HomeMy Public PortalAboutOrdinance 06-905ORDINANCE NO. 06 -905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING
AND APPROVING PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65264
et seq. A DEVELOPMENT AGREEMENT (No.05 -1) FOR A MIXED -USE PROJECT
(PIAZZA LAS TUNAS) AT 9021 LAS TUNAS DRIVE & 5770 ROSEMEAD
BOULEVARD. THE PROPOSED PROJECT INVOLVES A DEVELOPMENT
AGREEMENT, WHICH CONSISTS OF PLANS TO CONSTRUCT
APPROXIMATELY 32,000 SQUARE FEET OF RETAIL SPACE, 65,600 SQUARE
FEET OF "SPECIALTY" RETAIL SPACE, OF WHICH 11,700 SQUARE FEET
WOULD BE DEVOTED TO FOOD COURT USES, 19,000 SQUARE FEET OF
QUALITY RESTAURANT SPACE, AND AN 8,000 SQUARE FOOT BANQUET
HALL, FOR A TOTAL COMMERCIAL SQUARE FOOTAGE OF 124,600 SQUARE
FEET. IN ADDITION, THE MIXED -USE DEVELOPMENT WILL HAVE 52 ONE -
BEDROOM RESIDENTIAL UNITS. THE PROJECT WILL HAVE A TOTAL OF 786
PARKING SPACES, 653 OF WHICH WILL BE LOCATED IN A MULTI - LEVELED,
45 -FOOT HIGH PARKING STRUCTURE SITUATED AT THE NORTHEAST
CORNER OF THE SUBJECT PROPERTY. THE SITE IS DESIGNATED AS
COMMERCIAL ON THE CITY'S GENERAL PLAN LAND USE MAP. (T.C.D.
ENTERPRISES, INC.) (ZC 06- 1651). THE ZONE MAP OF THE CITY IS AMENDED
ACCORDINGLY
The City Council of the City of Temple City does ordain, as follows:
SECTION 1. Based upon information presented in Planning Commission Resolution No. 06-
2169PC, on a Staff Report dated May 2, 2006, and on a Public Hearing on May 2nd, 2006 to consider a
Development Agreement, the City Council makes the following findings:
1. The City's General Plan currently provides for mixed -use developments in the Downtown
Specific Plan Area and in the City's Redevelopment Area, and the project site is within
"Block D" of the Redevelopment Project Area. Accordingly the proposed Development
Agreement is consistent with the General Plan.
2. A Development such as is proposed by said Development Agreement is appropriate in the
more urbanized portion of the City, principally on primary streets and /or in proximity to major
transportation corridors, and the project site is arguably within the most urbanized portion of
the City at one of the main commercial nodes in the City (Rosemead Boulevard and Las
Tunas Drive) — and accordingly will serve the best interest of the City and will redound to the
general welfare.
3. The Development Agreement will allow a higher level of density than normally allowed in
other parts of the City; this higher density would help the City in meeting the goals and
objectives of the State Department of Housing and Community Development and the
Southern California Association of Governments by providing for a high- density residential
land use and more affordable housing opportunities in that the proposed project would
provide 52 one - bedroom condominium units at a site which could not be improved with
housing in any form without the requested Mixed Use overlay zone. Although the proposed
housing would be market rate, the rather small size (one bedroom) and density of the units
will result in the units being among the lowest cost units in the City.
4. A Development Agreement is desirable and serves the public interest and general welfare
from the perspective of land use utilization and transition of identified nodes or clusters,
which are evolving toward a more urban development pattern as opposed to the traditional
suburban land use pattern, and the project site is on the northeast corner of one of the main
commercial nodes of activity in the City.
Ordinance No. 06 -905
Page 2
5. The Development Agreement would provide alternative shopping and dining opportunities
as well as opportunities to live in proximity to commercial centers without the need to rely
totally on the private automobile, and the proposed mixed use project would feature 19,000
square feet of quality restaurant space, more than 10,000 square feet of food court area,
which would be readily accessible to residents of the development as well as residents of
nearby neighborhoods.
6. A mixed -use would further the overall intent of the Redevelopment Plan in that it would
allow for more pedestrian oriented uses, and an environment where shopping, working and
living can be realized in a compact geographic area, thus reducing vehicular traffic trips and
reducing adverse environmental effects associated with air quality and traffic, and the
proposed mixed -use development would further this goal.
SECTION 2. This project will not result in significant effects upon the environment because of
revisions made to the project and because of mitigation measures incorporated into the approval, and the
Mitigated Negative Declaration (together with a mitigation monitoring program) has been prepared in
accordance with the State CEQA Guidelines. The initial statement as prepared indicates that there is no
potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish,
amphibians and related ecological communities, including the habitat upon which the wildlife depends for
its continued viability. The content and conclusions of the Mitigated Negative Declaration and its
Mitigation Monitoring Measures are hereby approved as the independent judgment and analysis of the
members of the City Council, each of whom is familiar with the site, the proposed project, the content of
the CEQA documents on file, the prior EIR on the Redevelopment Project, and all of the raw data and
preliminary documents and studies on file relating thereto. In particular, the City is familiar with the traffic
conditions extant before the proposed development, and agree that this Project with mitigation measures
incorporated will not cause any significant impact. Only one written comment on the Mitigated Negative
Declaration was received during the public comment period, and any verbal comments were directed at
the project rather than the CEQA concerns. Further, the City finds that any sun and shadow issue is not
significant because the shading is similar to that caused by the existing trees on site. Under Mira Monte v.
Oceanside 14 CR3d 308, CEQA is limited to the impact of the project on the total environment, not how it
may impact 1 or 2 neighbors. Bowman v. Berkeley 18 CR3d 814 holds that aesthetics e.g. light, air, view
and shadows impacting only 1 or 2 (a few) neighbors are not substantial impacts under CEQA, especially
when the project is considered normal urbanization, as the City finds here. These findings are intended as
a response to any and all written public comments received on the Mitigated Negative Declaration during
the CEQA comment period which ended on April 10, 2006. Public comments received after the public
input time limit were addressed verbally at the May 2, 2006 hearing on the Project.
SECTION 3. Based upon the above findings, the City Council adopts the Mitigated Negative
Declaration, including the Mitigation Monitoring and Reporting Program attached to the Initial
Study /Mitigated Negative Declaration document and approves the "Development Agreement No. 05 -1"
which henceforth shall constitute the effective zoning of the property described as follows, based upon
and subject to the following conditions:
The northwest corner of Las Tunas Drive and Rosemead Blvd.
in the City of Temple City, Los Angeles County, California,
specifically described as set forth in Exhibit A attached hereto
The following Project is hereby approved, subject to the terms and conditions set forth in the
accompanying Development Agreement and Exhibits B and C attached thereto, hereinafter
referred to as Development Agreement 05- 1,incorporated herein by reference as though at this
point set forth in full.:
THE PROJECT AS APPROVED HEREBY INVOLVES "DEVELOPMENT AGREEMENT
05 -1 ", WHICH CONSISTS OF PLANS TO CONSTRUCT APPROXIMATELY 32,000
SQUARE FEET OF RETAIL SPACE, 65,600 SQUARE FEET OF "SPECIALTY" RETAIL
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Ordinance No. 06 -905
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SPACE, OF WHICH 11,700 SQUARE FEET WOULD BE DEVOTED TO FOOD COURT
USES, 19,000 SQUARE FEET OF QUALITY RESTAURANT SPACE, AND AN 8,000
SQUARE FOOT BANQUET HALL, FOR A TOTAL COMMERCIAL SQUARE FOOTAGE
OF 124,600 SQUARE FEET. IN ADDITION, THE MIXED -USE DEVELOPMENT WILL
HAVE 52 ONE - BEDROOM RESIDENTIAL UNITS. THE PROJECT WILL HAVE A TOTAL
OF 786 PARKING SPACES, 653 OF WHICH WILL BE LOCATED IN A MULTI -
LEVELED, 45 -FOOT HIGH PARKING STRUCTURE SITUATED AT THE NORTHEAST
CORNER OF THE SUBJECT PROPERTY — ALL AS CONDITIONED AND RESTRICTED
BY THE CONDITIONS SET FORTH HEREIN AND IN THE DEVELOPMENT
AGREEMENT OF THE GENERAL DESIGN AND FORMAT AS SET FORTH IN
DOCUMENTS PREVIOUSLY FILED BY THE DEVELOPER AND ON FILE WITH THE
CITY DESIGNATED WITH THE STAMP OF THE PLANNING DEPARTMENT.
A) Conditions Prerequisite:
1. The terms of the OPA signed by the property owner on August 22, 2005 (to the extent not
inconsistent herewith) shall remain in effect.
2. A Memorandum (short form) of this Development Agreement incorporated herein in the
form approved by the City Attorney shall be recorded before this Ordinance and the
Development Agreement shall become effective, except as hereinafter excepted.
3. This Ordinance and the accompanying Development Agreement shall become
immediately effective provided however that only 1) on -site demolition of existing
buildings; 2) the construction of the Parking Structure and 3) the grading and foundations
of the rest of the development shall be permitted until the Developer has filed with the
City actual building plans for the rest of the development in form and content consistent
with this Ordinance and the Development Agreement, and so certified to by the City
Building Inspector and City Manager. If the Developer proceeds with the Parking
Structure, and fails for any reason to complete the rest of the development, the
Developer shall immediately cause the Parking Structure and foundations to be
demolished and removed from the premises, and shall guarantee such demolition and
removal by depositing with the City a forfeitable cash bond of $400,000 prior to starting
the same, and authorize the City to enter upon the property for such demolition.
4. This Ordinance and the Development Agreement shall become immediately effective as
above set forth, but the developer shall not construct the Condominium units until it has
filed and had approved a Final Tract Map with regard thereto, together with CC &Rs in
form acceptable to the City Attorney.
B) Conditions Concurrent:
5. The proposed development shall be in substantial compliance with the submitted plans date
stamped May 16, 2006, and the related Development Agreement No. 05 -1, Exhibits "A" "B"
and "C" and attachments thereto, except as modified herein.
6. The property shall be consistently maintained and kept free of weeds, trash, debris,
abandoned vehicles, vacated equipment, etc. to the satisfaction of the Community
Development Department.
Ordinance No. 06 -905
Page 4
7. In order to ensure high quality construction, the project developer shall pay the City for the
cost of having a licensed architect or architectural firm, or a certified construction specialist
or firm on call at the random call by the City during the construction process. This
professional architect or construction manager selected by and serving at the pleasure of the
City, shall have oversight as to the quality of materials used and the workmanship. This
individual or firm shall serve as a liaison between the City and the Developer /contractor to
ensure quality construction, including but not limited to; building materials, color selections,
architectural features, etc The Community Redevelopment Agency, or City may reject
substandard materials as recommended by such independent architect and /or specialist.
C) Conditions Subsequent:
8. There shall be no commercial usage of the residential units; a covenant shall be recorded
which specifies that no home occupation or any other office use or commercial use shall
be made of any residential unit. Conversely, no commercial space shall be occupied as
living quarters; no business occupant shall utilize a commercial unit for living or sleeping
purposes.
9. With regard to the commercial areas:
a) there shall be at least one major anchor tenant occupying at least 31,000 square feet
of gross floor area or, alternatively, two major retail anchors, each having no Tess
than 15,500 square feet within the shopping center. As per the OPA, the City shall
have pre - approval rights to veto these uses.
b) no commercial unit in the Center shall have less than 800 square feet of gross floor
area.
c) there shall be no more than 40 individual retail stores or commercial units.
d) there shall be no more than 5 sit -down, formal dining restaurants.
e) there shall be no more than 15 separate food vendors in the food court.
f) The foregoing restrictions are not intended to thwart any "build -to -suit" options
presented by the developer, but are to be enforced subject to such options.
g)
The 20ft green belt at the north end of the parking structure (and the greenery on the
structure )shall be maintained in good condition at all times. Upon failure of the
developer to so maintain, the city /CRA may declare a default and breach of these
conditions or take over the maintenance, and be reimbursed by the
Developer /property owner.
h) As set forth in Development Agreement 05 -1, the City shall have the authority to
approve or disapprove each and every lease, use, and tenant prior to being signed
by the Developer.
