1. Operating, managing, and maintaining the Solid Waste fill areas, including the placement, burying, and compaction of Solid Waste in the Refuse fill areas; stockpiling, placement, and compaction (if necessary) of Alternative Intermediate Cover, and final cover; management of fill operations with regard to fill sequencing, side slopes configuration, and working face location and configuration;
2. Providing, operating, and maintaining all equipment, rolling stock, and supplies necessary for operations, closure, post‐closure, and environmental monitoring; and
3. Operating, maintaining, and managing leachate and landfill gas management systems, groundwater monitoring and management systems, storm water drainage and control systems, treatment Facilities, buildings, on‐site roadways, utilities, and any other required Facility elements.
8.4 Weighing of Discarded Materials
A. Maintenance and Operation. This Section 8.4 of this Exhibit 8 applies to motor vehicle scales used at the Approved Facilities. Approved Facilities shall be equipped with one or more State‐certified motor vehicle scales in accordance with Applicable Law. Upon request, Franchisee shall arrange for Facility operator to provide documentary evidence of such scale certification within ten (10) days of City’s request during the Term. Licensed weigh master(s) shall operate those scales to weigh all inbound and outbound Collection vehicles Transporting Discarded Materials and all Transfer vehicles Transporting materials to another site. Franchisee shall arrange for Facility operator to provide City with access to weighing information at all times and copies thereof within three (3) Business Days following the City’s request. Exceptions to weighing requirements are specified in Section 8.4.G. of this Exhibit 8.
B. Vehicle Tare Weights for Approved Facility(ies). Within thirty (30) days prior to the Commencement Date, Franchisee shall coordinate with the Facility operator(s) to ensure that all Collection vehicles used by Franchisee to Transport Discarded Materials to December 9, 2025 8 ‐ 20 City of Santa Fe Springs
Approved Facilities are weighed to determine unloaded (“tare”) weights. Franchisee shall work with Facility operator(s) to electronically record the tare weight, identify vehicle as Franchisee’s, and provide a distinct vehicle identification number for each vehicle.
Franchisee shall provide the City with a report listing the vehicle tare weight information upon request. Franchisee shall promptly coordinate with Facility operator to weigh additional or replacement Collection vehicles prior to Franchisee placing them into service. Franchisee shall check tare weights at least annually, or within fourteen (14) days of a City request, and shall re‐tare vehicles immediately after any major maintenance service that could impact the weight of the vehicle by more than fifty (50) pounds.
C. Substitute Scales. If any scale at the Approved Facility is inoperable, being tested, or otherwise unavailable, Facility operator shall use reasonable business efforts to weigh vehicles on the remaining operating scale(s). To the extent that all the scales are inoperable, being tested, or otherwise unavailable, Facility operator shall substitute portable scales until the permanent scales are replaced or repaired. Facility operator shall arrange for any inoperable scale to be repaired as soon as possible.
D. Estimates. Pending substitution of portable scales or during power outages, Facility operator shall estimate the Tonnage of the Discarded Materials Transported to and accepted at the Approved Facilities by utilizing the arithmetic average of each vehicleʹs recorded Tons of Discarded Materials delivered on its preceding three (3) deliveries.
During any period of time the scales are out of service, Facility operator shall continue to record all information required by this Section 8.4 for each delivery of Discarded Materials to the Approved Facilities and each load of material Transferred to another Approved Facility(ies).
E. Weighing Standards and Procedures. At the Approved Facilities, Facility operator shall weigh and record inbound weights of all vehicles delivering Discarded Materials when the vehicles arrive at the Facility. In addition, Facility operator shall weigh and record outbound weights of vehicles for which Facility operator does not maintain tare weight information. Furthermore, Facility operator shall weigh and record outbound weights of all Transfer vehicles Transporting Discarded Materials from a Transfer Facility to another Approved Facility(ies) for Processing or Disposal.
F. Records. Facility operator shall maintain scale records and reports that provide information including date of receipt, inbound time, inbound and outbound weights (or tare weights) of vehicles, vehicle identification number, jurisdiction of origin of materials December 9, 2025 8 ‐ 20 City of Santa Fe Springs
delivered, type of material, company/hauler identification, and classification, type, weight, and final destination of Discarded Material if the Discarded Materials are Transferred to another Approved Facility(ies).
G. Exceptions to Weighing Requirements. If the Approved Facility does not have motor vehicle scales to weigh Franchisee’s vehicles and Discarded Materials delivered to the Facility, Franchisee shall obtain a receipt for delivery of the Discarded Materials that identifies the date and time of delivery, the type of material delivered, and the vehicle number. Franchisee or Facility operator shall estimate the Tonnage of material delivered for each load based on the volumetric capacity of the vehicle and material density factors (e.g., pounds per cubic yard) approved by or designated by the City.
H. Upon‐Request Reporting. If vehicle receiving and unloading operations are recorded on video cameras at the Approved Facilities, Franchisee shall make those videos available for City review during the Approved Facilities’ operating hours, upon request of the City, and shall provide the name of the driver of any particular load if available.
8.5 Rejection of Excluded Waste
A. Inspection. Franchisee will use standard industry practices to detect and reject Excluded Waste in a uniform and non‐discriminatory manner and will not knowingly accept Excluded Waste at the Approved Facility(ies). Franchisee will comply with the inspection procedure contained in its permit requirements. Franchisee will promptly modify that procedure to reflect any changes in permits or Applicable Law.
B. Excluded Waste Handling and Costs. Franchisee will arrange for or provide handling, Transportation, and delivery to a Recycling, incineration, or a Disposal Facility permitted in accordance with Applicable Law of all Excluded Waste detected at the Approved Facility(ies). Franchisee is solely responsible for making those arrangements or provisions and all costs thereof. Nothing in this Agreement will excuse the Franchisee from the responsibility of handling Excluded Wastes that Franchisee inadvertently accepts in a lawful manner and of arranging for the disposition of that Excluded Waste in accordance with Applicable Law.
8.6 Discarded Materials Evaluations at Approved Facilities A. General. Franchisee shall conduct the following “evaluations” at Approved Facilities:
1. Gray/Black Container Waste Evaluations. Waste evaluations of December 9, 2025 8 ‐ 20 City of Santa Fe Springs
Gray/BlackContainer Waste at the Approved Transfer Facility (if applicable) in accordance with 14 CCR Sections 18998.1(a)(3)(A) and 17409.5.7.
2. Organic Waste Recovery Efficiency Evaluations. Waste evaluations at Approved Transfer Facility (if applicable) or Approved Processing Facility(ies) in accordance with 14 CCR Sections 17409.5.1 to 17409.5.5.
3. Evaluation of Organic Waste in Residuals. Compliance evaluations of Organic Waste to determine the level of Organic Waste in materials sent for Disposal in accordance with 14 CCR Sections 17409.5.3, 17409.5.5, 17867 (Compost operations and Facilities), and 17896.44.1 (In‐vessel digestion operations and Facilities).
B. Record Keeping and Reporting. For the evaluations described above, Franchisee shall maintain all records and submit reports to CalRecycle as described in 14 CCR Division 7, Chapter 3, Article 6.3, as applicable. Franchisee shall report this information to the City on a monthly basis in accordance with Article 8.
C. Scheduling of Evaluations. Franchisee shall schedule evaluations during normal working hours. Franchisee shall provide City notice of its intent to conduct evaluations at the Approved Facility(ies) at least ten (10) working days in advance of the evaluations.
D. Observance of Study by City and/or CalRecycle. Franchisee acknowledges that, upon request, a representative of the City and/or CalRecycle may oversee its next scheduled quarterly sampling and evaluation of any of the evaluations described in Section 8.6.A of this Exhibit 8 conducted at the Approved Facility(ies).
December 9, 2025 9 ‐6
29 City of Santa Fe Springs
and Writing Papers as defined by SB 1383, 14 CCR Section 18982(a)].
EXHIBIT 9
COLLECTION SYSTEM OPTIONS
Three‐ or Four‐Container System (Blue, Green and/or Green and Brown, and Gray/Black Containers)
1A. General. Upon initiation of services under this Agreement, Franchisee shall provide a three‐Container Collection program for the separate Collection of Source Separated Recyclable Materials, Source Separated Blue Container Organic Waste, Source Separated Green Container Organic Waste, Organic Materials, and Gray/Black Container Waste as specified in this Section, using Containers that comply with the requirements of Section
4.7.4.1. 1B. Source Separated Recyclable Materials Collection (Blue Container). Franchisee shall provide Blue Containers to Customers for Collection of Source Separated Recyclable Materials. Franchisee shall Transport the Source Separated Recyclable Materials to (i) the Approved Source Separated Recyclable Materials Processing Facility, or (ii) the Approved Transfer Facility for Transfer and Transport to the Approved Source Separated Recyclable Materials Processing Facility, as specified in Exhibit 8.
Source Separated Recyclable Materials that are to be accepted for Collection in the Source Separated Recyclable Materials Collection program include the following:
The Parties agree
that the list of accepted types of Source Separated Recyclable Materials may be added to or removed from this list from time to time at the sole discretion of the City provided that in all cases Source Separated Blue Container Organic Waste (including Paper Products and Printing and Writing Papers as defined by SB 1383, 14 CCR Section 18982(a)) is included for Collection. Franchisee shall not add or remove materials to or from this list without written approval from the City or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. Prohibited Container Contaminants shall not be Collected in the Blue Containers.
1C. Source Separated Green Container Organic Waste Collection (Green Container) Option 1C.1: Collection Program for Source Separated Green Container Organic Waste (including Yard Waste and Food Waste) (Green Container) Upon initiation of services under this Agreement, Franchisee shall provide Green provided by successful bidder; such materials shall include Paper Products andPrinting [to be
December 9, 2025 9 ‐6
30 City of Santa Fe Springs
Containers to Customers for Source Separated Green Container Organic Waste Collection.
Franchisee shall Transport the Source Separated Green Container Organic Waste to (i) the Approved Organic Waste Processing Facility, or (ii) the Approved Transfer Facility for Transfer and Transport to the Approved Organic Waste Processing Facility, as specified in Exhibit 8.
Source Separated Green Container Organic Waste that are to be accepted for Collection in the Source Separated Green Container Organic Waste Collection program include the following: Food Scraps, Food‐Soiled Paper, Compostable Plastics, and Source Separated Green Container Organic Waste. The Parties agree that types of Source Separated Green Container Organic Waste may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the City. Franchisee shall not add or remove materials to or from this list without written approval from the City or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. Carpets, Non‐ Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected in the Green Containers.
Yard Waste that are to be accepted for Collection in the Source Separated Green Container Organic Waste Collection program include the following: [to be provided by successful bidder]. The Parties agree that accepted types of Yard Waste may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the City.
Franchisee shall not add or remove materials to or from this list without written approval from the City or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. Carpets, Non‐Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected in the Green Containers.
Franchisee may Collect Compostable Plastics in the Green Containers for Processing at the Approved Organic Waste Processing Facility. At least three (3) months prior to the commencement of the Collection of Compostable Plastics in the Source Separated Green Container Organic Waste program, Franchisee shall provide written notification to the City that the Facility can Process and recover these Compostable Plastics. Franchisee shall provide written notification to the City annually that the Facility has and will continue to have the capabilities to Process and recover the Compostable Plastics. Franchisee shall notify the City within five (5) business days of the Facility’s inability to accept Compostable Plastics. The notification shall include: a description of the reasons the Facility is no longer able to Process and recover Compostable Plastics; the period of time the Facility will not Process and recover Compostable Plastics; and, the Franchisee’s proposed plan to assist in education and outreach of Customers in the event that December 9, 2025 9 ‐6
31 City of Santa Fe Springs
Compostable Plastics are no longer accepted for Collection. Such changes shall be handled as a change in scope pursuant to Section 2.10.
Option 1C.2: Yard Waste Collection Program; Plan for Food Waste to be Separately Collected (Green Container and Brown Container)
Upon initiation of services under this Agreement, Franchisee shall provide Green Containers for Customers for Collection of Yard Waste. Franchisee shall Transport the Yard Waste to (i) the Approved Organic Waste Processing Facility, or (ii) the Approved Transfer Facility for Transfer and Transport to the Approved Organic Waste Processing Facility, as specified in Exhibit 8.
Yard Waste that are to be accepted for Collection in the Source Separated Green Container Organic Waste Collection program include the following: [to be provided by successful bidder]. The Parties agree that accepted types of Yard Waste may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the City.
Franchisee shall not add or remove materials to or from this list without written approval from the City or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. Carpets, Non‐Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected in the Green Containers.
Upon initiation of services under this Agreement, Franchisee shall implement a Food Waste Collection program for all Customers. Franchisee shall provide Brown Containers to Customers for Collection of Source Separated Food Waste. Franchisee shall Transport the Food Waste to (i) the Approved Organic Waste Processing Facility, or (ii) Approved Transfer Facility for Transfer and Transport to the Approved Organic Waste Processing Facility, as specified in Exhibit 8.
