HomeMy Public PortalAbout19) 9.A. Parking Concession AgreementAGENDA
ITEM 9.A.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: April 16, 2013
TO: The Honorable City Council
MEMORANDUM
FROM: Jose E. Pulido, City Manager
By: Mark H. Persico, AICP, Community Development Director
Via: Hesty Liu, AICP, Associate Planner
SUBJECT: A PUBLIC HEARING TO CONSIDER A PARKING CONCESSION
AGREEMENT TO ALLOW THE ESTABLISHMENT OF A RESTAURANT
WITHOUT THE REQUIRED OFF-STREET PARKING AT 9225 LAS
TUNAS DRIVE (PHOENIX BOUTIQUE INC.)
RECOMMENDATION:
The City Council is requested to:
a) Approve a Parking Concession Agreement (Attachment "A"); and
b) Authorize the City Manager to execute the agreement with the property owner.
BACKGROUND:
1. On August 26, 2011, RBF Consulting was retained by the City to prepare a
Comprehensive Downtown Parking Strategic Plan with the overarching goal of
enhancing economic development opportunities in Downtown. The Plan is also
intended to create a strategic plan to evaluate Downtown parking conditions, to
facilitate community input, and to develop recommendations that can be phased
over time to increase parking supply, manage parking supply and revise parking
standards.
2. On August 14, 2012, RBF Consulting presented the Draft Downtown Parking
Study findings and preliminary recommendations at a Special Joint Meeting of the
City Council, the Planning Commission, and the Public Safety Commission.
3. On August 21, 2012, the City Council adopted a zoning amendment (i.e.,
Ordinance No. 12-959) to allow a Parking Concession Agreement as an option for a
City Council
April 16, 2013
Page 2
reduced off-street parking requirement. The zoning amendment is aimed at
promoting economic development, creating pedestrian oriented developments, and
encouraging shared parking and alternative modes of transportation.
4. On November 29. 2012, Phoenix Food Boutique, Inc. submitted a request for a
Conditional Use Permit to open a new restaurant at 9225 Las Tunas Drive.
5. On February 22, 2013, Phoenix Food Boutique, Inc. submitted a request for a
Parking Concession Agreement due to a shortfall of 16 parking spaces. The
restaurant requires a total of 29 parking spaces but is only able to provide 13
spaces on-site.
6. On March 26, 2013, the Planning Commission conducted a public hearing for the
requested Conditional Use Permit and Parking Concession Agreement. The
Planning Commission voted in a 3-1 vote and adopted Resolution 12-2368 PC
(Attachment "B") approving Conditional Use Permit 12-1823. The Planning
Commission also recommended that the City Council approve a Parking
Concession Agreement to reduce the on -street parking from 29 stalls to 13 stalls.
The minutes of the Planning Commission meeting are attached (Attachment "C").
ANALYSIS:
The overarching goal of the Comprehensive Downtown Parking Strategic Plan is to
enhance economic development opportunities in the Downtown. The Comprehensive
Downtown Parking Strategic Plan syncs up with the 2002 Downtown Specific Plan in
the City's on-going effort to focus attention on the historic Downtown core. The idea for
Parking Concession Agreements was a direct result of the Comprehensive Downtown
Parking Strategic Plan. A Parking Concession Agreement provides flexibility to the
zoning standards, promotes economic development and revitalization, assists in
creating a pedestrian friendly environment, and encourages alternative travel modes.
This Parking Concession Agreement is the first to be considered by the City Council
and will set the tone for future applications. On March 26, 2013, the Planning
Commission approved a Conditional Use Permit for the restaurant, and recommended
that the City Council approve the Parking Concession Agreement. The proposed
restaurant is located within the Downtown Specific Plan West Commercial District; and
based upon the study of the Comprehensive Downtown Parking Strategic Plan, the on -
street parking utilization rate (i.e., the percentage of occupied parking spaces) is only
55%. Based upon the low on -street parking utilization rate, the Planning Commission
found that a Parking Concession Agreement was appropriate (Attachment "D"). The
Parking Concession Agreement allows a reduction of off-street parking requirement
from 29 stalls to 13 stalls. Pursuant to the City's Parking Concession Agreement
Ordinance, the Planning Commission also recommended a one-time lump sum
payment of $3,750. It should be noted that each Parking Concession Agreement will be
City Council
April 16, 2013
Page 3
reviewed independently and subsequent agreements may require a higher fee.
Allowing for a reduction in off-street parking through a Parking Concession Agreement
is a proactive approach that the City adopted to achieve the goals of economic
revitalization in the city. The Parking Concession Agreement would allow for
businesses that would otherwise not be able to open due to inability to meet parking
requirements.
CONCLUSION:
Approval of the Parking Concession Agreement will allow the City to meet its economic
development goals. The City Council is requested to approve the Parking Concession
Agreement to allow the Phoenix Boutique, Inc. to reduce the required number of off-
street parking stalls from 29 to13.
FISCAL IMPACT:
The City will realize revenue of $3,750, if the Parking Concession Agreement is
approved. The fund will be placed into the Parking Improvement Fund to be utilized in
parking improvements in the future.
ATTACHMENTS:
A. Parking Concession Agreement
B. PC Resolution No. 12-2368 PC
C. PC Minutes dated March 26, 2013
D. PC Staff Report March 26, 2013 and Attachments thereto
Attachment A
PARKING CONCESSION AGREEMENT
This Parking Concession Agreement ("Agreement") is hereby entered into by and
between the CITY OF TEMPLE CITY, a municipal corporation ("City"), and BERNG V. YEH,
an individual, ("Owner") on this _ day of 2013.
RECITALS
A. Owner owns that, certain real property commonly identified as 9225 Las Tunas Drive,
Temple City, California, more particularly described and depicted in Exhibit "A" to this
Agreement (the "Property").
B. Owner has applied to the City for a Conditional Use Permit to establish a restaurant on
the Property (the "Use"), but cannot provide the twenty-nine (29) off-street parking
spaces required by the City's Code for the Use.
C. Section 9290.5 authorizes the City to enter into a parking concession agreement with a
property owner to reduce the off-street parking requirement for a project provided that
certain criteria are satisfied. Reductions in excess of 25% of the required off-street
parking spaces are allowed only if the City determines the reduction is warranted under
the circumstances.
D. The City finds that the Use is highly desirable for the area in which the Property is
located, and that the Owner has agreed to make substantial modifications to the existing
building on the Property that will increase the amount of off-street parking available on
the Property from ten (10) spaces to thirteen (13) spaces. Despite these modifications,
the amount of off-street parking will still not be enough to meet the off-street parking
requirements for the Use in the City's Code.
E. The City finds that Owner should be granted a reduction in the off-street parking
requirements in excess of 25% because the most recent parking study conducted by the
City shows that parking is readily available in the area surrounding the Property even
during peak hours. Therefore, the City finds that it is appropriate to allow a reduction in
off-street parking requirements that is greater than 25%, and that the reduction will not
create a reasonably foreseeable adverse impact on traffic circulation, public safety or the
environment.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this Agreement as follows:
1. OFF-STREET PARKING REDUCTION.
City hereby grants Owner a reduction in the amount of required off-street parking for the
Use in the amount of sixteen (16) spaces. Owner shall provide thirteen (13) off-street
parking spaces on the Property.
LA #4845-5898-3955 v1 -I-
2. OFF-STREET PARKING IMPACT MITIGATION FEE.
Owner agrees to pay to City a one-time fee of three thousand seven hundred and fifty
dollars ($3,750.00) to mitigate the impacts of the reduced off-street parking on the
Property, which shall be paid prior to the issuance of a business license for the Use.
3. REOUIRED IMPROVEMENTS.
Owner agrees to construct bike racks on the Property to accommodate at least twelve (12)
bicycles.
4. DEVELOPMENT IN ACCORDANCE WITH PLANS.
The off-street parking space and bike racks on the Property shall be developed in
accordance with the approved plans for the Use date stamped December 5, 2012, except
as modified by Conditional Use Permit 12-1823.
