South El Monte City Council
May 5, 2026

South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program
City of South El Monte 13
2 Components of the building shell include the floor, walls, roof, doors, and windows. 3 Ibid.

South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program Standard Conditions; Mitigation Measures; Laws, Ordinances and Regulations Implementation Timing Monitoring/
Reporting Method
Responsible Party for
Implementation/
Approval
Verification
Date Initials
to tenant permits for the warehouse and not the warehouse building shell2 approvals. The diversion plan shall also comply with the established solid waste and recycling laws including AB 939 and AB 341.

The City park shall divert a minimum of 50 percent of land fill waste in compliance with AB 75 and AB 939. In addition, a recyclables collection and load area shall be constructed in compliance with City standards for recyclable collection and loading areas.

Department, Planning
Division
MM GHG-7: Prior to issuance of tenant occupancy permits for the warehouse, the tenant/facility operator shall prepare and submit a Transportation Demand Management (TDM) program detailing strategies that would reduce the use of single occupant vehicles by employees by increasing the number of trips by walking, bicycle, carpool, vanpool and transit. The TDM shall include, but is not limited to the following:
 Provide a transportation information center and on-site TDM coordinator to educate residents, employers, employees, and visitors of surrounding transportation options.  Promote bicycling and walking through design features such as showers for employees, self-service bicycle repair area, etc. around the project site.
 Promote and support carpool/vanpool/rideshare use through parking incentives and administrative support, such as ride-matching services.
 Incorporate incentives for using alternative travel modes, such as preferential load/unload areas or convenient designated parking spaces for carpool/vanpool users.

This mitigation measure applies only to tenant occupancy and not the building shell3 approvals. Therefore, this mitigation measure is only applicable to the warehouse.

Prior to issuance of
tenant occupancy
permits for the
warehouse
Review of TDM program Tenant/Facility
Operator
City of South El Monte
Community
Development
Department, Building
and Safety Division
MM GHG-8: Non-Diesel Off-road And Emergency Equipment. Prior to the issuance of a tenant occupancy permit for the warehouse, the City of South El Monte Community Development Department, Building and Safety Division shall confirm that the Project plans and specifications show the following:
 All outdoor cargo handling equipment (including yard trucks, hostlers, yard goats, pallet jacks, and forklifts) are zero emission/powered by electricity. The building shall include the necessary charging stations for cargo handling equipment. Note that SCAQMD Rule 2305 (Warehouse Indirect Source Rule) Warehouse Prior to the issuance of
a tenant occupancy
permit for the
warehouse
Verify compliance on
Project plans
Project Applicant
City of South El Monte
Community
Development
Department, Building
and Safety Division

South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program
City of South El Monte 14
South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program Standard Conditions; Mitigation Measures; Laws, Ordinances and Regulations Implementation Timing Monitoring/
Reporting Method
Responsible Party for
Implementation/
Approval
Verification
Date Initials
Actions and Investments to Reduce Emissions (WAIRE) points may be earned for electric/zero emission yard truck/hostler usage. This mitigation measure applies only to tenant improvements and not the building shell approvals.
 Any and all standard emergency generators shall meet California Air Resources Board Tier 4 Final emissions standards. A copy of each unit’s Best Available Control Technology (BACT) documentation (certified tier specification) and CARB or SCAQMD operating permit (if applicable) shall be provided to the City.

This mitigation measure is only applicable to the warehouse.

MM GHG-9: Water Use Efficiency and Conservation Plan. The Project Applicant or designee shall implement a Water Use Efficiency and Conservation Plan that includes the following minimum requirements:

Indoor Conservation Features and Operations:
 Install low-flow Fixtures: Install low-flow toilets at 1.28 gallons per flush, faucets at 1.2 gallons per minute, showerheads at 1.8 gallons per minute, kitchen faucets at 1.8 gallons per minute. In common areas, install faucets at 0.5 gallon per minute and urinals at max of 0.25 gallon per minute/flush. (These fixtures use less water while maintaining efficient performance.)
 Install dual-flush toilets: These toilets offer two flush options: one for liquid waste less than 1 gallons per minute and another for solid waste at 1.28 gallons per minute. (This allows the appropriate use of water for flushing needs.)
 Use water-efficient appliances: The Project Applicant or designee shall install energy-efficient and watersaving appliances with the ENERGY STAR label only.  The Project will capture and reuse HVAC condensation: The Project Applicant or designee shall direct condensation from air conditioning units to water plants or for other non-potable uses.  Good housekeeping and regular maintenance: The Project Applicant or designee shall regularly check and maintain plumbing fixtures, irrigation systems, and appliances to ensure they are functioning efficiently and not wasting water.

Outdoor Conservation Features and Operations:
 Install only “Smart Irrigation Systems” for community landscaping: The Project Applicant or designee shall use smart sprinkler systems that adjust watering schedules based on weather conditions, soil moisture, and plant needs to avoid over or wasteful watering. The Project Applicant or designee shall also incorporate seasonal specific controls to ensure watering occurs during the most efficient times of day.

Condition of issuance of
Building Permit
Confirmation prior to
Certificate of
Occupancy
Review of Water Use
Efficiency and
Conservation Plan
On-site inspection
Project Applicant
City of South El Monte
Community
Development
Department, Building
and Safety Division

South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program
City of South El Monte 15
South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program Standard Conditions; Mitigation Measures; Laws, Ordinances and Regulations Implementation Timing Monitoring/
Reporting Method
Responsible Party for
Implementation/
Approval
Verification
Date Initials
 Adjustable Water Pressure Regulator: The Project Applicant or designee shall install pressure regulators to maintain optimal water pressure, preventing overuse and leaks.  Drought-tolerant landscaping: The Project Applicant or designee shall include native and drought-tolerant vegetation that requires less water to thrive and is known to survive in the City of South El Monte. The Project Applicant or designee shall replace drought-tolerant landscaping if it dies through enforceable Project CC&Rs.

This mitigation measure is applicable to the warehouse and City park (i.e., restroom facilities and landscaped areas).

4.9: Hydrology and Water Quality
SC HYD-1: Prior to issuance of any grading or demolition permits, the Applicant shall provide the City Building and Safety Division evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resources Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site.

Prior to issuance of any
grading or demolition
permits
Verify permit Project Applicant
City of South El Monte
Community
Development
Department, Building
and Safety Division
SC HYD-2: Prior to issuance of the first grading permit, the Applicant shall submit to the City Engineer for approval, a Standard Urban Stormwater Mitigation Plan (SUMP) in compliance with South El Monte Municipal Code Section 8.44.110, specifically identifying Best Management Practices (BMPs) that shall be incorporated into the Project to control storm water and non-storm water pollutants during and after construction. To ensure compliance, a legal and fiduciary enforcement mechanism in the form of a SUMP shall be executed with the City. This agreement shall additionally be recorded in the office of the County Recorder for the County of Los Angeles. It shall specify BMPs specific to the project site, which shall be integrated into the storm water conveyance plan.

Prior to issuance of the
first grading permit
Verify compliance on
project plans
Project Applicant
City of South El Monte
Engineer
County Recorder for
the County of Los
Angeles
MM HYD-1: Groundwater Dewatering Permits. Prior to initiation of excavation activities, the Project Applicant shall obtain coverage under the Los Angeles Regional Water Resource Control Board (RWQCB) Waste Discharge Requirements for Discharges of Groundwater from Construction and Project Dewatering to Surface Waters in Coastal Watersheds of Los Angeles And Ventura Counties (Order No. R4-2023-0429, NPDES No. CAG994004), or any other subsequent permit for dewatering activities, and provide evidence of coverage to the City of South El Monte Building and Safety Department. This shall include submission of a Notice of Intent (NOI) for coverage Prior to initiation of
excavation activities
Verify permit Project Applicant
City of South El Monte
Community
Development
Department, Building
and Safety Division

South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program
City of South El Monte 16
South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program Standard Conditions; Mitigation Measures; Laws, Ordinances and Regulations Implementation Timing Monitoring/
Reporting Method
Responsible Party for
Implementation/
Approval
Verification
Date Initials
under the permit to the Los Angeles RWQCB at least 45 days prior to the start of excavation activities and anticipated discharge of dewatered groundwater to surface waters. Groundwater dewatering activities shall comply with all applicable provisions in the permit, including water sampling, analysis, treatment (if required), and reporting of dewatering-related discharges. Upon completion of groundwater dewatering activities, a Notice of Termination shall be submitted to the Los Angeles RWQCB.

Noise
SC NOI-1: Prior to issuance of a building permit, the applicant shall demonstrate, to the satisfaction of the City of South El Monte Building Official or Chief Engineer, that the construction contracts include the following:
 Noise Shielding and Muffling. The Project will include the installation of noise dampening material and muffling devices consistent with manufacturer’s standards or the Best Available Control Technology. Noise dampening material will be installed in equipment hoods, shielding engine noise. Mufflers will be installed on equipment exhaust. All equipment will be properly maintained, and the construction contractor will be required to keep documentation on-site during any earthwork or construction activities demonstrating that the equipment has been maintained in accordance with manufacturer’s specifications.  Enclosure of Outdoor Mechanical Equipment. All stationary outdoor mechanical equipment (e.g., generators, compressors) used during construction will be enclosed to reduce the level of noise between the equipment and off-site noise-sensitive uses.
 Location of Construction Staging Areas. Construction staging areas will be located as far from noisesensitive uses as reasonably possible and technically feasible in consideration of site boundaries, topography, intervening roads and uses, and operational constraints.

Prior to issuance of a
building permit
Ongoing during any
earthwork or
construction activities
Verify compliance on
construction contracts
Project Applicant
City of South El Monte
Building Official or
Chief Engineer
MM NOI-1: Prior to issuance of a building permit, the applicant shall demonstrate, to the satisfaction of the City of South El Monte Building Official or Chief Engineer, that the construction contracts include the installation of a 10-foot-high temporary construction noise barrier along the portion of the southwest project site boundary line that is within approximately 20 feet of the office/commercial uses within Whittier Narrows Recreation area (as depicted in Figure 4.11-3 of the EIR). The temporary construction noise barrier shall have a sound transmission class (STC) of 25 or greater in accordance with the American Society for Testing and Materials (ASTM) Test Method E90, or a density of at least two pounds per sf to ensure adequate transmission loss characteristics. To achieve this, the barrier may consist of steel tubular framing, welded joints, a layer of 18-ounce tarp, a two-inch thick fiberglass blanket, a half-inch thick weatherwood asphalt sheathing, and 7/16- inch sturdy board siding. An alternate design may be proposed by the applicant provided that the noise Prior to issuance of a
building permit
Ongoing during any
earthwork or
construction activities
Verify compliance on
construction contracts
Project Applicant
City of South El Monte
Building Official or
Chief Engineer

South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program
City of South El Monte 17
South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program Standard Conditions; Mitigation Measures; Laws, Ordinances and Regulations Implementation Timing Monitoring/
Reporting Method
Responsible Party for
Implementation/
Approval
Verification
Date Initials
attenuation requirements above are met. The temporary construction noise barrier shall be free of degrading holes or gaps and shall be designed to prevent structural failure due to factors such as wind, shear, shallow soil failure, earthquakes, and erosion.

Public Services
SC PS-1: Prior to issuance of building permits, the Los Angeles County Sheriff’s Department (LASD) shall review development plans for the incorporation of defensible space concepts. Public safety planning recommendations shall be incorporated into the Project plans. The Applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. The LASD shall review and approve all defensible space design features incorporated into the Project prior to initiating the building plan check process.

Prior to issuance of
building permits
Verify compliance on
Project plans
Project Applicant
Los Angeles County
Sheriff’s Department
(LASD)
City of South El Monte,
Community
Development
Department, Planning
Division
SC PS-2: Prior to the issuance of the first grading permit and/or action that would permit site disturbance, the Applicant shall provide evidence to the Los Angeles County Sheriff’s Department (LASD) that a construction security service or equivalent service shall be established at the construction site along with other measures, as identified by the LASD, to be instituted during the grading and construction phase of the Project.

Prior to the issuance of
the first grading permit
and/or action that
would permit site
disturbance
Verify compliance on
Project plans
Project Applicant
Los Angeles County
Sheriff’s Department
(LASD)
City of South El Monte,
Community
Development
Department, Planning
Division
Tribal Cultural Resources
MM TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. The project applicant/City of South El Monte shall retain a Native American Monitor approved by the Gabrieleño Band of Mission Indians – Kizh Nation, the Gabrielino Tongva Indians of California, and any other consulting tribes. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the Project inclusive of the warehouse and future City park at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, Monitor shall be
retained prior to
commencement of any
“ground-disturbing
activity”
Executed monitoring
agreement
Daily monitoring logs
Written documentation of
the conclusion of
monitoring
Project Applicant
Consulting tribes
Native American
Monitor
City of South El Monte,
Community

South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program
City of South El Monte 18
South El Monte Athletic Fields and Business Park Project Mitigation Monitoring and Reporting Program Standard Conditions; Mitigation Measures; Laws, Ordinances and Regulations Implementation Timing Monitoring/
Reporting Method
Responsible Party for
Implementation/
Approval
Verification
Date Initials
such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.

A copy of the executed monitoring agreement shall be submitted to the City of South El Monte (lead agency) prior to the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.

The monitor shall complete daily monitoring logs that shall provide descriptions of the relevant grounddisturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs shall identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods.

Copies of monitor logs shall be provided to the project applicant/lead agency upon written request to the Tribe.

On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Gabrieleño Band of Mission Indians – Kizh Nation, the Gabrielino Tongva Indians of California, and any other consulting tribes from a designated point of contact for the project applicant/City of South El Monte that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the consulting tribes to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact TCRs.

Monitoring during
ground disturbing
activity
Development
Department, Planning
Division
MM TCR-2: Discovery of Tribal Cultural Resources. Upon discovery of any tribal cultural resources (TCRs), all construction activities in the immediate vicinity (i.e., not less than the surrounding 50 feet) of the discovery shall cease. The Gabrieleño Band of Mission Indians – Kizh Nation, the Gabrielino Tongva Indians of California, and any other consulting tribes shall be immediately informed of the discovery, and the Native American Monitor shall promptly evaluate the TCR. The City shall consult with the Gabrieleño Band of Mission Indians – Kizh Nation, the Gabrielino Tongva Indians of California, and any other consulting tribes to determine the appropriate treatment and/or final disposition for the TCR, which may include one of the following options:
preservation in place/avoidance, on-site reburial/relocation, data recovery/excavation, curation, or transfer to the consulting tribes. No project construction activities shall resume in the surrounding 50 feet of the discovered TCR unless and until its assessment/evaluation/recovery has been completed.

During grounddisturbing and
excavation activities
Field evaluation by Native
American Monitor
Consultation with
consulting tribes
Assessment/determination
of appropriate treatment
Consulting Tribes
Native American
Monitor
City of South El Monte,
Community
Development
Department, Planning
Division

PLANNING COMMISSION
RESOLUTION NO. 26-03

A RESOLUTION OF THE SOUTH EL MONTE PLANNING
COMMISSION APPROVING SUBDIVISION NO. 23-01,
TENTATIVE PARCEL MAP NO. 084463, TO SUBDIVIDE ONE

PARCEL INTO TWO SEPARATE LOTS IN THE CITY OF SOUTH
EL MONTE AT 825 LEXINGTON-GALLATIN ROAD
WHEREAS, Magellan Value Partners (“Applicant”), filed an application for a Subdivision (SUBPRE No. 23-01) to subdivide one parcel into two separate lots in order to allow for the future development of an approximately 10.7-acre public city park by the City of South El Monte (“City”) (“City Park Project”) and development of an approximately 221,815 square-foot industrial building on an approximately 10.5-acre lot (“Project”) located at 825 Lexington-Gallatin Road, South El Monte, CA (“Property”) into two separate lots (“Subdivision”). The legal description of the Property will change following recordation of the Final Map. For purposes of this Tentative Parcel Map approval, the term “Project Site” means the portion of the Property upon which the Project will be located and does not include the approximately 10.5-acre portion of the Property that is proposed to be developed by the City as part of the City Park Project.

WHEREAS, pursuant to the proposed Development Agreement for the Project, the approximately 10.7-acre lot will be donated by the Applicant to the City for the future development of the City Park Project upon satisfaction of certain conditions precedent, as specified therein, pursuant to a Public Open Space Donation Agreement by and between the Applicant and the City.

WHEREAS no Subdivision is required for the Public Open Space Donation pursuant to the governmental agency conveyance exemption under the Subdivision Map Act (Government Code Section 66428(a)(2)) and City Municipal Code Section 16.08.010(H). Even so, the Subdivision has been deemed desirable by the Applicant and the City.

WHEREAS, concurrently herewith, Applicant has filed applications for: a General Plan Amendment (No. 23-03) and Zone Change (No. 23-01) and Conditional Use Permit (No. 23-07); and
WHEREAS, pursuant to South El Monte Municipal Code (“SEMMC”) Section 16.04.015, the Project, in part, requires Planning Commission review and approval because the Project consists of a Tentative Parcel Map application; and
WHEREAS, a public hearing was held before the Planning Commission on February 24, 2026, to consider the application. All evidence, both written and oral including the staff report and all related documents, presented during said public hearing was considered by the Planning Commission in making its determination.

THE PLANNING COMMISSION OF THE CITY OF SOUTH EL MONTE HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

Resolution No. 26-03

SECTION 1: The Planning Commission of the City of South El Monte hereby finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2: Pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (“CEQA Guidelines” and California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines, an Environmental Impact Report (“EIR”) was prepared for the Project because it was determined there was substantial evidence that approval of the Project may have significant environmental impacts, with mitigation measures. Accordingly, the City prepared a Draft EIR in accordance with CEQA and the CEQA Guidelines, which was made available for public review and comment from August 28, 2025, to October 13, 2025. Pursuant to Section 15074(b) of the CEQA Guidelines, the Planning Commission independently reviewed and considered the contents of the Final EIR, which includes the Draft EIR, Responses to Comments, and the Mitigation Monitoring and Reporting Program (“MMRP”). Pursuant to the Planning Commission’s adoption of Resolution No. 26-02, the Planning Commission recommends approval by the City Council to certify the Final EIR, adopt CEQA Findings of Fact, and adopt a Statement of Overriding Considerations for the Project in compliance with CEQA and the CEQA Guidelines.

The Final EIR (State Clearinghouse No. 2024070062), with supporting studies, is incorporated herein by reference, and can be found on the City’s website. A copy of the Final EIR can be found at the State Clearinghouse, and at the City’s Community Development Division. The documents and other materials, which constitute the record on which this decision is based, are maintained by the City’s Department of Community Development.

SECTION 3: A record of the public hearing indicates the following:

A. With regard to the application for Vesting Tentative Parcel Map No. 084463 (“TPM”), attached hereto as Exhibit “A”, SEMMC Section 16.16.025 provides that the Planning Commission shall not approve a tentative map where:
i. The proposed subdivision, including design and improvements, is not consistent with the general plan or any applicable specific or precise plan. The General Plan Land Use designation for the Property upon approval by the City Council of General Plan Amendment No. 23-03 will be “Commercial-Manufacturing”. The Project is permitted under that General Plan Land Use designation. The City Park Project, including athletic fields, is permitted under both the existing and proposed General Plan Land Use designations. There is no Specific Plan that applies to the Property.
ii. The site is not physically suitable for the type or proposed density of development.