10. All businesses shall be conducted within an enclosed building unless otherwise approved
and authorized by the City Council; Any business enterprise(s) conducted from a
freestanding portable cart or kiosk shall be specifically pre- reviewed and pre- approved by
the City Council and Community Redevelopment Agency.
11. Hours of operation: no restaurant or business shall operate after 2 a.m. daily.
12. Any business wishing to obtain a State License from Alcohol Beverage Control shall be
subject to a separate Conditional Use Permit from the City.
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Ordinance No. 06 -905
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13. The parking structure shall be lighted to the satisfaction of the City of Temple City, Los
Angeles County Fire Department and Los Angeles County Sheriff's Department.
14. The reader- board billboard and /or any electronic signage shall be subject to on going
review and monitoring by the City of Temple City. The City may at its discretion impose
specific conditions relative to the electronic Billboard and /or any electronic signage
relative to animation, colors, brightness, content, hours of operation, etc. Because the
subject development will provide reader -board billboard space and electronic signage, no
individual business shall have a banner, fliers, sandwich board sign or any other type of
temporary signage outside of an enclosed building area. The City and Community
Redevelopment Agency shall have the authority to post public notices on the reader
board at such times as such agencies see fit.
15. Exterior signage shall be subject to the following:
a) One electronic reader board shall be permitted, not exceed 10 -feet tall by 20 -feet
wide, to be mounted on "Building 2" located at the southwest corner of the site.
b) A second electronic reader board shall be permitted, not exceed 10 -feet wide by 10-
feet tall, located on one of the tower elements.
c) A detailed Master Sign Program shall be submitted prior to issuance of building
permits for all individual tenant exterior signage. No "canned" signs or freestanding
signs shall be allowed at the project site. All onsite signage shall be in compliance
with the City's sign ordinance. All signage reviewed and approved by the Community
Development Department shall require appropriate Building permits and Planning
approvals.
16. Security in the parking structure and in the mall area shall be provided as may be required
by the Sheriff and Fire Departments as well as the City of Temple City. At a minimum, .
there shall be at least one security person on duty at all times, 24 hours per day; this security
person shall patrol the entire Mixed Use Project, with particular emphasis on the parking
structure. As a minimum, there shall be one full time security person and sufficient video
cameras to monitor the facilities at all times.
17. There shall not be a fee for the public to park within the parking structure.
18. Bicycle racks or bicycle lockers shall be provided to the satisfaction of the Community
Development Department.
19. Any graffiti or acts of vandalism shall be removed or repaired within 24 hours.
20. The residential units shall be separated from the commercial development by a keyed entry
system for the protection of the residents.
21. Traffic signals at the intersection of Las Tunas Drive and Rosemead Boulevard, as well as
the intersection of Las Tunas Drive and Sultana Avenue shall be timed or improved as
recommended by the City's traffic consultant, and to the satisfaction of the Community
Development Department, and Caltrans.
22. Appropriate landscaping shall be planted and maintained by the applicant between the
terminus of Myda Avenue and the proposed wall adjacent to northerly property line of the
project site. Said landscaping shall be fast growing, and shall serve as a visual buffer
between the project and residences along Myda Avenue. This condition shall supercede the
language contained in the Owner Participation Agreement (OPA), which stated that all
Ordinance No. 06 -905
Page 6
existing trees adjacent to the northerly property line shall be retained. It is understood that
some or all of the existing trees may be removed to accommodate the proposed
development. It is also understood that an easement for vehicular access shall be provided
by the developer to the single family property located immediately north of the parking
structure on the west side of sultana Avenue; because of this driveway easement, there will
be little or no landscaping immediately north of the parking structure where it abuts the
property addressed as 5229 Sultana Avenue.
23. The following conditions are mitigation measures, which are also included in Appendix D of
the related Initial Study /Mitigated Negative Declaration. Said mitigation measures (along
with any amendments) shall be incorporated into a Mitigation Monitoring Program prepared
by the applicant in accordance with the provisions of CEQA.
24. The times within which the development shall be completed are as set forth in the OPA
between the parties dated August 23, 2005 and incorporated herein by reference.
D) Mitigation measures
a). Aesthetics
AES -1. To mitigate any claimed significant aesthetic impact on residences immediately
north of the project site created by the parking structure's north wall, the
applicant/developer will be required to pursue one or more of the following
options, at the direction of the City:
A. Design and construct a series of appropriately scaled arches that cover the
length of the wall.
B. Design and construct faux windows with real balconies to create an illusion of a
residential facade.
C. Design, construct, and maintain real balconies with planters at three levels in a
manner that resembles three building stories.
D. Design, install, and maintain on the cement wall of the parking structure a "green
screen" consisting of a mesh material made of metal and planted with evergreen
vines trained to grow up the wall on the screen.
E. Install and maintain a form of thorny or similar landscaping at the base of the wall
and within the required 20 -foot setback. The landscaping shall be of a variety that
discourages trespassing and access to the wall, and that is attractive and
evergreen. The design and treatment of the parking structure wall shall be
reviewed and approved by the Community Development Director prior to action
on the project, and the required treatment shall be incorporated into the
Development Agreement.
b) Air Quality
AIR -1. For the demolition phase of construction, the applicant/permittee shall use a
lean -NOx catalyst on both on -and off -road diesel equipment to reduce NOx
emissions.
AIR -2. For the building construction phase of construction, the applicant/permittee shall
use cooled exhaust gas recirculation on both on -and off -road diesel equipment to
reduce NOx emissions.
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Ordinance No. 06 -905
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AIR -3. The developer shall use zero Volatile Organic Compounds (VOC) content
architectural coatings during the construction of the project and in accordance
with SCAQMD regulations and guidelines.
AIR -4. All restaurant owners and /or operators shall be required to install emissions and
odor control devices. Such systems shall be installed and operable prior to the
issuance of occupancy permits for any such restaurant. A central odor control
device may be installed to serve all restaurants instead of separate individual_
devices.
c) Geology and Soils
GEO -1. Best Management Practices (BMPs) shall be employed during all site
preparation, demolition, grading, and construction to ensure that all soil erosion
and deposition are contained within the construction site. Such BMPs may
include, but are not limited to, covering of the graded area or piled soil with straw
or straw matting, and use of water for dust control.
d) Noise
NOI -1. Construction activities shall be limited to the hours between 7:00 A.M. and 7:00
P.M. during the week and 8:00 A.M. and 6:00 P.M. on Saturdays. No
construction activity shall occur on holidays or Sundays.
NOI -2. All heavy construction equipment and all stationary noise sources such as diesel
generators shall have manufacturer - installed mufflers.
NOI -3. The project developer /applicant shall post a telephone number and name of a
contact person for registering comments or complaints regarding construction
noise. Such signage shall be posted in a clearly visible area along Rosemead
Boulevard, Las Tunas Drive, and Sultana Avenue. All complaints shall be given
to the City Planning Department on a daily basis.
NOI -4. Truck deliveries shall be limited to the hours between 7:00 A.M. and 10:00 P.M.
NOI -5. All mechanical equipment shall be acoustically shielded to levels that achieve the
noise /land use compatibility criteria set forth in the City's General Plan Noise
Element.
NOI -6. A minimum 6- foot -high block wall shall be erected along the north property line
between Elm Avenue and the residence immediately across from the project's
loading area. The City will coordinate the design of the wall with the project
developer.
NOI -7. Signs shall be posted at all parking structure exits cautioning drivers to maintain
quiet and respect neighbors as they leave the site.
NOI -8. As part of the Development Agreement conditions, the City shall reserve the right
to limit the hours of operation of the banquet facilities and restaurants as a
means of reducing on -site noise in response to any prolonged, documented
evidence of noise conflicts.
NOI -9. The North wall of the multi - leveled parking structure shall be solid, with no
openings, in order to sufficiently mitigate noise, light and glare, generated by
vehicles utilizing the parking structure. While the solid wall is essential as a
mitigation measure for potential noise, and light and glare impacts, the north
Ordinance No. 06 -905
Page 8
facade of the parking structure shall incorporate architectural and design features
consistent with the overall design of the project as outlined in mitigation measure
"AES -1 ".
e) Transportation/Traffic
TRA -1. Parking structure access, delivery truck loading area, and the subterranean
residential parking will be provided via Elm Avenue. Elm Avenue will be striped to
provide one inbound lane and one outbound lane. The Elm Avenue at Rosemead
Boulevard driveway will offer full northbound and southbound inbound access,
but will be limited to right -turn only egress. Westbound and eastbound left -turn
and through movements will not be allowed. Physical barriers, paint, and signage
will be provided to ensure the intended ingress and egress operations. Also, a
35 -foot curb return will be provided on the southeast corner of Rosemead
Boulevard /Elm Avenue to facilitate easier right -turns for project traffic (refer to
Figure 10 of the Traffic Study in Appendix D).
TRA -2. A widened roadway section on Elm Avenue will be provided to allow a second
inbound lane for exclusive use of the residential traffic and the delivery /trash
trucks (refer to Figure 10 of the Traffic Study in Appendix D). The driveway to
residential parking will be located east of Rosemead Boulevard, on the south
side of Elm Avenue and west of the parking structure.
TRA -3. The Sultana Avenue parking structure access will be located approximately 140
feet north of Las Tunas Drive, at the northeast corner of the project site. The
driveway will have a width of 25 feet and will offer one inbound lane and one
outbound lane. The northbound Sultana Avenue approach will provide a left -turn
lane (into the parking structure) and one through lane. A raised "pork- chop"
median island will be provided at the Sultana Avenue driveway to ensure a right -
turn only exit movement. This will prevent project traffic from turning left and
intruding into the neighborhood streets.
TRA -4. The project developer /applicant shall dedicate an approximately 10 -foot wide
strip extending 140 feet along the west side of Sultana Avenue and build an
additional lane from the driveway to the intersection of Sultana Avenue /Las
Tunas Drive. The lane configuration at the intersection of Sultana Avenue and
Las Tunas Drive shall include in the southbound direction a shared through /left
turn lane and an exclusive right -turn lane, with one northbound lane. The other
legs of the intersection will remain unchanged. The specifications of this
dedicated lane will be provided in the site plan included as part of "Exhibit B" of
the Development Agreement, and the developer /applicant will be required to
comply with the agreement. The traffic signal at the intersection of Las Tunas
Drive and Sultana Avenue shall be modified as necessary to meet City and
County standards.
25. The conditions of approval contained in this Ordinance may be enforced by the Sheriffs Office
as well as by City staff. Any violation of any condition is a misdemeanor and may be
processed directly by criminal complaint. The indemnity and enforcement provisions of the
Development Agreement shall also be enforced as set forth therein.
26. A copy of this Ordinance shall be included in the construction plans as construction notes.
27. This Ordinance shall not become valid until all responsible parties have signed and agreed to
the aforementioned conditions of this Ordinance.
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SECTION 4. The City Council recognizes that there are at least two prospective challenges or
amendments to this Ordinance, as follows:
1. There is controversy over who owns the northerly 20 feet of the vacated Elm street, and that
both the Developer and adjoining residents claim title thereto. This Development Agreement is
based upon the Developer's title reports, showing ownership of such by the Developer. Should
that prove in the future not to be the case, then the 20 foot greenbelt set forth in the
Development Agreement and this Ordinance shall cease to be an obligation of the Developer,
but the parking structure north wall shall be treated as described in AES -1 above.
