Ordinance No.
D. The proposed action of restoring the Pro perty’s zoning designation is consistent with General Plan since the land use designation of the Property would remain as Low Density. Specifically, this action in consistent with, but not limited to, the following goals, policies, and objectives of the General Plan:
1. Goal 3 of the Land Use and Urban Design Element (LUE) encourages complete residential neighborhoods that enhance the quality of life and promote a healthy community. The proposed action will assist in alleviating a nuisance that has been impacting the community for years and will contribute to enhancing the character of the neighborhood.
2. Policy 3.2 of the LUE encourages diversifying housing options with the goal of establishing new opportunities for persons of varied incomes, ages, lifestyles, interests, and family needs – providing for aging in place and multi -generational cohabitation. The proposed action offers a chance to raise the P roperty's permitted density, which would enhance housing diversity and create a chance for senior or multigenerational housing.
3. Policy 9.1 of the LUE encourages the creation of homeownership opportunities by encouraging development of smaller-scale, for-sale residential units such as condominiums, townhomes, and duplexes.
The proposed action provides opportunities for future
homeownership, including condominiums, townhomes, and
duplexes.
4. Policy 3.1 of the Housing Element encourages a wide range of housing types, prices, and ownership forms. The proposed action restores a residential zoning designation that provides opportunities for various housing types, ownership forms, and pricing.
5. Policy 9.2 of the Safety Element encourages that hillside developments incorporate measures that mitigate slope failure potential and provide long-term slope maintenance. The proposed action facilitates development opportunities for the Property, which would remain subject to applicable requirements addressing slope stability and maintenance.
E. The proposed action is not expected to adversely affect surrounding properties and will facilitate future development of the Property, which could assist in addressing the longstanding nuisance conditions and the City’s housing needs.
F. The proposed action will promote the public health, safety, and general welfare and will serve the goals and purposes of the Zoning Code.
Ordinance No.
SECTION 3: Environmental Assessment. Pursuant to the California Environmental Quality Act (Public Resources Code sections 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. sections 15000, et seq., the “CEQA Guidelines”), the proposed actions are exempt f rom CEQA under CEQA Guidelines Section 15061(b)(3). It can be determined with certainty that the proposed actions would have no significant effect on the environment, as it involves the repeal of Ordinance No. 2210 and its approval of the1688 West Garvey Avenue Specific Plan as the zoning for the Property, and restoration of the Property’s prior High-Density Residential (R-3) zoning designation and does not propose or approve any new development. If the proposed action is approved, the City will file a Notice of Exemption as required under Public Resources Code sections 21008 and 21152.
SECTION 4: Approvals. Ordinance No. 2210 and the 1688 West Garvey Avenue Specific Plan approved thereby are repealed, and the zoning of the Property is changed from the 1688 West Garvey Avenue Specific Plan to High-Density Residential (R-3). Accordingly, the Zoning Map is hereby amended as set forth in Exhibit A and incorporated herein by this reference.
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 this action . 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 this action is based on the best information currently available. It is inevitable that in evaluating an action that absolute and perfect knowledge of all possible aspects of the action will not exist. One of the major limitations on analysis of the action is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions.
Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 7: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 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 summary is not an indication that a particular finding is not based in part on that fact.
SECTION 9: 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.
Ordinance No.
SECTION 10: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 11: Recordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.
SECTION 12: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.
PASSED AND ADOPTED this ____ day of _________, 2026.
____________________________
Henry Lo, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
_________________________________
Joaquin Vazquez, Assistant City Attorney
EXHIBIT A to ATTACHMENT A
Existing and Restored Zoning
Designation for the Property Located
at 1688 West Garvey Avenue
1688 W
Garvey
1688 West Garvey Avenue- Goodview Specific Plan
Cit
y of Monterey Park Boundary
0 0.2 0.40.1 Miles
´
1688 West Garvey Avenue - Goodviews Specific Plan (Existing Zone) Single-Family Residential (R-1)
High-Densit
y Residential (R-3)Office Professional (O-P)
Open Space (O-S) Medium-Density Residential (R-2)
Neighborhood Shopping (N-S)
City of Monterey Park Boundary0 0.2 0.40.1 Miles
´
1688 West Garvey Avenue - High-Density Residential (R-3) Zone (Restored Zone) Single-Family Residential (R-1)
High-Densi
ty Residential (R-3)Office Professional (O-P)
Open Space (O-S) Medium-Density Residential (R-2)
Neighborhood Shopping (N-S)
ATTACHMENT 2
Draft Ordinance Repealing Ordinance No. 2211
and Rescinding and Terminating Development
Agreement No. 21-01 (Agreement No. 2252-AA)
between the City of Monterey Park and Center
Int'l Investments, Inc.
ORDINANCE NO.
AN UNCODIFIED ORDINANCE REPEALING ORDINANCE NO. 2211
AND RESCINDING AND TERMINATING DEVELOPMENT AGREEMENT
NO. 21 -01 (AGREEMENT NO. 2252 -AA) BETWEEN THE CITY OF MONTEREY PARK AND CENTER INT’L INVESTMENTS, INC.
The City Council of the City of Monterey Park does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On July 7, 2021, the City Council approved various entitlements to facilitate the development of a 16- unit gated residential community (“Project”) at 1688 West Garvey Avenue (“Property”).
B. The entitlements included (1) certification of a Final Environmental Impact Report (SCH No. 2020070419) for the P roject; (2) approval of a vesting tentative map (VTM No. 21- 01) to subdivide the P roperty into 18 lots; (3) adoption of an ordinance (Ordinance No. 2210) approving a zone change (ZC No. 21-01) to change the zoning designation of the Property from High- Density Residential (R -3) to the 1688 West Garvey Avenue Specific Plan (“Goodviews Specific Plan”) ; and an ordinance (Ordinance No. 2211) approving Development Agreement No. 21- 01 (DA No. 21- 01 (“Development Agreement”)) between the City of Monterey Park (“City”) and Center Int’l Investments, Inc. ( “CII”), outlining terms and conditions for the Project.
