PC - Item 3D - Modification 16-02 M ROSEMEAD PLANNING COMMISSION
STAFF REPORT
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TO: THE HONORABLE CHAIR AND ROSEMEAD PLANNING
COMMISSION
FROM: PLANNING DIVISION
DATE: DECEMBER 19, 2016
SUBJECT: MODIFICATION 16-02
1827 WALNUT GROVE AVENUE
SUMMARY
The City of Rosemead is initiating a request to modify the conditions of approval for
Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939. The
modification would eliminate Condition of Approval Number 59, which currently requires
the annual Planning Commission review of Wal-Mart's compliance with the conditions of
approval. City Staff's initiative is based on discussion by the City Council at the August
23, 2016, City Council meeting. The subject site is located at 1827 Walnut Grove
Avenue, in a C-3 (Medium Commercial) zone.
Environmental Determination:
Section 15061(b)(3) 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. In this case, the Wal-Mart project is built, and the holding of annual
reviews of compliance with conditions of approval has no effect on the project's
environmental impacts. Accordingly, Modification 16-02 is exempt from CEQA, pursuant
to Section 15061(b)(3) of the CEQA guidelines.
Staff Recommendation
It is recommended that the Planning Commission ADOPT Resolution No. 16-21 with
findings (Exhibit "A"), and APPROVE Modification 16-02 subject to revised conditions of
approval outlined in Attachment "A" attached hereto.
ANALYSIS
Based on the City Council's discussion on August 23, 2016 (City Council Minutes are
attached as Exhibit "B"), staff is recommending that the Planning Commission 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
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December 19,2016
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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." A majority of the
conditions of approval for the Walmart project are related to the initial construction
phase. Since the store has begun operations in 2006, Walmart has successfully
implemented all the conditions of approval. At the time the annual reviews commenced,
Wal-Mart had not implemented all conditions of approval relating to ongoing operations.
The annual reviews therefore provided an opportunity for City Staff and the Planning
Commission to review Wal-Mart's path to compliance. As of 2015, Wal-Mart attained
compliance with all conditions of approval to the satisfaction of the Director. The
ongoing annual reviews since that time have dealt primarily with issues that are better
addressed by Code Enforcement Staff.
By eliminating Condition of Approval Number 59, all the conditions of approval for
Development Agreement 04-01, Tentative Parcel Map 26827 and Conditional Use
Permits 02-882 and 03-939 will still remain fully enforceable. Any major areas of
noncompliance would still be brought to the Planning Commission as per Condition of
Approval Number 36. Staff would also like to note that no other development
(commercial, industrial, or residential) in the City of Rosemead is required to conduct an
annual review in front of the Planning Commission.
This item was presented to the Planning Commission in 2013, as Walmart requested to
eliminate the annual review. At that time, the Planning Commission denied this request
based on the adjacent residents' complaints regarding the solar inverter noise issue.
Although these noise issues were raised by neighboring residents, Walmart has
demonstrated multiple times that the noise levels are in compliance with Rosemead
Municipal Code Section 8.36. Notwithstanding its compliance with the City's noise
regulations, Walmarts attorney's office has confirmed that Walmart has initiated an
internal process to evaluate the feasibility of further noise mitigation related to the solar
inverter. The outcome will depend upon the cost of the solution and a determination
that further, effective noise mitigation exists at all. The local management and
attorney's challenge will be to overcome the inevitable question from corporate
management of the need for further mitigation where the solar inverter is in compliance
with the applicable noise standards.
MUNICIPAL CODE REQUIREMENTS
Development Agreement 04-01, Tentative Parcel Map 26827 and Conditional Use
Permits 02-882 and 03-939 were approved by the City Council on September 8, 2004,
subject to conditions of approval outlined in Resolution 2004-38 (attached as Exhibit
"C"). Rosemead Municipal Code Section 17.120.110(C) sets regulations on changes
approved by original review authority. A proposed change may only be approved by the
original review authority for the project through a modification permit application filed
and processed. While the City Council ultimately approved the Wal-Mart project, the
Planning Commission was the original review authority and Condition of Approval
Number 37 requires the Commission to approve changes to the conditions of approval.
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December 19,2016
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After carefully reviewing City Council Resolution 2004-38 and the conditions of approval
for the project, it is evident that most of Walmart's original conditions of approval are
related to the initial construction phase. Since the store has begun operations in 2006,
Walmart has implemented all the conditions of approval. By eliminating Condition of
Approval Number 59, all the conditions of approval for Development Agreement 04-01,
Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939 will still
remain fully enforceable. In addition, Wal-Mart has demonstrated a good effort to
satisfy all conditions of approval over the last few years. For these reasons, City Staff is
responding to the City Council's discussion on August 23, 2016 by proposing this
modification to eliminate Condition of Approval Number 59.
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 sixty-nine (169) property
owners, publication in the Rosemead Reader on December 8, 2016, and postings of the
notice at the six (6) public locations and on the subject site.
Prepared by: Submitted by:
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Lily T. Valenzuela Michelle Ramirez
City Planner Community Development Director
EXHIBITS:
A. Planning Commission Resolution 16-21 with Attachment"A" (Conditions of Approval)
B. City Council Minutes dated August 23, 2016
C. City Council Resolution 2004-38 with Conditions of Approval (Development Agreement 04-01,
Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939)
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EXHIBIT "A"
PC RESOLUTION 16-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING MODIFICATION 16-02 TO ELIMINATE CONDITION OF
APPROVAL NUMBER 59 FROM THE CONDITIONS OF APPROVAL
FOR DEVELOPMENT AGREEMENT 04-01, TENTATIVE PARCEL MAP
26827, AND CONDITIONAL USE PERMITS 02-882 AND 03-939. THE
SUBJECT SITE IS LOCATED AT 1827 WALNUT GROVE AVENUE IN A
C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5279-033-001).
