CC - Item 4B - Public Hearing On Modification 17-07, A City Initiated Request To Eliminate Condition Of Approval Number 59 From The Conditions Of Approval Of Modification 16-02 (Walmart) S E M e
go I, 9
° ROSEMEAD CITY COUNCIL
,? STAFF REPORT
_______„;
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER, +,
DATE: OCTOBER 24, 2017
SUBJECT: PUBLIC HEARING ON MODIFICATION 17-07, A CITY INITIATED
REQUEST TO ELIMINATE CONDITION OF APPROVAL NUMBER 59
FROM THE CONDITIONS OF APPROVAL OF MODIFICATION 16-02
(WALMART)
SUMMARY
The City is initiating a request to modify the conditions of approval for Modification 16-02 by
eliminating Condition of Approval Number 59. On April 25, 2017, the City Council adopted
Resolution 2017-08 and approved Modification 16-02, which modified Condition of Approval
Number 59 of Development Agreement 04-01, Tentative Parcel Map 26827, and Conditional
Use Permits 02-882 and 03-939. The modification amended the requirements of the annual
Planning Commission review of Walmart's compliance with the conditions of approval to
requiring Planning Division staff to conduct a quarterly meeting with Walmart and neighboring
residents within a 300-foot radius. The City Council staff report, resolution, and meeting
minutes are included in this report as Attachments "B", "C", and "D".
DISCUSSION
The City hosted the first quarterly meeting on May 31, 2017. On May 4, 2017, a letter was
mailed to 166 neighboring residents within a 300-foot radius of Walmart, notifying them of the
meeting date, time, and location. A total of 11 people attended the first quarterly meeting. This
included four Walmart staff, six City staff (from the Community Development Department,
Public Safety Department, and Public Works Department), and one resident. During the
meeting, the resident raised past concerns, specifically during construction. Two current issues
relating to shopping carts along Delta Avenue and noise issues from the solar inverter were
raised. Walmart staff had given the resident their contact information and promised to correct
the cart issue. Although the noise level is not in violation of the Rosemead Municipal Code,
Walmart's Attorney indicated that they are working on possibly relocating the solar inverter.
A second quarterly meeting was held on August 30, 2017. On August 3, 2017, a letter was
mailed to 166 neighboring residents within a 300-foot radius of Walmart, notifying them of the
meeting date, time, and locations. A total of 11 people attended the second quarterly meeting.
ITEM NUMBER: Yoe
City Council Meeting
October 24,2017
Page 2 of 3
This included four Walmart staff, five City staff (from the Administration Department,
Community Development Department, Public Safety Department, and Public Works
Department), and two residents. The only current issue related to Walmart was the dead
landscaping along Delta Avenue. Other issues discussed at the meeting dealt with the increase in
homelessness, vehicle noise along Delta Avenue, police activity in the area, and people leaving
trash from McDonald's on Delta Avenue. Although these four issues are not associated with
Walmart operations, Walmart's Store Manager, Kenney Tran, indicated that he will speak to the
McDonald's Manager regarding the clean-up of trash along Delta Avenue. Towards the end of
the meeting, one resident commended the City for installing brighter streetlights on Rush Street
and the reduction of delivery trucks passing through on Rush Street.
On August 31, 2017, Mayor Pro Tern Ly requested that this item be brought back to the City
Council for the elimination of Condition of Approval Number 59. The initiative is based on the
number of residents in attendance and issues raised at the two quarterly meetings on May 31,
2017, and August 30, 2017.
STAFF RECOMMENDATION
That the City Council adopt Resolution No. 2017-31, with findings (Attachment "A") and
approve Modification 17-07.
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
Walmart 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 17-07
is exempt from CEQA,pursuant to Section 15061(b)(3)of the CEQA guidelines.
MUNICIPAL CODE REQUIREMENTS
Modification 16-02 was approved by the City Council on April 25, 2017, subject to conditions of
approval outlined in Resolution 2017-08. Rosemead Municipal Code Section 17.120.110(C) sets
regulations on changes approved by original review authority. A proposed change may only be
approved by the original review authority for the project through a modification permit
application filed and processed.
Since the store begun operations in 2006, Walmart has implemented all the conditions of
approval. Walmart has also demonstrated a good effort to satisfy all conditions of approval over
the last few years. For this reason, on April 25, 2017, the City Council adopted Resolution 2017-
08, and approved Modification 16-02, which modified Condition of Approval Number 59 of
City Council Meeting
October 24,2017
Page 3 of 3
Development Agreement 04-01, Tentative Parcel Map 26827, and Conditional Use Permits 02-
882 and 03-939. The modification amended the requirements of the annual Planning
Commission review of Walmart's compliance with the conditions of approval to requiring
Planning Division staff to conduct a quarterly meeting with Walmart and neighboring residents
within a 300-foot radius.
Two quarterly meetings were held on May 31, 2017, and August 30, 2017. Due to the number of
residents in attendance and the issues raised, Mayor Pro Tern Ly initiated the request to eliminate
Condition of Approval Number 59. By eliminating Condition of Approval Number 59, all the
conditions of approval for Modification 16-02 will remain fully enforceable. In addition, it is
evident that most of Walmart's original conditions of approval are related to the initial
construction phase. For these reasons, City Staff is responding to Mayor Pro Tern Ly's request
from August 31, 2017, by proposing this modification to eliminate Condition of Approval
Number 59.
FISCAL IMPACT - None
STRATEGIC PLAN IMPACT -None
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-five (165) property owners, publication in
the newspaper on October 14, 2017, and postings of the notice at the six (6) public locations and
on the subject site.
Prepared by:
to
Lily T. Valenzuela, Interim Community Development Director
Attachment A: Resolution No. 2017-31 with Exhibit"A" (Conditions of Approval)
Attachment B: City Council Staff Report dated April 25, 2017
Attachment C: City Council Resolution 2017-08
Attachment D: City Council Meeting Minutes dated April 25, 2017
1141 °M F
CIVIC PRIDE
.N �
C°°FORAYED 159
Attachment A
Resolution No. 2017-31 with Exhibit "A"
(Conditions of Approval)
RESOLUTION NO. 2017-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, APPROVING MODIFICATION 17-07 TO
ELIMINATE CONDITION OF APPROVAL NUMBER 59 FROM THE
CONDITIONS OF APPROVAL OF MODIFICATION 16-02. THE
SUBJECT SITE IS LOCATED AT 1827 WALNUT GROVE AVENUE IN A
C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5279-033-001)
WHEREAS, on August 31, 2017, the City of Rosemead initiated Modification 17-07 to
modify the conditions of approval for Modification 16-02. The modification would eliminate
Condition of Approval Number 59, which currently requires Planning Division staff to conduct a
quarterly meeting with Walmart and neighboring residents within a 300-foot radius; and
WHEREAS, 1827 Walnut Grove Avenue is located in the C-3 (Medium Commercial)
zone; and
WHEREAS, Rosemead Municipal Code Section 17.120.110(C) sets regulations on
changes approved by original review authority. A proposed change may only be approved by the
original review authority for the project through a modification permit application filed and
processed. While the City Council ultimately approved the Walmart project, the Planning
Commission was the original review authority and Condition of Approval Number 37 requires the
Commission to approve changes to the conditions of approval; and
WHEREAS, on October 12, 2017, one hundred sixty-five (165) notices were sent to
property owners within a 300-foot radius from the subject property, the notice was published in
the Rosemead Reader, and notices were posted in six (6) public locations and on site, specifying
the availability of the application, and the date, time, and location of the public hearing for
Modification 17-07; and
WHEREAS, on October 24, 2017, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Modification 17-07; and
NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve as
follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that Modification
17-07 is exempt pursuant to Section 15061(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 CITY COUNCIL HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Modification 17-07 according to the criteria of Section
17.120.110(C)of the Rosemead Municipal Code as follows:
A. Modification 16-02 was approved by the City Council on April 25, 2017, subject to
conditions of approval outlined in Resolution 2017-08. Rosemead Municipal Code Section
17.120.110(C) sets regulations on changes approved by original review authority. A proposed
change may only be approved by the original review authority for the project through a
modification permit application filed and processed.
FINDING: Since the store begun operations in 2006, Walmart has implemented all the
conditions of approval. Walmart has also demonstrated a good effort to satisfy all conditions of
approval over the last few years. For this reason, on April 25, 2017, the City Council adopted
Resolution 2017-08, and approved Modification 16-02, which modified Condition of Approval
Number 59 of Development Agreement 04-01,Tentative Parcel Map 26827,and Conditional Use
Permits 02-882 and 03-939. The modification amended the requirements of the annual Planning
Commission review of Walmart's compliance with the conditions of approval to requiring
Planning Division staff to conduct a quarterly meeting with Walmart and neighboring residents
within a 300-foot radius.
Two quarterly meetings were held on May 31, 2017, and August 30, 2017. Due to the
number of resident attendance and the issues raised, Mayor Pro Tem Ly initiated the request to
eliminate Condition of Approval Number 59. By eliminating Condition of Approval Number 59,
all the conditions of approval for Modification 16-02 will still remain fully enforceable. In
addition, it is evident that most of Walmart's original conditions of approval are related to the
initial construction phase. For these reasons, City Staff is responding to Mayor Pro Tern Ly's
request from August 31, 2017,by proposing this modification to eliminate Condition of Approval
Number 59.
SECTION 3. The City Council HEREBY APPROVES Modification 17-07 to eliminate
Condition of Approval Number 59, which currently requires Planning Division staff to conduct a
quarterly meeting with Walmart and neighboring residents within a 300-foot radius.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and hereafter
the same shall be in full force and effect.