5. GENERAL PROVISIONS.
5.1 Integration. This Agreement consists of pages 1 through 3 and attached Exhibit
"A" inclusive, which constitute the entire understanding and agreement of the
parties and supersedes all negotiations or previous agreements between the parties
with respect to all or any part of the transaction discussed in this Agreement.
5.2 Effective Date. This Agreement shall not become effective until the date it has
been executed by Owner and formally approved by the City Council and executed
by the City Manager.
5.3 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to the
Agreement on the date and year first written above.
[SIGNATURES ON FOLLOWING PAGE]
LA #3845-5898-3955 V1 -2-
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
CITY OF TEMPLE CITY
N
Jose Pulido, City Manager
OWNER:
BERNG V. YEH
LA #4845-5898-3955 vt -3-
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
LA #4845-5898-3955 vl -4-
RESOLUTION 12-2368 PC Attachment B
A CONDITIONAL USE PERMIT AND PARKING CONCESSION AGREEMENT
TO ALLOW THE ESTABLISHMENT OF A RESTAURANT AT 9225 LAS TUNAS
DRIVE. THE BUSINESS WILL BE CONDUCTED IN A 2,897 SQUARE FOOT
COMMERCIAL BUILDING WITH A PROPOSED CAPACITY OF 46 INDOOR
SEATS AND 28 OUTDOOR SEATS. THE HOURS OF OPERATION ARE
PROPOSED AS FROM 7:00 AM TO 1:00 AM, SEVEN DAYS A WEEK. THE
PARKING CONCESSION AGREEMENT IS REQUESTED TO ALLOW THE
BUSINESS WHICH CANNOT PROVIDE THE REQUIRED ONSITE PARKING.
THE SUBJECT SITE IS LOCATED IN THE CITY'S WEST COMMERCIAL
DISTRICT BY THE DOWNTOWN SPECIFIC PLAN. (CUP 12-1823/PHOENIX
FOOD BOUTIQUE)
The Planning Commission of the City of Temple City does hereby resolve:
SECTION 1. Based upon information for the above Conditional Use Permit, the
Planning Commission finds:
FOR THE CONDITIONAL USE PERMIT:
1. That the site for the proposed use is adequate in size, shape, topography
and circumstances to sustain the proposed use;
The subject lot contains a land area of 8,000 square feet and is improved with a
4,300 square foot commercial building, which will be reduced to 2,897 square
feet through demolition of the rear 1,403 square feet. Although onsite parking is
considered inadequate, the parking concession agreement along with the
available on -street parking of the area will mitigate the impact of the onsite
parking shortfall.
2. That the site does have sufficient access to streets and highways,
adequate in width and pavement type to carry the quantity and quality of
traffic generated by the proposed use;
The subject site is directly abutting a regional thoroughfare (Las Tunas Drive),
which is improved with the capacity to handle the traffic that will be generated by
the proposed use; and
3. That the proposed use will not have an adverse effect upon the use,
enjoyment or valuation of adjacent property or upon the public welfare.
The proposed use is consistent with its land use designation and with the related
parking concession agreement. The use will not cause an adverse effect on
adjacent uses. The project will help revitalize the business activities of the area,
which is the goal provided by the Downtown Specific Plan. Traffic impact has
been assessed and survey conducted for the project suggests that the amount of
unoccupied spaces in the vicinity will offset the onsite parking shortfall.
Resolution 12-2368 PC Page 2
Conditional Use Permit 12-1823
9225 Las Tunas Drive
FOR THE PARKING CONCESSION AGREEMENT:
1. The off street parking reduction is not greater than twenty five percent
(25%), unless a greater reduction is determined by the city to be warranted
under the circumstance;
Staff determines that the number of off-street parking reduction is warranted
under the circumstance. The project is surrounded by service-oriented
businesses, many of which are provided with adequate onsite parking. Demand
for on -street parking is minimal and survey on the utilization of the on -street
parking suggests that ample spaces will be available to offset the off-street
parking shortfall of the project.
2. The off street parking reduction does not create a reasonably foreseeable
adverse impact on traffic circulation, public safety or the environment;
Studies of the Comprehensive Downtown Parking Strategic Plan as well as the
survey conducted by staff for the project both suggest that the impact of the
onsite parking shortfall can be mitigated. The utilization rate of on -street spaces
in the immediate vicinity is around 55% (according to the strategic plan), which
will offset the onsite shortfall by providing the required number of parking spaces
on the street.
3. The owner/developer has obtained a written agreement appropriate for
recordation entitling the proposed project to share off street parking with
one or more adjacent or proximately located sites which provide sufficient
excess off street parking to absorb the proposed reduction in off street
parking on the applicant's site; or alternatively, the owner/developer will
pay an off street parking impact mitigation fee as determined to be
warranted by the city under the circumstances; or some combination of the
above;
Due to the nature of the matter which involves property title and development
rights, the effort of the owner/developer to acquire a shared parking agreement
with the adjacent properties has not been successful. Under such circumstances,
Staff decides to use mitigation fee as the alternative and recommends that a
lump sum and onetime fee of $ 3,750 be imposed as a condition of entering a
parking concession agreement.
4. The owner/developer agrees to construct improvements (whether on site or
off site) that encourage and facilitate alternative modes of transportation
and that promote transportation demand management and trip reduction
measures including, but not limited to, provision of bicycle racks and/or
lockers, electric vehicle charging stations, bus turnouts, bus shelters and
shuttle services from public parking facilities or off site private parking
Resolution 12-2368 PC
Conditional Use Permit 12-1823
9225 Las Tunas Drive
facilities.
Page 3
The project proposes to install 12 bike racks in the rear parking lot. The proposed
site design also helps create a pedestrian friendly environment. Both
improvements will result in encouraging alternative travel modes. In pursuing the
intent and benefit of this requirement, staff determines that the project fulfill the
requirement satisfactorily.
SECTION 2. This project is found to have no significant effects upon the
environment, and is Categorically Exempt from environmental review per CEQA
Guidelines, §15301 (Existing Facilities).
SECTION 3. Accordingly, Conditional Use Permit 12-1823 is approved, subject
to the following conditions:
1. Development plans and tenant improvements shall be in substantial
compliance with the submitted plans, date stamped December 05, 2012
except as modified herein. The Commission authorizes city staff to
approve a modification to the rear entrance to include a sound barrier,
security gate, wall or door entrance to mitigate sound impacts on the
properties to the north of the subject site.
2. The business shall have a maximum of 74 seats for the total of indoors
and outdoors. An increase in the maximum number of seats shall require
a modification of this Conditional Use Permit and/or the review and
approval of the Community Development Department.
3. Hours of operation shall be limited to 11:00 a.m. to 1:00 a.m., seven days
a week.
4. Landscape plans shall be reviewed and approved by the Community
Development Department. In particular, landscape plans shall incorporate
improvements to the parking lot on the property, including but not limited
to, resurfacing the parking lot and providing landscaping in applicable area
to the extent possible.
5. Lighting for the parking lot shall be designed to shield to confine light
within the site boundaries.
6. An existing non -conforming rooftop sign on the building shall be removed.
Any proposed signage shall be subject to the review and approval of the
Community Development Department.
Resolution 12-2368 PC
Conditional Use Permit 12-1823
9225 Las Tunas Drive
Page 4
7. The property owner shall properly maintain the outside dining area after
the hours of operation and be responsible for controlling loitering, smoking
(pursuant to California State Government Code) and other conduct of
individuals on the premises and immediately outside the premises.
8. The applicant shall install a total of 12 lock spaces in the private parking
lot of the subject site. The type of bike racks, location, and installation
shall be subject to the review and approval of the Community
Development Department.
9. Detailed plans for the exterior improvements to the building shall be
submitted and reviewed by the Community Development Department
through the City's "Site Plan Review" process. The design, colors, and
materials shall be subject to the approval of the Community Development
Department.
10. Building Permits shall be obtained for the proposed tenant improvements;
Additional safety and security measures may be required in conjunction
with the plan check review process.
11. There shall be no on-site consumption of alcoholic beverages. A separate
public hearing is required if consumption of alcoholic beverages is desired,
subject to the approval of the Planning Commission.
