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HomeMy Public PortalAboutResolution 96-34941 1 RESOLUTION NO. 96 -3494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY MODIFYING THE PLANNING COMMISSION'S APPROVAL OF MODIFICATION OF CONDITIONAL USE PERMIT 82 -668 TO ALLOW A RESTAURANT WITH EXTENDED HOURS OF OPERATION (11:00 A.M. TO 1:30 A.M. DAILY) AND LIVE ENTERTAINMENT IN PRIVATE DINING ROOMS FOR THE PROPERTY LOCATED AT 9669 LAS TUNAS DRIVE IN THE CITY CENTER (CC) DISTRICT OF THE DOWNTOWN SPECIFIC PLAN (PAN) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon testimony received at a noticed public hearing before the City Council and upon facts contained in the Planning Commission Minutes and staff report dated March 19, 1996, the City Council hereby makes the following fmdings. SECTION 2. This project should not result in significant effects upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 3. Accordingly, the City Council's action supersedes the Planning Commission's action and Planning Commission Resolution No. 96- 1802PC and approves the requested Modification based upon the findings contained in Planning Commission Resolution No. 96- 1802PC and subject to the following conditions: 1. The proposed development shall be in substantial compliance with the submitted plans, except as modified herein. 2. The hours of operation for the restaurant shall be between 11 a.m. and 1:30 a.m. daily. If the closing time is deemed to be a public nuisance, contrary to the general welfare of the community, based upon input from City staff and the Sheriff's Department, the granting body may further restrict the closing time after conducting a noticed public hearing. 3. This modification of conditional use permit shall be reviewed in six months; at the review hearing, the granting body shall consider all pertinent information which may be provided by the Sheriff's Department, City staff, neighboring property owners, merchants and interested citizens in determining whether or not to extend the approval for an additional six -month period. At the time of the six -month review, the Commission may schedule subsequent reviews at six -month intervals or at other intervals which may be appropriate. If it is found that the restaurant generates an inordinate number of substantial complaints or disturbances, the granting body may deny the renewal of this CUP; if this CUP is not renewed by the granting body, it shall be deemed null and void, and the premises vacated. At the time of review, the granting body may modify the conditions of approval or add additional conditions of approval as deemed appropriate. 4. All conditions contained in Resolution No. 88- 1415PC are hereby incorporated by reference and made a part of this approval except as modified herein. Specifically, Conditions 2, 12 and 13 of Resolution No. 88- 1415PC are modified by this action; all other conditions shall remain in effect. Resolution No. 96 -3494 Page 2 5. The proposed entertainment, i.e. electric piano music, shall be permitted on the premises as an incidental use to the primary restaurant use. No dancing or karaoke shall be permitted on the premises. A separate conditional use permit is required for live entertainment other than the proposed electric piano music as described in the application and the Planning Commission staff report dated February 13, 1996 and the City Council staff report dated March 19, 1996. 6. In addition to the door(s) located at the entrance of the new V.I.P. rooms, the walls around the french doors shall be incorporated with clear windows from at least 5 feet (approximately) above the floor to the ceiling at a minimum of 50% of the width of the wall in order to allow full and unobstructed viewing into the individual rooms. The glass areas, including the entry door(s), shall not be covered so as to obstruct clear view to within the room. No curtains or other obstructions shall be permitted in front of the glassed areas. The tenant improvement plans shall be subject to review and approval of the Sheriff's Department, Building and Safety and the Community Development Director. 7. The individual rooms shall not have any door locking mechanisms 8. Only furniture directly related to the food service and entertainment uses (such as tables, chairs, organs, electric pianos, serving items) are permitted in the individual rooms; specifically, couches and reclining chairs are prohibited. 9. Management, including the on -duty Manager, shall be responsible to ensure that minors are not permitted to drink alcoholic beverages. 10. Law enforcement personnel shall be permitted access to all areas of the business during posted business hours. The on -duty Manager shall immediately make him/herself known to any uniformed law enforcement personnel inside the location. 11. All persons allowed to remain inside the building when the business is closed shall grant immediate access to the building when requested by any uniformed or readily identifiable peace officer. 12. Exterior building modifications, if any, shall be subject to the review and approval of the Planning Commission based upon input from the Sheriffs Department, the Community Development Department and L.A. County's Department of Building and Safety. Exterior building modifications shall provide for aesthetic building design as well as appropriate safety measures. 13. Interior lighting shall be continuously provided at a level deemed to be adequate by the Community Development Department and the Sheriff's Department for purposes of maintaining safety. 14. Minimum access ways shall be maintained at all times in accordance with the established standards contained in the Los Angeles County Uniform Building Code. 15. The restaurant shall be air- conditioned or heated to provide for a comfortable room temperature; exterior building doors shall remain closed, except for entering and exiting the building. 16. The restroom facility shall be available at all times to the public when the restaurant is open for business. Said restrooms shall be maintained in a safe, clean, healthful and sanitary condition at all times, subject to an inspection and determination of the City's Code Enforcement Officer or Building Inspector. 1 1 1 1 Resolution No. 96 -3494 Page 3 17. Building signage shall be consistent and in conformance with the current sign criteria as contained in the Temple City Downtown Specific Plan and the Zoning Code. Prior to the installation of any signage, a sign application and building permit shall be obtained from the Community Development and Building Departments. 18. Final tenant improvement plans shall be subject to the review and approval of the Community Development Department; said tenant improvement plans shall incorporate all applicable conditions contained herein. 19. A business license shall be obtained for the business. Background checks shall be conducted through the Los Angeles County Sheriff's Department for all business owners and managers. The applicant shall provide the City business license division with the names, social security numbers and driver's license numbers for the business owners and operators. This approval of the subject modification of this conditional use permit is contingent upon the approval of the Sheriff's Department background investigation. 20. The owner /applicant shall obtain all necessary and appropriate permits from the California Department of Alcoholic Beverage Control (ABC) and the Health Department. Approval of this conditional use permit shall serve as the required fording of public convenience and/or necessity, if such a fording is required by the A.B.C. SECTION 4. The City Council hereby makes a determination of public convenience and/or necessity as may be required for the issuance of a liquor license by the California Department of Alcoholic Beverage Control. SECTION 5. Approval of this modification shall be limited to that which is outlined herein; and all conditions of approval applicable to the originally approved project as set forth in Planning Commission Resolution No. 88- 1415PC shall be in full force and effect, except as modified herein. SECTION 6. The City Clerk shall certify to passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON 19TH DAY OF MARCH, 1996 A'1TEST: ,69.710e4 X..e.V.c MAYOR Resolution No. 96 -3494 Page 4 I hereby certify that the foregoing Resolution, Resolution No. 96 -3494 was adopted by the City Council of the City of Temple City at a regular meeting held on 19th day of March, 1996 by the following vote: AYES: Councilman - Gillanders, Souder, Wilson, Breazeal NOES: Councilman-Budds ABSENT: Councilman -None READ, APPROVED AND CONDITIONS ACCEPTED mi C- -,— Applicantdsef Rue Pan Property Owner, Kingston Wang 1 1