2. There is controversy about the treatment of Sultana as to whether it should be widened as set
forth in the Development Agreement or whether it should be cul -de- sacked and closed to
through traffic northerly of Las Tunas Drive. After construction, the City will monitor the traffic
patterns on Sultana Ave, and take action appropriate to maintain traffic counts at a level no
greater than the levels which existed with the prior usage of the site
SECTION 5. As provided by Section 65264 et seq of the Calif. Government Code, this Ordinance
shall be subject to Referendum.
SECTION 6. The City Council finds and determines that this Ordinance and re- zoning is
consistent with the adopted General Plan of the City as specifically set forth in Resolution No. 00 -3969 on
November 7, 2000, and is adopted in order for the CRA to meet its mandated elimination of blight and
provide more housing.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same
to be published as required by law.
PASSED, APPROVED AND ADOPTED on this 16th day of May, 2006.
191AlLe— eCte)
MAYOR
ATTEST:
nr 4/0-)/
City Clerk
1, City Clerk of the City of Temple City, hereby certify that the foregoing ordinance, Ordinance No.
06 -905, was introduced at the Adjourned Regular Meeting of the City Council of Temple City on the 10th
day of May, 2006 and was duly passed, approved and adopted by said Council at the Regular Meeting
held on the 16th day of May, 2006 by the following vote:
AYES: Councilmember - Arrighi, Gillanders, Wong, Wilson, Capra
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
Ordinance No. 06 -905
Page 10
READ, APPROVED AND CONDITIONS ACCEPTED:
— — co b
Randy Wang, TCD.Enterprises, Inc. Date
Property Owner /Applicant
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DEVELOPMENT AGREEMENT NO. 05 -1 CONCERNING
PROPERTY KNOWN AS "Piazza Las Tunas" LOCATED
AT THE NORTHEAST CORNER OF LAS TUNAS DRIVE AND
ROSEMEAD BLVD. TEMPLE CITY, CA.
THIS AGREEMENT is made and entered into as of the "Effective Date" set forth
herein by and between:
1) Randy Wang aka TCD Enterprises Inc, dba Temple City Galleria. ( "Developer ")
and
2) The CITY OF TEMPLE CITY and THE TEMPLE CITY REDEVELOPMENT AGENCY,
a municipal corporation organized and existing under the laws of the State of California"
(hereinafter referred to collectively as "City ").
WITNESSETH:
A. RECITALS
(i) California Government Code Sections 65264, et seq. authorize cities to
enter into binding development agreements with persons having legal or equitable interests
in real property for the development of such property.
(ii) Developer has a legal and equitable interest in and to that real property
located entirely within City, the common and legal description of which is set forth in
Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter is
referred to as "the Site." Developer intends to construct a mixed use (residential and
commercial) development (the "Project ") on the Site as more fully described herein.
(iii) The Site is now designated (MUZ) Mixed Use, Precise Development, as
amended to date hereof. Developer and City desire to provide through this Development
Agreement more specific development controls on the Site which will provide for maximum
efficient utilization of the Site in accordance with sound planning principles and in a manner
consistent with the General Plan and the Zoning Ordinance.
(iv) On May 16th, 2006, 1) City adopted its Ordinance No. 06 -904, thereby
establishing a MUZ zoning for the project site; said ordinance became effective on June 15,
2006 2) adopted Ordinance No. 06 -905 approving this Development Agreement with
Developer; and 3) approved and certified a Mitigated Negative Declaration with regard to
such ordinance and Development Agreement;.
Piazza Development Agreement No. 05 -1
Page 2
B. AGREEMENT:
NOW, THEREFORE, the parties hereto agree as follows:
THE PROJECT APPROVED HEREBY INVOLVES A DEVELOPMENT
AGREEMENT, WHICH CONSISTS OF PLANS TO CONSTRUCT
APPROXIMATELY 32,000 SQUARE FEET OF RETAIL SPACE, 65,600
SQUARE FEET OF "SPECIALTY" RETAIL SPACE, OF WHICH 11,700
SQUARE FEET WOULD BE DEVOTED TO FOOD COURT USES, 19,000
SQUARE FEET OF QUALITY RESTAURANT SPACE, AND AN 8,000 SQUARE
FOOT BANQUET HALL, FOR A TOTAL COMMERCIAL SQUARE FOOTAGE
OF 124,600 SQUARE FEET. IN ADDITION, THE MIXED -USE
DEVELOPMENT WILL HAVE 52 ONE - BEDROOM RESIDENTIAL UNITS. THE
PROJECT WILL HAVE A TOTAL OF 786 PARKING SPACES, 653 OF WHICH
WILL BE LOCATED IN A MULTI - LEVELED, 45 -FOOT HIGH PARKING
STRUCTURE SITUATED AT THE NORTHEAST CORNER OF THE SUBJECT
PROPERTY; AND SUBJECT TO THE CONDITIONS SET FORTH IN EXHIBITS
B and C FOLLOWING.
1. Definitions; In this Agreement, unless the context otherwise requires, the following terms
shall have the following meaning:
a) "City" is the City of Temple City; CRA is its Redevelopment Agency.
b) "Developer" is TCD Enterprises Inc. dba Temple City Galleria.
c) "Specifications," The Site shall be developed in substantial compliance with
this Development Agreement, the development plans and specifications
approved by the City Council and incorporated herein by reference. Said
documents consist of a site plan, architectural elevations, floor plans,
preliminary grading and improvement plans with cross - sections, conceptual
landscape /wall and fencing plans, and color and materials boards, inclusive,
and are hereinafter referred to as the "Specifications." The Specifications
includes various conditions of approval set forth in Exhibit "B" attached hereto,
which are not changed, altered, or modified by this Development Agreement
unless specifically set forth herein. The project also includes the records of
applications by Developer, the proceedings before the Planning Commission
and City Council, Ordinances NOs. 06 -904 and 06 -905, and all such records
and files in. these matters are incorporated herein by reference as though set
forth in full. From this date forward the zoning on said property shall be as set
forth herein.
d) "Project" is that development approved for the Site as provided in the
Development Agreement. Specifically, the development shall consist of 52 to
52 condominium complex, each shall be a one bedroom condo with an average
size of 970 square feet with one bathroom in the Specifications attached hereto
as Exhibit B.
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Piazza Development Agreement No. 05 -1
Page 3
e) "Effective Date" shall mean the 31st calendar day following adoption of the
Ordinance and approval of this Agreement by City's City Council.
2. Recitals. The foregoing recitals are part of the agreement between the parties and
shall be enforced and enforceable as any other provision of this Agreement.
3. Interest of Property Owner. Developer warrants and represents that it has full legal right
to enter into this Agreement and that the persons executing this Agreement on behalf of
Developer have been duly authorized to do so.
4. Waiver of Rights Under Prior Zoning. Developer hereby waives any rights to
develop the site that may have accrued pursuant to prior C -2 zoning of the site.
Developer further acknowledges and agrees that this Development Agreement
supersedes and replaces any and all provisions of prior zoning, which pertain to the
site.
5. Binding Effect of Agreement. Developer hereby subjects the Project and the land
described in Exhibit "A" hereto to the covenants, reservations and restrictions as set
forth in this Agreement. The City and the Developer hereby declare their specific
intent that the covenants, reservations and restrictions as set forth herein shall be
deemed covenants running with the land and shall pass to and be binding upon
Developer's successors and assigns in title or interest to the Project. Each and every
contract, deed or other instrument hereinafter executed, covering or conveying the
Project or any portion thereof shall conclusively be held to have been executed,
delivered and accepted subject to the covenants, reservations and restrictions
expressed in this agreement, regardless of whether such covenants, reservations and
restrictions are set forth in such contract, deed or other instrument. The parties agree
that the covenants, reservations, and restrictions including all of the conditions set
forth in Ord. No. 06 -904, Ordinance No. 06 -905, the OPA approved August 16th,
2005, and Exhibits B and C attached to this Development Agreement.
6. Relationship of Parties. It is understood that the contractual relationship between City
and Developer is such that Developer is an independent party and is not the agent
of City for any purpose whatsoever and shall not be considered to be the agent of
City for any purpose whatsoever.
7. Term of Agreement., The term of the Agreement shall commence on the effective date
and shall expire exactly 5 years later, so long as Developer remains in material
compliance with this Agreement, as from time to time amended.
8. Assignment. With the consent of the City (which shall not be unreasonably
withheld) and except as hereinafter restricted, Developer shall have the right to sell,
mortgage, hypothecate, assign or transfer this Site to any person or entity at any time
during the term of this Development Agreement. Any such transfer shall be deemed to
include an assignment of all rights, duties and obligations created by this
Development Agreement with respect to all or any portion of the Site. The
assumption of any or all of the obligations of Developer under this Agreement
Piazza Development Agreement No. 05 -1
Page 4
pursuant to any such transfer shall relieve Developer, without any act or
concurrence by the City, of its legal duty to perform those obligations except to the
extent that Developer is in default with respect to any and all obligations at the time
of the proposed transfer.
Anything herein to the contrary notwithstanding, the property shall not be sold,
transferred or otherwise alienated until after all of the construction has been
completed by the Developer and signed off by the City. The City may waive this
restriction at any time, but only for good cause as determined exclusively by the City.
The reason for this restriction is that the City and Developer (and his consultants)
have forged a strong bond of reliability and trust, a component that must exist
between the parties involved during the construction period.
9. General Standards and Restrictions Pertaining to Development of the Site. The
following specific restrictions shall apply to the use of the Site pursuant to this
Development Agreement:
a) Developer shall have the right to develop the Project on the Site only and
solely in strict accordance with the terms and conditions of this Agreement (and
in the architectural style set forth herein i.e. Venetian) and City shall have the right
to control development of the Site in accordance with the provisions of this
Agreement.
b) The density and intensity of use, the uses allowed, the size of proposed
buildings, provisions for the reservation or dedication of land for public
purposes, the maximum height of proposed buildings, the Venetian
architectural style, and location of public improvements, together with other
terms and conditions of development applicable to the Site, shall be as set forth
in this Development Agreement and the Specifications and the conditions
contained in the attached Exhibit "B and C"
10. Effect of City Regulations on Development of Project. Except as expressly provided in
this Development Agreement, all substantive and procedural requirements and
provisions contained in City's ordinances, specific plans, rules and regulations,
including, but not limited to, the Zoning Ordinance, in effect as of the effective date of this
Development Agreement, shall apply to the construction and development of the Site.
a) The provisions of this paragraph shall not preclude the application to the development
of the Site those changes in City Ordinances, regulations, plans or specifications which
are specifically mandated and required by changes in state or federal laws or
regulations as provided in California Government Code Section 65269.5 or any
successor provision or provisions.
b) The payment of fees associated with the construction of the Project, including land use
approvals, development fees, building permits, etc., shall be pursuant to those fees in
effect at the time application is made for such approvals or permits.
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Piazza Development Agreement No. 05 -1
Page 5
c) City may apply any and all new ordinances, rules, regulations, plans and specifications
to the development of the Site after the effective date provided such new rules and
regulations do not conflict with the terms of this Development Agreement as of the
effective date,
d) Nothing herein shall prevent the application of health and safety regulations (i.e„ fire,
building, seismic, plumbing and electric codes) that become applicable to the City as a
whole.
11. Permitted Uses. Those uses allowed on the Site shall be only those uses described above in
Section B.1 .d herein and those listed in Condition 1 of Exhibit "B" attached hereto.
12. Annual Review. During the term of this Development Agreement, City shall annually review
the extent of good faith compliance by Developer with the terms of this Development
Agreement in conformance with Califomia Government Code Section 65265.
13. Indemnification. Developer agrees to, and shall, hold City and its elected officials; officers,
agents and employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from the direct or
indirect operations of Developer or those of his contractor, subcontractor, agent, employee or
other person acting on his behalf which relate to the construction and operation of the Project.
