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HomeMy Public PortalAboutAgreement_1998-09-15_City of El Monte (Home Depot)CITY OF EL MONTE ECONOMIC DEVELOPMENT DEPARTMENT February 1, 2017 Michael Forbes Community Development Director City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Subject: 9700 Lower Azusa Road , El Monte , CA, 91731 Dear Mr. Forbes , Minh Thai Econo mic Development Direc tor On December 13, 2016 , the El Monte Planning Commission approved Condition al Use Permit (C UP ) No . 21-16 , Design Review (DR) No . 07-16 and Modification (MO D) Nos . 22-16 & 27-16 to allow the subdivision of an existing retail center (Home Depot) for the construction of an 890 square foot drive thru restaurant (Starbucks ) at 9700 Lower Azusa Road , El Monte, Californ ia . The existing Home Dep ot Center was approved by the Plann ing Commission on July 30, 1998. The property where the Starbucks is to be located lies entirely within El Monte 's boundaries and abuts Lower Azusa Road , with the street right-of-way within the City of Temple City . Agreement No. 1 (the "Agreement") was signed by the citie s of El Monte and Temple City and the property owner, to established terms and conditions for the Home Depot use and property to address concerns raised during the public hearing process . Per Section 3(a) of the Agreement, El Monte is obligated to "[p]a y to Temple City annually a sum equal to five percent (5%) of sales tax re venues ac tually received by El Monte derived from sales occurring on the Property." On January 13 , 2017 , you requested written confirmation that t he proposed Starbucks use and parcel will be subject to the Agreement. Accordingly, this writing confirms that the new Starbucks parce l was part of th e original Home Depot Property , and therefore is subject to Section 3(a) of the Agreement. In addition , a Planning Commission condition of approval for Starbucks states that the new parcel and use shall continue to be subject to all provisions of the Agreement. Per Planning Commiss ion Resolution No . 3464 , Condition #12 states , "[t]he applicant and City of El Monte shall comply with all provisions and requirements outlined in Agreement #1 (effective September 15, 1998), between the City of El Monte, Temple City and original property owner (Home Depot Inc.)." 11333 VALLEY BOULEVARD, EL MONTE, CALIFORNIA 91731-3293/ (626) 258-8626 / FAX (626) 580 -2293 WEBSITE: www.ci.el-monte.ca .us February 1, 2017 Mr. Forbes Page 2 If you have any question , please contact Tony Bu at 626-580-2152 or via email at tbu@elmonteca .gov . Sincerely , Minh Tha i Economic Development Director cc : Jesus Gomez, City Manager Jason Mikaelian , AICP , City Planner Tony Bu , Assistant Planner Ernestine Jones , Finance Director Joaquin Vazquez, Deputy City Attorney Enclosures : A. December 13, 2016 Planning Commission Approval (Reso lution 3464) B. 1998 Agreement No . 1 11333 VALLEY BOULEVARD, EL MONTE, CALIFORNIA 91731 -3293/ (626 ) 258-8626 / FAX (626) 580 -22 93 W EBSITE : www.ci.el-monte.ca.us ATTACHMENT A RESOLUTION NO. 3464 A RESOLUTION OF THE PLANNING COMM ISS ION OF THE CITY OF EL MONTE , COUNTY OF LOS ANGELES , STATE OF CALIFORNIA, APPROVING T EN T ATIVE PARCEL MAP NO. 74343 , CONDITIONAL USE PERM IT NO. 21 -16, DESIGN REVIEW NO. 07-16 AND MODIFICATION NOS. 22-16 & 27 -16 TO ALLOW THE SUBDIVISION OF AN EXISTING RETAIL CENTER FOR THE CONSTRUCTION OF AN 890 SQUARE FOOT DRIVE- THRU RESTAURANT (STARBUCKS) AND ADOPT ING A CATEGORICAL EXEMPTION FOR THE PROPERTY LOCATED AT 9700 LOWER AZUSA AVENUE , EL MONTE , CALIFORNIA. The Pla n n in g Comm issio n o f t he C ity of El Mont e , County of Los Angeles, State of California, does hereby f in d , de te rmine and re s olve as follows : SECTION 1 -PROJECT DESCRIPTION. On August 24 , 20 16, Bristo l Development Partners , LLC , 434 0 V on Karman Avenue #200 , Newport Beach , CA 92660 , fi led an a ppl icatio n f o r Ten tative P arce l Map No. 7434 3, Conditional Use P erm it No . 21-16 , Desig n R eview No. 07-16 , a nd Modification Nos. 22-16 & 27-16 to allow the s ubdivision of an ex isting retai l ce nte r f o r the constru ction of an 890 square foot drive- thru Starbu cks at th e p ro pe rty ad d res sed 9700 Lower Azusa Ro ad , a nd zoned C-3 (G e n e ra l Com me rci a l). SECTION 2 -PUBLIC HEARING . The request is m ad e pursuant to Se ctions 16 .12 , 17.20 , 17.22 , a nd 1 7.24 .040(25) of t he El Monte Mun icipal Code (EM MC). Th e p roperty is loca ted at 9700 Lower Azusa Road , El Monte , Ca lifornia , and descri bed as fo llows , to-wit: A PN : 8577-001-04 5 Pursuan t to w hic h after d u e n oti ce as re qu ired by law, a fu ll and fair pu b lic hea ri ng was he ld t o conside r Te nta tive Parcel M ap N o. 74343 , Conditional Use Permit No. 21-16 , Desig n Review No. 0 7-16 , and Mod if icat ion Nos. 22-16 & 27-16 before this Commission RESOLUTION NO. 34641 1 on December 13 , 2016 , at which time all interested persons were given full opportunity to be heard and present evidence . SECTION 3 -ZONING . The site is located South of Lower Azusa Road and east of Ellis Lane . The property is currently improved with a retail center (Home Depot). The surrounding zoning and land use of the adjacent properties are as follows: North : South : East: West: City of Temple City (Single-family res idences) M-2 (Industrial warehouses) M-1 & M-2 (Commercial offices & industrial warehouses) City of Temple City (Commercial retail & multi -family residences) SECTION 4 -ENVIRONMENTAL. In accordance with the criteria and authority contained in the California Environmental Quality Act (CEQA) of 1970 and the CEQA Guidelines as amended , staff has conducted the appropriate environmental analysis and based on that assessment, the City has determined the project to be Categorically Exempt (Class 3 -New Construction or Conversion of Small Structures) in accordance with the requirements of the State CEQA Guidelines . No further environmental assessment is necessary. SECTION 5-GENERAL PLAN. The General Plan land use designation for the site is Regional Commercial. The Floor Area Ratio (FAR) of the proposed parcel for the drive-thru structure is approximately 0.05 , which is below the permitted FAR or 1.0 for this land use designation . The Regional Commercial designation is intended to provide for large-scale commercial uses that seNe an area larger than the City . Businesses that have a regional draw are the primary intended business use , although department stores , theatres , restaurants , and limited office uses are also allowed . Therefore , the proposed development is consistent with the goals and policies of the 2011 El Monte General Plan . RESOLUTION NO. 34641 2 SECTION 6 -TENTATIVE PARCEL MAP FINDINGS . All necessary findings for the granting of Tentative Parcel Map No . 74343 pursuant to Section 16 .12 .0 .90 of the El Monte Municipal Code can be made in a pos it ive manner and are as follows : A. The proposed map is consistent with applicable general and specific plans . Finding of Fa c t: The proposed project is located within an area designated "Reg ional Commercial " that is intended to provide for large-scale commercial uses that serve an a rea larger than the City. Businesses that have a regional draw are the primary intended business use , although department stores , theatres , restau rants , and limited office uses are also allowed . The site is currently improved as a landscaped area with in an existing Home Depot retail center. The proposed drive-thru Starbucks will redevelop the underutilized area with a use that has a regional draw and is consistent w ith current zoning and the General Plan 's land use designation . The design of the s ite encourages pedestrian interest by providing enhanced walkways and a variety of landscaping. The proje ct is expected to boost the economic growth of one of the City's secondary arterial streets (Lower Azusa Road ) and facilitate the fruition of the General Plan 's land use goals . B. The design or improvement of the proposed subd ivision is cons istent w ith app li cab le general and specific plans . Findi ng of Fact: The site is currently improved as a landscaped area w ith i n an existing Home Depot retail center. The proposed drive-thru Starbucks will redevelop the underutil ized area with a use that has a regional draw and is consistent with cu rrent zoning and the General Plan 's land use designation . The design of the site encourages pedestrian interest by providing enhanced walkways and a variety of landscap ing . The proj ect is expected to boost the economic growth of one of the City's secondary arterial streets (Lower Azusa Road) and facilitate the fruition of the Ge neral Plan 's land use goals . C. The site is physically suitable for the type of development. Finding o f Fact: The property is currently improved with a Home Depot retai l center within a 478 ,942 SF site . The applicant is proposing to subd ivide an e x isting underutil ized area (currently landscaped ) within the site to create a new 17 ,898 SF parce l for Starbucks . The development plans proposes to construct an 890 square foot dri ve- thru structure and lane . Site improvements include new park ing , landscaping , and a RESOLUTION NO. 34641 3 trash enclosure. The site is physically suitable for the proposed type of development. D. The site is physically suitable for the proposed density of development. Finding of Fact: The proposed project is located within an area designated "Regional Commercial" that is intended to provide for large-scale commercial uses that serve an area larger than the City . The maximum allowable floor area for the proposed development is 17 ,898 SF . The applicant is only proposing to construct 890 SF for the Starbuck building . Site improvements include new parking , landscaping , and a trash enclosure . The site is physically suitable for the proposed dens ity of development. E. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Finding of Fact: The City of El Monte is an urbanized built-out community , and there are no fish or wildlife habitats within the vicinity of the subject property . This project is consistent with the General Plan land use designation of Regional Commercial. F. The design of the subdivis ion or the type of improvements is not likely to cause serious public health problems . Finding of Fact: The City of El Monte is an urbanized built-out community, and the commercial development is not likely to cause serious public health problems. Conditions of approval have been incorporated into the project or will be implemented to ensure that the proposed project will not negatively impact the surrounding properties or land uses in the area . Additionally , before the issuance of City development permits and/or a Certificate of Occupancy , the project is required to comply with all conditions set forth in the resolution of approval , from the Building and Safety Division , Engineering/Public Works Division , and Fire Department requirements. The referenced agencies , through the permit and inspection process , will ensure that the proposed project will not be detrimental to the public health , safety or we lfare nor will it be materially injurious to the properties o r improvements in the vicinity. G. The design of the subdivision or the type of improvements will not conflict with easements , acquired by the public at large , for access through or use of, property within the proposed subdivis ion. In this connection , the governing body may approve a map if it finds that alternate easements for access or for use will be provided , and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record and to easements established by judgment of a court of competent jurisdiction. No authority is granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. RESOLUTION NO. 34641 4 Finding of Fact: The proposed Tentative Parcel Map has been evaluated by the City 's Public Works/Engineering Department and it has been determined that the proposed subdivision complies with the intent and requirements of Chapter 16 of the EMMC (Subdivisions). There are no existing or proposed easements on the site . SECTION 7 -CONDITIONAL USE PERMIT FINDINGS . All necessary findings for the granting of Conditional Use Permit No. 21-16 , for a drive-thru business , pursuant to Section 17 .24.050 of the El Monte Municipal Code (EMMC) can be made i n a positive manner and are as follows: A. The granting of such conditional use permit will not be detrimental to the public health or welfare or be