C. Prior to Project approval, on April 25, 2017, the parties executed a Settlement Agreement and Mutual Release (“Settlement Agreement”) 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 Property, and further provided that the City, on behalf of the People, could enter the P roperty to remediate nuisance conditions upon CII’s failure to timely perform, at CII’s sole cost.
D. Following Project approval, CII did not begin the required hillside stabilization work. The City Manager served a Notice of Breach on August 25, 2021, followed by a Notice of Default on October 13, 2021, outlining failures to remediate a public nuisance and to defend and indemnify the City in third‑party litigation (Save Our Slopes v. City of Monterey Park). CII also failed to comply with Section 19 of the Development Agreement, which
Ordinance No.
required it to defend and indemnify the City against legal challenges related to the Project.
E. Despite repeated tenders of defense from July through September 2021, CII refused to participate. The City Council initiated legislative subpoena proceedings in May 2022 to gather facts related to CII’s nonperformance and potential termination of the Agreement.
F. Separately, due to an imminent threat to public health and safety, the City declared an emergency in June 2022 and began direct abatement work under the Goodviews Abatement Project (GAP). The City incurred approximately $16 million in costs, secured through nuisance abatement liens. CII has not paid any portion of this amount, which continues to accrue interest at 10 percent annually.
G. Under the amended Settlement Agreement, CII pledged commercial property on Lee Avenue as security for its obligations. After CII failed to reimburse City abatement costs, the City initiated a non‑judicial foreclosure.
The property did not sell at auction on April 2, 2025, resulting in automatic transfer of title to the City. The City Council accepted title on April 16, 2025, as partial satisfaction of CII’s outstanding debt, and the property is now in escrow for sale.
H. On May 6, 2026, the City Council held an annual review of the Development Agreement and found that CII failed to demonstrate good- faith compliance with the terms and conditions of the Development Agreement. The City Council directed staff to initiate proceedings to rescind and terminate the Development Agreement in accordance with Government Code Section 65868 and Section 12 of the Agreement. In addition, the City Council directed staff to initiate proceedings to repeal the Goodviews Specific Plan and restore the prior High-Density Residential (R-3) zoning designation for the Property.
SECTION 2: Findings for Terminating Development Agreement . The City Council finds as follows:
A. On July 7, 2021, the City Council adopted Ordinance No. 2211 approving the Development Agreement for the Project.
B. On May 6, 2026, the City Council directed staff to initiate proceedings to rescind and terminate the Development Agreement for the Project in accordance with Government Code Section 65868 and Section 12 of the Agreement.
Ordinance No.
C. Based on the record, CII failed to demonstrate good- faith compliance with the Agreement. The specific findings are as follows:
1. Failure to Implement Plan B (Hillside Stabilization). Section 2.04 of the Development Agreement required 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 and Project. Section
6.01 of the Development Agreement required CII to comply with the applicable provisions of the Project approval and perform certain obligations, including without limitation, the reclamation of the sidewalk adjacent to the exterior perimeter of the Property 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 required CII to comply with the Mitigation Measure and Reporting Plan (MMRP) for the Project, 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 required 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 required 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 required CII to hold the City harmless and indemnify the City from claims arising from the P roject. 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.
Ordinance No.
8. Failure to Furnish Evidence of Good-Faith Compliance. Section 5.05 of the Development Agreement required CII to furnish reasonable evidence and adequate documentation of good-faith compliance. CII has furnished no such evidence.
SECTION 3: Environmental Assessment. Pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”), the proposed action is exempt from CEQA under CEQA Guidelines § 15061(b)(3). It can be determined with certainty that the proposed action would have no significant effect on the environment, as it involves the repeal of Ordinance No. 2211 and recession and termination of Development Agreement No. 21- 01 and does not propose or approve any new development. If the proposed action is approved, the City will file a Notice of Exemption as required under Public Resources Code §§ 21008, 21152.
SECTION 4: Approvals. Ordinance No. 2211 is hereby repealed and Development Agreement No. 21- 01 (Agreement No. 2252- AA) between the City and CII is hereby rescinded and terminated.
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 this action . 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 5: Limitations. The City Council’s analysis and evaluation of this action is based on the best information currently available. It is inevitable that in evaluating an action that absolute and perfect knowledge of all possible aspects of the action will not exist. One of the major limitations on analysis of the action is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions.
Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 6: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 7: 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.
Ordinance No.
SECTION 8: 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.
S
ECTION 9: 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.
S
ECTION 10: Recordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.
S
ECTION 11: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.
P
ASSED AND ADOPTED this ____ day of _________, 2026.
___
_________________________
Henry Lo, Mayor
A
TTEST:
___
_____________________________
Maychelle Yee, City Clerk
APPR
OVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
___
______________________________
Joaquin Vazquez, Assistant City Attorney
ATTACHMENT 3
Copy of Ordinance No. 2210
O
RDINANCE NO. 2210
AN O
RDINANCE 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.
T
he 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. T
he proposed Project was r eviewed by the C ity Planner for, in part, consistency with the General Plan and conformity with the MPMC; C. I
n 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. T
he 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. T
he City Council has carefully considered all pertinent testimony 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
Ordinance No. 2210
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 findings, 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 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 P roject is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City
Ordinance No. 2210
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.
Ordinance No. 2210
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
Ordinance No. 2210
EXHIBIT A
1688 WEST GARVEY AVENUE ZONING MAP
Ordinance No. 2210
EXHIBIT B
1688 WEST GARVEY AVENUE SPECIFIC PLAN (SP-21-01)
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
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
1688 West Garvey Specific Plan
Meridian Consultants 1 1688 West Garvey Avenue Specific Plan 273-001-19 March 2021
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.
Specific Plan Area Location Map
FIGURE 1
273-001-19
SOURCE: Google Earth - 2020
APPROXIMATE SCALE IN FEET
10005000 2000
N
Legend:
Project Site
1688 West Garvey Specific Plan
Meridian Consultants 3 1688 West Garvey Avenue Specific Plan 273-001-19 March 2021
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.
1688 West Garvey Specific Plan
Meridian Consultants 4 1688 West Garvey Avenue Specific Plan 273-001-19 March 2021
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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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.
