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PC - Item 6A - Staus Update of Wal-Mart Conditions of ApprovalROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MAY 18, 2009 SUBJECT: STATUS UPDATE OF WAL-MART CONDITIONS OF APPROVAL SUMMARY On September 8, 2004, the City Council approved. the Wal-Mart development and adopted a comprehensive list of project conditions, as well as a Mitigation Monitoring Plan (MMP). On December 13, 2005, a revised Final Environmental Impact Report was certified in accordance with the California Environmental Quality Act requirements. Condition of approval No. 59 requires that the Planning Commission conduct an annual review of Wal-Mart's operation to ensure compliance with all conditions of approval and mitigation measures outlined in the MMP. The City of Rosemead Planning Commission conducted a second annual review of Wal-Mart's operation on March 16, 2009. Staffs report to the Commission indicated that the applicant had demonstrated an outstanding effort to satisfy all conditions of approval. However, staff directed Wal-Mart's attention to Planning conditions of approval numbers 7, 20, and 45. These conditions specifically relate to the screening of mechanical equipment, the maintenance of parkway and onsite landscaping, and business licensing requirements. In addition to these matters, staff provided a follow-up report on the noise issue that was believed to result from the pad-mounted transformer located on Delta Avenue. At the March 16, 2009 Planning Commission meeting, members of the Commission expressed their concerns that the review of several conditions of approval had not been adequately met. Specifically, the Commission requested staff to document that there may have been past violations of Planning conditions of approval numbers 11, 20, 23, 35, 39, 43, and 46, and City Engineer's condition of approval numbers 22 and 31. These conditions of approval pertain to hours of construction, screening of mechanical/utility equipment, screening of roof-top equipment, location of facilities and wires for the supply of electrical energy, allowable lighting fixture, regulation of truck deliveries, access from Delta Avenue, reconstruction of damaged curb, gutter and sidewalk, and delivery access from Rush Street. The Commission also requested additional clarification on Planning condition of approval number 54, which relates to the Planning Commission Meeting May 18, 2009 Page 2 of 10 store's hours of operation and City Engineer's condition of approval number 51, which relates to drive-through facilities proposed at any fast food restaurant. Lastly, it was indicated that additional background information should be provided in the review of the mitigation measures 4.2.1, 4.2.2, 4.2.4, 4.2.5, 4.2.6, 4.2.9, 4.4.3, and 4.4.13. These mitigation measures are required to mitigate potential earth resources and air quality impacts. A copy of the complete MMP has been included in this report as Exhibit "A." The purpose of this memorandum is to address the above concerns of the Planning Commission with respect to Wal-Mart's compliance, to review issues raised during the Planning Commission meeting, as well as matters included as part of written comments received from the Commissioners. ANALYSIS The following is an update on the specific conditions of approval and mitigation measures, which the Planning Commission directed staff to address during the follow- up review of Wal-Mart's operation. Certificate of Occupancy and Business License Requirements Planning Condition of Approval No. 7 requires that the Developer shall obtain a Certificate of Occupancy permit and any applicable City of Rosemead business licenses prior to beginning business operations. The Planning Director may issue a temporary Certificate of Occupancy to allow the store to be set up and stocked prior to opening if all safety conditions have been satisfied. A final Certificate of Occupancy shall be required prior to the store being opened to the public. During Wal-Mart's last review staff reported that Jackson Hewitt was operating without a Business Certificate of Occupancy, and that Da-Vi Nails did not have a business license. As of May 7, 2009, both businesses currently have the appropriate license. Mechanical Equipment Screening Planning Condition of Approval No. 20 requires that all ground level mechanical/utility equipment (including meters, back flow preservation 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. The Director of Planning shall approve said screening prior to installation. At the March 16th meeting, staff reported that the applicant has satisfied this condition with the exception of an electrical transformer along Delta Street that is currently visible to the public. Planning Commission Meeting May 18, 2009 Paqe 3 of 10 Wal-Mart has hired Pathways National Paving Association (PNPA), a parking lot and landscape contractor, to renovate all landscaping onsite. The work order includes installing new hermerocallis, a short flowering shrub, and flats of red apple ice plant around the equipment near the Rush Street driveway entrance and additional star jasmine and agapanthus around the pad-mounted transformer. To ensure that the transformer is adequately screened from view, staff has directed Wal-Mart to allow the existing wax privet plants around the transformer to continue to grow into a full hedge to the height of the existing railing along the sidewalk. Parking Lot, Onsite Landscaping and Parkway Landscaping Maintenance Planning Condition of Approval No. 45 requires that CC&Rs requiring maintenance of the parking lots, landscaped areas and parkway landscaping on parcels 1, 2 and 3 shall be recorded. The CC&Rs establishing the association shall be submitted for review and approval by the City prior to recordation of the parcel map. These provisions of the CC&Rs may not be amended or deleted without the prior written consent of the City. The City shall be a third party beneficiary to the CC&Rs and shall have the right to enforce these requirements. During Wal-Mart's last review, staff noted that significant landscape maintenance was necessary. Staff specifically directed Wal-Mart's attention to "leaning" pepper trees along Rush Street and Delta Avenue, perimeter landscaping along Delta Avenue, Rush Street, and Walnut Grove Avenue, parking lot planters on the northeast portion of the site, potted plants at the store entrance, parkway trees along Rush Street and Delta Avenue, and maintenance of the irrigation system. As mentioned earlier in this report, Wal-Mart has hired PNPA to renovate all onsite landscaping. The contractor has met with City staff to discuss proposed improvements and to ensure that the original