Agenda packet — Monterey Park City Council, May 6, 2026 (part 1 of 2)

City Council of Monterey Park
The City Council Acting on Behalf of the Successor Agency of the Former Redevelopment Agency, the Housing Authority, the Monterey Park Financing Authority and the Monterey Park Geologic Hazard Abatement District Agenda

Regular Meeting
Monterey Park City Hall Council Chambers
320 West Newmark Avenue, Monterey Park, CA 91754

Wednesday, May 6, 2026
6:30 PM
Mission Statement
The mission of the City of Monterey Park is to provide excellent service, foster growth and opportunity, and create a joyous and collaborative environment.

Land Acknowledgment
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respect to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land.

We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

General Information
Documents related to an Agenda item are available to the public in the City Clerk’s Office located at 320 West Newmark Avenue, Monterey Park, CA 91754, during normal business hours and at www.montereypark.ca.gov/agendas.

The public may watch the meeting live on the city’s cable channel MPKTV (AT&T U-verse, channel 99 or Charter Communications, channel 182) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos. Per the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email City Hall at [email protected] or call (626) 307-1359 for reasonable accommodation at least 48 hours before a meeting. Council Chambers are wheelchair accessible.

Public Comment for Matters Not on the Agenda
Pursuant to Rule 5 of Resolution No. 12226 (adopted February 17, 2021), speakers are limited to a total of five minutes for Public Comment and a total of five minutes on all other items on the Agenda.

Exception - See Public Hearing Procedures under Rule 7, Resolution No. 12226. If desirable, the Mayor and City Council may change the amount of time allowed for speakers.

While all comments are welcome, the Brown Act does not allow the City Council to take action on any item not on the agenda. The Council may briefly respond to comments after Public Communications is closed. Persons may speak to any matter that is not on the Agenda but within the City Council's subject-matter jurisdiction at this time. Comments regarding an Agenda item, including the Consent

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Calendar, will be heard when that matter is called. Written Communication is accepted up to 24 hours before the meeting by completing an online form at www.montereypark.ca.gov/writtencomm. Written communications are provided to the City Council.

Live Translation:

Meetings will be translated (transcribed or audio) to the language you select. Instructions are provided below.

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1. Call to Order
Mayor

2. Flag Salute
The Monterey Park Fire Explorers

3. Roll Call
Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Elizabeth Yang

4. Telecommunications Announcement, if requested

5. Agenda Revisions and Additions

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6. Presentations

6.A. Monterey Vista Centennial Recognition

6.B. Alhambra Education Foundation's "Service to Education" Award Winners

6.C. SGV Forward Ad Hoc Subcommittee Update

6.D. Atlantic Square Update

7. Public Comments

8. Staff Communications

8.A. City Manager's Office

8.B. City Clerk's Office

8.C. Public Works

8.D. Recreation and Community Services Department

8.E. Fire Department

8.F. Bruggemeyer Library

9. Old Business

10. Consent Calendar
All items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration.

10.A. Monthly Investment Report

It is recommended that the City Council consider:

1. Receiving and filing the monthly investment report; and

2. Taking such additional, related, action that may be desirable.

10.B. Setting of Assessments and Public Hearing for Citywide Maintenance District No. 93-1 for Fiscal Year 2026-27 under the Landscaping and Lighting Act of 1972

It is recommended that the City Council consider:

1. Adopting a resolution initiating and declaring the City Council’s intent to levy and collect assessments for Fiscal Year 2026-27 in Citywide Maintenance District No. 93- 1 under Streets and Highways Code § 22500-22979 and setting a time and place for a public hearing; and

2. Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the proposed Resolution pursuant to the

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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”). This action states the City’s intent to levy annual assessments and does not approve new construction or expand services. It is an administrative and fiscal action that will not change the physical environment. Therefore, this action is not a “project” under the CEQA, under 14 Cal. Code Regs. § 15378(b)(4)), and no further environmental review is required.

10.C. Waive further reading and adopt a regular ordinance to enact a citywide prohibition on data centers, and waive further reading and adopt a regular ordinance that would implement Measure NDC and become effective the same date as Measure NDC, if adopted by voters on June 2, 2026

It is recommended that the City Council consider:

1. Waiving second reading and adopting the proposed regular ordinance to enact a citywide prohibition on data centers;

2. Waiving second reading and adopting the proposed regular ordinance that would implement Measure NDC and become effective the same date as Measure NDC, if adopted by voters on June 2, 2026, in accordance with the Elections Code and Measure NDC; and

3. Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act): These Ordinances are not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons:

A. They will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)). A prohibition on data centers means they cannot be constructed.

B. There is no possibility that the Ordinances may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)). A prohibition on data centers means they cannot be constructed.

C. These Ordinances, by themselves, do not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378).

D. Additionally, CEQA Guidelines § 15168(c)(2) provides that if a project is proposed which has been the subject of a prior certified EIR, and “[i]f the [City] finds that pursuant to [14 Cal. Code of Regs.] Section 15162, no new effects could occur or new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the … EIR, and no new environmental document would be required.” The City Council finds that it certified a Final Environmental Impact Report (“FEIR”) for the Monterey Park Land Use and Urban Design Element (as adopted by Ordinance No. 2198 and approved by voters as Measure JJ on November 3, 2020) which was filed as State Clearing House No. 2001-01-1074. The Ordinances will not result in any new environmental impact not already considered in the FEIR and no further environmental review is required.

10.D. Adoption of 2026-27 City Council Strategic Plan Goals and Objectives and Legislative Platform

It is recommended that the City Council consider:

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1. Adopting the attached 2026-27 Monterey Park City Council Strategic Plan Goals and Objectives,

2. Adopting the attached 2026-27 Monterey Park Legislative Platform; and

3. Taking such additional, related, action that may be desirable.

10.E. Adopting a resolution authorizing the City Manager, or designee to apply for, receive, and appropriate grant funds for the Next Generation Warning System Grant Program

It is recommended that the City Council consider:

1. Adopting a Resolution authorizing the City Manager, or designee, to submit an application to the California Governor’s Office of Emergency Services for the Next Generation Warning System Grant Program, execute all grant documents, and accept and administer any awarded grant funds; and

2. Taking such additional, related, action that may be desirable.

10.F. Procedural Rules for Conducting Legislative Meetings

It is recommended that the City Council consider:

1. Receiving and filing Resolution No. 2026-R23 establishing Procedural Rules for conducting legislative meetings; and

2. Taking such additional, related, action that may be desirable.

10.G. Annual Review of Development Agreement No. DA-21-01 (Ordinance No. 2211) Between the City of Monterey Park and Center Int’l Investments, Inc. for the Property Located at 1688 West Garvey Avenue (APN 5254-002-031) pursuant to Government Code § 65865.1; Finding of Non-Compliance; Recommended Rescission of Development Agreement and Repeal of Goodviews Specific Plan (ZC-21-01)

It is recommended that the City Council consider:

1. Find, pursuant to Government Code § 65865.1, that Center Int’l Investments, Inc. (“CII”) failed to demonstrate good-faith compliance with the terms and conditions of Development Agreement No. DA-21-01 and is in default thereof;

2. Direct the City Manager and City Attorney to initiate proceedings to rescind and terminate Development Agreement No. DA-21-01 in accordance with Government Code § 65868 and Section 12 of the Development Agreement;

3. Direct the City Manager and City Attorney to initiate proceedings to repeal the 1688 West Garvey Avenue Specific Plan (ZC-21-01), also known as the Goodviews Specific Plan, including any necessary zone change to restore prior zoning designations; and

4. Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The actions recommended herein—finding CII in non-compliance, rescinding the Development Agreement, and repealing the Goodviews Specific Plan—are exempt from the

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California Environmental Quality Act (“CEQA”) under CEQA Guidelines § 15061(b)(3). It can be determined with certainty that the recommended actions would have no significant effect on the environment, as they involve the termination of existing land use entitlements and do not propose or approve any new development.

10.H. Parcel Map 83733 – 423. N. McPherrin Avenue

It is recommended that the City Council consider:

1. Adopting a resolution approving final Parcel Map No. 83733; and

2. Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The Project was categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines § 15332 as a Class 32 categorical exemption (Infill Development).

10.I. Orange Coast Petroleum Equipment, Inc. Amendment

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a First Amendment to Agreement 2431-AE with Orange Coast Petroleum Equipment, Inc., in a form approved by the City Attorney, in the amount of $55,908, plus a contingency of 10%, for the purchase and installation of a fuel tank monitoring system;

2. Taking such additional, related, action that may be desirable.

10.J. Garvey Ranch Park Shade Structure Award of Contract

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with R.E. Schultz Construction, Inc. in the amount of $98,416 for Garvey Ranch Shade Structures Installation, Specification No. 2026-002;

2. Authorizing the Public Works Director to approve change orders not to exceed $9,850 over the total contract amount; and

3. 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) because it involves the replacement and minor alteration of existing park structures with no expansion of use.

10.K. Fire Service Day Resolution

It is recommended that the City Council consider:

1. Adopting a resolution declaring May 16, 2026 as Fire Service Day; and

2. Taking such additional, related, action that may be desirable.

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10.L. Public Works Week Resolution

It is recommended that the City Council consider:

1. Adopting a Resolution declaring the week of May 17 through 23, 2026 as Public Works Week in Monterey Park; and

2. Taking such additional, related, action that may be desirable.

10.M. National Police Week Resolution

It is recommended that the City Council consider:

1. Adopting a resolution declaring the week of May 11–17, 2026, to be National Police Week in the City of Monterey Park; and

2. Taking such additional, related, action that may be desirable.

10.N. Building Safety Month Resolution

It is recommended that the City Council consider:

1. Adopting a Resolution recognizing May 2026 as Building Safety Month; and

2. Taking such additional, related, action that may be desirable.

10.O. Mental Health Awareness Month Resolution (As Requested by Mayor Yang)

It is recommended that the City Council consider:

1. Adopting the attached resolution; and

2. Taking such additional, related, action that may be desirable.

10.P. Asian American, Native Hawaiian, and Pacific Islander Heritage Month Resolution (As Requested by Mayor Yang)

It is recommended that the City Council consider:

1. Adopting the attached resolution; and

2. Taking such additional, related, action that may be desirable.

10.Q. Missing and Murdered Indigenous People Awareness Month (As Requested by Mayor Pro Tem Lo)

It is recommended that the City Council consider:

1. Adopting the attached resolution; and

2. Taking such additional, related, action that may be desirable.

10.R. National Day of the Teacher and National Teacher Appreciation Week Resolution (As Requested by Council Member Sanchez)

It is recommended that the City Council consider:

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1. Adopting the attached resolution; and

2. Taking such additional, related, action that may be desirable.

10.S. National Asian American and Pacific Islander Day Against Bullying and Hate Resolution (As Requested by Council Member Wong)

It is recommended that the City Council consider:

1. Adopting the attached resolution; and

2. Taking such additional, related, action that may be desirable.

11. Public Hearing

11.A. Consideration and possible action to adopt Resolution No. 26-XX – A Resolution authorizing the recording of a Notice of Special Assessment for Nuisance Abatement against the owner of 509 W. Andrix St. (APN 5266-013-018)

It is recommended that the City Council consider:

1. Adopting Resolution No. 26-XX to authorize the recording of a notice of special assessment for nuisance abatement on the owner of 509 W. Andrix Street; or;

2. Taking such additional, related, action that may be desirable.

12. New Business

13. City Communications (City Council) / Future Agenda Items

14. Closed Session (if Required; City Attorney to Announce)

15. Adjournment

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City Council Staff Report

Date: May 6, 2026
Agenda Item Number: 10.A.

To: The Honorable Mayor and City Council
From: Amy Lee, City Treasurer
Subject: Monthly Investment Report

Recommendation:

It is recommended that the City Council consider:

1. Receiving and filing the monthly investment report; and

2. Taking such additional, related, action that may be desirable.

Executive Summary:

As of March 31, 2026, invested funds for the City of Monterey Park total $80,592,953.85.

Background:

In accordance with the City’s Investment Policy, a monthly investment report is presented to the City Council showing the types of investments, dates and maturities, amounts of deposits, rates of interest, and the current market values for securities with maturity more than 12 months. The attached monthly investment report includes a portfolio summary from Chandler Asset Management.

Strategic Plan Goal:

N/A

Fiscal Impact:

N/A

Attachments:

1. Monthly Investment Report

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City Council Staff Report

Date: May 6, 2026
Agenda Item Number: 10.B.

To: The Honorable Mayor and City Council
From: Laura Borjon, Finance Manager
Subject: Setting of Assessments and Public Hearing for Citywide Maintenance District No. 93-1 for Fiscal Year 2026-27 under the Landscaping and Lighting Act of 1972

Recommendation:

It is recommended that the City Council consider:

1. Adopting a resolution initiating and declaring the City Council’s intent to levy and collect assessments for Fiscal Year 2026-27 in Citywide Maintenance District No. 93-1 under Streets and Highways Code § 22500-22979 and setting a time and place for a public hearing; and

2. Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the proposed Resolution 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”). This action states the City’s intent to levy annual assessments and does not approve new construction or expand services. It is an administrative and fiscal action that will not change the physical environment. Therefore, this action is not a “project” under the CEQA, under 14 Cal. Code Regs. § 15378(b)(4)), and no further environmental review is required.

Executive Summary:

In 1993, the City of Monterey Park (the “City”) formed Citywide Maintenance District No. 93-1 (the “District”) under the Landscaping and Lighting Act of 1972 (the “Act”) to fund streetlighting and landscaping. The Act requires the City to prepare an annual Engineer’s Report and hold a public hearing before levying assessments.

The City contracts with Francisco and Associates to prepare the annual Engineer’s Report and submit District assessments to the County of Los Angeles for inclusion on property tax bills.

The Engineer’s Report explains District costs, services, and how assessments are shared among properties.

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The proposed assessment is $40.97 per Equivalent Dwelling Unit (EDU) and has not increased since 1996. City staff recommends holding a public hearing on June 3, 2026. After the hearing, the City Council may approve the assessments.

Background:

The City formed the District to fund streetlighting and landscaping. Assessment revenues pay a portion of these costs, and the City’s General Fund pays the remaining amount.

The City must complete the proposed process each year to continue the collection of assessments. The City has followed this process for the past 33 years. The assessment rate for the District has not been increased since 1996. To begin the process for Fiscal Year 2026- 27, the attached resolution and Engineer's Report are before the City Council.

Resolution of Initiation/ Intention
Adoption of the attached resolution starts the annual process for Fiscal Year 2026-27, states the City Council’s intent to levy assessments, and prelaminarly approves the Engineer’s Report. It describes the District and sets the public hearing.

The proposed District assessment is $40.97 per single-family home, i.e., one equivalent dwelling unit (“EDU”) and has not increased since 1996, which has not been increased since 1996. Multi-family residential uses are given a factor of 0.85 EDUs per dwelling unit and assessed accordingly. Parcels designated for mobile home park uses are assigned 0.50 EDUs per unit and assessed accordingly, and Commercial/Industrial parcels will be assessed 7.26 EDUs for each acre, or any portion thereof up to five (5) acres and 0.73 EDUs for every additional acre or portion thereof above five acres.

City staff recommends the public hearing be scheduled for June 3, 2026 at 6:30 p.m. in the City Council Chamber. The City will give notice of the public hearing as required by law.

Strategic Plan Goal:

N/A

Fiscal Impact:

The proposed assessment rate for Fiscal Year 2026-27 is the same as Fiscal Year 2025-26.

The total projected assessment revenue is $1,019,854. If the City does not approve the assessments, it must reduce or replace such funding to maintain current streetlighting and landscaping service levels.

Attachments:

1. Resolution

2. Fiscal Year 2026-27 Engineers Report

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Staff Report
May 6, 2026

ATTACHMENT 1
Resolution

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RESOLUTION NO. 2026-____

RESOLUTION INITIATING AND DECLARING THE CITY COUNCIL’S

INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR
2026-2027 IN CITYWIDE MAINTENANCE DISTRICT NO. 93-1 PURSUANT THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND
HIGHWAYS CODE §§ 22500 –22679) AND SETTING A TIME AND PLACE

FOR A PUBLIC HEARING

BE IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTION 1: The City Council has, by previous Resolutions, formed the City of Monterey Park Citywide Maintenance District No. 93 -1 (hereafter referred to as the “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), which provides for the levy and collection of assessments by the County of Los Angeles (“County”) for the City of Monterey Park to fund the operation and maintenance of landscaping, streetlighting, and related facilities.

SECTION 2: The City Council finds as follows:

A. The City Council seeks to order the preparation of an Engineer’s Report and declares the intention to levy and collect assessments pursuant to the Act for the District; and

B. The assessments are existing assessments under the Act and are not increased for Fiscal Year 2026- 27. The City is conducting annual proceedings to levy existing assessments and is not imposing or increasing an assessment requiring property -owner balloting under Article XIII D, section 4 of the California Constitution.

SECTION 3: An Engineer’s Report (“Report”), dated May 6, 2026, was prepared pursuant to Streets and Highways Code § 22566 for Fiscal Year 2026-27. A copy of the Report is attached as Exhibit “A” and incorporated by reference.

SECTION 4: After reviewing the Report, the City Council finds as follows:

A. The Report sufficient ly meets the requirements set forth in Streets and Highways Code §§ 22565, et seq.

B. The Engineer's estimate of the itemized costs and expenses of District improvements and services , as contained in the Report, is preliminarily approved and confirmed.

C. The diagram, showing the boundaries of the land within the District referred to and described in the Report, is preliminarily approved and confirmed.

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Resolution No. 2026-___

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The proposed assessment is in proportion to the estimated special benefit to be received by each parcel, as described in the Report, and is preliminarily approved and confirmed.

D. The Report may be used for the purposes of all subsequent proceedings pursuant to the proposed assessment.

SECTION 5: The City Council directs the City Clerk to give notice that the City Council intends to undertake proceedings for levy ing and collecting of special assessments for Fiscal Year 2026-27 on real property within the District for the continued maintenance of certain improvements as shown and delineated on a map previously approved by City Council and on file with the City (“Map”) pursuant to Streets and Highways Code § 22508.

The Map is incorporated by reference and available for public inspection. Any proposed changes to the Map, maintenance, and assessments are set forth in the Report.

SECTION 6: On June 3, 2026, the City Council will consider ordering the annual assessment recommended in the Report. The annual assessment proposed for each Equivalent Dwelling Unit (“EDU”) in the Report is $40.97 for Fiscal Year 2026-27, the same as Fiscal Year 2025-26.

SECTION 7: If approved, t he assessment funds maintenance of landscaping and streetlighting improvements, as set forth in the Report.

SECTION 8: If approved, t he County Auditor/Controller must enter the assessments on the County Assessment Roll and collect them at the same time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, must be paid to the City Treasurer for the purpose of paying the costs and expenses of the District.

SECTION 9: All monies collected for such assessments must be deposited in a special fund known as "Special Fund City of Monterey Park Citywide Maintenance District No. 93-

1." Payment may be made out of said fund only for the purposes stated in this Resolution.

SECTION 10: Any public property included within the boundaries of the District is exempt from assessment.

SECTION 11: The public hearing to consider levying the assessments identified in this Resolution will take place on June 3, 2026 , or as soon thereafter as is practicable, at a regular meeting of the City Council at the Council Chamber, 320 West Newmark Avenue, Monterey Park.

SECTION 12: The City Clerk is hereby authorized and directed to publish this Resolution pursuant to Government Code § 6061 and Streets and Highways Code § 22554.

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Resolution No. 2026-___

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SECTION 13: A majority protest from the property owners may require abandonment of any proposed increase in the assessment for Fiscal Year 2026-27. Written protests must be submitted to the City Clerk's office at City Hall, 320 West Newmark Avenue, Monterey Park, CA 91754, before the closing of the public hearing on June 3, 2026. Each written protest must state the grounds of objection and describe the property owned.

SECTION 14: For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person so designated:

Martha Garcia
Director of Finance
City of Monterey Park
320 West Newmark Avenue
Monterey Park, California 91754
(626) 307-1349

SECTION 1 5: 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 1 6: 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 1 7: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED, APPROVED, AND ADOPTED this 6th day of May, 2026.

Elizabeth Yang, Mayor

ATTEST: APPROVED AS TO FORM:

Maychelle Yee, City Clerk Joaquin Vasquez, Assistant City Attorney

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Resolution No. 2026-___

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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 Resolution No. 2026- _ was duly adopted and passed at a regular meeting of the Monterey Park City Council on the 6th of May, 2026, by the following vote:

Ayes: Council Members:

Noes: Council Members:

Abstain: Council Members:

Absent: Council Members:

DATED this 6th day of May, 2026.

Maychelle Yee, City Clerk
Monterey Park, California

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Staff Report
May 6, 2026
ATTACHMENT 2
Fiscal Year 2026-27
Engineer’s Report

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Citywide Maintenance District No. 93-1
Fiscal Year 2026-27
Engineer’s Report
May 6, 2026

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Citywide Maintenance District No. 93-1
Fiscal Year 2026-27 TABLE OF CONTENTS
-i-

TABLE OF CONTENTS
AGENCY DIRECTORY ................................................................................................. ii CERTIFICATIONS ........................................................................................................ iii SECTION I – Introduction .............................................................................................. 1 SECTION II – Engineer’s Report ................................................................................... 2 PART A – Plans and Specifications .................................................................. 3 PART B – Estimate of Cost .............................................................................. 4 PART C – Assessment District Diagram .......................................................... 5 PART D – Method of Apportionment of Assessment ........................................ 6 PART E – District Assessment Roll (on file with the City Clerk) ....................... 9

APPENDICES
APPENDIX A – Inventory of Parcels for Fiscal Year 2026-27

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Citywide Maintenance District No. 93-1
Fiscal Year 2026-27 AGENCY DIRECTORY
-ii-

CITY OF MONTEREY PARK

COUNCIL MEMBERS AND STAFF
Elizabeth Yang
Mayor
Henry Lo
Mayor Pro Tem
Jose Sanchez
Council Member
Thomas Wong
Council Member
Vinh T. Ngo
Council Member
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
Maychelle Yee
City Clerk
Martha Garcia
Finance Director
Shawn Igoe
Public Works Director
Francisco & Associates
Assessment Engineer

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Citywide Maintenance District No. 93-1
Fiscal Year 2026-27 CERTIFICATIONS
-iii-

CERTIFICATIONS
This Engineer’s Report contains the necessary information required to conduct the proceedings and is submitted to the Office of the City Clerk of the City of Monterey Park for filing and public inspection.

Martha Garcia Date
Director of Finance
.

Okan Demirci Date
CE No. 90039
Acting City Engineer
04/16/2026
4/20/2026

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Citywide Maintenance District No. 93-1 SECTION I
Fiscal Year 2026-27 INTRODUCTION
-1-

SECTION I

INTRODUCTION
Background
In 1993, the City of Monterey Park (“City”) formed Citywide Maintenance District 93-1 (“District”) under the Landscape and Lighting Act of 1972 (“Act”). Assessments are levied on parcels in the District, in proportion to the special benefit each parcel receives, to provide the City with a source of revenue for the cost of operation and maintenance of street trees, landscaping, and streetlights on arterial streets in the City. The assessment rate for the District has not been increased since 1996 and the City continues to use General Fund monies to cover shortfalls due to significant inflationary cost increases.

Increasing the District assessment rate requires noticing and balloting property owners in the City in accordance with Article XIIID, Section 4 of the California Constitution.

Streetlighting, when well maintained, provides protection of property, increased pu blic
safety, reduction of traffic accidents, and savings in accident costs and lost working hours.

