CC - Item 4E - Second Reading & Adoption of Ordinance No. 1013 and Affordable Housing AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR ANDD� CITY COUNCIL
FROM: BEN KIM, CITY MANAGER -
DATE: JANUARY 24, 2023
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1013 -
APPROVAL OF PLANNED DEVELOPMENT 22-01 AND ZONE CHANGE
22-01, AMENDING THE ZONING MAP OF THE SUBJECT SITE FROM
SINGLE FAMILY RESIDENTIAL (R-1) TO PLANNED DEVELOPMENT
(P -D) ZONE AT 8601 MISSION DRIVE AND AFFORDABLE HOUSING
AGREEMENT
SUMMARY
On January 10, 2023, the City Council introduced for first reading, Ordinance No. 1013, an
ordinance adopting the approval of Planned Development 22-01 and Zone Change 22-01,
Amending the Zoning Map of the subject site from Single Family Residential (R-1) to Planned
Development (P -D) zone. The subject site is located at 8601 Mission Drive. In addition, the City
Council directed staff to work with the applicant to revise the Affordable Housing Agreement.
BACKGROUND
At the previous City Council meeting, staff recommended approval of Planned Development 22-
01, Zone Change 22-01, General Plan Amendment 21-01, and Tentative Tract Map 83705 for the
development of 37 two-story dwelling units, eight of which will be developed utilizing the City's
Small Lot Subdivision Ordinance. In addition, four out of the 37 units will be designated as
affordable units. Staff also recommended that the City Council authorize the City Manager to
execute an Affordable Housing Agreement (Attachment `B") with Mission Villas, LLC for four
affordable units.
After conducting a public hearing and receiving public testimony, the City Council directed Staff
to work with the applicant on revising the agreement. The Affordable Housing Agreement
(Attachment "C") has been revised to reflect good faith efforts to market and qualify Eligible Low -
Income Households, that are veterans or persons of military status, for the first 60 days, and
Rosemead Residents for the following 60 days. If the Homebuilder has not obtained sufficient Eligible
Low -Income Households during the 120 -day period described above, then the Homebuilder may
broaden the marketing of the Designated Homes to persons beyond the foregoing groups. All
marketing efforts shall be to the extent permitted by state and federal fair housing laws.
AGENDA ITEM 4.E
City Council Meeting
January 24, 2023
Page 2 of 3
ENVIRONMENTAL REVIEW
The City of Rosemead acting as a Lead Agency, has completed an Initial Study in accordance with
the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000-21177)
and pursuant to Section 15063 of Title 14 of the California Code of Regulations (CCR). The Initial
Study was undertaken for the purpose of deciding whether the "project" may have a significant
effect on the environment. On the basis of the analysis within the Initial Study, the City has
concluded that the project will not have a significant effect on the environment with the
incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative
Declaration. The Initial Study reflects the independent judgment of the City.
A Notice of Intent to Adopt a Mitigated Negative Declaration for the project was distributed for a
20 -day public review and comment period from November 10, 2022 to November 30, 2022
STAFF RECOMMENDATION
That the City Council:
1. Move to approve the second reading and adopt, Ordinance No. 1013, by title only, an
ordinance of the City Council of the City of Rosemead adopting the approval of Planned
Development 22-01, Zone Change 22-01, General Plan Amendment 22-01, and Tentative
Tract Map 83705; and
2. Authorize the City Manager to execute an Affordable Housing Agreement
(Attachment "C") with Mission Villas, LLC for four affordable units.
FISCAL IMPACT
None.
STRATEGIC PLAN IMPACT
Goal H: Land Use and Zoning - Rosemead will continue to create policies that encourage new
development, respond to the changing housing needs of residents, promote activation along our
major corridors, and support the local business community.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
City Council Meeting
January 24, 2023
Page 3 of 3
Submitted by:
Charlotte Cabeza, Management Analyst
Attachment A: Ordinance No. 1013
Attachment B: Original Affordable Housing Agreement
Attachment C: Revised Affordable Housing Agreement
Attachment A
Ordinance No. 1013
ORDINANCE NO. 1013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF PLANNED DEVELOPMENT 22-01 AND ZONE
CHANGE 22-01, AMENDING THE ZONING MAP OF THE SUBJECT
SITE FROM SINGLE FAMILY RESIDENTIAL (R-1) TO PLANNED
DEVELOPMENT (P -D) ZONE. THE SUBJECT SITE IS LOCATED AT
8601 MISSION DRIVE (APNS: 5389-009-029, 030, and 03 1)
WHEREAS, on February 17, 2022, Mission Villas, LLC submitted entitlement
applications for the construction of 37 residential units; and
WHEREAS, 8601 Mission Drive is located in the R-1 zone; and
WHEREAS, Rosemead Municipal Code Section 17.24.040 and 17.152.060 provides the
criteria for a planned development; and
WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the purpose and
criteria for a zone change; and
WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections 17.24.040 and 17.152.040 authorizes the Planning Commission provide
a written recommendation and reasons for the recommendation to the City Council whether to
approve, approve in modified form, or deny the general plan amendment and planned
development; and
WHEREAS, in September 2022, an Initial Study was undertaken for the purpose of
deciding whether the "project" may have a significant effect on the environment. On the basis
of the analysis within the Initial Study, the City has concluded that the project will not have a
significant effect on the environment with the incorporation of mitigation measures and has
therefore prepared a Mitigated Negative Declaration.
WHEREAS, on December 19, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Zone Change 22-01 and
Planned Development 22-01; and
WHEREAS, on December 29, 2022, eighty-two (82) notices were sent to property owners
within a 300 -feet radius from the subject property and to person(s) who have filed a written request
with the City's Clerk Office. In addition, the notice was posted at six (6) public locations, on-site,
published in the Rosemead Reader, and filed with the Los Angeles County Clerk, specifying the
availability of the application, plus the date, time, and location of the public hearing for Planned
Development 22-01 and Zone Change 22-01, pursuant to California Government Code Section
65091(a)(3); and
WHEREAS, the City Council held a duly noticed public hearing on January 10, 2023, to
consider the approval of Zone Change 22-01 and Planned Development 22-01; and
WHEREAS, the City Council fully studied the proposed Zone Change 22-01 and Planned
Development 22-01 and considered all public comments; and
WHEREAS, the City Council, having final approval authority over this project, has
reviewed and considered all comments received during the public review period prior to the
approval of this project.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Planned Development Review 22-01 in accordance with Rosemead
Municipal Code Section 17.24.040 and 17.152.060(B) as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan.
FINDING: According to the General Plan and Zoning Ordinance Consistency Table in
the General Plan, the P -D zone is a corresponding zoning district to the Medium Density
Residential land use designation. For this reason, the proposed amendment is consistent with the
General Plan. In addition, the subject site is not located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
FINDING: The P -D district is intended to provide for developments that are
characterized by innovative use and design concepts. This zone provides for a new development
to offer amenities, quality, design excellence and other similar benefits to the community and
not be inhibited by strict numerical development standards. The subject site is located in a
residential neighborhood and will continue as a residential use, therefore, the development of 37
residential units will not be detrimental to the public interest, health safety, convenience, or
welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to Section 15070(b) of the California Environmental Quality Act
(CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may
have a significant effect on the environment. On the basis of the analysis within the Initial Study,
the City has concluded that the project will not have a significant effect on the environment with
the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative
Declaration.
C. The proposed amendment is internally consistent with other applicable provisions of
this Zoning Code.
FINDING: The P -D zone is intended to provide for developments that are characterized
by innovative use and design concepts. The minimum area for a P -D project is one acre. The
subject site consists of three vacant parcels totaling approximately 3.378 acres of land. In addition,
the proposed development would be in compliance with the applicable development standards of
the Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency vehicle
access, and public services and utilities and is served by highways and streets adequate in width
and improvement to carry the kind and quantity of traffic the proposed use would likely generate,
to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise
constitute a hazard to the property or improvements in the vicinity in which the property is
located.
FINDING: The P -D zone is designated to accommodate various types of development
such as residential developments. The minimum lot area for a P -D project is one acre. The subject
site consists of three vacant parcels totaling approximately 3.378 acres of land. The proposed
development would be in compliance with the applicable development standards of the Rosemead
Zoning Code.
A trip generation and vehicle miles traveled (VMT) screening analysis was prepared for
the project by Environmental Planning Development (EDP) Solutions, Inc. The technical
memorandum evaluated the trip generation and need to prepare a level of service (LOS) or vehicle
miles traveled (VMT) analysis for the proposed project based on the City of Rosemead's
Transportation Study Guidelines for VMT and LOS Assessment. If a project meets one of the
following three criteria listed in the Rosemead's Transportation Study Guidelines for VMT and
LOS Assessment, then the VMT impact of the project would be considered less than significant
and no further analysis would be required. The proposed project was able to satisfy Screening
Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on -street
parking evaluation and found it acceptable and the VMT analysis has been included into in the
Mitigated Negative Declaration.
SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do
exist to justify approving Zone Change 22-01 in accordance with Rosemead Municipal Code
Section 17.152.060(B) as follows:
A. The amendment is internally consistent with all other provisions of the General
Plan.
FINDING: The proposed zone change will amend the Zoning Map of the subject site from
the R -I to P -D zone. In addition, the proposed amendment will change the land use designation of
the subject parcel from Low Density Residential to Medium Density Residential. According to
the General Plan and Zoning Ordinance Consistency Table in the General Plan, the P -D zone is a
corresponding zoning district to the Medium Density Residential land use designation. For this
reason, the proposed amendment is consistent with the General Plan. In addition, the subject site
is not located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
FINDING: The existing zone of the subject site is R-1. The subject site consists of three
vacant parcels totaling approximately 3.378 acres of land. The proposed amendment would change
the zone from R-1 to P -D for the construction of 37 residential units. The subject site is located in
residential neighborhood and will continue as a residential use, therefore, will not be detrimental
to the public interest, health, safety, convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to Section 15070(b) of the California Environmental Quality Act
(CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may
have a significant effect on the environment. On the basis of the analysis within the Initial Study,
the City has concluded that the project will not have a significant effect on the environment with
the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative
Declaration.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: The proposed amendment would change the zone from R-1 to P -D for the
construction of 37 residential units. The P -D zone is intended to provide for developments that are
characterized by innovative use and design concepts. The minimum area for a P -D project is one
acre. The subject site consists of three vacant parcels totaling approximately 3.378 acres of land.
In addition, the proposed development would be in compliance with the applicable development
standards of the Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency vehicle access,
and public services and utilities and is served by highways and streets adequate in width and
improvement to carry the kind and quantity of traffic the proposed use would likely generate, to
ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise
constitute a hazard to the property or improvements in the vicinity in which the property is located.
FINDING: The subject site is located in a residential neighborhood and will continue as
a residential use, therefore, the zone change to a P -D zone is physically suitable for a 3.378 acre
site. The subject site is currently surrounding by a majority of residential uses. The proposed
residential units would not endanger, jeopardize, or otherwise constitute a hazard to the property
or improvements in the vicinity in which the property is located.
In addition, a trip generation and vehicle miles traveled (VMT) screening analysis was
prepared for the project by Environmental Planning Development (EDP) Solutions, Inc. The
technical memorandum evaluated the trip generation and need to prepare a level of service (LOS)
or vehicle miles traveled (VMT) analysis for the proposed project based on the City of Rosemead's
Transportation Study Guidelines for VMT and LOS Assessment. If a project meets one of the
following three criteria listed in the Rosemead's Transportation Study Guidelines for VMT and
LOS Assessment, then the VMT impact of the project would be considered less than significant
and no further analysis would be required. The proposed project was able to satisfy Screening
Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on -street
parking evaluation and found it acceptable and the VMT analysis has been included into in the
Mitigated Negative Declaration.
SECTION 3. The City Council HEREBY AMENDS the City's Zoning Map to change
the zone of 8601 Mission Drive from R-1 to P -D.
SECTION 4. Severability. The City Council hereby declares that, should any provision,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part
thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not
affect the validity of the remaining section or portions of the Ordinance or part thereof. The City
Council hereby declares that it would have independently adopted the remaining provisions,
sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance
irrespective of the fact that any one or more provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in
the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty
(30) days after the date of its adoption.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
PASSED, APPROVED, AND ADOPTED this 24th day of January, 2023.
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1013 was first
introduced at the regular meeting of January 10, 2023 by first reading. Said Ordinance was
approved and adopted by the City Council of the City of Rosemead at a regular meeting held on
the 24th day of January, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
EXHIBIT "A"
GENERAL PLAN AMENDMENT 22-01, ZONE CHANGE 22-01
PLANNED DEVELOPMENT REVIEW 22-01, AND TENTATIVE TRACT MAP 83705
(EXHIBIT "A" OF CITY COUNCIL RESOLUTION 2023-02, CITY COUNCIL
RESOLUTION 2023-04, AND ORDINANCE 1013)
8601 MISSION DRIVE
(APNS: 5389-009-029, 030, AND 031)
CONDITIONS OF APPROVAL
JANUARY 10, 2023
Standard Conditions of Approvals
General Plan Amendment 22-01, Zone Change 22-01 Planned Development Review 22-01,
and Tentative Tract Map 83705 ("Project') are approved for the construction of 37 residential
units, in accordance with the preliminary plans marked Attachment "I", dated December 5,
2022. Any revisions to the approved plans must be resubmitted for the review and approval
of the Planning Division.
2. The following conditions must be complied to the satisfaction of the Planning Division prior
to final approval of the associated plans, building permits, occupancy permits, or any other
appropriate request.
3. The conditions listed on this exhibit shall be copied directly onto any development plans
subsequently submitted to the Planning and Building Divisions and the Public Works
Department.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with
the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts
all of the conditions of approval as set forth in the letter of approval and this list of conditions
within ten (10) days from the City Council approval date.
5. The on-site public hearing notice posting shall be removed by the end of the 10 -day appeal
period of Project.
6. Project is approved for a period of one (1) year. The applicant(s) shall commence the approved
project or request an extension within 30 calendar days prior to expiration. The one (1) year
initial approval period shall be effective from the Planning Commission approval date. For
the purpose of this petition, project commencement shall be defined as beginning the
permitting process with the Planning and Building Divisions, so long as the project is not
abandoned. If Project has been unused, abandoned, or discontinued for a period of one (1)
year, it shall become null and void.
7. The City Council hereby authorizes the Planning Division to make and/or approve minor
modifications to the project and to these conditions of approval.
8. Project is granted or approved with the City and its Planning Commission and City Council
retaining and reserving the right and jurisdiction to review and to modify the permit, including
the conditions of approval based on changed circumstances. Changed circumstances include,
but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature
of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of
right to review is in addition to, and not in lieu of, the right of the City, its Planning
Commission, and City Council to review and revoke or modify any permit granted or
approved under the Rosemead Municipal Code for any violations of the conditions imposed
on Project.
9. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead or its
agents, officers, and employees from any claim, action, or proceeding against the City of
Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval
of the Planning Commission and/or City Council concerning the project, which action is
brought within the time period provided by law.
10. The applicant(s) shall comply with all Federal, State, and local laws relative to the approved
use, including the requirements of the Planning, Building, Fire, Sheriff, and Health
Departments.
11. Building permits will not be issued in connection with any project until such time as all plan
check fees and all other applicable fees are paid in full. Prior to issuance of building permits,
any required school fees shall be paid. The applicant shall provide the City with written
verification of compliance from the applicable school districts.
12. The numbers of the address signs shall beat least six (6) inches tall with a minimum character
width of 3/4 inch, contrasting in color and easily visible at driver's level from the street.
Materials, colors, location, and size of such address numbers shall be approved by the
Community Development Director, or his/her designee, prior to installation.
13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through
Saturday. No construction shall take place on Sundays or on any federal holiday. The
applicant shall abide by the noise control sections of the Rosemead Municipal Code.
14. The Building and Safety Division, Planning Division, and Engineering Division shall have
access to the project site at any time during construction to monitor progress.
15. All requirements of the Building and Safety Division, Planning Division, and Engineering
Division shall be complied with prior to the final approval of the proposed construction.
16. All ground level mechanical/utility equipment (including meters, back flow prevention
devices, fire valves, A/C condensers, furnaces, and other equipment) shall be located away
from public view or adequately screened by landscaping or screening walls so as not to be
seen from the public right-of-way.
17. All new roof -top appurtenances and equipment shall be adequately screened from view to the
satisfaction of the Planning Division. Such equipment shall not exceed the height of the
parapet wall. There shall be no mechanical equipment located on the sides of the building.
18. The parking area, including handicapped spaces, shall be paved and re -painted periodically to
City standards to the satisfaction of the Planning Division. In accordance with the Rosemead
Municipal Code, all designated parking stalls shall be double striped. Such striping shall be
maintained in a clear, visible, and orderly manner to the satisfaction of the Planning Division.
19. Violations of the conditions of approval may result in citation and/or initiation of revocation
proceedings.
Project Specific Conditions of Approval
20. The applicant shall enter into an agreement with the City of Rosemead to ensure that four
units are designated as affordable, including the use of the City's Down Payment Assistance
Program. The agreement shall be reviewed and approved by the City prior to the issuance of
Building Permits.
21. Development Impact Fees shall be paid prior to issuance of the final Certificate of Occupancy
for the project.
22. All property that is vacant, under construction, or being demolished shall be totally enclosed
around the perimeter by a fence that is a minimum of six (6) feet in height as measured from
adjacent property, subject to the approval of the Community Development Director or other
designated officials. The following requirements shall be satisfied:
a. The required fence shall be adequately constructed from chain-link, lumber,
masonry or other approved materials. The fence shall be entirely self-supporting
and shall not encroach or utilize structures or fencing on any adjacent property
without prior written approval of the adjacent property owner.
b. The fence shall be installed prior to the initiation of any construction or demolition
and shall be continuously maintained in good condition.
c. Signs stating 'PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the
fence.