FIGURE 2
SOURCE: 1688 Garvey Sample - March 2021
Site Plan
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APPROXIMATE SCALE IN FEET
100500 200
N
Sections Lots 1-2
FIGURE 3a1
SOURCE: SLSD Inc. - March 2021
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APPROXIMATE SCALE IN FEET
50250 100
Sections Lots 3-4
FIGURE 3a2
SOURCE: SLSD Inc. 2020
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APPROXIMATE SCALE IN FEET
50250 100
Sections Lots 5-6
FIGURE 3b1
SOURCE: SLSD Inc. 2021
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APPROXIMATE SCALE IN FEET
50250 100
Sections Lots 7-8
FIGURE 3b2
SOURCE: SLSD Inc. 2020
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APPROXIMATE SCALE IN FEET
50250 100
Sections Lots 9-10
FIGURE 3c1
SOURCE: SLSD Inc. 2021
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APPROXIMATE SCALE IN FEET
50250 100
Sections Lots 11-12
FIGURE 3c2
SOURCE: SLSD Inc. 2021
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APPROXIMATE SCALE IN FEET
50250 100
Sections Lots 13-14
FIGURE 3d1
SOURCE: SLSD Inc. 2021
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APPROXIMATE SCALE IN FEET
50250 100
Section Lot 15
FIGURE 3d2
SOURCE: SLSD Inc. 2021
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APPROXIMATE SCALE IN FEET
50250 100
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
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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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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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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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.
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
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SOURCE: 1688 West Garvey Avenue Project Traffic Impact Analysis, Ganddini Group Inc. – January 8, 2021
N NOT TO SCALE
Specific Plan Setting
FIGURE 11
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SOURCE: Open Street Map - 2020; Orange Street Studio - 2020
APPROXIMATE SCALE IN FEET
5002500 1000
N
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
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APPROXIMATE SCALE IN FEET
120600 240
N
FIGURE 13a
SOURCE: Space Light Structure Design - 2019
Conceptual Elevation
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Type B Front Elevation
FIGURE 13b
SOURCE: Space Light Structure Design - 2019
Conceptual Elevation
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Type B Rear Elevation
FIGURE 13c
SOURCE: Space Light Structure Design - 2019
Conceptual Elevation
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Type E Front Elevation
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.
ATTACHMENT 4
Copy of Ordinance No. 2211 and
Development Agreement No. 21-01
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.
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
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.
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
EXHIBIT A
DEVELOPMENT AGREEMENT (DA-21 -01 )
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.
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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-
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.
SMRH:4852-7639-0562. 1 6 -3-
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-
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-
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-
systems including, without limitation, traffic circulation, storm drainage, flood control, electric service, sewer collection, sewer treatment, sanitation service and, except for reasons beyond City's control, water supply, treatment, distribution and service, to accommodate the Project. To the extent that City renders such services or provides such utilities, City agrees that it will serve the Project and that there will be no restriction on hookups or service for the Project except for reasons beyond City's control.
4.16 lnfrastructure Phasinq Flexibilitv. Notwithstanding the provisions of any phasing requirements in the Development Approvals, Developer and City recognize that economic and market conditions may necessitate changing the order in which the infrastructure is constructed. Therefore, City and Developer agree that should it become necessary or desirable to develop any portion of the Project's infrastructure in an order that differs from the order set forth in the Development Approvals, Developer and City will collaborate and City will permit any reasonable modification requested by Developer so long as the modification continues to ensure adequate infrastructure is available to serve that portion of the Project being developed.
4.17 Development Aqreement: Existinq Rules: Development Approvals. ln the event of any inconsistency between any Existing Rule, Development Approval or Future Development Approval and this Agreement, the provisions of this Agreement control.
4.18 Desiqn/Development Standards. Notwithstanding the provisions of the Existing Rules, the following designidevelopment standards apply to the Project:
(a) Easements dedicated for pedestrian use are permitted to include easements for underground drainage, water, sewer, gas, electricity, telephone, cable and other utilities and facilities so long as they do not unreasonably interfere with pedestrian use-
(b) The elevations and design standards of the units (the "Residential Design Standards") are'reflected in attached Exhibit "C," which is incorporated by reference. The Residential Design Standards for all residential units within the Project are substantially in conformance with the Residential Design Standards set forth in Exhibit "C."
(c) Developer is authorized to apply for and receive grading permits and permits to construct infrastructure improvements before approval of a final map. (d) The Developer is not required to provide additional common area open space including, without limitation, any park areas, in excess of what is shown on the Development Plan.
4.19 Mqdel Homes. Before a final map is recorded, City agrees to issue building permits and occupancy certificates for the construction of model homes (and related model home complex structures) that will be used by Developer for the purpose of promoting sales of single-family residential units within the Project; provided, however, in no event is City required to issue more than five building permits for the construction of SMRH:4852-7639-0562. 1 6 -11-
model homes, and in no event is Developer permitted to sell or transfer any model home until a final map is recorded on that portion of the Project Site where the model home is located.
4.20 Reimbursement. Nothing in this Agreement precludes City and Developer from entering into any reimbursement agreements for the portion (if any) of the cost of any dedications, public facilities andior infrastructure that City may require as conditions of the Development Approvals or the Future Development Approvals, to the extent that they are in excess of those reasonably necessary to mitigate the impacts of the Project.
4.21 Public Financino of lmprovements. Developer may, from time to time, request City to establish one or more assessment and/or community facilities districts to finance infrastructure, public facilities and/or fees ("Financing Mechanism") that may be required in connection with the development of the Project. City agrees to use its best efforts to implement such requests subject to applicable state and federal law and to the Existing Rules.
4.22 Development lmpact Fee Proqram. Developer will make public infrastructure improvements ("lmprovements")that will serve the public interest as part of the Project including without limitation: the modification of power utility services (which may include undergrounding, relocation, raising, or other modifications), removal of an unsighfly and ineffective retaining wall and other measures on an adjacent property that no longer supports the stabilization of the hillside and the reclamation of the sidewalk that extends along the Garvey Avenue at the Project's frontage. Developer and City have agreed that the costs to design and construct the lmprovements will be eligible for a Dbvelopment lmpact Fee Program that will provide a credit to the Developer against certain Development lmpact Fees in exchange for the Developer construction and dedication of the lmprovements. lf appropriate, the parties may enter into a separate DIF Credit Agreement that will be executed as a separate instrument and does not constitute an amendment to this Agreement.
