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PC - Item 3D - Modification 16-02 M ROSEMEAD PLANNING COMMISSION STAFF REPORT rl wcoRpo.„D At) TO: THE HONORABLE CHAIR AND ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: DECEMBER 19, 2016 SUBJECT: MODIFICATION 16-02 1827 WALNUT GROVE AVENUE SUMMARY The City of Rosemead is initiating a request to modify the conditions of approval for Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939. The modification would eliminate Condition of Approval Number 59, which currently requires the annual Planning Commission review of Wal-Mart's compliance with the conditions of approval. City Staff's initiative is based on discussion by the City Council at the August 23, 2016, City Council meeting. The subject site is located at 1827 Walnut Grove Avenue, in a C-3 (Medium Commercial) zone. Environmental Determination: Section 15061(b)(3) of the California Environmental Quality Act (CEQA) guidelines exempt projects from CEQA if the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the Wal-Mart project is built, and the holding of annual reviews of compliance with conditions of approval has no effect on the project's environmental impacts. Accordingly, Modification 16-02 is exempt from CEQA, pursuant to Section 15061(b)(3) of the CEQA guidelines. Staff Recommendation It is recommended that the Planning Commission ADOPT Resolution No. 16-21 with findings (Exhibit "A"), and APPROVE Modification 16-02 subject to revised conditions of approval outlined in Attachment "A" attached hereto. ANALYSIS Based on the City Council's discussion on August 23, 2016 (City Council Minutes are attached as Exhibit "B"), staff is recommending that the Planning Commission modify the conditions of approval for Development Agreement 04-01, Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939, to eliminate Condition of Planning Commission Meeting December 19,2016 Page 2 of 21 Approval Number 59, which currently states: The Planning Commission shall conduct an annual review of the major tenant's operation to insure that it is complying with all conditions of approval. The first review shall take place one year after a certificate of occupancy, or temporary certificate of occupancy, is issued." A majority of the conditions of approval for the Walmart project are related to the initial construction phase. Since the store has begun operations in 2006, Walmart has successfully implemented all the conditions of approval. At the time the annual reviews commenced, Wal-Mart had not implemented all conditions of approval relating to ongoing operations. The annual reviews therefore provided an opportunity for City Staff and the Planning Commission to review Wal-Mart's path to compliance. As of 2015, Wal-Mart attained compliance with all conditions of approval to the satisfaction of the Director. The ongoing annual reviews since that time have dealt primarily with issues that are better addressed by Code Enforcement Staff. By eliminating Condition of Approval Number 59, all the conditions of approval for Development Agreement 04-01, Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939 will still remain fully enforceable. Any major areas of noncompliance would still be brought to the Planning Commission as per Condition of Approval Number 36. Staff would also like to note that no other development (commercial, industrial, or residential) in the City of Rosemead is required to conduct an annual review in front of the Planning Commission. This item was presented to the Planning Commission in 2013, as Walmart requested to eliminate the annual review. At that time, the Planning Commission denied this request based on the adjacent residents' complaints regarding the solar inverter noise issue. Although these noise issues were raised by neighboring residents, Walmart has demonstrated multiple times that the noise levels are in compliance with Rosemead Municipal Code Section 8.36. Notwithstanding its compliance with the City's noise regulations, Walmarts attorney's office has confirmed that Walmart has initiated an internal process to evaluate the feasibility of further noise mitigation related to the solar inverter. The outcome will depend upon the cost of the solution and a determination that further, effective noise mitigation exists at all. The local management and attorney's challenge will be to overcome the inevitable question from corporate management of the need for further mitigation where the solar inverter is in compliance with the applicable noise standards. MUNICIPAL CODE REQUIREMENTS Development Agreement 04-01, Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939 were approved by the City Council on September 8, 2004, subject to conditions of approval outlined in Resolution 2004-38 (attached as Exhibit "C"). Rosemead Municipal Code Section 17.120.110(C) sets regulations on changes approved by original review authority. A proposed change may only be approved by the original review authority for the project through a modification permit application filed and processed. While the City Council ultimately approved the Wal-Mart project, the Planning Commission was the original review authority and Condition of Approval Number 37 requires the Commission to approve changes to the conditions of approval. Planning Commission Meeting December 19,2016 Page 3 of 21 After carefully reviewing City Council Resolution 2004-38 and the conditions of approval for the project, it is evident that most of Walmart's original conditions of approval are related to the initial construction phase. Since the store has begun operations in 2006, Walmart has implemented all the conditions of approval. By eliminating Condition of Approval Number 59, all the conditions of approval for Development Agreement 04-01, Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939 will still remain fully enforceable. In addition, Wal-Mart has demonstrated a good effort to satisfy all conditions of approval over the last few years. For these reasons, City Staff is responding to the City Council's discussion on August 23, 2016 by proposing this modification to eliminate Condition of Approval Number 59. Public Notice Process This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to one hundred sixty-nine (169) property owners, publication in the Rosemead Reader on December 8, 2016, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: Submitted by: 01 'tt' Lily T. Valenzuela Michelle Ramirez City Planner Community Development Director EXHIBITS: A. Planning Commission Resolution 16-21 with Attachment"A" (Conditions of Approval) B. City Council Minutes dated August 23, 2016 C. City Council Resolution 2004-38 with Conditions of Approval (Development Agreement 04-01, Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939) Planning Commission Meeting December 19,2016 Page 4 of 21 EXHIBIT "A" PC RESOLUTION 16-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 16-02 TO ELIMINATE CONDITION OF APPROVAL NUMBER 59 FROM THE CONDITIONS OF APPROVAL FOR DEVELOPMENT AGREEMENT 04-01, TENTATIVE PARCEL MAP 26827, AND CONDITIONAL USE PERMITS 02-882 AND 03-939. THE SUBJECT SITE IS LOCATED AT 1827 WALNUT GROVE AVENUE IN A C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5279-033-001). WHEREAS, on November 23, 2016, the City of Rosemead initiated Modification 16-02 to modify the conditions of approval for Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939. The modification would eliminate Condition of Approval Number 59, which currently requires the annual Planning Commission review of Wal-Mart's compliance with the conditions of approval; and WHEREAS, 1827 Walnut Grove Avenue is located in the C-3 (Medium Commercial) zone; and WHEREAS, Rosemead Municipal Code Section 17.120.110(C) sets regulations on changes approved by original review authority. A proposed change may only be approved by the original review authority for the project through a modification permit application filed and processed. While the City Council ultimately approved the Wal- Mart project, the Planning Commission was the original review authority and Condition of Approval Number 37 requires the Commission to approve changes to the conditions of approval; and WHEREAS, on December 8, 2016, one hundred sixty-nine (169) notices were sent to property owners within a 300-foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in six (6) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Modification 16-02; and WHEREAS, on December 19, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 16-02; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: Planning Commission Meeting December 19,2016 Page 5 of 21 SECTION 1. The Planning Commission HEREBY DETERMINES that Modification 16-02 is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) guidelines. Section 15061(b)(3) exempt projects from CEQA if the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Accordingly, Modification 16-02 is exempt from CEQA, pursuant to Section 15061(b)(3) of the CEQA guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 16-02 according the criteria of Section 17.120.110(C) of the Rosemead Municipal Code as follows: FINDING: After carefully reviewing City Council Resolution 2004-38 and the conditions of approval for the project, it is evident that most of Walmart's original conditions of approval are related to the initial construction phase. Since the store has begun operations in 2006, Walmart has implemented all the conditions of approval. By eliminating Condition of Approval Number 59, all the conditions of approval for Development Agreement 04-01, Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939 will still remain fully enforceable. In addition, Wal-Mart has demonstrated a good effort to satisfy all conditions of approval over the last few years. For these reasons, City Staff is responding to the City Council's discussion on August 23, 2016 by proposing this modification to eliminate Condition of Approval Number 59. SECTION 3. The Planning Commission HEREBY APPROVES Modification 16- 02 to eliminate Condition of Approval Number 59 for Development Agreement 04-01, Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939, which requires the annual Planning Commission review of Wal-Mart's compliance with the conditions of approval. SECTION 4. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Article IX — Planning and Zoning of the Rosemead Municipal Code. SECTION 5. This resolution is the result of an action taken by the Planning Commission on December 19, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Planning Commission Meeting December 19,2016 Page 6 of 21 SECTION 7. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 19th day of December, 2016. Daniel Lopez, Chair CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 19th day of December, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting December 19,2016 Page 7 of 21 ATTACHMENT "A" MODIFICATION 16-02 (ORIGINALLY, DEVELOPMENT AGREEMENT 04-01, TENTATIVE PARCEL MAP 26827, AND CONDITIONAL USE PERMITS 02-882 AND 03-939) 1827 WALNUT GROVE AVENUE (APN: 8592-009-007 AND 8592-009-008) CONDITIONS OF APPROVAL DECEMBER 19, 2016 PLANNING CONDITIONS OF APPROVAL 1. The site shall be developed and parcelized in accordance with the Tentative Parcel Map for the Project Design Alternative marked Exhibit "D" dated August 05, 2004, the Development Plans (Site Plan, Floor Plans, Elevations, and Landscape Plans) marked Exhibit "E" and submitted colored elevations and color and material sample boards, marked Exhibit "F". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939 shall not take effect for any purpose until the Developer has filed with the City of Rosemead an affidavit stating that they are aware of and accept all of the conditions set forth in this list of conditions. 3. The rights granted by Tentative Parcel Map 26827 and Conditional Use Permits 02- 882 for the mini-mall and 03-939 for the sale of alcohol shall be exercised within two years. The applicant shall make progress towards initiation of the proposed uses or request an extension within 30 days prior to the expiration from the Planning Commission, otherwise these approvals shall become null and void. 4. The Developer shall comply with all Federal, State and local laws relative to the approved uses including all requirements of the Planning, Building, Engineering, Fire, Sheriff and Health Departments and obtaining all operating permits from State and local agencies prior to issuance of a Certificate of Occupancy. 5. A final certificate of occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s); except for off-site improvements for which bonds are acceptable as approved by the Planning Department. However, a temporary certificate of occupancy may be issued so interior work can be completed. Nothing herein requires all improvements to be built at the same time, nor does it prohibit the phasing of the major tenant anchor store, provided that the landscaping and parking lot improvements are installed with the first phase. 