Stre
et trees and landscaping, when well maintained, provides beautification, shade, traffic safety, aesthetic appeal, and enhancement of the desirability of the surroundings, along with a direct and positive effect on property values. Property values in a community are increased when public infrastructure such as street trees, landscaping, and streetlighting are in place, improved, operable, safe, clean, and maintained. The operation, servicing, and maintenance of facilities benefiting parcels within the District is in accordance with the Act, and performed pursuant to City ordinances and regulations.

Current Annual Administration
As required by the Act, City Council has followed a multi-step Council meeting process each year to approve the levy of assessment s on parcels within the District. The annual process includ es the preparation and approva l of a
n annua l Engineer’s Report and
holding a public hearing.

City Council will hold a public hearing on June 3, 2026 to provide an opportunity for any interested person to be heard. Notice of the public hearing will be provided in accordance with the Act and California Government Code. At the conclusion of the public hearing, City Council may approve the Engineer’s Report and adopt a resolution confirming the levy of assessments as proposed or as modified. Following adoption of this resolution, the Assessor’s Roll for the District will be prepared and filed with the Los Angeles County (“County”) Auditor’s Office for inclusion on the Fiscal Year 2026-27 property tax roll.

Payment of District assessments will be made in the same manner and at the same time as payments made for property taxes for each respective parcel. Revenues from District assessments must be placed in a special fund and shall only be used for the purposes stated in this report.

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Citywide Maintenance District No. 93-1 SECTION II
Fiscal Year 2026-27 ENGINEER’S REPORT
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SECTION II
ENGINEER’S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPE AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE

CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Intention adopted by the City Council of the City of Monterey Park on May 6, 2026. I, Okan Demirci, the duly appointed Engineer of Work, submit herewith the "Report" consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Monterey Park and incorporated herein.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2026-27, including incidental costs and expenses in connection therewith.

The estimate of cost is on file in the Office of the Director of Public Works of the City of Monterey Park and incorporated herein.

P
ART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Monterey Park.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits received.

PART E: DISTRICT ASSESSMENT ROLL
This part contains the County Assessor’s Parcel numbers, and the amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Monterey Park and keyed to the records of the County Assessor, which are incorporated herein by reference.

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Citywide Maintenance District No. 93-1 SECTION II
Fiscal Year 2026-27 PART A

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PART A

PLANS AND SPECIFICATIONS

The District provides for the operation, servicing, and maintenance of street trees, landscaping, and streetlighting, including but not limited to, personnel, electricity, utilities, materials, and contracting services as described below. Improvement plans are on file in the Office of the Director of Public Works of the City of Monterey Park.

Maintenance means the furnishing of services and materials for the ordinary and usual operation and servicing of the landscaping and public lighting facilities including repair, removal or replacement of all or part of any of the landscaping and public lighting facilities.

Maintenance also means providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing , treating for disease or injury, and the removal of trimmings, rubbish, debris, and other solid waste.

Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or improvements and the furnishing of electric current or energy, gas, or other illuminating agent for the public lig hting facilities, or for the lighting or operation of landscaping.

Street Trees and Landscaping
Landscaping, planting shrubbery and trees, irrigation systems, hardscapes, and fixtures in public rights-of way within the boundaries of the District.

Streetlighting
Poles, fixtures, bulbs, conduits, equipment including anchors, posts and pedestals, and metering devices, as required to provide safety lighting in public rights -of-way within the boundaries of the District.

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Citywide Maintenance District No. 93-1 SECTION II
Fiscal Year 2026-27 PART B

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PART B

ESTIMATE OF COST

The Act provides that the cost of operati on, maintenance, and servicing of landscaping, lighting, and associated facilities can be re covered by the District. Incidental costs including administration of the District, engineering fees, legal fees and all other ancillary costs associated with the operati on, maintenance, and servicing of the District can also be included.

The Act requires the City establish a special fund for the costs and revenues of the District.

Funds generated by District assessments can be used only for the purposes stated in this Report. Contributions to the District from the City’s General Fund may be made to reduce assessments, as City Council deems appropriate. Any balance or deficit remaining at the end of each fiscal year (June 30
th) must be carried over to the next fiscal year.

The following table is a summary of the es timated costs and revenues by maintenance category for Fiscal Year 2026-27.

Streetlighting Operations and Maintenance (O&M) $1,052,115 Street and Facility Landscaping O&M $1,331,145
Reserve Collection $0
Total Estimated Costs: $2,383,260
Portion of Assessments to fund Streetlighting O&M $450,225 Portion of Assessments to fund Street and Facility Landscaping O&M $569,629 Total Assessment Amount for Fiscal Year 2026-27 $1,019,854 City General Fund Contributions $1,363,406
Total Estimated Revenues: $2,383,260
ESTIMATED COSTS AND REVENUES FOR FISCAL YEAR 2026-27
Estimated Revenues
Estimated Costs

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Citywide Maintenance District No. 93-1 SECTION II
Fiscal Year 2026-27 PART C

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PART C

ASSESSMENT DISTRICT DIAGRAM

The Assessment District Diagram is on file in the office of the City Clerk of the City of Monterey Park. The boundaries of the District are coterminous with Monterey Park City Limits. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor, for the year when this Report was prepared.

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Citywide Maintenance District No. 93-1 SECTION II
Fiscal Year 2026-27 PART D

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PART D

METHOD OF APORTIONMENT OF ASSESSMENT

General
The Act permits the establishment of assessment districts by public a gencies for the purpose of providing certain public improvements which include the operation, maintenance, and servicing of landscaping, lighting, and associated facilities.

Section 22573 of the Act requires that assessments must be levied according to benefit rather than according to assessed value. This Section states:

"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each s uch lot or parcel from the improvements.”

Benefit Determination
Special benefits from the public facilities operated and maintained by the District are received directly by all parcels within the City. The operation, maintenance, and servicing of streetlighting and landscaping is distributed throughout the District and is of direct and special benefit to all parcels within the District. Therefore, costs attributed to these benefits are spread to all parcels within the District in accordance with the Assessment Formula described below.

Special benefits include maintenance of street trees and landscaping on arterial streets, which are the main travel ways of the City. The primary benefits of street trees and landscaping on arterial streets are the improved safety and aesthetic appeal within the community. Streetlighting is also considered a special benefit since all parcels within the City access public streets with streetlights. The primary benefits of streetlights are convenience, safety, security, and protection of property, property im provements, and persons. Facilities that are unsafe or destroyed by the elements or vandalism decrease quality of life. Costs incurred by the City to administer these programs are also considered a citywide benefit.

Assessment Formula
Costs attributed to the special benefits described above are spread to all parcels within the District based on Equivalent Dwelling Units (EDUs) by taking into consideration land use and parcel size as follows:

Single-Family Residential
The single-family residential parcel has been selected as the basic unit for calculation of the benefit assessments. Parcels developed for single family residential uses, including condominiums, are assessed one (1) EDU.

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Citywide Maintenance District No. 93-1 SECTION II
Fiscal Year 2026-27 PART D

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Multi-Family Residential
Multi-family residential uses are given a factor of 0.85 EDUs per dwelling unit. Based on data from representative cities in urban Southern California, the multi-residential factor of 85 percent is determined by the statistical proportion of relative trip generation from various types of residential uses, in combination with population density per unit.

Mobile Home
Parcels designated for mobile home park uses are assigned 0.50 EDUs per unit.

Commercial/Industrial
In converting improved non-residential properties to EDUs, the factor used is the typical lot size for single-family residential parcels, which is 6,000 square feet, or 7.26 dwelling units per acre.

Commercial/Industrial parcels will be assessed 7.26 EDU s for each acre, or any portion thereof up to five (5) acres and 0.73 EDUs for every additional acre or portion thereof above five acres. This lower EDU factor is based upon the fact that many of the larger commercial/industrial developments contain internal street systems and provide their own streetlighting. Commercial/Industrial parcels will be assessed a minimum of one (1) EDU.

Vacant Commercial/Industrial
Parcels which are not zoned for residential use, and which do not have structures on the parcels, are assessed based upon the acreage of the parcel. These parcels will be assessed at 50 percent of the rate of improved Commercial/Industrial property. Vacant commercial/industrial parcels will be assessed a minimum of 0.50 EDUs.

Vacant Residential
Vacant Residential property is described as parcels with no improved dwelling structures.

These properties receive benefits based on their land, as this is the basis of their value.

The land value portion of residential property in Monterey Park is about 50 percent.

Parcels defined as single-family residential parcels, which do not have structures on the parcels are therefore assessed at 50 percent of a single -family residential parcel .

Therefore, vacant single -family residential parcels will be assessed at 0.50 EDU s per parcel. Parcels defined as vacant multi -family residential will be assessed at 50 percent of the rate for vacant Commercial/Industrial property. Therefore, vacant multi-family residential parcels will be assessed a minimum of 0.25 EDUs.

Institutional
Institutional parcels are defined as those used for private schools, lodge halls, convalescent hospitals, and other similar uses. These parcels will be assessed at the same rate as improved commercial/industrial property.

Utility
Parcels owned by private utility companies will be assessed at the same rate as improved commercial/industrial property based upon comparable land use for the property. Utility rights of way will be exempt from assessments.

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Citywide Maintenance District No. 93-1 SECTION II
Fiscal Year 2026-27 PART D

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Exempt
Parcels of land defined in the County Assessor's records as being exempt from property taxes will be exempt from District assessments. This includes all publicly owned property in performance of a public function , easements and public utility rights-of-way, and common areas.

Maximum and Proposed Assessment Rate for Fiscal Year 2026-27 The maximum annual assessment rate for the District is $40.97 per EDU, which has not been increased since 1996. There is no increase proposed for Fiscal Year 2026-27 and the City is proposing to levy District assessments at the maximum assessment rate. The total anticipated assessment amount for Fiscal Year 2026-27 is $1,019,854.

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Citywide Maintenance District No. 93-1 SECTION II
Fiscal Year 2026-27 PART E

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PART E

DISTRICT ASSESSMENT ROLL

Parcel identification for each lot or parcel within the District, shall be as shown on the County assessor parcel maps and/or the County secured property tax roll for the year in which this Report is prepared. A listing of parcels to be assessed within the District along with the proposed assessment amount is on file in the office of the City Clerk of the City of Monterey Park.

Upon approval of this Report, and confirmation of the proposed assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for Fiscal Year 2026-27. If the parcels within the District and referenced in this Report, are re -numbered, re-apportioned, or changed by the County Assessor’s Office after approval of this Report, the new parcel along with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger, or change in tax status, the assessment amount submitted on the new parcels will be based on the Method of Apportionment described in Part D of this Report.

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Citywide Maintenance District No. 93-1
Fiscal Year 2026-27 APPENDIX A

APPENDIX A

INVENTORY OF PARCELS FOR FISCAL YEAR 2026-27

No. of
Parcels
Residential
Units Acres EDUs
Assessment
Amount
13,830 13,830 N/A 13,830.00 $566,615.10
114 N/A N/A 57.00 $2,335.86
1,431 6,891 N/A 5,857.35 $239,975.74
2 N/A 0.87 1.58 $64.74
2 25 N/A 12.50 $512.13
936 N/A 515.31 3,718.34 $152,340.52
40 N/A 222.96 289.01 $11,840.80
50 N/A 40.11 291.72 $11,951.76
58 N/A 199.13 835.17 $34,216.93
Exempt:
a. Alhambra City School District 4 0.00 $0.00
b. Garvey School District 3 0.00 $0.00
c. L.A. City Community College 4 0.00 $0.00
d. L.A. County Flood Control District 4 0.00 $0.00
e. L.A. County 10 0.00 $0.00
f. L.A. Unified School District 2 0.00 $0.00
g. Metropolitan Water District 7 0.00 $0.00
h. Montebello Unified School District 2 0.00 $0.00
i. State of California 4 0.00 $0.00
j. City of Montebello 1 0.00 $0.00
k. City of Monterey Park 46 0.00 $0.00
l. Common Area 21 0.00 $0.00
108 N/A N/A 0.00 $0.00
Totals: 16,571 20,746 978.37 24,892.67 $1,019,853.58
Subtotal (a-l):

Commercial/Industrial
Vacant Commercial/Industrial
Institutional
Utilities

N/A N/A
Land
Use
Single-Family Residential
Vacant Single-Family Residential
Multi-Family Residential
Vacant Multi-Family Residential
Mobile Homes

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City Council Staff Report

Date: May 6, 2026
Agenda Item Number: 10.C.

To: The Honorable Mayor and City Council
From: Timothy Hou, Director of Community Development
Subject: Waive further reading and adopt a regular ordinance to enact a citywide prohibition on data centers, and waive further reading and adopt a regular ordinance that would implement Measure NDC and become effective the same date as Measure NDC, if adopted by voters on June 2, 2026

Recommendation:

It is recommended that the City Council consider:

1. Waiving second reading and adopting the proposed regular ordinance to enact a citywide prohibition on data centers;

3. Taking such additional, related, action that may be desirable.

B. There is no possibility that the Ordinances may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)). A prohibition on data centers means they cannot be constructed.

C. These Ordinances, by themselves, do not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378).

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scope of the project covered by the … EIR, and no new environmental document would be required.” The City Council finds that it certified a Final Environmental Impact Report (“FEIR”) for the Monterey Park Land Use and Urban Design Element (as adopted by Ordinance No. 2198 and approved by voters as Measure JJ on November 3, 2020) which was filed as State Clearing House No. 2001-01-1074. The Ordinances will not result in any new environmental impact not already considered in the FEIR and no further environmental review is required.

Executive Summary:

Each of these regular ordinances was introduced and received first reading at the April 20, 2026, City Council special meeting. Second reading and adoption of these ordinances is recommended. If adopted, the regular ordinance to enact a citywide prohibition will take effect in 30 days (Attachment 1). The regular ordinance that would implement Measure NDC would become effective the same date as Measure NDC, if adopted by voters on June 2, 2026 (Attachment 2). The staff report from April 20, 2026, is attached for reference (Attachment 3).

Please note that Urgency Ordinance No. 2276 enacting a citywide prohibition on data centers was also adopted on April 20, 2026 and took effect immediately upon adoption. Urgency Ordinance No. 2276 does not require a second reading.

Background:

See Attachment 3 – April 20, 2026, City Council Report.

Strategic Plan Goal:

N/A

Fiscal Impact:

There are no identifiable fiscal impacts associated with adopting the ordinances themselves (other than costs associated with codifying the ordinances).

Attachments:

1. Ordinance No. XXXX - Adopting a citywide prohibition on data centers

2. Ordinance No. XXXX - Adopting implementing Measure NDC

3. City Council Staff Report, dated April 20 2026 (without attachments)

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ATTACHMENT 1
Ordinance ____
Adopting a citywide prohibition on data centers

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ORDINANCE NO. ____

AN ORDINANCE ADOPTING A CITYWIDE PROHIBITION ON DATA

CENTERS AND AMENDING THE MONTEREY PARK MUNICIPAL CODE
TO IMPLEMENT SUCH PROHIBITION.

The city council of the city of Monterey Park does ordain as follows:

SECTION 1: The City Council finds and determines as follows:

A. Article XI, § 7 of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations.

B. Government Code § 38771 authorizes the City to declare what constitutes a nuisance by ordinance.

C. The City’s ability to abate public nuisances through its police powers is well-established (see, e.g., Civil Code §§ 3479, 3480; People ex rel. Gallo v.

Acuna (1997) 14 Cal.4th 1090; People v. Greene (1968) 264 Cal.App.2d 774).

D. The City Council’s purpose in adopting this ordinance is to establish a clear, permanent land use policy that data centers are not an allowed land use anywhere within the City, thereby providing certainty to residents, businesses, and property owners about long‑term development expectations.

E. On November 3, 2020, the voters adopted Ordinance No. 2198, approved as Measure JJ, which updated the Land Use and Urban Design Element of the General Plan (“Measure JJ”).

F. In 2023, the City Council adopted Ordinance No. 2231 approving the Market Place Specific Plan and related zoning regulations to govern the final phase of development for the Monterey Park Market Place, a multi‑tenant regional shopping center with retail, auto dealership, last‑mile distribution, and warehouse uses, along with an amended and restated development agreement.

That Specific Plan defines “data center” as a facility, or group of structures, used to house a large group of networked computer systems for the remote storage, processing, or distribution of large amounts of data. Data centers are allowed as a primary land use.

G. In 2024, the City Council amended the zoning regulations in MPMC Chapter 21.14 governing Saturn Park to distinguish between a “data processing facility” and “data center.” Such data centers would only be approved in Saturn

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Park with a development agreement approved by the City Council in accordance with California law.

H. The City Council considered data center regulations in multiple forums, including through interim moratoria and community groups, and now intends to adopt a uniform, citywide prohibition so that data centers are not an allowed use under any General Plan land use designation or zoning regulations.

I. On January 21, 2026, the City Council adopted an interim urgency ordinance prohibiting the processing of pending, and acceptance of new, data center land use applications within Saturn Park while the City considered adopting additional regulations for such land uses.

J. The City Council subsequently adopted Ordinance No. 2272 and then Ordinance No. 2274, which extended a temporary moratorium prohibiting the processing of pending, and acceptance of new, data center land use applications citywide, to prevent approvals that could conflict with pending land use and zoning regulations updates.

K. The City Council previously found that these interim ordinances were matters of local and citywide importance and were not directed toward any particular business, applicant, or project, but rather were necessary to maintain the status quo during the City’s broader policy review.

L. Through Resolution No. 2026‑R6, captioned the “Community Act Prohibiting Data Centers,” the City Council placed a proposition on the June 2, 2026 special election ballot asking voters whether to adopt an ordinance amending the General Plan to prohibit data centers citywide. That Proposition is designated as Measure NDC on the June 2nd ballot.

M. Measure NDC’s implementing text proposes to amend the Land Use and Urban Design Element to add, for all land use designations, a “Prohibited Land Uses” category specifying that “All data centers are prohibited throughout the City,” with “data center” defined consistently with the definition used in the City’s zoning regulations.

N. Measure NDC further provides that, if approved, the City Council would be authorized and directed to promptly adopt all zoning regulations needed to implement the citywide prohibition on data centers.

O. The City Council finds that continued reliance on interim moratoria is not a complete prohibition on data centers. This ordinance prohibiting data centers harmonizes the anticipated changes to the General Plan and the City’s zoning

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regulations, avoids uncertainty, and clearly communicates that such uses are not allowed under any land use designation within the City.

P. The City Council further finds that data centers, as large, specialized facilities with limited public‑facing activity, are inconsistent with the City’s long‑term planning objectives for employment, mixed‑use, commercial, and industrial areas, and that other, less intensive or more community‑serving uses are more appropriate for the limited developable land within the City.

Q. Based on these findings and declarations, and in the exercise of the City’s police powers under the California Constitution, the City Council concludes that prohibiting data centers as a land use throughout the City, and amending the General Plan and zoning regulations, accordingly, is a necessary and appropriate exercise of the City’s legislative and land use authority.

R. The City Council recognizes that California law including, without limitation, Melton v. City of San Pablo (1967) 252 Cal.App.2d 794 and In re Cindy B. v. Eugene B. (1987) 192 Cal.App.3d 771, allows legislation to be retroactively applied when the legislative intent for such retroactivity is clear.

S. The City Council determines that the MPMC requires updating to protect the public against health, safety, and welfare dangers that may result from data centers.

T. The City Council finds that that this Ordinance is necessary in order to protect the City from the potential effects and impacts of outdated land uses and the accompanying environmental impacts, the aesthetic impacts to the City, and other similar or related effects on property values and the quality of life in the City’s neighborhoods.

SECTION 2: Planning Agency. Pursuant to MPMC § 2.56.020(c), the City Council is acting as the Planning Agency for purposes of the Project.

SECTION 3: Public Nuisance. Data centers are declared to be a public nuisance. Accordingly, Monterey Park Municipal Code (“MPMC”) § 4.30.050 is amended to add a new subsection (jj) to read as follows:

“(jj) Any construction, operation, or maintenance of a data center within this city.”

SECTION 4: Citywide Prohibition. MPMC § 21.02.170 is amended by adding a new subsection “c” to read as follows:

“21.02.170 Limitation on Land Use; Prohibition.

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A. Except as provided in this title, it is unlawful to construct, reconstruct, or structurally alter any building or use any real property for any purpose other than is specifically permitted in the zone in which the building or land is located. Using any building or real property for a purpose prohibited by federal law, state law, or this Code is a misdemeanor.

B. Unless preempted by federal or state law, it is unlawful for any person to construct, operate, reconstruct, or use real property for an airport, helipad or heliport in any zone. Using any building or real property in violation of this subsection is a misdemeanor.

C. Unless preempted by federal or state law, it is unlawful for any person to construct, operate, reconstruct, or use real property for a data center in any zone.

Using any building or real property in violation of this subsection is a misdemeanor.”

SECTION 5: New Definition. A new MPMC § 21.04.295.102 is added to read as follows:

“Associated Data Room or Server Room means an enclosed room, suite, or other accessory space containing computer servers, data storage equipment, network switching equipment, telecommunications equipment, and related supporting equipment, including cooling, electrical, backup power, and security systems, that is used solely in conjunction with and incidental to the primary land use on the same lot or site. An Associated Data Room or Server Room is not a data center, server farm, colocation facility, or other prohibited digital infrastructure use, and cannot be used for independent commercial, wholesale, or third-party data processing, storage, or transmission. This accessory use must remain physically and operationally subordinate to the primary use with which it is associated. Associated Data Rooms or Server Rooms are allowed as an accessory use in all zones.”

SECTION 6: Data Center Definition. A new MPMC § 21.04.295 is added to read as follows:

“Data Center means a building, dedicated space within a building, or group of structures used to house a large group of networked computer systems used for data storage and processing for off-site and on-site users, to be used for the remote storage, processing, or distribution of large amounts of data. Such facilities may also include air handlers, power generators, water cooling and storage facilities, utility substations, back-up batteries, fire suppression systems, enhanced security features, and other associated utility infrastructure to support

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operations.”

SECTION 7: Data Processing Facilities Prohibited. MPMC § 21.14.040 is amended to delete “data processing facility.” Table 21.12(A) in the MPMC is amended to remove reference to “data processing facility.”

SECTION 8: Accessory Uses Allowed. A new MPMC § 21.14.055 is added to read as follows:

“§ 21.14.055 Accessory Uses. Associated Data Rooms and Server Rooms are allowed as an accessory use to any principal or conditional use allowed by this chapter.”

SECTION 9: Saturn Park – Accessory Uses. MPMC § 21.14.210 is amended to delete “data center” and “data processing facility.” It is further amended to add a new definition of “Associated Data Room or Server Room” to read as follows:

“Associated Data Room or Server Room means an enclosed room, suite, or other accessory space containing computer servers, data storage equipment, network switching equipment, telecommunications equipment, and related supporting equipment, including cooling, electrical, backup power, and security systems, that is used solely in conjunction with and incidental to the primary land use on the same lot or site. An Associated Data Room or Server Room is not a data center, server farm, colocation facility, or other prohibited digital infrastructure use, and cannot be used for independent commercial, wholesale, or third-party data processing, storage, or transmission. The use must remain physically and operationally subordinate to the primary use with which it is associated.”

SECTION 10: Development Agreement Repealed. MPMC § 21.14.220 is repealed.

SECTION 11: Market Place – Data Centers Prohibited. Table 1 to the Market Place Specific Plan, adopted by Ordinance No. 2231 (adopted June 21, 2023), is amended to delete “data center.”

