PC Item 6A- Status Update of Wal-Mart Conditionsl of ApprovalROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRWOMAN AND MEMBERS OF THE
ROSEMEAD PLANNING COMMISSION
FROM:. PLANNING DIVISION
DATE: NOVEMBER 2, 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 the Planning Commission to 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 Wal-Mart's first annual review
on November 17, 2007. Follow-up discussions of this initial review took place at
Planning Commission meetings on December 3, 2007, April 7, 2008, April 21, 2008,
and May 5, 2008, as well as at a City Council meeting on June 10, 2008. A second
annual review was initiated on March 16, 2009, and follow-up discussion took place on
May 18, 2009. These previous reviews were conducted by a prior Planning
Commission. At the May 18, 2009 meeting, the Commissioners determined that Wal-
Mart needed to address two unresolved matters; a noise compliance requirement and
improved onsite and offsite delivery truck directional signage.
This report will provide an overview of Wal-Mart's compliance with all conditions of
approval, as well as provide an update on the unresolved matters that were discussed
at the May 18, 2009 Planning Commission meeting.
ANALYSIS
To verify Wal-Mart's compliance with all the conditions of approval, the City of
Rosemead Planning Division completed an onsite inspection on October 22, 2009, and
requested an incident report from the Rosemead Public Safety Center. The Planning
Division's review was also coordinated with the Public Services Division, the Building
and Safety Division, and the Los Angles County Fire Department, as specific conditions
were required of these divisions when the project was approved. A complete review of
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each project condition of approval is provided in Exhibit A. For reference, the Mitigation
Monitoring Plan is attached as Exhibit B, and the complete review of each mitigation
measure has been attached as Exhibit C. The incident report from the City of
Rosemead Public Safety Center is attached as Exhibit D.
It is staffs opinion that Wal-Mart has demonstrated an outstanding effort to satisfy all
conditions of approval. Over the course of this year Wal-Mart has collaborated with the
Planning Division to resolve two outstanding matters; a noise issue that was brought to
the attention of the Planning Commission on November 19, 2007 by residents of the
condominiums located behind Wal-Mart; and improved signage to direct delivery trucks
on and off site.
Noise Level Compliance
To date, a total of six (6) independent noise studies have been completed. The
following is an overview of each of those studies:
1. The first study was conducted by Los Angeles County personnel on July 13,
2007, which concluded that noise levels did not exceed the Los Angeles County
Noise Control Ordinance.
2. The second study was completed by Dudek, a noise consultant, on August 22,
2007, which analyzed noise originating from rooftop mechanical equipment.
Although this study indicated that noise levels did not exceed the City of
Rosemead's Noise Ordinance, the study was discredited by the Planning
Commission, as the noise measurements were only taken from ground floor
residences.
3. The third study was also completed by Dudek on April 30, 2008, and
measurements were taken from second floor windows. This noise study
indicated that the City's maximum permitted decibel levels were exceeded, and
that noise was coming from roof-mounted HVAC units on Wal-Mart. Staff
presented this information to Wal-Mart shortly after the noise study was
completed. Wal-Mart informed the City that they did not agree with the findings,
and reported that they would prepare a noise study of their own for comparison.
4. A fourth study was completed by Wieland Accoustics, dated August 29, 2008.
Staff discredited this study, as it did not specify the height at which noise
measurements were taken.
5. A fifth study was completed by Wieland Acoustics on February 17, 2009. This
study revealed that the only source of noise that exceeded the City Code
standards was the Edison transformer, which was audible at 1803 Delta Avenue
and produced maximum noise levels of 51 to 52 dB(A).
6. The sixth and final study was completed by Southern California Edison on May
11, 2009. The purpose of this report was to determine if the noise level emitted
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by the transformer meets the City's noise level ordinance. According to this
study, the noise level of the transformer alone is in compliance with the City's
ordinance when all other electrical power is turned off. However, when the
transformer is energized and when Wal-Mart has electrical power and is capable
of turning on its equipment, an aggregation of noises is detected which causes
the overall noise to exceed the City's noise level ordinance.
Resolving this noise matter has been a complicated process for Wal-Mart, mainly
because it appears that it is an aggregation of noises that is causing the overall noise to
exceed the City's noise ordinance. On October 28, 2009, Wal-Mart submitted a
proposal to reduce noise levels associated with the transformer. The proposal entails
the construction of a decorative sound wall adjacent to the transformer. To evaluate
the effectiveness of the sound wall, Wal-Mart requested that a final noise mitigation
analysis be completed. This noise mitigation analysis and report was completed by
Dudek on October 28, 2009, and has been attached as Exhibit E. The report concluded
that with the implementation of the sound wall the noise level associated with the
transformer is calculated to be 43 dBA or less at the adjacent residential property.
Therefore, the sound wall will reduce the noise of the transformer, which should also
decrease the overall ambient noise levels from the store.
Staff has not completed a thorough review of the sound wall plan that was included in
the noise mitigation analysis and report. The construction of the proposed wall will
include adding approximately 6 feet to the existing 4-foot retention wall already in place.
Staff would like the wall plan to include details of colors and materials and a cross
section drawing that illustrates the height of the wall above street grade so that the
aesthetics can be evaluated. Staff also recommends the use of vines to further soften
the wall's appearance.
Delivery Truck Directional Signage
According to condition of approval No. 31, all delivery trucks shall take access off of
Walnut Grove Avenue. Due to prior accounts of delivery trucks entering the site on the
Rush Street driveway, as recent as May 7, 2009, the City has taken action to install
improved new signage within the public right-of-way. The Public Services Division is in
the process of installing "No Truck Left Turn" and "No Truck Right Turn" signage on the
light signals at the Rush Street site access driveway. Furthermore, Wal-Mart installed
new signage at their loading docks to educate drivers that delivery trucks shall take
access off of Walnut Grove Avenue. Exhibit "F" illustrates the location and provides
photos of the new signage that Wal-Mart has installed.
Staff Recommendation
Staff believes that all conditions have been satisfied by the applicant. Staff
recommends that the Planning Commission direct staff to finalize the review of the
proposed sound wall and conduct the next annual review of Wal-Mart's operation in
November of 2010.