injurious to the property or to improvements in such zone . F inding of Fact: The approval of the Conditional Use Permit will allow the construction of a new drive-thru Starbucks . Conditions of approval have been imposed to ensure that the proposed use will not negatively impact the surrounding properties or land uses in the area. The proposed use is consistent with the subject property's underlying zoning classification and the General Plan Land Use des ignation and is compatible with the surrounding commercial uses . Therefore , the granting of the Conditional Use Permit subject to co nditions related to the operation maintenance , and ongoing monitoring of the facility will not be detrimental to the public health and welfare or be injurious to the property or to the improvements in such zone or vici nity . B. The use applied for at the location is properly one for wh ic h a co nditional use perm it is authorized . Finding of Fact: The site is zoned C-3 (General Commercial) and will be developed as a restaurant (Starbucks) with drive -thru seNices and pedestrian outdoor din i ng only. Pursuant to Section 17 .24 .040(25) of the EMMC , the proposed drive-thru may be permitted contingent upon approval of a Conditional Use Permit. C. The site for the proposed use is adequate in size and shape to accommodate said uses ; and that all yards , spaces , walls , fences , parking , load ing , landscaping and other features required to adjust said use with the land and surrounding uses are provided . Finding of Fact: The s ite can adequately accommodate the proposed drive -thru bus i ness . T he project will comply with most provisions of the Zoning Code , including floor area , customer parking , landscaping and trash enclosure requirements . The only exception is for the bu i lding 's rear setback and off-s treet loading for whi c h Modification requests have been submitted . The drive -thru lane will accommodate 13 vehicles in the queue without impeding internal circulation or access t o park i ng RESOLUTION NO. 34641 5 spaces . The project also includes a pedestrian walkway from Lower Azusa Road . D. The site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed uses . Finding of Fact: The site is served by Lower Azusa Road (Secondary Arterial Street) and Ellis Lane (Local Street), both of which fulfill the standard design requirements for the ir classification. Additionally , both streets are capable of accommodating the amount and intensity of traffic that the project site would generate . E. The granting or such conditional use permit will not adversely affect the purpose , goals , and policies of the 2011 El Monte General Plan . Finding of Fact: The General Plan land use designation of the subject property is Regional Commercial. The Regional Commercial designation is intended to provide for large- scale commercial uses that serve an area larger than the City. Businesses that have a regional draw are the primary intended business use , although department stores , theatres , restaurants , and limited office uses are also allowed . The proposed construction of a drive-thru Starbucks would therefore be consistent with the General Plan , provided that a Conditional Use Permit is approved by the Planning Commission . SECTION 8 -DESIGN REVIEW FINDINGS . All necessary findings for the granting of Design Rev iew No. 07-16, for a new commercial building , pursuant to Section 17 .22 .060 of the El Monte Municipal Code can be made in a positive manner and are as follows : A . The granting of the design review request will not be detrimental to the public health or welfare or be injurious to the property or to improvements in such zone or vicinity. Finding of Fact: The proposed project is consistent with the General Plan Land Use designation of Regional Commercial and the implementing C-3 zoning . Additionally, before the issuance of City development permits and /or a Certificate of Occupancy , the project is required to comply with all conditions set forth in the resolution of approval and the Building and Safety Division , Engineering/Public Works Division , and Fire Department requirements . Therefore , granting of the Design Review approval will not be detrimental to the public health or be injurious to the property or to improvements in such zone and vicinity . B. The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of RESOLUTION NO. 34641 6 materials , textures , and colors that remain appealing and wil l retain a reasonably adequate level of maintenance . Finding of Fact: The building , site design , materials , and colors proposed for the proje ct are consistent with industry standards and will remain appea li ng with reasonable ma i ntenance . Fac;ade treatments include the use of recla imed wood , stu cco , me ta l screen panels , metal awnings , wood trell ises , etc . The proposed color palette incorporates a blend of earth toned colors . Each exterior elevation inco rporates a variety of high quality materials with compl imenting co lors that visually st imulates human interest. The project was also rev iewed by the City's architectural consu ltant and was found to be in compliance with the City's Comprehens ive Des ign Guidelines . C . The design and layout of the proposed project would not unreasonably interfere with the use and enjoyment of neighboring existing or future development , and w ill not result i n vehicular and /or pedestrian hazards . Finding o f Fa ct: Vehicular access to the site is provided via two (2) driveways along Lowe r Azusa Road (one adjacent to the proposed Starbucks deve lopment portion of the site) and one (1) driveway along Ellis Lane . The front of the proposed Starbucks lot w ill face Lower Azusa Road and the rear will face the Home Depot parking lot. The proposed drive-thru structure w i ll occupy the north-west half of the proposed lo t. Drive-t hru ingress and egress will be provided from the rear property li ne w ith a drive -thru lane that wraps counter-clockwise along the perimeter of the new Sta rbucks s ite . The drive-thru lane will accommodate 13 vehicles in the queue without i mpeding i nternal circulation or access to parking spaces . A parking lot located between the structu re and drive-thru lane is provided within the project site cons isting of a total of nine (9) customer parking spaces including two (2) disabled spaces . A ll vehicle q ueu i ng and activity will be contained within the new Starbucks site and ex isting Home Depot site . Staff believes that the proposed location for the drive-thru lane provides the most efficient site configuration and vehicle circulation for the project. Driveways w ill be placed as far as possible from the street intersection and ample queuing has been provided to reduce the likelihood of vehicle spill-over into the street. D . The architectural design of the proposed project is compatible with the character of the surrounding neighborhood and the provisions of th is chapter and the general plan contemplate harmonious , orderly and attractive development. Findi ng of Fact: The design for the proposed drive-thru structure utilizes co ntemporary arch itecture . Fac;ade treatments include the use of reclaimed wood , stucco , metal screen panels , metal awnings , wood trell ises , etc . The proposed color pa lette incorporates a blend of earth toned colors . Each exterior elevation incorporates a var iety of high qual ity materials with complimenting colors that visually stimulates human interest. The proposed development is consistent with the Community Design Element pri nc iples of the El Monte General Plan of 2011 and w ill facilitate the C ity's Genera l Plan goal RESOLUTION NO. 34641 7 of focusing attention on revitalizing commercia l corridors . The project is also consistent with the City's Comprehensive Design Guidelines. E . The landscape considerations includ ing the location , type , s ize and coverage of plant materials, provisions for irrigation , maintenance and protection of landscaped areas, have been provided to insure visual relief, to complement bui ldings and structures and to provide an attractive environment. Finding of Fact: The proposed landscape concept plan provides landscape planters that define street edges , walkways , and the drive-thru lane . The amount of landscaped area greatly exceeds the minimum requirements of the City's Zoning Code . Landscaping is provided along the north and east property lines to buffer the drive -thru lane from public v iew. The landscape plan includes Jacarandas , Date Palms , Chinese Fr inges , Western Rosebuds , Cork Oaks , Rio Bravo Texas Rangers , Sweet Bays , Dwarf Bottlebrush , Pine Muhly Grass , Mexican bush Lobelia , etc. The project has been conditioned to comply with all provisions of the State's Model Water Efficiency Ordinance (MWELO). SECTION 9-MODIFICATION FINDINGS. All necessary f indings for the granting of Modification Nos. 22 -16 & 27-16 , to the rear yard setback and off-street loading requirements , pursuant to Section 17.20.110 of the El Monte Municipal Code can be made in a positive manner and are as follows : A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved , or to the intended use of the property, that do not apply generally to the property or class of use in the same zone o r vicinity . Finding of Fact: The Mod ificat ions being requested are pursuant to Chapter 17.20 to reduce the rear setback and off-street loading requirements for the C-3 zone . Rear Setback: The C-3 zone requires the building be set back a minimum of 20 feet from the rear property line. However, the proposed drive -thru structure is setback 9'-4 " from the rear property line. The Starbucks development and Home Depot will function as one shopping center with an access easement to the new Starbucks site . The proposed parcel requested is for ownership purposes only. The proposed parcel has an irregular triangle-shape and configuration and oriented with the front facing Lower Azusa Road , west side adjacent to existing landscaping , east side adjacent the Home Depot driveway off of Lower Azusa Road , and rear facing the Home Depot parking lot/reta il cente r building . The Home Depot retail center building is set back approximately 320 feet from the Starbucks development's rear property line with a large parking lot; therefore , there is sufficient distance between the structure/uses that w i ll be buffered with parking activity. RESOLUTION NO. 34641 8 Off-Street Loading All new commercial developments require a minimum of one (1) large loading space of 40 feet by 15 feet. The applicant has requested a Modification to reduce the requirement to 20 feet by 1 0 feet. The proposed use has highly unique characteristics in that it is primarily a drive-thru business . The building will have an area of only 890 square feet and will not inc lude any indoor sales or seating with a small outdoor patio seating area . The operational needs for other drive-thru Starbucks locations in Southern California typically include one (1 ) small truck delivery of fresh food daily . Deliveries consistently occur in the early morning hours . Other locations generally either have no designated loading space or only provide one (1) small loading space . Therefore , staff believes that the proposed loading space of 20 feet by 1 0 feet is of sufficient size . B. The granting of the Modification will not be materially detrimenta l to the publ ic health or welfare or be injurious to the property or to improvements in such zone or v ic inity in which the property is located . Finding of Fact: The Modifications being requested are pursuant to Chapter 17.20 to reduce the rear setback and off-street loading requirements for the C-3 zone . The project would comply with all other Zoning Code requirements , as conditioned . The proposed project is consistent with the General Plan Land Use des ignation of Regional Commercial and the implementing C-3 zoning . Additionally , before the issuance of City development permits and /or a Certificate of Occupancy, the project is required to comply with all conditions set forth in the resolution of approval and the Building and Safety Division , Engineering/Public Works Division , and F ire Department requirements . Therefore , granting of the Modification approva l will not be detrimental to the public health or be injurious to the property or to improvements in such zone and vicinity . C. Because of special circumstances applicable to the subject property , including size , shape , topography, location , or surroundings , the strict appl ication of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classifications . Finding of Fact: The Modifications being requested are pursuant to Chapter 17.20 to reduce the rear setback and off-street loading requirements for the C-3 zone . Rear Setback : The C-3 zone requires the building be set ba c k a minimum of 20 feet from the rear property line . However, the proposed drive-thru structure is setback 9 '-4 " from the rear property line . The Starbucks development and Home Depot will function as one shopping center with an access easement to the new Starbucks site . The proposed parcel requested RESO LUTION NO. 34641 9 is for ownership purposes only. The proposed parcel has an irregular triangle-shape and configuration and oriented with the front facing Lower Azusa Road , west side adjacent to existing landscaping , east side adjacent the Home Depot driveway off of Lower Azusa Road , and rear facing the Home Depot parking lot/retail center building . The Home Depot retail center building is set back approximately 320 feet from the Starbucks development's rear property line with a large parking lot; therefore , there is sufficient distance between the structure/uses that will be buffered with parking activity . Off-Street Loading All new commercial developments require a minimum of one (1) large loading space of 40 feet by 15 feet. The applicant has requested a Modification to reduce the requirement to 20 feet by 10 feet. The proposed use has highly unique characteristics in that it is primari ly a drive-thru business . The building will have an area of only 890 square feet and will not include any indoor sales or seating with a small outdoor patio seating area . The operational needs for other drive-thru Starbucks locations in Southern California typically include one (1) small truck delivery of fresh food da ily . Deliveries consistently occur in the early morning hours . Other locations generally either have no designated loading space or only provide one (1 ) small loading space . Therefore , staff believes that the proposed loading space of 20 feet by 10 feet is of sufficient size . D. The granting of such modification will not adversely affect the comprehensive General Plan . Finding of Fact: The 2011 El Monte General Plan Land Use Element designates the subject property as "Regional Commercial" that is intended to provide for large-scale commercial uses that serve an area larger than the City . Businesses that have a regional draw are the primary intended business use , although department stores , theatres , restaurants , and limited office uses are also allowed . The proposed project is consistent with following General Plan Land Use policies : ./ Policy CD -4 .1: Building Materials . Use clean , high-quality , distinctive , natural building materials for nonresidential uses . ./ Policy CD - 4 .2 : Building Scale . Reduce the bulk and perceived size of larger buildings by dividing their mass into smaller parts , stepping down to adjacent structures , and using pedestrian-scale features . ./ Policy CD -4.4 : Architectural Detail. Ensure all sides of a building contain a high level of architectural detail and fac;:ade articulation , strong patterns of shade and shadow , and integrated architectural detail. ./ Policy CD -8 .3: Pedestrian Features . Encourage pedestrian-scale features in commercial centers , such as shaded sitting areas , fountains , arcades , canopies , and awnings , customized signage , and strategically located secondary entrances . ./ Policy CD - 8 .5 : Access . Encourage internal adjoining and shared access points between adjacent commercial properties in order to minimize the number RESOLUTION NO. 34641 10 of curb cuts along major thoroughfares and numerous unnecessary entry po ints along streets . ./ Policy CD -8 . 7 : Landscaping. Requ ire landscap ing to define build ing entrances , key activity hubs , foca l points , and the street edge ; provide screen i ng for unattractive /unsightly service areas ; and serve as buffers between neighboring uses . ./ Policy CD - 8 .8 : Sign age . Within commercial centers , encourage high-qua li ty signage (e.g., wall signs , raised letter signs , projecting doub le-faced signs , customized logos) and distinct styles that complement building archite cture ; signage shou ld not be uncoordinated or present a cluttered image . ./ Policy LU -4.4 : Econ omic Development. Support the development of office , commercial , and industrial uses , both c itywide and in strategic areas that strengthen the economy . RESOLUTION NO. 34641 11 SECTION 10 -APPROVALS AND CONDITION. The Planning Commission determines that the project is Categorically Exempt (Class 3 -New Construction or Conversion of Small Struct ures) i n accordance with the Cal ifornia Environmental Quality Act (CEQA) of 1970 and the CEQA Guidelines , as amended , and does hereby approve Parcel Map No . 7 4343 , Conditional Use Permit No . 21-16 , Design Review No. 07-16 and Modification Nos . 22-16 & 27-16 , subject to the following conditions: General 1. The approval is for Tentative Parcel Map No . 74343 for the subdivision of an existing retail center, Conditional Use Permit No . 21-16 for a drive-thru restaurant (Starbucks), Design Review No . 07-16 for arch itecture , and Modification Nos. 22-16 & 27-16 to reduce the rear setback and off-street loading requirements to allow the construction of a drive -thru Starbucks with in the C-3 (General Commercial ) Zone . 2 . The Tentative Parcel Map approval as contained herein shall be effective for a period of twenty-four (24) months from the date of effective approval thereof; provided however, that prior to such date, building permits shall have been obtained or a time extension shall have been approved by the Planning Comm ission in accordance with Section 16.10 .140 of the EMMC and the State Subdiv ision Map Act. 3. Approvals for the Conditional Use Permit, Design Review and Modifications shall be effective for the valid life of the Tentative Parcel Map or one (1) year, wh ichever is greater. 4 . The project shall substantially conform to site plan, floor plans, and elevation plans on file with the City Planning Division and as presented to the Planning Comm ission on December 13 , 2016 and as amended herein . 5. The strict adherence to the conditions contained here in shall be demonstrated at all times . A failure to comply may be cause for a review by the Planning Commission at a noticed public hearing for potential revision or revocation of the use permit approved herein pursuant to EMMC Section 17.24 .100 (Revocation). (added by Planning Commission on 12/13/16) 6 . A copy of the approving resolution shall be printed or attached to the development plans that are to be submitted during the plan check process . 7. All City and LA County Fire Department standards and conditions shall be implemented prior to final inspection and prior to occupancy of the building . RESOLUTION NO. 34641 1 2 ~---------~----------~ ------ 8. That all applicable conditions shall be met or deemed to have been addressed by Planning Division prior to issuance of a certificate of occupancy for t he build ing improvements. 9 . The applicant and property owner shall sign and submit an affidavit accepting all conditions of approval contained in the Planning Comm ission Resolution prior to issuance of Building Permits for the proposed project. 10 . By acceptance of the approval of the project by the City , the appl icant shall defend , indemnify , and hold harmless the City and its agents , officers , and employees from any claim , action , or proceeding against the City o r its agents , officers , and employees to challenge , set aside , void or annul the approva l of the project from an action which may be brought within the time period prov ided for such actions or challenges under applicable law . The City shall promptly notify the applicant of any claim , action , or proceeding and the City shall cooperate in any such defense. 11. The applicant shall provide covenants , conditions and restrictions (CC&Rs) wh ich tie the des ign and development standards of the larger development plan and /or subdivision and expressly address common or reciprocal access , parking , landscaping , maintenance , design , signage and other operational standards . 12. The applicant and City of El Monte shall comply with all provisions and requirements outlined in Agreement #1 (effective September 15 , 1998), between the C ity of El Monte , Temple City and original property owner (Home Depot Inc .). (added by the Planning Commission on 12/13/16) Operation Standards 13. The hours of operation for walk-up service shall be restricted to 5 :00 a .m . to 11 :00 p .m ., Monday through Sunday. The applicant shall install a sign that states "no loitering between 12 :00 a.m . to 4 :30 a .m . 14 . The applicant shall utilize automated noise control measures/equipment f or the drive-thru lane . Such equipment shall automatically control speaker decibel levels to compensate for ambient noise and only allow the speaker volume to be a maximum of 15 decibels above any ambient levels . Further noise reduction measures shall be implemented as directed by the City Planner, if the City of El Monte rece ives noise complaints from nearby residents . (added by the Planning Commission on 12/13/16) 15. For 24 -hour operation of the drive-thru , a security plan shall be submitted by the applicant and approved by the Planning Divis ion and Police Department prior to occupancy of the drive-thru Starbucks . The plans shall incorporate a High Defi nition Recording camera surveillance system for the drive-thru , pick-up window , and project site . The Police Department shall have the authority to make changes to the plan as needed to enhance public safety . The camera surve i llance system must be set up for a 45 day rotat ion period . All recordings must be kept onsite for at least 45 RESOLUTION NO. 34641 13 --------------- calendar days and must be made available to a City Employee upon request. The system shall be maintained and operating at all times. (revised by the Planning Commission on 12/13/16) 16 . The applicant shall provide an operational plan to address the stacking of vehicles in the drive-thru lane. Such plan shall address and limit the stacking of vehicles into the Home Depot parking lot. This may include having additional staff in the drive- thru lane/parking lot take orders and guide the flow of veh icles . At no time shall the stacking of vehicles extend into the public right-of-way along Lower Azusa Road or Ellis Lane . (added by the Planning Commission on 12/13/16) 17 . The site and the public R.O .W . adjacent to any portions of the site , shall be kept free of weeds , trash , or other debris , and that abandoned vehicles be promptly reported , pursuant to the Municipal Code and Los Angeles County Fire and Health Codes at all times . 18 . Graffiti must be removed from any interior/exterior surfaces to the structures and improvements on the property within 24 hours following the application of the graffiti . Graffiti shall be removed by either painting over the evidence of such vandalism with a pa int that has been color-matched to the surface to which it is applied or graffiti may be removed with solvents or detergents, as appropriate . 19 . Window signage shall not exceed 10 percent of the window area . Only signs displaying the business name , operational status , and hours of operations may be approved . 20.AII bus iness activities and all storage shall take place within the confines of the building . There shall be no outdoor display, advertisement, merchandiz ing , debris , and storage of containers and inoperable vehicles at any time. No storage of materials or supplies or inventory shall be permitted outside of the structure . 21.AII operations of any preapproved mechan ical equipment shall be conducted w ith in an enclosed building and that all openings to the building shall be maintained in a closed position at all times of business operations . 