Loading...
HomeMy Public PortalAbout14) 8A Reveiw of Planning Commission Approval for 5700 Rosemead Boulevard Unit 100 RevisedAGENDA ITEM 8.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: September 1, 2015 TO: The Ho norable City Counci l FROM : Bryan Cook, City Manager Via : Micha e l D. Fo rbes, AICP , Community Development Dire ctor ~ Scott Reimers , Planning Manager By: Hesty Liu , AICP, Associate Planner SUBJECT: REVIEW OF THE PLANNING COMMISSION 'S DECISION APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A RESTAURANT WITH BEER AND WINE SERVICE AT 5700 ROSEMEAD BOULEVARD , UNIT 100 RECOMMENDATION : The City Counci l is requested to : a) Open the p ubli c hearing ; b) Accept pub li c testimony from the applicant and members of the public; and c) Ad opt Resolutio n No . 15-5120 (Attachment "A ") finding that the project is exempt from CEQA and approving File 15-219 subject to the condit io ns of approval (including condi tion two limiting the hours of operatio n from 11 :30 a .m . to midnight) BACKGROUND: 1. On June 1, 2015, the City received a request for a conditional use permit to establish a restaurant with beer and wine service in the Camellia Square shopping center. Pursuant to the request, the business proposed to occupy a floor area of 5,320 square fe et and requested to operate from 11 :30 a.m . to 2:00 a .m ., seven days a week. 2 . On July 1, 2015 , t he application wa s deemed complete . City Council September 1, 2015 Page 2 of 5 3. On July 28, 2015, the Planning Commission held a public hearing to consider the matter. The Planning Commission voted 4-1 to approve the requested Conditional Use Permit with the hours of operation as requested. 4. On August 12, 2015, pursuant to Temple City Municipal Code Section 9-1F-27 Councilmember Sternquist filed with the City Clerk a “Request of Review” for the project. ANALYSIS: The applicant is seeking a conditional use permit for a restaurant with beer and wine service. The restaurant, Kang Ho Dong Baekjeong, specializes in Korean barbecue. The applicant proposes to locate in a 5,230 square foot tenant space in Building 4 (located along Las Tunas Drive at the southwest corner of Camellia Square). The applicant proposed to operate from 11:30 a.m. to 2:00 am, seven days a week. The proposed seating capacity is 165 seats. See Attachment “B”, the Planning Commission Staff Report, for a floor plan. During the Planning Commission hearing on this item and during the public comment at the end of the meeting numerous members of the public spoke in opposition to the late night hours proposed by the applicant (see Attachment “C” for the meeting minutes). Commissioners noted that since the business is proposed near Las Tunas Drive and not near the rear of the site, it would have a minimal impact on the adjacent neighborhood. Commissioners also explored the idea of limiting liquor sales to midnight while allowing the business to continue to operate until to 2:00 a.m. The applicant explained that this is difficult for a restauranteur to enforce, can cause significant penalties from the State Department of Alcoholic Beverage Control if not correctly enforced, that the business is not proposing a bar, and that the restaurant has not experienced any issues at other locations with late night service of alcohol. An appeal, that was later withdrawn, focused on the hours of operation as the object of concern. The applicant has experience operating restaurants with beer and wine service and with late night hours. The company operates the following restaurants, each with beer and wine service, with the following hours of operation:  Los Angeles (Koreatown) – 11:30 a.m. to 2:00 a.m.;  New York (Koreatown) – 11:30 a.m. to 2:00 a.m.:  Buena Park – 11:30 a.m. to 2:00 a.m.; and  Rowland Heights - 11:30 a.m. to 2:00 a.m. Staff has contacted the Police Departments of some of the above cities. Los Angeles was unresponsive to staff’s request for information regarding calls for service. The Buena Park Police Department stated that they have had issues at the shopping center in Buena Park, but could not determine if the issue was related to Kang Ho Dong Baekjeong. City Council September 1, 2015 Page 3 of 5 There were two calls for emergency services made after midnight, however those calls were responded to by the Fire Department. Staff has looked at the operations of other similar restaurants (those with late night hours and alcohol service) in Temple City to determine if there were an unusual number of calls to the Sheriff’s Department or Community Preservation cases. Table 1 provides the closing time of four such restaurants. Table 1 – Restaurants with Alcohol Service offering Extended Hours Business Name Address Closing Time Days Denny's 5603 Rosemead Blvd None (Open 24 hours) Monday-Sunday UR Space 9619 Las Tunas Dr. 11:00 p.m. Friday-Saturday 10:00 p.m. Sunday- Thursday OO-KOOK 5405 Rosemead Blvd 12:00 a.m. Monday-Sunday Ish Kitchen 5612 Rosemead Blvd 11:00 p.m. Friday-Saturday 10:00 p.m. Sunday-Thursday In preparing this report staff requested that the Sheriff’s Department provide the number and cause of calls for service over the past 12 months for the businesses listed in Table 1, as well as for bars with late night hours, and restaurants with late night hours not serving alcohol. The data showed that there is no apparent correlation between late night hours and calls for service, or alcohol service and calls for service. The Sheriff’s Department identified only two calls for service related to alcohol at those businesses in the past 12 months. Both calls were for drinking in public, and both occurred during daytime hours. The Sheriff’s Department stated that they had no objection to this conditional use permit. The Community Preservation Division’s records indicate that restaurants serving alcohol late at night, bars with late night operations, and restaurants with late night hours and no alcohol service have not been problematic. Cases opened on these types of businesses have not involved issues of noise or the business’ late night operations. The only Community Preservation action related to the businesses in Table 1 recently was in relation to an expired business license. Staff’s recommendation to the Planning Commission was a closing time of midnight, seven days a week. Notwithstanding the Planning Commission’s decision, Staff continues to recommend this closing time. A restaurant serving alcohol until 2:00 a.m. is a rare circumstance in Temple City. According to staff’s research, the only businesses serving food or alcohol at that time are two bars in the City. Of the 17 businesses operating in the City Council September 1, 2015 Page 4 of 5 area (see Attachment “D”), nine close before or around 10:00 p.m.; six close at or around midnight, one (Guppy House) closes after midnight on Fridays and Saturdays; and one (Denny’s) is open 24 hours. Applebee’s, which is now closed, was approved to operate until midnight Sunday through Thursday and 2:00 a.m. Friday through Saturday. It is important to note that Temple City Market Place where Applebee’s was located (at the northwest corner of Rosemead and Las Tunas) does not have driveways that allow ingress and egress from residential streets and does not have internal driveways separating the residential neighborhood from the center. Additionally, at this time none of the other tenants in Camellia Square have requested or been approved to be open past midnight. Table 2, below, provides the approved hours of operation for the restaurants currently proposed or approved for operations in Camellia Square. Table 2 – Hours of Operation for Camellia Square Restaurants Business Name Location Closing Time Days Meet Fresh Building 1 / Unit 100-102 11:00 