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PUBLIC NOTICE PROCESS
This item was noticed under the standard agenda notification process.
Prepaarr~ed/& Submitted by:
Sheri Bermejo
Principal Planner
Exhibits: A. Conditions of Approval Review Comments, dated November 2, 2009
B. Mitigation Monitoring Plan taken from Final EIR, dated August 2004
C. Mitigation Monitoring Plan Status, dated November 2, 2009
D. Memorandum from Rosemead Public Safety Center, dated August 31, 2009
E. Noise Mitigation Analysis and Report
F. Delivery Truck Directional Signage
EXHIBIT A
WAL-MART
CONDITIONS OF APPROVAL
Rosemead Planning Commission Annual Review
November 2, 2009
The following contains the list of conditions together with a brief status report.
1. The site shall be developed and parcelized in accordance with the Tentative
Parcel Map for the Project Design Alternative marked Exhibit "D" dated
August 05, 2004, the Development Plans (Site Plan, Floor Plans, Elevations,
and Landscape Plans) marked Exhibit "E" and submitted colored elevations
and color and material sample boards, marked Exhibit "F". Any revisions to
the approved plans must be resubmitted for review and approval by the
Planning Department.
The applicant has satisfied this condition. Since the initial review of Wal-
Mart, which took place on November 17, 2009, building permits were
issued for the interior remodel of the pharmacy, vision center, restrooms
and a new photo lab. Lastly, on February 12, 2009, the Planning Division
approved plans for the upgrade of exterior wall signage to the new Wal-
Mart corporate sign colors and design.
2. Approval of, Tentative Parcel Map 26827, and Conditional Use Permits 02-
882 and 03-939 shall not take effect for any purpose until the Developer has
filed with the City of Rosemead an affidavit stating that they are aware of and
accept all of the conditions set forth in this list of conditions.
The applicant has satisfied this condition. The affidavit was signed by the
applicant on November 26, 2004.
3. The rights granted by Tentative Parcel Map 26827 and Conditional Use
Permits 02-882 for the mini-mall and 03-939 for the sale of alcohol shall be
exercised within the time set forth in the Development Agreement.
Per City Council Resolution 2004-53, the Development Agreement was
rescinded and repealed in its entirety on December 14, 2004. Hence, this
condition is no longer valid.
4. The Developer shall comply with all Federal, State and local laws relative to
the approved uses including all requirements of the Planning, Building,
Engineering, Fire, Sheriff and Health Departments and obtaining all operating
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permits from State and local agencies prior to issuance of a Certificate of
Occupancy.
The applicant has satisfied this condition, and the Building Certificate of
Occupancy was issued on September 20, 2006.
5. A final certificate of occupancy will not be granted until all improvements
required by this approval have been. completed, inspected, and approved by
the appropriate department(s); except for off-site improvements for which
bonds are acceptable as approved by the Planning Department. However, a
temporary certificate of occupancy may be issued so interior work can be
completed. Nothing herein requires all improvements to be built at the same
time, nor does it prohibit the phasing of the major tenant anchor store,
provided that the landscaping and parking lot improvements are installed with
the first phase.
The applicant has satisfied this condition. The Business Certificate of
Occupancy was issued on September 13, 2006, and the Building
Certificate of Occupancy was issued on September 20, 2006.
6. The Developer shall develop and implement a Site and Facilities Security
Plan which is to be approved by the Sheriffs Department, in its reasonable
discretion, prior to the issuance of building permits for Parcel 1. At a
minimum, the plan shall include private security guards, or other as approved
by the Sheriffs Department, parking lot patrols, videotaping of the parking lot
with signs informing the public of such, and security cameras inside the major
anchor store.
The applicant is in compliance with this condition, as the Site and Facilities
Security Plan was verified during a site visit with the Store Manager on
September 13, 2006.
7. 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.
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Both the Business Certificate of Occupancy and the Business License
were issued to Wal-Mart on September 13, 2006.
Staffs site inspection on October 22, 2009, and check of City records
revealed that all business within the Wal-Mart building (McDonalds, Da-Vi
Nails, E1 Financial Credit Union, and FirstSight Vision Services) are
currently operating with valid Business Certificates of Occupancy and
Business Licenses.
8. 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 for
improvements on each parcel.
The applicant has satisfied this condition. Fees were paid at the time of
Building Permit issuance.
9. The Developer shall be required to complete all of the parking and
landscaping on Parcel 1 with the first phase of construction.
The applicant has satisfied this condition. Wal-Mart continues to maintain
the landscaping and parking lot area to the satisfaction of the Planning
Division.
10. Prior to issuance of building permits for improvements on each parcel, all
school fees shall be paid. The Developer shall provide the City with written
verification of compliance from the Garvey School District.
The applicant has satisfied this condition. The school fees were paid on
January 13, 2006.
11.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.
Wal-Mart is currently in compliance with this condition. There is no
construction taking place at this time.
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12. Developer and its successors shall be required to meet with staff for a pre-
construction meeting prior to the beginning of any site work.
Wal-Mart is in compliance with this condition. There is no construction
taking place at this time.
13. City staff shall have access to the subject property during construction hours
to monitor progress.
Wal-Mart is in compliance with this condition. There is no construction
taking place at this time.
14.The conditions shall be copied directly onto. development plans submitted to
the Planning and Building Departments for review.
The applicant satisfied this condition during the building plan check phase.
15. Driveways and parking areas shall be surfaced and improved with asphalt
cement and thereafter maintained in good serviceable condition. Driveway
entrances shall be improved with a decorative, stamped, colored concrete
surface, subject to the review and approval of the Planning Director:
Staff performed a site inspection to verify the maintenance of all driveways
and parking areas on October 22, 2009. The applicant is in compliance
with this condition.
16. Sufficient off-street parking shall be provided on-site to meet the requirements
of the Rosemead Municipal Code, including parking for persons with
disabilities (in accordance with the most current edition of the Americans with
Disabilities Act Accessibility Guidelines).
The applicant has satisfied this condition.
17.A wall and fence plan will be required if any perimeter fencing or walls are
proposed. The colors and materials of the proposed fence shall be consistent
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or compliment the submitted color and material board and first be approved
by the Planning Department prior to installation.