Developer agrees to, and shall, defend City and its elected officials, officers, agents and
employees with respect to actions for damages caused or alleged to have been caused by
reason of Developer's activities in connection with the project. This hold harmless provision
applies to all damages and claims for damage suffered or alleged to have been suffered by
reason of the operations referred to in this Development Agreement regardless of whether or
not the City prepared, supplied or approved the plans, specifications or other documents for
the Project. This hold harmless and indemnity agreement applies to all damages and claims
for damages suffered or alleged to have been suffered by reasons of the operations or
development of the Project authorized hereby, regardless of whether or not the City
prepared, supplied, cooperated with, or approved the plans, specifications or other
documents relating to the project. In connection with such indemnity, This hold harmless and
indemnity also applies to any and all claims and damages relating to the OPA executed on
Aug. 23� , 2005 (and the indemnity clause therein), and shall specifically apply to any
relocation or other costs relating to such OPA or to the eminent domain action set forth
therein.
Developer recognizes the rights and privileges of the voters of the City to exercise litigation,
taxpayers suits, initiative, referendum, and recall. Developer waives any liability and damage,
holding the city harmless therefrom, for any such voter action, and assumes the risk of such
voter actions. This indemnity and hold harmless also applies to all of the proceedings,
procedures and decisions relating to the consummation of this Development Agreement,
including inter alia all CEQA procedures, all rezoning procedures and all Development
Agreement Procedures — all of which Developer agrees to indemnify City and CRA including
officers and employees) for the legal expenses and attorney fees as well as any damages
incurred.
Piazza Development Agreement No. 05 -1
Page 6
In addition to the foregoing, the Developer shall defend, indemnify and hold harmless 1) the
City of Temple City, its officers, employees and agents; and 2) the Temple City CRA, its
officers and employees from:
a) any claim, action or proceeding filed in any court or other tribunal by any 3rd party
relating to or attacking the validity of, or to set aside or to void or annul this Project or the
approval thereof, or to invalidate any term or condition relating thereto, for any reason
whatsoever.
b) The City /CRA shall promptly notify the Developer of any such claim, action or
proceeding, and shall cooperate with the Developer in its defense of such matter or
matters.
c) The City /CRA reserves the right, at its sole option, to defend itself by choosing its own
attorney to defend itself, and, if it does so, the Developer shall indemnify the City /CRA
for the costs and attorney fees thereof by depositing with the City /CRA adequate funds
for such costs and fees within 10 days of being requested for such amounts. Failure to
perform any provision of this indemnity shall be deemed to be a breach of this
Agreement.
14. Amendment of Development Agreement;
a) Procedure. Except as set forth in this section 14 below, the procedure for proposing
and adopting an amendment to this Agreement shall be the same as the procedure for
entering into this Agreement in the first instance.
b) Consent. Except as expressly provided in this Agreement, any amendment to
this Agreement shall require the written consent of both parties. No amendment
to all or any provision of this Agreement shall be effective unless set forth in
writing and signed by duly authorized representatives of each of the parties.
c) Operating Memoranda. The parties acknowledge that refinements and further
development of the Project may demonstrate that changes are appropriate with
respect to the details and performance of the parties under this Agreement. The
parties desire to retain a certain degree of flexibility with respect to the details of
the Project Development and with respect to those items covered in the general
terms under this Agreement. If and when the parties mutually find that changes,
adjustments, or clarifications are appropriate to further the intended purposes of
this Agreement, they may, unless otherwise required by law, effectuate such
changes, adjustments, or clarifications without amendment to this Agreement as
specified in the Project Approvals or through operating memoranda mutually
approved by the parties, which, after execution, shall be attached hereto as
addenda and become a part hereof, with further approval by City Manager on
behalf of the CITY and by Randy Wang on behalf of the OWNER. Any such
changes, adjustments, or clarifications shall in no way violate the intent of any
of the standards or conditions of the Development Agreement. Where the City
Manager determines that an alteration of such intent would occur as the result
of any proposed change, adjustment or clarification, a formal modification, .
through the public hearing process, of this Agreement shall be required. Unless
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Piazza Development Agreement No. 05 -1
Page 7
otherwise required by law or by the project Approvals, no such changes,
adjustments, or clarifications shall require prior notice or hearing.
15. Enforcement, In the event of a default under the provisions of this Agreement by
Developer, including the non - conformance of any condition of development or
operational factor, the City shall give written notice to Developer (or its successor) by
registered or certified mail addressed at the address stated in this Agreement, and if
such violation is not corrected to the reasonable satisfaction of City within thirty (30)
days after such notice is given, or if not corrected within such reasonable time as
may be required to cure the breach or default if said breach or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default must be
commenced within said thirty (30) days and must thereafter be diligently pursued by
Developer), then City may, without further notice, declare a default under this
Agreement and, upon any such declaration of default, City may bring any action
necessary to specifically enforce the obligations of Developer growing out of the
operation of this Development Agreement, apply to any court, state or federal, for
injunctive relief against any violation by Developer of any provision of this
Agreement, or apply for such other relief as may be appropriate.
16. Event of Default. Developer is in default under this Agreement upon the happening
of one or more of the following events or conditions:
a) Developer shall complete the construction of the Project within 48 months from
the date of August 23rd, 2005. Failure to do so except for force majeure shall
constitute a conclusive proof of breach, and the following remedies are
available to the City;
b) If a material warranty, representation or statement is made or furnished by
Developer to City and is false or proved to have been false in any material
respect when it was made;
c) If a finding and determination is made by City following an annual review
pursuant to paragraph 12 hereinabove, upon the basis of substantial evidence,
that Developer has not complied in good faith with any material terms and
conditions of this Agreement, after notice and opportunity to cure as described
in paragraph 14 hereinabove; or A breach by Developer of any of the provisions
or terms of this Agreement, after notice and opportunity to cure as provided in
paragraph 13 hereinabove;
d) As is provided in Section II1B2 of the OPA dated August 23rd, 2005, should for
any reason Developer not complete the project in the time set forth in said OPA,
then the City (in lieu of a mortgage or deed of trust) shall have a vested and
recorded future interest in the property and have the right and option to
purchase the same in its then condition for the total sum of $5 million dollars
17. No Waiver of Remedies. City does not waive any claim of defect in performance by
Developer if on periodic review City does not enforce this Agreement.
Nonperformance by Developer shall not be excused because performance by
Piazza Development Agreement No. 05 -1
Page 8
Developer of the obligations herein contained would be unprofitable, difficult or
expensive or because of a failure of any third party or entity, other than City. All other
remedies at law or in equity that are not otherwise provided for in this Agreement are
available to the parties to pursue in the event that there is a breach of this
Development Agreement. No waiver by City of any breach or default under this
Development Agreement shall be deemed to be a waiver of any other subsequent
breach thereof or default hereunder.
18. Rights of Lenders Under this Agreement. Should Developer place or cause to be
placed any encumbrance or lien on the Project, or any part thereof, the beneficiary
( "Lender ") of said encumbrance or lien shall have the right at any time during the
term of this Agreement and the existence of said encumbrance or lien to:
a) Do any act or thing required of Developer under this Agreement, and any such
act or thing done or performed by Lender shall be as effective as if done by
Developer;
b) Realize on the security afforded by the encumbrance or lien by exercising
foreclosure proceedings or power of sale or other remedy afforded in law or in
equity or by the security document evidencing the encumbrance or lien
(hereinafter referred to as "a trust deed ");
c) Transfer, convey or assign the title of Developer to the Project to any purchaser
at any foreclosure sale, whether the foreclosure sale be conducted pursuant to
court order or pursuant to a power of sale contained in a trust deed; and
d) Acquire and succeed to the interest of Developer by virtue of any foreclosure
sale, whether the foreclosure sale be conducted pursuant to a court order or
pursuant to a power of sale contained in a trust deed.
19. Notice to Lender. City shall give written notice of any default or breach under this
Agreement by Developer to Lender (if known by City) and afford Lender the
opportunity after service of the notice to:
a) Cure the breach or default within thirty (30) days after service of said notice,
where the default can be cured by the payment of money;
b) Cure the breach or default within thirty (30) days after service of said notice
where the breach or default can be cured by something other than the payment
of money and can be cured within that time; or
c) Cure the breach or default in such reasonable time as may be required where
something other than payment of money is required to cure the breach or
default and cannot be performed within thirty (30) days after said notice,
provided that acts to cure the breach or default are commenced within a thirty
(30) day period after service of said notice of default on Lender by City and
are thereafter diligently continued by Lender.
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Piazza Development Agreement No. 05 -1
Page 9
20. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender
may forestall any action by City for a breach or default under the terms of this
Agreement by Developer by commencing proceedings to foreclose its encumbrance
or lien on the Project. The proceedings so commenced may be for foreclosure of the
encumbrance by order of court or for foreclosure of the encumbrance under a power
of sale contained in the instrument creating the encumbrance or lien. The
proceedings shall not, however, forestall any such action by the City for the default
or breach by Developer unless:
a) They are commenced within thirty (30) days after service on Developer of the
notice described hereinabove;
b) They are, after having been commenced, diligently pursued in the manner
required by law to completion; and Lender keeps and performs all of the terms,
covenants and conditions of this Agreement requiring the payment or
expenditure of money by Developer until the foreclosure proceedings are
complete or are discharged by redemption, satisfaction or payment.
21. Notice. Any notice required to be given by the terms of this Agreement shall be
provided by certified mail, return receipt requested, at the address of the respective
parties as specified below or at any other such address as may be later specified
by the parties hereto:
To Developer 113 W. Main St., Ste. 268
Alhambra, CA 91801
with copy to:
City of Temple City
Attention: City Manager
9701 Las Tunas Drive
Temple City, CA 91780
cc: City Attorney
22. Attorneys Fees. In any proceedings arising from the enforcement of this
Development Agreement or because of an alleged breach or default hereunder, the
prevailing parry shall be entitled to recover its costs and reasonable attorneys' fees
incurred during the proceeding as may be fixed within the discretion of the court.
23. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall
inure to, the respective parties hereto and their legal representatives, executors,
administrators, successors and assigns, wherever the context requires or admits.
24. Applicable Law. This Agreement shall be construed in accordance with and governed
by the laws of the State of California.
25. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid,
illegal or unenforceable, the validity, legality or enforceability of the remaining
provisions hereof shall not in any way be affected or impaired thereby.
Piazza Development Agreement No. 05 -1
Page 10
26. Recordation, This Agreement (or a memorandum hereof in form satisfactory to the
City Attorney) shall, at the expense of Developer, be recorded in the Official Records
of the County Recorder of the County of Orange within sixty (60) calendar days
following the Effective Date. In the event this Agreement is not executed by all parties
and recorded as of the date specified herein, this Agreement shall be null and void.
27. Estoppel Certificates. Either party may at any time deliver written notice to the other
party requesting an estoppel certificate (the "Estoppel Certificate ") stating:
a) The Agreement is in full force and effect and is a binding obligation of the
parties.
b) The Agreement has not been amended or modified either orally or in writing or,
if so amended, identifying the amendments.
c) No default in the performance of the requesting party's obligations under the
Agreement exists, or, if a default does exist, the nature and amount of any
default. A party receiving a request for an Estoppel Certificate shall provide a
signed certificate to the requesting party within thirty (30) days after receipt of the
request. The City Manager or any person designated by the City Manager may
sign the Estoppel Certificates on behalf of the City. Any officer of Developer
may sign on behalf of Developer: An Estoppel Certificate may be relied on by
assignees and mortgagees.
d) In the event that one party requests an Estoppel Certificate from the other, the
requesting party shall reimburse the other party for all reasonable and direct
costs and fees incurred by such party with respect thereto.
