Council Staff Report
Date: December 3, 2025
Agenda Item Number: 9.D.
To: The Honorable Mayor and City Council
From: Shawn Igoe, Public Works Director
Subject: Award of Contract to Calgon Carbon for Carbon Media Changeout to maintain compliance with State Water Resources Control Board Division of Drinking Water requirements
Recommendation:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a three-year Maintenance Agreement with Calgon Carbon Corporation, in a form approved by the City Attorney, for Carbon Media Changeout for a total not-to-exceed amount of $2M; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
The City’s advanced ultraviolet light/advanced oxidation (“UV/AOP”) treatment system relies on granular activated carbon (“GAC”) to ensure the effective removal of contaminants from groundwater wells and to maintain compliance with State Water Resources Control Board Division of Drinking Water requirements. Regular replacement of this carbon media is essential to safeguarding water quality and maintaining uninterrupted operation of the Centralized Groundwater Treatment System (“CGTS”) and several critical production wells.
The Public Works Director (“Director”) is requesting approval of a three-year agreement with Calgon Carbon Corporation, the leading provider of F400, which is essential for the controlled quenching and decomposition of hydrogen peroxide following UV/AOP treatment, preventing oxidant breakthrough and protecting downstream infrastructure, and F300 carbon products required by our permits and treatment specifications.
This contract provides operational stability and cost control, helping the City proactively manage Per- and Polyfluoroalkyl substances (“PFAS”) related treatment needs while ensuring continued delivery of safe, high-quality drinking water to the community.
Background:
The City utilizes specialized GAC to meet drinking water standards and remove key PFAS
contaminants—specifically PFOA, PFOS, PFHxS, and PFHxA—as well as to support required hydrogen peroxide quenching in the UV/AOP treatment process.
Calgon Carbon supplies the proprietary F400 GAC required for the CGTS under the DDW permit and the F300 GAC used at Wells 1, 3, 10, and Fern. Its media has consistently provided the performance needed for both PFAS removal and stable UV/AOP operation.
Calgon remains the only vendor able to provide the approved products necessary for uninterrupted regulatory compliance and system reliability. Calgon Carbon remains the only qualified provider capable of supplying the specific grades of granular activated carbon— Filtrasorb F400 for the CGTS and F300 for Wells 1, 3, 10, and Fern—that meet the City’s DDW mandated performance criteria. F400, in particular, is a proprietary high activity carbon with validated adsorption kinetics for multiple PFAS constituents, including PFOA, PFOS, PFHxS, and PFHxA, as demonstrated through both Calgon’s certification data and the City’s operational sampling. Additionally, F400 provides the required stoichiometric quenching of hydrogen peroxide residuals following the UV/AOP advanced oxidation process. This function is not optional—it is specifically required to:
• Prevent oxidant breakthrough into downstream treatment units; • Maintain AOP permit compliance;
• Protect pipelines, appurtenances, and distribution system integrity; and • Ensure treated water meets DDW’s finished water quality targets.
No other vendor currently offers a carbon media with the verified dual function performance profile (PFAS adsorption + hydrogen peroxide quenching) approved by DDW for the City’s treatment process. Use of alternative products would require costly and time intensive pilot studies, DDW review, and potential permit modifications, risking regulatory delays and service interruptions. Thus, it is recommended that City Council approve an agreement with Calgon pursuant to MPMC 3.20.050(2) as Calgon is the only qualified provider capable of supplying the specific F300 GAC required by the City’s permit.
Refined Technical Justification for PFAS Removal Filtrasorb F400 has been demonstrated to provide superior adsorption capacity and breakthrough resistance for a range of regulated and soon to be regulated PFAS compounds, including:
• PFOA (Perfluorooctanoic acid),
• PFOS (Perfluorooctane sulfonic acid),
• PFHxS (Perfluorohexane sulfonic acid), and
• PFHxA (Perfluorohexanoic acid).
These PFAS constituents are known to exhibit varied chain length behaviors, diffusion rates, and adsorption characteristics. F400’s pore structure distribution, micro porosity, and surface chemistry have been shown to optimize adsorption for both long chain PFAS (such as PFOS and PFOA) and shorter chain variants (such as PFHxS and PFHxA), which are typically more difficult to remove.
This performance is essential for:
• Maintaining compliance with current State Response Levels (RLs) and Notification Levels (NLs);
• Preparing the City for forthcoming federal MCLs and DDW adoption thresholds; • Achieving WQA validated reimbursement standards; and • Supporting the City’s long term PFAS management strategy.
These factors further reinforce Calgon Carbon as the sole practical and technically feasible provider for the City’s treatment needs.
Strategic Plan Goal:
The award of contract to Calgon Carbon Corporation meets the City's goal to maintain the City's water treatment system to support the needs of the community.
Fiscal Impact:
The FY 2026 budget includes sufficient funding for GAC replacement activities. Project costs are supported by the Water Treatment Fund (402) and are reimbursable through the agreement Water Quality Authority (WQA).
Attachments:
None
City Council Staff Report
Date: December 3, 2025
Agenda Item Number: 9.E.
To: The Honorable Mayor and City Council
From: Shawn Igoe, Public Works Director
Subject: Approval of First Amendment to Agreement 2353-AA with United Storm Water, Inc. for catch basin inspection and maintenance services
Recommendation:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a First Amendment to Agreement 2353-AA with United Storm Water, Inc., in a form approved by the City Attorney, for an additional amount of $76,241 for continued catch basin inspection and maintenance services through June 30, 2027; and
2. Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The Project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The Project is not anticipated to have any significant impacts regarding noise, air quality, or water quality.
Executive Summary:
The City contracts with United Storm Water, Inc. for routine inspections and cleaning of City- owned and county-owned retrofit device and catch basins per the County of Los Angeles Maintenance Standards. The Agreement 2353-AA with United Storm Water, Inc., expires on February 7, 2026. The Public Works Director (“Director”) recommends the City exercise its option to renew the agreement for one additional year and extending services through June 30, 2027, to align with the fiscal year. The proposed amendment allows for the continued maintenance of retrofit devices and catch basins located within the City.
Background:
Inspecting and maintaining catch basins prevents localized flooding by keeping drainage systems clear, reduces water pollution by capturing debris and contaminants, and protects infrastructure. The County of Los Angeles requires one catch basin and retrofit device inspection during the dry season (May- September) and 6 inspections, one per month, during Storm Season (October- March). Retrofit devices are cleaned as needed.
The City currently contracts with United Storm Water, Inc. for maintenance services as required by the county for both County-owned and City-owned catch basins. United Storm Water’s maintenance services include inspection, and cleaning as needed, before storm events to avoid flooding along City roads. Proper maintenance also helps reduce trash and debris entering the City storm drain system which is required pursuant to the City’s National Pollutant Discharge Elimination System (“NPDES”) MS4 permit. Amending the current agreement provides the best value in price and qualification to the City as United Storm Water has fully inventoried and inspected the City’s catch basin system through a previous public works project.
The Director recommends an amendment to the current contract with United Storm Water, Inc., for an additional amount of $76,241, for a total contract amount of $136,241, for continued inspection and maintenance services for catch basins and retrofit devices located within the City.
Strategic Plan Goal:
The proposed amendment supports the City’s strategic plan goal of maintaining, building, and modernizing infrastructure and facilities to support the current and future needs of our City and community. Well-functioning storm drains keep streets and sidewalks clear of standing water, protecting infrastructure and the environment.
Fiscal Impact:
Funds for the inspection and maintenance of catch basins and retrofit devices were budgeted through the annual budget process for FY 2025-26 with the use of Measure W funds.
Attachments:
None
City Council Staff Report
Date: December 3, 2025
Agenda Item Number: 9.F.
To: The Honorable Mayor and City Council
From: Shawn Igoe, Public Works Director
Subject: Receive and file a summary of the Windstorm and Firestorm Local Emergency
Recommendation:
It is recommended that the City Council consider:
1. Receiving and filing this staff report summarizing the results of the windstorm and firestorm local emergency; and
2. Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the extension under 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”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. This activity reflects administrative changes and policy making. Accordingly, this activity is exempt from further review.
Executive Summary:
On January 21, 2025, the City Council adopted Resolution No. 2025-R3 declaring a local emergency due to windstorm and firestorm events beginning on January 7, 2025, as reflected in the Governor’s Executive Order dated January 12, 2025. The City Council adopted a Resolution 2025-R91, at its October 15, 2025 meeting, terminating the local emergency. Staff recommends receiving and filing this staff report summarizing the results of the windstorm and firestorm local emergency.
Background:
At its January 21, 2025, meeting, the City Council authorized the City Manager to take necessary measures to protect public health, safety, and general welfare including urgency abatement and direct negotiation of contracts pursuant to Public Contract Code §§ 20168 and 22050 and the Monterey Park Municipal Code (“MPMC”) for the immediate completion of various projects including, without limitation, those listed on the capital improvement plan
(“CIP”). While the conditions resulting from the declared emergency remain (and, indeed, additional factors such as the 2028 Olympics and federal immigration enforcement are contributing to cost increases and labor shortages), the City Manager and Public Works Director determined that it may be in the public interest to terminate the emergency.
Consequently, the City Council adopted a Resolution 2025-R91, at its October 15, 2025 meeting, terminating the local emergency.
Under the local emergency, the City took immediate action to secure contracts for various construction projects and ensure protection of public health, safety, and general welfare. This report serves as a summary of contracts for more than 20 projects that were executed pursuant to Resolution No. 2025-R3. It is estimated that the City saved approximately $500,000 in costs by rapidly securing these contracts during the declared emergency.
CIP
No.
Project Contractor Contract
Amount
96054 2024-25 Concrete
Improvement Project
CT&T Concrete
Paving, Inc.
$230,957
96049 2024-25 Street Overlay
at Various Locations
Onyx Paving
Company, Inc.
$4,146,240
95042 Underground Storage
Tank Removal &
Replacement
Tank Specialties,
Inc. dba Tank
Specialists of
California
$98,200
96052 Garvey Capacity
Improvements Project
Mark Thomas $1,348,896
95061 Sidewalk Assessment &
Repairs
Nichols Consulting
Engineers, CHTD.
dba NCE
Southern
California
Precision
Concrete, Inc. dba
Precision
Concrete Cutting
$53,900
$150,000
95038 Bruggemeyer Library
Generator
Pacific Power
Engineering
Technology, Inc
$281,300
99011 Emerson Ave Sewer
Improvements
GRBCON Inc. $647,141
99024 Water Meter
Replacements
Ferguson
Waterworks
$9,062,978
96001 Garvey Ave. Sewer
Improvements
GRBCON, Inc. $1,687,447
E0001 Council Chambers &
Restroom Remodeling
BOA Architecture $139,000
95057 Barnes Park
Gymnasium Painting
U.S National
Corp. dba
$124,950
Jimenez Painting
Company
95059 Library Carpet
Replacement
Dura Flooring $365,954
95056 Elder Gym & Langley
Office Flooring
JJJ Flooring, Inc. $46,853
96057 Atlantic and Emerson
Overlay
Onyx Paving
Company, Inc.
$898,000
95064 Barnes Park Aquatic
Center
Dahlin Group, Inc. $41,000
95054 Epoxy Cascades
Project
CT&T Concrete,
Inc.
$15,850
96058 Concrete Improvements Onyx Paving
Company, Inc.
$309,000
95038 Library Painting U.S National
Corp. dba
Jimenez Painting
Company
$232,850
95055 Courts Resurfacing TrueLine
Construction &
Surfacing, Inc.
$296,213
95066 George Elder Pool
Improvements
Sebastian
Waterworks, Inc.,
DBA Mr. Rooter
Plumbing of South
San Gabriel
$129,000
95063 City Fuel Pump
Improvements
Tank Specialists,
Inc.
$86,800
Strategic Plan Goal:
The proposed actions meets the City’s goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of our City and community.
Fiscal Impact:
The costs for awarded contracts are budgeted within the City’s FY 25-26 CIP.
Attachments:
None
City Council Staff Report
Date: December 3, 2025
Agenda Item Number: 9.G.
To: The Honorable Mayor and City Council
From: Diana Garcia, Assistant City Manager
Subject: Universal Human Rights Month Resolution (As Requested by Council Member Sanchez)
Recommendation:
It is recommended that the City Council consider:
1. Approving the attached resolution; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
The attached resolution is being brought forth to the Council for consideration at the request of Council Member Sanchez.
Background:
N/A
Strategic Plan Goal:
N/A
Fiscal Impact:
There is no expected fiscal impact associated with adopting this resolution.
Attachments:
1. Universal Human Rights Month Resolution
Staff Report
December 3, 2025
ATTACHMENT 1
Universal Human Rights Resolution
Resolution No.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING THE MONTH OF DECEMBER 2025
AS UNIVERSAL HUMAN RIGHTS MONTH
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. The Declaration was adopted by the United Nations General Assembly in Paris on December 10, 1948, during its 183rd plenary meeting.
B. For 77 years, the core ambition of the Declaration has been to infuse societies with equality, fundamental freedoms, and justice. It enshrines the rights of all human beings and is a global blueprint for international, national, and local laws and policies.
C. On Human Rights Day, December 10, 2025, we will celebrate the 77 th anniversary of the Declaration. Human Rights Day seeks to increase knowledge on the universality and indivisibility of human rights, especially among young people. It will inspire people to create a movement of shared humanity while empowering them to fight for their rights and act.
D. The UDHR gives us tools and the roadmap to unite and speed up the fight for our rights. We celebrate the 77th anniversary of the UDHR with the theme, “Our Everyday Essentials”, which aims to show how human rights like food, water and education are part of daily life.
E. The primary responsibility to promote respect for these rights and freedoms lies with each individual in the City of Monterey Park, and each of us can play a significant role in enhancing human rights.
F. The City Council of the City of Monterey Park, in recognition of Human Rights Day on December 10, 2025, joins national and local officials in proclaiming December 2025 as Universal Human Rights Month and encourages citizens in our community to observe this month by celebrating thoughtful measures and laws undertaken to secure effective recognition and observance of these rights and freedoms, and by each person exercising his rights and freedom.
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.
Resolution No.
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 3rd day of December, 2025.
________________________________
Elizabeth Yang, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
City Council Staff Report
Date: December 3, 2025
Agenda Item Number: 10.A.
To: The Honorable Mayor and City Council
From: Timothy Hou, Director of Community Development
Jason Hing, Fire Chief
Subject: Consideration and possible action to conduct a public hearing to read by title only, waive further reading, and adopt an Ordinance amending Titles 16 and 17 of the Monterey Park Municipal Code by adopting the 2025 Edition of The California Building Standards Code and the Monterey Park Amendments to the California Building Standards Code
Recommendation:
It is recommended that the City Council consider:
1. Opening a public hearing and taking testimonial and documentary evidence; and
2. After considering the evidence, reading by title only, waiving further reading, and adopting the proposed Ordinance; and
3. Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the proposed Ordinance affects commercial development or businesses and is not subject to further review under CEQA for the following reasons: (1) the Ordinance is an action being taken for enhanced environmental protection (14 Cal. Code Regs. § 15308); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)).
Executive Summary:
The Ordinance was introduced and received first reading at the November 5, 2025 City Council meeting. Government Code § 50022.3 requires the City Council to conduct a public hearing before conducting a second reading and approving the Ordinance (Attachment 1) because it will adopt, by reference, the 2025 California Building Standards Code, as set forth in Title 24 of the California Code of Regulations. The original staff report from November 5, 2025 is attached for reference (Attachment 2).
A second reading and adoption of this Ordinance is recommended. If approved, the Ordinance would become effective 30 days following its adoption. The 2025 California Building Standards
Codes will take effect on January 1, 2026. The new codes apply to building permit applications submitted on or after that date. Based upon the draft ordinance, permit applications submitted on or before December 31, 2025, remain subject to the current 2022 codes for as long as the application stays active.
Every three years, California adopts updated building standards codified in Title 24 of the California Code of Regulations. The draft ordinance (Attachment 1) incorporates the 2025 codes by reference and includes limited local amendments based on documented climatic, geological, and topographic conditions and administrative needs. This cycle primarily clarifies existing requirements and updates numbering, with targeted fire and life safety provisions. The staff report also explains how the ordinance complies with AB 130 by limiting local changes that are applicable to residential units to the narrow exceptions allowed by state law, and by treating other changes as administrative or fire authority supported.
Type Of Action: (Legislative)
The recommended action is to amend Monterey Park Municipal Code (MPMC) Titles 16 and 17 by adopting the 2025 Edition of the California Building Standards Code (CBSC). In considering such action, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases). For the proposed amendments, the City Council must find that they are reasonably necessary because of local climatic, geological or topographical conditions (Health and Safety Code § 17958.7). These findings, and the facts upon which they rely, are included within the draft Ordinance (Attachment 1). Accordingly, a Notice of Exemption has been prepared for the proposed ordinance (Attachment 2).
Background:
The California Building Standards Commission is authorized by Health and Safety Code §§ 18901 through 18949.31 to administer the processes governing the adoption, approval, publication, and implementation of California’s uniform codes every three years.
California law does allow each local jurisdiction to make limited amendments to the CBSC to govern unique issues within that jurisdiction. For example, coastal cities may make changes to address coastal erosion. In Monterey Park, the primary issues are fire-prone open and inhabited areas, combined with steep topography and seasonal high winds. Additionally, like virtually every other jurisdiction in California, the City must be prepared for earthquake activity.
To address these local challenges, the proposed Ordinance makes local amendments to the CBSC.
Local amendments are not effective or operative until the amendment documents meeting the requirements have been filed with CBSC. As stated in the Ordinance, the City Clerk will send a certified copy of the Ordinance to the California Building Standards Commission.
Since the City is incorporating the CBSC into the Monterey Park Municipal Code (“MPMC”) by reference (with local amendments), Government Code § 50022.3 requires that the City Council conduct a public hearing before adopting the Ordinance. Accordingly, if the Ordinance is introduced, a public hearing would be scheduled for the December 3, 2025 City Council meeting.
Assembly Bill 130 (2025) (“AB 130”), among other things, amended Health and Safety Code §17958 by prohibiting modifications to building standards affecting residential units between
October 1, 2025, and June 1, 2031, unless certain conditions exist, including a finding that the local amendments are “substantially equivalent” to prior provisions. The local amendments incorporated into the draft ordinance are substantially equivalent to existing regulations as adopted under the 2022 uniform codes. Proposed changes to existing regulations are primarily administrative.
The 2025 California Building Standards Codes will take effect on January 2, 2026. The new codes apply to building permit applications submitted on or after that date. Based upon the draft ordinance, permit applications submitted on or before December 31, 2025, remain subject to the current 2022 codes for as long as the application stays active.
Strategic Plan Goal:
N/A
Fiscal Impact:
There are no identifiable fiscal impacts associated with adopting the Ordinance and Resolution (other than administrative costs associated with codifying the Ordinance).
Attachments:
1. Ordinance and Exhibit A- Findings- Local Amendments to the 2025 California Building Standards Code
2. Staff Report dated November 5, 2025 (without attachments)
3. Notice of Exemption
ATTACHMENT 1
Ordinance and Exhibit “A” – Findings – Local
Amendments to the 2025 California Building
Standards Code
ORDINANCE NO. ____
AN ORDINANCE ADOPTING THE 2025 EDITIONS OF THE CALIFORNIA
BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE
CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA MECHANICAL
CODE, THE CALIFORNIA PLUMBING CODE, THE CALIFORNIA ENERGY
CODE, CALIFORNIA WILDLAND- URBAN INTERFACE CODE THE
CALIFORNIA HISTORICAL CODE, THE CALIFORNIA FIRE CODE, THE
CALIFORNIA EXISTING BUILDING CODE, THE CALIFORNIA GREEN
BUILDING STANDARDS CODE, THE CALIFORNIA REFERENCED
STANDARDS CODE, THE CALIFORNIA BUILDING STANDARDS
ADMINISTRATIVE CODE, MAKING CERTAIN AMENDMENTS BASED
UPON LOCAL CONDITIONS; AND AMENDING THE MONTEREY PARK
MUNICIPAL CODE TO REFLECT SUCH CHANGES.
The City Council for the City of Monterey Park does ordain as follows:
SECTION 1: Findings. The City Council finds as follows:
A. The City may adopt model codes by reference pursuant to Government Code §§ 50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes that are set forth in Health and Safety Code § 17922 and published in the California Code of Regulations.
C. In accordance with Health and Safety Code § 17958.7, it is in the public interest to adopt the most recent codes published by the California Building Standards Commission.
D. Notice of public hearing to consider this Ordinance was duly published and posted pursuant to Government Code §§ 6066 and 50022.3 on November 6 and December 3, 2025.
E. Pursuant to Government Code § 50022. 6, at least one copy of all codes adopted by reference were filed with the City Clerk and available for public inspection at least 15 days before the public hearing.
F. Pursuant to Government Code § 50022.9, the City Council intends to adopt by reference, with local amendments, the following 2025 codes in their entirety as if set forth in full herein:
1. The California Building Code, 2025 Edition - Vol. I & II as published in Title 24, Part 2 of the California Code of Regulations;
2. The California Residential Code, 2025 Edition, as published in Title 24, Part 2.5 of the California Code of Regulations;
3. The California Electrical Code, 2025 Edition, as published in Title 24, Part 3 of the California Code of Regulations;
4. The California Mechanical Code, 2025 Edition, as published in Title 24, Part 4 of the California Code of Regulations;
5. The California Plumbing Code, 2025 Edition, as published in Title 24, Part 5 of the California Code of Regulations;
6. The California Energy Code, 2025 Edition, as published in Title 24, Part 6 of the California Code of Regulations;
7. The California Wildland- Urban Interface Code, 2025 Edition, as published in Title 24, Part 7 of the California Code of Regulations;
8. The California Historical Building Code, 2025 Edition, as published in Title 24, Part 8 of the California Code of Regulations;
9. The California Fire Code, 2025 Edition, as published in Title 24, Part 9 of the California Code of Regulations;
10. The California Existing Building Code, 2025 Edition, as published in Title 24, Part 10 of the California Code of Regulations;
11. The California Green Building Standards Code, 2025 Edition, as published in Title 24, Part 11 of the California Code of Regulations;
12. The California Referenced Standards Code, 2025 Edition, as published at Title 24, Part 12, of the California Code of Regulations;
SECTION 2: In accordance with Health and Safety Code § 17958.7, the City Council finds that there are local climatic, geographic, and topographic conditions justifying the various local amendments to the California Building Standards Code as set forth in attached Exhibit “A,” which is adopted by the City Council and incorporated by reference.
SECTION 3: Monterey Park Municipal Code (“MPMC”) § 16.01.010 is amended to read as follows:
“16.01.010 Adoption of specific codes—Copies on file.
(a) Except as otherwise provided in this chapter, the following codes are adopted by reference:
1. The California Building Code, 2025 Edition - Vol. I & II as published in Title 24, Part 2 of the California Code of Regulations;
2. The California Residential Code, 2025 Edition, as published in Title 24, Part 2.5 of the California Code of Regulations;
3. The California Electrical Code, 2025 Edition, as published in Title 24, Part 3 of the California Code of Regulations;
4. The California Mechanical Code, 2025 Edition, as published in Title 24, Part 4 of the California Code of Regulations;
5. The California Plumbing Code, 2025 Edition, as published in Title 24, Part 5 of the California Code of Regulations;
6. The California Energy Code, 2025 Edition, as published in Title 24, Part 6 of the California Code of Regulations;
7. The California Wildland-Urban Interface Code, 2025 Edition, as published in Title 24, Part 7 of the California Code of Regulations;
8. The California Historical Building Code, 2025 Edition, as published in Title 24, Part 8 of the California Code of Regulations;
9. The California Existing Building Code, 2025 Edition, as published in Title 24, Part 10 of the California Code of Regulations;
10. The California Green Building Standards Code, 2025 Edition, as published in Title 24, Part 11 of the California Code of Regulations;
11. The California Referenced Standards Code, 2025 Edition, as published at Title 24, Part 12, of the California Code of Regulations;
(b) In accordance with Health and Safety Code Section 18942, one copy of the above-referenced codes will remain on file in the office of the city clerk.”