23. A final wall/fence plan shall be submitted to the Planning Division for review and approval
prior to the issuance of building permits. All walls and/or fences height shall comply with the
requirements in the Rosemead Municipal Code and shall match or complement the residential
buildings in color, material, and design.
24. A final landscape and irrigation plan shall be submitted to the Planning Division for review
and approval prior to the issuance of building permits. The landscape and irrigation plan shall
comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for
Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system
with automatic timers and moisture sensors.
25. All parking spaces comply with the currently applicable section of the Rosemead Municipal
Code. All covered parking spaces shall be free and clear with no obstruction.
26. Prior to the issuance of Building permits, the Developer shall develop a comprehensive
Construction Management Plan, subject to the review and approval of the Planning Division,
Building and Safety Division, and Public Works Department. The Construction Management
Plan shall address security of site and equipment, noise, vibrations, traffic control, parking,
debris removal, staging, dust control, sanitary facilities, and other potential construction
impacts, as well as other details involving the means and methods of completing the project,
including the construction equipment route. The City has the authority to require
modifications and amendments to the Construction Management Plan as deemed necessary
throughout the course of the project and until the final inspection.
27. A construction notice shall be mailed to residents within a 300' radius from the project site to
inform them of the commencement of construction. The notice shall be mailed ten days prior
to commencement.
28. Any exterior lighting shall be fully shielded and directed downwards as to not project over
the property lines of the subject site.
29. Prior to issuance of any building permit related to this project, the Applicant shall prepare
Covenant Conditions and Restrictions (CC&R's) or other similar recorded instrument
indicating how and who will maintain proposed common areas. The CC&R's shall be
prepared by the Applicant and approved by the City Attorney and shall include the following
statements: "This statement is intended to notify all prospective property owners of certain
limitations on construction to residential dwellings contained in this planned development
project. Any necessary modifications or additions must be reviewed on a case-by-case basis
and approved or denied by the Community Development Director or his/her designee at
his/her discretion". The CC&R's will cover all aspects of property maintenance of the
common areas, including but not limited to driveways, fencing, landscaping, lighting, parking
spaces, open space and recreational areas. All applicable City Attorney fees shall be at the
responsibility of the applicant.
30. The applicant shall include provisions in the CC&R's to provide maintenance of all building
improvements, on -grade parking and landscaping, and maintenance of the driveway, in a
manner satisfactory to the Planning Division, and in a form acceptable to the City Attorney.
31. The subdivider shall include provisions in the CC&R's to require regular trash pickup service
at least once a week for the residential trash bins. All residential trash bins shall remain within
the development. No residential trash bins shall be placed in the public right-of-way at any
time.
32. Planning Division approval of sign plans must be obtained prior to obtaining building permits
and/or installation for any signs.
Public Works Conditions of Approval
General
33. Copy all conditions of approval and the Planning decision letter onto all permit plan sets.
34. The proposed project is subject to LID and NPDES requirements. Developer shall integrate
LID strategies into the site design. Grading Plans will not be approved until the LID
requirements have been met.
35. The following note shall be added to the final plans: "A record drawing shall be submitted to
the City, before the release of the permit, that delineates and incorporates all modifications
that were approved and incorporated during construction."
36. The approved building address(s) shall be painted on the curb to the City's standard as
required by the Public Works Inspector before the final inspection.
37. Rehabilitate existing AC street pavement along the property frontage to the centerline of the
street or pay an in -lieu fee equal to the estimated cost of street rehabilitation based on the Los
Angeles County Land Development Division Bond Calculation Sheets to the satisfaction of
the City Engineer or designee. Rehabilitation includes existing and new traffic control devices
including but not limited to pavement markers, striping, and markings to the satisfaction of
the City Engineer. All striping and markings shall be a minimum of two coats of
thermoplastic paint. This work is to be performed or the in -lieu fee shall be paid prior to the
issuance of the final Certificate of Occupancy for the project.
38. Any trenching asphalt or concrete pavement or street or sidewalk removal related to the
project repair shall match the existing surfaces and as directed by the City Engineer or his
designee. New pavement thickness shall be one inch greater than the existing.
39. Dedicate street R/W to match the ultimate R/W condition.
40. The required street improvements shall include those portions of roadways contiguous to the
subject property and include:
a. Reconstruct existing and construct new driveway approaches with current ADA
bypass requirements per SPPWC, latest edition. No portion of the driveway and/or
parkway shall encroach to the frontage of the adjacent property. Remove and
replace relocated driveway approaches with sidewalk and curb and gutter.
b. Remove and reconstruct all damaged and/or off -grade curbs, gutters, ADA ramps,
driveway approaches, and sidewalks.
41. Details shown on the tentative map are not necessarily approved. Any details which are
inconsistent with requirements of ordinances, general conditions of approval, or City
Engineer's policies must be specifically approved in the final map or improvement plan
approvals.
42. A final tract map prepared by, or under the direction of a Registered Civil Engineer authorized
to practice land surveying or a Licensed Land Surveyor, must be processed through the City
Engineer's office before being filed with the County Recorder.
43. A preliminary subdivision guarantee is required showing all fee interest holders and
encumbrances. An updated title report shall be provided before the final parcel map is released
for filing with the County Recorder.
44. The final tract map shall be based on a field survey, and monuments shall be set to
permanently mark parcel map boundaries, street centerlines and lot boundaries to the
satisfaction of the City Engineer. The basis of bearing used for the field survey required for
the final map shall include two survey well monuments found or set. The City Engineer may
waive this requirement upon petition should this be impractical. Well monuments shall be set
in accordance with Standard Plan No. 508-001.
45. Final tract map shall be filed with the County Recorder and one (1) Mylar copy of the filed
map shall be submitted to the City Engineer's office. Certificate of Occupancy will not be
issued until the City has received the PDF and Mylar copy of the filed map.
46. Comply with all requirements of the Subdivision Map Act.
47. Approval for filling of this land division is contingent upon approval of plans and
specifications mentioned below.
48. The City reserves the right to impose any new plan check and/or permit fees approved by City
Council subsequent to tentative approval of this map.
49. Prior to the recordation of the final map, grading and drainage plans must be approved to
provide for contributory drainage from adjoining properties as approved by the City Engineer,
including the dedication of the necessary easements.
50. A grading and drainage plan must provide for a drainage system to the public street, to a
public drainage facility, or by means of an approved drainage easement.
51. Historical or existing stormwater flow from adjacent lots must be received and directed by
gravity to the public street, to a public drainage facility, or an approved drainage easement.
52. Prepare and submit hydrology and hydraulic calculations for the sizing of all proposed
drainage devices. The analysis shall also determine if changes in the post -development versus
pre -development conditions have occurred. The analysis shall be stamped by a California
State Registered Civil Engineer and prepared per the Los Angeles County Department of
Public Works Hydrology Method.
53. All grading projects require an Erosion Control Plan as part of the grading plans. A grading
permit will not be issued until and Erosion Control Plan is approved by the Engineering
Department.
54. If the project disturbs greater than one acre, a Storm Water Pollution Plan is required. A Notice
of Intent (NOI) shall be filed with the State Water Resources Control Board. When submitting
the SWPPP for the City's review, please include the NOI and the Waste Discharger
Identification (WDID) number.
55. Adjust, relocate, and/or eliminate lot lines, lots, streets, easements or other physical
improvements to comply with ordinances, policies, and standards in effect on the date the
City determined the application to be complete all to the satisfaction of the Public Works
Department.
56. Submit a LID plan and comply with all NPDES requirements.
57. When applicable, a $2,000.00 fee will be required for each storm drain catch basin adjacent
to the property to retrofit pursuant Los Angeles River Trash TMDL requirements.
58. Show clearly all existing lot lines and proposed lot lines on the plans.
59. Provide a complete boundary and topographic survey.
60. Show any easement on the plans as applicable.
61. Print all Project Conditions of Approval on all plan sets.
Traffic
62. The curb lane on both sides of Mission Drive along the project frontage is not wide enough
to allow on -street parking.
63. Left turn access to the project site on Mission Drive shall be prohibited. Left turn out of the
project site on Mission Drive shall also be restricted. The applicant shall submit a Means and
Methods to achieve this result to the satisfaction of the City Engineer.
64. The project shall delineate where guest parking is expected.
65. The applicant should submit a Trip Generation Table that shows the amount of New Traffic
to be generated by this site and justification that this project is able to screen from preparing
a project level VMT analysis (preliminary test indicated that this project is eligible to be
screened as in a LOW VMT area but textual justification that proposed land use is similar to
surrounding conditions). Following City of Rosemead Transportation Study Guidelines for
Vehicle Miles Traveled and Level of Service Assessment.
Sewer
66. If applicable, approval of this land division is contingent upon providing a separate house
sewer lateral to serve each lot of the land division.