Franchisee may Collect Compostable Plastics in the Brown Containers for Processing at the Approved Organic Waste Processing Facility. At least three (3) months prior to the commencement of the Collection of Compostable Plastics in the Source Separated Green Container Organic Waste program, Franchisee shall provide written notification to the City that the Facility can Process and recover these Compostable Plastics.
Franchisee shall provide written notification to the City annually that the Facility has and will continue to have the capabilities to Process and recover the Compostable Plastics.
Franchisee shall notify the City within five (5) business days of the Facility’s inability to accept Compostable Plastics. The notification shall include: a description of the reasons the Facility is no longer able to Process and recover Compostable Plastics; the period of December 9, 2025 9 ‐6
32 City of Santa Fe Springs
time the Facility will not Process and recover Compostable Plastics; and, the Franchisee’s proposed plan to assist in education and outreach of Customers in the event that Compostable Plastics are no longer accepted for Collection. Such changes shall be handled as a change in scope pursuant to Section 2.10.
1D. Gray/Black Container Waste Collection (Gray/Black Container).
Franchisee shall provide Gray/Black Containers to Customers for Collection of Gray/Black Container Waste. Franchisee shall Transport the Gray/Black Container Waste to (i) the Approved Disposal Facility, or (ii) the Approved Transfer Facility for Transfer and Transport to the Approved Disposal Facility, as specified in Exhibit 8. Franchisee may allow carpets and textiles to be placed in the Gray/Black Containers. Prohibited Container Contaminants shall not be Collected in the Gray/Black Containers.
2. USE OF PLASTIC BAGS FOR SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE COLLECTION (APPLICABLE TO OPTION 1 OR 2 ABOVE) 2A. Option 1: Food Waste in Plastic Bags in the Green Containers Franchisee shall allow Customers and Generators to place Food Waste in plastic bags and put the bagged Food Waste in the Green Container. At least three (3) months prior to the commencement of the use of plastic bags for the Food Waste program, Franchisee shall provide written notification to the City that allowing the use of bags does not inhibit the ability of the City to comply with SB 1383, and that the Approved Organic Waste Processing Facility can Process and remove plastic bags when it recovers Source Separated Green Container Organic Waste. Annually, in accordance with Article 8, Franchisee shall provide written notification to the City that the Facility has and will continue to have the capabilities to Process and remove plastic bags when it recovers Source Separated Green Container Organic Waste. If, at any time during the Term of the Agreement, the Approved Organic Waste Processing Facility can no longer accept plastic bags, City may assess Liquidated Damages or deem such failure an event of default under Section 11.1. Franchisee shall notify the City within five (5) business days of the Facility’s inability to accept plastic bags.
The notification shall include: a description of the reasons the Facility is no longer able to Process and recover plastic bags; the period of time the Approved Facility will not Process and recover plastic bags; and, the Franchisee’s proposed plan to assist in education and outreach of Customers in the event that plastic bags are no longer accepted for Collection.
Such changes shall be handled as a change in scope pursuant to Section 2.10.
December 9, 2025 9 ‐6
33 City of Santa Fe Springs
2B. Option 2: Source Separated Green Container Organic Waste in Plastic Bags in the Green Containers
Franchisee shall allow Customers and Generators to place Source Separated Green Container Organic Waste in plastic bags and put the bagged Source Separated Green Container Organic Waste in the Green Container. At least three (3) months prior to the commencement of the use of plastic bags for the Source Separated Green Container Organic Waste program, Franchisee shall provide written notification to the City that allowing the use of bags does not inhibit the ability of the City to comply with SB 1383, and that the Approved Organic Waste Processing Facility can Process and remove plastic bags when it recovers Source Separated Green Container Organic Waste. Annually, in accordance with Article 8, Franchisee shall provide written notification to the City that the Facility has and will continue to have the capabilities to Process and remove the plastic bags when it recovers Source Separated Green Container Organic Waste. If, at any time during the Term of the Agreement, the Approved Organic Waste Processing Facility can no longer accept plastic bags, City may assess Liquidated Damages or deem such failure an event of default under Section 11.1. Franchisee shall notify the City within five (5) business days of the Facility’s inability to accept plastic bags. The notification shall include: a description of the reasons the Facility is no longer able to Process and recover plastic bags; the period of time the Approved Facility will not Process and recover plastic bags; and, the Franchisee’s proposed plan to assist in education and outreach of Customers in the event that plastic bags are no longer accepted for Collection. Such changes shall be handled as a change in scope pursuant to Section 2.10.
3. C&D Collection
Franchisee shall Collect C&D Materials from all Customers that subscribe to its C&D Collection services and Transport the C&D to (i) the Approved C&D Processing Facility, or (ii) the Approved Transfer Facility for Transfer and Transport to an Approved C&D Processing Facility. Franchisee shall provide C&D Collection and Processing services in accordance with this Agreement. Franchisee shall charge Customers for C&D Collection services at City‐approved Rates.
RESOLUTION NO. 9991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
FE SPRINGS GRANTING A COMMERCIAL PERMIT TO
UNIVERSAL WASTE SYSTEMS, INC. FOR COLLECTING AND
DISPOSING OF COMMERCIAL SOLID WASTE.
WHEREAS, the Legislature of the State of California, through enactment of the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.), authorized and required all local agencies to make adequate provisions for solid waste handling and services; and
WHEREAS, Public Resources Code Section 40059 authorizes cities to award permits for the collection of solid waste, and to determine the procedure by which such permits will be awarded; and
WHEREAS, California Public Resources Code Sections 40059 and 49300 authorize cities to award such permits by resolution; and WHEREAS, the City of Santa Fe Springs (“City”) requires commercial solid waste hauling services; and
WHEREAS, the City has adopted certain comprehensive provisions regarding the collection and disposal of solid waste and recyclables within the CITY, which are contained in Chapter 50 (Collection of Solid Waste and Recyclables) of the Santa Fe Springs Municipal Code (“SFSMC” or “Municipal Code”); and WHEREAS, Chapter 50 of the SFSMC provides the means by which the City may grant a “Commercial Permit” for the collection of “Commercial Solid Waste” as defined by Section 50.001; and
WHEREAS, Section 50.021 of the SFSMC authorizes the City Council to consider and grant permits for solid waste collection; and
WHEREAS, the City is allowed to issue up to four permits for the collection of solid waste pursuant to Section 50.025(A) of the SFSMC; and
WHEREAS, the City Manager and Public Works staff have determined Universal Waste Hauling, Inc. (“UWS”) is qualified to comply with the requirements of Chapter 50 of the SFSMC and capable of meeting public health, safety and welfare standards; and WHEREAS, the City Council has determined that issuing a Commercial Permit to UWS will allow the City to comply with its obligations under state and local laws; and WHEREAS, the City Council further desires to issue a Commercial Permit to UWS for an initial term of 5 years.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE
SPRINGS DOES HEREBY FIND, DETERMINE, DECLARE, AND RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are incorporated herein in full.
SECTION 2. The City hereby grants UWS a Commercial Permit, authorizing UWS to provide commercial solid waste collection within the City.
SECTION 3. The Commercial Solid Waste Collection Franchise Agreement (“Agreement”) attached to this resolution as Exhibit “1” and incorporated by this reference, is hereby approved and the City Manager is hereby authorized to execute the Agreement on behalf of the City.
SECTION 4. The adoption of this resolution is exempt from the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) pursuant to CEQA Guidelines Section 15060(c)(2) and 15061(b)(3) (Common Sense Exemption), which indicates that CEQA only applies to projects that have a “significant effect on the environment” as defined by Public Resources Code Section 21068 and CEQA Guidelines Section 15382. Therefore, no further action is required under CEQA.
SECTION 5. If any section, subsection, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause, and phrase hereof, would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any single section subsection, sentence, clause, or phrases be declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify the passage and adoption of this Resolution and cause the same to be published or posed in the manner required by law.
SECTION 7. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall attest to and certify the vote adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 9th day of December, 2025 by the City Council of Santa Fe Springs.
_______________________________
William K. Rounds, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ ________________________________ Rick Olivarez, City Attorney Fernando N. Muñoz, City Clerk I, Fernando N. Muñoz, City Clerk of the City of Santa Fe Springs, hereby CERTIFY that Resolution No. 9991 was adopted by the City Council of Santa Fe Springs at a regular meeting held on 9th of December, 2025 and was passed, approved and adopted by the following vote:
AYES: ______
NOES: ______
ABSENT: _____
ABSTAIN: _____
____________________________________
Fernando N. Muñoz, City Clerk
1 2026
COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT
(FRANCHISEE: Universal Waste Systems, Inc.)
(Nature of Engagement: Commercial Waste Hauling)
THIS COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT (hereinafter, “Agreement”) is granted this ___________ day of _________________ 2026 (hereinafter, the “Effective Date”), by the CITY OF SANTA FE SPRINGS, a municipal corporation (hereinafter, “CITY”) to UNIVERSAL WASTE SYSTEMS, INC. (hereinafter, “FRANCHISEE”). For the purposes of this Agreement, CITY and FRANCHISEE may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or FRANCHISEE interchangeably.
RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY has adopted certain comprehensive provisions regarding the collection and disposal of solid waste and recyclables within the CITY, which are contained in Chapter 50 (Collection of Solid Waste and Recyclables) of the Santa Fe Springs Municipal Code (“SFSMC” or “Municipal Code”); and WHEREAS, Chapter 50 of the Municipal Code provides the means by which the CITY may grant a “Commercial Franchise” for the collection of “Commercial Solid Waste” as defined by Section 50.001; and
WHEREAS, CITY staff has determined that FRANCHISEE possess the skills, experience, and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, CITY desires to issue a Commercial Franchise to FRANCHISEE for a term of five (5) years while the Parties evaluate long-term commercial solid waste service needs; and
WHEREAS, the execution of this Agreement was approved by the Santa Fe Springs City Council at its Special Meeting of December 9, 2025.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and FRANCHISEE agree as follows:
SECTION 1. RECITALS
A. The Recitals above are true and correct and are incorporated in full, herein.
SECTION 2. SCOPE OF WORK.
A. The provisions of Chapter 50 of the SFSMC, as amended from time to time, are hereby incorporated into this Agreement by reference. FRANCHISEE shall comply EXHIBIT 1
2 fully with all requirements of Chapter 50 and all other applicable provisions of the Municipal Code. In the event of any conflict between this Agreement and any requirement of Chapter 50, the terms and requirements of Chapter 50 shall control.
B. For purposes of this Agreement, the duties and obligations applicable to Commercial Solid Waste collection under Chapter 50 of the Municipal Code shall be collectively referred to as the “Work.”
C. FRANCHISEE is hereby authorized under this Agreement to collect Commercial Solid Waste from Commercial Property located within the CITY in the area shown in the map in Exhibit “A” and shall invoice customers directly and be solely responsible for collections. FRANCHISEE shall be solely responsible for soliciting customers in competition with other permitted commercial haulers and the CITY makes no guarantees relating to any minimum number of customers.
D. FRANCHISEE shall provide all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the Work. FRANCHISEE shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.
E. By executing this Agreement, FRANCHISEE warrants that FRANCHISEE: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
FRANCHISEE warrants that it will inspect any location where the Work is to be performed and acquaint itself with the conditions of the location prior to commencing any of the Work requested by CITY. Should the FRANCHISEE discover any latent or unknown conditions which will materially affect the performance of the services hereunder, FRANCHISEE shall immediately inform the CITY of such fact and shall not proceed, except at FRANCHISEE’s risk until written instructions are received from the City Representative as defined herein.
F. In the event FRANCHISEE fails to perform the Work agreed to under this Agreement or Chapter 50 of the Municipal Code, the CITY may suspend FRANCHISEE’s right to collect pursuant to Section 50.036 of the Municipal Code.
Upon suspension, FRANCHISEE shall immediately cease all collection activities within the CITY. FRANCHISEE shall be entitled to appeal any suspension to the City Council in accordance with Section 50.037. If the City Council permanently revokes this Agreement, FRANCHISEE shall discontinue all services within the timeframes established by SFSMC Section 50.037, or within six months or until the end of the term of this Agreement, whichever is sooner.
G. City Facilities Collection
1. FRANCHISEE shall provide Solid Waste, Source Separated Recyclable Materials, Source Separated Blue Container Organic Waste, and Source Separated Green Container Organic Waste Collection, and Disposal/Processing service for materials generated at premises owned 3 and/or operated by CITY, now and in the future, at no additional charge to CITY or ratepayers. FRANCHISEE shall make Collections from Containers Monday through Friday or on Saturdays following non‐working holidays.
Collections shall be scheduled at a time mutually agreed upon by the Parties.