22. Subject to review and applicability by the Economic Development Director, Public Works Director, and the City Attorney and to ensure ongoing compliance with the conditions of approval set forth under this resolution and to ensure that the property and all improvements located thereupon are properly maintained , the applicant (and the owner of the property upon wh ich the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement with the City of El Monte which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants , conditions and restrictions relating to the following : a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e .g ., proper screening and securing of the -------- RESOLUTION NO. 34641 14 construction site ; implementation of proper eros ion control , dust control and noise mitigation measure ; adherence to approved project phasing etc .). b. Compliance with ongoing operational conditions , requirements and restrictions , as applicable (including but not limited to hours of operation , security requirements , the proper storage and disposa l of trash and debris, and /or restrictions on certain uses , includ i ng uses determined by the Plan ning Commission (or the City Council upon appeal ) to be incompa ti ble or inconsistent with any authorized uses ; compliance w ith appl icable State and /or federal statutes and regulations , including but not li m ited to compliance with statutes and regulations regarding the appropriate operating guidelines for certain equipment (e .g ., emissions sta ndards , radio frequency emiss ions standards etc .); c . Ongoing compl iance with approved design and cons t ruction para meters , signage parameters and restrictions as well as landscape designs , as applicable ; d . Ongoing maintenance , repair and upkeep of the property and all improvements located thereupon (including but not l im ited to controls on the proliferation of trash and debris about the property; the proper and t imely removal of graffiti ; the timely maintenance, repa i r and upkeep of damaged , vandalized and/or weathered buildings , structures a nd/or improveme nts ; the t imely maintenance , repair and upkeep of exterio r pa i nt , parking striping , lighting and irrigation fixtures , walls and fenc ing , publicly acc ess i b le bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like , as applicable ); e . If the applicant and the owner of the property are different (e .g ., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance ag reement and both shall be jointly and severa ll y li ab le fo r compliance with its terms. f . The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease , sublease , license or sublicense , unless the prospective assignee agrees in writing to assume all of the duties and ob ligations and responsibilities set forth under the maintenance agreement. g . The maintenance agreement shall contain provis ions relating to the enforcement of its conditions by the City and sha ll also conta i n prov is ions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and /or remediation efforts which the C ity may undertake in order to cure any deficiency in maintenance , repair or up keep or to enforce any restrictions or conditions upon the use of the property. The maintenance ag reement shall further provide that any unreimbursed c osts and /or expenses incurred by the City to cure a defici ency in ma intenance or to enforce use restr ictions shall become a lien upon the property in an amount equivalent to the actual costs and /or expense incurred by the City . h . The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final app ro val for any const ru ction permit related to this entitlement. RESOLUTION NO. 3464115 Construction 23 . The project must comply and be designed to meet the all requirements of the 2013 California Building Code . A ll bu ilding safety , geotechn ical , mechanical , electrical , plu mbing , and accessibi li ty requirements will be rev iewed for compliance during plan rev iew. 24 . Prior to commencing demo lition and site preparation activities , the project s ite shall be secured with a fence to prevent unauthorized access to the site and the fence sha ll contain a screening material to screen construction activities from view . The temporary screening fence shall be installed to the satisfaction of the Econom ic Development Department and shall be maintained in good condition (free of tears , holes , crack lines , debris , etc .) at all t imes . At the primary entrance to the site , the screening material shall be reduced to a maximum height of four feet to provide visibil ity into the site at all ti mes and for public safety purposes . The project site shall also have a minimum of one sign of quality material depicting the proposed development , which shall include renderings , project opening date , and City Council information . The signs shall be designed and installed to the satisfaction of the Economic Development Department and mainta ined in good condition (free of tears , graffit i, holes , cracks , fading , debris , etc.) at all times. 25 . Prior to the commencement of construction on the site , t he developer shall schedule a pre-construction meeti ng between the general superintendent or field representative and the Planning Divis ion to discuss the approved plans and construction requirements . 26 . During the construction process all related activities , including but not limited to , load i ng , unloading , storage of equipment and materials , and park ing of employee vehicles are prohibited within the pub lic R.O .W. All such activities shall be conducted only on the project site and not in the public R.O .W . 27 .AII ons ite activities shall comply w ith the City of El Monte Noise Ordinance at all t imes. 28.AII trash and refuse (i.e . sol id waste) shall be disposed of in dumpsters or other like containers ; and all such waste shall be removed from the premises on a routine basis , as provided under EMMC Chapter 8 .20 , by a solid waste hauler duly franch ised to provide such service to the property. Applicant shall divert f ifty percent (50 %) of its solid waste through recycling services provided by a solid waste hauler duly franchised to provide such service to the property . Pending completion of all construction activities upon the property, surplus construct ion materials shall be stored so as to be screened from view when not actually in use . All construction and demolition debris shall be removed from the property in compliance with EMMC Chapter 8.20 . The remova l of all solid waste arising out of the construction and demolition process shall be undertaken by a duly franchised solid waste hauler authorized to provide solid waste services for construction and demolition projects within the City of El Monte . The removal of all other wastes from the property shall be undertaken by a duly franchised solid waste hauler authorized to provide solid waste services to residential and commercial properties with in the City of El Monte . --------- RESOLUTION NO. 3464116 a . Prior to the issuance of a Building Permit , the developer shall subm it to the Building Safety Division , the Environmental Serv ices Division and the City Code Enforcement Division, the name and contact i nformation for the contracted waste hauler. It shall be the developer's obl igation to ensure that the waste contractor utilized has obtained permits from the City of El Monte to provide such services . b . Prior to final approval for occupancy, and in add ition to any other requirements set forth under the El Monte Municipal Code or by the Chief Building Official , the developer shall submit to the Building and Safety Division , the receipt(s) showing evidence that the waste and debris generated during the construction process were properly disposed and /or diverted . c . Except as otherwise authorized pending the completion of the construct ion and demolition activities authorized under this resolution , solid waste containers and bulky items may not be stored or maintained at locations designated for parking and must be maintained in those locations des ignated for the temporary storage of solid waste and bulky items . 29 . The site and the publ ic R.O .W . adjacent to any portions of the site shall be maintained in a condition which is free of debris both during and after the construction , addition or implementation of the entitlements granted here in . A l l trash and refuse shall be disposed of in dumpsters and be removed from the prem ises on an as needed basis . Any surplus construction materials shall be stored so as to be screened from public view when not actually in use and be removed from the property upon completion of construction activities . The removal of all trash , debris , and refuse , whether during or subsequent to construction shall be done only by the property owner, the applicant or by a permitted waste contractor, who has been authorized by the City to provide collection , transportation , and disposal of solid waste from residential , commercial , and construction areas within the City . a . Prior to issuance of a Building Perm it, the developer shall submit to the City , the name and contact information for the contracted waste hauler. It shall be the developer's obligation to insure that the waste contractor utilized has obtained permits from the City of El Monte to provide such services . b . Prior to final approval for occupancy , the applicant shall submit to the Planning Division , the receipt(s) showing evidence that the waste and debris generated during the construction process were properly disposed . 30 . Fire protection facilities ; including access , must be provided prior to and during construction . Site Plan 31 . The applicant shall work with Planning Staff for the feasibility of incorporating bicycle racks to the Site Plan . (added by the Planning Commission on 12/13/16) RESO LUT I ON N O . 34641 17 Loading & Parking 32 . The applicant shall p rovide one (1 ) loading space of 20 feet by 10 feet. The load ing space shall be marked and may replace a proposed parking space (provided that a m inimum of eight (8) parking spaces are mainta ined at all t imes) 33 .AII trucks used for incoming and outgoing de liveries shall be limited to a maximum of 40 feet in length . 34 . Park ing areas throughout the site are reserved for employees and visitors only. 35.AII ons ite parking spaces shall be accessible and free of obstructions and can only be used for parking of operable vehicles at all times . Disabled parking shall comply with the requirements of t he Bu i lding Divis ion. Landscaping 36. The landscape planter along Lower Azusa Road shall be a minimum 12 feet wide at all points . A detailed landscape/irrigation plan shall be submitted to the Planning Division with the following changes for review and approval by City staff and shall address the following items (revised by the Planning Commission on 12/13/16): a . The applicant shall work with Planning Staff to enhance the landscape buffer along the drive-thru lane to screen vehicles from the public-right-of-way. b. Comply with Chapter 14.03 Tree Protection and Preservation of the EMMC . i. Submit a tree appraisal ii. The arborist shall re-measure the circumferences of the following trees: #28 , #34, & #35 on the topography survey. Trees with a circumference of 36" or greater will need a tree appraisal. c . Comply with Chapter 17 .10 Landscape Requ irements of the EMMC . d. Comply with the State mandated Model Water Efficiency Ordinance (MWELO), Chapter 17.11 -Water Efficiency of the El Monte Municipal Code (EMMC). The document package may be downloaded on the City website under Building and Safety or contact the Build i ng and Safety Divis ion at (626) 580-2050 . e . An automatic timed underground irrigation system shall be installed and maintained for each landscaped area . f . Incorporate the following changes in the f inal submitted landscape and irrigation plans : i. Replace all Ch ionanthus Retusus (Chinese Fringe tree) and Cercis Occidentalis (Western Redbud) with Lagerstroemia Hybrids Arbutos 'Marina '. ii. Replace Aloe Blue Elf with Senecio Mandraliscae . iii. Provide sample or specifications of proposed decorative gravel. 1v . All landscaping shall be separa ted from parking and vehicular circulation areas by raised , continuous six (6) inch Portland Cement Concrete curb. RESOLUTION NO. 3464118 Lighting 37. The applicant shall submit for review by the City Planner, the design and specifications for all proposed exterior site lighting fixtures . The fixtures shall be reviewed for quality, aesthetics , illumination values , and shall be decoratively and architecturally consistent with the building design . An on-site lighting system shall be provided in all park ing areas, vehicular access ways and along major wa lkways . The number, location , height, style and des ig n shall be rev iewed and approved by the Planning Division prior to installation . The exterior lighting systems shall be wired to one common circu it with an automatic timer/photo sensor system to go off at sunrise and go on at sunset. The minimum exterior lighting intensity shall be in compliance with local ordinances at the t ime of the approval of the development plans. Lighting fixtures shall be an energy saving type , be shielded to direct light away from all neighboring uses , be equipped with vandal resistant covers and be in working order at all times . 