12. If the operation of the business causes serious concerns regarding
increased Sherriff's patrols, issues related to public safety, Noise, and/or
significant traffic impact, staff may cause another public hearing to re -review
the Conditional Use Permit. Depending on the nature of the problem, the
Planning Commission many consider imposing additional conditions, and/or
revocation of the approval of this Conditional Use Permit, subject to the
procedure and the findings set forth in the Zoning Code.
13. No formal or informal entertainment shall be permitted at any time, without
a modification of this Conditional Use Permit.
14. All activities and functions of the site shall be subject to the City's Noise
Ordinance. Any violation of the City's Noise Ordinance as contained in
Section 9280-9282.1 shall be grounds for revocation of this Conditional
Use Permit.
15. Stormwater Pollution: The property owner shall meet all requirements of
the National Pollutant Discharge Elimination System (NPDES) related to
pollutants; runoff or non-stormwater discharges (TCMC 8100-8405).
Additionally, the property owner needs to be reviewed and approved by
the City's NPDES consultant before any building permits are issued.
Resolution 12-2368 PC
Conditional Use Permit 12-1823
9225 Las Tunas Drive
Page 5
16. Disposal of Construction Waste: No construction activity waste or material
of any kind, including plaster, cement, paint, mud, or any other type of
debris or liquid shall be allowed to be disposed of in the street or gutter,
storm drain or sewer system. All debris spills shall be removed daily and
the subject site shall use necessary dust control measures. Failure to
comply with this condition will result in charges being filed with the District
Attorney.
17. All goods and materials associated with the restaurant shall be stored
within the building at all times.
18. The restaurant use shall be in full compliance with all applicable health
and safety standards, as well as all requirements of industrial waste.
19. The restaurant shall be required to install emission and odor control
devices required by the South Coast Air Quality Management District and
as applicable, Los Angeles County Health Department regulations. Such
systems shall be installed and operable prior to the issuance of occupancy
permits for this restaurant.
20. The Conditions of Approval contained in this Resolution may be enforced
by the Sheriff's Department, as well as City Staff. Any violation of any
condition is a misdemeanor and may be processed directly by criminal
complaint.
21. This Conditional Use Permit shall expire 24 months from the date of
approval if said Conditional Use Permit is not exercised within that time. If
the project is not commenced prior to the expiration date, the applicant may
apply in writing for an extension of time at least forty (40) days before the
expiration date.
22. A blue line sheet containing each page of this resolution shall be
included in the construction plans at the time of building plan check
submittal.
23. This Resolution shall not become valid until such time that the
applicant/property owner has signed a copy of the Resolution
acknowledging acceptance of the Conditions of Approval. Violations
of these conditions as contained herein shall be grounds for
revocation of this conditional use Permit.
24. The Conditional use Permit shall not become valid until the City
Council's approval of the parking concession agreement.
Resolution 12-2368 PC
Conditional Use Permit 12-1823
9225 Las Tunas Drive
Page 6
25. The Parking Concession Agreement shall be executed prior to the
occupancy of the building and shall remain in full effect thereafter. In
particular, an impact mitigation fee of $3,750 shall be paid prior to
the issuance of a business license.
SECTION 4. The Secretary shall certify to the adoption of this resolution.
Chairman
I hereby certify that the foregoing Resolution was adopted by the Planning
Commission of the City of Temple City at a meeting held on the 26th of March, 2013, by
the following vote:
AYES:
Commissioner- Cordes, Leung, Horton
NOES:
Commissioner- O'Leary
ABSENT:
Commissioner- Curran
ABSTAIN:
Commissioner- None
Secretary
READ, APPROVED AND CONDITIONS ACCEPTED:
Berng V. Yeh, Property Owner Date
Tom Chang (Phoenix Food Boutique)/Applicant Date
1
2.
3.
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5.
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Attachment C
PLANNING COMMISSION
TEMPLE CITY, CALIFORNIA
REGULAR MEETING MINUTES
MARCH 26, 2013 — 7:30 P.M.
CALL TO ORDER — Chairman Horton
ROLL CALL — Commissioners Curran, Leung, O'Leary, Cordes, Horton
PRESENT: Commissioners: Leung, O'Leary, Cordes, Horton
ABSENT: Commissioners: Curran
ALSO PRESENT: City Attorney Murphy, Community Development Director Persico,
Planning Manager Starns, Associate Planner Liu, and Community
Development Secretary Venters
Commissioner O'Leary made a motion to excuse Commissioner Curran for due cause
seconded by Vice—Chairman Cordes by the following roll call vote.
Commissioner Leung arrived at 7:32 p.m.
AYES: Commissioner— Leung, O'Leary, Cordes, Horton
NOES: Commissioner — None
ABSENT: Commissioner—Curran
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA - None
CONSENT CALENDAR (Roll Call Vote)
Vice—Chairman Cordes moved to approve the Consent Calendar, seconded by
Commissioner O'Leary and carried by the following roll call vote.
AYES: Commissioner— Leung, O'Leary, Cordes, Horton
NOES: Commissioner — None
ABSENT: Commissioner—Curran
The Consent Calendar consisted of the following items:
A. APPROVAL OF MINUTES MARCH 12, 2013
Recommendation: APPROVE AS SUBMITTED
UNFINISHED BUSINESS — None
7. NEW BUSINESS
A. PUBLIC HEARING — A CONDITIONAL USE PERMIT AND PARKING
CONCESSION AGREEMENT TO ALLOW THE ESTABLISHMENT OF A
Planning Commission Minutes
March 26, 2013
Page 2
RESTAURANT AT 9225 LAS TUNAS DRIVE. THE BUSINESS WILL BE
CONDUCTED IN A 2,897 SQUARE FOOT COMMERCIAL BUILDING WITH A
PROPOSED CAPACITY OF 46 INDOOR SEATS AND 28 OUTDOOR SEATS.
THE HOURS OF OPERATION ARE PROPOSED AS FROM 7:00 AM TO 1:00
AM, SEVEN DAYS A WEEK. THE PARKING CONCESSION AGREEMENT IS
REQUESTED TO ALLOW THE BUSINESS WHICH CANNOT PROVIDE THE
REQUIRED ONSITE PARKING. THE SUBJECT SITE IS LOCATED IN THE
CITY'S WEST COMMERCIAL DISTRICT DESIGNATED BY THE DOWNTOWN
SPECIFIC PLAN.
PROJECT SITE: 9225 LAS TUNAS DR.
CASE NUMBER: CONDITIONAL USE PERMIT 12-1823
PROPERTY OWNER: BERNG V. YEH
670 HAMPTON ROAD
ARCADIA, CA 91006
APPLICANT PHOENIX FOOD BOUTIQUE, INC.
/BUSINESS OWNER: 4939 EARLE AVENUE
ROSEMEAD, CA 91770
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) RECOMMEND THAT THE PLANNING
COMMISSION FIND THIS PROJECT
CATEGORICALLY EXEMPT (15301)
4) ADOPT A RESOLUTION TO APPROVE THE
PROJECT
Associate Planner Liu gave a PowerPoint presentation.
Chairman Horton opened the public hearing.
Patsy Ma, applicant, introduced the corporate principals of Phoenix Food
Boutique. She briefed the Planning Commission regarding; the history of
Phoenix Food Boutique, the targeted clientele, cuisine served, and the proposed
hours of operation. The applicant is willing to abide by the conditions of
approval.
Skyler Kogachi, architect, proposed to demolish a portion of the building to
accommodate the parking demand. This request if approved, would have
indoor/outdoor dining, natural light, a fountain, and would be designed to deter
patrons from disturbing neighboring residents.
Loretta Quach, resident, presented a diagram and images to the Planning
Commission of the proximity of her property and the proposed restaurant to
support her opposition to the proposed request. She also expressed concern
regarding public safety, property value, traffic, vermin, noise, and parking.
Planning Commission Minutes
March 26, 2013
Page 3
Klass Meijer, resident, spoke in opposition of the proposed request due to lack of
parking.
Joy Carothers, resident, doubted staffs parking analysis.