SECTION 4: Chapter 16.05 of the MPMC is amended in its entirety to read as follows:
“Chapter 16.05 BUILDING CODE
16.05.010 Building Code adopted by reference.
Pursuant to Government Code § 50022.9, the city council incorporates by reference Chapter 1, Division I and Chapter 2 through Chapter 35 and Appendices C, F, H, I, J and O of the California Building Code, 2025 Edition, as published in Title 24, Parts 2, Volumes 1 and 2 of the California Code of Regulations.
16.05.020 Building Code Amended
Chapter 9 and 15 of the California Building Code, 2025 Edition are amended, deleted or added as follows:
a. Chapter 9 of the Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by Monterey Park Municipal Code Title 17 Fire Code.
b. Table 1505.1 amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATIONS
TYPES OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A A A A
c. Section 1505.1.2 is amended to read as follows:
1505.1.2 Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI). The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, will be a fire-retardant roof covering that is at least Class A.
SECTION 5: Chapter 16.06 of the MPMC is amended in its entirety to read as follows:
“Chapter 16.06 RESIDENTIAL CODE
16.06.010 Residential Code adopted by reference.
Pursuant to Government Code § 50022.9, the City Council adopts and incorporates by reference chapters 2 through 10, chapter 44 and appendices AH, AJ, AQ,and AS of the California Residential Building Code, 2025 Edition, as published in Title 24, Part 2.5 of the California Code of Regulations.
16.06.020 Residential Code Amended
Chapter 3 of the California Residential Code, 2025 Edition is amended, deleted or added as follows:
a. Section 301.1.3.2 is amended to read as follows;
R301.1.3.2 Wood Frame Structures. Pursuant to Business and Profession Code §§ 5537 and 6737.1, construction documents must be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C and more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E.
b. Section R309 of the Residential Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by Monterey Park Municipal Code Title 17 Fire Code.”
SECTION 6: Section 16.07.010 of Chapter 16.07 of the MPMC is amended in its entirety to read as follows:
“16.07.010 Electrical Code adopted by reference.
Pursuant to Government Code Section 50022.9, the city council adopts and incorporates by reference the California Electrical Code and Annexes A, B, C, D, E, F, G, H, I and J, 2025 Edition, as published in Title 24, Part 3 of the California Code of Regulations.”
SECTION 7: MPMC § 16.08.010 is amended to read as follows:
“16.08.010 Mechanical Code adopted by reference.
Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Mechanical Code, 2025 Edition, as published in Title 24, Part 4 of the California Code of Regulations.”
SECTION 8: MPMC § 16.09.010 is amended to read as follows:
“16.09.010 Plumbing Code adopted by reference.
Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Plumbing Code, 2025 Edition, as published in Title 24, Part 5 of the California Code of Regulations.”
SECTION 9: MPMC § 16.10.010 is amended to read as follows:
“16.10.010 Energy Code adopted by reference.
Pursuant to Government Code Section 50022.9, the city council adopts and incorporates by reference the California Energy Code, 2025 Edition, as published in Title 24, Part 6 of the California Code of Regulations.”
SECTION 10: MPMC § 16.11.010 is amended to read as follows:
“16.11.010 Historical Building Code adopted by reference.
Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Historical Building Code, 2025 Edition, as published in Title 24, Part 8 of the California Code of Regulations.”
SECTION 11: MPMC § 16.12.010 is amended to read as follows:
“16.12.010 Existing Building Code adopted by reference.
Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Existing Building Code, 2025 Edition, as published in Title 24, Part 10 of the California Code of Regulations.”
SECTION 12: MPMC § 16.13.010 is amended to read as follows:
“16.13.010 Green Building Standards Code adopted by reference.
Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Green Building Standards Code, 2025 Edition, as published in Title 24, Part 11 of the California Code of Regulations.”
SECTION 13: MPMC § 16.14.010 is amended to read as follows:
“16.14.010 Referenced Standards Code adopted by reference.
Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Referenced Standards Code, 2025 Edition, as published in Title 24, Part 12 of the California Code of Regulations.”
SECTION 14: Chapters 17.01 and 17.02 of the MPMC are amended in their entirety to read as follows:
“Chapter 17.01. CALIFORNIA FIRE CODE
17.01.010 Fire Code adopted by reference.
Pursuant to Government Code § 50022.9, the City Council incorporates by reference the California Fire Code, 2025 Edition (“CFC”), as published at Title 24, Part 9, of the California Code of Regulations. The CFC, as adopted by the MPMC, includes Appendices Chapter 4, B, C, D, O and P.”
“Chapter 17.02 LOCAL AMENDMENTS TO CALIFORNIA FIRE CODE
17.02.010 Amendment—Application of Residential Code.
Section 102.5 is amended to read as follows:
102.5 Application of Residential Code. Where structures are designed and constructed in accordance with the International Residential Code, the provisions of this code apply as follows:
1. Construction and design provisions: Provisions of this code pertaining to the exterior of the structure will apply including, without limitation, premises identification, fire apparatus access and water supplies. Provisions of this code pertaining to the interior of the structure when specifically required by this code including, without limitation, Section 903 where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code will also apply.
2. Administrative, operational, and maintenance provisions: All such provisions of this code will apply.
17.02.020 Addition—Police Powers.
Section 103.4 is added to read as follows:
103.4 Police Powers. The fire marshall and deputies have the powers of sworn police officers in performing their duties under this code. When requested to do so by the fire marshall, the chief of police of the jurisdiction is authorized to assign such available police officers as necessary to assist the fire marshall in enforcing the provisions of this code.
17.02.030 (Reserved)
17.02.040 Amendment—Appeals.
Section 112, including its subparts is amended in its entirety to reads as follows:
112 Appeals. Any aggrieved party may appeal any decision of the Fire Chief.
112.2 Written Decision. Any such decision must be in writing and a copy thereof will be served upon the applicant, if any, by mail. Any such decision will be final, unless an appeal will be filed there from, within the time and in the manner prescribed by this section.
112.3 Appeal Procedure. Any person dissatisfied with any such determination or decision of the Fire Chief has the right of appeal via the Administrative Civil Review Process established under the provisions of Section 5.48.220 of this code.
17.02.050 Amendment—Definition added.
Section 202 is amended by adding the following definition:
ALL WEATHER SURFACE. A road surface constructed to the minimum standards approved by the jurisdiction capable of supporting loads of 80,000 pounds.
17.02.060 Amendment—Definitions revised.
Section 202 is amended by revising the following definitions:
“FIRE CODE OFFICIAL” means the Fire Chief or Fire Marshall, or designee, who is authorized by the Fire Chief to administer and enforce the Code.
17.02.070. Amendment—Combustible Waste Material.
Section 304.1.2 is amended to read as follows:
304.1.3 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, must be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in areas deemed a fire hazard by the Fire Chief or Fire Code Official must maintain a defensible space around all buildings and structures as follows:
Ground clearance. The space surrounding every building or structure must be maintained in accordance with the following:
Any person that owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush covered lands, or grass-covered lands, or any land which is covered with flammable material, must at all times do the following:
(1) Maintain around and adjacent to such building or structure a firebreak made by removing and clearing away, for a distance of not less than 30 feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This section does not apply to single specimens of trees, ornamental shrubbery, or similar plants which are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure.
(2) Maintain around and adjacent to any such building or structure additional fire protection or fire-break made by removing all bush, flammable vegetation, or combustible growth which is located from 30 to 100 feet from such building or structure or to the property line, whichever is nearer, as required by the enforcing agency if he finds that, because of extra hazardous conditions, a fire break of only 30 feet around such building or structure is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than 30 feet from such building or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion.
17.02.080 Amendment—Open burning.
Section 307.1 is amended to reads as follows:
307.1 Bonfires, Weed Abatement, Religious Burning, and Outdoor Rubbish Fires.
No person may build, light, maintain, or cause or permit to be built, lighted or maintained, any open or outdoor fire; use, or cause or permit to be used, any fire for clearing land; burn or cause or permit to be burned, any brush, trash, rubbish, stubble, or other flammable or combustible material, unless he complies with the regulations set forth in this section as follows:
1. Applicant must first secure from the Fire Chief, or designee, a written permit for such burning.
2. Such burning must be in accordance with the following:
a. Each recipient of a written permit for burning must follow all rules shown.
Acceptance of a burning permit will constitute an agreement that the holder will be responsible for all damages resulting from burning.
b. Any such fire must be maintained in one small pile or area that can be readily controlled.
c. At least one adult person must be in actual attendance and in charge of such fire at all times during its burning. He/she must have on hand at all such times water, garden hose, shovels, or other fire extinguishing equipment.
d. Such burning will be permitted only at a safe distance from all structures or other combustible material.
e. Burning will be permitted only if there is no appreciable wind.
f. Upon completion of any such burning, all resultant embers must be extinguished and hot ashes must be thoroughly wet down.
3. The Fire Chief may prohibit any or all outdoor fires or burning at any time he/she deems that atmospheric conditions or local circumstances will make such a fire hazardous.
17.02.090 Reserved
17.02.100 Amendment—Automatic sprinkler systems.
Section 903 is amended as follows:
Amend Section 903.1.2 to read as follows:
903.1.2 Partial Automatic Fire Suppression Systems Prohibited.
Whenever an automatic fire suppression system is installed for any portion of any building or structure, an automatic fire suppression system must be installed for the entire building or structure.
Amend Section 903.2 to read as follows:
903.2 Where required. Approved automatic extinguishing systems must be installed:
1. In all new buildings regardless of the type of construction or occupancy.
Exceptions:
A) Detached Group U occupancies, providing the floor area does not exceed 1000 square feet.
B) Unmanned facilities and/or minor buildings and/or occupancies as approved by the Fire Chief.
2. In existing buildings with an occupancy change as required by other sections of the Fire Code.
Amend Section 903.6 as follows:
903.6 Existing Occupancies. An automatic sprinkler system will be installed in existing occupancies as follows:
1. In all commercial and industrial buildings greater than 5000 square feet in area when enlarged by an addition to the existing structure or as required by the Fire Chief.
2. In all commercial and industrial buildings equal to or less than 5000 square feet in area, when enlarged by an addition to the existing structure, exceeds 5000 square feet or as required by the Fire Chief.
3. In all commercial and industrial buildings when an addition to the existing area exceeds fifty percent (50%) within any twelve-month period.
4. In all residential occupancies when an addition to the existing living area exceeds fifty percent (50%) within any twelve-month period.
5. As required by the Fire Code due to a change in occupancy.
6. As required by the Fire Code in Chapter 11.
Amend Section 903.3.1.1 as follows:
903.3.1.1 NFPA 13 sprinkler systems. In other than Group R buildings that are not over two stories in height, automatic sprinkler systems will be designed and installed in accordance with the NFPA 13, as amended in Chapter 80 except as provided in Sections 903.3.1.1.1, 903.3.1.1.2, and 903.3.1.1.3.
Add Section 903.3.1.1.5.to read as follows:
903.3.1.1.5 Riser room location. In structures over three stories in height or served by more than two fire sprinkler risers, a dedicated Fire Sprinkler Riser Room must be provided at an approved location. The riser room must be accessible to emergency personnel from the exterior of the building.
Amend Section 903.3.1.2 as follows:
903.3.1.2. NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including two stories in height, automatic sprinkler systems will be installed throughout in accordance with NFPA 13R, 2025 Edition as amended in Chapter 80.
Add Section 903.3.1.2.4 to read as follows:
903.3.1.2.4 Basement spaces. In residential buildings with automatic sprinkler systems designed and installed in accordance with NFPA 13R, basements used for living or storage purposes must be fully sprinklered with residential type heads.
Add Section 903.3.1.3 to read as follows:
903.3.1.3. NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems will be installed in one- and two-family dwellings will be installed throughout in accordance with NFPA 13D, 2025 Edition as amended in Chapter 80.
Add Section 903.3.1.3.1 to read as follows:
903.3.1.3.1. Detailed requirements. Automatic sprinkler system protection for one and two-family dwellings will be designed and installed in accordance with NFPA 13D, 2025 Edition with the following modifications:
1. A local water flow alarm must be provided for all sprinkler systems.
2. Attics and basements used for storage purposes must be fully sprinklered with residential type heads.
3. Overhead piping must be hydrostatically tested for leakage at 200 psi for two hours and inspected before drywall or insulation installation.
4. A minimum of three spare representative sprinkler heads and installation wrench must be provided at an approved location.
Amend Section 903.3.5 as follows:
903.3.5 Water Supplies. Water supplies for automatic sprinkler systems must comply with this section and the standards referenced in section 903.3.1. The potable water supply must be protected against backflow in accordance with the Health and Safety Code and the Monterey Park Municipal Code. Hydraulic calculations for systems designed per NFPA 13, 13D, or 13R will include a ten percent (10%) reduction from the available supply source.
17.02.110 Addition—Multiple fire alarm and detection systems.
Section 907.1.6 is added to read as follows:
907.1.6 Multiple Fire Alarm Systems. Multiple fire alarm systems within single protected premises must be interconnected and must transmit signals as one system.
17.02.120 Amendment—Emergency Responder Radio Coverage
Section 1103.2 is amended to read as follows:
1103.2 Emergency responder radio coverage in existing buildings. Existing buildings that do not have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building, must be equipp ed with such coverage according to one of the following:
1. Whenever an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with Section 5101, Exception 1.
2. Whenever total additions result in an increase of more than 6,000 square feet in the total floor area, including mezzanines or additional stories, regardless of ownership.
Additions must be cumulative with each application for a building permit from January 1, 2011.
3. Whenever the value of alternations requiring permits exceed $500,000 in valuation.
Alterations values must be cumulative with each application for a building permit from January 1, 2011.
17.02.130 Amendment—Explosive materials.
Sections 5601.2 and 5601.3 are amended to read as follows:
5601.2 The manufacture, possession, storage, sale, transportation and use of explosive materials will be prohibited, unless it is authorized by the State Fire Marshal. This will not apply to hand loading of small arms ammunition for personal use when not for resale.
5601.3 Non explosive materials must be bolts, explosive rivets or cartridges for explosive- actuated power tasks in quantities involving less than 500 pounds.
17.02.140 Addition—Fireworks display.
Sections 5608.1.2 and 5608.1.3 are added to read as follows:
5608.1.2 Permits. It is unlawful for any person to present or conduct any public display of fireworks within the City of Monterey Park without first having obtained a permit there from the Fire Chief or their representative.
5608.1.3 Detailed Requirements. The public display of fireworks within the City of Monterey Park must comply with Section 5608.1 of this Code and all of the following:
1. The Fire Chief is authorized to grant permits for supervised public displays of fireworks. Every such display must be personally supervised by a competent, licensed pyrotechnic operator approved by the Fire Chief. Each such display must
be held at an approved location and must be so discharged or fired as, in the opinion of the Fire Chief after proper investigation, not to be hazardous to property or to endanger any person.
2. Applications for a permit must be made in writing at least ten days before the date of the display. If a permit is issued, the sale, possession, use, and/or distribution of fireworks for such display will be lawful for the permitted activity and time frame only. No permit granted under this code is transferable.
3. The permittee must furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Chief for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, agents, employees, or subcontractors.
4. When required by the Chief, the pyrotechnic operator will employ and provide additional personnel whose sole duty will be the enforcement of crowd control around the display area. Unauthorized persons will not be allowed to enter the discharge site until the site has been inspected and cleared after conclusion of the display by the pyrotechnic operator.
5. The Fire Chief is authorized to require rope barriers, fences, signs or other devices to be installed around the display area to aid in crowd control.
6. The Fire Chief may promulgate rules and regulations consistent with this code as needed to prevent injury to persons and/or property including , without limitation, requiring standby fire personnel or apparatus at the firing site.
7. If the Fire Chief or designee determines that there is a lack of crowd control or that the crowd is in danger, the display may be immediately stopped. If at any time high winds or wet weather creates a danger, the display may be postponed until weather conditions are acceptable to the Fire Chief.
8. The entire firing site must be inspected immediately following a display and before allowing public access for the purpose of locating unexploded aerial shells and/or hazardous debris. Unexploded shells will not be handled within 15 minutes after the time of their firing. Such shells must then be doused thoroughly with water, allowed to stand for at least five minutes, and then be submerged in a full bucket of water.
17.02.150 Addition—Fireworks manufacturing.
Section 5614 is added to read as follows:
SECTION 5614
FIREWORKS MANUFACTURING
5614.1 It is unlawful to manufacture fireworks within the City of Monterey Park.
5614.2 The Fire Chief is authorized to seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks or explosives offered or exposed for sale, or stored or held in violation of this section.
17.02.160 Addition—Sale of fireworks.
Section 5615 is added to read as follows:
SECTION 5615
SALE OF FIREWORKS
5615.1 Sales of Fireworks. The sale of “Safe and Sane” fireworks within the City of Monterey Park city limits will be in accordance with Chapter 5.48 of the Monterey Park Municipal Code, and all of the following:
5615.1.1 It is unlawful for any person to sell, or to cause or permit to be sold, within the city, any fireworks at retail without first securing a permit to do so from the Fire Chief. A separate permit must be obtained for each separate or distinct place of business or stand.
It is unlawful for any permittee not to comply with the conditions of a permit or this code.
Application must be made no earlier than April 1 and no later than May 15 of each calendar year.
5615.1.2 Not more than 20 permits may be issued during any one calendar year. If the number of applications exceed the number of permits to be issued, the permittees, who did not violate any requirements of this chapter during the preceding year, will have first priority for the available permits until April 15, provided each permit tee represents the same participating organization which operated under the permit during the preceding year. If there are any additional permits available, such additional permits will be granted by a drawing supervised the City Manager, or designee.
1. The following qualifications must be met by each application for a permit:
a. No permit will be issued to any person, firm, or corporation, except any veterans organization or any auxiliary of such organization chartered by the Congress of the United States, maintaining a charter and meeting place in the City whose membership is composed of members now and/or heretofore serving in the armed forces of the United States; or, any nonprofit associations or corporations organized primarily for civic betterment or youth activities, charitable, or religious purposes.
b. Each such organization must have its principal and permanent meeting place within the city limits of Monterey Park, and must have been organized and established within the city limits of Monterey Park, and must have been organized and established within such city limits for a minimum of one year continuously preceding the filing of an application for a permit.
c. No organization may receive more than one permit for fireworks sales during any one calendar year.
d. No stand will be within 500 feet of another stand.
2. Each applicant for a permit must take out and maintain in force, while any such fireworks stand is open, public liability insurance in an amount of not less than $1,000,000 for injury to one person, and not less than $1,000,000 for any one occurrence, and one million dollars ($1,000,000) for damage to property. The City of Monterey Park must be named as “additional insured” on all policies required hereunder. Before the issuance of a permit hereunder, each applicant must furnish evidence satisfactory in form and substance to the city that such insurance is in force, and adequate legal assurance that the carrier will give the city at least thirty days’ prior written notice of the cancellation of the policy, during the effective period of the permit.
3. Applicants for a permit hereunder must pay a permit fee in accordance with the City of Monterey Park Master Schedule of Fees and Charges for each fireworks stand.
4. It will be unlawful for any person to sell at retail “dangerous fireworks,” as defined in the California State Fireworks Law.
5. No “safe and sane” fireworks, as defined in the California State Fireworks Law, will be sold or offered for sale at retail within the City, except from 12:00 noon on June 28 to 9:00 p.m. on July 4 of each year. In addition, the discharge of fireworks is limited to 10 a.m. to 10 p.m. on only July 4.
6. No “safe and sane” fireworks will be sold or offered for sale at retail unless the fuses or other igniting devices are protected by approved protective caps, or each item or group of items is enclosed or sealed in a package bearing the California State Fire Marshal’s Seal of Registration, upon which the wholesaler’s license number appears.
7. The Fire Chief is authorized to promulgate reasonable additional rules and regulations for the operation of fireworks stands, in order to eliminate or reduce to a minimum the risk of fire or injury to persons or damage to property. A copy of any such rules and regulations must be posted in a prominent place in each fireworks stand. Failure to comply with said rules and r egulations will be grounds for the immediate revocation of any permit granted under this section.
17.02.170 Amendment—Locations where aboveground tanks are prohibited.
Section 5704.2.9.6.1 is amended to read as follows:
5704.2.9.6.1 The storage of Class I and II liquids in above ground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited.
1. Class I and II liquids must be stored in above ground tanks outside of buildings only at locations in the city zoned or used for Manufacturing purposes, as designated in the Monterey Park Municipal Code and the zoning map of the City of Monterey Park. Exception: Above ground storage tanks dispensing Class I and II liquids will not be allowed in motor fuel service stations.
2. The storage of Class I and II liquids in above ground tanks may be permitted in other zones if the Fire Chief finds that such use in a particular installation will not create an unreasonable risk of injury to person or property after consideration of special factors; such as, topographical conditions, nature of occupancy and proximity to buildings or adjoining property, and height and character of construction of such buildings, capacity and construction of proposed tanks and character of liquids to be stor ed, degree of private fire protection to be provided, and facilities of the Fire Department available to cope with flammable or combustible liquid fires.
17.02.180 Amendment—Liquefied petroleum gases—Location of containers.
Section 6104.2 is amended to read as follows:
6104.2 Liquefied petroleum gas may be stored only at locations zoned or used for Manufacturing Development purposes, as designated in the Monterey Park Municipal Code and the zoning map of the City of Monterey Park.
Such storage, however, may be permitted in other zones if the fire code official finds that such use in a particular installation will not create an unreasonable risk of injury to person or property, after consideration of the special features; such as, topographical conditions, nature of occupancy and proximity to building or adjoining property and height and character of construction of such buildings, capacity and construction of proposed tanks, and character of liquids to be stored, degree of private fire protection to be provided, and facilities of the Fire Department to cope with flammable or combustible liquid fires.
17.02.190 Amendment—Appendix Chapter D Dead ends.
Section D103.4 of Appendix Chapter D is amended to read as follows:
D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet must be provided with width and turnaround provisions to the minimum standards adopted by the jurisdiction.
17.02.200 Amendment — Appendix Chapter P Haunted Houses
Section P101.2 of Appendix Chapter P is amended to read as follows:
P101.2 Permits. A permit is required for haunted houses, ghost walks, or similar amusement uses in accordance with Appendix P101.2.
EXCEPTION: Haunted houses, ghost walks, or similar amusement uses in Group R-3 occupancies.”
SECTION 15: A new Chapter 17.03 entitled “Chapter 17.03 WILDLAND-URBAN INTERFACE CODE” is added to the MPMC to read as follows:
Ҥ 17.03.010 Wildland-Urban Interface Code adopted by reference.
Pursuant to Government Code section 50022.9, the city council adopts and incorporates by reference the California Wildland-Urban Interface Code, 2025 Edition, as published in California Code of Regulations Title 24, Part 7.”
SECTION 1 6: Renumbering. All sections of the MPMC affected by changes implemented by this Ordinance are renumbered as appropriate.
SECTION 17: 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 facilitates the purposes set forth in this Ordinance.
SECTION 18: Enforceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 19: Validity of Previous Code Sections . If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the MPMC or other city ordinance by this Ordinance will be rendered void and cause such previous MPMC provision or other the ci ty ordinance to remain in full
force and effect for all purposes.
SECTION 20: Environmental Assessment. T he City Council finds that adoption of this Ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”) because it consists only of minor revisions and clarifications to an existing code of construction-related regulations and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor, and therefore does not have the potential to cause significant effects on the environment. In addition, this ordinance is an action being taken for enhanced protection of the environment and is exempt from further review under CEQA Guidelines § 15308.
SECTION 21: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 22: Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 23: Effective Date. This Ordinance will become effective on January 1, 2023. Projects for which a building permit application and building plans were submitted before the effective date of this O rdinance, and for which building permits are obtained within 90 days from the effective date of this Ordinance, are exempt from the regulations in the 2025 code update including the codes adopted by reference in this O rdinance.