landscape plan for the development is followed. New pepper trees are proposed to be installed along Rush Street and Delta Avenue, one magnolia tree will be replaced within the parkway on Delta Avenue, and new magnolia trees will be installed within the parkway on Rush Street. The work order also includes repairing irrigation, cleaning up perimeter landscaping, and planting new materials to screen mechanical equipment visible from the public right-of-way. The initial landscape improvements began on May 5, 2009, and should be completed within approximately 30 days. Noise At the March 16th Planning Commission meeting, staff reported that a recent noise study completed by Wal-Mart indicated that the Edison transformer located along the west property line, adjacent to Delta Avenue, may be emitting noise that exceeds the City standards. Planning Commission Meeting May 18, 2009 Page 4 of 10 Over the last several weeks, Wal-Mart has been collaborating with Edison to perform additional tests on the transformer. On May 11, 2009, Edison performed a final test and prepared a "Noise Level Field Measurement" report. A copy of this report has been attached as Exhibit "B." The City received this report May 13, 2009. According to the report, all noise being emitted by the transformer is in compliance with the City's noise ordinance. However, the report indicates that there was a significant amount of noise being emitted by the Wal-Mart's main circuit breaker and air conditioning equipment. Staff is in the process of addressing the results of this recent noise study with Wal-Mart, and will provide the Commissioners an update on the matter once further analysis is completed. Conditions Requested for Review by the Planning Commission Planning Condition of Approval No. 11 requires the hours of construction shall be limited from 7 a.m. to 8 p.m. Monday - Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. At the March 16th meeting, members of the Planning Commission indicated that there were numerous reports of after-hours activity during initial construction of the Wal-Mart site in 2006. Staff reviewed the Planning Division's records and found that several complaints were received regarding potential violations of this condition. According to a Los Angeles County Sheriffs report, construction occurred at the Wal-Mart site after 8:00 p.m. on May 18, 2006. On May 25, 2006, the City Attorney issued a written notice to Wal-Mart to "cease and desist" all construction activities after 8:00 p.m. Wal-Mart recently completed an interior tenant improvement, which included the interior remodel of the pharmacy, vision center, restrooms, the construction of a new photo lab, and the installation of a pizza oven. During these tenant improvements, Wal-Mart was in compliance with this condition. Therefore, Wal-Mart is currently is compliance with this condition of approval. Planning Condition of Approval No. 20 requires all ground level mechanical/utility equipment (including meters, back flow preservation 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. The Director of Planning shall approve said screening prior to installation. A comprehensive landscape plan for the Wal-Mart development was approved by the Planning Division on December 5, 2005. This plan indicates that ground level mechanical/utility equipment was to be screened with landscaping. Planning Commission Meeting May 18, 2009 Page 5 of 10 As mentioned earlier in this report, PNPA is currently renovating all landscaping including additional plantings to screen all mechanical equipment. Planning Condition of Approval No. 23 states that there shall be no roof mounted equipment extending above the parapet wall of the building. A line of sight analysis to ensure zero visibility of roof top equipment shall be submitted to the Planning Division for review and approval. Although this is a construction condition of approval which was deemed satisfied by the issuance of the Building Certificate of Occupancy on September 20, 2006, there was discussion at the March 16th Planning Commission meeting questioning the compliance. On June 19, 2007, the Planning Division received line-of-sight photograph mock-ups of views looking northeast and southeast towards the development. The photograph mock-ups were taken from a 16 foot level from the back of a truck. Staff completed a site inspection on May 11, 2009, and verified that the only mechanical equipment that is visible from the public right-of-way, adjacent to the development, is that of the security surveillance equipment that was required in Planning Condition of Approval number 6. Staff acknowledges that there may be equipment visible from Angeles Avenue and Delta Avenue, approximately 400 feet from the southwest and northwest corners of the Wal-Mart site. However, the equipment is visible from these locations due to their elevation, not because the equipment exceeds the height of the parapet wall. Thus, it is staffs opinion that Wal-Mart is in compliance with this condition of approval. Planning Condition of Approval No. 35 states that all utilities shall be placed underground including facilities and wires for the supply and distribution of electrical energy, telephone, cable television etc. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. According to the Planning Division's records, staff never intended that the transformer be placed underground. This is evidenced by a letter dated July 24, 2006, from Assistant City Manager Don Wagner to a Southern California Edison representative in which he states that "the condition of approval for the project that relates to undergrounding of utilities does not require the pad-mounted transformer to be installed underground." This letter was issued prior to the transformer's installation. A copy of this letter was submitted to the Planning Commission during the first annual Wal-Mart review on April 21, 2008. However, since 2006, there has been some debate over whether Wal-Mart should have placed the transformer underground. According to a letter from Southern California Edison, dated February 20, 2008, given the size of service that Wal-Mart requires (3000AMP service 277/480V 3P4W), it was essential to install a large transformer to accommodate the load. The letter also states that these transformers are not readily Planning Commission Meeting May 18, 2009 Page 6 of 10 available for below ground operation. At a Planning Commission Meeting on April 21, 2008, Commissioners requested clarification from Edison as to the meaning Edison's use of "readily available." Edison has stated in discussions with the City that they do not have a standard transformer to provide the volume of service required by Wal-Mart other