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PC - Item 3B - Annual Review of Wal-Mart Conditions of Approval & Modification 13-04ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: OCTOBER 7, 2013 SUBJECT: ANNUAL REVIEW OF WAL -MART CONDITIONS OF APPROVAL & MODIFICATION 13 -04 SUMMARY On September 8, 2004, the City Council approved the Wal -Mart development at 1827 Walnut Grove Avenue 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 last annual review on August 20, 2012. There were only two (2) areas of maintenance improvements that were found during the 2012 review, which includes landscape maintenance and parking lot maintenance. Both issues were resolved by September 2, 2012. This report will provide an overview of Wal -Mart's compliance with all conditions of approval for 2013. Since Wal -Mart has demonstrated a good effort to satisfy all conditions of approval over the last few years, Wal -Mart Stores, Inc. has submitted an application requesting to modify the conditions of approval for Development Agreement 04 -01, Tentative Parcel Map 26827, and Conditional Use Permits 02 -882 and 03 -939 to eliminate Condition of Approval Number 59, which currently requires the annual Planning Commission review of Wal -Mart's compliance with the conditions of approval. Environmental Determination: Section 15061(b3) of the California Environmental Quality Act (CEQA) guidelines exempt projects from CEQA if the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Planning Commission Meeting October 7, 2013 Page 2 of 3 ANALYSIS Annual Review To verify Wal -Mart's compliance with the conditions of approval, the City of Rosemead Planning Division and Public Safety Department completed several onsite inspections from June to September 2013. The Planning Division's review was also coordinated with the Public Works Department, the Building and Safety Division, the Los Angles County Fire Department, and the South Coast Air Quality Management District (SCAQMD), as specific conditions were required of these departments when the project was approved. A complete review of each project condition of approval is provided in Exhibit "A ". For reference, the Mitigation Monitoring Plan is attached as Exhibit "B ", and the review of each mitigation measure is attached as Exhibit "C ". In June of this year, staff received a complaint from a Rosemead resident, regarding a faint noise that came from Wal -Mart. Staff immediately contacted Wal -Mart to ensure that this issue was resolved. After analyzing the noise, Wal -Mart discovered that the noise came from the solar inverter. To help reduce the noise, the Wal -Mart solar provider has agreed to install Acoustifence, a special noise - reducing acoustic fence material around the inverter. Wal -Mart has contacted the Rosemead resident who was happy and appreciative of their efforts to mitigate the noise issue. It is staffs opinion that Wal -Mart has demonstrated a good effort to satisfy all conditions of approval. There are only two (2) areas of maintenance improvements that were found during this year's review, which includes landscape maintenance and the display of a storage bin along the northwest corner of the lot. Wal -Mart has indicated that they are currently working with their gardener to address all landscaping concerns, as well as, the removal of the storage bin. They anticipate that everything will be resolved by October 12 Modification 13 -04 Wal -Mart Stores, Inc. is requesting to modify the conditions of approval for Development Agreement 04 -01, Tentative Parcel Map 26827 and Conditional Use Permits 02 -882 and 03 -939, to eliminate Condition of Approval Number 59, which currently states: "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." Per their Statement in Support of Modification of Entitlements (attached as Exhibit "D "), the applicant feels that most of the conditions of approval are related to the initial construction phase and since the store has operated in 2006, they have implemented all the conditions of approval, therefore, they are requesting to eliminate Condition of Approval Number 59. They believe that all of the conditions of approval will remain fully enforceable with the elimination of Condition of Approval Number 59. Staff Recommendation Based on the analysis contained in this report, it is recommended that the Planning Commission APPROVE or DENY Modification 13 -04. Following the Planning Planning Commission Meeting October 7, 2013 Paae 3 of 3 Commission's recommendation, staff will provide the appropriate resolution at the next regular scheduled Planning Commission meeting. Public Notice Process This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to one hundred seventy -two (172) property owners, publication in the Rosemead Reader on September 26, 2013, and postings of the notice at the six (6) public locations and on the subject site. TZ Lillyy TTrinnh Associate Planner EXHIBITS: Submitted by: Lot �. Michelle Ramirez Community Development Director A. Conditions of Approval Review Comments, dated October 7, 2013 B. Mitigation Monitoring Plan taken from Final EIR, dated August 2004 C. Mitigation Monitoring Plan Status, dated October 7, 2013 D. Wal -Mart's Statement in Support WAL -MART CONDITIONS OF APPROVAL Rosemead Planning Commission Annual Review October 7, 2013 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 19, 2007, building permits were issued for the interior remodel of the pharmacy, vision center, restrooms and a new photo lab. 