Should, however, the building permit expire, all building plans must comply with this Ordinance.
SECTION 24: Filing with Building Standards Commission. The City Clerk must file a certified copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Monterey Park, held on the 3
rd day of December, 2025.
Elizabeth Yang, Mayor
ATTEST:
______________________________
Maychelle Yee, City Clerk
I HEREBY CERTIFY that the above and foregoing ordinance was duly passed and adopted by the Monterey Park City Council at its regular meeting held on 3 rd day of
December, 2025, by the following vote, to wit:
AYES;
NOES;
ABSENT:
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
______________________________
Karl H. Berger, City Attorney
EXHIBIT A
Findings - Local Amendments
To The
2025 California Building Standards Codes
The City Council finds as follows:
SECTION 1: Pursuant to the requirements of Health and Safety Code § 17958.7, the City Council finds that there are local climatic, geographic, and topographic conditions justifying the various local amendments to the California Building Standards Codes as set forth herein.
SECTION2: Specifically, the City Council finds:
A. Climatic Conditions
1. The City of Monterey Park is a densely populated area within a climate system capable of producing major winds, fire and rain related disasters, including but not limited to those caused by the Santa Ana winds and El Niño (or La Niña) subtropical -like weather.
This region is especially susceptible to more active termite and wood attacking insects and microorganisms.
2. Hot, dry Santa Ana winds are common to all areas within the City of Monterey Park. These winds, which can cause small fires which spread quickly, are a contributing factor to the high fire danger in the area, and create the need for an increased level of f ire protection.
This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupancy occupants during fire occurrences.
3. Los Angeles County and the City of Monterey Park are located in a semi-arid Mediterranean type climate which predisposes all fuels, including wood shingles to rapid ignition and spread of fire.
Therefore, there exists a need for additional fire protection measures.
4. The warm, dry climate is conducive to swimming pools which creates a higher probability of child drowning where pools are unprotected.
B. Geological Conditions
1. The City of Monterey Park is a densely populated area having buildings and structures constructed over and near a vast array of
fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake, the 1987 Whittier Narrows Earthquake, the 1971 San Fernando Earthquake and the 1933 Long Beach Earthquake.
2. The October 17, 1989, Santa Cruz earthquake resulted in only one major San Francisco fire in the Marina district. But, when combined with the 34 other fires and over 500 responses, the department was taxed to its full capabilities. The Marina fire was diff icult to contain because mains supplying water to the district burst during the earthquake. lf more fires had been ignited by the earthquake, it would have been difficult for the fire department to contain them. This situation creates the need for both add itional fire protection measures and automatic on- site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. As noted by "Planning Scenario on a Major Earthquake D epartment on of the Newport - lnglewood Fault Zone, 1988, State Conservation," "unfortunately meeting the minimum earthquake standards of building codes barely places a building on the verge of being legally unsafe."
3. Traffic and circulation congestion presently existing in the City of Monterey Park often challenges fire department response times.
This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur.
This condition makes the need for additional on- site protection for property occupants necessary.
4. Placement of multiple occupancy buildings, location of arterial roads, and fire department staffing constraints due to recent revenue - limiting state legislation have made it difficult for the fire department to locate additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density apartment or condominium buildings. Fire Department equipment does not allow easy access to areas of buildings greater than 55 feet above the level of Fire Department vehicle access.
These conditions create the need for built -in onsite fire protection systems to protect occupants and property until firefighting apparatus and personnel arrive on the scene.
5. The City of Monterey Park is located in an area subject to a climatic condition of high winds and low humidity. This combination of events creates an environment which is conducive to rapidly spreading fires.
Control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will
greatly impact the response time to reach an incident scene.
Additionally, ASCE -7, Section 6, Figure 6 - 2 Height Adjustment Table identifies a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type firefighting apparatus above this height would place rescue personnel at increased risk of injury.
6. The City of Monterey Park is located in the middle of a seismically active area. The viability of the public water system would be questionable at best after a major seismic event. This would leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of any available water to floors above the 55- foot level. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks, there exists a need to provide increased protection for anyone on upper floors.
7. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds. Pieces of burning wooden roofs become flying brands and are carried by the wind to other locations and thereby spread fire quickly.
C. Topographic Conditions
1. The City of Monterey Park is in an area that has a high percentage of structures on hillsides. Access for fire or rescue response and staging for firefighting are made challenging and difficult due to the terrain.
SECTION 3: Because of the local climatic, geologic and topographic conditions, the following local amendments are needed:
2025 California Building Code
Code Section Finding
Chapter 9 A-1, A-2, B-4, C-1
Table 15.05.1 A-1, A-2, B-4, C-1
2025 California Residential Code
Code Section Finding
Section R301.1.3.2 B-1
Section R309 A-1, A-2, B-4, C-1
2025 California Fire Code
Code Section Finding
102.5 Administrative
103.4 Administrative
105.6.7 Administrative
112 Administrative
202 Administrative
304.1.3 A,B,C
307.1 A,B,C
903 A,B,C
907.1.6 A,B,C
1103.2 A,B,C
5601 A,B,C
5608 A,B,C
5614 A,B,C
5615 A,B,C
5704.2.9.6.1 A,B,C
6104.2 A,B,C
D103.4 A,B,C
P101.2 A,B,C
A
TTACHMENT 2
Staff Report dated November 5, 2025 (without
attachments)
City Council Staff Report
Date: November 5, 2025
Agenda Item Number: 9.D.
To: The Honorable Mayor and City Council
From: Timothy Hou, Director of Community Development
Jason Hing, Fire Chief
Subject: Consideration and possible action to read by title only, waive further reading, and introduce Ordinance amending Titles 16 and 17 of the Monterey Park Municipal Code by adopting the 2025 Edition of the California Building Standards Code and the Monterey Park Amendments to the California Building Standards Code; set public hearing for December 3, 2025
Recommendation:
It is recommended that the City Council consider:
1. Reading by title only, waiving further reading, and introducing the proposed Ordinance;
2. Scheduling a public hearing on December 3, 2025, for the second reading and adoption of the Ordinance; and/or
3. Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the proposed Ordinance affects commercial development or businesses and is not subject to further review under CEQA for the following reasons: (1) the Ordinance is an action being taken for enhanced environmental protection (14 Cal. Code Regs. § 15308); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)).
Executive Summary:
Every three years California adopts updated building standards codified in Title 24 of the California Code of Regulations. The draft ordinance (Attachment 1) incorporates the 2025 codes by reference and includes limited local amendments based on documented climatic, geological, and topographic conditions and administrative needs. This cycle primarily clarifies existing requirements and updates numbering, with targeted fire and life safety provisions. The staff report also explains how the ordinance complies with AB 130 by limiting local changes that are applicable to residential units to the narrow exceptions allowed by state law, and by treating other changes as administrative or fire authority supported.
Type Of Action: (Legislative)
The recommended action is to amend Monterey Park Municipal Code (MPMC) Titles 16 and 17 by adopting the 2025 Edition of the California Building Standards Code (CBSC). In considering such action, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases). For the proposed amendments, the City Council must find that they are reasonably necessary because of local climatic, geological or topographical conditions (Health and Safety Code § 17958.7). These findings, and the facts upon which they rely, are included within the draft Ordinance (Attachment 1). Accordingly, a Notice of Exemption has been prepared for the proposed ordinance (Attachment 2).
Background:
The California Building Standards Commission is authorized by Health and Safety Code §§ 18901 through 18949.31 to administer the processes governing the adoption, approval, publication, and implementation of California’s uniform codes every three years.
California law does allow each local jurisdiction to make limited amendments to the CBSC to govern unique issues within that jurisdiction. For example, coastal cities may make changes to address coastal erosion. In Monterey Park, the primary issues are fire-prone open and inhabited areas, combined with steep topography and seasonal high winds. Additionally, like virtually every other jurisdiction in California, the City must be prepared for earthquake activity.
To address these local challenges, the proposed Ordinance makes local amendments to the CBSC.
Local amendments are not effective or operative until the amendment documents meeting the requirements have been filed with CBSC. As stated in the Ordinance, the City Clerk will send a certified copy of the Ordinance to the California Building Standards Commission.
Since the City is incorporating the CBSC into the Monterey Park Municipal Code (“MPMC”) by reference (with local amendments), Government Code § 50022.3 requires that the City Council conduct a public hearing before adopting the Ordinance. Accordingly, if the Ordinance is introduced, a public hearing would be scheduled for the December 3, 2025 City Council meeting.
Assembly Bill 130 (2025) (“AB 130”), among other things, amended Health and Safety Code §17958 by prohibiting modifications to building standards affecting residential units between October 1, 2025, and June 1, 2031, unless certain conditions exist, including a finding that the local amendments are “substantially equivalent” to prior provisions. The local amendments incorporated into the draft ordinance are substantially equivalent to existing regulations as adopted under the 2022 uniform codes. Proposed changes to existing regulations are primarily administrative.
The 2025 California Building Standards Codes will take effect on January 2, 2026. The new codes apply to building permit applications submitted on or after that date. Based upon the draft ordinance, permit applications submitted on or before December 31, 2025, remain subject to the current 2022 codes for as long as the application stays active.
Strategic Plan Goal:
N/A
Fiscal Impact:
There are no identifiable fiscal impacts associated with adopting the Ordinance and Resolution (other than administrative costs associated with codifying the Ordinance).
Attachments:
1. Ordinance and Exhibit A- Findings- Local Amendments to the 2025 California Building Standards Code
2. Notice of Exemption
ATTACHMENT 3
Notice of Exemption
Notice of Exemption From: City of Monterey Park Planning 320 W. Newmark Avenue
To: Monterey Park, CA 91754
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
Los Angeles, County Clerk
Environmental Filings
12400 Imperial Highway #1201
Norwalk, CA 90650
Attn: Business Filings and Registration
Project Title: Code Amendment – Amending Titles 16 and 17 of the Monterey Park Municipal Code Project Location - Specific: Citywide
Project Location - City: Monterey Park
Project Location - County: Los Angeles
Description of Project:
Approval of a code amendment to Title s 16 and 17 of the Monterey Park Municipal Code by adopting the 202 5 Edition of the California Building Standards Code and the Monterey Park Amendments to the California Building Standards Code .
Name of Public Agency Approving Project: City of Monterey Park Name of Person or Agency Carrying Out Project: City of Monterey Park Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:
Statutory Exemptions. State code number: 15060(c)(2); 15061(b)(3); and 15308 Reasons why project is exempt:
This Code Amendment is exempt from further CEQA review for the following reasons: (1) the ordinance is an action being taken for enhanced environmental protection (14 Cal. Code Regs. § 15308); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)).
Lead Agency Contact Person: Timothy Hou, AICP Telephone (626) 307-1315 If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? Yes No Signature: _________________________________ Date:_______________ Title: Director of Community Development Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
City Council Staff Report
Date: December 3, 2025
Agenda Item Number: 10.B.
To: The Honorable Mayor and City Council
From: Timothy Hou, Director of Community Development
Subject: A continued public hearing to consider approval of the construction of a 247,480- square-foot data center and associated improvements located at 1977 Saturn Avenue, (Assessor’s Parcel Number 5265-026-054) (“Subject Property”)
Recommendation:
It is recommended that the City Council consider:
1. Re-opening the public hearing and taking testimonial and documentary evidence;
2. After closing the public hearing and considering the evidence received during the public hearing, introduce and waive first reading of an Ordinance activating the Business Recovery Development Agreement Zone (“BRDZ”), approving Development Agreement No. 24-02 (“DA-24-02”) and site development plan (DRB-24-040) for the construction of a data center, and adopting a Mitigated Negative Declaration (“MND”) (State Clearing House Number 2024101397);
3. Taking such additional, related, action that may be desirable.
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. Based on the IS findings, and with proposed mitigation measures for cultural resources, geology and soils, hazards and hazardous materials and tribal cultural resources, the project would not result in significant environmental impacts.
The IS and MND, and a notice of intent to adopt the IS and MND was prepared, circulated, and made available for public review between Thursday, October 31, 2024, and Monday, December 2, 2024. During this period, the City received five comment letters stating concerns with the proposed project. Comments were received from Los Angeles County Sanitation Districts, Advocates for the Environment, Coalition for Responsible Equitable Economic Development Los Angeles (“CREED LA”), California Department of Conservation, Geologic Energy Management Division, and the South Coast Air Quality Management District. The
Director of Community Development considered all comments, determined that the comments did not constitute substantial evidence of a potentially significant impact, and while not required by CEQA, provided responses to those concerns. Therefore, no further environmental review is required. The MND, Response to Comments and other CEQA documents can be found in Attachment 1, Exhibit C and on the City website
at https://www.montereypark.ca.gov/DocumentCenter/View/18325/11-19-2025-1977-Saturn- Data-Center-Project-ISMND
Executive Summary:
HMC StratCap 1977 Saturn, LLC (the “Applicant”) requests a Development Agreement and activation of the Business Recovery Development Agreement Zone (“BRDZ”) to construct a 247,480-square-foot data center and associated improvements (the “Project”) on the real property commonly known as 1977 Saturn Street (the “Property”). The Property is approximately 15.8 acres (689,073 square feet) within the S-P Saturn Park Innovation/ Technology Zone (“SPITZ”) and has a General Plan Land Use Designation of Innovation/Technology.
Pursuant to the Monterey Park Municipal Code (“MPMC”) § 21.14.180 and § 21.14.220, data centers are permitted in the SPITZ with a development agreement.
This item was noticed for public hearing at the November 19, 2025, City Council meeting at which time the Applicant requested a continuance. At the November 19, 2025, the City Council opened the public hearing and continued the public hearing to the December 3, 2025, City Council meeting.
TYPE OF ACTION (LEGISLATIVE; QUASI-JUDICIAL; OR ADVISORY):
Legislative: The recommended action entails adoption of an Ordinance activating the BRDZ and approving a development agreement. When considering such actions, the City Council acts in its discretionary legislative capacity. Pursuant to Government Code § 65867.5, to approve the development agreement, the City Council must find that the:
• Provisions of the agreement are consistent with the general plan and any applicable specific plan.
Quasi-judicial: The recommended action includes approval of a site development plan (DRB- 24-040) and adoption of the IS and MND. In considering such actions, the City Council acts in a quasi-judicial role. When doing so, the City Council acts like a court; it applies facts gathered during a public hearing to existing law. Just like a court, the City Council 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 City Council 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 constitute substantial evidence. Substantial evidence includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. If the City Council asks irrelevant questions and bases its decision-making on such questions, a court may overturn the City Council’s decision and potentially hold the City liable for violating the applicant’s constitutionally protected due process rights.
Pursuant to MPMC §§ 21.14.180 and 21.36.060, to approve the site development plan the City Council must find that the project:
• Is 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; • Reflects the values of the community; enhance the surrounding environment; and harmonize with its surroundings; and
• Provides a visually pleasing setting for structures on the site through landscaping.
Pursuant to CEQA Guidelines § 15074, to approve the MND, the City Council 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.
These findings are included in the attached Ordinance (Attachment 1), including its attachments. The facts to make such findings are based upon substantial evidence in the entire administrative record, including, without limitation, those gathered during the public hearing.
Background:
The Property is located in the southeastern portion of the City to the north of Potrero Grande Drive, within Saturn Park. The Property is located on the southwest corner of Saturn Street and Orange Avenue, is irregular in shape, approximately 15.8 acres in size, and has topography that includes uphill slopes to the rear of the Property. The Property is improved with a two-story professional office building, which has been vacant since 2016. The improvements include extensive surface parking on the north, east and west sides of the building. All existing improvements would be demolished as part of this Project.
Surrounding land uses include office development to the south, east and west (Saturn Park) and La Loma Park and a landscape nursery to the north, with a small portion of residential uses at the northwest corner of the property. The Project includes additional buffering landscaping in that area and a 6-foot tall block wall on the residential side of the property. The plans indicate trees and shrubs to provide screening for the residential uses.
Figure 1: Aerial
The Project is for the development of a 247,480-square-foot data center. The proposed data center would house computer servers and support equipment for private clients. The computer facilities located within the data center will be in operation 24 hours a day and seven days a week. Clients would either use the data center as a place to relocate their existing servers or as a place to operate new servers and expand their server capacity. Employees on-site would include technicians, professional employees, and building maintenance personnel during regular business hours. Security personnel will be on-site at all times.
Site Plan
The Property has primary frontage on Saturn Street with some secondary frontage on Orange Avenue. The Applicant is proposing to construct the large data center building in the center of the Property. The proposed building is 900 feet long by 238 feet deep.
The building is setback from the front property line 12 feet at the closest point, with most of the building being setback a minimum of 19 feet. The other setbacks are substantial, with the 50- foot setback to Orange Avenue being the closest at the corner of the building. Most of the building will be one story. The western portion of the building, however, where the office area is located, is two stories. While the building height of the building is measured through an average grade plane calculation, the height of the single story portions of the building will be 32 feet and the height of the second story portion will be 42 feet. The development has a floor area ratio (FAR) of 0.359. The Saturn Park Zone does not have a maximum FAR.
The design includes two drive aisles on Saturn Street, one on each side of the building.
Behind the main building is a new Edison Substation that would allow for the electrical power needed for the data center. The hillsides on the north side of the Property would stay in their existing condition. The Property would be enclosed with an eight-foot-tall security fence, including gates for vehicles. The vehicular gate on the west side of the building has a 65-foot setback to allow for queuing of vehicles waiting to enter. Retaining walls are proposed on the north side of the property near the Edison substation.
Figure 2: Site Plan
The primary parking area is located on the western side of the building and would provide 46 parking spaces. At the rear of the building another 22 parking spaces are proposed, which are designed as parallel parking spaces. A total of 68 parking spaces are proposed, all of which are standard parking spaces. Because the MPMC does not have a parking requirement for data centers, the Applicant prepared a Parking Demand Analysis (Attachment 5). The Parking Analysis is based on the size of floor area for the office area, and the Municipal Code standard for parking in a Public Utility Substation (a similar use). The parking requirement for a Public Utility Substation is one parking space per employee. The Analysis indicates that the data center will have 26 employees and concludes that the proposed 68 parking spaces is sufficient for the use.
Large areas of landscaping are proposed along the east side at the intersection of Orange Avenue and Saturn Street, on the west side of the Property and on the slopes on the north side of the Property. The slopes on the north side of the Property are currently landscaped with trees, which will be retained. The landscape areas on the east and west will be created with this development. A Tree Evaluation Report (“TER”) was prepared for the project which indicates that most of the trees on the site will be removed, with those on the slopes on the north side of the Property being retained. The TER states that there are currently 337 trees on the property. While 162 trees will be removed, the Applicant will plant 162 trees as part of the Project.
The highest elevation on the Property is on the north and east side. To provide a relatively level pad for the structure, retaining walls are proposed at the rear of the Property adjacent to the slope. The proposed retaining walls includes the following:
• North side of property (behind the Edison Substation) eight feet maximum height (not visible from the street);
• North side of property (35 feet from Orange Avenue) four feet maximum height (not visible from the street).
The Applicant will be dedicating land to the City as part of the Project. The City Engineer is requiring a 20-foot right-of-way dedication on Saturn Street and Orange Avenue to facilitate street widening and sidewalk installation . Additionally, the Applicant proposes to dedicate a park site to the City. The potential park site is located at the eastern side of the Property at the intersection of Saturn Street and Orange Avenue and is approximately 39,900 square feet.
Building Plans
The overwhelming majority of the floor plan is utilized by the six data halls and utility areas
(166,600 square feet). Other substantial amounts of floor area are used as mechanical and electrical rooms. The office area includes two floors and includes administration, storage, and a lobby (22,232 square feet). The loading dock and loading area are located next to the office area. The trash enclosures are located next to the loading area . The trash enclosure is 12 foot by 21 feet with an 8-foot-tall wall surrounding it. The trash enclosure is in compliance with the Code standards.
To the rear of the building, outside of the building walls, is an equipment yard that runs along the back of the building and is enclosed by an 18-foot-tall wall. Within that equipment yard, the proposal is to install 24 stationary diesel fueled internal combustion engines and generators .
These generators would be used only in the event of an interruption in Edison service. Each generator would be equipped with a sound-rated all-weather enclosure capable of achieving an outdoor sound level of 65.3 dBA at 7 meters. It should be noted that the Monterey Park Municipal Code (MPMC) Section 4.50.050 states that emergency generators used during a power outage or other emergency are exempt from the City’s noise ordinance.
The proposal includes an equipment platform constructed above the roof. The equipment platform would extend most of the length of the building (750 feet) and be about 70 feet in width. The equipment area would be screened from view by a 19-foot tall, light gray, mesh and louver screen. The equipment screen would be set back approximately 90 feet from the front elevation of the building. This screen would conceal the rooftop equipment. This rooftop equipment would be required to provide interior temperature control and to cool computer servers.
Architectural Design
The proposed building is a data center and has been designed primarily with solid walls for security and climate control. The main portion of the building, which houses the data halls, will have an exterior of metal panels. Along the Saturn Street frontage, the proposal includes large white solid panels that angle away from the building to a depth of 3 feet and angle from the roof downward. The ends of these panels include an orange fin. Along the western side of that elevation, where the office area is located, the lower floor includes a row of windows, and the upper floor includes a solid and perforated panel that is white with orange accents. The western elevation includes angled perforated screen panels on the upper elevation with a row of windows on the lower level. The combination of angled solid panels, perforated screens and varied materials and colors provide interest to the proposed building.
Figure 3: South and West Elevations
Development Agreement
The Project satisfies all requirements, including General Plan consistency, for approving a development agreement. MPMC § 21.14.220 requires a development agreement for data centers. The Applicant is proposing public benefits which include:
• Development of a vacant and underutilized property in Saturn Park. • Improvement of the public right-of-way along certain Property frontages. • Installation of enhanced landscaping and lighting along certain Property frontages. • Generation of reoccurring tax revenues for the City. • Public Open Space. Before certificate of occupancy is issued, the Applicant must provide to City a grant deed, that transfers fee title ownership, of approximately 39,900 square feet of land located along the Property frontage on Saturn Street and Orange Avenue, for use as a publicly-accessible pocket park, that City will own and operate. • Public Trail Extension. Before certificate of occupancy is issued, the Applicant must deposit $200,000 with City to fund the design and construction of improvements, located in the public right-of-way and/or easement areas controlled by the City, to extend a segment of the existing pedestrian trail from La Loma Park, through the existing plant nursery, and along the west side of Orange Avenue, to the access point of the new pocket park.
The Development Agreement also activates the Business Recovery Development Agreement Zone (“BRDZ”) per MPMC Chapter 21.45. The BRDZ is a "floating zone" which is allowed to be activated once a need is identified. The BRDZ area provides flexibility for development standards that would generally be applicable to the underlying zone. Here, the Applicant is requesting to establish a height limit to allow the height to exceed the 40-foot identified in the Code. While the building height is 32 feet 10.5 inches, the Equipment Platform Screen is 51 feet 5.5 inches. The activated BRDZ allows that height with the approval of the Development Agreement.
The Development Agreement also includes additional requirements, which will limit impacts, and implement the goals, policies, and objectives of the General Plan.
Strategic Plan Goal:
The Project meets the 2025-26 Strategic Plan Goal to “Advance Economic Development Initiatives and Support Local Businesses” by fostering business growth and attracting investment.
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 October 30, 2025, with affidavits of posting on file. The legal notice of this hearing was mailed to 49 property owners within a 300 feet radius of the property.
Fiscal Impact:
Project is anticipated to generate revenue of $6.5 million during construction and $5 million recurring, once construction is complete.
Attachments:
1. Draft Ordinance
2. Architectural Plan
3. Parking Demand Analysis
4. Letter of Support
Staff Report
November 19, 2025
ATTACHMENT 1
Draft Ordinance
ORDINANCE NO.
