HomeMy Public PortalAbout11) 8B Performance Review for Kang Ho Dong BaekjeongAGENDA
ITEM 8.8.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
April18, 2017
The Honorable City Council
Bryan Cook , City Manager
Via : Michael D. Forbes , AICP , Community Development Director~
Scott Reimers , Planning Manager
By : Hesty Liu , AICP , Associate Planner
90-DAY PERFORMANCE REVIEW FOR KANG HO DONG BAEKJEONG
AT 5700 ROSEMEAD BOULEVARD, UNIT 100 (FILE NO. 17-612)
RECOMMENDATION:
The City Council is requested to :
1 . Receive the staff report;
2 . Open the pub li c hearing and receive the public testimony ; and
3. Determine that the business has been in compliance with its cond ition a l use permit.
Changes to the conditions of approval are not warranted .
BACKGROUND:
1. On June 1, 2015 , Kang Ho Dong Baekjeong app li ed for a co nditional use permit to
estab lish a restaurant with beer and wine service in the Camellia Square shopping
center. The business proposed to occupy 5,320 square feet of floor area and operate
from 11 :30 a .m. to 2 :00a.m., seven days a week .
2 . On July 1, 2015, th e application was deemed comp lete .
3. On July 28 , 20 15, th e Planning Commission he ld a public heari ng to review the
application . After hearing staffs presentation and receiving public input, the Planning
Commission voted to approve the conditional use permit.
4 . On August 12, 2015, Councilmember Sternquist filed with the City Clerk a "Request
for Review" of th e Planning Commission 's decision .
City Council
April18, 2017
Page 2 of 3
5. On September 1, 2015 , the City Council held a public hearing to review the Planning
Commission 's decision approving the conditional use perm it. After hearing staff's
presentation and receiving public testimony , the City Council adopted a resolution
upholding the Planning Commission 's decision and requiring a review of the business 's
performance 90 days after the business opens (Attachment "A ").
6 . On September 30 , 2016 , upon the completion of the interior improvements , the
business received the business license and started to operate .
ANALYSIS:
The 90-day performance review , as stipulated in Resolution No. 15 -5120 , specifies that the
City Council will review the followings aspects :
1. The applicant's compliance with the Conditions of Approval stated in Resolution No.
15-5120.
2 . The applicant's compliance with applicable provisions of the Temple City Municipal
Code , and such provisions of state or federal law as may be applicable to the
applicant's use.
3. Calls for law enforcement or emergency medical services to the use or reasonably
related to the use or reasonably related to the conduct of its employees and patrons
within the Camellia Square Shopping Center and its immediate environs .
4 . Incidents of public nuisances, disturbances of the peace , or crim inal conduct
reasonably related to the use , including th e c onduct of its employees and patrons
within the Camellia Square Shopping Center and its immediate environs .
5 . Violations of the applicant's Alcoholic Beverage Control License and conditions related
thereto.
6 . Violations of the applicant's health permit and conditions related thereto.
7 . The presence of excessive noise or odor or similar nuisances for a continued period of
time that have a negative effect beyond the Camellia Square Shopping Center.
8. Such other reasonably documented facts or conditions brought to the attention of the
City Council that may negatively affect the health, safety , and welfare of patrons for the
Camellia Square Shopping Center and its environs , including residential
neighborhoods in proximity to the center. The City Council will not cons ider mere
speculation , theoretical conditions, or unfounded opinions or beliefs , as evidence in
their review .
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City Council
April18 , 2017
Page 3 of 3
Planning staff contacted the City's Community Preservation Division , Los Angeles County
Sheriffs Department, the California State Department of Alcoholic Beverage Control , and
the Los Angeles County Department of Public Health . The City's Community Preservation
Division received one complaint in December of 2016 from a res ident regarding excessive
odor from the business. The Commun ity Preservation staff vis ited the si te on numerous
occasions and did not observe the odor and therefore closed the c ase . The Division did not
receive any additiona l comp laints. The Sheriffs Department reported four service calls
initiated by the shopping center during the review period , none of which were related to the
operation of the business . The Department of Alcoholic Beverage Control indicated that they
did not receive any comp laints about the business during the review period . The Department
of Public Health responded that the business does not have any open violations .
CONCLUSION:
Based on the information collected , the business has been in compliance with the Temple
City Municipal Code and the conditions of approval. During the review period , the City did
not receive any comp laints related to disturbance of the peace or excessive noise . There
was one comp la int regarding odor that could not be substant iated . The business a lso holds
a good record regarding it s health and alcohol licenses. Changes to the project's conditions
of approval are not merited .