SECTION 12: General Plan Findings. Pursuant to Government Code § 65860, the changes implemented by this Ordinance are consistent with the Monterey Park General Plan as amended by Measure JJ. Large, infrastructure‑type data centers are inconsistent with the General Plan’s vision for active, pedestrian‑oriented commercial and mixed‑use districts; for innovation and corporate employment centers that provide high‑quality, people‑oriented jobs; for protection of residential neighborhoods from incompatible encroachment; for high‑quality urban design and active frontages;

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and for a resilient, health‑promoting built environment that avoids new localized environmental burdens. This Ordinance is consistent with Measure JJ as follows:

A. Goal 2 and Policies 2.1–2.3 (dynamic mix of businesses, uses, and employment that sustain a strong local economy and contribute to a fiscally sustainable tax base).

B. Goal 3 and Policy 7.3 (distinctive, complete residential neighborhoods and protection of neighborhoods from the encroachment of incompatible activities or land uses that may negatively impact the residential living environment).

C. Goals 10, 12, 19, and 21 and their associated policies (commercial and mixed‑use districts that provide a variety of retail, service, hospitality, and entertainment uses; high design quality in all commercial development; dynamic, pedestrian‑oriented mixed‑use districts with active ground‑floor frontages and transparent façades; and gateway‑quality design along key corridors).

D. Goal 4 and Policies 4.1–4.5 (a built environment that is resilient and promotes health and wellness; adaptation to and mitigation of climate change; sustainable development practices; prevention and reduction of disproportionate environmental burdens and compounding health risks affecting low‑income and minority populations; and siting of new development in areas that can sustain it long term considering air quality, health indicators, infrastructure, and socio‑economic factors).

E. Goal 24, Goal 25, and Policies 24.1–24.3 and 25.1–25.3 for Innovation Technology areas (Monterey Pass Road and Saturn Park as locations for technology‑oriented, creative‑industry, service, and emerging‑industry businesses; ensuring that zoning permits the range of uses necessary to achieve land use goals; and prohibiting uses that conflict with those goals, including warehousing, trucking‑related, and other incompatible industrial or hazardous‑materials‑intensive uses).

F. Goal 26 and Policies 26.1–26.3 for the Corporate Center (Corporate Center corridor as a premier regional location for high‑rise office, hospitality, and complementary uses; marketing the area for corporate headquarters, research and development facilities, hotels, conference facilities, and related uses; and prohibiting uses that conflict with those objectives).

G. Implementation Program 1 (amend zoning regulations and zoning map to reflect General Plan land use policy and design standards, including requirements for active storefronts in mixed‑use areas, flexibility to accommodate

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emerging uses consistent with land use goals, standards for building massing and transparency, and standards for transition areas to ensure compatibility with established residential neighborhoods).

H. This Ordinance complies with Policy No. 2.1 (limiting environmental pollution); Policy 2.2 (promote enhanced health outcomes and improved quality of life); and Policy 3.2 (work with local business community to expand green space programs).

I. The regulations in this Ordinance will not adversely affect surrounding properties. Such regulations will operate citywide and will not affect a change in the use or the intensity of use of property in any zone.

SECTION 13: Zoning Findings. Pursuant to MPMC § 21.38.050, the City Council finds that the changes implemented by this Ordinance will promote public health, safety and general welfare by, among other things, encouraging the most appropriate use of land, and conservation and stabilization of property value, all in accordance with the General Plan. The proposed changes to the MPMC do not affect any particular property. Rather, they are of citywide application and are intended to enhance property values while balancing property rights.

SECTION 14: Environmental Review. The City Council finds and determines that this Ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons:

A. It will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)). A prohibition on data centers means they cannot be constructed.

B. There is no possibility that the Proposition may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)). A prohibition on data centers means they cannot be constructed.

C. This Ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378).

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finds that it certified a Final Environmental Impact Report (“FEIR”) for the Monterey Park Land Use and Urban Design Element (as adopted by Ordinance No. 2198 and approved by voters as Measure JJ on November 3, 2020) which was filed as State Clearing House No. 2001-01-1074. This Proposition will not result in any new environmental impact not already considered in the FEIR and no further environmental review is required.

SECTION 15: Construction. This Ordinance must be broadly construed 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 16: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 17: Conflicts. In the event of a conflict between the provisions of this Ordinance and the provisions the MPMC, any other ordinance, or any resolution, the provisions of this Ordinance govern. The City Planner is authorized to resolve any ambiguities in the manner set forth in the MPMC. Any such determination must be forwarded to the City Council as an informational item when practicable. The City Manager and City Attorney are authorized to undertake all reasonable actions needed to implement this Ordinance to prohibit data centers.

SECTION 18: Enforceability. Repeal or amendment of any provision of the MPMC 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: 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 20: Retroactivity. The City Council specifically intends that all amendments implemented by this Ordinance be retroactively effective on June 21, 2023.

SECTION 21: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic

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signatures will be treated in all respects as having the same effect as an original signature.

SECTION 22: Effective Date. This Ordinance will become effective 30 days after its second reading and adoption.

SECTION 23: The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

PASSED AND ADOPTED this ____ day of April, 2026.

____________________________
Elizabeth Yang, Mayor

ATTEST:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

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ATTACHMENT 2
Ordinance ____
Adopting implementing Measure NDC

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ORDINANCE NO. ____

AN ORDINANCE ADOPTING IMPLEMENTING MEASURE NDC BY

ESTABLISHING A CITYWIDE PROHIBITION ON DATA CENTERS AND

AMENDING THE MONTEREY PARK MUNICIPAL CODE TO
IMPLEMENT SUCH PROHIBITION.

The city council of the city of Monterey Park does ordain as follows:

SECTION 1: The City Council finds and determines as follows:

B. Government Code § 38771 authorizes the City to declare what constitutes a nuisance by ordinance.

C. The City’s ability to abate public nuisances through its police powers is well-established (see, e.g., Civil Code §§ 3479, 3480; People ex rel. Gallo v.

Acuna (1997) 14 Cal.4th 1090; People v. Greene (1968) 264 Cal.App.2d 774).

E. On November 3, 2020, the voters adopted Ordinance No. 2198, approved as Measure JJ, which updated the Land Use and Urban Design Element of the General Plan (“Measure JJ”).

G. In 2024, the City Council amended the zoning regulations in MPMC Chapter 21.14 governing Saturn Park to distinguish between a “data processing

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facility” and “data center.” Such data centers would only be approved in Saturn Park with a development agreement approved by the City Council in accordance with California law.

O. The City Council finds that continued reliance on interim moratoria is not a complete prohibition on data centers. This ordinance prohibiting data centers

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harmonizes the anticipated changes to the General Plan and the City’s zoning regulations, avoids uncertainty, and clearly communicates that such uses are not allowed under any land use designation within the City.

S. The City Council determines that the MPMC requires updating to make it consistent with changes to the General Plan implemented by Measure NDC.

SECTION 2: Planning Agency. Pursuant to MPMC § 2.56.020(c), the City Council is acting as the Planning Agency for purposes of the Project.

“(jj) Any construction, operation, or maintenance of a data center within this city.”

SECTION 4: Citywide Prohibition. MPMC § 21.02.170 is amended by adding a new subsection “c” to read as follows:

“21.02.170 Limitation on Land Use; Prohibition.

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C. Unless preempted by federal or state law, it is unlawful for any person to construct, operate, reconstruct, or use real property for a data center in any zone.

Using any building or real property in violation of this subsection is a misdemeanor.”

SECTION 5: New Definition. A new MPMC § 21.04.295.102 is added to read as follows:

SECTION 6: Data Center Definition. A new MPMC § 21.04.295 is added to read as follows:

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operations.”

SECTION 8: Accessory Uses Allowed. A new MPMC § 21.14.055 is added to read as follows:

“§ 21.14.055 Accessory Uses. Associated Data Rooms and Server Rooms are allowed as an accessory use to any principal or conditional use allowed by this chapter.”

“Associated Data Room or Server Room means an enclosed room, suite, or other accessory space containing computer servers, data storage equipment, network switching equipment, telecommunications equipment, and related supporting equipment, including cooling, electrical, backup power, and security systems, that is used solely in conjunction with and incidental to the primary land use on the same lot or site. An Associated Data Room or Server Room is not a data center, server farm, colocation facility, or other prohibited digital infrastructure use, and cannot be used for independent commercial, wholesale, or third-party data processing, storage, or transmission. The use must remain physically and operationally subordinate to the primary use with which it is associated.”

SECTION 10: Development Agreement Repealed. MPMC § 21.14.220 is repealed.

SECTION 11: Market Place – Data Centers Prohibited. Table 1 to the Market Place Specific Plan, adopted by Ordinance No. 2231 (adopted June 21, 2023), is amended to delete “data center.”

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and for a resilient, health‑promoting built environment that avoids new localized environmental burdens. This Ordinance is consistent with Measure JJ as follows:

A. Goal 2 and Policies 2.1–2.3 (dynamic mix of businesses, uses, and employment that sustain a strong local economy and contribute to a fiscally sustainable tax base).

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emerging uses consistent with land use goals, standards for building massing and transparency, and standards for transition areas to ensure compatibility with established residential neighborhoods).

B. There is no possibility that the Proposition may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)). A prohibition on data centers means they cannot be constructed.

C. This Ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378).

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SECTION 20: Retroactivity. The City Council specifically intends that all amendments implemented by this Ordinance be retroactively effective on June 21, 2023.

SECTION 21: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic

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signatures will be treated in all respects as having the same effect as an original signature.

SECTION 22: Effective Date. After second reading and adoption, this Ordinance will become effective on the same date as set forth in Section 9 to Measure NDC (Exhibit A to Resolution No. 2026-R6), which is incorporated by reference.

PASSED AND ADOPTED this ____ day of April, 2026.

____________________________
Elizabeth Yang, Mayor

ATTEST:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

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ATTACHMENT 3
City Council Staff Report
dated April 20, 2026 (without attachments)

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City Council Staff Report

Date: April 20, 2026
Agenda Item Number: 5.A.

To: The Honorable Mayor and City Council
From: Timothy Hou, Director of Community Development
Subject: Consideration and possible action to conduct a public hearing to 1) adopt an urgency ordinance to enact a citywide prohibition on data centers; 2) introduce and waive first reading of a regular ordinance to enact a citywide prohibition on data centers; and 3) introduce and waive first reading of a regular ordinance that would implement Measure NDC and become effective the same date as Measure NDC, if adopted by voters on June 2, 2026

Recommendation:

It is recommended that the City Council consider:

1. Opening a public hearing to receive written and testimonial evidence regarding a potential citywide prohibition on data centers;

2. After receiving such evidence, consider:
a. Adopting an urgency ordinance that would take effect immediately upon adoption to enact a citywide prohibition on data centers;
b. Introducing and waiving first reading of a regular ordinance to enact a citywide prohibition on data centers;
c. Introducing and waving first reading of a regular ordinance that would implement Measure NDC and become effective the same date as Measure NDC, if adopted by voters on June 2, 2026, in accordance with the Elections Code and Measure NDC; and

3. Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act): This Ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons:

B. There is no possibility that the Proposition may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)). A prohibition on data centers means

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they cannot be constructed.

C. This Ordinance, by itself, do not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378).

D. Additionally, CEQA Guidelines § 15168(c)(2) provides that if a project is proposed which has been the subject of a prior certified EIR, and “[i]f the [City] finds that pursuant to [14 Cal. Code of Regs.] Section 15162, no new effects could occur or new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the … EIR, and no new environmental document would be required.” The City Council finds that it certified a Final Environmental Impact Report (“FEIR”) for the Monterey Park Land Use and Urban Design Element (as adopted by Ordinance No. 2198 and approved by voters as Measure JJ on November 3, 2020) which was filed as State Clearing House No. 2001-01-1074. This Proposition will not result in any new environmental impact not already considered in the FEIR and no further environmental review is required.

Executive Summary:

The City Council has considered regulating data centers since 2024. Since that time, the Council has made various policy choices including amending the Monterey Park Municipal Code (“MPMC”) to regulate data centers in Saturn Park; adopting interim moratoria on processing data center applications; and, most recently, placing a city-sponsored ballot measure onto the June 2, 2026 special election (designated as Measure NDC).

On March 4, 2026, the City Council directed the City Manager and City Attorney to initiate a process to consider a citywide prohibition on data centers before the voters consider Measure NDC. A public hearing was noticed for a special meeting on April 20, 2026, to consider proposed amendments to the MPMC prohibiting data centers citywide. If adopted, the three draft ordinances would make the same changes to the MPMC: converting the City Council’s recent interim actions into a permanent land use policy by prohibiting data centers citywide, declaring them a public nuisance, and removing them from Saturn Park zoning regulations and the Market Place Specific Plan. They would also make it apparent that server rooms are an accessory use to otherwise lawful primary land uses.

Background:

Measure JJ, approved by Monterey Park voters in 2020, updated the Land Use and Urban Design Element and established the General Plan framework that now guides land use policy in the City. In 2023, the City adopted the Market Place Specific Plan, which expressly allowed data centers as a primary land use within that specific plan area.

In 2024, the City amended Saturn Park regulations to distinguish between “data processing facility” and “data center,” with a data center requiring approval via a development agreement adopted by ordinance. This distinction mattered because a data processing facility could otherwise be processed ministerially if it met objective standards, while a data center required discretionary City Council legislative action and environmental review.

On January 21, 2026, the City Council adopted an interim urgency ordinance prohibiting the processing of pending, and acceptance of new, data center applications in Saturn Park while broader policy review was considered. The Council subsequently adopted Ordinance Nos. 2272 and 2274 extending the moratorium citywide to maintain the status quo while considering

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broader zoning and General Plan changes.

On February 4, 2026, Council direction shifted from only preparing zoning regulations to also preparing a ballot proposition, based on the view that a voter-approved prohibition would provide stronger long-term protection against future data center proposals and future policy reversals.

On March 4, 2026, the Council adopted Resolution No. 2026-R6 placing the “Community Act Prohibiting Data Centers” on the June 2, 2026 special election ballot as Measure NDC. If approved by voters, Measure NDC would amend the General Plan to prohibit data centers citywide.

At its March 4th meeting, the City Council expressed its concern that the interim moratorium on data centers (which lasts until January 2027) is not a complete prohibition on data centers. The City Council did not wish to create uncertainty about whether such uses remain permissible in some parts of the City.

Consequently, the City Manager and City Attorney were instructed to begin the noticing process for amending zoning regulations within the MPMC to make it plain that data centers are prohibited citywide – even before voter consideration of Measure NDC.

What Each Ordinance Does
Ordinance Primary Function When It
Operates
Core Legal Rationale
Urgency
ordinance
(Attachment 1)
Immediately
prohibits data
centers citywide
and amends the
Municipal Code
accordingly.

Takes effect
immediately upon
adoption by four-
fifths vote.

Immediate preservation
of public peace, health,
safety, and welfare
under Government
Code §§ 36934 and
36937(b).

Regular
ordinance
(Attachment 2)
Permanently
prohibits data
centers citywide
and amends the
Municipal Code
through the
Council’s ordinary
legislative
authority.

Takes effect on
the normal
schedule for non-
urgency
ordinances.

Exercises police power
and zoning authority to
adopt a citywide
prohibition directly.

Regular
ordinance
implementing
Measure NDC
(Attachment 3)
Implements the
voter-adopted
General Plan
prohibition by
conforming the
Municipal Code to
Measure NDC.

Operates if
Measure NDC is
approved and
local zoning must
be harmonized
with the amended
General Plan.

Elections Code § 9217
and Government Code
§ 65860 support post-
election implementation
and General
Plan/zoning
consistency.

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Substantively, all three ordinances make nearly the same code changes. Each declares data centers a public nuisance; adds a citywide prohibition in MPMC § 21.02.170; defines “data center”; creates a narrow allowance for “Associated Data Room or Server Room” as an accessory use; removes “data processing facility” and “data center” from Saturn Park zoning regulations; repeals Saturn Park development-agreement provisions, and deletes “data center” from the Market Place Specific Plan. All are retroactive to June 21, 2023.

Ordinance Implementing Measure NDC
Measure NDC was placed on the June 2, 2026 ballot by Resolution No. 2026-R6. If approved by voters, Measure NDC would amend the General Plan to prohibit data centers citywide and would remain in effect unless changed by the voters. Measure NDC itself contemplates further City Council action. Its text states that, upon voter approval, the Council is authorized and directed to promptly adopt all zoning regulations needed to effectuate the citywide prohibition.

Consequently, this draft ordinance is best understood not as an alternative policy, but as the code-amending ordinance necessary to carry out the voter-approved General Plan amendment if the electorate approves it. Rather than wait until after Measure NDC were to become effective, the proposed ordinance (if adopted by the Council) would become effective concurrently with Measure NDC. This will avoid the need for further noticing and public hearings.

Accessory Server Rooms
A significant feature of all three ordinances is that they do not ban ordinary accessory technology functions that are subordinate to lawful primary land uses. Each ordinance creates an “Associated Data Room or Server Room” land use for enclosed accessory spaces containing servers and related equipment used solely in conjunction with, and incidental to, the primary use on the same site, while prohibiting independent commercial or third-party data processing use.

This distinction matters because it narrows the prohibition to standalone or principal data center uses rather than incidental technology infrastructure within otherwise lawful businesses, offices, institutions, or other uses. As drafted, the policy aim is to prevent large-scale infrastructure-type data center land uses while preserving normal building operations that rely on internal server rooms.

Strategic Plan Goal:

N/A

Fiscal Impact:

There are no identifiable fiscal impacts associated with adopting the Ordinance itself (other than costs associated with codifying the Ordinance).

Attachments:

1. Urgency Ordinance No. XXXX - Citywide prohibition on data centers

2. Ordinance No. XXXX - Adopting a citywide prohibition on data centers

3. Ordinance No. XXXX - Adopting implementing Measure NDC

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City Council Staff Report

Date: May 6, 2026
Agenda Item Number: 10.D.

To: The Honorable Mayor and City Council
From: Diana Garcia, Assistant City Manager
Subject: Adoption of 2026-27 City Council Strategic Plan Goals and Objectives and Legislative Platform

Recommendation:

It is recommended that the City Council consider:

1. Adopting the attached 2026-27 Monterey Park City Council Strategic Plan Goals and Objectives,

2. Adopting the attached 2026-27 Monterey Park Legislative Platform; and

3. Taking such additional, related, action that may be desirable.

Executive Summary:

At its March 7, 2026 public meeting, the City Council and City’s executive management team met to discuss City Council priorities, strategic plan goals and 12-month objectives for 2026-

27. The Strategic Plan goals and objectives enable the City to efficiently move the community forward by focusing on specific objectives during the fiscal year. The City Manager is responsible for assigning these objectives to staff in order to carry out the strategic directions of the City Council.

Additionally, the Assistant City Manager has drafted a legislative platform consistent with Council's stated priorities. Adoption of this platform will allow staff to draft letters of support on behalf of proposed legislation or actions which are in the City's interest, and to draft letters of opposition for bills that would negatively affect the City and its residents. Currently, staff must take these letters to Council for approval during an agendized public meeting, which can take weeks and keep the City from effectively and efficiently advocating on its own behalf. Adoption of the platform allows the Mayor to approve letters on items which are included in this document.

Background:

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Strategic planning serves as a method by which the City Council plans and prioritizes its goals in a transparent and accountable manner. The City Council and staff use the Plan’s goals to align limited resources with prioritized initiatives, which connect to a broader vision for our community’s future. City Council, working alongside the City’s executive leadership team, developed and crafted the Goals and Objectives attached to this staff report. Staff will work over the next 12 months to accomplish the objectives identified.

Strategic Plan Goal:

N/A

Fiscal Impact:

There is no fiscal impact associated with the adoption of the Strategic Goals and Objectives and Legislative Platform for 2026-27. Specific objectives may need additional resources to accomplish, which will be budgeted under the responsible department through the budget process.

Attachments:

1. 2026-27 City Council Strategic Plan Goals and Objectives

2. 2026-27 City Council Legislative Platform

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ATTACHMENT 1
2026-27 City Council Strategic Plan Goals and Objectives Staff Report
May 6, 2026

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2026-2027
City Council Strategic Plan Goals & Objectives

1. Ensure Public Safety with a Modernized and Community-Oriented Approach A. Strengthen Community Engagement by Implementing Strategic Outreach Initiatives
i. Expand Neighborhood Watch Program and host educational workshops.
ii. Explore youth engagement opportunities.

B. Enhance Emergency Preparedness Programs
i. Update the City’s Emergency Operations Plan.
ii. Participate in LA28 Olympic Games Public Safety Planning. iii. Elevate Community Resilience by hosting Community Emergency Response, Disaster Service Worker, Disaster Preparedness, and Brush Fire Awareness Trainings.

C. Provide Continuous In-Service Training for First Responders D. Leverage Technology for Enhanced Safety
i. Integrate AI into operations to improve efficiency in transcription, producing reports, and translation capability.
ii. Implement equipment and technology upgrades.

E. Improve Public Safety Training & Recruitment
i. Enhance recruitment model to meet the needs of public safety departments.
ii. Optimize future recruitment and succession.

2. Maintain Stability of our City’s Fiscal and Human Resources A. Evaluate and Refine Cost Recovery Strategies to Optimize City Resources i. Complete and implement development impact and building permit fee studies.
ii. Transition City to a new bank.
iii. Move all staff to Windows 365 to increase storage capacity and enhance functionality of various Microsoft applications. iv. Continue to assist Public Works with water meter upgrades to Advanced Metering Infrastructure.

B. Continue Pursuing Grants and Funding Opportunities for Key Projects C. Expand Strategies to Attract and Retain Employees
i. Review and revise employee performance evaluation form. ii. Conduct policy review and revisions.
iii. Partner with local colleges to broaden employee development and training and promote city employment opportunities.

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2026-2027
City Council Strategic Plan Goals & Objectives

3. Strengthen our Local Economy and Enhance Housing Opportunities A. Expand the Monterey Park Business Alliance to Support Local Businesses i. Position local businesses for LA28 Olympics procurement opportunities through the “In the Game MPK” initiative. ii. Host industry sector roundtables to create a direct line of communication to address economic sustainability goals.

B. Advance Economic Development Initiatives and Support Local Businesses i. Implement the Economic Development Strategic Plan to foster business growth and attract investment.
ii. Market City-owned opportunity sites for redevelopment. iii. Deepen collaboration between East Los Angeles College (ELAC) and City through entrepreneurship programs.

C. Facilitate Housing Development and Affordability
i. Enhance expedited plan check review capabilities.
ii. Support Accessory Dwelling Unit (ADU) development with standardized prototypes.
iii. Revisit the Inclusionary Housing Ordinance (IHO).
iv. Streamline entitlement pathways for multifamily residential projects under 25 units by easing DA requirement.
v. Modernize project review processes to enhance community awareness and engagement opportunities.
vi. Bring City's Housing functions under Community Development Department and launch affordable housing compliance
monitoring.

4. Maintain, Build and Modernize Infrastructure and Facilities to Support the Current and Future Needs of Our City and Community
A. Enhance Water Infrastructure
i. Prioritize completion of water bond-funded projects within the three-year bond period.

B. Maintain and Improve Roadways/Mobility Infrastructure i. Collaborate with Metro to utilize 710 funding and implement transit and mobility improvements.
ii. Continue road resurfacing initiatives and develop an alleyway resurfacing plan.

C. Expand Green Infrastructure

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2026-2027
City Council Strategic Plan Goals & Objectives
i. Install additional EV chargers at public facilities to support sustainable transportation.

D. Continue Public Facility Improvements
i. Continue facility improvements with an emphasis on Fire Station 63. ii. Install themed playground, native plants and mural at Sierra Vista Park.
iii. Complete installation of Garvey Ranch Park picnic shelter shade structures.
iv. Begin Barnes Park Aquatic Center design process.
v. Work with architect to redesign library spaces and identify funding sources for proposed construction projects.
vi. Complete January 21, 2023 Memorial project.