The grade of the Property is flat and suitable for the Project and can support new development as proposed or in accordance with city regulations. iii. The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or injure fish or wildlife or their habitat. The Property is undeveloped and covered by non-native grasses with sparse patches of ornamental vegetation. The Final EIR prepared for the Project and the City Public Park Project did not identify any threatened or endangered species on the Property

Resolution No. 26-03

but nevertheless includes seven (7) required mitigation measures for biological resources requiring stadium light shielding features for the future City Public Park Project, pre-construction surveys for burrowing owl and pallid bat, construction best management practices to avoid impacts to special-status species, purchase of grassland habitat at an approved mitigation bank, and compliance with the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC) Sections 3503, 3503.5, and 3513. Implementation of those seven (7) mitigation measures will reduce any potential impacts on biological resources to a less than significant level.
iv. The design of the subdivision or type of improvements is likely to cause serious public health problems. As articulated in the Final EIR for the Project before the Planning Commission (Resolution No. 26-02), the CEQA analysis in the Final EIR to be certified by the City Council determined mitigation measures addressing potential significant impacts and the findings in the Statement of Overriding Considerations to be adopted by the City Council address the significant and unavoidable greenhouse gas (GHG) emissions impacts, which are not likely to cause serious public health problems.
v. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. The city may approve the subdivision if the city finds that the subdivider will provide alternate easements for access or use that are substantially equivalent to the easements previously acquired by the public. This subsection shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction. There are no conflicts of existing easements since the Applicant incorporated these easements into the design of the Project.
vi. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. Per the Final EIR, a sewer study was conducted and found that no violations would occur. vii. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the city engineer that the subdivider can correct such conditions. All preliminary reports were submitted to the satisfaction of the City and will be confirmed by the City Engineer.
viii. The proposed subdivision is not consistent with all applicable provisions of the municipal code and the Subdivision Map Act. Staff has determined that the Project meets all the requirements of the Subdivision Map Act as well as Title 16 (Subdivisions) of the SEMMC as detailed in the Staff Report.

B. The Project promotes the City’s goals and objectives stated in the General Plan as detailed in Section 4. No goal or policy will be impaired.

C. The subdivision of one parcel into two separate lots with public park facilities and

Resolution No. 26-03

industrial uses as designed and conditioned will not become a nuisance to surrounding properties.

SECTION 4: Based on the record of the hearing, including all information presented at the hearing, including the Staff Report dated February 24, 2026, which is hereby incorporated into this Resolution 26-03 by reference, the Planning Commission hereby finds:

A. As conditioned below at Section 7, the Project meets the requirements of the SEMMC, including Title 16, and will not be detrimental to the public health, safety or welfare, nor will it adversely affect nearby properties or the present or future development of the surrounding areas. The conditions that are included in this resolution, as well as the fact that many of the surrounding parcels include a range of uses including public parks, residential, industrial and commercial uses, ensure that this will hold true in the future.

B. As conditioned, the Project is consistent with the City’s General Plan, provided the City Council accepts Planning Commission’s recommendation in Resolution No. 26-02 (certifying the Project EIR, approving General Plan Amendment No. 23-03 and Zone Change No. 23.-01).

The proposed Project is compatible with the objectives, policies, general land uses, economic development and programs specified in the General Plan which includes, but is not limited to, the following goals:

Land Use Element
(1) Goal 1.0: Maintain a balanced mix and distribution of land uses throughout South El Monte. Allowing for the development of a long vacant property into a productive industrial use would expand and diversify the economic and employment opportunities in the City. Pursuant to the Development Agreement for the Project, it will also provide for the opportunity for needed recreational and open space to serve residents in the City via the City Park Project. (2) Policy 1.5: Continue to provide opportunities for establishment and expansion of a broad range of industrial businesses within those areas of the City designated for industrial. The new development will serve the area by creating a sole location for new industrial businesses to establish their operations within the area. This new development along with the General Plan Amendment and Zone Change will allow new industrial businesses to flourish in the City in an appropriate location within close proximity to State Route 60.
(3) Goal 2: Focus new revenue-generating development in those areas of the City with high visibility. The proposed Project will utilize a vacant parcel and provide a new revenue-generating industrial development with close access to the State Route 60.
(4) Goal 3.0: Accommodate new development that is compatible with and complements existing land uses. The proposed Project would allow for the establishment of a new industrial building in an underutilized site that is compatible with the adjacent uses around Santa Anita Avenue.

Resolution No. 26-03

(5) Goal 6.0: Provide for the revitalization of deteriorating land uses and properties.

The new development will not only provide a new industrial building on a property that has lain vacant for many years and will also provide off-site public improvements and will improve the Property’s flood storage capacity via Storage Basin improvements (as defined in the EIR and Development Agreement for the Project) in the United States Army Corps of Engineers (USACE) easement area.

Pursuant to the proposed Development Agreement for the Project, the Project will also allow for the City Public Park Project. These public and private improvements will revitalize the surrounding area.

Resources Element
(1) Goal 1: Provide local public park space at a ratio of two acres of park land per 1,000 City residents. This desired ratio is not currently met. Once developed by the City, the City Public Park Project facilitated by the proposed Development Agreement for the Project will result in a net increase of park space of approximately 10.7 acres.
(2) Goal 2.0: Provide a comprehensive recreation program, adequate facilities, and proper maintenance of the parks and recreational facilities in the City. The City Public Park Project facilitated by the proposed Development Agreement for the Project will increase the range of park and recreational facilities and programming in the City once developed by the City.

SECTION 5: Concurrently with the approval of the Tentative Parcel Map, the Applicant is requesting the approval of a Zone Change (No. 23-01) and General Plan Amendment (No. 23- 03) which requires final approval by City Council. Thus, the Planning Commission’s approval of this Subdivision will be contingent on the approval of the General Plan Amendment and Zone Change by City Council and shall not be effective until such approval by the City Council. The Planning Commission’s approval of this Subdivision is also contingent on the City Council’s certification of the Final EIR, adoption of CEQA Findings of Fact, and adoption of a Statement of Overriding Considerations for the Project and shall not be effective until such actions are taken by the City Council, which are prerequisites to City Council approval of the Zone Change and General Plan Amendment.

SECTION 6: Exhibits “A” and “B” hereto are incorporated herein by reference.

SECTION 7: Based on the aforementioned findings, the Planning Commission hereby approves Subdivision No. 23-01, Tentative Parcel Map No. 084463, subject to the following conditions:

General Conditions

1. The Applicant and the business entity allowed for hereunder shall indemnify, defend, and hold harmless the City, its officers, agents, employees, and volunteers from any and all claims, lawsuits, or actions arising from the granting of, or the exercise of, the rights permitted by this approval, and from any and all claims or losses occurring or resulting to

Resolution No. 26-03

any person, firm, corporation, or property for damage, injury, or death arising out of, or connected in anyway, with the performance of the use permitted hereby. The Applicant’s obligation to indemnify, defend, and hold harmless the City shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and any award of damages or attorney’s fees in any such lawsuit or action.

2. The Applicant and the business entity allowed for hereunder shall execute an Affidavit of Acceptance of these conditions in the presence of a Notary Public and return the Affidavit to the Director of Community Development & Public Works within 20 calendar days of the date of the City Council’s approval of the Zone Change (No. 23-01) and General Plan Amendment (No. 23-03) for the Project.

3. The Subdivision approval shall lapse and become void if the privilege authorized is not utilized or where some form of construction pursuant to issuance of a building permit has not commenced within two years from the date of this approval or per the Development Agreement, whichever is longer.

4. Applicant and its employees, agents and contractors shall comply with all Municipal Code provisions, and county, state and federal regulations applicable to the project.

Planning Conditions

5. All buildings and walls must be finished with graffiti resistant materials. Any graffiti painted or marked upon the Property or on any adjacent area under the control of the Applicant shall be removed or painted over within 48 hours of discovery or notice from the City.

6. The Property shall be maintained in a safe and clean condition and the Applicant shall ensure that no trash or litter originating from the site is deposited on neighboring properties or the public right-of-way. At the end of each business day, the Applicant shall pick up any and all litter including but not limited to large, discarded items that may have collected in the Property’s parking area and public right-of-way.

7. The Applicant shall maintain all required permits and licenses in good standing.

8. The Applicant understands that any violation of the foregoing conditions shall be grounds for the suspension, modification, or revocation of the Conditional Use Permit.

9. The construction site shall always be kept in a clean manner prior, during, and after construction.

10. The Applicant shall develop the Property as shown in the site plan and landscaping plan approved by the City Council.

11. The Applicant shall provide a detailed landscape and irrigation plan, prepared by a registered Landscape Architect to the Director of Community Development & Public

Resolution No. 26-03

Works for review and approval prior to submitting the plans to the Building Division.

12. The Applicant shall install drought tolerant landscaping in strict compliance with a landscape plan prepared by a Landscape Architect drawn at a minimum scale of 1”=10’ which will include all proposed softscape elements (included areas of ornamental plantings and turf areas), with the perimeter planting design for the exterior of building. The Applicant shall incorporate the following into the landscape plan:
a. Enclose all planters within parking lot areas with raised six-inch P.C.C. curbs, except at sidewalks, or as approved for stormwater retention plan. b. Provide an automated underground irrigation system for all landscaped areas. c. Provide adequate landscaping to completely screen all ground mounted mechanical equipment.

13. All exterior doors shall be lit with a minimum of one-foot candle power of intensity and constructed of tamper-resistant fixtures.

14. The Applicant shall have no outside storage of material or equipment during or after hours in the required parking lot areas or near the front entrance of the Property visible from Lexington-Gallatin Road.

15. There shall be no loading or unloading of materials on the public right of way (LexingtonGallatin Road).

16. There shall be no queuing or parking of vehicles on or along Lexington-Gallatin Road as a result of this development.

17. At no time shall the site store inoperable freight trucks or vehicles in its parking areas either within the vehicle spaces or the freight truck spaces.

18. No repair of vehicles or freight trucks shall occur at any time.

19. All exterior lights on the property shall be LED and shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and/or the public right of way.

20. For security purposes, lighting shall be place in such a way as to illuminate the area surrounding the trash enclosure(s), transformer, and all vehicle parking spaces. This lighting shall be un-switched and photo sensor controlled.

21. Any bollards on the site visible from the public right of way shall be decorative in nature and shall be approved by the Director of Community Development & Public Works or designee.

22. Noise generated from the site shall comply with the South El Monte Municipal Code 8.20.

23. The applicant shall incorporate a copy of these conditions of approval and mitigation measures into the approved set of building plans.

Resolution No. 26-03

24. The final subdivision parcel map shall be finalized and recorded prior to the issuance of building permits, unless the City Attorney determines that a final subdivision parcel map is not required.

25. The applicant understands and agrees that if changes to the original plans (as approved and on file) are required during construction, revised plans shall be provided to the Community Development Department for review and approval prior to the implementation of such changes. Please note that certain changes may also require approvals from other departments/agencies.

26. Subdivision No. 23-01 shall be null and void if General Plan Amendment No. 23-03 and Zone Change 23-01 were to be denied by the City Council.

Public Works Conditions
The following are Engineering/Public Works conditions and shall be incorporated into submittal plans, show the conditions on site plans and on grading plans (No handwritten notes, stickers etc. shall be accepted).

PW1. The second sheet of building plans, grading plans and/or offsite improvement plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check.

PW2. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following:
a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials; c) The approval of soils to be used as fill material;
d) Inspection of compaction and placement of fill;
e) The testing of compacted fills; and
f) The inspection of review of drainage devices.

PW3. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation.

PW4. A grading and drainage plan shall be approved prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water.

PW5. LID review shall be completed prior submitting grading plans for plan review. Grading plans shall be submitted including the proof of approval of LID or exemption of LID.

Resolution No. 26-03

PW6. Install new driveway approach in accordance with SPPWC Standard Plan 110-2, and as directed by the City Engineer or his/her designee. No portion of the driveway and/or parkway drain shall encroach to the frontage of the adjacent property.

PW7. Install new concrete sidewalk behind landscaped parkway along the length of the property frontage in accordance with SPPWC Standard Plan 113-2, and as directed by the City Engineer and/or his/her designee.

PW8. Install an irrigation system and landscape the designated parkway area, and as directed by the City Engineer and/or his/her designee.

PW9. Install new curb and gutter along the length of the property frontage in accordance with SPPWC standard plan 120-2, and as directed by the City Engineer or his/her designee.

PW10. Relocate vault from the sidewalk as directed by the City Engineer or his/her designee.

PW11. Rehabilitate existing AC street pavement along the length of the property frontage to the centerline of the street as directed by the City Engineer or his/her designee.

PW12. Underground all utility services to the property.

PW13. Sewer Study shall be reviewed and approved by the City Engineer or his/her designee, prior to the issuance of permits. If sewer is found to be inadequate, sewer improvement plans shall be submitted to the City for approval and required improvements shall be made at the sole cost to the property owner/developer.

PW14. Project shall be reviewed and approved by the City Traffic Engineer, prior to the issuance of permits. Any mitigation measures shown on the traffic study if any shall be made at the sole cost to the property owner/developer.

PARCEL MAP REQUIREMENTS
PW15. A final parcel map prepared by or under the direction of a registered civil engineer or licensed land surveyor shall be submitted to and approved by the City prior to being filed with the Los Angeles County Recorder.

PW16. A soils report is required.

PW17. A preliminary parcel map guarantee shall be provided which indicates all trust deeds (to include the name of the trustee), all easement holders, all fee interest holders, and all interest holders whose interest could result in a fee. The account for this title report shall remain open until the final parcel map is filed with the Los Angeles County Recorder.

PW18. Easements shall not be granted or recorded within any area proposed to be dedicated, offered for dedication, or granted for use as a public street, alley, highway, right of access,

Resolution No. 26-03

building restriction, or other easements until after the final parcel map is approved by the City and filed with the Los Angeles County Recorder; unless such easement is subordinated to the proposed dedication or grant. If easements are granted after the date of tentative approval, a subordination shall be executed by the easement holder prior to the filing of the final parcel map.

PW19. Monumentation of parcel map boundaries, street centerlines, and lot boundaries is required if the map is based on a field survey.

PW20. All conditions from City Departments and Divisions shall be incorporated into the parcel map prior to submitting the parcel map for review.

PW21. In accordance with California Government Code Sections 66442 and/or 66450, documentation shall be provided indicating the mathematical accuracy and survey analysis of the parcel map and the correctness of all certificates. Proof of ownership and proof of original signatures shall also be provided.

PW22. Proof of Tax clearance shall be provided at the time of parcel map review submittal.

PW23. Upon submittal of the parcel map for review by the City, a letter signed by both the subdivider and the engineer shall be provided which indicates that these individuals agree to submit five (5) blueprints and one sepia mylar of the recorded map to the City Public Works Department.

PW24. A reciprocal easement for ingress and egress, sanitary sewer, utility, drainage, water shall be provided for each property that does not front on or have direct access to the public way.

Services to each property shall be underground and shall be located in a trench within this easement.

Building Division Conditions
B1. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Commission and City Council Resolutions.

This information shall be incorporated into the plans prior to the first submittal for plan check.

B2. Plans prepared in compliance with the current Building Code shall be submitted to Building Division for review prior permit issuance.

B3. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit.

B4. The building shall be addressed as 825 Lexington-Gallatin RD, and an application to assign unit numbers shall be filed with the City prior to plan check submittal.

Resolution No. 26-03

B5. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect.

B6. Structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided.

B7. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following:
a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials; c) The approval of soils to be used as fill material;
d) Inspection of compaction and placement of fill;
e) The testing of compacted fills; and
f) The inspection of review of drainage devices.

B8. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by other soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the City, a new Preliminary Soils and/or Geotechnical Investigation.

B9. A grading and drainage plan shall be approved prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water.

B10. Stormwater Planning Program LID Plan Checklist (MS4-1 FORM) completed by Engineer of Record shall be copied on the first sheet of Building Plans and on the first sheet of Grading Plans. The form can be found at the following link
https://www.dropbox.com/scl/fi/xliqonam5j4jro5oklnw4/MS4-Permit-LIDDetermination-Form.pdf?rlkey=zr7tu632u2staheexj6vqvxvg&dl=0 B11. Prior to submitting grading plans to Engineering Department, LID review shall be completed and approved.

B12. All State of California disability access regulations for accessibility shall be complied with.

B13. The property shall be surveyed, and the boundaries marked by a land surveyor licensed by the State of California.

Resolution No. 26-03

B14. Foundation inspection will not be made until the excavation has been surveyed and the setbacks determined to be in accordance with the approved plans by a land surveyor licensed by the State of California. THIS NOTE IS

TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT
LOCATION.

B15. Separate application and plan review is required for Electrical plans.

B16. Separate application and plan review is required for Mechanical plans.

B17. Separate application and plan review is required for Plumbing plans.

B18. Plumbing fixtures shall be provided as required by the Chapter 4 of the California Plumbing Code. Additional fixtures may be required if not in compliance.

B19. Project shall comply with the CalGreen Non-Residential mandatory requirements.

B20. Prior to the issuance of building permit, a written consent shall be obtained from the current easement holder(s) for any proposed development encroaching into existing easement(s).

B21. All fire sprinkler hangers must be designed, and their location approved by an engineer or an architect. Calculations must be provided indicating that the hangers are designed to carry the tributary weight of the water filled pipe plus a 250-pound point load. A plan indication this information must be stamped by the engineer or the architect and submitted for approval prior to issuance of the building permit.

B22. Separate permit is required for Fire Sprinklers.

B23. Building permits shall not be issued until the final map has been prepared to the satisfaction of the Building Official.

Los Angeles County Fire Department Conditions

1. Submitted plans shall correspond with the plans approved by the County of Los Angeles Fire Department Fire Prevention Division Land Development Unit.

2. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky.

3. The Final Map shall be submitted to the Land Development Unit for review and approval prior recordation.

Resolution No. 26-03

4. The driveways required for Fire Apparatus Access Roads shall be indicated on the Final Map as "Private Driveway and Fire Lane" with the widths clearly depicted.

5. Fire hydrant improvement plans shall be submitted for review and approval prior to the clearance of the final map.

6. Review and approval by the County of Los Angeles Fire Department, Fire Prevention Engineering Section Building Plan Check Unit may be required for this project prior to building permit issuance. Please contact the Fire Prevention Engineering Section at (323) 890-4125 for information on EPICLA submittals.

County of Los Angeles Sheriff’s Department Conditions

1. The Department recommends that the principles of Crime Prevention through Environmental Design (CPTED) are incorporated in the design plans. The goal of CPTED is to reduce opportunities for criminal activities by employing physical design features that discourage anti-social behavior, while encouraging the legitimate use of the site. The overall tenant of CPTED include defensible space, territoriality, surveillance, lighting, landscaping, and physical security. The Department recommends installation of security cameras to reduce opportunities for criminal activities, where feasible.

2. The proposed Project will benefit from a landscaping maintenance program that would minimize opportunities for individuals to hide. The Station also recommends limiting the height of hedge-type plants around security gates that would allow visibility from the street.

Trees should not block building addresses from street patrol car line of sight.

3. The installation of security cameras for a video monitoring system and building lights with motion sensors is beneficial, where feasible. Appropriate gate hardware such as keypad/keycard access and automatic gate closers can be implemented where feasible to limit unauthorized access and for easy monitoring. In addition, the proposed locations of exterior building security cameras shall be considered in areas where law enforcement can adequately identify vehicle license plates upon entry/exit into the proposed Project with adequate lighting to enhance visibility. Installation of security cameras inside the secured area, at each entry/exit points, at the loading dock, at the rear and at the office, along with interior keypad/keycard access should be considered where feasible. An alarm system is also recommended to discourage criminal activity and generate response calls. Alarms should be considered to be installed on all access points and fences, with motion detection on the interior of the warehouse & office.

4. Provide numerical addresses in font size on the corner of the building that can be easily viewed and read from the street.

5. A Construction Traffic Management Plan should also be established as part of the proposed Project to address construction-related traffic congestion and emergency access issues. If temporary lane closures are necessary for the installation of utilities, emergency access should be maintained at all times. Flag persons and/or detours should be provided as needed

Resolution No. 26-03

to ensure safe traffic operations, and construction signs should be posted to advise motorists of reduced construction zone speed limits.

6. Effective traffic and security plans should be developed to address potential issues from criminal activity at the proposed Project site, in coordination with all jurisdictional approvals.