WHEREAS, on November 23, 2016, the City of Rosemead initiated Modification
16-02 to modify the conditions of approval for Tentative Parcel Map 26827 and
Conditional Use Permits 02-882 and 03-939. The modification would eliminate
Condition of Approval Number 59, which currently requires the annual Planning
Commission review of Wal-Mart's compliance with the conditions of approval; and
WHEREAS, 1827 Walnut Grove Avenue is located in the C-3 (Medium
Commercial) zone; and
WHEREAS, Rosemead Municipal Code Section 17.120.110(C) sets regulations
on changes approved by original review authority. A proposed change may only be
approved by the original review authority for the project through a modification permit
application filed and processed. While the City Council ultimately approved the Wal-
Mart project, the Planning Commission was the original review authority and Condition
of Approval Number 37 requires the Commission to approve changes to the conditions
of approval; and
WHEREAS, on December 8, 2016, one hundred sixty-nine (169) notices were
sent to property owners within a 300-foot radius from the subject property, the notice
was published in the Rosemead Reader, and notices were posted in six (6) public
locations and on site, specifying the availability of the application, and the date, time,
and location of the public hearing for Modification 16-02; and
WHEREAS, on December 19, 2016, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
Modification 16-02; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
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SECTION 1. The Planning Commission HEREBY DETERMINES that
Modification 16-02 is exempt pursuant to Section 15061(b)(3) of the California
Environmental Quality Act (CEQA) guidelines. Section 15061(b)(3) 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. Accordingly, Modification 16-02 is exempt from CEQA, pursuant to Section
15061(b)(3) of the CEQA guidelines.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Modification 16-02 according the criteria of
Section 17.120.110(C) of the Rosemead Municipal Code as follows:
FINDING: After carefully reviewing City Council Resolution 2004-38 and the
conditions of approval for the project, it is evident that most of Walmart's original
conditions of approval are related to the initial construction phase. Since the store has
begun operations in 2006, Walmart has implemented all the conditions of approval. By
eliminating Condition of Approval Number 59, all the conditions of approval for
Development Agreement 04-01, Tentative Parcel Map 26827 and Conditional Use
Permits 02-882 and 03-939 will still remain fully enforceable. In addition, Wal-Mart has
demonstrated a good effort to satisfy all conditions of approval over the last few years.
For these reasons, City Staff is responding to the City Council's discussion on August
23, 2016 by proposing this modification to eliminate Condition of Approval Number 59.
SECTION 3. The Planning Commission HEREBY APPROVES Modification 16-
02 to eliminate Condition of Approval Number 59 for Development Agreement 04-01,
Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939, which
requires the annual Planning Commission review of Wal-Mart's compliance with the
conditions of approval.
SECTION 4. This action shall become final and effective ten (10) days after this
decision by the Planning Commission, unless within such time a written appeal is filed
with the City Clerk for consideration by the Rosemead City Council as provided in
Article IX — Planning and Zoning of the Rosemead Municipal Code.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on December 19, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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December 19,2016
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SECTION 7. The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 19th day of December, 2016.
Daniel Lopez, Chair
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 19th day of
December, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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December 19,2016
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ATTACHMENT "A"
MODIFICATION 16-02
(ORIGINALLY, DEVELOPMENT AGREEMENT 04-01, TENTATIVE PARCEL MAP
26827, AND CONDITIONAL USE PERMITS 02-882 AND 03-939)
1827 WALNUT GROVE AVENUE
(APN: 8592-009-007 AND 8592-009-008)
CONDITIONS OF APPROVAL
DECEMBER 19, 2016
PLANNING CONDITIONS OF APPROVAL
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.
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.
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.
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.
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.
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
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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.
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.
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.
9. The Developer shall be required to complete all of the parking and landscaping on
Parcel 1 with the first phase of construction.
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.
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.
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.
13.City staff shall have access to the subject property during construction hours to
monitor progress.
14.These conditions of approval shall be copied directly onto development plans
submitted to the Planning and Building Departments for review.
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.
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).
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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.
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 indicated
that they recently had issues with the irrigation system in the landscape planters,
however, the issues will be resolved by August 17, 2012. He has also indicated
that Wal-Mart has just received a bid from the landscaper regarding the
maintenance of all landscaping within the parking lot area. They anticipate that it
will be completed as soon as they receive approval from their corporate office.
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.
20.AII ground level mechanical/utility equipment (including meters, back flow
preservation devices, fire valves, NC 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.
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21.All loading areas, mechanical equipment and trash disposal areas shall be screened
from view with materials approved by the Planning Department.
22.All trash enclosures shall be constructed to City Standards.
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.
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.
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.
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.
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.
28."No overnight camping" and "No Loitering" signs shall be installed throughout the
parking lot area on signs acceptable to the Planning Department.
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.
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.
31.A uniform sign plan shall be submitted for review.
32.Any proposed signage must be reviewed and approved by the Planning Division and
must comply with City Sign Regulations.
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33.Signs shall reflect material and design elements of the project and shall be
compatible with the streetscape elements of adjoining areas.
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.
35.AII 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.
36.Violation of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
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.
38.The Developer shall pay the required "Document Handling Fee" in order to file the
Notice of Determination with the County of Los Angeles.
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.
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.
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.
42.All 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 the mitigation measures and these
conditions, the wording that provides the most protections to the City shall apply.
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Mitigation Measure 4.4.9 is specifically excluded as the CUP for the gasoline station
is not approved.
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.
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.
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.
46.No access to the site shall be provided from Delta Avenue.
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.
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.
49.An as-built set of plans shall be submitted upon completion of the project.
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.
51.Developer shall file a Notice of Intent with the State Regional Water Quality Board.
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
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defends, Developer shall indemnify and hold City harmless from all attorneys' fees
related to such defense.
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.
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.
55.The parking lot lights shall be dimmed two hours after closing.
56.No single can sales of alcohol shall be allowed; the liquor department shall not be
located near an entrance.
57.All references to the "Developer" shall include any successors in interest.
58.The cad storage area in front of the stores shall be fully screened from view.
59.No guns, handguns, Hiles, or other types of firearms or ammunition shall be sold
from any business on the Project Site.
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
approval, or City Engineer's policies must be specifically approved in the final map
or improvement plan approvals.
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.
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.
4. Monumentation of parcel map boundaries, street centerline and lot boundaries is
required for a map based on a field survey.
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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.
6. The developer shall comply with all requirements of the Subdivision Map Act.
7. Developer shall obtain a public works permit for all work in or adjacent to the public
right-of-way.
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.
9. The project proponent shall dedicate appropriate right-of-way or easements to
accommodate improvements adjacent to and on the project site, if applicable.
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.
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f. Developer must comply with the City's storm water ordinance and SUSMP
requirements.
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.
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.
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.
14. Roadways shall be improved as required by the City Engineer.
15. The final layout and site driveway design shall be subject to the review and
approval of the City Engineer.
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.
17. Drive approaches shall be at least 20' wide.
18. Clear unobstructed sight distances shall be provided at all unsignalized site
driveways.
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.
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.
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.
22. Damaged curb, gutter and sidewalk along Delta Avenue, Rush Street and Walnut
Grove Avenue shall be reconstructed.
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December 19,2016
Page 16 of 21
23. Developer shall construct handicapped access ramps at all on-site intersections
and site driveways.
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.
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.
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.
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.
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.
29. The existing left-turn bay on Rush Street at Walnut Grove shall be lengthened to a
minimum of 325 feet.