28. Matters incorporated by reference: The following documents are hereby incorporated
by reference and made a part of this Agreement as though hereinafter set forth in full,
and each and every provision thereof shall be fully enforceable by the City against the
Developer as though hereinafter set forth in full:
a) The Owner Participation Agreement by and between the parties dated August
23rd, 2005 which shall be deemed to remain in effect except to the extent
specifically negated by this Agreement.
b) Resolution No. 06- 2169PC of the Planning Commission dated March 28th, 2006,
except to the extent specifically amended by this Agreement
c) Ordinance No. 06 -904 of the City Council dated May 16, 2006.
d) Ordinance No. 06 -905 of the City Council dated May 16, 2006
In the event any or all of said incorporations is declared invalid by a court of competent
Jurisdiction, it is the intent of the parties that this Development Agreement shall be
come the zoning applicable to such property by virtue of the Agreement alone, and said
property may be developed only as set forth herein.
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Piazza Development Agreement No. 05 -1
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29. As provided by the Development Agreement provisions of the Government Code, this
Agreement is subject to an annual review to determine compliance, and is subject to
revocation for default, and is subject to referendum.
30. The parties recognize that there are two or more prospective challenges to this
Development Agreement, as follows:
a) There is controversy over who owns the northerly 20 feet of the vacated Elm street,
and that both the Developer and adjoining residents claim title thereto. This
Development Agreement is based upon the title reports showing ownership of such
by the Developer Should that prove in the future not to be the case, then the 20 foot
greenbelt set forth in the Development Agreement shall cease to be an obligation of
the Developer.
b) There is controversy about the treatment of Sultana as to whether it should be
widened as set forth in the Development Agreement or whether it should be cul -de-
sacked northerly of Las Tunas Drive. After construction of the Project, the City will
monitor the traffic patterns on Sultana, and take appropriate action to maintain traffic
counts at a level no greater than the levels that existed with the prior usage of the
site.
31. The City Council finds and determines that this Ordinance and re- zoning is consistent
with the adopted General Plan of the City as specifically set forth in Resolution NO. 00-
3969 on November 7, 2000.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year dated below.
Dated:
Dated:
, 2006 "CITY"
THE CITY OF TEMPLE CITY, a municipal
corporation, and the Community Redevelopment
Agency, a ublic entity
By:
, 2006 ATTEST:
By:
Piazza Development Agreement No. 05 -1
Page 12
I- 2006 APP'!. D AS TO FORM:.
And
Agency
Counsel
, City Attorney
Dated: Tine_ 19 , 2006 "DEVELOPER"
Randy Wang, TCD Enterprises Inc.
aka TCD Enterprises & dba Temple City Galleria
State of California
County of
By:
By:
Its \Jj" Cam_
Its
ACKNOWLEDGEMENT
On before me,
personally appeared,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me
that he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
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P A R T I C I P A N T P A R C E L ' .
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D e v e l o p m e n t A g r e e m e n t N o , 0 5 - 1 2 0 P i a z z a L a s T u n a s
D r a f t E x h i b i t B
Exhibit "A"
ZIAWKINS' PARCEL
1
Piazza Las Tunas 21
Development Agreement No. 05- I
Draft Exhibit B
1
Exhibit "A -1" (Participant Parcel, Page 1 of 3)
PARTICIPANT PARCEL
PARCEL 1:
The South 15 :feet ofLot 2 and all of Lots 3 and 4 of Tract 11213, in the City of Temple City, County
of Los Angeles, State of California, as per map recorded in Book 225, Pages 46 and 47 of Maps, in
the Office of the County Recorder of said County.
Together with the Northerly half of the 20 foot alley, va.cated by City of Temple City Ordinance
Number 83 -2198, a certified copy of which was recorded. October 21, 1983, as Instrument No.
1246798, adjoining said land on the South, lying Westerly of the Southeasterly prolongation of the
Easterly line of. Lot 4, and Easterly of the Southerly prolongation of the Westerly line of Lot 4,
PARCEL 2:
Lots 5 and 6 of Tract 11213, in the City of Temple City, County of Los Angeles, State of California,
as per map recorded in Book 225, Pages 46 and 47 of Maps, in the Office of the County Recorder of
said County,
Together with that portion of Elm Avenue, vacated by City of Temple City Ordinance Number 82-
2076, a certified copy of which recorded February 21, 1984 as Instrument No. 84- 214066, adjoining
midland on the North, lying Westerly of the Northwesterly prolongation of the Easterly line ofLot
6, and Easterly of the Northerly prolongation of the Westerly line ofLot 5, excepting therefrom, any
portion thereof lying within Iviyda Avenue as described in said Ordinance,
Also together with the Northerly half of the 20 foot alley, vacated by City of Temple City Ordinance
Number 83-2198, a certified copy of which was recorded. October 21, 1983 as hwtrutnent No. 83-
1246798, adjoining said land on the South., lying Westerly of the Southeasterly prolongation of the
Easterly line of Lot 6; and Easterly of the Southeasterly prolongation of the Westerly line of Lot 5,
PARCEL 3:
Lot 8 of Tract 11213, in the City of Temple City, County of Los Angeles, State of California, as per
map recorded. in Book 225, pages 46 and 47 of Maps, in the Office of the County Recorder .of. said
County,
Together with that portion. of Elm Avenue, vacated by City of. Ternpl.e City Ordinance Number 82-
-2076, a certified .copy of whicb..was recorded February 21, 1984 as Instrument No 84- 214066,
adjoining said land on the North, .lying Westerly of the Northwesterly prolongation of the Easterly
Line of Lot 8, and Easterly of the Northwesterly prolongation. of the Westerly line of Lot 8,
Development Agreement No. 05- I 22
Draft Exhibit B
Piazza Las Tunas
(Participant Parcel, Page 2 of 3)
Also together wl.th, that portion of the Northerly half of the 20 foot alley, vacated by City of Temple
City Ordinance No. 83 -2198, a certified copy of which was recorded October 21, 1983 as Instrument
No. 83- 1246798, adjoining said. land on the South, lying Westerly of the Southeasterly prolongation
of the Easterly .line of. Lot 8, and. Easterly of. the Southeasterly prolongation of the Westerly line of
Lot 8.
PARCEL 4
Lots 11 through 20 inclusive of Tract 11213, in the City of Temple City, County of .Los Angeles,
State of California, as per Map recorded iit Book 225, Pages 46 and 47 of Maps, in the Office of the
County Recorder of said County,
Lots 11 through 20 inclusive of Tract 11213, in the City of Temple City, County of Los Angeles,
State of California, as per Map recorded in Book 225, Pages 46 and 47 of Maps, in file Office of the
County Recorder of said. County.
Together with that portion of the Southerly half of the 20 foot alley, vacated by City of Temple City
Ordinance Number 82-2198, acertifed copy of which was recorded. October 21, 1983 os Instrument
No. 83- 1246798, adjoining said land on the North, lying Westerly of the Northerly prolongation of
the Easterly line ofLot 11, and Easterly ofthe Northerly prolongation of the Westerly lin.e of Lot 20.
PARCEL 5:
Lot 7 of Tract 11213, In the City of Temple City, County ofLos Angeles, State of California, as per
Map recorded in Book 225, Pages 46 and 47 of Maps, in the Office of the County Recorder of said
County.
Together with that portion of Elm Avenue, vacated. by Tettaple City Ordinance Number 82 -2076, a
certified copy of which was recorded February 21,1984 as instrument No. 84- 214066, adjoining said
land on the North, lying' Westerly of the Northwesterly prolongation of the Easterly line of Lot 7, and
Easterly of the Northwesterly prolongation of the Westerly line of Lot 7.
Also together with that portion ofthe Northerly half of the 20 foot alley, vacated by City of Temple
City Ordinance No. 83 -2198, a certified copy of which was recorded on October. 21, 1982 as
Instrument No. 83- 124678, adjoining said land on the South lying Westerly of the Southeasterly
prolongation of the Easterly line of Lot 7, and Easterly of the Southeasterly prolongation of the
Westerly line of Lot 7.
PARCEL.6:
Lot 9 of Tract 11213, in. the City of Temple City, County of Los Angeles, State of California, as per
Map recorded in Book 225, Pages 46 and 47 of Maps, in the Office of the County Recorder of said
County,
Rcf#: 7007 v
e -3
Piazza Las Tunas
23
Development Agreement No. 05 -1
Draft Exhibit B
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(Participant Parcel, Page 3 of 3)
Together with that portion of Elm Avenue, vacated by City of Temple City Ordinance Number 82-
2076, a certified copy of which was recorded. February 21, 1984 as Instrument No 84- 214066,
adjoining said land an the North, lying Westerly of tho Northwesterly prolongation of the Easterly
line of Lot 9, and Easterly of the Northwesterly prolongation of the Westerly line of Lot 9.
Also together with that portion of the Northerly half of the 20 foot alley, vacated by City of Temple
City Ordinance No. 83- 2198, a certified copy of which was recorded October 21, 1983 as Instrument
No. 83- 1246798, adjoining said. land on the South, lying Westerly ofthe Southeasterly prolongation
of the Easterly line of Lot 9, and Easterly of the Southeasterly prolongation of the Westerly line of
Lot 9.
PARCEL 7:
Lot 10 of lract 11213, in the City of Temple City, County of Los Angeles, State of California, as per
Map recorded in Book 225, Pages 46 and 47 of Maps, in the Office of the County Recorder of said
County.
Together with. that portion of Elm Avenue, vacated by City of Temple City Ordinance Number 82-
2076, a certified. copy of which, was recorded February 21, 1984 as instrument No. 84- 214066,
adjoining said land on the North, lying Westerly of the Northerly prolongation of the Easterly line of
Lot 10, and Easterly of the Northwesterly line prolongation of the Westerly line of Lot 10.
Also together with that portion of the Northerly half of the 20 foot alley, vacated by City of Temple
City Ordinance No. 83 -2198, a certified copy of which was recorded October 21, 1983 as Instrument
No. 83- 1246798, adjoining said .land on the South, lying Westerly ofthe Southerly prolongation of
the Easterly line of Lot 10, and Easterly of the Southeasterly line prolottgatio. , of the Westerly line
of Lot 10.
Development Agreement No. 05- I 24 Piazza Las Tunas
Draft Exhibit B
Exhibit "A -1"
HAWKINS PARCEL
Lots 1 and 2, Txnct .11213 as per Map recorded in Book 225, Pages 46 and 47 ofMaps, in the Office
of the County Recorder of said County.
Except therefrom the Southerly 15 feet of Lot 1
Together with that portion of Elm Avenge which was abandoned by Resolutioi .Number S2 -2076,
which lies 'West of the Ndrtthwesterly prolongation of the Easterly line of said Lot 1, as shown in the
Document recorded February 21, 1984 as instrument No, 84- 214066 in the Office of the County
Recorder of Los Angeles County.
Piazza Las Tunas 25 Development Agreement No. 05 -1
Draft Exhibit B
1
1
Exhibit B of Development Agreement No. 05 -1
Ordinance No.06 -905
I. Authority
Exhibit B is an attachment to Development Agreement No. 05 -1,
Ordinance No.06 -905 and consists of narrative and plans for the
project, Piazza Las Tunas. The Development Agreement defines what is
authorized to be built. This exhibit is a regulatory document and
supersedes the zoning regulation for the property and defines
development standards not detailed in the City of Temple City Zoning
Code (Title 9 of the Municipal Code).
The Development Agreement supersedes all provisions, standards, and
requirements of the Zoning Code, except in those instances where the
Exhibit B Development Standards remain silent. In instances where
these development standards do not address specific issues or other
relevant considerations, then the Zoning Code shall apply. If a
conflict arises between the regulations contained in this Exhibit and
the Zoning Code, then the conditions and standards contained in this
Exhibit shall take precedence.
Ordinance No.06 -905 adopts the Development Agreement with its
accompanying Exhibit B and consists of conditions of approval that
must be adhered to.
