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CC - 2017-31 - Approving Modification 17-07 to Eliminate Conditions of Approval Number 59 from the Conditions of Approval of Modification 16-02. (Walmart) RESOLUTION NO. 2017-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROVING MODIFICATION 17-07 TO ELIMINATE CONDITION OF APPROVAL NUMBER 59 FROM THE CONDITIONS OF APPROVAL OF MODIFICATION 16-02. THE SUBJECT SITE IS LOCATED AT 1827 WALNUT GROVE AVENUE IN A C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5279-033-001) WHEREAS, on August 31, 2017, the City of Rosemead initiated Modification 17-07 to modify the conditions of approval for Modification 16-02. The modification would eliminate Condition of Approval Number 59, which currently requires Planning Division staff to conduct a quarterly meeting with Walmart and neighboring residents within a 300-foot radius; 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 Walmart 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 October 12, 2017, one hundred sixty-five (165) 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 17-07; and WHEREAS, on October 24, 2017, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 17-07; and NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Modification 17-07 is exempt pursuant to Section 15061(6)(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(6)(3) of the CEQA guidelines. SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 17-07 according to the criteria of Section 17.120.110(C) of the Rosemead Municipal Code as follows: A. Modification 16-02 was approved by the City Council on April 25, 2017, subject to conditions of approval outlined in Resolution 2017-08. 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. FINDING: Since the store begun operations in 2006, Walmart has implemented all the conditions of approval. Walmart has also demonstrated a good effort to satisfy all conditions of approval over the last few years. For this reason, on April 25, 2017, the City Council adopted Resolution 2017-08, and approved Modification 16-02, which modified Condition of Approval Number 59 of Development Agreement 04-01,Tentative Parcel Map 26827, and Conditional Use Permits 02-882 and 03-939. The modification amended the requirements of the annual Planning Commission review of Walmart's compliance with the conditions of approval to requiring Planning Division staff to conduct a quarterly meeting with Walmart and neighboring residents within a 300-foot radius. Two quarterly meetings were held on May 31, 2017, and August 30, 2017. Due to the number of resident attendance and the issues raised, Mayor Pro Tem Ly initiated the request to eliminate Condition of Approval Number 59. By eliminating Condition of Approval Number 59, all the conditions of approval for Modification 16-02 will still remain fully enforceable. In addition, it is evident that most of Walmart's original conditions of approval are related to the initial construction phase. For these reasons, City Staff is responding to Mayor Pro Tem Ly's request from August 31,2017,by proposing this modification to eliminate Condition of Approval Number 59. SECTION 3. The City Council HEREBY APPROVES Modification 17-07 to eliminate Condition of Approval Number 59, which currently requires Planning Division staff to conduct a quarterly meeting with Walmart and neighboring residents within a 300-foot radius. SECTION 4. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED,AND ADOPTED this 24th day of October,2017. i / Polly L6 ayor .,P)PROVED AS TO FORM: ATTESS////T: �/ p i �'ache'ichman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROSEMEAD I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2017-31, was duly adopted by the City Council of the City of Rosemead, California,at a regular meeting thereof held on the 24th day of October,2017, by the following vote, to wit: AYES: ARMENIA, CLARK. LY, LOW NOES: NONE ABSENT: ALARCON /J ABSTAIN: NONE Mare Donohue, City Clerk MODIFICATION 17-07 (ORIGINALLY MODIFICATION 16-02) 1827 WALNUT GROVE AVENUE (APN: 5279-033-001) CONDITIONS OF APPROVAL October 24, 2017 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. I lowever, 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 the issuance of building permits for Parcel I. 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). 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; I 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.A/C condensers,furnaces and other equipment)shall be located away from public view-or adequately screened by landscaping or screening walls so as not to be seen from the public right-of-way. The Director of Planning shall approve said screening prior to installation. 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 he 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 he installed throughout the parking lot arca 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 he 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 I kindling 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. 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 he 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 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 510,000 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 cart storage area in front of the stores shall be fully screened from view. April25, 2017). -60:59. No guns, handguns, rifles, 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 arc 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. 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. 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. 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 he 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 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. 45. The developer shall consult the City Engineer to determine the sewer location and design requirements. 46. Any utilities that arc 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 Chiefs 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 arc 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. FIRE DEPARTMENT - CONDITIONS OF APPROVAL I. 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. 8. If temporary fencing is used to enclose the construction site, at least two (2) means of unobstructed access must he installed and maintained each of which is to be located as to give maximum access to all parts of the site. hocking devices shall be of materials which can be readily forced by equipment used by the Los Angeles County Firc 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 confirm 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 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. IS. 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.