AN ORDINANCE ACTIVATING THE BUSINESS RECOVERY
DEVELOPMENT AGREEMENT ZONE (“BRDZ”) ; AMENDING THE
ZONING MAP TO REFLECT ACTIVATION OF THE BRDZ; APPROVING DEVELOPMENT AGREEMENT NO. 24 -02 (“DA -24-02”); APPROVING SITE DEVELOPMENT PLAN (DRB-24-040) FOR CONSTRUCTION OF A DATA CENTER ON REAL PROPERTY AT 1977 SATURN AVENUE
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. HMC StratCap 1977 Saturn, LLC (“Developer”) submitted development applications for approval of a data center in Saturn Park on real property with an address of 1977 Saturn Avenue (“Project Site”). The project consists of land use approvals for DRB-24-040; DA-24-02; and ZA-25-03. The zone change constitutes activation of the Business Recovery Development Agreement Zone (“BRDZ”).
B. The City Planner reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”).
C. The City Planner completed review and scheduled a public hearing regarding the proposed Project before the City Council for November 19, 2025. On October 29 and 30, 2025, Notice of the public hearing on the Project was duly given as required by law.
D. On November 19 , 202 5, the City Council conducted a public hearing to consider the Project including, without limitation, this Ordinance and the Development Agreement.
E. The City Council reviewed the proposed project, conditions of approval, and related environmental aspects of the Project as required by the MPMC at the November 19, 2025, public hearing.
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F. The City Council carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing of November 19, 2025.
G. This Ordinance, and its findings, are based upon the entire administrative record considered du ring the November 19, 2025, public hearing including, without limitation, the staff report and accompanying documents.
SECTION 2. Factual Findings. The City Council finds that the following facts exist:
A. The Project includes demolishing an existing 205,628 square foot office building and construction of 247,480 square-foot data center and associated improvements (“the Project”).
B. The Project Site is zoned S-P Saturn Park Innovation/Technology Zone (“SPITZ”) and has a General Plan designation of Innovation/Technology.
The Project complies with the SPITZ. A data center is permitted only with a development agreement as provided in MPMC § 21.14.220.
C. The Project Site is accessible from Saturn Street, a 60'- 0" wide right-of- way minor arterial street. A Project Transportation Study Screening Assessment was prepared for the Project which indicates that the Project will generate approximately 52 daily vehicle trips.
D. The Project Site is surrounded by office development to the south, east and west (Saturn Park) and La Loma Park and a landscape nursery to the north, with a small portion of residential uses at the northwest corner of the property.
E. The Project is compatible with the existing uses in the vicinity, which include office buildings and associated improvements.
F. The Project features exterior building elements and materials for the proposed data center would include metal panels, precast concrete panels, aluminum-framed shadow box glass storefront with an aluminum canopy, aluminum-framed doors, glazed windows, and
perforated/louvered screen walls.
SECTION 3. Pursuant to Government Code § 65867.5, the City Council finds the following:
A. The development agreement is consistent with the City’s 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
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will, among other things, facilitate the development of the Project Site that is currently vacant and underutilized, which is c onsistent with the following General Plan policies:
1. LU Policy 2.1 - Provide flexible and clear development standards to allow commercial, professional, industrial, institutional, and hospitality businesses and uses to expand and thrive economically.
2. LU Policy 2.2 - Facilitate the growth of a diverse business sector resilient to change over time and compatible with a broad range of skills and workers.
3. LU Policy 2.3 - Create a culture of innovation and growth, encouraging emerging businesses to attract high-quality jobs.
4. LU Policy 25.3 - Create a distinct physical identity for the Saturn Park district.
B. The development agreement also provides certainty in planning and construction as well as orderly development, while providing assurance to the Developer 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 of Environmental Impacts (“IS”) and Mitigated Negative Declaration (“MND”) were prepared for the Project pursuant to CEQA Guidelines § 15063.
B. Pursuant to CEQA Guidelines § 15070 (b), a mitigated negative declaration is deemed appropriate if it is determined that though a project could result in a significant effect, mitigation measures are available to reduce these significant effects to less than significant levels. Pursuant to the MND, recommended mitigation measures are provided for Cultural Resources (Section 4.5), Geology and Soils (Section 4.7), Hazards and Hazardous Materials (Section 4.9) and Tribal Cultural Resources (Section
4.18).
C. The IS and MND were made available to the public for review and comment from Thursday, October 31, 2024, and Monday, December 2, 2024.
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D. During the public review of the IS/MND, the City received five comment letters. Subsequently, a Response to Comments and Errata documents was prepared and provided as part of the public hearing.
E. A duly noticed public hearing was held by the City Council on November 19 2025, at which time evidence was heard on MND and staff report. At the hearing, the City Council fully reviewed and carefully considered the MND and Response to Comments and Errata, together with any comments received during the public review period and determined that the MND was consistent with CEQA.
F. When considering the whole record for the IS and MND, there is no evidence that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the Project is in a built-out urban environment and includes appropriate mitigation measures.
G. Accordingly, based upon the evidence presented to the City Council, the City need not prepare an environmental impact report for the proposed project. Consequently, the City Council adopts the draft MND.
SECTION 5. Notice of Determination. The City Manager, or designee, is directed to file a Notice of Determination in accordance with CEQA §§ 21152, 21167(f); CEQA Guidelines § 15094; and any other applicable law.
SECTION 6. General Plan and Zoning. The Project conforms to the City's General Plan, and Title 21 (Zoning) of the MPMC, including, without limitation:
A. Policy 2.1 - Provide flexible and clear development standards to allow commercial, professional, industrial, institutional, and hospitality businesses and uses to expand and thrive economically.
B. Policy 2.2 - Facilitate the growth of a diverse business sector resilient to change over time and compatible with a broad range of skills and workers.
C. Policy 2.3 - Create a culture of innovation and growth, encouraging emerging businesses to attract high-quality jobs.
D. Policy 25.3 - Create a distinct physical identity for the Saturn Park district.
SECTION 7. Site Development Plan Findings. Pursuant to MPMC §§ 21.14.180 and
21.36.060, the City Council finds as follows:
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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 development is proposed in the Saturn Park area on a 15.8-acre site currently improved with an office building that is vacant. Saturn Street is currently developed with office and business park uses. The Project Site is large, and the floor area ratio (FAR) proposed is 0.359 in a General Plan designation that allows up to 0.6 FAR. The Project’s building and architecture are compatible and in keeping with the character of other buildings on Saturn Street. The proposed deve lopment includes large areas of open space on the north and west sides of the building.
These large open spaces provide a buffer to the residential neighborhoods adjacent to the Project Site to the northwest. The proposed development is not detrimental to the general welfare of the neighborhood.
B. The design and architecture reflect the values of the community; enhances the surrounding environment; and harmonizes with its surroundings.
The Project’s architecture includes modern elements with simple buildin g forms such as a flat roof with a parapet, a mix of wall finishes and materials. The elevations are designed to provide articulation to provide movement and interest.
Surrounding buildings are offices or business park buildings. The proposed architecture 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 is a large property and will include a significant amount of landscaped open space, including retaining much of the existing landscaping on the north side of the project. The 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 building is a data center. Most of the floor area of the structure is utilized by data halls. Minimal signage for identification purposes is anticipated and will comply with the MPMC. The proposed use will maintain visual harmony within the surrounding development.
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SECTION 8. Public Benefits. The Development Agreement provides for public benefits including, without limitation:
A. Improvement of the public right-of-way along certain property frontages.
B. Installation of enhanced landscaping and lighting along certain Property frontages.
C. Generation of reoccurring tax revenues for the City.
D. Public Open Space. Befor e the Building Official issues the final Certificate of Occupancy for the Project, Developer must provide to City a grant deed, that transfers fee title ownership, of approximately 39,900 square feet of land located along the Property frontage on Saturn St reet and Orange Avenue, as identified in Exhibit “F,” for use as a publicly-accessible pocket park, that City will own and operate. Developer will construct initial improvements (including pedestrian pathway, lawn areas, bench seating, an entry monument, and associated irrigated landscaping) for the pocket park in substantial conformance with the conceptual plan. Developer will consult with City regarding final park design which must be approved by City in its reasonable discretion. Developer’s obligation under this provision is considered fully satisfied after the grant deed in Exhibit “F” of the Development Agreement is recorded and in the 1977 Saturn Data Center plans approved by the City on ________, 2025.
E. Public Trail Extension. Before the Building Official issues the final Certificate of Occupancy for the Project, Developer must deposit $200,000 with City to fund the design and construction of improvements, located in the public right-of-way and/or easement areas controlled by the City, to extend a segment of the existing pedestrian trail from La Loma Park, through the existing plant nursery, and along the west side of Orange Avenue, to the access point of the new pocket park, as identified in Exhibit “G” of the Development Agreement.
Developer’s obligation under this provision is considered fully satisfied up on deposit of $200,000 with the City.
SECTION 9. 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 into this Ordinance by reference.
A. The DA may be changed before execution as authorized by the City Council during the public hearings for the Project.
B. The DA may be changed before execution for minor clarifications and technical, clerical, corrections as approved by the City Attorney including, without
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limitation, completion of references, status of planning approvals, and completion and conformity of all exhibits to the DA.
C. The City Council authorizes the Mayor to execute the DA 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 DA, in a form approved by the City Attorney.
SECTION 10. Adoption and Approval. Based on the foregoing, the City Council:
A. Approves site development plan (DRB-24-040), subject to conditions in the attached Exhibit “B” which are incorporated by reference. In the event of any conflict between the MPMC, the DA, and this Ordinance, the MPMC and the DA will take precedent over the Conditions of Approval; B. Adopts the MND attached as Exhibit C, and incorporated by reference; C. Activates the BRDZ for the Project Site pursuant to MPMC Chapter 21.45
SECTION 11. Zone Map Amendment . Pursuant to MPMC § 21.45.020(F), the Monterey Park Zoning Map is amended to reflect the BRDZ overlays as set forth in attached Exhibit “D,” which is incorporated by reference.
SECTION 12. 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 facilitates the purposes set forth in this Ordinance.
SECTION 13. Enforceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 14. Reliance on Record . Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the matter. The determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 15. 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
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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 s olve 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 16. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 17. 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 18. 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 posted in accordance with California law.
SECTION 19. Recording. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Monterey Park’s book of original ordinances, make a note of the passage and ad option in the records of this meeting, and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 20. Effective Date. This Ordinance becomes effective on the 30 th day following its passage and adoption.
PASSED, APPROVED, AND ADOPTED this 19th day of November 2025.
Elizabeth Yang, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
City of Monterey Park
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APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Exhibit A: Development Agreement No. 24-02
Exhibit B: Site Development Plan Conditions of Approval Exhibit C: Initial Study & Mitigated Negative Declaration Exhibit D: Zone Map Amendment ZA-25-03
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF MONTEREY PARK )
I, Maychelle Yee, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Ordinance No. ______ was introduced, and placed upon its first reading at a regular meeting of the City Council of the City of Monterey Park, held on the 19th day of November, 202 5. That thereafter on the 3rd day of December 2025, said Ordinance was duly passed, approved and adopted by the following vote:
Ayes: Council Members:
Noes: Council Members:
Absent: Council Members:
Abstain: Council Members:
Dated this 3rd day of December 2025.
Maychelle Yee, City Clerk
City of Monterey Park, California
Ordinance No.
November 19, 2025
Exhibit A
Development Agreement No. 24-02
16826.1:10031991.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF MONTEREY PARK
320 West Newmark Avenue
Monterey Park, CA 91754
Attention: City Clerk
EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code § 6103
(Space Above For Recorder’s Use)
DEVELOPMENT AGREEMENT
By And Among
City of Monterey Park
And
HMC StratCap 1977 Saturn, LLC
1 DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (“Ag reement,” effective as of ___, 2025 (“Effective Date”), is entered into by and between (1) the CITY OF MONTEREY PARK, a general law city and municipal corporation (“City”), and (2) HMC STRATCAP 1977 SATURN, LLC , a Delaware limited liability company (“Developer”), as follows:
RECITALS
A. In order to strengthen the public planni ng process, encourage private participation in comprehensive planning, and reduce the econom ic costs and risk of development, the Legislature of the State of California enac ted Government Code Section 65864, et. seq. (“Development Agreement Statute”). The Development Agreement Statute authorizes the City to enter into binding development agreements with developers having a legal or equitable interest in real property, establishing certain development rights in such property.
B. Pursuant to the Development Agreem ent Statute, City adopted regulations implementing the Development Agreement Statute as codified in the Mont erey Park Municipal Code (“MPMC”).1 This Agreement has been processed and approved in accordance with the MPMC.
C. Developer purchased 1977 Saturn Str eet, Monterey Park, CA 91755 for the purpose of developing a data center with an ancillary equipment yard, substation, parking, and landscaping (the “Project”) affected by the terms of this Agreement. The real property affected by the Project is legally described in attached Exhibit “A,” which is incorporated by reference (the “Property”).
D. City and Developer determined a deve lopment agreement is appropriate for the Project in order to activate the Business Recovery Development Agreement Zone (“BRDZ”).2 E. The City Council determined that the Project will provide certain public benefits to warrant entering into this Agreemen t. Those benefits are listed in Section 5.1 of this Agreement.
In addition, this Agreement will facilitate orderl y growth and quality deve lopment of the Project in conformance with the goals and policies of the City’s General Plan.3 F. Developer would not proceed with the Pr oject without the City’s assurances set forth in this Agreement. Developer has and will continue to invest substantial money and effort in reliance upon the City’s assurances as set forth in this Agreement. Developer acknowledges that the City would not enter into this Agreement without the Developer’s assurances set forth in this Agreement and the anticipated benefits, as described in Section 5.1, to be provided in connection with development of the Project.
G. City has conducted an environmental re view of the Project under the California Environmental Quality Act (“CEQA”) and, based on the analysis provided within the Initial
1 See MPMC Chapter 21.44 as codified by Ordinance No. 2193, adopted October 7, 2020. 2 As codified in MPMC Chapter 21.45 by Ordinance No. 2193; originally adopted via Ordinance Nos. 2184 (adopted July 15, 2020) and 2185 (adopted August 5, 2020). 3 As adopted pursuant to Measure JJ on November 3, 2020.
2 Study/Mitigated Negative Declarati on and technical studies identifie d in attached Exhibit “B,” determined the Project, with incorporation of the identified mitigation as agreed to by Developer, would not result in significant impacts on the environment (“CEQA Determination”).
H. The City Council has given the required notice of its intent ion to adopt this Agreement and conducted public hearings thereon pursuant to the Development Agreement Statute and MPMC. As required by applicable law, the C ity Council has found the provisions of this Agreement and its purposes are consistent with the goals, policies, st andards, and land use designations specified in the City’s General Plan and will provide for an orderly development of the Project in accordance with the objectives set forth in the General Plan and the MPMC.
I. On November XX, 2025, the City Council adopted the Approving Ordinance (defined below) approving this Agreement and authorizing its execution. That Ordinance became effective on November XX, 2025. Before approvi ng this Agreement, the City Council made certain findings, as set forth in the Approving Ordinance.
J. The term or duration of this Agreem ent has a commensurate relationship to the benefits provided to the City.
ARTICLE 1
DEFINITIONS
1.1. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the word s and phrases used in this Agreement. Words and phrases not defined in this Article have the meaning set forth in this Agreement; the MPMC; the Development Agreement Statute; or in common usage.
1.2. “Applicable Rules” means all of the ordinances, rules, regulations, fees and official policies governing the Project as set forth in Article 3, includi ng, without limitation, the City’s zoning regulations and building regulations, ad opted as of the Effective Date. Among other matters, the Applicable Rules set forth and gove rn the permitted uses of land, the density or intensity of use, subdivision requirements, setbacks, and development standards, the provision for reservation or dedication of land for public purposes, a nd the design, improvement and construction guidelines, standard s and specifications applicable to the development of the Property.
1.3. “Approving Ordinance” means Ordinance No. XX-XX adopted on November XX, 2025, approving execution of this Agreement.
1.4. “CEQA” means the California Environmen tal Quality Act (California Public Resources Code §§ 21000, et seq.), and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.).
3 1.5. “City” means the City of Monterey Park and its successors and assigns.
1.6. “City Council” means the City Council of Monterey Park, its governing body.
1.7. “Developer” means the Party who has signe d this Agreement as Developer, and, subject to the restrictions on assignment set forth herein, successor owners.
1.8. “Development Impact Fees” means fees established and adopted pursuant to the Mitigation Fee Act (Government Code §§ 66000, et seq.) and the MPMC. Development Impact Fees do not mean or include Processing Fees. The Development Impact Fees estimated to be paid for the Project are set forth in attached Exhibit “E,” which is incorporated by reference.
1.9. “Development Agreement Regulations” means MPMC Chapter 21.44.
1.10. “Development Agreement Statute” means Government Code §§ 65864, et seq.
1.11. “Discretionary Action(s)” or “Discreti onary Approval(s)” means a City action requiring the exercise of judgment, deliberation, or discretion on the City’s behalf, including that of any board, agency, commission, officer, or employee in the process of approving or disapproving a particular activit y, as distinguished from any mi nisterial activity which merely requires City to determine whether there has b een compliance with statutes, ordinances, or regulations.
1.12. “Effective Date” means the effective date of this Agreement and commencement of the Term, which is the date the Approving Ordinance becomes effective.
1.13. “General Plan” means the City of Monterey Park General Plan, as it exists as of the Effective Date.
1.14. “Ministerial Permits and Approvals" means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by the City in order for Developer to implement, develop and construct the Project and the mitigation measures including, without limitation, building permits, foundation permits, public works permits, grading permits, stockpile permits, encroachment permits, and other similar permits and approvals which are required by the MPMC and project plans and ot her actions required by the Project Approvals to implement the Project and the mitigation meas ures. Ministerial Permits and Approvals do not include any Discretionary Actions.
1.15. “Minor Change” means changes, modi fications, or adjustments which are consistent with the overall intent of the Projec t Approvals and which do not materially alter the overall nature, scope, or desi gn of the Project including, wit hout limitation, minor changes in locations of the Project buildings or infrastructu re, relocation of no more than 30% of the total approved Project building square footage, the c onstruction or provision of additional parking
4 spaces within the building envelope of any parki ng areas, and/or the conf iguration of internal circulation elements.
1.16. “Party” means, individually, and “Parties” means, collectively, the parties to this Agreement, consisting of City (and its successo rs and assigns) and the Developer (including, subject to the restrictions on assignment set forth herein, successor owners).
1.17. “Processing Fees” means all processing fees and charges required by City that are applied uniformly to all construction or development related activity including, without limitation, fees for land use applications , building permit applic ations, building permits, grading permits, shoring and excavation permits, hauling perm its, encroachment permits, demolition permits, subdivision or parcel maps, lot line adjustments, street vacati ons, inspections, certificates of occupancy, and plan check. Expressly exempted from Processing Fees are all Development Impact Fees that may be imposed by the City on development projects pursuant to laws enacted after the Effective Date of this Agreement.
1.18. “Project” means the development project identified as “1977 Saturn Data Center Project” as described in CEQA Determinati on (Exhibit “B”), and de tailed in the Approved Development Plan as shown on attached Exhibit “D,” which is incorporated by reference.
1.19. “Project Approvals” is defined in Section 3.4.
1.20. “Property” means the real property descri bed in attached Exhibit “A,” which is incorporated by reference.
1.21. “Subsequent Permits” is defined in Section 4.1.1.
1.22. “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 § 1 8944.5 and Title 24 of the California Code of Regulations. The Uniform Codes govern buildin g and construction standards including, without limitation, the building, plumbing, electrical, mechanical, grading, sign, and fire standards.
1.23. “Vested Rules” are defined in Section 3.1.
ARTICLE 2
GENERAL PROVISIONS
2.1. Property Subject to This Development Ag reement. This Agreement benefits and encumbers the Property. The Property is to be de veloped with the Project, i.e., the “1977 Saturn Data Center Project.”
5 2.2. Term of Agreement. The Term of this Agreement commences upon the Effective Date and continues in full force and effect for five years pursuant to MPMC § 21.44.020(E) unless terminated earlier by its terms (“Term”).
ARTICLE 3
APPLICABLE RULES, REGULATIONS, AND POLICIES
3.1. Vested Rules. “Vested Rules” mean, collectively, the ordinances, resolutions, rules, regulations, requirements, and official policies of the City in effect as of the Effective Date which govern and include, without limitation, the following, to the extent applicable to the Property:
development agreements; permitted uses; density and building intensity; growth control; zoning designations and regulations; la nd use designations, subdivi sion, improvement, grading, landscaping and signage; design, development, improvement, and construction standards and specifications; standards and requirements for public reservations and dedications, public improvements and facilities; transit, parking, open space, employee housing and affordable housing; standards and requirements for processing of Subsequent Permits (as defined in Section
4.1.1); Development Impact Fees and related rule s and calculations; and the Project Approvals described in Section 3.4. The Vested Rules do not include: (i) Uniform Codes, or changes thereto from time to time; (ii) Processing Fees; or (i ii) fees imposed by other governmental agencies, whether or not collected by the City on behalf of such agencies. A list of the Vested Rules as of the Effective Date is attached as Exhibit “C,” and incorporated by reference. Various Subsequent Permits, such as tentative subdivision maps, gr ading permits and use permits, are or may be required in order to implement the development of the Project under the terms of the Vested Rules.
In addition, Subsequent Permits, such as a change in zoning standards, may be desirable due to changes in development products or standards or for other reasons during the Term of this Agreement. This Agreement and the vested right to develop are not intended to preclude changes or additions to the Vested Rules which are mutu ally acceptable. Developer takes notice pursuant to Government Code § 66020(d) that City is im posing 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. Developer knowingly and willingly waives any rights it may have under G overnment Code § 66020 or any other provision of law to protest the imposition of any fees, dedications, reservations, or exactions imposed on the Project as authorized by this Agreement.
3.2. Uniform Codes Not Vested. Section 3.1 does not apply to City’s enforcement of the “Uniform Codes” regulating building or construction standards which will apply to the Project at the time City issues building permits.
3.3. Changes to the Vested Rules. All Subsequent Permits will be processed in accordance with the procedures, standards, and requirements set forth in the Vested Rules, except to the extent changes to the Vested Rules are proposed by the Subsequent Permit. In that case, the processing of the Subsequent Permit is not subject to the Vested Rules. Any approved Subsequent Permit will be incorporated into (and amend or supplement, as appropriate) the Vested Rules upon adoption by City and approval by the affected Developer. If Developer proposes any amendment
6 or addition to the Vested Rules, then the applic ation therefor will clearly indicate such request, and, if the application is approved by City, then City’s action will clearly state the Vested Rules were amended or supplemented. City must consider any such request in its sole discretion, without unreasonable delay or condition. If an amendment or supplement to the Vested Rules is adopted by City other than pursuant to an application by Developer, then it may amend or supplement the Vested Rules only if the affected Developer approved the same in writing.
3.4. Project Approvals. “Project Approvals” means: (a) this Agreement; (b) the CEQA Determination; (c) City approvals governing development of the Project; and (d) any amendments or additions to the Project A pprovals and any Subsequent Permits (as defined in Section 4.1.1) which are subsequently issued by City and appr oved by Developer of the affected Project or portion thereof, in accordance with the procedures described in Section 3.1. The Project Approvals are included in the Vested Rules. The permitted uses, the density or intensity of use, the zoning, the maximum height and size of buildings, the pr ovisions for reservation and dedication of land, and the subdivision or use permit improvement requirements for the Project are set forth in Exhibit “D,” as supplemented by Subsequent Permits issued in conformance with the Vested Rules.
3.5. Vested Right to Develop. During the Term of this Agreement, with regard to the Project listed in Recital C and the Property legally defined in Exhibit “A,” Developer is assured, and City agrees, the development rights, obligations, terms and conditions specified in the Project Approvals, the other Vested Rules, and this Agreement are fully vested in Developer and may not be changed or modified by City, whether by administrative action, legislative action, or vote of the electorate, except as may be expressly permitted by and in accordance with the terms and conditions of this Agreement, or as may be expressly consented to in writing by Developer.