The applicant satisfied this condition.
18. Prior to issuance of building permits, a detailed landscape and irrigation plan
prepared by a licensed landscaped architect shall be submitted to the
Planning Department for review and approval for the Parcel being improved;
said plan shall reflect the landscape and site plans contained in Exhibit
a. The plan shall include automatic timers and rain shutoff valves;
b. Landscaping irrigation systems shall be designed for high efficiency and
irrigation timers programmed for minimized water usage;
c. All landscape planters shall be surrounded by 4 - 6 inch high curbs;
d. A landscape edge treatment of approximately 32 feet shall be provided
along the westerly Delta St. project boundary;
e. Perimeter landscaping along Walnut Grove Avenue and Rush Street shall
continue the landscaping themes of those corridors;
f. Additional landscape and hardscape features shall be developed along
the Rush Street perimeter to provide additional visual interest and
enhancement.
The applicant satisfied this condition. Wal-Mart continues to maintain all
landscaped areas onsite.
19.AII landscaping and irrigation shall be installed and completed prior to final
Planning Department approval. Perimeter landscaping shall be installed
concurrent with the development of Parcel 1; landscaping on the interior of
Parcels 2 and 3 need not be implemented until building permits are taken out
for the improvements on each of those parcels.
The applicant has satisfied this condition.
20.All ground level mechanical/utility equipment (including meters, back flow
preservation devices, fire valves, A/C condensers, furnaces and other
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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. Wal-Mart continues to maintain all landscaped
areas onsite, and has been in the process of replanting bare areas with
new material.
21.All loading areas, mechanical equipment and trash disposal areas shall be
screened from view with materials approved by the Planning Department.
The applicant has satisfied this condition.
22. All trash enclosures shall be constructed to City Standards.
The applicant has satisfied this condition.
23. 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.
This construction condition of approval was deemed satisfied by the
issuance of the Building Certificate of Occupancy on September 20, 2006.
24.There shall be no outside storage of shipping containers, other than in
screened areas indicated on the approved site plan. All trash and debris shall
be contained within a trash enclosure or compactor.
A site visit on October 22, 2009, confirmed that there are no
outdoor storage and shipping containers onsite.
25.There shall be no outdoor sales activity on the site except as allowed by
temporary sales as set forth in condition 26 below; no outside vending
machines shall be allowed.
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The applicant is in compliance with this condition. A site visit on October
22, 2009, confirmed that all vending machines are located inside the main
building adjacent to the main entries. No vending machines are located
outside.
26. Except for the outside display and storage of Christmas trees and pumpkins
which is a permitted use under the Municipal Code, the outdoor seasonal
and/or promotional sales displays shall only be allowed when issued a
temporary outdoor sales license by the City (an over-the-counter
administrative approval). All requirements of the temporary outdoor sales
ordinance shall be followed.
The applicant is in compliance with this condition of approval.
27. Electronic Shopping Cart wheel locks shall be installed on all carts that are
utilized on the site to contain all carts within the perimeter property lines of the
shopping center.
The applicant has satisfied this condition, and continues to work to ensure
that shopping carts do not leave the site. If carts do leave the site, Wal-
Mart has a system in place to retrieve the carts immediately. Wal-Mart
continues to maintain a contract with West Coast Shopping Cart Service
to retrieve shopping carts that are around the neighborhood.
28. "No overnight camping" and "No Loitering" signs shall be installed throughout
the parking lot area on signs acceptable to the Planning Department.
The applicant has satisfied this condition.
29. Developer shall post signs stating "possession of open alcoholic beverages
on the premises prohibited by law", along sidewalks and parking lots. Size,
location and material of signs shall be to the satisfaction of the Planning
Department.
The applicant has satisfied this condition. A site visit on October 22, 2009
confirmed that signage has been posted throughout the site.
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30. Conditional Use Permit No. 03-939 is for the issuance of an Off Sale alcohol
license for a Type 21 (general alcohol). The appropriate license from the
California Alcoholic Beverage Control shall be maintained and all conditions
of the ABC license are hereby incorporated as conditions of this CUP
approval. Violation of either the conditions of this approval or the ABC
conditions shall be grounds for revocation of the CUP approval.
An updated incident report from the Public Safety Center, dated August
31, 2009, indicates that the applicant is in compliance with this condition..
A copy of this report has been attached as Exhibit D.
31.A uniform sign plan shall be submitted for review.
The applicant has satisfied this condition. A uniform sign plan was
approved on July 11, 2006.
32.Any proposed signage must be reviewed and approved by the Planning
Division and must comply with City Sign Regulations.
The applicant has satisfied this condition. A uniform sign plan was
approved on July 11, 2006. On February 12, 2009, the Planning Division
approved a new sign plan for the upgrade of exterior wall signage to the
new Wal-Mart corporate sign colors and design.
33. Signs shall reflect material and design elements of the project and shall be
compatible with the streetscape elements of adjoining areas.
The applicant has satisfied this condition. A sign plan was approved on
July 11, 2006. The new signage, which was approved by the Planning
Division on February 12, 2009, is compliant with this condition.
34.The numbers of the address signs shall be at least 6" tall with a minimum
character width of 1/4", 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 Director of Planning prior to installation.
The applicant is in compliance with this condition.
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35.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.
This condition was deemed satisfied by the issuance of the Building
Certificate of Occupancy on September 20, 2006.
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.
Furthermore, according to a letter from Southem California Edison, dated
February 20, 2008, given the size of service that Wal-Mart requires
(3000AMP service 2771480V 3P4M, it was essential to install a large
transformer to accommodate the load. The letter also states that these
transformers are not readily available for below ground operation. 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.
36. Violation of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Citation and/or initiation of revocation proceedings are not applicable to
this applicant at this time.
37. Minor modifications of the approved plans, except for the plans for the mini-
mall on Parcel 2, may be approved by the Planning Director. The Rosemead
Planning Commission must act on any substantial changes to the approved
plans, to any changes of these conditions of approval and to any changes of
plans approved for the mini-mall on Parcel 2.
Wal-Mart is in compliance with this condition.
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38.The Developer shall pay the required "Document Handling Fee" in order to
file the Notice of Determination with the County of Los Angeles.