II. Site and Project Description
A, Location:
The project is located at the northeast corner of Las Tunas and
Rosemead Boulevard. The project site, covering an approximate 3.7
acres (159,521 square feet), is located at 9021 Las Tunas Drive and
5770 Rosemead Boulevard in Temple City. The east side of the project
site is bordered by Sultana Avenue and the north side is bordered by a
short extension of Elm Avenue east from Rosemead and by residential
uses. The west side of the project site is bordered by Rosemead
Boulevard. Figure 1 illustrates the project location.
B. Existing Uses:
The existing uses on the project site are a vacant cinema complex and
barber shop, and an office building. The Edwards Movie Theater
building is approximately 20,090 square feet and is on the corner of
Las Tunas Drive and Rosemead Boulevard. The office building (Hawkins
building) encompasses approximately 6,950 square feet, with the
building facing Rosemead Boulevard.
C. Project:
The project is a mix of high - density residential condominium
development, retail, restaurant, and service uses. The non-
residential uses are located at the street level to create a
pedestrian - oriented retail environment. The development approach
1
Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
provides new housing opportunities, such as residential over retail,
which are proximate to commercial services and promote pedestrian
activity. The project will revitalize the deteriorating commercial
corner by integrating commercial and residential uses into the
commercial fabric of Las Tunas Drive to create an active, pedestrian -
oriented street life and enhance the vitality of businesses at the
western portion of Las Tunas Drive in Temple City. The development is
also a key commercial node at the western entrance to the City.
The project requires a zoning overlay, Mixed Use Zoning (MUZ), be
added to the C -2 (General Commercial) designation. The MUZ calls for
a Development Agreement is to be entered into between the City and the
applicant and requires City Council approval. The Development
Agreement sets forth the specifications of the development and details
standards for how the site can be used.
2
1
Exhibit B of Development Agreement No. 05-1 Ordinance No.
L=ast San Gabriel
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IFeet
1,000
2
Figure
Regional Location
Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
D. Characteristics:
The project will contain a maximum of 124,600 square feet of leasable
space, including retail, specialty retail, restaurants, and banquet
hall, up to 52 residential units, and a parking structure containing a
total of 786 spaces, with 653 commercial spaces, 133 residential
spaces, and loading /delivery space. The residential units are to be
one - bedroom with an average square footage of 938 and a maximum square
footage for any unit of 1,096 square feet. Figure 2 illustrates the
project site plan. Table 1 lists the project characteristics.
Table 1
Project Characteristics - Piazza Las Tunas
� ��
Proposed 'tJse�
�����x�
area /Dens it
� .,...�a�:•� Y =�
P rka�
� `� � �4� � -� �
ac As
Spaces��
Commercial
Commercial
Retail Area
97,600 sf
Required Parking
499
Restaurant Area
19,000 sf
(124,600 sf /250)
Banqueting Hall Area
8,000 sf
Parking Provided in
653
Total Lease Area
124,600 sf
Structure
7 levels
1st Floor Area
64,900 sf
2nd Floor Area
51,700 sf
3rd Floor Area
8,000 sf
Residential
Residential
One-Bedroom Units
up to 52 du
Required Parking
145
(2.5 spaces per
unit)
Average Unit Size
938 sf
Provided Parking
133
Subterranean
level(s)
12
Guest spaces
in structure
sf =gross square feet
du= dwelling units
The project consists of 8 buildings containing commercial uses,
parking structure, a subterranean structure, and condominium units
over Buildings 1, 4, and 8. The buildings are connected by pedestrian
walkways and bridges with a circular grouping of Buildings 1, 2, 3 and
4 surrounding Building 5. Buildings 6, 7 and 8 occupy approximately a
quarter of the site area and are located towards the southeast corner.
The parking structure occupies approximately a quarter of the site
area and is located in the northeast corner of the site. The
development provides one subterranean level accessed by a driveway
from Elm Street east of Rosemead Blvd. Pedestrian entrances occur
from Las Tunas Drive, Rosemead Boulevard, and the parking structure.
Table 2 provides a breakdown of square footage by use per building.
Figures 3, 4, and 5 illustrate the second, third and fourth story
floor plans.
4
1
1
Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
The following describes each building and related features:
Building 1 located at the north east corner of the project site at Elm
Ave and Rosemead Blvd contains 15,000 square feet of retail uses on
the ground, 17,000 square feet of retail use on the second floor, and
residential use on the 3rd and 4th floor containing one - bedroom units
occupying approximately 21,400 square feet total. See Figures 2, 3,
4, and 5.
Building 2 located at the south east corner of the project site at Las
Tunas Dr and Rosemead Blvd contains a 5,300 square -foot restaurant and
4,900 square -foot food court area on the ground floor and a 9,500
square -foot area for restaurant uses on the second floor. See Figures
2 and 3.
5
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Table 2
Use and Square Footage By Building
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Retail
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Residential -
17,0
15,000
3rd Floor
18 du
00
6,400
4th Floor
32,000
approx
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let Floor
Food Court
Restaurant
4,900
5,300
Restaurant
9,500
2nd Floor
19,700
Building
3
Food Court
6,800
let Floor
Specialty
6,800
2nd Floor
Retail
**
3rd Floor
Portion of
Banquet
Facility
13,600
Building
4
Specialty
3,400
let Floor
Retail
1,100
Trash Area
3,400
2nd Floor
Specialty
1,100
Retail
5,000
Public
Restroom
Management
Office
14,000
Building
5
Restaurant
4,200
1st Floor
Specialty
3,900
2nd Floor
Retail
8,100
Building
6
Specialty
4,000
1st Floor
Retail
4,000
Building
•
7
Specialty
6,100
1st Floor
Retail
6,100
2nd Floor
Specialty
**
3rd Floor
Retail
Portion of
Banquet
Facility
12,200
Building
8
Specialty
15,200
1st Floor
Retail
15,000
2nd Floor
Residential -
15,000
3rd Floor
11 du
15,000
4th Floor
Residential -
12 du
Residential -
11 du
15,200
32,0
TOTALS
65,600
19,000
8 00
116,600
8,000
66,400
2,200
sf =gross square feet
du= dwelling unfits
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1
1
Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
Building 3 located at the southern middle area of the project site
facing Las Tunas Dr contains a 6,800 square -foot food court area on
the ground floor with a 6,800 square -foot area for specialty retail
use on the second floor. A portion of the roof area is occupied by a
portion of the banqueting facility that mainly comprises the third
floor of Building 7. See Figures 2, 3, and 4.
Building 4 located in middle of the project site adjacent to Building
1 contains 3,400 square feet of retail use and an 1,100 square -foot
trash area on the ground floor and 3,400 square feet of specialty
retail use, an 1,100 square -foot area for public restrooms, and 5,000
square feet for the management office on the second floor. A portion
of the roof area is occupied by the condominium units located on the
third and fourth floor of Building 1. See Figures 2, 3, 4, and 5.
Building 5 located in middle of the project site surrounded by
Buildings 1, 2, 3, and 4 contains 4,200 square feet for
restaurant /cafe use on the ground floor and 3,900 square feet for
retail use on the second floor. A canopy rises from the roof of
Building 5 and extends up to 60 feet. This canopy will provide shade
and weather protection from the open pedestrian areas and food court
sitting areas surrounding Building 5 on the ground floor. See
Figures 2 and 3.
Building 6 located directly south of the Parking Structure contains
4,000 square feet of specialty retail use on the ground floor. It is
the only one -story structure on the project site. See Figure 2.
Building 7 located at the southern middle area of the project site
facing Las Tunas Dr contains 6,100 square feet of specialty retail
uses on the ground floor and 6,100 square feet of specialty retail use
on the second floor, with an 8,000 square -foot Banqueting Facility
located on the third floor. Portions of the facility stretch across
the pedestrian space between Building 4 and Building 7 and are located
on a portion of Building 4. See Figures 2, 3, and 4.
Building 8 located at the south east corner of the project site at
Sultana Ave and Las Tunas Drive contains 15,200 square feet of
specialty retail use on the ground floor and residential use on the
2nd, 3rd, and 4`h floors containing one- bedroom units occupying
approximately 45,000 square feet total. See Figures 2, 3, 4, and 5.
Additional Structures:
Two 45 -foot free - standing towers are proposed at the two major
pedestrian entries into the project from Las Tunas Dr and Rosemead
Blvd. See Figure 2.
Structure Height:
Structures are not to exceed 45 feet in height except for
architectural features including a canopy over the Food Court area not
to exceed 60 feet. See Figures 6 and 8. ,
13
Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
Electronic Billboards:
Two electronic billboards advertising commercial uses and providing
community messages are located on the exterior frontage of Building 2
that faces the corner of Las Tunas Dr and Rosemead Blvd and on the
freestanding tower located at the pedestrian entrance off of Rosemead
Blvd.
Aesthetics = Architectural Motif and Quality:
The overall design of the project is eclectic Mediterranean with
components of contemporary and classic architecture. Building style
and building facades in particular shall be as shown in Figures 6, 7a,
and 7b. The buildings, in particular the residential units, are to
reflect the Italian Renaissance architectural style. Elements such as
fenestration /window treatments, balconies, pediments supported by
columns, arched entries, and towers with tall pyramidal pitched roofs
evoke this classic architectural style and are reminiscent of the
'classic architecture seen in Venice, Italy. Materials will be high
quality and contain primarily ' stucco, with brick
14
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Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
accents, and some veneer. Colors will be a maximum of 3 earth tone
colors and white. The project will be constructed to the high - quality
design shown in renderings and plans.
Water Features:
Two water features are located on the ground level of the project.
One is located immediately north of the tower at the pedestrian
entrance facing Las Tunas Dr. A second is located in the interior of
the project situated between Buildings 3 and 4.
D. Parking and Access:
A parking structure is located on the northeasterly portion of the
project site. The seven level parking structure consists of five
levels above grade (including a roof level) and two levels below
grade, with a maximum structure height up to 45 feet above existing
grade. See Figure 8. The subterranean level is located directly
below the parking structure and under some of the buildings. Parking
spaces will be a minimum of 8 feet 9 inches by 18 feet, with aisles of
25 feet. Figure 9 illustrates the subterranean floor plan. A maximum
total of 653 parking spaces are planned within the parking structure.
The parking structure has a footprint area of 31,434 square feet.
Figure 10 illustrates the floor plans for each parking level. The
structure will be approximately 42 feet high and will be set back from
the residential units on the north by a 20 -foot planting area
containing trees and landscaping. See Figure 2. Treatment of the
north wall of the structure will be in accord with the mitigation
measure identified in the Mitigated Negative Declaration (Attachment
A). Access to and egress from the structure is via Elm Avenue and
Sultana Avenue for both the retail and residential uses. The
structure shall be lighted to the satisfaction of the City of Temple
City, Los Angeles County Fire Department and Los Angeles County
Sheriff's Department
Access to parking is via Elm Avenue (from Rosemead Boulevard) and via
Sultana Avenue. Elm Avenue also provides access to the residential
subterranean parking garage driveway. The Elm Avenue at Rosemead
Boulevard and the Sultana Avenue driveway offers full inbound access
but limits egress to right -turns only. Physical barriers, paint and
signage is provided to ensure these ingress and egress controls. The
existing driveways along Las Tunas Drive and Rosemead Boulevard will
be eliminated as part of this project. A brief description of the
project access follows.
Rosemead /Elm Access
Elm Avenue provides access to the parking structure, delivery truck
loading area and the subterranean residential parking. Elm Avenue is
to be striped to provide one inbound lane and one outbound lane.
Approximately 60 feet east of Rosemead Boulevard a second inbound lane
will provide access for residents to the garage and to the
delivery /trash area.
18
1
1
1
Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
The driveway to the subterranean residential parking is located
approximately 125 east of Rosemead Boulevard, on the south side of Elm
Avenue, west of the parking structure driveway. Immediately east of
and adjacent to this driveway is the entrance to the truck loading
area.
The parking structure west entrance is located approximately 225 feet
east of Rosemead Boulevard, in the northwest quadrant of the project
site. The entrance driveway has a width of 25 feet and offers one
inbound lane and one outbound lane.