than the above ground, pad-mounted type currently in use. On March 16, 2009, members of the Planning Commission discussed whether Wal-Mart should have this condition of approval revised to address the transformer's current placement. However, because this condition was deemed satisfied by the issuance of the Building Certificate of Occupancy on September 20, 2006, staff believes it may no longer be legally appropriate to require modifications to the condition or the transformer. Planning Condition of Approval No. 39 states that the developer shall install the type of lights identified in the mitigation monitoring program. Downlit fixtures shall be used to shield light emissions onto adjoining properties. The overall height of the light pole and fixture shall not exceed 24 feet. The poles shall be steel, aluminum, or other similar approved material. The style of the poles shall compliment the fixture design. All wall pack fixtures must be cutoff (shielded) fixtures. Written comments received from one Commissioner who indicated that light was spilling onto adjacent properties, prompted staff to investigate the matter. This condition is a development condition of approval that requires the parking light fixtures to be downlit and all wall pack fixtures to be cutoff (fully shielded) fixtures. The Planning Division reviewed a photometric survey of the proposed lighting prior to approving the electrical plan. Staff never intended that Wal-Mart not have any light spill over property lines. In fact, the photometric survey indicated that light would emit beyond the property line. The survey also indicated that the intensity is lower at the property lines than locations directly beneath the light standards. This condition was reviewed by the Planning Division when staff completed the final inspection at the end of the construction of Wal-Mart. The formal sign-off on Wal-Mart's permits by City staff constitutes approval both the Planning and Building and Safety Divisions requirements. Planning Condition of Approval No. 43 states that truck deliveries shall not occur between 10 p.m. to 6 a.m. the following day and routing shall be approved by the Planning Department. Members of the Planning Commission indicated that reports from residents indicate that this condition of approval has been violated in the past, and therefore, should be noted in this report. An updated incident report from the Los Angeles County Sheriffs Department, dated February 26, 2009, indicated that the applicant is in compliance with this condition. A Planning Commission Meeting May 18, 2009 Paoe 7 of 10 copy of this report was presented to the Planning Commission on March 16, 2009. Furthermore, the City has not received any complaints of violation of this condition since the date of the Sheriffs incident report. Planning Condition of Approval No. 46 states that no access to the site shall be provided from Delta Avenue. Wal-Mart is currently in compliance with this condition of approval. However, it was requested by the Commission to note that the Planning Division did receive complaint notices from residents indicating that there was access from Delta Avenue during the construction of the Wal-Mart development. Staff acknowledges that there was some debate over the interpretation of this condition of approval during the construction of Wal-Mart. However, Planning Division records indicate that staff had always considered this condition of approval to be an operational condition (referring to the actual operation of the store). Section 4.5.2 of the Mitigation Monitoring Plan states that "to minimize the noise impact of the construction activities, construction equipment access to the project site should be taken, to the extent possible, from Walnut Grove Avenue, away from the noise sensitive receptors along Delta Street." Planning Condition of Approval No. 54 states Until s U^h U me as the greGeFy the hours of operation of the major tenant shall be limited to 8 a.m. to 10 p.m., except during Christmas season, in which case the hours of operation may be extended to midnight. the major- tenant may operate en a 24 hour- basis. (Revised Final Environmental Impact Report, December 13, 2005) Staff inadvertently added the September 8, 2004, version of condition of approval No. 54 instead of the revised condition which was stated in the Final Environmental Impact Report, dated December 13, 2005, in the last Wal-Mart review report. The correct Condition of Approval No. 54 is indicated above. Soon after the City's approval of the project in 2004, a legal challenge to the EIR was heard in Los Angeles County Superior Court. The Court's judgment, issued in August 2005, found that the EIR did not adequately analyze potential impacts from a 24-hour operation, as well as address alternative sites for the project. Following this judgment Wal-Mart withdrew its request for 24-hour operation and recorded a restrictive covenant on the property guaranteeing that no 24-hour operation of the Wal-Mart store will be allowed without further environmental review. City Engineer's Condition of Approval No. 22 states that damaged curb, gutter and sidewalk along Delta Avenue, Rush Street and Walnut Grove Avenue shall be reconstructed. Planning Commission Meeting May 18, 2009 Page 8 of 10 Written comments from one Planning Commissioner indicated that concrete was cracked on the Amberwood driveways during the construction of Wal-Mart. Planning records indicate that the City received a letter from the Amberwood Homeowners Association protesting that the City of Rosemead was somehow responsible for the damage to the driveways within the Amberwood complex. City records indicate that this was investigated by the City Engineer on or about April 26, 2006. The City Engineer determined that the damage appeared to have been caused prior to Wal-Mart construction. The City issued a letter to the Vice President of the Amberwood Rosemead Homeowners Association in August 2006, informing them of this determination. It is also important to note that although the City issued permits and was responsible for inspecting the work, the City is not responsible for any damage that may have been caused by contractors. The issue is a civil matter between whoever may have caused the damage and the Association. Furthermore, the City Clerk's office has no record that a bona fide claim for damages was filed by the Amberwood Rosemead Homeowners Association. City Engineer's Condition of Approval No. 31 states that there shall be no delivery truck driveway on Rush Street; delivery trucks shall take access off of Walnut Grove Avenue. Members of the Planning Commission indicated that residents claim that this condition of approval has