Developer has the vested right to develop and c onstruct the Project on the Property, and dispose of the Property with vested rights, and each portion thereof, in accordance with the Project Approvals, the other Vested Rules, and this Agreement.
3.6. No Conflicting Enactments. During the Term of this Agreement, the City will not, without the prior written consent of Developer, do any of the following:
3.6.1 Apply to the Property, or any portion th ereof, any change in the Vested Rules or any new or amended rule, ordinance, resolution, regulation, requirement, or official policy which conflicts with or is inconsistent with th is Agreement, or which reduces the development rights provided by this Agreement, or which lim its or reduces the permitted uses allowed under the Vested Rules, or which discriminates against Developer or the Project or any portion thereof, or which applies only to the Project or a portion thereof;
3.6.2 Apply to the Property any new rule, ordinance, resolu tion, regulation, requirement, or official policy which requires any additional discretionary review or approval; or
3.6.3 Apply to the Property any new or am ended rule, ordinance, resolution, regulation, requirement, or official policy that ma terially, adversely affects the timing or phasing of construction or development or that limits the av ailability of utilities, infrastructure, or public services for the Property.
7 3.7. Term of Project Approvals. The term of any Project Approvals approved for any portion of the Property, whether existing or subsequently approved, will be automatically extended for the Term of this Agreement. In addition, in accordance with Government Code § 66452.6, the term of any map or other Project Approval will be extended for a period equal to any period of time during which: (a) a development moratorium exists including, without limitation, a water or wastewater moratorium, or the actions of public agencies (other than City) that regulate land uses, development or providing services to the Proper ty, that prevents, prohibits, or delays the construction of the Project; or (b) a lawsuit i nvolving any development approvals or permits for the Project is pending. A development moratorium adopted or implemented by City does not apply to the Property, as further described in Section 3.9.
3.8. Initiatives/Referendum. Any law enacted or imposed after the Effective Date by initiative or referendum, or by the City Council, directly or indirectly, in connection with any proposed initiative or referendum, which law would conflict with th e vested rights to develop granted to Developer under this Agreement will, to the maximum extent permitted by law, not apply to the Property.
3.9. Moratoria; Growth Control Measures. De veloper’s rights to develop the Property in conformance with the vested rights under th is Agreement prevails over any growth control measure or development moratorium adopted or implemented by City after the Effective Date, whether adopted specifically to prohibit construction of the Project or any portion thereof, or as an interim measure during the proces sing of contemplated General Plan, Specific Plan, or zoning changes, or as a general growth control management measure.
3.10. Effect of Inconsistent State or Federal Laws. This Agreement may be modified or suspended as may be necessary to comply with the State of California or Federal legislation, case law, codes, or regulations enacted/issued after the Effective Date, which preempt local jurisdiction and which prevent or preclude compliance with one or more provisions of this Agreement; provided, however, that such modification or su spension will be made to the minimum extent necessary and only after the Parties have met and conferred in good faith to determine the feasibility of such modification or suspension and to minimize its effect on the rights of the Parties and fulfillment of the purposes and intent of this Agreement. The Parties will cooperate to process applications for any City or governmental approvals which may be required as a result of any such modification or suspension of this Agreement.
3.11. Public Works. Developer must construct any facilities or improvements which will be dedicated to City or any other governmenta l agency upon completion in the same manner and to the same standards as would be applicable to City or such other governmental agency should it have undertaken construction.
3.12. Business Recovery Development Agreement Zone (“BRDZ”). This Agreement is intended to activate the BRDZ as set forth in the MPMC. Pursuant to MPMC Chapter 21.45, this Agreement allows for the following:
3.12.1 Land Uses. See Exhibit “D.”
8 3.12.2 Development Standards. See Exhibit “D.”
3.13. Agreement and Assurances on Part of the City. In addition to assurances provided in Section 3.5 of this Agreement, and in cons ideration for the Devel oper entering into this Agreement, and as an inducement for Developer to obligate itself to carr y out the covenants and conditions set forth in this Agreement, City agrees as follows:
3.13.1 Time Frames and Staffing for Proce ssing and Review. City agrees that expeditious processing of Minist erial Permits and Approvals and Discretionary Actions, if any, and any other approvals or actions required for the Project are critical to the implementation of the Project. In recognition of the importance of timely processing and review of Ministerial Permits and Approvals, City agrees to work with Develo per to establish time frames for processing and reviewing such Ministerial Permits and Approvals and to comply with time frames established in the Project Approvals. City agrees to expedi te all Ministerial Permits and Approvals and Discretionary Actions requested by Developer, provided that Developer agrees to pay any applicable fee for expedited review and processing time.
3.13.2 Interim Use. The City agrees that the Developer may use the Property during the term of this Agreement for any use that is otherwise permitted by the applicable zoning regulations and the General Plan in effect at the time of such interim use (subject to obtaining any Discretionary Action required for such use) or pursuant to any approvals, permits, other agreements between the City and the Developer, or other entitlements previously granted and in effect as of the Effective Date.
ARTICLE 4
PROCESSING OF SUBSEQUENT PERMITS AND APPROVALS
4.1. Subsequent Permits.
4.1.1 Defined. “Subsequent Permits” means the land use, development, and building approvals which are to be processed fo r approval by City and which are necessary or appropriate in order to devel op the Project in accordance with the Vested Rules, the Project Approvals, and this Agreement including, without limitation, zone changes, master plans or amendments thereto, any and all permits and/or approvals that are part of development maps, subdivision improvements plans and agreements, design review, site plans, landscape plans, preliminary grading plans, grading plans and permits, building plans and permits, and environmental determinations. The Subsequent Permits include any permits and approvals required to complete the infrastructure and improvements necessary to develop the Property (collectively, the “Improvements”), in accordance with this Agreement and the Vested Rules including, without limitation, those related to: (a) clearing the Property; (b) preliminary grading or grading of the Property; (c) construction of roads and storm drainage facilities; (d) construction of all commercial structures and all structures and facilities accessory thereto, subject to the limitations set forth in this Agreement. The grant of vested rights to Deve loper pursuant to this
9 Agreement does not waive or remove any requirem ent to process and obtain Subsequent Permits for the Project, to the extent required under the Vested Rules and the Project Approvals.
4.1.2 Standard of Review. City agrees app lications for Subsequent Permits will be processed in good faith and granted on term s and conditions in conformance with this Agreement, the Project Approvals, and the Vested Rules. In the event any conflict arises between the terms and conditions of a Subsequent Permit and this Agreement, the provisions of this Agreement prevail unless otherwise agreed to in writing by the City and the affected Developer.
4.2. Processing. Subject to compliance with the Vested Rules and other applicable laws, the Subsequent Permits will be reviewed, proce ssed, and acted upon by City, provided that: (a) applications for such approvals are submitted to City during the Term of this Agreement; (b) the applications are deemed complete pursuant to the Vested Rules; and (c) there is no uncured Event of Default under the terms and c onditions of this Agreement with respect to the portion of the Property for which such approval is sought. City agrees it will not unr easonably withhold, delay or unreasonably condition any Discretionary Ac tion or Discretionary Approval which may be issued by City in order for the Project to proceed, provided that De veloper reasonably and satisfactorily complies with all preliminary procedures, actions, payments of Processing Fees, and criteria generally required of developers by City for processing applications for developments and consistent with this Agreement.
4.3. Development Fees. Due to the considerati on and benefits as described in Section
5.1, the following apply to the development fees described below:
4.3.1 Development Impact Fees. Developer will pay fees established and adopted pursuant to the Mitigation F ee Act (Government Code §§ 66000, et seq .) and the MPMC, as detailed in Exhibit “E,” which are in effect on the date the City Council approves this Agreement.
Except for Processing Fees, Developer’s obligati ons regarding the payment of any fees in connection with the Project and Pr oject Approvals is limited to those Development Impact Fees listed in Exhibit “E.”
4.3.2 Processing Fees. Developer must pay the Processing Fees in effect on the date the City Council approves this Agreement.
4.4. Other Local, State, Federal Approvals. Th e Parties contemplate that development of the Project pursuant to this Agreement may be subject to the approval of other governmental agencies. The Parties will act in good faith and use reasonable effort and diligence to process and obtain such approvals in a manner and on terms and conditions that are consistent with, and implement, the Project Approvals, the Vested Rule s, and this Agreement. If any revisions or corrections of plans for Project Approvals approved by City are required by any other governmental agency, then the Parties will coop erate reasonably and in good faith to develop a mutually acceptable solution.
10 ARTICLE 5
PUBLIC BENEFITS
5.1. Public Benefits. The Parties acknowledge and agree that Developer’s agreement to perform and abide by the covenants and obligations set forth herein is material consideration for City’s agreement to perform and abide by the covenants set forth herein, including the following specific public benefits for this Agreement:
Development of a vacant and underutilized property in Saturn Park. Improvement of the public right-of-way along certain Property frontages. Installation of enhanced landscaping and lighting along certain Property frontages. Generation of reoccurring tax revenues for the City.
Public Open Space. Before the Building O fficial issues the final Certificate of Occupancy for the Project, Developer must provide to City a grant deed, that transfers fee title ownershi p, of approximately 39,900 square feet of land located along the Property frontage on Saturn Street and Orange Avenue, as identified in Exhibit “F,” for use as a publicly-accessi ble pocket park, that City will own and operate. Developer will c onstruct initial improvement s (including pedestrian pathway, lawn areas, bench seating, an en try monument, and a ssociated irrigated landscaping) for the pocket park in substa ntial conformance with the conceptual plan identified in Exhibit “F.” Developer will consult with City regarding final park design which must be approved by City in its reasonable discretion. Developer’s obligation under this provision is considered fully satisfied upon recordation of the aforementioned grant deed identifying the City as fee title owner of the land identified conceptually in Exhibit “F” and in the 1977 Saturn Data Center plans approved by the City on ________, 2025.
Public Trail Extension. Before the Building Official issues the final Certificate of Occupancy for the Project, Developer must deposit $200,000 with City to fund the design and construction of improvements, located in the public right-of-way and/or easement areas controlled by the City, to extend a segment of the existing pedestrian trail from La Loma Park, through the existi ng plant nursery, and along the west side of Orange Avenue, to th e access point of the new pocket park, as identified in Exhibit “G.” Developer’s obligation under this provision is considered fully satisfied upon deposit of $200,000 with the City. xxxxx
11 ARTICLE 6
REVIEW OF COMPLIANCE
6.1. Annual Review. The City will conduct revi ews in accordance with the MPMC to determine whether Developer is acting in good faith compliance with the provisions of this Agreement. Appropriate fees to cover City’s costs to conduct the annual review shall be collected from the Developer in compliance with the MPMC.
6.2. Procedure for Review. City’s City Planne r, or designee, will conduct the review contemplated by this Article 6 to ascertain wh ether 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 C ity Planner, or designee, will gi ve Developer notice that any such review has been commenced, and give Developer at least 20 days to provide the City Planner such information as Developer deems relevant to such review. In addition, upon written request of the City Planner, Developer must furnish such docum ents or other information reasonably requested by the City Planner.
6.3. Result of Review. If, following such a review, the City Planner, or designee, finds good faith compliance by Developer with the terms and conditions of this Agreement, the City Planner, or designee, will issue to Developer an executed certificate of compliance. The certificate of compliance will state: (a) th e Agreement is unmodified and in full force and effect (or identifying any modifications); (b) there are no uncured defaults under the Agreement by the certifying Party or, to the certifying Party’s knowledge, by any other Party (or specifying any such defaults); and (c) any other information reasonably requested regarding the status of the Agreement and performance by the Parties.
If, following such a review, the City Planner, or designee, finds that Developer has not complied in good faith with the terms and conditions of the Agreement, the City Planner, or designee, will provide notice to Developer deta iling such non-compliance. Upon receipt of such notice, Developer may commence to cure the stated non-compliance in accordance with the terms of this Agreement, including without limitation S ection 8.3. If Developer fails to cure the non- compliance pursuant to the terms of this Agreement, including without limitation Section 8.3, the City Planner, or designee, will notify the City Council. Develope r has the ability to dispute any such claim of non-compliance or failure to cure at a public hearing before the Agreement may be modified or terminated.
12 ARTICLE 7
ASSIGNMENTS; MORTGAGEE PROTECTION
7.1. Right to Assign
7.1.1 Right to Assign. Subject to Section 7.2 of this Agreement with respect to the rights of a mortgagee, Devel oper may assign or transfer any porti on of its interests, rights, or obligations (“Rights”) under th is Agreement and under the Project Approvals and Subsequent Approvals to third parties acquiring successor inte rests in the Project or Property, or any portion thereof, including without limitation purchasers or long-term ground lessees of the parcels or facilities located on or within the Property.
7.1.2 Assumption of Assigned Obligations and Rights. As a condition to any assignment or transfer under this Agreement, any person or en tity accepting such Assignment (“Assignee”) must assume all of the obligations and rights of this Agreement as they pertain to the portion of the Property being transferred to the Assignee.
7.2. Right to Mortgage. Developer or su ccessor owners may assign, pledge, or otherwise encumber their rights and interests un der this Agreement for security purposes to a mortgagee of any defined lot(s) without City’s consent. Nothing contained in this Agreement restricts Developer from encumbering all or any portion of the Property with a mortgage, deed of trust, or other security device (collectively, “Mortgage”). No breach of this Agreement will default, render invalid, diminish, or impair the lien of any Mortgage or the rights of any mortgagee, but all of the terms and conditions of this Agreement are binding upon and effective against any person, including any mortgagee or any person, who acquires title to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu for defa ults or monetary obligations arising before its acquisition of title to the Property or portion thereof.
7.3. Notice of Default. If City receives writt en notice from a mortgagee requesting a copy of any notice of default given to Developer and specifying the addre ss for service thereof, then City will deliver to such mortgagee, concurrently with the delivery to Developer, any notice given to Developer with respect to any claim by City that such Developer is in default hereunder.
If City makes a determination of noncompliance hereunder and a mortgagee has requested notice of such determination, City w ill also serve notice of such noncompliance on such mortgagee concurrently with service on Developer. Each mortgagee may, without obligation, during the same period available to Developer he reunder, cure or remedy, or co mmence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in City’s notice.
ARTICLE 8
DEFAULT; REMEDIES
8.1. Events of Default. Subject to th e provisions of Section 10.17 regarding Unavoidable Delays, Section 7.1 regarding assignment and assumption, and Section 7.2 regarding
13 mortgagee protection, the failure by any Party to pay any sum or to perform any obligation required under this Agreement, including, without limitation, City's failure to issue Subsequent Permits for the Project in conformance with this Agreement, and such Party's failure to cure such default within the specified cure period after receipt of a Notice of Default pursuant to Section 8.2 below, constitutes an "Event of Default" under this Agreement. Except as otherwise provided in Section
4.2, failure by Developer to construct or delay in constructing the Project or any portion thereof shall not be a default or Event of Default under this Agreement, and Developer is not liable to City for damages for failure to construct any portion of the Project.
8.2. Notice of Default and Cure. Any Party claiming a default under this Agreement must deliver to the defaulting Party a written no tice of default ("Notice of Default"). The Notice of Default must specify the reasons for the allega tion of default with reasonable particularity and the manner in which the default can be cured. The defaulting Party has the right to cure the default within 30 days after receiving the Notice of Defau lt; provided, however, that if the nature of the alleged default is such that it cannot be reasonably cured within 30 days, then the 30-day period will be extended for the time reasonably required to complete the cure, so long as the defaulting Party commences the cure within the 30-day period and diligently prosecutes the cure to completion thereafter.
8.3. Procedure Upon an Event of Default. After the occurrence of an Event of Default, the other Party may give notice of its intent to terminate this Agreement pursuant to Government Code § 65868 and the MPMC implementing said section. Following notice of intent to terminate, or before instituting legal proceedings, the matter must be scheduled for consideration and review at a public meeting of the City Council within 30 days after that notice. Following consideration of the evidence presented in the review before th e City Council, the Party alleging the default by the other Party may institute legal proceedings or may give written notice of termination of this Agreement to the other Party; provided, however , Developer may only terminate this Agreement with respect to such portion of the Property th en owned by Developer. Evidence of default may also arise in the course of an annual review of this Agreement pursuant to Section 6.1. If Developer is determined by City to be in default pursuant to the procedures for annual review, and after giving effect to Developer's right of appeal of such determination to the City Council as provided in Section 6.3, then City may give a written Notice of Default pursuant to Section 8.1. If the alleged default is not cured within the cure period set forth in Section 8.2 or within such longer period specified in City’s Notice of Default, or if Developer waives its right to cure such alleged default in writing, then this Agreement may be terminat ed by City with respect to the portion of the Property then owned by the defaulting Developer.
8.4. Remedies for Non-Defaulting Party. If either Party is in default under the terms of this Agreement, the other Party may elect to pur sue any of the following courses of action: (i) waive such default; (ii) pursue administrative remedies as provided in this Agreement; (iii) pursue any judicial remedies available under the law; or (iv) terminate this Agreement.
8.4.1 Unless otherwise provided in this Agr eement, either Party, in addition to any other rights or remedies, may institute legal action to cure, correct, or remedy any default by the other Party to this Agreement, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation hereunder or to seek specific performance. All remedies
14 available to a Party under this section are cumu lative and not exclusive of the other, and the exercise of one or more of these remedies does not constitute a waiver or election with respect to any other available remedy. In general, each of the Parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, including without limitation specific performance, except that City is not liable in damages to Developer, or to any successor in interest of Developer, or to any other person, in connection with this Agreement and Developer, on behalf of itself and all succes sors in interest, covenants not to sue for damages or claim any damages with respect to this Agreement:
(a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or
(b) For the taking, impairment or restricti on of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
Notwithstanding anything to the c ontrary in this Section 8.4 or any other provision of this Agreement, in no event is City entitled to special, consequential or punitive damages or damages measured by lost profits against Developer with respect to any breach or default by Developer of this Agreement.
8.4.2 Informal Discussions. With regard to any dispute between or among the Parties contemplated by this Agreement, within seven business days written notice from ether Party, the City Manager and Developer’s senior executives must meet and attempt in good faith to resolve any such disputes through informal di scussions, which discussions will not exceed 10 business days unless extended by mutual agreement.
8.5. Mediation. If the Parties ar e unable to resolve their dispute through informal discussion, then either Party may commence mediation by providing to JAMS (or other mediator mutually agreed to by the Parties) and the other Party a written request for mediation, setting forth the subject of the dispute and the relief requested. The Parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The Parties covenant that they will participate in all phases of the mediation in good faith. The mediation process will occur in two phas es, if necessary, as de scribed below. During the first phase of the mediation, which in no event will exceed 30 days unless otherwise agreed to by the Parties, the Parties will attempt to resolve their dispute in accordance with JAMS standard mediation procedures. If the Part ies are unable to resolve their dispute during this first phase of the mediation process, then the second phase of the mediation process will be conducted in a manner consistent with this Sect ion. If the Parties are unable to resolve their dispute through the first phase of mediation, as described above, the party that commenced mediation (the “Complaining Party”), will have 10 business days from the expiration of the 30 day period described above to file a brief with the other party (the “Responding Party”) and with the mediator presiding over the first phase of the mediation process (the “Mediator”), which brief must set forth the merits of the Complaining Party’s position regarding the issues raised during the first phase of mediation (the “Initial Brief”). The Responding Party will have 10 business days from its receipt
15 of the Initial Brief to file a brief with the Mediator and the Complaining Party responding to the issues raised in the Initial Brief and setting fo rth the merits of the Responding Party’s position regarding the issues raised dur ing the first phase of mediati on (the “Responding Brief”). The Complaining Party will have five business days from its receipt of the Responding Brief to file a reply brief with the Mediator and the Responding Part y replying to the issues raised in the Responding Brief (the “Reply Brief”). In no event will the Initial Brief and the Responding Brief be longer than 15 pages and in no event will the Reply Brief be longer than 10 pages. Except as otherwise set forth in this Section, the Initial Brief, the Responding Brief and the Reply Brief will be formatted in accordance with requirements of Rule 3.1110 of the California Rules of Court, unless otherwise agreed to by the Parties. The Mediator will have two weeks following its receipt of the Reply Brief to consider the arguments set forth by the Complaining Party and the Responding Party in their respective briefs and issue an opinion stating which party the Mediator would consider to be the prevailing party if the Mediator were a judge presiding over the dispute in a court of law (the “JAMS Opinion”).
8.5.1 All offers, promises, conduct and statements, including the JAMS Opinion, whether oral or written, made in the course of the mediation by any of th e Parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Notwithstanding the fore going, the JAMS Opinion will se rve as the basis solely for determining whether, in the event a dispute between the Parties is litigated, either party will be awarded Attorneys’ Fees (as defined in Section 8.5.3) in accordance with this Agreement.
8.5.2 Nothing in this Article will in any way be interpreted as requiring that Developer and City and/or City’s designee reach agreement with regard to those matters being addressed, nor will the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to in writing by the Parties to such meetings. Notwithstanding the forgoing, the JAMS Opinion will be binding on the Parties solely for the purposes of determining whether, in the event a dispute between or among the Parties is li tigated, either party will be awarded Attorneys’ Fees (as defined in Section 8.5.3) in accordance with this Agreement.
8.5.3 Should any judicial remedy be sought by any party because of any default under this Agreement or to enforce any provision hereof, or to obtain a declaration of rights hereunder (each individually a “Judicial Action”), the prevailing party in such Judicial Action is entitled to reasonable attorney’s fees, court costs and such other costs as may be fixed by the court (collectively, “Attorneys’ Fees”), provided the pr evailing party in the Judicial Action was also determined to be the prevailing party in the JAMS Opinion. For purposes of this Agreement, Attorneys’ Fees will be calculated from the start of the first phase of mediation and will include all reasonable costs related to the first and second phases of mediation. If the prevailing party in a Judicial Action was determined to be the losing pa rty in the JAMS Opinion, then each party will assume the cost of their own Attorneys’ Fees. Not in limitation of the foregoing, the Parties will assume their own costs related to the informal dispute resolution process described above.
8.6. Extension of Agreement Term. The Term of this Agreement as set forth in Section
2.2 will automatically be extended for the period of time in which the Parties are engaged in dispute
16 resolution to the degree that such extension of the Term is reas onably required because activities which would have been completed before the expiration of the Term are delayed beyond the scheduled expiration of the Term as a direct result of such dispute resolution.
ARTICLE 9
AMENDMENTS; TERMINATION
9.1. Amendments. Except as set forth in Section 3.1, this Agreement may be modified, amended and/or extended only by mutual written c onsent of the Parties and must be approved in the same manner as adoption of this Agreement, by ordinance as set forth in the Development Agreement Statute.
9.2. Operating Memoranda. The Parties acknow ledge 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 perf ormance for those items covere d in general terms under this Agreement. If and when, from time to time, the Parties find that refineme nts 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.
9.3. 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 hear ing will be appropriately given.
Any significant modification to the terms of performance under this Agreement will be processed as an amendment of this Agreement in accordance with this Agreement and must be approved by the City Council.
9.4. Effect of Expiration/Termination. U pon expiration or term ination of this Agreement: (a) no Party has any fu rther rights or obligation he reunder except for matters which accrued before such expiration or termination and matters which specifically survive expiration or termination under the express te rms of this Agreement; (b) th e underlying Project Approvals remain in full force and effect; and (c) the under lying zoning for the Property (absent the BRDZ) becomes effective automatically upon termination without any further action required by the City.
Developer may, in its sole discretion, terminate this Agreement at any time, without claim of default by the City, if Developer decides not to exercise the Project Approvals and/or develop the Project.
17 ARTICLE 10
MISCELLANEOUS
10.1. Insurance. Before the commencement of any work, Developer must furnish evidence to City that all of the following insurance requirements have been satisfied.