30. A left-turn bay shall be provided at the median openings for the customer access on
Rush Avenue.
31. There shall be no delivery truck driveway on Rush Street; delivery trucks shall take
access off of Walnut Grove Avenue.
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.
33. The developer shall be responsible for installing or repairing all centerline striping,
traffic legends, raised reflective pavement markers and other traffic delineation
Planning Commission Meeting
December 19,2016
Page 17 of 21
required by the City Engineer, including signal loops damaged or required to be
installed as a requirement of the project.
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.
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.
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.
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.
38. Bicycle rack(s) shall be installed pursuant to Chapter 12.32 of the Rosemead
Municipal Code.
39. Left-turn site egress shall be prohibited at the proposed southern site access on
Walnut Grove Avenue.
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.
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.
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.
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.
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.
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December19,2016
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45. The developer shall consult the City Engineer to determine the sewer location and
design requirements.
46. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
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.
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.
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.
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.
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.
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.
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.
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Page 19 of 21
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.
5. Where access to or within a structure area is restricted because of secured openings
and immediate access is necessary for life saves or firefighting 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.
Planning Commission Meeting
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Page 20 of 21
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.
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:
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
Planning Commission Meeting
December 19,2016
Page 21 of 21
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
MINUTES OF THE CITY COUNCIL
AND THE SUCCESSOR AGENCY TO 1'Dli ROSEMEAD
COMMUNITY DEVELOPMENT COMMISSION
REGULAR JOINT MEETING
AUGUST 23,2016
Workshop
The workshop meeting of the Rosemead City Council was called to other by Mayor Annenta at
6:03 p.m. in the Rosemead City Council Chamber located at 8838 Bast Valley Boulevard,
Rosemead, California.
PRESENT:Mayor Armenia,Mayor Pro Tem Low,Council Members Alarcon, Clark,Ly
STAIN PRESENT: City Manager Maths, City Attorney Richman, Director of Community
Development Ramirez,Director of Finance Chu,Director of Parks and Recreation Chacon, Acting
Director of Public Works Fajardo,and City Clerk Donohue
1. WORKSHOP .
• Military Banner Program
Director of Parks and Recreation Charon presented a PowerPoint presentation of the
Military Banner program. Mr. Charon stated that the banner program will be
administered through Parks and Recreation Department and in conjunction with Public
Works for installation of the banners and the Rosemead Chamber of Commerce.
Council Member Ly suggested that the military banners stay up front January to
November.
Director of Parks and Recreation Chacon explained that depending on the direction of
Council, the same banner could go back up or only active duty members could be
installed along with an annual verification.
Bran Lewin, resident, was pleased that the City will start the banner program again.
However, he suggested that the program include both active and veterans who have
served. He spoke about veteran resident Carlos Pandora, who served two tours in Iraq
before being killed. Mr. Lewin suggested that the City Council also consider directing
staff to look into a memorial to acknowledge Rosemead veterans who have been killed
in combat.
Council Member Ly stated that the City should recognize military men, women, and
all others that are associated in the military. He suggested that the City honor the
veterans with a separate memorial and that the military banner program should be for
active members currently serving. _
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Minutes ofAugust23,2016
Page 1 of 8
EXHIBIT "B"
Council Member Clark inquired on the amount of poles available for the banner
program.
Director of Parks and Recreation Chacon replied there are fifty poles on Valley
Boulevard and ninety on Garvey Avenue.
Mayor Armenta explained that the Council agrees that both active duty and veterans
should be recognived. She reiterated that the Council should discuss what criteria will
be in the program.
Mayor Pro'1'em Low asked what the banner cost will include.
Mayor Armenta replied that there were businesses willing to sponsor the banners in
the past and asked staff what precautions will be in place for residents who cannot
afford a banner.
Director of Parks and Recreation Chacon explained that the cost includes the banner,
bracket, and installation, which includes staff time. Mr. Chacon added that staff is
coordinating with the Rosemead Chamber of Commerce to talk to businesses about
starting a fundraiser or scholarship program.
The City Council continued the discussion of the military banner program's criteria
and design.In addition, the banner program will include both active duty and veterans.
The City Council, also agreed to name the banner program, "Rosemead Hero Military
Banner Program".
The City Council moved the closed session item for discussion before the regular City
Council meeting at 7:00 p.m. There being no objections, the City Council recessed to
closed session at 6:37 p.m.
10. CLOSED SESSION
The City Council will recess to Closed Session to discuss the following:
1) CONFERENCE WITH IFGAL COUNSEL—ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Government Code Section
54956.9 (d)(2)
1 potential case
2) PUBLIC EMPLOYMENT:
Government Code Section: 54957
Title: Public Works Director
The City Council.reconvened into open session at 7:03 p.m. at which time, City Attorney Richman
announced there was no reportable action.
Rosemead City Council and the Successor-Agency
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Minutes of August 23,2016
Paget of
Regular Meeting
•The regular meeting of the Rosemead City Council and the Successor Agency to the Rosemead
Community Development Commission was called to order by Mayor Armenia at 7:03 p.m. in the
Rosemead City Council Chamber located at 8838 East Valley Boulevard,Rosemead, California
PLEDGE OF ALLEGIANCE was led by Mayor Pro Tern Low
INVOCATION was led by Council Member Ly
PRESENT: Mayor/Chair Armenta, Mayor Pro Tem/Vice-Chair Low, Council Members/Board
Members Alarcon, Clark,Ly.
STAFF PRESENT: City Manager Marais, City Attorney Richman, Director of Community
Development Ramirez, Director of Finance Chu, Director of Parks and Recreation Chacon,Acting
Director of Public Works Fajardo, and City Clerk Donohue.
2. PUBLIC COMMENTS FROM THE AUDIENCE
Allen Aguilar,resident, stated that in celebration of the City's anniversary in August and to
preserve the history of the City, the Aguilar family has donated a 1980 customized game
board of the City of Rosemead.
forge Rodriguez, representative Blue Green Alliance spoke about environmental issues
affecting local communities on gas leaks.
3. PRESENTATIONS
• Employee Introduction—Marc Donohue, City Clerk
Mayor Armenta introduced the new City Clerk Marc Donohue and welcomed him to
the City of Rosemead.
• Recoguitionof Public Safety Coordinator Mandy Wong
The City Council commended Public Safety Coordinator Wong for her commitment
and work to the National Night Out event and the School Resource Fair event.
4. PUBLIC HEARING-None
5. CONSENT CALENDAR
Mayor Armenta pulled item SF for discussion.