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. Since Wal- Mart's 2010 annual review, building permits were issued for a sound wall in front of the existing electrical transformer on Delta Avenue, a solar electricity photovoltaic system, and a miscellaneous interior tenant improvement for wireless sales. All projects have been completed. 2. Approval of Development Agreement 04 -01, 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 two years. The applicant shall make progress towards initiation of the proposed uses or request an extension within 30 days prior to the expiration from the Planning Commission, otherwise these approvals shall become null and void. Exhibit "A" Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Paoe 2 of 26 The Business Certificate of Occupancy was issued on September 13, 2006, and the Building Certificate of Occupancy was issued on September 20, 2006. The business operation is in compliance with this condition of approval. 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 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 inspection with the Store Manager on September 13, 2006. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 3 of 26 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. Both the . Business Certificate of Occupancy and the Business License were issued to Wal -Mart on September 13, 2006. Staff completed a site inspection in July 2013. City records indicate that all businesses within the Wal -Mart building (McDonalds, Da -Vi Nails, Jenny Hung, OD, and Minute Key, Inc.) are currently operating with valid Business Licenses. US Bank is also operating within the Wal -Mart, however, banks are exempt from obtaining a Business License. 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. All landscaping improvements will be completed by October 12 10.Priorto 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. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 4 of 26 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. Building and Planning Staff always closely communicate with construction workers during projects completed at Wal -Mart. 13. City staff shall have access to the subject property during construction hours to monitor progress. Wal -Mart is in compliance with this condition. 14.These conditions of approval 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 in July 2013. 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 or compliment the submitted color and material board and first be approved by the Planning Department prior to installation. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 5 of 26 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 E. 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. Staffs site inspection revealed that the landscaping throughout the Wal- Mart parking lot requires maintenance. The Wal -Mart Store Manager has met with the gardener to ensure that the landscaping improvements are completed by October 12tH 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.AII 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. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 6 of 26 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. 21.AII 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. In May of 2011, Wal -Mart installed a roof mounted photovoltaic solar electric system. The project included the placement of solar panels on the roof and the installation of a control panel box near the transformer on Delta Avenue. New conduit runs over the parapet wall on the west side of the building to connect the solar panels to the control panel on the ground. This conduit was approved without discretionary review, as the California Solar Rights Act prohibits local governments from creating unreasonable barriers to the installation of solar energy systems. 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. Staffs site inspection in June and September of 2013 revealed that a storage container has been displayed along the northwest comer of the lot. Wal -Mart confirmed that the container will be removed by October 12m. Wal -Mart Conditions of Approval Annual Review -October 7, 2013 Page 7 of 26 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. The applicant is in compliance with this condition. A site inspection in September 2013, 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 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 is in compliance with this condition. A site inspection in July 2013, confirmed "No overnight camping" and No Loitering" signs are installed throughout the parking lot. 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. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 8 of 26 The applicant has satisfied this condition. A site inspection in July 2013 confirmed that signage has been posted throughout the site. 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. The applicant is in compliance with this condition. 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. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 9 of 26 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 Southern 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. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 10 of 26 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 of 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 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 Wal -Mart Conditions of Approval Annual Review -October 7, 2013 Page 11 of 26 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 is compliance with this condition. 