2. FRANCHISEE shall provide, at CITY’s direction, Solid Waste Collection, Transport, Disposal, Processing, and consulting services entailing:
i. Collection of Solid Waste from all CITY facilities and parks at least once per week or more frequently if required or requested by CITY staff;
ii. Collection of Source Separated Organic Waste and Source Separated Recyclable Materials from CITY facilities and parks; iii. Roll‐off Box or Container services to CITY for material Collected by the CITY such as CITY litter Containers and Organics;
iv. Provide and Collect two (2) 40‐yard Roll‐off Box at the CITY Yard for the Collection of Refuse, as needed. Provide at CITY’s Request a Low Boy Roll-off Box for CITY generated Construction and Demolition Debris (C&D) waste. Collection of Roll-off Boxes at least once per week or more frequently if required or requested by CITY staff.
SECTION 3. TERM.
A. This Agreement shall have a term commencing from the Effective Date through December 31, 2030 (hereinafter, the “Term”). The Term shall not be extended for any reason, and no renewal or continuation rights are granted or implied.
B. Upon the conclusion of the Term, this Agreement shall expire, and either the Parties will have entered into a new, separately approved franchise agreement, or FRANCHISEE’s commercial services within the CITY shall cease.
C. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to suspend or revoke this Agreement at any time for cause or in accordance with Section 50 of the Municipal Code.
D. FRANCHISEE shall perform the Work continuously and with due diligence.
FRANCHISEE shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, subcontractors, or agents.
E. FRANCHISEE shall not claim or be entitled to receive any compensation or damage because of the failure of FRANCHISEE, or its subcontractors, to have related services or tasks completed in a timely manner.
F. FRANCHISEE shall at all times enforce strict discipline and good order among FRANCHISEE’s employees.
G. FRANCHISEE, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
4 SECTION 4. PROSECUTION OF WORK.
A. FRANCHISEE shall perform the Work contemplated under this Agreement and the Municipal Code on a continuous, scheduled, and an as needed basis. Nothing in this Agreement shall be construed to grant FRANCHISEE the exclusive right to perform any of the types of services or tasks contemplated under this Agreement.
B. FRANCHISEE shall perform the Work required under this Agreement by providing continuous commercial solid waste collection services.
SECTION 5. FEES.
A. FRANCHISE FEE
FRANCHISEE shall pay to CITY a Franchise Fee, as defined by and in accordance with Chapter 50 of the SFSMC. FRANCHISEE shall pay to CITY the existing Franchise Fee in the amount of twelve percent (12%) of gross receipts derived from Franchisee’s commercial solid waste collection services within the CITY.
Franchisee shall submit such payment on a quarterly basis concurrent with Franchisee’s required tonnage report, together with an accounting worksheet identifying the amount, if any, of delinquent customer accounts. The Franchise Fee reflects the Parties’ negotiation and represents the Parties’ estimate of reasonable value of the commercial franchise rights granted herein pursuant to Chapter 50 of the SFSMC. FRANCHISEE shall perform all the Work in accordance with the Fee rates set forth in the rate schedule, attached hereto as Exhibit “B.” CITY may adjust the amount of the Franchise Fee annually, with fee increases permitted only to the extent such an increase can be included in the previously approved rates.
Subject to meeting the provisions of Proposition 218, such adjustment shall be reflected in the rates that FRANCHISEE is allowed to charge and collect from commercial customers.
B. AB 939 COMPLIANCE FEES
FRANCHISEE shall pay to CITY an Assembly Bill (“AB”) 939 fee equal to twelve percent (12%) of gross receipts derived from Franchisee’s commercial solid waste collection services within the CITY. The AB 939 Fee shall be paid on a quarterly basis at the same time FRANCHISEE submits its quarterly tonnage report and Franchise Fee payment.
SECTION 6. STANDARD OF CARE.
A. FRANCHISEE represents, acknowledges, and agrees as follows:
1. FRANCHISEE shall perform all work skillfully, competently, and to the highest standards applicable to the FRANCHISEE’s field;
2. FRANCHISEE represents all personnel assigned to perform the Work for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Work and shall at all times possess and maintain all licenses, certifications, and/or qualifications necessary to perform the Work;
5 3. FRANCHISEE shall perform all work in a manner reasonably satisfactory to the CITY;
4. FRANCHISEE shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, the conflict of interest provisions of Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq.), and Senate Bill (“SB”) 1383. FRANCHISEE’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements;
5. FRANCHISEE understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
6. In the performance of this Agreement, FRANCHISEE shall supply and deploy personnel, equipment, tools, and materials necessary, in the reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and to timely complete all Work as specified by this Agreement or Chapter 50 of the Municipal Code, or other written order;
7. All of FRANCHISEE’s employees and agents (including but not limited to FRANCHISEE’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and
8. FRANCHISEE shall perform, at FRANCHISEE’s sole cost and expense, any tasks necessary to correct any errors or omissions caused by FRANCHISEE’s failure to comply with the standard of care set forth in this Section or by any like failure on the part of FRANCHISEE’s employees, agents, contractors, subcontractors and subconsultants. Such effort by FRANCHISEE to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed in the corresponding timeframe contemplated under Chapter 50 of the Municipal Code.
B. The Parties acknowledge and agree that FRANCHISEE shall perform, at FRANCHISEE’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by FRANCHISEE’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of FRANCHISEE’s employees, agents, FRANCHISEEs, subcontractors and subconsultants. Such effort by FRANCHISEE to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed in the corresponding timeframe contemplated under Chapter 50 of the Municipal Code from the date of discovery. The Parties acknowledge and agree that FRANCHISEE’s acceptance 6 of any work performed by FRANCHISEE or on FRANCHISEE’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that FRANCHISEE has relied upon the foregoing representations of FRANCHISEE, including but not limited to the representation that FRANCHISEE possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.
SECTION 7. REPRESENTATIVES.
A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be James Enriquez, Director of Public Works (hereinafter, the “City Representative”). It shall be FRANCHISEE’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and FRANCHISEE shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.
B. FRANCHISEE Representative. For the purposes of this Agreement, Matt Blackburn, is hereby designated as the principal and representative of FRANCHISEE authorized to act on its behalf with respect to FRANCHISEE’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “FRANCHISEE Representative”). Notice to the FRANCHISEE Representative whether written or verbal shall constitute notice to FRANCHISEE. The FRANCHISEE’s Representative shall supervise and direct the Work, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 8. FRANCHISEE’S PERSONNEL.
A. FRANCHISEE represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for FRANCHISEE to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under FRANCHISEE’s supervision, and FRANCHISEE’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services, and tasks.
B. FRANCHISEE shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.
FRANCHISEE shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the FRANCHISEE’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against 7 CITY hereunder.
C. FRANCHISEE shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by FRANCHISEE to perform services pursuant to this Agreement, FRANCHISEE shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
E. FRANCHISEE shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
F. FRANCHISEE shall obtain and maintain during the Agreement Term all necessary licenses, permits, and certificates required by law for the performance of the Work contemplated under this Agreement.
SECTION 9. SUBSTITUTION OF KEY PERSONNEL. FRANCHISEE has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, FRANCHISEE may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and FRANCHISEE cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the FRANCHISEE at the request of the CITY.
SECTION 10. PROHIBITED INTERESTS. FRANCHISEE warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for FRANCHISEE, to solicit or secure this Agreement.
Further, FRANCHISEE warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for FRANCHISEE, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
SECTION 11. INDEPENDENT CONTRACTOR.
A. All acts of FRANCHISEE, its agents, officers, subcontractors, employees, and all others acting on behalf of FRANCHISEE relating to the performance of this Agreement, shall be performed as independent FRANCHISEEs and not as agents, 8 officers, or employees of CITY. FRANCHISEE, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. FRANCHISEE has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of FRANCHISEE. It is understood by both FRANCHISEE and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.
B. FRANCHISEE, its agents, officers, subcontractors, and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
C. FRANCHISEE shall determine the method, details and means of performing the Work. FRANCHISEE shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the FRANCHISEE in fulfillment of this Agreement.
FRANCHISEE has control over the manner and means of performing the services under this Agreement. FRANCHISEE is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, FRANCHISEE has the responsibility for employing other persons or firms to assist FRANCHISEE in fulfilling the terms and obligations under this Agreement.
D. If in the performance of this Agreement any third persons are employed by FRANCHISEE, such persons shall be entirely and exclusively under the direction, supervision, and control of FRANCHISEE. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the FRANCHISEE.
E. It is understood and agreed that as an independent FRANCHISEE and not an employee of CITY neither the FRANCHISEE nor FRANCHISEE'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
F. As an independent contractor, FRANCHISEE hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
SECTION 12. CONFLICTS OF INTEREST. FRANCHISEE hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with FRANCHISEE in connection with this project. FRANCHISEE hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law, or federal statute. 9 FRANCHISEE agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that FRANCHISEE executes in connection with the performance of this Agreement.
SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, FRANCHISEE and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.
FRANCHISEE and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. FRANCHISEE and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. FRANCHISEE and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This FRANCHISEE shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.
SECTION 14. INDEMNIFICATION.
A. To the fullest extent permitted by law, FRANCHISEE hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of FRANCHISEE or any of FRANCHISEE’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by FRANCHISEE and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision. FRANCHISEE shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument 10 shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code Section 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code Section 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
FRANCHISEE, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
B. FRANCHISEE’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
FRANCHISEE expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
C. FRANCHISEE agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of FRANCHISEE in the performance of this Agreement. In the event FRANCHISEE fails to obtain such indemnity obligations for the benefit of CITY, FRANCHISEE agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of FRANCHISEE or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of FRANCHISEE in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
D. CITY does not and shall not; waive any rights that it may possess against FRANCHISEE because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense. FRANCHISEE agrees that FRANCHISEE’s covenant under this Section shall survive the termination of this Agreement.
E. FRANCHISEE shall fully comply with the workers’ compensation laws regarding FRANCHISEE and FRANCHISEE’s employees. FRANCHISEE further agrees to indemnify and hold CITY harmless from any failure of FRANCHISEE to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to FRANCHISEE under this Agreement any 11 amount due to CITY from FRANCHISEE as a result of FRANCHISEE’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
SECTION 15. INSURANCE.
A. FRANCHISEE at all times during the Term of this Agreement, shall carry, maintain, and keep in full force and effect, insurance as follows:
1. General Liability Insurance. FRANCHISEE shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
2. Automobile Liability Insurance. FRANCHISEE shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the FRANCHISEE arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than Five Million Dollars ($5,000,000) combined single limit for each accident.
3. Worker’s Compensation Insurance. A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both FRANCHISEE and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by FRANCHISEE in the course of carrying out the Work contemplated in this Agreement, but in no event shall FRANCHISEE carry coverage with limits less than One Million Dollars ($1,000,000).
4. Umbrella or Excess Liability Insurance. FRANCHISEE shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
a. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
b. “Pay on behalf of” wording as opposed to “reimbursement”; and c. Concurrency of effective dates with primary policies.
Should FRANCHISEE obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that 12 the excess liability policy follows the terms and conditions of the underlying policies.
B. FRANCHISEE shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
D. FRANCHISEE agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately suspend this Agreement using the procedures provided in Chapter 50 of the SFSMC, subject to revocation, or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at FRANCHISEE’S expense, the premium thereon.
E. Prior to commencement of Work under this Agreement, FRANCHISEE shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
F. FRANCHISEE shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.
FRANCHISEE agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
I. All insurance coverage provided pursuant to this Agreement shall not prohibit FRANCHISEE, and FRANCHISEE’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. FRANCHISEE hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers. FRANCHISEE shall submit to CITY a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
13 J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, FRANCHISEE shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or FRANCHISEE shall procure a bond guaranteeing payment of losses and expenses.
K. If FRANCHISEE is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
L. Procurement of insurance by FRANCHISEE shall not be construed as a limitation of FRANCHISEE’s liability or as full performance of FRANCHISEE’s duties to indemnify, hold harmless and defend under Section 14 of this Agreement.
M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by FRANCHISEE or CITY will withhold amounts sufficient to pay premium from FRANCHISEE payments. In the alternative, CITY may cancel this Agreement effective upon notice.
N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SECTION 16. RECORDS AND INSPECTION. FRANCHISEE shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
SECTION 17. TERMINATION.
A. Termination for Cause. The unexcused failure or refusal of FRANCHISEE to perform any material term, covenant, obligation, or condition contained in this Agreement or SFSMC, shall give rise to the right, in favor of CITY, for earlier termination of this Agreement for cause in accordance with the procedures in Chapter 50 of the SFSMC.
1. FRANCHISEE’s failure to comply with any requirement of this Agreement or Chapter 50 of the Santa Fe Springs Municipal Code shall constitute grounds for suspension or revocation. Suspension and revocation shall be governed by SFSMC Sections 50.036 and 50.037.
2. Upon suspension under SFSMC Section 50.036, FRANCHISEE shall 14 immediately cease all collection activities unless and until reinstated.
FRANCHISEE may appeal any suspension or proposed revocation of the Agreement to the City Council, in accordance with SFSMC Section 50.038.