been violated in the past, and therefore, should be noted in this report. According to staff records, there are reported violations. As recently as May 7, 2009, the Public Safety Department responded to a complaint from a nearby resident who indicated that a delivery truck had entered the Rush Street driveway. In accordance with the condition, Wal-Mart trucks never enter the site from the Rush Street driveway. However, on a few occasions, "independent drivers, who are not familiar with conditions of approval, have violated this condition. There is existing signage located near the Rush Street driveway entrance, which posts the truck entry restrictions. As a result of the May 7, 2009 incident, staff is in the process of analyzing new signage at the Rush Street driveway. Until additional signage is approved, Wal-Mart should continue to educate all truck drivers to use the Walnut Grove driveway when making deliveries to the site. City Engineer's Condition of Approval No. 51 states that any fast food restaurants proposed with drive through facilities shall be designed to provide safe on site traffic circulation which does not conflict with entering or exiting traffic to the site, on site parking or pedestrian movements. Sufficient reservoir space shall be provided to store four vehicles between the order board and the pick up window (not including the car at Planning Commission Meeting May 18, 2009 Page 9 of 10 the order point or the car at the pick up window). Storage for at least four vehicles shall also be provided in advance of the menu board. There is not a fast food restaurant with drive-through facilities on the Wal-Mart parcel, which is referred to as Parcel 1. The Panda restaurant, located on Parcel 3, was approved under a separate environmental review and public hearing process. Therefore, this condition is currently not applicable to Wal-Mart operations. Earth Resources Mitigation Measures 4.2.1, 4.2.2, 4.2.4, 4.2.5, 4.2.6 and 4.2.9 were developed to mitigate geological and geotechnical issues to ensure that the construction of Wal-Mart was designed to be consistent with seismic considerations identified within the project Geotechnical Investigation for the purpose of preventing the construction of the building on surface trace of active faults. The geological and geotechnical studies, and approved mitigation measures, also serve to mitigate seismic hazards in order to protect public health and safety, in accordance with the State of California Alquist-Priolo Act ("A-P Act") and the Seismic Hazards Mapping Act ("SHMA"). Correspondence received by one Commissioner questioned whether these mitigation measures were ever satisfied. Staff also acknowledges that there has been ongoing debate over this particular issue. According to Planning Division records, Arroyo Geotechnical reviewed all. required geotechnical and engineering geology reports for the Wal-Mart development on behalf of the City of Rosemead. The project review letters indicate that the Geotechnical Professionals Inc., November 7, 2002, Geotechnical Soil Investigation and Geotechnical Professionals Inc., December 1, 2004, Response to Review Comments were deemed acceptable and subject to the final review of the construction plans by Arroyo Geotechnical on December 8, 2004. Arroyo Geotechnical issued a letter to the City Engineer, dated April 21, 2005, also indicating their review and approval of the Geologic and Geotechnical Report (Surface Fault Rupture Investigation, Southern California Edison Property, City of Rosemead, Los Angeles County, California, prepared by Hushmand Associates, Inc., dated October 2002). Arroyo Geotechnical also reviewed the UBC Seismic Design Parameters for Southern California Edison Property (GO-5 Parcel), Proposed Wal-Mart Department Store Site, prepared by Hushmand Associates, dated October 17, 2005, and issued a letter, dated December 19, 2005, stating that the report had been prepared "to an acceptable level of the Standard Practice in effect today." Planning Division records indicate that GPI Geotechnical Professionals Inc. reviewed and approved the foundation plans for the subject development on December 12, 2005. Lastly, a recent review of the original approved development plans, by the Planning Division, verified that the 100-foot wide "no habitable structures zone" is delineated on the final approved project plans. Staff consulted with the geotechnical engineer who originally reviewed the Wal-Mart project. The reviewing engineer maintains that the 100-foot wide "no habitable structure zone" is appropriate for the site. Planning Commission Meeting May 18, 2009 Pace 10 of 10 Air Quality Mitigation Measure 4.4.1 was developed to require the applicant to comply with the South Coast Air Quality Management District's (SCAQMD) rules and regulations, including Rule 403, insuring the clean up of construction related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emission source. At the March 16th Planning Commission meeting there was discussion that several reports of violation of this mitigation measure were made to AQMD by residents in the area. Correspondence from one Commissioner recommended that staff contact the AQMD to verify these complaints of violation for the purpose of including them in this report. Staff contacted the AQMD and requested a report of the violation notices issued during the construction of Wal-Mart, between November 2005 and September 2006. The information provided by the agency revealed that a total of seventeen (17) complaints were filed, and four (4) notices of violation were issued. The majority of the complaints filed were related to dust and exhaust emissions and construction crews not using required wheel washers. Three (3) of the violation notices were issued for allowing the emissions of fugitive dust that remained visible in the atmosphere beyond the property line of the site on July 7, 2006, July 12, 2006, and August 11, 2006. The fourth violation notice was issued for allowing dirt track-out to extend more than twenty-five (25) feet from the point of origin from active operation. As detailed earlier in this report, Wal-Mart recently completed an interior tenant improvement. No complaints for air quality violations were received during the tenant improvement. Therefore, Wal-Mart is currently is compliance. Staff Recommendation Staff recommends that the Planning Commission direct staff to work with the applicant towards successful compliance with the outstanding conditions. PUBLIC NOTICE PROCESS This item was noticed under the standard agenda notification process. Prepareedd~& Submitted by: Sheri Bermejo Principal Planner Exhibits: A. Mitigation Monitoring Plan taken from Final EIR, dated August 