7. The Project Applicant will be required to pay all applicable development fees associated with the Project.

Mitigation Measures

1. The Mitigation Monitoring and Reporting Program, which was prepared for the proposed project and certified by the City Council upon completion of the Environmental Impact Report, shall be made part of the conditions of approval.

2. The applicant and any successor owners shall be responsible for implementing the mitigation measures and conditions of approval and provide all necessary documentation.

SECTION 8: Any interested party may appeal this decision to the City Council pursuant to SEMMC Section 17.03.130.
[SIGNATURES ON FOLLOWING PAGE]

Resolution No. 26-03

ADOPTED this 24th day of February, 2026.
_______________________________________
Chair of the Planning Commission
ATTEST:
________________________________
Secretary, Renee Reyes

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SOUTH EL MONTE )
I, Renee Reyes, Secretary to the Planning Commission of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 26-03 was duly passed and adopted by the Planning Commission of the City of South El Monte at a regular meeting of said Commission held on the 24th day of February 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Secretary, Renee Reyes

Resolution No. 26-03

EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY
The APNs and legal description of the Property will change with the filing of TPM No. 084463

Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright 2021 American Land Title Association. All rights reserved.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 10 of 15
Commitment No. NCS-1215033-SA1

EXHIBIT A
The Land referred to herein below is situated in the City of South El Monte, County of Los Angeles, State of California, and is described as follows:

A PARCEL OF LAND IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, INCLUDING PORTIONS OF LOTS 110 AND 120 OF TRACT NO. 621, AS SHOWN ON THE MAP RECORDED IN BOOK 15, PAGE 182

OF MAPS, A PORTION OF THE RANCHO POTRERO GRANDE AS DESCRIBED IN THE PATENT RECORDED IN BOOK 1, PAGE 3 OF PATENTS AND PORTIONS OF LOTS 1 AND 2 IN BLOCK "K" OF SUBDIVISIONS OF THE RANCHO POTRERO DE FELIPE LUGO AS SHOWN ON THE MAP RECORDED IN BOOK 43, PAGE 43 ET SEQ. OF MISCELLANEOUS RECORDS, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 1 IN BLOCK "K" THAT IS DISTANT THEREON SOUTH 45° 02' 49" WEST 1080.64 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE NORTH 25° 33' 24" WEST 710 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 64° 26' 36" WEST 1200 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID LOT 120 THAT IS DISTANT SOUTH 0° 17' 11" EAST 1180.57 FEET FROM THE NORTHWEST CORNER OF LOT 111 OF SAID TRACT NO. 621; THENCE SOUTH 25° 33' 24" EAST 710 FEET; THENCE NORTH 64° 26' 36" EAST 454.17 FEET TO A LINE AT RIGHT ANGLES TO THE SOUTHEASTERLY LINE OF SAID LOT 2 IN BLOCK "K" WHICH PASSES THROUGH A POINT IN SAID SOUTHEASTERLY LINE THAT IS DISTANT SOUTH 45° 02' 49" WEST 703.50 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT ANGLE LINE SOUTH 44° 57' 11" EAST 247.69 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 2; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOTS 2 AND 1 IN SAID BLOCK "K" NORTH 45° 02' 49" EAST TO THE INTERSECTION OF THAT CERTAIN LINE IN THE SIDELINE OF THE POMONA FREEWAY

AS DESCRIBED IN THAT CERTAIN EASEMENT DOCUMENT TO THE STATE OF CALIFORNIA RECORDED ON AUGUST 27, 1963 AS INSTRUMENT NO. 1546 IN BOOK D2159, PAGE 922 ET SEQ. OF OFFICIAL

RECORDS OF SAID COUNTY, SAID CERTAIN LINE DESCRIBED THEREON AS HAVING A BEARING AND LENGTH OF "NORTH 80° 22' 48" WEST 692.44 FEET"; THENCE ALONG SAID CERTAIN LINE NORTH 80° 22' 48" WEST TO THE NORTHWESTERLY TERMINUS OF SAID LINE AND THE BEGINNING OF A TANGENT CURVE THEREIN CONCAVE SOUTHERLY AND HAVING A RADIUS OF 250.00 FEET; THENCE WESTERLY ALONG SAID TANGENT CURVE TO THE NORTHWEST LINE OF SAID LOT 1; THENCE SOUTHWEST ALONG SAID NORTHWEST LINE TO SAID LINE HAVING A BEARING OF NORTH 25° 33' 24" WEST AND WHICH PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE NORTH 25° 33' 24" WEST 14.55 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION LYING NORTHEASTERLY OF THAT CERTAIN LINE AND ITS NORTHWESTERLY AND SOUTHEASTERLY PROLONGATIONS THEREOF DESCRIBED ABOVE AS "NORTH 25° 33' 24" EAST 710 FEET".

ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHWESTERLY AND WESTERLY OF THE SOUTHEASTERLY AND EASTERLY LINE OF THE 80 FOOT STRIP OF LAND KNOWN AS SANTA ANITA AVENUE AND DESCRIBED IN PARCEL 16-4 OF FINAL ORDER OF CONDEMNATION OF SUPERIOR COURT CASE NO. 908.498, A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK D3995, PAGE 73 ON MAY

Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright 2021 American Land Title Association. All rights reserved.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 11 of 15
07, 1968 AS INSTRUMENT NO. 3953 OF OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN PARCELS 16-4D-1, 16-4S.1 AND 16-4S.2 OF FINAL ORDER OF CONDEMNATION OF SUPERIOR COURT CASE NO. 908.498, A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK D3995, PAGE 73 ON MAY 07, 1968 AS INSTRUMENT NO. 3953 OF OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING FROM THE PORTION OF SAID LOT 120 OF TRACT NO. 621 INCLUDED IN THE ABOVE

DESCRIBED LAND, ONE-HALF OF ALL OIL RIGHTS IN AND UNDER SAID LAND, AS RESERVED BY JOE CAGLIERO AND WIFE AND GEORGE VISSIO AND HIS WIFE IN THE DEED RECORDED IN BOOK 18263, PAGE 169 OF OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING FROM THE PORTION OF SAID LAND WHICH WAS FORMERLY REGISTERED LAND,

ONE-HALF OF ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN OR THEREUNDER, AS RESERVED IN THE DEED FROM THOMAS W. BELL, FILED APRIL 08, 1942, IN THE OFFICE OF THE REGISTRAR OF LAND TITLES AS INSTRUMENT NO. 5621-K.

For conveyancing purposes only: APN 8119-005-032

Resolution No. 26-03

EXHIBIT “B”
TENTATIVE PARCEL MAP NO. 084463

EASEMENT NOTES
15 17
19 20
13 12
11 10
16 X

OH OH OH
OH
OH
OH
OH
OH
X
SD
SD
SD
SD
E

X X X X X

UNKNOWN VAULT
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH

OH OH OH
XS
W
W
W
W
W
W
W
W
W
W
W
W
W
S
FW

FM FM FM FM
FM
FM
FM
FM
FM
FM
FM
FM
ASSUMED POC IS AT CENTER OF PIPE FOR 30" AT 211.42 (ASSUMING 208.92 INV OUT FOR 90") FW
FW FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
W
W
W
W
W
W
SANTA ANITA AVE.

LEXINGTON-GALLATIN RD
SANTA ANITA AVE.

This document, together with the concepts and designs presented herein, as an instrument oI service, is intended only Ior the speciIic purpose and client Ior which it was prepared. Reuse oI and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.

No. REVISIONS DATE BY
DATE

AS SHOWN

CHECKED BY
SCALE

DESIGNED BY

DRAWN BY

KHA PROJECT

SOUTH EL MONTE ATHLETIC FIELDS

AND BUSINESS PARK

PREPARED FOR

MVP SOUTH EL MONTE I, LLC
Plotted By:Gutierrez, Kevin Sheet Set:Kha Layout:COVEROctober 16, 2025 06:16:51pmK:\ORA_LDEV\194550001 - whittier narrows - south el monte - lexington rd\CAD\plansheets - onsite\Prelim\Tentative Map.dwg

CITY OF SOUTH EL MONTE CA
194550001
10/16/2025
KG
KG/JM
HS

SHEET NUMBER
OF © 2025 KIMLEY-HORN AND ASSOCIATES, INC.
180 EAST OCEAN BLVD.SUITE 1200
LONG BEACH, CA 90802
(562) 549 -2200
WWW.KIMLEY-HORN.COM

NOT FOR CONSTRUCTION
TENTATIVE PARCEL MAP NO. 084463
825 LEXINGTON-GALLATIN ROAD
SOUTH EL MONTE, CA 91733

SITE INFORMATION
NORTH

LEGAL DESCRIPTION PER TITLE REPORT
Know what's
before you dig.
below. Call 811
R
NORTH

PARCEL AREA
CIVIL ENGINEER:

OWNER/DEVELOPER:

ARCHITECT:

GENERAL NOTES
COVER

OH X X X X X X X X X X X X X X SD SD E X X X X UNKNOWN VAULT OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
S
W
W
W
W
W
W
W
W
W
W
W
W
W

WS S FW FW

FM FM FM FM FM FM FM FM
FM
FM
FM
FM
FM
FM
FM
FM
FM
FM
FM
FM
FW
FW
FW

FW FW FW FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW

FW LEXINGTON-GALLATIN RD
12 19
12 13
13 17
15 16
16 16
10 11

EASEMENT NOTES
LEGEND
15 17
19 20
13 12
11 10
16 X This document, together with the concepts and designs presented herein, as an instrument oI service, is intended only Ior the speciIic purpose and client Ior which it was prepared. Reuse oI and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.

No. REVISIONS DATE BY
DATE

AS SHOWN

CHECKED BY
SCALE

DESIGNED BY

DRAWN BY

KHA PROJECT

SOUTH EL MONTE ATHLETIC FIELDS

AND BUSINESS PARK

PREPARED FOR

MVP SOUTH EL MONTE I, LLC
Plotted By:Gutierrez, Kevin Sheet Set:Kha Layout:Layout1October 16, 2025 06:16:58pmK:\ORA_LDEV\194550001 - whittier narrows - south el monte - lexington rd\CAD\plansheets - onsite\Prelim\Tentative Map.dwg

CITY OF SOUTH EL MONTE CA
194550001
10/16/2025
KG
KG/JM
HS

SHEET NUMBER
OF © 2025 KIMLEY-HORN AND ASSOCIATES, INC.
180 EAST OCEAN BLVD.SUITE 1200
LONG BEACH, CA 90802
(562) 549 -2200
WWW.KIMLEY-HORN.COM

NOT FOR CONSTRUCTION NORTH
TENTATIVE PARCEL MAP NO. 084463
825 LEXINGTON-GALLATIN ROAD
SOUTH EL MONTE, CA 91733
TENTATIVE MAP 1

OH OH OH OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
X
X

X X X X X X X X
SD
SD
OH
OH
OH
OH
OH
OHOH

OH OH OH OH OH OH OH OH OH OH
W
W
W
W
FM
FM
FM
FM
ASSUMED POC IS AT CENTER OF PIPE FOR 30" AT 211.42 (ASSUMING 208.92 INV OUT FOR 90") FW
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SANTA ANITA AVE.
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EASEMENT NOTES
LEGEND
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16 X This document, together with the concepts and designs presented herein, as an instrument oI service, is intended only Ior the speciIic purpose and client Ior which it was prepared. Reuse oI and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.

No. REVISIONS DATE BY
DATE

AS SHOWN

CHECKED BY
SCALE

DESIGNED BY

DRAWN BY

KHA PROJECT

SOUTH EL MONTE ATHLETIC FIELDS

AND BUSINESS PARK

PREPARED FOR

MVP SOUTH EL MONTE I, LLC
Plotted By:Gutierrez, Kevin Sheet Set:Kha Layout:Layout1 (2)October 16, 2025 06:17:03pmK:\ORA_LDEV\194550001 - whittier narrows - south el monte - lexington rd\CAD\plansheets - onsite\Prelim\Tentative Map.dwg

CITY OF SOUTH EL MONTE CA
194550001
10/16/2025
KG
KG/JM
HS

SHEET NUMBER
OF © 2025 KIMLEY-HORN AND ASSOCIATES, INC.
180 EAST OCEAN BLVD.SUITE 1200
LONG BEACH, CA 90802
(562) 549 -2200
WWW.KIMLEY-HORN.COM

NOT FOR CONSTRUCTION NORTH
TENTATIVE PARCEL MAP NO. 084463
825 LEXINGTON-GALLATIN ROAD
SOUTH EL MONTE, CA 91733
TENTATIVE MAP 2

PLANNING COMMISSION
RESOLUTION NO. 26-04

A RESOLUTION OF THE SOUTH EL MONTE PLANNING

COMMISSION APPROVING CONDITIONAL USE PERMIT
(NO. 23-07) ALLOWING FOR THE DEVELOPMENT OF A
221,815 SQUARE-FOOT INDUSTRIAL BUILDING IN THE CITY
OF SOUTH EL MONTE AT 825 LEXINGTON-GALLATIN ROAD
WHEREAS, Magellan Value Partners (“Applicant”) has filed an application for a Conditional Use Permit (“CUP”) to allow for the development of a 221,815 square-foot industrial building (“Project”) on an approximately 10.5-acre portion of the property located at 825 Lexington-Gallatin Road, South El Monte, CA (“Property”). The legal description of the Property attached hereto as Exhibit “A” will change following recordation of the Final Map for the Project, which will establish two separate legal lots on the Property.

WHEREAS, concurrently herewith, Applicant has filed applications for: a General Plan amendment (No. 23-03), Zone Change (No. 23-01), Subdivision (No. 23-01), (Tentative Parcel Map No. 084463); and certification of an Environmental Impact Report.

WHEREAS, pursuant to the proposed Development Agreement for the Project, an approximately 10.7-acre portion of the Property will be donated by the Applicant to the City for the future development of a public park by the City upon satisfaction of certain conditions precedent, as specified therein (“City Park Project”). For purposes of this CUP, the term “Project Site” means the portion of the Property upon which the Project will be located and does not include the approximately 10.5-acre portion of the Property that is proposed to be developed by the City as part of the City Park Project.

WHEREAS, a public hearing was held before the Planning Commission on February 24, 2026, to consider the application. All evidence, both written and oral, presented during said public hearing including the staff report and all related documents were considered by the Planning Commission in making its determination.

THE PLANNING COMMISSION OF THE CITY OF SOUTH EL MONTE HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

SECTION 1: The Planning Commission of the City hereby finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2: Pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines, an Initial Study was prepared to determine the potential environmental effects of the proposed Project, including but not limited to the adoption of a General Plan Amendment and Zone Change.

Based on the information contained in the Initial Study, it was determined there was substantial evidence that approval of the Project may have significant environmental impacts with

Resolution No. 26-04

implementation of required mitigation measures. Accordingly, the City prepared an Environmental Impact Report (“EIR”) and public notices in accordance with State CEQA Guidelines and was made available for public review and comment from August 28, 2025, to October 13, 2025.

Pursuant to Section 15074(b) of said Guidelines, the Planning Commission independently reviewed and considered the contents of the Initial Study and the EIR. Pursuant to the Planning Commission’s adoption of Resolution No. 26-02, the Planning Commission recommends to the City Council to certify the EIR and Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations for the Project in compliance with CEQA Guidelines.

The EIR (State Clearing House No. 2024070062), with supporting studies, is incorporated herein by reference, and can be found on the City’s website. A copy of the EIR can also be found at the State Clearinghouse, and at the City’s Community Development Division. The documents and other materials, which constitute the record on which this decision is based, are maintained by the City’s Department of Community Development.

SECTION 3: A record of the public hearing indicates the following:

A. The application for a CUP, SEMMC Section 17.03.060 requires that the Planning Commission “find that the proposed Project shall not be detrimental to persons or properties in the immediate vicinity nor to the City in general.”
B. The General Plan Land Use designation and Zoning Code designation for the Property upon approval by the City Council of General Plan Amendment No. 23-03 and Zone Change No. 23-01 will be “Commercial-Manufacturing,” and “Manufacturing,” respectively. The Project is permitted under those General Plan and Zoning Code designations.

C. The Project promotes the City’s goals and objectives stated in the General Plan. No goal or policy will be impaired.

D. As conditioned, the construction and operation of the Project will not be a nuisance to surrounding properties.

SECTION 4: Based on the record of the hearing, including all information presented at the hearing, including the Staff Report dated February 24, 2026, which is hereby incorporated into this Resolution 26-04 by reference, the Planning Commission hereby finds:

A. As conditioned, the Project meets the requirements of SEMMC Chapter 17.03.060 and will not be detrimental to the public health, safety, or welfare, nor will it adversely affect property values or the present or future development of the surrounding areas. The conditions that are included in this resolution, as well as the fact that various screening and buffering methods are proposed with the Project ensures this will hold true in the future.

B. Pursuant to SEMMC Section 17.03.060, the approval of the CUP will not be detrimental to persons or properties in the immediate vicinity nor to the City in general. This is because the Project, as conditioned, will be required to operate in a way that does not negatively impact the surrounding area through conditions imposed herein.

Resolution No. 26-04

C. As conditioned, the Project represents a modern, quality industrial establishment on an underutilized site that will be compatible with the surrounding area, including similar uses around Santa Anita Avenue. The Project will result in positive and productive changes to vacant land and contribute to the general economic well-being of the City, consistent with various General Plan policies and goals, as detailed below
D. As conditioned, the Project is consistent with the City’s General Plan, provided the City Council adopts the amendments to the General Plan (No. 23-03) and Zone Change (No. 23- 01), respectively. The Project is compatible with the objectives, policies, general land uses, economic development and programs specified in the General Plan which includes, but is not limited to, the following goals:

Land Use Element
(1) Goal 1.0: Maintain a balanced mix and distribution of land uses throughout South El Monte. Allowing for the development of a vacant site into a productive industrial use would expand and diversify the economic and employment opportunities in the City. Pursuant to the Development Agreement for the Project, it will also provide for the opportunity for needed recreational and open space to serve residents in the City via the City Park Project. (2) Policy 1.5: Continue to provide opportunities for establishment and expansion of a broad range of industrial businesses within those areas of the City designated for industrial. The new development will serve the area by creating a sole location for new industrial businesses to establish their operations within the area. This new development along with the General Plan Amendment and Zone Change will allow new industrial businesses to flourish in the City in an appropriate location within close proximity to State Route 60.
(3) Goal 2: Focus new revenue-generating development in those areas of the City with high visibility. The proposed project will utilize a vacant parcel and provide a new revenue-generating industrial development with close access to the State Route 60.
(4) Goal 3.0: Accommodate new development that is compatible with and complements existing land uses. The Project would allow for the establishment of a new industrial building in an underutilized site that is compatible with the adjacent uses around Santa Anita Avenue.
(5) Goal 6.0: Provide for the revitalization of deteriorating land uses and properties.

The Project will provide a new industrial building on a property that has lain vacant for many years and will also provide off-site public improvements and will improve the Property’s flood storage capacity via Storage Basin improvements (as defined in the EIR and Development Agreement for the Project) in the United States Army Corps of Engineers (USACE) easement area. Pursuant to the proposed Development Agreement for the Project, the Project will also allow for the City Public Park Project. These public and private improvements will

Resolution No. 26-04

revitalize the surrounding area.

Resources Element
(1) Goal 1: Provide local public park space at a ratio of two acres of park land per 1,000 City residents. This desired ratio is not currently met. Once developed by the City, the City Public Park Project facilitated by the proposed Development Agreement for the Project will result in a net increase of park space of approximately 10.7 acres.
(2) Goal 2.0: Provide a comprehensive recreation program, adequate facilities, and proper maintenance of the parks and recreational facilities in the City. The City Public Park Project facilitated by the proposed Development Agreement for the Project will increase the range of park and recreational facilities and programming in the City once developed by the City.