PASSED, APPROVED,AND ADOPTED this 24th day of October, 2017.
Polly Low, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Marc Donohue, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing City Council Resolution, No. 2017-31, was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the 24th day of
October, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Marc Donohue, City Clerk
MODIFICATION 17-07
(ORIGINALLY MODIFICATION 16-02)
1827 WALNUT GROVE AVENUE
(APN: 5279-033-001)
CONDITIONS OF APPROVAL
October 24, 2017
PLANNING CONDITIONS OF APPROVAL
1. The site shall be developed and parcelized in accordance with the Tentative Parcel Map for the
Project Design Alternative marked Exhibit"D"dated August 05,2004,the Development Plans
(Site Plan, Floor Plans, Elevations, and Landscape Plans) marked Exhibit "E" and submitted
colored elevations and color and material sample boards, marked Exhibit"F'. Any revisions
to the approved plans must be resubmitted for review and approval by the Planning
Department.
2. Approval of Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939 shall
not take effect for any purpose until the Developer has filed with the City of Rosemead an
affidavit stating that they are aware of and accept all of the conditions set forth in this list of
conditions.
3. The rights granted by Tentative Parcel Map 26827 and Conditional Use Permits 02-882 for the
mini-mall and 03-939 for the sale of alcohol shall be exercised within two years. The applicant
shall make progress towards initiation of the proposed uses or request an extension within 30
days prior to the expiration from the Planning Commission, otherwise these approvals shall
become null and void.
4. The Developer shall comply with all Federal,State and local laws relative to the approved uses
including all requirements of the Planning, Building, Engineering, Fire, Sheriff and Health
Departments and obtaining all operating permits from State and local agencies prior to issuance
of a Certificate of Occupancy.
5. A final certificate of occupancy will not be granted until all improvements required by this
approval have been completed, inspected, and approved by the appropriate department(s);
except for off-site improvements for which bonds are acceptable as approved by the Planning
Department. 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 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
1II
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 If
Planning Director.
16. Sufficient off-street parking shall be provided on-site to meet the requirements of the
Rosemead Municipal Code,including parking for persons with disabilities(in accordance with
the most current edition of the Americans with Disabilities Act Accessibility Guidelines).
17. A wall and fence plan will be required if any perimeter fencing or walls are proposed. The
colors and materials of the proposed fence shall be consistent or compliment the submitted
color and material board and first be approved by the Planning Department prior to installation.
18. Prior to issuance of building permits, a detailed landscape and irrigation plan prepared by a
licensed landscaped architect shall be submitted to the Planning Department for review and
approval for the Parcel being improved; said plan shall reflect the landscape and site plans
contained in Exhibit E.
a. The plan shall include automatic timers and rain shutoff valves;
b. Landscaping irrigation systems shall be designed for high efficiency and irrigation timers
programmed for minimized water usage;
c. All landscape planters shall be surrounded by 4—6 inch high curbs;
d. A landscape edge treatment of approximately 32 feet shall be provided along the westerly
Delta St. project boundary;
e. Perimeter landscaping along Walnut Grove Avenue and Rush Street shall continue the
landscaping themes of those corridors;
f. Additional landscape and hardscape features shall be developed along the Rush Street
perimeter to provide additional visual interest and enhancement.
19. All landscaping and irrigation shall be installed and completed prior to final Planning
Department approval. Perimeter landscaping shall be installed concurrent with the
development of Parcel 1; landscaping on the interior of Parcels 2 and 3 need not be
implemented until building permits are taken out for the improvements on each of those
parcels.
20. All ground level mechanical/utility equipment (including meters, back flow preservation
devices,fire valves,A/C condensers,furnaces and other 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 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.
1
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. 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 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 cart storage area in front of the stores shall be fully screened from view.
-6&-59. No guns,handguns,rifles,or other types of firearms or ammunition shall be sold from any
business on the Project Site.
CITY ENGINEER'S CONDITIONS OF APPROVAL
1. Details shown on the tentative map 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.
5. Final parcel map shall be filed with the County Recorder and one(1)mylar copy of filed map
shall be submitted to the City Engineer's office. Prior to the release of the final map by the
City, a refundable deposit in the amount of$1,000 shall be submitted by the developer to the
City, which will be refunded upon receipt of the mylar copy of the filed map.
6. The developer shall comply with all requirements of the Subdivision Map Act.
7. Developer shall obtain a public works permit for all work in or adjacent to the public
right-of-way.
8. Developer shall install and complete all necessary public improvements, including but not
limited to street,curbs, gutters, sidewalks,handicap ramps, and storm drains,along the entire
street frontage of the development site as required by the City Engineer.
9. The project proponent shall dedicate appropriate right-of-way or easements to accommodate
improvements adjacent to and on the project site, if applicable.
10. A precise grading and drainage plan, prepared by a civil engineer registered in the State of
California, shall be submitted to the Building Department for approval prior to the issuance
of building permits,which shall conform to all requirements of the City of Rosemead Grading
Ordinances. The grading plan shall include,but not be limited to:
a. Prior to the recordation of the final map, grading and drainage plans must be
approved to provide for contributory drainage from adjoining properties as
approved by the City Engineer, including dedication of the necessary easements.
b. The grading and drainage plan must provide for each lot having an independent
drainage system to the public street,to a public drainage facility,or by means of an
approved drainage easement.
c. Historical or existing storm water flow from adjacent lots must be received and
directed by gravity to the street, a public drainage facility,or an approved drainage
easement.
d. The proposed drainage system shall be constructed and connected to the existing
storm drain in Walnut Grove Avenue. Developer shall process the storm drain
plans through Los Angeles County Department of Public Works.
e. Surface water generated from each lot shall not drain over the sidewalk or driveway
into the gutter on Delta Avenue, Rush Street and Walnut Grove Avenue.
f. Developer must comply with the City's storm water ordinance and SUSMP
requirements.
11. For parcels 1, 2 and 3 only, Developer shall prepare and record a covenant, subject to City
Engineer's approval, to allow cross lot drainage.
12. For parcels 1, 2 and 3 only, Developer shall prepare and record a covenant, subject to City
Engineer's approval, for ingress and egress, utility and drainage easement, fire lane, to the
extent not provided on the parcel map, and maintenance of the private driveways.
13. Developer shall prepare and record a covenant, subject to City Engineer's approval, for
reciprocal vehicular and pedestrian access between parcels 1, 2 and 3.
14. Roadways shall be improved as required by the City Engineer.
15. The final layout and site driveway design shall be subject to the review and approval of the
City Engineer.
16. New drive approaches shall be constructed at least 5' from any above-ground obstructions in
the public right-of-way to the top of"x"or the obstruction shall be relocated.
17. Drive approaches shall be at least 20' wide.
18. Clear unobstructed sight distances shall be provided at all unsignalized site driveways.
19. Clear visibility of pedestrians approaching on-site intersection crosswalks shall be provided;
signage and other objects shall not obstruct clear views between drivers and pedestrians.
20. The project proponent shall coordinate with the City of Rosemead and the County Fire
Department during the development review process to ensure the adequacy of the proposed:
(1) driveway vertical profiles, to ensure a smooth transition between the roadway and the
driveway change in grade, (2) designation of the curb at the building face as a fire lane, to
ensure that emergency vehicles have access to all building faces, and (3) the internal
circulation system relative to emergency access.
21. The project proponent shall comply with the requirements of the applicable transportation
agencies regarding the public transit facilities required on or off-site, as set forth by the City
Engineer.
22. Damaged curb, gutter and sidewalk along Delta Avenue, Rush Street and Walnut Grove
Avenue shall be reconstructed.
23. Developer shall construct handicapped access ramps at all on-site intersections and site
driveways.
24. Developer shall modify the existing traffic signal at the intersection of Walnut Grove Avenue
and Rush Street to include north/south left-turn phasing in conjunction with the proposed
development. Pedestrian crossing improvements at this intersection shall be provided to the
satisfaction of the City.
25. The north site access on Walnut Grove shall be signalized in conjunction with the construction
of the initial phase of the proposed commercial center. At the construction stage, the
developer shall provide signal timing plans and interconnect the closely adjoining signalized
intersections to provide adequate coordination. Pedestrian crossing improvements at this
intersection shall 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 required by the City
Engineer, including signal loops damaged or required to be installed as a requirement of the
project.
34. All on-site parking and circulation areas shall be paved as required by a pavement engineering
or geotechnical report prepared by a civil engineer, subject to review and approval of the City
Engineer.
35. Developer shall construct handicapped access ramps per City standards at the corners of
Walnut Grove Avenue and Rush Street, and Rush Street and Delta Avenue.
36. Vehicle storage space in all left-turn bays associated with site access points and the adjacent
intersection shall be provided to the satisfaction of the City Engineer.
37. The site design shall provide the facilities necessary to safely integrate alternate transportation
modes such as bicycle usage,pedestrian access,and transit operations into the site access and
circulation system on-site and minimize the area where vehicle conflicts with bicyclists and
pedestrians can occur.
38. Bicycle rack(s)shall be installed pursuant to Chapter 12.32 of the Rosemead Municipal Code.
39. Left-turn site egress shall be prohibited at the proposed southern site access on Walnut Grove
Avenue.
40. Street trees sized at a minimum of 24 inch boxed, shall be installed within the setback areas
adjacent to the parkway of all streets. The type, size and location of the street trees shall be
approved and inspected prior to planting by the City Engineer.
41. Prior to issuance of a certificate of occupancy for Phase 1 Improvements, Developer shall
deposit an amount determined by the City Engineer for the costs of installing a flashing
beacon at school crossing and funding a school crossing guard program at the corner of Rush
Street and Delta Avenue for a minimum of 20 years.