6. The Developer shall develop and implement a Site and Facilities Security Plan which is to be approved by the Sheriffs Department, in its reasonable discretion, prior to Planning Commission Meeting December 19,2016 Page 8 of 21 the issuance of building permits for Parcel 1. At a minimum, the plan shall include private security guards, or other as approved by the Sheriffs Department, parking lot patrols, videotaping of the parking lot with signs informing the public of such, and security cameras inside the major anchor store. 7. The Developer shall obtain a Certificate of Occupancy permit and any applicable City of Rosemead business licenses prior to beginning business operations. The Planning Director may issue a temporary Certificate of Occupancy to allow the store to be set up and stocked prior to opening if all safety conditions have been satisfied. A final Certificate of Occupancy shall be required prior to the store being opened to the public. 8. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees are paid in full for improvements on each parcel. 9. The Developer shall be required to complete all of the parking and landscaping on Parcel 1 with the first phase of construction. 10.Prior to issuance of building permits for improvements on each parcel, all school fees shall be paid. The Developer shall provide the City with written verification of compliance from the Garvey School District. 11.The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday - Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. 12.Developer and its successors shall be required to meet with staff for a pre- construction meeting prior to the beginning of any site work. 13.City staff shall have access to the subject property during construction hours to monitor progress. 14.These conditions of approval shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 15.Driveways and parking areas shall be surfaced and improved with asphalt cement and thereafter maintained in good serviceable condition. Driveway entrances shall be improved with a decorative, stamped, colored concrete surface, subject to the review and approval of the Planning Director. 16.Sufficient off-street parking shall be provided on-site to meet the requirements of the Rosemead Municipal Code, including parking for persons with disabilities (in accordance with the most current edition of the Americans with Disabilities Act Accessibility Guidelines). Planning Commission Meeting December 19,2016 Page 9 of 21 17.A wall and fence plan will be required if any perimeter fencing or walls are proposed. The colors and materials of the proposed fence shall be consistent or compliment the submitted color and material board and first be approved by the Planning Department prior to installation. 18.Prior to issuance of building permits, a detailed landscape and irrigation plan prepared by a licensed landscaped architect shall be submitted to the Planning Department for review and approval for the Parcel being improved; said plan shall reflect the landscape and site plans contained in Exhibit E. a. The plan shall include automatic timers and rain shutoff valves; b. Landscaping irrigation systems shall be designed for high efficiency and irrigation timers programmed for minimized water usage; c. All landscape planters shall be surrounded by 4— 6 inch high curbs; d. A landscape edge treatment of approximately 32 feet shall be provided along the westerly Delta St. project boundary; e. Perimeter landscaping along Walnut Grove Avenue and Rush Street shall continue the landscaping themes of those corridors; f. Additional landscape and hardscape features shall be developed along the Rush Street perimeter to provide additional visual interest and enhancement. Staffs site inspection revealed that the landscaping throughout the Wal-Mart parking lot requires maintenance. The Wal-Mart Store Manager has indicated that they recently had issues with the irrigation system in the landscape planters, however, the issues will be resolved by August 17, 2012. He has also indicated that Wal-Mart has just received a bid from the landscaper regarding the maintenance of all landscaping within the parking lot area. They anticipate that it will be completed as soon as they receive approval from their corporate office. 19.AII landscaping and irrigation shall be installed and completed prior to final Planning Department approval. Perimeter landscaping shall be installed concurrent with the development of Parcel 1; landscaping on the interior of Parcels 2 and 3 need not be implemented until building permits are taken out for the improvements on each of those parcels. 20.AII ground level mechanical/utility equipment (including meters, back flow preservation devices, fire valves, NC condensers, furnaces and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right-of-way. The Director of Planning shall approve said screening prior to installation. Planning Commission Meeting December 19,2016 Page 10 of 21 21.All loading areas, mechanical equipment and trash disposal areas shall be screened from view with materials approved by the Planning Department. 22.All trash enclosures shall be constructed to City Standards. 23.There shall be no roof mounted equipment extending above the parapet wall of the building. A line of sight analysis to ensure zero visibility of roof top equipment shall be submitted to the Planning Division for review and approval. 24.There shall be no outside storage of shipping containers, other than in screened areas indicated on the approved site plan. All trash and debris shall be contained within a trash enclosure or compactor. 25.There shall be no outdoor sales activity on the site except as allowed by temporary sales as set forth in condition 26 below; no outside vending machines shall be allowed. 26.Except for the outside display and storage of Christmas trees and pumpkins which is a permitted use under the Municipal Code, the outdoor seasonal and/or promotional sales displays shall only be allowed when issued a temporary outdoor sales license by the City (an over-the-counter administrative approval). All requirements of the temporary outdoor sales ordinance shall be followed. 27.Electronic Shopping Cart wheel locks shall be installed on all carts that are utilized on the site to contain all carts within the perimeter property lines of the shopping center. 28."No overnight camping" and "No Loitering" signs shall be installed throughout the parking lot area on signs acceptable to the Planning Department. 29.Developer shall post signs stating possession of open alcoholic beverages on the premises prohibited by law", along sidewalks and parking lots. Size, location and material of signs shall be to the satisfaction of the Planning Department. 30.Conditional Use Permit No. 03-939 is for the issuance of an Off Sale alcohol license for a Type 21 (general alcohol). The appropriate license from the California Alcoholic Beverage Control shall be maintained and all conditions of the ABC license are hereby incorporated as conditions of this CUP approval. Violation of either the conditions of this approval or the ABC conditions shall be grounds for revocation of the CUP approval. 31.A uniform sign plan shall be submitted for review. 32.Any proposed signage must be reviewed and approved by the Planning Division and must comply with City Sign Regulations. Planning Commission Meeting December 19,2016 Page 11 of 21 33.Signs shall reflect material and design elements of the project and shall be compatible with the streetscape elements of adjoining areas. 34.The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4", contrasting in color and easily visible at driver's level from the street. Materials, colors, location and size of such address numbers shall be approved by the Director of Planning prior to installation. 35.AII utilities shall be placed underground including facilities and wires for the supply and distribution of electrical energy, telephone, cable television etc. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 36.Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings. 37.Minor modifications of the approved plans, except for the plans for the mini-mall on Parcel 2, may be approved by the Planning Director. The Rosemead Planning Commission must act on any substantial changes to the approved plans, to any changes of these conditions of approval and to any changes of plans approved for the mini-mall on Parcel 2. 38.The Developer shall pay the required "Document Handling Fee" in order to file the Notice of Determination with the County of Los Angeles. 39.The Developer shall install the type of lights identified in the mitigation monitoring program. Downlit fixtures shall be used to shield light emissions onto adjoining properties. The overall height of the light pole and fixture shall not exceed 24 feet. The poles shall be steel, aluminum, or other similar approved material. The style of the poles shall compliment the fixture design. All wall pack fixtures must be cutoff (shielded) fixtures. 40.A lighting plan (photometric plan), addressing parking lot security lighting on-site, shall be submitted in conjunction with the Final Site Plan application for review and approval by the City Planning Department. 41.A 14-foot high decorative block wall shall be constructed along the northern and western boundary and along the southern boundary to the depth of the truck well with the development of Parcel 1. 42.All mitigation measures set forth in the Mitigation Monitoring Program are incorporated as conditions of approval. Unless otherwise specified, any mitigation measure listed in the EIR which was not included in the Mitigation Monitoring Program shall be deemed to have been included as a mitigation measure as though included in the Mitigation Monitoring Program and incorporated as a condition of approval. In the case of any conflict between the mitigation measures and these conditions, the wording that provides the most protections to the City shall apply. Planning Commission Meeting December 19.2016 Page 12 of 21 Mitigation Measure 4.4.9 is specifically excluded as the CUP for the gasoline station is not approved. 43.Truck deliveries shall not occur between 10 p.m. to 6 a.m. the following day and routing shall be approved by the Planning Department. 44.No portion of the parking lot area shall be used by or sublet for any other business activity not associated with general merchandise/grocery activities. 45.CC&Rs requiring maintenance of the parking lots, landscaped areas and parkway landscaping on parcels 1, 2 and 3 shall be recorded. The CC&Rs shall be submitted for review and approval by the City prior to recordation of the parcel map. These provisions of the CC&Rs may not be amended or deleted without the prior written consent of the City. The City shall be a third party beneficiary to the CC&Rs and shall have the right to enforce these requirements. 46.No access to the site shall be provided from Delta Avenue. 47.Bollards shall be located adjacent to all pedestrian service doors in locations approved by the Building Division in order to prevent vehicles from blocking access. 48.During construction, all roads shall be kept free of nails or other construction debris that may pose a hazard to emergency and other city vehicles. 49.An as-built set of plans shall be submitted upon completion of the project. 50.The walls on the outside of the Project Site shall be coated with graffiti-resistant materials or landscaping treatments such as wall-climbing vines shall be planted to help deter graffiti. Tenants shall be responsible for cleaning graffiti on their buildings within 48 hours of notification of such graffiti; the major tenant shall be responsible for cleaning graffiti on the perimeter walls of the Project Site within this same time period. Complaints regarding graffiti on the perimeter walls or on the major tenant's building may be made to the customer service department of the major tenant. 51.Developer shall file a Notice of Intent with the State Regional Water Quality Board. 52.In the event of any administrative, legal or equitable action or other proceeding instituted by any person, entity or organization challenging the validity of the project approvals to which these conditions attach or challenging the sufficiency of any environmental review, the Developer shall cooperate with the City in the defense of any such challenge. Developer agrees that City may, at its sole option, tender the complete defense of any such third party challenge to the Developer, and upon acceptance of such tender by Developer, Developer shall indemnify and hold harmless City against any and all fees and costs arising out of the defense of such challenge and shall control the defense. Should Developer refuse to accept such a tender by the City, City may defend such action or proceeding and if City so Planning Commission Meeting December 19,2016 Page 13 of 21 defends, Developer shall indemnify and hold City harmless from all attorneys' fees related to such defense. 