38.A photometric plan shall be submitted for review and approval by the Planning Div ision prior to Building Permit issuance . S uch plan shall demonstrate complia nce with all lighti ng provisions as outlined in the EMMC . Signs 39. The applicant shall work with Planning Staff, Home Depot , and other adjacent businesses within the retail center to establish a wayfinding sign program for the retail center. Such sign program shall be reviewed and approved by the Planning Division . (added by the Planning Commission on 12/13/16) 40. A master sign plan shall be submitted and approved for the property prior to the issuance of any sign permits. All signs sha ll be of high quality and consistent with the City 's Comprehensive Design Guidelines . Cabinet signs and painted wal l signs shall be prohibited . 41 .A ma xim um of one freestanding sign shall be permitted on the site . Such sign shall be located in a landscape planter, not block vehicular or pedestrian visibility and have maximum height of six (6) feet. Fire Department 42 . The requ ire d fire flow for public fire hydrants at this location is 1250 gallons per minute at 20 psi , over and above maximum daily domestic demand. 2 hydrants flowing simultaneously may be used to ach ieve the requ ired fire flow . 43 .AII required fire hydrants shall be installed , tested and accepted or bonded for prior to Final Map approva l. Vehicular access must be provided and maintained serviceable throughout construction. RESOLUTION NO. 34641 19 Public Works 44 . General : a) Development Impact Fees associated with this project shall include but are not limited to the following fees and deposits ; landscaped areas (impervious versus pervious) fee , applicable sewer fee , street fee , storm drain fee, traffic fee , quimby (Parkland Fees), deposits , technology enhancement fees . All applicable fees associated with demolition of existing structures , drainage, site development, and construction are based on actual square footage of any commercial development and number of residential units . b) Developer shall obtain approval from the Los Angeles Fire Department (LACFD) for development's fire protection, fire flow requirements , access road(s) for development, etc. and shall construct all Fire Department required improvements. LACFD approval will be requ ired : i. Prior to Tentative Map Approval (LACFD Land Development Division ) ii. Prior to Grading/Building Permits (LACFD Building Division) c) Onsite Groundwater Monitoring Wells , including legally removed , permanent, temporary and active wells , must be depicted on all site plans, grading plans, tentative tract/parcel maps and all other relevant plans . Include a legend that demonstrates ownership , date installed , and type of monitoring well and all other relevant information . d) Engineering Geology and/or Seismic Safety Report . A preliminary engineering geo logy and/or seismic safety report, prepared in accordance with City guidelines , is required if the subdivision lies within a "medium risk" or "high risk " geologic hazard area as shown by maps on file contained within the safety element of the El Monte general plan. e) Comply with the City's ordinance pertaining to construction debris recycling. A Construction & Demolition Debris Diversion Program form must be subm itted and approved prior to the issuance of a grading permit. f) All USA/Dig Alert graffiti markings must be removed by the contractor from the sidewalk , curb & gutter, and/or asphalt pavement prior to final approval. g) No encroachment into the City right-of-way from private property will be allowed . h) The City Engineer may require other information or may impose additional conditions and requirements as deemed necessary to protect health , safety , and to benefit the public . 45. Surveying/Parcel Map : i) The Parcel Map must be recorded in the Los Angeles County Recorder's Office prior to issuance of "Notice of Completion "/Certificate of Occupancy" and an electronic copy of the recorded Parcel Map is submitted to the Engineering RESOLUTION NO. 34641 20 Division for our records . A Registered Civil Engineer or Land Surveyor licensed by the State of California must prepare and submit the proper documents, legal descriptions and maps describing the parcel map . The final City of E l Monte approved parcel map must be submitted to the Los Angeles County Recorder's Office for recordation . j) Preserve existing survey monuments (property corners , centerline ties , etc) in the public right of way. A ll d isturbed and removed survey monuments in the public right of way shall be re-established and record of survey shall be filed with the County surveyor in accordance with applicable provisions of the state law . k) Applicant is respons ible to install , document, and submit centerline tie information for new streets , revis ions to existing streets , and replaceme nt of centerline ties removed during construction . I) An easement shall be established to provide for ingress and egress as required across private property. The easement documents shall clearly delineate maintenance responsib ilities for the respective property owners. The proposed easement does not currently account for irrevocable access from the entrance and exit point of the proposed parcel. The need to establish a reciprocal parking easement between the Home Depot parcel must be generated . m) The Title Company must submit to the Engineering Div is io n a Final Subdivision Guarantee prior to final Parcel Map approval by the City Eng in eer. 46 . Grading and Drainage : n) The Grading and Drainage Plan must include standard City of El Monte NPDES , Grading , and Drainage Notes which shall be prepared in accordance with the City of El Monte Grading Manual. o) Existing public right of way is in the City of Temple City . Coordination to obtain proper approval is required of the applicant/contractor/developer. p) Faithful performance , labor and material and warranty bonds shall be submitted to the City of El Monte in an amount determined by the City to complete minimum grading and drainage and offsite improvements deemed critical by the City . q) Enter into a public improvement agreement with the City and post a Faithfull Performance bond and a Labor and Materials Bond in the amount of 150% of the estimated cost to cover the construction of the proposed offsite agreements . A Warranty Bond shall be provided in the amount of 1 00% of the cost of the estimated improvements and shall be in effect for one year after the date of acceptance of the project improvements . Cash deposits will be accepted in lie u of the required bonding . r) Soils Report. A preliminary soils report prepared in accordance with the City's grading ordinance shall be submitted . If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which , if not RESOLUTION NO. 34641 21 ------------------------ corrected , would lead to structural defects the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. s) A Hydrology Study Report, based on a 50-year frequency design storm for Capitol Facilities and a 25-year frequency design storm for all other instances as dictated by the LA County DPW 2006 Hydrology Manual , must be submitted to the Engineering Divis ion . The study must provide hydraulic calculations based on the given area and the ability of the existing storm drain infrastructure to receive and support the allotted drainage runoff. Drainage calculations shall adhere to City of El Monte standards , NPDES , and environmental regulations and requirements . t) Applicant must show 1 00 year flood elevation in adjacent flood control channel and provide information proposed pad elevations are above this elevation or otherwise protected against a 1 00-year flood event. u) Historical drainage patterns from adjacent properties shall be identified and ma intained. The project shall accept and include in the drainage design any current drainage from adjacent properties . v) Filtration and infiltration methods must be used to defray a large percentage of the storm water runoff into the storm drain system . w) The Storm Water Pollution Prevention Plan (SWPPP) is a document that addresses water pollution control for a construction project. The Construction General Permit (CGP) requires that all stormwater discharges associated with construction activity, where said activity resu lts in soil disturbance of one acre or more of land area , must be permitted under the CGP and have a fully developed site SWPPP on-site prior to beginning any soil disturbing activities . The CGP requires the development of a project-specific SWPPP . The SWPPP must include the information needed to demonstrate compliance with all the requirements of the CGP . The SWPPP document must be written by a Qual ified SWPPP Developer (QSO). The City requires that a Water Pollution Control Manager (WPC Manager) be responsible for the implementation of a SWPPP . The WPC Manager must have the same qualifications as a QSD. For further details pertaining to the State of California 's requirement, please visit the following website : https ://smarts .waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp A Waste Discharge Identification Number (WOlD#) must be obtained prior to commencing any work . x) Low Impact Development (LID) is a requirement of the NPDES Permit No . CAS004001 , Order No . ORDER NO . R4-2012-0175 and City of El Monte Ordinance No. 2840 . This permit was issued by the State of California Regional Water Quality Control Board , Los Angeles Region on December 28 , 2012 and the City Ordinance was passed and adopted June 10 , 2014 The LID is a narrative report that explains the type of development and drainage of the site . It must address the post-construction water quality and habitat impact issues . Once the site has been developed , how will runoff be maintained? Was there a RESOLUTION NO. 34641 22 system that was designed to treat the runoff prior to discharging into the pub lic system? Best Management Practices (BMPs) should be implemented to address storm water pollution and peak flow discharge impacts . All BMPs must be sized to meet specified water quality design and /or peak flow d ischarge criteria . i. Fi ltra tion and infiltration methods must be used to defray a large percentage of the storm water runoff into the storm drain system 47 . Sewer y) Engineer to show the location of the sewer mainline , nearest manholes , lateral serving the project and configuration of the onsite sewer including diameter and material of the onsite sewer . Sewer Cap acity/Area Study per Los Angeles County Sanitation District standards will be required to ensure the ex isti ng sewer system has sufficient capacity for the proposed development. Sewer cleanouts must be positioned at 1 00-foot intervals on the lateral coming off the ma in sewer line . Applicant must obtain Will Serve Letter from County Sanitations District of Los Angeles County . z) County of Los Angeles Sanitation District approval is required . 48 . Water: aa)lt is the applicants ' responsibility to contact the Water Purveyor (California American Water Company) to obtain approval of serv ice and that the purveyor has adequate water to provide such service . Provide acceptable analys is to verify sufficient water pressure and flow for: i. General conditions ii . During MID (m aximum instantaneous demand) conditions iii. During fire flow and MID conditions bb)AII existing water services no longer required as part of th is development shall be abandoned at the mainline . cc) The water supply system serving the development shall be adequately sized to accommodate the total required domestic water and fire flows , in compliance with the City of El Monte Public Works Department and Los Angeles County Fire Department requirements . Engineer shall submit water system improvement plans and calculations for the development to the City for review and approva l. 49 . Overhead Utilities: dd )Develope r shall underground any existing overhead uti lities that are to serve the Project site . The final scope and design of the undergrounding of these overhead facilities is subject to SCE and other relevant utility provider approval. ee)Any utility poles conflicting with the proposed improvements shall be relocated at the applicant's expense . RESOLUTION NO. 34641 23 50. Parking Lot and Driveways : ff) All parking lots and driveways shall be s urfaced with asphaltic concrete to a minimum thickness of three (3) inches over a minimum aggregate base of six (6) inches or surfaced with Portland Cement concrete w ith a minimum thickness of five (5 ) i nches over a three (3) inch aggregate base. After review of the probable veh icular traffic and the soils report for the project, additional material may be required at the discret ion of the City Eng ineer. EMMC 17.08 .030. gg)AII drive approaches shall be ADA comp lian t. Insufficient width in the parkway w ill require applicant to dedicate an easement at each drive approach to the C ity to accommodate a compl iant drive approach . 