2004 B. Noise Level Field Measurement Report, dated May 11, 2009 4.0 MITIGATION MONITORING PLAN 4.1 INTRODUCTION To ensure that the. mitigation measures contained in this EIR are properly implemented, a monitoring program has been developed pursuant to State law. This Mitigation Monitoring Plan (MMP) identifies measures incorporated in the project which reduce its potential environmental eff ects; the entities responsible for implementation and monitoring of mitigation measures; and the appropriate timing for implementation of mitigation measures. As described in CEQA § 15097, this MMP employs both reporting on, and monitoring of, project mitigation measures. The objectives of the MMP are to: • As responsibility for, • and ensure proper implementation of mitigation measures; • Assign responsibility for, and provide for monitoring and reporting of compliance with mitigation measures; • Provide the mechanism to identify areas of noncompliance and need for enforcement action before irreversible environmental damage occurs. Mitigation monitoring and reporting procedures incorporated in the project are presented in the following Section 4.2. Specific mitigation measures incorporated in the project, mitigation timing, and implementation and reporting/monitoring responsibilities are presented within this section in Table 4.2-1. EXHIBIT A Mitigation Monitoring Plan Rosemead Commercial Retail Center Page 4-1 Final Environmental Impact Report ((9 2004 Applied Planning, Inc.) u Applied Planning, Inc. 4.2 MITIGATION MONITORING AND REPORTING Mitigation Monitoring and Responsibilities As the Lead Agency, the City of Rosemead is responsible for ensuring full compliance with the mitigation measures adopted for the proposed project. The City will monitor and report on all mitigation and construction activities, and will require the project proponent and its contractors to implement this miEigationmonitoring plan. Additionally, the project Conditions of Approval (presented in Draft EIR Table 1.10-2) require the incorporation of all mitigation measures as Conditions of Approval. Primary responsibility for compliance with project mitigation measures, and reporting the progress of that compliance through the mitigation monitoring plan, resides with the project proponent. Any proposed significant modifications to the mitigation measures presented herein will be reported immediately to the City of Rosemead and any affected agencies. Prior to their implementation, the project proponent will ensure that any proposed significant modification of the mitigation measures or procedures identified within this mitigation monitoring plan are first approved by the City and any affected responsible agencies. If during the course of project implementation, any of the mitigation measures identified herein cannotbe successfully implemented, the project proponent shall immediately inform the City and any affected responsible agencies. The City in conjunction with any affected responsible agencies will then determine if modification to the project is required and/or whether alternative mitigation is appropriate. Rosemead Commercial Retail Center Mitigation Monitoring Plan Final Environmental Impact Report (0 2004 Applied Planning, Inc.) Page 4-2 Table 4.2-1 Rosemead Commercial Retail Center Mitigation Monitoring Plan Mitigation Measures Mitigation Timing Implementation Entity Monitoring/ Reporting Entity Monitoring/ Reporting Frequency Earth Resources 2.1 Prior to building permit approval, the project Geotechnical 4 Plan check prior to the Project City of Rosemead Prior to the issuance of the . Engineer shall delineate the 100 foot wide "no habitable issuance of first building Proponent Planning and Building & first building permit structures zone" along the surface trace fault traversing the permit Safety Departments project area. The location of this fault, and the restricted structures zone are preliminarily identified in Surface Fault Rupture Investigation, Southern California EdisonProperty (GO-5 Parcel) City of Rosemead, Los Angeles California (Hushmand Associates, Inc.) October 2002, Figure 4. No habitable structures shall be permitted to encroach within the identified restricted zone. 2 Prior to issuance of building permits, all facilities and 2 4 Plan check prior to the Project City of Rosemead Prior to the issuance of the . . buildings shall be designed consistent with seismic issuance of first building Proponent Planning and Building & first building permit considerations identified within the project Geotechnical permit Safety Departments Investigation. (Appendix B, Geotechnical Investigation, pages 6-8, et al.) 3 Prior to issuance of building permits, all earthwork within 2 4 Plan check prior to the Project City of Rosemead Prior to the issuance of . . the project area shall be completed consistent with issuance of first building Proponent Planning and Building & the first building permit recommendations, requirements, and specifications permit Safety Departments presented in the project Geotechnical Investigation. (Appendix B, Geotechnical Investigation, pages 8-13, et al.) Rosemead Commercial Retail Center Mitigation Monitoring Plan Page 4-3 Final Environmental impact Report 2004 Applied Planning, Inc.) Table 4.2-1 Rosemead Commercial Retail Center Mitigation Monitoring Plan IL K ORL I& Applied Planning, Inc. Mitigation Measures Mitigation Timing Implementation Entity Monitoring/ Reporting Entity Monitoring/ Reporting Frequency . Earth Resources (cont'd) t P mead City of Rose to the issuance of Prior 4.2.4 Prior to issuance of building permits, foundation Plan check prior to the hall be incorporated in all issuance of first building ti rojec Proponent Building & Plannin g and the first building permit ons s requirements and specifica artments Dep afety S project plans and construction documents consistent with permit . recommendations, requirements, and specifications presented in the project Geotechnical Investigation. Construction of facilities shall be realized consistent with recommendations of the project Geotechnical Investigation. (Appendix B, Geotechnical Investigation, pages 13-14, et al.) r to the issuance of i P 4.2.5 Prior to issuance of building permits, building floor slab Plan check prior to the of first building i Project Proponent City of Rosemead Plan g and Building & r o the first building permit ssuance requirements and specifications shall be incorporated in all Saf Departments toy project plans and construction documents consistent with permit recommendations, requirements, and specifications presented in the project Geotechnical Investigation. Constriction of facilities shall be realized consistent with recommendations of the