53.The Developer shall pay for all of the City's costs, including the costs of outside consultants, incurred in working on the CEQA and project entitlement review and shall pay for all costs related to the Mitigation Monitoring Program. Prior to beginning construction, the Developer shall pay all fees incurred to date and shall deposit $10,000 toward the Mitigation Monitoring Program. The City shall keep track of the actual costs of the Mitigation Monitoring Program and in the case of a difference between the deposit and the actual cost, the Developer shall either pay for any additional costs or the City shall refund the difference. 54.The hours of operation of the major tenant shall be limited to 8 a.m. to 10 p.m., except during Christmas season, in which case the hours of operation may be extended to midnight. 55.The parking lot lights shall be dimmed two hours after closing. 56.No single can sales of alcohol shall be allowed; the liquor department shall not be located near an entrance. 57.All references to the "Developer" shall include any successors in interest. 58.The cad storage area in front of the stores shall be fully screened from view. 59.No guns, handguns, Hiles, or other types of firearms or ammunition shall be sold from any business on the Project Site. CITY ENGINEER'S CONDITIONS OF APPROVAL 1. Details shown on the tentative map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City Engineer's policies must be specifically approved in the final map or improvement plan approvals. 2. A final parcel map prepared by, or under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor, must be processed through the City Engineer's office prior to being filed with the County Recorder. 3. A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the final parcel map is released for filing with the County Recorder. 4. Monumentation of parcel map boundaries, street centerline and lot boundaries is required for a map based on a field survey. Planning Commission Meeting December 19,2016 Page 14 of 21 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. Planning Commission Meeting December 19,2016 Page 15 of 21 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. Planning Commission Meeting December 19,2016 Page 16 of 21 23. Developer shall construct handicapped access ramps at all on-site intersections and site driveways. 24. Developer shall modify the existing traffic signal at the intersection of Walnut Grove Avenue and Rush Street to include north/south left-turn phasing in conjunction with the proposed development. Pedestrian crossing improvements at this intersection shall be provided to the satisfaction of the City. 25. The north site access on Walnut Grove shall be signalized in conjunction with the construction of the initial phase of the proposed commercial center. At the construction stage, the developer shall provide signal timing plans and interconnect the closely adjoining signalized intersections to provide adequate coordination. Pedestrian crossing improvements at this intersection shall be provided to the satisfaction of the City. 26. Developer shall provide two (2) entering, and two (2) exiting lanes at the north site access driveway on Walnut Grove. To provide efficient signal operation at the north site access on Walnut Grove, separate sensing of the driveway's right-turn and left-turn exit lanes shall be provided. The left turn exiting lane at this location shall be a minimum of 100 feet in length. 27. A median break with a minimum 225-foot recessed left-turn bay shall be provided for NB Walnut Grove at the north Walnut Grove driveway access. 28. The customer entrance on Rush Street shall be signalized in conjunction with the construction of the initial phase of the proposed commercial center and provide separate right-turn and left-turn lanes for vehicles leaving the site. At the construction stage, the developer shall provide signal timing plans and interconnect the closely adjoining signalized intersections to provide adequate coordination. 29. The existing left-turn bay on Rush Street at Walnut Grove shall be lengthened to a minimum of 325 feet. 30. A left-turn bay shall be provided at the median openings for the customer access on Rush Avenue. 31. There shall be no delivery truck driveway on Rush Street; delivery trucks shall take access off of Walnut Grove Avenue. 32. The developer shall install all street name signs, stop signs, and all other miscellaneous signage as deemed necessary by the City Engineer, regardless of whether such signs are shown on the street improvement plans. All signs must be installed to City of Rosemead, County and/or Caltrans standards, as applicable, prior to utility clearances and occupancy certification of the first development phase. 33. The developer shall be responsible for installing or repairing all centerline striping, traffic legends, raised reflective pavement markers and other traffic delineation Planning Commission Meeting December 19,2016 Page 17 of 21 required by the City Engineer, including signal loops damaged or required to be installed as a requirement of the project. 34. All on-site parking and circulation areas shall be paved as required by a pavement engineering or geotechnical report prepared by a civil engineer, subject to review and approval of the City Engineer. 35. Developer shall construct handicapped access ramps per City standards at the corners of Walnut Grove Avenue and Rush Street, and Rush Street and Delta Avenue. 36. Vehicle storage space in all left-turn bays associated with site access points and the adjacent intersection shall be provided to the satisfaction of the City Engineer. 37. The site design shall provide the facilities necessary to safely integrate alternate transportation modes such as bicycle usage, pedestrian access, and transit operations into the site access and circulation system on-site and minimize the area where vehicle conflicts with bicyclists and pedestrians can occur. 38. Bicycle rack(s) shall be installed pursuant to Chapter 12.32 of the Rosemead Municipal Code. 39. Left-turn site egress shall be prohibited at the proposed southern site access on Walnut Grove Avenue. 40. Street trees sized at a minimum of 24 inch boxed, shall be installed within the setback areas adjacent to the parkway of all streets. The type, size and location of the street trees shall be approved and inspected prior to planting by the City Engineer. 41. Prior to issuance of a certificate of occupancy for Phase 1 Improvements, Developer shall deposit an amount determined by the City Engineer for the costs of installing a flashing beacon at school crossing and funding a school crossing guard program at the corner of Rush Street and Delta Avenue for a minimum of 20 years. 42. The Walnut Grove Avenue entry shall be 58 feet, providing four (4) 12-foot lanes, two inbound and two outbound, and a 10-foot wide landscaped median. 43. Approval of this land division is contingent upon the installation of local 8-inch (minimum) main line public sewer within a dedicated (10 feet minimum) easement to the City. Separate house laterals shall be constructed to serve each lot of the land division. 44. The developer shall send a print of the sewer plans to the City and to the Los Angeles County Department of Public Works for review. Approval must be assured prior to filing this land division map. Planning Commission Meeting December19,2016 Page lB of21 45. The developer shall consult the City Engineer to determine the sewer location and design requirements. 46. Any utilities that are in conflict with the development shall be relocated at the developer's expense. 47. All lots shall be served by adequately sized water system facilities, which shall include fire hydrants of the size, type and location as determined by the Fire Chief. 48. The water mains shall be of sufficient size to accommodate the total domestic and fire flow required for the land division. Domestic flows required are to be determined by the City Engineer. Fire flows required are to be determined by the Fire Chief. 49. Plans and specifications for the water system facilities shall be submitted for approval to the water company serving this land division. The subdivider shall submit an agreement and other evidence, satisfactory to the City Engineer, indicating that the subdivider has entered into a contract with the servicing water purveyor guaranteeing payment and installation of the water improvements. 50. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider compliance with the Fire Chief's fire flow requirements. 51. Any fast food restaurants proposed with drive-through facilities shall be designed to provide safe on-site traffic circulation which does not conflict with entering or exiting traffic to the site, on-site parking or pedestrian movements. Sufficient reservoir space shall be provided to store four vehicles between the order board and the pick-up window (not including the car at the order point or the car at the pick-up window). Storage for at least four vehicles shall also be provided in advance of the menu board. 52. If any oil, gas or injection wells are discovered within the Project Boundaries, the Developer shall notify the Department of Conservation (Cypress office) and comply with any necessary closure/remedial actions required by DOC. 53. Sidewalks shall be installed on the easterly side of Delta immediately adjacent to the street frontage of the Project site; Delta shall be fully improved to City standards to the satisfaction of the City Engineer. Planning Commission Meeting December 19,2016 Page 19 of 21 FIRE DEPARTMENT - CONDITIONS OF APPROVAL 1. An engineered automatic sprinkler system is required to be installed pursuant to applicable Building and Fire Codes to the satisfaction of the County Fire Department. Plans for such a system shall be submitted for review and approval by the County Fire Department prior to the issuance of building permits. 2. The use or storage of any hazardous or flammable materials shall comply with the requirements of the Fire Department and must be in compliance with the Uniform Fire Code. 3. Underground fuel storage tanks and any associated tank connections shall be submitted to the Los Angeles County Department of Health Services for approval prior to review/approval by the County Fire Department. Contractors performing said work shall obtain a Fire Department Permit prior to commencement of work. Access roadways shall be provided as per the current edition of the Uniform Fire Code and property marking designating "No Parking" where necessary to ensure an unobstructed clear width. 4. A water supply system shall be installed, capable of providing the required fire flow for the proposed type of development as per requirements of the applicable Fire Code. 5. Where access to or within a structure area is restricted because of secured openings and immediate access is necessary for life saves or firefighting purposes, a Knox Box is to be installed in an accessible location as approved by the Fire Department. The Knox box shall be of a type approved by the Fire Department. 6. Fire apparatus access roads shall be required for any building constructed where any portion of an exterior wall is located more than 150 feet from Fire Department vehicle access point. Fire apparatus roads shall have an unobstructed width of not less than twenty (20) feet and an unobstructed vertical clearance of not less than thirteen (13) feet, six (6) inches. 7. All streets and access roadways as approved on the final tract map shall be maintained in such a manner as to provide access for emergency vehicles at all times during construction phase. All streets and/or access roadways shall be constructed and maintained as to provide a smooth driving surface of not less than twenty (20) feet of unobstructed width, capable of supporting the imposed load of Fire Department apparatus and/or emergency rescue equipment to within seventy-five (75) feet of all structures. Failure by the developer and the persons responsible for the project site to comply with this provision or any of the other requirements outlined in Rosemead Municipal Code and the applicable Fire Code, will be cause for the Fire Chief to require that all activity be discontinued pending compliance. Planning Commission Meeting December 19,2016 Page 20 of 21 8. If temporary fencing is used to enclose the construction site, at least two (2) means of unobstructed access must be installed and maintained each of which is to be located as to give maximum access to all parts of the site. Locking devices shall be of materials which can be readily forced by equipment used by the Los Angeles County Fire Department. 