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Home My Public Portal AboutResolution 89-2914RESOLUTION NO. 89 -2914 A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF TEMPLE CITY DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION UPON DENYING MODIFICATION OF CONDITIONAL USE PERMIT 82 -668 TO ALLOW EXTENSION OF HOURS OF OPERATION UNTIL 1:00 A.M. AND AMENDING CERTAIN CONDITIONS OF CUP 82 -668 AT 9669 LAS TUNAS DRIVE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Based upon a public hearing to consider the appeal of the Planning Commission's denial, City Council made the findings as stated in Resolution No. 89- 1523PC. Section 2. The City Council hereby modifies conditions seven (7) and eight (8) of Resolution No. 88- 1415PC (Exhibit A) to read as follows: 7. A separate "waterproof" trash bin shall be located on the premises for the disposal of food wastes. The bin shall have lids that are to be kept closed at all times. All foodstuffs disposed in this bin shall be contained in sealed plastic bags or comparable containers before being placed in said bin. The cost of providing the additional "waterproof" trash bin shall be the responsi- bility of the restaurant operator or the property owner. 8. Trash and waste contained in the "waterproof" bin shall be picked up and removed from the site no less than three times weekly or more often if deemed necessary by the Community Development Director. Any additional cost for the three times per week trash removal shall be the responsibility of the restaurant operator or the property owner. Section 3. Accordingly, modification of CUP 82 -668 is other- wise hereby denied for the reasons as set forth in Resolution No. 89- 1523PC. Section 4. The City Clerk shall certify to the passage and adoption of this resolution. APPROVED AND ADOPTED this 7th day of November, 1989. MAYOR Resolution No. 89 -2914 ATTEST: Page 2 I hereby certify that the foregoing Resolution, Resolution No. 89 -2914 was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 7th day of November, 1989 by the following vote: AYES: NOES: ABSENT: Councilmember- Atkins,Breazeal ,Gillanders,Swain,Froehle Councilmember -None Councilmember -None 1 1 1 1 1 RESOLUTION NO. 88- 1415PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING MODIFICATION OF CONDITIONAL USE PERMIT 82 -668, A REQUEST BY KAISEN FANG TO ALLOW THE OPERATION OF A RESTAURANT WITH A PROPOSED SEATING CAPACITY OF 96 PERSONS IN LIEU OF A PREVIOUSLY AP- PROVED RESTAURANT /NIGHTCLUB AT 9669 LAS TUNAS DRIVE The Planning Commission of the City of Temple City does hereby resolve: Section 1. Based upon a public hearing for a Modification of Conditional Use Permit to allow the operation of a restau- rant located at 9669 Las Tunas Drive, the Planning Commission finds: CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size, shape, topography and circumstances in that the site has 50 feet of street frontage on Las Tunas Drive and a length of 110 feet for a total land area of approximately 5,500 square feet or 0.13 acres; and 2. That the site has sufficient access to streets and high- ways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use in that Las Tunas Drive is a primary road with a 100 foot wide right -of -way and a 70 foot wide roadway and Kauffman Avenue is a local road with a 60 foot wide right - of -way and a 36 foot wide roadway surface; and 3. That the proposed use will not have any adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare in that the site is zoned for retail commercial development and the development of such a project would implement the land use policy of the Temple City General Plan. Also, the project is served by a vehicle parking district that has a sufficient number of parking spaces to meet the parking needs of the proposed restaurant and the surrounding commercial land uses. Section 2. This project should not result in any signifi- cant effects upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. Section 3. Accordingly, the Conditional Use Permit and Zone Variance are approved subject to the following conditions. RESOLUTION NO. 39 -2914 Exhibit A Resolution No. 88- 1415PC Mod. of CUP No. 82 -668 Date of Hearing: March 22, 1988 Page 2 1. This Modification of Conditional Use Permit shall become null and void if the use permitted is not exercised within one year from the date of approval; provided that the granting body upon good cause shown by the applicant may extend this time limitation for a period not to exceed one (1) year. 2. The proposed restaurant shall be in substantial compliance with the submitted floor plans, building elevations and sign plans date stamped February 25, 1988. Specifically, the front of the building shall be stuccoed and improved with wood trim as shown on the submitted plans. Addition- ally, the existing awning shall be replaced with a new canvas awning and the awning frame shall be straightened. 3. The maximum seating capacity of the restaurant shall be limited to 96 persons. 4. The restaurant shall be equipped with a grease trap and /or grease interceptor subject to the satisfaction of the City Planning Department and the Los Angeles County Department of Public Works, Industrial Waste Division. 5. No food preparation, storage or the washing of utensils or equipment shall be permitted outdoors. 6. Floor drains shall be maintained in all food preparation areas in accordance with all applicable Health, Industrial Waste, and Building Codes. 7. A separate "waterproof" trash bin shall be located within the nearest trash enclosure for the disposal of food wastes. The bin shall have lids that are to be kept closed at all times. All foodstuffs disposed in this bin shall be contained in sealed plastic bags or comparable containers before being placed in said bin. The cost of providing the additional "waterproof" trash bin shall be the responsibility of the restaurant operator or the property owner. Any other food - serving establishment located within the block MAY share the expense and utilize the "waterproof" bin, if such arrangements can be made. 8. Trash and waste contained in the "waterproof" bin shall be picked up and removed from the site no less than three times weekly or more often if deemed necessary by the Community Development Director. Any additional cost for the three times per week trash removal shall be the re- sponsibility of the restaurant operator or the property owner. Any other food - serving establishment located within the block MAY share the expense and utilize the "waterproof" bin, if such arrangements can be made. 1 1 1 1 1 1 Resolution No. 88- 1415PC 'Mod. of CUP No. 82 -668 Date of Hearing: March 22, 1988 Page 3 9. Grease from deep fat fryers or other similar food prepara- tion equipment must 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 Develop- ment 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 review and approval of the Planning Depart- ment. 10. The restaurant and (bar) cocktail lounge approved by this application shall be owned and operated by a single busi- ness entity. Any splitting of the business ownership or any subdivision of the existing structure shall require the approval of a separate conditional use permit. 11. Except for customer passage and trade use the rear door and front door of the building shall remain closed at all times. 12. The hours of operation shall be limited to between 11:00 A.M. and 10:30 P.M. seven (7) days a week. 13. No dancing and no live music or entertainment shall be permitted on the premises. Section 4. The Secretary shall certify to the adoption of this Resolution. vimmard Chairman I hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temple City on the 22nd day of March, 1988, by the following vote: AYES: NOES: ABSENT: Commissioners Muto, Coolman, Seibert, Griffiths and Chairman Breazeal