5. Expand Access to Community Resources and Services
A. Enhance Programs and Public Spaces
i. Procure bookmobile to facilitate mobile outreach.
ii. Introduce Student Success Library Cards to support youth education.
iii. Enhance programming at Sierra Vista Park.
iv. Install mural at Barnes Park celebrating USA’s 250 years of independence.

B. Implement the Parks Master Plan
i. Implement MPK Campout Event.
ii. Host Team USA Soccer Watch Party and Youth Soccer clinic.

C. Strengthen Partnerships
i. Begin collaboration with the ELAC Art Department to host student exhibits at El Encanto.

6. Enhance Public Communication and Civic Engagement to Reach All Members of Our Community
A. Refine and Modernize City Communication Strategies
i. Develop emergency and crisis communications protocols. ii. Increase awareness and marketing of City accomplishments. iii. Implement SB 707 requirements and meeting management module.
iv. Hire Communications Manager position.
v. Conduct November elections.

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ATTACHMENT 2
2026-27 City Council Legislative Platform
Staff Report
May 6, 2026

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2026-2027 Legislative Platform

Overview
The 2026-2027 Legislative Platform outlines the City’s stance on key legislative issues of importance. The Mayor and Council are kept informed about legislative, funding and policy matters that could significantly affect municipal services. When issues ali gn with the Legislative Platform, City Staff drafts position letters for the Mayor’s approval. This allows staff to move quickly on requests for letters without having to agendize each request individually. If a bill is not covered by the platform, further direction from the Council is required.

Letters of Support or Opposition
Position letters consistent with the adopted platform can be signed by the Mayor. Staff will provide City Council members with copies of all letters.

The Mayor and City Council may collaborate with their partner organizations on legislative or funding matters. However, on occasion, the City may not support a position taken by a partner. In these instances, City staff will use the principles and values outlined in this Legislative Platform to guide the City’s position.

Letters may indicate the City Council’s support, opposition, or support with amendment, in alignment with the adopted priorities.
2026-2027 Priorities
• Local Decision Making and Control
• Sustainability and Clean Energy
• Grants and Funding Opportunities
• Homelessness
• Housing Opportunities
• Preparation and Support for 2028 Olympic Games

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City Council Staff Report

Date: May 6, 2026
Agenda Item Number: 10.E.

To: The Honorable Mayor and City Council
From: Jason Hing, Fire Chief
Michelle Marquez, Principal Management Analyst
Subject: Adopting a resolution authorizing the City Manager, or designee to apply for, receive, and appropriate grant funds for the Next Generation Warning System Grant Program

Recommendation:

It is recommended that the City Council consider:

2. Taking such additional, related, action that may be desirable.

Executive Summary:

The California Governor’s Office of Emergency Services (Cal OES) is soliciting applications for the Next Generation Warning System (NGWS) Grant Program. This program provides funding to support advanced alert and warning capabilities that improve public safety and emergency communication systems.

It is recommended that the City Council adopt a Resolution authorizing the City Manager, or designee, to submit an application, execute all necessary grant documents, and accept and administer any awarded funds up to the maximum grant award of $238,490.

Background:

The purpose of the NGWS Grant Program is to enhance public safety in California by implementing alert and warning solutions that deliver timely emergency information to the public and help protect critical infrastructure. The program supports the development of reliable, resilient, and coordinated communication systems.

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The City is eligible to apply as a designated Federal Emergency Management Agency (FEMA) alerting authority. Staff has coordinated with the City’s grant consultant to review allowable project activities and prepare a compliant application for submittal to Cal OES.

Strategic Plan Goal:

This project supports the City’s Strategic Plan by advancing the following goals:

1. Enhance Public Safety and Emergency Preparedness - Strengthens the City’s ability to deliver timely, accurate, and accessible emergency notifications to residents and businesses.

2. Promote Community Engagement and Trust - Improves communication with the public before, during, and after emergencies, fostering transparency and community confidence in City services.

Fiscal Impact:

If awarded, adoption of the Resolution will authorize the City Manager, or designee, to accept and administer grant funds from Cal OES. The grant does not require a local cash match and will not impact the City’s General Fund.

Attachments:

1. Resolution NGWS Grant Program

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ATTACHMENT 1
Resolution

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Resolution No.

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RESOLUTION NO.

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR

DESIGNEE, TO APPLY FOR, RECEIVE, ACCEPT, AND ADMINISTER

GRANT FUNDS FOR THE NEXT GENERATION WARNING SYSTEM

GRANT PROGRAM

BE IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTION 1: The City Council finds as follows:

A. The City will submit an application to the California Governor’s Office of Emergency Services’ (Cal OES) Next Generation Warning System Grant Program providing support to advanced alert and warning capabilities that improve public safety and emergency communications systems.

B. The program description includes funding to support advanced alert and warning capabilities that improve public safety and emergency communications systems.

C. The City will submit an application on or around May 22, 2026. If the grant is awarded, the City Council believes that it is in the public interest to accept the grant monies for the City of Monterey Park, up to the amount of the grant award. The maximum amount is $238,490.

SECTION 2: The City Manager, or designee, is authorized to apply for a grant from Cal OES to be used for eligible grant-funded purposes, including, without limitation, the purchase of hardware, software, contractual services, and other items approved by Cal OES.

SECTION 3: The City Manager, or designee, is authorized to execute any required documents to receive and administer the grant purposes set forth herein.

SECTION 4: The City Manager, or designee, is authorized to accept, appropriate, and amend the City’s budget to the extent needed to accept and allocate the grant funds identified in this Resolution for the purposes identified herein.

SECTION 5: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or application and, to this end, the provisions of this Resolution are severable.

SECTION 6: 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.

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Resolution No.

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SECTION 7: 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 8: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

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Resolution No.

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

PASSED AND ADOPTED this ___ day of ______________, 2026.

________________________________
, Mayor

Attest:

__________________________
, City Clerk

Approved as to Form:

__________________________
Karl H. Berger, City Attorney

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City Council Staff Report

Date: May 6, 2026
Agenda Item Number: 10.F.

To: The Honorable Mayor and City Council
From: Cindy Trang, Deputy City Clerk
Diana Garcia, Assistant City Manager
Subject: Procedural Rules for Conducting Legislative Meetings

Recommendation:

It is recommended that the City Council consider:

1. Receiving and filing Resolution No. 2026-R23 establishing Procedural Rules for conducting legislative meetings; and

2. Taking such additional, related, action that may be desirable.

Executive Summary:

On April 15, 2026, City Council adopted Resolution No. 2026-R23 revising the Rules of Procedure governing all meetings held by legislative bodies and providing guidelines for standard time for public comments.

Among other changes, key updates include the integration of policies addressing remote public participation, accessibility requirements, and protocols for handling disruptions during meetings as mandated by Senate Bill 707. The City Council also determined that “just cause” teleconferencing will not be permitted for the legislative body, reinforcing expectations for in- person participation except where otherwise authorized.

Additional guidance was established regarding public comment procedures. Speaker time limits were outlined to ensure equitable participation, and individuals wishing to speak must register within 15 minutes after the meeting begins. Written communications submitted to the body will be accepted and entered into the official record; however, they will not be read aloud during the meeting.

These revisions are intended to promote efficiency, transparency, and consistent application of meeting procedures.

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Background:

N/A

Strategic Plan Goal:

N/A

Fiscal Impact:

None

Attachments:

1. 2026-R23 Legislative Meetings SB 707

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Staff Report
May 6, 2026
ATTACHMENT 1
Resolution No. 2026-R23

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RESOLUTION NO. 2026-R23

A RESOLUTION ESTABLISHING PROCEDURAL RULES FOR

CONDUCTING LEGISLATIVE MEETINGS WITHIN THE CITY OF

MONTEREY PARK

BE IT RESOLVED by the Monterey Park City Council as follows:

SECTION 1: Adoption of Rules . The City Council adopts the attached Rules of Procedure, which are incorporated by reference, for conducting meetings of all legislative bodies within the City of Monterey Park. These Rules become effective upon adoption and remain effective unless amend ed, repealed, or superseded. These Rules are intended to comply with the Ralph M. Brown Act, Government Code §§ 54950 through 54963, and other applicable law. To the extent of any conflict, applicable law controls.

SECTION 2: Supersession. This Resolution supersedes all previous resolutions, policies, exhibits, protocols, and procedural rules addressing the conduct of City Council meetings to the extent they conflict with or duplicate these Rules. Any prior provisions inconsistent with these Rules are repealed and of no further force or effect.

SECTION 3: Severability. If any part of this Resolution or its application is held invalid, the remainder will remain in full force and effect.

SECTION 4: Electronic Signatures and Recordation. This Resolution may be executed with electronic signatures consistent with Government Code section 16.5. The Mayor, or presiding officer, is authorized to sign this Resolution, and the City Clerk, or duly authorized deputy, may attest to it.

SECTION 5: 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 6: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 15
th day of April, 2026.

________________________________
Elizabeth Yang, Mayor

Attest:

_________________________
Maychelle Yee, City Clerk

Approved as to Form:

Karl H. Berger, City Attorney

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Resolution No. 2026-R23

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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 Resolution No. 2026-R23 was duly and regularly adopted by the City Council of the City of Monterey Park at a regular meeting held on the 15th day of April, 2026, by the following vote:

Ayes: Council Members: Ngo, Wong, Sanchez, Lo, Yang
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None

Dated this 15
th day of April, 2026.

___________________________
Maychelle Yee, City Clerk
Monterey Park, California

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MEETING RULES OF PROCEDURE
(Resolution No. 26-xx, adopted April 15, 2026)

1. Authority and Purpose

1.1 Authority
These Rules govern the conduct of all meetings of legislative bodies within the City of Monterey Park. For subordinate legislative bodies, the duties assigned to the Mayor and Vice-Mayor by these Rules apply to the presiding officer.

1.2 Purpose
These Rules are adopted to facilitate orderly, efficient, fair, and legally compliant meetings, to preserve public participation, and to provide clear procedures for the conduct of City Council business.

1.3 Governing Law
All meetings will be conducted in accordance with applicable provisions of the Government Code (i.e., the Brown Act), the Monterey Park Municipal Code, and these Rules. Any procedural issue not expressly addressed in these Rules may be determined by the Mayor, subject to appeal to the City Council and applicable law.

1.4 Procedural Nature of Rules
These Rules are procedural only. Failure to strictly follow a procedural provision does not invalidate an action that otherwise complies with applicable law.

2. Meetings

2.1 Public Meetings
All meetings of the City Council, except closed sessions authorized by law, are open to the public.

2.2 Quorum
Three members of the City Council constitute a quorum. If less than a quorum is present, the City Clerk will record the members in attendance in the meeting minutes

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and the meeting may be adjourned to a later time. If no members are present, the City Clerk may adjourn the meeting pursuant to Government Code § 54955.

2.3 Presiding Officer
The Mayor presides at all meetings when present. In the Mayor’s absence, the Vice Mayor presides. In the absence of both, the Councilmembers present may select a temporary presiding officer by majority vote.

2.4 Call to Order
The Mayor or Vice Mayor will call the meeting to order at the time stated in the notice and agenda. If both are absent, the City Clerk will call the meeting to order for the purpose of selecting a temporary presiding officer.

2.5 Attendance of Officers
The City Manager, City Attorney, and City Clerk, or their designees when authorized, should attend all meetings. The City Manager may participate in discussion but may not vote. The City Attorney may provide legal advice and serve as parliamentarian. The City Clerk maintains the official record.

2.6 Minutes
The City Clerk will record the public proceedings of the City Council in the official minutes, which become public record after Council approval. Unless a majority of the quorum requests otherwise, minutes may be approved without being read aloud.

3. Agenda and Order of Business

3.1 Agenda Preparation
The agenda will be prepared in accordance with procedures directed by the City Manager and applicable law.

3.2 Action Limited to Posted Agenda
The City Council may act only on items appearing on the posted agenda except as otherwise permitted by Government Code § 54954.2 or other applicable law.

3.3 Consent Calendar

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Consent Calendar items are routine matters that the City Manager believes generally do not require separate discussion. Any Councilmember may remove an item for separate consideration, and an item may also be removed upon receipt of a written request for public comment on that item.

3.4 City Communications
Items of interest not listed elsewhere on the agenda, including conference or meeting reports, may be discussed under City Communications, but no action may be taken other than to receive the information or refer the matter to staff.

3.5 Future Agenda Items
The agenda may include a “Future Agenda Items” section during which a Councilmember may make a non-debatable motion to place an item on a future agenda.

Placement requires a majority vote. The City Manager retains discretion regarding scheduling unless otherwise directed by the City Council.

3.6 Document Preparation
Unless otherwise directed by the City Council or City Manager, documents to be placed on the agenda should be approved as to form and legality by the City Attorney or designee before presentation to the City Council.

4. Public Participation and Decorum

4.1 Public Right to Address the Council
Any person may address the City Council during public comment, during a public hearing, or with the consent of a majority of the quorum, subject to these Rules and applicable law.

4.2 Scope of Comment
For regular meetings, members of the public may address the City Council on matters within the Council’s subject-matter jurisdiction during the public comment portion of the agenda. For special meetings, public comment may be limited to matters listed on the agenda as permitted by Government Code § 54954.3(a). Written comments must be received by the City Clerk at least 24 hours before a scheduled meeting to be considered by the City Council. Written comments will not be verbally read into the record.

4.3 Speaker Procedures

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Persons addressing the City Council must provide any information reasonably requested by the City Clerk for the record, speak from the podium or approved remote platform, and state their name and address for the record unless not required by law. Remarks must be directed to the City Council as a body, not to individual Councilmembers or staff. No question may be asked of Councilmembers or City staff except through the presiding officer.

4.4 Time Limits

Unless a different rule applies to a public hearing or the presiding officer changes the limits as allowed by law, each speaker must follow the time limits in this Rule 4.4 for public comment and other agenda items. To avoid unnecessary repetition, the presiding officer may ask a group to choose one spokesperson and may reasonably limit repetitive comments.

The City Council must balance giving each speaker enough time with the need to hear everyone and finish the meeting on time. As a general guideline, the City Council will use these limits based on the number of speakers signed up:

• 5 or fewer speakers: 5 minutes each.
• 6–20 speakers: 3 minutes each.
• 21–40 speakers: 2 minutes each.
• 41 or more speakers: 1 minute each.

The Mayor or City Council may change these time limits under this Policy, but the same limit must apply to all speakers. Public comment time is non‑transferable: speakers must not give their time to someone else or use time that another speaker did not use.

These time limits apply to all agenda items taken at the beginning of the meeting, except public hearings. Public hearings will use the same method for each item unless another law or a City Council decision sets different rules.

People who want to speak must register within 15 minutes after the meeting begins.

4.5 Decorum and Disruption

All participants must conduct themselves in a manner that permits the orderly transaction of business. Disruptive conduct, including conduct that disturbs, disrupts, or impedes the meeting, is prohibited. A person who engages in disruptive conduct may be

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removed from the meeting and excluded for the remainder of that meeting unless the City Council permits continued participation by majority vote.

4.6 Recognition to Speak
Councilmembers wishing to speak must first be recognized by the presiding officer and, except during City Communications or as otherwise permitted, should limit remarks to the item under consideration.

4.7 Rules of Debate and Courtesy
Debate should address the pending matter and not personalities. The presiding officer may enforce decorum, maintain order, and ensure that speakers stay on topic, while preserving fair opportunity for Council and public participation.

4.7.1 Interruptions for Privilege or Order
As a limited exception to the general rule against interrupting a speaker, a Councilmember may raise a point of privilege, point of order, or appeal the ruling of the chair when necessary to protect the orderly conduct of the meeting.

The presiding officer will rule on the point or process the appeal under Section

9.1. 4.7.2 Public Information During Proceedings
To support meaningful participation, the presiding officer should, when practicable, tell the public what the Council will be doing, keep the public informed while the Council is doing it, and announce what action the Council has taken after the vote or other disposition of the item.

5. Remote Access and Technology Procedures

5.1 Recording and Virtual Meeting Notice
When meetings are conducted with remote public access, the meeting may be recorded, including public comment. Audience screen names or displayed telephone numbers may be visible as part of the recording. Unless a person is called to provide public comment, participant audio may be muted and video may be disabled. Closed sessions, if any, will not be recorded.

5.2 Methods of Remote Public Comment

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When remote participation is offered, public comment may be submitted in writing before the meeting in the manner designated by the City Clerk, through the platform’s recognition feature during the meeting, or by telephone using the access procedures identified on the agenda or meeting notice. To the extent practicable, the City Clerk may also accept written communications during the meeting before the close of public comment to the extent feasible under the procedures stated on the agenda.

5.3 Remote Meeting Decorum
Anonymous attendance may be permitted for audience members, but anonymous participants need not be recognized for public comment. Participants using names that violate community standards, attempting to rename themselves contrary to host controls, or attempting to bypass host controls may be denied entry to, removed from, or blocked from the meeting platform.

5.4 Disruption of Telephonic or Internet Service
If telephonic or internet service is disrupted so that the public cannot observe or attend through the authorized two-way telephonic or audiovisual platform, the City Council will recess open session for at least one hour and make a good faith effort to restore service.

During the recess, the City Council may meet in closed session as permitted by law. The City Council will not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first. If service has not been restored when open session reconvenes, the City Council may continue only after adopting, by roll call vote, findings that good faith efforts were made to restore service and that the public interest in continuing the meeting outweighs the public interest in remote access.

6. Motions, Debate, and Voting

6.1 Making Motions
Council action is ordinarily taken by motion. A Councilmember must be recognized before making a motion. The presiding officer will state the motion before a vote and announce the result. A roll call vote must be taken upon request of any Councilmember.

6.2 Seconding Motions
A motion may be debated after it is made. During debate, any Councilmember may call for a second. If no second is forthcoming, the motion fails for lack of a second.

6.3 Debate on Motions

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After a motion is made and seconded, Councilmembers may debate the motion subject to the direction of the presiding officer and these Rules. The Mayor retains the rights of a Councilmember and may move, second, and debate while serving as presiding officer.

6.3.1 Agenda Item Discussion Sequence
Unless a different sequence is required by law, the presiding officer may conduct each agenda item in the following order: announcement of the item; staff or presenter report and recommendation; Council clarifying questions; public comment or public hearing testimony as applicable; motion and second; Council debate; vote; and announcement of the result. The presiding officer may vary this sequence for good cause, for efficiency, or to comply with applicable law.

6.3.2 Chair’s Participation in Debate
To promote orderly and impartial meeting management, the presiding officer should ordinarily speak after other Councilmembers have had an opportunity to address the pending matter and should avoid making or seconding motions unless necessary to facilitate Council action. This provision is directory only and does not limit the full participatory rights of the Mayor or other presiding officer recognized elsewhere in these Rules.

6.3.3 Amendments and Substitute Motions
A pending main motion may be modified by a motion to amend. A substitute motion may be used to propose a different disposition of the matter. The presiding officer will determine whether a proposed motion is properly treated as an amendment or a substitute motion, subject to appeal under Section 9.1.

6.3.4 Priority of Motions
When multiple motions are pending, the Council should ordinarily consider the most recently made motion first, including a substitute motion before an amendment and an amendment before the main motion, unless applicable law or these Rules require otherwise. No more than three motions should be pending at the same time unless the presiding officer determines additional procedural flexibility is necessary and no Councilmember objects.

6.3.5 Motions Not Ordinarily Debatable
The following motions are not ordinarily debatable and will be put to a vote promptly after a second, subject to applicable law and any controlling provision

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of these Rules: motion to adjourn; motion to recess; motion to fix the time to adjourn; motion to table; and motion to limit debate.

6.3.6 Supermajority Motions
A two-thirds vote is required for a motion to limit debate, a motion to object to consideration of an item, and a motion to suspend the rules, unless these Rules or applicable law prescribe a different standard. Nothing in this section alters any lower or higher vote threshold expressly established elsewhere in these Rules for substantive City action.

6.3.7 Withdrawal of Motion
Before voting begins, the maker of a motion may request to withdraw it. If the motion has not yet been seconded, the withdrawal is effective upon request. If the motion has been seconded or has become the subject of Council debate, the presiding officer may recognize the seconder or another Councilmember to renew the motion or may allow withdrawal unless a Councilmember objects.

6.3.8 Orders of the Day
A Councilmember may call for the orders of the day to require return to the posted agenda or the pending agenda item. If the presiding officer determines that the meeting has deviated from the agenda or pending item, the presiding officer will direct the body back to the proper order of business, subject to appeal under Section 9.1.

6.4 Order of Voting and Result
Unless a different vote is required by law, a majority of a quorum is required to transact business. The presiding officer will announce whether the motion passed or failed. Tie votes are governed by Section 6.8 and other applicable provisions of these Rules.

6.5 Votes Required for Certain Substantive Matters
Except where two Councilmembers are recused because of a legal conflict, three affirmative votes of the Council are required to approve General Plan amendments, amendments to the MPMC, zone changes, variances, conditional use permits, prezoning for annexations, subdivision maps, and parcel maps. If approval of such a substantive matter fails because three affirmative votes are not obtained, the matter will automatically be continued to the next regular City Council meeting. If the matter is neither approved nor denied at that next regular meeting, it is deemed denied unless

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the applicant requests an additional vote at the next regular meeting. No appeal fee will be charged for an appeal required because of a tie vote or the lack of sufficient affirmative votes where the matter is not subsequently denied.

6.6 Failure to Vote and Abstentions
A Councilmember should vote unless disqualified by a legal conflict of interest. A Councilmember abstaining due to a legal conflict of interest is not counted as part of the quorum and is not deemed to vote. A Councilmember abstaining for reasons other than a legal conflict remains counted for purposes of quorum.

6.7 Silence During Voice Vote
During a collective vote of ayes and nays, silence of any Councilmember denotes an affirmative vote unless a different voting method is used or a Councilmember states an abstention or disqualification.

6.8 Tie Votes
If a tie vote occurs when a Councilmember is absent, the item will be automatically continued once to the next regular meeting. If a tie vote results from a Councilmember’s abstention, the motion is lost, except that a tie vote on an appeal is deemed to deny the appeal.

6.9 Changing a Vote
A Councilmember may change a vote only immediately after the vote is announced and before the next agenda item is called.

6.10 Reconsideration
A motion to reconsider may be made before adjournment of the meeting at which the original action was taken. It may be made by a Councilmember on the prevailing side or, in the case of a lost motion, by any Councilmember; it may be seconded by any Councilmember. The motion is debatable and takes precedence over a pending motion.

If the action to be reconsidered involves a public hearing item, the item must be re- noticed if reconsideration passes unless it is clearly established that all interested members of the public are still present.

7. Public Hearing Procedures

7.1 Opening the Hearing

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For a public hearing, the Mayor announces the subject, confirms with the City Clerk that notice was properly given, opens the hearing, and calls for disclosure of conflicts and ex parte contacts if applicable.

7.2 Staff and Written Materials
The staff report and other written materials in the agenda packet are received and filed.

Additional written materials may also be received and filed. Staff may present an oral report and respond to Councilmember questions.

7.3 Public Testimony
The purpose of public testimony is to provide an opportunity for interested persons to support or oppose the matter under consideration. The presiding officer may instruct speakers regarding required speaker forms, use of the podium or remote access tools, identification for the record, applicable time limits, and avoidance of repetition. The applicant or representative normally speaks first and may be allotted up to ten minutes, including rebuttal time.

7.4 Council Deliberation
After public testimony concludes, the City Council may ask clarifying questions, deliberate, and consider motions.