p.m. Sunday-Thursday Midnight Friday-Saturday Summer Rolls Building 2 / Unit 100-101 10:00 p.m. Monday-Sunday Tea Station Express Building 4 / Unit 102-103 11:00 p.m. Sunday-Thursday Midnight Friday-Saturday Simmer Huang Building 2 / Unit 107 11:00 p.m. Monday-Sunday Bistro Na’s Building 1 / Unit 105 11:00 p.m. Monday-Sunday Pokelicious (Pending Review) Building 2 / Unit 102 11:00 p.m. Sunday-Thursday Midnight Friday-Saturday The proposed restaurant would be more compatible with the surrounding restaurants and the center’s operations in general if the hours of operation were limited to midnight. The properties directly north of the site are single-family houses. They are separated from the site by a nine foot decorative fence. The fence and landscaping were conditions of approval from the shopping center’s approval in 2011. The residential properties to the north are located on Myda Avenue, which is a cul-de-sac that has no access to the shopping center. The applicant is requesting to occupy Building 4 which is 305 feet (roughly the distance of six single-family lots) from the nearest residential property on the north. Building 1 and Building 2 will serve as a sound buffer for the applicant’s proposed business. A number of conditions of approval (specifically, conditions 18 through 27) are recommended to address issues generally associated City Council September 1, 2015 Page 5 of 5 with the operation of a restaurant use. Those conditions will ensure that the City can exercise its power to address the issues in a timely manner should they arise in the future. Despite the distance from the single family neighborhood, the nine foot decorative fence, and the location of Building 1 and 2, staff has concerns regarding noise created by the late night operations of the business. Simply put, the City does not have a great number of restaurants that operate after an hour when ambient noise is readily available to drown out the specific noise created by customers and staff. Given the prominence of the Camellia Square development and the earlier closing of all other restaurants currently approved for the center, a midnight closing time for the proposed Kang Ho Dong Baekjeong better reflects good land use planning in that area of the City. Additionally, it should be noted that any Conditional Use Permit holder has the option to apply for a modification of its conditions of approval, including its hours of operations. A positive track record of complying with the City’s noise ordinance and the other conditions of approval could in the future be used to demonstrate that extending this restaurant’s hours of operation would not have an impact on the neighborhood. CONCLUSION: Staff recommends that the City Council adopt the attached resolution approving the conditional use permit with hours of operation from 11:30 a.m. to midnight, seven days a week. Maintaining a closing hour of midnight will improve the compatibility of the business with the surrounding commercial land uses, and will limit the impact of noise on nearby residences. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2015-16 City Budget. ATTACHMENTS: A. Resolution No. 15-5120 B. Planning Commission Staff Report and Attachments thereto C. Planning Commission meeting minutes of July 28, 2015 D. Hours of Operation of Surrounding Restaurants Attachment A RESOLUTION NO. 15-5120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A RESTAURANT WITH BEER AND WINE SERVICE AT 5700 ROSEMEAD BOULEVARD , UNIT 100. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. The City Council has considered all of the evidence submitted i nto the administrative record , which includes, but is not limited to : 1 . Reports and presentation of project related data and analysis prepared by the Community Development Department. 2 . The City of Temple City Municipal Code , and all other applicable regulations and codes . 3 . Pub li c comments , written and oral , received and/or submitted at or prior to the publ ic hearing , supporting and/or oppos i ng the applicant's request. 4 . Testimony and/or co mments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the public hearing . 5. All re lated documents received and/or subm itted at or prior to the public heari ng. SECTION 2. Based on the foregoing evidence , th e City Council finds that: 1. On June 1, 2015 , the applicant submitted the application . 2 . On July 1, 2015, the application was deemed complete . 3 . Noti ce of the July 28, 2014 Planning Commission public hearing wa s pub lished in the newspaper. 4 . On July 28 , 2014 , the Planning Commission held a public hearing and voted 4-1 approving the condit ional use permit including the hours of operation as proposed by the appl icant. 5 . On August 12 , 2015 , Council Member Ste rnquist filed with the City Clerk a "Request of Review" for the project pursuant to Temple City Municipal Code Section 9-1 F-27 . The City Council public hearing to review the case was scheduled for September 1, 2015 . 6 . Notice of th e Sep temb e r 1 , 2015 City Counc il hea ri ng was published i n the newspaper. City Council of the City of T emple City Resolut ion No. 15 -5120 September 1, 2015 Page 2 7. Not ice of the City Council hearing was mailed to property owners within a 500- foot radius at least ten (1 0) da ys prior to the hearing . 8 . Notice of the City Counci l hearing included the notice requirements set forth in Government Code Section 65009 (b)(2). 9 . The project site is zoned C-3, Heavy Commercial. 10 . Th e project site is designated Commercial by the General Plan . 11 . The applica nt is requesting to estab lish a food and drink estab li s hm ent. 12 . The business proposes to serve beer and wine . 13 . The tota l floor a rea fo r the estab li shment is 5 ,320 square feet. 14. The proposed seating capacity for the food and drink establis hm ent is 165 seats . 15 .Th e proposed hours of operat ion are from 11 :30 a .m . to 2 :00a.m ., seven days a week . 16 . The Planning Commission approved the cond iti onal use permit incl uding the hours of ope rati on proposed by the applicant which are from 11:30 a .m . to 2 :00 a .m., seven days a week . 17 . Staff recommends that the hours of operation be limited to from 11 :30 a .m . to 12 :00 a .m ., seve n days a week . SECTION 3. Based upon a public hearing for a co nditional use permit, File No. 1.5-2 19 , the City Council finds: 1. That the site for the proposed use is adequate in size , shape , topography and circumstances to susta i n the proposed use ; The subject site contains 159 ,521 square feet of land area whic h is adequate in size to accommodate a med ium size shopping cen te r w ith 81,469 square foot of building area . The shoppi ng center provides 394 on-site parking spaces, 127 surface pa rking spaces and 267 subterranean parking spaces . The shopping center was approved for up to 27 ,345 square feet of drink or food establis hments , each estab lishment requires a conditiona l us e perm it. The applicant's request to estab l is h a 5,320 square foot drink and food establishment which , along w ith the previously approved restaurant , wil l res ult in a gross f loor area of 8 ,540 for such a use in the center . The 8 ,540 square f eet is well under the 27 , 345 square feet limit. Therefore , the project meets this finding . City Council of the City of Temple City Resolution No . 15-5120 September 1, 2015 Page 3 2 . That the site does have sufficient access to streets and highways , adequate in w idth and pavement type to carry the quantity and quality of traffic generated by the proposed use ; The project is primarily accessed by Elm Avenue (via Rosemead Boulevard) and from Las Tunas Drive . The site can also be accessed from Sultana Avenue , but that was originally designed for truck deliveries . Both Rosemead Boulevard and Las Tunas Drive are regional thoroughfares and identified as "primary roads " by the City's General Plan . These streets have the capacity to carry the quantities of traffic that will be generated by the shopp i ng center. Therefore , the project meets this finding . 