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Home My Public Portal AboutResolution 88-2788RESOLUTION 88 -2788 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING MODIFICATION OF CONDITIONAL USE PERMIT NO. 69 -285 A REQUEST BY ROBERT PERNECKY FOR A DRIVE -THRU ADDITION TO AN EXISTING RESTAURANT AND THE UTILIZATION OF AN R -2 ZONED PARCEL OF LAND IMMEDIATELY NORTH OF THE SITE FOR A PARKING LOT TO SUP- PLEMENT PARKING AT 9831 LAS TUNAS DRIVE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon a public hearing for the above referenced Modification of Conditional Use Permit, the City Council finds: 1. That the site for the proposed use is adequate in size, shape, topographs and circumstances in that the addi- tion . of a 50 foot by 180 foot lot to the project site provides adequate area to accommodate the drive -thru and restaurant expansion. 2. That the site has 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 in that two driveways provide direct one -way access to and from Las Tunas Drive. A new driveway at the north end of the site provides one -way access to the site from Agnes Avenue. 3. That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent pro- perty or upon the public welfare in that the acquisi- tions of additional property to the site for parking provides open area that will act as a buffer between the drive -thru and adjacent properties. The 6 foot high concrete block wall surrounding the residentially zoned property will serve to deflect noise away from adjacent properties. Section 2. This project should not result in any significant effects upon the environment. A Negative Declaration has been prepared in accordance with the State CEQA Guidelines. Section 3. Accordingly, the Modification of the Conditional Use Permit is approved subject to the following conditions: 1. This Modification of Conditional Use Permit shall become null and void if the use permitted is not exer- cised within one (1) year from the date of approval; provided that the granting body on good cause shown by the applicant may extend this time limitation for a period not to exceed one (1) year. 2. The proposed drive -thru addition and parking lot shall be in substantial compliance with the submitted site plan date - stamped June 3, 1988, except as modified herein. Specifically, the three .(3) parking stalls proposed to be located immediately north of the build- ing shall be designated and marked "Employee Parking Only ". Enforcement of this parking limitation shall be the responsibility of the property owner. 3. Hours of operation for the restaurant and drive -thru service area shall be limited to between the hours of 6 a.m. and 12 midnight everyday of the week. 4. The driveway connecting to Agnes Street shall be lim- ited to "ingress" only. If requested any time within three (3) years,the property owner shall install "anti - egress" devices as required by the City. A decorative wrought iron sliding gate no more than 42 inches in RESOLUTION 88 -2788 Page 2 height shall be installed at the entrance of the Agnes Avenue driveway; Said sliding gate shall be closed to prevent vehicular access after 8 p.m. daily. 5. That a "right turn only" sign be provided at the drive - thru exit onto Las Tunas Drive. The size and placement of said sign shall be subject to the approval of the Traffic Engineer and the Planning Department. 6. That the proposed parking lot be paved with macadam or asphaltic pavement at a minimum depth of 3 1/2 inches. Such surfacing shall be designed, constructed and maintained as to dispose of all surface water. In no case shall such drainage be allowed across public sidewalks. Also, that the existing restaurant parking area be re- surfaced with a new layer of asphalt and re- striped. 7. That a 6 foot high block wall be constructed along all common property lines which abut the R -2 zoned parcel, except in the front yard area where the height of the wall shall be reduced to three (3) feet and along the west property line of the commercially zoned property to connect with the existing wall on the abutting lot; Said walls and the trash enclosure shall be stuccoed to match the texture and color of the restaurant building or, alternatively, said walls may be constructed of split block -face material, subject to the approval of the Planning Department. 8. A detailed landscape and irrigation plan shall be sub- mitted prior to issuance of building permits. All landscaping shall have automatic sprinklers. Specific- ally, Italian Cyprus trees no less than 6 feet in height shall be planted ten (10) feet on center adja- cent to the north property line. 9. The restaurant shall be equipped with a grease trap or grease interceptor with a minimum capacity to be deter- mined by the Los Angeles County Department of Public Works, Industrial Waste Division and the City Planning Department. 