51 . Street and Traffic: hh)AII Streets fronting project shall be improved to meet current General Plan requirements for Right of Way and Roadway . Use Geotechnical Eng ineer's Report and APWA standard plans and specifications for roadway improvements. Prepare offsite improvement plans as necessary and provide an engineer's estimate for all pub lic improvements . All offsite improvements shall be in complete compliance w ith the Americans with Disabi lities Act (ADA). ii) Traffic control plans must be signed by a licensed State of Californ ia Traffic E ngineer and submitted for review and approval. jj) Public improvements (sidewalk, curb & gutter, street, parkway trees , tree wells , etc.) will be generated on the basis of the approved site plan . P .C .C . pavement and asphalt-concrete (A.C.) thicknesses and strengths will be determined by the Registe red Civil Eng i neer (project engineer of record ) preparing the street plans and utility improvement plans. kk) Repair, remove , and replace deficient and /or damaged sidewalk and standard curb & gutter adjacent to the development at th e d irection of the C ity Eng ineer/City Inspector. Use APWA standard plans and specifications. II ) Remove all existing improvements no longer intended for use (drive approaches , under sidewalk drains , meter bo xes , etc.) and replace with new sidewalk and full height curb and gutter as required . Use APWA standard plans and s pe c ifications . mm) Roadway lighting on Lower Azusa Road shall be evaluated for adequacy in accordance with current Illuminating Eng ineering Society (IES) standards . A copy of the evaluation report shall be submitted to the Public Works Department for review and approval. The applicant shall upgrade any deficient street lighting to comp ly with IES standards. nn )On-site roadway lighting shall be designed in accordance with Illuminating Engineering Society (I ES) standards. Engineer shall submit street lighting RESOLUTION NO. 34641 24 system improvement plans and calculations for the deve lopment to t he City for review and approval. oo)Parkway trees shall be installed by the applicant per the C ity of El Mon te Tree Ordinance in the quantities and locations as directed by the City of El Monte Public Works Department. The placement of two r ight of way trees is req ui red . pp)The focused traffic study prepared by the project Reg istered Traffic Eng ineer was reviewed and approved . The study focused on ons ite and offsite c irculation , access locations , inbound /outbound turning movements , internal circulation , and parking operations and determined the need for proper motor veh icle and pedestrian safety enhancements . RESOLUTION NO. 34641 25 SECTION 10-PLANNING COMMISSION APPROVAL. The Secretary of the City Planning Commission of the City of El Monte , California , shall certify to the adoption of this resolution and shall cause a copy of the same to be forwarded to the applicant. ATTEST : Marcella Magdaleno, Secretary El Monte City Planning Commission STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) SS : CITY OF EL MONTE) Dallas Baker, Chairperson I, Marcela Magdaleno , Secretary of the Planning Commission of the City of El Monte , do hereby certify that the above and foregoing is a full , true , and correct copy of Resolution No. 3464 adopted by the Planning Commission of the City of El Monte , at a regular meeting by said Commission held on December 13, 2016 by the following votes to w it: AYES : NOES: ABSTAIN : ABSENT: Marcela Magdaleno, Secretary El Monte City Planning Commission RESOLUTION NO. 34641 26 . \ ATTACHMENT B / ORIGINAL AGREEMENT (AGREEME J'!T NO . __,/'------ This Agreement is made and entered into by and between the City of El Monte, a genera l law city ("El Monte"), the City of Temple City, a charter city ("Temple City"), and Horne Depot U.S .A., Inc., a Delaware corporation ("Home De p ot"; collectively "Parties"). WITNESSETH: The parties hereto do agree as follows: Section 1 . Recitals . This Agreement is made and e ntered into wi th respect to the following facts which the parties acknowledge to be true and correct: (a) Horne Depot des ires to develop a Horne Depot S to re and Garden Store in the City of El Monte ("Project") on certain real property described on Exhibi t "A" attached hereto and incorporated herein by this reference ("Property"); and (b) That the Property is the subject of an app lication by Home Depot for a Lot Division (Lot Division No . 57 4) and a Design Review (DR No. 1098; collectively, the "Entitlements"); and (c) That the Property is l ocated entirely within El Mo nte and abuts certain public streets located i n Temple City, and is in the vicinity of certain property in Temp l e Ci ty that is zoned and in use for res idential purposes; and (d) The Property is located within the Northwest El Monte Redevelopment Project Area. In December 1993, the El Monte community Redevelopment Agency certifi ed a Program Environmental Impact Report for the Northwest El Monte Redevelopment Pro ject Area ("EIR") and approved the implementation of the Redevelopment Plan; and (e) The City of El Monte Planning Division commissio ned the preparation of an Initial Study for the Project ("Initial Study"). The Initial Ref8: 59 5 3.10 September 2, 1998 ORIGINAL I I I I I ! ~ I II Study, along with a draft of a Mitigated Negative Declaration ("MND"), were circulated for public review beginning on June 25, 1998; and (f) On July 15, 1998, the public comment period ended. Written responses to comments received were prepared as of July 23 , 1998; and (g) On July 30, 1998, the Cit y Planning Commission of the City of El Monte held a duly noticed public hearing, at which time the City Planning Commission received testimony and evidence on the proposed Home Dep ot Project and whether the adoption of the Mitigated Negative Declaration wa s appropriate. Both during that hearing and in written comments on the Initial study and proposed Negative Declaration, Temple City expressed opposition to the Project; and (h) After rece i ving all public testimony, the said Planning Commission voted to adopt the Negative Declaration, and approve Design Review No. 10-98 and Lot Division No . 574 and adopt Resolution 2534 (the "Planning Commission Decis ion"); and (i) Templ e City fil ed a timely appeal appealing the Plannin g Commission 's decision to the City Council ("Temple City's Appeal"); and (j) The E l Monte City Council conducted a duly n oticed public hearing with reference to Temp le City's Appeal, and, thereafter , sustained the Planning Commission Decision ("City Council Determination); and (k ) Tha t the parties desire by this Agreement to provide ~or the withdrawal of Temple City's ob jections to the Project, including, but no t limited to, the withdrawal of the Temple City Appeal and to eliminate t he need for litigation concerning the approval of the Project or the adequacy of the MND by any of the Parties ; and (1) That the legis lative bodies of El Monte and Templ e City have each heretofore found that the public interest, convenience and necessity require the execution of this Agreement . Refl: 59 5 3 .1 0 Sep ~e m ?er 2 , 1 998 i I f t Section 2 . Horne Depot 's Obligations. Nothing contained in this Section , 2 , shall be construed as a "mitigation measure" within the meaning of CEQA; nor as any deficiency in the MND; nor as a violation of CEQA with respect to the Project. Home Depot shall be obligated, with respect to its said Project, to comply with the following terms and conditions set forth below in this Section, 2 : (a) Median. Home Depot shall, at its sole cost, cause the construction of a raised landscaped median with an irrigation system {"M edian") on Lowe r Azusa Road as is shown on Exhibit "B", incorporated herein by this reference and attached hereto ,· although in no event shall Home Depot be required to widen, or pay for the widening of , any portion of Lower Azusa Road. Temple City, at its sole cost, shall be responsible for the design and preparation of construction documents for the Median , in accordance with Exhibit "B". Temple City shall promptly cause the design of said Median to be prepared and submitted to Home Depot for its review and approval within not to exceed fifteen (15) consecutive days from and after the effective date of this Agreement. The design shal l be accomplished in accordance with the standards applied to such medians by the County of Los Angeles. Home Depot shall accept the design if the same is accomplished in accordance with the standards of the County of Los Angeles and is in substantial compliance with Exhibit B . The Median shall be constructed by a contractor selected by Home Depot if the cost of such work is less than the cost would be if the Median were constructed by Temple City. If Temple City desires to cause the construction of the Median , in accordance with the design and the provisions of Exhibit "B", it may do so ; and in s uch event Home Depot shall pay to Temple City, upon completion of the construction of the Median, an amount equal to the lowest responsible bid or proposal received by Home Depot for such work; and Refl: 5953 .10 September 2 , 1996 3 ! I I II I - j I {b) Traffic Signal. Home Depot reconfirms that as part of its existing Project design, it shall a t its sole cost , construct and install a traffic signal at the intersection of Lower Azusa Road and the easterly project driveway as shown on its certain Site map attached hereto and marked Exhib i t "C" {"Site Diagram"}; and {c) Ellis Lane. Home Depot shal l pay to Temple City a sum equal to the reasonable cost of preparing and posting signs on Ellis Lane precluding the use of that street by trucks having the capacity of over six tons; a nd (d ) Truck Barriers. Home Depot reconfirms that as part of its existing Project design, it shall cons truct and maintain truck bar riers {i.e., truck head stop s ) on the Property at the d riveway approach from El l is Lane; and (e ) Street L i ghting. Home Depot sha l l be responsib le for the reasonab l e cost of installation of any necessar y street l ights in and along a l l public street fron t ages o f the Pro perty, consistent with existing Southern California Edison Company 's standards and Temple City's ordinances re l ating thereto ; and (f ) Landscaping Pl'an. Home Depot shall prepare and submit to El Monte for review and approval, a landscaping plan for the Property. El Monte sha ll, contemporaneously with its review of the landscaping plan, subrni~ the same to Temp l e City for its r evi ew and comment . Temple City shal l respond in wri tin g to El Monte with any comments it has c o ncerning the landscaping plan wi thin seven (7 ) consecutive calendar days after the deliv ery to Temple City of such plan. El Monte shall not approve the landscaping plan until it has received comments f rom Temple City relat i ng to it, or, if n o comments are d e l ivered to El Monte by Temple City within t he said seven (7) c onsecutive calendar day period, E l Monte shall proceed t o approve the plan if it complies with applicable provisions of the El Mo nte Municipal Code and conditions of approval imposed on Lot Re f!:· 5953.10 Sept ember 2 , 1 9 98 I i I i I I Division No . 