SECTION 5. PERIODIC REVIEW
City will conduct a review of this Agreement as set forth in the following subsections.
5.01 Annual Review. City must review the extent of good faith compliance by Developer with the terms of this Agreement at least once every 12-month period from the Effective Date of this Agreement.
5.02 Procedure. Such annual review must be conducted in accordance with the MPMC.
5.03 Notice. City must notify Developer in writing of the date of review at least 30 days prior thereto.
5.04 Good-fa ith Comoliance. Duri ng each annual review, Developer is required to demonstrate good faith compliance with the terms of this Agreement. Developer agrees SMRH:4852-7639-0562.1 6 -12-
to furnish reasonable evidence of good faith compliance as City, in the exercise of its reasonable discretion, may require. lf requested by Developer, City agrees to provide to Developer, a certificate that Developer, or a duly authorized assignee, transferee or successor in interest, is in compliance with the terms of this Agreement, provided Developer reimburses City for all reasonable and direct costs and fees incurred by City with respect thereto.
5.05 Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as City, in the exercise of its reasonable discretion, may require.
5.06 Cost of Annual Review. The costs incurred by City in connection with the annual review must be borne by Developer.
5.07 Failure to Conduct Annual Review. City's failure to perform an annual review pursuant to the terms of this Section 5 does not constitute a Developer default.
SECTION 6. OBLIGATIONS OF AND CONTRIBUTIONS BY DEVELOPER.
6.01 Contributions. ln consideration of City entering into this Agreement, Developer has agreed to comply with the applicabld provisions of the Development Approvals the Existing Rules in developing the Project and to perform certain obligations and provide certain contributions set forth therein, which City acknowledges will have an overall benefit to the public and surrounding area, including without limitation: the reclamation of the sidewalk adjacent the exterior perimeter of the Project Site along Garvey Avenue.
6.O2 MitiqatiotlMeasures. Developer must comply with the Mitigation Measure and Reporting Plan ("MMRP") adopted via Resolution No. XXXX on XXXX, 2021 is incorporated by reference into.this Agreement as if fully set forth. Failure to comply with the MMRP constitutes a material breach of this Agreement.
6.03 Green Construction. Developer agrees to analyze the feasibility of incorporating green construction practices, materials and features that are environmentally sustainable into the Project.
6.04 Nexus/Reasonable nshin Challenaes- Developer consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs required by the Existing Rules or this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax.
6.05 Cooperation Bv Developer. Developer will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder, and cause Developer's planners, engineers, and all SMRH:4852-7639-0562. 1 6 -1 3-
other consultants to submit in a timely manner all required materials and documents therefore.
6.06 Other Govern ntal Permits- Developer must apply in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project Site as may be required for the development of, or provision of seruices to, the Project.
6.07 Reimbursement for Citv's Efforts on Behalf of Developer. To the extent that City, on behalf of (and requested by) Developer, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Project as described in this Agreement, Developer must reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreement. Any fees, assessments or other amounts payable by City pursuant to any such agreement described herein must be borne by Developer except where Developer has notified City in writing, before City entering into such agreement, that it does not desire for City to execute such agreement.
6.08 Citv's Efforts to Defend and/or nforce Multi-Aoencv Aqreements.
Developer must defend City in any challenge by any person to any agreement identified in Section 6.07, and must reimburse City for any costs and expenses incurred by City in enforcing any such agreement.
6.09 Water Meter lnstallation Fees. ln order to provide firefighting capacity within each dwelling unit, Developer agrees to install fire sprinklers in all dwelling units, in accordance with the MPMC and City's'Fire Department Regulations, and 1-inch water meters.
SECTION 7. OBLIGATIONS OF GITY.
ln consideration of Developer entering into this Agreement, City has agreed to the following with respect to the development of the Project Site:
7.01 Processing. City recognizes that expeditious processing of ministerial permits and approvals and discretionary actions, if any, and any other approvals or actions required for the Project can be helpful to the Project. ln recognition of this value, City agrees to reasonably cooperate with Developer to establish time frames for processing and reviewing such ministerial permits and approvals and discretionary actions and to comply with any timeframes established in the Development Approvals.
Upon satisfactory completion by Developer of all required preliminary actions and payments of appropriate processing fees, if any, City must promptly commence and diligently proceed to complete all required steps necessary for the implementation of this Agreement and the development by Developer of the Project Site in accordance with the other Development Approvals including, without limitation, the following:
(a) the holding of all required public hearings; and
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(b) the processing and approval of all Ministerial Approvals and related matters as necessary for the completion of the development of the Project. ln this regard, Developer will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder as required by the Existing Rules and must cause Developer's planners, engineers and all other consultants to submit in a timely manner all required materials and documents therefore as required by the Existing Rules.
7.02 Standard of Review. The rules, regulations and policies that apply to any Ministerial Approvals which must be secured before the construction of any pottion of the Project must be the Existing Rules. Any Ministerial Approval, including without limitation a building permit, must be approved by City within a reasonable period of time after application is made therefor.
7.03 Contract Services. lf requested by Developer, at Developer's expense, City must obtain outside contractual services as necessary to ensure prompt processing of all Development Approvals.
SECTION 8. AMENDMENTS.
8.01 Amendment bv Mutual Consent. This Agreement may be amended from time to time by mutual written consent of the original parties or their successors in interest, with City's costs payable by amendment applicants, in accordance with the provisions of Government Code SS 65867 and 65868 and provided that: (i) any amendment to this Agreement which does not relate to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by Developer or any conditions or covenants relating to the use of the Project Site, does not require notice or public hearing before the parties may execute an amendment hereto; and (ii) any other amendment of this Agreement will follow the MPMC
8.02 Amendment Exemptions. lt is contemplated by City and Developer that Developer may, from time to time, seek amendments to one or more of the Development Approvals and Fuiure Development Approvals. Any such amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are consistent with the Existing Rules and will, upon approval by City, continue to constitute the Development Approvals as referenced herein. The parties agree that any such amendments do not constitute an amendment to this Agreement nor require an amendment to this Agreement.