42. The Walnut Grove Avenue entry shall be 58 feet, providing four (4) 12-foot lanes, two
inbound and two outbound, and a 10-foot wide landscaped median.
43. Approval of this land division is contingent upon the installation of local 8-inch (minimum)
main line public sewer within a dedicated(10 feet minimum) easement to the City. Separate
house laterals shall be constructed to serve each lot of the land division.
44. The developer shall send a print of the sewer plans to the City and to the Los Angeles County
Department of Public Works for review. Approval must be assured prior to filing this land
division map.
45. The developer shall consult the City Engineer to determine the sewer location and design
requirements.
46. Any utilities that 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 Chiefs fire flow
requirements.
51. Any fast food restaurants proposed with drive-through facilities shall be designed to provide
safe on-site traffic circulation which does not conflict with entering or exiting traffic to the
site,on-site parking or pedestrian movements. Sufficient reservoir space shall be provided to
store four vehicles between the order board and the pick-up window (not including the car at
the order point or the car at the pick-up window). Storage for at least four vehicles shall also
be provided in advance of the menu board.
52. If any oil, gas or injection wells are discovered within the Project Boundaries,the Developer
shall notify the Department of Conservation(Cypress office)and comply with any necessary
closure/remedial actions required by DOC.
53. Sidewalks shall be installed on the easterly side of Delta immediately adjacent to the street
frontage of the Project site; Delta shall be fully improved to City standards to the satisfaction
of the City Engineer.
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.
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 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.
E M
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CIVIC FRIDF
1irt°7
/*()0PORATEO 1 9 bq
Attachment B
City Council Staff Report dated April 25, 2017
�.l 41, F(re 1
re ° ROSEMEAD CITY.COUNCIL
STAFF REPORT _
'�
siwoRATED i°
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R.MANLS,CITY MANAGER 4.-`1N
DATE: APRIL 25,2017
SUBJECT: CONTINUED PUBLIC HEARING ON MODIFICATION 16-02, A CITY
INITIATED REQUEST 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
(WALMART) .
SUMMARY
At the Planning Commission meeting on December 19, 2016, the City initiated 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. After hearing all testimony, the Planning
Commission denied Modification 16-02. The Planning Commission staff,report and meeting
minutes are included in this report as Attachments"B"and"C".
At the end of the public hearing for this item, Council Member Ly distributed a letter (attached
as Exhibit"D")which states that the discourse and final action of the Planning Commission does
not account for important considerations and precedence. For this reason,he requested that this
item be reviewed by the City Council at the next City Council meeting. Since the Planning
Commission did not adopt a resolution to deny Modification 16-02 on December 19, 2016, staff
was unable to schedule a public hearing before the City Council.
On January 18, 2017, Council Member Ly requested that this item be brought back to the
Planning Commission for reconsideration on February 6,2017. The Planning Commission heard
all testimony and again denied Modification 16-02. The Planning Commission staff report and
draft meeting minutes for this item are included in this report as Attachments "E" and "F". For
this reason,this item was scheduled for the City Council meeting on February 28,2017.
On February 28,2017,. the City Council held the duly noticed and advertised public hearing and
heard all testimony. At the request of Council Member Clark, who was unable to attend the
ITEM NO.&A
City Council Meeting
April 25,2017
Page 2 of 3
meeting, the City Council continued the public hearing to the meeting of April 25, 2017. The
City Council staff report and meeting minutes are included in this report as Attachments"G"and
«H»
STAFF RECOMMENDATION
That the City Council adopt Resolution No. 2017-08 with findings (Attachment "A") and
approve Modification 16-02.
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
Walmart 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.
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. Rosemead Municipal Code Section 17.120.110(C)
sets regulations on changes approved by original review authority. A proposed change may only
be approved by the original review authority for the project through a modification permit
application filed and processed. While the City Council ultimately approved the Walmart
project, the Planning Commission was the original review authority and Condition of Approval
Number 37 requires the Commission to approve changes to the conditions of approval.
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 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,
Walmart 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.
FISCAL IMPACT-None
STRATEGIC PLAN IMPACT—None
City Council Meeting
April 25,2017
Page 3 of 3
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-seven (167)property owners,publication
in the Rosemead Reader on February 16, 2017, and postings of the notice at the six (6) public
locations and on the subject site.
Prepared by: Submitted by:
0i4 ft, lui\kullL` ,
Lil•. Valenzuela Michelle Ramirez
City Planner Community Developme irector
Attachment A: Resolution No. 2017-08
Attachment B: Planning Commission Staff Report dated December 19,2016
Attachment C: Planning Commission Meeting Minutes dated December 19,2016
Attachment D: Letter from Council Member Ly dated August 19, 2016
Attachment E: Planning Commission Staff Report dated February 6,2017
Attachment F: Planning Commission Meeting Minutes dated February 6,2017
Attachment G: City Council Staff Report dated February 28, 2017
Attachment H: City Council Meeting Minutes dated February 28,2017
1
E M F
Ais
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CIVIC PRIDE
NilhL-_,It--07
CoRPORATED 1019
Attachment C
City Council Resolution 2017-08
RESOLUTION NO. 2017-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, APPROVING MODIFICATION 16-02 TO
MODIFY 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 modify Condition of Approval Number 59,
which currently requires the annual Planning Commission review of Walmart'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 Walmart project, the Planning
Commission was the original review authority and Condition of Approval Number 37 requires
the Commission to approve changes to the conditions of approval;and
WHEREAS, on 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, on December 19, 2016, the Planning Commission sufficiently considered
all testimony and DENIED Modification 16-02.
WHEREAS, on January 18, 2017, Council Member Ly verbally requested that
Modification 16-02 be reconsidered by the Planning Commission at the Planning Commission
meeting on February 6,2017; and
WHEREAS, on January 26, 2017, 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 the
reconsideration of Modification 16-02;and
WHEREAS, on February 6, 2017. the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to the reconsideration of
Modification 16-02; and
WHEREAS, on February 6, 2017, the Planning Commission sufficiently considered all
testimony and DENIED Modification 16-02.
WHEREAS, on February 16. 2017, one hundred sixty-seven (167) 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 the
Request of Review of Modification 16-02:and
WHEREAS, on February 28, 2017, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to the Request of Review of
Modification 16-02 and continued the public hearing to April 25,2017; and
WHEREAS, on April 25, 2017, the City Council resumed the duly noticed and
advertised public hearing to receive oral and written testimony relative to the Request of Review
of Modification 16-02; and
NOW, THEREFORE,the City Council of the City of Rosemead does hereby resolve as
follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that Modification
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 CITY COUNCIL HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Modification 16-02 according to 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 modifying 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, staff will conduct quarterly community meetings with Walmart
and neighborhood residents to ensure Walmart is in compliance with all issues.
SECTION 3. The City Council HEREBY APPROVES Modification 16-02 to modify
Condition of Approval Number 59, which currently requires the annual Planning Commission
review of Walmart's compliance with the conditions of approval.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and hereafter
the same shall be in full force and effect.
PASSED,APPROVED,AND ADOPTED this 25th day of April, 2017.
7
-216,-----
Polly Low;,Mator
APPROVED AS TO FORM: ATTEST:
' - -----) ' V------'------ / ///- '..°1‘ 111.
Rachel Richman. City Attorney Marc Donohue,City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing City Council Resolution, No. 2017-08, was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the 25th day of
April,2017,by the following vote,to wit:
AYES: ALARCON, ARMENTA, LY
NOES: CLARK, LOW
ABSENT: NONE
ABSTAIN: NONE /
Marc Donohue, City Clerk
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: 5279-033-001)
CONDITIONS OF APPROVAL
April 25, 2017
PLANNING CONDITIONS OF APPROVAL
1. The site shall be developed and parcelized in accordance with the Tentative Parcel Map for
the Project Design Alternative marked Exhibit "D"dated August 05, 2004, the Development
Plans (Site Plan, Floor Plans, Elevations, and Landscape Plans) marked Exhibit "E" and
submitted colored elevations and color and material sample boards, marked Exhibit '`F".
Any revisions to the approved plans must be resubmitted for review and approval by the
Planning Department.
2. Approval of Tentative Parcel Map 26827 and Conditional Use Permits 02-882 and 03-939
shall not take effect for any purpose until the Developer has filed with the City of Rosemead
an affidavit stating that they are aware of and accept all of the conditions set forth in this list
of conditions.
3. The rights granted by Tentative Parcel Map 26827 and Conditional Use Permits 02-882 for
the mini-mall and 03-939 for the sale of alcohol shall be exercised within two years. The
applicant shall make progress towards initiation of the proposed uses or request an extension
within 30 days prior to the expiration from the Planning Commission, otherwise these
approvals shall become null and void.
4. The Developer shall comply with all Federal, State and local laws relative to the approved
uses including all requirements of the Planning, Building, Engineering, Fire, Sheriff and
Health Departments and obtaining all operating permits from State and local agencies prior
to issuance of a Certificate of Occupancy.
5. A final certificate of occupancy will not be granted until all improvements required by this
approval have been completed, inspected, and approved by the appropriate department(s):
except for off-site improvements for which bonds are acceptable as approved by the Planning
Department. 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 Sheriff's 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.
9. The Developer shall be required to complete all of the parking and landscaping on Parcel 1
with the first phase of construction.
10. Prior to issuance of building permits for improvements on each parcel, all school fees shall
be paid. The Developer shall provide the City with written verification of compliance from
the Garvey School District.
11. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday - Saturday. No
construction shall take place on Sundays or on any legal holidays without prior approval by
the City.
12. Developer and its successors shall be required to meet with staff for a pre-construction
meeting prior to the beginning of any site work.