574 and DR No. 1098 and other administrative regulati ons ; and (g) Signage Plan . Home De pot shall prepare a signage plan f or signage for the Project . The Plan shall be submitted to El Mo nte for review and approval . El Monte shall t r ansmit to Temple City t he signage plan when re ceived f r om Home Depot for re view and comm ent by Temp le City . Temple City shall submit i ts written comme nts to El Monte with in seven (7 ) consecutive calendar days after delive r y to Tem ple City of the signage plan . El Mont e shall not app rove any part of the s i gnage plan without taking i n t o account any and all comments ma d e by Temple City, or if no comments are delivered by Temple City to El Monte wi t h in said seven (7) day period, El Monte s hall approve the Signage Plan if it comp lies with the El Monte Munic i p al Co d e and the c onditions of approva l imposed upon Lot Division No. 574 and DR No .. 1098. Notwiths tanding the forego ing, flas hing and/or bl i nking signs o f any kind shall not be installed; and (h) Noise. After the Project is constructed and in operation, Home Depo t shall n o t i ncrease the hours permi tted f or deliveries by trucks to the Pro ject , unless and until a new noise study is prepar ed for review by Te mp l e Cit y and El Monte. No increase in truck delivery hours shal l be permi tted unless such new n oise study indi cates that the same will not viola te the noise ordinance o f El Monte or o f Temp l e City exis ting as of the d at e of this Agreement , whichever is more restrictive. If any reas onable mitigation mea sures are recomme n ded in the new noise study, Home Depot s hall imple ment those measure s be fore a change in the hour s permitted from delivery is accompli shed; and (i ) Mi tigation Measures. Horne Depot reconfirms that it is responsible for compliance with all mitigation measures imposed pursuan t to the MND re lating to the Project. Nothing contained i n Section 2 (b), (d) and (i) sha l l be co nstrued to convey to Tem ple Ci ty any right s as against Home Depot or El Monte in addition to rights it may R~~~: 5953 .10 5 Sept ember 2 , 1 998 have had under existing law if this Agreement had not been executed; and (j) Recreation Program. Horne Depot shall provide on the Property the program it has developed and has in use in it s other stores for ch ildren demonstrating to them the manner in wh ich tools should be used and how const r uction projects should be undertaken . A description of the nature of that program is set forth on Exhib it "Dn attached hereto and i ncorporated herein by thi s reference ; and (k ) Reimbursement to Temple City-Staff . Home Depot agrees to pay Temple City the sum of $10 ,0 00 which represents the approximate cost to Temple City of staff time by staff members of Temple City in reviewing the Project. Section 3 . El Monte's Obligations. El Monte shall be obligated , with respect to the Pro j ect as follows: (a) El Monte shall pay to Temple City annually a sum equa l to five percen t (5%) of sales tax revenues actually received by El Monte derived from sales occurring on the Property ; and (b) Any further projects l o cated within the Northwest El Monte Redevelopment Project Area shall be made to comp l y with the prov isions of all applicable laws , includi ng , but not limited to , CEQA; and (c) If at anytime during the continued operation of the Project that an application is made to El Monte for a change in the Project as approve d , El Monte shall submit any such application to Temple City for its revie\rl and comment . Temple City shal l respond to El Monte with any comments it may have concern ing such proposed change within seven (7) consecutive calendar days after delivery of the same to Temple City . El Monte shall not take any final steps in approving any such change sought until it has received comments from Temple City relating to the same or , if no written comments are delivered to El Monte by Temple City within the said seven (7) consecutive days, El Monte shall proceed to approve such Refl: 5 953.1 0 6 September 2 , 199B changes if the same complies with all applicable laws . Section 4. Enforcement Procedures for Certain Measures. Certain measures, which are hereafter described, are of special interest to Temple City and in the absence of the enforcement procedures regarding those measures contained herein, Temple City would not have executed this Agreement. The measures to which this Section, 4 , relates are set forth on Exhib i t E , attached hereto and incorporated herein by this reference (hereafter "Measures"}. The Parties understand and agree that El Monte is obligated to take all reasonable steps to enforce the Measures, as well as enforcement of all mitigation measures referred to in the MND and the conditions of approval imposed upon the approval of the Entitlements. However, El Monte and Temp le City desire , pursuant to this Section, 4, to provide Temple City with an exclusive procedure to require that El Monte meets its obliga ti on to enforce compliance with the Measures. The Parties have agreed and acknowledge that the most acceptable procedure is as follows: (a) Allegations of Violation . Temple City shall, in writing, advise El Monte of any continuing substantial violation by Home Depot of any of the Measures which it contends exist ("Complain t ") . Such a Compla int shall include evidence of the existence of a continuing substantial violation, by Home Depot which shall include , without limitation, pictures, tapes and/or declarations made under penalty of perjury detailing the alleged violation(s). (b ) El Monte's Investigation. El Monte shall promptly review a Complaint. If El Monte 's investigation discloses that a substantial continuing vio l ation of a Measure ex ists, El Monte shall take such steps as may be reasonably necessary, as a part of El Mont e 's Code Enforcement Program, to require Horne Depot to comply wi th each of the said Measures . If it appears to El Monte that a continuing substantial violation exis ts, El Monte shall take such steps . Re !l : 5 953.1 0 7 s ep~e mb e r 2 , 1998 f as are reasonably required to abate such vi olation . If as a result of the investigation it appears to El Monte that there is inadequate or insubstantial evidence of a continuing subs tantial violation by Home Depot of any of the Mea sures , as alleged in the Complaint, El Monte shall advise Temple City thereof and no further act ion shall be taken concerning such complaint unless Temple City is able to demonstrate, to the reasonable satisfaction of El Monte , that there is evidence of a substantial continuing violation by Home Depot of any one or more of the Measures. (c ) Failure to Correct Hear ing Procedure. If after a review and investigation by El Monte, Temple City reasonably believes that a continuing substantial violation of one o r more of the Measures exists, and that El Monte has failed to take reasonable steps to o btain compliance by Home Depot, Temple City may appoint an independent hearing officer, wh o shall conduct a duly noticed public hearing to determine whether or not there has been a continuing substantial v iol ation by Home Depo t of one or more of the Measures and if so, whether El Mo nte has taken reasonable steps to correct or remedy the same. The burden of proof to show, by a preponder ance of the evidence , the existence of sucb a continuing substantial violation and a failure by El Monte to take reasonable steps to abate the same, shall be upon Temple City. El Monte shall make available to Temple City and to Home Depot its records and files relating to its review and investigation of the i ncident under consideration. If , as a result of the evidence submitted at the hearing , the hearing officer concludes that a continuing substantial violat i on of one or more of the Measures has occurred and that El Monte ha s not acted reasonably in abating the same , Temple City shall be entitled to an award of liquidated damages therefor as provided in subdivision (d) below. Any determination by t h e Hearing Officer shall have no effect or relevancy to Home Depot, and shall not be binding on Home Depot and said determination shall not be admis sib le in any j udi cial proceeding or R~fl: 5953 .1 0 September 2 , 1 998 arbitration t o which Home Depot is a party. The Hearing Officer 's determination shall onl y be relevant to the issue of whether Temp le City is entitled to an award of liquidated damages as provided in Section 4(d ) and (e), below. (d) Liquidated Damages. El Monte and Temple City have agreed and acknowledged that if there is a continuing substantial violation by Home Depot of any of t h e Measures and if El Monte has failed to take reasonable steps to abate the same, that Temple City will suffer damages as a result thereof. Such damages are difficult if not impossible to ascertain with any degree of accuracy. Accordingly, El Monte and Temple City have agreed that in the event of such a continuing substantial violation by Home ·Depot and a failure of El Monte to take reasonable steps to abate the same, Temple City shall be entitled to recover from the deposit , hereafter described, as and f or liquidated damages and not as a penal t y, the foll owing sums: the sum of One Thousand Dollars ($1 ,000) for the first continuing substantial violation of a Measure ; for a second continuing substantial violation of the same Measure, the sum of Five Thousand Dollars ($5,000); for the third and each thereafter of the same continuing substantial violati on, t he sum of Ten Thousand Dollars ($10,000). El Monte may not seek reimbursement of such funds from Home Depot . (e) Dep o s it. El Monte shall deposit in an interest bearing trust account the sum of One Hundred Thousand Dollars ($100,000 ). The Ci ty Manager of the City of Temp le Ci ty shall be the trustee of said account and sha ll be authorized to pay into Temple City's general fund sums finally awarded hereunder by the hearing officer as and for liquidated damages. (f) Arbi trat ion. If either El Monte or Temple City is dissatisfied wi th a decision by the Hearing Officer, it may within thirty (30) days after receiving not ice of the action taken by the Hearing Of ficer , submi t the matter to arbitrat i on as provided in Section 13 o f this Agreement. The Reff: 595 3 .1 0 9 Sept ember 2 , 19 98 prevailing party in such arbitration shall be ent itled to recover all of its costs, including attorneys' fees reasonably incurred in such litigation. If an award of liquidated damage has been made, and the award is overturned in the arbitrati on proceeding, Temple City shall reimburse the deposit mad e by E l Monte in the trust account , in the amount of the award, of liquidated damages, together with interest thereon, at the rate of ten percent (10%) per annum. (g) Conduct of Hearing . The Hearing Officer, in conducting hearings pursuant t o this Section, 4 , shall not be required to observe the formal rules of evidence applicable to a j u dicial proceeding; however, the Hearing Officer shall accept only reasonably reliable evidence which is relevant to one or more of the issues in the proceeding . Any and all interested persons shall be permitted to present relevant rel iabl e evidence under oath in such hearing. (h) Termin at ion of Procedure. The provisions of this Section, 4, shall be of no further force and effect twenty-four (24) months fol lowing the issuance o f a Certificate of Occupancy for the Pro j ect. At that time all sums remaining in the deposit shall be returned, together with inte rest earned thereon, to El Monte . (i) Limitation of El Monte's Obligation . El Monte's obligation pursuant to this Section, 4, shall not exceed in any case, the amount of the original deposit made hereunder, to wit: ($100, 000}. Section 5. Modifications to Project . Except as expressly provided in subparagraph (h) of Section 2, of this Agreement, Home Depot agrees t hat i t will not seek or obtain approval of any change in the Project relat ing to the Measures f or a period of twenty-four (24) months from and after the date that a Certificate of Occupancy is issued for the Project by El Monte. Section 6 . Temple City's Obligations. Refl: 5953,10 Sep~ember 2 , 1999 1 0 I I Temple City sha ll: (a) be obligated to maintain all public s treets under its control immediately adj acent to the Project , including, without limitation , the median to be constructed by Home Depot in and a long Lower Az usa Road as i s d escribed in Section , 2(a) hereo f; and (b) promp tly and timely comm e nt t o El Mont e with respe ct to a ll plans r equi r e d pursuant heret o to be submitted b y El Monte to Temple City f or rev iew and commen t . If Temple City , for any reason, fails t o deliver to El Mont e written comments con cern ing all or any of such p lans within seven (7 ) consecutive calendar days from th e date each plan is delive red to Temple City, it