3 . That the proposed use will not have an adverse effect upon the use , en j oyment or valuation of adjacent property or upon the public welfare . The proposed use is in a new shopping center that will have a mixture of commercial , retail and office uses . The unit for the business is on the southerly border of the center, 305 feet away from the adjacent resident ial d istrict. The hours of operation have been limited through conditions of approval. The onsite security camera is required to monitor the activities . The noise level is not anticipated to be significant. With the conditions of approval as recommended hereinafter, staff concludes that the project will not have an adverse impact on the neighboring propert ies Therefore , the project meets this finding . SECTION 4 . This project is found to have no significant effects upon the environment , and is categorically exempt from the Californ ia Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facil ities ) of the California Environm e ntal Quality Act Guidelines . SECTION 5. Accordingly , File No . 15-219 is approved and is subject to the following conditions : 1. The applicant and property owners , and their successors in inte rest , shall indemnify and defend the City of Temple City and its officers , employees and agents from and against all liability and costs relating to the City's actions concerning this project , including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this p roject. The City shall have the sole right to choos e it s co unsel and property owners shall reimburse the City's expe nses inc u rre d in its defenses of any lawsuit chall e nging the City's action s c onc e rning this p roject. City Council of the City of Te mple City Resolution No. 15-5120 September 1, 2015 Page 4 2 . Development plans and tenant improvements shall be in substantial compliance with the submitted plans , date stamped June 1, 2015 except as modified herein . 3. Hours of operation shall be lim ite d to 11:30 a .m. to 2 :00 a .m ., seven days a week . 4. Building Permits shall be obtained for all construction activities of the project includ i ng tenant improvements . 5. Construction plans or tenant improvement plans shall include a sheet containing each page of this resolution at the time of building plan check submittal. 6 . Alcoholic beverages shall be limited to beer and wine , and for onsite consumption only. No hard liquor is allowed . The business shall obtain proper license from the Department of Alcoholic and Beverage Control before serving beer and wine . 7 . No formal or informal entertainment (i .e ., live entertainment , dancing , karaoke , etc.) shall be allowed without a modification of this Conditional Use Permit. 8. The business shall have a ma x imum capac ity of 165 seats , or lowe r if determined by the Fire and/or Building Code . Future increase in the maximum number of seats shall require the approval of a modification of this Conditional Use Permit, subject to the regu la tions of the Fire and/or Building Code . 9. No additional seats and/or outside dinning is approved as a part of this application. Approval of a Mod ification of this Conditional Use Permit is required if the business wants to increase the total number of seats and/or to have outs ide dinning. 10 . No deliveries (food , linens , etc.) or maintenance/repairs (used cooking oil, grease trap cleanout , HVAC , etc.) shall occur during peak lunch (11 :00 a .m.-2 :00 p .m .) or peak dinner (5:00 p .m.-7:30p.m .) periods . 11 . A video surveillance system shall be installed and the camera locations shall be subject to the revi ew and approval of the Community Development Department. The v ideo surveillance shall be recorded duri ng regular business hours and kept on a tape/CD/DVD/hard drive that shall be stored for a minimum of 30 days . 12 . Adequate waste collectio n service s hall be acquired and maintained to the sati sfaction of the Co mmunity Development Director . The business owne r City Council of the City ofT emple City Resolution No. 15-5120 September 1, 2015 Page 5 shall show proof of trash service prior to the issuance of the City business license. 13 . The business shal l be responsible for training employees and ensuring that trash lids are closed after disposing of waste to reduce odors for neighboring properties , reduce pest infestation and prevent trash from falling onto the ground and entering the City's storm drain . 14 . The business shall be responsible for maintaining (clean and free from trash) the sidewalk and parking spaces located in front of the unit to the satisfaction of the Community Development Director. 15 . The business shall be respons ible for providing adequate pest control services to the satisfaction of the Community Development Director. If the shopping center provides pest control services , the Community Development Director shall have the ability to increase pest control service or require separate pest control from the business owner of this application . 16 . The business is required to install a drench drain at the doorway of the kitchen door located on the north . The drench drain shall be designed and sized to prevent spi llag e of waste wa ter during floor cleaning . 17 . All signs for the business shall be subject to the review and approval of the Community Development Department. 18 . The property and business owner(s) shall be responsible for controlling loitering, smoking (pursuant to California State Government Code) and other conduct of individuals on the premises or immediately outside the premises . 19 . If the operation of the business causes serious concerns and issues , the City reserves the right to review or revoke this Conditional Use Permit approval subject to th e procedure and the find ings se t forth in the Zoning Code. 20 . All activities and functions of the site shall be subject to the City's Noise Ordinance. Any violation of the City's Nois e Ordinance as contained in Section 9-11-0 through 9-11 -6 shall be grounds for revocation of this Conditional Use Permit. 21 . The business owner sha ll not be allowed to empty bottles or glass containers into the outdoor trash or recycling bins between t he hours of 9 :00p.m . and 7:00a.m. City Coun cil of the C ity of T e mple Cit y Resolution No. 15-5120 September 1, 2015 Page 6 22. The applicant/prope rty owner shall meet all requi rements of the National Pollutant Discharge Elimi nation System (NPDES) related to pollutants , runoff or non-storm water d ischarges . 2 3. Disposal of Construction Waste : No constru ction activity waste or materia l of any kind , including plaster, cement , paint , mud , or any other type of debris or l iquid shall be allowed to be d isposed of in the street or gutter, storm drain or sewer system . All construction debris spi ll s shall be removed da il y a nd shall use necessary dust contro l measures . Failure to comply with th is co ndit ion w ill result in charg e s fi led by the District Attorney . 24 . All goods and materials associated with the food estab li shment sha ll be stored within the build ing at a ll t imes . No storage sheds or outs ide storage shal l be permitted . 25 . The food establishment use shall be in full comp li a nc e with a ll app licable health and safety standa rds , as wel l as all requirements of industria l waste . 