9. The storage or stacking of lumber, fabricated components or other combustible materials is not permitted nor shall the storage of structure framing lumber be initiated within the City limits until all water lines and hydrants, as set forth on the approved water map for the project, have been installed and approved by the Los Angeles County Fire Department. 10.To the extent not already covered by the conditions set forth herein, development shall conform to the regulations of the California State Fire Marshal as contained within Title 19 and Title 24 of the California Code of Regulations. 11.The developer shall submit a list of hazardous or flammable materials used or stored and the quantities of each to the Building Division prior to plan check. A hazardous material management plan (HMMP) per UBC 307.1.6 shall be prepared and submitted prior to plan check submittal. Additional fees incurred by Building Division shall be paid for the analysis and review of the HMMC. 12.When required, permits from County Department of Health Services for use, storage, or disposal of hazardous materials shall be obtained prior to final approval of the project Certificate of Occupancy. 13.The final development plans shall comply with all applicable code and ordinance requirements for construction, access, water mains, fire flows and hydrants and shall meet the following minimum requirements: a. Development may require fire flows up to 5,000 gallons per minute at 20 pounds per square inch residual pressure for up to a five-hour duration; final fire flows will be based on the size of buildings, its relationship to other structures, property lines, and types of construction. b. Fire hydrant spacing shall be 300 feet and shall meet the following requirements: i. No portion of lot frontage shall be more than 200 feet via vehicular access from a public fire hydrant ii. Additional hydrants shall be required if hydrant spacing exceeds specified distances; c. Turning radii shall be not less than 32 feet; d. A Fire Department approved turning area shall be provided for all driveways exceeding 150 feet in length; all on-site driveways shall provide a minimum Planning Commission Meeting December 19,2016 Page 21 of 21 unobstructed width of 28 feet, clear-to-sky. The on-site driveway is to be within 150 feet of all portions of the exterior walls of the first story of any building. 14.Specific fire and life safety requirement for the construction phase will be imposed during building fire plan check. 15.AII buildings shall be accessible to Fire Department apparatus by way of access roadways, with an all-weather surface of not less than the width prescribed by the Fire Department, unobstructed, clear-to-sky. The roadway shall be extended to within 150 feet of all portions of the exterior walls when measured by an unobstructed route around the exterior of the building. 16.Fire sprinklers shall be required in all buildings MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO 1'Dli ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION REGULAR JOINT MEETING AUGUST 23,2016 Workshop The workshop meeting of the Rosemead City Council was called to other by Mayor Annenta at 6:03 p.m. in the Rosemead City Council Chamber located at 8838 Bast Valley Boulevard, Rosemead, California. PRESENT:Mayor Armenia,Mayor Pro Tem Low,Council Members Alarcon, Clark,Ly STAIN PRESENT: City Manager Maths, City Attorney Richman, Director of Community Development Ramirez,Director of Finance Chu,Director of Parks and Recreation Chacon, Acting Director of Public Works Fajardo,and City Clerk Donohue 1. WORKSHOP . • Military Banner Program Director of Parks and Recreation Charon presented a PowerPoint presentation of the Military Banner program. Mr. Charon stated that the banner program will be administered through Parks and Recreation Department and in conjunction with Public Works for installation of the banners and the Rosemead Chamber of Commerce. Council Member Ly suggested that the military banners stay up front January to November. Director of Parks and Recreation Chacon explained that depending on the direction of Council, the same banner could go back up or only active duty members could be installed along with an annual verification. Bran Lewin, resident, was pleased that the City will start the banner program again. However, he suggested that the program include both active and veterans who have served. He spoke about veteran resident Carlos Pandora, who served two tours in Iraq before being killed. Mr. Lewin suggested that the City Council also consider directing staff to look into a memorial to acknowledge Rosemead veterans who have been killed in combat. Council Member Ly stated that the City should recognize military men, women, and all others that are associated in the military. He suggested that the City honor the veterans with a separate memorial and that the military banner program should be for active members currently serving. _ Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting - Minutes ofAugust23,2016 Page 1 of 8 EXHIBIT "B" Council Member Clark inquired on the amount of poles available for the banner program. Director of Parks and Recreation Chacon replied there are fifty poles on Valley Boulevard and ninety on Garvey Avenue. Mayor Armenta explained that the Council agrees that both active duty and veterans should be recognived. She reiterated that the Council should discuss what criteria will be in the program. Mayor Pro'1'em Low asked what the banner cost will include. Mayor Armenta replied that there were businesses willing to sponsor the banners in the past and asked staff what precautions will be in place for residents who cannot afford a banner. Director of Parks and Recreation Chacon explained that the cost includes the banner, bracket, and installation, which includes staff time. Mr. Chacon added that staff is coordinating with the Rosemead Chamber of Commerce to talk to businesses about starting a fundraiser or scholarship program. The City Council continued the discussion of the military banner program's criteria and design.In addition, the banner program will include both active duty and veterans. The City Council, also agreed to name the banner program, "Rosemead Hero Military Banner Program". The City Council moved the closed session item for discussion before the regular City Council meeting at 7:00 p.m. There being no objections, the City Council recessed to closed session at 6:37 p.m. 10. CLOSED SESSION The City Council will recess to Closed Session to discuss the following: 1) CONFERENCE WITH IFGAL COUNSEL—ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) 1 potential case 2) PUBLIC EMPLOYMENT: Government Code Section: 54957 Title: Public Works Director The City Council.reconvened into open session at 7:03 p.m. at which time, City Attorney Richman announced there was no reportable action. Rosemead City Council and the Successor-Agency to the Rosemead Community Development Commission Joint Meeting Minutes of August 23,2016 Paget of Regular Meeting •The regular meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission was called to order by Mayor Armenia at 7:03 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard,Rosemead, California PLEDGE OF ALLEGIANCE was led by Mayor Pro Tern Low INVOCATION was led by Council Member Ly PRESENT: Mayor/Chair Armenta, Mayor Pro Tem/Vice-Chair Low, Council Members/Board Members Alarcon, Clark,Ly. STAFF PRESENT: City Manager Marais, City Attorney Richman, Director of Community Development Ramirez, Director of Finance Chu, Director of Parks and Recreation Chacon,Acting Director of Public Works Fajardo, and City Clerk Donohue. 2. PUBLIC COMMENTS FROM THE AUDIENCE Allen Aguilar,resident, stated that in celebration of the City's anniversary in August and to preserve the history of the City, the Aguilar family has donated a 1980 customized game board of the City of Rosemead. forge Rodriguez, representative Blue Green Alliance spoke about environmental issues affecting local communities on gas leaks. 3. PRESENTATIONS • Employee Introduction—Marc Donohue, City Clerk Mayor Armenta introduced the new City Clerk Marc Donohue and welcomed him to the City of Rosemead. • Recoguitionof Public Safety Coordinator Mandy Wong The City Council commended Public Safety Coordinator Wong for her commitment and work to the National Night Out event and the School Resource Fair event. 4. PUBLIC HEARING-None 5. CONSENT CALENDAR Mayor Armenta pulled item SF for discussion. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes ofAugust23,2016 Page 3 of 8 • Council Member Ly asked staff for clarification on item 511,regarding the attendance of the Assistant City Manager to the ICMA Conference and not the City Manager. City Manager Manis explained that be initially was going to attend the conference, however the ICMA Conference is on the same day of a City Council Meeting and the Assistant City Manager would attend in his place. A. Claims and Demands • Resolution No.2016-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,152,533.27 NUMBERED 93182,THROUGH 93216, AND 93217 THROUGH 93306 Recommendation: Adopt Resolution No. 2016-41 • Resolution No.201642 A RESOLUTION OF THE CITY COUNCIL OF THE CTl Y OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF$422,445.34 NUMBERED 93183 THROUGH 93214, AND 93215, AND 93307 THROUGH 93066 Recommendation: Adopt Resolution No.201642 • Resolution No.2016-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN :C[AIVIS AND DEMANDS IN THE SUM OF$184,601.03 NUMBERED 93393 THROUGH 93397, 93418 THROUGH 93419, 93420, AND 93424 THROUGH 93444 Recommendation: Adopt Resolution No. 2016-44 • Resolution No.24)16-45 A RESOLUTION OF THE CITY COUNCIL OF TTIE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN'THE SUM OF$681,569.24 NUMBERED 93398 Rosemead City Council and the Successor Agency to 1he Rosemead Community Commission Joint Meeting Minutes of August 23,2016 Page 4 of THROUGH 93402, 93403, 93404 THROUGH 93417, 93421 THROUGH 93423,AND 93445 THROUGH 93552 Recommendation: Adopt Resolution No. 2016-45 B. Approval of Minutes Recommendation: Approve the regular meeting minutes of May 10, 2016, June 14, 2016, and the special meeting minutes of July 25, 2016 as amended with minor corrections. C. Titles of Officers Authorized to Make Deposits and Withdrawals in the Local Agency Investment Fund(LAW) Recommendation: That the City Council approve Resolution No. 2016-43 listing the names and titles of officers authorized to make deposits and withdrawals in.the LAIF account D. Assignment of Environmental Consulting Services Contract to MIG,Inc. (MEG)for a New 21-Unit Planned Development Recommendations: To authorize the Mayor to execute a contract agreement with MEG to assist in the preparation of required CEQA studies; and obtain a deposit of $39,205 from the developer to cover the full cost for contract services. E. Assignment of Garvey&Earl Plaza Environmental Consulting Services Contract to Phil Martin &Associates,Inc. Recommendations: To authorize the Mayor to execute a contract agreement with Phil Martin & Associates, Inc. to assist in the preparation of requited CEQA studies; and obtain a deposit of$41,825 from the developer to cover the full cost for contract services. G. Biennial Review and Update of the City's Conflict of Interest List of Designated Positions and Adoption of Rosemead Municipal Code Ordinance 963 to Permit Changes to the List of Designated Positions to be Made by Resolution. Recommendations: That the City Council review and approve the changes to the City's Conflict of Interest Code; introduce for first reading, Ordinance 963 which amends Rosemead Municipal Code Section 124.020 to state that future amendments to the list of designated positions be made by resolution; and adopt Resolution No. 2016-46, which updates the list of designated positions within the City. Rosemead City Council and the Successor Agency to the Rosemead Comm unity Development Commission JointMeefing Minutes of August 2016 Page 5 of H. ICMA 102"Annual Conference: September 25th—280`,Kansas City,MO Recommendation: That the City Council authorize the Assistant City Manager's attendance at the ICMA 102nd Annual Conference in Kansas City, MO, on September 25th—286,at the City's expense. ACTION: Moved by Council Member Ly, seconded by Council Member Alarcon to approve the Consent Calendar Items 5A through 5H with the exception of item 5F. The motion unanimously carried by the following roll call vote: AYES: Alarcon, Armenta, Clark,Low,Ly F. City Tree Maintenance Services—Award of Contract Recommendation: That the City Council authorize the City Manager to enter into a contract with Great Scott Tree Service, Inc. for an estimated annual cost of $204,000 for the first three (3) years, with