67. Conduct a sewer capacity study per the Los Angeles County Department of Public Works
Guidelines of existing sewer facilities that serve the proposed development. The developer
shall either pay in -lieu fees equal to the estimated cost (based on Los Angeles County Land
Development Division Bond Calculation Sheets) of the proposed development's percentage
of the design capacity of the existing sewer system prior to the issuance of building permits
or provide sewer improvements to deficient sewer segments serving the subject property to
the satisfaction of the City Engineer.
68. Based on the project sewer analysis and the design capacity conditions of the existing sewer
system in relation to the proposed project, sewer main/trunk line improvements and/or in -lieu
fees shall be required.
69. All existing laterals to be abandoned shall be capped at the public right of way to the
satisfaction of the City Engineer and the Building Official of the City of Rosemead.
Utilities
70. All power, telephone, cable television, and all utilities to the project and adjacent to the project
shall be installed and relocated underground.
71. Any utilities that conflict with the development shall be relocated at the developer's expense.
72. Provide a street lighting plan and parking lot lighting plan.
Water
73. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement
from the water purveyor indicating compliance with the Fire Chiefs fire flow requirements.
74. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway
trees and 3 feet away from driveway approach.
LA County Fire Department Conditions of Approval
Final Map Requirements
75. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County
of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles
Fire Code), which requires an all-weather access surface to be clear to sky.
76. The Private Driveways proposed as private streets for access throughout the development
shall be labeled as "Private Driveway" on the Final Map. The portion of the private
driveway intended for fire apparatus access shall be identified as "Fire Lane" on the Final
Map. All widths and dimensions shall be clearly delineated with a reciprocal access
agreement is required for all private driveways. Compliance required prior to Final Map
clearance.
77. The Final Map shall be submitted to our office for review and approval prior recordation.
Water
78. Install one new public fire hydrant. Location: Mission Drive, as shown on the approved
Tentative Map dated 03/02/2022.
79. Install two private on-site fire hydrants as shown on the approved Tentative Map dated
03/02/2022.
80. The required fire flow for this project is 1000 gpm for 2 hours at 20 psi.
81. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current
AWWA standard C503 or approved equal, and shall be installed in accordance with the
County of Los Angeles Fire Code.
Mitigation Measure Conditions
Biological Resources
82. Migratory Bird Treaty Act - Prior to commencement of grading activities, the City
Building Department, shall verify that in the event that vegetation and tree removal activities
occur within the active breeding season for birds (February 1—September 15), the Project
applicant (or their Construction Contractor) shall retain a qualified biologist (meaning a
professional biologist that is familiar with local birds and their nesting behaviors) to conduct
a nesting bird survey no more than 3 days prior to commencement of construction
activities. The nesting survey shall include the Project site and areas immediately adjacent
to the site that could potentially be affected by Project -related construction activities, such
as noise, human activity, and dust, etc. If active nesting of birds is observed within 100 feet
of the designated construction area prior to construction, the qualified biologist shall
establish an appropriate buffer around the active nests (e.g., as much as 500 feet for raptors
and 300 feet for non -raptors [subject to the recommendations of the qualified biologist]),
and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile
birds can survive independently from the nests.
Cultural Resources/Tribal
83. Archaeological Monitoring - The Applicant shall retain a qualified archaeologist to
perform archaeological monitoring and the archaeologist shall be present during initial
ground -disturbing activities (e.g., site preparation and grading) to identify and assess any
known or suspected archaeological and/or cultural resource. The qualified archaeologist
shall develop a Cultural Resources Management Plan to address the details, timing, and
responsibility of all archaeological and cultural resource activities that occur on the Project
site. The plan shall include a scope of work, project grading and development scheduling,
pre -construction meeting (with consultants, contractors, and monitors), a monitoring
schedule during all initial ground -disturbance related activities, safety requirements, and
protocols to follow in the event of previously unknown cultural resources discoveries that
could be subject to a cultural resources evaluation. The plan shall be submitted to the City
and the Consulting Tribe(s) for review and comment, prior to final approval by the City.
84. Native American Monitoring - Prior to the commencement of any ground disturbing
activity at the Project site, the Project applicant shall retain a Native American Monitor
approved by the Gabrieleho Band of Mission Indians -Kith Nation. A copy of the executed
contract shall be submitted to the City of Rosemead Planning and Building Department prior
to the issuance of any permit necessary to commence a ground -disturbing activity. The
Tribal monitor shall only be present on-site during the construction phases that involve
ground -disturbing activities. Ground disturbing activities are defined by the Tribe as
activities that may include, but are not limited to, pavement removal, potholing or auguring,
grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the
Project area. The Tribal Monitor shall complete daily monitoring logs that shall provide
descriptions of the day's activities, including construction activities, locations, soil, and any
cultural materials identified. The on-site monitoring shall end when all ground -disturbing
activities on the Project site are completed, or when the Tribal Representatives and Tribal
Monitor have indicated that all upcoming ground -disturbing activities at the Project site have
little to no potential to impact Tribal Cultural Resources.
Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the
immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be
assessed. All Tribal Cultural Resources unearthed by Project activities shall be evaluated by
the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the
resources are Native American in origin, the Consulting Tribe shall retain it/them in the form
and/or manner the Tribe deems appropriate, for educational, cultural and/or historic
purposes. If human remains and/or grave goods are discovered or recognized at the Project
site, all ground disturbance shall immediately cease, and the county coroner shall be notified
per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5.
Human remains and grave/burial goods shall be treated alike per California Public Resources
Code section 5097.98(d)(1) and (2). Work may continue on other parts of the Project site
while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section
15064.5[fJ). If a non -Native American resource is determined by the qualified archaeologist
to constitute a "historical resource" or "unique archaeological resource," time allotment and
funding sufficient to allow for implementation of avoidance measures, or appropriate
mitigation, must be available. The treatment plan established for the resources shall be in
accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC
Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e.,
avoidance) is the preferred manner of treatment. If preservation in place is not feasible,
treatment may include implementation of archaeological data recovery excavations to
remove the resource along with subsequent laboratory processing and analysis. Any historic
archaeological material that is not Native American in origin shall be curated at a public,
non-profit institution with a research interest in the materials, such as the Natural History
Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to
accept the material. If no institution accepts the archaeological material, it shall be offered
to a local school or historical society in the area for educational purposes.
85. Human Remains - Should human remains be discovered during Project construction, the
Project would be required to comply with State Health and Safety Code Section 7050.5,
which states that no further disturbance may occur in the vicinity of the body until the County
Coroner has made a determination of origin and disposition pursuant to Public Resources
Code Section 5097.98. The County Coroner must be notified of the find immediately. If the
remains are determined to be prehistoric, the Coroner will notify the Native American
Heritage Commission, which will determine the identity of and notify a Most Likely
Descendant (MLD). With the permission of the landowner or his/her authorized
representative, the MLD may inspect the site of the discovery. The MLD must complete the
inspection within 48 hours of notification by the NAHC.
Paleontological
86. Incidental Discoveries - Prior to issuance of a grading permit, the City of Rosemead Planning
Department shall verify that all Project grading and construction plans and specifications state
that in the event that potential paleontological resources are discovered during excavation,
grading, or construction activities, work shall cease within 50 feet of the find until a qualified
paleontologist (i.e., a practicing paleontologist that is recognized in the paleontological
community and is proficient in vertebrate paleontology) from the City or County List of
Qualified Paleontologists has evaluated the find and established a protocol for addressing the
find, in accordance with federal and state regulations. Construction personnel shall not collect
or move any paleontological materials and associated materials. If any fossil remains are
discovered, the paleontologist shall make a recommendation if monitoring shall be required
for the continuance of earth moving activities, and shall provide such monitoring if required.
Noise
87. Construction Vibration - Project plans and specifications shall include the requirement that
that operation of any heavy equipment shall be prohibited within 15 feet of existing residences
to the north and east. If heavy equipment is necessary within 15 feet of existing structures, the
following measures shall be implemented:
a. Identify structures that could be affected by ground -borne vibration and would be
located within 15 feet of where heavy construction equipment would be used. This
task shall be conducted by a qualified structural engineer as approved by the City's
Director of Community Development or designee.
b. Develop a vibration monitoring and construction contingency plan for approval by
the City's Director of Community Development, or designee, to identify structures
where monitoring would be conducted; set up a vibration monitoring schedule;
define structure -specific vibration limits; and address the need to conduct photo,
elevation, and crack surveys to document before and after construction conditions.
Construction contingencies such as alternative methods or equipment that would
generate lower vibration levels would be identified for when vibration levels
approached the limits.
c. At a minimum, monitor vibration during initial demolition activities. Monitoring
results may indicate the need for more intensive measurements if vibration levels
approach the 0.2 PPV (in/sec) threshold.
d. When vibration levels approach the 0.2 PPV (in/sec) limit, suspend construction
and implement contingencies identified in the approved vibration monitoring and
construction contingency plan to either lower vibration levels or secure the affected
structures.
Aesthetics
88. Light and Glare - Pursuant to Municipal Code Chapter 17.88, exterior lighting shall be of low
intensity and shielded so that light will not spill out onto surrounding properties or Project
above the horizontal plane.