7.5 Action on Public Hearing Items
The City Council may continue an open public hearing, vote on the item, adopt amendments, allow further public comment when appropriate, or close the hearing and continue the matter for later decision. Continuing an open public hearing to a specific date does not require additional notice.

8. Evidence and Record

8.1 Documentary and Oral Evidence
Documentary evidence, exhibits, written communications, and staff reports relied upon by the City Council must be made part of the record. Oral evidence may be taken under oath or affirmation if requested by the City Council. The Mayor or City Clerk may administer the oath.

8.2 Communications and Petitions

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Communications and petitions may be read aloud in full or in summary, and a full reading must be provided if requested by a majority of the Council. Such materials may be received into evidence at the Council’s discretion.

8.3 Displays and Maps
Large maps and displays used at a hearing should be displayed in full view of the Council and, when practicable, included in the record or reduced to an authentic smaller format for the record.

8.4 Admissibility
A public hearing need not follow formal rules of evidence. Relevant evidence of a type on which reasonable persons rely may be accepted, while irrelevant or unduly repetitious evidence may be excluded.

9. Appeals, Privilege, and Continuances

9.1 Appeals of Rulings
Any ruling of the presiding officer may be appealed by a Councilmember. The presiding officer must call for a roll call vote on whether the ruling will be upheld.

9.2 Personal Privilege and Protest
A Councilmember may address the Council on a question of personal privilege when the Councilmember’s integrity, character, motives, or the welfare of the Council is at issue, but may not interrupt a speaker until recognized. Any Councilmember may enter into the public record reasons for dissent or protest against a motion carried by the majority.

9.3 Continuances
Upon request of a Councilmember and by majority vote, an item not subject to a deadline may be continued to an agreed meeting date. Any interested person may also request a continuance, which the City Council may grant by majority vote.

10. Adjournment, Amendment, and Ceremonial Items

10.1 Adjournment Time
At 11:00 p.m., if the business of the meeting has not concluded, the Mayor will poll the Councilmembers. Upon majority vote, the meeting may be extended for up to one

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additional hour, and thereafter may be extended in one-hour increments by majority vote.

10.2 Amendment or Suspension of Rules
The City Council may amend or suspend these Rules at any time by majority vote, subject to applicable law. Failure to comply with these Rules does not affect any action taken by the City Council in accordance with applicable law.

10.3 Certificates and Proclamations
Presentation of certificates and proclamations remains honorary and ceremonial. The Mayor or presiding officer conducts presentations concerning City-sponsored events and proclamations. Certificates and proclamations presented at regular meetings should include the signatures required by Council policy, and requests should be submitted sufficiently in advance to permit preparation.

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City Council Staff Report

Date: May 6, 2026
Agenda Item Number: 10.G.

To: The Honorable Mayor and City Council
From: Timothy Hou, Director of Community Development
Subject: Annual Review of Development Agreement No. DA-21-01 (Ordinance No. 2211) Between the City of Monterey Park and Center Int’l Investments, Inc. for the Property Located at 1688 West Garvey Avenue (APN 5254-002-031) pursuant to Government Code § 65865.1; Finding of Non-Compliance; Recommended Rescission of Development Agreement and Repeal of Goodviews Specific Plan (ZC-21-01)

Recommendation:

It is recommended that the City Council consider:

4. Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The actions recommended herein—finding CII in non-compliance, rescinding the Development Agreement, and repealing the Goodviews Specific Plan—are exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines § 15061(b)(3). It can be determined with certainty that the recommended actions would have no significant effect on the environment, as they involve the termination of existing land use entitlements and do not propose or approve any new development.

Executive Summary:

On December 3, 2025, Linda Lee of Kidder Matthews, a regional commercial real estate

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brokerage firm, presented a marketing program for the 1688 West Garvey Avenue property to the City Council. The City engaged Ms. Lee to identify the highest and best use for the site, determine its maximum potential value, and recommend strategies to maximize the property’s marketability.

The key findings and recommendations from the presentation are as follows:
• The property comprises slightly over six acres on a moderate-to-steep slope approximately 150 feet above the intersection of Garvey Avenue and Abajo Drive. Due to the site’s physical constraints—including the absence of direct freeway access or visibility and its lack of pedestrian connectivity—non-residential uses such as office, retail, and industrial were deemed infeasible. Accordingly, the highest and best use was determined to be residential.
• Under the current Goodviews Specific Plan, which Council adopted by Ordinance No. 2210 (Attachment 1), development is limited to 16 single-family residences. However, if the property were rezoned to R-3 (High Density Residential)—its designation prior to adoption of the Specific Plan—the maximum theoretical yield could reach approximately 186 units. This increased density would significantly broaden the potential buyer pool and maximize the sale price. The consultant recommended removing the Specific Plan overlay and marketing the property as a multifamily R-3 development opportunity to attract a wider range of developers and maximize competitive bidding.

The City’s ownership of the Property and the sales and marketing strategy described above both support and necessitate the rescission of Development Agreement No. DA-21-01 (“Development Agreement” – Attachment 2) between the City of Monterey Park (“City”) and Center Int’l Investments, Inc. (“CII”), pertaining to the property located at 1688 West Garvey Avenue (APN 5254-002-031) (the “Property”) and repeal of the Goodviews Specific Plan for the following reasons:
• First, the Development Agreement was entered into with CII as the developer, and CII has wholly failed to perform any of its obligations thereunder. Moreover, CII no longer owns the Property.
• Second, the Goodviews Specific Plan was adopted as part of the entitlements for CII’s proposed 16-home development, which was never commenced. The Specific Plan constrains the City’s ability to maximize the Property’s value by limiting development to 16 single-family homes, whereas R-3 zoning permits significantly higher density and greater economic return.
• Third, removing the Specific Plan and restoring R-3 zoning would align the property’s land use designation with the surrounding multifamily residential character to the north. • Fourth, the marketing strategy presented on December 3, 2025, was developed at the direction of the City Council and reflects the City’s intent to sell the property in a manner that maximizes the potential return to offset the substantial abatement costs it has incurred.

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This staff report initiates the process for terminating the Development Agreement and repealing the Specific Plan. It is submitted pursuant to Government Code § 65865.1, which requires the City to conduct an annual review of development agreements to determine whether the developer has demonstrated good-faith compliance with their terms and conditions. This report constitutes the annual review of the Development Agreement pertaining to the property located at 1688 West Garvey Avenue.

Background:

On June 16, 2021, the City Council held a public hearing on CII’s application for a suite of project entitlements for 1688 West Garvey Avenue. The entitlements included certification of the Final Environmental Impact Report, a Zone Change (ZC-21-01) from R-3 (High Density Residential) to the 1688 West Garvey Avenue Specific Plan (SP-21-01), a Vesting Tentative Map (VTM-21-01) for an 18-lot subdivision (16 residential lots, one open space lot, and a private access road lot), and Development Agreement No. DA-21-01. On July 7, 2021, the City Council adopted Ordinance No. 2211 approving the Development Agreement, which was recorded with the Los Angeles County Recorder’s Office as Instrument No. 20211285226 on August 23, 2021.

The Development Agreement, entered into pursuant to Government Code §§ 65864 through 65869.5, required CII to develop the approximately 6.21-acre Project Site as a gated residential community of 16 single-family lots in accordance with the Goodviews Specific Plan.

Notably, the Development Agreement identified abatement of a public nuisance—specifically the geologically unstable hillsides at the Project Site—as a central public benefit underlying the City’s approval. Additional public benefits included development of a topographically challenged remnant site south of West Garvey Avenue, a land use with low impacts on existing infrastructure, and improvement of the public right-of-way on West Garvey Avenue adjacent to the site.

CII’s failure to comply with the Development Agreement was not an isolated event but rather the continuation of a longstanding pattern of non-performance. This history is summarized below:

Settlement Agreement Background. Before the Development Agreement, on April 25, 2017, the parties executed a Settlement Agreement and Mutual Release resolving a civil nuisance abatement action captioned The People of the State of California, ex rel., Mark D. Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc., et al. (LASC Case No. BC605788), filed December 31, 2015. The Settlement Agreement, as subsequently amended, obligated CII to construct and maintain erosion control measures and stabilize the Project Site, and further provided that the City, on behalf of the People, could enter the Property to remediate nuisance conditions upon CII’s failure to timely perform, at CII’s sole cost.

Failure to Obtain Grading Permits and Hillside Stabilization. Although the Development Agreement required CII to implement hillside stabilization within specified deadlines, CII failed to even obtain a grading permit to commence work.

Notices of Breach and Default. On August 25, 2021, the City Manager served CII with a

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written Notice of Breach and Opportunity to Cure, providing a five-day window to cure its failure to commence substantial progress toward hillside stabilization, with all required documents to be filed and a grading permit issued no later than August 31, 2021. CII failed to cure within this period. On October 13, 2021, the City Manager served CII with a written Notice of Default of the Settlement Agreement, detailing CII’s comprehensive failures, including the failure to remediate the Property nuisance and the failure to defend and indemnify the City in the third-party litigation captioned Save Our Slopes v. City of Monterey Park, et al..

Failure to Defend and Indemnify. Section 19 of the Development Agreement requires CII to indemnify and hold the City harmless from claims, costs, and liability arising from the City’s approval of the Development Agreement. CII was also obligated to cooperate in defending legal challenges. Despite the City Attorney’s tender of defense in the Save Our Slopes litigation on July 20, 2021, and multiple follow-up demands through September 2021, CII refused to accept the defense tender and failed to fulfill its indemnification obligations.

Legislative Subpoena Proceedings. On May 4, 2022, the City Council adopted Resolution No. 2022-R29, authorizing the City Clerk to issue subpoenas for legislative fact-finding related to Development Agreement No. DA-21-01. The Resolution was adopted upon the City Council’s finding that CII had failed to commence hillside stabilization as required by the Development Agreement and that it may be in the public interest to terminate the agreement.

Following CII’s failure to abate the public nuisance, the City Council adopted Resolution No. 12255 on June 16, 2021, declaring an emergency based on the imminent threat to public health and safety posed by conditions at the Property and authorizing immediate action. The City subsequently authorized direct abatement through additional emergency resolutions. This abatement program is identified as the Goodviews Abatement Project (“GAP”).

The City incurred approximately $16 million in GAP-related costs. These costs were imposed on CII through a series of nuisance abatement liens recorded against the Property. CII has made no payments toward these costs, and the total amount remains unpaid, accruing interest at 10% per annum.

As part of the amended Settlement Agreement, CII pledged commercial property located at 2537–2543 Lee Ave., South El Monte, CA 91733 (APN 5281012011, 5281012012) as a performance deed of trust to compensate the City in the event it was required to directly abate the Property. Following CII’s failure to reimburse abatement costs, the City Attorney’s Office initiated a non-judicial foreclosure sale of the Lee Avenue property. A trustee foreclosure auction was held on April 2, 2025 (the property was appraised at $2,350,000 in 2022), plus the trustee’s fees. The property did not sell at auction, and by operation of law, title transferred to the City. On April 16, 2025, the City Council authorized the City Manager to accept fee simple title to the Lee Avenue property as partial satisfaction of CII’s outstanding debt. The Property is currently in escrow to be sold.

Compliance Review Findings:

Government Code § 65865.1 requires the City to periodically review the Development Agreement—at least once every twelve months—to determine whether the developer has demonstrated good-faith compliance with its terms and conditions. Section 5 of the Development Agreement mirrors this requirement, obligating the City to review the Developer’s compliance at least once every 12-month period from the Effective Date. During each annual

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review, the Developer must demonstrate good-faith compliance and furnish reasonable evidence thereof.Based on the record before the City Council, it is plain that CII failed to demonstrate good-faith compliance with the Development Agreement. The specific findings are as follows:

1. Failure to Implement Plan B (Hillside Stabilization). Section 2.04 of the Development Agreement requires CII to implement hillside stabilization. CII failed to take such action and failed to obtain the grading permits necessary to do so, despite repeated demands and extensions from the City.

2. Failure to Abate the Public Nuisance. Section 5(D) of Ordinance No. 2211 identifies abatement of the geologically unstable hillsides as a public benefit of the Development Agreement. Section 6.01 of the Development Agreement requires CII to comply with the applicable provisions of the Development Approvals and perform certain obligations, including without limitation the reclamation of the sidewalk adjacent to the exterior perimeter of the Project Site along Garvey Avenue. CII failed to perform any of these obligations.

3. Failure to Comply with Mitigation Measures. Section 6.02 of the Development Agreement requires CII to comply with the Mitigation Measure and Reporting Plan, with failure to comply constituting a material breach. CII took no action toward compliance with the MMRP.

4. Failure to Cooperate and Provide Required Documentation. Section 6.05 of the Development Agreement requires CII to timely provide the City with all documents, applications, plans, and other information necessary for the City to carry out its obligations. CII repeatedly failed to do so, including failing to submit timely and complete grading permit applications.

5. Failure to Obtain Other Governmental Permits. Section 6.06 of the Development Agreement requires CII to timely apply for permits and approvals from other governmental agencies as required. CII failed to comply with this obligation.

6. Failure to Defend and Indemnify the City. Sections 18 and 19 of the Development Agreement require CII to hold the City harmless and indemnify the City from claims arising from the project. CII refused to accept the City’s defense tender in the Save Our Slopes litigation and failed to indemnify the City.

7. Failure to Reimburse Abatement Costs. CII has failed to reimburse the City for any portion of the GAP costs, despite multiple demands and the imposition of nuisance abatement liens.

8. Failure to Furnish Evidence of Good-Faith Compliance. Section 5.05 of the Development Agreement requires CII to furnish reasonable evidence and adequate documentation of good-faith compliance. CII has furnished no such evidence.

AUTHORITY FOR TERMINATION UNDER DEVELOPMENT AGREEMENT LAW

Beyond the City’s authority to terminate the Development Agreement based on CII’s non- compliance, the City has a separate and independent basis for rescission. Because the City now owns the Property, it has succeeded to CII’s position as the developer. The City therefore holds both sides of the agreement and can consent to its cancellation on behalf of both parties.

The Development Agreement Statute. The Development Agreement Law (Government Code §§ 65864–65869.5) governs how cities and developers enter into, amend, and terminate

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development agreements. Under Government Code § 65868, a development agreement may be “amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest.” Outside of a noncompliance finding, mutual consent is the only mechanism for cancellation.

The Agreement Binds Successors in Interest. Under Government Code § 65868.5, once a development agreement is recorded, its obligations and benefits bind all successors in interest to the original parties. When property subject to a development agreement changes hands, the new owner inherits both the burdens and benefits of the agreement. The statute treats the new property owner as standing in the place of the original developer for all purposes.

The City Is CII’s Successor in Interest. The City acquired title to the Property at 1688 West Garvey Avenue through the nuisance abatement lien and foreclosure process described above. As the current owner of the Property that is the subject of the Development Agreement, the City is CII’s successor in interest. The recorded Development Agreement’s burdens and benefits run with the land, and the City has succeeded to CII’s position as both developer and property owner.

The City Can Terminate the Agreement by Mutual Consent. Because the City now holds both sides of the Development Agreement—as the public agency that originally approved it and as the successor to the developer—it can consent to cancellation on behalf of both parties. The law requires mutual consent but does not require that the consenting parties be separate entities. Where one entity holds both interests, it can satisfy the mutual consent requirement independently.

This outcome is also supported by the merger doctrine. Under California law, when a single party acquires both sides of a property-based right, the lesser interest can merge into the greater one and effectively extinguish. Although this principle is most commonly applied to easements, the same logic extends to development agreements: an agreement that runs with the land becomes functionally moot when the same entity owns the land and is also the government party. A party cannot enforce a contract against itself, and maintaining the agreement serves no practical purpose.

In sum, the City’s basis for terminating the Development Agreement is well-established. CII never performed any of its obligations, the public benefits the agreement was intended to deliver were never realized, and the agreement now restricts the City’s ability to maximize the Property’s value for the public’s benefit. The City Council’s action to rescind the Development Agreement is a valid exercise of the mutual consent authority provided by Government Code § 65868, carried out by the City in its dual capacity as the original public agency and the successor in interest to the developer.

Strategic Plan Goal:

This item supports the City Council’s goals of protecting public health and safety and ensuring fiscal responsibility by addressing a developer’s failure to abate hazardous hillside conditions that posed an imminent threat to the community. The recommended actions further the City’s housing and land use objectives by positioning the Property for future development at a density consistent with R-3 (High Density Residential) zoning—potentially yielding up to 186 residential units—and maximizing the City’s return on the substantial abatement costs it has incurred.

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Fiscal Impact:

Anticipated revenue from the sale of the Property under the proposed marketing strategy— particularly if rezoned to R-3 (High Density Residential) permitting up to 186 units—is expected to offset a significant portion of the outstanding abatement costs. All costs associated with the recommended actions are borne by existing City resources; no new appropriations are required at this time.

Attachments:

1. Ordinance No. 2210 - Goodviews Specific Plan

2. Development Agreement No. DA-21-01

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ATTACHMENT 1
Ordinance No. 2210 – Goodviews Specific Plan

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ORDINANCE NO. 2210

AN ORDINANCE AMENDING THE ZONING MAP (ZC-21-01) TO
CHANGE THE ZONING FROM R- 3 (HIGH DENSITY RESIDENTIAL)
TO 1688 WEST GARVEY AVENUE SPECIFIC PLAN TO ALLOW
CONSTRUCTION OF A 16 -LOT SINGLE FAMILY RESIDENTIAL
DEVELOPMENT AT 1688 WEST GARVEY AVENUE.

The City Council for the City of Monterey Park does ordain as follows:

SECTION 1: The City Council finds and declares that:

A. On July 2, 2020, 201 9, Center Int’l Inc. (the “Applicant”) , submitted an application pursuant to Ti tle 21 of the Monterey Park Municipal Code (“MPMC”) requesting approval of Zone Change (ZC-21-01) to construct a new 16-lot single family residential development at 1688 West Garvey Avenue (“Project”);

B. The proposed Project was r eviewed by the C ity Planner for, in part, consistency with the General Plan and conformity with the MPMC;

C. In addition, the City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”);

D. The City Council reviewed the proposed Project and related environmental aspects of the proposal as required by the MPMC at the June 16, 2021, public hearing; and

E. The City Council has carefully considered all pertinent testim ony and the staff report offered in the case as presented at the public hearing of June 16, 2021.

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

A. The Applicant is seeking to change the zone regulating the Project site from R-3 ( High Density Residential ) to 1688 West Garvey Avenue Specific Plan .

The Zone Change is desirable to allow construction of the proposed 16-lot single family residential development and would allow the subject property t o be more consistent and compatible with the land uses in the immediate vicinity.

B. The property is 6.22 acres (271,016 square feet) in size. The Project site is irregularly shaped and steeply sloped up from West Garvey Avenue to the top of the project site. The proposed P roject is a 16-lot single family residential

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Ordinance No. 2210

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development. The property would be subdivided into 16 single family residential lots (176,660 square feet), Lot A – a private access road lot (39,260 square feet), and Lot B – an open space lot (55,096 square feet).

C. The General Plan designation for the P roject site is High Density Residential.

This allows for a broad range of dwelling unit types which may be detached residences as allowed in the 1688 West Garvey Avenue Specific Plan.

D. The average population density within the P roject site’s vicinity is 7.7 persons per acre.

E. General Plan Land Use Element Goal 11.0 provides the City’s goal is to continue to provide opportunities for persons of all incomes to find suitable housing.

F. General Plan Housing Element Goal 3 provides adequate housing by location, type of unit, and price to meet existing and future needs of City residents. Policy 3.1 encourages a wide range of housing types, prices, and ownership forms, such as age-restricted housing.

SECTION 3: Environmental Assessment. The fi ndings, conclusions, and final environmental impact report (“FEIR”) set forth in Resolution No. 12253 , adopted June 16, 2021 is incorporated by reference. The City Council relies upon Resolution No. 12253 when adopting this Ordinance.

SECTION 4: Approvals. The zoning for the Project site is changed from R-3 (High Density Residential) to 1688 West Garvey Avenue Specific Plan. Accordingly, the Zoning Map is amended as set forth in attached Exhibit “ A,” and incorporated by reference. The 1688 West Garvey Avenue Specific Plan attached as Exhibit “B,” and incorporated by reference, is approved as zoning for the Project site.

SECTION 5: 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 Project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 6: Limitations. The City Council’s analysis and evaluation of the P roject are based on the best information currently available. It is inevitable that i n evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the P roject is the City Council’s lack of knowledge of future events. In all instances, best effor ts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City

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Ordinance No. 2210

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must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 7: 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 8: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summ ary is not an indication that a particular finding is not based in part on that fact.

SECTION 9: Repeal of any provision of the MPMC, or any other City resolution or ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 10: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 11: 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 ten (10) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 12: This Ordinance will take effect on the 30th day following its final passage and adoption.

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Ordinance No. 2210

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PASSED, APPROVED, AND ADOPTED this July 7, 2021.

________
Yvonne Yiu, Mayor
ATTEST:

Vincent D. Chang, City Clerk

APPROVED AS TO FORM:

____________________________
KARL H. BERGER, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §

CITY OF MONTEREY PARK )

I, Vincent D. Chang, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Ordinance No. 2210 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 16
th day of June, 2021. That thereafter on the 7 th day of July, 2021, said Ordinance was duly passed, approved and adopted by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso
Noes: Council Members: Lo, Yiu

Absent: Council Members: None
Abstain: Council Members: None

Dated this 7th day of July, 2021.

Vincent D. Chang, City Clerk
City of Monterey Park, California

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Ordinance No. 2210

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EXHIBIT A

1688 WEST GARVEY AVENUE ZONING MAP

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Ordinance No. 2210

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EXHIBIT B

1688 WEST GARVEY AVENUE SPECIFIC PLAN (SP-21-01)

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1688 West Garvey Avenue
Specific Plan

PREPARED FOR:

City of Monterey Park
320 West Newmark Ave.

Monterey Park, CA 91754

PREPARED BY:

Westlake Village
920 Hampshire Road, Suite A5
Westlake Village, CA 91361
Los Angeles
706 S. Hill Street, 11th Floor
Los Angeles, CA 90014

March 2021

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Meridian Consultants i 1688 West Garvey Avenue Specific Plan 273-001-19 March 2021

TABLE OF CONTENTS
Section Page
I. Introduction ..................................................................................................................................... 1 II. Overview of the Specific Plan .......................................................................................................... 4 III. Overview of Land Use Plan ............................................................................................................ 10 IV. Utilities and Infrastructure ............................................................................................................. 27 V. Design Guidelines ........................................................................................................................... 30 VI. Development Standards ................................................................................................................ 38 VII. Individual Project Approvals .......................................................................................................... 46 VIII. Administration ............................................................................................................................... 44 IX. Appeals........................................................................................................................................... 45

List of Figures
Figure Page
1 Specific Plan Area Location Map ...................................................................................................... 2 2 Site Plan ......................................................................................................................................... 12 3a-h Site Sections .............................................................................................................................. 13-20 4 Site Rendering—View from Southwest ......................................................................................... 21 5 Site Rendering—View looking east on West Garvey Avenue ........................................................ 22 6 Site Rendering—View looking west on West Garvey Avenue ....................................................... 23 7 Site Rendering—View of Eastern Portion ...................................................................................... 24 8 Site Rendering—View of Cul-de-sac .............................................................................................. 25 9 Site Rendering—View of Private Driveway .................................................................................... 26 10 West Garvey Avenue Street Improvement Plan ............................................................................ 28 11 Specific Plan Setting ....................................................................................................................... 32 12 Master Landscape Plan .................................................................................................................. 33 13a-d Conceptual Elevations ............................................................................................................... 34-37

List of Tables
Table Page
1 General Plan Consistency .............................................................................................................. 5-7

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1688 West Garvey Specific Plan
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I. INTRODUCTION
This 1688 West Garvey Avenue Specific Plan (Specific Plan) was prepared in conformity with Government Code §§65451, et seq. and the Monterey Park Municipal Code (MPMC). In accordance with the relevant zoning regulations contained in the MPMC this Specific Plan defined the regulations and guidelines for development of the 1688 West Garvey Avenue Specific Plan Area with single-family residences.