26 . The food estab li shme nt s hall be subject to app li cab le requ irements or permit(s) of the Sout h Coast Air Qua l ity M anagement Di stri ct, Los Angeles County Health Department regu lations and all other appl icable agencies . 27 . The Conditions of Approval contained in this Resolutio n may be enforced by the Sheriff's Department , as we ll as City Staff. Any violation of any co ndition is a misdemeanor and may be processed directly by crim in al comp laint. 28 . Thi s Conditional Use Permit shall expi re 24 months from the date of approva l if said Conditiona l Use Permit is not e xercised within that time . If the project is not commenced prior to the expiration date , the applicant may app ly in writing for an extension of time at least forty (40) days before the expira tio n date. 29 . The co ndi tional use permit shall e xp ire six months after the discontinuation of the use . 30 . The granting body (the Planning Commiss ion) shall reserve the power of revocation of th is appro val and/o r imposing additiona l conditions , through a noticed public hearing and in accordance with the provisions of 9-1 F-40 of the Zon in g Cod e , to address any significant issues th at surface i n t he fu ture . 31 . This resolut ion shall not beco me valid until such t ime that th e app licant/pro pe rty own e r has signed the A cce pt ance of Proj ect Con d itio ns Form acknowledgi ng acceptance of the Co nditions of A p proval. City Council of the City ofT emple City Reso lution No. 15-5120 September 1, 2015 SECTION 6. The C ity Clerk shall certify to the adoption of this Resolution . PASSED , AP PROVED AN D ADOPT ED THI S 1st DAY O F SEPTEMBER , 2015. MAYOR ATIEST: C ITY C LERK Page 7 I he reby ce rt ify t hat th e fo regoing Reso luti o n, Resolution No . 15-5120 , was adopted by the City Coun ci l of th e City of T emple City at a reg ul ar meetin g held on the 1st of Septembe r, 2 01 5, by t he f o ll owing vote: AYES : Council Members : NOES: Cou nci l Members : ABSE NT: Cou nci l Members : Planning Commission Staff Report Jul y 28, 201 5 Item: 7 B FILE: 150000219 ADDRESS : 5700 Rosemead Boulevard, Units 100 Attachment B DESCRIPTION : A request for a conditional use permit to establish a restaurant with beer and wi ne service in the Ca m ell i a Square shopping center. APPLICANT : Margaret Tay lor (Representative of the Owner) PROJECT PLANNER: Hesty Liu, AIC P, Associate Planner ENVIRONMENTAL REVIEW: The project is exe m pt from the Ca lifornia Envi ronmenta l Quality Act (C EQA), p urs uant to Sec t ion 15301 (Ex i sting Facilities) of the CEQA Guidelines. RECOMMENDATION: Adopt a reso lutio n t o approve Fi l e 150000219 CRITICAL ISSUES : • Land Use Compati bi lity • Hours of Operation • Se rvi ng Beer and Wi ne • Ut il iti es, M ai ntenan ce and Services • Loading Times BACKGROUND: The subject site has a land area of 3.7 acres and is located at the northeast corner of Rosemead Boulevard and Las Tunas Drive. The property has approximate ly 321 feet on Rosemead Boulevard (west property li ne), approximately 490 fee t on Las Tu nas Drive (so ut h property line) and approximately 226 feet on Su ltana Avenue (east property line). The property is located in the C-2 , General Commercial zone and is designated as Commercial on the City's General Plan Land Use Map. July 28, 2015 Planning Commiss ion Meeting Staff Report -Item No. 7B File: 150000219, Conditional Use Permit On April 7, 2015, the City Council approved a modification to the project's origina l conditiona l use permit allowing the gross floor area for foo d and drink establishments to increase from 11,000 square feet to 27,345 square feet. On July 14, 2015, the Planni ng Commission approved a condi tional use permit request for the first rest aurant, a business known as "Meet Fresh " whi ch was approved to fil l a 3,220 square foot unit on the ground floor in Building 1. The approved bus ine ss hours are from 11:00 a.m. to 11 :00 p.m., Sunday through Thursday, and from 11:00 a.m. to 12:00 a.m., Frida y and Saturday. The approved seating capacity is 189 seats . This conditional use permit i s the second request for a restaurant to be in the center. The bus iness is a chain, known as "Kang Ho Dong Baekjeong", which specializes in Korean Barbecue with beer and wine service. According to the application, the business originated in Korea by the founder Kang Ho Dong. The first US restaurant was opened i n Los Angeles, on 61h street in the area commonly known as "Korea town ". Another restaurant was opened in 2014 in New York City. For t he Temple City location, the business is proposing to have a floor area of 5,320 square fee t in Build in g 4. The proposed hours of operation are from 11:30 am to 2:00am, seve n days a week. The proposed seating capacity is 165 seats. Figure 1 sho ws the site plan of the center. The location of the p roposed Korean Barbecue restaurant is in red. The previously approved restaurant (Meet Fresh) is in yel low. Figure 2 is the proposed floor plan for the business. Figure 1 ~ ai (/) Q I a: .. [!. \ Page 2 of 5 July 28, 2015 Plann ing Commissio n Meetmg Staff Repo rt -Item No. 7B File: 150000219, Co nd it io nal Use Perm it Figure 2 ANALYSIS: ..... __ ..... _ ,.._. .... ,. .............. lrotll•"'·---· I .. _,.._,_I.I (I·WUI-•IOtn.,..'OII ,.Cfo •NII O -~·e:: .. ~....&••-" ..................... ,_~..,.. ................. ,. uo ····~· ....... -.. . (J I...,AI'l'f ~t·•:n••••II U .. alln._-..l't-4l c:::::=::J '!a".!.."::~·~:..r:r ... rr· EHB l":l.~ I!. ~l:MI:'liWl\."'1 ~..ml . ~ Q ' A conditional use permit al lows t he City to analyze potentia l impacts and issues pertain ing to t h e project that can be address ed, and to m i nimize or eliminate the im pacts th rough conditions of approva l. The following is a detailed ana lys is o n the c ritical issues pertain ing to t h e p roposed use : 1. Land Use Compatib ili ty: Earli er this year t h e City Counci l approved to increas e the amou nt of drink and/or food establishm ents in the sh opping cente r from 11,000 square feet to 27,34 5 square feet to add ress market demand and help with the success of the shopping center. The City Co u ncil found that increasi n g the amount of dri nk an d/or food estab l is h ments wo ul d not have an adverse effect on traffic i n the area or parking for th e shoppi ng center. There is nothing unique abou t the proposed business t hat dem onstrates new potential impacts on adjoining land uses. Th e shopping center is current ly und er co n st ru ction; three of the b u ildings hav i ng an approved Certificate of Construct i on -a document acknowledg i ng that the exterior wal ls, or shell, of a building is com p lete. To date, only foo d and dri nk estab lishments have subm itted applications for the shopping center, so staff is unabl e to analyze the land use compatibility within the shopping Pag e 3 of 5 July 28, 20 1 5 Planning Co m mi ssion Meet ing Staff Repo rt -Item No. 7B Fil e: 150000219, Conditio nal Use Permit cen t er. I n rega rds to i mpacts to adjace nt properties, th e properties directly north of the site are sin gle-fam ily res id ent i al, but are buffered by a 14-foot ta ll decorati ve fe nce (and eventually lan dscaping); t he fence and landscapi ng were conditions of approval from th e shopp i ng cente r's approval in 2011. The resident i al properties to the n orth are l ocated on Myda Avenue, w hich i s a cul-de-sac that has no access to the shopping center. The properties to the east, south and wes t are commerci al, prima r i ly co n sist i ng o f retai l an d food uses. The appli ca nt is requesting to occupy approxi mately 5,320 square feet of b ui l ding a rea in Building 4 w hich has a distance of 305 fe et (rou ghl y abo ut the di stanc e of com b inin g six single-fam i ly l ots) from t he nearest residen ti al prop erties on the north . Bu i lding 1 and Bu ilding 2 as wel l as the parki ng lot in betw een wil l se rve as a sound buffer for th e bus iness. A number of conditio ns of approval (condition 18 t hrou gh conditio n 27) are reco m mended to address issues generally associate d with the operation of a restauran t u se. Those conditions w il l ensure that the City ca n exercise its power to address t h e is sues in a time ly man n er shou l d they ari se in the f uture. 