an annual option to renew for the following two (2)years. City Manager Marais stated that there were some concerns brought to his attention after the agenda was posted. Staff requested to calendar item 5h and bring the item back to the September 27th City Council meeting after a thorough review of the proposals. ACTION: Moved by Council Member Ly, seconded by Council Member Clark to table the Tree Maintenance discussion to the September 27th, 2016 City Council meeting. The motion unanimously carried by the following roll call vote: AYES: Alarcon, Armenta,Clark,Low,Ly 6. MATTERS FROM CITY MANAGER &STAFF A. Purchasing Ordinance and Policy Recommendation: That the City Council introduce, by title, Ordinance 964; and amend the City's Purchasing Policy#20-01, that will increase the City Manager's approval limit on purchases from$25,000 to $30,000. Finance Director Chu summarized the staff report and cited that Ordinance No. 964 would amend the City's Purchasing Policy to increase the City Manager's approval limit on purchased up to$30,000. ACTION: Moved by Council Member Ly, seconded by Council.Member Clark to approve the recommended action. The motion unanimously carried by the following roll call vote:AYES: Alarcon,Armenta, Clark,Low,Ly Rosemead City Council and the Successor Agency - to the Rosemead Community Development Commission Joint Meeting Minutes of August23,2016 Page 6o/8 • B. Approving the Issuance of Refunding Bonds of the Former Rosemead Community Development Commission, Approving the Execution and Delivery of an Indenture of Trust and Irrevocable Refunding Instructions, and Providing for Other Matters Properly Relating thereto Recommendation: That the Successor Agency approve Resolution No. 2016-12 approving the issuance of bonds in order to refund certain outstanding bonds of the former Rosemead Community Development Commission; approving the execution and delivery of an Indenture of Trust and Irrevocable Refunding Instructions; and providing for other matters properly relating thereto ACTION: Moved by Council Member Ly, seconded by Council Member Alarcon to approve the recommended action. The motion unanimously carried by the following roll call vote:AYES: Alarcon,Armenta,Clark,Low,Ly 7. MATTERS FROM MAYOR &CITY COUNCIL A. Possible Opposition to SB 1298 (Requested by Councilmember Clark) Recommendation: That the City Council direct staff to draft a letter of opposition to SB 1298. Council Member Clark stated that she has been involved in storm water issues and we are facing an L.A County$20 billion program that no other county or city has to do in the State of California. The proponents of SE 1298, would change the definition of sewer, because sewer was exempted by the voters in Proposition 218. The proponents want to be able to pass these taxes, which could amount to $20 billion, without voter approval. They tried to put it on the ballot for November, to have an exemption state that storm water would he exempt from having a vote by • the people but they withdrew the ballot measure when the attorney general's office labeled it"taxes without-voter approval". Instead they tried this bill which is a"gut and amend" and does not provide time for the public to know about it. The estimated yearly tax bill for a property owner in a San Gabriel Valley city would be approximately$1,400.Ms. Clark asked the Council to oppose the bill. Mayor Pro Tern Low asked what the League of California Cities position is on the • bill. Council Member Clark stated that the League of California Cities is neutral, because there was enough opposition from various cities.It's a policy of the League that you don't take positions on issues that adversely affect some cities. ACTION: Moved by Council Member Clark, seconded by Council Member Ly to approve the recommended action. The motion unanimously carried by the following roll call vote: AYES: Alarcon,Armenta, Clark,Ly and ABSTAIN: Low Rosemead CiyCouncil and the Successor Agency to the Rosemead Community Development Commission Joint Meeting - Minutes of August 23,2016 Page 7ofB Mayor Armenta reported out that she attended the NALEO Emergency Preparedness conference lead by FEMA in Boston. She shared some information she gathered and stated that she would pass along infu.uiational resources to staff. 8. CITY MANAGER COMMENTS-None 9. COUNCIL COMMENTS Council Member Ly asked staff if the grading of the skate park project is complete. Acting Public Works Director Fajardo confirmed that the grading portion of the project is completed and the concrete would be poured in the near future. Council Member Ly asked staff to look into a deep hole-like area between the walking track and the pool facility and that the nearby tree maybe causing some structural issues. Also, suggested that Council consider the removal of Wal-Mart's annual review from the conditions of approval. Council Member Clark stated that she believed the annual review is in the conditions of approval. She noted that there is one issue that was in the report which needs to be taken care of. Mayor Armenta shared a resident's concern about the West Nile Virus and read an article from the Rosemead Reader on Cities affected by the virus. Mayor Pro Tern Low left the meeting at 8:05 pm. 11. ADJOURNMENT The meeting adjourned at 8:08 p.m. The next regular City Council meeting is scheduled to take place on September 13, 2016, at 7:00 pm. in the Rosemead City Hall Council Chamber. i i — . Marc Donohue,City Clerk APPROVED: • rlatk 4 - Sandra Armenia,Mayor Rosemead Oily Council and the Successor Agency to tho Rosemead Community Development Commission Joint Meeting Minutes of August 23,2016 Page 8 ofB . RESOLUTION NO. 2004-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION RELATING TO THE FOLLOWING ACTIONS ON THE ROSEMEAD COMMERCIAL RETAIL CENTER: APPROVING TENTATIVE PARCEL MAP 26827- FOR A FOUR LOT DIVISION, APPROVING CONDITIONAL USE PERMITS 02-882 FOR A MINI-MALL ON PARCEL 2 AND 03-939 FOR ALCOHOL SALES AT THE MAJOR TENANT ON PARCEL 1, AND DENYING CONDITIONAL USE PERMIT 02-883 FOR A GASOLINE STATION The City Council of the City of Rosemead does hereby resolve as follows: SECTION 1. BACKGROUND A. Development Resource Consultants has filed applications for development of a 22.5 acre site bounded by Delta Street to the west, Rush Street to the north, Walnut Grove Avenue to the east, and the Panda Restaurant Group corporate building which is, located immediately south of and adjacent to the southern border of the project site. Development Resources Consultant sought approval of a 253,267 square foot retail/commercial center which would include a 230,367 square foot general merchandise/grocery sales store (Wal-Mart), a gas station with eight fueling pumps, and approximately another 22,000 square feet of restaurant and retail uses (the "Proposed Project"). - B. The Proposed Project required approval by the Planning Commission of a tentative parcel map to divide the parcel into 6 lots and conditional use permits to. establish a gas station, allow the sale of alcoholic beverages, and establish a "mini- mall" as defined by Chapter 17.04 of the Rosemead Municipal Code. The Project also requires approval by the City Council of a General Plan amendment to the Land Use Element, changing the designation of the site from "Office/Light Industrial" to "Commercial" and making corresponding textual changes. The Developer has also requested approval of a 10 year Development Agreement between the City of Rosemead and Wal-Mart Real Estate Business Trust which will give Wal-Mart a vested right to develop and construct the project in accordance with the entitlements received from the City pursuant to its discretionary approvals as well as all existing land use regulations and development standards in existence at the time the Development Agreement is approved. C. The City of Rosemead has conducted an extensive environmental review for the Proposed Project which included an EIR prepared by the independent consulting firm of EXHIBIT "C" • Applied Planning, Inc., with technical reports concerning traffic and circulation impacts; air quality, noise, and geotechnical effects; and an economic/market impact analysis, as well as a review of the Proposed Project site's previous environmental documentation. The following is a summary of the City's environmental review:. A Scoping Meeting was held on November 19, 2003, to solicit input from the public on the content of the Draft Environmental Impact Report. This meeting was held at the Doubletree Hotel in Rosemead, and was attended by approximately 300 people. A Notice of Preparation (NOP) and Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies and organizations on December 12, 2003, A total of 12 comment letters were received from state, regional and local agencies, and an additional 29 letters were received from individuals. Copies of those comment letters, along with copies of numerous signatures on "Petition Protesting Wal-Mart" forms, are included in Appendix A of the Draft FIR (under separate cover). Relevant comments received in response to the NOP/Initial Study were incorporated into the Draft EIR. ▪ The Draft EIR was distributed for public review on May 17, 2004, for a 45- day review period with the comment period expiring on July 2, 2004; the FEIR includes response to comments received through July 20,2004, well past the public review period. ▪ A Notice of Completion (NOC) was sent with the Draft EIR to the State Clearinghouse on May 17, 2004. A Notice of Availability of the Draft EIR for public review was mailed to interested parties on May 13, 2004. The Notice of Availability was transmitted to the Los Angeles County Clerk's office for posting on May 17, 2004 and published in the San Gabriel Valley Tribune on May 12, 2004. Comment letters on the Draft EIR were received at the close of the public • comment period. The letters and responses to these comments are included in the Final EIR. Responses to comments were distributed in accordance with CEQA ten (10) days prior to the August 16, 2004. The Planning Commission held a duly noticed and advertised public hearing on August 16, 2004 to consider the Final EIR, the parcel map and conditional use permits and recommendation on the General Plan 2 Amendment and Development Agreement to the City Council along with the staff recommendations on these items, at which time oral and written testimony was considered. Notice of this Planning Commission hearing was provided through publication on August 2, 2004. D. At the close of the public hearing on August 16, 2004, the Planning Commission took the following actions: 1. Adoption of Resolution No. 04-22, certifying the Environmental Impact Report for Tentative Parcel Map 26827 and Conditional Use Permits 02- 882 (mini-mall), 02-883 (gasoline station) and 03-939 (alcohol sales) and recommending that the City Council certify the EIR for the Development Agreement and General Plan Amendment; and 2. Adoption of Resolution No. 04-23, approving tentative parcel map 26827 for the Project Design Alternative for a four lot division and conditional use permits 02-882 (mini-mall), 03-939 (alcohol sales), denying conditional use permit 02-883 (gasoline station), adopting and approving findings, mitigation measures, a statement of overriding considerations and a mitigation monitoring program for the approved actions and recommending that the City Council approve the General Plan Amendment and Development Agreement subject to the same environmental findings. E. On August 17, 2004, Mayor Pro Tern Imperial filed an appeal of the Planning Commission's actions in order that the City Council could decide all matters pertaining to the applications so that there would be uniformity of approvals, disapprovals and/or conditions. F. On August 24, 2004, the City Council continued its regular meeting to September 7, 2004 in order to hear testimony on this matter. G. On August 25, 2004, a public hearing notice was published in the San Gabriel Valley Tribune. H. On September 7, 2004 the City Council held a duly noticed public hearing on this Project at which time it considered all evidence presented, both oral and written. I. Prior to approving this Resolution the City Council: adopted Resolution No. 2004- - 36, certifying the EIR for the Proposed Project; and adopted Resolution No. 2004-37 approving the General Plan Amendment changing the land use designation from Office/Light Industrial to Commercial and making corresponding text changes. 