SECTION 5: Concurrently with the approval of the Tentative Parcel Map, the Applicant is requesting the approval of a Zone Change (No. 23-01) and General Plan Amendment (No. 23- 03) which requires final approval by City Council. Thus, the Planning Commission’s approval of this CUP is contingent on the approval of the General Plan Amendment and Zone Change by City Council and shall not be effective until such approval by the City Council. The Planning Commission’s approval of this CUP is also contingent on the City Council’s certification of the Final EIR, adoption of CEQA Findings of Fact, and adoption of a Statement of Overriding Considerations for the Project and shall not be effective until such actions are taken by the City Council, which are prerequisites to City Council approval of the Zone Change and General Plan Amendment.

SECTION 6: Exhibits “A” hereto are incorporated herein by reference.

SECTION 7: Based on the aforementioned findings, the Planning Commission hereby approves Conditional Use Permit (No. 23-07) to develop the Project subject to the following conditions:

General Conditions

1. The Applicant and the business entity allowed for hereunder shall indemnify, defend, and hold harmless the City, its officers, agents, employees, and volunteers from any and all claims, lawsuits, or actions arising from the granting of, or the exercise of, the rights permitted by this approval, and from any and all claims or losses occurring or resulting to any person, firm, corporation, or property for damage, injury, or death arising out of, or connected in anyway, with the performance of the use permitted hereby. The Applicant’s obligation to indemnify, defend, and hold harmless the City shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and any award of damages or attorney’s fees in any such lawsuit or action.

2. The Applicant and the business entity allowed for hereunder shall execute an Affidavit of Acceptance of these conditions in the presence of a Notary Public and return the Affidavit

Resolution No. 26-04

to the Director of Community Development & Public Works within 20 calendar days of the date of the City Council’s approval of the Zone Change (No. 23-01) and General Plan Amendment (No. 23-03) for the Project.

3. The Conditional Use Permit approval shall lapse and become void if the privilege authorized is not utilized or where some form of construction pursuant to issuance of a building permit has not commenced within two years from the date of this approval or per the Development Agreement for the Project, whichever is longer.

4. Applicant and its employees, agents and contractors shall comply with all Municipal Code provisions, and county, state and federal regulations applicable to the project.

Planning Conditions

5. All buildings and walls must be finished with graffiti resistant materials. Any graffiti painted or marked upon the Project Site or on any adjacent area under the control of the Applicant shall be removed or painted over within 48 hours of discovery or notice from the City.

6. The Project Site shall be maintained in a safe and clean condition and the Applicant shall ensure that no trash or litter originating from the site is deposited on neighboring properties or the public right-of-way. At the end of each business day, the Applicant shall pick up any and all litter including but not limited to large, discarded items that may have collected in the parking area on the Project Site and public right-of-way (Lexington-Gallatin Road).

7. The Applicant shall maintain all required permits and licenses in good standing.

8. The Applicant understands that any violation of the foregoing conditions shall be grounds for the suspension, modification, or revocation of the Conditional Use Permit.

9. The construction site shall always be kept in a clean manner prior, during, and after construction.

10. The Applicant shall develop the Project in substantial conformance with the site plan and landscaping plan approved by the City Council, as determined by the Director of Community Development.

11. The Applicant shall provide a detailed landscape and irrigation plan for the Project Site, prepared by a registered Landscape Architect to the Director of Community Development & Public Works for review and approval prior to submitting the plans to the Building Division.

12. The Applicant shall install drought tolerant landscaping on the Project Site in strict compliance with a landscape plan prepared by a Landscape Architect drawn at a minimum scale of 1”=10’ which will include all proposed softscape elements (included areas of ornamental plantings and turf areas), with the perimeter planting design for the exterior of building. The Applicant shall incorporate the following into the landscape plan:

Resolution No. 26-04

a. Enclose all planters within parking lot areas with raised six-inch P.C.C. curbs, except at sidewalks, or as approved for stormwater retention plan. b. Provide an automated underground irrigation system for all landscaped areas. c. Provide adequate landscaping to completely screen all ground mounted mechanical equipment.

13. All exterior doors shall be lit with a minimum of one-foot candle power of intensity and constructed of tamper-resistant fixtures.

14. The Applicant shall have no outside storage of material or equipment during or after hours in the required parking lot areas or near the front entrance of the Project Site visible from Lexington-Gallatin Road.

15. There shall be no loading or unloading of materials on the public right of way (LexingtonGallatin Road).

16. There shall be no queuing or parking of vehicles on or along Lexington-Gallatin Road as a result of the Project.

17. At no time shall the Project Site store inoperable freight trucks or vehicles in its parking areas either within the vehicle spaces or the freight truck spaces.

18. No repair of vehicles or freight trucks shall occur at any time on the Project Site.

19. All exterior lights on the Project Site shall be LED and shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and/or the public right of way.

20. For security purposes, lighting on the Project Site shall be place in such a way as to illuminate the area surrounding the trash enclosure(s), transformer, and all vehicle parking spaces. This lighting shall be un-switched and photo sensor controlled.

21. Any bollards on the Project Site visible from the public right of way shall be decorative in nature and shall be approved by the Director of Community Development & Public Works or designee.

22. Noise generated from the Project Site shall comply with the South El Monte Municipal Code 8.20.

23. The applicant shall incorporate a copy of these conditions of approval and mitigation measures into the approved set of building plans.

24. The final subdivision parcel map shall be finalized and recorded prior to the issuance of building permits, unless the City Attorney determines that a final subdivision parcel map is not required.

25. The applicant understands and agrees that if changes to the original plans (as approved and on file) are required during construction, revised plans shall be provided to the Community Development Department for review and approval prior to the implementation of such

Resolution No. 26-04

changes. Please note that certain changes may also require approvals from other departments/agencies.

26. Conditional Use Permit No. 23-07 shall be null and void if the General Plan Amendment No. 23-03 and Zone Change 23-01 were to be denied by the City Council.

Public Works Conditions
The following are Engineering/Public Works conditions and shall be incorporated into submittal plans, show the conditions on site plans and on grading plans (No handwritten notes, stickers etc. shall be accepted).

PW1. The second sheet of building plans, grading plans and/or offsite improvement plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check.

PW2. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following:
a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials; c) The approval of soils to be used as fill material;
d) Inspection of compaction and placement of fill;
e) The testing of compacted fills; and
f) The inspection of review of drainage devices.

PW3. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation.

PW4. A grading and drainage plan for the Project Site shall be approved prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water.

PW5. LID review shall be completed prior to submitting grading plans for plan review. Grading plans for the Project Site shall be submitted including the proof of approval of LID or exemption of LID.

PW6. Install new driveway approach on the Project Site in accordance with SPPWC Standard Plan 110-2, and as directed by the City Engineer or his/her designee. No portion of the driveway and/or parkway drain shall encroach to the frontage of the adjacent property.

Resolution No. 26-04

PW7. Install new concrete sidewalk on the Project Site behind landscaped parkway along the length of the Project Site frontage in accordance with SPPWC Standard Plan 113-2, and as directed by the City Engineer and/or his/her designee.

PW8. Install an irrigation system and landscape the designated parkway area on the Project Site, and as directed by the City Engineer and/or his/her designee.

PW9. Install new curb and gutter along the length of the Project Site frontage in accordance with SPPWC standard plan 120-2, and as directed by the City Engineer or his/her designee.

PW10. Relocate vault from the sidewalk as directed by the City Engineer or his/her designee.

PW11. Rehabilitate existing AC street pavement along the length of the Project Site frontage to the centerline of the street as directed by the City Engineer or his/her designee.

PW12. Underground all utility services to the Project Site.

PW13. Sewer Study shall be reviewed and approved by the City Engineer or his/her designee, prior to the issuance of permits. If sewer is found to be inadequate, sewer improvement plans shall be submitted to the City for approval and required improvements shall be made at the sole cost to the property owner/developer.

PW14. The Project shall be reviewed and approved by the City Traffic Engineer, prior to the issuance of permits. Any mitigation measures shown on the traffic study if any shall be made at the sole cost to the property owner/developer.

PARCEL MAP REQUIREMENTS
PW15. A final parcel map prepared by or under the direction of a registered civil engineer or licensed land surveyor shall be submitted to and approved by the City prior to being filed with the Los Angeles County Recorder.

PW16. A soils report is required.

PW17. A preliminary parcel map guarantee shall be provided which indicates all trust deeds (to include the name of the trustee), all easement holders, all fee interest holders, and all interest holders whose interest could result in a fee. The account for this title report shall remain open until the final parcel map is filed with the Los Angeles County Recorder.

PW18. Easements shall not be granted or recorded within any area proposed to be dedicated, offered for dedication, or granted for use as a public street, alley, highway, right of access, building restriction, or other easements until after the final parcel map is approved by the City and filed with the Los Angeles County Recorder; unless such easement is subordinated to the proposed dedication or grant. If easements are granted after the date of tentative approval, a subordination shall be executed by the easement holder prior to the filing of the final parcel map.

Resolution No. 26-04

PW19. Monumentation of parcel map boundaries, street centerlines, and lot boundaries is required if the map is based on a field survey.

PW20. All conditions from City Departments and Divisions shall be incorporated into the parcel map prior to submitting the parcel map for review.

PW21. In accordance with California Government Code Sections 66442 and/or 66450, documentation shall be provided indicating the mathematical accuracy and survey analysis of the parcel map and the correctness of all certificates. Proof of ownership and proof of original signatures shall also be provided.

PW22. Proof of Tax clearance shall be provided at the time of parcel map review submittal.

PW23. Upon submittal of the parcel map for review by the City, a letter signed by both the subdivider and the engineer shall be provided which indicates that these individuals agree to submit five (5) blueprints and one sepia mylar of the recorded map to the City Public Works Department.

Building Division Conditions
B1. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Commission and City Council Resolutions.

This information shall be incorporated into the plans prior to the first submittal for plan check.

B2. Plans prepared in compliance with the current Building Code shall be submitted to Building Division for review prior permit issuance.

B3. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit.

B4. The building shall be addressed as 825 Lexington-Gallatin RD, and an application to assign unit numbers shall be filed with the City prior to plan check submittal.

B5. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect.

B6. Structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided.

B7. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following:
a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials;

Resolution No. 26-04

c) The approval of soils to be used as fill material;
d) Inspection of compaction and placement of fill;
e) The testing of compacted fills; and
f) The inspection of review of drainage devices.

B8. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation for the Project Site accepted by the City for observation of all grading, site preparation, and compaction testing.

Observation and testing shall not be performed by other soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the City, a new Preliminary Soils and/or Geotechnical Investigation.

B9. A grading and drainage plan for the Project Site shall be approved prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water.

B10. Stormwater Planning Program LID Plan Checklist (MS4-1 FORM) completed by Engineer of Record shall be copied on the first sheet of Building Plans and on the first sheet of Grading Plans. The form can be found at the following link
https://www.dropbox.com/scl/fi/xliqonam5j4jro5oklnw4/MS4-Permit-LIDDetermination-Form.pdf?rlkey=zr7tu632u2staheexj6vqvxvg&dl=0 B11. Prior to submitting grading plans to Engineering Department, LID review shall be completed and approved.

B12. All State of California disability access regulations for accessibility shall be complied with.

B13. The property shall be surveyed, and the boundaries marked by a land surveyor licensed by the State of California.

B14. Foundation inspection will not be made until the excavation has been surveyed and the setbacks determined to be in accordance with the approved plans by a land surveyor licensed by the State of California. THIS NOTE IS

TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT
LOCATION.

B15. Separate application and plan review is required for Electrical plans.

B16. Separate application and plan review is required for Mechanical plans.

B17. Separate application and plan review is required for Plumbing plans.

Resolution No. 26-04

B18. Plumbing fixtures shall be provided as required by the Chapter 4 of the California Plumbing Code. Additional fixtures may be required if not in compliance.

B19. The Project shall comply with the CalGreen Non-Residential mandatory requirements.

B20. Prior to the issuance of building permit, a written consent shall be obtained from the current easement holder(s) for any proposed development encroaching into existing easement(s).

B21. All fire sprinkler hangers must be designed, and their location approved by an engineer or an architect. Calculations must be provided indicating that the hangers are designed to carry the tributary weight of the water filled pipe plus a 250-pound point load. A plan indication this information must be stamped by the engineer or the architect and submitted for approval prior to issuance of the building permit.

B22. Separate permit is required for Fire Sprinklers.

B23. Building permits shall not be issued until the final map has been prepared to the satisfaction of the Building Official, unless the City Attorney determines that a final map is not required.

Los Angeles County Fire Department Conditions

1. Submitted plans shall correspond with the plans approved by the County of Los Angeles Fire Department Fire Prevention Division Land Development Unit.

2. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky.

3. The Final Map shall be submitted to the Land Development Unit for review and approval prior recordation.

4. The driveways required for Fire Apparatus Access Roads shall be indicated on the Final Map as "Private Driveway and Fire Lane" with the widths clearly depicted.

5. Fire hydrant improvement plans shall be submitted for review and approval prior to the clearance of the final map.

6. Review and approval by the County of Los Angeles Fire Department, Fire Prevention Engineering Section Building Plan Check Unit may be required for the Project prior to

Resolution No. 26-04

building permit issuance. Please contact the Fire Prevention Engineering Section at (323) 890-4125 for information on EPICLA submittals.

County of Los Angeles Sheriff’s Department Conditions

1. The Department recommends that the principles of Crime Prevention through Environmental Design (CPTED) are incorporated in the design plans. The goal of CPTED is to reduce opportunities for criminal activities by employing physical design features that discourage anti-social behavior, while encouraging the legitimate use of the site. The overall tenant of CPTED include defensible space, territoriality, surveillance, lighting, landscaping, and physical security. The Department recommends installation of security cameras on the Project Site to reduce opportunities for criminal activities, where feasible.

2. The Project will benefit from a landscaping maintenance program that would minimize opportunities for individuals to hide. The Station also recommends limiting the height of hedge-type plants around security gates that would allow visibility from the street. Trees should not block building addresses from street patrol car line of sight.

3. The installation of security cameras for a video monitoring system and building lights with motion sensors is beneficial, where feasible. Appropriate gate hardware such as keypad/keycard access and automatic gate closers can be implemented where feasible to limit unauthorized access and for easy monitoring. In addition, the proposed locations of exterior building security cameras shall be considered in areas where law enforcement can adequately identify vehicle license plates upon entry/exit into the proposed Project with adequate lighting to enhance visibility. Installation of security cameras inside the secured area, at each entry/exit points, at the loading dock, at the rear and at the office, along with interior keypad/keycard access should be considered where feasible. An alarm system is also recommended to discourage criminal activity and generate response calls. Alarms should be considered to be installed on all access points and fences, with motion detection on the interior of the warehouse & office.

4. Provide numerical addresses in font size on the corner of the building that can be easily viewed and read from the street.

5. A Construction Traffic Management Plan should also be established as part of the Project to address construction-related traffic congestion and emergency access issues. If temporary lane closures are necessary for the installation of utilities, emergency access should be maintained at all times. Flag persons and/or detours should be provided as needed to ensure safe traffic operations, and construction signs should be posted to advise motorists of reduced construction zone speed limits.

6. Effective traffic and security plans should be developed to address potential issues from criminal activity at the Project Site, in coordination with all jurisdictional approvals.

7. The Project Applicant will be required to pay all applicable development fees associated with the Project.

Resolution No. 26-04

Mitigation Measures

1. The Mitigation Monitoring and Reporting Program, which was prepared for the proposed project and certified by the City Council upon completion of the Environmental Impact Report, shall be made part of the conditions of approval.

2. The applicant and any successor owners shall be responsible for implementing the mitigation measures and conditions of approval and provide all necessary documentation.

SECTION 8: Any interested party may appeal this decision to the City Council pursuant to SEMMC Section 17.03.060.

ADOPTED this 24th day of February 2026.
_______________________________________
Chair of the Planning Commission
ATTEST:
________________________________
Secretary, Renee Reyes

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SOUTH EL MONTE )
I, Renee Reyes, Secretary to the Planning Commission of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 26-04 was duly passed and adopted by the Planning Commission of the City of South El Monte at a regular meeting of said Commission held on the 24th day of February, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Secretary, Renee Reyes

Resolution No. 26-04

EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY
The APN and legal description of the Property will change with the filing of TPM No. 084463

Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright 2021 American Land Title Association. All rights reserved.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 10 of 15
Commitment No. NCS-1215033-SA1

EXHIBIT A
The Land referred to herein below is situated in the City of South El Monte, County of Los Angeles, State of California, and is described as follows:

A PARCEL OF LAND IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, INCLUDING PORTIONS OF LOTS 110 AND 120 OF TRACT NO. 621, AS SHOWN ON THE MAP RECORDED IN BOOK 15, PAGE 182

OF MAPS, A PORTION OF THE RANCHO POTRERO GRANDE AS DESCRIBED IN THE PATENT RECORDED IN BOOK 1, PAGE 3 OF PATENTS AND PORTIONS OF LOTS 1 AND 2 IN BLOCK "K" OF SUBDIVISIONS OF THE RANCHO POTRERO DE FELIPE LUGO AS SHOWN ON THE MAP RECORDED IN BOOK 43, PAGE 43 ET SEQ. OF MISCELLANEOUS RECORDS, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 1 IN BLOCK "K" THAT IS DISTANT THEREON SOUTH 45° 02' 49" WEST 1080.64 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE NORTH 25° 33' 24" WEST 710 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 64° 26' 36" WEST 1200 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID LOT 120 THAT IS DISTANT SOUTH 0° 17' 11" EAST 1180.57 FEET FROM THE NORTHWEST CORNER OF LOT 111 OF SAID TRACT NO. 621; THENCE SOUTH 25° 33' 24" EAST 710 FEET; THENCE NORTH 64° 26' 36" EAST 454.17 FEET TO A LINE AT RIGHT ANGLES TO THE SOUTHEASTERLY LINE OF SAID LOT 2 IN BLOCK "K" WHICH PASSES THROUGH A POINT IN SAID SOUTHEASTERLY LINE THAT IS DISTANT SOUTH 45° 02' 49" WEST 703.50 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT ANGLE LINE SOUTH 44° 57' 11" EAST 247.69 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 2; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOTS 2 AND 1 IN SAID BLOCK "K" NORTH 45° 02' 49" EAST TO THE INTERSECTION OF THAT CERTAIN LINE IN THE SIDELINE OF THE POMONA FREEWAY

AS DESCRIBED IN THAT CERTAIN EASEMENT DOCUMENT TO THE STATE OF CALIFORNIA RECORDED ON AUGUST 27, 1963 AS INSTRUMENT NO. 1546 IN BOOK D2159, PAGE 922 ET SEQ. OF OFFICIAL

RECORDS OF SAID COUNTY, SAID CERTAIN LINE DESCRIBED THEREON AS HAVING A BEARING AND LENGTH OF "NORTH 80° 22' 48" WEST 692.44 FEET"; THENCE ALONG SAID CERTAIN LINE NORTH 80° 22' 48" WEST TO THE NORTHWESTERLY TERMINUS OF SAID LINE AND THE BEGINNING OF A TANGENT CURVE THEREIN CONCAVE SOUTHERLY AND HAVING A RADIUS OF 250.00 FEET; THENCE WESTERLY ALONG SAID TANGENT CURVE TO THE NORTHWEST LINE OF SAID LOT 1; THENCE SOUTHWEST ALONG SAID NORTHWEST LINE TO SAID LINE HAVING A BEARING OF NORTH 25° 33' 24" WEST AND WHICH PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE NORTH 25° 33' 24" WEST 14.55 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION LYING NORTHEASTERLY OF THAT CERTAIN LINE AND ITS NORTHWESTERLY AND SOUTHEASTERLY PROLONGATIONS THEREOF DESCRIBED ABOVE AS "NORTH 25° 33' 24" EAST 710 FEET".

ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHWESTERLY AND WESTERLY OF THE SOUTHEASTERLY AND EASTERLY LINE OF THE 80 FOOT STRIP OF LAND KNOWN AS SANTA ANITA AVENUE AND DESCRIBED IN PARCEL 16-4 OF FINAL ORDER OF CONDEMNATION OF SUPERIOR COURT CASE NO. 908.498, A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK D3995, PAGE 73 ON MAY

Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright 2021 American Land Title Association. All rights reserved.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 11 of 15
07, 1968 AS INSTRUMENT NO. 3953 OF OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN PARCELS 16-4D-1, 16-4S.1 AND 16-4S.2 OF FINAL ORDER OF CONDEMNATION OF SUPERIOR COURT CASE NO. 908.498, A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK D3995, PAGE 73 ON MAY 07, 1968 AS INSTRUMENT NO. 3953 OF OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING FROM THE PORTION OF SAID LOT 120 OF TRACT NO. 621 INCLUDED IN THE ABOVE

DESCRIBED LAND, ONE-HALF OF ALL OIL RIGHTS IN AND UNDER SAID LAND, AS RESERVED BY JOE CAGLIERO AND WIFE AND GEORGE VISSIO AND HIS WIFE IN THE DEED RECORDED IN BOOK 18263, PAGE 169 OF OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING FROM THE PORTION OF SAID LAND WHICH WAS FORMERLY REGISTERED LAND,

ONE-HALF OF ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN OR THEREUNDER, AS RESERVED IN THE DEED FROM THOMAS W. BELL, FILED APRIL 08, 1942, IN THE OFFICE OF THE REGISTRAR OF LAND TITLES AS INSTRUMENT NO. 5621-K.

For conveyancing purposes only: APN 8119-005-032

VICINITY AERIAL
Santa Anita Ave
State 60 Hwy

Not to sNot to scale
Source: HPA, Inc., 2024
South El Monte Athletic Fields and Business Park Project Figure 3-11a: Conceptual Rendering
825 LEXINGTON-GALLATIN
Building Perspective View
South El Monte, CA #21563 07. 22. 2024
Imagery ©2024 Airbus, Maxar Technologies, Map data ©2024 50 ft Kimley>>> Horn

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X X
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OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH X X
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X X X X X X X X X X X X X X X

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OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH X X
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OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH Property owner/ Applicant
Address of the property
Assossor's Parcel Number
Legal description
Applicant's respresentative
Zoning
Construction Type
Scope of Work

PROJECT DATA

SITE PLAN KEYNOTES SITE PLAN GENERAL NOTES

SITE PLAN GENERAL NOTES

VICINITY MAP
SITE
Source: Kimley-Horn and Associates, Inc., 2024
Figure 3-8: Conceptual Warehouse Site Plan
South El Monte Athletic Fields and Business Park Project CONC
CONC

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

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OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH CONC
CONC

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH CONC
CONC

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH Property owner/ Applicant
Address of the property
Assossor's Parcel Number

PROJECT DATA

SITE PLAN GENERAL NOTES

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Owner:
fax: 949 863 0851
tel: 949 863 1770
email: [email protected]
92612
irvine, ca
18831 bardeen avenue, - ste. #100
hpa, inc.

MA
G N
N O Y

L I C E N S E D A R C H I T E C T

S T A T E O F C A L I F O R N I A
DATE

RENEWAL
3-31-25
C-29451

PROJECT DATA

VICINITY MAP
SITE
Secured Lot/Truck Loading Area
14’ Concrete Screen Wall
8’ Metal Gate with Knox-Box

HYDRANT
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SITEAREA
In s.f. 454,765 s.f.

In acres 10.44 ac

BUILDING AREA
Office - 1st Floor 10,000 s.f.

Warehouse 201 ,815 s.f.

Total Building Footprint 211 ,815 s.f.

Office - 2nd Floor 10,000 s.f.

TOTAL BUILDING AREA 221 ,815 s.f.

COVERAGE 46.6%

AUTO PARKING REQUIRED
Office: 1/300 s.f. 67 stalls
Vvhse: 1/1,000s.f. 202 stalls
TOTAL 268 stalls
EV AUTO REQUIRB>
8/ Capable wtth 8/SE ( 8'-6" x 18') 14 stalls
8/ Capable w/o 8/SE( 8'-6" x 18') 37 stalls
ADA EV Van Parking ( 12' x 18' ) 1 stalls
ADA 8/ Std. Parking ( 9' x 18') 2 stalls
Am,ulatory Parking ( 10' x 18') 2 stalls
Total Required 56 stalls
ADA REQUIRB>
ADA Van Parking ( 12' x 18') 2 stalls
ADA Std. Parking ( 9' x 18') 5 stalls
Total Required 7 stalls
AUTO PARKING PROVIDB>
Standard ( 8'-6" x 18' ) 122 stalls
ADA Van ( 12' x 18') 2 stalls
ADA Std ( 9' x 18') 5 stalls
8/ Capable w tth 8/SE ( 8'-6" x 18') 14 stalls
8/ Capable w/o 8/SE ( 8'-6" x 18') 37 stalls
ADA EV Van Parking ( 12' x 18' ) 1 stalls
ADA 8/ Std. Parkng ( 9' x 18') 2 stalls
Am,ulatory Parking ( 10' x 18') 2 stalls
TOTAL 185 stalls
Additional Parking Plan:

Standard ( 8'-6" x 18') 92 stalls
TOTAL 277 stalls

ZONING ORDINANCE FOR CITY
Proposed Zoning Designation - Cornrerical - tv'anufacturing MAXIMUM BUILDING HBGHT ALLOWBl
None
MINIMUM LANDSCAPE RB:l.
5% 22,738 s.f.

LANDSCAPE PROVIDB>

12.4% 56,470 s.f.

MAXIM UM FLOOR AREA RA TIO
FAR- to be verified

SETBACKS
Front- 5'
Interior/Side/Rear - none
Kimley>>> Horn

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BUILDING

LEXINGTON - GALLATIN ROAD
Silverleaf Cassia
Cassia phyllodenia
Coast Rosemary
Westringia fruticosa

SYMBOL SIZE QTY SPACING
SHRUBS

BOTANICAL/COMMON NAME WUCOLS
5 Gal 15
Texas Privet
Ligustrum j. Texanum
Agave americana L
Century Plant
Lantana 'Gold Mound'
Yellow Lantana
5 Gal 41 L
5 Gal 410 M
Callistemon 'Little John'
Dwarf Bottle Brush
5 Gal 143 M
5 Gal 103 L
5 Gal 127 L
Fortnight Lily
Dietes bicolor 5 Gal 235 M
3' OC
4' OC
3' OC
3' OC
5' OC
hardscape

2.5' from
hardscape
hardscape
hardscape
3' from
hardscape
2' from
2' from
2' from
Carissa m. 'Green Carpet' 5 Gal 77 M
Prostrate Natal Plum

GROUNDCOVER
Rosmarinus o. 'Huntington Carpet' 1 Gal 48" O.C. L

SYMBOL BOTANICAL/COMMON NAME SIZE SPACING WUCOLS REMARKS Prostrate Rosemary
Bougainvillea 'La Jolla'
Bougainvillea
Myoporum
Myoporum parvifolium 1 Gal 36" O.C. L
Carissa m. 'Green Carpet'
Prostrate Natal Plum
1 Gal 36" O.C. M
1 Gal 6' O.C. L
Star Jasmine
Trachelopspermum jasminiodes 1 Gal 24" O.C. M
Brisbane Box
Tristania conferta
TREES
24" Box
Afghan Pine
Pinus eldarica 18 L
24" Box
African Sumac
Rhus lancea 27 L

SYMBOL BOTANICAL/COMMON NAME

PLANTING LEGEND

SIZE QTY WUCOLS REMARKS
15 Gal 26 M
Olive
Olea europaea
Standard
Chitalpa tashkentensis
Chitalpa
24" Box 22 L Standard
Standard
6 L Multi
Standard
Chilean Mesquite
Prosopis chilensis 24" Box 6 L Multi
36" Box
Los Angeles, California 23-047

06.20.23 825 Lexington - Gallatin Road
0 20' 40' 80'
HUNTER ANDSCAPE L 711 FEE ANA STREET
714.986.2400 FAX 714.986.2408
PLACENTIA, CA 92870
N

11.13.24 Source: Hunter Landscape, 2024
Figure 3-12: Conceptual Landscape Plans
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This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. No. REVISIONS DATE BY DATE

AS SHOWN

CHECKED BY
SCALE

DESIGNED BY

DRAWN BY

KHA PROJECT

SOUTH EL MONTE ATHLETIC FIELDS

AND BUSINESS PARK PREPARED FOR

MVP SOUTH EL MONTE I, LLC

CITY OF SOUTH EL MONTE CA
194550001
9/18/2024
HS
EA
HS

SHEET NUMBER
OF © 2023 KIMLEY-HORN AND ASSOCIATES, INC.
1100 TOWN AND COUNTRY ROAD SUITE 700
ORANGE, CA 92868
(714) 939-1030
WWW.KIMLEY-HORN.COM
NORTH

STORM DRAIN
PARK
Source: Kimley-Horn and Associated, Inc., 2024
Figure 3-9: Conceptual Future City Park Plan
South El Monte Athletic Fields and Business Park Project

DIGITAL BILLBOARD SIGN
5 STADIUM LIGHTING
PARKING STALLS: 154
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0 RESTROOMS
@ LIGHT POLE LOCATIONS (180)
@ 10' +/- RETAINING WALL
0 0
Kimley>>> Horn

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Source:

South El Monte Athletic Fields and Business Park Project Figure 3-11b: Conceptual Rendering
X

X X X X

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X X X X X X X X X X X X X X X X X X X X X

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H OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH Owner:

Project:

Consultants:

Project Number:

Revision:

Date:

Drawn by:

Title:

Sheet:

C I V I L

STRUCTURAL

MECHANICAL

PLUMBING

ELECTRICAL

LANDSCAPE

SOILS ENGINEER

FIRE PROTECTION
21563
JFC
04/10/23
Los Angeles, CA
fax: 949 863 0851
tel: 949 863 1770
email: [email protected]
92612
irvine, ca
18831 bardeen avenue, - ste. #100
hpa, inc.
-
MA
G N
N O Y

L I C E N S E D A R C H I T E C T

S T A T E O F C A L I F O R N I A
DATE

RENEWAL
3-31-25
C-29451
Athlectic Fields
South El Monte
-
-
-
-
-
-
-
Los Angeles, CA. 90067
Suite 2470
825 Lexington-Gallatin Road
1900 Avenue of the Stars
and Business Park
SCREEN WALLS ELEV.

DAB-A4.0

KEYNOTES - SCREENWALL GENERAL NOTES - SCREENWALL COLOR SCHEDULE - ELEVATIONS Source: HPA, Inc., 2024
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#21563 06. 16. 2023
825 LEXINGTON-GALLATIN ROAD
South El Monte, CA
Conceptual Elevations - 36’ clear
Santa Anita Avenue Elevation - North Elevation
Santa Anita Avenue Elevation - West Elevation
Lexington Gallatin Road Elevation - South Elevation
East Elevation

OBLIQUE VIEW
825 825
Source: HPA, Inc., 2023
Figure 3-10: Conceptual Warehouse Elevations
South El Monte Athletic Fields and Business Park Project Santa Anita Avenue Elevation - North Elevation
Santa Anita Avenue Elevation - West Elevation
Kimley>>> Horn

FINAL ENVIRONMENTAL IMPACT REPORT; MITIGATION MONITORING & REPORTING PROGRAM; CEQA FINDINGS OF FACT AND STATEMENT OF

OVERRIDING CONSIDERATIONS AND RESPONSES TO COMMENTS
The Final Environmental Impact Report, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations and Responses to Comments are available on the City of South El Monte website under the “Current Projects” page. All documents may be viewed with the link: https://www.cityofsouthelmonte.org/606/CurrentProjects

FINAL ENVIRONMENTAL IMPACT REPORT; MITIGATION MONITORING & REPORTING PROGRAM; CEQA FINDINGS OF FACT AND STATEMENT OF

OVERRIDING CONSIDERATIONS AND RESPONSES TO COMMENTS
The Final Environmental Impact Report, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations and Responses to Comments are available on the City of South El Monte website under the “Current Projects” page. All documents may be viewed with the link: https://www.cityofsouthelmonte.org/606/CurrentProjects

60 Lexington Gallatin
Rd
Lerma Rd
Lerma
R
M
e
rced
Ave
Lexham Ave
Sa
nta
Anita
Ave
Santa Anita Ave
Santa
Anita
Ave
Esteban Torres
Dr
Maple
Cogswell Rd
C
S
Durfee Ave
Lexington Gallatin
Rd
Lerma Rd
Lerma
R
M
erced
Ave
Lexham Ave
Sa
nta
Anita
Ave
Santa Anita Ave

WHITTIER

NARROWS

RECREATION
AREA
Santa
Anita
Ave
Esteban Torres
Dr
Maple
Cogswell Rd
C

SOUTH EL

MONTE HIGH
SCHOOL
S
Durfee Ave
500 ft
500 ft

City Council Agenda Report
Agenda Item No. 8.b.

DATE: May 5, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Gerardo Marquez, Director of Community Development & Public Works
SUBJECT: CONSIDERATION OF FIRST READING OF ORDINANCE NO. 1292 AFFIRMING THE PLANNING COMMISSION’S

RECOMMENDATION TO APPROVE ZONE TEXT
AMENDMENT (NO. 26-02) TO AMEND SOUTH EL MONTE
MUNICIPAL CODE SECTION 17.03.230 TO IMPOSE A

BUFFER DISTANCE ON MASSAGE BUSINESSES FROM THE
JURISDICTIONAL BOUNDARIES OF 350 FEET AND A 1,000

FOOT BUFFER DISTANCE FROM ALL SENSITIVE USES
SUMMARY: Consideration to introduce by title only for first reading Ordinance No. 1292 amending Section 17.03.230 (“Massage Establishments”) of Chapter 17.03 (“Permit Approval Procedures”) of Title 17 (“Zoning”), approving Zone Text Amendment No. 26- 02 (“ZTA 26-02”) and establishing a 1,000-foot buffer distance from all sensitive uses in the City and a 350-foot buffer distance from the jurisdictional boundary to protect and preserve the public health, safety, and welfare.

RECOMMENDED ACTION: Staff recommends City Council:

1. Conduct a public hearing;

2. Take public testimony;

3. Determine that Ordinance No. 1292 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061 (b)(3) (Common Sense Exemption); and

4. Waive full reading and introduce Ordinance No. 1292 by title only to amend the South El Monte Municipal Code (SEMMC) Section 17.03.230 (“Massage Establishments”) to establish a 1,000-foot buffer distance from all sensitive uses in the City and a 350-foot buffer distance from the City’s jurisdictional boundary FISCAL/FINANCIAL IMPACT: There is no anticipated fiscal impact to the City.

DISCUSSION: In 2009, California State Senate Bill 731 (Massage) created the California Massage Therapy Council (CAMTC), which limited cities’ ability to regulate massage establishments. In 2015, California State Assembly Bill 1147 restored the City ‘s ability to regulate massage establishments through land use and local licensing and health and safety requirements.

In 2015, the City adopted Ordinance No. 1195, which amended the South El Monte Municipal Code (“SEMMC”) to include Chapter 5.22 (“Massage Establishments”) to impose licensing requirements for massage establishments. In 2024 the City amended SEMMC to impose location and zoning regulations, including a 500-foot distance requirement between massage establishments, and a Conditional Use Permit (CUP) requirement for all new massage establishments.

The City has had issues with massage establishments operating without the necessary permits or licensing and engaging in illicit activities such as prostitution and human trafficking. Most recently, the City went through the process to revoke a massage establishment’s CUP, preventing further operation.The process to revoke these illicit massage establishments has disproportionately absorbed public resources and has led to potential other impacts on neighborhood character, quality of life, reduced property values and a damage of the public trust. These public health, welfare, and safety issues can be addressed by imposing additional distance requirements from sensitive uses, such as parks, schools, day care centers, and residential areas; and distance requirements from the city’s jurisdictional boundary.

Section 17.03.260 specifies zoning and locational restrictions for massage establishments and requires that new establishments not be within 500 feet of an existing establishment. On March 25, 2026, the Planning Commission approved Resolution No. 26-06, (Attachment B) recommending that City Council adopt ZTA 26-02 establishing a buffer requirement for massage establishments of at least 350 feet from the City’s jurisdictional boundary, and of at least 1,000 feet from the following sensitive uses:
• Day Care Centers
• Religious Institutions
• Schools
• Youth Centers
• Residential Zoned Properties
• Parks
The resulting area that massage establishments may be located (provided they obtain a CUP) is demonstrated in the map marked Attachment D.

ANALYSIS
In February 2025, after recent massage establishment CUP revocations, City Council directed staff to create additional buffers to sensitive uses such as schools, public facilities and residential uses, and additional buffers to the city jurisdictional boundary. As noted above, the Planning Commission recommend that the City Council approve the proposed Zone Text Amendment with additional buffer distance requirements from sensitive uses and the jurisdictional boundary.

Currently, massage establishments may apply for a CUP in the Manufacturing,

Commercial-Manufacturing, Commercial and Commercial-Residential zones. However, as depicted in Attachment D, the new buffer restrictions for massage establishments will now limit new massage establishments to only Manufacturing and CommercialManufacturing zones in the northwest part of the City. This will provide the necessary buffer from sensitive uses such as residential homes, schools and parks that are generally located on southeast part of South El Monte.

FINDINGS
Per SEMMC Section 17.03.150 (E)(3) and (F)(3), a recommendation by Planning Commission for approval of a Zone Text Amendment and a decision by City Council regarding such recommendation must each be based on the following findings:

1. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the citizens of the city; Unregulated massage establishments have the potential to adversely affect the public health and safety of South El Monte residents. The amendment of land use regulations, in alignment with State requirements, specific only to future massage establishments vetted by the City’s licensing application process (SEMMC Chapter 5.22) and ultimately entitled through a conditional use permit (SEMMC Section 17.03.230) will assist in these efforts by requiring a 1000 foot separation from sensitive uses and a 350 foot separation from the jurisdictional boundary.

2. The proposed change is in conformance with the purpose of this chapter and with all applicable, officially adopted policies and plans; The proposed amendment does not change the operational and security requirements and safeguards established in Chapter 5.22 to ensure future massage establishments and employees comply with state law for licensing. The proposed amendment provides a buffer distance from sensitive uses and the jurisdictional boundary in order to protect nearby sensitive uses. Thus the amendment is consistent with all applicable, officially adopted policies, regulations, and plans.

3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified; No new massage establishments are proposed as part of the Zone Text Amendment. Existing buildings and operational footprints of general retail buildings within the City are sufficient for potential new massage establishment uses, provided they meet the separation requirements and obtain the necessary permits. As such, the existing retail buildings do not require additional streets and public facilities nor impose undue strain on existing infrastructure and services. Proposed modifications to any new subject sites must meet all applicable Planning and Building & Safety regulations. Therefore, no change in service use will occur to the subject properties.

4. All uses permitted when the property is reclassified will be compatible with present and potential future uses, and further, existing regulations applying to the property in question; The proposed amendment will ensure that future uses meet all applicable standards and requirements per SEMMC Chapter 5.22 and Section

17.03.230 and thus will be compatible with present and future uses.

ENVIRONMENTAL ANALYSIS/DETERMINATION
Staff reviewed the proposed project in accordance with the California Environmental Quality Act (CEQA) guidelines and has been determined that the project is exempt pursuant to CEQA Regulation 15061(b)(3). The amendment does not approve any development or construction, and any future projects will be subject to review pursuant to CEQA. The amendment does not allow for massage establishments to establish

locations in the City without undergoing the licensing application process to receive a permit, nor increase the number of massage establishments, and does not change any building regulations or requirements that could have an environmental impact. In addition, Section 15061(b)(3) includes the general rule that CEQA only applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Therefore, no further action is required under CEQA.