Air Quality
89. Rule 402 - The construction plans and specifications shall state that the Project is required to
comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule
402. The Project shall not discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment, nuisance, or annoyance to any
considerable number of persons or to the public, or which endanger the comfort, repose, health
or safety of any such persons or the public, or which cause, or have a natural tendency to cause,
injury or damage to business or property.
90. Rule 403 - The construction plans and specifications shall state that the Project is required to
comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule
403, which includes the following:
a. All clearing, grading, earth -moving, or excavation activities shall cease when winds
exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
b. The contractor shall ensure that all disturbed unpaved roads and disturbed areas
within the Project are watered, with complete coverage of disturbed areas, at least
3 times daily during dry weather; preferably in the mid-morning, afternoon, and
after work is done for the day.
c. The contractor shall ensure that traffic speeds on unpaved roads and Project site
areas are reduced to 15 miles per hour or less.
91. Rule 1113 - The construction plans and specifications shall state that the Project is required
to comply with the provisions of South Coast Air Quality Management District Rule
(SCAQMD) Rule 1113. Only "Low -Volatile Organic Compounds" paints (no more than 50
gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.
Energy
92. California Energy Code Compliance - The Project is required to comply with the 2019
California Energy Code as included in the City's Municipal Code (Chapter 12.24) to ensure
efficient use of energy. California Energy Code specifications are required to be incorporated
into building plans as a condition of building permit approval.
Geology
93. California Building Code - The Project is required to comply with the California Building
Code as included in the City's Municipal Code Chapter 15.04 to preclude significant adverse
effects associated with seismic hazards. California Building Code related and geologist and/or
civil engineer specifications for the Project are required to be incorporated into grading plans
and specifications as a condition of Project approval.
94. SWPPP - Prior to grading permit issuance, the Project developer shall have a Stormwater
Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) in
accordance with the City's Municipal Code Chapter 13.16 Stormwater Management and
Discharge Control and the Los Angeles County RWQCB NPDES Storm Water Permit Order
No. R4-2012- 0175. The SWPPP shall incorporate all necessary Best Management Practices
(BMPs) and other NPDES regulations to limit the potential of erosion and polluted runoff
during construction activities. Project contractors shall be required to ensure compliance with
the SWPPP and permit periodic inspection of the construction site by City of Rosemead staff
or its designee to confirm compliance.
Water Quality
95. Stormwater Pollution Prevention Plan - Prior to grading permit issuance, the Project
developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a
Qualified SWPPP Developer (QSD) in accordance with the City's Municipal Code Chapter
13.16 and the Los Angeles Regional Water Quality Control Board National Pollution
Discharge Elimination System (NPDES) Storm Water Permit Order No. R4-2012-0175 (MS4
Permit). The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and
other NPDES regulations to limit the potential of erosion and polluted runoff during
construction activities. Project contractors shall be required to ensure compliance with the
SWPPP and permit periodic inspection of the construction site by the City of Rosemead staff
to confirm compliance.
96. Water Quality Management Plan - Prior to grading permit issuance, the Project applicant
shall have a Water Quality Management Plan (WQMP) approved by the City for
implementation. The Project shall comply with the City's Municipal Chapter 13.16 and the
Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the
Regional Water Quality Control Board (RWQCB) at the time of grading permit to control
discharges of sediments and other pollutants during operations of the Project.
Noise
97. Construction Hours - Per Municipal Code Chapter 8.36, construction and demolition
activities may only occur between the hours of 7:00 a.m. and 8:00 p.m. on weekdays,
including Saturday. Construction activities should not take place at any time on Sunday or a
federal holiday. No person shall operate or allow the operation of any tools or equipment used
in construction, drilling, repair, or alteration or demolition work outside of these hours to
prevent noise disturbances.
98. Best Construction Practices - In addition to compliance with the City's Municipal Code
allowed hours of construction of 7:00 a.m. to 8:00 p.m., Monday through Saturday, excluding
Sunday and holidays, the following recommendations would reduce construction noise to the
extent feasible:
a. The Project construction contractor should equip all construction equipment, fixed
or mobile, with properly operating and maintained noise mufflers, consistent with
manufacturer's standards.
b. The Project construction contractor should locate staging areas away from off-site
sensitive uses during the later phases of Project development.
c. The Project construction contractor should place all stationary construction
equipment so that emitted noise is directed away from sensitive receptors nearest
the Project site whenever feasible.
Public Services
99. School Fees - Prior to the issuance of a building permit, the applicant shall provide payment
of the appropriate fees set forth by the applicable school districts related to the funding of
school facilities pursuant to Government Code Section 65995 et seq.
Utilities
100. Solid Waste - As required by Municipal Code Chapter 8.32, Section 8.32.0 10 of the 2016
California Green Building Standards Code, and AB 341 the Project shall implement a Waste
Management Plan to ensure that the construction and operational diversion requirements
would be met.
Attachment B
Original Affordable Housing Agreement
AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT (the "Agreement') is made as of
12023, by and between the CITY OF ROSEMEAD, a California municipal
corporation ("City"), and Mission Villas, LLC , a Delaware limited liability company
Homebuilder"), with reference to the following:
RECITALS
A. Homebuilder is the owner of that certain real property in the City located at 8601
— 8623 Mission Drive , as more particularly described in Exhibit A, attached hereto and
incorporated by this reference (the "Property").
B. The Property is being developed as a for -sale housing development known as
Vesting Tract Map No. 83705 (the "Project') with approximately 37 single family detached and
duplex homes, including approximately eight small lot single family homes and 29 single family
homes on a single lot.
C. The City has adopted a Homeownership Assistance Program (the "Program")
with funds from the Federal HOME Investments Partnership Program to encourage
homeownership for families who may not otherwise qualify to purchase a home. The Program
provides zero interest, forgivable, deferred subordinate deed loans to homebuyers. The Program
loans are for homes with purchase prices up to ninety-five percent (95%) of the area median
purchase price for single family housing, as set forth in the rules for the Program (currently
$807,500 for single family homes), with such maximum amount subject to annual revision.
D. The Program is intended to work in conjunction with other private, state and
federal affordable housing programs, including loans, grants and lender credits as sourced by the
primary lender, and subject to the Program terms.
E. City desires to provide loans from the Program to four Low Income Family
purchasers of homes within the Project, in order to assist those households to purchase homes at
an affordable price.
F. The Homebuilder desires to facilitate the Program by making available a total of
four small lot three-bedroom homes on lots 2, 3, 6 and 7 as more particularly described in
Exhibit B, attached hereto and incorporated by this reference (the "Designated Homes") to be
sold to Low Income Family buyers who are participants in the Program as "Affordable Units".
The remaining homes will be sold on the open market at market prices.
NOW THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. Definitions. For purposes of this Agreement, the terms listed below shall have the
meanings thereafter specified:
"Affordable Purchase Price" shall mean the maximum purchase price for a home,
which does not exceed ninety-five percent (95%) of the area median purchase price for single
family housing, in accordance with the rules for the Program. The Affordable Purchase Price is
currently $807,500 for single family homes, pursuant to the standards of the HOME Program,
and is subject to annual adjustment pursuant to the foregoing standards.
"Affordable Units" shall mean those Designated Homes which are sold to Low Income
Families at an Affordable Purchase Price in accordance with Section 4 hereof.
"Area Median Income" or "AMP' shall mean the median income for Los Angeles
County, as defined in 24 CFR Part 5, adjusted for family size, as annually established by
regulation of HUD.
"City Loans" means the loans to be made by City to the purchasers of up to four
Designated Homes within the Project pursuant to Section 2 hereof.
"Designated Homes" shall mean the four small lot homes on lots 2, 3, 6 and 7
"Eligible Household" shall mean a household or individual, as applicable, meeting the
maximum gross income levels set forth in this Agreement as adjusted for household size, and all
of the other eligibility requirements of the Program, as set forth in the Program Policies and
Procedure Manual which has been adopted by the City.
"Homebuilder" means the person or entity defined as such in the introductory paragraph
of this Agreement, and includes all successors and assigns of that person or entity.
"HUD" means the U.S. Department of Housing and Urban Development.
"Individual Purchase Agreement" means the individual purchase agreement entered
into by Homebuilder and the purchaser of a Designated Home.
"Low Income Families" means households whose gross income does not exceed eighty
(80%) percent of the AMI for Los Angeles County, adjusted by household size, as determined
annually by HUD, in accordance with the regulations of the HOME Program.
"Project" shall have the meaning set forth in Recital B.
"Program" shall have the meaning set forth in Recital C.
"Property" shall have the meaning set forth in Recital A.
2. Homeowner Loans. City agrees to make available loans to qualified purchasers
of four Designated Homes within the Project ("City Loans"), up to the maximum per-unit subsidy
amount of the Program (currently $288,094 per home). City shall make available the City Loans
to homebuyers who are Low Income Families and Eligible Households, until the later to occur of:
(a) the closing of escrow of the fourth Affordable Unit within the Project, or (b) forty-eight (48)
months following the date of non -appealable approval from the City of the Vesting Tract Map,
Zone Change and General Plan Amendment for the Project. The principal amount of each City
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Loan shall be in the amount which the City determines, in its reasonable discretion, is necessary
to enable the purchaser to purchase the Designated Home at an Affordable Purchase Price.