Rosemead City Council and the Successor Agency
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Minutes ofAugust23,2016
Page 3 of 8
•
Council Member Ly asked staff for clarification on item 511,regarding the attendance of
the Assistant City Manager to the ICMA Conference and not the City Manager.
City Manager Manis explained that be initially was going to attend the conference,
however the ICMA Conference is on the same day of a City Council Meeting and the
Assistant City Manager would attend in his place.
A. Claims and Demands
• Resolution No.2016-41 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND
DEMANDS IN THE SUM OF $1,152,533.27 NUMBERED
93182,THROUGH 93216, AND 93217 THROUGH 93306
Recommendation: Adopt Resolution No. 2016-41
• Resolution No.201642
A RESOLUTION OF THE CITY COUNCIL OF THE CTl Y
OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND
DEMANDS IN THE SUM OF$422,445.34 NUMBERED 93183
THROUGH 93214, AND 93215, AND 93307 THROUGH
93066
Recommendation: Adopt Resolution No.201642
• Resolution No.2016-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD ALLOWING CERTAIN :C[AIVIS AND
DEMANDS IN THE SUM OF$184,601.03 NUMBERED 93393
THROUGH 93397, 93418 THROUGH 93419, 93420, AND
93424 THROUGH 93444
Recommendation: Adopt Resolution No. 2016-44
• Resolution No.24)16-45
A RESOLUTION OF THE CITY COUNCIL OF TTIE CITY
OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND
DEMANDS IN'THE SUM OF$681,569.24 NUMBERED 93398
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Minutes of August 23,2016
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THROUGH 93402, 93403, 93404 THROUGH 93417, 93421
THROUGH 93423,AND 93445 THROUGH 93552
Recommendation: Adopt Resolution No. 2016-45
B. Approval of Minutes
Recommendation: Approve the regular meeting minutes of May 10, 2016, June
14, 2016, and the special meeting minutes of July 25, 2016 as amended with minor
corrections.
C. Titles of Officers Authorized to Make Deposits and Withdrawals in the Local
Agency Investment Fund(LAW)
Recommendation: That the City Council approve Resolution No. 2016-43 listing
the names and titles of officers authorized to make deposits and withdrawals in.the
LAIF account
D. Assignment of Environmental Consulting Services Contract to MIG,Inc.
(MEG)for a New 21-Unit Planned Development
Recommendations: To authorize the Mayor to execute a contract agreement with
MEG to assist in the preparation of required CEQA studies; and obtain a deposit of
$39,205 from the developer to cover the full cost for contract services.
E. Assignment of Garvey&Earl Plaza Environmental Consulting Services
Contract to Phil Martin &Associates,Inc.
Recommendations: To authorize the Mayor to execute a contract agreement with
Phil Martin & Associates, Inc. to assist in the preparation of requited CEQA
studies; and obtain a deposit of$41,825 from the developer to cover the full cost for
contract services.
G. Biennial Review and Update of the City's Conflict of Interest List of
Designated Positions and Adoption of Rosemead Municipal Code Ordinance
963 to Permit Changes to the List of Designated Positions to be Made by
Resolution.
Recommendations: That the City Council review and approve the changes to the
City's Conflict of Interest Code; introduce for first reading, Ordinance 963 which
amends Rosemead Municipal Code Section 124.020 to state that future
amendments to the list of designated positions be made by resolution; and adopt
Resolution No. 2016-46, which updates the list of designated positions within the
City.
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Minutes of August 2016
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H. ICMA 102"Annual Conference: September 25th—280`,Kansas City,MO
Recommendation: That the City Council authorize the Assistant City Manager's
attendance at the ICMA 102nd Annual Conference in Kansas City, MO, on
September 25th—286,at the City's expense.
ACTION: Moved by Council Member Ly, seconded by Council Member Alarcon to approve
the Consent Calendar Items 5A through 5H with the exception of item 5F. The
motion unanimously carried by the following roll call vote: AYES: Alarcon,
Armenta, Clark,Low,Ly
F. City Tree Maintenance Services—Award of Contract
Recommendation: That the City Council authorize the City Manager to enter into
a contract with Great Scott Tree Service, Inc. for an estimated annual cost of
$204,000 for the first three (3) years, with an annual option to renew for the
following two (2)years.
City Manager Marais stated that there were some concerns brought to his attention
after the agenda was posted. Staff requested to calendar item 5h and bring the item
back to the September 27th City Council meeting after a thorough review of the
proposals.
ACTION: Moved by Council Member Ly, seconded by Council Member Clark to table the
Tree Maintenance discussion to the September 27th, 2016 City Council meeting.
The motion unanimously carried by the following roll call vote: AYES: Alarcon,
Armenta,Clark,Low,Ly
6. MATTERS FROM CITY MANAGER &STAFF
A. Purchasing Ordinance and Policy
Recommendation: That the City Council introduce, by title, Ordinance 964; and
amend the City's Purchasing Policy#20-01, that will increase the City Manager's
approval limit on purchases from$25,000 to $30,000.
Finance Director Chu summarized the staff report and cited that Ordinance No. 964
would amend the City's Purchasing Policy to increase the City Manager's approval
limit on purchased up to$30,000.
ACTION: Moved by Council Member Ly, seconded by Council.Member Clark to approve the
recommended action. The motion unanimously carried by the following roll call
vote:AYES: Alarcon,Armenta, Clark,Low,Ly
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Minutes of August23,2016
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•
B. Approving the Issuance of Refunding Bonds of the Former Rosemead
Community Development Commission, Approving the Execution and Delivery
of an Indenture of Trust and Irrevocable Refunding Instructions, and
Providing for Other Matters Properly Relating thereto
Recommendation: That the Successor Agency approve Resolution No. 2016-12
approving the issuance of bonds in order to refund certain outstanding bonds of the
former Rosemead Community Development Commission; approving the execution
and delivery of an Indenture of Trust and Irrevocable Refunding Instructions; and
providing for other matters properly relating thereto
ACTION: Moved by Council Member Ly, seconded by Council Member Alarcon to approve
the recommended action. The motion unanimously carried by the following roll call
vote:AYES: Alarcon,Armenta,Clark,Low,Ly
7. MATTERS FROM MAYOR &CITY COUNCIL
A. Possible Opposition to SB 1298 (Requested by Councilmember Clark)
Recommendation: That the City Council direct staff to draft a letter of opposition
to SB 1298.
Council Member Clark stated that she has been involved in storm water issues and
we are facing an L.A County$20 billion program that no other county or city has to
do in the State of California. The proponents of SE 1298, would change the
definition of sewer, because sewer was exempted by the voters in Proposition 218.