ATTACHMENT(S):

A. Massage Ordinance No. 1292
B. Planning Commission Resolution No. 26-06
C. March 25, 2026 Planning Commission Staff Report
D. Massage Buffer Map

ORDINANCE NO. 1292

AN ORDINANCE OF THE CITY OF SOUTH EL MONTE CITY COUNCIL ADOPTING ZONE TEXT AMENDMENT (NO. 26-02) TO AMEND SOUTH EL MONTE MUNICIPAL CODE SECTION 17.03.230 TO IMPOSE A BUFFER DISTANCE FROM JURISDICTIONAL BOUNDARIES TO 350 FEET AND A 1,000 FOOT BUFFER FROM ALL SENSITIVE USES

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

WHEREAS, pursuant to California Constitution Article XI, section 7, the City of South El Monte (“City”) has the authority, under its police power, to enact regulations for the public health, safety, and welfare of the City; and
WHEREAS, in 2009, Senate Bill 731 created the California Massage Therapy Council (“CAMTC”) which limited cities’ ability to regulate massage establishments; and WHEREAS, in 2015, AB 1147 restored the City’s ability to regulate massage establishments through land use and local licensing and health and safety requirements, subject to certain regulations; and
WHEREAS, the City amended the South El Monte Municipal Code (“SEMMC”) in 2014 to include Chapter 5.22 (Massage Establishments) to impose licensing requirements for massage establishments in the City; and
WHEREAS, in 2024, the City amended the SEMMC again to include Section 17.03.230 (Massage establishments) to impose location and zoning regulations including a 500-foot distance requirement between massage establishments; and
WHEREAS, although massage establishments have legal status like other professions, the City continues to find massage establishments in the City frequently are not conducted like professional businesses, despite certification by the CAMTAC; and WHEREAS, the Los Angeles County Sheriff’s Department and the City’s Code Enforcement Department have found massage establishments in the City have consistently operated without the necessary permits and engaging in illicit activities such as prostitution and human trafficking; and
WHEREAS, when massage establishments participate in such activities, it can change neighborhood character, impact quality of life, impact the local economy, reduce property values, disproportionately absorb public resources, and the damage public trust; and WHEREAS, the City believes these public health, welfare, and safety issues can be

ATTACHMENT A

Ordinance No. 1292

addressed by imposing additional distance requirements from sensitive uses, such as parks, schools, day care centers, and residential areas; and
WHEREAS, on March 25, 2026, the South El Monte Planning Commission held a noticed public hearing and adopted Resolution No. 26-06 recommending City Council adoption of this Ordinance and ZTA No. 26-02; and
WHEREAS, the City Council held a noticed public hearing on this Ordinance on May ____, 2026 at which time it considered all testimony, both written and oral; and WHEREAS, the City Council finds that a 1,000-foot distance requirement from sensitive uses and a 350-foot distance requirement from the City’s jurisdictional boundary will aid in protecting the public health, safety, and welfare, and that these new requirements will not preclude the establishment of new massage businesses and is not directed toward a particular business or owner; and
WHEREAS, a notice of public hearing was posted in the San Gabriel Valley Tribune on May ___, 2026 for the first reading of Ordinance No. 1292 to be considered by City Council on May ___, 2026; and

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

SECTION 1: The Recitals set forth above are true and correct, are hereby adopted as findings, and are incorporated into the Ordinance.

SECTION 2: The City Council hereby approves the first reading of Ordinance No. 1292 which approves a ZTA to the SEMMC as set forth below.

SECTION 3: Based on the record of the hearing, including all information presented at the hearing, including the Staff Report dated May 5, 2026, which is hereby incorporated into this Ordinance No. 1292 by reference, the City Council approves Planning Commission’s recommendation to adopt ZTA 26-02 and approves the following Planning Commission findings made pursuant to SEMMC Section 17.03.150 (E)(3):

A. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the citizens of the city; and B. The proposed change is in conformance with the purpose of Chapter 17.03 (Permit Approval Procedures) and with all applicable, officially adopted policies and plans.

SECTION 4: In accordance with SEMMC Section 17.03.150(A), the proposed ZTA is consistent with the City’s General Plan and other officially adopted policies and plans, and the goals and objectives stated therein. No goal or policy will be impaired.

SECTION 5: In accordance with SEMMC Section 17.03.150(C), the proposed ZTA does not relate to hazardous waste facilities and therefore shall be consistent with the portions of the county

Ordinance No. 1292

of Los Angeles hazardous waste management plan as approved November 30, 1989, relating to siting of and siting criteria for hazardous waste facilities.

SECTION 6: Based on the findings, City Council approves ZTA 26-02, attached hereto as Exhibit “A” amending the SEMMC as follows:

A. Amend SEMMC Section 17.03.230 (Massage establishments) to impose 1,000- foot buffers from all sensitive uses and a 350-foot buffer from the jurisdictional boundary.

For the purposes of Exhibit A, strikethroughs represent deletions and double underline represents additions.

SECTION 7: Planning Commission determined, and the City Council agrees, that this project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Section 15061(b)(3) (common sense exemption), and a Notice of Exemption has been prepared. The exemption applies only to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The South El Monte City Council hereby declares that it would have adopted this ordinance and the code adopted thereby and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional.

SECTION 9: The City Clerk shall certify to the adoption of this Ordinance.

SECTION 10: Publication. The City Clerk is directed to cause this Ordinance to be published within fifteen (15) days of its passage in a newspaper of general circulation published and circulated within the City of South El Monte.

SECTION 11: Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.
[SIGNATURES ON FOLLOWING PAGE]

Ordinance No. 1292

PASSED, APPROVED AND ADOPTED this _____ day of May 2026. ________________________________
Gloria Olmos, Mayor
ATTEST:
_________________________________
Adrian Garcia, MMC, City Clerk
APPROVED AS TO FORM:
_________________________________
Susie A. Altamirano, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, do hereby certify that the foregoing Ordinance, being Ordinance No. 1292 was duly introduced at a regular meeting of the City Council of the City of South El Monte held on the ______ day of May 2026.

AYES:

NOES:

ABSENT:

ABSTAIN: ____________________________________
Adrian Garcia, MMC, City Clerk

Exhibit “A” to Ordinance No. 1292
EXHIBIT A TO ORDINANCE NO. 1292

17.03.230 Massage establishments.

A. Location Criteria. A massage establishment may be located in any zone district which permits that particular use subject to the following exceptions and qualifications:

3. A massage establishment shall not be established or located within one thousand (1,000) feet of any sensitive use, defined as K-12 schools, day care centers, religious institutions, parks, and residential-zoned property, and shall not be within three hundred and fifty (350) feet from the city’s jurisdictional boundary. The distance between any massage establishment sensitive use or jurisdictional boundary shall be the closest point between the two, measured in a straight line, without regard to the boundaries of the city and to intervening structures.

ATTACHMENT B

MARCH 25, 2026 PLANNING COMMISSION STAFF REPORT
The March 25, 2026 Planning Commission Staff Report, including all associated attachments, are available on the City’s website under “Meeting Agendas and Minutes.” The Direct Link to all viewable documents can be found here:
https://southelmonteca.portal.civicclerk.com/event/582/files/report/2294

ATTACHMENT C

City Council Agenda Report
Agenda Item No. 8.c.

DATE: May 5, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Gerardo Marquez, Director of Community Development & Public Works
SUBJECT: CONSIDERATION OF ORDINANCE NO. 1293 TO CONSIDER A ZONE TEXT AMENDMENT (NO. 26-01), TO AMEND
CHAPTER 17.12 “ACCESSORY DWELLING UNITS”, TO

COMPLY WITH NEW REQUIREMENTS SET FORTH BY THE
STATE OF CALIFORNIA.

SUMMARY: The proposed ordinance will amend Chapter 17.12 of the South El Monte Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Except as otherwise noted in this staff report, these new laws became effective January 1, 2026. The Planning Commission, at its regular meeting on March 24, 2026, recommended City Council approval of the proposed ordinance.

RECOMMENDED ACTION: Staff recommends that the City Council:

1. Conduct a public hearing;

2. Take public testimony; and

3. Waive full reading and introduce Ordinance No. 1293, approving Zone Text Amendment (No. 26-01) to amend and replace South El Monte Municipal Code (“SEMMC”) Chapter 17.12 “Accessory Dwelling Units” to bring the SEMMC into conformity with the newly amended State law.

FISCAL/FINANCIAL IMPACT: No anticipated fiscal impact.

DISCUSSION: On March 25, 2026, the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 26-05 to recommend the City Council approve of Zone Text Amendment (No 26-01) to adopt an ordinance amending Chapter 17.12 of the South El Monte Municipal Code to comply with changes to the State Law regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Unit(s).

The Amendment reflects changes enacted by AB 462, AB 1154, SB 9, and SB 543. AB

462 was enacted as an urgency measure that took effect immediately on October 10, 2025 when signed by the Governor. The legislation does not require any changes to a local ordinance and only requires local agencies observe the rules established by AB 462.

The other bills to be discussed were not urgency measures, but enacted as and took effect on January 1, 2026. In order for the City’s ADU Ordinance to remain valid and enforceable, it must be updated to reflect new changes in state law. Adopting the proposed Ordinance (Attachment A) ensures that the City’s ADU Ordinance will be in compliance with State law. For these reasons, the Planning Commmission and staff have recommended that the City Council adopt the attached Ordinance.

The following discussion summarizes the content of the legislation and amendment.

ANALYSIS:

AB 462 - Certificates of Occupancy Exceptions
AB 462 modifies several permitting requirements associated with processing ADUs, including those located in the Coastal Zone. Beyond changes to Coastal Development Permit (CDP) processing which are not applicable to South El Monte, AB 462 modifies the rules governing the issuance of a Certificate of Occupancy (CO) for an ADU.

Historically, when an ADU is proposed with a new primary dwelling, State Law required that a CO must be issued for the primary dwelling before a CO could be issued for the ADU. AB 462 creates a narrow exception to this prohibition for detached ADUs when all of the following conditions are satisfied:

1. The Governor has declared a state of emergency for the county on or after February 1, 2025;

2. The primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and,

3. The ADU has been issued construction permits and passed all required inspections.

If these conditions are satisfied, a CO could be issued for a new detached ADU prior to a CO being issued for a new primary dwelling (Government Code Section 66328(b).). In all other scenarios, a CO must be issued for the primary dwelling before a CO could be issued for an ADU.

AB 1154 (2025) – JADU Owner-Occupancy & Short-Term Rental Provisions Previously, when a property owner wished to establish a JADU, State Law required owner-occupancy. This meant the property owner had to reside either in the JADU or in the remaining portion of the primary dwelling. AB 1154 refines this requirement and only requires owner-occupancy when a JADU shares sanitation facilities (bathroom) with the remaining portion of the primary dwelling. If the JADU has its own bathroom, then the property owner would not be required to reside on the property (Government Code Section 66333(b)).

AB 1154 further clarifies that JADUs may not be used as short-term rentals, or a dwelling rented for a term shorter than 30 days (as amended in Government Code Section 66333(b). Although this prohibition is commonly found in local ADU ordinances, AB 1154 formally codifies this prohibition at the State level.

SB 9 (2025) & SB 543 (2025) – ADU Ordinance Submittal to and Approval from HCD Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption. SB 543 and SB 9 (not to be confused with SB 9 as it relates to lot splits) create a penalty for local agencies who fail to submit their ADU Ordinance to HCD within 60 days of adoption by rendering the local ordinance null and void. These bills further specify that a local ADU ordinance could also become null and void if HCD issues findings that state the local ordinance does not comply with State law and the local agency fails to respond to HCD within 30 days (Government Code Section 66326(d) and new Government Code Section 66333.5(d)).

SB 543 – ADU Size, Number of ADUs, Impact Fees, and Application Timelines SB 543 makes numerous changes and clarifications to State Law related to ADUs and the most notable are summarized hereafter.

ADU & JADU Size
Existing law limits the maximum size of a JADU to 500 square feet, and SB 543 clarifies this size limit is restricted to the "interior livable space" and excludes exterior walls. SB 543 also prohibits local ADU ordinances from imposing certain development standards that would prevent an ADU created under Government Code Section 66314 through 66322 from being at least 800 square feet (amended Government Code Section 66313(d) ad 66321(b)(2)).

Impact Fees
Existing law exempts ADUs that are 750 square feet or smaller from development impact fees (DIFs). SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space. The bill also exempts an ADU or JADU with fewer than 500 square feet of interior livable space from school impact fees (amended Government Code Section 66311.5).

Quantity of ADUs Created Under Government Code Section 66323 Existing state law creates four categories of ADUs that must be approved if they comply with the limited standards provided in Government Code Section 66323(a)(1) through 66323(a)(4). These are:
• A converted ADU and JADU created on a lot with a proposed or existing singlefamily dwelling (Government Code Section 66323(a)(1)); • A detached ADU created on a lot with a proposed or existing single-family dwelling (Government Code Section66323(a)(2));
• Converted ADUs created in an existing multifamily dwelling (Government Code Section66323(a)(3)); and,
• Detached ADUs created on a lot with a proposed or existing multifamily dwelling.

Previously, there had been uncertainty as to whether ADUs created under Government Code section 66323 could be combined. Some practitioners interpreted the statute to not require local agencies to allow combinations. Initially, HCD took the same position in their 2020 ADU Handbook. More recently, HCD has now determined that combinations could be permitted as indicated in January 2025 ADU Handbook (p. 19 “[Pursuant to

Government Code section 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together”].) SB 543 codifies HCD’s most recent interpretation by amending Government Code Section 66323 to specifically allow combinations. Thus, a lot with a multifamily dwelling can now have converted ADU(s) created under Section 66323(a)(3) and detached ADUs created under Section 66323(a)(4). Additionally, a lot with a single family dwelling can now have a converted ADU and a JADU created under Section 66323(a)(1) and a detached ADU created under Section 66323(a)(2).

ADU Permitting Process
Existing law has required local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, State law did not have any provisions with respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications. Presently, SB 543 now requires local agencies to:

1. Determine whether an ADU application is complete within 15 business days of submittal;
o If the application is incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them;

2. Review a resubmitted application for completeness within 15 business days;

3. Provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or City Council, or both); and,

4. Provide a final written determination on the appeal within 60 business days of receiving the appeal. (See amended Gov. Code, §§ 66317 [ADUs], 66335 [JADUs].)
CONCLUSION: The amendments contained in the ordinance are intended to implement changes necessary to bring SEMMC Chapter 17.12 into compliance with the State of California laws regarding the regulation of ADUs.

ATTACHMENT(S):

A. ADU Ordinance No. 1293
B. Exhibit A to Ordinance, Proposed ADU Amendment/Chapter 17.12 of City of South El Monte Municipal Code

ATTACHMENT A
ORDINANCE NO. 1293

AN ORDINANCE OF THE CITY OF SOUTH EL MONTE

AMENDING SOUTH EL MONTE MUNICIPAL CODE
CHAPTER 17.12 “ACCESSORY DWELLING UNITS” TO

CONFORM WITH STATE LAW
WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law take effect on January 1, 2026, and for the City’s ADU ordinance to be valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, on March 25, 2026, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on May 5, 2026 the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).

SECTION 4. Code Amendment. Chapter 17.12 of the South El Monte Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 6. HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 1415 Santa Anita Avenue, South El Monte, CA 91733.

SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

PASSED, APPROVED, AND ADOPTED this ____ day of May 2026. __________________________________
Gloria Olmos, Mayor
ATTEST:
___________________________
Adrian Garcia, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Susie A. Altamirano, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Ordinance, being Ordinance No. 1293 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ___ day of May 2026, and that thereafter, said Ordinance was duly passed and adopted by the City Council of the City of South El Monte at a regular meeting of said Council held on the ____ day of May 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Adrian Garcia, MMC, City Clerk

93939.00066\43259374.7

EXHIBIT A
Section 17.12 Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) “Efficiency kitchen” means a kitchen that includes all of the following:
(A) A cooking facility with appliances.

93939.00066\43259374.7
2 (B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(A) It is no more than 500 square feet of interior livable space in size. (B) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (C) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(D) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) above. (6) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (7) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (8) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(9) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (d) Approvals. The following approvals apply to ADUs and JADUs created under this section:

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3 (1) Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (d)(3) below. (2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the Director of Community Development (“Director”) and approved by the city council by resolution.
(3) Process and Timing.
(A) Completeness.
(i) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal. (ii) Incomplete items. If the city’s determination under subsection (d)(3)(A)(i) above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
(iii) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
(iv) Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
(v) Deemed complete. If the city does not make a timely determination as required by this subsection (A), the application or resubmitted application is deemed complete for the purposes of subsection (d)(3)(C) below.
(vi) Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

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4 (B) No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. (C) Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (D) Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (d)(3)(C) above. (E) Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
(F) Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(e) Classes.
(1) Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(1). An ADU and JADU approved under subsection (e)(1)(A) may be combined with an ADU approved under subsection (e)(1)(B), and ADUs approved under subsection (e)(1)(C) may be combined with ADUs approved under subsection (e)(1)(D).

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5 (A) Converted on Lot with Single-Family: One ADU as described in this subsection (e)(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the single-family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
(B) Limited Detached on Lot with Single-Family: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet of livable space or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.
(C) Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (e)(1)(C), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(D) Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

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6 (ii) The peak height above grade does not exceed the applicable height limit provided in subsection (f)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
(2) Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection (e)(1) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below.
(f) General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
(1) Zoning.
(A) A Class 1 ADU approved under subsection (e)(1) may be created on a lot in a residential or mixed-use zone.
(B) A Class 2 ADU approved under subsection (e)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
(C) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. (2) Height.
(A) Except as otherwise provided by subsections (f)(2)(B) and (f)(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. (B) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. (C) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(D) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies

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7 to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (f)(2)(D) may not exceed two stories. (E) For purposes of this subsection (f)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
(B) The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(7) Owner Occupancy.
(A) ADUs. ADUs are not subject to an owner-occupancy requirement. (B) JADUs.
(i) Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
(ii) Exceptions. The owner-occupancy requirement in this subsection (f)(7)(B) does not apply in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

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8 (II) The property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
(A) The JADU may not be sold separately from the primary dwelling. (B) The JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(E) The deed restriction is enforceable by the Director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. (9) Building & Safety.
(A) Must comply with building code. Subject to subsection (f)(9)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this

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9 subsection (f)(9)(B) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(10) Certificate of Occupancy Timing.
(A) Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. (B) Limited Exception for State-declared Emergencies. Notwithstanding subsection (f)(10)(A) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. (ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency
proclamation.
(iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
(g) Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection (e)(2) above. This subsection (g) does not apply to Class 1 ADUs or JADUs approved under subsection (e)(1) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (g) is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
(B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(C) Application of other development standards in this subsection (g), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (g)(1)(B) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU have less than 800 square feet of interior livable space.

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10 (2) Floor Area Ratio (FAR). No ADU subject to this subsection (g) may cause the total FAR of the lot to exceed maximum allowed by city subject to subsection (g)(1)(C) above.
(3) Setbacks.
(A) ADUs that are subject to this subsection (g) must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection (g) must conform to city code for front setbacks, subject to subsection (g)(1)(C) above. (B) No setback is required for an ADU that is subject to this subsection (g) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(4) Lot Coverage. No ADU subject to this subsection (g) may cause the total lot coverage of the lot to exceed maximum percent as allowed by city subject to subsection (g)(1)(C) above.
(5) Minimum Open Space. No ADU subject to this subsection (g) may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection (g)(1)(C) above.
(6) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(7) Parking.
(A) Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above. (B) Exceptions. No parking under subsection (g)(7)(A) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure.
(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.