10.2. General. Developer must, throughout the duration of this Agreement, maintain, or cause to be maintained, the insurance specified below, to insure Developer and its employees for liability arising out of the work in connection with the Property, Project and this Agreement at the minimum levels set forth herein, with City being an additional insured on the CGL (as defined in Section 10.2.1) and excess or umbrella liability insurance.
10.2.1 Commercial General Liability. Comme rcial General Liability (“CGL”) insurance with coverage in an amount not less than $2,000,000.00 general aggregate, $2,000,000.00 per occurrence and $2,000,000.00 products/com pleted operations, and including contractual liability insurance for the indemnification heretofore provided to City (subject to the policy terms, conditions, definitions and exclusions).
10.2.2 Business Auto Coverage. Business Auto mobile Liability insurance with coverage in an amount not less than $1,000,000.00 pe r accident for bodily injury and property damage, covering all vehicles used by the Deve loper (personal, company) and its employees, on or within the Project or Property or associated therewith.
10.2.3 Excess or Umbrella Liability Insura nce (Over Primary Coverage). Such excess coverage must be at least as broad as the underlying coverage and be provided on a “pay on behalf” basis. The excess or umbrella coverage can be not less than $5,000,000.00 per occurrence/annual aggregate.
10.2.4 Workers’ Compensation. Coverage must be maintained as required by the State of California.
10.2.5 Insurance Coverage to be Maintain ed by Developer’s Contractors and Subcontractors. Developer must require by contract that its contractor s and subcontractors maintain the same CGL, business auto, excess or umbrella liability and workers’ compensation insurance as set forth in Sections 10.2.1 through 10.2.4, inclusive, hereof, except that the required minimum limits for the CGL coverage will be $2,000,000.00 general aggregate, $2,000,000.00 per occurrence and $2,000,000.00 products/completed operatio ns, with excess or umbrella liability insurance in the amount of $2,000,000.00 per occurrence/annual aggregate. The CGL policy must include contractual liability insurance (subject to the policy terms, conditions, definitions and exclusions).
10.3. Construction; Interpretation. This Agreem ent has been reviewed and revised by legal counsel for Developer and the City, and no presumption or rule that ambiguities may be construed against the drafting party apply to the interpretation or enforcement of this Agreement.
18 10.4. Agreement Constitutes Legislative Act. Developer acknowledges and agrees that City has approved and entered into this Agreement in the sole exercise of its legislative discretion and that the standard of review of the validity and meaning of this Agreement will be that accorded legislative acts of City.
10.5. Cooperation; Further Assurances. Each Party will: (a) deal fairly and in good faith with the other Party; (b) not impede the other Party’s right to receive the benefits of this Agreement; (c) cooperate with and provide reas onable assistance to th e other Party in the performance of this Agreement; and (d) execute su ch documents or take such further actions as may be reasonably necessary to consummate the performance or to carry out the purpose and intent of this Agreement.
10.6. Counterparts. This Agreement, and any documents implementing this Agreement, may be executed in multiple counterpart originals, each of which is deemed to be an original and all of which when taken together shall constitute one and the same instrument.
10.7. Entire Agreement. The Recitals set forth above in this Agreement and the Exhibits attached hereto are incorporated by references into this Agreement as an integrated portion hereof.
This Agreement, including all such Recitals and Exhibits, constitutes the entire agreement of the Parties regarding the subject matter hereof, and all prior or contemporaneous agreements and understandings, whether written or oral, are superseded.
10.8. Governing Law/Jurisdiction. This Agreem ent shall be governed, construed and enforced in accordance with the laws of the State of California, and the state courts of Los Angeles County have jurisdiction.
10.9. Legal Challenges—Defense and Indemnification.
10.9.1 Cooperation in the Event of a Legal Challenge.
In the event of any administrative, legal or equitable action or other proceeding instituted by any person or entity not a party to the Agre ement challenging the validity of any provision of this Agreement; challenging any agreement between City and other government agencies entered into at the request of Developer to facilitate the development of the Property; challenging any of the Project Approvals; or challeng ing the sufficiency of any envir onmental review of either this Agreement or any Project Approval under CEQA ( each a “Third Party Challenge”), each Party must cooperate in the defense of such Third Pa rty Challenge, in accordance with this Section. In light of the Parties’ mutual interests in successfully defending against a Third Party Challenge, the Parties will enter into a joint nondisclosure, indemnity, and litigat ion defense agreement, which, among other things, will require all communica tions between Developer and City concerning a Third Party Challenge must be ke pt confidential and cannot be di sclosed by either Party without the written consent of the other Party. Developer agrees to pay C ity's costs of defending a Third Party Challenge, including all court costs and reasonable attorney’s fees expended by City (including the time and cost of the City Attorney) in defense of any Third Party Action, as well as the time of City's staff spent in connection with such defense. Developer may select its own legal
19 counsel to represent Developer’s interests in any Third Party Cha llenge at Developer’s sole cost and expense. City agrees that it will not ente r into a settlement agreement to any Third Party Challenge without Developer’s written consent. Developer’s obligation to pay City's costs in the defense of a Third Party Challenge does not ex tend to those costs incurred on appeal unless otherwise authorized by Developer in writing. If Developer elects, in its sole and absolute discretion, not to contest such litigation challeng es, City does not have a ny obligation to contest such challenges. If City elects to contest such challenges after Developer elects not to contest, City will do so at its sole cost.
10.9.2 Third Party Challenges Related to the Applicability of City Laws.
The provisions of this Section will apply only in the event of a legal or equitable action or other proceeding, before a court of competent jurisdiction, instituted by any person or entity not a party to this Agreement challenging the applicabili ty to the Project or Property of a conflicting City law (a “Third Party Enforcement Action”):
10.9.3 Cooperation in Case of a Third Party Enforcement Action.
In the event of a Third Party Enforcement Action, City must (i) promptly notify Developer of such action or proceeding, and (ii) cooperate with Developer so as to most effectively respond to the Third Party Enforcement Action. In no event will City take any action that would frustrate, hinder, or otherwise complicate Developer’s effo rts to respond. The Parties to this Agreement agree to cooperate, to the maximum extent perm itted by law, in the defense of such action or proceeding. For purposes of this Section, the requ ired cooperation between the Parties includes, without limitation, developing litigat ion strategies, preparing litigation briefs and other related documents, conferring on all aspects of the litigation, developing settlement strategies, and, to the extent permitted by law, jointly making significan t decisions related to the relevant litigation, throughout the course thereof. In light of the Pa rties’ mutual interests in successfully defending against a Third Party Enforcement Action, all communications between Developer and City concerning a Third Party Enforcement Action must be kept confidential and cannot be disclosed by either party without the written consent of the other party.
10.9.4 Litigation Costs.
City's costs of defending any Third Party En forcement Action, including all court costs, and reasonable attorney’s fees expended by City (including the time and cost of the City Attorney) in defense of any Third Party Enforcement Action, as well as the time of City's staff spent in connection with such defense (t he “Enforcement Action Defense Costs”), will be paid in accordance with this Agreement. Notwithstanding the forgoing, in no event will the Enforcement Action Defense Costs extend to, nor will Developer or the Project be obligated to pay, any costs incurred on appeal unless otherwise authorized by Developer in writing.
10.9.5 Settlement.
City must not enter into a se ttlement agreement or take any other action to resolve any Third Party Enforcement Action without Devel oper’s written consent. City cannot, without
20 Developer’s written consent, take any action that would frustrate, hinder or otherwise prevent Developer’s efforts to settle or otherwise resolve any Third Party Enforcement Action.
10.9.6 Effect of a Judgment.
Provided that City complies with this Section and provided that Developer is a party to the relevant Third Party Enforcement Action, Deve loper agrees to be bound by any final judgment (i.e., following all available appeals) arising out of a Third Party Enforcement Action and further agrees that no default under this Agreement will arise if such final judgment requires City to apply to the Project or Property a City law that conflicts with applicable law or this Agreement.
10.9.7 Defense and Indemnity.
Developer must defend and indemnify City from and against any and all damages, claims, costs and liabilities arising out of the personal injury or death of any third party, or damage to the property of any third party, to the extent such damages, claims, costs or liabilities result from the construction of the Project by Developer or by Developer’s contractors, subcontractors, agents or employees. Nothing in this Section will be cons trued to mean that Developer must defend or indemnify City from or against any damages, claims, costs or liabilities arising from, or alleged to arise from, activities associated with the maintenance or repair by City or any other public agency of improvements that have been offered for de dication and accepted by City or such other public agency or for any other public improvements constr ucted by City or constructed by Developer at direction of City. City and Developer may from time to time en ter into subdivision improvement agreements, as authorized by the Subdivision Map Act, which agreements may include defense and indemnity provisions different from those contained in this Section. In the event of any conflict between such provisions in any such subdivision improvement agreement and the provisions set forth above, the provisions of such subdivision improvement agreement will prevail.
10.9.8 Effect on Term. The Term of this Agreement will be tolled from the initiation of any litigation until final court action is taken in such litigation.
10.10. Notices. All notices, demands, corres pondence and communications ("Notice") shall be in writing and shall be either personall y delivered or sent by certified mail, postage prepaid, return receipt requested, or delivered by a nationally recognized overnight courier service (which provides a delivery receipt), at the addresses set forth below. Any such Notice will be deemed received on the date of personal delivery or on the date of receipt (or refusal to accept delivery) set forth in the certified mail receipt if sent by U.S. mail or in the receipt provided by the overnight courier service if sent by such servic e. Any Party may at any time, by giving 10 days' written notice to the other Party, designate any other address in substitution of the address, or any additional address, to which such notice or communication must be given.
City: City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754
Attn: Ms. Inez Alvarez, Cit
y Manager
21 with a copy to: Burke, Williams & Sorensen LLP
444 South Flower Street, 40th Floor
Los Angeles, CA 90071
Attn: Mr. Karl H. Ber ger, City Attorney
Developer: HMC StratCap 1977 Saturn, LLC
30 Rockefeller Plaza, Suite 2050
New York, NY 10112
Attn: Mr. Bryan Marsh, Managing Director,
North America
with a copy to: Sheppard, Mullin, Richter & Hampton, LLP 650 Town Center Drive, 10
th Floor
Costa Mesa, CA 92626
Attn: Mr. James E. Pu
gh, Partner
10.11. Private Undertaking. It is expressly understood and agreed by the Parties the development contemplated by this Agreement is a private development, no Party is acting as the agent of any other Party in any respect hereund er, and Developer has full power and exclusive control over its properties subject only to the limitations an d obligations of Developer under the Vested Rules and this Agreement. Nothing cont ained in this Agreement or in any document executed in connection with this Agreement will be construed as making City and Developer joint venturers or partners.
10.12. Recordation. City will cause this Agreement to be recorded with the Los Angeles County Recorder within 10 days after the Effective Date, pursuant to Development Agreement Statute § 65868.5. Thereafter, if th is Agreement is terminated, modified or amended as provided herein, the City will record notice of such action with the Los Angeles County Recorder.
10.13. Section Headings. Article and Section headings in this Agreement are inserted for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Agreement.
10.14. Severability. If any provision or term of this Agreement, or the application of any provision or term of this Agreement to any partic ular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, then the remainder of the Agreement is unaffected and will remain in full force and effect unle ss enforcement of the Agreement, with such invalidation, would be unreasonable or inequitable under the circumstances or would frustrate the purposes of the Agreement or the rights and obligations of the Parties thereunder.
10.15. Successors and Assigns; Covenants R unning with the Land. Subject to the provisions of Section 7.1 governing assignment, the rights and obligations of Developer under this Agreement will be binding upon and inure to the benefit of successor owners of all or any portion of the Property and shall be covenants running with the land.
22 10.16. Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns, including the owners. No other person has any right of action based upon any provision of this Agreement.
10.17. Unavoidable Delays or Events. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to war, te rrorism, pandemic, insurrection, riots, fl oods, earthquakes, fi res, casualties, governmental restrictions imposed or mandated by governmental entities (but only as to delays or performance by Developer), enactment of conflicting state or federal laws or regulations (but only if the Party claiming delay complies at all times with the provisions of this Agreement pertaining to such conflicting laws), litigation against th is Agreement or any of the Project Approvals, referendum of this Agreement or any of the Pr oject Approvals or similar bases for excused performance ("Unavoidable Delay" or "Unavoi dable Event"). Upon the occurrence of an Unavoidable Event, the time for performance will be extended, for the duration of the Unavoidable Delay. Notwithstanding the foregoing, none of th e following constitutes an Unavoidable Event:
(i) delays caused by market forces beyond the Part ies’ control; (ii) delays caused by the delay or failure by any entity other than the Party claiming such delay to provide financing for construction of the Project or any portion thereof; (iii) delays re lated to the cost or unavailability of financing, construction contractors, consulta nts, or labor; or (iv) delays related to economic conditions locally, regionally, statewide, nationwide, or worldwide.
10.18. Waiver. No waiver of any provision of this Agreement is effective unless it is in writing and signed by a duly authorized representative of the Party against whom enforcement of the waiver is sought. No waiver of any right or remedy is deemed a waiver of any right or remedy with respect to any other occurrence or event.
10.19. Estoppel Certificate. The City will, at any time and within 60 days following the written request of the Developer, certify in wr iting to the Developer and any applicable and prospective transferee that (a) this Agreement is in full force and effect and a binding obligation of the Parties; (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments and modifications; a nd (c) the Developer is not in default in the performance of its obligations under this Agreement or, if in default, to describe the nature and extent of any such default. Any such estoppel certificate may be administratively issued by the City Manager, or designee.
10.20. 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.
23 IN WITNESS WHEREOF, the Parties have exec uted this Development Agreement to be effective as of the Effective Date first set forth above. “CITY”
CITY OF MONTEREY PARK
a municipal corporation
Dated: __________________, 2025 By: _____________________________ Ms. Elizabeth Yang, Mayor
ATTEST:
________________________
Ms. Maychelle Yee, City Clerk
APPROVED AS TO FORM:
By: __________________________
Mr. Karl H. Berger, City Attorney
“DEVELOPER”
HMC STRATCAP 1977 SATURN, LLC
a Delaware limited liability company
Dated: __________________, 2025 By: _____________________________ Mr. Bryan Marsh, Managing Director,
North America
APPROVED AS TO FORM:
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
By: _________________________
Mr. James E. Pugh, Partner
Developer’s Attorney
16826.1:10031991.1 EXHIBIT A
Exhibit A:
The Property
The Property referred to herein below is situated in the City of Monterey Park, County of Los Angeles, State of California, and is described as follows:
PARCEL 1:
PARCEL 5 OF THE PARCEL MAP NO. 7972, IN THE CITY OF MONTEREY PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 80 PAGES 45 AND 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPTING ALL OIL, GAS, HYDROCARBON SUBSTANCES RESERVED IN THE DEED RECORDED APRIL 8, 1977 AS INST RUMENT NO. 77-354323, RECORDS OF LOS ANGELES COUNTY.
ALSO EXCEPTING ALL OIL, GAS, H YDROCARBON SUBSTANCES, AND ALL MINERALS OF EVERY KIND, NATURE AND DESCRIPTION BEING MORE THAN 500
FEET BELOW THE SURFACE OF THE REAL PROPERTY WITHOUT THE RIGHT OF
ENTRY FOR ANY PURPOSE WHATSOEVER UPON, OVER OR INTO THE SURFACE OR 500 FEET OF THE SURFACE OF THE REAL PROPERTY, AS RESERVED BY LOWRY B.
MCCASLIN AND PAULINE C. MCCASLIN , HUSBAND AND WIFE AND MCCASLIN
PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP, BY DEED RECORDED DECEMBER 10, 1985 AS INSTRUMENT NO. 85-1456239, OFFICIAL RECORDS.
PARCEL 2:
LOTS 1, 2, 3 AND 16 OF TRACT NO. 33910, IN THE CITY OF MONTEREY PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 909 PAGES 76 TO 79 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPTING ALL OIL, GAS, H YDROCARBON SUBSTANCES, AND ALL MINERALS OF EVERY KIND, NATURE AND DESCRIPTION BEING MORE THAN 500
FEET BELOW THE SURFACE OF THE REAL PROPERTY WITHOUT THE RIGHT OF
ENTRY FOR ANY PURPOSE WHATSOEVER UPON, OVER OR INTO THE SURFACE OR 500 FEET OF THE SURFACE OF THE REAL PROPERTY, AS RESERVED BY LOWRY B.
MCCASLIN AND PAULINE C. MCCASLIN , HUSBAND AND WIFE AND MCCASLIN
PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP, BY DEED RECORDED DECEMBER 10, 1985 AS INSTRUMENT NO. 85-1456239, OFFICIAL RECORDS.
For conveyancing purposes only: APN 5265-026-054
16826.1:10031991.1 EXHIBIT A
The Property is depicted on the map below, for reference only:
16826.1:10031991.1 EXHIBIT B
Exhibit B
CEQA Determination
The CEQA Determination includes the following environmental review documents:
1. Initial Study/Mitigated Negative Declaration for the 1977 Saturn Data Center Project, State Clearing House No. 2024101397, October 31, 2024
2. Appendix A-1: Air Quality Analysis Memorandum
3. Appendix A-2: Offsite Improvements for Southern California Edison Service
4. Appendix B: Health Risk Assessment Memorandum
5. Appendix C: Tree Evaluation Report
6. Appendix D: Cultural Resources Assessment
7. Appendix E: Energy Calculations
8. Appendix F: Geotechnical Investigation
9. Appendix G: Greenhouse Gas Emissions Analysis Memorandum
10. Appendix H: Phase I Environmental Site Assessment
11. Appendix I: Water Resources Technical Report
12. Appendix J: Noise and Vibration Analysis Memorandum
13. Appendix K: Transportation Analysis and Vehicle Miles Traveled Screening Memorandum
14. Appendix L: Assembly Bill 52 Communications
15. Appendix M-1: Water and Sewer Infrastructure Report
16. Appendix M-2: Water Efficiency Memorandum
17. Final Mitigated Negative Declaration for the 1977 Saturn Data Center Project
16826.1:10031991.1 EXHIBIT C
Exhibit C
Vested Rules
Vested Rules include all provisions, as they exist as of the Effective Date, of the Monterey Park General Plan, Monterey Park Municipal Code, and any other ordinances, resolutions, rules, regulations, requirements, and official policies governing:
Development agreements; permitted uses; density and building intensity; growth control; zoning designations and regulations; land use designations, subdivision, improvement, grading, landscaping and signage; design, development, improvement, and construction standards and specifications; standards and requirements for public reservations and dedications, public improvements and facilities; transit, parking, open space, employee housing and affordable housing; standards and requirements for processing of Subsequent Permits (as defined in Section 4.1.1); Development Impact Fees and related rules and calculations (as defined in Section 1.8); and the Project Approvals described in Section
3.4. For avoidance of doubt, Vested Rules do not include: (i) Uniform Codes (as defined in Section
1.22), or changes thereto from time to time; (ii) Processing Fees (as defined in Section 1.17); or (iii) fees imposed by other governmental agencies, whether or not collected by the City on behalf of such agencies.
16826.1:10031991.1 EXHIBIT D
Exhibit D
Approved Land Use and Development Standards
SUMMARY:
Per Section 3.12 of this Agreement, the BRD Z is activated to permit the following land uses and development in accordance with the following development standards.
PERMITTED LAND USES:
The Property will be used fo r a data center with an ancillary equipment yard, substation, parking, and landscaping.
INTENSITY OF USE:
The Project involves the development of a da ta center with gross to tal building area of approximately 247,480 square feet on an approxi mately 15.8-acre site. The proposed Floor Area Ratio (“FAR”) is 0.359.
DEVELOPMENT STANDARDS:
Lot Size (minimum)
Pursuant to applicable Monterey Park Municipal Code (MPMC) provisions and/or the development standards identified in the 1977 Saturn Data Center plans approved on ________, 2025, whichever is more permissive
Setbacks (minimum)
Pursuant to applicable MPMC provisions and/or the development standards identified in the 1977 Saturn Data Center plans approved on ________, 2025, whichever is more permissive
Building Height (maximum)
52 ft. pursuant to the City’s average grade plane measurement methodology; or the maximum height of any structure identified in the 1977 Saturn Data Center plans approved on ________, 2025, whichever is more permissive
Floor Area Ratio (maximum)
Pursuant to applicable MPMC provisions (0.60 FAR) and/or the development standards identified in the 1977 Saturn Data Center plans (0.359 gross FAR; or 0.405 net FAR) approved on ________, 2025, whichever is more permissive
Off-Street Parking and Loading
68 parking spaces
Required Walls
Pursuant to applicable MPMC provisions and/or the development standards identified in the 1977 Saturn Data Center plans approved on ________, 2025, whichever is more permissive
Trash Facilities
Pursuant to applicable MPMC provisions and/or the development standards identified in the 1977 Saturn Data Center plans approved on ________, 2025, whichever is more permissive
16826.1:10031991.1 EXHIBIT D
Buffering and Maintenance of Landscaping and Easements
Pursuant to applicable MPMC provisions and/or the development standards identified in the 1977 Saturn Data Center plans approved on ________, 2025, whichever is more permissive
Compressors, Air-Conditioning Units or Similar Mechanical Equipment Pursuant to the development standards identified in the 1977 Saturn Data Center plans approved on ________, 2025
Lighting
Pursuant to applicable MPMC provisions and/or the development standards identified in the 1977 Saturn Data Center plans approved on ________, 2025, whichever is more permissive
Limitations on Permitted Uses
All uses permitted in MPMC §§ 21.14.040 and 21.14.220, as amended by Ordinance No. _____, including but not limited to equipment yards and substations as accessory uses to the permitted primary data center use, and any other accessory uses identified in the 1977 Saturn Data Center plans approved on ________, 2025
(SEE ATTACHED BUILDING & SITE DEVELOPMENT PLANS)
16826.1:10031991.1 EXHIBIT E
Exhibit E
Fee Estimate4
Development Impact Fee (“DIF”)
Rate Sq. Ft. Fee
Police $ 0.050 247,480 $ 12,374.00
Fire $ 0.019 247,480 $ 4,702.12
Circulation S
ystem (Streets, Signals, and Bridges) $ 1.305 247,480 $ 322,961.40 Water $ 0.386 247,480 $ 95,527.28
Sewer $ 0.069 247,480 $ 17,076.12
Library $ - 247,480 $ -
Public Meeting Facilities $ - 247,480 $ -
Aquatics $ - 247,480 $ -
Parks $ 0.032 247,480 $ 7,919.36
Total Development Impact Fees $ 1.861 247,480 $ 460,560.28
Plan Check Fees
Buildin
g Building/Electrical/Mechanical/Plumbing Plan $
Fire $
Public Works $
Total Plan Check Fees $ TBD
Permit and Inspection Fees
Buildin
g Building/Electrical/Mechanical/Plumbing Plan $
Public Works Permit $
Public Works Inspection $
Total Permit and Inspection Fees $ TBD
Misc. Fees
Plans Archival/Records Management $
General Plan Revision Surcharge $
Strong Motion Tax $
Green
Total Misc. Fees $ TBD
Water and Fire Connection Fee
Water and Fire Connection Fee $
Total Connection Fees $ TBD
School Fee
School Impact Fee (Estimate; determined by applicable school district) $ Total Estimated School Fees $ TBD
4 The fees listed are an estimate only; the final amounts may be different. These fees do not include time and materials costs associated with processing the Project or administrative costs including, without limitation, third-party consultants and legal fees. All such amounts must be paid before City issues a building permit, unless otherwise modified by this Development Agreement or the Project Approvals.
16826.1:10031991.1 EXHIBIT E
County Sanitation Fee
Sanitation Fee (Estimate) $
Total Estimated Sanitation Fees $ TBD
16826.1:10031991.1 EXHIBIT F
Exhibit F
Public Open Space5
5 Pocket park rendering for conceptual purposes only.
16826.1:10031991.1 EXHIBIT G
Exhibit G
Public Trail Extension
Ordinance No.