B. Termination for Convenience. FRANCHISEE may terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice signed a minimum of 6 months prior to the termination date. Such termination for convenience shall be made in writing signed by both parties.
C. FRANCHISEE shall have no entitlement to any continuation, wind-down period, cure period, damages, or remedies upon early termination, other than those expressly provided in Chapter 50 of the SFSMC. If the City Council permanently revokes this Agreement pursuant to Section 50.037, FRANCHISEE shall cease operations within the timeframes set forth in Section 50.037: six (6) months to cease permanent commercial services, or until the end of the Term, whichever is sooner. The decision of the City Council shall be final.
D. Waiver. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
SECTION 18. FORCE MAJEURE. FRANCHISEE’s obligations to timely perform Work as contemplated under this Agreement and pursuant to Chapter 50 of the SFSMC shall be extended in the event of any delays due to unforeseeable causes beyond the control of FRANCHISEE and without the fault or negligence of FRANCHISEE, including but not limited to severe weather, fires, earthquakes, floods, epidemics, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the FRANCHISEE shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall FRANCHISEE be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, FRANCHISEE’S sole remedy being extension of the Agreement pursuant to this Section.
SECTION 19. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during FRANCHISEE’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
TO CITY: TO FRANCHISEE:
15 City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attn: Public Works
Phone: 562-868-0511
Courtesy Copy to:
Olivarez Madruga Law Organization,
LLP
Attn: Paloma McEvoy
500. S Grand Ave., 12th Floor
Los Angeles, CA 90071
Phone: (213) 744-0099
Universal Waste Systems, Inc.
9016 Norwalk Boulevard
Santa Fe Springs, CA 90670
Attn: Matt Blackburn
Phone: (909) 859-5731
SECTION 20. PROHIBITION. Pursuant to Section 50.035 of the SFSMC, FRANCHISEE shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part. Any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than FRANCHISEE.
SECTION 21. ATTORNEY FEES. In the event that CITY or FRANCHISEE commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.
SECTION 22. INTEGRATION. All documents referenced as exhibits in this Agreement and the SFSMC, inclusive of the provisions of Chapter 50, are hereby incorporated in this Agreement. Except as expressly provided in this Agreement, its Exhibits, or SFSMC, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the most restrictive provisions shall prevail and control. This instrument contains the entire Agreement between CITY and FRANCHISEE with respect to the subject matter herein.
No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and FRANCHISEE.
SECTION 23. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
SECTION 24. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
SECTION 25. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no 16 way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
SECTION 26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
SECTION 27. AUTHORITY. The individuals executing this Agreement and the instruments referenced herein on behalf of FRANCHISEE each represent and warrant that they have the legal power, right and actual authority to bind FRANCHISEE to the terms and conditions hereof and thereof.
SECTION 28. ELECTRONIC SIGNATURES. The parties acknowledge and agree that execution of this Agreement by electronic signature or electronic transmittal of signatures shall have the same effect as handwritten signatures for the purposes of validity, enforceability, and admissibility.
[SIGNATURES ON FOLLOWING PAGES]
17 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF SANTA FE SPRINGS, a
municipal corporation
By:
Rene Bobadilla
City Manager
Date: _____
Universal Waste Systems, Inc.
By: ______________________________
Name: Matt Blackburn_______________
Title:_____________________________
Date: ___________
APPROVED AS TO FORM:
By:________________________
Rick Olivarez
City Attorney
Date: ____
18 EXHIBIT “A”
SERVICE AREA MAP
GRIDLEY RD
QUINN ST
KINGHORN ST
BUELL ST
MULLER ST
AV
DARCY ST
OTTO ST
FW
MAIDSTONE
ALLARD BLOOMFIELD
BEATY
RAINIER AV
SUNNYSIDE PL
CECILIA ST
MONDON AV LAKE HATHAWAY PARK LN
CENTER FOREST FULTON WELLS AV ORR AND DAY RD SPRINGDALE
DON MON
EMMENS WY FOREST PL KOONTZ AV BLOOMFIELD AV
RD NORWALK AV
FLORENCE AV
SANTA ANA
AV ST
AV AV
SUNDANCE
VIRGINIA AV LAUREL AV CARMENITA RD
DARCY ST
GLENWORTH
PARKMEAD ST
GARETAL ST
DUNNING ST
IDALENE ST
ELGRACE ST
ELKHURST ST
JOSLIN ST HARVEST AV
SAN GRIDLEY RD
DAVENRICH ST SUMMER AV
JOSLIN ST
DAVENRICH ST
DAVENRICH ST
FY
CEDARDALE DR
GABRIEL RIVER
SANTA
FY ANA
ELGRACE ST
MILANO
AV GARD AV
BUELL ST
JERSEY FLALLON MAIDSTONE AV ROSETON ROSETON AV
AV
RINGWOOD AV CORBY AV
RINGWOOD AV
CLARKMAN ST LONGWORTH AV CLARKMAN ST
(RTE 5)
IDALENE ST
GLENWORTH
PARKMEAD ST
GARETAL ST
ALBURTIS AV
JERSEY AVFLALLON ROSETONGARD AV
ELKHURST
DUNNING ST
ST
ST
S P AV
SLUSHER DR MATERN DR MORA DR
CLARK ST
CISNEROS LN GEARY AV
TELEGRAPH RD
MATERN PL
HERITAGE PARK DR
ONTIVEROS
PL
HAWKINS DR
CLARK ST BLOOMFIELD AV PALM DRSCRIBNER AV
TRUMBALL CARMENITA
LAUREL AV
TRUMBALL ST
CEDARDALE DR
BARTON RD
TELEGRAPH RD
HATHAWAY
S P R R
BARTLEY HARVEST AV BARTLEY AV
HOLLYHOCK
SYRINGA ST
CR
ASPEN ASPEN
CEDARDALE
BRADWELL
DR
LONGWORTH
FLOSSMOOR
PROMENADE
SAN GABRIEL RIVER
FY
RD
LA DOCENA LN
SUNGLOW
TERRADELL ST
ST NOVA ST
ST ROMA
ST
SMITH
WILLAKE
HAMDEN PL
ALBURTIS AV
JERSEY AV
HOUGHTON WILLINS ST
CLAYMORE
WILLAKE ST
WHITELAND
ST
NOVA HOUGHTON AV
ARLEE
TERRADELL ST ARLEE AV
ST HAMDEN
ROMA
RD
TELEGRAPH RD
DR
ALLEY
ORR AND DAY
AV
JOHN
CR
PIKE ST
PACIFIC ST JORDAN
JORDAN CR
MC CANN DR TABOR PL NORWALK BL
BELL RANCH DR BELL RANCH DR GEARY AV SMITH
LOS NIETOS RD
ANN ST ANN
ST
DU PAGE AV
BLUFORD
BRIGHT REIS ST
CLOSE ST
RD CORNISHCREST RD
GREENLEAF AV
SANTA FE SPRINGS RD
LOS NIETOS RD
WALTHALL
AMSDELL AV REIS
RACIMO
WALBURG ST
CR
WALTHALL
RACIMO DR DU PAGE JODY
WALBURG ST
BARTON
AV
AV
TERRADELL ST
MAXINE ST DANBY
CHARLESWORTH
LOS NIETOS CULTURA ST
BLUEJAY LN
BROADED ST
MERSIN PL
NAVOJOA PL
PLACITA PL
AV SIBERT ST
SHADE
VICKI DR
FLALLON AV
CORBYAV
HOMESTEAD ST
BLUEJAY LN
FREDSON ST
MILLERGROVE DR
AV
PIONEER BV
ROXABEL
ST
HOUGHTON
BARTLEY AV
FY
PIKE ST
DECOSTA
BURKE ST
ALTAMARPL
DICE
BURKE ST
WALNUTST SKABO AV
RD
WALNUT ST
BURKE ST
PERKINS AV S P
SHORT ST
LOS NIETOS
ALTAMAR PL
MULBERRY AV CHETLE
ST
ST
SORENSEN AV
ANN
BAKER PL
S P R R
BEASON DR
SHREVE
BUSCH PL AV
ALONDRA BL RD CLANTON
BL WY
(RTE 5)
SOUTH
CITY OF SANTA FE SPRINGS
ARCTIC
MOLETTE
ST
FREEWAY DR
ST EXCELSIOR DR SHOEMAKER
ST
CR FREEWAY FIRESTONE BL
EXCELSIOR DR
CR PL RADIUS SPRING AV
MARQUARDT AV
ARCTIC
FIRESTONE BL
(RTE 5)
FIRESTONE BLOOMFIELD AV CORNET DARTMOOR
HIGHDALE ST
AV
ROSECRANS SHOEMAKER AV MARYTON AV DINARD AV
MCLAREN
LIGGETT ST
MARYTON
GRACEBEE
PAINTER
DINARD
(RTE 5) AV
ST
BO
ATE ST
MILROY PL
TALC ST
PONTLAVOY AV
R
PUMICE AV BEST
AV MARQUARDT RDRAMSEY DR SPRING CARMENITA AV
FIDEL
SANTA ANA
FIRESTONE
CAMBRIDGE
FOSTER
BORA DR
RATLIFFE
MUROC RAMSEY
LARWIN
DILWORTH
LARWIN CR LARWIN
CR
ST
HY AV
ORDEN DR LEFFINGWELL AV
MILLER AV
RD SHOEMAKER AV
ADLER DR
DR
HY
SPLENDORA FIDEL
IMPERIAL GREENSTONE AV
SUNSHINE
IMPERIAL
RAMSEY ADOREE ST
PLACID DR AV FREEWAY DR
ALONDRA AV
BL SANTA ANA AV
GANNET
MICA ST
BONAVISTA AV VALLEY VIEW
BORA
RADBURN AV
BORATE ST
ALCALA
PLUME
STAGE RD
ANSON AV ISELI RD
ROSECRANS VALLEY VIEW ANSON AV EL MORO AV
DE
DUFFIELD AV
FIRESTONE
DR
BL
FREEWAY DUFFIELD MANSA DUFFIELD
POINCIANA ST WHEELOCK
MILLERGROVE
BRADWELL AV
DANBY MILNA AV
MORRILL
VICKI
FLALLON
ALBURTIS
PIONEER BL RIVERA RD
MILLERGROVE
WESTMAN
ALLPORT
WESTMAN ST RD
VERBECK
WADDELL ST
NAN ST
LOCHINVAR
DISNEY AV
LINS AV
AV
FREESTONE AV
GRETNA AV
BROADWAY
BOER FLALLON AV
DICE
NORWALK WASHINGTON NORWALK
AV
RIDGEVIEW
APPLEDALE GREYFORD ST AV
WAKEMAN ST
RIVERA
CHETLE
WASHINGTON BLVD
SECURA WY
SECURA WY
WELLSFORD PL
SORENSEN
SLAUSON AV
GREYFORD ST CHATFIELD
AV
VANPORT
DUCHESS
BROADWAY
VICKI DR
VICKI PAINTER
MEYER
LADANA CT SHOEMAKER AV GREENSTONE AV AV
LAKELAND RD
RD LOCKPORT PL
FLORENCE
PATTERSON PL
SANDOVAL ST
ROMANDEL
RD AV FREEMAN SHOEMAKER AV
AV
PAINTER MURRAY
PARK ST
SANDOVAL ST
FLORES ST
PARK ST
BARTON RD
ROMANDEL AV
MORRILL
BUELL ST
PARK AV
CARMENITA
LAKELAND RD
HERITAGE SPRINGS DR
GARDEN PARKWAY
VILLAGES DRIVE
BOXWOOD TERRACE
PIONEER BV
CITY OF SANTA FE SPRINGS
CITY OF SANTA FE SPRINGS
CITY OF SANTA FE SPRINGS
ROSECRANS AV
ROSECRANS AV
city of whittier
la county
city of pico rivera
city of norwalk
city of cerritoS city of la mirada la county city of downey 19 EXHIBIT “B”
RATE SCHEDULE
Current Waste Collection Rates
As of, JANUARY 1, 2024
SCHEDULE OF SOLID WASTE COLLECTION RATES
Commercial / Industrail
(2.4% CPI)
96 GAL CART 1 CU. YD. BIN 2 CU. YD. BIN 3 CU. YD. BIN 4 CU. YD. BIN 6 CU. YD. BIN ----------------------- ----------------------- ----------------------- ---------------------- ----------------------- -----------------------
MIN MAX MIN MAX MIN MAX MIN MAX MIN MAX MIN MAX
1 X WEEK $99.30 $123.51 $ 198.05 $ 247.55 $ 250.66 $ 313.29 $ 303.35 $ 379.22 $ 356.04 $ 445.10 $ 460.80 $ 576.00 2 X WEEK $ 329.78 $ 412.27 $ 409.00 $ 511.24 $ 488.11 $ 610.16 $ 566.79 $ 709.04 $ 706.84 $ 883.58 3 X WEEK $ 445.16 $ 577.27 $ 567.30 $ 709.22 $ 372.84 $ 841.03 $ 778.41 $ 972.94 $ 952.92 $ 1,190.98 4 X WEEK $ 593.01 $ 714.39 $ 725.47 $ 906.92 $ 857.60 $ 1,071.99 $ 989.68 $ 1,238.17 $ 1,198.95 $ 1,499.39 5 X WEEK 725.54$ 906.92$ 884.10$ 1,105.06$ 1,042.39$ 1,302.97$ 1,200.71$ 1,500.92$ 1,444.95$ 1,806.19$ 6 X WEEK 857.61$ 1,071.98$ 1,042.39$ 1,302.97$ 1,227.07$ 1,533.78$ 1,411.76$ 1,764.59$ 1,691.08$ 2,113.81$ Temporary Bin Service (3 CU. YD. BIN) 255.46$
ROLL OFF BOXES MIN MAX COMMERCIAL ORGANICS MIN MAX
10 CUBIC YARD 1,168.04$ 1,459.91$ 64 GAL CART (1 X WEEK) $108.98 $127.14 20 CUBIC YARD $ 1,168.04 $ 1,459.91 1 CU YD BIN (1 X WEEK) $197.98 $247.55 30 CUBIC YARD $ 1,168.04 $ 1,459.91 2 CU YD BIN (1 X WEEK) $250.75 $313.29 40 CUBIC YARD $ 1,168.04 $ 1,459.91
COMPACTORS MIN MAX
40 CUBIC YARD $ 1,512.94 $ 1,642.38
MAXIMUM WEIGHT LIMITS
ROLL OFF BOXES 6 TONS**
COMPACTORS 9 TONS**
** A $100/TON CHARGE WILL BE LEVIED ON TONNAGE OVER THESE MAXIMUMS
RATES WILL VARY BASED ON INDIVIDUAL NEGOTIATIONS WITH SPECIFIC HAULER BUT MAY NOT FALL BELOW MINIMUM OR EXCEED MAXIMUM ITEM # 5
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: APPROVAL OF TRACT MAP NO. 83297 TO CONSOLIDATE THREE PARCELS LOCATED AT 10934-10954 LAUREL AVENUE AND 13309- 13321 LAKELAND ROAD INTO ONE PARCEL
DATE: December 9, 2025
RECOMMENDATION:
It is recommended that the City Council:
1) Determine that the final map approval of Tract Map No. 83297 has been previously determined to be categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.), and that no further action is required under CEQA; and
2) Adopt the attached resolution approving the merger of the three parcels in Tract Map No. 83297, into one parcel, and associated conditions; and 3) Authorize the City Engineer and City Clerk to sign Tract Map No. 83297; and 4) Take such additional, related action that may be desirable.