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11 (vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (g)(7)(B)(i) through (v) above.
(C) No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(8) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(D) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(E) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. (F) No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight. (G) All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (9) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(A) At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall. (B) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

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12 (C) All landscaping must be drought-tolerant.
(D) All landscaping must be from the city’s approved plant list. (10) Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(11) Allowed Stories. No ADU subject to this subsection (g) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (f)(2)(D) of this section. (h) Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (e)(1) or (e)(2) above. (1) Impact Fees.
(A) No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection (h)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(B) A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
(C) Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(B) Except as described in subsection (h)(2)(A), JADUs and converted ADUs on a single-family lot that are created under subsection (e)(1)(A) above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility

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13 connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
(C) Except as described in subsection (h)(2)(A), all ADUs that are not covered by subsection (h)(2)(B) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.

All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(i) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2020. (A) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section NN.NNN).
(B) Exceptions:
(i) Notwithstanding subsection (i)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. (ii) Subsection (i)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

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14 (j) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (a) through (i) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

City Council Agenda Report
Agenda Item No. 8.d.

DATE: May 5, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION OF FIRST READING OF ORDINANCE NO. 1294, AMENDING SECTION 5.24.180 OF CHAPTER 5.24 OF
TITLE 5 IMPOSING A 500-FOOT NON-SOLICITATION
BUFFER AROUND K-12 SCHOOLS IN THE CITY
SUMMARY: Consideration to introduce by title only for first reading of Ordinance No. 1294 amending Section 5.24.180 (“Manner of Solicitation” attachment C) of Chapter 5.24 (“Solicitation”) of Title 5 (“Business Taxes, Licenses and Regulations”), establishing a 500-foot non-solicitation buffer around K-12 schools in the City to protect and preserve the public health, safety, and welfare.

RECOMMENDED ACTION: Staff recommends City Council:

1. Conduct a public hearing;

2. Take public testimony;

3. Find that Ordinance No. 1294 is a constitutionally permissible and necessary time, place, and manner regulation; and

4. Waive full reading and introduce Ordinance No. 1294 by title only to amend the South El Monte Municipal Code (SEMMC) Section 5.24.180 (“Manner of Solicitation”) to prohibit solicitation activities within 500-feet of K-12 schools.

FISCAL/FINANCIAL IMPACT: No anticipated financial impact.

DISCUSSION: City Council directed staff to bring an ordinance prohibiting solicitation within 500 feet of all K-12 schools in the City to protect public health, safety, and welfare. Currently, City Code Enforcement officers and City-contracted Parking Enforcement officers assist the following K-12 schools with daily traffic control during the busiest times for student drop-off and pick-up:
• New Temple Elementary
• Monte Vista School
• Miramonte Elementary

• Dean L. Shively Middle School
• South El Monte High School
• Epiphany Catholic School
On occasion, solicitors are present during these hours, creating potential hazards by walking between vehicles temporarily stopped in the street, disrupting traffic flow, distracting parents and children, and causing crowding on sidewalks. This hazardous behavior not only raises public health, safety, and welfare issues, but also risks additional expenditure of public resources. Adopting a distance and time regulation that prohibits solicitation within 500 feet of K-12 schools will protect students, parents, and school employees and ensure efficient and safe traffic flow.

This Ordinance will prohibit all solicitation within 500 feet of K-12 schools within thirty minutes of school starting or ending, including any break periods during school hours.

Solicitors, provided they obtain a City permit, will still be able to solicit near schools in the early morning and afternoon hours and in areas depicted in the attached map (Attachment B). Note that Loma Elementary School is included on the map, but is currently closed.

FINDINGS:

Pursuant to the First Amendment of the U.S. Constitution, and subject to the regulations under SEMMC Chapter 5.24 (“Solicitation”), people may solicit for any commercial, charitable, or other purpose in the City, but must first apply for and obtain a solicitation permit. The City may adopt Ordinance No. 1294 further regulating solicitation if the new regulation is content-neutral and (1) serves a legitimate public interest; (2) is narrowly tailored to serve that interest; and (3) leaves open alternative channels for communication.

1. The Ordinance is Content-Neutral. The Ordinance does not regulate solicitation based on the content of speech. The new regulation expressly provides that the 500-foot distance requirement applies to all solicitation, including “any commercial, noncommercial, charitable, religious, civic, political, or non-political purpose or activity… .”

2. The Ordinance Serves a Legitimate Public Interest. The City has a legitimate public interest in protecting and preserving public health, safety, and welfare.

Solicitation activities within 500 feet of schools during school hours create a public hazard to students, parents, teachers, administrators, and the general public, and the City has a duty and legitimate interest in addressing public hazards.

3. The Ordinance is Narrowly Tailored to Serve that Interest. The Ordinance only prohibits solicitation activities during times and at locations when they are considered hazardous to the general public. Further streamlining this Ordinance invites continued risks to the public health, safety, and welfare around schools and impacts on traffic around schools.

4. The Ordinance Leaves Open Alternative Channels for Communication. As noted in the attached map, people may solicit in most other areas in the City and are able to solicit near schools outside the times when such activity is prohibited, including early morning and late afternoon hours.

CONCLUSION:

Staff recommends introducing by title only the proposed Ordinance No. 1294 for first

reading and finding that it is a permissible and necessary time, place, and manner regulation on solicitation. A Notice of Public Hearing was published on April 20, 2026, in the San Gabriel Valley Tribune.

ATTACHMENT(S):

A. SEM_School Buffer Ordinance No. 1294 Solicitation
B. Solicitation 500ft_3
C. SEMMMC Section 5.24.180 (Manner of Solicitation)

ATTACHMENT A
ORDINANCE NO. 1294

AN ORDINANCE OF THE CITY OF SOUTH EL MONTE

AMENDING THE SOUTH EL MONTE MUNICIPAL CODE
SECTION 5.24.180 (MANNER OF SOLICITATION) TO
IMPOSE A 500-FOOT NON-SOLICITATION BUFFER
AROUND K-12 SCHOOLS
WHEREAS, pursuant to California Constitution Article XI, Section 7, the City of South El Monte (“City”) has the authority, under its police power, to enact regulations for the public health, safety, and welfare of the City; and
WHEREAS, the City may regulate constitutionally protected speech if the regulations are content-neutral and (1) serve a legitimate public interest; (2) are narrowly tailored to serve that interest; and (3) leave open alternative channels for communication; and WHEREAS, City code enforcement officers and City-contracted parking officers assist six schools in the City with daily traffic control during the busiest times for student drop-off and pickup; and
WHEREAS, solicitors are sometimes present during these times, walking in between cars stopped in the street, speaking with drivers, disrupting traffic flow, distracting parents and children, and causing crowding on sidewalks; and
WHEREAS, to alleviate any impact on traffic and maintain the public safety and welfare around schools, the City seeks to prohibit all solicitation activities within 500-feet of school campuses; and
WHEREAS, the City Council held a noticed public hearing on this Ordinance on May 5, 2026, at which time it considered all testimony, both written and oral; and WHEREAS, the City Council finds that a 500-foot non-solicitation buffer from schools will aid in protecting the public health, safety, and welfare; and WHEREAS, a notice of public hearing was posted in the San Gabriel Valley Tribune on March 26, 2026, for the first reading of Ordinance No. 1294 to be considered by City Council on May 5, 2026.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

SECTION 1: The above recitals are true and correct and are hereby adopted as findings, and are incorporated into this Ordinance by this reference.

SECTION 2: Based on the record of the hearing, including all information presented at the hearing and the staff report dated March 3, 2026, which is hereby incorporated into this Ordinance No. 1294 by reference, the City Council finds a 500-foot non-solicitation buffer around

Ordinance No. 1294

schools is a permissible, content-neutral time, place, and manner regulation because it adheres to the following requirements:

A. It serves a legitimate public interest;
B. It is narrowly tailored to serve that interest; and
C. It leaves open alternative channels for communication.

SECTION 3: Based on the foregoing, the City Council hereby introduces this Ordinance, imposing a 500-foot non-solicitation buffer around K-12 schools in the City, as a permissible and necessary time, place, and manner regulation to protect the public health, safety, and welfare.

SECTION 4: Section 5.24.180 (Manner of solicitation) of Chapter 5.24 (Solicitation) of Title 5 (Business Taxes, Licenses and Regulations) of the South El Monte Municipal Code is hereby amended to add a subsection “K,” to read in its entirety as follows:
“K. No person shall solicit for any commercial, noncommercial, charitable, religious, civic, political, or non-political purpose or activity within five hundred (500) feet of any K-12 school within thirty minutes of school starting or ending, including any break periods during school hours.”
SECTION 5: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The South El Monte City Council hereby declares that it would have adopted this Ordinance and the code adopted thereby, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional.

SECTION 6: The City Clerk shall certify to the adoption of this Ordinance.

SECTION 7: Publication. The City Clerk is directed to cause this Ordinance to be published within fifteen (15) days of its passage in a newspaper of general circulation published and circulated within the City of South El Monte.

SECTION 8: Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.

PASSED, APPROVED AND ADOPTED this ___ day of May, 2026. [SIGNATURES ON FOLLOWING PAGE]

Ordinance No. 1294

________________________________
Gloria Olmos, Mayor
ATTEST:
_________________________________
Adrian Garcia, MMC, City Clerk
APPROVED AS TO FORM:
_________________________________
Susie A. Altamirano, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Ordinance, being Ordinance No. 1294 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ___ day of May 2026, and that thereafter, said Ordinance was duly passed and adopted by the City Council of the City of South El Monte at a regular meeting of said Council held on the ____ day of May 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Adrian Garcia, MMC, City Clerk

§ 5.24.180. Manner of solicitation.
(Prior code §7-6-18; Ord. 703 §2, 1984; Ord. 788 §1, 1987) A. No person shall solicit without a permit or an identification card.

B. No person shall allow any person under sixteen years of age to solicit after six p.m. unless accompanied by a parent, guardian or other responsible adult, nor shall any person under the age of sixteen years solicit after such time unless accompanied by a parent, guardian or other responsible adult.

C. No person shall solicit at any dwelling, including but not limited to a house, apartment or condominium where there is a sign indicating "No Solicitations," "Do Not Disturb," or any other indication that the occupants do not wish to be solicited or in any other way have their privacy disturbed.

D. No person to whom a permit has been issued under this chapter, nor any of the agents or solicitors of such person, shall touch, come into physical contact with, or affix any object to the person of any member of the public, without first receiving express permission therefor from such member of the public.

E. No person to whom a permit has been issued under this chapter, nor any of the agents or solicitors of such person, shall persistently and importunately solicit any member of the public after such member of the public expresses his or her desire not to be solicited.

F. No person to whom a permit has been granted under this chapter, nor any of the agents or solicitors of such person, shall intentionally or deliberately obstruct the free movement of any person on any street, sidewalk or other place or in any place open to the public generally.

G. No person to whom a permit has been granted under this chapter, nor any of the agents or solicitors of such person, shall solicit from a captive audience. "Captive audience" is defined as purposefully stationary persons, such as persons in lines or seated in public places.

H. No person shall threaten any injury or damage to any person who declines to be solicited.

I. No person shall accept food stamps as a contribution.

J. No person shall misrepresent his or her mental health while soliciting.

City of South El Monte, CA
Downloaded from https://ecode360.com/SO5015 on 2026-04-30

City Council Agenda Report
Agenda Item No. 9.a.

DATE: May 5, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: David De Vries, Director of Economic Development SUBJECT: CONSIDERATION AND APPROVAL OF THE BUSINESS

MURAL INCENTIVE PROGRAM
SUMMARY: The Business Mural Incentive Program establishes a strategic framework to incentivize businesses within the Arts District to participate in the City's Business Mural Program. In addition to existing incentives, staff proposes a pilot program seeded with $50,000 transferred from the General Fund balance reserves and managed internally based on effectiveness for paint reimbursement, mural lighting, and/or an artist stipend in addition to sign permit fee waivers, artist business license fee waivers, and free rental of the City's scissor lift and time-lapse video equipment.

RECOMMENDED ACTION: Staff recommends City Council discuss and approve the Business Mural Incentive Program seeded with $50,000 transferred from the General Fund balance reserves.

FISCAL/FINANCIAL IMPACT: $50,000 will be transferred from the General Fund balance reserves to the Business Mural Incentive Program.

DISCUSSION: The Business Mural Incentive Program establishes a strategic framework to incentivize businesses within the Arts District to participate in the City's Business Mural Program as discussed on SEM.art. By mitigating financial and logistical hurdles, this program seeks to accelerate the visual transformation of the South El Monte Arts District into a premier cultural destination.

The City has successfully launched the foundational components of its arts initiative via SEM.art.

Current active programs related to business murals include:
• Business Mural Program: A collaboration where the City facilitates the installation of highquality murals on private commercial property. This program encourages art within the industrial and commercial corridors while fostering a unique district identity. The City will help promote the business and artist through the Arts Map on SEM.art and both the business and muralist will be featured in the City newsletter and social media, as a part of an unveiling reception, and through City Council recognition.
• Featured Artist Program: Artists participating in the Business Mural program will be featured on the Arts Map and Artist registry and participate in the same cross-marketing efforts as the business. A link to the artist’s Instagram, complete with their biography, and a photograph of

the artwork will be posted at SEM.art. This database serves as a resource for property and business owners to identify talent capable of executing large-scale public works with the artist they prefer.

To increase participation, staff proposes a pilot Business Mural Incentive Program seeded with $50,000 transferred from the General Fund balance reserves. This program will be managed internally, allowing staff to allocate resources based on the specific needs and effectiveness of individual project applications. Murals shall be a minimum of 400 square feet (or relative proportion thereof) to maximize the incentives. Proposed incentives funded by the seed funds include:
• Paint Reimbursement: Direct reimbursement up to $1,000 for high-quality, durable paint and anti-graffiti coatings after the mural is completed and certified. • Mural Lighting: Direct reimbursement for mural lighting up to $300 for the high-quality installation of LED or solar lighting (e.g., up-lighting, down-lighting, timers) to ensure artworks are visible and to enhance public safety at night.
• Artist Scholarships: Providing stipends up to $1,200 per mural as a direct payment to the artist intended for talented, local emerging artists with residency or student status in the San Gabriel Valley. Stipend criteria will be further determined by staff.

This financial incentive program allows for the funding of approximately 20 mural projects within the Arts District.

In addition to financial reimbursements, the program will be updated to include the following:
• Fee Waivers: Waiver of all Sign Permit fees related to murals only for businesses. Artists will not be subject to Business License fees for only those participating in the mural program. • City Scissor Lift: Free rental of the City's scissor lift for approved mural installations provided appropriate deposit and liability waivers are provided, which significantly reduces rental costs for artists.
• Time Lapse Video: The City has purchased the equipment necessary to produce time-lapse videos for artwork and construction within the City. This program will allow the artist to rent the equipment for free with an appropriate deposit and waiver under the direction of staff.

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 9.b.

DATE: May 5, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: David De Vries, Director of Economic Development SUBJECT: CONSIDERATION OF RESOLUTION NO. 26-033,

APPROVING AGREEMENT WITH DAWSON & ASSOCIATES

FOR CONSULTING SERVICES FOR INTERGOVERNMENTAL

COORDINATION (IGC)
SUMMARY: A consultant is needed to provide professional intergovernmental coordination services to effectively communicate municipal opportunities and strengthen partnerships with Federal and Los Angeles County representatives affiliated with Whittier Narrows in the County of Los Angeles. Dawson & Associates is familiar with such coordination through the recent Magellan Industrial/Recreation project at 825 Lexington Gallatin Road. The firm possesses a unique history and technical expertise regarding South El Monte's specific needs. Staff recommends entering into a professional services agreement to ensure the City follows appropriate strategy, procedures, and communication with Federal agencies to understand land use opportunities within Whittier Narrows.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 26- 033, approving a professional services agreement with Dawson & Associates for Intergovernmental Coordination Services in an amount not to exceed $117,000 for an initial term of one hundred and eighty (180) days.

FISCAL/FINANCIAL IMPACT: This item was not budgeted in Fiscal Year 2025-26, so General Fund reserves will be applied. For Fiscal Year 2026-27, this item will be budgeted within the General Fund's Economic Development Department (01-180-1800- 5215) pending City Council adoption of the Fiscal Year 2026-27 budget.

DISCUSSION: The City of South El Monte is exploring opportunities within the Whittier Narrows Recreation Area, specifically related to the upcoming 2028 Summer Olympics Clay Shooting competition, establishing "Cool Zones," allowable uses at the site north of the Magellan property at 825 Lexington-Gallatin Road and within Whittier Narrows adjacent to the Arts District (both south and west). The land is owned by the U.S. Army Corps of Engineers (USACE) and within the County of Los Angeles' jurisdiction with specific County parks and recreation designations. Towards these efforts, the City

requires specialized intergovernmental coordination. Dawson & Associates (D&A) proposes to provide these consulting services, leveraging a team of former high-ranking federal officials to facilitate appropriate coordination and outcomes.

D&A will lead or participate in managing communications with the USACE Los Angeles District, and review responses to agency requests for information to maintain a strong partnership. This coordination aims to explore various land-use opportunities, including leases, joint-use agreements, and potential annexations. D&A will provide process management, advocacy, and strategic advice to ensure the City complies with Federal, State and County policies and permitting requirements as applicable. The firm will focus on assessing the requirements for efficient permission, developing action timelines, and advising on funding mechanisms as applicable.

Staff recommends moving forward with Dawson & Associates for several key reasons:
• Unrivaled Federal Expertise: The proposed team includes a retired Major General and former USACE Chief of Operations, offering the City direct access to individuals who previously managed the very systems the City must now navigate. • Targeted Local Knowledge: The team leader is a former District Counsel for the USACE Los Angeles District, providing intimate familiarity with the specific regional office overseeing the Whittier Narrows project site(s). • Comprehensive Policy Guidance: D&A provides detailed technical and policy-level guidance across real estate, engineering, and flood control, ensuring the City's project does not inadvertently raise future challenges. • Flexible Engagement: The contract is structured as $117,000 for an initial term of one hundred and eighty (180) days, with all hourly rates and tasks pre-approved by the City.

This collaboration will provide the City with the high-level strategy needed to successfully interface with agencies.

ATTACHMENT(S):

A. Resolution No. 26-033 - PSA for Intergovernmental Coordination Services with Dawson & Associates
B. Draft Professional Services Agreement with Dawson & Associates for Intergovernmental Coordination
C. DRAFT Proposal Dawson & Associates for Intergovernmental Coordination

RESOLUTION NO. 26-033

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH EL

MONTE, CALIFORNIA, APPROVING AND AUTHORIZING THE

EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF SOUTH EL MONTE AND DAWSON &
ASSOCIATES, INC., FOR INTERGOVERNMENTAL COORDINATION

SERVICES
WHEREAS, the City of South El Monte ("City") is committed to exploring opportunities within the Whittier Narrows Recreation Area (“Whittier Narrows”), specifically related to the upcoming 2028 Summer Olympics Clay Shooting competition, to establish "Cool Zones," and other potential allowable uses at the site north of the Magellan Property, located at 825 Lexington-Gallatin Road, within Whittier Narrows and adjacent to the Arts District (both south and west); and WHEREAS, Dawson & Associates, Inc. (“Dawson”) has unique knowledge of, and demonstrated expertise in, intergovernmental coordination within the area, specifically regarding the property at 825 Lexington-Gallatin Road and is currently prepared to provide professional intergovernmental coordination services; and WHEREAS, the City requires professional intergovernmental coordination services to effectively communicate municipal opportunities and strengthen partnerships with Federal agencies and Los Angeles County representatives affiliated with Whittier Narrows in the County of Los Angeles; and
WHEREAS, the City wishes to retain the services of Dawson & Associates, Inc. to provide such professional intergovernmental coordination services; and WHEREAS, pursuant to the South El Monte Municipal Code Section 3.16.070, the City is not required to solicit formal bids for professional services; and WHEREAS, City staff recommends that the City enter into a professional services agreement with Dawson & Associates, Inc. for professional consulting services in an amount not-to-exceed One Hundred Seventeen Thousand Dollars ($117,000.00) for a period of one hundred and eighty (180) days, with a possible extension for one (1) additional one hundred and eighty (180) day period.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of South El Monte finds and determines that the foregoing recitals of fact are true and correct and are hereby incorporated herein by this reference.