FISCAL IMPACT:
This item does not have an impact on the Fis c al Year 2016-2017 City Budget.
ATTACHMENTS:
A. Resolution No. 15-5120
Attachment A
RESOLUTION N0.15-5120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMP LE CITY
APPROVING A CONDITIONAL USE PERMIT FOR THE ESTAB LI SH MENT OF A
RESTAURANT WITH BEER AND WINE SERVIC E 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 ev idence submitted into t he administrative reco rd,
which includes, but is not limi ted to :
1. Reports and presentation of project related data and analysis prepared by the Community
Development Departm ent.
2. T he City of Temple City Mun icipal Code, and all other app licable reg ulations and codes .
3 . Pub lic comments, written and oral, received and/or submitted at or prior to the publ ic hea r ing ,
supporting and/or opposing the applicant's r eq ue st.
4. Tes timony and/or comments from the applicant and its representatives submitted to the City in
both written and oral form at or prior to the pub li c hearing .
5. All re lated d oc uments rece ived and/or submitted at or prior to the public hearing.
SECTION 2. Based on the foregoing ev id ence , the City Council finds that:
1. On June 1, 2015, th e applicant subm itted the applicat ion .
2. On Ju ly 1, 2015, the applica tion was deemed complete .
3. Notice of the July 28, 2014 Planning Commiss ion public hea ring was published in the newspaper.
4. On July 28, 2014, th e Planning Commission held a public he arin g and voted 4-1 approving the
conditional use permit includin g th e hours of o pe ra ti on as proposed by t he app li ca nt.
5. On August 12, 2015, Counci l Member Sternqu ist fil ed with the C ity Clerk a "Requ est of Rev iew"
fo r the project pursuant to Temple City Municipal Code Sec ti on 9 -1F-27 . The City Council pub li c
hearing to review the case was sche duled for Septembe r 1, 2015.
6. N otice of the September 1, 2015 City Council hearing was pub lished in the newspaper.
7. Notice of the City Council hearing was mailed to property owners w ith in a 500-foot radiu s at least
ten (10) days prior to th e hearing.
8. Notice of th e City Council hearing include d the notice requirements set forth in Government Code
Section 65009 (b)(2).
9. The project site is zoned C-3, Heavy Commercial.
10. The proj ect site is d es ig nated Co mmercia l by the Genera l Plan.
11 . The applicant is requesting to establish a f ood and drink establishment.
12 . The business proposes to serve bee r and wine.
13. The total floor area for the establ ishme nt is 5 ,320 square fee t.
City Council of the City of Temple City
Resolution No. 15-5120
Page 2 of6
14 . The proposed seating capacity for the food and drink establishment is 165 seats.
15. The proposed hours of operation are from 11:30 a.m. to 2:00a.m., seven days a week.
16. The Planning Commissio n approved the conditional use permit includ ing the hours of operation
proposed by the appl ica nt which are from 11:30 a .m . to 2:00a.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., seven
days a week.
SEC T ION 3. Based upon a public hea ri ng for a conditional use perm it, File No. 15-219, the City Council
finds:
1. That the site for the proposed use is adequate in size, shape , topography and circums tances to
sustain the proposed use ;
The subject site contains 159 ,521 square feet of land area wh ich is adequate in size to
accommodate a medium size shopping center with 81,469 square foot of bu ilding area. The
shopping center provides 394 on-site parking spaces , 127 surface parking spaces and 267
subterranean parking spaces. The shopping center was approved for up to 27 ,345 square feet of
drink or food establishments , each establishment requires a conditional use permit. The
applicant's request to establish a 5,320 square foot drink and food establishment which , along
with the previous ly approved restaurant, wi ll result in a gross floor area of 8,540 for such a use in
the center. The 8,540 square feet is well under the 27, 345 square feet limit. Therefore, the
project meets th is finding .
2. That the site does have sufficient access to streets and highways, adequate in width and
pavement type to carry the quantity and quality of traffic generated by th e 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 origi na ll y designed for
truck deliveries. Both Rosemead Boulevard and Las Tunas Drive are regional thoroughfa res and
identified as "primary roads" by the City's Genera l Plan . These streets have the capacity to carry
the quantities of traffic that will be generated by the shopping center. Therefore, the project meets
th is finding.