2. Ho urs of Operation: The business pro poses to be open from 11:30 a.m . t o 2 :00 a.m., se ven days a week. Th e extended hours especi ally after m idnight can b e a conce rn . After researching the business hours fo r the other two locati ons (in Los Angeles and in New Yo rk Ci t y ), staff has determi ned t h at th e proposed hours are consistent w ith the operation of those locatio n s. However, un like the bu siness distri cts i n larger municipalities, Temple City's comme rci al d i str ict is geog rap h ically sma ll er and t h ere are less l ate night activities. After mid n ight, most businesses eve n the r estaurants in the same area w ill be cl osed. Late ni ght hours are generally in consisten t with the characte r of Temp le City's bus in ess district. Staff is concerned abou t cor:npat ibility issues du r ing late night hours. Staff th erefo re recommends t hat t he business hours be m od ified to 11:30 a.m . t o 12 :00 a.m ., seve n days a w eek (co ndition 3). 3 . Serving Al co holic Beve rages: Ser vi ng b eer and wine is ve ry common f or a restaurant use. Many resta ura nts in the city ha ve been approve d t o serve beer and wine. Afte r receiving the appli cat ion, sta ff contacted t he Sher iffs ' Department about the matter. Th e Sheriffs' De partment had no objections to such a use. A n umber of co ndit ions have been recommended to address the pot ential i ssues. Condition si x is recommended t o req uire t hat the business obtai n proper license from the Department of Alco hol i c Beverage Control before serving beer and wine. Condition 11 wh ich requires that the busine ss i nsta ll a survei ll ance system is to en sure that the business w ill moni tor the o ns ite activitie s co nsta ntly. Co n dition 19 wi ll all ow the City to revoke the app rova l if servi ng beer and wine proves to b e problemati c. 4. Utilities. Maintenance and Serv ices: Increased food and res t aurant area fo r a sho pping ce nter can create p rob lems w ith property maintena n ce and utilities. Foo d and dri n k establ i shments usua l ly generate more trash and odor than a typical r etail or office use. Staff the refore recommends t h e fo ll owing condit ions to ad dress p roperty maintenance, tras h and pest control ser vices: • Ensu rin g t hat adequ ate t rash serv i ce is provided fo r the busi ness and giving t he Commun ity Development Directo r the ab il ity to require addition al trash servi ce if needed (A t t achme nt "A", co n d i t i on 12); Page 4 of 5 Ju ly 28, 201 5 Planning Co m m iss ion M ee t ing Staff Report -Item No. 78 File: 150000219, Cond it ional U se Permit • Requiring the employees to keep the trash lids closed after disposing of trash to reduce odors for neighboring properti es, reduce pe st infestation and prevent tra sh f ro m falling onto the ground and ente ring the City's storm drain (condition 13); • Requiring the business to regularly pick up trash on the sidewa lk and parking spaces located in and around the business (condition 14); • Al lowi ng the Community Deve lopment Directo r t he abil ity to requi re the business to provide adequate pest control services to minimize any impacts to neighboring properties (condition 15). • Requ i ring that t h e business install a trench d ra in at the doorway of exit door of the k itchen to prevent spillage of waste during f loor clean ing (conditio n 16). 5. Loading Times : Loading times have become an issue in the public parking lots duri ng the peak lunch period, 11:00 a.m. -2:00 p.m . Since parking was an issue with the shopping center's conditional use permit to in crease the food and drink estab lishm en t area , staff has recommended a condition (condition 10) which restricts truck deliveries from peak l unch (11:00 a.m.-2:00 p.m.) or dinner (5 :00 p.m .-7:30 p.m.) periods. REQUIRED FINDINGS: The findings required in 9-lF-11, Burden of Proof, of the Temple City Mu~i cipal Code for a Conditional Use Permi t are contained in t h e attached resolution (Attachment "A "). ENVIRONMENTAL REVIEW: Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facil ities) of the Ca lifornia CEQA Gu i de li nes. CONDITIONS OF APPROVAL: The Conditions of Approval are contained in the attached resolution (Attac h ment "A"). ATTACHMENTS: A. Planning Commis sion Resolution B. Reduced Floor Plans C. Aerial Photo Page 5 of 5 ATTACHMENT A PLANNING COMMISSION RESOLUTION Ill RESOLUTION 15-24 PC A RESOLUTION OF THE PLANNING COMMISS ION OF THE CIT Y OF TEMP LE CITY APPROVING A REQUEST OF A COND ITIONAL USE PERM IT TO ESTABLISH A FOOD AND DRINK ESTA BLISH MENT AND TO ALLOW THE BUSINESS TO SERVE BEER AND W INE AT 57 00 ROSEMEAD BOULEVARD, UNITS 100. SECTION 1. The Pl anning Commiss io n has cons idered all of the evidence subm itted in to th e admi nistrative reco rd whic h includ es but is not limi te d to : 1. Reports and presentations of project re lated data and ana lysis prepared by the Comm unity Deve lopment Department ; and 2 . The Temple City Municipal Cod e , General Pla n , Subdivision Map Act and al l ot her appl icable regu lati ons and codes ; and 3. Pub li c comme nts , both written and ora l, rece ived or submitted prior to t he public hearing , suppo rt i ng or opposi ng the app l icant's request ; and 4 . Testimony an d comme nts subm itted by the ap pli cant and representat iv e s in bot h written and oral form at or pr ior to the publ ic hearing ; and 5. All othe r related do cume nts rece ive d or sub mi tte d prior to the publi c hearing . SECTION 2. This re s olution is made w ith reference to the fo ll ow ing prefacing facts as more f ul ly set forth in th e administrat ive record : 1. O n June 1, 2015 , the app li cant subm itted the application. 2. On July 1, 2015 , the app li cat ion was deemed co m ple te . 3. Not ic e of the J uly 28 , 2015 Planning Commiss io n publ ic hearing was posted at the Co unci l Chambers . 4 . Notice of t he Pl annin g Commi s sion pub lic he aring was put in the news paper at least te n (1 0) da ys prior to the hearin g . 5 . No ti ce of the Ju ly 28 , 2015 Planning Comm issi o n pub li c heari ng was ma i led to property owne rs with in 500 feet of the property at least ten (1 0) days prior to the hearing . 6 . Notice of the pub li c hearing satisfied the no t icing req uiremen ts set forth in Government Code Secti ons 650 90 and 6509 1. 7 . T he proj ect s it e is zoned C-3 , Hea vy Commerc ial. 8. The project s ite is designated Commercial by the Genera l Plan . File No. 150000219 , Conditional Use Permit 5700 R osemead Boulevard , Unit #1 00 9 . The applicant is request in g to estab l ish a food and drink establishment. 10. The business proposes to serve beer and wine. 11 . T he total floor a rea for the estab lishment is 5,320 square feet. 12 . The prop osed seating capacity for t he food an d drink es t ab l ishme nt is 165 se ats . 