2 SECTION 2. The City Council of the City of South El Monte hereby authorizes the City Manager to execute a Professional Services Agreement by and between the City of South El Monte and Dawson & Associates, Inc., in a form approved by the City Attorney, in an amount not to exceed One Hundred Seventeen Thousand Dollars ($117,000.00) for a period of one hundred and eighty (180) days, with a possible extension for one (1) additional one hundred and eighty (180) day period.

SECTION 3. The City Council of the City of South El Monte further directs the City Manager, or designee, in consultation with the City Attorney, to take all actions necessary to effectuate this Professional Services Agreement.

SECTION 4. The City Clerk shall certify the passage and adoption of this Resolution, and this Resolution shall be published as required by law and shall take effect in accordance with law.

PASSED, APPROVED, and ADOPTED by the City Council of the City of South El Monte this 5th day of May, 2026.
_____________________________
Gloria Olmos, Mayor
ATTEST:
__________________________
Adrian Garcia, MMC, City Clerk

3 CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution, being Resolution No. 26-033, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 5th day of May, 2026, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adrian Garcia, MMC, City Clerk

1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SOUTH EL MONTE AND
DAWSON & ASSOCIATES, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2026 (hereinafter, the “Effective Date”), by and between the CITY OF SOUTH EL MONTE, a municipal corporation (hereinafter, “CITY”), and DAWSON & ASSOCIATES, INC., a District of Columbia corporation (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional intergovernmental coordination services to effectively communicate municipal opportunities and strengthen partnerships with Federal and Los Angeles County representatives affiliated with Whittier Narrows Recreation Area (“Whittier Narrows”), specifically related to the upcoming 2028 Summer Olympics Clay Shooting competition, in the County of Los Angeles, to establish "Cool Zones" and possible other allowable uses at the site north of the Magellan Property located at 825 Lexington-Gallatin Road, within Whittier Narrows and adjacent to the Arts District (both south and west) (the “Project”); and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the South El Monte City Council at its Regular Meeting of May 5th, 2026 under Agenda Item No. _____.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term of one hundred and eighty (180) days, commencing on the Effective Date (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. The Term may be extended for one (1) additional, one hundred and eighty (180) day period at the option of the CITY, provided that CITY provides CONSULTANT with written notice of CITY’s intent to exercise CITY’s option to extend the term of the Agreement no less than thirty (30) days prior to the expiration of the Term or any prior extension term. In the

2 event CITY exercises its option to extend this Agreement, all terms, conditions, and provisions of this Agreement shall remain in effect and govern the duties, responsibilities, and liabilities of the parties hereto.

1.2 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain CITY REQUIREMENTS and the written proposal of CONSULTANT (hereinafter, the “CONSULTANT Proposal”), dated March 13, 2026. The CITY REQUIREMENTS and CONSULTANT Proposal are attached and
incorporated hereto as EXHIBITS “A” AND “B,” respectively. The term “Scope of Work” shall be a collective reference to the CITY REQUIREMENTS and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY REQUIREMENTS and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY REQUIREMENTS shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.3 PROSECUTION OF WORK:

A. Time is of the essence of this Agreement and each and every provision contained herein. CONSULTANT shall perform the Work contemplated under this Agreement on an on-call, as-needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the
performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
i. A detailed description of the specific services or tasks requested; ii. The location of where the particular services or tasks are to be performed, if applicable;
iii. A timeline for completing the requested services or tasks, if applicable;

3 iv. Any other information CITY deems necessary and relevant to the requested services or tasks; and
v. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall be compensated for services performed pursuant to the schedule of compensation included in EXHIBIT “B.” CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the budgeted sum of ONE HUNDRED SEVENTEEN THOUSAND DOLLARS ($117,000.00) for the Term of the Agreement and any extension (hereinafter, the “Not-to-Exceed Sum”), unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.5 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will

4 not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY REPRESENTATIVE: The CITY hereby designates David De Vries, Director of Economic Development (hereinafter, the “City Representative”), to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Edward R. Fleming, Executive Vice President, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).

Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.

5 2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, 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 will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT

6 to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT 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 Services 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 CONSULTANT at the request of the CITY.

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel

7 performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.

CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

8 3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).

Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability 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 CONSULTANT 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 CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide,

9 have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide.

As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the City Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: 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 CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. 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.

10 IV.

INDEMNIFICATION

4.1 Other than in the performance of design professional services, to the fullest extent permitted by law, including, but not limited to, California Civil Code Section 2778, CONSULTANT shall, at its sole cost and expense, defend indemnify, hold harmless, and indemnify CITY and its elected and appointed officials, officers, employees, agents, and designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of CITY officials (collectively , the “CITY Indemnitees”) from and against any and all injury, damages, claim, causes of action, lawsuit, costs, expenses, liabilities, litigation costs, liens, penalties, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively, “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of CONSULTANT, its officers, agents, servants, employees, subcontractors, materialmen, consultants, or their officers, agents, servants, or employees (or any entity or individual for whom CONSULTANT shall bear the liability) in the performance of this Agreement, including the CITY Indemnitee’s active or passive negligence or breach of the provisions of this Agreement, except for Liabilities arising from the sole negligence or willful misconduct of the CITY Indemnitees as determined by court decision or by the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the CITY Indemnitees’ choice, and shall pay all costs and expenses, including attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONSULTANT shall reimburse the CITY Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

4.2 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.3 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.

4.4 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT

11 agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, 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 CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.5 CITY does not and shall not waive any rights that it may possess against CONSULTANT 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.

4.6 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request.

No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur.

For all Events of Default, the Party alleging an Event of Default will give

12 written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure

13 or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vi) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately

14 terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will 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 will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants

15 working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

Dawson & Associates, Inc.
1225 I Street, NW, Suite 250
Washington, DC 20005
Attn: Edward R. Fleming
Phone: (202) 289-2060
City of South El Monte
Department of Economic Development
Attn: David De Vries
1415 Santa Anita Ave.

South El Monte, CA 91733
Phone: (626) 350-5667
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation

16 subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT 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 CONSULTANT, 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 will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will 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, will be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

17 6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.

6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT 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 CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will

18 be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)

19 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 SOUTH EL MONTE:

By:

Rene Salas, City Manager

Date:_______________________
DAWSON & ASSOCIATES, INC.:

By:__________________________
Name:_ Edward R. Fleming
Title:__ Executive Vice President
Date:________________________
APPROVED AS TO FORM:

By: __________
Susie Altamirano, City Attorney
Date:______________________

20 EXHIBIT “A”

CITY REQUIREMENTS
I. Consultant will perform the following Services:

A. Provide strategic recommendations for coordination with recommended officials (e.g., Army Corps of Engineers, County of Los Angeles Board of Supervisors, County of Los Angelese Parks Division) related to exploring opportunities at the site north of the Magellan property at 825 LexingtonGallatin Road and within the Whittier Narrows Recreation Area including, but not limited to, the upcoming 2028 Summer Olympics Clay Shooting competition, establishing "Cool Zones," and allowable land uses and development and recreational opportunities. This coordination aims to explore various partnership opportunities, including leases, joint-use agreements, and potential annexations. Dawson & Associates will provide process management, advocacy, and strategic advice to ensure the City complies with Federal, State and County policies and permitting requirements as applicable.

The firm will focus on assessing the requirements for efficient permission, developing action timelines, and advising on funding mechanisms as applicable.

B. Coordinate meetings with recommended officials (e.g., Army Corps of Engineers, County of Los Angeles Board of Supervisors, County of Los Angelese Parks Division).

C. Review various documents and provide recommendations for compliance and next steps as applicable.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Minutes from meetings with City staff and officials (e.g., Army Corps of Engineers, County of Los Angeles Board of Supervisors, County of Los Angelese Parks Division), including Key Takeaways and Next Steps and Timelines as a part.

III. During performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. Schedule and timeline and weekly updates and modifications.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Edward R. Fleming, Executive Vice President
B. Gen. (Retired) Rick Stevens (Dawson & Associates Chief Operating Officer) C. Steve Temmel (Senior Advisor - Team Leader)
D. Mike Ensch (Senior Advisor – USACE Operations and Regulatory) E. Steve Stockton (Senior Advisor – USACE Engineering and Flood Control Policy)
F. Liz Fagot (Senior Advisor - Corps Real Estate)

21

22 EXHIBIT “B”

CONSULTANT PROPOSAL AND COMPENSATION SCHEDULE

Proposal
South El Monte, CA
Intergovernmental Coordination (IGC) Consulting Services March 13, 2026
Background___________________________________________________ South El Monte, CA (“the City”), is located in the heart of the San Gabriel Valley, just minutes from downtown Los Angeles. South El Monte was incorporated into a city in 1958 with a population of 3,900 and is now home to more than 20,000 residents with a daytime population of over 44,000, as workers from various business and industries stream into the city limits every morning. The City is also home to the Whittier Narrows Dam basin, reservoir and recreation areas that serve as flood water capacity when needed during floods. Lastly, the City, in the Whittier Narrows Recreation Area, will host the 2028 Summer Olympics Clay Shooting competition.

The City is planning to build what they call a “Cool Zone” adjacent to the Olympic venue. This Cool Zone will have a reservoir with recreational attractions that may decrease its flood control capacity. The project will require permission in accordance with Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408) (Section 408). The project site is entirely located within the U. S. Army Corps of Engineers (USACE) Los Angeles District. The City would like to explore opportunities with the Army Corps of Engineer’s who owns the properties within Whittier Narrows adjacent to or within the City jurisdictional boundaries.

These opportunities may include, but not be limited to, land leases, joint-use agreements, development agreements, shared parking agreements, zoning allowances, TIF, Property Based Improvement Districts and annexations,
Dawson and Associates (D&A) has unique expertise in assisting its clients to comply with the complex requirements of federal environmental permitting and federal real estate law and policy. This work is primarily with USACE authority but may have overlapping coordination with US Fish and Wildlife Service (USFWS), the US Environmental Protections Agency (EPA), and other agencies.

Proposed Scope of Work__________________________________________

D&A Proposal: South El Monte – Federal Environmental Permitting Consulting Services 2 D&A will provide process management advice and active coordination and advocacy with the federal agencies for and under the leadership of the City. Specifically, as part of the project team, D&A proposes the following tasks:
• Engage with the project team consultants to review USACE authorities/processes and gain awareness of previous interactions with USACE.
• Provide an assessment of what the applicant will need to receive the Section 408 permission in the most efficient period of time and develop an estimated timeline of actions. • Provide advice, including advantages and disadvantages, and review documentation inherent to Section 1156(a)(2) of WRDA 2016 that allows USACE to accept and expend nonfederal public or private funding to evaluate requests under Section 408. • Provide technical advice and assist the project team in seeking acceptable and timely Corps actions and coordination.
• Participate, and lead if desired, weekly calls with the project delivery team members throughout the submittal/review process to track required actions and identify continuing or new challenges in order to develop solutions to those challenges. • Communicate with the appropriate managers at the Los Angeles District only with City prior approval, concurrence and alignment of messages. • As needed, communicate with the appropriate level of management at USACE regarding status and other outstanding issues related to the application review. • Review responses to agency requests for additional information (RAIs) and maintain attention on the development of the public record. D&A will work with the project team to ensure that they do not inadvertently raise future challenges by the content of responses to USACE.
• Provide other detailed policy level guidance to the City, as needed, based on the course of the agencies’ evaluation and decision-making.

In support of the City’s project, the D&A role is limited to that of advisor, strategist, and facilitator. D&A is not responsible for developing technical data, applications, presentations, studies and analyses, and other substantive materials. Further, D&A does not provide legal services or legal representation.

Potential Members of the D&A Team___________________________________

All D&A senior advisors will be available to the team. These Senior Advisors are particularly suited for work on this project:

Gen. (Retired) Rick Stevens (D&A Chief Operating Officer) • Former Deputy Chief of Engineers and USACE Deputy Commanding General • Former Commanding General, USACE, Pacific Ocean Division • Former Director, Joint Engineering Directorate, United States Forces-Afghanistan and Commander, Transatlantic Division (Forward)(Afghanistan), Afghanistan • Former Executive Officer to the Chief of Staff, U.S. Army, Washington, D.C. • West Point graduate, 35-years’ experience as a U.S. Army, Corps of Engineers officer

D&A Proposal: South El Monte – Federal Environmental Permitting Consulting Services 3 Mr. Steve Temmel (Senior Advisor - Team Leader)
• Former District Counsel, Los Angeles District, U.S. Army Corps of Engineers • Commissioned Officer with Military Service Jan 1969-Jan 1972 • Admitted to Practice Law – New York and California
• More than 34-years’ federal service with USACE
Mr. Mike Ensch (Senior Advisor – USACE Operations and Regulatory) • Former Corps of Engineers Chief, Operations and Regulatory • Former Corps’ Nashville District Chief of Operations
• 40-years’ experience in dredging, emergency management, operations and regulatory Mr. Steve Stockton (Senior Advisor – USACE Engineering and Flood Control Policy) • Former Director of Civil Works, HQs USACE
• Former Chief, Civil Works Engineering, HQs USACE
• Former Senior Executive, South Pacific Division USACE • Former Chief, Planning and Engineering Division, Portland District USACE • Professional Engineer licensed in Oregon (inactive)
• More than 41-years’ federal service with USACE
Ms. Liz Fagot (Senior Advisor - Corps Real Estate)
• Former Assistant Chief Counsel for Real Estate
• Former Chief, Civil Works Branch, Real Estate Directorate • Former Chief, Land Acquisition Division
• More than 30-years’ federal service with USACE
Fees______________________________________________________________ * Monthly retainer not to exceed $19,500. Hourly rates and tasks will be pre-approved by the City prior to services rendered.
* Reimbursement of out-of-pocket expenses such as client approved travel expenses Terms and Conditions________________________________________________ * Duration of the contract is 6-months and extends automatically on a month-to-month basis unless terminated per below
* After first 90-days, contract may be terminated by either party with 30-day notice

City Council Agenda Report
Agenda Item No. 9.c.

DATE: May 5, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Susie Altamirano, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION 26-034,

APPROVING THE SECOND AMENDMENT TO THE CITY

MANAGER EMPLOYMENT AGREEMENT WITH RENE
SALAS
SUMMARY: Staff is recommending the City Council to approve the Second Amendment to the City Manager Employment Agreement with Rene Salas.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution 26-034, approving the Second Amendment to the City Manager Employment Agreement with Rene Salas and authorize the Mayor to execute the City Manager Employment Agreement. In the alternative, Staff recommends City Council provide additional direction regarding the attached City Manager Employment Agreement.

FISCAL/FINANCIAL IMPACT: If approved, Mr. Salas’ annual salary will increase from $240,000 to $268,800, in addition to the benefits set forth in the City Manager Employment Agreement. At this time, funds are available to administer the terms of the employment agreement.

DISCUSSION: The City Manager is responsible for the efficient administration of all the affairs of the City which are under the City Manager’s control. The City Manager’s responsibilities include, but are not limited to: ensure that the laws of the state are duly enforced, direct all heads of departments, subordinate officers, and employees of the City, to exercise control over and supervise all departments of the City government, keep the City Council at all times fully advised of the financial conditions and needs of the City, make reports and recommendations as may be desirable or as requested by the City Council, and execute all written contract and conveyances, when authorized by the City Council.

Mr. Salas was first hired by the City on September 5, 2017, to serve as the Public Works Director. On December 11, 2019, Mr. Salas began overseeing the Community Development Department after the resignation of the prior Community Development Director, while continuing to serve as Public Works Director. Mr. Salas was appointed as

Deputy City Manager on September 22, 2020, and served as Interim City Manager from July 12, 2022 to January 24, 2023. Mr. Salas was then appointed as City Manager on January 24, 2023, and has been serving in that capacity since. Based on Mr. Salas’ executive and administrative qualifications, the City Council directed the City Attorney’s Office to renegotiate the terms of his existing employment agreement.

Adoption of the attached resolution would approve an amendment to Mr. Salas’ City Manager Employment Agreement to amend certain terms.

California Government Code Section 54953(c)(3) requires an oral report in an open meeting summarizing the proposed final action on salaries, salary schedules, or compensation paid in the form of fringe benefits of a City Manager. Accordingly, the proposed terms to the amendment to the City Manager Employment Agreement are outlined below and will be orally summarized at the May 5, 2026 City Council meeting:

COMPENSATION: Mr. Salas’ base monthly compensation shall be Twenty-Two Thousand Four Hundred Dollars ($22,400) per month to equal Two Hundred Sixty-Eight Thousand Eight Hundred Dollars ($268,800) annually (the “Salary”).

TERM: The term of the City Manager Employment Agreement will be for seven (7) years from May 5, 2026 until March 5, 2033.

TERMINATION BY CITY WITHOUT CAUSE: The City shall not terminate Mr. Salas without cause during or within any period of six (6) months immediately following any General Municipal Election held in the City of South El Monte.

TERMINATION BY CITY WITHOUT CAUSE: The City may terminate Mr. Salas without cause upon the affirmative vote of at least four-fifths (4/5) of the full membership of the City Council, requiring four (4) affirmative votes of a five-member City Council. The City Council shall endeavor to establish an Ordinance that reflects this four-fifths (4/5) termination of Employee without cause.

SEVERANCE PAY: For termination without cause, the City shall pay Mr. Salas an amount equal to twelve months of his monthly base salary, minus any applicable deduction.

DEFERRED COMPENSATION: City shall contribute $500.00 per month into a qualified 457 plan.

POST-EMPLOYMENT MEDICAL BENEFIT: Mr. Salas will receive post-employment medical, vision and dental benefits, subject to vesting conditions and restrictions.

For further information on the agreement between the City and Rene Salas, see Attachment B.

ATTACHMENT(S):

A. Second Amendment City Manager Agreement Resolution No. 26-034 B. SEM - SECOND AMENDMENT to Master Agreement City Manager

ATTACHMENT A
RESOLUTION NO. 26-034

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING A SECOND AMENDMENT TO THE CITY

MANAGER EMPLOYMENT AGREEMENT BETWEEN THE

CITY AND RENE SALAS
WHEREAS, pursuant to South El Monte Municipal Code Section 2.08.020(A), “[t]he city manager shall be appointed by the Council solely on the basis of executive and administrative qualifications and ability and shall hold office at and during the pleasure of the council[;]” and WHEREAS, the City of South El Monte (“City”) requires the services of a City Manager; and
WHEREAS, Rene Salas (“Employee”) served as the City’s Interim City Manager from July 12, 2022 to January 24, 2023; and
WHEREAS, at its January 24, 2023 regular meeting, the City Council appointed Employee as the City Manager, subject to all of the terms and conditions for such employment being set forth by the City Manager Employment Agreement (the “Agreement”) on a public agenda; and WHEREAS, Employee has served as City Manager from January 25, 2023 to present; and WHEREAS, Employee has the required level of education, experience, skills and expertise to serve as the City Manager of the City; and
WHEREAS, based on Employee’s executive and administrative qualifications, the City Council desires that Employee continue to provide City Manager services; and WHEREAS, Employee desires to perform and continue his responsibilities for the provisions of City Manager services to the City; and
WHEREAS, the City and Employee wish to amend the terms and conditions the Agreement; and
WHEREAS, pursuant to Government Code §36506, the City Council hereby fixes the compensation of the City Manager in the amount set forth in Section 2 of the Second Amendment to the Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference as though set forth in full.

SECTION 2. The City Council hereby approves the Second Amendment to the City Manager Employment Agreement (“Second Amendment”) between the City and Rene Salas that is attached hereto as Exhibit A and is incorporated herein by this reference. The Term of the Second Amendment shall be effective as of May 5, 2026, and shall terminate on May 5, 2033. The City