FISCAL IMPACT
Approval of the subject tract map will not have an impact on the City’s General Fund.
BACKGROUND
The Housing Successor was previously the owner of three (3) parcels of land located at the northeast corner of Laurel Avenue and Lakeland Road (APN: 8011-011-906, 8011- 011-907, 8011-011-912) (collectively, the “Property”), in the City of Santa Fe Springs CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025 APPROVAL OF TRACT MAP NO. 83297 – 10934-10954 LAUREL AVENUE AND 13309-13321 LAKELAND ROAD
(“City”). The three (3) parcels have a combined area of ±0.75 acres. The Property is comprised of unimproved land with perimeter fencing.
In 2022, the Housing Successor and Habitat for Humanity of Greater Los Angeles (the “Applicant”) entered into a purchase and sale agreement to develop the Property into 18 residential condominiums, which was always the intent of future redevelopment of the Property. To accomplish this, the Property was rezoned to R-3-PD, Multiple-Family Residential-Planned Development in 2013.
The City’s General Plan Housing Element specifically identifies the development of affordable housing on the sites, and the potential project is described as a program in the Housing Element starting on page 5-14 of the 2014-2021 Housing Element.
To develop the Property, Habitat for Humanity obtained the following entitlements from the Planning Commission on May 8, 2023 (Attachment B):
• Development Plan Approval Case No. 977
• Conditional Use Permit Case No. 813
• Tentative Tract Map No. 83297
The Applicant has proposed to develop 18 residential townhome units within a three-unit building, a six-unit building, and a nine-unit building. A full-sized copy of the tract map is available for review in the office of the City Clerk.
ANALYSIS
The request is for the City Council to approve the merger of the three parcels into one parcel, with the condition that the Applicant subsequently submit a final map for an 18- unit condominium development.
ENVIRONMENTAL
In 2023, the City found the approval of the proposal tract map to be categorically exempt from the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.), pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Section 15315 (Class 15) because it is a subdivision resulting in four or less parcels. Because the Project is categorically exempt, no further action is required under CEQA.
DISCUSSION
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025 APPROVAL OF TRACT MAP NO. 83297 – 10934-10954 LAUREL AVENUE AND 13309-13321 LAKELAND ROAD
SUMMARY/NEXT STEPS
Upon City Council approval of the recommended actions, City staff will coordinate the signatures and transmittal of the Tract Map, and other necessary documents for final recordation.
ATTACHMENTS:
A. Resolution No. 9995
B. Final Map – Tract No. 83297
C. Planning Commission Report for Tentative Tract Map No. 83297, May 8, 2023 (Planning Commission Report attachments are available in the office of the Planning Department)
ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
RESOLUTION NO. 9995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS APPROVING THE MERGER OF PROPERTIES LOCATED AT 10934 – 10954 LAUREL AVENUE AND 13309 – 13321 LAKELAND ROAD SANTA FE SPRINGS, CALIFORNIA,
INTO A SINGLE LOT, CONDITIONED UPON THE SUBSEQUENT SUBMISSION AND APPORVAL OF A FINAL TRACT MAP FOR THE DEVELOPMENT OF 18
RESIDENTIAL CONDOMINIUMS
WHEREAS, Habitat for Humanity of Greater Los Angeles (the “Applicant”) submitted an application for a tentative tract map (“Tentative Tract Map No. 83297”) for three parcels located at 10934-10954 Laurel Avenue and 13309-13321 Lakeland Road (APNs 8011-011-906, -907, and -912) (the “Property”) for the purpose of consolidating the Property into one approximately
0.75 acre parcel and subdivide the air space of the newly created parcel into 18 residential condominium units; and
WHEREAS, the Applicant intends to develop the Property into 18 affordable for sale owner-occupied single-family homes (the “Project”); and WHEREAS, on May 8, 2023, the City Planning Commission held a noticed public hearing and considered and approved Tentative Tract Map No. 83297, subject to conditions of approval as set forth in Resolution No. 233-2023; and
WHEREAS, the City Planning Commission also determined that the approval to Tentative Tract Map No. 83297 is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Section 15315 (Class 15); and
WHEREAS, the tract map presented for final approval includes a merger of the three parcels only and does not include a final map for an air space vacation for 18 condominiums, and is needed in order to proceed with the implementation of the Project; and WHEREAS, the Applicant has otherwise substantially complied with the conditions of approval as set forth in Resolution No. 233-2023, herein attached as Exhibit “A”, to consolidate the three parcels into the one Property; and
WHEREAS, the Applicant has not complied with Condition No. 4 of Resolution No. 233- 2023, which requires the Applicant to prepare a declaration of Covenants, Conditions and Restrictions (“CC&R’s”) which are subject to the approval of the Community Development Department and the City Attorney and recorded against title prior to the issuance of occupancy permits for the Project; and
WHEREAS, the Applicant has not complied with Condition No. 5 of Resolution No. 233- 2023, which requires the final map to substantially conform to the tentative tract map that was submitted and on file with the City because it excludes the condominium subdivision; and
ATTACHMENT A
WHEREAS, the development of the Property into 18 for-sale homes townhomes for low income households has been accounted for in the City’s Housing Element in order to help the City achieve its housing needs pursuant to the most recent Regional Housing Needs Allocation; and
WHEREAS, the Applicant acknowledges and agrees that the approval of this merger is conditioned upon the subsequent submission and approval of a Final Tract Map for the proposed 18-unit condominium development as set forth in Resolution No. 233-2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
SECTION 1. RECITALS. The Recitals set forth above are true and correct and are incorporated by reference as if fully set forth herein.
SECTION 2. CEQA. Pursuant to CEQA and CEQA Guidelines, no additional environmental analysis is required. The approval of the tract map was determined to be categorically exempt pursuant to CEQA Guidelines Section 15315 on May 8, 2023 by the City Planning Commission. There have been no substantial changes or new information requiring the preparation of a negative declaration or environmental impact report pursuant to Public Resources Code Section 21166 nor CEQA Guidelines Section 15162(a), therefore no additional environmental analysis is required.
SECTION 3. CONDITIONS OF APPROVAL SATISFIED FOR LOT MERGER. The City Council finds that the Applicant satisfactorily completed and met all conditions of approval required for the merger of the Properties into a single lot as set forth in Resolution 233-2023, conditioned upon the Applicant’s agreement to subsequently submit and obtain approval of a Final Tract Map for the proposed 18-unit condominium development.
SECTION 4. WAIVER. The City Council finds that the Applicant has substantially complied with the requirements of the California Subdivision Map Act (Gov. Code § 66410 et seq.) and the requirements set forth in Chapter 154 of the Santa Fe Springs Municipal Code (“SFSMC”).
Pursuant to the Subdivision Map Act and the SFSMC, the City Council grants a waiver to the timing requirements to receive a final map approval.
SECTION 5. SURFACE MAP ACT AND SANTA FE SPRINGS MUNICIPAL CODE. The City Council otherwise finds that the Tract Map No. 83297 conforms with requirements of the Subdivision Map Act and the Santa Fe Springs Municipal Code for the purposes of merging three parcels.
SECTION 6. CONDITIONAL APPROVAL. The City Council hereby approves Tract Map No. 83297 to merge three parcels into one, subject to the condition of approval set forth in Exhibit “B”.
SECTION 7. SEVERABILITY. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Santa Fe Springs at its special meeting on this 9th day of December 2025. _______________________________
William K. Rounds
Mayor
ATTEST:
_______________________________
Fernando N. Muñoz, CMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SANTA FE SPRINGS )
I, Fernando N. Muñoz, CMC, City Clerk of the City of Santa Fe Springs, do hereby certify that the above and foregoing Resolution No. [] was passed, approved, and adopted by the City Council of the City of Santa Fe Springs, signed by the Mayor and attested by the City Clerk at a meeting of said City Council of the City of Santa Fe Springs held on this 9th day of December 2025, and that said Resolution was adopted by the following votes to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Fernando N. Muñoz, CMC
City Clerk
EXHIBIT “A”
RESOLUTION NO. 233-2023
[Attached Behind This Page]
EXHIBIT “B”
CONDITIONS OF APPROVAL
1. Condominium Map. The approval of this map and all of its conditions shall be appurtenant to and run with the entire parcel. The Applicant shall submit a tentative map to subdivide the airspace on the Property into a minimum of 18 condominiums. The final map for the condominium subdivision shall be approved and recorded in the Office of the Los Angeles County recorder prior to the issuance of any building permit, inclusive of demolition or grading permits for DPA .
TM83297
TRACT NO. 83297
SHEET 1 OF 2 SHEETS
IN THE CITY OF SANTA FE SPRINGS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 24115, AS PER MAP FILED IN BOOK 266, PAGES 94 AND 95 OF PARCEL MAPS AND PARCEL 1 OF PARCEL MAP NO. 25238, AS PER MAP FILED IN BOOK 288, PAGES 65 AND 66 OF PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
FOR CONDOMINIUM PURPOSES
OWNERS’ STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF AND HAVE RECORD TITLE
INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN
ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION.
WE ALSO DEDICATE TO THE CITY OF SANTA FE SPRINGS FOR THE PUBLIC USE:
THE SIDEWALK EASEMENT, AS SHOWN HEREON.
HABITAT FOR HUMANITY OF GREATER LOS ANGELES, A CALIFORNIA NONPROFIT PUBLIC BENEFIT COR ORATION — OWNER.
So A Crh. Gi2/ 02 s”
BY: ERIN RANK, EXECUTIVE DIRECTOR DATE
NOTARY
ACKNOWLEDGMENTS
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 Ss
COUNTY OF LOS ANGELES ~~
on SCPE 12,2025 Berore me, Katherine Hemande? Garda, Netary Public (insert name and title of the officer)
PERSONALLY APPEARED Erin Kank
WHO 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/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
| CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
SIGNATURE:
NAME printeo Katherine Hernandez Garid
< Commission + 25062 10 MY COMMISSION expires: September 21,2028 “OMS MY PRINCIPAL PLACE OF BUSINESS LOS Angeles COUNTY.