shal l be presumed that Temple City has no comment and tha t El Monte can pro ceed with the permitting process with respect to such plans. Section 7 . Mu tu al Obli gations o f El Monte a nd Te mple City . Temp l e City and El Mo nte shall promptly review and process all appl ica tions concerning the Project or any re l at ing t hereto , that Home Depot submits, including, but not limited to , applications for cuts and/or excavations in publ ic streets adjacent to the Pr oject . Each City shall expeditiously process all such applications to ensur e that there is no unwarranted or· unreasonable delay the per mitting p rocess . Sect ion 8 . Covenant Not To Sue. Each of t he parties hereto agrees to forego any litigation attacking t h e approval of the Project , the En t itlements , the Planning Commission Decision or the City Council Determination , including , wi thou t l imitation , the adequacy of the environmental assessment and approva l of a mitigated negative declaration relating to the said Proj e ct , and comp liance with CEQA . Upon execution of this Agreement it shall be deemed conclusive l y that Temp le Ci t y has wi thdrawn objections to the Project , including, without limitation, Temple Ci ty's Appeal. Section 9 . Compliance with the Law . Al l of t he parties shall, in the performance of their functions pursuant to thi s Agreement, and as to Home Depot as to activities re lating to t he development of the Project , ReU: 5953.10 September 2 1 1998 ll i ts t t I I I I I I . I f I I I I . I shall comply with all applicable laws i ncluding , but not limited to , applicable provisions of the El Monte Mun icipal Code. Section 10. Notices. Whenever notices are required to be given pursuant to the provisions of this Agreement , the same s h a l l be in written form and shall be served upon the party to whom addressed by persona l service as r equi red in judicial proceedings , or by deposit of the same in t he custody of the United States Postal Service or its lawful successor in i nt e rest, postage prepaid, addressed to the parties as foll ows : EL MONTE : TEMPLE CITY : HOME DEPOT: City of El Monte 11333 Valley Boulevard El Monte, California 91731 Attn : Greg Korduner, City Adminis trator City of Temple City 9701 Las Tunas Drive Temple City, California 91780 Attn : Hugh Riley, City Manager Home Depot McClintock, Weston, Benshoof, Rochefort , Rubalcava and MacCuish, LLP 444 S. Flower Street 43th Floor Los Angeles, CA 90071 Attn : Edward Casey, Esq . Notices shall be deemed, for all purpos es , to have been given on the date of personal service or three (3) consecutive calendar days f ollowing the deposit of the same in the custody of the United States mail . Section 11. Binding Effect. The provisions of this Agreement shall be binding upon the parties hereto and their respective successors in interest . Section 12. Section Headings . The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the sections to which they relate . Section 13 . No Presumption Re Drafter. The parties acknowledge and agree that the terms and provisions of this ReH: 5 95 3.1 0 Septembe r 2, 1996 12 I Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same . Because of the nature of such negotiations and discussions , it would be inappropriate to deem a ny party to be the drafter o f this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof , based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. Section 14. Assistance of Counse l. Each party to this Agreement warrants to each other party, as follows : (a) Tha t each party had the assistance of counsel in the negotiation for, and execution of , this Agreement , and all related documents; and (b) That each party has lawfully authorized the execution of this Agreement . Section 15 . Arbitration. The parties hereto agree that any claim or dispute between them arising out of or relating to the terms of this Agreement, shal l be resolved by compulsory binding arb i tration conducted by a retired Superior Court Judge of the State of California selected as provided below, or by a qualified person the parties mutually agree upon. The claim or dispute being arb i trated shall be resolved in accordance with California law. The arbitration proceedings shall be governed by the laws and pro cedures governing civil judicial proceeding s in this State . Each party shall comply with all applicable laws relating to binding and compulsory arbitration , the directions given by the Arbitrator and the provisions of this Agreement. Th e determinations made by the Arbitrator, if within the scope of the Arbitration and the Arbitrator's function , shall be binding and conclusive on the parties and shall be enforceable in the manner provided by law. Where the par ties do not reach agreement upon a qualified person to act as Arbitrato r, the Arbitrator shall be selected in the following manner . (a ) The party initiati ng the arbitration ("Initiat ing Partyfl) shall prepare and submit to the other party ("Respond ing Party") a list ("Listfl) Reflf : 5953.10 13 September 2 , 1 ~98 I . J i l I I l i I. containing the names of not to exceed t hre e (3 ) retired Superio r Court Judges all o f whom the Initiating Party believes are qualified to serve as Arbitrator . The names o f the judges on the Li st shall be numbered consecutively . (b ) The Responding Party, within ten (10) calendar days after service of the List, may either: (1} select one of the named retired judges to act as Arb i trator , in which ca se that retired judge shall serve a s the Arbitrator; or (2 } strike one (1) name from the List. (c ) Upon expiration of said then (10) day period, if not section is made by the Responding Party, the Arbitrator shall be the retired judge o n the List with the lowest number next t o his name, whether or not the Responding Party has stricken a name during the ten (1 0) day per i od . (d) If, for any reason, the retired judge designated as the Arbi trator is unwilling or unable to serve as the Arbitrator, the judge on the Lis t with the next lower number whose name was not stricken shall be the Arbitrator. In the event that none of the ret i red j udges named on a List, are willing or able to serve as the Arbitrator , the Initiating Party shall prepare and submit a new List , containing the names of not to exceed thr ee (3) different retired judges , and the above d escribed procedure shall be followed until an Arbitra tor is selected . By way of illustration, if the List served by the Initiating Party , upon the Responding Party , has the name of three (3) retired j udges , A, B and C . numb ered 1 , 2 and 3, respectively; and number 1 is stricken , t hen B, Number 2 , shall be deemed, for all purposes , to be the selected Arbitrator . Section 16 . Severabilit¥. Each paragraph and provision of this Agreement is severable from each other Refl : 5953 .10 Sep tembe r 2 , 1998 1 4 1 l I ! provision, and if any provision or party thereof is declared invalid, the remaining provision shall nevertheless remain in full force and effect. Section 17. Modification. This Agreement shall not be modified except by written agreement of the parties ·. Section 18. Entire Agreement. This Agreement contains the entire agreement and understanding between the parties hereto concerning the subject matter of this Agreement, and supersedes and replaces any and all prior written or oral negotiations, proposed agreements or agreements . Each party acknowledges that no other party, or any agent or attorney of any party, has made any promise, representation or warranty whatsoever , express or implied, not contained herein concerning the subject matter hereof to induce any party to execute this Agreement, and each party acknowledges that it has not executed this Agre.ement in reliance on any such promise, representation or warranty not contained herein. Section 19 . Governing Law. This Agreement is made and entered into in the State of California and the parties agree that it shall in all respects be interpreted, enforced and governed under the laws of the State of California. Section 20 . Counterparts. This Agreement may be executed in counterparts with the same force and effect as o f executed in one complete document. Section 21 . Amendments. Any amendment o r modification of this Agreement must be in writing stating that it is intended to amend or modify this Agreement and s i gned by the Parties. Section 22 . Attorneys ' Fees. If a proceeding is bro ught pursuant to Section 15 to enfo rce this Agreement, the prevail ing party in such arbitration shall be entitled to recover t he reasonable cost of its att orneys ' fees and costs. Section 23. Effective Date. The effective date of this Agreement shall be September 1 5, 1998. The Parties he r eto have caused this Agreement to be executed as f o llows: Re fi : 5 953.10 September 2 , 1998 15 Ref": 5953 .1 0 September 2 , 1 9 96 J . Robert Flandrick City At torney -El Monte ~ ----------: / Edward J . Casey Att orne y f or Home Depo t 17 I I Reff: 5953.10 Sep~ember 2 , 1998 City of Temple City By :JL .. b(q!:#- ayor ATTEST : 'I s/~-f C t Clerk \..__..· City of El Monte ··~ / /-'' I j_,, ~ /.·' //. / , . .." / By:'·/ ·;-:f .'..... // //(> .. ', =-· Mayor ATTEST : By: ;:;( (& rh t 7/1 trdi, City Cle v.s.A . Horne Depot Inc . , a Delaware corporation By: ------------------------ APPROVED AS TO FORM AND CONTENT : 16 I ' i i I EXHIBIT "A " 10 •311215 3693 PAC::E 2 /2 EXHIBIT •A" That portion of Lot 6 of F . W . Gibson's Tract, in the City of El Monte, Coumy of Los Angeles. Sraxe of California. as per map recorded in Book 15, Page 39 of' Miscellaneous Records, in the office of ~ County Recorder of said County, described as follows: Beginnin& at the Northwest comer of said Lot 6; thence Soulh ts• 10' 55" W=. along the Westerly Uae of said Loc 6 , 679 .08 feet: thence South 11• 49' os• East, 63S .37 feet to the Easterly line of said Lot 6 ; thence Nonh ts• 9' 26" East, along said Easterly lillc of said Lot 6, 1017.96 feet to the Northerly line of 5aUi Lot 6; thence South 80° OS' 30" West.. along the Nortberly line of said Lot 6, 719.70 feet to the point of beginning. EXCEPT therefrom to be known as Lower. Azusa Road, as granted to the City of .E1 Momc by deed reeordcd December 26, 197.5 as Instmmem: No. 586, Official Records. .. t .. -· •• ··-·-·--·-··--.--·---~···-·--•••• ·.; ...... . i ' I I I I I I EXHIBIT 8 8" ~ C.~1 lUUJaa. T• PUolalf ~~ .._..wr~ riLl~ LJ~M r.. ~~ A~ -·---~-·-·-,---------------------~~-----~----------------------------------·---------------·-----------_____ ....;. __ ,. ____ , _______ ···--·- I i I I I j t l I I --:-·''·'"':"'. tM •• -- 11 ~IEliHXH ·~ ,,.. . .,, .. --~ ,., ~--.,-­~---·••a ........... ·----.. ....... , .... _ ..... . ' EXHIBIT we" i l ' l I l I i I I I I le/06/1998 13:25 .969279. a NOL TE PAGE 62 \ l \ r.-.a ~ fPA..-r OIIJ() . ~ S•~• M.K1 Af.ll\, _,SfotWAU.. v~o IMPflo'/l:M~~,..~ A-r ~U1' 0~\15WA-Y t1F ~t 'DtP&T A~ LP~ A7..c1SA ~A-D I \ I i \ I I i l I ' . EXHIBIT "D" l I t i l t I s I f I '-·· ""-'' _...,_ ... ..,JOJ ... v • ...,_ .LV_..;._u ~ . . . Subj~ 1"hhl Home Oepot-J(jd.J Worit.lhop '""'""'' "'"'' 1 \:...1 "11~'- EXHIBIT D In mponae co cbe cny ofTempt. City•s requat far wormalion on tho Kidt Wotk•bop proll'lft\. the follow ll • dftcripriOtl of me pt'OII'ML '"•• •• "• KJa Worlraupf The Kidl workshop ilan acitinl wsy for Tbe Hcae Dec-to blip kW t. 01\-ela, Do-lt·YCNrlllflkilll 2. L.cam MI'IIIJ sti.lll . .3. Gaia a 11n1e of acoomplilhmnl TU stan ord.tn pre-t'Urtca..s kill far eua Mnklbop. K1dl b&aild a dift'lfte& pro;. eiCh 1111ioa £sJa plnicipun ...-w.aa IPft'll. a diploma aad a ac:.ll.i.lwmat JM , 11 Mil u a fJftiallad project to .U home. ... ia it fer? -.. n. XJcla wocbhopl ... for kid' a ... ' to 12 IDII tllm s--a ....... .-,w.., w~ uw lwJd aMI allalllb ar ... .,_.... tba awpaNI in.thl COIIIIIlunltY. '" ..... ,..., ..... 1' ne ~ ue beld ia U. ~tan ••lt w:-. ..._.. Wtbl ~. I I t I ' l i I l i { I I .. EXHIBIT E 1 . Deliver y trucks will shut down their engines after five minutes of waiting t o get to the delivery area. 2 . Comp l iance with Section 2(h) of t h e Settlement Ag r eement between the City of El Monte , the City of Temple City and Home Depot dated September 15, 1998 ("Sett lement Agreement") . 3 . The Home Depot store shall be closed to new business at 10 :00 p.m . 4 . The hours for trucks delivering merchandise to the Horne Depot store shall be 7 :00a.m . to 10:00 p .m., subject to the provisions of Section 2(h) of the Settlem ent Agreement . Refl: 5953 .10 Sep~ember 2 , 1998 18 I l t