The proponents want to be able to pass these taxes, which could amount to $20
billion, without voter approval. They tried to put it on the ballot for November, to
have an exemption state that storm water would he exempt from having a vote by
• the people but they withdrew the ballot measure when the attorney general's office
labeled it"taxes without-voter approval". Instead they tried this bill which is a"gut
and amend" and does not provide time for the public to know about it. The
estimated yearly tax bill for a property owner in a San Gabriel Valley city would be
approximately$1,400.Ms. Clark asked the Council to oppose the bill.
Mayor Pro Tern Low asked what the League of California Cities position is on the
• bill.
Council Member Clark stated that the League of California Cities is neutral,
because there was enough opposition from various cities.It's a policy of the League
that you don't take positions on issues that adversely affect some cities.
ACTION: Moved by Council Member Clark, seconded by Council Member Ly to approve the
recommended action. The motion unanimously carried by the following roll call
vote: AYES: Alarcon,Armenta, Clark,Ly and ABSTAIN: Low
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Minutes of August 23,2016
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Mayor Armenta reported out that she attended the NALEO Emergency
Preparedness conference lead by FEMA in Boston. She shared some information
she gathered and stated that she would pass along infu.uiational resources to staff.
8. CITY MANAGER COMMENTS-None
9. COUNCIL COMMENTS
Council Member Ly asked staff if the grading of the skate park project is complete.
Acting Public Works Director Fajardo confirmed that the grading portion of the project is
completed and the concrete would be poured in the near future.
Council Member Ly asked staff to look into a deep hole-like area between the walking
track and the pool facility and that the nearby tree maybe causing some structural issues.
Also, suggested that Council consider the removal of Wal-Mart's annual review from the
conditions of approval.
Council Member Clark stated that she believed the annual review is in the conditions of
approval. She noted that there is one issue that was in the report which needs to be taken
care of.
Mayor Armenta shared a resident's concern about the West Nile Virus and read an article
from the Rosemead Reader on Cities affected by the virus.
Mayor Pro Tern Low left the meeting at 8:05 pm.
11. ADJOURNMENT
The meeting adjourned at 8:08 p.m. The next regular City Council meeting is scheduled to
take place on September 13, 2016, at 7:00 pm. in the Rosemead City Hall Council
Chamber.
i
i —
. Marc Donohue,City Clerk
APPROVED:
•
rlatk 4 -
Sandra Armenia,Mayor
Rosemead Oily Council and the Successor Agency
to tho Rosemead Community Development Commission Joint Meeting
Minutes of August 23,2016
Page 8 ofB .
RESOLUTION NO. 2004-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD DENYING THE APPEAL AND UPHOLDING THE
DECISION OF THE PLANNING COMMISSION RELATING TO
THE FOLLOWING ACTIONS ON THE ROSEMEAD
COMMERCIAL RETAIL CENTER: APPROVING TENTATIVE
PARCEL MAP 26827- FOR A FOUR LOT DIVISION, APPROVING
CONDITIONAL USE PERMITS 02-882 FOR A MINI-MALL ON
PARCEL 2 AND 03-939 FOR ALCOHOL SALES AT THE MAJOR
TENANT ON PARCEL 1, AND DENYING CONDITIONAL USE
PERMIT 02-883 FOR A GASOLINE STATION
The City Council of the City of Rosemead does hereby resolve as follows:
SECTION 1. BACKGROUND
A. Development Resource Consultants has filed applications for development of a
22.5 acre site bounded by Delta Street to the west, Rush Street to the north, Walnut
Grove Avenue to the east, and the Panda Restaurant Group corporate building which is,
located immediately south of and adjacent to the southern border of the project site.
Development Resources Consultant sought approval of a 253,267 square foot
retail/commercial center which would include a 230,367 square foot general
merchandise/grocery sales store (Wal-Mart), a gas station with eight fueling pumps,
and approximately another 22,000 square feet of restaurant and retail uses (the
"Proposed Project"). -
B. The Proposed Project required approval by the Planning Commission of a
tentative parcel map to divide the parcel into 6 lots and conditional use permits to.
establish a gas station, allow the sale of alcoholic beverages, and establish a "mini-
mall" as defined by Chapter 17.04 of the Rosemead Municipal Code. The Project also
requires approval by the City Council of a General Plan amendment to the Land Use
Element, changing the designation of the site from "Office/Light Industrial" to
"Commercial" and making corresponding textual changes. The Developer has also
requested approval of a 10 year Development Agreement between the City of
Rosemead and Wal-Mart Real Estate Business Trust which will give Wal-Mart a vested
right to develop and construct the project in accordance with the entitlements received
from the City pursuant to its discretionary approvals as well as all existing land use
regulations and development standards in existence at the time the Development
Agreement is approved.
C. The City of Rosemead has conducted an extensive environmental review for the
Proposed Project which included an EIR prepared by the independent consulting firm of
EXHIBIT "C"
•
Applied Planning, Inc., with technical reports concerning traffic and circulation impacts;
air quality, noise, and geotechnical effects; and an economic/market impact analysis, as
well as a review of the Proposed Project site's previous environmental documentation.
The following is a summary of the City's environmental review:.
A Scoping Meeting was held on November 19, 2003, to solicit input from
the public on the content of the Draft Environmental Impact Report. This
meeting was held at the Doubletree Hotel in Rosemead, and was
attended by approximately 300 people.
A Notice of Preparation (NOP) and Initial Study identifying the scope of
environmental issues were distributed to numerous state, federal, and
local agencies and organizations on December 12, 2003, A total of 12
comment letters were received from state, regional and local agencies,
and an additional 29 letters were received from individuals. Copies of
those comment letters, along with copies of numerous signatures on
"Petition Protesting Wal-Mart" forms, are included in Appendix A of the
Draft FIR (under separate cover). Relevant comments received in
response to the NOP/Initial Study were incorporated into the Draft EIR.
▪ The Draft EIR was distributed for public review on May 17, 2004, for a 45-
day review period with the comment period expiring on July 2, 2004; the
FEIR includes response to comments received through July 20,2004, well
past the public review period.
▪ A Notice of Completion (NOC) was sent with the Draft EIR to the State
Clearinghouse on May 17, 2004. A Notice of Availability of the Draft EIR
for public review was mailed to interested parties on May 13, 2004. The
Notice of Availability was transmitted to the Los Angeles County Clerk's
office for posting on May 17, 2004 and published in the San Gabriel
Valley Tribune on May 12, 2004.
Comment letters on the Draft EIR were received at the close of the public
• comment period. The letters and responses to these comments are
included in the Final EIR.
Responses to comments were distributed in accordance with CEQA ten
(10) days prior to the August 16, 2004.