13 . T he proposed hours of operation a re from 11:30 a .m . to 2:00 a .m ., se ven days a week. 14 . Staff recomme nds that the proposed hours of operation be limited to fro m 11:30 a .m. to 12 :00 a .m ., seven days a week . SECTION 3. Based upon information for the above Conditional Use Permit , the Pl ann ing Commission finds : 1. That the site for the proposed use is adequate in size , shape , topography and circumstances to sustain the proposed use; The subject s ite con ta ins 159,521 square feet of land area wh ich is adequat e i n s ize to accom m odate a medium size shopping center wit h 81,469 square foot of build ing area . T he shopp i ng ce nter provides 394 on-site parking spaces , 127 surface parki ng spaces and 267 subterranean parking spaces . The shopping center was approved for up to 27 ,345 square feet of drink or food establishments , each establ is hment requ ires a condit ional use pe rmit. The appl icant's re q uest to establish a 5 ,320 square fo ot drink and food establishment wh ich , al ong with the previous ly approved resta urant , will result in a gross floor a rea of 8 ,54 0 for such a use i n t he center. The 8 ,540 square feet is well under the 27 , 345 sq uare feet limit. Therefore , the project meets this f inding . 2. T hat the site does hav e sufficient access to streets a nd highways , adequate in width and pavement type to carry the quantity and quality of traffic generate d by th e p roposed use ; The project is primarily accessed by Elm Avenue (v ia Rosemead Boulevard ) and f rom Las Tunas Drive . The site can also be accessed from Sultana Avenue , but that was originally des igned for truck deliveri es . Both Rosemead Boulevard and Las Tunas D rive are regiona l thoroughfares and identified as "pri mary roads " by the C ity 's Ge ne ral Plan . These streets have the capacity to carry t he quantit ies of traffic that wil l be generated by the shopping ce nte r. Therefore , the project meets th is finding. 3. That the proposed use will not have a n adverse effect upon the use , enjoyment or valua tion of adjacent property or upon th e public welfare . Page 2 of 7 File No . 150000219 , Con dit iona l Use Pe rmit 5700 Rosemead Bou levard , Un it #100 T he proposed use is in a new shopp ing center th at wi ll have a m ixture of commercial , retail and office uses . The un it for the bus iness is on the southerly border of the center, 305 feet away from the adjacent residential district. The hours of operation have been limited through condit ions of approva l. Th e onsite security came ra is required to monito r the activities . Th e noise level is not anticipated to be significant. With the conditions of approval as recommended here i nafter , staff concludes tha t t he project will not have an adverse impact on the ne ighboring prope rties Therefore , the project meets this find ing . SECTION 4. Thi s project is found to have n o significant effects upon the environment, and is Categorically Exemp t from environmental review pursuant to Section 15301 (Ex ist ing Facili ties) of the Cal iforn ia Env ironmenta l Quality Act Gu idelines . SECTION 5. Accordingly , the request for a Cond itiona l Use Pe rmit is approved , subject to the following conditions : 1. T he app l icant and property owners , and thei r successors in inte rest , shall i ndemnify and defe nd the City of Temple City and its officers , employees and agents from and against al l liability and costs relat i ng to the City 's actions conce rning this project , includi ng (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decis ions in connection w ith this project. Th e City shal l have the sole ri ght to choose its c ounsel and property owners shall reimburse the City 's expenses incurred in its defenses of any law suit challeng ing the City's actions concerning this project. 2 . Developm en t plans and tenant imp rovements shall be in substantia l compl iance with the submitted plans , date stamped June 1, 2015 except as modified herein. 3 . Hours of operation shall be lim ited to 11:30 a .m . to 12 :00 p .m., se ven days a week . 4 . Bu il ding Pe rmits shall be obtained for all construction activities of the project including tenant improvemen ts. 5 . Construction plans or tenant im provement plans shall include a sheet containi ng each page of this resolut io n at the time of building plan check submittal. 6. Alcohol ic beverages shall be limited to beer and wine , and for ons ite cons umption only. No hard liquor is allowed . The business shall obta in Page 3 of 7 Fil e No . 150000219, Conditional Use Permit 5700 Rosemead Bou levard , Unit #1 00 proper license from the Departmen t of Alcoholic and Beverage Control before serving beer and wine. 7 . No formal or informal entertainment (i.e., live entertainment , dancing, karaoke, etc.) shall be allowed without a modification of this Conditional Use Perm it. 8 . The business shall have a maximum capacity of 165 seats , or lower if determined by the Fire and/or Building Code . Future increase in the maximum number of seats shall require the approval of a modification of this Conditional Use Permit , subject to the regulations of the Fire and/or Building Code. 9 . No additional seats and/or outside dinni ng is approved as a part of this application. Approval of a Modification of this Conditional Use Permit is required if the bus iness wants to increase the total number of seats and/or to have outside dinning. 10 . No deliveries (food , linens , etc .) or maintenance/repairs (used cooking oil , grease trap cleanout, HVAC , etc.) sha ll occur during peak lunch (11 :00 a.m.-2:00 p.m .) o r peak dinner (5:00 p.m.-7 :30 p.m .) periods . 11 . A video surveillance system shall be instal led and the camera locations shall be subject to the review and approval of the Community Development Department. The video surveillance shall be recorded during regular bus iness hours and kept on a tape/CD/DVD/hard drive that shall be stored for a minimum of 30 days . 12 . Adequate waste collection service shall be acquired and maintained to the satisfaction of the Community Development Director. The business owner shall show proof of trash service prior to the issuance of the City business license. 13. The busines s shall be responsible for training employees and ensuring that trash lids are closed after disposing of waste to reduce odors for neighboring properties , reduce pest infestation and prevent trash from falling onto the ground and entering the City's storm drain. 14 . The business shall be responsible for maintaining (clean and free from trash) the sidewalk and parking spaces located in front of the unit to the satisfaction of the Community Development Di rector . 15 . The business shall be responsible for providing adequate pest control services to the satisfaction of the Community Development Director . If the shopping center provides pest control services, the Community Development Director shall have the ability to increase pest control Page 4 of 7 File No. 15000021 9 , Conditiona l Use Pe rm it 57 00 Ros em ead Bou levard , Unit #1 00 service or requ ire separate pest control from the business owne r of this application . 16 . The business is required to install a drench dra in at the doorway of the kitchen door located on the north . The drench d rain shall be des igned and sized to prevent spillage of waste water during floor cleaning . 17 . All signs for the business shall be subject to the review and approval of the Community Development Department. 18 . The property and business owner(s) shall be responsible for controlling loitering , smok ing (pursuant to California State Government Code ) and ot her conduct of individuals on the premises or immediately outs ide the premises . 19 . If the operation of the business causes serious concerns and issues , the City reserves the right to review or revoke th is Conditional Use Permit approval subject to the procedure and the find ings set forth in the Zoning Code . 20. All activities and functions of the site shall be subject to the City's Noise Ordinance . Any violation of the City 's Noise Ord i nance as contained in Section 9-11-0 through 9-11-6 shall be grounds for revocat ion of this Conditional Use Permit. 