The applicant satisfied this condition. The Notice of Determination was
filed on December 14, 2005.
39.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.
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.
40.A lighting plan (photometric plan), addressing parking lot security lighting on-
site, shall be submitted in conjunction with the Final Site Plan application for
review and approval by the City Planning Department.
The Planning Division reviewed a photometric survey of the proposed
lighting prior to approving the electrical plan. The formal sign-off on Wal-
Mart's permits by City staff constitutes approval both the Planning and
Building and Safety Divisions requirements.
41.A 14-foot high decorative block wall shall be constructed along the northern
and western boundary and along the southern boundary to the depth of the
truck well with the development of Parcel 1.
The applicant has satisfied this mitigation measure by constructing the 14-
foot tall sound walls to be flush with the building walls.
42.AII mitigation measures set forth in the Mitigation Monitoring Program are
incorporated as conditions of approval. Unless otherwise specified, any
mitigation measure listed in the EIR which was not included in the Mitigation
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Monitoring Program shall be deemed to have been included as a mitigation
measure as though included in the Mitigation Monitoring Program and
incorporated as a condition of approval. In the case of any conflict between
the mitigation measures and these conditions, the wording that provides the
most protections to the City shall apply. Mitigation Measure 4.4.9 is
specifically excluded as the CUP for the gasoline station is not approved.
Please see Exhibit "C" regarding the applicant's compliance with the
Mitigation Monitoring Program.
43.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.
The applicant is currently in compliance with this condition of approval.
44. No portion of the parking lot area shall be used by or sublet for any other
business activity not associated with general merchandise/grocery activities.
The Public Safety Services Division submitted a memorandum, dated
August 31, 2009, which indicates that the applicant is in compliance with
this condition. A copy of this memorandum has been attached as Exhibit
«D
45.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
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.
The CC&R's were recorded on December 8, 2005. Staff completed a site
inspection on October 22, 2009, and noted that there are two magnolia
trees located on Delta Avenue that need to be replaced. Wal-Mart is
aware of this matter and is in the process of replacing these trees.
46. No access to the site shall be provided from Delta Avenue..
The applicant is in compliance with this condition of approval.
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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."
47. Bollards shall be located adjacent to all pedestrian service doors in locations
approved by the Building Division in order to prevent vehicles from blocking
access.
The Building and Safety Division has reported that the subject bollards are
still in good condition. Therefore, the applicant is in compliance with this
condition of approval.
48. During construction, all roads shall be kept free of nails or other construction
debris that may pose a hazard to emergency and other city vehicles.
The applicant is currently is compliance with this condition. Construction
is not taking place at this time.
49.An as-built set of plans shall be submitted upon completion of the project.
The applicant has satisfied this condition.
50.The walls on the outside of the Project Site shall be coated with graffiti-
resistant materials or landscaping treatments such as wall-climbing vines
shall be planted to help deter graffiti. Tenants shall be responsible for
cleaning graffiti on their buildings within 48 hours of notification of such
graffiti; the major tenant shall be responsible for cleaning graffiti on the
perimeter walls of the Project Site within this same time period. Complaints
regarding graffiti on the perimeter walls or on the major tenant's building may
be made to the customer service department of the major tenant.
The applicant has been in compliance with this condition.
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51. Developer shall file a Notice of Intent with the State Regional Water Quality
Board.
The applicant has satisfied this condition.
52. In the event of any administrative, legal or equitable action or other
proceeding instituted by any person, entity or organization challenging the
validity of the project approvals to which these conditions attach or
challenging the sufficiency of any environmental review, the Developer shall
cooperate with the City in the defense of any such challenge. Developer
agrees that City may, at its sole option, tender the complete defense of any
such third party challenge to the Developer, and upon acceptance of such
tender by Developer, Developer shall indemnify and hold harmless City
against any and all fees and costs arising out of the defense of such
challenge and shall control the defense. Should Developer refuse to accept
such a tender by the City, City may defend such action or proceeding and if
City so defends, Developer shall indemnify and hold City harmless from all
attorneys' fees related to such defense.
The applicant has satisfied this condition. Monies were deposited with the
City on August 31, 2006.
53.The Developer shall pay for all of the City's costs, including the costs of
outside consultants, incurred in working on the CEQA and project entitlement
review and shall pay for all costs related to the Mitigation Monitoring Program.
Prior to beginning construction, the Developer shall pay all fees incurred to
date and shall deposit $10,000 toward the Mitigation Monitoring Program.
The City shall keep track of the actual costs of the Mitigation Monitoring
Program and in the case of a difference between the deposit and the actual
cost, the Developer shall either pay for any additional costs or the City shall
refund the difference.
The applicant has satisfied this condition and the process is moving
forward. Monies were deposited with the City on August 31, 2006.
54.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.
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The applicant has satisfied this condition. During the Planning
Commission meeting on April 21, 2008, the Commissioners clarified that
the Christmas Season period started the day after the Thanksgiving
holiday and ended on December 26th
55. The parking lot lights shall be dimmed two hours after closing.
An updated incident report, dated August 31, 2009, from the Public Safety
Center, indicates that applicant is in compliance with this condition. This
report has been attached as Exhibit `D."
56. No single can sales of alcohol shall be allowed; the liquor department shall
not be located near an entrance.
An updated incident report, dated August 31, 2009, from the Public Safety
Center, indicates that applicant is in compliance with this condition. This
report has been attached as Exhibit `D."
57. All references to the "Developer" shall include any successors in interest.
Staff has no comment.
58. The cart storage area in front of the stores shall be fully screened from view.
The applicant has satisfied this condition. The applicant has integrated
decorative CMU split-face block screen walls into the building's
architecture at the north and south ends of the building to screen the
placement of carts before they are rolled into the store.
59.The Planning Commission shall conduct an annual review of the major
tenant's operation to insure that it is complying with all conditions of approval.
The first review shall take place one year after a certificate of occupancy, or
temporary certificate of occupancy, is issued.