13. City staff shall have access to the subject property during construction hours to monitor
progress.
14. These conditions of approval shall be copied directly onto development plans submitted to
the Planning and Building Departments for review.
15. Driveways and parking areas shall be surfaced and improved with asphalt cement and
thereafter maintained in good serviceable condition. Driveway entrances shall be improved
with a decorative, stamped, colored concrete surface, subject to the review and approval of
the Planning Director.
16. Sufficient off-street parking shall be provided on-site to meet the requirements of the
Rosemead Municipal Code, including parking for persons with disabilities (in accordance
with the most current edition of the Americans with Disabilities Act Accessibility
Guidelines).
17.A wall and fence plan will be required if any perimeter fencing or walls arc 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—b inch high curbs;
d. A landscape edge treatment of approximately 32 feet shall he provided along the westerly
Delta St. project boundary;
e. Perimeter landscaping along Walnut Grove Avenue and Rush Street shall continue the
landscaping themes of those corridors;
f. Additional landscape and hardscape features shall be developed along the Rush Street
perimeter to provide additional visual interest and enhancement.
19. All landscaping and irrigation shall be installed and completed prior to final Planning
Department approval. Perimeter landscaping shall be installed concurrent with the
development of Parcel 1; landscaping on the interior of Parcels 2 and 3 need not be
implemented until building permits are taken out for the improvements on each of those
parcels.
20. All ground level mechanical/utility equipment (including meters, back flow preservation
devices, fire valves, A/C condensers, furnaces and other 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 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 streetscapc 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.
.01111111111111111111111111
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. 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 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 cart storage area in front of the stores shall be fully screened from view.
59. Planning staff will conduct a quarterly meeting with the developer's major tenant and
residents which will be notified who are within 300 feet of the property of meetings to be
conducted to discuss concerns of major tenant's operations to ensure compliance with all
conditions of approval. In the event that the Director of Community Development finds that
the major tenant is not addressing issues of compliance, a review by the City Council will be
held. Such review will not occur more frequently than once every 12 months (Modified by
the City Council on April 25, 2017).
60.No guns, handguns, rifles, or other types of firearms or ammunition shall be sold from any
business on the Project Site.
CITY ENGINEER'S CONDITIONS OF APPROVAL
1. Details shown on the tentative map 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.
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 shalt dedicate appropriate right-of-way or casements to accommodate
improvements adjacent to and on the project site, if applicable.
10. A precise grading and drainage plan, prepared by a civil engineer registered in the State of
California, shall be submitted to the Building Department for approval prior to the issuance
of building permits, which shall conform to all requirements of the City of Rosemead
Grading Ordinances. The grading plan shall include,but not be limited to:
a. Prior to the recordation of the final map, grading and drainage plans must be
approved to provide for contributory drainage from adjoining properties as
approved by the City Engineer, including dedication of the necessary easements.
b. The grading and drainage plan must provide for each lot having an independent
drainage system to the public street, to a public drainage facility, or by means of
an approved drainage easement.
c. Historical or existing storm water flow from adjacent lots must be received and
directed by gravity to the street, a public drainage facility. or an approved
drainage easement.
d. The proposed drainage system shall be constructed and connected to the existing
storm drain in Walnut Grove Avenue. Developer shall process the storm drain
plans through Los Angeles County Department of Public Works.
e. Surface water generated from each lot shall not drain over the sidewalk or
driveway into the gutter on Delta Avenue, Rush Street and Walnut Grove Avenue.
f. Developer must comply with the City's storm water ordinance and SUSMP
requirements.
11. For parcels 1, 2 and 3 only, Developer shall prepare and record a covenant, subject to City
Engineer's approval,to allow cross lot drainage.
12. For parcels 1, 2 and 3 only, Developer shall prepare and record a covenant, subject to City
Engineer's approval, for ingress and egress, utility and drainage easement, fire lane, to the
extent not provided on the parcel map,and maintenance of the private driveways.
13. Developer shall prepare and record a covenant, subject to City Engineer's approval, for
reciprocal vehicular and pedestrian access between parcels 1, 2 and 3.
14. Roadways shall be improved as required by the City Engineer.
15. The final layout and site driveway design shall be subject to the review and approval of the
City Engineer.
16. New drive approaches shall be constructed at least 5' from any above-ground obstructions
in the public right-of-way to the top of"x"or the obstruction shall be relocated.
17. Drive approaches shall be at least 20' wide.
18. Clear unobstructed sight distances shall be provided at all unsignalized site driveways.
19. Clear visibility of pedestrians approaching on-site intersection crosswalks shall be provided;
signage and other objects shall not obstruct clear views between drivers and pedestrians.
20. The project proponent shall coordinate with the City of Rosemead and the County Fire
Department during the development review process to ensure the adequacy of the proposed:
(1) driveway vertical profiles, to ensure a smooth transition between the roadway and the
driveway change in grade, (2) designation of the curb at the building face as a fire lane. to
ensure that emergency vehicles have access to all building faces, and (3) the internal
circulation system relative to emergency access.
21. The project proponent shall comply with the requirements of the applicable transportation
agencies regarding the public transit facilities required on or off-site, as set forth by the City
Engineer.
22. Damaged curb, gutter and sidewalk along Delta Avenue, Rush Street and Walnut Grove
Avenue shall be reconstructed.
23. Developer shall construct handicapped access ramps at all on-site intersections and site
driveways.
24. Developer shall modify the existing traffic signal at the intersection of Walnut Grove
Avenue and Rush Street to include north/south left-turn phasing in conjunction with the
proposed development. Pedestrian crossing improvements at this intersection shall be
provided to the satisfaction of the City.
25. The north site access on Walnut Grove shall be signalized in conjunction with the
construction of the initial phase of the proposed commercial center. At the construction
stage, the developer shall provide signal timing plans and interconnect the closely adjoining
signalized intersections to provide adequate coordination. Pedestrian crossing improvements
at this intersection shall 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
Adommommor
driveway on Walnut Grove. To provide efficient signal operation at the north site access on
Walnut Grove, separate sensing of the driveway's right-turn and left-turn exit lanes shall be
provided. The left turn exiting lane at this location shall be a minimum of 100 feet in
length.
27. A median break with a minimum 225-foot recessed left-turn bay shall be provided for NB
Walnut Grove at the north Walnut Grove driveway access.
28. The customer entrance on Rush Street shall be signalized in conjunction with the
construction of the initial phase of the proposed commercial center and provide separate
right-turn and left-turn lanes for vehicles leaving the site. At the construction stage, the
developer shall provide signal timing plans and interconnect the closely adjoining signalized
intersections to provide adequate coordination.
29. The existing left-turn bay on Rush Street at Walnut Grove shall be lengthened to a minimum
of 325 feet.
30. A left-turn bay shall be provided at the median openings for the customer access on Rush
Avenue.
31. There shall be no delivery truck driveway on Rush Street; delivery trucks shall take access
off of Walnut Grove Avenue.
32. The developer shall install all street name signs, stop signs, and all other miscellaneous
signage as deemed necessary by the City Engineer, regardless of whether such signs are
shown on the street improvement plans. All signs must be installed to City of Rosemead,
County and/or Caltrans standards, as applicable, prior to utility clearances and occupancy
certification of the first development phase.
33. The developer shall be responsible for installing or repairing all centerline striping, traffic
legends, raised reflective pavement markers and other traffic delineation required by the
City Engineer, including signal loops damaged or required to be installed as a requirement
of the project.
34. All on-site parking and circulation areas shall be paved as required by a pavement
engineering or geotechnical report prepared by a civil engineer, subject to review and
approval of the City Engineer.
35. Developer shall construct handicapped access ramps per City standards at the corners of
Walnut Grove Avenue and Rush Street,and Rush Street and Delta Avenue.
36. Vehicle storage space in all left-turn bays associated with site access points and the adjacent
intersection shall be provided to the satisfaction of the City Engineer.
37. The site design shall provide the facilities necessary to safely integrate alternate
transportation modes such as bicycle usage,pedestrian access, and transit operations into the
site access and circulation system on-site and minimize the area where vehicle conflicts with
bicyclists and pedestrians can occur.
38. Bicycle rack(s) shall be installed pursuant to Chapter 12.32 of the Rosemead Municipal
Code.
39. Left-turn site egress shall be prohibited at the proposed southern site access on Walnut
Grove Avenue.
40. Street trees sized at a minimum of 24 inch boxed, shall be installed within the setback areas
adjacent to the parkway of all streets. The type, size and location of the street trees shall be
approved and inspected prior to planting by the City Engineer.
41. Prior to issuance of a certificate of occupancy for Phase 1 Improvements, Developer shall
deposit an amount determined by the City Engineer for the costs of installing a flashing
beacon at school crossing and funding a school crossing guard program at the corner of
Rush Street and Delta Avenue for a minimum of 20 years.
42. The Walnut Grove Avenue entry shall be 58 feet, providing four (4) 12-foot lanes, two
inbound and two outbound, and a 10-foot wide landscaped median.
43. Approval of this land division is contingent upon the installation of local 8-inch(minimum)
main line public sewer within a dedicated(10 feet minimum) easement to the City. Separate
house laterals shall be constructed to serve each lot of the land division.
44. The developer shall send a print of the sewer plans to the City and to the Los Angeles
County Department of Public Works for review. Approval must be assured prior to filing
this land division map.
45. The developer shall consult the City Engineer to determine the sewer location and design
requirements.
46. Any utilities that 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 Chiefs
fire flow requirements.