8.03 Amendment of Development Permits. Upon the written request of Developer, any Development Approval, including the Vesting Map and the Specific Plan may from time to time be amended or modified in the manner set forth in this Agreement, the Existing Rules and applicable State laws.
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8.04 Operatinq Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer and the refinements and further development of the Project may demonstrate that clarifications are appropriate with respect to the details of performance of City and Developer. lf and when, from time to time, during the term of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, they may effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, will be attached to this Agreement. No such operating memoranda constitute an amendment to this Agreement requiring public notice or hearing. The City Attorney is authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment to this Agreement pursuant to Section 8.01 above. The City Manager is authorized to execute any operating memoranda without City Council or Planning Commission action.
SECTION 9. TRANSFERS AND ASSIGNMENTS.
9.01 Citv's lntent. Developer has demonstrated, and City finds that Developer possesses, the experience, reputation and financial resources to develop and maintain the Project Site in the manner contemplated by this Agreement. lt is because of such qualificitions, which assure the development of the Project Site to a high quality standard contemplated by the General Plan that City is entering into this Agreement. Accordingly, restrictions on the right of Developer to assign or transfer the rights and privileges contained in this Agreement in whole or in part are necessary in order to assure the achievement of the objectives of the General Plan and this Agreement.
9.02 Developer's Right to Assiqn or Transfer. Subject to the provisions of this Section S.OZ anO tne provisions of Section 9.08 below, Developer may assign or transfer any of its rights or interests under this Agreement subject to consent of City, which consent will not be unreasonably withheld, delayed or denied.
9.03 Restriction on Assiqnment Does Not Constitute an Unreasg,nable Restraint on Alienation. Developer agrees that the restriction on its right to transfer any @nderthisAgreementisnotrepugnantorunreasonableinthat
such a iestriction is a material inducement to City to enter into this Agreement since the restriction reserves for City the power to prevent the transfer of any of the rights and obligations hereunder to an unreliable developer.
9.04 Restriction on Assionment Does Not Prevent Developer FIom Convevinq the Proiect Site. The parties agree that the restriction on assignment without @othosecertainvestedrightscreatedunderthisAgreementand
such restriction does not affect Developer's right to convey the Project Site itself.
9.05 Request Procedure. City must admlnister the provisions of this Section through its Director. Deveioper must notify the Director and the City Manager in writing of its request for City's consent to an assignment or transfer (if reouired) under this Section, SMRH:4852-7639-0562. 1 6 -1 6-
together with a statement that if the Director does not notify Developer within thirty (30) days of receipt of the request, the request is deemed approved.
9.06 30-Dav Period. lf, within such 30-day period the Director does not so notify Developer, the request for consent is automatically deerned approved and no further action by Developer or City is necessary. Developer agrees to provide additional information as the Director may reasonably request within such 30-day period-
9.07 Assiqnment. Subject to the provisions of Section 9.02 above and the provisions of Section 0.Og Uetow, the management control and responsibility of Developer and the expertise, competence, and financial strength of Developer are integral components of the consideration for City entering into this Agreement. ln order to preserve such consideration for City and for City to receive full value, the parties hereto agree that the occurrence of any of the following events constitute, for purposes of this provision, an assignment:
(a) A change in the composition of ownership interests in and control of Developer, the result of which diminishes Developer's ownership interest to less than twenty percent (20%).
(b) A change in the composition of ownership interests in and control of the Project Site such that Developer's equity in the Project Site is reduced to less than fifty-one percent (51%).
9.08 Minor Assiqnments. Th", following transfers are considered minor assignments which are not subject to this'Section:
(a) The granting of easements to any appropriate governmental entity or utility to facilitate the development of the Project;
(b) A sale of a completed residential unit to an individual purchaser; and (c) A transfer to a "Developer Affiliate." The term "Developer Affiliate" means any of the following:
(i) Any corporation in which Developer owns or controls, directly or indirectly, fifty-one percent (51%) or more of the common stock (a "Developer Controlled Corporation"); and
(ii) Any general or limited partnership, or limited liability company or partnership in which Developer or a Developer Controlled Corporation is the managing general partner or member or, if not the managing general partner or member, a partner or member having fifty-one percent (51o/") or more ownership interest.
9.09 Notice of Propose_d Assignment. lf City's consent to a transfer is required under this Section, Developer must provide City with adequate evidence that the proposed assignee, buyer or transferee is qualified using the standards and conditions SMRH:4852-7639-0562. 1 6 -17-
described in this Section, and ability to comply with these standards and conditions will be the test of reasonableness.
9.10 Gonditions and Standards. The conditions and standards referred to above are as follows:
(a) Such assignee or transferee possesses the experience, reputation and financial resources to cause the Project Site to be developed and maintained in the manner contemplated by the General Plan and this Agreement; (b) Such assignee or transferee enters into a written assumption agreement, in form and content satisfactory to the City Attorney, expressly assuming and agreeing to be bound by the provisions of this Agreement; (c) Such assignment or transfer will not impair the ability of City to achieve the objectives of this Agreement.
9.11 Financinq Exemption. This Agreement does not prevent or limit Developer from encumbering the Project Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Project Site, or a portion theieof or interest therein, is pledged as security, and contracted for in good faith and fair value in order to secure financing with respect to the construction, developmenl, use or operation of the Project Site.
Mortgages, deeds of trust, sales and lease-backs, or other forms of conveyance required for any reasonable method of financing requiring a security arrangement with respect to the Project Site are permitted without thb consent of City, provided City receives prior notice of such financing (inctuding the name and address of the lender and the person or entities acquiring any such secured interest) and Developer retains the legal and equitable interest in the Project Site and remains fully responsible hereunder. The words "mortgage" and "deed of trust," as used herein, include all other appropriate modes of financing real estate acquisition, construction and land development, City acknowledges that the lender(s) providing such financing may require cedain Agreement interpretations and modifications and agrees, from time to time, to meet with Developer and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust ("Mortgagee") of the Project is entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement will defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Project made in good faith and for value.