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 applicant is currently is compliance with this condition. 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 several site inspections throughout the year to check on Wal -Mart's site maintenance. The landscaping within the public right -of -way is in good condition. 46. No access to the site shall be provided from Delta Avenue. The applicant is in compliance with this condition of approval. 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 Wal -Mart Conditions of Approval Annual Review — October 7, 2013 Paqe 12 of 26 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. 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. 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 Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 13 of 26 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. 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 26 th 55. The parking lot lights shall be dimmed two hours after closing. The applicant is currently is compliance with this condition. 56. No single can sales of alcohol shall be allowed; the liquor department shall not be located near an entrance. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 14 of 26 The applicant is currently is compliance with this condition. 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, 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 and November 2, 2009. A third annual review took place on August 16, 2010. A fourth annual review took place on September 19, 2011 and a follow -up discussion took place on October 3, 2011. The last annual review took place on August 20, 2012. 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 in July 2013 that firearms and ammunition are not being sold. CITY ENGINEER'S CONDITIONS OF APPROVAL 1. Details shown on the tentative map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Pape 15 of 26 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. 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. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 16 of 26 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 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 Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 17 of 26 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 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 "x" or the obstruction shall be relocated. The applicant has satisfied this condition. 17. Drive approaches shall be at least 20' wide. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 18 of 26 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 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. Wal -Mart Conditions of Approval Annual Review — October 7, 2013 Page 19 of 26 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 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. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 20 of 26 29.7he 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 take access off of Walnut Grove Avenue. The applicant has satisfied this condition. 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.All 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. Wal -Mart Conditions of Approval Annual Review - October 7, 2013 Page 21 of 26 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. 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 Wal -Mart Conditions of Approval Annual Review -October 7, 2013 Paae 22 of 26 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. Monies were deposited with the City on August 31, 2006. Traffic calming measures (in- pavement lighted crosswalk, speed feedback signs, roadway striping /marking, painted bulb -outs, and sidewalk improvements) were reviewed and approved by the Traffic Commission and City Council. In spring 2010, these traffic calming measures were completed. All improvements were funded using the funds deposited resulting from this condition of approval. 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 - October 7, 2013 Page 23 of 26 47.All 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 Chief's 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 no fast food restaurants located on the Wal -Mart parcel that have drive - through facilities. Therefore, the applicant has satisfied this condition. Wal -Mart Conditions of Approval Annual Review — October 7, 2013 Page 24 of 26 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 1, 2013, the Los Angeles County Fire Department reported that there are no outstanding issues or current violations with any of the Fire Department conditions of Approval. 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. 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. Wal -Mart Conditions of Approval Annual Review —October 7, 2013 Page 25 of 26 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 Marshal as contained within Title 19 and Title 24 of the California Code of Regulations. 111. 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 Wal -Mart Conditions of Approval Annual Review -October 7, 2013 Page 26 of 26 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: i. 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. 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. 