3. Marketing of Designated Homes. To the extent permitted by law, Homebuilder
shall exclusively market the four Designated Homes for a period of ninety days (90) days
following Homebuilder's receipt of a Conditional Public Report (Yellow) from the California
Department of Real Estate, to persons who reside and/or work within the City. Homebuilder shall
use good faith efforts to enter into Individual Purchase Agreements with Low Income Families
who are Eligible Households and who reside and/or work within the City for the Designated
Homes. Homebuilder shall provide a preference to veterans who are Lower Income Families and
who reside and/or work within the City. If qualified Lower Income Eligible Household buyers
cannot be found within this initial period, then Homebuilder, at its reasonable discretion in
consultation with City, can broaden the search for buyers beyond the City limits.
4. Initial Sale of Affordable Units.
(a) Homebuilder agrees to cooperate with the City and to follow City guidelines
and reasonably consider City recommendations in identifying Eligible Households for the
purchase of the four Designated Homes at not more than an Affordable Purchase Price
("Affordable Units").
(b) Homebuilder has no obligation to sell an Affordable Unit for less than the
maximum Affordable Purchase Price, and can decide to sell an Affordable Unit for less than the
maximum Affordable Purchase Price at Homebuilder's sole discretion.
(c) Homebuilder shall provide to the City a certification of the income of the
proposed initial purchaser of each Affordable Unit. Homebuilder shall obtain an income
certification from the proposed purchaser of the Affordable Units in one or more of the following
methods:
(i) Obtain from the proposed purchaser paycheck stubs from the
three (3) most recent months;
(ii) Obtain a true copy of an income tax return from the proposed
purchaser for the three most recent tax years;
proposed purchaser;
(iii) Obtain an income verification certification from the employer of the
(iv) Obtain an income verification certification from the Social Security
Administration and/or the California Department of Social Services if the proposed purchaser
receives assistance from such agencies; or
(v) Obtain an alternate form of income verification acceptable to the
City, in City's reasonable discretion.
(d) Homebuilder shall obtain and provide to the City a certification from the
purchaser that the purchaser shall occupy the Affordable Unit as the purchaser's primary residence,
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and which contains all of the other certifications required in accordance with the rules of the
Program.
(e) Homebuilder shall apply the same purchase terms and conditions to
potential buyers of Affordable Units as are applied to all other buyers of Project homes, except as
otherwise required to comply with this Agreement (i.e. income and other eligibility requirements).
(f) Upon receipt of the foregoing information, City shall determine, in its
reasonable discretion, whether each proposed purchaser of an Affordable Unit is eligible for a City
Loan, shall determine the maximum amount of the City Loan for which the proposed purchaser is
eligible, and shall process the application in accordance with the adopted policies and procedures
of the Program.
(g) Each approved purchaser of an Affordable Unit shall execute such
documents for the City Loan as are provided by the City, in accordance with the requirements of
the Program.
5. Property Taxes. Homebuilder and City agree to cooperate with one another
and work together with the Los Angeles County Office of the Assessor to qualify the Affordable
Units for a revised tax basis, allowing for the property tax basis to be calculated pursuant to the
county affordable program. City shall have no liability for any property tax related to the Project
homes and City shall have no liability due to the failure or inability of the Assessor's office to
provide a revised tax basis.
6. Compliance with Laws. Homebuilder shall comply with all applicable laws
relating to this Agreement and the transactions contemplated by this Agreement including, but not
limited to, laws relating to fair housing laws, including the Federal Fair Housing Act, the California
Fair Employment and Housing Act, and the Unruh Civil Rights Act.
7. Notices. Formal notices, demands, and communications between City and
Homebuilder shall be given either by personal service, by overnight courier, or by mailing in the
United States mail, certified mail, postage prepaid, return receipt requested, addressed to the
principal offices of City and Homebuilder, as follows:
If to Homebuilder(s):
Mission Villas, LLC, care of
Borstein Enterprises
11766 Wilshire Boulevard, Suite 820
Los Angeles, CA 90025
Attn: Erik Pfahler, Senior Vice President
If to City:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attention:
H
Notices shall be considered effective upon receipt, if given by personal delivery; the earlier
of (i) three (3) business days after deposit with United States Mail postage prepaid and properly
addressed, or (ii) the date of actual receipt as evidenced by the return receipt, if delivered by
certified mail; and one (1) day after deposit with the delivery service, if delivered by overnight
guaranteed delivery service postage prepaid and properly addressed. Each party shall promptly
notify the other party of any change(s) of address to which notice shall be sent pursuant to this
Agreement.
8. Homebuilder's Obligation to Refrain From Discrimination. There shall be no
discrimination against or segregation of any person, or group of persons, on account of race, color,
religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national
origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic
information of any person in the sale, transfer, use, occupancy, tenure or enjoyment of the Project
homes, nor shall Homebuilder itself or any person claiming under or through it establish or permit
any such practice or practices of discrimination or segregation with reference to the selection,
location, use or occupancy of Eligible Household purchasers of the Affordable Units.
9. Conflict of Interest; No Individual Liability. No official or employee of the City
shall have any personal interest, direct or indirect, in this Agreement, nor shall any official or
employee of the City participate in any decision relating to this Agreement which affects such
official's or employee's pecuniary interest in any corporation, partnership or association in which
such official or employee is directly or indirectly interested. No official or employee of the City
shall be personally liable in the event of a breach of this Agreement by the City.
10. No Employee Eligibility. No City employee or City official or their Relative(s)
shall be eligible to participate in purchasing a Designated Home. "Relative" for these purposes
means a spouse, parent or child.
11. Modification. This Agreement may be modified only by subsequent mutual
written agreement executed by City and Homebuilder or their successors.
12. Governing Law. The laws of the State of California shall govern this Agreement.
Any legal action brought under this Agreement must be instituted in the Superior Court of the
County of Los Angeles, State of California.
13. Assignment of Agreement. This Agreement shall be assignable by Homebuilder
in connection with the sale or transfer of the Project and assumption by the transferee of all
obligations arising from this Agreement. Assignee shall assume the entirety of this Agreement,
including all obligations and Homebuilder shall ensure any assignment shall include all such
requirements of this Agreement. Any assignment of this Agreement shall be preceded by 30 day
notice to City.
14. Severability. Every provision of this Agreement is intended to be severable. If
any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent
jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be
affected or impaired.
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15. Entire Agreement. This Agreement constitutes the entire agreement between the
parties, and integrates all of the terms and conditions mentioned herein or incidental hereto and
supersedes all negotiations or previous agreements between the parties regarding all or any part of
the subject matter thereof.
16. Counterparts. This Agreement may be signed in multiple counterparts, which,
when signed by all parties, shall constitute a binding agreement.
M
IN WITNESS WHEREOF, the City and Homebuilder have caused this instrument to be
executed on their behalf by their respective officers hereunto duly authorized as of date first
written above.
City:
CITY OF ROSEMEAD,
a California municipal corporation
By:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
HOMEBUILDER:
MISSION VILLAS, LLC,
a Delaware limited liability company
By: BORSTEIN ENTERPRISES,
a California corporation
its Sole Member
M
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5200621.4
EXHIBIT A
LEGAL DESCRIPTION
Parcel I
That portion of Lot 12 in Black 2 of Rosemead, in the City of Rosemead, County of Los Angeles. State of
California, as per map recorded in Book 12 Page 194 of Maps. in the office of the County Recorder of said County.
described as follows:
Beginning at a point in the southwesterly line of said Int, distant thereon North 64' 21' 00" West 229.87 foci from
the southeast corner of said loL thence North 28' 53' 15' East 162.14 fed: thence North 89' 02' 15-' Last. 124.80
feel to a point in the easterly lire of said lot: thertce along said easterly lite North 00' S7' 45- West 457.92 feet.
more or less, to the most southerly comer of the land described in Deed to I beodore Swan. recorded in Bonk 14316
Page 314. Official Records of said County: thence along the southwesterly line of the land described in said Deed.
North 64' 21'00- West 19456 feet io a point in the easterly lime of the Southem C.lifemi:t Edison Compam's right
of way, shown as Parcel No. 19 on Licensed Sun eyor's Map filed in Book 30 Page 4. Record of Surveys. in the
office of the County Recorder of said Counts; thence along said easterly line. South 00' 22'01" East 254.20 feel to
an angle point in said easterly line of said Parcel No. 19; thence continuing along said easterly line and the
prolongation thereof South 28° 53' IV West. 399.39 fed to a point in the southwesterly line of said Lot 12: thence
along said south%%cstcrk line South 64' 21'00- East 190.00 feet to the point of beginning.