(b) lf City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City will provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice SMRH:4852-7639-0562. I 6 -18-
of default to Developer. The Mortgagee has the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (c) No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of Developer or other affirmative covenants of Developer under this Agreement, or to guarantee performance. ln addition, the Mortgagee shall have no right to develop or operate the Project Site without fully complying with the terms of this Agreement, and to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance under this Agreement.
9.12 Notice of Assisnment. Upon receiving approval of an assignment, Developer must provide City with written notice of such assignment and as part of such notice the assignee must execute and deliver to City an assumption agreement in which the name and address of the assignee is set forth and the assignee expressly and unconditionally assumes the obligations of all the provisions set forth in this Agreement.
9.13 Unapproved Assiqnments. lf City reasonably makes the determination not to consent to the assignment or transfer of the rights and privileges contained in this Agreement, and Developer conveys the Project Site to a third party, in whole or in part, Developer must remain liable and responsible for all of the duties and obligations of this Agreement.
9.14 Notice of Sale of Proiect Site. Except for sales of individual residential units, Developer must give written notice to City, within 10 days after close of escrow, of any sale or transfer of any portion of the Project Site, specifying the name or names of the purchaser, the purchaser's mailing address, the amount and location of the land sold or transferred, and the name and address of a single person or entity to whom any notice relating to this Agreement must be given.
9.15 Liabilities Upon Transfer. Upon any transfer of any portion of the Project Site and the express assumption of Developer's obligations under this Agreement by such transferee, Developer is released from its obligations under this Agreement with respect to the Project Site, or portion thereof, so transferred arising subsequent to the effective date of such transfer and City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Project Site acquired by such transferee. A default by any transferee only affects that portion of the Project Site owned by such transferee and will not cancel or diminish in any way Developer's rights hereunder with respect to any portion of the Project Site not owned by such transferee. The transferee is responsible for the reporting and annual review requirements relating to the portion of the Project Site owned by such transferee, and any amendment to this Agreement between City and a transferee only affects the portion of the Project Site owned by such transferee.
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SECTION 10. DELAYS IN PERFORMANCE.
10.01 Permitted Delavs. ln addition to any other provisions of this Agreement with respect to delay, Developer and City are excused for performance of their obligations hereunder and the term of this Agreement will be extended during any period of delay caused by matters outside their reasonable control including, without limitation, civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other pafty, acts of terrorism, or restrictions imposed or mandated by governmental or quasi-governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder ("Permitted Delays").
10.02 Third Partv Actions. Any court action or proceeding brought by any thirdpartytoctr@'oranyotherpermitorapprdvaIrequiredfromCity or any other governmental entity for development or construction of all or any portion of the Project, whether or not Developer is a party to or real party in interest in such action or proceeding, constitutes a Permitted Delay under this Section; provided, however, the filing of any third party lawsuit(s) against City or Developer relating to this Agreement, the Development Approvals, any Future Development Approvals or to other development issues affecting the Prolect Site will not delay or stop the development, processing or construction of the Project, approval of any Future Development Approvals, or issuance of Ministerial Approvals, unless the third party obtains a court order preventing the activity.
City will not stipulate to or cooperate in the,.issuance of any such orderwithout Developer's mutual consent.
10.03 Notice of Permitted Delavs. City and Developer will promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained.
SECTION 11. DEFAULT
11.01 Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of the Section regarding Permitted Delays, the failure or unreasonable delay by either parly to perform any material term or provision of this Agreement for a period of 30 days after the dispatch of a written notice of default from the other party constitutes a default under this Agreement ("Event of Default"). lf the nature of the alleged default is such that it cannot reasonably be cured within such 30- day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure is deemed a cure within such period.
11.02 Notice of Event of Default. Any notice of an Event of Default given hereunder must specify in detail the nature of the alleged Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement.
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11.03 Cure Period.Any party is in default of this Agreement if such party fails to pedorm or comply with the terms and conditions of this Agreement and does not cure that failure within the period of 30 days after written notice of default, or if such default is of a nature which cannot reasonably be cured within 30 days, then if such party does not cure such failure within such longer period of time as is reasonably required to cure such default, but not to exceed 45 days in the aggregate, provided that the defaulting party undertakes diligently and in good faith to commence such cure within not more than 10 business days after notice of default and is diligently and in good faith pursuing such cure to completion. However, the cure period can be longer than 30 days if it is reasonable under the circumstances or the repair or cure work takes longer than 30 business days to complete.
11.04 General Default Remedies. After notice and expiration of the 30-day period without cure, then after providing the defaulting party with at least 10 business days advance notice, the non-defaulting party may perform or cause to be performed such work. After delivering evidence of the cost of such work to defaulting party, which evidence will be reasonably documented, defaulting party must reimburse non- defaulting party for the cost of said work, plus a 1OT' administrative fee. Defaulting party must deliver said reimbursement within 10 business days after receiving the evidence of the amount of said costs. The non-defaulting party reserves the right to exercise any such rights and remedies against the defaulting party as it may have at law or in equity including, without limitation, the right to terminate this Agreement pursuant to Government Code S 65868 or seek mandamus, specific performance, injunctive or declaratory relief.
11.05 Remedies _Gumulative. Any rights or remedies available to non- defaulting party under this Agreement and any other rights or remedies that such party may have at law or in equity upon a default by the other party under this Agreement must be distinct, separate and cumulative rights and remedies available to such non-defaulting party and none of such rights or remedies, whether or not exercised by the non-defaulting party, must be deemed to exclude any other rights or remedies available to the non- defaulting party. The non-defaulting party may, in its discretion, exercise any and all of its rights and remedies, at once or in succession, at such time or times as the non-defaulting party considers appropriate.
11.06 Leqal Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto.
11.07 Developer Default. No building permit will be issued or building permit application accepted for any structure on the Project Site after Developer is determined by City, to be in material default of the terms and conditions of this Agreement, and until such default thereafter is cured by the Developer or is waived by City.