4 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 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 MMP employs both reporting on, and monitoring of, project mitigation measures. I The objectives of the MNIP 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. Mitigationmonitoring and reporting procedures incorporated in the project are presented in the project, in the following Section 4.2. Specific mitigation measures incorporated mitigation timing, and implementation and reporting /monitoring responsibilities are presented withn this section in Table 4.2 -1. EXHIBIT "B" Rosemead Commercial Retail Center Mitigation Monitoring Plan __ lnne 2nnHpd Planning in(.) Page 4-1 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 raitigationmordtoring 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 a� 0. m c � •� a O 7. 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C. y y N m o o o o. o ° x V In m y ° xm Z a 0 ° 0 G °"q o O N o U E" 0 a N V V K Qi N Y U S' u Q W S7 by ° � -• a 0. a 7 Sl Q Q bp QZ . `Q U d O �C N O .�: .•� � N �" Q UO U � v y N °7! h y G O C O L6 Ln � � � z WAL -MART MITIGATION MONITORING PLAN STATUS October 7, 2013 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, October 7, 2013 Page 1 of 3 EXHIBIT "C" 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 The Planning Division submitted a request to the South Coast Air Quality District (SCAQMD) for records of notices of violations, notices to comply, complaints, and site inspection reports that were documented over the last year. On June 21, 2013, SCAQMD submitted a report indicating that incidents of violations have not been recorded over the last year. 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. Wal -Mart Mitigation Monitoring Plan Status, October 7, 2013 Page 2 of 3 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. 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. During Wal -Mart's annual review in 2010, numerous accounts of delivery trucks entering and exiting the site at the Rush Street driveway were reported. To resolve this matter, the store agreed to work with the City to install additional onsite and offsite directional signage. The store also agreed to mail letters to their vendors informing them of approved site access points. Over the last year, the Planning Division has not received any complaints regarding this matter. The City's Public Works Department has informed the Planning Division that all signage has been installed. 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, October 7, 2013 Page 3 of 3 Statement in Support of Modification of Entitlements: Modifieation/Deletion of Condition of Approval No. 59 Wal -Mart Store No. 5154-.1827 Walnut Grove Avenue, Rosemead, CA Summary of Request The existing Walmart store was approved by the City Council on September 8, 2004, subject to numerous conditions of approval and mitigation measures contained in a Mitigation Monitoring Plan ( "MMP "). Condition of Approval No. 59 states: "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 ". For the reasons stated herein, Walmart respectfully requests that Condition of Approval No. 59 be modified or deleted to no longer require annual Planning Commission Review of Walmart's compliance with the conditions of approval. Relevant Conditions of Approval A total of 60 Planning Conditions, 53 City Engineering Conditions, 16 Fire Department Conditions and 30 mitigation measures were imposed upon development of the Walmart, for a total of 159 conditions. Of these, only 14 conditions relate to Walmart's ongoing store operations; all others were either related to the initial construction phase, or were required to be satisfied prior to the issuance of a Certificate of Occupancy, and thus no longer require annual verification by the City. Likewise, each of the 30 mitigation measures contained in the MMP were either required to be implemented and verified prior to the issuance of grading permits, building permits, or Certificate of Occupancy; or, were only required to be implemented during initial construction phase of the Walmart building. Thus, the mitigation measures contained in the MMP are no longer subject to ongoing monitoring or reporting requirements, by their own terms. The 14 conditions relevant to Walmart's ongoing operations are as follows: • COA #6: Implementation of a Site and Facilities Security Plan; • COA #15: Driveways and parking areas to be maintained in good condition; • COA # 24: No outside storage of shipping containers; all trash and debris must be contained within enclosure or compactor; • COA # 25: No outdoor sales or vending machines permitted; EXHIBIT "D" W1051- Rosemead CA- 1139595.1 • COA # 26: Outdoor seasonal displays require a temporary outdoor sales license; • COA 427: Requires electronic shopping cart wheel locks; • COA #30: License from California Department of Alcoholic Beverage Control must be maintained and Walmart must comply with all conditions; • COA #43: No truck deliveries between 10:00 p.m. and 6:00 a.m.; • COA #44: No portion of parking lot may be used for any other business activity; • COA #50: Graffiti must be removed within 48 hours; • COA #54: Hours of operation are limited to 8:00 a.m. to 10:00 p.m.; • COA #55: Parking lot lights must be dimmed two hours after closing; • COA #56: No single -can sales of alcohol shall be allowed and the liquor department may not be located near a store entrance; and • COA #60: No firearms or ammunition may be sold. Each of the above conditions are self - enforced and implemented through Walmart's own internal operating policies and procedures. This store has operated since 2006, and store