Pursuant to Government Code §65451, a specific plan must include text and a diagram or diagrams which specify the following in detail:
• The distribution, location, and extent of the uses of land, including open space within the area covered by the plan.
• The proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the land area covered by the plan and needed to support the land uses described in the plan.
• Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. • A program of implementation measures including regulations, programs, public works projects and financing measures necessary to carry out the above items. • The specific plan must include a statement of the relationship of the Specific Plan to the General Plan.

This Specific Plan was prepared to implement the Monterey Park General Plan (General Plan) . By functioning as a regulatory document, the Specific Plan provides a means of implementing the General Plan. All future development within the Specific Plan boundaries must be consistent with the standards and guidelines in this Specific Plan.

A. Specific Plan Area
This Specific Plan regulates real property (approximately 6.22 acres) located in the City of Monterey Park (City), County of Los Angeles (County), State of California, as shown in Figure 1: Specific Plan Area Location Map and described as follows (Specific Plan Area or Site):
• Lot 1 of Tract No. 34875, in the City of Monterey Park, County of Los Angeles, as per map recorded in Book 932, Pages 16 to 18 inclusive of maps, in the office of the county of said county.

The Specific Plan Area includes a hillside property located approximately 600 feet above mean sea level (amsl), approximately 150 feet above the intersection of W est Garvey Avenue and Abajo Drive , and bordered on the south by West Garvey Avenue. The southern boundary of the Specific Plan Area is located mid-slope below homes on Sombrero Drive.

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Specific Plan Area Location Map
FIGURE 1
273-001-19
SOURCE: Google Earth - 2020

APPROXIMATE SCALE IN FEET
10005000 2000
N
Legend:

Project Site

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B. Background
The City previously approved a res idential condominium plan for development of the Specific Plan Area in 1979. Tract No. 34875 subdividing the Site for condominium purposes was recorded in 1979 and a Condominium Plan was recorded in October 1981. The approved plans permitted the development of 30 residential condominium buildings. Following approval, t he Specific Plan Area was graded to develop these 30 residential condominium buildings . Cut and fill slopes were built along with several retaining walls. A private road, named Goodview Drive, was extended from West Garvey Avenue to provide access to the lots located on both sides of this road. Numerous retaining walls and foundations were constructed for the planned homes. Two other large site- retaining walls, one eight -foot high wall adjacent to Goodview Drive near the entrance and one along a portion of the eastern property line, starting from West Garvey Avenue and continuing up the slop e, straddling the property line. Two approximately 15 - foot high crib walls were also constructed; portions of these walls have since failed. A five -foot high cantilever retaining wall is also present along West Garvey Avenue, just outside the property line. Another cantilever retaining wall, up to approximately 12 feet in height, is located mostly off site along Abajo Drive, although a small portion is located within the Site.

In or around 1980, development ceased. Since this date, slope failures occurred, some of which involved the retaining walls. Surficial failures and settlement of Goodview Drive were observed starting in 1980. By 1982, a portion of the crib wall and slope had failed, blocked a portion of West Garvey Avenue, and led to the evacuation of the apartment complex on the opposite side of West Garvey Avenue. Subsequent failures in the lower crib wall occurred in March and April of 1983. By the end of 1984, a supplemental retaining wall was built along a portion of West Garvey Avenue to contain some of the slope failures. This crib wall, constructed of steel beams and wood lagging, is about 200 feet long and 20 feet tall. Subsequent failure of the upper crib wall occurred in 1985. In late 2004, a progressive slope failure occurred above Abajo Drive that migrated up the slope below Goodview Drive in 2007, resulting in a closure of Abajo Drive. A series of 24 piles, starting from 40 feet west of West Garvey Avenue and extending to the west for 205 feet, were constructed immediately behind a portion of the crib wall to reinforce the wall after slope failures occurred above this wall in 2005.

Over the last decade, major slope failures have occurred. Currently, numerous erosion control measures are present on the Site, including plastic covering the slope, straw wattles, sandbags, and drainage pipes.

The Safety and Community Services Element of the General Plan includes the following goal and associated policies that apply to the past slope stability issues in the 1688 West Garvey Specific Plan Area:

Goal 3: Protect public and private properties from geologic hazards associated with steep slopes and unstable hillsides.

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Policy 3.2: Require that hillside developments incorporate measures that mitigate slope failure potential and provide for long -term slope maintenance.

Policy 3.3: Develop a comprehensive approach to remediating unstable hillslopes in the vicinity of Abajo Drive.

II. OVERVIEW OF THE SPECIFIC PLAN
A. Purpose and Authority of the Specific Plan
The Specific Plan provides for the orderly and efficient development of the Specific Plan A rea consistent with the goals and policies of the General Plan. Analysis of the consistency of the Specific Plan with applicable goals and policies in the General Plan is provided in Table 1, General Plan Consistency, in Section II. C. of this Specific Plan. In conjunction with the General Plan, the Specific Plan implements the plan for the physical development of the Specific Plan Area and guides the future development of single -family residences within the Specific Plan Area.

Preparation of a Specific Plan is allowed under the Government Code for any defined geographic area which might benefit from specialized land use regulations and development standards. The unique existing conditions of th e 1688 W est Garvey Ave. require specialized land use regulations and development standards to ensure th e Site can be safely developed with residential uses consistent with the General Plan.

B. Specific Plan Scope and Goals
Implementation of General Plan goals and policies will occur through the establishment of land use designations, traffic circulation pa tterns, development policies, and the identification of backbone infrastructure necessary to support the planned intensity of development.

To achieve this purpose, the Specific Plan has the following goals:

1. Provide a single comprehensive plan for managing land use development, infrastructure, and open space to allow the safe development of single-family residences.

2. Stabilize the existing slopes within the Specific Plan Area.

3. Identify appropriate locations for development considering constraints related to the configuration of the Specific Plan Area and the existing geology and soils conditions.

4. Provide clear design guidelines and standards to ensure residential development in the Specific Plan Area is compatible with surrounding uses.

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5. Implement new permit procedures to facilitate and expedite implementation and build-out of planned development within the Specific Plan Area.

C. Consistency with the General Plan
The Specific Plan is consistent with all applicable Goals and P olicies of the General Plan as presented in Table 1: General Plan Consistency on the following pages.

Table 1
General Plan Consistency
Goals and Policies Consistency
Land Use
Goal 10: Maintain the quality and character of Monterey Park's residential neighborhoods.

Policy 10.1 : Ensure that the city's zoning regulations, subdivision regulations, and design guidelines are
crafted to achieve compatibility between established
residential dwellings and new residential developments
within the same neighborhood.

Consistent. The Specific Plan contains development
standards and design guidelines to ensure that
residential development will be compatible with the
pattern of developme nt around the Specific Plan
Area. The Specific Plan maintains the quality and
character of the surrounding residential
neighborhood by including design guidelines
addressing the architectural design for the single
family home permitted by the Specific Plan and a
master landscape plan.

Goal 11: Continue to provide opportunities for persons of all incomes to find suitable housing.

Policy 11.1: Encourage the provision of new housing,
the rehabilitation of substandard units, and
maintenance of the existing housing stock to meet the
objectives of the Housing Element.

Consistent. The Specific Plan facilitates the
development of new housing.

Circulation
Goal 2: Provide a local street system that accommodates current and future traffic volumes.

Policy 2.3: Require full roadway dedications and
improvements (or in-lieu fees payment of fees in place
of physical improvements) at the time of development
plan approval.

Consistent. The Specific Plan limits the amount of
development to sixteen (16) single -family residences.

The amount of traffic generated would not require any
additional roadway dedications or improvements.

Goal 5: Create and maintain a connect ed system of bicycle routes and pedestrian facilities that meets the need of city residents.

Policy 5.4: Continue implementation of the Sidewalk
Deficiency Master Plan to provide for sidewalk
improvements and enhancements, particularly in areas
where side
walks link residential neighborhoods to
activity centers.

Consistent. The Specific Plan requires the existing
slopes to be graded and stabilized to remove existing
obstruction of the sidewalk along West Garvey Avenue.

Safety and Community Services
Goal 1: Minimize the potential damage to structures and loss of life that could result from earthquakes.

Policy 1.1: Continue to implement Uniform Building
Code seismic safety standards for construction of new
buildings and update the city's codes as needed in
response to new information and standards developed
at the State level.

Consistent. The residences permitted by the Specific
Plan would implement Uniform Building Code seismic
safety standards.

Goal 3: Protect public and private properties from geologic hazards associated with steep slopes and unstable hillsides.

Policy 3.2: Require that hillside developments
incorporate measures that mitigate slope failure
potential and provide for long-term slope maintenance.

Consistent. The grading concept incorporates retaining
walls and other geotechnical design features designed

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Goals and Policies Consistency
to mitigate the existing slope failures within the Specific Plan Area.

Policy 3.3: Develop a comprehensive approach to
remediating unstable hillslopes in the vicinity of Abajo Drive.

Consistent. The grading concept incorporates retaining
walls and other geotechnical design features designed
to mitigate the existing slope failures within the Specific Plan Area.

Goal 11: Provide city residents and the business community with a high level of fire protection.

Policy 11.1: Continue to fund maintenance and staffing
to ensure a five - to six -minute fire response time
citywide.

Consistent. The Specific Plan would limit developm ent
within the Specific Plan Area to 16 single -family
residences, which will result in a less than significant demand on fire protection services that will allow the
City to achieve its target fire response time.

Policy 11.2 : Maintain brush clearance and weed
abatement programs to reduce the risk of fires.

Consistent. The Specific Plan includes a master
landscape plan for the hillside open space areas . A
Homeowner’s Association will maintain brush clearance
around the Specific Plan Area resid ences to reduce the risk of fires.

Goal 12: Provide city residents and the business community with a high level of protection from crime.

Policy 12.1: Evaluate the number of officers, total
population, and crime statistics on an annual basis to
ensure that appropriate levels of police protection are provided citywide.

Consistent. The Specific Plan would limit development
within the Specific Plan Area to 16 single -family
residences, which will result in a less than significant increase in population and associated demand on police
services.

Goal 13: Provide adequate sewer, water, and drainage systems to meet the needs of city residents and businesses.

Policy 13.1: Implement recommended sewer system
improvements in the Sewer Master Plan, 1996.

Consistent. The Specific Plan would limit development
within the Specific Plan Area to 16 single -family
residences, which will minimize wastewater generation
to a level that can be accommodated by the City’s
master planned sewer system.

Policy 13.2: Implement recommended water system
improvements in the Water Master Plan, 1996.

Consistent. The Specific Plan would limit development
within the Specific Plan Area to 16 single -family
residences, which will minimize water demand to a level that can be accommodated by the City’s master planned
water system.

Policy 13.3: Continue to survey and upgrade the city's
storm drain system.

Consistent. Existing regulations contained in the
Monterey Park Municipal Code and issued by the Los
Angeles Regional Water Quality Control Board require
the drainage system for the Specific Plan Area to control site runoff. Such improvements to the City’s storm drain system are not required for the Specific Plan Area
Resources
Goal 2: Create additional passive recreation opportunities in the city to further enhance the quality of life in all areas of the community.

Policy 2.2: Incorporate pocket parks, parkways, and
similar recreation spaces into residential
neighborhoods.

Consistent. The Specific Plan would create
approximately 55,000 square feet of open space within
the Specific Plan Area.

Goal 5: Improve air quality for future generations of Monterey Park residents.

Policy 5.1: Continue to improve traffic flow through and within the city.

Consistent. The Specific Plan would limit development
within the Specific Plan Area to 16 single -family
residences, which would minimize the amount of
additional traffic on the City’s streets. The traffic study prepared for the Project determined the additional
traffic generated will not significantly impact traffic within the City.

Policy 5.4: Enhance pedestrian and bicycle circulation
within Monterey Park.

Consistent. The Specific Plan requires the existing
slopes to be graded and stabilized to remove existing
obstruction of the sidewalk along West Garvey Avenue.

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Goals and Policies Consistency

Housing
Goal 3: Provide adequate housing by location, type of unit, and price to meet existing and future needs of City residents.

Policy 3.1: Encourage a wide range of housing types,
prices, and ownership forms.

Consistent. The Specific Plan would allow the Site to be developed with new single -family dwellings for sale
within the City.

Goal 4: Assist in the provision of housing that meets the needs of all economic segments of the community.

Policy 4.3: Encourage the design of residential
developments that are secure, safe, and
environmentally sensitive. Support the
use of cost -saving and energy- conserving
construction techniques.

Consistent. The Specific Plan would allow development
with a gated private driveway from West Garvey
Avenue that would ensure a secure and safe design.

The Specific Plan includes a grading design that
responds to the existing soils and geology conditions to ensure the residential development is environmentally
sensitive.

The new homes would be designed to meet current
energy conservation standards including the provisions
of Title 24 and the California Green Building Standards Code (CALGreen) to reduce energy demand.

Goal 5: Promote equal housing opportunities for all residents.

Policy 5.1: Prohibit discrimination in the sale or rental of housing with regar d to race, ethnic
background, religion, handicap, income,
sex, age, and household composition.

Consistent. The single-family residences allowed by the Specific Plan would be available for purchase by all
qualified buyers without regard to race, ethnic
background, religion, handicap, income, sex, age, and
household composition would not occur.
___________
Source: City of Monterey Park, General Plan.

Notes: Not Applicable: Actions/strategies are those that are not identified for implementation of local jurisdictions.

D. Specific Plan Implementation Measures (Including Financing)

1. Introduction
This section addresses Government Code § 65451 which requires that specific plans include a program for implementation including regulations, conditions, programs, and additional measures necessary to implement the plan.

The responsibilities and procedures required for implementing the Specific Plan are identified in this section, including responsibility for capital improvements, financing, and the regulations that will govern its implementation.

Private infrastructure within the Specific Plan Area is required to support the development, including a new private road to provide access to the single-family residences along with utility improvements. The Master Developer will finance and/or construct all such improvements, consistent with the requirements

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1688 West Garvey Specific Plan
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of the Development Agreement related to the 16 individual residences allowed by this Specific Plan . All site improvements will be maintained by the homeowners through a Homeowner’s Association.

2. Specific Plan Regulatory Approach
The implementation procedures set forth in this section are intended to ensure the development of the Site is in accordance with the planning and design intent of this Specific Plan and Applicable Law.

The Development Standards, presented in Section VI of this Specific Plan, contain development regulations, which upon approval of this Specific Plan by the City Council , will become mandatory for all development within the Specific Plan boundaries, as shown in Figure 1 above.

3. Financing Plan
The financing and maintenance plan for the Specific Plan ensures the timely completion of the Site improvements and proper maintenance of these facilities. The Master Developer(s) of the Specific Plan will fund project infrastructure and public facilities as defined in the Development Agreement.

4. Methods and Procedures for Implementation
The procedures, regulations, standards, and specifications described in this Specific Plan supersede any conflicting portions of the MPMC. Any development regulation and building requirement not addressed in this Specific Plan is subject to the Applicable Law.

5. Specific Plan Approvals
There are four levels of action necessary to implement the Specific Plan. The first level is adoption of the Specific Plan after review by the Planning Commission and City Council. The second level is a Zone Map Amendment. The third level is approval of the Vesting Testing Map and Development Agreement. The fourth level is review of plans through Project Clearances for development of individual residences in conformance with the standards set forth in this Specific Plan. a) Specific Plan Adoption
This Specific Plan is adopted by ordinance. Thereafter, the regulations of this Specific Plan are mandatory for development in the Specific Plan area.
b) Zone Map Amendment
The regulations in this Specific Plan are consistent with, and implement, the goals, objectives, and policies in the General Plan. In order to implement this Specific Plan, the existing zoning will be replaced by the Specific Plan-[Project] (SP-1688 West Garvey) designation.

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c) Vesting Tentative Map
The Vesting Tentative Map sets forth details and dimensions of proposed division lines, easements, and rights-of-way related to the subdivision of the Specific Plan Area, including the identification of required street improvements, utility connections, preliminary grading, and drainage plans. d) Project Clearance
Design Review for development of the 16 individual residences permitted within the Specific Plan Area will occur at the Individual Project level through the request for Project Clearance by Individual Permittee(s). Application for Project Clearance Review must be filed with the City Planner. Before the City issues any building permits for a residence, a Project Clearance permit must be approved for such development. The primary purpose of d esign review is to determine that Individual Projects are being developed in a manner that conforms with the guidelines and standards in this Specific Plan.

The City Planner has the authority to approve, amend , or deny Individual Project plans pursuant to the intent of the design guidelines and development standards of this Specific Plan. The City Planner should render a decision within fifteen business days after a complete application is provided for review.

E. Definitions
Unless the contrary is stated or clearly appears from the co ntext, the following definitions govern the construction of the words and phrases used in this Specific Plan. Words and phrases not defined by this chapter have the meaning set forth elsewhere in the MPMC or Applicable Law (as defined below). “Applicable Law” means, in addition to federal and State laws and regulations, the ordinances, rules, regulations, fees and official policies of the City governing the Specific Plan, including, without limitation, the law governing the permits and approval s for the Specific Plan; zoning regulations; and General Plan applicable to the Specific Plan in effect on Adoption Date. “Specific Plan” means the provisions, policies, design standards, and allowances of this Specific Plan. “Fees, Conditions and Dedications” means:
• "Development Impact Fees" are those fees that must be paid, for residential dwelling units, before the City issues final certificates of occupancy. Development Impact Fees are imposed to mitigate potential impacts created by the development.
• "Project Clearance, Building Permits, and Similar Permit Fees" means City may charge processing fees for project clearance approvals, building permits, and other similar permits and entitlements as the same are in force and effect on a City -wide basis at the time application is submitted for such permits and entitlements. This does not operate to exempt the Project from the payment of uniform property taxes.
“Design Guidelines” are the guidelines contained in Section V. of this specific plan. “Development Standards” are the standards contained in Section VI. of this specific plan.

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“MPMC” means the Monterey Park Municipal Code including, without limitation, such codes adopted by reference within the MPMC.
“Individual Permittee” means the applicant for a Project Clearance related to development of an individual residence.
“Individual Project” means the construction, erection, addition to, or structural alteration of any building or structure, or use of building or land or change of use of a building or land, on a lot located within the Specific Plan Area which requires a grading permit or building permit. “Master Developer” means an individual or legal entity who controls or owns the Specific Plan Area; is responsible for managing the construction of the Site improvements and disposition of the individual lots for development of residences.
“Project” means the 1688 West Garvey Project inc luding the 1688 West Garvey Specific Plan, Zone Change, Vesting Tentative Map, and Development Agreement. “Project Clearance” means the City Planner ’s review and verification of an Individual Project’s conformance with the requirements of this Specific Plan. “Private Driveway” means the driveway extending from West Garvey Avenue shown on the Vesting Tentative Map.
“Site Improvements” means the grading, construction of the Site Retaining Walls, utilities, private driveway, and master landscaping.
“Site Plan” means the site development as shown in Figure 2: Site Plan. “Site Retaining Wall(s)” means the Upper and L ower Site Retaining Walls included in Vesting Tentative Map Grading Plan.
“Specific Plan” means this 1688 West Garvey Avenue Specific Plan as approved on Approval Date. “Specific Plan Area” means the real property identified in Section I.A.

III. OVERVIEW OF LAND USE PLAN
A. Development Concept
This Specific Plan has been developed to facilitate the development of Specific Plan Area with single-family residences. The primary objectives of the development concept incorporated into this Specific Plan are:
• Ensure the slopes within the Specific Plan Area are stable. • Improve the aesthetic quality of the Specific Plan Area. • Provide the City with additional housing opportunities. • Contribute housing stock towards meeting the City’s Regional Housing Needs Allocation.

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The development concept includes:
• Re-grading the entire Specific Plan Area, including demolition and removal of all existing retaining walls and structures and other site improvements, including the existing streets and utilities. • Construction of the two new Site Retaining Walls as shown in the Vesting Tentative Map Grading Plan to stabilize the slopes within the Specific Plan Area, new utilities, and a private driveway with a gated entry from West Garvey Avenue.
• Development of 16 high quality single-family residences with master-planned landscaping.

Improvements to the intersection of the private driveway with West Garvey Avenue including installation of a northbound stop sign; c onstruction of the northbound approach to provide access for gate turn - around and outbound right turns ; reconfiguration of the westbound center median on West Garvey Avenue to provide left turn inbound access ; closure of t he existing median gap approximately 200 feet east of the Project driveway; and modification of striping on eastbound West Garvey Avenue to add a dedicated right turn lane to enter the Project Site and an acceleration lane for vehicles exiting the Project Site.Development of the Specific Plan Area would provide a range of economic, fiscal, and quality of life benefits to the City.

B. Land Use Plan
This Specific Plan allows the development of 16 single-family residences within the Specific Plan Area, as shown in Figure 2. Ten of the residences will be located on the northern side of the private driveway, with six residences located around the cul -de-sac on the eastern end of the private driveway. Access will be provided from a gated private driveway o f off West Garvey Avenue. Design standards, included in this Specific Plan, define a modern architectural design them e for the single -family residences to ensure a unified, high-quality visual character for the Specific Plan Area.

The overall elevation of the Site will be lowered to soften the appearance of the existing slopes and reduce the length of the retaining walls on the Site as shown in Figures 3a-3d: Site Sections. The Site would be graded and approximately 112,000 cubic yards of soil and debris would be excavated and hauled off the Site. Two Site-Retaining Walls, one on the lower portion of the Specific Plan Area along W est Garvey Avenue and one on the southern side of the private driveway, will be constructed to stabilize the slopes within the Specific Plan Area and develop the 16 lots for single -family residences. Master -planned landscaping, as shown in Figure s 4-9: Site Renderings, include trees in front of both walls to create a unified visual character and minimize the visibility of the Site-Retaining Walls.

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FIGURE 2
SOURCE: 1688 Garvey Sample - March 2021
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FIGURE 3a1
SOURCE: SLSD Inc. - March 2021
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FIGURE 3a2
SOURCE: SLSD Inc. 2020
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FIGURE 3b1
SOURCE: SLSD Inc. 2021
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Sections Lots 7-8
FIGURE 3b2
SOURCE: SLSD Inc. 2020
273-001-19

APPROXIMATE SCALE IN FEET
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FIGURE 3c1
SOURCE: SLSD Inc. 2021
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FIGURE 3c2
SOURCE: SLSD Inc. 2021
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FIGURE 3d1
SOURCE: SLSD Inc. 2021
273-001-19

APPROXIMATE SCALE IN FEET
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Section Lot 15
FIGURE 3d2
SOURCE: SLSD Inc. 2021
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APPROXIMATE SCALE IN FEET
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FIGURE 4
SOURCE: 1688 Garvey Sample - March 2021
Site Rendering – View from Southwest
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FIGURE 5
SOURCE: 1688 Garvey Sample - March 2021
Site Rendering – View looking east on Garvey Avenue
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FIGURE 6
SOURCE: 1688 Garvey Sample - March 2021
Site Rendering – View looking west on Garvey Avenue
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FIGURE 7
SOURCE: 1688 Garvey Courtesy Sample - January 2020
Site Rendering – View of Eastern Portion of Specific Plan Area 273-001-19

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FIGURE 8
SOURCE: 1688 Garvey Courtesy Sample - January 2020
Site Rendering – View of Cul-de-sac
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FIGURE 9
SOURCE: 1688 Garvey Courtesy Sample - January 2020
Site Rendering – View of Private Driveway
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1688 West Garvey Specific Plan
Meridian Consultants 27 1688 West Garvey Avenue Specific Plan 273-001-19 March 2021
IV. UTILITIES AND INFRASTRUCTURE
The intent of this section is to ensure that the Specific Plan Area is developed in such a way as to support development of the allowed land uses, and that on-site and off-site infrastructure systems have adequate capacity to serve the 16 single family residences permitted by this Specific Plan.