The Planning Commission held a duly noticed and advertised public
hearing on August 16, 2004 to consider the Final EIR, the parcel map and
conditional use permits and recommendation on the General Plan
2
Amendment and Development Agreement to the City Council along with
the staff recommendations on these items, at which time oral and written
testimony was considered. Notice of this Planning Commission hearing
was provided through publication on August 2, 2004.
D. At the close of the public hearing on August 16, 2004, the Planning Commission
took the following actions:
1. Adoption of Resolution No. 04-22, certifying the Environmental Impact
Report for Tentative Parcel Map 26827 and Conditional Use Permits 02-
882 (mini-mall), 02-883 (gasoline station) and 03-939 (alcohol sales) and
recommending that the City Council certify the EIR for the Development
Agreement and General Plan Amendment; and
2. Adoption of Resolution No. 04-23, approving tentative parcel map 26827
for the Project Design Alternative for a four lot division and conditional use
permits 02-882 (mini-mall), 03-939 (alcohol sales), denying conditional
use permit 02-883 (gasoline station), adopting and approving findings,
mitigation measures, a statement of overriding considerations and a
mitigation monitoring program for the approved actions and
recommending that the City Council approve the General Plan
Amendment and Development Agreement subject to the same
environmental findings.
E. On August 17, 2004, Mayor Pro Tern Imperial filed an appeal of the Planning
Commission's actions in order that the City Council could decide all matters pertaining
to the applications so that there would be uniformity of approvals, disapprovals and/or
conditions.
F. On August 24, 2004, the City Council continued its regular meeting to
September 7, 2004 in order to hear testimony on this matter.
G. On August 25, 2004, a public hearing notice was published in the San Gabriel
Valley Tribune.
H. On September 7, 2004 the City Council held a duly noticed public hearing on this
Project at which time it considered all evidence presented, both oral and written.
I. Prior to approving this Resolution the City Council: adopted Resolution No. 2004-
- 36, certifying the EIR for the Proposed Project; and adopted Resolution No. 2004-37
approving the General Plan Amendment changing the land use designation from
Office/Light Industrial to Commercial and making corresponding text changes.
3
SECTION 2. PROJECT DESIGN ALTERNATIVE
The City Council hereby finds that as the Project Design Alternative (the "Project"),
which is described in the Alternatives section of the EIR is similar, but less intensive
than the Proposed Project, the EIR which it certified in Resolution No. 2004-36 is
adequate for the Project Design Alternative as well as the Proposed Project.
SECTION 3. DENIAL OF APPEAL/ACTION ON PROJECT ENTITLEMENTS
Based on all of the testimony and evidence in this matter, including the EIR, the City
Council upholds the decision of the Planning Commission that the Project Design
Alternative described in the EIR should be approved rather than the Proposed Project
as it is more sensitive to surrounding land uses in its design and eliminates concerns
that have been raised regarding the gasoline station; references to the "Project" from
this point forward shall mean the Project Design Alternative. Based on this, the City
Council hereby upholds the following actions taken by the Planning Commission on the
requested entitlements:
A. Approval of Tentative Parcel Map 26827 for the Project Design Alternative as
shown on Exhibit B, allowing for a 4 lot subdivision based on the findings set forth in
Section 4 below.
B. Approval of Conditional Use Permit # 02-882 for establishment of a mini-mall on
Parcel 2 based on the findings set forth in Section 5 below.
C. Approval of Conditional Use Permit # 03-939 for the sale of alcoholic beverages
in connection with the major tenant general merchandise/grocery store based on the
findings set forth in Section 5 below.
D. Denial of Conditional Use Permit #02-883 for the establishment of a gasoline
station based on the findings set forth in Section 5 below.
E. The approvals set forth in this Section 2 are conditioned upon compliance with
the Conditions of Approval attached hereto as Exhibit A and development in
accordance with the Development Plans shown on Exhibit C and the colored Elevations
and Buildings and Materials Board shown on Exhibit D and shall only be effective only
upon the effective date of the General Plan Amendment to the Land Use element.
SECTION 4. SUBDIVISION FINDINGS In accordance with the Subdivision Map Act
and Rosemead Municipal Code section 16.08.130, the City Council hereby readopts
the findings made by the Planning Commission with respect to the approval of
Tentative Parcel Map. No. 26827:
4
A. The proposed map and the design and improvements of the proposed
subdivision are consistent with the general plan land use designation of "Commercial"
and are not contrary to any official plan, policy or standards of the City.
B. The Project site is physically suited for the proposed type and density of
development. The Project site consists of 23.65 acres: Parcel 1 consists of
approximately 20.8 acres on which a 230,637 square foot general merchandise/grocery
sales use will be built; Parcel 2 consists of approximately .49 acres upon which retail
uses will probably be located; Parcel 3 consists of approximately 1.06 acres upon which
a restaurant use will probably be located; Parcel 4 consists of 1.3 acres and will be
retained by the Southern California Edison. As evidenced by the EIR, the site is
physically suited for the Project as approved. Each of the four parcels conforms in area
and dimension to the provisions of the zoning and subdivision requirements of the City;
the C-3 zone allows for the development of the Project.
C. Except as noted in the EIR with relation to Traffic on the 60 freeway, noise and
air impacts, the design of the project and the proposed improvements will not: cause
any substantial environmental damage; will not injure any fish, wildlife or their habitats;
will not be materially detrimental to the public welfare; will not cause serious public
health problems. With regard to the areas noted above where there is the possibility of
significant environmental damage, the Planning Commission has determined that there
are no feasible mitigation measures or alternatives and has made the appropriate
findings. All necessary public improvements will be made prior to occupancy of the
buildings and the Project has been appropriately conditioned.
D. As evidenced by the EIR, the subdivision will not be injurious to the property or
improvements in the immediate vicinity of the Project.
E. The design of the subdivision and improvements will not conflict with any public
easements for access through or use of the property; the Project site is currently
undeveloped and does not provide any public access easements.
F. To the extent feasible, the design of the Project provides for future passive or
natural heating or cooling opportunities; this is provided by landscape planter areas and
landscape buffer areas throughout the site that exceed the City's minimum
requirements, including a large linear landscaped area along the west property line.
Additionally, the Project will be required to comply with Title 13 of the Building Code
which requires energy efficient design.
G. As evidenced by the EIR, the discharge of waste from the subdivision into the
existing sewer system will not result in a violation of existing requirements of the
regional water quality control board.