11.08 Waiver. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver must be implied from any omission by a party to take any SMRH:4852-7639-0562.1 6 -21-
action with respect to such Event of Default. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party does not constitute waiver of such party's right to demand strict compliance by such other party in the future.
11.09 Scope of Waiver. No express written waiver of any Event of Default must affect any other Event of Default, or cover any other period of time specified in such express waiver.
11.10 Venue. ln the eventthat suit is brought by either paftyto this contract, the parties agree that venue is exclusively vested in the State courts of the County of Los Angeles or where appropriate, in the United States District Court, Central District of California, Los Angeles, California.
SECTIONl2. TERMINATION.
12.01 Effect of Termination. This Agreement may be cancelled, in whole or in part, by mutual consent of the parties or their successors in interest in accordance with Government Code S 65867. Unless terminated earlier, pursuant to the terms of this Agreement, this Agreement automatically terminates upon the expiration of the Term.
Termination of this Agreement, for any reason, does nbt, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Approvals. Upon termination of this Agreement, the rights, duties and obligations of the parties hereunder will, subject to the following provisions, cease as of the date of such termination.
12.02 Termination for lndividual Lots. This Agreement will terminate with respect to any lot and such lot is released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on the lot.
12.03 Termination by City. lf City terminates this Agreement because of Developer's default, then City retains any and all benefits, including money or land received by City hereunder.
SECTION 13. RELATIONSHIP OF PARTIES.
13.01 Proiect as a Private Undertakinq. lt is specifically understood and agreed by and between the parties hereto that the development of the Project Site is a separately undeftaken private development.
13.02 lndependent Contractors. The parties agree that the Project is a private development and that neither party is acting as the agent of the other in any respect hereunder.
13.03 No Joint Venture or Partnership. City and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith must be construed as making City and Developer joint venturers or partners.
SMRH:4852-7639-0562. 1 6 -22-
13.04 No Third Partv Beneficiaries. The only parties to this Agreement are Developer and City. There are no third party beneficiaries and this Agreement is not intended, and must not be construed, to benefit, or be enforceable by any other person whatsoever.
13.05 Amblquities or Uncertainties. The parties hereto have mutually negotiated the terms and conditions of this Development Agreement and this has resulted in a product of the joint drafting efforts of both parties. Neither party is solely or independently responsible for the preparation or form of this agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of either party.
SECTION 14. STATEMENT OF COMPLIANCE.
Within 30 days following any written request which either City or Developer may make from time to time, the otherwill sign and deliver to the requesting party a statement certifying that: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3)any other reasonable information requested. The failure to deliver such statement within such time is conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting party. The City Manager is authorized to execute any such statement.
SECTION 15. APPLICABLE LAW.
This Agreement will be construed and enforced in accordance with the laws of the State of California.
SECTION 16. SUPERSESSION OF SUBSEQUENT LAWS OF JUDICIAL ACTION.
The provisions of this Agreement will, to the extent feasible, be modified or suspended as may be necessary to comply with any new law or decision issued by a court of competent jurisdiction, enacted or made after the Effective Date which prevents or precludes compliance with one or more provisions of this Agreernent. lmmediately after enactment of any such new law, or issuance of such decision, the parties must meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement.
SECTION 17. COOPERATION IN THE EVENT OF LEGAL CHALLENGE. ln the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any Development Approval or any Future Development Approval, should any be obtained, the parties hereby agree to cooperate in defending said action or proceeding.
SMRH:4852-7639-0562. 1 6 -23-
SECTION 18. HOLD HARMLESS AGREEMENT.
Developer hereby agrees to, and must defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer's or Developer's contractors', subcontractors', agents or employees' operations under this Agreement, whether such negligent operations be by Developer or by any of Developer's contractors, subcontractors, agents or employees. The foregoing hold harmless provision does not apply to any claims, costs or liability arising from the negligence or willful misconduct of City or City's contractors, subcontractors, agents or employees.
SECTIONl9. INDEMNIFICATION.
Developer agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from City's approval of Project No. DA-21-01 this Agreement, and all procedures with approving this Agreement (collectively, "Discretionary Approvals") Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Discretionary Approvals, Developer agrees to defend City (at City's request and with counsel satisfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or othenrvise. For pLrrposes of this Section "City" includes the City of Monterey Park's elected officials, appointed officials, officers, and employees.
SECTION 20. LIMITATION OF LIABITITY.
ln no event will any present, past or future officer, director, shareholder, employee, partner, affiliate, manager, rnember, representative or agent of Developer or City (each, a "Related Party") have any personal liability, directly or indirectly, under this Agreement and recourse will not be available against any Related Party in connection with this Agreement or any other document or instrument heretofore or hereafter executed in connection with this Agreement.
SECTION 21. NOTIGES.
Any notice or communication required hereunder between City or Developer must be in writing, and may be given either personally or by registered mail, return-receipt requested, by overnight delivery, or by facsimile. Notice, whether given by registered mail personal or other permitted form of delivery, must be deemed to have been given and ieceived on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication must be given. Such notices or communications must be given to the parties at their addresses set forth below:
To CitY:
SMRH:4852-7639-0562.'l 6 -24-
With a copy to:
Karl H. Berger
City Attorney
To Developer:
Karrie On
Center Int'l lnvestments
501 W. Garvey Avenue, #207
Monterey Park, CA 91754
ka rrie@centerintl i nvestments - com
With a copy to:
Sheppard Mullin Richter & Hampton LLP
333 South Hope Street, 43rd Floor
Los Angeles, CA 90071
Attention: Alfred Fraijo Jr., Esq.
afra ijo@s heppa rdm u I I i n.com
SECTION 22. EXHIBITS.
22.01 Desiqnation of Exhibits. The reference to a specified Exhibit in this Agreement is a reference to a certain ong of the Exhibits listed below, as determined by the accompanying letter designation.
