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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. El 5. Q 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 49 sf p oonen 49 sr 2 Flaa: plan a III I r E.IISTING 4300 sF 0VILVING 10 pa�FJnO Ypaces A L LAS TUNAS ORNE CENTER LINE St,Pan paoposeo asst sc eulinlNa 19 pa�Ning apacPs(Ircl.ame¢Wle Wacef LAS TUNAS DRIVE CENTER LINE _ Osd LG VO ewp MUZ R11B a1dSZS6Wa1 v se* Sfiuijapuaa xIua0yd llwlad as0 le001ppuo� m a, k= 1 Alhambra 1''ti 'N10h Attachment 3 City of Industry/exterior Arcadia City of Industry/interior r� 0 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% Hermosa Cr 111 o1 r M r s m io IL Fa Id BoAx,r C.9 ', 3 fsR.il#OrS 1q Cl„':il-n: r•s :n: •, 9 spaces both sides 2 available 7 space both sides • 2 availaSle u n, Mm 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) _. Rsn�er cyna<ay ' 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% rltrmuaa Gr MEMIllm- or m n '¢ io p ro 9 spaces both sides (1nro.9tF. 3 available , 7 spaces, both sides rn 1 available s• m Total of 13 spaces ' 9 available , 9 B r' e, is Notal of 14 spaces moo • 8 avaijaple,: cs . s,.;, , PNI, e I -as -Tuna 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 ::ni4we � R•.nk.• 6, rrs:P�l G_ 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 pPA6 a -� *'�spRy, "-03g p7,11 R ted (f v.f' • . v MY w 'v r- a s �.SOP s VJOOpRUFF:A ' ,. ,� F T ��. �� Civic nter NNW, � - I ., ''[ [-�".'�t- • 1 �nxau `i n Y�.�i7Q-�:R..iK OF Jr_ -7 !Legend 0 % - 55% Occupied 71% - 85% Ox pied 56%-70%Ocwpied -86%-100%0ccupied I. Y - DOWNTOWN PARKING STRATEGIC PLAN FMFJ � 0 "=°° •°k• Area 2/2 Saturday 1:00 PM Public Parking Occupancy •`•"• i are.. uy....a.o' Exhibit 11 Za - _! i ^ i_ 41, 0 u _ _e _ _ _c 21, ( r2 (rl » r �2 i m i y -_-_1--Aft ------- -- Jg, - - -- , - - - -03-- � n6 b6fu E wnnnn11 Fr ;7> P si, ':, ' 't ( Sha 51 t 48 77— e'n 11 ^�31- 4e m e < O \J z5 ! p U('1r�{ 19:>�4i i'. f ,N -r�' g j LU . zn �, m; - - "--_1-r'=a--1 ^�. {Z� h.� n u�'+''" 3%�j37i1=so.,Ci3�c _ '1372- `�'+-j-,---- !i"' In`,id-t^c^'�1�a _ i.'pi Im-•• , .`\C1t 1 {•n'1:1 1)^,,J �.,v0 I ' O `n_{ t;I,r"vi 1 j 1`::.t' LAS TUNAS DRIVE m 9�1, -'_v! o.11 4'3r{s�p 4e2 67 i1L7 a5�1 7 iw?3'�F .+14_ 0:+� 1; 39 718 i 1� i71 i70 'G 7Snjr57_ + ,443 osdwE =;-+� �.zl z L<7o r1a .de >! ;! 47 s, v-; �'S2 ; 3': •3>, •3, >9 + ___ �y J] n -3 .3T 'Q _-"---'3Y> r _ J1 'S` ?, 32 w .� 33, LLI 56 1 7 :26 r 29, V -.-i 5: - -= -- - Q --- -- :: - --- _ NO -363. 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PA 4;j 4, f l�>•� 1 { Ill f•I :L 00 +=...s f 31 Attachment 8 t r# W . _.... �' k IW jj y '!� • or M) 4 1, a1 t e _ - rt ; 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 _ OT r � + O fl r .. 04 y '4 is , '1 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 r a..r M ��i, -14 y•_., r r — 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 " . 4 �t :• ;' . . t k Y � � Ralphs ♦' Rite Aide -' 6, - S'Yitl•, ' +h.T