The Government Code requires that a specific plan include text and diagrams that specify:

The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

This section of the Specific Plan fulfills this requirement and meets the MPMC requirements for the preparation of specific plans. In addition, this section facilitates orderly development by identifying the utility infrastructure needed to support the allowed residential uses.

A. Street Improvements
One gated access driveway will be provided on West Garvey Avenue. Inbound left and right turn movements into this driveway and outbound right turn only movements are allowed.

Striping modifications on eastbound West Garvey Avenue will be made to add a dedicated right turn lane to enter the Site and an acceleration lane to exit the S ite as shown in Figure 10 : West Garvey Avenue Street Improvement Plan.

The additional improvements described below will also be completed at the intersection of the driveway with West Garvey Avenue:
• Install northbound stop control.
• Construct the northbound approach to provide access for gate turn -around and outbound right turns.
• Reconfigure westbound center median on West Garvey Avenue to provide left turn inbound access.
• Close the existing median gap approximately 200 feet east of the Project driveway; • Modify striping on eastbound West Garvey Avenue to add a dedicated right turn lane for Site entry and an acceleration lane for Site exit.

B. Water Service
Water service in the City is provided by the City’s Water Utility Division. A water line will be extended from West Garvey Avenue in the Private Driveway to serve the residences. The City's water supply comes from production wells located outside the city limits. These wells are in the Main San Gabriel Groundwater

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1688 West Garvey Specific Plan
Meridian Consultants 28 1688 West Garvey Avenue Specific Plan 273-001-19 March 2021
Basin. In addition, the City purchases water from San Gabriel Valley Water Company (SGVWC), which also pumps groundwater from the Main San Gabriel Basin. The water is tested and disinfected with chlorine prior to delivery.

Water use per capita in the City in 2014-2015 was 134 gallons per capita per day.1 Based on the average household size in the City, the 16 residences permitted in the Specific Plan Area would result in a population increase of 49 residents with an average demand of 6,566 gallons per day of water, or 7.35 acre feet per year. The City’s Urban Water Management Plan states the City’s average annual water supply is 8,686 acre feet. The Proposed Project would account for approximately 0.08 percent of the total supplies during an average year. As such, the Proposed Project would not result in the need for a new or expanded water treatment facility, and impacts would be less than significant.

C. Wastewater
Wastewater service is provided by the City’s Maintenance Services D ivision and is comprised of 11 subsystems, each of which outlets into regional transmission mains operated by the Los Angeles County Sanitation Districts (LACSD) . A sewer line will be extended from W est Garvey Avenue in the Private Driveway to serve the residences.

LACSD estimates approximately 80 gallons per person per day of wastewater is generated within the LACSD service area. Wastewater generated by the City is processed at either the Los Coyotes Water Reclamation Plant (LCWRP) or the Long Beach Water Reclamation Plant (LBWRP), which together have a design capacity of 62.5 million gallons per day.2 With a projected increase of 49 residents, the 16 residences in the Specific Plan Area would generate approximately 3,920 gallons per day of wastewater, or 0.006 percent of the total capacity of the area wastewater treatment plants. No new or expanded wastewater collection or treatment facilities are needed to serve the Specific Plan Area.

D. Drainage
Stormwater conveyance and treatment requirements will meet City and State Water Resources Control Board Municipal Separate Storm Sewer System Requirements. Stormwater will surface flow in the Private Driveway and be collected and filtered in accordance with applicable regulations before being discharged.

E. Gas/Electric/Telecommunications
Dry utilities will be provided by Southern California Edison and the Southern California Gas Company.

Communications will be provided by Verizon, and/or similar communica tions entity. All communication

1 City of Monterey Park 2015 Urban Water Management Plan, http://www.montereypark.ca.gov/DocumentCenter/Home/View/5763, August 2016. 2 City of Monterey Park 2015 Urban Water Management Plan, http://www.montereypark.ca.gov/DocumentCenter/Home/View/5763, August 2016.

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1688 West Garvey Specific Plan
Meridian Consultants 29 1688 West Garvey Avenue Specific Plan 273-001-19 March 2021
liens will be extended from West Garvey Avenue in the Private Driveway.

F. Solid Waste Disposal
Solid waste disposal and recycling will be accomplished consistent with the City’s Solid Waste Management and Recycling Plan. S olid waste collection and disposal services will be provided by Athens Services or similar municipal contract entity.

G. Fire Protection
The Monterey Park Fire Department (MPFD) provides fire service and regulates fire risk in the Specific Plan Area. The MPFD operates three fire stations in the City. The Specific Plan Area falls within the service area of Monterey Park Fire Station 63, located at 704 Monterey Pass Road and approximately one mile away from the Specific Plan Area. All future development within the Specific Plan Area would be subject to the requirements of City’s Fire Code (Title 17 of the MPMC) . Maps prepared by CAL FIRE do not identify the Specific Plan Area as a very high fire hazard severity zone.3 The MPFD minimizes fire risk primarily through regulating building design, review of development proposals, and through collection of fees to maintain facilities and equipment.

H. Police Services
Police services would be provided by the Monterey Park Police Department (MPPD). The MPPD operates out of City Hall, 320 West Newmark Avenue, approximately 1.3 miles southeast of the Specific Plan Area.

V. DESIGN GUIDELINES
A. Design Objectives and Intent
This section provide s design guidelines for landscaping a nd architectural design of the single -family residences. Together with the Site Plan and Development Standards, these Design Guidelines are provided to meet the intent of Chapter 21.36 Design Review in the MPMC by:
• Promoting the public health, safety , and general welfare by establishing regulations to preserve and protect existing neighborhoods.
• Preventing the development of structures or uses which are not of acceptable exterior design or appearance or are of inferior quality or likely to have a depreciation or negative effect on the local environment or surrounding area by reason of use, design, appearance, or other criteria.

3 CAL FIRE, Fire Hazard Severity Zones Maps, https://osfm.fire.ca.gov/divisions/wildfire-planning-engineering/wildland- hazards-building-codes/fire-hazard-severity-zones-maps/, accessed March 5, 2020.

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• Assuring compatibility in the permitted use and enjoyment of property within the Specific Plan Area and the surrounding area by defining Design Guidelines to protect the use, integrity , and character of the neighborhood and surrounding properties.

As shown in Figure 11: Specific Plan Setting, the residential lots and homes allowed by this Specific Plan are consistent in size with the homes in the surrounding area. Individual residences developed in accordance with these Design Guidelines are exempt from additional Design Review, as defined in Chapter

21.36 in the MPMC.

B. Master Landscape Plan
The master landscape plan is provided in Figure 12: Master Landscape Plan. As shown, landscaping, including trees, shrubs, and groundcover will be planted in front of the Site Retaining Walls. Climbing vines may also be planted to grow up these walls. The graded slopes will be planted with native grass and wildflower species. This master landscaping will be maintained by a Homeowners Association.

C. Architectural Design
Figures 13a-d: Conceptual Elevations show the conceptual architectural design for the single -family residences. The lots accommodate eight different floor plans, each of which will be expressed through different exterior massing to ensure variety in the visual character of the residences . All residences will have flat roofs with a unified visual character created by the materials used, including exterior plaster, fiber cement siding and panels, textured stone veneer, colored aluminum frame doors and windows, and vertical wood slats and other wood accents. These color range for these materials will include white, off- white, light and dark grey, and brown.

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W
9-1
W4-2
11ft
11ft
12ft
10ft
12ft
11ft
11ft
467'
2ft
400'
167'
200'
150'
150'
Normal lane stripe (Detail 9).

Solid lane stripe (Detail 38).

Solid white stripe (Detail 27B).

Garvey Avenue Street Improvement Plan
FIGURE 10
273-001-19
SOURCE: 1688 West Garvey Avenue Project Traffic Impact Analysis, Ganddini Group Inc. – January 8, 2021

N NOT TO SCALE

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Specific Plan Setting
FIGURE 11
273-001-19
SOURCE: Open Street Map - 2020; Orange Street Studio - 2020

APPROXIMATE SCALE IN FEET
5002500 1000
N

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Melaleuca quinquenervia
Paperbark Tree
Chondropetalum tectorum
Cape Rush (at base of trees)

BIOSWALE PLANTING
Parthenocissus tricuspidata
Boston Ivy (to cover retaining wall)

HILLSIDE PLANTING
Geijera parviflora
Australian Willow
Native Fescue Mix
(Hydroseed mix for hillside)
California Native Wildflower Mix
(Hydroseed mix for hillside)
FIGURE 12
SOURCE: Orange Street Studio - December 2019
Master Landscape Plan
273-001-19

APPROXIMATE SCALE IN FEET
120600 240
N

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FIGURE 13a
SOURCE: Space Light Structure Design - 2019
Conceptual Elevation
273-001-19
Type B Front Elevation

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FIGURE 13b
SOURCE: Space Light Structure Design - 2019
Conceptual Elevation
273-001-19
Type B Rear Elevation

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FIGURE 13c
SOURCE: Space Light Structure Design - 2019
Conceptual Elevation
273-001-19
Type E Front Elevation

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FIGURE 13d
SOURCE: Space Light Structure Design - 2019
Conceptual Elevation
273-001-19
Type E Rear Elevation

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VI. DEVELOPMENT STANDARDS
The purpose of this Section is to provide development standards for review and approval by the City Planner of plans for the single-family residences.

A. Permitted Uses
Single-family residences
B. Open Space
Minimum required: 55,000 square feet of Specific Plan Area C. Minimum Lot Dimensions
Minimum width: 50
Minimum size: 7,515 square feet
D. Maximum Floor Area Ratio
The maximum Floor Area Ratio for lots 6,000 - 10,000 square feet is 0.40 and for lots over 10,000 square feet is 0.35.

E. Building Height
No lot or parcel of land with an average natural grade exceeding three stories or thirty -six (36) feet in height. The maximum allowable height of a structure is measured from the lowest elevation of the existing grade at an exterior wall of the structure to the highest point of the structure.

F. Setbacks
Front: 10 feet
Rear: 25 feet
Side: 5 feet
G. Upper and Lower Site Retaining Walls Height, Finish, and Design Height:

Lower Site Retaining Wall Maximum Height: 42 Feet
Upper Site Retaining Wall Maximum Height: 45 Feet
Wall Finish:

The Lower Site Retaining Wall will include a natural- looking finish. The wall finish will be selected by the

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Owner/Developer from one of the City Council approved options below. No further City approval of the wall finish will be required so long as the Lower Site Retaining Wall substantially conforms with the following options:

Wall Finish Option 1: Rock Finish (Sculpted and stained)

Wall Finish Option 2: Rock Finish (Sculpted and stained)

Wall Finish Option 3: Quarry Finish (Score lines, acid etching, and/or sandblasted finish)

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Wall Finish Option 4: Landscaped Finish (Vines planted at the base to cover the wall

The Upper Site Retaining Wall will include a landscaped finish with vines planted at the base to grow up and cover the wall.

Wall Design:

The Lower Site Retaining Wall will include one of the finish options as approved by the City Council described above with trees planted along West Garvey Avenue and shrubs planted at the base of the trees.

Any additional details or alternatives to the wall design will be deemed approved by the City, provided the revisions substantially conform to the options and landscaping described herein.

The Upper Site Retaining Wall will include the Landscaped Finish described above with trees planted along the Upper Site Retaining Wall. Any additional details or alternatives to the wall design will be deemed approved by the City, provided the revisions substantially conform to the options and landscaping described herein.

H. Other Fences and Walls on Individual Residential Lots Maximum height 4 ft. in front yard, 6 ft. elsewhere
Wood and masonry wall and fences are permitted.

No chain link in front yard area.

No barbed wire or other hazardous materials.

I. Parking
Driveway width: 10 ft. minimum.

Lots 1-15: Three (3) Enclosed Parking Spaces Required.

Lot 16: Two (2) Enclosed Parking Spaces Required.

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J. Landscaping
Most of the open areas in front of the house exposed to public view, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches, or play areas, must be maintained with a combination of appropriate vegetative landscaping and permeable materials such as mulch, decomposed granite, gravel, stones, and similar permeable materials that allow for infiltration and reduce runoff.

Permeable materials must be compacted or secured in such a way as to avoid spreading over any portion of a public sidewalk or street. Appropriate landscaping includes the use of native planting or compatible species of drought-tolerant plants, and synthetic grass with lifelike individual blades of grass that emulates real grass and has a pile height of one and three-fourths-inch or more.

Landscaping must consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, and durability and a daptability to existing soil and climatic conditions.

VII. INDIVIDUAL PROJECT APPROVALS
A. Project Clearances

1. Unless otherwise exempt, the City Planner must issue a Project Clearance before the City can issue a grading permit or building permit.

2. The City Planner cannot issue a Project Clearance unless an Individual Project complies with all applicable provisions of this Specific Plan and other Applicable Law.

B. Findings
A Project Clearance must include written findings by the City Planner that the Individual Project complies with all applicable provisions of this Specific Plan and may only be issued if all the following specific findings can be made:

1. That the proposed dev elopment conforms to the applicable policies of the General Plan and the applicable provisions of the zoning regulations within the MPMC.

2. That the proposed development is located on a legally created lot.

3. That the subject property is in compliance with all laws, rules, regulations pertaining to subdivisions, permitted uses, design guidelines, development standards, and any other applicable provisions of the Specific Plan.

In the event of a conflict between the MPMC and the Specific Plan, the Specific Plan takes precedence over the MPMC.

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C. Covenant
A Project Clearance must include a requirement that the Individual Permittee either submit evidence of the Individual Permittee previous acceptance of all recorded conditions of approval, or if new conditions of approvals are imposed in the Project Clearance process, record a new agreement (against only those lot(s) affected by the Individual Project) concerning new specific information/conditions contained in the Project Clearance (e.g., Agree ment to Comply with Conditions of Approval) before the City issues Occupancy Clearance for that Individual Project.

The agreement must be in a form approved by the City Attorney and include provisions requiring it to run with the land and be binding on any subsequent owners, heirs or assigns. After recordation, a copy bearing the County Recorder’s number and date must be given to the City Planner for attachment to the subject case file.

D. Project Clearance Application
An application for Project Clearance must be filed before or concurrently with the application for an Individuals Project’s Building Permit on an application form prescribed by the City Planner. An application must be accompanied by an appropriate fee established by City Council resolution.

The property owner must verify the application and submit a title report indicating the record owner at the time of submission of the application and that the Individual Permittee is either the property owner or the agent of the property owner.

1. Materials for Filing
Any Individual Permittee proposing a Project Clearance pursuant to this section should submit the following information:
• 1 copy of the Planning Permit Application.
• 5 copies of the site plan.
• 5 copies of a conceptual grading and improvement plans (as applicable). • 5 complete sets of full floor plans and full elevation drawings. • 5 copies of roof plans.
• 5 copies landscape plans. (as applicable).
• 1 copy of above exhibits reduced to 11”x 17.”
• 1 copy of hydrologic analysis report/ memo.
• 1 copy of soils report.

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• Mailed Noticing Packet.
• 1 sample board, no larger than 8.5 ” x 14 ,” showing proposed colors and materials, including window glass specification.
• Applicable fees.

E. City Planner’s Review
In approving a Project Clearance for an Individual Project, the City Planner may impose only those applicable conditions of approval/mitigation measures that were previously imposed in connection with the approval of the Specific Plan, with the exception that new conditions may be imposed as necessary to ensure the Specific Plan is effectively implemented for the Individual Project being reviewed (e.g., construction notifications, construction buffering requirements, construction monitoring efforts).

1. Development Configuration Matching Project Approval . If the Individual Project is consistent with the development reflected in this Specific Plan and the City Planner determines that the Project Clearance complies with all other applicable requirements of the 1688 West Garvey Avenue Specific Plan, the City Planner may impose any applicable conditions of approval/ mitigation measures appropriate for the Individual Proje ct and may issue a Project Clearance conditioned upon the implementation of those conditions/mitigation measures.

2. Finding of Inconsistency. If the City Planner finds the Individual Project is inconsistent with Applicable Law, including this Specific Plan, the City Planner must deny the application in writing. The written denial will identify the reasons for inconsistency. The Permittee may amend its application or appeal the City Planner’s decision in accordance with MPMC.

F. Rights Granted Under Project Clearance
A Project Clearance indicates compliance with this Specific Plan and the Applicable Law.

G. Project Clearance Expiration

1. A Project Clearance remains valid if it meets all requirements of this Specific Plan and the P roject Clearance.

2. A Project Clearance for an Individual Project expires 24 months after the approval date, unless within such period physical construction of the Individual Project commence s, and/or the beginning of the authorized use commences, or the City grants a time extension in accordance with this Section.

3. The City Planner may grant a 24 month extension, for good cause shown, before the initial time period expires.

4. Upon a Project Clearance expiration, all entitlements are void.

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VIII. ADMINISTRATION
A. Introduction
The Specific Plan applies to any of the following within the Specific Plan Area boundaries:

All required permits/approvals must be obtained before the proposed use and any structures related to the proposed use are constructed, otherwise established , or put in to operation. Unless specified otherwise, the Specific Plan will be administered and enforced by the City Planner, Planning Commission, and City Council. Applications must be processed and approved by the applicable requirements and findings of this Specific Plan.

B. Municipal Code References
In the event of a conflict between the MPMC and the Specific Plan, the Specific Plan takes precedence over the MPMC. The City Planner is authorized to provide administrative determinations regarding the Specific Plan. Such administrative determinations must be in writing and may be appealed in accordance with the MPMC.

This Specific Plan provides the entire zoning for the Specific Plan Area. The entire property is zoned “1688 West Garvey Specific Plan,” and the applicable zoning regulations for 1688 West Garvey Specific Plan Area are those set forth in this Specific Plan.

C. City Planner Authority
The City Planner has the authority to implement this Specific Plan in accordance with Applicable Law.

D. Amendments

1. This Specific Plan may be amended in the same manner as required for the adoption of a specific plan.

2. The City may initiate amendments to any portion of this Specific Plan.

3. The following changes to the Specific Plan require a Specific Plan amendment:
a. Changes to the text or maps other than the addition of information that does not change the effect of any regulation.
b. Increase in the number of residences permitted.
c. Changes in standards or regulations, including landscaping and design standards.

E. Administrative Modifications

1. The City Planner is authorized to make technical corrections, in a form approved by the City Attorney, to maps, diagrams, tables, and other similar documents that may be required to reconcile the changes made by this Specific Plan with the Development Plan and Applicable Law.

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2. In addition, the City Planner is authorized to make the following technical amendments, in a form approved by the City Attorney:
a. Realignment or modifications to internal streets serving the project, lot lines, easement locations and grading adjustments, if approved by the City Engineer. b. Minor modification to design criteria such as paving treatments, architectural details, and related criteria.
c. Minor modification to landscape treatments, provided the modifications are in substantial conformance with the purpose and intent of the specified design criteria.

F. California Environmental Quality Act
An environmental impact report was prepared and certified for the 1688 West Garvey Ave. Specific Plan Project. Consistent with CEQA Guidelines § 15182(c), Project Clearances for residences determined to be consistent with this Specific Plan are exempt from CEQA, if none of the events described in § 15162 of the CEQA Guidelines requiring additional environmental review have occurred after adoption of this Specific Plan.

G. Miscellaneous
Any time limit established by this Specific Plan may be extended by mutual agreement between the applicant and the City Planner, the Planning Commission, or the City Council.

H. Noticing
All noticing required by the Specific Plan will be accomplished at the cost of the applicant seeking a Project Clearance, or other action in accordance with this Specific Plan.

1. Not less than 10 calendar days before the City Planner issues a Project Clearance, a Notice of the City’s Intent to Issue Project Clearance must be provided to the public and all individual lot owners located within the Specific Plan Area.

2. In addition to all other noticing required by applicable law, not less than 10 calendar days before the City adopts a Specific Plan Amendment, a Notice of the City’s Intent t o Adopt a Specific Plan Amendment must be provided the public and all individual lot owners located within the Specific Plan Area.

IX. APPEALS
A. Appeals of Final Actions by the City Planner and Planning Commission.

1. Appeal of Director actions. All final actions and decisions of the City Planner authorized by this Specific Plan may be appealed to the Planning Commission. All such appeals must be filed in writing with the Planning Commission Secretary.

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2. Appeal of Planning Commission actions. All final actions and decisions of the Planning Commission may be appealed to the City Council. All such appeals must be filed in writing with the City Clerk.

3. Persons eligible to file an appeal. Any person may appeal a decision or action of the City Planner or Planning Commission in accordance with this Specific Plan.

B. Time Limits for Appeal
All appeals must be filed within 10 calendar days of the date of the rendering of the decision. If the tenth day occurs on a holiday or weekend, the appeal period is extended to the next City business day. No appeal can be accepted after the appeal period expires.

C. Stay
The timely filing of an effective appeal or the timely adoption by the City Council of an order of review stays a decision to which the appeal or order of review relates, pending a review of the matter.

D. Form

1. All appeals must be submitted in writing on a form to be provided by the City. The appeal must specifically state the grounds for the appeal and specifically state instances in which the reviewing official or body erred in reaching the determination.

2. An appeal fee must be paid concurrently with filing of the appeal in accordance with the fee schedule established by City Council resolution.

E. Processing
Within 14 calendar days upon receipt of an appeal, the Planning Commission Secretary (in the case of an appeal of a Director decision) or the City Clerk (in the case of an appeal of a decision by the Planning Commission) must set the matter for public hearing.

F. Review by City Council
Notwithstanding any other provision of this Specific Plan, the City Council may issue an order for a de novo review of a Planning Commission decision. Such an order must be entitled an "order of review." G. Findings
All actions to affirm, reverse, or modify in whole or part any decision of the City Planner or Planning Commission must be made by resolution stating the findings for the affirmation, reversal, or modification.

H. Noticing
Notice of time and place of a public hearing for an appeal must be given in accordance with Applicable Law.

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ATTACHMENT 2
Development Agreement No. DA-21-01

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.. This page is part of your document - DO NOT DISCARD
20211285226
1111111111111111111111111111111111111111111111111111111111111 Ill p:ttif E6267n
Recorded/Filed In Official Records
Recorder's Office, Los Angeles County,
California
08/23/21 AT 08:04AM
FEES:

TAXES:

OTHER:

PAID:

II I 111111111111111 II Ill I II II Ill I II II II

LEADSHEET
111111111111111 II II II I II II II I II I II
202108222870029
00021006264
I llllll lllll lllll lllll lllll lllll lllll 111111111111111111 012552005
SEQ:
01 DAR - Mail (Intake)
I IIIIIII IIIII IIII IIIII IIIIII IIII IIIIII IIIII Ill llllll lllll llllll llll 111111111111111111111111111111111 I lllll llllll llllll llll lllll llll lllllll llll lllll llllll llll lllll lllll lllll lllll llllll 11111111111111111

THIS FORM IS NOT TO BE DUPLICATED

0.00 0.00

0.00 0.00
Agreement No. 2252-AA

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ORDINANCE NO. 2211
'?fle11:1852?fi.