The applicant has satisfied this condition. The City of Rosemead Planning
Commission conducted Wal-Mart's first annual review on November 17,
2007. Follow-up discussions of this initial review took place at Planning
Commission meetings on December 3, 2007, April 7, 2008, April 21, 2008,
Wal-Mart Conditions of Approval
Annual Review
Page 15 of 28
and on May 5, 2008, as well as at a City Council meeting on June 10,
2009. A second annual review was initiated on March 16, 2009, and a
follow-up discussion took place on May 18, 2009.
60. No guns, handguns, rifles, or other types of firearms or ammunition shall be
sold from any business on the Project Site.
The applicant has satisfied this condition. Staff verified during a site
inspection on October 22, 2009, that firearms and ammunition are not
being sold.
CITY ENGINEER'S CONDITIONS OF APPROVAL
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.
The applicant has satisfied this condition.
2. A final parcel 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 prior to being filed with
the County Recorder.
The applicant has satisfied this condition.
3. 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.
The applicant has satisfied this condition.
4. Monumentation of parcel map boundaries, street centerline and lot
boundaries is required for a map based on a field survey.
The applicant has satisfied this condition.
Wal-Mart Conditions of Approval
Annual Review
Paoe 16 of 28
5. Final parcel map shall be filed with the County Recorder and one (1) mylar
copy of filed map shall be submitted to the City Engineer's office. Prior to the
release of the final map by the City, a refundable deposit in the amount of
$1,000 shall be submitted by the developer to the City, which will be refunded
upon receipt of the mylar copy of the filed map.
The applicant has satisfied this condition.
6. The developer shall comply with all requirements of the Subdivision Map Act.
The applicant has satisfied this condition.
7. Developer shall obtain a public works permit for all work in or adjacent to the
public right-of-way.
The applicant has satisfied this condition.
8. Developer shall install and. complete all necessary public improvements,
including but not limited to street, curbs, gutters, sidewalks, handicap ramps,
and storm drains, along the entire street frontage of the development site as
required by the City Engineer.
The applicant has satisfied this condition.
9. The project proponent shall dedicate appropriate right-of-way or easements to
accommodate improvements adjacent to and on the project site, if applicable.
The applicant has satisfied this condition.
10.A precise grading and drainage plan, prepared by a civil engineer registered
in the State of California, shall be submitted to the Building Department for
approval prior to the issuance of building permits, which shall conform to all
requirements of the City of Rosemead Grading Ordinances. The grading plan
shall include, but not be limited to:
A. Prior to the recordation of the final map, grading and drainage plans must
Wal-Mart Conditions of Approval
Annual Review
Page 17 of 28
be approved to provide for contributory drainage from adjoining properties
as approved by the City Engineer, including dedication of the necessary
easements.
B. The grading and drainage plan must provide for each lot having an
independent drainage system to the public street, to a public drainage
facility, or by means of an approved drainage easement.
C. Historical or existing storm water flow from adjacent lots must be received
and directed by gravity to the street, a public drainage facility, or an
approved drainage easement.
D. The proposed drainage system shall be constructed and connected to the
existing storm drain in Walnut Grove Avenue. Developer shall process the
storm drain plans through Los Angeles County Department of Public
Works.
E. Surface water generated from each lot shall not drain over the sidewalk or
driveway into the gutter on Delta Avenue, Rush Street and Walnut Grove
Avenue.
F. Developer must comply with the City's storm water ordinance and SUSMP
requirements.
The applicant has satisfied these conditions.
11. For parcels 1, 2 and 3 only, Developer shall prepare and record a covenant,
subject to City Engineer's approval, to allow cross lot drainage.
The applicant has satisfied this condition.
12. For parcels 1, 2 and 3 only, Developer shall prepare and record a covenant,
subject to City Engineer's approval, for ingress and egress, utility and .
drainage easement, fire lane, to the extent not provided on the parcel map,
and maintenance of the private driveways.
The applicant has satisfied this condition.
13. Developer shall prepare and record a covenant, subject to City Engineer's
approval, for reciprocal vehicular and pedestrian access between parcels 1, 2
Wal-Mart Conditions of Approval
Annual Review
Pape 18 of 28
and 3.
The applicant has satisfied this condition.
14. Roadways shall be improved as required by the City Engineer.
The applicant has satisfied this condition.
15.The final layout and site driveway design shall be subject to the review and
approval of the City Engineer.
The applicant has satisfied this condition.
16. New drive approaches shall be constructed at least 5' from any above-ground
obstructions in the public right-of-way to the top of 'Y' or the obstruction shall
be relocated.
The applicant has satisfied this condition.
17. Drive approaches shall be at least 20' wide.
The applicant has satisfied this condition.
18. Clear unobstructed sight distances shall be provided at all unsignalized site
driveways.
The applicant has satisfied this condition.
19.Clear visibility of pedestrians approaching on-site intersection crosswalks
shall be provided; signage and other objects shall not obstruct clear views
between drivers and pedestrians.
The applicant has satisfied this condition.
20.The project proponent shall coordinate with the City of Rosemead and the
Wal-Mart Conditions of Approval
Annual Review
Page 19 of 28
County Fire Department during the development review process to ensure the
adequacy of the proposed: (1) driveway vertical profiles, to ensure a smooth
transition between the roadway and the driveway change in grade, (2)
designation of the curb at the building face as a fire lane, to ensure that
emergency vehicles have access to all building faces, and (3) the internal
circulation system relative to emergency access.
The applicant has satisfied this condition.
21.The project proponent shall comply with the requirements of the applicable
transportation agencies regarding the public transit facilities required on or
off-site, as set forth by the City Engineer.
The applicant has satisfied this condition.
22. Damaged curb, gutter and sidewalk along Delta Avenue, Rush Street and
Walnut Grove Avenue shall be reconstructed.
The applicant has satisfied this condition.
23. Developer shall construct handicapped access ramps at all on-site
intersections and site driveways.
The applicant has satisfied this condition.
24. Developer shall modify the existing traffic signal at the intersection of Walnut
Grove Avenue and Rush Street to include north/south left-turn phasing in
conjunction with the proposed development. Pedestrian crossing
improvements at this intersection shall be provided to the satisfaction of the
City.
The applicant has satisfied this condition.
