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HomeMy Public PortalAboutResolution 02-40791 1 RESOLUTION NO. 02 -4079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY UPHOLDING THE DECISION OF THE PLANNING COMMISSION BY APPROVING CONDITIONAL USE PERMIT 02 -1487 FOR A TAPIOCA EXPRESS RESTAURANT AT 5528 ROSEMEAD BOULEVARD (TAPIOCA EXPRESS /SHEN) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon information contained in the staff report to the City Council and information contained in the Planning Commission staff report as well as the Planning Commission minutes; and based upon testimony received at a noticed pubic hearing before the Planning Commission on April 9, 2002 and testimony received at a noticed public hearing before the City Council on May 7, 2002, the City Council approves the Conditional Use Permit based upon the findings contained in Planning Commission Resolution No. 02- 2010PC. 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 upon 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, Conditional Use Permit 02 -1487 is hereby approved subject to the conditions of approval as stated in Resolution 02- 2010PC, except as modified and augmented by the City Council action. Specifically, Condition #3 below was modified to provide for a 10:00 p.m. closure and Conditions #19 and #20 were added to the 18 Conditions contained in Resolution 02- 2010PC. In summary, the subject use is hereby approved, subject to the following conditions of approval: 1. The proposed development shall be in substantial compliance with the submitted development plans dated February 1, 2002, except as modified herein. 2. The exterior building facade shall match the coloring, design and materials indicated on the submitted colored elevations. The exterior building facade shall be subject to the review and approval of the Community Development Department prior to the issuance of building permits. 3. Hours of operation shall be limited from 11:00 a.m. to 10:00 p.m., everyday of the week. 4. A six - foot -high block wall shall be constructed along the rear of the property, subject to the review and approval of the Community Development Department. 5. All parking stalls shall meet the minimum size requirement of 9'x20' and 11'x20' when adjacent to a wall. 6. All landscaping indicated on the submitted plans shall be subject to the review and approval of the Community Development Department. 7. The existing free - standing sign situated adjacent to the recently completed two -story building shall be removed. Any future new free - standing sign shall be subject to the review and approval of the Community Redevelopment Agency. Resolution No. 02 -4079 Page 2 8. A "right turn only" sign shall be posted at the driveway serving the subject site; the size and specific location of said "right turn only" sign shall be subject to review and approval of the City's Traffic Engineer. 9. The future tenant to occupy the adjoining commercial unit to the south shall be subject to the review and approval of the granting body at a noticed public hearing. 10. This Conditional Use Permit shall be limited to no more than two separate business entities at the subject site addressed as 5528 Rosemead Boulevard. Any future tenants for the other portion of the building shall be subject to the review and approval of the Community Development Department 11. The applicant/property owner shall meet all requirements of the National Pollutant Discharge Elimination System (NPDES) related to pollutants, runoff or non -storm water discharges. (TCMC 8100 - 8402). The requirements shall be subject to the review and approval of the Public Works Coordinator and the Community Development Department. 12. Disposal of Construction Waste: No construction activity waste 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. Failure to comply with this condition will result in charges being filed with the District Attorney. (TCMC 3400 - 3411). 13. Public improvements shall be provided as may be required by the City's Public Works Coordinator and the Los Angeles County Department of Public Works. Any unused curb cuts currently serving the property shall be removed and replaced with full size curb and gutter. Permits shall be obtained from Cal Trans prior to the commencement of any work in the public right -of -way. 14. The Conditional Use Permit shall expire 24 months from the approval date, if not exercised. If the project is not commenced prior to the expiration date, the applicant should apply in writing to the Community Development Department at least forty (40) days before the expiration date for an extension of time. 15. The building construction plans shall include a blue -line sheet(s) showing each page of this Resolution including all conditions of approval contained herein. 16. The Conditions of approval contained in this Resolution may be enforced by the Sheriffs Department as well as City Staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. 17. The Conditional Use Permit shall not become effective until all responsible parties have signed a copy_of this Resolution acknowledging acceptance of the conditions of approval. 1 1 1 1 1 Resolution No. 02 -4079 Page 3 18. Internet gaming, video games or any other type of computer game activity shall not be permitted at anytime on the premises. 19. Based upon representation made on behalf of the property owner, the previous Conditional Use Permit (CUP 00- 1415), which would have allowed an automobile repair facility, shall be abandoned and vacated upon approval of this Conditional Use Permit (CUP 02- 1487). 20. This Conditional Use Permit shall be reviewed in six months after start of business; 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 period and to determine whether: 1) all conditions of this CUP have been followed: 2) the premises have become a public or private nuisance by way of parking, noise or large assemblages; or 3) new or additional conditions need to be attached. At the time of the six - month review, the Planning Commission or City Council may schedule subsequent reviews at six -month intervals or at other intervals, which may be appropriate. If it is found that the Tapioca Express restaurant generates an inordinate number of substantial complaints or disturbances, the review body may deny the renewal of this CUP; if the CUP is not renewed by the review body, it shall be deemed null and void, and the premises vacated. At the time of the review, the review body may modify the conditions of approval or add additional conditions of approval as deemed appropriate. In particular, the six -month review shall include a review of the adequacy of lighting on the property. SECTION 4. Accordingly, Conditional Use Permit 02 -1487 is hereby approved on May 7, 2002 by the following vote: AYES: Councilman - Souder, Zovak, Vizcarra NOES: Councilman -None ABSENT: Councilman - Wilson, Gillanders PASSED, APPROVED AND ADOPTED on this 7th day of May, 2002 ATTEST: City Clerk Mayor Pr T?i Resolution No. 02 -4079 Page 4 I, City Clerk of the City of Temple City, do hereby certify that Resolution No. 02 -4079 was adopted at a regular meeting of the City Council of the City of Temple City held on the 7th day of May, 2002. It was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk at a regular meeting held on the 7th day of May, 2002 by the following vote: AYES: Councilman - Souder, Zovak, Vizcarra NOES: Councilman -None ABSENT: Councilman- Wilson, Gillanders CUV)(R "-/U2L City Clerk READ, UNDERSTOOD AND CONDITIONS ACCEPTED: Applicant's 'epre•entative 'rank Shen) Date Property Owner (Chin-Lin in Applicant (Allen Huang) 3-0C (D Date Date 1 1