Val Lai, commercial property owner, indicated that parking is problematic
therefore he is not in favor of the proposed request.
Vincent Ho, public speaker, spoke in opposition of the proposed request due to
lack of required parking spaces, potential overflow parking in residential areas,
and noise.
Jim Clift, resident/Public Safety Commissioner, briefed the Planning Commission
how other restaurants located near residents have affected residents.
Berng Yeh, commercial property owner, spoke in favor of the proposed request
Mary Kokayko, resident, spoke in opposition of the project due to the following;
lack of parking, oversaturation of restaurants, hours of operation, and the
proposed location.
Vance Ho, business owner, spoke in opposition of the proposed use due to
insufficient parking. Presented a petition signed by residents who are opposed to
the proposed request.
John Tat, resident, did not feel that the business did not fit well with the proposed
location.
Chairman Horton invited the applicant to address the concerns of the public
Tome Chang, business owner, addressed the concerns of the public.
Chairman Horton closed the public hearing.
City Attorney Murphy, recommended the Planning Commission amend
conditions one (1) and twelve (12). He briefed the public regarding the process
for the parking concession agreement.
Commissioner Cordes made a motion to approve Conditional Use Permit 12-
1823, find that the project is categorically exempt, to amend conditions one (1)
and twelve (12) and for the City Council to review the concession agreement,
seconded by Commissioner Leung and carried by the following roll call vote.
AYES: Commissioner—Leung, Cordes, Horton
NOES: Commissioner—O'Leary
ABSENT: Commissioner—Curran
8. UPDATE FROM COMMUNITY DEVELOPMENT DIRECTOR
Community Development Director Persico announced that the first Parks and Open
Space Master Plan Community Meeting was held March 26, 2013 at Longden
Elementary School, the second meeting will take place at Live Oak Park on March 27,
Planning Commission Minutes
March 26, 2013
Page 4
2013 at 7 p.m. The Parks and Open Space Master Plan review process schedule
should be ready prior to December 2013. Mr. Persico distributed the draft Housing
Element document requesting that the Planning Commission study the report when this
item will be heard April 9, 2013. Planning Manager Starns was introduced to the
Planning Commission.
Planning Manager Starns gave a brief summary of his career to the Planning
Commission.
9. COMMUNICATIONS — None
10. MATTERS FROM CITY OFFICIALS — None
11. COMMISSION ITEMS SEPARATE FROM THE REGULAR AGENDA
A. COMMISSIONER CURRAN — None
B. COMMISSIONER LEUNG — None
C. COMMISSIONER O'LEARY — None
D. VICE—CHAIRMAN CORDES — Thanked the public for being involved in their
community.
E. CHAIRMAN HORTON — Welcomed Planning Manager Starns to Temple City
and thanked the public for exercising their democratic process. Asked
Community Development Director Persico for an update regarding various
parking options along the commercial and neighboring residential corridors.
Community Development Director Persico responded that an update regarding
parking would be brought forth to the Planning Commission April 23, 2013.
12. ADJOURNMENT
The Planning Commission Meeting was adjourned at 9:41 p.m. to the Planning
Commission Regular Meeting of March 26, 2013 at 7:30 p.m. in the Council Chambers
at 5938 Kauffman Avenue.
Chairman
Secretary
Attachment D
CITY OF TEMPLE CITY
PLANNING COMMISSION
DATE OF MEETING: MARCH 26, 2013
TO: PLANNING COMMISSION
FROM: MARK PERSICO, ACIP
COMMUNITY DEVELOP NT DEPARTMENT DIRECTOR
Elm
HESTY LIU, ACIP
ASSOCIATE PLANNER
REPORT ON: A CONDITIONAL USE PERMIT AND PARKING CONCESSION
AGREEMENT TO ALLOW THE ESTABLISHMENT OF A
RESTAURANT AT 9225 LAS TUNAS DRIVE. THE BUSINESS
WILL BE CONDUCTED IN A 2,897 SQUARE FOOT
COMMERCIAL BUILDING WITH A PROPOSED CAPACITY OF
46 INDOOR SEATS AND 28 OUTDOOR SEATS. THE HOURS
OF OPERATION ARE PROPOSED AS FROM 7:00 AM TO 1:00
AM, SEVEN DAYS A WEEK. THE PARKING CONCESSION
AGREEMENT IS REQUESTED TO ALLOW THE BUSINESS
WHICH CANNOT PROVIDE THE REQUIRED ONSITE
PARKING. THE SUBJECT SITE IS LOCATED IN THE CITY'S
WEST COMMERCIAL DISTRICT DESIGNATED BY THE
DOWNTOWN SPECIFIC PLAN.
PROJECT SITE: 9225 LAS TUNAS DRIVE
CASE NO: CONDITIONAL USE PERMIT 12-1823
PARKING CONCESSION AGREEMENT
PROPERTY OWNER: BERNG V. YEH
670 HAMPTON ROAD
ARCADIA, CA 91006
APPLICANT: PHOENIX FOOD BOUTIQUE, INC.
TOM CHANG
4939 EARLE AVENUE
ROSEMEAD, CALIFORNIA 91770
INFORMATION SUMMARY
ZONING: WC, WEST COMMERCIAL
GENERAL PLAN: COMMERCIAL
LOT: Area
Sq. Ft. Frontage Depth Shape and Characteristics
8,000 50' 160' Rectangular and level
Public Hearing: February 12, 2009 Page 2
Conditional Use Permit 12-1823, Zone Variance 12-1824
9225 Las Tunas Drive
PUBLIC IMPROVEMENTS: Existing sidewalk, curb and gutter
ENVIRONMENTAL REVIEW: Categorical Exemption per CEQA Guidelines, §15301
PREVIOUS ACTIONS: None
PENDING ACTIONS: Tenant improvement plan review, issuance of building
permits, and issuance of business license
BACKGROUND:
The subject site is located in the City's West Commercial (WC) District of the Downtown
Specific Plan area. The site has a land area of 8,000 square feet and is improved with a
single -story commercial building of 4,300 square feet, which is currently occupied by an
auto part retail store. The site is also improved with a private parking lot behind the
commercial building and 10 parking stalls are currently assigned in the lot. The site is
designated Commercial by the City's General Plan.
Phoenix Food Boutique, Inc. is a business corporation which specializes in restaurant
business. According to the company profile, the first restaurant of the company opened in
1965 and a total of 11 restaurants had since been established in Southern California,
including in many cities of San Gabriel Valley such as Alhambra, Monterey Park, Arcadia,
and San Gabriel. The restaurant serves Asian cuisines in a fast- and -casual manner with a
variety of drinks and deserts to select such as fruit drinks, tea and coffee. Staff received
the initial inquiry from Phoenix Food Boutique in October of 2012 about opening a
restaurant on the subject site. After reviewing the zoning designation, staff determines
that the proposed use is a permitted use through a Conditional Use Permit. However, the
issue is the off-street parking requirement for the proposed use. The current 10 spaces
provided on the site is considered inadequate (parking is required at 1 space per 100
square feet floor area for a restaurant). Although there are ample on -street parking spaces
in the vicinity, the incompliance with the required off-street parking is the major hurdle for
acquiring the zoning approval. Staff therefore advises that a parking concession
agreement be considered, as prescribed by the zoning regulation, subject to the
discretionary review procedure of the City.
Allowing the establishment of a business through a parking concession agreement is a
mechanism that the City developed recently. For the past decades especially during the
recent years of economic recession, attracting business and fostering economic activities
become ever challenging. On-site parking in the historic downtown has been a problem for
Temple City, just as it has been in many other cities with historic downtown. In an effort of
proactively tackling the problem, the City retained consultants last year to conduct a
comprehensive parking study (eventually evolved into the City's Comprehensive
Downtown Parking Strategic Plan). The study surveyed the entire downtown area and
Public Hearing: March 26, 2013 Page 3
Conditional Use Permit 12-1823, Parking Concession Agreement
9225 Las Tunas Drive
concluded with a number of informative findings. In particular, the study suggested that
while parking could be a problem during peak hours and on certain blocks concentrated
around the City's Center Commercial districts; in other districts, many off-street and on -
street parking spaces were largely under-utilized. In July of 2012, the City Planning
Commission adopted a zoning amendment to allow business through a Parking
Concession Agreement. The rationale was that if inadequate off-street parking can be
mitigated-, a parking concession agreement would help overcome the zoning restriction
which could be inflexible in dealing with various situations. The zoning amendment was
subsequently finalized and codified by the City Council in August of 2012.