51. Any fast food restaurants proposed with drive-through facilities shall be designed to provide
safe on-site traffic circulation which does not conflict with entering or exiting traffic to the
site, on-site parking or pedestrian movements. Sufficient reservoir space shall be provided
to store four vehicles between the order board and the pick-up window (not including the
car at the order point or the car at the pick-up window). Storage for at least four vehicles
shall also be provided in advance of the menu board.
52. If any oil, gas or injection wells are discovered within the Project Boundaries,the Developer
shall notify the Department of Conservation (Cypress office) and comply with any
necessary closure/remedial actions required by DOC.
53. Sidewalks shall be installed on the easterly side of Delta immediately adjacent to the street
frontage of the Project site; Delta shall be fully improved to City standards to the
satisfaction of the City Engineer.
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 arca 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 he
cause for the Fire Chief to require that all activity be discontinued pending compliance.
8. If temporary fencing is used to enclose the construction site, at least two (2) means of
unobstructed access must be installed and maintained each of which is to be located as to
give maximum access to all parts of the site. Locking devices shall be of materials which can
be readily forced by equipment used by the Los Angeles County Fire Department.
9. The storage or stacking of lumber, fabricated components or other combustible materials is
not permitted nor shall the storage of structure framing lumber be initiated within the City
limits until all water lines and hydrants, as set forth on the approved water map for the
project,have been installed and approved by the Los Angeles County Fire Department.
10.To the extent not already covered by the conditions set forth herein, development shall
conform to the regulations of the California State Fire Marshal as contained within Title 19
and Title 24 of the California Code of Regulations.
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-1611.
construction.
b. Fire hydrant spacing shall be 300 feet and shall meet the following requirements:
i. No portion of lot frontage shall be more than 200 feet via vehicular access from a
public fire hydrant
ii. Additional hydrants shall be required if hydrant spacing exceeds specified
distances:
c. Turning radii shall be not less than 32 feet;
d. A Fire Department approved turning area shall be provided for all driveways exceeding
150 feet in length; all on-site driveways shall provide a minimum unobstructed width of
28 feet, clear-to-sky. The on-site driveway is to be within 150 feet of all portions of the
exterior walls of the first story of any building.
14. Specific fire and life safety requirement for the construction phase will be imposed during
building fire plan check.
15. 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.
E M F
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CIVIC PRIDE
144 iiii -
,~CORPORA Dt4
Attachment D
City Council Meeting Minutes dated April 25, 2017
MINUTES OF THE CITY COUNCIL
AND THE SUCCESSOR AGENCY TO THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION
REGULAR JOINT MEETING
APRIL 25,2017
Closed session
The meeting of the Rosemead City Council was called to order by Mayor. Low at 6:01 p.m. in the
Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead,California.
PRESENT: Mayor Low, Mayor Pro Tem Ly, Council Members Alarcon, Armenta,and Clark
STAFF PRESENT: City Manager Manis, City Attorney Richman, Assistant City Manager
McKinney, Director of Community Development Ramirez, Director of Finance Lieu, Director of
Parks and Recreation Chacon, Director of Public Works Garcia, and City Clerk
Donohue
1. CLOSED SESSION
The City Council will meet in Closed Session to discuss the following items:
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section: 54957
Title: City Manager
B. CONFERENCE WITH LEGAL COUNSEL—INITIATION OF LITIGATION
Government Code Section: 54956.9 (d)(4)
Number of Cases: 1
C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case Name: Los Angeles Community College District vs. County of Los Angeles
(Successor Agency as defendant; City as real part in interest)
LASC Case Number: BS 130308
Case Name: Montebello Unified School District vs. County of Los Angeles
(Successor Agency as defendant; City as real part in interest)
LASC Case Number: 127286
Mayor Low recessed the City Council meeting to closed session at 6:03 p.m. and
reconvened back from closed session at 7:01 p.m.
City Attorney Richman announced that there was no reportable action. She noted
that the City Council will continue with Item 1.A at the end of the regular
meeting.
1
RECONVENE TO REGULAR MEETING
The meeting of the Rosemead City Council and Successor Agency to the Community
Development Commission was called to order by Mayor Low at 7:10 p.m. in the Rosemead City
Council Chamber located at 8838 East Valley Boulevard, Rosemead, California.
PRESENT: Mayor/Chair Low, Mayor Pro Tem/Vice-Chair Ly, Council Members/Board
Members/Alarcon, Armenta and Clark
STAFF PRESENT: City Manager Maths, City Attorney Richman, Assistant City Manager
McKinney,Director of Community Development Ramirez,Director of Finance Lieu,Director of
Parks and Recreation Chacon, Director of Public Works Garcia, and City Clerk
Donohue
PLEDGE OF ALLEGIANCE was led by Mayor Low
INVOCATION was led by Mayor Pro Tem Ly
2. PUBLIC COMMENT
James Berry invited the Council and the public to volunteer at Civic Pride Day on April
29, 2017. Furthermore, he spoke on the donations received for the Resource Fair --�
backpacks give away and urged the public to continue donating.
Yvonne Fernandez expressed support for the Wal-Mart annual review to remain in effect.
She shared her concerns with ongoing security issues and truck activity at the Wal-Mart
store. She stated there are continued homeless encampments on the property. Lastly, the
big rig trucks continue to drive through Rush Street.
3. PRESENTATIONS
A. Presentation of City Street Sign to Commander Coronne Jacob
The City Council presented Commander Jacob with a city street for her service to
the Rosemead community and congratulated her for her promotion.
Commander Jacob thanked the City Council for the city street sign and the
recognition.
Mayor Low introduced and welcomed the new Temple Station Captain David
Flores.
Temple Station Captain David Flores thanked the City Council for the welcoming ...
remarks and noted he is looking forward to working with the Rosemead
community.
i
2
4. PUBLIC HEARINGS
A. Continued Public Hearing on Modification 16-02, A City Initiated Request 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(Walmart)
Recommendation: That the City Council adopt Resolution No. 2017-08 with
findings(Attachment"A")and approve Modification 16-02.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, 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)
City Planner Trinh reported the Planning Commission meeting of December 19,
2016,the City initiated a request to modify the conditions of and Conditional Use
Permits. The modification would eliminate the required annual Planning
Commission review of Wal-Mart's compliance with the conditions of approval.
The Planning Commission denied Modification 16-02. For this reason, Council
Member Ly requested the item be reviewed by the City Council. On January 18,
2017,Council Member Ly requested that the item be brought back to the Planning
Commission for reconsideration on February 6, 2017. The Planning Commission
heard all testimony and again denied Modification 16-02. On February 28, 2017,
the City Council held a public hearing and heard all testimony. At the request of
Council Member Clark, who was unable to attend the meeting, the City Council
continued the public hearing to the meeting of April 25,2017.
Mayor Low opened the public hearing at 7:22 p.m.
Derrick Lu stated the annual Wal-Mart review should not be eliminated from the
conditions.He stated without the annual review, residents would be powerless.
3
Brent McManigal representing Wal-Mart Stores stated the store opened in 2006
and since then supported the community. He explained the annual review was
established on November of 2007 to ensure compliance of the conditions of .
approval that have to do with construction and operations of the store. There have
been issues such as the issuance of a business license, which was corrected. He
suggested that the proper mechanism for the City to utilize is its Code
Enforcement Department to properly address any concerns or complaints. Staff
has stated in the past Wal-Mart has been in compliance during the annual review
and that complaints would be better served by Code Enforcement staff, while
Wal-Mart would continue working with the City to address any issues.
Jim Flournoy stated there are still noise concerns such as the air conditioners on
the roof, doors slamming in trucks, and questioned the reason why the annual
review topic was initiated by the City.
Mary Faras expressed concerns with homeless encampments increasing along
Delta Avenue behind Wal-Mart. She added the area behind Wal-Mart is dark and
secluded which attracts transients. She requested an increase in patrol to address
some of the suspicious activity happening at night and reiterated the ongoing
citizens' complaints that have been ongoing for over 9 years. Lastly, Mrs. Faras
addressed the abandoned Wal-Mart shopping carts.
Council Member Clark asked Mr. Faras if the homeless encampments were on
private property.
Mrs. Ferris replied the homeless encampments are within the Wal-Mart property.
Yuki Yamamoto disagreed with the proposed recommendation to remove the
annual review condition for Wal-Mart. She indicated Wal-Mart was a large
corporation and not a typical local Rosemead business and the annual review is
the leverage residents have to address issues directly.
Lydia Martinez urged the City Council to maintain the annual review specifically
for the residents living across the street from Wal-Mart, who continue to
experience ongoing issues that have not been resolved.
Council Member Armenta inquired on the square footage for the Wal-Mart store
versus the Target store.
Chris Olson stated Wal-Mart has been a good community partner who has
donated items for organizations when asked. He requested Wal-Mart to donate
tents and outdoor equipment for his troops, which they did provid by a
community grant. He expressed support for the removal of the annual review.
.
4
Lindsay Horowitz, director at the Center for American Asian United for Self-
Empowerment, expressed support for the removal of the annual review of Wal-
Mart. She indicated Wal-Mart has been a community partner to the CAUSE
organization for the last live years, which has allowed them to add more programs
to the community.
Ray Jan, Executive Director of the Rosemead Chamber of Commerce expressed
support for the removal of the annual review for Wal-Mart. She reiterated Wal-
Mart has been an active member on the Chamber of Commerce and contributes to
the community. Ms. Jan added Wal-Mart was the only business within the
Rosemead business community to have an annual review condition.