APNs: 5389-009-030 and a portion of 5389 -ON -031
Parcel 2:
That portion of Lot 12 in Block 2 of Rosemead, in the City of Rosemead. County of Los Angeles. State of
California, as per map recorded in Book 12 Page 194 of Maps. in the office of the County Recorder of said County.
described as follows:
Beginning at a point in the easterly line of said Lot 12, distant thereon South 0' 33' 49" East 253.68 feet from the
nor flicast comer of said Lot 12: thence North 64' 04' 21" West. parallel with the nortledy line of said lot. a distance
of 194.56 feet, more or less, to the intersection with the easterly line of the right of way of the Southern California
Edison Company as shown on map of Record% of Survey filed in Book 30 Pages I to 7, inclusive of Records of
Sun -Lys. records of said County; thence North 890 55' 39" Fast 173.95 feet to a point in the easterly line of said lot
distant thereon North 00 35' 19- East 85.23 fist from the point of beginning; thctttx South o` 35' 49" West 85.2 3,
feet to the point of beginning.
APN: 5389.009-031 (REMAINDER OFn
Parcel 3:
That portion of Parcel 2, in the City of Rosemead. County of Los Angeles. State of California. as shown on the
Record of Survey Slap filed in Book 52 Page 27 of Record of Surveys, in the office of the County Recorder of said
County, described as follows:
Beginning at a point in the southwest line of said parcel which is distant North 64' 21' (I()" West 169.87 feet from
the southeast corner of said parcel: thence oontinuing along said southwest lite North 64' 21'00- West 60 0) rect to
the southwesterly corner of said Parcel 2; thence along the westerly line of said parcel North 28' 53' 15" East
162.14 feet to the northwesterly comer of said Parcel 2: thence along the northerly line of said parcel North 89' 02'
15" Fast 38.00 feet to a point in the said northerly line which is South 89' 02' 15' West 86.80 feet from the
northeast comer of said parcel thence southwesterly in a direct line to the point of beginning.
APN:5389.009.029
I M.
EXHIBIT B
SITE MAP
u
Attachment C
Revised Affordable Housing Agreement
AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT (the "Agreement') is made as of
2023, by and between the CITY OF ROSEMEAD, a California municipal
corporation ("City"), and Mission Villas, LLC , a Delaware limited liability company
Homebuilder"), with reference to the following:
RECITALS
A. Homebuilder is the owner of that certain real property in the City located at 8601
— 8623 Mission Drive , as more particularly described in Exhibit A, attached hereto and
incorporated by this reference (the "Property").
B. The Property is being developed as a for -sale housing development known as
Vesting Tract Map No. 83705 (the "Projeet') with approximately 37 single family detached and
duplex homes, including approximately eight small lot single family homes and 29 single family
homes on a single lot.
C. The City has adopted a Homeownership Assistance Program (the "Program")
with funds from the Federal HOME Investments Partnership Program to encourage
homeownership for families who may not otherwise qualify to purchase a home. The Program
provides zero interest, forgivable, deferred subordinate deed loans to homebuyers. The Program
loans are for homes with values of up to ninety-five percent (95%) of the area median purchase
price for single family housing, as set forth in the rules for the Program (currently $807,500 for
single family homes), with such maximum amount subject to annual revision.
D. The Program is intended to work in conjunction with other private, state and
federal affordable housing programs, including loans, grants and lender credits as sourced by the
primary lender, and subject to the Program terms.
E. City desires to provide loans from the Program to four Low Income Family
purchasers of homes within the Project, in order to assist those households to purchase homes at
an affordable price.
F. The Homebuilder desires to facilitate the Program by making available a total of
four small lot three-bedroom homes on lots 2, 3, 6 and 7 as more particularly described in
Exhibit B, attached hereto and incorporated by this reference (the "Designated Homes") to be
sold to Low Income Family buyers who are participants in the Program as "Affordable Units".
The remaining homes will be sold on the open market at market prices.
NOW THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. Definitions. For purposes of this Agreement, the terms listed below shall have the
meanings thereafter specified:
"Affordable Purchase Price" shall mean the maximum purchase price for a home,
which does not exceed ninety-five percent (95%) of the area median purchase price for single
family housing, in accordance with the rules for the Program. The Affordable Purchase Price is
currently $807,500 for single family homes, pursuant to the standards of the HOME Program,
and is subject to annual adjustment pursuant to the foregoing standards The date of execution of
the purchase and sales agreement shall be the date used to determine the applicable maximum
purchase price.
"Affordable Units" shall mean those Designated Homes which are sold to Low Income
Families at an Affordable Purchase Price in accordance with Section 4 hereof.
"Area Median Income" or "AMP' shall mean the median income for Los Angeles
County, as defined in 24 CFR Part 5, adjusted for family size, as annually established by
regulation of HUD.
"City Loans" means the loans to be made by City to the purchasers of up to four
Designated Homes within the Project pursuant to Section 2 hereof.
"Designated Homes" shall mean the four small lot homes on lots 2, 3, 6 and 7.
"Eligible Household" shall mean a household or individual, as applicable, meeting the
maximum gross income levels set forth in this Agreement as adjusted for household size, and all
of the other eligibility requirements of the Program, as set forth in the Program Policies and
Procedure Manual which has been adopted by the City.
"Homebuilder" means the person or entity defined as such in the introductory paragraph
of this Agreement, and includes all successors and assigns of that person or entity.
"HUD" means the U.S. Department of Housing and Urban Development.
"Individual Purchase Agreement" means the individual purchase agreement entered
into by Homebuilder and the purchaser of a Designated Home.
"Low Income Families" means households whose gross income does not exceed eighty
(80%) percent of the AMI for Los Angeles County, adjusted by household size, as determined
annually by HUD, in accordance with the regulations of the HOME Program.
"Project" shall have the meaning set forth in Recital B.
"Program" shall have the meaning set forth in Recital C.
"Property" shall have the meaning set forth in Recital A.
2. Homeowner Loans. City agrees to make available loans to qualified purchasers
of four Designated Homes within the Project ("City Loans"), up to the maximum per-unit subsidy
amount of the Program (currently $288,094 per home, subject to annual revision). City shall make
available the City Loans to homebuyers who are Low Income Families and Eligible Households,
until the later to occur of. (a) the closing of escrow of the fourth Affordable Unit within the Project,
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or (b) forty-eight (48) months following the date of non -appealable approval from the City of the
Vesting Tract Map, Zone Change and General Plan Amendment for the Project. The principal
amount of each City Loan shall be in the amount which the City determines, in its reasonable
discretion, is necessary to enable the purchaser to purchase the Designated Home at an Affordable
Purchase Price.
3. Marketing of Designated Homes. To the extent permitted by state and federal
fair housing laws, specifically without limitation California Government Code Section 12955,
Homebuilder, for a period of for sixty (60) days following Homebuilder's receipt of a Preliminary
Public Report (Pink Report) from the California Department of Real Estate, shall use good faith
efforts to market and qualify Eligible Low -Income Households, that are veterans or persons of
military status, for the four Designated Homes. After this initial Sixty (60) day period, then
Homebuilder, for the next sixty (60) day period, at its reasonable discretion in consultation with
City, and to the extent permitted by state and federal fair housing laws, shall, using good faith
efforts, expand the marketing and qualifying of eligible households for the four Designated Homes
to include Eligible Low -Income Households that reside in City of Rosemead. If Homebuilder has
not obtained sufficient Eligible Low -Income Households during the one hundred twenty (120) day
period described above, then Homebuilder may broaden the marketing of the Designated Homes
to persons beyond the foregoing groups. Upon receipt of a Conditional Public Report (Yellow
Report), Homebuilder shall use good faith efforts to enter into Individual Purchase Agreements
with the selected Eligible Households on a first come first served basis.
4. Initial Sale of Affordable Units.
(a) Homebuilder agrees to cooperate with the City and to follow City guidelines
and reasonably consider City recommendations in identifying Eligible Households for the
purchase of the four Designated Homes at not more than an Affordable Purchase Price
("Affordable Units").
(b) Homebuilder has no obligation to sell an Affordable Unit for less than the
maximum Affordable Purchase Price except in the case where the appraisal is for less than the
Affordable Purchase Price, and can decide to sell an Affordable Unit for less than the maximum
Affordable Purchase Price at Homebuilder's sole discretion.
(c) Homebuilder shall provide to the City a certification of the income and
support documentation of the proposed initial purchaser of each Affordable Unit. Homebuilder
shall obtain income documentation from the proposed purchaser of the Affordable Units in
accordance with 24 CFR Part 5 (Part 5 annual income). The City will review income
documentation obtained by Homebuilder to confirm compliance with 24 CFR Part 5. Income
documentation includes but is not limited to all of the following:
(i) Obtain from the proposed purchaser paycheck stubs from the
three (3) most recent months;
(ii) Obtain a true copy of an income tax return from the proposed
purchaser for the three most recent tax years;
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(iii) Obtain an income verification certification from the employer of the
proposed purchaser;
(iv) Obtain an income verification certification from the Social Security
Administration and/or the California Department of Social Services if the proposed purchaser
receives assistance from such agencies; or
(v) Obtain an alternate form of income verification acceptable to the
City, in City's reasonable discretion.