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BY

AND BETWEEN THE CITY OF MONTEREY PARK AND CENTER INT'L
INVESTMENTS, INC. TO DEVELOP 16 SINGLE FAMILY RESIDENTIAL LOTS AT 1688 GARVEY AVENUE.

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1: Recifa/s. The City Council finds and declares as follows:

A. Center lnt'l lnvestments, lnc., ("Developer") proposes to enter into a development agreement with the City of Monterey Park (the "Development Agreement" or "OA"), which is attached to this Ordinance as Exhibit "A" and incorporated by reference.

B. The Development Agreement was reviewed by the City for, in part, consistency with the General Plan and conformity with the Monterey Park Municipal Code ("MPMC");
C. ln addition, the City reviewed the Project's environmental impacts under the California Environmental Quality Act (Public Resources Code SS 2100, et seq., "CEQA') and the regulations promulgated thereunder (14 California Code of Regulations SS 15000, ef seq., the "CEQA Guidelines");
D. The City completed its review and scheduled a public hearing regarding the proposed Project before the City Council for June 16,2021. Notice of the public hearing on the proposed Project was posted and mailed as required by the IVIPMC;
E. On June 16, 2021, the City Council conducted a public hearing to considerthe Project including, without limitation, this Ordinance and the Development Agreement; and
F. This Ordinance, and its findings, are based upon the entire administrative record considered during the June 16,2021, public hearing including, without limitation, the staff report and accompanying documents.

SECTION ?: Findings. Pursuant to Government Code S 65867.5, the City Councilfinds the following:

A. The Development Agreement is consistent with the General Plan of the City of Monterey Park. The Development Agreement furthers the goals of the General Plan and is in the interest of the general community welfare in that the Development Agreement will, among other things, facilitate the development of the subject site that is currently vacant and underutilized in conformance with the High Density Residential designation for this site, given the sloping nature of the site and its geologic site constraints.

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ORDINANCE NO.2211
PAGE 2 ot 5
B. The Development Agreement includes an 18-lot vesting tentative map (16 residential lots, one open space lot, and a private access road lot) that complies with California law.

SEQTION 3: Environmental Assessmenf. The findings, conclusions, and final environmental impact report ('FE!R") setforth in Resolution No.12253, adopted June 16, 2021is incorporated by reference. The City Council relies upon Resolution No.12253 when adopting this Ordinance.

SECTIoN 4: GeneralPlan and Zoning. The proposed project conforms to the Monterey Park General Plan, as set forth in Section 2. Upon Ordinance No. 2210 becoming effective, the Project will conform with zoning for the site.

SECTION 5: Public Benefits. The Development Agreement provides for public benefits including, without limitation:

A. Development of a topographically challenged, remnant site south of West Garvey Avenue.

B. Development of a land use with low impacts on existing infrastructure.

C. lmprovement of the public right-of-way on West Garvey Avenue adjacent to the site.

D. Abatement of a public nuisance, specifically the geologically unstable hillsides at the Project site.

SECTION 6: lncorporation of Development Agreement Changes; Execution.ln accordance with Government Code SS 65864, ef seg. this Ordinance approves the Development Agreement in substantially the form attached as Exhibit "A," which is 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 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 operative memoranda as permitted by the DA, in a form approved by the City Attorney.

SECTION 7: Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. lt is the City Council's intent that the provisions of this

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ORDINANCE NO. 22I1
PAGE 3 of 5
Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 8: Enforceabilrfy. Repeal of any provision of the MPMC 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 9. 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 10. Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. lt is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. ln all instances, best efforts have been made to form accurate assumptions.

Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, State, and federal problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 1 1. Severability.lf 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 notaffect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 12. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code S16.5. Such electronic signatures will be treated in all respects as having the same effect aS an original signature.

SECTION 13. 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 14" Recording. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Monterey Park's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

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ORDINANCE NO. 2211
PAGE 4 of 5
SECTION 15. Effective Date. This Ordinance becomes effective on the 30th day following its passage and adoption.

PASSED AND ADOPTED this 17th v July,2021
Y Yiu,
Ti
Vi D
FORM
H , City Attorney

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF MONTEREY PARK
l, Vincent D. Chang, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Ordinance No. 2211 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 16th day of June, 2021. Thatthereafteron the 7th day of Ju|y,2021, said Ordinance was duly passed, approved and adopted by the following vote:
s
Ayes:

Noes:

Absent:

Abstain:

Council Members: Chan, Liang, Sornoso
Council Members: Lo, Yiu
Council Members: None
Council Members: None
Vi g, City
a
Dated this 7th day of July,2021
City of Monterey Park,
lerk

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EXHIBIT A
DEVELOPMENT AGREEMENT (DA-21 -01 )

Page 163 of 330 ends

RECORDING REQUESTED BY

CITY OF MONTEREY PARK
AND WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF MONTEREY PARK
320 W. NEWMARK AVENUE
MONTEREY PARK, CA91754

SPACE ABOVE THIS LINE FOR RECORDERS USE

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF MONTEREY PARK
AND
CENTER INT'L INVESTMENTS, INC.

RELATIVE TO THE DEVELOPMENT KNOWN AS 1688 WEST GARVEY AVENUE THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into this 7th day of July, 2021 (the "Reference Date"), by and between CENTER INT'L INVESTMENTS, lNC., a California corporation ("Developer") and the CITY OF MONTEREY PARK, a municipal corpo.ration ("City"), pursuant to Government Code SS 65864 through 65869.5. The parties bgree as follows:

RECITALS:

A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted SS 65864, et seq. of the California Government Code (the "Development Agreement Legislation").

B. The Development Agreement Legislation authorizes City to enter into a property development agreement with any person having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property.

C. This Agreement is voluntarily entered into in consideration of the benefits to and the rights and obligations of the parties on the basis of the facts cited herein, the understanding and intentions of the parties and in reliance upon the various representations and warranties contai ned herei n.

D. Developer is a corporation organized under the laws of the State of California and is in good standing thereunder.
1SMRH:4852-7639-0562. 1 6

Page 164 of 330 ends

E. Developer owns or will own in fee or have an equitable interest in and to all of that certain parcel of land (the "Project Site") as more specifically described in attached Exhibit "A," which is incorporated by reference.

F. On April 25,20'17, the parties executed a Settlement Agreement and Mutual Release regarding an action to abate a nuisance at the Project Site. The parties subsequently executed a First Amended and Restated Settlement Agreement and a Second Amendment to the Settlement Agreement to modify the terms and conditions to construct and maintain erosion control and stabilize the Project Site and to establish a project timeline.

G. Developer intends to develop the Project Site as a gated residential community as outlined in attached Exhibit "B," which is incorporated by reference (the "Project").

H. The Project Site is located in City's jurisdiction and consists of a total of approximately 6.21gross acres of land.
l. The Monterey Park General Plan ("General Plan") Land Use Element designates the area in which Project Site is located as low density residential.

J. Developer seeks to develop the Project Site in accordance with the land use policies and goals set forth in the specific plan with the terms and conditions of the "Development Approvals" (as defined below)and this Agreement.

K. Pursuant to Section 65865'of the Development Agreement Legislation, a City may establish procedures and requirements for the consideration of development agreements. City, by adopting Title 21 to the Monterey Park Municipal Code ("MPMC"), adopted such procedures and requirements and the parties desire to enter into this development agreement pursuant thereto.

L. This Agreement constitutes a current exercise of City's police power to provide certainty to Developer in the development approval process by vesting the permitted uses, density, intensity of use, and the timing and phasing of development in exchange for Developer's commitment to provide significant public benefits to City.

M. On June 16, 2021, the City Council, after providing notice as required by law, held a public hearing to consider the Developer's application for this Agreement, at which the City Council adopted its Ordinance No. 2211 approving this Agreement.

N. City determined that the Project is a development for which this Agreement is appropriate under the Development Agreement Legislation and MPMC. The City Council has determined that this Agreement is consistent with the General Plan.

O. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Project Site, assure progressive installation of necessary improvements provide public services appropriate to each stage of development of the SMRH:4852-7639-0562. 1 6 -2-

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Project Site, ensure attainment of the maximum effective utilization of resources within City at the least economic cost to its citizens, and othenruise achieve the goals and purposes for which the Development Agreement Legislation was enacted.

P. ln exchange for the benefits to City, City is taking all actions required so that Developer may begin and consummate development of the Project including the approval, adoption or issuance of necessary development permits; the future ministerial approval of building plans; and ministerial approval of final maps, appropriate building permits, lot line adjustments, and other necessary or desired permits, approvals and entitlements which are consistent with the development of the Project (collectively, the "Ministerial Approvals").

O. ln exchange for the benefits to City, Developer desires to receive the assurance that it may proceed with the Project in accordance with the "Existing Rules" (as defined below), subject to the terms and conditions contained in this Agreement and to secure the benefits afforded Developer by the Development Agreement Legislation.

R. All actions taken by City were undertaken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code SS 21000, ef. seg.) ("CEQA"), and all of the other requirements of notice, public hearings, findings, votes and other procedural matters.

S. City expressed an interest in ensuring the provisions of regional and community level infrastructure, and in pursuing the use of development agreements as a method whereby a level of assurance can be achieved concerning the service demands within planned communities so that long-range plans for needed infrastructure can be developed and implemented.

T. This Agreement is made and entered into in consideration of the mutual covenants and in reliance upon the various representations and warranties contained herein. The parties acknowledge that, in reliance on the agreements, representations and warranties contained heiein, Developer will take certain actions, including making substantial investments and expenditures of monies, relative to the Project Site and the development thereof.

AGREEMENT
SECTIONl. GENERALACKNOWLEDGMENTS.

The parties acknowledge that: (a) City entered into this Agreement pursuant to the Development Agreement Legislation, City's police powers, and the MPMC in order to address public health and safety and generalwelfare concerns including those relating to the amount, density, intensity and timing of development within the Project Site and the need for public facilities and infrastructure in connection with the Project Site and other property in the area; and (b) nothing in this Agreement may be construed to limit or restrict the exercise by City of its police powers including, without limitation, those of eminent domain.

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SECTION 2. GENERAL PROVISIONS.

2.01 Propertv Description. The legal description of the Project Site is specifically set forth on attached Exhibit "A," which is incorporated by reference.

2.02 Location of Proiect Site. The Project Site is located within City's jurisdiction and consists of a total of approximately 6.21 gross acres.

2.03 Effective Date. Except as provided below, this Agreement becomes effective on the same date as Ordinance No.2211 approving this Agreement becomes effective or when Developer, or its successors or assignees, acquires fee title to the Project Site as reflected in the Official Records of the Recorder for Los Angeles County, whichever occurs last ("Effective Date"). Execution of this Agreement by the parties on the Reference Date does not bind the Project or the Developer to actually use or develop the Project Site pursuant to the terms of this Agreement until the Effective Date.

Notwithstanding the foregoing, the indemnity obligations of Developer, as set forth in Section 19 take effect as of the Reference Date.

2.04 Term. As it relates to Plan A, the term of this Agreement will commence upon the Effective Date and extend 20 years thereafter, unless the term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties. As it relates to Plan B, the term of this Agreement commences upon the Effective Date and extends to the date agreed upon by the parties in accordance with the Settlement Agreement, as amended, and as identified in the schedule attached as Exhibit "D," which is incorporated by reference. Plan B, if implemented, will commence and proceed in accordance with the dates identified in Exhibit "D"; nothing in this Agreement will affect implementation of Plan B in any manner.

City and Developer agree that the term of this Agreement is necessary in order to permit the orderly and planned develo.pment of the Project.

2.05 Exoiration of Term. This Agreement will terminate upon expiration of the term without the need of further documentation from the parties; provided, however, such termination does not affect any right or duty arising from then existing City approvals, including, without limitation, the Development Approvals, any "Future Development Approvals" (as defined below), any Ministerial Approvals and any reimbursement agreement(s) entered into pursuant to the terms of this Agreement.

2.06 Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition.

2.07 Enforceabilitv of Aqreement. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement and the Development Agreement Legislation, this Agreement is enforceable by any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning regulations, subdivision regulations, the "Existing Rules" or any other "Land Use Rules" (as defined below)or uniform codes, resolutions orordinances orother regulations adopted by City which change, alter or amend the Existing Rules applicable to the SMRH :4852-7639-0562. 1 6 -4-

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development of the Project Site as of the Effective Date, as provided by Government Code SS 65866 and 65867.5, unless City determines that the failure to apply such change would place the residents of City in a condition dangerous to their health or safety, or both. This Agreement does not prevent City from denying or conditionally approving any subsequent development project application by a third party not a successor-in-interest hereto on the basis of such existing or new rules, regulations and policies.

2.08 Further Assurances. Each party must execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

2.Og Slnqular and Plural; Gender. Except where the context requires othenrvise, the singular of any word includes the plural and vice versa, and pronouns inferring the masculine gender includes the feminine gender and vice versa.

2.10 Govenants Run With The Land. All of the terms, provisions, covenants and obligations contained in this Agreement are binding upon the parties and their respective heirs, successors, and assigns, and all other persons or entities acquiring all or any portion of the Project Site, or any interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof inure to the benefit of such parties and their respective heirs, successors and assigns.

2.11 Enforcement of Covenants. All of the provisions of this Agreement are enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including without limitation, Civil Code S 1468.

2.12 Constructive Notice. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project or the Project Site is and will be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acqulred an interest in the Project or the Project Site. Developer consents to recordation of this Agreement against the Project Site.

SECTION 3. DEFINITIONS.

Unless the context otherwise requires, the definitions and general provisions set forth in this Section govern the construction of this Agreement.

3.01 CEQA. The California Environmental Quality Act (California Public Resources Code SS 21000, ef seg.) and the CEQA Guidelines (California Code of Regulations, title 14, SS 15000, ef seq.), as amended.

3.OZ Development. The subdivision or improvement of the Project Site for purposes of constructing the structures, improvements and facilities comprising the Project including, without limitation: grading, the construction and installation of infrastructure and public facilities related to the Project whether located within or outside the Project Site; the construction of structures and buildings; and the installation of SMRH:4852-7639-0562. 1 6 -5-

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landscaping; but not including the maintenance, repair, reconstruction or redevelopment of any structures, improvements or facilities after the construction and completion thereof.

3.03 Development Aqreement Leqislation. Government Code SS 65864 through 65869.5 as it exists on the Reference Date.

3.04 Develgpment Approvals. Site-specific permits and other entitlements to use of every kind and nature approved or granted by City in connection with the Development including, without limitation: subdivision approvals (including Vesting Maps, final maps, parcel maps, vesting parcel maps, and map waivers), development permits, planned development overlays, conditional use permits, variances, oak tree permits, grading permits, building permits and occupancy permits and including specifically with respect to the Project, Vesting Tentative Map No. 21-01 (the "Vesting Map") and the Environmental lmpact Report.

3.05 Develooment lmpact Fees or DlF. All City-adopted fees and monetary exactions that are designed to pay for new or expanded public facilities needed to serve, or to mitigate the adverse effects of, a given development project and that are imposed by City as a condition of approval of discretionary or ministerial permits for, or in connection with the implementation of, that development project. The term "Development lmpact Fees" does not include processing fees and charges as described in this Agreement. The term "Development lmpact Fees" also does not include requirements that development be served by a public utility even if that public utility irnposes a capital improvement fee or similar charge as a condition of providing service. All development impact fees must be deposited in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, and expend those fees solely for the purpose for which the fee was collected, pursuant to California Government Code S 66006.

3.06 Director. Means the City Manager, or designee.

3.07 Enactinq Ordinance, Ordinance No.2211, introduced by the City Council on June 16,2A21, with second reading held on July 7.2021, approving this Agreement.

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

3.09 Existinq Rules. The Land Use Rules in effect as of the Reference Date of this Agreement.

3.10 General Plan,The Monterey Park General Plan as duly adopted by the City Council as of the Reference Date.

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3.11 Land Use Rules. The ordinances, resolutions, codes, rules, regulations and official policies of City, governing th€ development of the Project Site, including without limitation, the permitted uses of land, the density and intensity of use of land, development impact fees, exactions, and the timing of development, all as applicable to the development of the Project Site. Specifically, but without limiting the generality of the foregoing, Land Use Rules include the General Plan and the MPMC. The term Land Use Rules does not include Regulations relating to the following: the conduct of business, professions and occupations generally; taxes and assessments (unrelated to development); the control and abatement of nuisances; encroachment and other permits and the conveyances of rights and interests that provide for the use of or entry upon public property; and subject to the provisions of Section 4.03 below, any exercise of the power of eminent domain.

3.12 Persons. As used herein, any reference to or use of the word "person" means, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity.

3.13 Plan B. Slope stabilization contemplated by the Settlement Agreement, as amended, to be implemented without or separate and apart from the Project.

3.14 Proiect. The residential development dnd associated amenities, and on- site and off-site improvements, contemplated by the Developer to be constructed on the Project Site, as the same may hereafter be further refined, enhanced or modified pursuant to the provisions of this Agreement. This is also referred to as "Plan A."

3.15 Proiect Site. That real property described in attached Exhibit "A," which is incorporated by reference.

3.16 Requlations. Constitutions, statutes, City ordinances and codes, City resolutions and official policies of City

3.17 Uniform Godes. Uniform Codes adopted by reference in the MPMC in accordance with Government Code SS 50022.2, et seq. as required by applicable law including, without limitation, Health and Safety Code S 18944.5 and Title 24 of the California Code of Regulations. The Uniform Codes govern building and construction standards including, without limitation, the building, plumbing, electrical, mechanical, grading, sign, and fire standards.

SECTION 4. GENERAL DEVELOPMENT OF THE PROPERTY.

4.01 Development Plan. The Devel opment Plan, as provided in the Project's Specific Plan and attached as Exhibit "8," when combined with the Development Approvals and Existing Rules, specifies all of the following aspects of the Project (i) proposed uses of the Project Site; (ii) height and size of buildings to be constructed on the Project Site; (iii) density and intensity of use of the Project Site; and (iv) requirements for reservation or dedication of portions of the Project Site for public purposes.

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4.02 General Devglopment. Any development of the Project on the Project Site must be conducted in accordance with the terms and conditions of this Agreement.

4.03 Permitted Uses. The permitted uses of the Project Site, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements, and other terms and conditions of development applicable to the Project Site must be those set forth in the Existing Rules, the Development Approvals, including the Vesting Map, and this Agreement.

4.04 Future Approvals. City agrees that land uses set forth in the Development Approvals are approved or will be approved pursuant to the terms of this Agreement, provided that Developer satisfactorily complies with all preliminary procedures, actions, payments and criteria applicable as of the Effective Date of this Agreement and generally required of developers by City for processing applications for developments at such time.

City agrees to grant and implement the necessary land use, zoning, site plan or subdivision approvals and to grant other approvals and permits, including the Ministerial Approvals, that will accomplish or facilitate development of the Project Site for the uses and to the density or intensity of development described and shown in the Development Approvals and/or this Agreement pursuant to the Existing Rules. Any development of the Project Site requires all discretionary approvals required by the Existing Rules (collectively, the "Future Development Approvals"). Upon granting any of the Future Development Approvals, they will become part,of the Existing Rules, and Developer will have a "vested right," as that term is defined under California law, in and to such Future Development Approvals by virtue of this Agreement.

4.05 Existinq Rules. Requlations and Official Policies. Subject to the limitations set forth in this Agreement, Developer has a vested right to develop the Project Site in accordance with, and to the extent of, the Development Approvals and this Agreement. Except as othenrvise provided in this Agreement, the rules, regulations, official policies, and conditions of approval governing the permitted uses of the Project Site, the density or intensity of use, and the design, improvement, construction, building and occupancy standards and specifications applicable to the Project and the Project Site are those in force on the Effective Date this Agreement ("Existing Rules"). City may impose reasonable conditions in connection with such subsequent discretionary permit actions which are not deemed MinisterialApprovals, but such conditions and actions must not prevent development of the Project as contemplated by this Agreement and the Development Approvals, or place burdensome or restrictive measures on Developer in connection with the development of the Project.

4.06 Amendment to Existinq Rules. ln the event the MPMC is amended by City in a manner which provides more favorable site development standards than those in effect as of the Effective Date, Developer may notify City in writing of its desire to be subject to the new standards for the remaining term of this Agreement. lf City agrees, by resolution of the City Council or by action of a City official whom the City Council may designate, such new standards will become applicable to the Project Site.

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4.07 Exception for Uniform Godes. Notwithstanding anything in Sections 4.05 and 4.06 to the contrary, the Project is subject to the City's enforcement of the "uniform codes" regulating building or construction standards which will apply to the Project at the time the City issues building permits.
4,08 Application of New Rules. Requlations and Policies. This Agreement does not prevent City in subsequent actions applicable to the Project Site from applying new rules, regulations and policies which do not conflict with those rules, regulations, and policies applicable to the Project Site and set forth herein; nor does this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.

4.09 Approval of Subsequent Tentative and Final Maps, Although the Existing Rules determine the standards for granting or withholding approval of tentative, vesting tentative and final maps and tentative, vesting tentative and finalparcel maps, the procedures for processing approval of all such maps must be governed by regulations as may then be applicable.

4.10 Chanqes in State and Federal Rules and Requlations. Nothing in this Agreement precludes the application to the developm,ent of the Project Site of changes in City's laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in state orfederallaws or regulations as provided in Governrnent Code S 65869.5.

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

4.12 Term of Map(s| and Other Development Approvals. Pursuant to Government Code S$ 66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or may in the future be processed on all or any portion of the Project Site and the term of each of the Development Approvals will be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section 2.04 above.

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4.13 Timinq of Development. To the maximum extent permitted by law, it is express intention of the parties that the development of the Project Site will not be subject to any subsequently enacted initiative or ordinances adopted in response to an initiative which in conflict with the Development Approvals and/or this Agreement including, without limitation, any subsequently enacted initiative or ordinance adopted regarding consistency with the Project and/or Development Approvals with the General Plan.

Without limiting the foregoing, it is the further intention of the parties that development of the Project Site be exempt from any subsequently enacted initiative or ordinances adopted in response to an initiative or City Council action that limits the number of building permits which may be issued in any year or othenrvise seeks to limit the Developer's development plan. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo,3T Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that, subject to any infrastructure phasing requirements that may be required by the Development Approvals, Developer may (without obligation) to develop the Project Site in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Notwithstanding this total exemption of the Project Site from local ordinances regulating the number of building permits which may be issued per year, if there is a judicial determination as a result of proceedings instituted by anyone not a party to this Agreement that the Project Site is subject to a subsequently adopted ordinance or initiative regulating the number of building permits which may be issued, then Developer shall be entitled to construct the number of r'6sidential units specified in the Development Approvals. As a material part of this Agreement, City agrees that it will not (except as otherwise specifically authorized herein) determine, or seek to have a judicial determination made, that the Project Site is subject to any subsequently enacted ordinance or initiative regulating the number of building permits which may be issued in any year. This commitment is necessary and in the best interests of the parties in order to provide the open space, parks, public facilities and infrastructure necessary to meet the requirements of the Development Approvals and the needs of City.

4.14 Moratorium. No City-imposed moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Project Site, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the City Council, an agency of City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City, or portions of City, will apply to the Prolect Site to the extent such moratorium or other limitation is in conflict with this Agreement; provided, however, the provisions of this Section do not affect City's compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations.

4.15 lnfrastructure Capacitv. Subject to Developer's installation of infrastructure in accordance with the requirements of the Development Approvals, City acknowledges that it will have sufficient capacity in its infrastructure, services and utility SMRH:4852-7639-0562. 1 6 -10-

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Monterey Park City CouncilMay 6, 2026

Monterey Park City Council
May 6, 2026