SIGNATURE OMISSIONS
THE SIGNATURES OF LOFTUS LAND CO., HOLDER OF RIGHTS TO OIL, GAS, MINERALS OR HYDROCARBON SUBSTANCES BY INSTRUMENT NO. 969, RECORDED SEPTEMBER 24, 1948; INSTRUMENT NO. 149, RECORDED NOVEMBER 13, 1952; INSTRUMENT NO. 1575, RECORDED SEPTEMBER 21, 1954; INSTRUMENT NO. 607, RECORDED OCTOBER 21, 1955; INSTRUMENT NO. 1431, RECORDED DECEMBER 2 1957, ALL OF OFFICIAL RECORDS, HAVE BEEN OMITTED PURSUANT TO THE PROVISIONS OF SECTION 66436 (a)(3)(C) OF THE SUBDIVISION MAP ACT,
THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND AS SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY.
THE SIGNATURE OF GENERAL TELEPHONE COMPANY OF CALIFORNIA, A CORPORATION, HOLDER OF AN EASEMENT FOR POLES, WIRES AND INCIDENTALS THERETO RECORDED SEPTEMBER 12, 1956 AS INSTRUMENT NO. 5476 OF OFFICIAL RECORDS, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION (a)(3)(A) (i-vili) OF THE SUBDIVISION MAP ACT, AS THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES IS ARE NOT REQUIRED BY THE LOCAL AGENCY.
THE SIGNATURE OF VERIZON CALIFORNIA INC., A CORPORATION, HOLDER OF AN EASEMENT FOR TRANSMISSION OF ELECTRICAL ENERGY RECORDED FEBURARY 8, 2001 AS INSTRUMENT NO. 01-0213551 OF OFFICIAL RECORDS, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION (a)(3)(A) (i-viii) OF THE SUBDIVISION MAP ACT, AS THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES IS ARE NOT REQUIRED BY THE LOCAL AGENCY. SAID EASEMENT IS INDETERMINATE.
THE SIGNATURE OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, HOLDER OF AN EASEMENT FOR OVERHEAD AND UNDERGROUND ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATION SYSTEMS RECORDED MAY 30, 2001 AS INSTRUMENT NO. 01-0933653, OF OFFICIAL RECORDS, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION (a)(3)(A) (i—viii) OF THE SUBDIVISION MAP ACT, AS THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY.
CONTRACTED CITY SURVEYOR’S CERTIFICATE
i HEREBY CERTIFY THAT | HAVE EXAMINED THIS MAP, AND THAT IT CONFORMS WITH THE MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT , AND | AM
SATISFIED THAT THE MAP IS TECHNICALLY CORRECT.
RUEL del CASTILLO PLS 4212 DATE
ENGINEER’S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON
A TRUE AND COMPLETE FIELD SURVEY BY ME OR UNDER MY DIRECTION IN SEPTEMBER, 2022, IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF ROBERT DWELLE ON SEPTEMBER 15, 2022. |
HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP; THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND
OCCUPY THE POSITIONS INDICATED (OR THAT THEY WILL BE SET IN THOSE POSITIONS WITHIN 24 MONTHS FROM THE FILING DATE OF THIS MAP); AND THAT THE MONUMENTS ARE (OR WILL) BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED; AND THAT
TIE NOTES FOR ALL CENTERLINE MONUMENTS WILL BE ON FILE IN THE OFFICE OF THE CITY ENGINEER WITHIN 24 MONTHS FROM THE FILING DATE SHOWN HEREON.
Lath & Bort
RALPH E. DARTT
9-09-2025
R.C.E. 29094 DATE
CITY ENGINEER'S CERTIFICATE
| HEREBY CERTIFY THAT | HAVE EXAMINED THIS MAP, AND THAT IT SUBSTANTIALLY CONFORMS TO THE TENTATIVE MAP, AND ALL APPROVED ALTERATIONS THEREOF;
THAT ALL PROVISIONS OF STATE LAW AND LOCAL ORDINANCES OF THE CITY
OF SANTA FE SPRINGS APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND | AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT WITH RESPECT TO CITY RECORDS.
JAMES ENRIQUEZ DATE
CITY ENGINEER R.C.E. NO. 55520
CITY OF SANTA FE SPRINGS
CITY TREASURER’S CERTIFICATE:
| HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE
JURISDICTION OF THE CITY OF SANTA FE SPRINGS, TO WHICH THE LAND INCLUDED
IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND
WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL.
JULIO F. MORALES, CITY TREASURER DATE
CITY OF SANTA FE SPRINGS
CITY CLERK’S CERTIFICATE:
| HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS
BY MOTION PASSED ON APPROVED THE ATTACHED MAP,
AND ACCEPTED THE EASEMENT FOR SIDEWALK PURPOSES.
FERNANDO
MUNOZ, DEPUTY CITY CLERK DATE
CITY OF SANTA FE SPRINGS
TAX CLEARANCES
| HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF
$ HAS BEEN FILED WITH THE
EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY
OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF TAXES
AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND
SHOWN ON THE MAP OF TRACT NO. 83297 AS REQUIRED BY LAW.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
BY
DATE
TAX CERTIFICATES
| HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND
DEPOSITS HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES STATE OF CALIFORNIA.
BY
DATE
DEPUTY
LEGEND:
INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP. —o see — INDICATES THE BOUNDARY OF
THE CITY OF SANTA FE SPRINGS.
L.A.C.R.D. — LOS ANGELES COUNTY ROAD DEPARTMENT
TRACT NO. 8329/ SHEET 2 OF 2 SHEETS
IN THE CITY OF SANTA FE SPRINGS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
¢—-—-— CENTERLINE
— ——-— LOT LINES
N’LY NORTHERLY
S'LY SOUTHERLY
ELY EASTERLY
WLY WESTERLY
REFERENCE LIST:
—EASEMENT IN FAVOR OF SO. CAL. EDISON CO.
FOR PUBLIC UTILITY PURPOSES PER INSTR.
NO. 01-0933653 O.R., RECORDED 5-30—2001.
—EASEMENT IN FAVOR OF GENERAL TELEPHONE CO.
FOR PUBLIC UTILITY PURPOSES PER INSTR.
NO. 5476 O.R., RECORDED 9-12-1956.
NOTES:
INSTR. INSTRUMENT BOUNDARY FITS IMPROVEMENTS
M.B. ————-MAP BOOK (R1)——— RECORD OR CALCULATED (NO ENCROACHMENTS TO OR FROM PROPERTY) O.R. ————— OFFICIAL RECORDS FROM RECORD PER TRACT FRONT & REAR CORNERS IN BLOCK (SFN) 0/S OFFSET NO. 7868, M.B. 113/18-21.
R.D.F.B.————ROAD DEPARTMENT FIELD BOOK (R2)——— RECORD PER PARCEL MAP NO. BASIS OF BEARINGS:
S.F.N. SEARCHED FOR MONUMENTS ON NO. 25238, P.M.B. 288/65—66. THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BOUNDARY CORNERS, NOT FOUND —— OF N 89"34'24” W BEING THE CENTERLINE OF LAKELAND ROAD (R3) RECORD ER e /o4—95. AS SHOWN ON RECORD OF SURVEY, RS BOOK 132 PAGE 14, @ —————FOUND MONUMENT AS NOTED : oo : RECORDS OF LOS ANGELES COUNTY.
O SET MONUMENT AS NOTED
TH] RADIU TA CURVE | LENG Dl > DEL — —.S89"39'49”E 354.53 a C3 11.40 99.50 10 2899 8 524.55 = Oa SS
C4 91,30" 83,00/| 35'24'44 5] SES
C5 1.56’) 59.50’) 1108'00” O EA — a e 500 1N2>
C6 40,31’ 78.00" 29°36 40 —N89'39'49”W 80.00’
TKI — | LINE TABLE —N— DETAIL A
LINE LENGTH BEARING =
Lg 4,28 S18*02'46"w 1 — =>
LO 3.87 s17*21'98*E FD. L.A.C.R.D. BRASS CAP MON. |
FD. STD. L.A.CO. ENGR. IN WELL, DN 0.55’ PER R.D.F.B. | MON. NO CAP IN WELL, DN. 5
0.7” PER R.D.F.B. 0827-1674A 0827-3880 \ |
| \ | SUNDANCE AVENUE \ |
_ e S89"39'30”E (FORMERLY STELLA AVENUE) 710.52’ (710.02 R1) (710.50' R2, R3)_ , ) | 11€ q— Lo {
a
|
23 a
uy iS
- oy
BS 28 1%
60 | N’LY LINE OF LOT 20 OF (R1) 20 Ya
a | | | ESTABLISHED BY PRORATION an 08 |
i , PER SAID MAP big
SOL tI 30 389"39'49”E 708.877 (708.47 R1) \ 6
: | O OA 394.60
354.27 YN =
as / FD. LT&T LS 4970 NO. REF 324.60 (524.40 Ri) SEE DETAIL A ke 07’ R1) Sado ACCEPTED AS 2’ 0/s probucrion. NOT A PART OF THIS SUBDIVISION e A MS “o | } Dol te OF N’LY LINE OF PARCEL 1 OF (R1) _ BOUNDARY LINE_OF COUNTY o ES ~ | © & SLY LINE OF INSTR 90—649806,0.R. \OF LOS. ANC es ANGE o qe Do 2 N'LY LINE OF P.M.B. 288/6566 A E 0004 NE
| S89"39'49”E 354.53 AAA e
A a) E
¡a > _ e 2 eos
SY & z BOUNDARY LINE OF CITY <g0'30'40"'w 80.00" M | ae Z, o 2 LS | N83'46'02"W RAD. OF SANTA FE SPRINGS oo 48 &(R2) as = | E] O Ada set 2” 1.P. RCE 29094) IE 372
> ao ico Sf wry LINE PARCEL 2 (RAY & [KR On8
Ae Y yv E a E “> ! or ANAzZ
<= ~g pee 202 LOT 1 wa [8% owiS 054% E
or = lA . Badd 32,564 SQ.FT. GROSS 2 [ls SOI Sas 5
- 6. (2 © ¿or 0.75 AC 5 Nie 20 wm
Oo = ZN a F< 0 > Oa Pr Lo .
INneac P| y GHGS 32,200 SQ.FT. NET aE [Os = nz Y
ENS Il ; =i iid . 7 wo Y
ISS Le a 0.74 AC € LAR get 2” 1p m it BAe =
ary ITCR O e S08"32' 2 LP. - 16 SE | 30 30 2 a 33258 ENS RCE 29094 e 18 ES ee = > uw | ' S89"39'52”E 5 TIE) 324.37 o , | woe =
60% ==, 2 80.00” M & (R2 po) Z.
S A 169.37 75.00 Mé&(R2) _ E
SET LT&T RCE 29094 Qf WS SET 2” LP. : /155.00 .
2’ 0/S ON PL PROD Oi. BCE 29094 — S'LY LINE OF LOT 20 OF (R1) mS ui 2: ) : N82'56'09”W RAD. > . y ESTABLISHED BY PRORATION o as 2 S SET 2” |P. RCE 29094 ia) ES DER SAID MAP a | =
10 To 5 | ce '@)
N os , y o | Im
5 ‘S 93.00 M & (R3) co” | N
S - e @. a. & ac y -
| oo $89°39'52"E 123.00' > ~ NOT A PART OF = =
’ S |e N’LY LINE OF Po o E THIS SUBDIVISION = x
5 2 13 PARCEL 1 OF (R3) ml uw 6 eon | 5 SN
|, ~ (> Flo Oo S +S 9
3 a lo TPS 2 = 6 | m2 O
Mig 82 (2 se 37 dey | = 18
= Voz NOT A PART OF = “#8 26 +3 | ~
: T J -| Z= yD > | < e To HIS SUBDIVISION o 7 < 45 S
oP 27 155.00°
t 76.00 M & (R3) ——_| 7819 _{76.18'R3) a 45.00" | 80.00' 354.19 (354.00 R1)
l ezain gt a SET LT&T RCE 29094 ,
2.00” N89'34 24 W O SET LT&T RCE 29094 HI, 22 O/S ON PL PROD - 708.44” (708.07 R1) | L=23.56 5 Sig “22 0/S ON PL PROD 3/8 Q 2 \ R=15.00' ord NS TS Y O
\ A=89°59'24" 3 Is 2 + 9
Tan=15.00 Zz O N MRS) 493 o o_ | 76.11 Ñ LAKELAND — 509.26’ o ROAD ) | . , ” ? 5 00 _ _ / _ Mo LACRO. BRASS CAP MON. N89"34'24”W (BASIS OF BEARINGS) 708.37’ (708.00’ R1) ; 7 0827-6728 + Q IN WELL, DN. 0.6” PER R.D.F.B.
0827-2808
City of Santa Fe Springs
Planning Commission Meeting May 8, 2023
Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning ITEM NO. 8
PUBLIC HEARING
Environmental Document - Mitigated Negative Declaration Development Plan Approval Case No. 977
Conditional Use Permits Case No. 813
DPA Case No. 977: A request for development plan approval to allow the construction of 18 units of affordable for-sale housing; and
CUP Case No. 813: A request for approval to allow the establishment of 18 units of affordable for-sale housing, within the PD-Planned Development, Zone.