25.The north site access on Walnut Grove shall be signalized in conjunction with
the construction of the initial phase of the proposed commercial center. At
the construction stage, the developer shall provide signal timing plans and
interconnect the closely adjoining signalized intersections to provide adequate
coordination. Pedestrian crossing improvements at this intersection shall be
Wal-Mart Conditions of Approval
Annual Review
Paqe 20 of 28
provided to the satisfaction of the City.
The applicant has satisfied this condition.
26. Developer shall provide two (2) entering, and two (2) exiting lanes at the north
site access driveway on Walnut Grove. To provide efficient signal operation at
the north site access on Walnut Grove, separate sensing of the driveway's
right-turn and left-turn exit lanes shall be provided. The left turn exiting lane
at this location shall be a minimum of 100 feet in length.
The applicant has satisfied this condition.
27.A median break with a minimum 225-foot recessed left-turn bay shall be
provided for NB Walnut Grove at the north Walnut Grove driveway access.
The applicant has satisfied this condition.
28. The customer entrance on Rush Street shall be signalized in conjunction with
the construction of the initial phase of the proposed commercial center and
provide separate right-turn and left-turn lanes for vehicles leaving the site. At
the construction stage, the developer shall provide signal timing plans and
interconnect the closely adjoining signalized intersections to provide adequate
coordination.
The applicant has satisfied this condition.
29. The existing left-turn bay on Rush Street at Walnut Grove shall be lengthened
to a minimum of 325 feet.
The applicant has satisfied this condition.
30.A left-turn bay shall be provided at the median openings for the customer
access on Rush Avenue.
The applicant has satisfied this condition.
31. There shall be no delivery truck driveway on Rush Street; delivery trucks shall
Wal-Mart Conditions.of Approval
Annual Review
Page 21 of 28
take access off of Walnut Grove Avenue.
Due to prior accounts of delivery trucks entering the site on the Rush
Street driveway, as recent as May 7, 2009, the City has taken action to
install new signage at this location. The Public Services Division is in the
process of installing "No Truck Left Turn" and "No Truck Right Turn"
signage on the light signals at the Rush Street site access driveway.
Furthermore, Wal-Mart installed additional signage at their loading docks
to educate drivers of this requirement. Exhibit F illustrates the location
and provides photos of the new signage that Wal-Mart has installed.
32.The developer shall install all street name signs, stop signs, and all other
miscellaneous signage as deemed necessary by the City Engineer,
regardless of whether such signs are shown on the street improvement plans.
All signs must be installed to City of Rosemead, County and/or Caltrans
standards, as applicable, prior to utility clearances and occupancy certification
of the first development phase.
The applicant has satisfied this condition.
33.The developer shall be responsible for installing or repairing all centerline
striping, traffic legends, raised reflective pavement markers and other traffic
delineation required by the City Engineer, including signal loops damaged or
required to be installed as a requirement of the project.
The applicant has satisfied this condition and should continue to do so.
34.AII on-site parking and circulation areas shall be paved as required by a
pavement engineering or geotechnical report prepared by a civil engineer,
subject to review and approval of the City Engineer.
The applicant has satisfied this condition.
35. Developer shall construct handicapped access ramps per City standards at
the corners of Walnut Grove Avenue and Rush Street, and Rush Street and
Delta Avenue.
The applicant has satisfied this condition.
Wal-Mart Conditions of Approval
Annual Review
Page 22 of 28
36.Vehicle storage space in all left-turn bays associated with site access points
and the adjacent intersection shall be provided to the satisfaction of the City
Engineer.
The applicant has satisfied this condition.
37.The site design shall provide the facilities necessary to safely integrate
alternate transportation modes such as bicycle usage, pedestrian access, and
transit operations into the site access and circulation system on-site and
minimize the area where vehicle conflicts with bicyclists and pedestrians can
occur.
The applicant has satisfied this condition.
38. Bicycle rack(s) shall be installed pursuant to Chapter 12.32 of the Rosemead
Municipal Code.
The applicant has satisfied this condition.
39. Left-turn site egress shall be prohibited at the proposed southern site access
on Walnut Grove Avenue.
The applicant has satisfied this condition.
40. Street trees sized at a minimum of 24 inch boxed, shall be installed within the
setback areas adjacent to the parkway of all streets. The type, size and
location of the street trees shall be approved and inspected prior to planting
by the City Engineer.
The applicant has satisfied this condition. However, Wal-Mart shall
continue to maintain the parkway landscaping on an ongoing basis.
41. Prior to issuance of a certificate of occupancy for Phase 1 Improvements,
Developer shall deposit an amount determined by the City Engineer for the
costs of installing a flashing beacon at school crossing and funding a school
crossing guard program at the corner of Rush Street and Delta Avenue for a
minimum of 20 years.
Wal-Mart Conditions of Approval
Annual Review
Paoe 23 of 28
Monies were deposited with the City on August 31, 2006. A recent traffic
study completed by Kimley-Hom and Associates (KHA), revealed that
although the installation of a flashing beacon was not warranted at, the
intersection of Rush Street and Delta Avenue, other tragic calming
measures should be implemented. Therefore, the City will use the monies
that were deposited in accordance with this condition for these proposed
traffic calming measures.
42. The Walnut Grove Avenue entry shall be 58 feet, providing four (4) 12-foot
lanes, two inbound and two outbound, and a 10-foot wide landscaped
median.
The applicant has satisfied this condition.
43.Approval of this land division is contingent upon the installation of local 8-inch
(minimum) main line public sewer within a dedicated (10 feet minimum)
easement to the City. Separate house laterals shall be constructed to serve
each lot of the land division.
The applicant has satisfied this condition. The onsite sewer system that
was installed is privately maintained.
44. The developer shall send a print of the sewer plans to the City and to the Los
Angeles County Department of Public Works for review. Approval must be
assured prior to filing this land division map.
The applicant has satisfied this condition.
45. The developer shall consult the City Engineer to determine the sewer location
and design requirements.
The applicant has satisfied this condition.
46. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
The applicant has satisfied this condition.
Wal-Mart Conditions of Approval
Annual Review
Page 24 of 28
47.AII lots shall be served by adequately sized water system facilities, which
shall include fire hydrants of the size, type and location as determined by the
Fire Chief.
The applicant has satisfied this condition.