project Geotechnical Investigation. (Appendix B, Geotechnical Investigation, pages 14-15, et al.) Rosemead Commercial Retail Center Final Environmental Impact Report ((0 2004 Applied Planning, Inc) Mitigation Monitoring Plan Page 4-4 1010 inn -N& ,rte JN& id 1® Ji JEW AM A9 10110 Applied Planning, Inc. Table 4.2-1 Rosemead Commercial Retail Center Mitigation Monitoring Plan MitigationMeasures Mitigation Timing Implementation Monitoring/ Monitoring/ Entity Reporting Entity Reporting Frequency Earth Resources (cont'd) 4.2.6 Prior to issuance of building permits, project facilities shall Plan check prior to. the be designed consistent with requirements and specifications issuance of first building addressing lateral earth pressures, as presented intheproject permit Geotechnical Investigation. Construction of facilities shall be realized consistent with recommendations of the project Geotechnical Investigation. (Appendix B, Geotechnical Investigation, pages 15-16, et al.) ' 4.2.7 Prior to issuance of building permits, should use of buried Plan check prior to the metal pipe be proposed, site-specific corrosivity testing shall issuance of first building be conducted by a qualified expert. Any resulting permit recommendations and requirements shall be incorporated in the project design and construction documentation. (Appendix B, Geotechnical Investigation, pagel6, et al.) 4.2.8 Prior to issuance of grading/building permits, project Plan check prior to the drainage plans shall reflect positive drainage gradients issuance of adjacent to all structures, directing stormwater runoff away grading/buildingpermits from foundations and towards suitable drainage collection and discharge facilities. (Appendix B, Geotechnical Investigation, pagel6, et al.) Rosemead Commercial Retail Center Final Environmental Impact Report (Q 2004 Applied Planning, Inc) Project City of Rosemead Prior to the issuance of Proponent Planning and Building & first building permit Safety Departments Project City of Rosemead Prior to the issuance of Proponent Planning and Building & the first building permit Safety Departments Project City of Rosemead Prior to the issuance of Proponent Planning and Building & first grading/building Safety Departments permit Mitigation Monitoring Plan Page 4-S L Applied Planning, Inc. Table 4.2-1 Rosemead Commercial Retail Center Mitigation Monitoring Plan Monitoring/ Monitoring/ Mitigation Timing Imp/ Entittation Reporting Entity Reporting Frequency Mitigation Measures y EarthEarth Resources (cont'd) city of Rosemead Prior to the issuance of first grading/building 4,2,9 Prior to issuance of grading/building permits, all exterior Plan check prior to the Pro permit concrete and masonry flatwork shall be designed consistent issuance of Proponent Planning and Public Works Department with requirements presented in the project Geotechnical grading/buildingpermits Investigation. Construction of exterior concrete and masonry flatwork shall be realized consistent with recommendations of the project Geotechnical Investigation. (Appendix B, Geotechnical Investigation, pagel6, et al.) City of Rosemead Prior to the issuance of and Public first grading/building 4.2.10 Prior to issuance of grading /building permits, all paved Plan check prior to the Project permit Proponent Planning an areas shall be designed consistent with requirements issuance of works Department presented in the project Geotechnical investigation. grading/building permits Construction ofpaved areas shall be realized consistent with recommendations of the project Geotechnical Investigation. endix B, Geotechnical Investigation, pagel6, et al.) it Rosemead Ongoing throughout (App Planning of and Public project construction 4.2.11 A qualified geotechnical engineer shall be present to observe Ongoing throughout Project City Y of all earthwork activities within the project site, to include 'project construction Proponent Works Department grading, compaction of all fills, subgrade preparation, pavement construction, and foundation excavations. (Appendix B, Geotechnical investigation, page28.) Mitigation Monitoring Plan page 4-6 Rosemead Commercial Retail Center Applied Planning, Inc.) r<....r r.,.,irmvnental Impact Report (m 2004 Applied Planning, Inc. Table 4.2-1 Rosemead Commercial Retail Center Mitigation Monitoring Plan Mitigation Measures Mitigation Timing Implementation Entity Monitoring/ Reporting Entity Monitoring/ Reporting Prequem Air Ouality 4.41 Adequate watering techniques shall be employed to partially Ongoing throughout Project City of Rosemead Ongoing throughout n mitigate the impacts of construction-related dust project construction Proponent Planning and Building & struction project co particulates. Portions of the project site that are under going activities Safety Departments activities earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered agai n at the end of the day, as part of the construction specifications. 4.4.2 As part of the construction specifications, any vegetative Throughout project Project City of Rosemead Ongoing throughout i roundcover to be utilized on-site shall be planted as soon as construction activities Proponent Planning and Building & on project construct g possible to reduce the disturbed area subject to wind erosion. Safety Departments activities Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. 4.4.3 The project proponent shall comply with all applicable Throughout project Project City of Rosemead Ongoing throughout SCAQMD rules and regulations including Rule 403, construction activities Proponent Planning and Building & project construction insuring the clean up of construction-related dirt on Safety Departments, activities approach routes to the site. Rule 403 prohibits the release of SCAQMD fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emission source. Rosemead Commercial Retail Center Mitigation Monitoring Plan Final Environmental Impact Report (C) 2004 Applied Planning, Inc.) Page 4-7 Applied Pla -ing, Inc, Table 4.2-1 Rosemead Commercial Retail Center Mitigation Monitoring Plan Mitigation Measures Mitigation Timing Implementation Monitoring/ Monitoring/ Entity Reporting Entity Reporting Frequency Air Quality (cont'd) 4.4.4 Any construction access roads (other than temporary access Ongoing throughout roads) shall be paved' as soon as possible and cleaned after project construction each work day. The maximum vehicle speed limit on activities . unpaved roads shall be 15 miles per hour. 4.4.5 Grading operations shall be suspended during first and Ongoing throughout second stage ozone episodes and when winds exceed 25 miles project construction per hour. activities 4.4.6 Construction equipment shall be properly maintained