Sultana Avenue Access
The east entrance to the parking structure is located approximately
140 feet north of Las Tunas Drive, on the northeast corner of the
project site. The northbound approach on Sultana Avenue provides a
left -turn lane (into the parking structure) and one through lane. A
raised `pork -chop' type median (island) is provided at the Sultana
Avenue entrance to ensure a right -turn only exit movement from the
parking structure.
19
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1
Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
E. Sultana Avenue Improvements:
The project will dedicate approximately a 10 -foot width f.or 140 feet
along the west side of Sultana Avenue to provide an exclusive right -
turn lane from the parking structure exit to Las Tunas Drive. The
intersection of Sultana Avenue and Las Tunas Drive includes in the
southbound lane, a shared through /left -turn lane and an exclusive
right -turn south -bound lane. The other legs of the intersection will
remain unchanged. These improvements are conceptually shown in Figure
2.
F. Hours of Operation:
Commercial uses in the project may be open to the public between
4:OOam until 2:OOam daily.
G. Mitigation Measures from MND:
All mitigation measures specified in the Mitigated Negative
Declaration adopted by the City Council are incorporated by reference
in this exhibit and are a part of this Development Agreement.
III. Project Development Standards
The following details specific development standards for the project.
A. Lot Size, Lot Coverage, and Total Building Square Footage
The total lot size area is 159,521 square feet. A dedication for .
roadway improvements on Sultana Avenue occupies 1,343 square feet and
the net lot area therefore is 158,178 square feet.
Total building square footage shall occupy 124,600 square feet. The
parking structure shall occupy 31,434 square feet. The project shall
cover approximately 147,634 square feet by building and /or parking
structure area. Lot coverage shall be approximately 93 %.
B. Intensity, Density, and Unit Sizes
All commercial units shall have a minimum 800 square feet of gross
floor area. The maximum number of commercial units shall be 40
individual retail stores or commercial units. The maximum number of
sit -down, formal dining restaurants shall be 5. The maximum number of
food vendors in the food court shall be 15 separate venders. At least
one major anchor tenant with a minimum 31,000 square feet of gross
floor area shall occupy the commercial area of the project. Or,
alternatively, two major retail anchors, each with a minimum 15,500
square feet of gross floor area shall occupy the commercial area of
the project.
The project contains a maximum of 52 one - bedroom condominium units
ranging in size from 763 square feet to 1096 square feet. Average
dwelling unit size is 938 square feet. The density is approximately
16 dwelling units to the acre.
23
Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
C. Required Yards and Building Height
Buildings with frontages facing public right -of -ways vary from
approximately five -foot to zero setback. The parking structure shall
be set back from the residential units on the north by a 20 -foot
planting area containing trees and landscaping. The parking structure
shall be set back approximately 20 feet at the northeasterly corner
from Sultana Avenue reducing to zero past the Sultana exit and provide
a planting area with trees and landscaping.
Structures shall not exceed 45 feet in height except architectural
features including a canopy of opaque fabric or synthetic material
over the Food Court area not to exceed 60 feet. See Figures 6 and
10.
24
1
1
Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
D. Open Space /Landscaping
Approximately 5 percent of the project site shall be landscaped. The
total landscape area is 8,521 square feet. Of that total, 1,535
square feet shall be provided for common open space and 3,262 square
feet for private open space for the residential units.
E. Utility Areas and Trash Enclosures
Utility area /trash enclosures shall be provided on the ground floor in
between Building 1 and Building 4 adjacent to the Delivery Area
(accessed from the driveway from Elm Ave). Two trash chutes for
residential use shall be provided.
F. Exterior Signage
Exterior signage shall be subject to the following:
1. One electronic reader board shall be permitted, not to exceed
10 -feet in height by 20 feet in width, and shall be mounted on
Building 2 located at the southwest corner of the site.
2. A second electronic reader board shall be permitted, not to
exceed 10 -feet in height by 10 -feet in width and shall be
located on one of the tower elements.
3. A detailed Master Sign Program shall be submitted prior to
issuance of building permits for all individual tenant
exterior signage. "Canned" signs or freestanding signs shall
be prohibited. All onsite signage shall be in compliance with
the City's sign ordinance. All signage reviewed and approved
by the Community Development Department shall require
appropriate building permits and planning approvals.
G. Electronic Billboards
The reader -board billboard and /or any electronic signage shall be
subject to on -going review and monitoring by the City of Temple City.
The City may at its discretion impose specific conditions relative to
the electronic Billboard and /or any electronic signage relative to
colors, brightness, content, hours of operation, etc. As the project
will provide reader -board billboard space and electronic signage, no
individual business shall have a banner, fliers, sandwich board sign
or any other type of temporary signage outside of an enclosed building
area. The City and Community Redevelopment Agency shall have the
authority to post public notices on the reader board at such times as
desired but must provide twenty -four hour notice to the project
management company.
IV. Project Performance Standards
The following details the project performance standards for the
project.
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Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
A. Business Operation
1. All businesses shall be conducted within an enclosed building
unless otherwise approved and authorized by the City Council.
Any business enterprise(s) conducted from a freestanding
portable cart or kiosk shall be specifically pre- reviewed and
pre- approved by the City Council and Community Redevelopment
Agency.
2. Any business wishing to obtain a State License from Alcohol
Beverage Control shall be subject to a separate Conditional
Use Permit from the City.
3. No restaurant or business shall operate after tam daily.
4. Any graffiti or acts of vandalism shall be removed or repaired
within 24 hours.
B. Parking Structure
1. Security in the parking structure and in the mall area shall
be provided as may be required by the Sheriff and Fire
Departments as well as the City of Temple City. At a minimum,
there shall be at least one security person on duty at all
times, 24 hours per day. This security person shall patrol
the entire Mixed Use Project, with particular emphasis on the
parking structure. As a minimum, there shall be one full time
security person and sufficient video cameras to monitor the
facilities at all times.
2. There shall not be a fee to park within the parking structure.
3. The parking structure shall be lighted to the satisfaction of
the City of Temple City, Los Angeles County Fire Department
and Los Angeles County Sheriff's Department.
C. Landscaping
1. The 20 -foot green belt at the north end of the parking
structure as well as any landscaping on the structure shall be
maintained in good condition at all times.
2. Appropriate landscaping shall be planted and maintained by the
applicant between the terminus of Myda Avenue and the proposed
wall adjacent to northerly property line of the project site.
Said landscaping shall be fast growing, and shall serve as a
visual buffer between the project and residences along Myda
Avenue. This condition shall supersede the language contained
in the Owner Participation Agreement (OPA), which stated that
all existing trees adjacent to the northerly property line
shall be retained. It is understood that some or all of the
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Exhibit B to Development Agreement No. 05 -1, Ordinance No.06 -905
existing trees may be removed to accommodate the proposed
development. It is also understood that an easement for
vehicular access shall be provided by the developer to the
single family property located immediately north of the
parking structure on the west side of sultana Avenue; because
of this driveway easement, there will be little or no
landscaping immediately north of the parking structure where
it abuts the property addressed as 5829 Sultana Avenue.
D. Bicycle Racks and Lockers
Bicycle racks or bicycle lockers shall be provided to the satisfaction
of the Community Development Department.
E. Residential Entry
The residential units shall be separated from the commercial
development by a keyed entry system for the protection of the
residents.
F. Security
Twenty -four hour security shall be maintained within the project in
accord with the ordinance adopting this Development Agreement.
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EXHIBIT C - -- TO DEVELOPMENT AGREEMENT
Based upon the findings set forth in the Development Agreement, the City Council adopts the Mitigated
Negative Declaration and approves the "Development Agreement No. 05 -1" which henceforth shall
constitute the effective zoning of the property described as follows, based upon and subject to the
following conditions:
The northwest corner of Las Tunas Drive and Rosemead Blvd.
in the City of Temple City, Los Angeles County, California,
specifically described as set forth in Exhibit A attached hereto
A) Conditions Prerequisite:
1. The terms of the OPA approve by the CRA on August 16, 2005 (to the extent not
inconsistent herewith) shall remain in effect.
2. A Memorandum (short form) of this Development Agreement incorporated herein in the form
approved by the City Attorney shall be recorded before this Ordinance and the Development
Agreement shall become effective.
3. This Ordinance and the accompanying Development Agreement shall become immediately
effective provided however that only 1) on -site demolition of existing buildings; 2) the
construction of the Parking Structure and 3) the grading and foundations of the rest of the
development shall be permitted until the Developer has filed with the City actual building
plans for the rest of the development in form and content consistent with this Ordinance and
the Development Agreement, and so certified to by the City Building Inspector and City
Manager. If the Developer proceeds with the Parking Structure, and fails for any reason to
complete the rest of the development, the Developer shall immediately cause the Parking
Structure and foundations to be demolished and removed from the premises, and shall
guarantee such demolition and removal by depositing with the City a forfeitable cash bond
of $400,000 and authorize the City to enter upon the property for such demolition. Said cash
bond shall be held by City and used to demolish any and all developments in case of default
by Developer, or pocketed by City as liquidated damages for Developer's inability to
complete the Project. It is intended that this cash bond be a supplemental remedy in
addition to all other remedies.
4. This Ordinance and the Development Agreement shall become immediately effective as
above set forth, but the developer shall not construct the Condominium units until it has filed
and had approved a Final Tract Map with regard thereto, together with CC &Rs in form
acceptable to the City Attorney.
B) Conditions Concurrent:
5. The proposed development shall be in substantial compliance with the submitted plans date
stamped May 16, 2006, and the related Development Agreement No. 05 -1, Exhibits "A" and "B"
and "C" attachments thereto, except as modified herein.
6. The property shall be consistently maintained and kept free of weeds, trash, debris, abandoned
vehicles, vacated equipment, etc. to the satisfaction of the Community Development
Department.
Development Agreement No. 05 -1 — Exhibit "C"
Page 2
In order to ensure high quality construction, the project developer shall pay for the cost of
having a licensed architect or architectural firm, or a certified construction specialist or firm on
call at the random call by the City during the construction process. This professional architect
or construction manager selected by and serving at the pleasure of the City, shall have
oversight as to the quality of materials used and the workmanship. This individual or firm shall
serve as a liaison between the City and the Developer /contractor to ensure quality construction,
including but not limited to; building materials, color selections, architectural features, etc. and
also for compliance with this Development Agreement. The Community Redevelopment
Agency, or City may reject substandard materials as recommended by such independent
architect and /or specialist.
C) Conditions Subsequent:
8. There shall be no commercial usage of the residential units; a covenant shall be recorded
which specifies that no home occupation or any other office use or commercial use shall be
made of any residential unit. Conversely, no commercial space shall be occupied as living
quarters; no business occupant shall utilize a commercial unit for living or sleeping
purposes. All condo units shall be sold with a preference given to local residents; no condo
may be leased to renters for more than 30 days in any calendar year.
9. With regard to the commercial areas:
a) there shall be at least one major anchor tenant occupying at least 31,000 square feet of
gross floor area or, alternatively, two major retail anchors, each having no less than
15,500 square feet within the shopping center. As per the OPA, the City shall have pre -
approval rights to veto these uses.
b) no commercial unit in the Center shall have less than 800 square feet of gross floor
area.
c) there shall be no more than 40 individual retail stores or commercial units.
d) there shall be no more than 5 sit -down, formal dining restaurants.
e) there shall be no more than 15 separate food vendors in the food court.
f) The foregoing restrictions are not intended to thwart any "build -to- suit" options
presented by the developer, but are to be enforced subject to such options.
g)
The 20ft green belt at the north end of the parking structure (and the greenery on the
structure )shall be maintained in good condition at all times. Upon failure of the
developer to so maintain, the city /CRA may declare a default and breach of these
conditions or take over the maintenance, and be reimbursed by the Developer /property
owner.