48. The water mains shall be of sufficient size to accommodate the total domestic
and fire flow required for the land division. Domestic flows required are to be
determined by the City Engineer. Fire flows required are to be determined by
the Fire Chief.
The applicant has satisfied this condition.
49. Plans and specifications for the water system facilities shall be submitted for
approval to the water company serving this land division. The subdivider
shall submit an agreement and other evidence, satisfactory to the City
Engineer, indicating that the subdivider has entered into a contract with the
servicing water purveyor guaranteeing payment and installation of the water
improvements.
The applicant has satisfied this condition.
50. Prior to the filing of the final map, there shall also be filed with the City
Engineer, a statement from the water purveyor indicating subdivider
compliance with the Fire Chiefs fire flow requirements.
The applicant has satisfied this condition.
51.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 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 are not fast food restaurants located on the Wal-Mart parcel that
have drive-through facilities. Therefore, the applicant has satisfied this
Wal-Mart Conditions of Approval
Annual Review
Paae 25 of 28
condition.
52. If any oil, gas or injection wells are discovered within the Project Boundaries,
the Developer shall notify the Department of Conservation (Cypress office)
and comply with any necessary closure/remedial actions required by DOC.
Staff has no comment.
53.Sidewalks shall be installed on the easterly side of Delta immediately
adjacent to the street frontage of the Project site; Delta shall be fully improved
to City standards to the satisfaction of the City Engineer.
The applicant has satisfied this condition.
FIRE DEPARTMENT - CONDITIONS OF APPROVAL
Wal Mart
Rosemead Planning Commission
On October 28, 2009, the Los Angeles County Fire Department reported that
there are no outstanding issues or current violations with any of the conditions.
1. An engineered automatic sprinkler system is required to be installed pursuant
to applicable Building and Fire Codes to the satisfaction of the County Fire
Department. Plans for such a system shall be submitted for review and
approval by the County Fire Department prior to the issuance of building
permits.
2. The use or storage of any hazardous or flammable materials shall comply
with the requirements of the Fire Department and must be in compliance with
the Uniform Fire Code.
3. Underground fuel storage tanks and any associated tank connections shall be
submitted to the Los Angeles County Department of Health Services for
approval prior to review/approval by the County Fire Department. Contractors
performing said work shall obtain a Fire Department Permit prior to
commencement of work. Access roadways shall be provided as per the
current edition of the Uniform Fire Code and property marking designating
"No Parking" where necessary to ensure an unobstructed clear width.
Wal-Mart Conditions of Approval
Annual Review
Page 26 of 28
4. A water supply system shall be installed, capable of providing the required fire
flow for the proposed type of development as per requirements of the
applicable Fire Code.
5. Where access to or within a structure area is restricted because of secured
openings and immediate access is necessary for life saves or fire fighting
purposes, a Knox Box is to be installed in an accessible location as approved
by the Fire Department. The Knox box shall be of a type approved by the Fire
Department.
6. Fire apparatus access roads shall be required for any building constructed
where any portion of an exterior wall is located more than 150 feet from Fire
Department vehicle access point. Fire apparatus roads shall have an
unobstructed width of not less than twenty (20) feet and an unobstructed
vertical clearance of not less than thirteen (13) feet, six (6) inches.
7. All streets and access roadways as approved on the final tract map shall be
maintained in such a manner as to provide access for emergency vehicles at
all times during construction phase. All streets and/or access roadways shall
be constructed and maintained as to provide a smooth driving surface of not
less than twenty (20) feet of unobstructed width, capable of supporting the
imposed load of Fire Department apparatus and/or emergency rescue
equipment to within seventy-five (75) feet of all structures. Failure by the
developer and the persons responsible for the project site to comply with this
provision or any of the other requirements outlined in Rosemead Municipal
Code and the applicable Fire Code, will be cause for the Fire Chief to require
that all activity be discontinued pending compliance.
8. If temporary fencing is used to enclose the construction site, at least two (2)
means of unobstructed access must be installed and maintained each of
which is to be located as to give maximum access to all parts of the site.
Locking devices shall be of materials which can be readily forced by
equipment used by the Los Angeles County Fire Department.
9. The storage or stacking of lumber, fabricated components or other
combustible materials is not permitted nor shall the storage of structure
framing lumber be initiated within the City limits until all water lines and
hydrants, as set forth on the approved water map for the project, have been
installed and approved by the Los Angeles County Fire Department.
10.To the extent not already covered by the conditions set forth herein,
development shall conform to the regulations of the California State Fire
Wal-Mart Conditions of Approval
Annual Review
Page 27 of 28
Marshal as contained within Title 19 and Title 24 of the California Code of
Regulations.
11. The developer shall submit a list of hazardous or flammable materials used or
stored and the quantities of each to the Building Division prior to plan check.
A hazardous material management plan (HMMP) per UBC 307.1.6 shall be
prepared and submitted prior to plan check submittal. Additional fees
incurred by Building Division shall be paid for the analysis and review of the
HMMC.
12: When required, permits from County Department of Health Services for use,
storage, or disposal of hazardous materials shall be obtained prior to final
approval of the project Certificate of Occupancy.
13.The final development plans shall comply with all applicable code and
ordinance requirements for construction, access, water mains, fire flows and
hydrants and shall meet the following minimum requirements:
a. Development may require fire flows up to 5,000 gallons per minute at 20
pounds per square inch residual pressure for up to a five-hour duration;
final fire flows will be based on the size of buildings, its relationship to
other structures, property lines, and types of construction.
b. Fire hydrant spacing shall be 300 feet and shall meet the following
requirements:
No portion of lot frontage shall be more than 200 feet via vehicular
access from a public fire hydrant
ii. Additional hydrants shall be required if hydrant spacing exceeds
specified distances;
c. Turning radii shall be not less than 32 feet;
d. A Fire Department approved turning area shall be provided for all
driveways exceeding 150 feet in length; all on-site driveways shall provide
a minimum unobstructed width of 28 feet, clear-to-sky. The on-site
driveway is to be within 150 feet of all portions of the exterior walls of the
first story of any building.
14. Specific fire and life safety requirement for the construction phase will be
imposed during building fire plan check.