(vi) Obtain copies of most recent 6 months checking and most recent
savings, and other asset accounts.
(vii) Obtain additional documentation to meet the requirements of 24
CFR Part 5 (Part 5 annual income).
(d) Homebuilder shall obtain and provide to the City a certification from the
purchaser that the purchaser shall occupy the Affordable Unit as the purchaser's primary residence,
and which contains all of the other certifications required in accordance with the rules of the
Program.
(e) Homebuilder shall apply the same purchase terms and conditions to
potential buyers of Affordable Units as are applied to all other buyers of Project homes, except as
otherwise required to comply with this Agreement (i.e. income and other eligibility requirements).
(f) Upon receipt of the foregoing information, City shall determine, in its
reasonable discretion, whether each proposed purchaser of an Affordable Unit is eligible for a City
Loan, shall determine the maximum amount of the City Loan for which the proposed purchaser is
eligible, and shall process the application in accordance with the adopted policies and procedures
of the Program.
(g) Each approved purchaser of an Affordable Unit shall execute such
documents for the City Loan as are provided by the City, in accordance with the requirements of
the Program.
5. Property Taxes. Homebuilder and City agree to cooperate with one another
and work together with the Los Angeles County Office of the Assessor to qualify the Affordable
Units for a revised tax basis, allowing for the property tax basis to be calculated pursuant to the
county affordable program. City shall have no liability for any property tax related to the Project
homes and City shall have no liability due to the failure or inability of the Assessor's office to
provide a revised tax basis.
6. Compliance with Laws. Homebuilder shall comply with all applicable laws
relating to this Agreement and the transactions contemplated by this Agreement including, but not
limited to, laws relating to fair housing laws, including the Federal Fair Housing Act, the California
Fair Employment and Housing Act, and the Unruh Civil Rights Act.
M
7. Notices. Formal notices, demands, and communications between City and
Homebuilder shall be given either by personal service, by overnight courier, or by mailing in the
United States mail, certified mail, postage prepaid, return receipt requested, addressed to the
principal offices of City and Homebuilder, as follows:
If to Homebuilder(s):
Mission Villas, LLC, care of
Borstein Enterprises
11766 Wilshire Boulevard, Suite 820
Los Angeles, CA 90025
Attn: Erik Pfahler, Senior Vice President
If to City:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attention:
Notices shall be considered effective upon receipt, if given by personal delivery; the earlier
of (i) three (3) business days after deposit with United States Mail postage prepaid and properly
addressed, or (ii) the date of actual receipt as evidenced by the return receipt, if delivered by
certified mail; and one (1) day after deposit with the delivery service, if delivered by overnight
guaranteed delivery service postage prepaid and properly addressed. Each party shall promptly
notify the other party of any change(s) of address to which notice shall be sent pursuant to this
Agreement.
8. Homebuilder's Obligation to Refrain From Discrimination. There shall be no
discrimination against or segregation of any person, or group of persons, on account of race, color,
religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national
origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic
information of any person in the sale, transfer, use, occupancy, tenure or enjoyment of the Project
homes, nor shall Homebuilder itself or any person claiming under or through it establish or permit
any such practice or practices of discrimination or segregation with reference to the selection,
location, use or occupancy of Eligible Household purchasers of the Affordable Units.
9. Conflict of Interest; No Individual Liability. No official or employee of the City
shall have any personal interest, direct or indirect, in this Agreement, nor shall any official or
employee of the City participate in any decision relating to this Agreement which affects such
official's or employee's pecuniary interest in any corporation, partnership or association in which
such official or employee is directly or indirectly interested. No official or employee of the City
shall be personally liable in the event of a breach of this Agreement by the City.
10. No Employee Eligibility. No City employee or City official or their Relative(s)
shall be eligible to participate in purchasing a Designated Home. "Relative" for these purposes
means a spouse, parent or child.
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11. Modification. This Agreement may be modified only by subsequent mutual
written agreement executed by City and Homebuilder or their successors.
12. Governing Law. The laws of the State of California shall govern this Agreement.
Any legal action brought under this Agreement must be instituted in the Superior Court of the
County of Los Angeles, State of California.
13. Assignment of Agreement. This Agreement shall be assignable by Homebuilder
in connection with the sale or transfer of the Project and assumption by the transferee of all
obligations arising from this Agreement. Assignee shall assume the entirety of this Agreement,
including all obligations and Homebuilder shall ensure any assignment shall include all such
requirements of this Agreement. Any assignment of this Agreement shall be preceded by 30 day
notice to City.
14. Severability. Every provision of this Agreement is intended to be severable. If
any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent
jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be
affected or impaired.
15. Entire Agreement. This Agreement constitutes the entire agreement between the
parties, and integrates all of the terms and conditions mentioned herein or incidental hereto and
supersedes all negotiations or previous agreements between the parties regarding all or any part of
the subject matter thereof.
16. Counterparts. This Agreement may be signed in multiple counterparts, which,
when signed by all parties, shall constitute a binding agreement.
ES
IN WITNESS WHEREOF, the City and Homebuilder have caused this instrument to be
executed on their behalf by their respective officers hereunto duly authorized as of date first
written above.
City:
CITY OF ROSEMEAD,
a California municipal corporation
By:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
HOMEBUILDER:
MISSION VILLAS, LLC,
a Delaware limited liability company
By: BORSTEIN ENTERPRISES,
a California corporation
its Sole Member
By:
-7-
5200621.4
EXHIBIT A
LEGAL DESCRIPTION
Parcel 1
That portion of Lot 12 in Block 2 of Rosemead, in the City of Rosemead. County of Los Angeles. State of
California. as per map recorded in Book 12 Page 194 of Maps, in the office of the County Recorder of said County.
described as follows:
Beginning at a point in the southwesterly line of said lot, distant thereon North 63' 21' 00" Wcst 229.87 foci from
the southeast corner of said lot: thence North 28" 53' 15" East 162.14 feet: thence North 89"02' 15" East 124.80
feel to a point in the easterly litre of said lot: thence along said easterly litre North 00' 57' 45' West 457.92 feet.
more or less, to the most southerly comer of the land described in [ked to Theodore Swan. recorded in Book 14446
Page 314. Official Records of said County: thence along the southwesterly line of the land described in said Deed.
North 64' 21' 00" West 194 56 feel to a point in the easterly lite of the Southern California Edison Company's right
of way, shown as Parcel No. 19 on Licensed Sun eyor's Map filed in Book 30 Pace 4. Record of Surveys. in the
office of the County Recorder of said Counh; thence along said easlerh lite, South 00' 22'01" East 254.20 feel to
an angle point in said easterly line of said Parcel No. 19: thence continuing along said easterly line and the
prolongation thereof South 28" 53' IS" West. 399.39 feet to a point in the southwesterly line of said Lot 12: thence
along said southwesterly lite South 64' 21' 00" East 190.00 feel to the point of beginning.
APNs: 5389-009-030 and a portion of 5389-009-031
Parcel 2:
That portion of Lot 12 in Block 2 of Rosemead, in the City of Rosemead. County of Los Angeles. State of
California. as per map recorded in Book 12 Page 194 of Maps, in the office of the County Recorder of said County.
described as follows:
Beginning at a point in the easterly line of said Lot 12, distant thereon South 00 35' 44" East 254.68 feet from the
northeast comer of said Lot 12: thence North 64" 04' 21" West, parallel with the tonhcdy line of said lot. a distance
of 194.56 feet, more or less. to the intersection with the easterly line of the right of way of the Southern California
Fdison Company as shown on map of Records of Survey filer) in Book 30 Pages I to 7, inclusive of Records of
Surveys, records of said Counts; thence North 890 55' 39" East 173.95 feet to a point in the easterly line of said lot
distant thereon North 0' 35' 49' East 8523 feet from the point of begitming: thence South 0` 35' 49" West 85,23
feet to the point of beginning.
APN- 5389-109-031 (REMAINDER OFt
Parcel 3:
That portion of Parcel 2, in the City of Rosemead. County of Los Angeles. State of California. as shown on the
Record of Survey Map filed in Book 52 Page 27 of Record of Surveys. in the office of the County Recorder of said
County- described as follows:
Beginning at a point in the southwest line of said parcel which is distant North 64` 21' (R)" West 169.87 feet from
the southeast corner of said parcel: thence continuing along said southwest line North 64" 21' 00" West 6000 feet to
the southwesterly corner of said Parcel 2; thence along the westerly line of said parcel North 28' 53' 15-- East
162.13 feet to the northwesterly corner of said Parcel 2: thence along the northerly line of said parcel North 89' 02'
14;" East 38.00 feet to a point in the said northerly lire which is South 89° 02- 11' West 86.80 feet from the
northeast comer of said parcel: thence southwesterly in a direct line to the point of beginning.
APN: 5389-(1(19.029
EXHIBIT B
SITE MAP
0