In pursuing a parking concession agreement for a reduction on the required off-street
parking, the owner/developer (Phoenix Food Boutique) submits a project proposal
incorporating certain site improvements to satisfy the criteria of the parking concession
agreement. The proposed improvements include a reduced floor area by 33%, an
increase in the number of off-street parking from 10 to 13 spaces, pedestrian friendly site
design, and installation of bike racks to facilitate alternative travel modes. The details of
the proposed project are provided in the followings.
PROPOSED USE:
The proposed floor area is 2,897 square feet, a 1,403 square feet reduction from the 4,300
square feet floor area currently on the site. The reduction is the result of the proposed
demolition of a rear portion of the building as well as the conversion of an existing 778
square foot into an outside dining area. The proposed demolition will also result in an
enlarged parking lot, and a total of 13 off-street parking spaces can be accommodated (as
compared to the 10 spaces existing condition). In addition, a total of 12 bike racks will be
installed in the available spaces next to the parking stalls and at three locations.
The outside dining area features a covered passageway located along the easterly
property line, connecting the front street (Las Tunas Drive) with the rear parking lot and the
adjacent alley(see attached Site Plan). Much of the passageway is under a roof cover
except for a central court yard, which is provided with a large open ceiling to serve as an
inlet for natural lighting and ventilation. The court yard connects the outside dining area
with the side entrance of the restaurant and is furnished with a small water fountain and
landscaping. Inside the restaurant, the rear 989 square feet is enclosed for the kitchen.
The remaining area consists of a 1,250 square foot dining area next to the front entrance
and a 658 square foot service counter on the side. The proposed hours of operation are
from 11:00 am to 1:00 am, seven days a week. The proposed maximum number of
seating is 74, including 46 seats indoors and 28 seats outdoors.
Under the zoning standards, the project is required 29 off-street parking spaces. With 13
spaces proposed, the requested parking reduction through the parking concession
agreement is 16 spaces.
Public Hearing: March 26, 2013 Page 4
Conditional Use Permit 12-1823, Parking Concession Agreement
9225 Las Tunas Drive
ANALYSIS:
For the zoning designation and land use compatibility, staff concludes that the project is
consistent with its land use designation and is compatible with the established business
pattern of the area. The proposed use is a permitted use through a Conditional Use
Permit and the current improvement on the site is large enough to accommodate the scale
of the business. Vehicular access can be taken from the abutting street - Las Tunas Drive,
which is a regional thoroughfare improved with the capacity to handle the traffic generated
by the business. Although the site cannot provide the required number of off-street
parking, the ample on -street parking spaces in the vicinity can mitigate the deficiency.
Lack of off-street parking is a known and chronic problem in the Downtown Specific Plan
(DSP) area, which has been a limitation for zoning approval of many desired businesses.
In an attempt to address the problem, DSP provides a number of incentives to allow
reduction of off-street parking for identified businesses and/or site improvements. Two
incentives are notable and pertinent to the proposed project, referenced in DSP as "Mid -
block Pedestrian Passageway Incentive" and "Restaurant Development Incentives". Each
incentive program allows up to 20% reduction on the required off-street parking; however,
due to minor incompliance with the program criteria, no incentive is applied for the project.
Still, the provision of the incentive programs represents the goals of the DSP in which a
comprehensive approach is critical to the effort of revitalizing the City's downtown
commercial districts.
The adoption of the zoning amendment to allow discretionary review on the off-street
parking through a parking concession agreement is the result of such an approach. The
zoning amendment is preceded by the completion of the City's Comprehensive Downtown
Parking Strategic Plan which, in its studies, revealed both the complex nature of the issue
and the opportunities. The study provides that parking facilities in the city are not evenly
utilized among different districts. In the East and West Commercial districts, on -street
parking is notably under-utilized, due to the types of businesses established in those
areas. Such a phenomenon presents an opportunity to the city: the zoning standards
should be required and analyzed in the site-specific circumstance in order to effectively
facilitate economic development.
In pursuing the opportunity presented by the Comprehensive Downtown Parking Strategic
Plan and the zoning regulation, staff conducted a series of site visits to survey the on -
street parking located in the vicinity of the project site. With the consideration that parking
overflow into the residential area is undesirable, the data collected does not include on -
street parking spaces in front of any residential properties located on the same block. A
total of 43 on -street parking spaces are identified, including 27 on both sides of Las Tunas
Drive which is the abutting street. The street segments considered in the survey can also
be found in the maps provided in Attachment 4.
The result of the survey suggests that an average of 48.8% on -street spaces were
unoccupied during the lunch peak hours, which are projected as between 12:00 pm to
2:00 pm; approximately 70% of the on -street spaces are unoccupied during the evening
Public Hearing: March 26, 2013 Page 5
Conditional Use Permit 12-1823, Parking Concession Agreement
9225 Las Tunas Drive
hours, which are projected as between 7:00 pm to midnight. To mitigate the 16 spaces
onsite parking deficiency, only 40% of the total on -street parking spaces is needed. Thus,
a quick conclusion can be drawn from the survey that the available on -street spaces
located in the vicinity is sufficient to satisfy the demand resulting from the onsite parking
shortfall of the project.
A closer look at the type of businesses in the area provides an explanation. Most of the
businesses in the area are retail or service businesses which generally close around 7:00
p.m. on a regular business day. Many businesses are improved with a private parking lot
and their parking demand could be satisfactorily accommodated by on-site supply. Two
larger businesses (Lucy's Bridal Shop and Coldwell Banker) located directly across the
street from the subject site exemplify the circumstance. During the site visits, staff notices
that the parking lots of the two businesses always have available spaces for additional
parking, and the on -street spaces on Las Tunas Drive which directly abuts the two
business sites are largely unoccupied.
In conclusion, the result of the survey conducted for the project is consistent with the
information contained in the Comprehensive Downtown Parking Strategic Plan. On -street
parking in the area is largely under-utilized and the number of available spaces is sufficient
to mitigate the off-street parking shortfall projected for the project. A parking concession
agreement is therefore a proper mechanism to relax the off-street parking standard
required for the project. Staff recommends that the agreement grant the project an off-
street parking reduction of 16 spaces, as requested. Also recommended is an impact
mitigation fee at a lump sum of $3,750, paid onetime and prior to the issuance of a
business license for the business.
The followings are the required findings on which staff's opinion is founded.
Conditional Use Permit:
1. That the site for the proposed use is adequate in size, shape, topography and
circumstances to sustain the proposed use;
The subject lot contains a land area of 8,000 square feet and is improved with a 4,300
square foot commercial building, which will be reduced to 2,897 square feet through
demolition of the rear 1,403 square feet. Although onsite parking is considered
inadequate, the parking concession agreement along with the available on -street parking
of the area will mitigate the impact of the onsite parking shortfall.
2. That the site does have sufficient access to streets and highways, adequate in
width and pavement type to carry the quantity and quality of traffic generated
by the proposed use;
The subject site is directly abutting a regional thoroughfare (Las Tunas Drive), which is
improved with the capacity to handle the traffic that will be generated by the proposed
use; and
Public Hearing: March 26, 2013 Page 6
Conditional Use Permit 12-1823, Parking Concession Agreement
9225 Las Tunas Drive
3. That the proposed use will not have an adverse effect upon the use,
enjoyment or valuation of adjacent property or upon the public welfare.
The proposed use is consistent with its land use designation and with the related
parking concession agreement; the use will not cause an adverse effect on adjacent
uses. The project will help revitalize the business activities of the area, which is the goal
provided by the Downtown Specific Plan. Traffic impact has been assessed and survey
conducted for the project suggests that the amount of unoccupied spaces in the vicinity
will offset the onsite parking shortfall.