3 SECTION 2. PROJECT DESIGN ALTERNATIVE The City Council hereby finds that as the Project Design Alternative (the "Project"), which is described in the Alternatives section of the EIR is similar, but less intensive than the Proposed Project, the EIR which it certified in Resolution No. 2004-36 is adequate for the Project Design Alternative as well as the Proposed Project. SECTION 3. DENIAL OF APPEAL/ACTION ON PROJECT ENTITLEMENTS Based on all of the testimony and evidence in this matter, including the EIR, the City Council upholds the decision of the Planning Commission that the Project Design Alternative described in the EIR should be approved rather than the Proposed Project as it is more sensitive to surrounding land uses in its design and eliminates concerns that have been raised regarding the gasoline station; references to the "Project" from this point forward shall mean the Project Design Alternative. Based on this, the City Council hereby upholds the following actions taken by the Planning Commission on the requested entitlements: A. Approval of Tentative Parcel Map 26827 for the Project Design Alternative as shown on Exhibit B, allowing for a 4 lot subdivision based on the findings set forth in Section 4 below. B. Approval of Conditional Use Permit # 02-882 for establishment of a mini-mall on Parcel 2 based on the findings set forth in Section 5 below. C. Approval of Conditional Use Permit # 03-939 for the sale of alcoholic beverages in connection with the major tenant general merchandise/grocery store based on the findings set forth in Section 5 below. D. Denial of Conditional Use Permit #02-883 for the establishment of a gasoline station based on the findings set forth in Section 5 below. E. The approvals set forth in this Section 2 are conditioned upon compliance with the Conditions of Approval attached hereto as Exhibit A and development in accordance with the Development Plans shown on Exhibit C and the colored Elevations and Buildings and Materials Board shown on Exhibit D and shall only be effective only upon the effective date of the General Plan Amendment to the Land Use element. SECTION 4. SUBDIVISION FINDINGS In accordance with the Subdivision Map Act and Rosemead Municipal Code section 16.08.130, the City Council hereby readopts the findings made by the Planning Commission with respect to the approval of Tentative Parcel Map. No. 26827: 4 A. The proposed map and the design and improvements of the proposed subdivision are consistent with the general plan land use designation of "Commercial" and are not contrary to any official plan, policy or standards of the City. B. The Project site is physically suited for the proposed type and density of development. The Project site consists of 23.65 acres: Parcel 1 consists of approximately 20.8 acres on which a 230,637 square foot general merchandise/grocery sales use will be built; Parcel 2 consists of approximately .49 acres upon which retail uses will probably be located; Parcel 3 consists of approximately 1.06 acres upon which a restaurant use will probably be located; Parcel 4 consists of 1.3 acres and will be retained by the Southern California Edison. As evidenced by the EIR, the site is physically suited for the Project as approved. Each of the four parcels conforms in area and dimension to the provisions of the zoning and subdivision requirements of the City; the C-3 zone allows for the development of the Project. C. Except as noted in the EIR with relation to Traffic on the 60 freeway, noise and air impacts, the design of the project and the proposed improvements will not: cause any substantial environmental damage; will not injure any fish, wildlife or their habitats; will not be materially detrimental to the public welfare; will not cause serious public health problems. With regard to the areas noted above where there is the possibility of significant environmental damage, the Planning Commission has determined that there are no feasible mitigation measures or alternatives and has made the appropriate findings. All necessary public improvements will be made prior to occupancy of the buildings and the Project has been appropriately conditioned. D. As evidenced by the EIR, the subdivision will not be injurious to the property or improvements in the immediate vicinity of the Project. E. The design of the subdivision and improvements will not conflict with any public easements for access through or use of the property; the Project site is currently undeveloped and does not provide any public access easements. F. To the extent feasible, the design of the Project provides for future passive or natural heating or cooling opportunities; this is provided by landscape planter areas and landscape buffer areas throughout the site that exceed the City's minimum requirements, including a large linear landscaped area along the west property line. Additionally, the Project will be required to comply with Title 13 of the Building Code which requires energy efficient design. G. As evidenced by the EIR, the discharge of waste from the subdivision into the existing sewer system will not result in a violation of existing requirements of the regional water quality control board. 5 H. The subdivision has been required to dedicate right-of-way where necessary for traffic improvements. No dedication of any alleys or driveways is required; however, covenants are required to be recorded to insure that there is adequate access and circulation for vehicular and pedestrian traffic. No other easements or covenants are required for the approval of the map. The Project will take access off of Walnut Grove Avenue and Rush Street, both of which are improved local streets; the Developer has been conditioned to make the necessary improvements to handle the Project prior to occupancy of the Project. To ensure the safety of school children, the subdivision has been required to install a flashing beacon at the school intersection and provide funding for a school crossing guard program at the corner of Rush Street and Delta Avenue for a minimum of 20 years. This facility and program, and the use of the fee to pay for the facility and program, is reasonably related to the needs of the public arising from the development of this Project. SECTION 5. CONDITIONAL USE PERMIT FINDINGS A. Conditional Use Permit 02-882 - Establishment of a Mini-mall on Parcel 2 — In accordance with Section 17.112.030(24) of the Rosemead Municipal Code, the City Council hereby readopts the findings made by the Planning Commission with respect to the approval of the mini-mall on Parcel 2; a CUP is not required for the establishment of the general merchandise/grocery retailer on Parcel 1 or the establishment of a fast food/restaurant use on Parcel 3: 1. The establishment of a mini-mall on Parcel 2 will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons in the neighborhood because the Project has been sufficiently conditioned to prevent such adverse impacts. Furthermore, Section 17.112.030(24) of the Rosemead Municipal Code insures that mini-malls are to be developed in such a way as to operate smoothly and efficiently; the mini- mall will be required to comply with all of the provisions of this section, as well as other applicable provisions of law. 2. The establishment of a mini-mall on Parcel 2 will not be detrimental or injurious-to the property and improvements in the neighborhood. The mini-mall is to be built on part of a 22+ acre parcel that will be subdivided and the overall Project has been designed to minimize impacts to the surrounding residential uses. The mini-mall is part of a larger commercial development, is consistent with the existing zoning of the Project Site and is consistent with the Land Use element of the General Plan as amended and is consistent with those other provisions of the General Plan listed in 6 Section 3.C.1 above. Applicable laws and conditions will insure that the mini-mall is well-maintained. 3. The establishment of a mini-mall of Parcel 2 will not be detrimental or injurious to the general welfare of the City. In fact, establishment of a mini-mall is deemed desirable for the public convenience as it will allow additional retail opportunities to be established in the neighborhood in lieu of the vacant piece of property that currently exists. B. Conditional Use Permit 03-939 - Offsite Alcohol Sales - In accordance with Sections 17.112.030(9) and 17.112.100 of the Rosemead Municipal Code, the City Council hereby readopts the findings made by the Planning Commission with respect to the approval of the sale of alcoholic beverages for off-site consumption, with the exception of finding 5 as there is not an overconcentration of alcohol permits: 1. The sale of alcoholic beverages will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons in the neighborhood because the Project has been sufficiently conditioned to prevent such adverse impacts. Conditions have been imposed including, but not limited to: requiring a security plan, including security guards and patrols of the parking lot; signs prohibiting loitering and drinking alcoholic beverages on the premises; prohibiting the sales of single cans of beverages; and graffiti control. Additionally, the Operator of the major retail tenant will be required to obtain a license from the Department of Alcoholic Beverage Control. The Operator will be required to comply with all of the conditions as violation of the ABC Conditions or of the conditions of the Project approval shall be grounds to revoke the CUP for alcohol sales. Traffic and parking will not be as issue as the design of the Project has been determined to be adequate to handle the vehicular traffic and there will be sufficient parking for the Project. The proximity of the proposed use to residential, schools and playgrounds will not be a problem as the sale of alcoholic beverages is only a minor part of the proposed general merchandise/grocery store and is not a stand-alone alcohol sales use. Additionally, because the sale of alcoholic beverages is only a minor part of the proposed general merchandise/grocery store use, the sale will not cause any additional impacts from the Project. 2. The sale of alcoholic beverages will not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City because sufficient conditions have been placed upon the approval as described above. The sale of alcoholic beverages at the general merchandise /grocery sales use will not lessen the suitability of the outlying pads for commercial development as the sale of beverages at 7 the major tenant would not impact potential restaurant uses; fast-food uses; or other retail stores that may locate on Parcels 2 and 3. 3. The sale of alcoholic beverages is deemed essential or desirable to the public convenience or welfare as it will allow shoppers of the general merchandise/grocery retailer to obtain all of their needs in one location. 4. The sale of alcoholic beverages is in harmony with the various elements or objectives of the general plan because the Project is located within the Medium Commercial zoning district of the City and this approval will only be effective if the General Plan Amendment changing the land use designation to Commercial is approved. The use is in conformity with the General Plan in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. C. Conditional Use Permit 02-882 - Gasoline Station - Section 17.112.030(28(b)) of the Rosemead Municipal Code permits the development of a gas station in the C-3 zone upon the granting of a conditional use permit if the following findings can be made: the establishment, maintenance or operation of the use will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood; the establishment, maintenance or operation of the use will not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City; and the use is deemed essential or desirable to the public convenience or welfare and is in harmony with the various elements or objectives of the general plan. The City Council hereby readopts the findings made by the Planning Commission with regard to the denial of Conditional Use Permit 02-883 as the above findings cannot be made. Specifically, the Planning Commission finds that: 1. The establishment, maintenance and operation of the gas station will be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood due to the proximity of residential and school uses as the gas station could expose persons to health dangers from air pollutants and from dangers if there were to be an explosion; the proximity of the gas station to the No Build Fault Zone increases this concern. Additionally, as evidenced by the EIR, elimination of the gas station will protect the public from benzene contaminants. 2. The establishment, maintenance or operation of the gas station could be injurious to property in the neighborhood if there were to be any type of explosion; the proximity of the gas station to the No Build Fault Zone 8 increases the concern of such explosion. 