The project site is generally located at the northeast corner of Laurel Avenue and Lakeland Road, 10934 – 10954 Laurel Avenue and 13309 – 13321 Lakeland Road (APN Nos. 8011-011-912, 8011-011-906 and 8011-011-907), within the R-3-PD, Multiple-Family Residential-Planned Development, Zone.
(Habitat For Humanity of Greater Los Angeles)
RECOMMENDATIONS:
Open the Public Hearing and receive the staff report and any comments from the public regarding Development Plan Approval Case No. 977, Conditional Use Permit Case No. 813, and thereafter, close the Public Hearing; and
Find and determine that the proposed project will not be detrimental to persons or properties in the surrounding area or to the City in general, and will be in conformance with the overall purpose and objective of the Zoning Ordinance and consistent with the goals, policies and program of the City’s General Plan; and
Find that the applicant’s request meets the criteria set forth in Section 155.739 of the City’s Zoning Ordinance, for the granting of Development Plan Approval; and
Find that the applicant’s request meets the criteria set forth in Section 155.330 of the City’s Zoning Ordinance for the granting of a Conditional Use Permit within the PD-Planned Development, Zone; and;
Find that the environmental impacts of the proposed 18-units of affordable housing were analyzed within the previously-approved Initial Study/Mitigated Negative Declaration (IS/MND), Mitigation Monitoring and Reporting Program, State Clearing House No. 2021100075, for The Richman Group Lakeland Road Housing Development, and that no new significant effects could occur and/or no new mitigation measures or additional environmental documents are required, and;
DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 2 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
GENERAL INFORMATION
A. Applicants: Habitat For Humanity of Greater Los Angeles 8739 Artesia Boulevard
Bellflower, CA 90706
www.habitatla.org/
B. Property Owner: Housing Successor Agency
11710 Telegraph Road
Santa Fe Springs, CA 90670
D. Existing Zone: R-3-PD, Multiple-Family Residential-Planned Development, Zone
E. General Plan: Residential
F. CEQA Status: Previously-prepared Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program
G. Staff Contact: Wayne M. Morrell, Director of Planning [email protected]
BACKGROUND
The Housing Successor is the owner of four parcels of land located at the northeast and northwest corner of Laurel Avenue and Lakeland Road, in the City of Santa Fe Springs. The largest of the parcels (APN: 8011-012-902), at the northwest corner of Laurel Avenue and Lakeland Road, consist of ±3.95-acre and has an address of 13231 Lakeland Road. The adjacent three (3) parcels, (APN: 8011-011-906, 8011-011-907, 8011-011-912), have a combined area of ±36,342 sq. ft., and are located at the northeast corner of Laurel Avenue and Lakeland Road. All four parcels are unimproved land with perimeter fencing.
It was always the intent of the City and Agency to develop all four parcels with affordable housing. To accomplish this, all four parcels were rezoned to R-3-PD, RECOMMENDATIONS (cont.):
Approve Development Plan Approval Case No. 977 and Conditional Use Permit Case No. 813, subject to the conditions of approval as contained within the attached Resolution 231-2023; and
Adopt Resolution No. 231-2023, which incorporate the Planning Commission’s findings and action regarding this matter.
DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 3 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
Multiple-Family Residential-Planned Development in 2013. Those parcels are also listed as potential locations for the development of 139 units, within the Vacant Residential Site Inventory of the City's approved Housing Element.
The City’s General Plan Housing Element specifically identifies the development of affordable housing on the sites, and the potential project is described as a program in the Housing Element starting on page 5-14 of the 2014-2021 Housing Element:
Prior Action by City Council:
Exclusive Negotiating Agreement:
The Housing Successor entered into an Exclusive Negotiating Agreement on March 28, 2019 with a team of three entities, The Whole Child, the Richman Group of California Development Company, LLC., and Habitat for Humanity of Greater Los Angeles to develop transitional housing and support services, an affordable rental apartment buildings, and affordable for sale owner-occupied townhomes, respectively in that order.
Development Plan Approval Case No. 974: (The Whole Child) A request for development plan approval to allow the construction of 19 units of transitional/supportive housing and appurtenant improvements; and Conditional Use Permit Case No. 811: (The Whole Child) A request for approval to allow the establishment of a 19-unit transitional/supportive housing use, within the PD, Planned Development Zone; and
Development Plan Approval Case No. 991: (The Richman Group) A request for development plan approval to allow the construction of a 22-unit apartment use, a 30- unit apartment use and a clubhouse use, within R-3-PD, Multiple-Family ResidentialPlanned Development, Zone; and Conditional Use Permit Case No. 827: (The Richman Group) A request for approval to allow the establishment of a 22-unit apartment use, a 30 unit apartment use and a clubhouse use, within the PD, Planned Development Zone; and Development Plan Approval Case No. 975: (The Richman Group) A request for development plan approval to allow the construction of 50 units of affordable senior apartments; and
Conditional Use Permit Case No. 812: (The Richman Group) A request for approval to allow the establishment of a 50-unit senior apartment use within the PD, Planned Development Zone;
DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 4 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
Tentative Parcel Map No. 83238*
A request for approval to subdivide one parcel (APN: 8011-012-902) of ±3.95 acres into three parcels (Parcel 1 of 0.81 acres, Parcel 2 of 2.19 acres and Parcel 3 of 0.95 acres). The following tables, Table I and Table II, illustrate the condition of the site before and after the proposed subdivision.
Table I
Existing Condition
APN: Address No. of
Bldgs.
No. of
APN’s/Lot#
Size of Lot
8011-012-902 13321 Lakeland
Road 0 1 ±3.95 acres
Table II
Condition after Proposed Subdivision
APN: Address No. of
Bldgs.
No. of
Parcels/Lot
#
Size of Lot Proposal
New
APN
New
Address 1 1/#1 0.81acres Senior Apartment
New
APN
New
Address 3 1/#2 2.19 acres
Lakeland
Apartment
#1 & 2
New
APN
New
Address 1 1/#3 0.95 acres The Whole Child
Total # 3 Multiple 5 3 3.95 acres
Predevelopment Loan Agreement:
The Housing Successor entered into a Predevelopment Loan and Disbursement Agreement on January 28, 2021 with the same three entities. The summary of the loan terms is as follows:
The loan amount is for $200,000, paid out on a reimbursement basis, not a lump sum. The anticipated disbursement budget and schedule are attached to the Loan Agreement as Exhibit A.
The security for the loan is the Assignment of Work Product document which transfers all of the work product generated by the Richman Group for the project to the City, should they default on constructing the project. The term of the loan is set forth in subsection 1.2.1 of the Agreement, with an outside maturity date of January 15, 2025, though there are other events which will cause the loan to mature sooner as set forth in the Agreement. Upon the Maturity Date, the Loan Term shall expire, the Loan shall mature, and the entire outstanding principal amount of the Loan, shall become immediately due and DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 5 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
payable.
This is an interest free loan, so there will be no accrued interest on the amount due. Providing this loan interest free furthers the public purpose of increasing the supply of affordable housing in the City and does not constitute a gift of public funds.
Purchase and Sales Agreement:
The Housing Successor also entered into a Purchase and Sales Agreement on March 21, 2022, with two (The Richman Group and The Whole Child) of the three entities.
The terms of the Agreement are as follows:
Primary Terms Consistent in Both Agreements
The land is being sold to both parties at a nominal cost, meaning the Agency is contributing the land to the project. For that reason, there are a number of requirements that must happen before the sale of the land closes escrow. The Property shall be a separate legal conveyable parcel compliant with the California Subdivision Map Act, which will require the processing of a Tentative and Final map.
Approval by the City of all necessary project entitlements and CEQA analysis and documentation has been completed, and those approvals are final. Approval of funding agreements for the Agency contributions of funds must be completed.
Approval by the Agency and Buyer of an Affordable Housing, Veterans Preference and Regulatory Plan Agreement setting forth the obligations of Buyer to make the units affordable and setting forth in detail how Buyer will comply with the legal requirements for use of Agency housing funds.
To the fullest extent allowed by federal and state law, Buyers will take all feasible actions to implement a preference for veterans and immediate family members of veterans living in the same household.
The property is being sold “AS-IS” and the current known hazardous clean up that is required shall be done by the buyers, and buyers release all claims against the City.
There is an outside land closing date which gives the buyers time to secure financing, but does give the Agency a firm date to close or terminate the agreements.
Buyers cannot assign the purchase agreement without Agency’s written consent.
Additional Terms Specific to the Richman Group Agreement. The land closing will happen concurrently with the construction funding package, and the issuance of the building permit. At that point the Agency knows the project will be constructed, barring some highly unlikely catastrophe. The outside closing date will be 4 years from the date of execution of the PSA.
DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 6 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
The document states that the Agency will provide $6M in funding by way of a residual receipts loan.
If Richman defaults on the purchase agreement, the Agency will recover $25,000 in liquidated damages.
Terms Specific to TWC Housing LLC (The Whole Child) Agreement The land closing will happen concurrently with the construction funding package. The outside closing date will be June 30, 2025.
The document states that the Agency will provide $1.1M in funding by way of a grant which will be documented by a Grant Funding Agreement to be executed prior to close of escrow.
If TWC defaults on the purchase agreement, the Agency will recover $100 in liquidated damages.
City will have the right to repurchase the property for $1.00 if the land closing has occurred, but TWC has failed to develop and construct the Project and obtain a Certificate of Occupancy from the City within three years from the anniversary date of the Land Closing date. (the “Repurchase Release Date”) Repurchase Option shall be released when the project is built and upon the issuance of a Certificate of Occupancy.
Purchase and Sales Agreement and Grant Funding Agreement:
The Housing Successor also entered into a Purchase and Sales Agreement and Grant Funding agreement with Habitat For Humanity of Greater Los Angeles on October 5, 2021.The terms of the Agreement are as follows:
The Habitat site is approximately .9 acre in size and is at the northeast corner of Lakeland and Laurel Avenue. This land is being held by the Agency for development of affordable housing, and is proposed to be sold at a nominal cost, meaning the Agency is contributing the land to the project. For that reason, there are a number of requirements that must happen before the sale of the land closes escrow. The Property shall be a separate legal conveyable parcel compliant with the California Subdivision Map Act, which will require the processing of a Tentative and Final map.
Approval by the City of all necessary project entitlements and CEQA analysis and documentation has been completed, and those approvals are final. Approval of a grant funding agreement for the Agency contribution of $1,300,000 of Agency affordable housing funds.
Approval by the Agency and Buyer of an Affordable Housing Regulatory Agreement and Declaration of Restrictions setting forth the obligations of DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 7 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
Habitat to make the units affordable and setting forth in detail how they will comply with the legal requirements for use of Agency housing funds. Habitat will take all feasible actions to implement a preference for veterans and immediate family members of veterans living in the same household. The property is being sold “AS-IS” and Habitat releases all claims against the City.
There is an outside land closing date which gives Habitat time to secure financing, but does give the Agency a firm date to close or terminate the agreements.
Habitat cannot assign the purchase agreement without Agency’s written consent.
With the above comprehensive list of requirements, which must be met before the closing of the agreements may occur, including approval of project design entitlements and CEQA review, the Agency is under no obligation to close on the sale of land at this time. It is anticipated that Habitat will work diligently towards completing the necessary tasks required to close the land sale over a period of six months to two years depending on availability of grant funds.
Affordable housing projects, especially those serving the needs of very low and extremely low income require significant financial assistance to be successfully constructed and operated. For that reason, the Agency will contribute the land to the project to achieve the Agency and City’s affordable housing goals and obligations. The Agency acquired the land specifically for development of affordable housing by private entities, so a land sale at open market prices is not consistent with the City’s General Plan or the goals of the Housing Successor Agency.
PROJECT DESCRIPTION:
Development Plan Approval Case No. 977: A request for development plan approval to allow the construction of 18 units of affordable for-sale housing; and pursuant to §155.329(A) of the Zoning Ordinance, a conditional use permit shall be required for the establishment of any use, structure or improvement or the change of any use in a Planned Development Zone. As a result, the applicant is concurrently applying for.
Conditional Use Permit Case No. 813: A request for approval to allow the establishment of 18 units of affordable for-sale housing, within the PD-Planned Development, Zone.
DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 8 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
Tentative Tract Map No. 83297*: A request for approval to consolidate three (3) existing parcels (APN Nos. 8011-011-912, 8011-011-906 and 8011-011-907) into a single parcel measuring ±0.75 acre, and to subdivide the air space of the newly created parcel into 18 residential condominium units.
NOTE: The tract map will be done under a separate staff report and resolution.