10. All businesses shall be conducted within an enclosed building unless otherwise approved
and authorized by the City Council; Any business enterprise(s) conducted from a
freestanding portable cart or kiosk shall be specifically pre- reviewed and pre- approved by
the City Council and Community Redevelopment Agency.
11. Hours of operation: no restaurant or business shall operate after 2 a.m. daily.
12. Any business wishing to obtain a State License from Alcohol Beverage Control shall be
subject to a separate Conditional Use Permit from the City.
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Development Agreement No. 05 -1 — Exhibit "C"
Page 3
13. The parking structure shall be lighted to the satisfaction of the City of Temple City, Los
Angeles County Fire Department and Los Angeles County Sheriff's Department.
14. The reader- board billboard and /or any electronic signage shall be subject to on going
review and monitoring by the City of Temple City. The City may at its discretion impose
specific conditions relative to the electronic Billboard and /or any electronic signage relative
to size, colors, brightness, content, hours of operation, etc. Because the subject
development will provide reader -board billboard space and electronic signage, no individual
business shall have a banner, fliers, sandwich board sign or any other type of temporary
signage outside of an enclosed building area. The City and Community Redevelopment
Agency shall have the authority to post public notices on the reader board at such times as
they see fit.
15. Exterior signage shall be subject to the following:
a) One electronic reader board shall be permitted (size to be determined later, but not
larger than 10 -feet tall by 20 -feet wide), to be mounted on "Building 2" located at the
southwest corner of the site.
b) A second electronic reader board shall be permitted, size to be determined later, but not
to exceed 10 -feet wide by 10 -feet tall, located on one of the tower elements.
c) A detailed Master Sign Program program shall be submitted prior to issuance of building
permits for all individual tenant exterior signage. No "canned" signs or freestanding
signs shall be allowed at the project site. All onsite signage shall be in compliance with
the City's sign ordinance. All signage reviewed and approved by the Community
Development Department shall require appropriate Building permits and Planning
approvals.
16. Security in the parking structure and in the mall area shall be provided as may be required by
the Sheriff and Fire Departments as well as the City of Temple City. At a minimum, there shall
be at least one security person on duty at all times, 24 hours per day; this security person shall
patrol the entire Mixed Use Project, with particular emphasis on the parking structure. As a
minimum, there shall be one full time security person and sufficient video cameras to monitor
the facilities at all times.
17. There shall not be a fee to park within the parking structure.
18. Bicycle racks or bicycle lockers shall be provided to the satisfaction of the Community
Development Department.
19. Any graffiti or acts of vandalism shall be removed or repaired within 24 hours.
20. The residential units shall be separated from the commercial development by a keyed entry
system for the protection of the residents.
21. Traffic signals at the intersection of Las Tunas Drive and Rosemead Boulevard,.as well as the
intersection of Las Tunas Drive and Sultana Avenue shall be timed or improved as
recommended by the City's traffic consultant, and to the satisfaction of the Community
Development Department, and Caltrans.
22. Appropriate landscaping shall be planted and maintained by the applicant between the
terminus of Myda Avenue and the proposed wall adjacent to northerly property line of the
project site. Said landscaping shall be fast growing, and shall serve as a visual buffer between
the project and residences along Myda Avenue. This condition shall supercede the language
Development Agreement No. 05 -1 — Exhibit "C"
Page 4
contained in the Owner Participation Agreement (OPA), which stated that all existing trees
adjacent to the northerly property line shall be retained. It is understood that some or all of the
existing trees may be removed to accommodate the proposed development. It is also
understood that an easement for vehicular access shall be provided by the developer to the
single family property located immediately north of the parking structure on the west side of
sultana Avenue; because of this driveway easement, there will be little or no landscaping
immediately north of the parking structure where it abuts the property addressed as 5229
Sultana Avenue.
23. The following conditions are mitigation measures, which are also included in Appendix D of the
related Initial Study /Mitigated Negative Declaration. Said mitigation measures (along with any
amendments) shall be incorporated into a Mitigation Monitoring Program prepared by the
applicant in accordance with the provisions of CEQA.
24. The times within which the development shall be completed are as set forth in the OPA
between the parties approved August 16th, 2005 and incorporated herein by reference.
D) Mitigation measures
a). Aesthetics
AES -1. To mitigate any claimed significant aesthetic impact on residences immediately north
of the project site created by the parking structure's north wall, the
applicant/developer will be required to pursue one or more of the following options, at
the direction of the City:
A. Design and construct a series of appropriately scaled arches that cover the length of
the wall.
B. Design and construct faux windows with real balconies to create an illusion of a
residential facade.
C. Design, construct, and maintain real balconies with planters at three levels in a
manner that resembles three building stories.
D. Design, install, and maintain on the cement wall of the parking structure a "green
screen" consisting of a mesh material made of metal and planted with evergreen
vines trained to grow up the wall on the screen.
E. Install and maintain a form of thorny or similar landscaping at the base of the wall and
within the required 20 -foot setback. The landscaping shall be of a variety that
discourages trespassing and access to the wall, and that is attractive and evergreen.
The design and treatment of the parking structure wall shall be reviewed and
approved by the Community Development Director prior to action on the project, and
the required treatment shall be incorporated into the Development Agreement.
b) Air Quality
AIR -1. For the demolition phase of construction, the applicant /permittee shall use a lean -
NOx catalyst on both on -and off -road diesel equipment to reduce NOx emissions.
AIR -2. For the building construction phase of construction, the applicant/permittee shall use
cooled exhaust gas recirculation on both on -and off -road diesel equipment to reduce
NOx emissions.
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Development Agreement No. 05 -1 — Exhibit "C"
Page 5
AIR -3. The developer shall use zero Volatile Organic Compounds (VOC) content
architectural coatings during the construction of the project and in accordance with
SCAQMD regulations and guidelines.
AIR -4. All restaurant owners and /or operators shall be required to install emissions and odor
control devices. Such systems shall be installed and operable prior to the issuance
of occupancy permits for any such restaurant. A central odor control device may be
installed to serve all restaurants instead of separate individual devices.
c) Geology and Soils
GEO -1. Best Management Practices (BMPs) shall be employed during all site preparation,
demolition, grading, and construction to ensure that all soil erosion and deposition
are contained within the construction site. Such BMPs may include, but are not
limited to, covering of the graded area or piled soil with straw or straw matting, and
use of water for dust control.
d) Noise
NOI -1. Construction activities shall be limited to the hours between 7:00 A.M. and 7:00 P.M.
during the week and 8:00 A.M. and 6:00 P.M. on Saturdays. No construction activity
shall occur on holidays or Sundays.
NOI -2. All heavy construction equipment and all stationary noise sources such as diesel
generators shall have manufacturer - installed mufflers.
NOI -3. The project developer /applicant shall post a telephone number and name of a
contact person for registering comments or complaints regarding construction noise.
Such signage shall be posted in a clearly visible area along Rosemead Boulevard,
Las Tunas Drive, and Sultana Avenue. All complaints shall be given to the City
Planning Department on a daily basis.
NOI -4. Truck deliveries shall be limited to the hours between 7:00 A.M. and 10:00 P.M.
NOI -5. All mechanical equipment shall be acoustically shielded to levels that achieve the
noise /land use compatibility criteria set forth in the City's General Plan Noise
Element.
NOI -6. A minimum 6- foot -high block wall shall be erected along the north property line
between Elm Avenue and the residence immediately across from the project's
loading area. The City will coordinate the design of the wall with the project
developer.
NOI -7. Signs shall be posted at all parking structure exits cautioning drivers to maintain quiet
and respect neighbors as they leave the site.
NOI -8. As part of the Development Agreement conditions, the City shall reserve the right to
limit the hours of operation of the banquet facilities and restaurants as a means of
reducing on -site noise in response to any prolonged, documented evidence of noise
conflicts.
NOI -9. The North wall of the multi - leveled parking structure shall be solid, with no openings,
in order to sufficiently mitigate noise, light and glare, generated by vehicles utilizing
the parking structure. While the solid wall is essential as a mitigation measure for
potential noise, and light and glare impacts, the north facade of the parking structure
Development Agreement No. 05 -1 — Exhibit "C"
Page 6
shall incorporate architectural and design features consistent with the overall design
of the project as outlined in mitigation measure "AES -1 ".
e) Transportation /Traffic
TRA -1. Parking structure access, delivery truck loading area, and the subterranean
residential parking will be provided via Elm Avenue. Elm Avenue will be striped to
provide one inbound lane and one outbound lane. The Elm Avenue at Rosemead
Boulevard driveway will offer full northbound and southbound inbound access, but
will be limited to right -turn only egress. Westbound and eastbound left -turn and
through movements will not be allowed. Physical barriers, paint, and signage will be
provided to ensure the intended ingress and egress operations. Also, a 35 -foot curb
return will be provided on the southeast corner of Rosemead Boulevard /Elm Avenue
to facilitate easier right -turns for project traffic (refer to Figure 10 of the Traffic Study
in Appendix D).
TRA -2. A widened roadway section on Elm Avenue will be provided to allow a second
inbound lane for exclusive use of the residential traffic and the delivery /trash trucks
(refer to Figure 10 of the Traffic Study in Appendix D). The driveway to residential
parking will, be located east of Rosemead Boulevard, on the south side of Elm
Avenue and west of the parking structure.
TRA -3. The Sultana Avenue parking structure access will be located approximately 140 feet
north of Las Tunas Drive, at the northeast corner of the project site. The driveway will
have a width of 25 feet and will offer one inbound lane and one outbound lane. The
northbound Sultana Avenue approach will provide a left -turn lane (into the parking
structure) and one through lane. A raised "pork- chop" median island will be provided
at the Sultana Avenue driveway to ensure a right -turn only exit movement. This will
prevent project traffic from turning left and intruding into the neighborhood streets.
TRA -4. The project developer /applicant shall dedicate an approximately 10 -foot wide strip
extending 140 feet along the west side of Sultana Avenue and build an additional
lane from the driveway to the intersection of Sultana Avenue /Las Tunas Drive. The
lane configuration at the intersection of Sultana Avenue and Las Tunas Drive shall
include in the southbound direction a shared through /left turn lane and an exclusive
right -turn lane, with one northbound lane. The other legs of the intersection will
remain unchanged. The specifications of this dedicated lane will be provided in the
site plan included as part of "Exhibit B" of the Development Agreement, and the
developer /applicant will be required to comply with the agreement. The traffic signal
at the intersection of Las Tunas Drive and Sultana Avenue shall be modified as
necessary to meet City and County standards.
25. The conditions of approval contained in this Ordinance may be enforced by the Sheriffs Office
as well as by City staff. Any violation of any condition is a misdemeanor and may be
processed directly by criminal complaint. The indemnity and enforcement provisions of the
Development Agreement shall also be enforced as set forth therein.
26. A copy of this Ordinance shall be included in the construction plans as construction notes.
27. This Ordinance shall not become valid until all responsible parties have signed and agreed to
the aforementioned conditions of this Ordinance.
28. The City Council recognizes that there are at least two prospective challenges or amendments
to this Ordinance, as follows:
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Development Agreement No. 05 -1 — Exhibit "C"
Page 7
1. There is controversy over who owns the northerly 20 feet of the vacated Elm street, and
that both the Developer and adjoining residents claim title thereto. This Development
Agreement is based upon the Developer's title reports, showing ownership of such by the
Developer. Should that prove in the future not to be the case, then the 20 -foot greenbelt
set forth in the Development Agreement and this Ordinance shall cease to be an
obligation of the Developer, but the parking structure north wall shall be treated as
described in AES -1 above.
2. There is controversy about the treatment of Sultana as to whether it should be widened
as set forth in the Development Agreement or whether it should be cul -de- sacked and
closed to through traffic northerly of Las Tunas Drive. After construction, the City will
monitor the traffic patterns on Sultana Ave, and take action appropriate to maintain traffic
counts at a level no greater than the levels that existed with the prior usage of the site
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