November 19, 2025
Exhibit B
Site Development Plan
Conditions of Approval
ORDINANCE NO. XXXX
EXHIBIT B
SITE DEVELOPMENT PLAN
CONDITIONS OF APPROVAL
1977 SATURN STREET
In addition to all applicable provisions of the Monterey Park Municipal Code (“MPMC”), HMC StratCap 1977 Saturn, LLC (the “Permittee”), agrees to comply with the following conditions of approval (“Project Conditions”) for Design Review No. 24-040 (“DRB-24- 040).
PLANNING:
1. The Permitee must comply with the plans reviewed by the City Council on November 19, 2025.
2. The Permitee is responsible for maintain ing the area adjacent to the business location and the site, including any parkways.
3. The Project Site must remain well maintained and free of graffiti. The Permitee’s failure to remove graffiti within 24 hours of written notice by the City will result in the City abating the graffiti at the Permitee’s cost.
4. The permitted hours of operation of the business are 24 hours a day, seven days a week.
8. The removal and preservation of trees on the Project Site must be consistent with the Arborist Report prepared for the project Mitigated Negative Declaration.
9. Before the Building Official issues a building permit, the Director must approve a Final Landscape Plan from the Permittee. The approved Landscape Plan must include special buffering adjacent to single-family residential properties.
10. The Director must approve a wall and fence plan showing all walls and fencing on the project site.
11. Before the City Engineer issues grading permits, the Permittee must submit grading plans identifying areas where existing landscape will be preserved with specified techniques. All fences must be approved by the Director.
12. Before the Building Official issues a final certificate of occupancy, the Permittee must
execute a maintenance agreement, in a form approved by the City Attorney, with the City to maintain landscaping and irrigation within the public right of way.
FIRE:
13. Fire Department Access must be provided within 150 feet of all exterior portions of any structure. Minimum three points of access are required.
14. Fire Department vehicular access roads must be installed and maintained in a serviceable manner before and during the time of construction.
15. Minimum Required Fire Flow and Fire Hydrants: All structures must have the minimum fire flow (GPM) in accordance with Appendix B and the quantity and spacing of fire hydrants in accordance with Appendix C 2022 CFC.
16. Permittee must obtain approval from the Fire Chief, or designee, for a fire hydrant plan.
17. Before the Building Official issues a building permit, building plans must comply with requirements of CFC Sections D105.1 though D105.4, as adopted by the MPMC. All Fire lanes must be minimum of 26 feet wide.
18. All access gates across roadways or entrances to facilities must be designed to unlock or open in the event of any loss of power. All access gates and main entrance doors must have a Knox Box or Knox Control Key Switch installed.
ENGINEERING
19. All public works improvements must comply with the standards and specifications of the City and to the satisfaction of the City Engineer. Improvements to the adjoining street(s) must be made to their centerline along Saturn and Orange.
20. A water plan must be submitted for review and approval by the City Engineer. This plan must substantiate adequate water service for domestic flow, fire flow, irrigation, and identify backflow prevention. Domestic water and irrigation must include a Reduced Pressure Principle Backflow Assembly (“RP”) and the fire line must have a double detector check assembly to the approval of the City Engineer.
21. Permittee’s water/sewer plans must show the point of connections of the sewer and water line. The plan must include the connection details of all domestic flow, fire line, irrigation line, sewer clean-outs, and must be prepared and submitted showing all existing and proposed utilities per City standards.
22. Permittee must submit a separate street improvement plan showing improvements along the entire frontage of the property, up to the centerline, and to the satisfaction of the City Engineer. Permittee must offer the following dedications: 20 feet on Saturn
Street and 20 feet on Orange Avenue. Permitee must provide improvements to all right of way dedicated along Saturn Street and Orange. Existing chain link fence on Orange Avenue must be removed from the Public Right of way or any area to be dedicated and dedicated area must be made safe for public use and improved to the satisfaction of the City Engineer.
23. Permittee must submit to the City Engineer a dedication instrument, in a form approved by the City Attorney, for all right of way and easements for review and approval, including public park, right of way, and water easement.
24. Along the entire Project Site frontage of Saturn and Orange Avenue, the Permittee must remove existing curb, gutter, sidewalk, driveway approach, and construct new curb and gutter, driveway approaches, and a full 10-foot-wide sidewalk.
25. Existing street lights will be relocated per the City Engineer’s direction.
26. Offsite landscaping plans must be submitted and reviewed by the City Engineer. The locations and types of off-site street trees will be determined by the City Engineer Trees must be consistent with the City’s tree masterplan.
BUILDING
27. Before the Building Official issues a building permit, Permittee must provide the Building Official with evidence that current easement holder(s) approve any proposed development encroaching into existing easement(s) not owned by Permittee.
By signing this document, the Permitee, certifies having read and understood the Project Conditions, and agrees to comply with the Project Conditions.
Bryan Marsh on behalf of
HMC StatCap 1977 Saturn, LLC, Permitee
Ordinance No.
November 19, 2025
Exhibit C
Initial Study & Mitigated Negative Declaration
The IS/MND, Response to Comments and other CEQA documents can be found on the City’s website at:
https://www.montereypark.ca.gov/DocumentCenter/View/18325/11-19-2025-1977- Saturn-Data-Center-Project-ISMND
and
https://www.montereypark.ca.gov/DocumentCenter/View/18335/1977-Saturn-Data- Center---Responses-to-Comments-and-Errata
Ordinance No.
November 19, 2025
Exhibit D
Zone Map Amendment ZA-25-03
Business Recovery Development
Agreement Zone (BRDZ)
Senior Citizen Housing (S-C-H)
Planned Development (P-D)
Single-Family Residential (R-1)
Medium-Density Residential (R-2)
High-Density Residential (R-3)Commercial Services (C-S) Regional Specialty Center (R-S)
Open Space (O-S)
Saturn Park (S-P)
¯0 0.1 0.20.05
Miles
Overlay Zoning
MPK City Boundary
Saturn Park Voter
Enacted
Specific Plans
Market Place
2015 Potrero
Grande
1977 Saturn St
1977 Saturn St - Existing Zoning
R-1
R-1
R-1
R-2
R-S (P-D)
O-S C-S
C-S
O-S (P-D)
S-PS-P
C-S
Business Recovery Development
Agreement Zone (BRDZ)
Senior Citizen Housing (S-C-H)
Planned Development (P-D)
Single-Family Residential (R-1)
Medium-Density Residential (R-2)
High-Density Residential (R-3)Commercial Services (C-S) Regional Specialty Center (R-S)
Open Space (O-S)
Saturn Park (S-P)
¯0 0.1 0.20.05
Miles
Overlay Zoning
MPK City Boundary
Saturn Park Voter
Enacted
Specific Plans
Market Place
2015 Potrero
Grande
1977 Saturn St
1977 Saturn St - Proposed Zoning
R-1
R-1
R-1
R-2
R-S (P-D)
O-S C-S
C-S
O-S (P-D)
S-PS-P
C-S
Staff Report
November 19, 2025
Attachment 2
Architectural Plans
fuscoe.com 949.474.1960
15535 Sand Canyon Ave, Suite 100
Irvine, California 92618
THESE DOCUMENTS ARE INCOMPLETE, AND ARE RELEASED FO R
INTERIM REVIEW ONLY ARE ARE NOT INTENDED FOR REGULA TORY
APPROVAL, PERMIT, OR CONSTRUCTION PURPOSES
TEXAS REGISTERED ARCHITECT:
© Gensler
Date Description
Project Name
Project Number
Description
Scale
Seal / Signature
2025
Tel 214.273.1500
Fax 214.273.1505
5005 Greenville Avenue
Dallas, TX 75206
United States
ARCHITECT'S NAME
LICENSE #
XX/XX/XXXX
P R E L I M I N A R Y
CFLA
LANDSCAPE ARCHITECT
74 Dudley Avenue
Piedmont, CA 94611
Tel 510.601.8022
DCI ENGINEERS
STRUCTURAL ENGINEER
818 Stewart Street
Suite 1000
Seattle, WA 98101
Tel 206.332.1900
FUSCOE ENGINEERING
CIVIL ENGINEER
15535 Sand Canyon Avenue
Suite 100
Irvine, CA 92618
Tel 949.474.1960
DFW CONSULTING GROUP
MEP ENGINEER
1616 Corporate Court
Suite 100
Irving, TX 75038
Tel 972.929.1199
Firm Registration No. 3577137
A9.000
RENDERING
027.8295.002
StratCap
HMC StratCap
1977 Saturn, LLC
08/15/25
1 08/15/2025 ISSUE FOR CONDITIONAL USE
BUILDING APPROACH - VIEW FROM SATURN STREET AT SOUTHWEST OF SITE NOT IN
CONSTRUCTION
NEW 2 STORY DATACENTER BUILDING±247,480 SFFINISHED FLOOR+372.00EQUIPMENT YARD13897NEW SUBSTATION24,000 SF PROPERTY LINE, REF. TO CIVIL
6'-0" WIDE POLE LINES10'-0" WIDE SANITARYSEWER EASEMENT,REF. CIVILORANGE AVE PROPERTY LINE, REF. TO CIVIL
NEW ACCESSDRIVE
EXISTING PROPERTY LINE, REF. TO CIVIL
CLOVER WAYIRIS WAY
EXISTING CHAIN LINK FENCE, REF.TO CIVIL
EXISTING CHAIN LINK FENCEPROPERTY LINE, REF. TO CIVILEXISTING CHAIN LINK FENCECHAIN LINK FENCEPROPERTY LINE, REF. TO CIVILWOODED GRASS AREA 40'-0" WIDE ROAD60'-0" PUBLIC RIGHT OF WAY
6' TALL SECURITY FENCE+ 3'-0" ZONED LANDSCAPE SHRUBS
PROPOSED PROPERTY LINE, REF. TO CIVILSECURITY FENCEREF. A0.003.SECURITY FENCEREF. A0.003. 1626'- 0" FIRE LANE
26'- 0" AERIAL APPARATUS ACCESS LANE
EDISON TRANSMISSIONEASEMENTNEW SECURITY FENCESECURITY FENCEWOODED GRASS AREA, REF. TOLANDSCAPING MOTORIZED SLIDING VEHICLEGATES AT ENTRANCE. REF.A0.003.
SWITCHGEARDUMPSTER ENCLOSURE 8'H SOLID WALL,REF. A0.003 MOTORIZED SLIDING VEHICLEGATES AT ENTRANCE. REF. A0.003.
NEW RETAINING WALL, REF. TO CIVILSWITCHGEARSWITCHGEARSWITCHGEAR
NEW SIDEWALK
WOODED GRASS AREAREAR YARD SETBACK, REF. CIVIL
SIDE YARD SETBACK, REF. CIVIL
PROPOSED PUBLIC PARK
PROTECTED PATHWAY96 PROTECTED PATHWAYPROTECTED PATHWAY
SATURN STREET56'-0" WIDE ROAD72'-0" PUBLIC RIGHT OF WAY ORANGE AVENUE:(4) EXISTING STREET TREES TO REMAINCRAPE MYRTLE (LAGERSTROEMIA INDICA)SAVE & PROTECT EXISTING TREES TO THEAS PER THE ARBORIST REPORT.
SAVE & PROTECT EXISTING TREES TOTHE EXTENT FEASIBLE & PRACTICAL CALIFORNIA DRY LANDSCAPE(9) CALIFORNIA LIVE OAK (QUERCUS AGRIFOLIA)(9) BLUE OAK (QUERCUS DOUGLASII)(55) COFFEEBERRY (FRANGULA CALIFORNICA)(42,100± SF) RED FESCUE (FETUCA RUBRUM) EAST DRIVEWAY EXITTREES: (4) PINK FLOWERING CRAPE MYRTLE(LAGERSTROEMIA INDICA 'TUSCARORA')GROUND COVER: (207) CREEPING ROSEMARY(ROSEMARINUS OFFICINALIS 'PROSTRATUS')SATURN STREET:TREES:- (12) COLUMBIA LONDON PLANE TREE(PLATANUS x HISPANICA 'COLUMBIA')SHRUBS:- (94) COMPACT STRAWBERRY TREE (ARBUTUS UNEDO 'COMPACTA')- (141) DWARF OLIVE (OLEA EUROPEA 'LITTLE OLLIE')- (192) YELLOW NEW ZEALAND FLAX (PHORMIUM TENAX 'YELLOWWAVE')GROUND COVER:- (384) LAVENDER LANTANA(LANTANA MONTEVIDENSIS 'LAVENDER SWIRL') FENCE LINE:SCREEN SHRUB: (30) OLEANDER (NERIUM OLEANDER 'SINGLE RED')SHRUB: (4) COMPACT STRAWBERRY TREE (ARBUTUS UNEDO 'COMPACTA')SHRUB: (45) DWARF OLIVE (OLEA EUROPEA 'LITTLE OLLIE')DRIVEWAY:TREE: (10) FRUITLESS OLIVE (OLEA EUROPEA 'SWAN HILL')GROUNDCOVER: (337) CREEPING ROSEMARY (ROSEMARINUS OFFICINALIS 'PROSTRATUS')PUBLIC PARK PARK:(14) CALIFORNIA LIVE OAK (QUERCUS AGRIFOLIA)(11) BLUE OAK (QUERCUS DOUGLASII)(75) COFFEEBERRY (FRANGULA CALIFORNICA)(39,100± SF) RED FESCUE (FETUCA RUBRUM) WEST DRIVEWAY ENTRANCE & OFFICE LEVELSHRUBS: (1) COMPACT STRAWBERRY TREE(ARBUTUS UNEDO 'COMPACTA')GROUNDCOVER: (144) CREEPING ROSEMARY(ROSMARINUS OFFICINALIS 'PROSTRATUS')DRIVEWAY ENTRANCE:ACCENT TREE: (3) PINK-FLOWERING CRAPE MYRTLE (LAGERSTROEMIA INDICA 'TUSCARORA')SHRUBS: (70) DWARF OLIVE (OLEA EUROPEA 'LITTLE OLLIE')GROUNDCOVER: (67) CREEPING ROSEMARY (ROSMARINUS OFFICINALIS 'PROSTRATUS') CALIFORNIA DRY LANDSCAPE:(13) COFFEEBERRY (FRANGULA CALIFORNICA)(4,500± SF) RED FESCUE (FETUCA RUBRUM)FIRE SAFETY LANES: GROUNDCOVER(141) LANTANA (LANTANA MONTEVIDENSIS 'LAVENDER') 6' WIDE x 188'-2" LONG LANDSCAPE BUFFERAT RESIDENTIAL ZONED LOTS:(11) PEPPERMINT TREE(AGONIS FLEXUOSA 'JERVIS BAY AFTER DARK')(31) DWARF OLIVE(OLEA EUROPEA 'LITTLE OLLIE')(126) LAVENDER LANTANA(LANTANA MONTEVIDENSIS 'LAVENDER')HILLSIDE: TREES(12) LEMON-SCENTED GUM(CORYMBIA CITRIODORA') 2L1.2
1L1.2
1325010050
HILLSIDE: TREES(9) LEMON-SCENTED GUM(CORYMBIA CITRIODORA')TRASHRECYCLE (6) CLASS 2BIKE PARKINGSPACES(3) CLASS 1BIKE PARKINGSPACESBENCHBENCHSPECIAL PAVING ACROSS DRIVEWAYSPECIAL PAVING AT ENTRY PLAZA UNFENCED PUBLIC PARK:- CONCRETE PATH, 4' WIDE- (4) BENCHES- (5) TRASH CONTAINERS- (1) RECYCLING CONTAINERS BENCHSATURN STREET: STREET TREES(25) SWEET BAY (LAURUS NOBILIS) DRIVEWAY:TREE: (4) GEIJERA PARVIFLORA (AUSTRALIAN WILLOW)SHRUB: (24) DWARF OLIVE (OLEA EUROPEA 'LITTLE OLLIE')GROUNDCOVER: (182) CREEPING ROSEMARY (ROSMARINUS OFFICINALIS 'PROSTRATUS')ENTRY PLAZA & PARKING LOT:TREES: (23) AUSTALIAN WILLOW (GEIGERA PARVIFLORA)SHRUBS: (74) DWARF OLIVE (OLEA EUROPEA 'LITTLE OLLIE') APN: 5265-002-900CITY OF MONTEREY PARKNO RECORDING INFO APN: 5265-004-0272000 CLOVER DRIRIS WAYCLOVER DRIVERESIDENTIAL LOTAPN: 5265-002-043RESIDENTIAL LOT2204 IRIS WAY APN: 5265-004-0282004 CLOVER DRRESIDENTIAL LOT
ADMINISTRATION FLOOR:GROUNDCOVER: (192) LANTANA (LANTANA MONTEVIDENSIS 'WHITE') FENCE TYPICAL. SEE ARCHITECT'SDRAWINGSHILLSIDE: TREES(30) LEMON-SCENTED GUM(CORYMBIA CITRIODORA')FIRE SAFETY LANES:SHRUBS: (148) DWARF OLIVE(OLEA EUROPEA 'LITTLE OLLIE')GROUNDCOVER: LANTANA(LANTANA MONTEVIDENSIS 'LAVENDER') PLANT LISTTREESWUCOLS MATUREQTYSIZEBOTANICAL NAMECOMMON NAMESPACING RATING*HEIGHT x WIDTH** 1124" BOXAGONIS FLEXUOSA 'JERVIS BAY AFTER DARK'PEEPERMINT TREE18' ON CENTERL - 0.215-25' x 15-25' 51 36" BOXCORYMBIA CITRIODORALEMON-SCENTED GUMVARIESL - 0.245-90' x 15-45' 2724" BOXGEIJERA PARVIFLORAAUSTRALIAN WILLOW18-20' ON CENTERL - 0.225-30' x 20' 2536" BOXLAURUS NOBILISSWEET BAT40' ON CENTERL - 0.212-40' x 12-40' 724" BOXLAGERSTROEMIA INDICA 'TUSCARORA'TUSCARORA PINK CRAPE MYRTLE20' ON CENTERL - 0.215-20' x 10-15' 1024" BOXOLEA 'SWAN HILL'FRUITLESS OLIVE24' ON CENTERL - 0.215-25' x 15-20' 1248" BOXPLATANUS x HISPANICA 'COLUMBIA'COLUMBIA LONDON PLANE TREEVARIESM - 0.440-80' x 30-40' 2336" BOXQUERCUS AGRIFOLIACOAST LIVE OAKVARIESVL - 0.140-60' x 40-50' 2036" BOXQUERCUS DOUGLASIIBLUE OAKVARIESVL - 0.130-60' x 30-60'SHRUBSWUCOLS MATUREQTYSIZEBOTANICAL NAMECOMMON NAMESPACING RATING*HEIGHT x WIDTH** 165 GALARBUTUS UNEDO 'COMPACTA'DWARF STRAWBERRY TREE10' ON CENTERL - 0.27-10' x 7-10'1355 GALFRANGULA CALIFORNICA 'EVE CASE'EVE CASE COFFEEBERRYVARIESL - 0.24-8' x 4-8' 305 GAL NERIUM OLEANDER 'RED SINGLE'RED SINGLE OLEANDER8' ON CENTERL - 0.26-8' x 6-20'2535 GALOLEA EUROPEA 'LITTLE OLLIE'DWARF OLIVE5' ON CENTERVL - 0.14-6' x 4-6'1925 GALPHORMIUM TENAX 'YELLOW WAVE'NEW ZEALAND FLAXVARIESL - 0.24' x 4'GRASSESWUCOLS MATUREQTYSIZEBOTANICAL NAMECOMMON NAMESPACING RATING*HEIGHT x WIDTH** 81,200 SF HYDROSEEDFESTUCA RUBRARED FESCUENOT APPLICABLEL - 0.212" x SPREADINGGROUND COVERSWUCOLS MATUREQTYSIZEBOTANICAL NAMECOMMON NAMESPACING RATING*HEIGHT x WIDTH** 3041 GALLANTANA MONTEVIDENSIS 'LAVENDER'LAVENDER LANTANA3' ON CENTERL - 0.22' x 3-6' 931 GALLANTANA MONTEVIDENSIS 'WHITE'WHITE LANTANA3' ON CENTERL - 0.22' x 3-6'9371 GALROSMARINUS OFFICINALIS 'PROSTRATUS'CREEPING ROSEMARY4' ON CENTERL - 0.22-3' x 4-6'*SOURCE FOR WATER USE RATING: WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS), COPYRIGHT UC REGENTS, UNIVERISTY OF CALIFORNIA, DAVIS, JANUARY 2014**SOURCE FOR MATURE HEIGHT x WIDTH: SUNSET WESTERN GARDEN BOOK, SEVENTH EDITION, 2001.SUNSET CLIMATE ZONE WUCOLS CLIMATE REGION- SUNSET CLIMATE ZONE: 23- WUCOLS CLIMATE REGION: #3TREE REPLACEMENT CALCULATIONS - EXISTING ON-SITE TREES REMOVED 186- PROPOSED ON-SITE TREES PER THE PLANT LIST ABOVE186 027.8295.002STRATCAP
108/15/2025ISSUE FOR CONDITIONAL USE
fuscoe.com949.474.196015535 Sand Canyon Ave, Suite 100Irvine, California 92618 © CFLA
DateDescription
Project NameProject NumberDescriptionScale
Seal / Signature
2025
Tel 214.273.1500Fax 214.273.15055005 Greenville AvenueDallas, TX 75206United StatesCFLALANDSCAPE ARCHITECT74 Dudley AvenuePiedmont, CA 94611Tel 510.601.8022DCI ENGINEERSSTRUCTURAL ENGINEER818 Stewart StreetSuite 1000Seattle, WA 98101Tel 206.332.1900FUSCOE ENGINEERINGCIVIL ENGINEER15535 Sand Canyon AvenueSuite 100Irvine, CA 92618Tel 949.474.1960DFW CONSULTING GROUPMEP ENGINEER1616 Corporate CourtSuite 100Irving, TX 75038Tel 972.929.1199Firm Registration No. 3577137 DIGICO1977 SATURN STREETMONTEREY PARK , CA 91755
L1.1PLANTING PLAN
NOT IN
CONSTRUCTION
HMC StratCap
1977 Saturn, LLC
STORIES: 2
TOTAL BUILDING AREA: 247,480 SF
WHITE FLOOR AREA: 108,400 SF
DATA HALLS: 6
DATA HALL AREA: 18,866 SF
TOTAL POWER: 49.5 MW
CRITICAL POWER 33 MW
POWER DENSITY: 304.42 WATTS PER SF
POWER DENSITY PER DATA HALL: 5.5 MW
CAB COUNT: (HAC) 2,064 RACKS
KW PER CAB: 16 KW
GENERATORS (2.75MW): 24 (4:3)
TOTAL COOLING LOAD 10,460 TONS
TOTAL CHILLERS (525 TONS EACH): 24 (4:3)
SITE AREA: 15.80 ACRES (689,073.2 SF)
GROSS FAR: 0.359
PROPOSED PUBLIC PARK 39,914.3 SF
ROADWAY DEDICATION 38,984.8 SF
SITE AREA (AFTER DEDICATION): 14.00 ACRES (610,174.0 SF) NET FAR (AFTER DEDICATION): 0.405
MAX FAR ALLOWED (0.60) 413,444 SF
MAX STRUCTURE HEIGHT 40 FT
PROPOSED STRUCTURE HEIGHT 39'-10.5" FT (EXCL. EQ UIP.) SUBSTATION AREA: 24,000 SF
PROPOSED PARKING (CUP REQUEST): 68 SHOWN
REQUIRED PARKING (4 SPACES / 1,000SF): 9 90 METRICS:
NEW 2 STORY DATA
CENTER BUILDING
±247,480 SF
FINISHED FLOOR
+372.00
EQUIPMENT YARD
13 89 7
NEW SUBSTATION
24,000 SF
PROPERTY LINE, REF. TO CIVIL
SATURN STREET
6'-0" WIDE POLE LINES
10'-0" WIDE SANITARY
SEWER EASEMENT,
REF. CIVIL
ORANGE AVE
PROPERTY LINE, REF. TO CIVIL
NEW ACCESS
DRIVE NEW ACCESS
DRIVE
EXISTING PROPERTY LINE, REF. TO CIVIL
CLOVER WAY
IRIS WAY
EXISTING CHAIN LINK FENCE, REF.
