CC - 2004-38 - Appeal to the Planning Commission Relating to Parcel Map 26827r
RESOLUTION NO. 2004 -38
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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
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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 EIR (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
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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.
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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:
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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.
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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.
I. 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
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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
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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
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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:
AYES: Alarcon, Vasquez, Clark, Imperial, Taylor
ABSTAIN: None
ABSENT: None
VE /
I' G -
I hereby certify that the foregoing Resolution No.
2004 -38 was duly and regularly adopted by the Rosemead
ATTEST: City Council at ai•.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
NANCY V LDERRAMA
CITY CLERK
City Clerk'
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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)
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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
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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.
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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, A/C condensers, furnaces and other
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equipment) shall be located away from public view or adequately screened by
landscaping or screening walls so as not to be seen from the public right -of-
way. The Director of Planning shall approve said screening prior to
installation.
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
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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 114 ", 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.
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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 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
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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 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 Engineers 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 Engineers 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. 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. 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:
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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.
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 Engineers 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 E
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. 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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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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ii. Additional hydrants shall be required if hydrant spacing exceeds
specified distances;
c. Turning radii shall be not less than 32 feet;
d. A Fire Department approved turning area shall be provided for all
driveways exceeding 150 feet in length; all on -site driveways shall provide
a minimum unobstructed width of 28 feet, clear -to -sky. The on -site
driveway is to be within 150 feet of all portions of the exterior walls of the
first story of any building.
14. Specific fire and life safety requirement for the construction phase will be
imposed during building fire plan check.
15. 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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