5
H. The subdivision has been required to dedicate right-of-way where necessary for
traffic improvements. No dedication of any alleys or driveways is required; however,
covenants are required to be recorded to insure that there is adequate access and
circulation for vehicular and pedestrian traffic. No other easements or covenants are
required for the approval of the map. The Project will take access off of Walnut Grove
Avenue and Rush Street, both of which are improved local streets; the Developer has
been conditioned to make the necessary improvements to handle the Project prior to
occupancy of the Project.
To ensure the safety of school children, the subdivision has been required to
install a flashing beacon at the school intersection and provide funding for a school
crossing guard program at the corner of Rush Street and Delta Avenue for a minimum
of 20 years. This facility and program, and the use of the fee to pay for the facility and
program, is reasonably related to the needs of the public arising from the development
of this Project.
SECTION 5. CONDITIONAL USE PERMIT FINDINGS
A. Conditional Use Permit 02-882 - Establishment of a Mini-mall on Parcel 2 —
In accordance with Section 17.112.030(24) of the Rosemead Municipal Code, the City
Council hereby readopts the findings made by the Planning Commission with respect to
the approval of the mini-mall on Parcel 2; a CUP is not required for the establishment of
the general merchandise/grocery retailer on Parcel 1 or the establishment of a fast
food/restaurant use on Parcel 3:
1. The establishment of a mini-mall on Parcel 2 will not be detrimental to the
health, safety, peace, morals, comfort or general welfare of persons in the
neighborhood because the Project has been sufficiently conditioned to
prevent such adverse impacts. Furthermore, Section 17.112.030(24) of
the Rosemead Municipal Code insures that mini-malls are to be
developed in such a way as to operate smoothly and efficiently; the mini-
mall will be required to comply with all of the provisions of this section, as
well as other applicable provisions of law.
2. The establishment of a mini-mall on Parcel 2 will not be detrimental or
injurious-to the property and improvements in the neighborhood. The
mini-mall is to be built on part of a 22+ acre parcel that will be subdivided
and the overall Project has been designed to minimize impacts to the
surrounding residential uses. The mini-mall is part of a larger commercial
development, is consistent with the existing zoning of the Project Site and
is consistent with the Land Use element of the General Plan as amended
and is consistent with those other provisions of the General Plan listed in
6
Section 3.C.1 above. Applicable laws and conditions will insure that the
mini-mall is well-maintained.
3. The establishment of a mini-mall of Parcel 2 will not be detrimental or
injurious to the general welfare of the City. In fact, establishment of a
mini-mall is deemed desirable for the public convenience as it will allow
additional retail opportunities to be established in the neighborhood in lieu
of the vacant piece of property that currently exists.
B. Conditional Use Permit 03-939 - Offsite Alcohol Sales - In accordance with
Sections 17.112.030(9) and 17.112.100 of the Rosemead Municipal Code, the City
Council hereby readopts the findings made by the Planning Commission with respect to
the approval of the sale of alcoholic beverages for off-site consumption, with the
exception of finding 5 as there is not an overconcentration of alcohol permits:
1. The sale of alcoholic beverages will not be detrimental to the health,
safety, peace, morals, comfort, or general welfare of persons in the
neighborhood because the Project has been sufficiently conditioned to
prevent such adverse impacts. Conditions have been imposed including,
but not limited to: requiring a security plan, including security guards and
patrols of the parking lot; signs prohibiting loitering and drinking alcoholic
beverages on the premises; prohibiting the sales of single cans of
beverages; and graffiti control. Additionally, the Operator of the major
retail tenant will be required to obtain a license from the Department of
Alcoholic Beverage Control. The Operator will be required to comply with
all of the conditions as violation of the ABC Conditions or of the conditions
of the Project approval shall be grounds to revoke the CUP for alcohol
sales. Traffic and parking will not be as issue as the design of the Project
has been determined to be adequate to handle the vehicular traffic and
there will be sufficient parking for the Project. The proximity of the
proposed use to residential, schools and playgrounds will not be a
problem as the sale of alcoholic beverages is only a minor part of the
proposed general merchandise/grocery store and is not a stand-alone
alcohol sales use. Additionally, because the sale of alcoholic beverages
is only a minor part of the proposed general merchandise/grocery store
use, the sale will not cause any additional impacts from the Project.
2. The sale of alcoholic beverages will not be detrimental or injurious to the
property and improvements in the neighborhood or to the general welfare
of the City because sufficient conditions have been placed upon the
approval as described above. The sale of alcoholic beverages at the
general merchandise /grocery sales use will not lessen the suitability of
the outlying pads for commercial development as the sale of beverages at
7
the major tenant would not impact potential restaurant uses; fast-food
uses; or other retail stores that may locate on Parcels 2 and 3.
3. The sale of alcoholic beverages is deemed essential or desirable to the
public convenience or welfare as it will allow shoppers of the general
merchandise/grocery retailer to obtain all of their needs in one location.
4. The sale of alcoholic beverages is in harmony with the various elements
or objectives of the general plan because the Project is located within the
Medium Commercial zoning district of the City and this approval will only
be effective if the General Plan Amendment changing the land use
designation to Commercial is approved. The use is in conformity with the
General Plan in that the policies of the General Plan encourage
complementary uses that will contribute to the economic well being of the
commercial areas of the City.
C. Conditional Use Permit 02-882 - Gasoline Station - Section
17.112.030(28(b)) of the Rosemead Municipal Code permits the development of a gas
station in the C-3 zone upon the granting of a conditional use permit if the following
findings can be made: the establishment, maintenance or operation of the use will not
be detrimental to the health, safety, peace, morals, comfort or general welfare of
persons residing or working in the neighborhood; the establishment, maintenance or
operation of the use will not be detrimental or injurious to the property and
improvements in the neighborhood or to the general welfare of the City; and the use is
deemed essential or desirable to the public convenience or welfare and is in harmony
with the various elements or objectives of the general plan. The City Council hereby
readopts the findings made by the Planning Commission with regard to the denial of
Conditional Use Permit 02-883 as the above findings cannot be made. Specifically, the
Planning Commission finds that:
1. The establishment, maintenance and operation of the gas station will be
detrimental to the health, safety, peace, morals, comfort and general
welfare of persons residing and working in the neighborhood due to the
proximity of residential and school uses as the gas station could expose
persons to health dangers from air pollutants and from dangers if there
were to be an explosion; the proximity of the gas station to the No Build
Fault Zone increases this concern. Additionally, as evidenced by the EIR,
elimination of the gas station will protect the public from benzene
contaminants.
2. The establishment, maintenance or operation of the gas station could be
injurious to property in the neighborhood if there were to be any type of
explosion; the proximity of the gas station to the No Build Fault Zone
8
increases the concern of such explosion.
3. The public convenience and necessity does not require the establishment
of a gas station at this location as there are sufficient alternative locations
to obtain gasoline in the nearby vicinity.