and Ongoing throughout serviced to minimize exhaust emissions. project construction activities 4.4.7 Consistent with provisions and assumptions of the project Ongoing throughout Air Quality Impact Study modeling, total disturbance project construction within the project site shall not exceed 4.5 acres per day. activities Rosemead Commercial Retail Center Final Environmental Impact Report (©1004 Applied Planning, Inc) Project City of Rosemead Ongoing throughout Proponent Planning and Building & project construction Safety Departments activities Project City of Rosemead Ongoing throughout Proponent Planning and Building & project constriction Safety Departments activities Project City of Rosemead Ongoing throughout Proponent Planning and Building & project construction Safety Departments activities Project City of Rosemead Ongoing throughout life Proponent Planning and Building & of the project Safety Departments Mitigation Monitoring Plan Page 4-8 Applied Plann ing, Inc. Table 4.2-1 Rosemead Commercial Retail Center Mitigation Monitoring Plan Mitigation Measures Mitigation Timing Implementation Monitoring/ Monitoring/ Entity Reporting Entity Reporting Frequency Air Quality (cont'd) 4.4.8 To aid in the reduction of operational emissions, the project shall comply with all applicable emissions-reducing policies and regulations as outlined in EIR Section 4.4.5. These regulations and policies include, but are not limited to: regulatory requirements of the Federal Clean Air Act, statutes established under the California Clean Air Act, Air Quality Management Plan policies, SCAQMD rules, policies of the City of Rosemead General Plan, and requirements of the City of Rosemead Municipal Code. Throughout the life of the Project project Proponent SCAQMD Permit to Project 4.4.9 Prior to the issuance of building permits, the project proponent shall prepare and submit to the SCAQMD an application for a Permit to Construct and Permit to Operate the gasoline refueling station proposed on site pursuant to Rules 201, 203, 212 and 1401. Specifically, this new stationary source of benzene emissions shall install Best Available Control Technology for Toxics (T-BACT), and operate within the conditions specified by the SCAQMD. Copies of SCAQMD approval documentation and any conditions of approval shall be submitted to the City prior to the issuance of building permits. The project gasoline refueling station shall operate in compliance with SCAQMD requirements and regulations for the life of the project. Construct and Permit to Proponent operate the gasoline refueling station to be obtained prior to issuance the building permit for the proposed gasoline station. Monitoring of gasoline station operations over the life of the project. City of Rosemead ongoing throughout the Planning and SCAQMD life of the project City of Rosemead Planning and Building & Safety Departments, SCAQMD Verification of SCAQMD Permit to Construct and Permit to Operate the gasoline refueling station prior to issuance the building permit for the proposed gasoline station. Monitoring of gasoline station operations over the life of the project. Mitigation Monitoring Plan Rosemead Commercial Retail Center Page 4-9 Final Environmental Impact Report ((D 2004 Applied Planning, Inc.) f Applied Planning, Inc. Table 4.2-1 Rosemead Commercial Re tail Center Mitigation Monitoring Plan Mitigation Measures Mitigation Timing implementation Entity tation Monitoring/ Reporting Entity Monitoring/ Reporting Frequency . Air oualitV (cont'd) r to issuance of first i P Project . City of Rosemead Prior to issuance of first r o 4.4.10 Building construction shall comply with the energy use California Administrative Code. Certificate of Occupancy th 4 Proponent g and Building & rtments D Certificate of Occupancy e of guidelines in Title 2 epa Safety efficient street lighting and parking lot Prior to issuance of first er Project City of Rosemead g and Building & Plann Prior to issuance of first Certificate of Occupancy gy 4.4.11 The use of en lighting (low pressure sodium vapor lights) shall be Certificate of Occupancy Proponent Safe Departments ty considered on-site to reduce emissions at the power plant serving the site. tent with the site plan concept, the project shall Prior to issuance of first i C Project t City of Rosemead ding & Plannin g and Bu Prior to issuance of first Certificate of Occupancy s ons 4.4.12 provide pedestrian walkways, thereby encouraging walking Certificate of Occupancy Proponen il D Safep as a mode of transportation between related facilities on-site, and to adjacent uses. oing throughout On win ll h Project City of Rosemead Ongoing for the duration ction t g g o e fo 4.4.13 Pursuant to SCAQMD recommendations, t uction emissions shall be construction activities t Proponent g and Building & ru of project cons r measures addressing project cons Departments Safety implemented: • Application of non-toxic soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for ten days or more); Rosemead Commercial Retail Center Final Environmental Impact Report (0 2004 Applied Planning, Inc.) Mitigation Monitoring Plan Page 4-10 A A IL ML AL Table 4.2-1 Rosemead Commercial Retail Center Mitigation Monitoring Plan Mitigation Measures Mitigation Timing Implementation Monitoring/ Entity Reporting Entity JW1 M Applied Planning, Inc. Monitoring/. orting Frequency Air Quality (cont'd) 4.4.13, cont'd • Installation of wheel washers where vehicles enter and exit the constriction site onto paved roads or wash off trucks and any equipment leaving the site each trip; • Configuration ofconstruction parking so as to minimize traffic interference; • Provision of temporary traffic controls such as n flag person, during all phases of construction in order to maintain smooth traffic flow; • Scheduling of construction activities that affect traffic flow on the arterial system to off-peak hours to the extent practicable; • Routing of construction trucks so as to avoid congested streets or sensitive receptors; • Provision of temporary dedicated turn lanes for movement of construction equipment on and off site; • Appointment of a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 emissions; • Street sweeping at least once per day if visible soils material are carried on to adjacent roadways. S CAQMD Rule 1186 certified street sweepers shall be utilized for these purposes. Rosemead Commercial Retail Center Final Environmental Impact Report ((D 2004 Applied Planning, Inc.) Mitigation Monitoring Plan Page 4-I1 "i Table 4.2-1 Rosemead Commercial Retail Center Mitigation Monitoring Plan Applied Planning, Inc. Mitigation Measures Mitigation Timing Implementation Entity Monitoring/ _ Reporting Entity Monitoring/ Reporting Frequency Air Ouality (cont'd) 4.4.14 Pursuant to SCAQMD recommendations, the following Prior to issuance of first Project t P City of Rosemead Planning and Building & Prior to issuance of first Certificate of Occupancy measures addressing project operational emissions shall be Certificate of Occupancy roponen Safety Departments implemented: • Routing of trick traffic to avoid sensitive receptors; • Synchronization of traffic signals in the project vicinity to provide efficient traffic flows; • Enforcement of local truck parking restrictions; • Restriction of truck idling to ten (10) minutes maximum; • Provision of electrical service hook up for refrigerated trucks. Noise 4. 