Parking Concession Agreement:
1. The off street parking reduction is not greater than twenty five percent (25%),
unless a greater reduction is determined by the city to be warranted under the
circumstance;
Staff determines that the number of off-street parking reduction is warranted under the
circumstance. The project is surrounded by service-oriented businesses, many of which
are provided with adequate onsite parking. Demand for on -street parking is minimal and
survey on the utilization of the on -street parking suggests that ample spaces will be
available to offset the off-street parking shortfall of the project.
2. The off street parking reduction does not create a reasonably foreseeable
adverse impact on traffic circulation, public safety or the environment;
Studies of the Comprehensive Downtown Parking Strategic Plan as well as the survey
conducted by staff for the project both suggest that the impact of the onsite parking
shortfall can be mitigated. The utilization rate of on -street spaces in the immediate
vicinity is around 55% (according to the strategic plan), which will offset the onsite
shortfall by providing the required number of parking spaces on the street.
3. The owner/developer has obtained a written agreement appropriate for
recordation entitling the proposed project to share off street parking with one
or more adjacent or proximately located sites which provide sufficient excess
off street parking to absorb the proposed reduction in off street parking on the
applicant's site; or alternatively, the owner/developer will pay an off street
parking impact mitigation fee as determined to be warranted by the city under
the circumstances; or some combination of the above;
Since the projected available on -street spaces will be sufficient to offset the on-site
shortfall, staff determines that a shared parking agreement is unnecessary due to the
complicated nature of the matter involving property titles and development rights. A
mitigation fee can be used to satisfy the requirement and is warranted under the
circumstance. Staff recommends a lump sum and onetime parking concession fee of $
3,750 be imposed as a condition of entering a parking concession agreement.
Public Hearing: March 26, 2013
Conditional Use Permit 12-1823, Parking Concession Agreement
9225 Las Tunas Drive
Page 7
4. The owner/developer agrees to construct improvements (whether on site or off
site) that encourage and facilitate alternative modes of transportation and that
promote transportation demand management and trip reduction measures
including, but not limited to, provision of bicycle racks and/or lockers, electric
vehicle charging stations, bus turnouts, bus shelters and shuttle services
from public parking facilities or off site private parking facilities.
The project proposes to install 12 bike racks in the rear parking lot. The proposed site
design also helps create a pedestrian friendly environment. Both improvements will
result in encouraging alternative travel modes. In pursuing the intent and benefit of this
requirement, staff determines that the project fulfill the requirement satisfactorily.
RECOMMENDATION:
Staff determines that the project is categorically exempt from CEQA review under the
provision of CEQA Guidelines, §15301 (Existing Facilities).
Staff recommends that the Planning Commission
a. Concur with staff's determination that the project is categorically exempt under the
CEQA Guidelines, §15301 (Existing Facilities). No further CEQA review is required.
b. Approve Conditional Use Permit 12-1823, based upon the findings provided in this
report, and subject to the conditions contained in the Draft Resolution.
c. Recommend to the City Council to review and approve the proposed Parking
Concession Agreement and the imposition of $3,750 one time impact fee through a
resolution.
Attachments: 1.
Staff Draft Resolution
2.
Reduced Plans
3.
Photos from Other Locations of the Business
4.
On -street Parking Availability Survey
5.
Maps of the On -street Parking Study of the Comprehensive
Downtown Parking Strategic Plan
6.
Vicinity Map
7.
Zoning Map
8.
Aerial Photograph
9.
Draft Parking Concession Agreement
Attachment 1
RESOLUTION 12-2368 PC Draft
A CONDITIONAL USE PERMIT AND PARKING CONCESSION AGREEMENT
TO ALLOW THE ESTABLISHMENT OF A RESTAURANT AT 9225 LAS TUNAS
DRIVE. THE BUSINESS WILL BE CONDUCTED IN A 2,897 SQUARE FOOT
COMMERCIAL BUILDING WITH A PROPOSED CAPACITY OF 46 INDOOR
SEATS AND 28 OUTDOOR SEATS. THE HOURS OF OPERATION ARE
PROPOSED AS FROM 7:00 AM TO 1:00 AM, SEVEN DAYS A WEEK. THE
PARKING CONCESSION AGREEMENT IS REQUESTED TO ALLOW THE
BUSINESS WHICH CANNOT PROVIDE THE REQUIRED ONSITE PARKING.
THE SUBJECT SITE IS LOCATED IN THE CITY'S WEST COMMERCIAL
DISTRICT BY THE DOWNTOWN SPECIFIC PLAN. (CUP 12-1823/PHOENIX
FOOD BOUTIQUE)
The Planning Commission of the City of Temple City does hereby resolve:
SECTION 1. Based upon information for the above Conditional Use Permit, the
Planning Commission finds:
FOR THE CONDITIONAL USE PERMIT:
1. That the site for the proposed use is adequate in size, shape, topography
and circumstances to sustain the proposed use;
The subject lot contains a land area of 8,000 square feet and is improved with a
4,300 square foot commercial building, which will be reduced to 2,897 square
feet through demolition of the rear 1,403 square feet. Although onsite parking is
considered inadequate, the parking concession agreement along with the
available on -street parking of the area will mitigate the impact of the onsite
parking shortfall.
2. That the site does have sufficient access to streets and highways,
adequate in width and pavement type to carry the quantity and quality of
traffic generated by the proposed use;
The subject site is directly abutting a regional thoroughfare (Las Tunas Drive),
which is improved with the capacity to handle the traffic that will be generated by
the proposed use; and
3. That the proposed use will not have an adverse effect upon the use,
enjoyment or valuation of adjacent property or upon the public welfare.
The proposed use is consistent with its land use designation and with the related
parking concession agreement. The use will not cause an adverse effect on
adjacent uses. The project will help revitalize the business activities of the area,
which is the goal provided by the Downtown Specific Plan. Traffic impact has
been assessed and survey conducted for the project suggests that the amount of
unoccupied spaces in the vicinity will offset the onsite parking shortfall.
Resolution 12-2368 PC Page 2
Conditional Use Permit 12-1823
9225 Las Tunas Drive
FOR THE PARKING CONCESSION AGREEMENT:
1. The off street parking reduction is not greater than twenty five percent
(25%), unless a greater reduction is determined by the city to be warranted
under the circumstance;
Staff determines that the number of off-street parking reduction is warranted
under the circumstance. The project is surrounded by service-oriented
businesses, many of which are provided with adequate onsite parking. Demand
for on -street parking is minimal and survey on the utilization of the on -street
parking suggests that ample spaces will be available to offset the off-street
parking shortfall of the project.
2. The off street parking reduction does not create a reasonably foreseeable
adverse impact on traffic circulation, public safety or the environment;
Studies of the Comprehensive Downtown Parking Strategic Plan as well as the
survey conducted by staff for the project both suggest that the impact of the
onsite parking shortfall can be mitigated. The utilization rate of on -street spaces
in the immediate vicinity is around 55% (according to the strategic plan), which
will offset the onsite shortfall by providing the required number of parking spaces
on the street.
3. The owner/developer has obtained a written agreement appropriate for
recordation entitling the proposed project to share off street parking with
one or more adjacent or proximately located sites which provide sufficient
excess off street parking to absorb the proposed reduction in off street
parking on the applicant's site; or alternatively, the owner/developer will
pay an off street parking impact mitigation fee as determined to be
warranted by the city under the circumstances; or some combination of the
above;
Due to the nature of the matter which involves property title and development
rights, the effort of the owner/developer to acquire a shared parking agreement
with the adjacent properties has not been successful. Under such circumstances,
Staff decides to use mitigation fee as the alternative and recommends that a
lump sum and onetime fee of $ 3,750 be imposed as a condition of entering a
parking concession agreement.
4. The owner/developer agrees to construct improvements (whether on site or
off site) that encourage and facilitate alternative modes of transportation
and that promote transportation demand management and trip reduction
measures including, but not limited to, provision of bicycle racks and/or
lockers, electric vehicle charging stations, bus turnouts, bus shelters and
shuttle services from public parking facilities or off site private parking
Resolution 12-2368 PC
Conditional Use Permit 12-1823
9225 Las Tunas Drive
facilities.