21 . The business owner shall not be allowed to empty bottles or glass containers into the outdoor trash or recycling bins between the hours of 9:00 p.m . and 7 :00a.m. 22 . The applicant/property owner shall meet al l requirements of the National Pollutant Discharge Elimination System (NPDES) related to pollutants , runoff or non-storm water discharges . 23 . 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 sewe r system . All construction debris spills shall be removed daily and shall use necessary dust control measures . Failure to comply with this condition w ill result in charges fi led by the District Attorney . 24 . All goods and materials associated with the food establishmen t shall be stored within the bu i lding at all times . No storage sheds or outside storage shall be perm itted . Page 5 of 7 F il e No. 150000219, Cond iti onal Use Perm it 5 700 Rose mead Bouleva rd , Un it #100 25 . The food estab li shment use shall be in full compl iance with all appl icable hea lth and safety standards , as well as al l requ irements of industrial waste . 26 . The food establishment shall be subject to applicable requ i rements or permit(s) of the South Coast Air Qual ity Management District, Los Ange les County Hea lth Department regulat ions and all other applicable agencies . 27 . The Conditions of Approval contained in this Reso lution may be enfo rced by the Sheriff's Department, as we l l as City Staff. Any v iola tion of any condition is a misdemeanor and may be processed directly by cr iminal comp laint. 28 . Th is Conditional Use Permit shall expire 24 months from the date of approval if sa id Cond itional Use Pe rmit is not exercised with in that time . If the project is not commenced prior to the expirat ion date , the app li cant may app ly in wri t ing f or an extension of time at least forty (40) days before the exp iration date . 29 . The conditional use permit sha ll expire six months after the discontinuation of the use . 30. The granting body (t he Planning Commission ) shall reserve the power of revocation of this approva l and/or impos ing add itiona l conditions , through a noticed pub lic hearing and in accordance with the provisions of 9-1 F-40 of the Zoning Code , to address any sign ificant issues that surface in the future . 31 . This resolut ion shall not become valid un til such time that the applicant/property owner ha s signed the Acceptance of Project Conditions Form acknowledging acceptance of the Conditions of Approval. SECTION 6 . The Secretary shall certify to the adoption of this Reso lution . Chairman C ity Attorney Page 6 of 7 File No . 150000219, Conditional Use Pe rmit 5 700 Rose me ad Bou le vard , Unit #100 I hereby certify that the fore going Resolution was adopted by the Planning Commission of the City of Temple City at a meeting held on the 28 1h of July , 2015 , by the following vote : AYES: NOES : ABSENT: ABSTAIN : Commissioner- Commissioner- Commissioner- Commiss ioner- Secretary Page 7 of 7 ATTACHMENT B BUSINESS FLOOR PLAN ~~~ )> I __.. r r ! r : . . I £ I I I I *~-: I $ ~'m-} I W' I I I ~--~·--! t-++-H-Hr J OO&rn~ .!1§@00@ a ii'§IMJ!ffi§ ©O'ii"\7 ~00&00'\i'OIMJ~~@W§IMJ§OO~ @~ ~§Li:,@) OOI!.W. 'iJ1DI?(!,§ ©!l'iiW. @& @~'U@) <- 51Q)l!Jt) I I~ ~ f " ~ ~ u 1 i i ~ i ~ I ~ ~ i ~ . ~ u i IOil i ~ @) ~ "" IOil IF' ~ ~ ~ [%] [%] ~ l%J [%] ~ fjil IF' i ; ~ ~ ~ © ~ ~ (!,!) rw .... ,. I ! ! f r ~ r I 00£§~ .!ll!@OO@ D 'U'§~IP[!,§ ©!JW G r I J ~~ ;;: i "' l i = 1 ~OO&~O~~~@W§~l!~ I )> i I IH I r ' t tf --...J I ~~~[!l(!,W@), I. ~~ {j ~©ll'ii'W.©&.®~~ II ?<0' + ? I I ? ; ' [EJ ~] • "'"I" I" " '"I'''" ~ ~~ ~~ " "II " I" ~ ~ ~ "'"I"!" V-\ ! " "' "' "' " I -.I ''i" , . " "11"1" milliinilll ; .. ~r ~ ~ t~ • z] IIIII IIIII/III/IIIII/III ~r 1\ I I . (j(!,[JI'} £ 'ii'U@OO i=l'il ~ll.!f\!7 £ 'U'IJ@OO 19 al r • I I I I 1 SYMBOL ITEM MARK FINISH NOTE I <?::-0 """"'' ..... ,..-~ t.IAPlEV.OOCWSl,.\.fojF,... IWOOt)4,D..IWill.~ IJCfi.A, ..... ~ ~-}) """"' -• ~-3> """"' --I -· Ci-D "' D£<XIIIIlt.tNirL£ ~ 12ffl.!.. &IIIOO'f~~~Nl'NC)lAa,f~ <fv ... D£CX!IIIIIrllll:l1Lf-IILAOC ~ ... ~~~NC)IA*II.Y-....._. f <E-v ..... ·--:.~:..~ ~=-c:l~CIWOOfW~ I l ct-3) ..... a:--000.00.-..o< i -=-:. ---==---- t f I f A -7.1 I (!,~@1~00@ F--1~ PLANNING COMMISSION TEMPLE CITY, CALIFORNIA REGULAR MEETING JULY 28, 2015-7:30P.M. 1 . CALL TO ORDER-Chairman O'Leary 2. ROLL CALL-Commissioner Cordes , Leung , Marston , Haddad , O'Leary Attachment C PRESENT : Commissioner-Cordes , Leung , Marston , Haddad , O'Leary ABSENT : Commissioner-None ALSO PRESENT : Comm unity Development Director Forbes , Planning Manager Reimers , City Attorney Vega , Associate Planner Gulick, Associate Planner Liu , and Planning Secretary Venters 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS 5. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA-None 6. CONSENT CALENDAR A. APPROVAL OF MINUTES The Planning Commissio n is requested to review and approve : 1) Minutes of the Planning Commission Meeting of July 14 , 2015 . Commissioner Cordes moved to approve the Co nsent Calendar. Seconded by V ice- Chairman Haddad and was approved unanimously by the following votes : AYES : ABSTAIN : NOES : ABSENT : Commiss ioner-Cordes , Leung , Marston , Haddad , O'Leary Comm iss ioner-None Comm issioner-None Comm issioner-None 7. PUBLIC HEARING A. A request for a Conditional Use Permit to allow gas hookups and plumbing in a detached accessory structure in the R-1 zone located at 9518 Olive Street. Plann ing Commission Minutes July 28 , 2015 Page 2 of 6 The subject s ite is a residential property located on Ol ive Street, west of Temple C ity Boulevard . The s ite has approximately 82 feet of width and 197 feet of depth, with an overall net lot size of appro x imately 15 ,7 49 square feet. The property consists of a main house , guesthouse (under construction), detached accessory structure (under construction) and a swimming pool. The property owner is requesting to modify the design of the detached accessory structure to include a bathroom with a shower. The City's Zoning Code requires approval of a conditional use permit for detached accessory structures not used for living purposes that have gas hookups or plumb ing . The site is zoned R-1 , Single Family Residential , and is designated as Low Density Res identia l by the General Plan. A ssociate Planner Gulick gave a b rief summary of the staff report. Chairman O'Leary opened the pub li c hearing. Roger Zhang , appl icant , stated that the previous intent of the accessory structure was for storage only , however , the property owner would now like to modify the structure to include a bathroom and shower. Chai rman O 'Leary asked City Attorney Vega to provide clarification regarding the abatement process should the accessory structure be converted to an unpermitted living area . City Attorney Vega stated the property owner is accountable for follow ing the cond it ions of approval. She stated that if the property owner did not comp ly with the conditions of approval the comp la int would be referred to Community Preservation . She added that the condit ional use permit could be revoked and the premises could be vacated by court order. Chairman O 'Leary closed the public hearing . Commissioner Haddad made a motion to approve File 150000217, adopt the resolution , and f ind that the project is categorically exempt. Seconded by Commissioner Cordes and carried by the following roll call vote : AYES: ABSTAIN : NOES: ABSENT : Commissioner-Cordes , Leung , Marston , Haddad Commissioner-None Commissioner-O'Leary Commissioner-None B . A request for a Conditional Use Perm it to establish a full service restaurant with beer and wine service in the