management is familiar with all of the requirements under the conditions of approval, which have now consistently been implemented for nearly seven years. Walmart has a strong incentive to ensure a safe, clean and attractive environment for its customers, and regularly undertakes routine maintenance of the parking lot, store exterior and landscaped area to ensure that the store is in compliance with Walmart's own rigorous standards for the appearance of its stores. In addition, the conditions related to the sale of alcoholic beverages are under the jurisdiction of the California Department of Alcoholic Beverage Control, A Type 21 license was issued to this Walmart store in 2008 for the sale of beer, wine and liquor, and no violations or disciplinary actions have occurred in the five years since the license was issued. Walmart's Annual Review History The City issued the Certificate of Occupancy for the Walmart store on September 20, 2006. The first annual review pursuant to Condition of Approval No. 59 occurred on November 19, 2007. The most significant issue raised during the annual review process occurred during 2009 -2010, and related primarily to complaints from neighbors about perceived noise W1053 -A ..nd_CA -- 1139595.1 from Walmart's rooftop equipment. In response, Walmart commissioned several independent noise analyses, which revealed that a Southern California Edison transformer adjacent to the Walmart store was actually the source of the excess noise, rather than Walmart's rooftop equipment. According to Southern California Edison, the transformer could not be relocated underground. In 2010, a sound wall was ultimately constructed adjacent to the electrical transformer, which resolved the issue. Subsequent noise measurements confirmed that the electrical transformer no longer violates the City's noise standards. Walmart is unaware of any complaints received from neighboring residents since 2010. Additional signage was also installed to ensure that delivery trucks enter the site from the appropriate route, as a result of comments received during the 2009 annual review. During the most recent annual review which occurred on August 20, 2012, City staff noted only two items of concern during their site visit to the Walmart store, related to landscape maintenance and parking lot striping. Specifically, the irrigation system in landscape planters had malfunctioned, resulting in several dead plants due to extreme summer heat. The parking lot striping and circulation markings were also in need of re- painting. Walmart store management was already in the process of securing bids for this work, which was promptly completed. Overall, City staff concluded that Walmart had demonstrated a good -faith effort to satisfy all conditions of approval, and none of the Planning Commissioners expressed any additional concerns related to the Walmart site. Annual Review is No Longer Necessary The Walmart store has operated successfully in this location for nearly seven years, and previous annual reviews have revealed that Walmart has been in substantial compliance with all conditions of approval since it has opened for business. Due to this record of successful annual reviews, Walmart believes that would now be appropriate to remove Condition No. 59. Each of the conditions of approval related to on -going store operations have become part of this store's routine safety and maintenance practices. Walmart has every incentive to continue implementing these conditions of approval, many of which are voluntarily followed by most major retailers in order to ensure a safe and convenient shopping experience for customers. The deletion of Condition No. 59 will not render the remainder of the conditions unenforceable; all of the conditions of approval will remain fully enforceable, even in the absence of annual review. There are also other conditions which eliminate the need for annual Planning Commission review. For example, Condition No. 1 states that no changes may be made to the approved site plan, floor plans, elevations or landscape plans without review and approval by the Planning Department. Thus, no changes to the site as it exists today may be made without further City approval. The City will still have the ability to investigate any reported or observable violation of the conditions of approval. Condition of Approval No. 4 requires Walmart to comply with all Federal, State and local laws, such as the Rosemead Municipal Code. Any violations would be subject to the City's (or other agency's) enforcement process. W1053- Rosemead CA- 11]9595.1 For example, Municipal Code Section 9.12.100 requires removal of graffiti, and Section 9.12.080 contains provisions regarding shopping cart control. Also, as discussed above, Walmart's sale of alcoholic beverages is subject to the operating restrictions imposed on its license by the California Department of Alcoholic Beverage Control; additional City enforcement is not necessary. In sum, approval of this request will conserve valuable City resources by no longer requiring staff to spend a substantial amount of time conducting site visits and preparing for each annual review. Walmart will continue to fully comply with all conditions of approval, which will remain enforceable. However, further enforcement would be done on an as- needed, case -by -case basis, which is consistent with most other cities in California, and will result in a much more efficient process. W1053- Rosemead CA-- 1139595.1