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
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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 .
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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
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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
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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
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{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
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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
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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
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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
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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
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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
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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
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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
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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 :
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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 .. -· •• ··-·-·--·-··--.--·---~···-·--•••• ·.; ...... .
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EXHIBIT 8 8"
~ C.~1 lUUJaa. T•
PUolalf ~~ .._..wr~
riLl~ LJ~M r.. ~~ A~
-·---~-·-·-,---------------------~~-----~----------------------------------·---------------·-----------_____ ....;. __ ,. ____ , _______ ···--·-
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~--.,-~---·••a
...........
·----..
....... , .... _
.....
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EXHIBIT we"
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le/06/1998 13:25 .969279. a NOL TE PAGE 62
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EXHIBIT "D"
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""-'' _...,_ ... ..,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 ~.
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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
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