Camell ia Square shopping center 5700 Rosemead Boulevard , Unit 100 . Plann in g Commission Minutes July 28 , 2015 Page 3 of 6 The subject site has a land area of 3 .7 acres and is located at the northeast corner of Rosemead Boulevard and Las Tunas Drive. The applicant is requesting to occupy approximately 5,320 square feet of build i ng area in Building 4 along Las Tunas Drive . The proposed hours of operation are from 11 :30 am to 2:00 am , seven days a week and the proposed seating capacity is 165 seats . The property is located in the C-2 , General Commercial zone and is designated as Commercial by the City's General Plan . Associate Planner Liu gave a brief summary of the staff report . Chairman O 'Leary opened the public hearing. Margaret Taylor, appl icant, stated that she will abide by the conditions of approval. She requested that the Planning Commission consider aga inst staff's recommendation to amend the hours of operation . She stated that beer and wine w il l be sold incidentally , there is no bar area onsite , and that the kitchen will serve a full menu during all hours of operation . Eugene Fu, representative of residents , stated that the res idents adjacent to the commercial development are concerned regarding loitering , noise , and the applicant's proposed hours of operation . W illiam Walker, resident, presented a petition signed by residents in opposition of the request and highlighted the contents of the letter . Peter Choi , President , Chamber of Commerce , spoke in favor of the proposed restaurant. Cindy resident , expressed concern regarding the service of alcohol and the proposed hours of operation . Chairman O'Leary closed the publ ic hearing. Vice-Chairman Haddad requested to reopen the pub lic hearing . He asked the applicant if the restaurant would be willing to have a condition added that would limit the hours of alcohol sales . Chairman O'Leary reopened the public hearing. Margaret Taylor, applicant, stated that the restaurant would not like to limit the hours of alcohol sales. Chairman O'Leary closed the publ ic hearin g. He stated that he would like to follow staff's recommendat io n to reduce the proposed hours of operation and a ll ow the Planning Commission Minutes July 28 , 2015 Page 4 of 6 applicant to file for a modification of their conditional use permit if there are no complaints . Commissioner Cordes made a motion to app rove File 150000219, adopt the reso lution , and f ind that the project is categorically exempt. Seconded by Commissioner Marston . City Attorney Vega recommended that Commissioner Cordes specify the closing hours that would be approved by the above motion . Commissioner Cordes specified that the motion was to approve staffs recomme nda tion to close the restaurant at 12 a .m. Chairman O'Leary asked City Attorney Vega if a new second to the motion would be required. City Attorney Vega stated that a new second to the motion would be required. Commissioner Marston seconded the above motion . Commissioner Leung made a motion to substitute 2 a .m . for the 12 a .m. closing t ime . Seconded by Vice -Chairman Haddad and carried by the following roll call vote : AYES : ABSTAIN : NOES : ABSENT: Commissioner-Cordes , Leung , Marston , Haddad Commissioner-None Commissioner-O 'Leary Commissioner-None City Attorney Vega clarified that the approval of Commissioner Leung 's motion amended the proposed closing time in Commissioner Cordes ' motion , and that now a vote is needed to approve the motion made by Commissioner Cordes as amended by Commissioner Leung 's motion to propose a 2 a .m. closing time . Chairman O'Leary asked if a new second to the motion is required . City Attorney Vega stated no new second to the motion is required . Commissioner Cordes ' motion , as amended by Commissioner Leung 's motion , was carried by the following roll call vote: AYES : ABSTAIN: NOES : ABSENT : Commiss ioner-Cordes , Leung , Marston , Haddad Commissioner-None Commissioner-O 'Leary Commissioner-None Planning Commission Minutes July 28 , 2015 Page 5 of 6 8. UNFINISHED BUSINESS-None 9. NEW BUSINESS-None 10. COMMUNICATIONS-None 11. UPDATE FROM THE COMMUNITY DEVELOPMENT DIRECTOR Community Development Director Forbes welcomed Commissioner Marston to the Planning Commission . 12. COMMISSION ITEMS SEPARATE FROM THE COMMUNITY DEVELOPMENT DIRECTORS REGULAR AGENDA A. COMMISSIONER CORDES-Asked Community Development Director Forbes for an update regarding the improvements made at the Temple C ity Un ified School District (TCUSD). Community Deve lopment Director Forbes stated that all permits for the improvements made to the TCUSD are administered by the State of California . He stated that he will return to the Planning Commission with an update regarding the abovementioned improvements at the next Planning Commission Meeting . B. COMMISSIONER LEUNG-None C. COMMISSIONER MARSTON-Thanked staff for the materials that were presented to her. D . VICE-CHAIRMAN HADDAD-Welcomed fellow commissioner Marston to the Planning Commission . E. CHAIRMAN O 'LEARY-Welcomed fellow commissioner Marston to the Plann ing Commission . 13 . ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Eugene Fu , representative of residents , stated that the residents of Temple City are disappointed that the Planning Commission approved the project without amending the hours of operation . Anonymous resident , stated that she did not feel that the public were heard by the Planning Commission . A nonymous resident , thanked Chairman O'Leary for voting in favor of staffs recommendation and expressed concern regarding the approved hours of operation . Planning Commission Minutes July 28, 2015 Page 6 of 6 Anonymous resident , stated that she is not in favor of the approved hours of operation . Cindy resident , thanked Chairman O'Leary for voting in favo r of staff's recommendation and expressed concern regarding the approved hours of operation and the sale of alcohol. 14. ADJOURNMENT The Planning Commission Regular Meeting was adjourned at 8 :59p .m. Chairman Secretary Hours of Operation of Surrounding Restaurants Attachment D Days of the No. Restaurant Week Hours of Operation Weekend Hours of Operation 1 Big Rice Korean Cuisine 11:00 a.m .-9 :30p.m. Seven days a week 2 Togo's Sandwiches 10:30 a.m.-10:00 p .m . Seven days a week 3 Grand Harbor Restaurant 9 :00a.m .-10:00 p .m . Seven days a week 4 Orange Chi cke n Ex pre ss 11:00 a .m .-9:00p .m . Seven days a week 5 Chuan's 11:30 a .m.-10:00 p.m . Se ven days a week 6 Chipotle Mexican Grill 11:00 a .m .-10:00 p .m. Seven days a week 7 Yo shinoya 7 :00a.m.-12 :00 a.m . Seven days a week 8 The Hat 10:00a.m.-11:00 p .m . Seven days a week 9 Denny's 24/7 operation Fridays and Saturdays 11:30 a.m .-11 :00 p.m . 10 Old Country Cafe Monday-Thursd ay 11:30 a.m.-10:30 p.m. Sundays 11:30 a.m .-9:00p.m . 11 Tenju Tea House Sunday-Thursday 11:30 a.m.-11:00 p.m . Fridays and Sat urd ays 11:30 a.m .-12:00 p.m . 12 Ono Hawaiian Barbecue Su nday-Thursday 11:00 a.m.-9 :00p.m. Friday s and Saturdays 11:00 a.m.-9:30 p.m. Fridays and Saturdays 8:00a.m .-10:30 p.m . 13 Pepe 's Mexican Food Monday-Thursday 6:00a.m .-9 :30p.m . Sundays 8:00a.m. -9:30p.m . 14 Guppy Ho use Sunday-Thursday 11:30 a.m .-12:00 p .m . Fridays and Saturd ay s 11:30 a.m .-1 :00 a.m . 15 Burger Kin g Monday -Saturday 6:00a .m .-12:00 a.m. Sundays 7:00a .m .-12:00 a .m . Fridays 11:00 a.m .-9 :3 0p.m. Saturdays 11:00 a.m .-9:30p.m. 16 Home Town Buffet Monday-Thursd ay 11:00 a.m .-8:30p.m . Sundays 8 :00a.m .-9 :30p.m. 17 Ish Kitc h en Su nday -Thursday 11:00 a.m .-10:00 p .m. Friday and Saturday 11:00 a.m .-11:00 p.m . Friday and Saturday 10:00 a.m .-2:00a.m. Applebee's Monday-Thursa dy 11:00 a.m. -12:00 a.m . Sundays 10:00 a.m .-12:00 a.m .