10. "Water proof" trash bins shall be located within the trash enclosure for the disposal of food wastes. The bins shall have lids that are to be kept closed at all times. All foodstuffs disposed in these bins shall be contained in sealed plastic bags or comparable contain- ers before being placed in said bins. 11. Trash and waste contained in the "water proof" bins shall be picked up and removed from the site no less than three (3) times weekly or more often if deemed necessary by the Community Development Director. A detailed trash enclosure plan shall be submitted to the Planning Department for review and approval prior to the issuance of building permits. 12. Floor drains shall be maintained in all food prepara- tion areas in accordance with all applicable Health, Industrial Waste and Building Codes. No food prepara- tion, storage, or the washing of utensils or equipment shall be permitted outdoors. 13. Grease from deep -fat fryers or other similar food preparation equipment should be placed in a separate container(s) and removed from the premises at least once per week or more often if deemed necessary by the Community Development Director. No grease of this nature shall be disposed of into the public sewer system or the trash bins. The storage location of said "grease container(s)" shall be subject to the review and approval of the Planning Department. RESOLUTION 88 -2788 Page 3 14. A "state -of- the -art" low volume speaker post shall be utilized for the drive -thru. The specifications of said speaker shall be subject to the approval of the Planning Department. 15. All loading and unloading of deliveries shall be accom- plished on -site. Trucks and other delivery vehicles shall not park in the public street for loading or unloading purposes. Additionally, no deliveries shall occur between 9 p.m. and 6 a.m. 16. Deliveries to McDonald's shall be accomplished with small unit vehicles such as a 16' straight truck and 27' trailer equipped with liftgates for quick and efficient loading and unloading. The restaurant manager shall be present and shall supervise all deliveries. 17. The property owner shall contribute 50% of the cost of purchasing and installing a traffic signal at the intersection of Las Tunas Drive and Agnes Street, if the City makes a determination within three (3) years from the effective date of this Resolution that such a signal is necessary at the subject intersection. 18. Curbs, gutters, sidewalks: New commercial curbs and gutters shall be installed on Agnes Avenue. Installa- tion of new driveways shall conform to existing drive- ways. Displaced sidewalks around the street trees shall be removed and replaced. 19. Street Trees: Two (2) additional street trees and root barriers in sidewalk tree wells shall be provided along Agnes Avenue. Tree types and sizes shall be specified by the Maintenance Superintendent. A permit shall be obtained from the Maintenance Superintendent prior to planting. 20. Surface Drainage: Parking lot drains shall 'be in- stalled to insure that surface runoff is directed into the public street without surface drainage across the public sidewalk. 21. Underground Utilities: All utility lines shall be placed underground from service point to the building including gas, water, sewer, electricity, telephone and cable TV. Submit an underground utility plan to the Public Works Department showing all underground lines. 22. Permits: Permits shall be obtained prior to commence- ment of any work in the public right -of -way. All work in public right -of -way shall meet L.A. County and City of Temple City standards. 23. The three lots which compose the entire subject site shall, be merged into a single building site. Specific- ally, covenants shall be recorded to consolidate Lots 68, 69 and 70, which comprise the existing commercial site and the R -2 zoned lot immediately to the north. As the property owner and applicant, I hereby acknowledge that I have read, understand and agree to the terms and the above listed conditions relating to the granting oft-Yyis Conditional Use Permit. Owner/Applicant Y /eG �l0 ,-<j//_1(2,.li/t-- 71 /42:S/ztir. = ,Ey 44-71--s/317 RESOLUTION 88 -2788 Page 4 Section 4. The City Clerk shall certify to the adop- tion of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of June, 1988. ATTEST: Chief Deputy City Clerk T hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 5th day of July, 1988, by the follow- ing vote: AYES: Councilmen- Atkins, Breazeal ,Froehle,Gillanders,Swain NOES: Councilmen -None ABSENT: Councilmen -None Chief Deputy ity 'lerk • 1