Brian Lewin stated there was no record implying the removal of the annual
review being initiated by a response to a council discussion. The Wal-Mart topic
had been brought before the Planning Commission three times and has every time
rejected staff's recommendation with noes of 4-0,and an abstention. He explained
there was no other business in the City with its scale of impact post CEQA,
particularly high intensity commercial use in light industrial area. The project
required a general plan amendment and zone change, and therefore did not merit
the reconsideration to remove the annual review. Leaving issues to the Planning
staff and Code Enforcement has resulted in challenges to resolve the issues. The
annual review provides staff engagement and assistance on matters not being
addressed. Mr. Lewin suggested staff develop a check list to be reviewed for
annual review which could have active reviews for some conditions and passive
reviews for other conditions, to significantly reduce the impact on all parties and
provide the protections and oversight needed of the annual review. Lastly, he
reiterated the condition was first put in place to give residents a voice and assure
them they would be protected with the impact mitigated on a permanent ongoing
basis and if Council eliminates the annual review what precedent and message
does it send.
Javier Angulo Director of Government Affairs and Public Relations for Wal-Mart
Stores stated the Rosemead store was the only store of many that has an annual
review condition. Rosemead Wal-Mart is the flag ship store where advertisements
are recorded, public officials,delegations from all over the world visit the specific
store. He assured the City, Wal-Mart was taking all concerns serious and would
like to work with residents to address their concerns such as homelessness and/or
abandoned shopping carts. However, it was unfair that Wal-Mart was the only
business in the City with an annual review. Staff indicated there has been zero
code violations reported during the annual review. He requested the City Council
reconsider the removal of the annual review condition and allow residents to be
empowered through code enforcement.
Mayor Low closed the public hearing at 7:51 p.m.
5
City Planner Trinh reported that the Rosemead Wal-Mart store had approximately
200,000 square feet of space and the Target store has approximately 100,000
square feet of space.
Mayor Pro Tern Ly stated the City has to be consistent with all businesses. No
other business in the City are subjected to an annual review like Wal-Mart. He
reiterated that he understood Wal-Mart was a sensitive issue based on the history
of the businesses that usually establish within the City. He added the Council was
going to approve the Mayor's appointments which includes the Commercial Task
Force, which focuses on discussing how to bring quality retail markets to the City.
If the annual review is not removed, the message to other businesses is that they
would also get annual reviews imposed on them.
He went on to say, Wal-Mart has been giving back to the community, hires
veterans and is involved with community organizations. In regards to homeless
encampments, the City is trying to deploy and address the issue as best as
possible. He continued that if the condition stays, he would ask that the same
condition be applied to the specific plan to specific businesses with 200,000
square foot space near residential neighborhoods. He expressed support for thc
removal of the annual review from Wal-Mart's conditions of approval.
Council Member Clark stated the Planning Commission staff report of February 6, ...
2017 stated, in condition of approval number 37, required the commission to
approve changes to the conditions of approval. She asked for clarification if the 4-4,;
Planning Commission has reviewed the conditions and rejected the request, how
can it be changed.
City Planner Trinh replied the municipal code allows the City Council to request
to move any item for Council review.
Community Development Director Ramirez explained if the Planning
Commission rejects an item, the City Council could request to review thc item and
reverse the action by the Planning Commission as it happened with Wal-Mart.
The annual review was given to the Planning Commission to hold, but did not
take away the Council's authority to make any changes to the conditional use
permit.
Council Member Clark stated she appreciated what Wal-Mart has done with the
community; however she was concerned with unresolved outstanding issues
brought by the residents. She supported the idea of a check list that could address
issues, and possibly in couple of years remove the annual review, if no other
complaints arise. Residents have the right to express their concerns, such as Mr.
Lowrey on the pallets, trucks and shopping carts. Another concern is having Code
Enforcement take all the responsibility which could fall back on the City. She 11.0VIID
stated she could not support the request to remove the annual review but would
consider the check list method.
6
Mayor Pro Tem Ly asked how many violations has Wal-Mart had over the last
eleven years.
Community Development Director Ramirez replied from 2009 to 2016,there have
been minimal violations; however the few have only been related to property
maintenance, landscaping, storage bin,parking striping, delivery trucks,and noise
complaints.
Council Member Armenia stated the traffic flow near Wal-Mart hasn't been any
different than it is now. She stated that she appreciated the residents expressing
their concerns and those speaking on behalf of Wal-Mart. She asked Wal-Mart
representatives to speak to the residents to address their issues.
Kenny Tran, Store Manager at Wal-Mart explained he would make the effort to
meet with the residents to address issues such as the shipping container issue. He
addressed the issue by coordinating with the third party vendor to pick up the
containers; however the containers are picked up by schedule and amount.
Therefore, it may have seemed the containers were not being picked up promptly.
Mr. Tran stated there are changes coming to the store, where he would like to
implement better communication between the customers,residents, and the City.
Council Member Armenta asked how the truck driving on Rush Street are being
addressed.
Mr. Tran replied,he could only address the company store trucks and has with his
vendors. However, he could not address other tenant's trucks driving on Rush
Street.
Council Member Armenta inquired on the locking mechanism of the shopping
carts.
Mr. Tran explained he has worked hard to make sure shopping carts do not leave
the premises. However, he noted individuals will sometimes push them over the
property line through the front wheels and take them off the property and abandon
them. He explained the shopping carts are Wal-Mart property, which are
important to his customers and makes sure to always have them available.
Council Member Clark asked Mr. Tran on the changes he spoke about.
Mr. Tran explained in terms of being actively engaged with the neighbors in the
community, veteran organizations and work closely with the Chamber of
Commerce over beautification projects and health fairs.
Council Member Armenta requested staff to provide data on how many
abandoned shopping carts arc being picked up from Wal-Mart versus Target.
7
Furthermore, asked staff their professional opinion on the impact on removing the
annual review condition.
Community Development Director Ramirez replied Wal-Mart has been a
community partner and when we are aware of issues staff contacts Wal-Mart and
immediately the issues arc resolved. However, we would ask that Wal-Mart is
more proactive in maintaining their landscape.
Council Member Armenta asked if the annual review is removed, how the City
could let the resident know issues are being addressed.
Community Development Director Ramirez explained the City encourages the
public to use the Round the Clock reporting system on the city's website to report
any concerns and handled by the appropriate department. Another issue is when
the annual review is being conducted, there are issues being made aware of for the
first time to the City.
Council Member Armenta asked members of the public if anybody has contacted
the City directly on their complaints about Wal-Mart.
Ms. Yamamoto replied she has called the City and Wal-Mart directly to report
issues. She reiterated on her past comments, there are other residents that share the ...
same concerns and have contacted either the city or Wal-Mart.
w«�
City Manager Manis asked Ms. Yamamoto to contact him directly if she felt her
concerns were not being properly addressed by staff or Wal-Mart.
Council Member Armenta clarified there have been multiple meetings regarding
Wal-Mart because one of the Council Members was ill and she requested the item
to be pushed to a future meeting. She added the City Council has their cell phone
number and emails readily available for the public on the city's website. She
inquired to City Manager Manis about the homeless encampment issues.
City Manager Manis explained the homeless issues have increased in the past year
and it has been a problem for Southern California. The City of Rosemead has
implemented programs to address the homeless and homeless encampments such
as workshops, cleanup efforts with Quality of Life program, and providing
resources to the homeless.
Council Member Armenta asked how Wal-Mart should respond to homeless
encampments on their property.
City Manager Manis replied they should contact the City because the City has a
team that includes Sheriff Deputies, Code Enforcement and Social Services
personnel.
8
Council Member Alarcon asked if there are similar issues at the Target Shopping
Center.
Community Development Director Ramirez replied there are issues involving
shopping carts,car clubs,peddlers etc.
Mayor Pro Tern Ly described a similar situation when the Planning Commission
was asked to revise the Conditions of Approval for the UFC Gym to allow special
events and changes in the hours of operation.
Mayor Low stated she was concerned with the issues residents continue to address
on shopping carts and noise. She stated she supports the residents and cannot
support the removal of the annual review if issues continue to arise. Residents
should see if Wal-Mart is being more responsive and working on communicating
with the residents. Although the annual review shows no code violations,there are
still ongoing complaints.
Council Member Armenta asked what it would entail to remove the annual review
conditions.
Community Development Director Ramirez replied eliminating the annual review
would only eliminate staff having to go to the Planning Commission each year to
address the conditions that are related to property maintenance. There are a total
of 129 conditions and about 24 conditions are reviewed by the Planning
Commission and Public Works relating to property maintenance.
Council Member Armenta asked if there was a middle ground for both Wal-Mart
and the residents.
Mayor Low urged Wal-Mart to work with the City to streamline the annual review
process.
Mayor Pro Tern Ly stated if the same conditions placed on Wal-Mart, would be
imposed on the two projects on Garvey Avenue, which will be near residential
areas.
City Manager Manis suggested if the annual review was removed, Wal-Mart
could agree to special neighborhood meetings on a quarterly basis with residents
to address their concerns directly.
Council Member Armenta suggested a community workshop to see the progress
between Wal-Mart and the residents.
Mayor Pro Tern Ly stated he supported the City Manager's idea for Wal-Mart to
conduct regular meetings with residents if the annual review is removed.
9
Council Member Armenta asked if it was possible to bring back the annual review
once it is removed from the conditions of approval.
Community Development Director Ramirez stated a statement could be added to
the conditions asking Wal-Mart to have meetings with residents along with staff.
If they do not hold the meeting, staff could report back to the City Council to
reinstate the annual review condition.
City Attorney Richman stated planning staff could assist in coordinating a
quarterly meeting between Wal-Mart and residents to address operation issues.
She explained the City would want to retain the ability to bring back the
condition. If the Planning staff believed the issues are not being resolved by Wal-
Mart, the City could notice an annual review. However, if concerns arc being
addressed, the item does not need to come before the City Council again.
Council Member Clark stated she wanted to make sure residents were satisfied if
the proposed meetings work.