Page 3
The project proposes to install 12 bike racks in the rear parking lot. The proposed
site design also helps create a pedestrian friendly environment. Both
improvements will result in encouraging alternative travel modes. In pursuing the
intent and benefit of this requirement, staff determines that the project fulfill the
requirement satisfactorily.
SECTION 2. This project is found to have no significant effects upon the
environment, and is Categorically Exempt from environmental review per CEQA
Guidelines, §15301 (Existing Facilities).
SECTION 3. Accordingly, Conditional Use Permit 12-1823 is approved, subject
to the following conditions:
1. Development plans and tenant improvements shall be in substantial
compliance with the submitted plans, date stamped December 05, 2012
except as modified herein.
2. The business shall have a maximum of 74 seats for the total of indoors
and outdoors. An increase in the maximum number of seats shall require
a modification of this Conditional Use Permit and/or the review and
approval of the Community Development Department.
3. Hours of operation shall be limited to 11:00 a.m. to 1:00 a.m., seven days
a week.
4. Landscape plans shall be reviewed and approved by the Community
Development Department. In particular, landscape plans shall incorporate
improvements to the parking lot on the property, including but not limited
to, resurfacing the parking lot and providing landscaping in applicable area
to the extent possible.
5. Lighting for the parking lot shall be designed to shield to confine light
within the site boundaries.
6. An existing non -conforming rooftop sign on the building shall be removed.
Any proposed signage shall be subject to the review and approval of the
Community Development Department.
7. The property owner shall properly maintain the outside dining area after
the hours of operation and be responsible for controlling loitering, smoking
(pursuant to California State Government Code) and other conduct of
individuals on the premises and immediately outside the premises.
Resolution 12-2368 PC
Conditional Use Permit 12-1823
9225 Las Tunas Drive
Page 4
8. The applicant shall install a total of 12 lock spaces in the private parking
lot of the subject site. The type of bike racks, location, and installation
shall be subject to the review and approval of the Community
Development Department.
9. Detailed plans for the exterior improvements to the building shall be
submitted and reviewed by the Community Development Department
through the City's "Site Plan Review" process. The design, colors, and
materials shall be subject to the approval of the Community Development
Department.
10. Building Permits shall be obtained for the proposed tenant improvements;
Additional safety and security measures may be required in conjunction
with the plan check review process.
11. There shall be no on-site consumption of alcoholic beverages. A separate
public hearing is required if consumption of alcoholic beverages is desired,
subject to the approval of the Planning Commission.
12. If the operation of the business causes serious concerns regarding
increased Sherriff's patrols, issues related to public safety, and/or
significant traffic impact, staff may cause another public hearing to re -review
the Conditional Use Permit. Depending on the nature of the problem, the
Planning Commission many consider imposing additional conditions, and/or
revocation of the approval of this Conditional Use Permit, subject to the
procedure and the findings set forth in the Zoning Code.
13. No formal or informal entertainment shall be permitted at any time, without
a modification of this Conditional Use Permit.
14. All activities and functions of the site shall be subject to the City's Noise
Ordinance. Any violation of the City's Noise Ordinance as contained in
Section 9280-9282.1 shall be grounds for revocation of this Conditional
Use Permit.
15. Stormwater Pollution: The property owner shall meet all requirements of
the National Pollutant Discharge Elimination System (NPDES) related to
pollutants; runoff or non-stormwater discharges (TCMC 8100-8405).
Additionally, the property owner needs to be reviewed and approved by
the City's NPDES consultant before any building permits are issued.
16. Disposal of Construction Waste: No construction activity waste or material
of any kind, including plaster, cement, paint, mud, or any other type of
debris or liquid shall be allowed to be disposed of in the street or gutter,
storm drain or sewer system. All debris spills shall be removed daily and
Resolution 12-2368 PC
Conditional Use Permit 12-1823
9225 Las Tunas Drive
Page 5
the subject site shall use necessary dust control measures. Failure to
comply with this condition will result in charges being filed with the District
Attorney.
17. All goods and materials associated with the restaurant shall be stored
within the building at all times.
18. The restaurant use shall be in full compliance with all applicable health
and safety standards, as well as all requirements of industrial waste.
19. The restaurant shall be required to install emission and odor control
devices required by the South Coast Air Quality Management District and
as applicable, Los Angeles County Health Department regulations. Such
systems shall be installed and operable prior to the issuance of occupancy
permits for this restaurant.
20. The Conditions of Approval contained in this Resolution may be enforced
by the Sheriff's Department, as well as City Staff. Any violation of any
condition is a misdemeanor and may be processed directly by criminal
complaint.
21. This Conditional Use Permit shall expire 24 months from the date of
approval if said Conditional Use Permit is not exercised within that time. If
the project is not commenced prior to the expiration date, the applicant may
apply in writing for an extension of time at least forty (40) days before the
expiration date.
22. A blue line sheet containing each page of this resolution shall be
included in the construction plans at the time of building plan check
submittal.
23. This Resolution shall not become valid until such time that the
applicant/property owner has signed a copy of the Resolution
acknowledging acceptance of the Conditions of Approval. Violations
of these conditions as contained herein shall be grounds for
revocation of this conditional use Permit.
24. The Conditional use Permit shall not become valid until the City
Council's approval of the parking concession agreement.
25. The Parking Concession Agreement shall be executed prior to the
occupancy of the building and shall remain in full effect thereafter. In
particular, an impact mitigation fee of $3,750 shall be paid prior to
the issuance of a business license.
Resolution 12-2368 PC
Conditional Use Permit 12-1823
9225 Las Tunas Drive
Page 6
SECTION 4. The Secretary shall certify to the adoption of this resolution.
Chairman
I hereby certify that the foregoing Resolution was adopted by the Planning
Commission of the City of Temple City at a meeting held on the 26th of March, 2013, by
the following vote:
AYES:
Commissioner -
NOES:
Commissioner -
ABSENT:
Commissioner -
ABSTAIN:
Commissioner -
Secretary
READ, APPROVED AND CONDITIONS ACCEPTED:
Berng V. Yeh, Property Owner Date
Tom Chang (Phoenix Food Boutique)/Applicant Date
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Attachment 3
City of Industry/exterior
Arcadia
City of Industry/interior
r�
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I
atumm" AWN
Date
Day
Time
Total Unoccupied
Total On -street
Percentage of
Parking in the area
Unoccupied
12/19/2012
Wednesday
1:00 P.M.
21 Spaces
43 Spaces
148.8%
01/02/2013
Wednesday
1:00 P.M.
21 Spaces
43 Spaces
148.8%
01/03/2013
Thursday
1:00 P.M.
21 Spaces
43 Spaces
148.8%
01/03/2013
I Thursday
7:30 p.m.
34 Spaces
43 Spaces
79%
01/17/2013
Thursday
7:00 p.m.
138 Spaces
143 Spaces
88%
01/18/2013
I Friday
17-8 p.m.
130 Spaces
143 Spaces
70%
01/19/2013
Saturday
7-8 p.m.
29 Spaces
43 Spaces
67%
01/20/2013
Sunday
7-8 p.m.
21 Spaces
43 Spaces
48.8%
Lunch Peak Avg. 21 Spaces 48.8%
Evening Peak Avg. 30.4 Spaces 70%
Total available on -street spaces: 21 spaces
Percentage of available spaces: 48.8%
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9 spaces both sides
2 available
7 space both sides •
2 availaSle
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Total of 13 spaces Sys
8 availwas•WOOD
ablee ®
' • woo
® Total of 14 spaces
, woo
� • 9 availaple_
E! as -Tuna
% Coldwell Banker
'+ Sana Lucy's 17 onsite spaces 24 onsite spaces p
"r`''u (7.000 SF. 28 reouired)
(5,565 SF, 23 spaces required)
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' Date: 12/19/2012, Wednesday
Time: 1:00 p.m.