3. The public convenience and necessity does not require the establishment of a gas station at this location as there are sufficient alternative locations to obtain gasoline in the nearby vicinity. SECTION 6. LOCATION OF RECORD Documents and other material constituting the record of the proceedings upon which the City's decision and its findings are based are located at the City of Rosemead Planning Department, located at 8838 East Valley Boulevard, Rosemead, California 91770, in the custody of Brad Johnson, Director of Planning. On motion by Council Member Imperial , seconded by Council Member Alarcon , the foregoing resolution was passed and adopted this 8th day of September, 2004, by the City Council of the City of Rosemead, California by the following vote: Alarcon, Vasquez, Clark, Imperial, Taylor AYES: NAPES: None ._ ABSTAIN: None ABSENT: None 7n C MARL ET CLARK, MAYOR I hereby certify that the foregoing Resolution No. 2004-38 was duly and regularly adopted by the Rosemead ATTEST: City Council at a'aegular meeting held on the 8th day of September 2004, by the following vote: Yes: Clark, Vasquez, Taylor, Imperial, Alarcon No: None, Absent: None, Abstain: None N NCY V A LDERRAMA CITY CLERK ��///�//'�/� City Clerk 9 EXHIBITS A— Conditions of Approval (as affirmed by the City Council) B —Tentative Parcel Map dated 8/5/04 C — Development Plans dated 07-28-04 D — Colored Elevations and Material Sample Board (presented at September 7, 2004 meeting) to EXHIBIT"A" TENTATIVE PARCEL MAP 26827 CONDITIONAL USE PERMIT 02-882 CONDITIONAL USE PERMIT 03-939 DEVELOPMENT AGREEMENT 04-01 1827 WALNUT GROVE AVENUE (ROSEMEAD COMMERCIAL RETAIL CENTER) CONDITIONS OF APPROVAL AS AFFIRMED BY THE CITY COUNCIL PLANNING CONDITIONS 1. The Site shall be developed and parcelized in accordance with the Tentative Parcel Map for the Project Design Alternative marked Exhibit "D" dated August 05, 2004, the Development Plans (Site Plan, Floor Plans, Elevations, and Landscape Plans) marked Exhibit "E" and submitted colored elevations and color and material sample boards, marked Exhibit "F". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Development Agreement 04-01, Tentative Parcel Map 26827, and Conditional Use Permits 02-882 and 03-939 shall not take effect for any purpose until the Developer has filed with the City of Rosemead an affidavit stating that they are aware of and accept all of the conditions set forth in this list of conditions. 3. The rights granted by Tentative Parcel Map 26827 and Conditional Use Permits 02-882 for the mini-mall and 03-939 for the sale of alcohol shall be exercised within the time set forth in the Development Agreement. 4. The Developer shall comply with all Federal, State and local laws relative to the approved uses including all requirements of the Planning, Building, Engineering, Fire, Sheriff and Health Departments and obtaining all operating permits from State and local agencies prior to issuance of a Certificate of Occupancy. 5. A final certificate of occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s); except for off-site improvements for which bonds are acceptable as approved by the Planning Department. However, a temporary certificate of occupancy may be issued so interior work can be 1 completed. Nothing herein requires all improvements to be built at the same time, nor does it prohibit the phasing of the major tenant anchor store, provided that the landscaping and parking lot improvements are installed with the first phase. 6. The Developer shall develop and implement a Site and Facilities Security Plan which is to be approved by the Sheriffs Department, in its reasonable discretion, prior to the issuance of building permits for Parcel 1. At a minimum the plan shall include private security guards, or other as approved by the Sheriffs Department, parking lot patrols, videotaping of the parking lot with signs informing the public of such, and security cameras inside the major anchor store. 7. The Developer shall obtain a Certificate of Occupancy permit and any applicable City of Rosemead business licenses prior to beginning business operations. The Planning Director may issue a temporary Certificate of Occupancy to allow the store to be set up and stocked prior to opening if all safety conditions have been satisfied. A final Certificate of Occupancy shall be required prior to the store being opened to the public. 8. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees are paid in full for improvements on each parcel as such parcel is developed. 9. The Developer shall be required to complete all of the parking and landscaping on Parcel 1 with the first phase of construction. 10. Prior to issuance of building permits for improvements on each parcel, all school fees shall be paid. The Developer shall provide the City with written verification of compliance from the Garvey School District. 11. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday - Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. 12. Developer and its successors shall be required to meet with staff for a pre- construction meeting prior to the beginning of any site work. 13. City staff shall have access to the subject property during construction hours to monitor progress. 14. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 2 15. Driveways and parking areas shall be surfaced and improved with asphalt cement and thereafter maintained in good serviceable condition. Driveway entrances shall be improved with a decorative, stamped, colored concrete surface, subject to the review and approval of the Planning Director. 16. Sufficient off-street parking shall be provided on-site to meet the requirements of the Rosemead Municipal Code, including parking for persons with disabilities (in accordance with the most current edition of the Americans With Disabilities Act Accessibility Guidelines). 17. A wall and fence plan will be required if any perimeter fencing or walls are proposed. The colors and materials of the proposed fence shall be consistent or compliment the submitted color and material board and first be approved by the Planning Department prior to installation. 18. Prior to issuance of building permits, a detailed landscape and irrigation plan prepared by a licensed landscaped architect shall be submitted to the Planning Department for review and approval for the Parcel being improved; said plan shall reflect the landscape and site plans contained in Exhibit C. a. The plan shall include automatic timers and rain shutoff valves; b. Landscaping irrigation systems shall be designed for high efficiency and irrigation timers programmed for minimized water usage; c. All landscape planters shall be surrounded by 4—6 inch high curbs_ d. A landscape edge treatment of approximately 32 feet shall be provided along the westerly Delta St. project boundary. e. Perimeter landscaping along Walnut Grove Avenue and Rush Street shall continue the landscaping themes of those corridors. f. Additional landscape and hardscape features shall be developed along the Rush Street perimeter to provide additional visual interest and enhancement. 19. All landscaping and irrigation shall be installed and completed prior to final Planning Department approval. Perimeter landscaping shall be installed concurrent with the development of Parcel 1; landscaping on the interior of Parcels 2 and 3 need not be implemented until building permits are taken out for the improvements on each of those parcels. 20. All ground level mechanical/utility equipment (including meters, back flow preservation devices, fire valves, NC condensers, furnaces and other 3 equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right-of- way. The Director of Planning shall approve said screening prior to installation. 21. All loading areas, mechanical equipment and trash disposal areas shall be screened from view with materials approved by the Planning Department. 22. All trash enclosures shall be constructed to City Standards. 23. There shall be no roof mounted equipment extending above the parapet wall of the building. A line of sight analysis to ensure zero visibility of roof top equipment shall be submitted to the Planning Division for review and approval. 24. There shall be no outside storage of shipping containers, other than in screened areas indicated on the approved site plan. All trash and debris shall be contained within a trash enclosure or compactor. 25. There shall be no outdoor sales activity on the site except as allowed by temporary sales as set forth in condition 26 below; no outside vending machines shall be allowed. 26. Except for the outside display and storage of Christmas trees and pumpkins which is a permitted use under the Municipal Code, the outdoor seasonal and/or promotional sales displays shall only be allowed when issued a temporary outdoor sales license by the City (an over-the-counter administrative approval). All requirements of the temporary outdoor sales ordinance shall be followed. . 27. Electronic Shopping Cart wheel locks shall be installed on all carts that are utilized on the site to contain all carts within the perimeter property lines of the shopping center. 28. "No overnight camping" and "No Loitering" signs shall be installed throughout the parking lot area on signs acceptable to the Planning Department. 29. Developer shall post signs stating "possession of open alcoholic beverages on the premises prohibited by law", along sidewalks and parking lots. Size, location and material of signs shall be to the satisfaction of the Planning Department. 30. Conditional Use Permit No. 03-939 is for the issuance of an Off Sale alcohol license for a Type 21 (general alcohol). The appropriate license from the 4 California Alcoholic Beverage Control shall be maintained and all conditions of the ABC license are hereby incorporated as conditions of this CUP approval. Violation of either the conditions of this approval or the ABC conditions shall be grounds for revocation of the CUP approval. 31. A uniform sign plan shall be submitted for review. 32. Any proposed signage must be reviewed and approved by the Planning Division and must comply with City Sign Regulations. 33. Signs shall reflect material and design elements of the project and shall be compatible with the streetscape elements of adjoining areas. 34. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4", contrasting in color and easily visible at driver's level from the street. Materials, colors, location and size of such address numbers shall be approved by the Director of Planning prior to installation. 35. All utilities shall be placed underground including facilities and wires for the supply and distribution of electrical energy, telephone, cable television etc. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 36. Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings. 37. Minor modifications of the approved plans, except for the plans for the mini- mall on Parcel 2, may be approved by the Planning Director. The Rosemead Planning Commission must act on any substantial changes to the approved plans, to any changes of these conditions of approval and to any changes of plans approved for the mini-mall on Parcel 2. 38. The Developer shall pay the required "Document Handling Fee" in order to file the Notice of Determination with the County of Los Angeles. 39. The Developer shall install the type of lights identified in the mitigation monitoring program. Downlit fixtures shall be used to shield light emissions onto adjoining properties. The overall height of the light pole and fixture shall not exceed 24 feet The poles shall be steel, aluminum, or other similar approved material. The style of the poles shall compliment the fixture design. All wall pack fixtures must be cutoff(shielded)fixtures. 40. A lighting plan (photometric plan), addressing parking lot security lighting on- site, shall be submitted in conjunction with the Final Site Plan application for review and approval by the City Planning Department. 5 • 41. A 14-foot high decorative block wall shall be constructed along the northern and western boundary and along the southern boundary to the depth of the truck well with the development of Parcel 1. 42. All mitigation measures set forth in the Mitigation Monitoring Program are incorporated as conditions of approval. Unless otherwise specified, any mitigation measure listed in the EIR which was not included in the Mitigation Monitoring Program shall be deemed to have been included as a mitigation measure as though included in the Mitigation Monitoring Program and incorporated as a condition of approval. In the case of any conflict between the mitigation measures and these conditions, the wording that provides the most protections to the City shall apply. Mitigation Measure 4A.9 is specifically excluded as the CUP for the gasoline station is not approved. 43. Truck deliveries shall not occur between 10 p.m. to 6 a.m. the following day and routing shall be approved by the Planning Department. 44. No portion of the parking lot area shall be used by or sublet for any other business activity not associated with general merchandise/grocery activities. 