City Attorney Richman cautioned if the conditions were removed, the amendment
is drafted where you expand upon a process that will retain the ability to still have
review. She expressed concern with removing the annual review and then trying
to impose a condition on an operating business.
Council Member Armenta stated she supported the amendment including
language if Wal-Mart is not holding the quarterly meeting, the Council could put
the annual review back on the conditions of approval.
Council Member Clark stated that if the trust is built between Wal-Mart and the
residents in the six months, Council could consider the removal of the annual
review. She asked for clarification on the caution of removing and putting back
the annual review condition.
Mayor Pro Teen Ly clarified the City Council would be modifying the condition
that stated in lieu of an annual review, Wal-Mart will try quarterly meetings with
residents. If the meetings do not work, showing good faith on both sides, the City
can automatically put back conditions, in reserving the power to put back at any
time.
City Attorney Richman recommended modifying condition 59, having Wal-Mart
conduct quarterly meetings with residents, and if it's not successful according to
the Director of Community Development, and annual review could be scheduled.
Mr. McManigal,counsel to Wal-Mart responded they would accept the conditions
to augment the condition that would require meetings with residents to address
any non-compliance issue, if the annual review is eliminated.
10
Community Development Director Ramirez suggested the amendment include a
noticing requirement span of a 300 foot radius to all residents.
Council Member Armenta asked what if Wal-Mart and the City are coordinating
the meeting and the residents are not attending.
Mayor Pro Tem Ly suggested Code Enforcement staff attend the quarterly
meetings to address some of the code enforcement issues.
Mr. McManigal stated if all parties are working well with open communication,
Wal-Mart would like to request the removal of the annual review.
Mayor Pro Tern Ly disagreed with having continuous meetings regarding the
annual review. fie assured Wal-Mart Store Manager Tran would work hard to
address the resident's issues and encourage an open line of communication.
City Attorney Richman clarified the amendment would include Planning staff
meeting with the developer at quarterly meetings along with residents and sending
out notifications at a 300 foot radius. The meetings will address concerns of major
tenant operations to ensure compliance with all conditions of approval per the
Director of Community Development. If the developer is not addressing the issues
of compliance, a review by the City Council would be conducted once every
twelve months.
ACTION: Moved by Mayor Pro Tern Ly seconded by Council Member Armenta
to adopt Resolution No. 2017-08 with findings and approve Modification 16-02
with amendments to include that Planning staff will meet with the developer at
quarterly meetings along with residents and send out notifications at a 300 foot
radius. The meetings will address concerns of major tenant operations to ensure
compliance with all conditions of approval per the Director of Community
Development. If the developer is not addressing the issues of compliance, a
review by the City Council would be conducted once every twelve months. The
motion carried by the following vote: AYES: Alarcon, Armenta, and Ly and
NOES: Clark and Low
B. Public Hearing on the Adoption of the 2016 California Fire Code as Amended by
Los Angeles County
Recommendation: It is recommended that the City Council conduct the noticed
public hearing and receive public comment; and introduce for First Reading, by
title only, Ordinance No. 973: "An Ordinance of the City Council of the City of
Rosemead Adopting by Reference, Pursuant to Government Code Section
50022.0, The 2016 California Building Standards Fire Code (Title 32 Los
Angeles County Fire Code — 2017 Fire Code), and Adopting Local Amendments
Thereto" and to bring back Ordinance No. 973 to the meeting of May 9, 2017 for
consideration of adoption.
11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADOPTING BY REFERENCE,
PURSUANT TO GOVERNMENT CODE SECTION 50022.2,
THE 2016 CALIFORNIA BUILDING STANDARDS FIRE
CODE (TITLE 32 LOS ANGELES COUNTY FIRE CODE —
2017 FIRE CODE), AND ADOPTING LOCAL AMENDMENTS
THERETO
Community Development Director Ramirez reported every three years the City of
Rosemead adopts the California Fire Code as amended by Los Angeles County.
Both the State of California and County of Los Angeles have completed their
adoption process for the 2017 County Fire code-Title 32.
Mayor Low opened the public hearing at 9:14 p.m. there being no public
comments, the public hearing closed at 9:14 p.m.
ACTION: Moved by Mayor Pro Tern Ly and seconded by Council Member
Armenta to adopt ordinance No. 973 and read by title only. The motion carried by
a unanimous vote: AYES: Alarcon,Armenta, Clark,Low,and Ly
5. CONSENT CALENDAR •�•
A. Claims and Demands <
• Resolution No. 2017-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS IN THE SUM OF $1,329,374.68 NUMBERED
95904 THROUGH NUMBER 96046 INCLUSIVELY, WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF
Recommendation: Adopt Resolution No. 2017-17
B. City Council Meeting Minutes
Recommendation: That the City Council approve the minutes from the regular
meeting on April 11,2017.
C. Consideration to Cancel the May 23, 2017, City Council Meeting
Recommendation: That the City Council cancel the May 23, 2017, City Council
meeting.
E. Release of Security Deposit—Parcel Map No. 70670—3715 Ellis Lane .
•
12
Recommendation: That the City Council release the Security Deposit to Ellis
Land, LLC.
H. HR Dynamics&Performance Management,Inc.,Professional Services
Agreement
Recommendation: Authorize the City Manager to execute a professional services
agreement with HR Dynamics & Performance Management, Inc. for Human
Resource services for an amount not to exceed$100,000.
1. Consideration of Opposition for Assembly Bill 1250
Recommendation: That the City Council authorize the Mayor to send the draft
letter attached on behalf of the City, opposing AB 1250.
K. California Climate Investments Urban Greening Program — Resolution No.
2017-18, Approving the Application for Grant Funds from the California
Climate Investments Urban Greening Program—Duff Park Improvement Project
Recommendation: That the City Council approve Resolution No. 2017-18,
authorizing the application for grant funds from the California Climate
Investments Urban Greening Program for the Duff Park Improvement Project.
ACTION: Moved by Mayor Pro Tern Ly and seconded by Council Member
Alarcon to approve Consent Calendar items A, B, C, E, H, I, and K. The motion
carred by a unanimous vote: AYES: Alarcon,Armenta,Clark, Low,and Ly
D. International Institute of Municipal Clerks 71'`Annual Conference—May 21'
through May 24th in Montreal, Canada
Recommendation: That the City Council authorize the attendance of the City
Clerk who wishes to attend the IIMC's 71st Annual Conference in Montreal,
Canada,from May 21'through May 24th.
Council Member Armenia clarified the City Clerk would pay for the international
travel expenses to the conference and the City would pay for the conference
registration only.
ACTION: Moved by Mayor Pro Tern Ly and seconded by Council Member
Alarcon to approve the recommended action. The motion carried by a unanimous
vote: AYES: Alarcon,Armenta,Clark,Low,and Ly
F. Project No. 27004 — Traffic Signal Modification Project — San Gabriel Blvd at
Rush Street/Potrero Grande—Award of Contract
13
Recommendation: That that the City Council (1) approve the plans and
specifications for the Traffic Signal Modification Project San Gabriel Blvd at
Rush Street/Potrero Grande; and (2) authorize the City Manager to enter into a •
contract with PTM General Engineering Services, Inc., as the lowest responsive
bidder for $83,038.00. In addition, authorize an amount of $20,000
(approximately 25%) as a contingency to cover the cost of unforeseen
construction expenses.
Council Member Armenta stated the traffic signal modification on San Gabriel
Boulevard at Rush Street/Potrero Grande was a protective left hand turn lane.
City Engineer Fajardo confirmed there would be four protective lanes. He
explained during the planning process there have been five accidents and two
fatalities in the last eighteen months. The traffic signal modification should
provide safety improvements on the intersection of San Gabriel Boulevard at
Rush Street/Potrero Grande.
Council Member Armenta clarified a portion of the intersection belongs to Los
Angeles County and she was glad they allowed for the protective lane.
ACTION: Moved by Mayor Pro Tern Ly and seconded by Council Member
Armenta to approve the recommended action. The motion carried by a unanimous .,...
vote: AYES:Alarcon,Armenta, Clark,Low,and Ly
G. Installation of Green Curb — West Side of the Driveway Apron at 8424 Garvey
Avenue
Recommendation: That the City Council approve the Traffic Commission's
recommendation to paint 30-feet of green curb in front of the business at 8424
Garvey Ave. between the property's two driveway aprons.
Director of Public Works Garcia reported the automotive business owner
requested 30-feet for a 20 minute green curb in front of the business. The Traffic
Commission recommended the City Council to approve the automotive business
owners' request.
Council Member Armcnta stated the automotive business owner had painted the
curb green illegally.
Director of Public Works Garcia explained staff removed the green curb once the
city became aware there was no permission from the Traffic Commission. As a
result, the business went through the process to request a green curb permit.
Council Member Armenta asked if the automotive business had been denied a
green curb in the past.
14
Director of Public Works Garcia stated there were no records indicating the
automotive business owner went to the Traffic Commission for the green curb.
The initial request from the business owner was made on October 11th, 2016.
Council Member Armenta asked if the green curb would affect the mixed use
projects next to the automotive business.
Director of Public Works Garcia replied the green curb would only be for one
parking space which will allow for one large vehicle or two small vehicles to
park.
Mayor Pro Tern Ly asked why was there a need for a green curb on this area of
Garvey Avenue.
Director of Public Works Garcia explained the business owner expressed his
client base was there for short period of time, such as making payments on cars
purchased and public parking is limited because other members of the public park
their cars for long period of times.
Mayor Pro Tern Ly asked who are the people parking for long period of times and
has the traffic consultant looked at the site.
Janet Robins of Transtech Engineers Traffic Consultant, explained when she
visited the site there was a construction truck parked for a long period of time.