5.1 In order to create a physical barrier between the construction Within 60 days of project Project t P City of Rosemead and Building & Plannin Within 60 days of the issuance of first grading activities and the residential uses located west of Delta commencement roponen g Safety Departments permit Avenue, the western building wall and the 14 foot perimeter mall located on the western property line shall be installed as part of the initial phase of construction. The barrier is intended to minimize construction noise and other construction related nuisances. These features shall be completed within 60 working days of project commencement. Mitigation Monitoring Plan Rosemead Commercial Retail Center Page 4-12 Final Environmental Impact Report ((D 2004 Applied Planning, Inc.) i i I A ML EL . Table 4.2-1 Rosemead Commercial Retail Center Mitigation Monitoring Plan Mitigation Measures Mitigation Timing Implementation Entity Monitoring/ Reporting Entity Applied Planning, Inc. = P% a& Monitoring/ Reporting Frequ Noise (cont'd) 4.5.2 To minimize the. noise impact of the construction activities, Throughout project Project construction equipment access to the project site should be construction activities. Proponent taken, to the extent possible, from Walnut Grove Avenue, away from the noise sensitive receptors along Delta Street. City of Rosemead Throughout project Planning and Building & construction activities Safety Departments 4.5.3 All construction equipment, fixed or mobile, shall be Throughout project ctivities ti Project Proponent City of Rosemead Building & and equipped with properly operating and maintained mufflers. on a construc artments Dep Safety g 4.5.4 Wherever feasible, stationary equipment shall be placed such Throughout project Project t P City of Rosemead Planning and uilding & that emitted noise is directed away from noise receptors in construction activities roponen Safety the vicinity. 4.5.5 Stockpiling and vehicle staging areas shall be located as far Throughout project Project t P City of Rosemead Pla g and Building & as practical from sensitive noise receptors in the vicinity. construction activities roponen Departments afety S Rosemead Commercial Retail Center Final Environmental Impact Report ((D 2004 Applied Planning, Inc.) Throughout project construction activities Ongoing thought project construction activities Ongoing thought project construction activities Mitigation Monitoring Plan Page 4-13 Roger Salas P.E. ChUO SOUTHERN CALIFORNIA rt nt E D I S O N Engineering Department Ph: ((909) 421-5432 Salasrl@sce.com A. EDISON INTERNATIONAL- Company 11 May 2009 Walmart - Rosemead California Subject: Noise Level Field Measurement The purpose of this noise field measurement was to determine if the noise level emitted by the SCE-owned transformer meets the City of Rosemead's noise level ordinances. In order to determine the noise level of the transformer only, it was required to de-energize the customer's 480V service while maintaining the SCE transformer energized. The noise level measurements were taken between 4:00am to 5:30am at the following four locations: • Sidewalk adjacent to the SCE transformer ( Location #1) • The opposite side of the street from SCE transformer (Location #2) • In front of 1747 Delta (Location #3) • At Corner of Delta and Rush (Location #4) Noise level readings were taken under the following three conditions: • All systems off - Transformer de-energized and customer main circuit breaker opened: Under this condition, the customer does not have any electrical power which allowed for the ambient noise level to be measured. • Customer main circuit breaker opened with SCE transformer energized: Under this condition, the customer did not have any electrical power, which allowed for the noise level from the transformer to be measured. This test will indicate if the transformer solely meets the City's ordinance requirements. • All systems normal - Transformer energized and customer main circuit breaker closed: This is when the customer has electrical power and is capable of turning on its equipment. Under this condition, the overall noise level was determined that when customer's equipment is aggregated, the noise level is higher than the City's ordinance requirements. Recordings where performed during periods when other external temporary noises such as sprinklers and cars were not aggregating to the noise level. EXHIBIT B Rusty 4 r Q r 1747 DdW Figu re 41 -Nose Level Recording r t.ns. Findings The following table shows the measured noise levels under each of the three conditions for each of the four locations: Measurement Location I I Location #1 j System condtion (dB) ( Location #2 (dB) Location #3 (dB) Location #C (dB Customer's main circuit breaker opened and SCE transformer de-energized 36.3 35.3 37.6 42.7 Customer main circuit breaker open with SCE transformer energized 41.7 37.9 36.5. 39.5 All system normal - customer's main circuit breaker closed and SCE trans former energized 49.3 46.5 46.9 42.7 Discussion The City's noise ordinance limits of 45dB were exceeded at locations #1 through #3 under normal operation of the electrical system, that is with SCE's transformer energized and customer main circuit breaker closed. However, once the customer circuit breaker was opened, the overall noise level decreased significantly. The measurements taken when the main circuit breaker was opened verified a decrease in noise level as noise level recordings were below the city's noise ordinance. It was clearly noted and measured that a significant amount of noise is being emitted by customer own equipment such as the customer's main circuit breaker and customer air conditioning equipment located on roof of the building. Recommendations Based on the noise measurements, SCE's Field Engineering department does not recommend the replacement of the transformer as it is an aggregation of noises which cause the overall noise level to exceed the City's noise level ordinances of 45db. Roger Salas P.E. Chung Ly SCE Distribution Engineer