EXHIBIT DESIGNATION DESCRI
Exhibit "A" Project Site Legal Description
Exhibit "B" Development Plan
Exhibit "C"
Exhibit "D"
Residential Design Standards
Project and Plan B Schedule(s)
22.02 lncorporation bv Reference. All Exhibits are incorporated by reference into this Agreement.
SECTION23. SEVERABILITY.
lf any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.
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SECTION24. RECORDATION.
ln orderto complywith Section 65868.5 of the DevelopmentAgreement Legislation and Sectio n bi.qA of the MPMC, the parlies do hereby direct the City Clerk to cause a copy of this Agreement to be recorded with the County Recorder of the County of Los Angeles, within 10 days after passage by City of the ordinance approving this Agreement.
Amendments approved by the parties, and any cancellation or termination of this Agreement, will be similarly recorded.
SECTION 25. ENTIRE AGREEMENT.
Except for the Settlement Agreernent, this Agreement and the Exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. To the extent any term and condition of the Settlement Agreement conflicts with this Agreement, the Settlement Agreement will take precedence. Except as othenruise specified in this Agreement and the Exhibits hereto, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto.
SECTION26. GOUNTERPARTS.
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together constitutes one and the same instrument
SECTION2T. ELECTRONICSIGNATURES.
This Agreement 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.
SMRH:4852-7639-0562. 16 -26-
lN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above.
City of Monterey Park Willis Do, C.E.O
By
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APPROVED TO FORM:
City of
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*Notes: lf the Developer is a Corporation, then this document must be executed by the Corporation's Chief Executive Officer, President or Vice-President, on the one hand, and the Corporations' Qhief Financial Officer, Treasurer, Assistant Treasurer or Secretary on the other hand. Ddveloper's signature must be notarized.
SMRH:4852-76390562.1 6 -27-
t\.w.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES
on JULY 2L,202L before me, CRISTINA M GARCIA
(insert name and title of the officer)
personally appeared KARL H BERGER
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand official seal
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CRISTINA IA. CARCIA
Notary Public - California
Los Angeles Countv
Commission I Z3CSO|C
Comm. Expires Feb 19, 2025
Signature (Seal)
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COUNTY OF
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STATE OF California
COUNTY OF
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personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/heritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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SMRH:4852-7639-0562.1 6 -29-
EXHIBIT'A"
PROJECT SITE LEGAL DESCRIPTION
SMRH:4852-7639-0562. 1 6
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EXHIBIT "A''
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALTFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 1 OF TRACT NO. 34875, IN THE CIry OF MONTEREY PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 932, PAGES 16 TO 13 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 5254-002-031
EXHIBIT "8"
DEVELOPMENT PLAN
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EXHIBIT "B''
DEVELOPMENT PLAN
A. Permitted Uses
Si ngle-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 FloorArea 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 structi.rre.
F. Setbacks
Front: 10 feet
Rear: 25 feet
Side: 5 feet
G. Upper and Lower Site Retaining Walls Height, Finish, and Design Heiqht:
Lower Site Retaining Wall Maximum Height: 42Feet
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 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 Optton 2: Rock Finish (Sculpted and stained) Wall Finish Option 3: Quarry Finish (Score lines, acid etching, and/orsandblasted finish)
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 lndividual 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. l. Parking Drivewaywidth: 10 ft. minimum.
Lots 1-15:Three (3) Enclosed Parking Spaces Required.
Lot 16: Two (2) Enclosed Parking Spaces Required.
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 adaptability to existing soil and climatic conditions.
EXHIBIT "C''
RESIDENTIAL DESIGN STANDARDS
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EXHIBIT "C"
RESIDENTIAL DESIG N STANDARDS
A. Design Objectives and lntent
These Design Guidelines are provided to meet the intent of Chapter 21.36 Design Review in the MPMC by:
o Promoting the public health, safety, and generalwelfare 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.
Assuring compatibility in the permitted use and enjoyment of property within the Speciflc Plan Area and the surrounding area by defining Design Guidelines to protect the use, integrity, and character of the neighborhood and surrounding properties.
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B. Master Landscape Plan
The master landscape plan is provided in Figure 1: Master Landscape Plan
Figure 1: Master Landscape Plan
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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 2a-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.
Figure 2a: Conceptual Elevation
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EXHIBIT "D''
PROJECT AND PLAN B SCHEDULE(S)
SMRH:4852-7639-0562.1 6
Option 2(A) Timelincr
Resideatial Devclopment (Ptan A) with stope stabitization (plan B/82) updsred 06/01/20
O5/2?/2A - File Plan A Project Apptication with Ciry [CIt] Received 05nU2A - File Plan A vesring tentative map (Vl'M) application with City [Clt] Received (6/1) A5/29120 - Submit Specific Plan ro City [CIII Reccived
05129/20 - Screencheck ISIEIR subminsd to Ciry [CII] Received 05/29120 -NoP issued for 30-Day Review of Iniiial srudy fcity] Draft Received a6/2aza - city determination regarding project application completeness [city] 07/10120 - Submir Drafi EIR [CII]
07110/20 - Publish DEIR/Notice of Availability/Notice of Completion for Circulation (30 days) [CityJ 08/212A - Submit Final EIR with Draft EIR comments addressed [CII] 09128/20 - city staff approval of vrM/DA/Final ElR/speci fic pran [city] 10113120 - Planning Commission Hearing [Ciry]
11104120 - City Council hearing: fifst reading [Ciry]
,l/05n0 - If CtA Council denies Residential Development Project - Plan 82 Slope Stabiiization Mobil ization commences [CIVCity]
12rcA20- City Council hearing: second reading [City]
AUOZlzl - Ordinance Effective fCityl
AInSU - Florizontalpermis issued [City]
02/0421- Final Map Recorded fcity]
03/OU2l - Frile Writ Period Ends [City]
ffilA$lzl - Mobilize for Horizontat improvemcnts [CII]
04/05122 - If no gofar Residential Development Project: Plan 82 Slope Stabilizarion complete per City approved plan [CII]
09108/22- Stabilization complete for the overall Residential Development Project [CII]
ATTACHMENT 5
Copy of May 6, 2026, City Council
Staff Report (without attachments)
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:
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 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
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.
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
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
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
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.
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