® • . • ® • ® = Street segments included in the survey
Total available on -street spaces: 21 spaces
Percentage of available spaces: 48.8%
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9 spaces both sides
(1nro.9tF.
3 available ,
7 spaces, both sides
rn
1 available
s• m
Total of 13 spaces
' 9 available , 9
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moo • 8 avaijaple,:
cs
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Coldwell Banker
Fl rye Lucy's 17 onsite spaces 24 onsite spaces w
(7.000 SF. 28 reauired) (5,565 SF, 23 spaces required) s a
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R•.nk.• 6, rrs:P�l
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Date: 1/02/2013, Wednesday
n
w Time: 1:00 p.m,
® • .. ® _ . Street segments included in the survey
Total available on -street spaces: 21 spaces
Percentage of available spaces: 48.8%
Hermosa Cr
or
rn '
y.
y Q
� fJ3
I�Hnif q5 '5110„apt..
9 spaces both sides
2 available,
7 spaces, both sides ■
2 available
`r
s• m
Total of 13 spaces ■ s-Tji'a-JqO,*
7 available . ® y
■
y ■ Total of 14 spaces
• 10, available
. Su;- Peh:
% Coldwell Banker
7onir: Sane Lucy's 17 onsite spaces 24 onsite spaces
Repw (7.000 SF. 28 reauired)
(5,565 SF, 23 spaces required)
Date: 1/03/2013, Thursday
Time: 1:00 p.m.
E 105 Puna
� G.vna
s=.u�
• .... . • Street segments included in the survey
Total available on -street spaces: 34 spaces
Percentage of available spaces: 79%
Hel ur
1111111111111T
M
9 spaces both sides
11 4 available
7 spacesboth sides
rr
7 avallahle
iii
Total of 13 spaces
12 available
011 " 000 M
Total of 14 spaces
Coll Banker
Lucy's 17 onsite spaces 24 onsite spaces
Gl a0 (7.000 SF. 28 rel (5,565 SF, 23 spaces required)
Date: 1/03/2013, Thursday
Time: 7:30 p.m.
. . .... Street segments included in the survey
Total available on -street spaces: 38 spaces
Percentage of available spaces: 88%
rn
Humwmu Dr
7 space,9 both sides
M
5 availaMle
wo
U IIIIIIIIIIIS
■
P 9 spaces both sides
8 available
E Las Tuna
Total of 13 spaces -M,1000
11 available
Total of 14 spaces
14a#j#b e 4
Coldwell Banker
Lucy's 17 onsite spaces 24 onsite spaces
(7.000 SF, 28 rectuired) (5,565 SF, 23 spaces required)
It,
Date: 1/17/2013, Thursday
Time: 7:00 p.m.
F.
. . . . . . Street segments included in the survey
Total available on -street spaces: 30 spaces
Percentage of available spaces: 69.76%
Hermosa Or
i5 r
F,.
9 spaces both sides
7 available
7 space-Tboth sides ■
'm
4 available
Total of 13 spaces
R
10 available
U
Won
■ 2� ■Total of 14 spaces
9pq A, I, ,
able
1LLas-fufla
Coldweli Banker
Srf,�Lucy's 17 onsite spaces 24 onsite spaces
a C?w
(7.000 SF. 28 reouired) (5,565 SF, 23 spaces required)
Date: 01/18/2013, Friday
Time: 7-8 p.m.
Street segments included in the survey
Total available on -street spaces: 29 spaces
Percentage of available spaces: 67.4%
Hermosa Cr
C11
m
m y
m �
w
tj
9 spaces both sides
4 available
7 spaceoboth sides
3 availahle
- a
Total of 13 spaces s -Term
13 available _ - y
L;as-�una
y�
v " —Total of 14 spaces
9 available
Coldwell Banker
"^ Lucy's 17 onsite spaces 24 onsite spaces
17.000 SF. 28 reeuiredl (5,565 SF, 23 spaces required) s:
�:flKm' nNYift5f'f �
W
' Date: 01/19/2013, Saturday
Time: 7-8 p.m.
• _ _ Street segments included in the survey
Total available on -street spaces: 21 spaces
Percentage of available spaces: 48.8%
1lerrnosn Dr
-r 6;t.rt
or
M
Alley
z
in
I
■
7 spacecMboth sides
1 availale
a
Total of 13 spaces
10 available
°
` Total of 14 spaces
■
+f
Now °
7, pV#jIq.Ple
Pirorrkrr�rh'{ �
ID
vin::�nYr. <n
r,11 ■
9 spaces both sides
3 available 'T
0
a
1r i .as - iUrla
A. Coldwell Banker
^Ts; x Lucy's 17 onsite spaces 24 onsite spaces
(7.000 SF. 28 reouired) (5,565 SF, 23 spaces required)
w
fi.ena- rrp,as;�pl m
w
IT' Date: 01/2012013, Sunday
J Time: 7-8 p.m.
r
m
. • ..... . Street segments included in the survey
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!Legend
0 % - 55% Occupied 71% - 85% Ox pied
56%-70%Ocwpied -86%-100%0ccupied
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DOWNTOWN PARKING STRATEGIC PLAN
FMFJ � 0 "=°° •°k• Area 2/2 Saturday 1:00 PM Public Parking Occupancy
•`•"• i are.. uy....a.o' Exhibit 11
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Attachment 8
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i *lift
9225 Las Tunas Drive
Sultana - Loma Block
90771 -as Tunas Drive
1,248S s.f.
13 Spaces
44
T— 9093 Las Tunas Drive
.aP 3,200 s.f.
32 Spaces
9067 Las Tunas Drive
44 Spaces z 1s
9119 Las tunas drive
5,722 s.f.
58 spaces
—_l11011 II IL
II �
9136 Las Tunas Drive
4,999 s.f.
50 Spaces
folk, t,6
r,Men
I;
tj
I� o
' 9116 Las Tunas Drive
SGT 464 s.f.
5 spaces
9100 Las Tunas Drive
2,375 s.f.
24 spaces
9082 Las Tunas Drive
F-
1,287 s.f. + 966 s.f.
15 spaces
a
Loma -Encinita
0
ruln
i3 4
9144 Las Tunas
1,260 s.f. ( year 9150 Las Tunas Drive
13 Spaces 2,960 s.f.
30 Spaces
r-- 9177 Las Tunas Drive
4,089s.f.
Las Tunas Drive �; y�{�,� 41 Spaces
'Os.f.
Spaces
G=IRV
!-7
Las Tunas Drive
0 S� s.f.
paces
W
9160 Las Tunas
2,750 s.f.
28 Spaces
9170 Las Tunas Drive
6,700 s.f.
67Spaces
1 ` e,11W
it
)l 78 Las Tunas Drive
3,200 s.f.
32 Spaces
.AM...
Encinita - Alessandro
9209 Las Tunas Dr.
9219 Las Tunas Drive 2,474 s.f. 3,115 s f.
-
5912 Encinita Ave 25 Spaces ,; ` 32 Spaces
796 s,f. +_= T _,.► �,
8 Spaces
a
9237 Las Tunas C
,� + 7,180 s.f.
n 72 Spaces
!/Q r
40
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04
y
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9226 Las Tunas Drivf
7,000 s.f.
I r 70 Spaces
r� •41
tML
9200 Las Tunas Drive 9216 Las Tunas Drive
2,612 s.f. 2,718 s.f.
27 Spaces (18 provided) 28Spaces
Alessandro - Oak
5912 Alessandro Ave
10,783 s.f.
108 Spaces
9413 Las Tunas Drive
13,686 s.f.
137 Spaces
1i rr�
9400-9406 Las Tunas Drive
10,000 s.f.
100 Spaces
MI
5919 Oak Ave
7,208 s.f. (28 for retails
73 Spaces
n
to
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M
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— 9422 Las Tunas Drive - F
-- 2,880 s.f.
29 Spaces
9093 Las Tunas Drive
Oak - Cloverly 22,669 s.f.
Multiple Units
_ _ C Las Tunas Drive
22,669 s.f.
Multiple Units
r�r
an=tm
j
9441 Las Tunas Drive
12,996 s.f. r
Multiple units " .
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Rite Aide
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