SECTION 6. LOCATION OF RECORD
Documents and other material constituting the record of the proceedings upon which
the City's decision and its findings are based are located at the City of Rosemead
Planning Department, located at 8838 East Valley Boulevard, Rosemead, California
91770, in the custody of Brad Johnson, Director of Planning.
On motion by Council Member Imperial , seconded by Council Member
Alarcon , the foregoing resolution was passed and adopted this 8th day of
September, 2004, by the City Council of the City of Rosemead, California by the
following vote:
Alarcon, Vasquez, Clark, Imperial, Taylor
AYES:
NAPES: None ._
ABSTAIN: None
ABSENT: None 7n C
MARL ET CLARK, MAYOR
I hereby certify that the foregoing Resolution No.
2004-38 was duly and regularly adopted by the Rosemead
ATTEST: City Council at a'aegular meeting held on the 8th day
of September 2004, by the following vote:
Yes: Clark, Vasquez, Taylor, Imperial, Alarcon
No: None, Absent: None, Abstain: None
N NCY V A LDERRAMA
CITY CLERK ��///�//'�/�
City Clerk
9
EXHIBITS
A— Conditions of Approval (as affirmed by the City Council)
B —Tentative Parcel Map dated 8/5/04
C — Development Plans dated 07-28-04
D — Colored Elevations and Material Sample Board (presented at September 7, 2004
meeting)
to
EXHIBIT"A"
TENTATIVE PARCEL MAP 26827
CONDITIONAL USE PERMIT 02-882
CONDITIONAL USE PERMIT 03-939
DEVELOPMENT AGREEMENT 04-01
1827 WALNUT GROVE AVENUE
(ROSEMEAD COMMERCIAL RETAIL CENTER)
CONDITIONS OF APPROVAL
AS AFFIRMED BY THE CITY COUNCIL
PLANNING CONDITIONS
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.
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.
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.
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.
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
1
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.
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.
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.
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 as such parcel is developed.
9. The Developer shall be required to complete all of the parking and
landscaping on Parcel 1 with the first phase of construction.
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.
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.
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.
13. City staff shall have access to the subject property during construction hours
to monitor progress.
14. The conditions listed on this Exhibit "A" shall be copied directly onto
development plans submitted to the Planning and Building Departments for
review.
2
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.
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).
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.
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 C.
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.
19. All 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.
20. All ground level mechanical/utility equipment (including meters, back flow
preservation devices, fire valves, NC condensers, furnaces and other
3
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.
21. All loading areas, mechanical equipment and trash disposal areas shall be
screened from view with materials approved by the Planning Department.
22. All trash enclosures shall be constructed to City Standards.
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.
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.
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.
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. .
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.
28. "No overnight camping" and "No Loitering" signs shall be installed throughout
the parking lot area on signs acceptable to the Planning Department.
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.
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
4
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.
31. A uniform sign plan shall be submitted for review.
32. Any proposed signage must be reviewed and approved by the Planning
Division and must comply with City Sign Regulations.
33. Signs shall reflect material and design elements of the project and shall be
compatible with the streetscape elements of adjoining areas.
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.
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.
36. Violation of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
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.
38. The Developer shall pay the required "Document Handling Fee" in order to
file the Notice of Determination with the County of Los Angeles.
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.
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.
5 •
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.
42. All 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
the mitigation measures and these conditions, the wording that provides the
most protections to the City shall apply. Mitigation Measure 4A.9 is
specifically excluded as the CUP for the gasoline station is not approved.
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.
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.
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.
46. No access to the site shall be provided from Delta Avenue.
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.
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.
49. An as-built set of plans shall be submitted upon completion of the project.
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
6
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 tenants building may
be made to the customer service department of the major tenant.
51. Developer shall file a Notice of Intent with the State Regional Water Quality
Board.
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.
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.
54. Until such time as the grocery store component is opened, 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. At such time as the grocery store component is
opened, the major tenant may operate on a 24 hour basis.
55. The parking lot lights shall be dimmed two hours after closing.
56. No single can sales of alcohol shall be allowed; the liquor department shall
not be located near an entrance. .
57. All references to the "Developer shall include any successors in interest.
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58. The cart storage area in front of the stores shall be fully screened from view.
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.
60. No guns, handguns, rifles, or other types of firearms or ammunition shall be
sold from any business on the Project Site.
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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
approval, or City Engineer's policies must be specifically approved in the final
map or improvement plan approvals.
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.
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.
4. Monumentation of parcel map boundaries, street centerline and lot boundaries is
required for a map based on a field survey.
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.
Unless superseded by the provisions of the Development Agreement, the
developer shall comply with all requirements of the Subdivision Map Act.
7. Developer shall obtain a public works permit for all work in or adjacent to the
public right-of-way.
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.
9. appropriate right-of-way or
easements to
accommodate a improvem nts adjacent to ndon the project site, f applicable.
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:
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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.
a 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.
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.
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.
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.
14. Roadways shall be improved as required by the City Engineer.
15. The final layout and site driveway design shall be subject to the review and
approval of the City Engineer.
16. New drive approaches shall be constructed at least 5' from any above-ground
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obstructions in the public right-of-way to the top of "x" or the obstruction shall be
relocated.
17. Drive approaches shall be at least 20' wide.
18. Clear unobstructed sight distances shall be provided at all unsignalized site
driveways.
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.
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.
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.
22. Damaged curb, gutter and sidewalk along Delta Avenue, Rush Street and Walnut
Grove Avenue shall be reconstructed.
23. Developer shall construct handicapped access ramps at all on-site intersections
and site driveways.
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.
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.
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
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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.
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.
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.
29. The existing EB left-turn bay on Rush Street at Walnut Grove shall be lengthened
to a minimum of 325 feet.
30. A left-turn bay shall be provided at the median openings for the customer access
on Rush Avenue.
31. There shall be no delivery truck driveway on Rush Street; delivery trucks shall
take access off of Walnut Grove Avenue.
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.
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.
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.
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.
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.
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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.
38. Bicycle rack(s) shall be installed pursuant to Chapter 12.32 of the Rosemead
Municipal Code.
39. Left-turn site egress shall be prohibited at the proposed southern site access on
Walnut Grove Avenue.
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.
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.
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.
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.
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.
45. The developer shall consult the City Engineer to determine the sewer location
and design requirements.
46. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
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.
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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
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.
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.
51. My 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.
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.
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.
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FIRE - 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.
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
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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, the
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.
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:
i. No portion of lot frontage shall be more than 200 feet via vehicular
access from a public fire hydrant
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IL 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. All 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.
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