TO CIVIL
EXISTING CHAIN LINK FENCE
PROPERTY LINE, REF. TO CIVIL
EXISTING CHAIN LINK FENCE
CHAIN LINK FENCE
PROPERTY LINE, REF. TO CIVIL
WOODED GRASS AREA
56'-0" WIDE ROAD
72'-0" PUBLIC RIGHT OF WAY
40'-0" WIDE ROAD
60'-0" PUBLIC RIGHT OF WAY
6' TALL SECURITY FENCE
+ 3'-0" ZONED LANDSCAPE SHRUBS
PROPOSED PROPERTY LINE, REF. TO CIVIL
SECURITY FENCE
REF. A0.003.
SECURITY FENCE
REF. A0.003.
16 26'- 0" FIRE LANE
26'- 0" AERIAL APPARATUS ACCESS LANE
EDISON TRANSMISSION
EASEMENT
NEW SECURITY FENCE
SECURITY FENCE
WOODED GRASS AREA, REF. TO
LANDSCAPING
MOTORIZED SLIDING VEHICLE
GATES AT ENTRANCE. REF.
A0.003.
SWITCHGEAR
DUMPSTER ENCLOSURE 8'H SOLID WALL,
REF. A0.003
MOTORIZED SLIDING VEHICLE
GATES AT ENTRANCE. REF. A0.003.
NEW RETAINING WALL, REF. TO CIVIL
SWITCHGEAR SWITCHGEAR
SWITCHGEAR
NEW 6'-0" MASONRY WALL,
REF. TO LANDSCAPE L1.2
NEW SIDEWALK
WOODED GRASS AREA
REAR YARD SETBACK, REF. CIVIL
SIDE YARD SETBACK, REF. CIVIL
_______ _______ 02
A0.002
TYP.
20' - 0"
TYP.
8' - 0"
65' - 0"
4 LOADING BAYS
56' - 0"
40' - 0"
PROPOSED PUBLIC PARK
26' - 0"
26' - 0"
26' - 0"
26' - 0"
PROTECTED PATHWAY
211' - 6"
9 6
12' - 2"
19' - 10"
BUILDING SETBACKS TO
NEW PROPERTY LINE
PROTECTED PATHWAY PROTECTED PATHWAY
312' - 4"
NEAREST RESIDENTIAL
LOT LINE
27' - 6"
EXIT
ONLY
63' - 6"
63' - 6"
CL
13 89 7
DRIVE AISLE
26' - 0"
TYP.
9' - 0"
TYP.
18' - 0"
9 DRIVE AISLE
26' - 0"
DRIVE AISLE
26' - 0"
DRIVE AISLE
20' - 0"
DRIVE AISLE
20' - 0"
fuscoe.com 949.474.1960
15535 Sand Canyon Ave, Suite 100
Irvine, California 92618
THESE DOCUMENTS ARE INCOMPLETE, AND ARE RELEASED FO R
INTERIM REVIEW ONLY ARE ARE NOT INTENDED FOR REGULA TORY
APPROVAL, PERMIT, OR CONSTRUCTION PURPOSES
TEXAS REGISTERED ARCHITECT:
© Gensler
Date Description
Project Name
Project Number
Description
Scale
Seal / Signature
2025
Tel 214.273.1500
Fax 214.273.1505
5005 Greenville Avenue
Dallas, TX 75206
United States
ARCHITECT'S NAME
LICENSE #
XX/XX/XXXX
P R E L I M I N A R Y
CFLA
LANDSCAPE ARCHITECT
74 Dudley Avenue
Piedmont, CA 94611
Tel 510.601.8022
DCI ENGINEERS
STRUCTURAL ENGINEER
818 Stewart Street
Suite 1000
Seattle, WA 98101
Tel 206.332.1900
FUSCOE ENGINEERING
CIVIL ENGINEER
15535 Sand Canyon Avenue
Suite 100
Irvine, CA 92618
Tel 949.474.1960
DFW CONSULTING GROUP
MEP ENGINEER
1616 Corporate Court
Suite 100
Irving, TX 75038
Tel 972.929.1199
Firm Registration No. 3577137
As indicated
A0.002
ARCHITECTURAL SITE PLAN
027.8295.002
StratCap
HMC StratCap
1977 Saturn, LLC
08/15/25
SCALE: /REF: 1" = 50'-0" 01 A2.000
SITE PLAN 01
1 08/15/2025 ISSUE FOR CONDITIONAL USE
SCALE: /REF: 1" = 20'-0" 01 A0.002
ENLARGED PARKING PLAN 02
NOT IN
CONSTRUCTION
LOWER LEVEL
0' - 0"
T.O. PARAPET
42' - 0"
UPPER LEVEL
16' - 0"
T.O. SCREEN WALL
60' - 7"
T.O. PENTHOUSE
49' - 0"
MP01
MP01 MP02 MP05 ADMIN DATA HALLS
MP06
METAL PANEL EQUIPMENT PLATFORM SCREEN
DUMPSTER ENCLOSURE
GL01
MP03
TO PARAPET
32' - 10 1/2"
T.O. PENTHOUSE
39' - 10 1/2"
T.O. SCREEN WALL
51' - 5 1/2"
AVERAGE GRADE PLANE
9' - 1 1/2"
T.O. EXHAUST STACK
47' - 0"
EXHAUST STACK
ABOVE PARAPET
5' - 0"
T.O. PARAPET
42' - 0"
UPPER LEVEL
16' - 0"
T.O. SCREEN WALL
60' - 7"
T.O. PENTHOUSE
49' - 0"
MP01
MP05
MP02
MP06
METAL PANEL EQUIPMENT PLATFORM SCREEN
GL03
T.O. PARAPET
32' - 10 1/2"
T.O. SCREEN WALL
51' - 5 1/2"
AVERAGE GRADE PLANE
9' - 1 1/2"
T.O. PENTHOUSE
39' - 10 1/2"
T.O. EXHAUST STACK
47' - 0"
LOWER LEVEL
0' - 0"
T.O. PARAPET
42' - 0"
UPPER LEVEL
16' - 0"
T.O. SCREEN WALL
60' - 7"
MP01 MP01
MP02
MP02
MP06
METAL PANEL EQUIPMENT PLATFORM SCREEN MP04
GL01
PC01
T.O. PARAPET
32' - 10 1/2"
T.O. SCREEN WALL
51' - 5 1/2"
AVERAGE GRADE PLANE
9' - 1 1/2"
T.O. PENTHOUSE
39' - 10 1/2"
T.O. EXHAUST STACK
47' - 0"
LOWER LEVEL
0' - 0"
T.O. PARAPET
42' - 0"
UPPER LEVEL
16' - 0"
T.O. SCREEN WALL
60' - 7"
MP01
MP01 MP02
MP02
MP02
MP03
MP06
METAL PANEL EQUIPMENT PLATFORM SCREEN
DATA HALLS ADMIN GL02 PC01 MP01
AVERAGE GRADE PLANE
9' - 1 1/2"
T.O. PARAPET
32' - 10 1/2"
T.O. SCREEN WALL
51' - 5 1/2"
T.O. PENTHOUSE
39' - 10 1/2"
T.O. EXHAUST STACK
47' - 0"
METAL PANELS
MP01
SOLID
COLOR: PURE WHITE
MP02
SOLID
COLOR: ORANGE
MP03
SOLID & PERFORATED
COLOR: PURE WHITE WITH ORANGE ACCENTS
GLASS
GL02
VISION GLASS
WITH GRAY PERFORATED FILM/METAL PANEL
GL03
OPAQUE/SHADOW BOX
REFLECTIVE WHITE/GRAY FINISH
GL01
VISION GLASS
TRANSPARENT
PRECAST CONCRETE
PC01
INTEGRALLY COLORED CONCRETE
LIGHT GRAY
MP05
SOLID & LOUVER COMBINATION
COLOR: PURE WHITE
MP06
MESH/PERFORATED/LOUVERED SCREEN WALL
COLOR: LIGHT GRAY (SEMI-GLOSS)
MP04
PERFORATED SCREEN
WHITE/GRAY METAL FINISH
SITE ELEVATION 371'-6"
PROJECT ELEVATION 15'-6"
SITE ELEVATION 351'-0"
PROJECT ELEVATION -5'-0"
SITE ELEVATION 369'-0"
PROJECT ELEVATION 13'-0"
SITE ELEVATION 369'-0"
PROJECT ELEVATION 13'-0"
NW
SW
NE
SE
NW 371'-6" 15'-6"
NE 369'-0" 13'-0"
SE 369'-0" 13'-0"
SW 351'-0" -5'-0"
LOCATION SITE ELEVATION PROJECT ELEVATION
365'-1.5" 9'-1.5" AVERAGE GRADE PLANE
NOTE: AVERAGE GROUND PLANE
TAKEN AT LOWEST POINTS WITHIN
6 FEET OF BUILDING
fuscoe.com 949.474.1960
15535 Sand Canyon Ave, Suite 100
Irvine, California 92618
THESE DOCUMENTS ARE INCOMPLETE, AND ARE RELEASED FO R
INTERIM REVIEW ONLY ARE ARE NOT INTENDED FOR REGULA TORY
APPROVAL, PERMIT, OR CONSTRUCTION PURPOSES
TEXAS REGISTERED ARCHITECT:
AVERAGE GRADE PLANE INTERPRETATION BUILDING MATERIALS LEGEND © Gensler
Date Description
Project Name
Project Number
Description
Scale
Seal / Signature
2025
Tel 214.273.1500
Fax 214.273.1505
5005 Greenville Avenue
Dallas, TX 75206
United States
ARCHITECT'S NAME
LICENSE #
XX/XX/XXXX
P R E L I M I N A R Y
CFLA
LANDSCAPE ARCHITECT
74 Dudley Avenue
Piedmont, CA 94611
Tel 510.601.8022
DCI ENGINEERS
STRUCTURAL ENGINEER
818 Stewart Street
Suite 1000
Seattle, WA 98101
Tel 206.332.1900
FUSCOE ENGINEERING
CIVIL ENGINEER
15535 Sand Canyon Avenue
Suite 100
Irvine, CA 92618
Tel 949.474.1960
DFW CONSULTING GROUP
MEP ENGINEER
1616 Corporate Court
Suite 100
Irving, TX 75038
Tel 972.929.1199
Firm Registration No. 3577137
As indicated
A2.000
BUILDING ELEVATIONS
027.8295.002
StratCap
HMC StratCap
1977 Saturn, LLC
08/15/25
SCALE: /REF: 1/32" = 1'-0" 01 A0.101
BUILDING ELEVATION -NORTH 03
SCALE: /REF: 1/32" = 1'-0" 01 A0.101
BUILDING ELEVATION -EAST 04
SCALE: /REF: 1/32" = 1'-0" 01 A0.101
BUILDING ELEVATION -WEST 02
SCALE: /REF: 1/32" = 1'-0" 01 A0.101
BUILDING ELEVATION -SOUTH 01
1 08/15/2025 ISSUE FOR CONDITIONAL USE
NOT IN
CONSTRUCTION
Staff Report
November 19, 2025
ATTACHMENT 3
Parking Demand Analysis
MEMORANDUM
TO: Beth Chow, AICP, Monterey Park Interim Planning Manager
FROM: Jonathan Chambers, P.E.
DATE: May 22, 2024
RE: Parking Demand Analysis for the
1977 Saturn Street Data Center
Monterey Park, California Ref: J2125
Gibson Transportation Consulting, Inc. analyzed the parking demand and supply for the proposed 1977 Saturn Street Data Center (Project) in Monterey Park, California (City). This memorandum summarizes our analysis.
PROJECT SUMMARY
The Project consists of a one-level, 218,400 square foot (sf) data center. The interior of the building, illustrated in Figure 1, contains seven data halls, each approximately 15,710 sf, separated by dedicated mechanical rooms. Nearly 24,000 sf of interior space is dedicated to electrical infrastructure, and only approximately 8,000 sf is dedicated to administrative office space. Adjacent to the building will be a 75,000 sf exterior yard with 12 or more four- megawatt power generators for backup power. A 24,000 sf electrical substation will also be located on the property.
As shown in Figure 2, the Project will provide a total of 68 vehicular parking spaces, including 36 spaces in a parking lot adjacent to the administrative office space and 32 spaces along the fence enclosing the generator yard. There would also be a loading dock with space for three trucks on the northeast corner of the building. Site access would be provided by driveways on Saturn Street on both the east and west ends of the site, similar to the existing configuration of the site, though primary access would be on the east end adjacent to the parking lot.
The Project will replace a vacant 205,628 sf office building with 847 surface parking spaces.
The Project is located within the McCaslin Business Park, an Office-Professional (O-P) Zone. According to Section 21.14.040 of the City Municipal Code (Code), a “data processing facility” is a principal use permitted in this zone, though the Code does not include a specific parking ratio for this use.
Beth Chow
May 22, 2024
Project Operations
The computer facilities located within the Project will be in operation 24 hours per day, seven days per week. It will be staffed at all times with security personnel and technicians and, during regular business hours, will also be staffed by administrative employees and building maintenance personnel.
Based on a detailed operations plan provided by the operator, the Project is proposed to have 26 full-time employees, including 18 on day shifts and eight on night shifts. There would not be any part-time employees. The operations plan is provided in the Attachment.
PROJECT PARKING
Section 21.14.110 of the Code specifies that uses within the O-P Zone shall comply with the Citywide off-street parking requirements defined in Section 21.22.120 of the Code. That Section identifies minimum off-street parking requirements for commercial developments. Table
21.22(C), Nonresidential Parking Standards, sets requirements for dozens of commercial land uses; however, it does not have parking requirements specific to data centers. For uses that are permitted, but do not have a stated parking requirement, Section 21.22.120(B) allows a “parking study” to be prepared “to determine the appropriate parking ratio for any land use which is not assigned a specific parking ratio herein.” (Emphasis added.)
Here, the vast majority of the floor area would be used as a data center with seven data halls, each approximately 15,710 sf, separated by dedica ted mechanical rooms. Approximately 8,000 sf of the Project would be dedicated to administrative office space. As such, for purposes of parking demand analysis, the Project is functionally comparable to a Public Utility Substation (which is the closest use in the Code that has a defined parking ratio) in that it provides physical infrastructure to support an internet-based service, but the total floor area does not correlate to the total number of users at the site. The parking ratio in the Code for a Public Utility Substation is based on the number of employees rather than the total floor area. Specifically, it is “one space per employee plus one space for each vehicle used in connection with the facility.” This type of ratio more accurately reflects actual parking demand than a ratio based on building square footage.
Given the similar uses, this type of ratio should be used as a basis to identify the parking demand for the data center use contemplated by the Project. The Project would have a maximum of 18 employees on-site during the day and eight at night, including administrative, operational, security, and maintenance employees. There would be no facility vehicles at the Project Site. Therefore, with 26 total employees and no facility vehicles, application of the Public Utility Substation parking requirement would require a total of 26 parking spaces, assuming each employee requires a parking space and accounting for shift changes where some employees may be at the site at the same time.
By way of comparison, the City of San Jose has a parking ratio specific to data centers. San Jose Municipal Code Section 20.09.060 requires one space per 5,000 sf of office/meeting/ technician work space, plus one space for each 50,000 sf of floor area, or fraction thereof devoted to equipment space. The parking ratio is categorized as a “utility use” and is based primarily on the office space available in the data center, rather than the equipment space,
Beth Chow
May 22, 2024
which is similar to the City’s parking ratio for Public Utility Substations. If this ratio were applied to the Project, only 10 parking spaces would be required.
Based on our conservative assessment of the Project, the maximum number of parking spaces needed would be 26 based on the total number of employees, assuming they were all on site at the same time. The Project proposes to provide 68 spaces, which would clearly satisfy parking demand and exceed the number of parking spaces needed to accommodate all parking needs on-site, including the 26 employees and additional visitors and clients.
Not to Scale
PROJECT LAYOUT 1
FIGURE
Not to Scale
PROJECT SITE PLAN 2
FIGURE
Attachment
Operations Plan
Work Hours (adjustable) Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Tech 1 ‐ Night A Tech 1 ‐ Night A 6P/6A 6P/6A 6P/6A 6P/6A Off Off Off 6P/6A 6P/6A 6P/6A Off Off Off Off 6P/6A 6P/6A 6P/6A 6P/6A Off Off Off 6P/6A 6P/6A 6P/6A Off Off Off Off Tech 2 ‐ Night A Tech 2 ‐ Night A 6P/6A 6P/6A 6P/6A 6P/6A Off Off Off 6P/6A 6P/6A 6P/6A Off Off Off Off 6P/6A 6P/6A 6P/6A 6P/6A Off Off Off 6P/6A 6P/6A 6P/6A Off Off Off Off Tech 3 ‐ Night B Tech 3 ‐ Night B Off Off Off Off 6P/6A 6P/6A 6P/6A Off Off Off 6P/6A 6P/6A 6P/6A 6P/6A Off Off Off Off 6P/6A 6P/6A 6P/6A Off Off Off 6P/6A 6P/6A 6P/6A 6P/6A Tech 4 ‐ Night B Tech 4 ‐ Night B Off Off Off Off 6P/6A 6P/6A 6P/6A Off Off Off 6P/6A 6P/6A 6P/6A 6P/6A Off Off Off Off 6P/6A 6P/6A 6P/6A Off Off Off 6P/6A 6P/6A 6P/6A 6P/6A Tech 5 ‐ Day A Tech 5 ‐ Day A 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off Tech 6 ‐ Day A Tech 6 ‐ Day A 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off Tech 7 ‐ Day A Tech 7 ‐ Day A 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off Tech 8 ‐ Day B Tech 8 ‐ Day B Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P Tech 9 ‐ Day B Tech 9 ‐ Day B Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P Tech 10 ‐ Day B Tech 10 ‐ Day B Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P Off Off Off 6A/6P 6A/6P 6A/6P 6A/6P Off Off Off Off 6A/6P 6A/6P 6A/6P Float Tech 11 Float Tech 11 Off 9A ‐6P 9A ‐6P 9A ‐6P 9A ‐6P 9A ‐6P Off Off 9A ‐6P 9A ‐6P 9A ‐6P 9A ‐6P 9A ‐6P Off Off 9A ‐6P 9A ‐6P 9A ‐6P 9A ‐6P 9A ‐6P Off Off 9A ‐6P 9A ‐6P 9A ‐6P 9A ‐6P 9A ‐6P Off Bldg Engineer Bldg Engineer Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/ 5P Off IT Ops Lead IT Ops Lead Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Of f IT Ops Tech IT Ops Tech Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Of f IT Ops Tech IT Ops Tech Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Off Off 8A/5P 8A/5P 8A/5P 8A/5P 8A/5P Of f IT Ops Tech IT Ops Tech Off 11A/7P 11A/7P 11A/7P 11A/7P 11A/7P Off Off 11A/7P 11A/7P 11A/7P 11A/7P 11A/7P Off Off 11A/7P 11A/7P 11A/7P 11A/7P 11A/7P Off Off 11A/7P 11A/7P 11A/7P 11A/7P 11A/7P Off Facility Manager Facility Manager Off 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P Off Off 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P Off Off 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P Off Off 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P Off Chief Engineer Chief Engineer Off 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P Off Off 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P Off Off 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P Off Off 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P 9A ‐ 5P Off Asst Chief Engineer Asst Chief Engineer Off 11A ‐7P 11A ‐7P 11A ‐7P 11A ‐7P 11A ‐7P Off Off 11A ‐7P 11A ‐7P 11A ‐7P 11A ‐7P 11A ‐7P Off Off 11A ‐7P 11A ‐7P 11A ‐7P 11A ‐7P 11A ‐7P Off Off 11A ‐7P 11A ‐7P 11A ‐7P 11A ‐7P 11A ‐7P Off Faciltiy Coordinator Faciltiy Coordinator Off 9A/5P 9A/5P 9A/5P 9A/5P 9A/5P Off Off 9A/5P 9A/5P 9A/5P 9A/5P 9A/5P Off Off 9A/5P 9A/5P 9A/5P 9A/5P 9A/5P Off Off 9A/5P 9A/5P 9A/5P 9A/5P 9A/5P Off Security Supervisor
Security 1st
Security 2nd
Security 3rd
Janitorial
Summary FTE
Management ‐ Day 3
Technical ‐ Day 8
Technical ‐ Night 5
IT ‐ Day 3
IT ‐ Night 1
Security ‐ Day 2
Security ‐ Night 2
Janitorial ‐ Day 2
Total 26
Day 18
Night 8
Total 26
1977 SATURN STREET DATA CENTER PROJECT STAFFING PLAN
4/3 day work schedule / 12‐hour shifts / Non‐rotating
8A/5P
8A/5P
8A/5P
9A/5P
9A/5P
11A/7P
6PM/6AM
6PM/6AM
6PM/6AM
6PM/6AM
6AM/6PM
6AM/6PM
6AM/6PM
LA ‐ Total Technical Positions
6AM/6PM
6AM/6PM
8A/5P
Split by Shift
6AM/6PM
9AM/6PM
8AM/5PM
11A/7P
9A/5P
7a/3P
3P/11P
11P/3A
7a/3P
Staff Report
November 19, 2025
ATTACHMENT 4
Letter of Support
7623-013acp
KEVIN T. CARMICHAEL
CHRISTINA M. CARO
THOMAS A. ENSLOW
KELILAH D. FEDERMAN
RICHARD M. FRANCO
ANDREW J. GRAF
TANYA A. GULESSERIAN
DARION N. JOHNSTON
RACHAEL E. KOSS
AIDAN P. MARSHALL
ALAURA R. McGUIRE
ISABEL TAHIR
Of Counsel
DANIEL L. CARDOZO
MARC D. JOSEPH
SACRAMENTO OFFICE
520 CAPITOL MALL, SUITE 350
SACRAMENTO, CA 95814 -4721
TEL: (916) 444- 6201
FAX: (916) 444 - 6209
ADAMS BROADWELL JOSEPH & CARDOZO
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
601 GATEWAY BOULEVARD, SUITE 1000
SOUTH SAN FRANCISCO, CA 94080 - 7037
___________
TEL: (650) 589- 1660
FAX: (650) 589 - 5062
kfederman @adamsbroadwell.com
August 12, 2025
Beth Chow, AICP, Planning Manager
City of Monterey Park Planning Division
Email: [email protected]
Inez Alvarez, City Manager
City of Monterey Park
Email: [email protected]
Re: Letter of Support for the 1977 Saturn Data Center Project Initial Study Mitigated Negative Declaration (SCH No.
2024101397)
Dear Ms. Chow and Ms. Alvarez:
This firm represents the Coalition for Responsible Equitable Economic Development Los Angeles (“CREED LA”) with regard to the above-referenced 1977 Saturn Data Center Project proposed by SDCF Monterey Park, LLC (“Applicant”).
On December 2, 2024, CREED LA submitted comments to the City regarding the Initial Study / Mitigated Negative Declaration (“MND”) prepared for the Project.
CREED LA is pleased to report that it has entered into a legally enforceable confidential environmental settlement agreement with the Applicant. CREED LA submitted comments regarding the potential air quality, public health, greenhouse gas, and noise impacts of the Project. The Applicant agreed to additional measures beyond the measures currently proposed in the MND to address environmental concerns raised by CREED LA.
In closing, please note that CREED LA’s objections to the Project, and concerns regarding the MND are fully resolved, and we respectfully request that the City adopt the MND, approve the Project, and conclude the administrative review process as soon as possible.
Please let me know if you have any questions.
Sincerely,
Kelilah D. Federman