45. CC&Rs requiring maintenance of the parking lots, landscaped areas and parkway landscaping on parcels 1, 2 and 3 shall be recorded. The CC&Rs shall be submitted for review and approval by the City prior to recordation of the parcel map. These provisions of the CC&Rs may not be amended or deleted without the prior written consent of the City. The City shall be a third party beneficiary to the CC&Rs and shall have the right to enforce these requirements. 46. No access to the site shall be provided from Delta Avenue. 47. Bollards shall be located adjacent to all pedestrian service doors in locations approved by the Building Division in order to prevent vehicles from blocking access. 48. During construction, all roads shall be kept free of nails or other construction debris that may pose a hazard to emergency and other city vehicles. 49. An as-built set of plans shall be submitted upon completion of the project. 50. The walls on the outside of the Project Site shall be coated with graffiti- resistant materials or landscaping treatments such as wall-climbing vines shall be planted to help deter graffiti. Tenants shall be responsible for cleaning graffiti on their buildings within 48 hours of notification of such 6 graffiti; the major tenant shall be responsible for cleaning graffiti on the perimeter walls of the Project Site within this same time period. Complaints regarding graffiti on the perimeter walls or on the major tenants building may be made to the customer service department of the major tenant. 51. Developer shall file a Notice of Intent with the State Regional Water Quality Board. 52. In the event of any administrative, legal or equitable action or other proceeding instituted by any person, entity or organization challenging the validity of the project approvals to which these conditions attach or challenging the sufficiency of any environmental review, the Developer shall cooperate with the City in the defense of any such challenge. Developer agrees that City may, at its sole option, tender the complete defense of any such third party challenge to the Developer, and upon acceptance of such tender by Developer, Developer shall indemnify and hold harmless City against any and all fees and costs arising out of the defense of such challenge and shall control the defense. Should Developer refuse to accept such a tender by the City, City may defend such action or proceeding and if City so defends, Developer shall indemnify and hold City harmless from all attorneys' fees related to such defense. 53. The Developer shall pay for all of the City's costs, including the costs of outside consultants, incurred in working on the CEQA and project entitlement review and shall pay for all costs related to the Mitigation Monitoring Program. Prior to beginning construction, the Developer shall pay all fees incurred to date and shall deposit $10,000 toward the Mitigation Monitoring Program. The City shall keep track of the actual costs of the Mitigation Monitoring Program and in the case of a difference between the deposit and the actual cost, the Developer shall either pay for any additional costs or the City shall refund the difference. 54. Until such time as the grocery store component is opened, the.hours of operation of the major tenant shall be limited to 8 a.m. to 10 p.m., except during Christmas season, in which case the hours of operation may be extended to midnight. At such time as the grocery store component is opened, the major tenant may operate on a 24 hour basis. 55. The parking lot lights shall be dimmed two hours after closing. 56. No single can sales of alcohol shall be allowed; the liquor department shall not be located near an entrance. . 57. All references to the "Developer shall include any successors in interest. 7 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. 8 CITY ENGINEER'S CONDITIONS OF APPROVAL 1. Details shown on the tentative map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City Engineer's policies must be specifically approved in the final map or improvement plan approvals. 2. A final parcel map prepared by or under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor, must be processed through the City Engineer's office prior to being filed with the County Recorder. 3. A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the final parcel map is released for filing with the County Recorder. 4. Monumentation of parcel map boundaries, street centerline and lot boundaries is required for a map based on a field survey. Final parcel map shall be filed with the County Recorder and one (1) mylar copy of filed map shall be submitted to the City Engineer's office. Prior to the release of the final map by the City, a refundable deposit in the amount of$1,000 shall be submitted by the developer to the City, which will be refunded upon receipt of the mylar copy of the filed map. Unless superseded by the provisions of the Development Agreement, the developer shall comply with all requirements of the Subdivision Map Act. 7. Developer shall obtain a public works permit for all work in or adjacent to the public right-of-way. 8. Developer shall install and complete all necessary public improvements, including but not limited to street, curbs, gutters, sidewalks, handicap ramps, and storm drains, along the entire street frontage of the development site as required by the City Engineer. 9. appropriate right-of-way or easements to accommodate a improvem nts adjacent to ndon the project site, f applicable. 10. A precise grading and drainage plan, prepared by a civil engineer registered in the State of California, shall be submitted to the Building Department for approval prior to the issuance of building permits, which shall conform to all requirements of the City of Rosemead Grading Ordinances. The grading plan shall include, but not be limited to: 9 a. Prior to the recordation of the final map, grading and drainage plans must be approved to provide for contributory drainage from adjoining properties as approved by the City Engineer, including dedication of the necessary easements. b. The grading and drainage plan must provide for each lot having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. C. Historical or existing storm water flow from adjacent lots must be received and directed by gravity to the street, a public drainage facility, or an approved drainage easement. d. The proposed drainage system shall be constructed and connected to the existing storm drain in Walnut Grove Avenue. Developer shall process the storm drain plans through Los Angeles County Department of Public Works. a Surface water generated from each lot shall not drain over the sidewalk or driveway into the gutter on Delta Avenue, Rush Street and Walnut Grove Avenue. f. Developer must comply with the City's storm water ordinance and SUSMP requirements. 11. For parcels 1, 2 and 3 only, Developer shall prepare and record a covenant, subject to City Engineer's approval, to allow cross lot drainage. 12. For parcels 1, 2 and 3 only, Developer shall prepare and record a covenant, subject to City Engineer's approval, for ingress and egress, utility and drainage easement, fire lane, to the extent not provided on the parcel map, and maintenance of the private driveways. 13. Developer shall prepare and record a covenant, subject to City Engineer's approval, for reciprocal vehicular and pedestrian access between parcels 1, 2 and 3. 14. Roadways shall be improved as required by the City Engineer. 15. The final layout and site driveway design shall be subject to the review and approval of the City Engineer. 16. New drive approaches shall be constructed at least 5' from any above-ground 10 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 11 right-turn and left-turn exit lanes shall be provided. The left turn exiting lane at this location shall be a minimum of 100 feet in length. 27. A median break with a minimum 225-foot recessed left-turn bay shall be provided for NB Walnut Grove at the north Walnut Grove driveway access. 28. The customer entrance on Rush Street shall be signalized in conjunction with the construction of the initial phase of the proposed commercial center and provide separate right-turn and left-turn lanes for vehicles leaving the site. At the construction stage, the developer shall provide signal timing plans and interconnect the closely adjoining signalized intersections to provide adequate coordination. 29. The existing EB left-turn bay on Rush Street at Walnut Grove shall be lengthened to a minimum of 325 feet. 30. A left-turn bay shall be provided at the median openings for the customer access on Rush Avenue. 31. There shall be no delivery truck driveway on Rush Street; delivery trucks shall take access off of Walnut Grove Avenue. 32. The developer shall install all street name signs, stop signs, and all other miscellaneous signage as deemed necessary by the City Engineer, regardless of whether such signs are shown on the street improvement plans. All signs must be installed to City of Rosemead, County and/or Caltrans standards, as applicable, prior to utility clearances and occupancy certification of the first development phase. 33. The developer shall be responsible for installing or repairing all centerline striping, traffic legends, raised reflective pavement markers and other traffic delineation required by the City Engineer, including signal loops damaged or required to be installed as a requirement of the project. 34. All on-site parking and circulation areas shall be paved as required by a pavement engineering or geotechnical report prepared by a civil engineer, subject to review and approval of the City Engineer. 35. Developer shall construct handicapped access ramps per City standards at the corners of Walnut Grove Avenue and Rush Street, and Rush Street and Delta Avenue. 36. Vehicle storage space in all left-turn bays associated with site access points and the adjacent intersection shall be provided to the satisfaction of the City Engineer. 12 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. 13 48. The water mains shall be of sufficient size to accommodate the total domestic and fire flow required for the land division. Domestic flows required are to be determined by the City Engineer. Fire flows required are to be determined by the Fire Chief 49. Plans and specifications for the water system facilities shall be submitted for approval to the water company serving this land division. The subdivider shall submit an agreement and other evidence, satisfactory to the City Engineer, indicating that the subdivider has entered into a contract with the servicing water purveyor guaranteeing payment and installation of the water improvements. 50. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider compliance with the Fire Chiefs fire flow requirements. 51. My fast food restaurants proposed with drive-through facilities shall be designed to provide safe on-site traffic circulation which does not conflict with entering or exiting traffic to the site, on-site parking or pedestrian movements. Sufficient reservoir space shall be provided to store four vehicles between the order board and the pick-up window (not including the car at the order point or the car at the pick-up window). Storage for at least four vehicles shall also be provided in advance of the menu board. 52. If any oil, gas or injection wells are discovered within the Project Boundaries, the Developer shall notify the Department of Conservation (Cypress office) and comply with any necessary closure/remedial actions required by DOC. 53. Sidewalks shall be installed on the easterly side of Delta immediately adjacent to the street frontage of the Project site; Delta shall be fully improved to City standards to the satisfaction of the City Engineer. 14 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 15 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 16 IL Additional hydrants shall be required if hydrant spacing exceeds specified distances; c. Turning radii shall be not less than 32 feet; d. A Fire Department approved turning area shall be provided for all driveways exceeding 150 feet in length; all on-site driveways shall provide a minimum unobstructed width of 28 feet, clear-to-sky. The on-site driveway is to be within 150 feet of all portions of the exterior walls of the first story of any building. 14. Specific fire and life safety requirement for the construction phase will be imposed during building fire plan check. 15. All buildings shall be accessible to Fire Department apparatus by way of access roadways, with an all weather surface of not less than the width prescribed by the Fire Department, unobstructed, clear-to-sky. The roadway shall be extended to within 150 feet of all portions of the exterior walls when measured by an unobstructed route around the exterior of the building. 16. Fire sprinklers shall be required in all buildings. 17