Development Plan Approval (DPA) Case No. 977
Sheet A-100, Site Plan: The site plans show that the development consist of eighteen (18) units: a three-unit building, a six-unit building, and a nine-unit building. The nineunit building is located ±18 feet from the Laurel Avenue street frontage and the distance of the building from the north, property line varies from 7.5 feet at the narrowest point to 15 feet at the broadest distance. The six-unit building is also located ±18 feet from the Laurel Avenue street frontage. The three-unit building is located ±18 feet from the Lakeland Road street frontage. The main entry to the site is via a new 26-foot wide driveway from Laurel Avenue. A common space is shown at the rear of the 9-unit building, between Unit 9 and the nearest easterly property line.
Middle Townhome Unit Types-Dimensioned Floor Plan (Three-Unit Building):
The plan indicates that the building consists of three stories: ground floor, second floor, and third floor. The ground floors consist of several two-car garages, patios, entries and stairways. The second story consists of a family room, dining room, kitchen area, bathroom, stairway, an area for a washer and dryer, and a balcony. The third floor contains a primary bedroom and two other bedrooms, stairway, hallway and two bathrooms.
End Townhome Unit Types-Dimensioned Floor Plan: Per the floor plan, the End Townhomes units are specific to the nine-unit building and the six-unit building. Each ground-floor unit contains a patio at each end of the building. Adjacent to each of the patios are tandem garages to accommodate two car each, and separated by a demising wall. The second floor consists of a dining room, family room, kitchen, bath room and stairway. This same configuration is replicated at the other end of a demising wall that separates the units. The third floor contains three bedrooms: a primary and two secondary bedrooms and bathrooms.
Driveway(s)
Driveway Access: A modified 26-foot wide driveway on Lakeland Road provides access to all three buildings. Said driveway is also the sole ingress and egress for the 44-unit apartment (Lakeland Manor) building to the east.
Parking: Thirty-six parking spaces are required per Code and 36 parking spaces are provide: two-car garages per unit with the end units for the six and nine unit-buildings DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 9 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
being tandem parking.
Trash Enclosure: A trash enclosure measuring of 223 sq. ft. is depicted adjacent to the driveway along the southerly property line that is shared with the adjacent property at 13331 Lakeland Road.
Wall/Fences-Sheet A-100 Site Plan: Although the site plan shows a new six-foot high wooden fence along the perimeter of the property, said wooden fence shall be replaced with a six-foot high block wall, except within the front yard setback area, the height of the wall shall be limited to 3.5 feet.
Façade Materials: The materials used are plaster, fiber cement (vertical and horizontal siding and wood-grain finish) and metal roofing. With regard to paint finish, Bog Fog, Lucy Blue, Silver Dust, Ultra White, Muted Ebony, and Providence are proposed.
Perspective View- Laurel Avenue: The Laurel perspective shows the view standing on the west side of Laurel Avenue, looking east. All three buildings are depicted, but the perspective of the 9-unit building is more complete. The single-family dwelling at the northeast corner of Laurel Avenue and Lakeland Road is shown.
Perspective View-Lakeland Road: The Lakeland Road perspectives is the view seen standing south on Lakeland Road looking north. The single-family dwelling on the corner and the three-unit and six-unit buildings are visible.
Lakeland and Laurel Conceptual Planting Plan: The development is extensively landscaped, with the areas between the front property line and the exterior walls of the nine unit, six unit and 3-unit buildings extensively landscaped. Landscaping is also distributed throughout the property. Two common spaces, (as identified on the site plan): one located east of the rear unit of the nine-unit building and the other east of the trash enclosure are extensively landscaped with a combination of trees, grass, turf and grasses. The Planting Palette further identifies, by pictures, the trees, grasses, shrub, vine, ground cover, proposed for the development.
Density Bonus Ordinance: Pursuant to §55.625.1 Residential Density Bonus/Affordable Housing Incentives: …..it is the intent of the city to encourage the development of affordable housing to meet a variety of economic needs within the city and to implement the goals, objectives, and policies of the city's housing element of the General Plan. It also…provides incentives for the production of housing for very low, lower and moderate-income households and senior citizen housing in accordance with Cal. Government Code §§ 65915 through 65917. The regulatory concessions and incentives as specified in Cal. Government Code § 65915(k) to include, but not be limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed-use zoning in conjunction with the DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 10 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
housing development, and any other regulatory incentive which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus.
The developer has applied and has been granted several incentives as mandated by State law, including, but not limited to:
Building Height/Yard Setbacks/Distance between Buildings:
The building height in the R-3 Zone shall not be greater than 25 feet provided, that they comply with the front, side, and rear yard requirements, as well as, the distance between buildings. As proposed, the maximum building height for the proposed buildings is 35'-6" to top of ridge. Since the proposed maximum height is 10’-6” over the allowable height, the applicant is requesting to decrease the required front setback area along Laurel Avenue from 25 ft. to 15 ft., and along Lakeland Road from 25 feet to 12'-5" and to decrease certain portions of the required side yard setback area from 15 ft. to 7'-5".
Population Density
The population density in the R-3 Zone shall be controlled by the requirement of 2,000 square feet of lot area for each dwelling unit. The area of the three parcels is 0.75 acres or 32,670 sq. ft. Since the maximum number of dwelling units is limited to 16.3. the applicant is requesting a density bonus to increase the maximum number of dwelling units from 16.3 to 18.
Conditional Use Permit (CUP) Case No. 813:
Conditional Use Permit Requirement in PD, Planned Development Zone:
Pursuant to §155.329(A), a conditional use permit shall be required for the establishment of any use, structure or improvement or the change of any use in a Planned Development Zone. As a result, concurrent with Development Plan Approval Case No. 975 is Conditional Use Permit Case No. 813: A request for approval to allow the establishment of 18 units of affordable for-sale housing, within the PDPlanned Development, Zone.
ZONING AND LAND USE
The subject property is zoned R-3-PD, Multiple-Family Residential-Planned Development, zone. The zoning, General Plan and land use of the surrounding properties are as follows:
Direction Zoning District General Plan Land Use
North A-1, Agricultural Low Density
Residential
10932 Laurel Avenue – Single-Family
Dwelling
South
A1 (County)
Light
Agricultural
Public and
Semi Public
13021 Meyer Road – Carmela Elementary
School
East R-3, MultipleFamily
Medium
Density
Apartments (Lakeland Manor)
DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 11 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
Residential Residential
West
R-3, MultipleFamily
Residential
Medium
Density
Residential
Vacant, unimproved land; future hosing
development for The Whole Child and The
Richman Group
LEGAL NOTICE OF PUBLIC HEARING
This matter was set for Public Hearing in accordance with the requirements of Sections 65090 and 65091 of the State Planning, Zoning and Development Laws and the requirements of Sections 155.860 through 155.864 of the City's Municipal Code.
Legal notice of the Public Hearing for the proposed project was sent by first class mail to all property owners whose names and addresses appear on the latest County Assessor's Roll within 500 feet of the exterior boundaries of the subject property on April 27, 2023. The legal notice was also posted in Santa Fe Springs City Hall, the City Library and the City's Town Center kiosk April 27, 2023, and published in a newspaper of general circulation (Whittier Daily News) April 27, 2023, as required by the State Zoning and Development Laws and by the City's Zoning Regulations.
As of the date of this report, staff has not received any comments and/or inquiries regarding the proposed project.
ENVIRONMENTAL DOCUMENTS (SCH2021100076)
Initial Study/Mitigated Negative Declaration:
In accordance with CEQA Guidelines §15073 and §15105, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for all three housing projects. The IS/MND was released for a 30-day public review period on October 1, 2022, and ended on October 31, 2022. A Notice of Intent (NOI) was provided to the Los Angeles County Clerk, responsible agencies, the City’s local CEQA distribution list, and other interested parties requesting a copy of the IS/MND for review and comment. The draft IS/MND was uploaded to the State Clearinghouse, the City’s website and available for public review on the City’s Environmental Documents webpage
(https://www.santafesprings.org/cityhall/planning/planning/environmental_documents.asp.
A hard copy version of the IS/MND was made available for public review at the City’s Planning Department. Additionally, the project site is not listed on the Hazardous Waste and Substance Site List (Cortese List) as set forth in Government Code Section 65962.5.
Because the environmental impacts of the proposed 18-unit affordable development were already analyzed within the previously-prepared IS/MND for the overall 139-unit housing development, it has been determined that no new significant effects could occur and/or no new mitigation measures or environmental document is required.
DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 12 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
AUTHORITY OF PLANNING COMMISSION
Development Plan Approval
Pursuant to §155.735, the Planning Commission shall have the authority, subject to the procedures set forth in this subchapter, to grant development plan approval when it has been found that said approval is consistent with the requirements, intent and purpose of this chapter. The Commission may grant, conditionally grant or deny approval of a proposed development plan based on the evidence submitted and upon its own study and knowledge of the circumstances involved, or it may require the submission of a revised development plan.
Conditional Use Permit (Within the Planned Development Zone) Pursuant to §155.329 (B), the Planning Commission shall have the authority to grant, conditionally grant or deny said conditional use permit or request for development plan approval, based on its evaluation of the plans and evidence submitted and its own study and knowledge of the circumstances and the applicable provisions of this chapter. A public hearing need not be held unless the proposed development includes uses other than the principal permitted, accessory or conditional uses of the underlying zone. Before granting approval, the Planning Commission shall satisfy itself that the proposed development will meet the purposes and intent of the Planned Development Zone.
CRITERIA FOR GRANTING A DEVELOPMENT PLAN APPROVAL
The Commission should note that in accordance with Section 155.739 of the City’s Zoning Ordinance, before granting a Development Plan Approval, the Commission shall give consideration to the following:
A) That the proposed development is in conformance with the overall objectives of this chapter.
B) That the architectural design of the proposed structures is such that it will enhance the general appearance of the area and be in harmony with the intent of this chapter.
C) That the proposed structures be considered on the basis of their suitability for their intended purpose and on the appropriate use of materials and on the principles of proportion and harmony of the various elements of the buildings or structures.
D) That consideration be given to landscaping, fencing and other elements of the proposed development to ensure that the entire development is in harmony with the objectives of this chapter.
E) That it is not the intent of this subchapter to require any particular style or type of architecture other than that necessary to harmonize with the general area.
DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 13 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
F) That it is not the intent of this subchapter to interfere with architectural design except to the extent necessary to achieve the overall objectives of this chapter.
G) As a means of encouraging residential development projects to incorporate units affordable to extremely low income households and consistent with the city's housing element, the city will waive Planning Department entitlement fees for projects with a minimum of 10% extremely low income units. For purposes of this section, extremely low income households are households whose income does not exceed the extremely low-income limits applicable to Los Angeles County, as published and periodically updated by the state's Department of Housing and Community Development pursuant Cal. Health and Safety Code § 50106.
CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT: PD ZONE Pursuant to §155.330 of the City’s Zoning Ordinance, in considering an application for a Conditional Use Permit in the PD Zone, the Commission, in addition to all other applicable provisions of this chapter pertaining to conditional use permits, shall consider probable future development of adjoining properties and surrounding areas and shall take into consideration the following criteria:
A) The location, siting and arrangement of uses, buildings, structures and facilities shall be coordinated in such a manner as to provide for efficiency, convenience, safety and a high standard of design in the proposed development as well as to provide for compatibility with adjoining properties and surrounding areas.
B) The location, size and quality of design of landscaping, architectural walls, signs and other design features shall provide compatibility and to be harmonious with other uses, buildings, structures and facilities within the proposed development as well as with adjoining properties and surrounding areas.
C) Where different zone districts meet, the interface shall be made as harmonious and compatible as possible through consideration of the criteria set forth in this section.
D) The proposed development shall be in conformance with the overall purposes and objectives of this chapter and consistent with the goals, policies and programs of the general plan.
STAFF REMARKS
Based on the findings set forth in attached Resolution 231-2023, staff finds that DPA 977 and CUP 813 - Habit For Humanity of Greater Los Angeles Page 14 of 21 Report Submitted By: Wayne M. Morrell Date of Report: May 4, 2023 Director of Planning
Development Plan Approval Case No. 977, and Conditional Use Permit Case No. 813 are consistent with the policies and goals set forth in the General Plan and California Environmental Quality Act (CEQA) requirement. Staff also finds that the applicant's request meets the criteria set forth in §155.739 of the City's Zoning Regulations for the granting of Development Plan Approval, and §155.330 for the granting of a Conditional Use Permit within the PD-Planned Development, Zone. Staff, therefore, recommends that the Planning Commission adopt Resolution 231-2023, which incorporates said findings as well as the conditions of approval related the subject proposals.
CONDITIONS OF APPROVAL
Conditions of approval for DPA 977 and CUP 813 are attached to Resolution 231-2023 as Exhibit A.
Wayne M. Morrell
Director of Planning
Attachments:
1. Aerial Photograph
2. Proposed Full Set of Plan
3. Public Hearing Notice
4. Radius Map for Public Hearing Notice
5. Resolution 231-2023
a. Exhibit A - Previously prepared Initial Study/Mitigate Negative Declaration b. Exhibit B - Conditions of Approval