She described an issue was the 2-hour parking limit was not being enforced and
clients of the automotive business did not have enough parking.
Council Member Armenta asked if the automotive business had onsite parking
and did he allow his customers to park inside the site.
Community Development Director Ramirez stated there was a number of
allocated parking stalls for customer versus how many vehicles he can have on
the site. Onsite parking is available to all customers regardless of the type of visit
to the business.
Mayor Pro Tern Ly explained he wanted to address the business owner's request,
however expressed concerns with painting a green strip of curb before the mixed
use projects were completed on Garvey Avenue.
Mayor Low stated if the public is parking on a 2-hour parking curb and is not
following the law; the City should be notified to enforce the 2-hour parking.
Council Member Armenia clarified the business has a large tot and visitors
visiting the business should be able to park on site regardless of the type of visit to
the business.
l.5
Ms. Robins replied a majority of the lot is used to store the vehicles.
Mayor Low stated if the green curb is permitted, any vehicle would be able to '
park at that curb for only 20 minutes and if customers arc going to visit for short
period of times to the business, they should park onsite.
Council Member Armenta stated the staff report attachment shows a parking sign
stating customers should park outside. She reiterated customers should be able to
park onsite.
Council Member Ly expressed concerns with planning parking requirements on
Garvey Avenue when there are mixed use projects being planned. He suggested
tabling the request until the mixed use projects are completed to determine if there
are impacts on the street before striping a green curb.
The Business Owner shared his concerns and stated because of the long period of
parked cars in front of his business the trash truck has issues picking up the trash
containers, the public does not obey the 2-hour parking limit, and parked cars
block the view of customers leaving the business and risk getting hit.
Council Member Armenta stated there was no difference if a car was parked for 2
hours or 20 minutes if a car would always be parked. -MW
Mayor Pro Tern Ly requested to table the item for six months until the mixed use r�
projects are completed on the street.
Council Member Armenta asked staff to confirm the number of parking stalls
within the property.
Mayor Low requested staff to enforce the 2-hour parking limit on the street and
tabled the item for a period of six months.
J. Safe Routes to School Project—Resolution No. 2017-16 Authorizing the
City Manager to Execute an Agreement with the State of California for the
Reimbursement of Funds
Recommendation: That the City Council approve Resolution No. 2017-16
authorizing the City Manager to execute the supplemental agreement No. P63 to
administrating Agency-State Master Agreement for State Funded Projects No.
00332S,for the reimbursements of$702,000.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AUTHORIZING CITY STAFF TO
EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO.
P63, FOR SAFE ROUTE TO SCHOOL PROGRAM PROJECT
16
NO. ATPL-5358 (018) BETWEEN THE CITY OF ROSEMEAD
AND THE STATE OF CALIFORNIA
Council Member Armcnta stated the proposed crosswalk will help residents cross
over from Del Mar Avenue to Fern Avenue.
City Engineer Fajardo stated the contract should be awarded by July and work
would start by August/September and should be completed in 90 days.
Brian Lewin expressed support for the project and suggested additional safety
modifications on Rio Hondo and De Adelena Street. Mr. Lewin stated Rio Hondo
Avenue and Encinita Avenue are used as major corridors and requested staff look
into possibly installing curb extensions, speed bulbs to encourage stopping or
decrease in speed. There are also dark areas on the intersection which are hard to
see pedestrians and requested lighting adjustments to existing light pole or
supplement the light to improve safety.
Council Member Armenta agreed with Mr. Lewin's concerns and asked staff to
look into additional lighting for the intersection.
ACTION: Moved by Mayor Pro Temp Ly and seconded by Council Member
Armenta to approve the recommended action.The motion carried by a unanimous
vote: AYES: Alarcon,Armenta,Clark,Low,and Ly
6. MATTERS FROM CITY MANAGER &STAFF
A. Zapopan Park—Additional Improvements
Recommendation: That the City Council direct City staff to proceed with either
Option 1 the installation of vinyl powder coated chain link fencing including two
pedestrian gates and one driveway gate at the north and south side of the park.
The cost of this improvement is approximately $22,400; or Option 2 the
installation of wrought iron fencing including two pedestrian gates and one
driveway gate at the north and south side of the park. The cost of this
improvement is approximately $50,825; or leave Zapopan Park as an open park at
the north and south ends.
Director of Public Works Garcia reviewed the staff report and stated staff was
seeking direction on fencing options for Zapopan Park after the park was
renovated and the old fence was removed. Residents living adjacent to the park
have expressed concerns after the park reopened due to loud noises of people
accessing the park late at night.
Council Member Annenta stated residents have expressed their concerns of the
removal of the fence on the day of the grand opening. She explained she
understood their concerns and expressed support of a new fence at Zapopan Park.
17
Mayor Pro Tern Ly recommended option 2 because the City was trying to
discourage the use of chain link fences.
ACTION: Moved by Mayor Pro Tern Ly and seconded by Council Member Clark
to recommend option 2 and direct staff to install of wrought iron fencing with a
cost of approximately $50,825. Motion carried by a unanimous vote: AYES:
Alarcon,Amenta,Clark,Low,and Ly
7. MATTERS FROM MAYOR& CITY COUNCIL
A. Mayor's Appointments for 2017-2018
Recommendation: That the City Council approve the Mayor's Appointments for
2017-2018.
Mayor Pro Tern Ly requested to be the alternate to the Sanitation District because
he wanted to get more involved in the Sanitation District. He also suggested
rotating the appointment to the Mosquito and Vector Control Board since the
current appointment would expire at the end of December.
City Clerk Donohue suggested bringing back the appointment of the Mosquito WIMP
and Vector Control before the City Council at the first meeting in December.
Mayor Pro Tern Ly requested the appointment of the Mosquito and Vector
Control to be brought back before the City Council in November.
ACTION: Moved by Mayor Pro Tern Ly and seconded by Council Member
Armenta to approve the Mayor's 2017-2018 appointments with amendment to
appoint Mayor Pro Tem Ly as alternate to the Sanitation District and bring back
the Mosquito and Vector Control appointment in November. The motion was
carried by a unanimous vote: AYES: Alarcon,Armenta, Clark,Low,and Ly
B. Possible Support for Senate Bill 786 (Agendized by Councilmember
Armenta)
Recommendation: Discuss and provide direction to staff in regards to support of
Senate Bill 786.
Mayor Low stated any Council Member supporting legislation could support it on
their own without bringing it before the City Council, unless it may impact the
City financially.
Mayor Pro Tern Ly stated Assistant City Manager McKinney was working on a
draft legislative policy platform to guide the City Council on bills that should or
should not be brought before the City Council for direction. A Policy Platform
18
will provide guidance with legislation bills the City will support or oppose based
on the standards of the policy adopted by the City Council.
Council Member Armenta explained Senate Bill 786 was about local control and
protecting residents from areas with alcohol and drug treatment facilities too close
to residential neighborhoods.
Council Member Clark agreed with Council Member Armenta in supporting
Senate Bill 786. She also agreed and recommended staff looks into the League of
California and Contract Cities policy platform.
Mayor Pro Tern Ly explained he and another Council Member were in
Sacramento fighting against a bill that would have stymied the 710 completion
and the bill died. He reiterated a policy platform would facilitate the process if the
City Council should support or oppose a bill.
ACTION: Moved by Mayor Pro Tern Ly and seconded by Council Member Clark
to support Senate Bill 786 and direct staff to send a letter of support to Senator
Mendoza. The motion was carried by a unanimous vote: AYES: Alarcon,
Armenia,Clark, Low,and Ly
C. City Council Comments
Mayor Pro Tern Ly directed staff to look into the specific plan a potential
regulation that requires any business over the size of 200,000 square feet or any
development over 200,000 square feet that abuts up to 300 feet radius residential
neighborhoods to conduct quarterly meetings with the community. Lastly, he
requested to adjourn the meeting in memory of Kara Khamo, daughter of a fellow
soldier within his army reserve unit, who lost her battle with cancer at age of 5
years old.
Council Member Armenta inquired on the resolution the City Council approved
of the Army's birthday celebration; and when the consolidation of the election
was going to be brought before the City Council.
City Clerk Donohue replied the Army Birthday Celebration resolution would be
forwarded to the Army soon. He explained the consolidation of the election
resulting from the approved Senate Bill 415, would be brought before the City
Council for discussion and direction on the first meeting in June. In addition, staff
was gathering data from other cities to provide to the City Council. He noted the
deadline to take action on the bill is January 1,2018.
Council Member Armenta directed the City Attorney to look into the deadline of
the requirements of Senate Bill 415.
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Mayor Low recessed the City Council meeting to continue closed session at 10:01
p.m. the meeting reconvened back from closed session at 10:27 p.m.
4
City Attorney Richman reported out from closed session stating that under the
performance review of the City Manager, the City Council voted Mr. Manis on a
rating of 3.8, meets expectations. Council Member Clark indicated the record to
show she voted no because Mr. Manis performance review rating should have
been a 4,exceeds expectation.
ACTION: Moved by Council Member Armenia and seconded by Council
Member Alarcon to give City Manager Manis a performance review rating of 3.8,
meets expectations. The motion was carried by the following vote: AYES:
Alarcon,Armenta,Low,and Ly and NOES: Clark
8. ADJOURNMENT
The meeting adjourned in memory of Kara Khamo and Rosemead School Board
Member Randall Cantrell at 10:30 p.m. The next regular City Council meeting is
scheduled to take place on May 9, 2017, at 7:00 p.m. in the Rosemead City Hall
Council Chamber.
.1_
W'
Marc Donohue,City Clerk
r,+r
APPROVED:
Polly • ayor
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