Wal-Mart Conditions of Approval
Annual Review
Page 28 of 28
15.AII buildings shall be accessible to Fire Department apparatus by way of
access roadways, with an all weather surface of not less than the width
prescribed by the Fire Department, unobstructed, clear-to-sky. The roadway
shall be extended to within 150 feet of all portions of the exterior walls when
measured by an unobstructed route around the exterior of the building.
16. Fire sprinklers shall be required in all buildings.
LJ
0
0
71
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 (M1vIP) identifies measures incorporated in the project which reduce its
potential environmental effects; 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 NCYT employs both reporting on, and
monitoring of, project mitigation measures.
The objectives of the MMP are to:
• Assign 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 B
Mitigation Monitoring Plan
Rosemead Commercial Retail Center
4-1
Final Environmental Impact Report (m 2004 Applied Planning, Inc.) Page
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 mitigationmonitoring 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 2004 Applied Planning, Inc) Page 4-2
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EXHIBIT C
WAL-MART
MITIGATION MONITORING PLAN STATUS
November 2, 2009
MITIGATION MEASURES
EARTH RESOURCES
Earth Resources - Comments
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.
4.2.1 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.2.2 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.2.3 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.2.4 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.2.5 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
Wal-Mart Mitigation Monitoring Plan Status, November 2, 2009
Page 1 of 3
4.2.6 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.2.7 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.2.8 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.2.9 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.2.10 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.2.11 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
AIR QUALITY
Air Quality - Comments
4.4.1 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.4.2 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.4.3 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.4.4 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.4.5 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.4.6 Development of Parcel 1 is complete. The applicant has satisfied.this mitigation
measure.
4.4.7 The applicant has satisfied this mitigation measure and should continue to do so.
4.4.8 The applicant has satisfied this mitigation measure and should continue to do so.
4.4.9 The Conditional Use Permit for the fueling station was denied by the City
Council.
Wal-Mart Mitigation Monitoring Plan Status, November 2, 2009
Page 2 of 3
I
4.4.10 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.4.11 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.4.12 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measure.
4.4.13 Development of Parcel 1 is complete. The applicant has satisfied these mitigation
measures.
4.4.14 Development of Parcel 1 is complete. The applicant has satisfied these mitigation
measures.
NOISE
4.5.1 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measures.
4.5.2 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measures.
4.5.3 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measures.
4.5.4 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measures.
4.5.5 Development of Parcel 1 is complete. The applicant has satisfied this mitigation
measures.
Wal-Mart Mitigation Monitoring Plan Status, November 2, 2009
Page 3 of 3
0]
r
CITY OF ROSEMEAD
MEMORANDUM
TO: Sheri Bermejo, Principal Planner
FROM: Tim Murakami, Chief of Police
DATE: August 31, 2009
SUBJECT: WALMRT ANNUAL REVIEW OF CONDITIONS OF APPROVAL
Per your request an inspection was conducted at Wal Mart to ensure compliance with
conditions set forth by the City of Rosemead. The conditions inspected were as
follows:
# 27 Electronic Shopping Cart
#28 No overnight camping and No loitering signs
#30 Off sale liquor license
#44 No portion of the parking area shall be used by or sublet for any other
business activity
#55 Parking lights dimmed two hours after closing
#56 No single can sales of alcohol
The Department of Public Safety found Wal Mart to be in complinace with the
conditions of approval as requested by the city.
EXHIBIT D
DUDEK
1c; fiuG=
October 28, 2009
Ms. Jennifer Guenther
Gresham Savage Nolan & Tilden, APC
550 E. Hospitality Lane, Suite 300
San Bernardino. CA 92408-4205
Re: Rosemead Wal-Mart - Transformer Noise Abatement
Dear Ms. Guenther:
P.N. 6497-01
This letter evaluates the noise attenuation associated with the sound wall proposed to be
constructed adjacent to an existing transformer at the Wal-Mart located at 1827 Walnut Grove
Avenue in the City of Rosemead. In summary, a sound wall is proposed to be constructed
adjacent to the existing transformer at the Wal-Mart store. Existing residences are located along
the west side of Delta Avenue across from the transformer. With installation of the sound wall
the transformer noise is calculated to be 43 dBA or less at the adjacent residential property. This
noise level will comply with the City's Noise Ordinance standards.
Background Information
Previous noise measurements indicate the existing transformer generates a sound level of up to
52 dBA at the residential property located along the west side of Delta Avenue (Wieland 2009).
The location of the transformer is depicted in Attachment 1.
The City's Noise Ordinance criteria for residential properties are depicted in Table 1. As shown
in the table, the noise level limit at residential properties range from 45 dBA to 80 dBA
depending on the time of day, and the number of minutes in any hour that the noise source is
operating.
Table 1
City of Rosemead Municipal Code Standards for Residential Properties
Noise Level that may not be
Noise Descriptor
Exterior Noise Level, dBA
exceeded for more than...
7 a.m. to 10 .m.
10 .m. to 7 a.m.
30 minutes during any hour
L50
60
45
15 minutes during any hour
L25
65
50
5 minutes during an hour
L8
70
55
1 minute during any hour
L2
75
60
0 minutes during any hour
Lmax
80
65
EXHIBIT E
Ms. Jennifer Guenther October 28, 2009
Rosemead Wal-Mart - Transformer Noise Abatement Page 2
Future Transformer Noise Level with Sound Wall
A 6-foot high masonry sound wall is proposed to be constructed on top of a 4-foot high retaining
wall along the west side of the transformer. With implementation of this sound wall the noise
level associated with the transformer is calculated to be 43 dBA or less at the adjacent residential
property. Thus, the proposed sound wall will adequately reduce the noise from the transformer
and will comply with the City's Noise Ordinance criteria.
Conclusion
With installation of the proposed sound wall the transformer noise is calculated to be 43 dBA or
less at the adjacent residential property. This noise level will comply with the City's Noise
Ordinance criteria.
Please call me at 760.479.4855 if you have any questions.
Very truly yours,
Mike Komula
Senior Acoustician
Reference:
Wieland Acoustics, February 17, 2009. Monitoring of Activity Noise Levelsfrom the Wal-Mart
at 1827 Walnut Grove Avenue in Rosemead, CA.
ATTACHMENT I
SITE PLAN
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