3. That the proposed use will not have an adverse effect upon the use, enjoyment 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, reta il and
office uses. The unit for the business is on the southerly border of the center, 305 feet away from
the adjacent residential dis tri ct. The hours of operation have been limited through conditions of
approva l. The onsite security camera is required to monitor the activities. The no ise level is not
anticipated to be significant. With the conditions of approval as recomm ended here inafter, staff
concludes that the project w ill not have an adverse impact on the neighboring propert ies
Therefore , the project meets th is finding.
SECTI ON 4. This project is found to have no significant effects upon the environment , and is categoricall y
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Exis ti ng Facilities )
of the Californ ia Environmental Quality Act Guide lines.
City Council of the City of T em pie City
Resolution No. 15-5120
Page 3 of6
SECTION 5. Accordingly, File No . 15-219 is approved and is subject to the following conditions :
1. The applicant and property owners, and the ir successors in interest, shall indemnify and
defend the C ity 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 lim itation) any award of litigat ion 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 project. T he City shall have the sole right to choose its counse l a nd property owners
shall reimburse the City's expenses incu rr ed in its defenses of any lawsu it challenging
the City's actions concerning this project.
2 . Development plans and tenan t improvements shall be in sub stan tia l compliance with the
submitted plans, date stamped Ju ne 1, 20 15 exce pt as mod ified herein .
3. Hours of ope ration shall be limited to 1 1:30 a.m. to 2:00a.m., seven days a week. The
last call for ordering food and drinks shall be 1:00 a.m ., seven days a week ; all patrons
shall leave the premises by 2:00a.m .
4 . Prior to issuance of a Certificate of Occupancy, the applicant shall enter into a binding
agreement with the owne rs of the Camellia Square Shopping Cen ter, to imp lement
act ions to proh ibit vehic les exiting the center onto Sultana Avenue from turning left
(northbound) after 11 :00 p.m., seven days a week. A copy of the executed agreemen t
shall be provided to the C ity . Actions taken should include, w ithout limitation, onsite
signage prohibiting left turns out of the center onto Sultana Avenue during the specified
time, and an onsite traffic control person during the specified time.
5. The City will schedule fo r the City Council a performance review of th e project 90 days
after the applicant opens for business , or as soon thereafter as the City Counci l's
schedule allows. The performance review shall be a noticed pub lic he aring held during a
regularly scheduled City Council meet ing . The City hereby reserves its right to modify
existing conditions of approval, or to add new conditions of approval, regarding operating
hours, traffic egress from the center, measures to mitigate noise, and measures to
mitigate odor. Specifically the City Co unci l wil l consider the following factors in making a
determination as to whether to modify or add conditions of approval:
a. The applicant's compliance with the Conditions of Approval stated in this
Reso lution No . 15-5120.
b. The applicant's compliance with applica b le prov1s1ons of the Temple City
Municipal Code, and such prov isions of state or federal law as may be applicable
to the applicant's use.
c. Calls for law enforcement or emergency medical services to the use or
reasonably related to the use or reasonably re lated to the conduct of its
employees and patrons within the Camellia Square Shopping Center and its
immediate env irons .
d. Incidents of public nu isances, disturbances of the peace, or crimina l conduct
reasonab ly related to the use, in cl ud ing the conduct of its employees and patrons
within the Camellia Square Shopping Center and its immediate env irons .
e. Violations of the applicant's Alcoholic Beverage Control License and conditions
related th ereto .
f. Violations of the applicant's health permit and conditions related thereto .
City Coun cil of the City of Temple City
Resolution No . 15-5120
Page 4 of6
g. The presence of excessive noise or odor or similar nuisances for a continued
period of time that have a negative effect beyond the Camellia Square Shopping
Center.
h. Such other reasonably documen ted facts or cond itions brought to the attention of
the City Council that may negatively affect the health, safety, and welfare of
patrons for the Camellia Square Shopping Center and its environs , including
residential neighborhoods in prox imity to the center. The City Council will not
consider mere speculation, theoretical conditions , or unfounded opinions or
beliefs, as evidence in their review.
6. Building Permits shall be obtained for all construction activities of the project includ ing
tenant improvements.
7. Construction plans or tenant improvement plans shall include a sheet contain ing each page
of this resolution at the ti me of building plan check submittal.
8. 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 .
9. No formal or informal entertainment (i.e., live entertainment, dancing, karaoke , etc.) sha ll
be allowed withou t a modification of th is Conditional Use Perm it.
10. The business shall have a maximum capacity of 165 seats , or lowe r if determined by the
Fire and/or Building Code . Future increase in the maximum number of seats shall req uire
the approval of a modification of this Cond itiona l Use Pe rm it, subject to the regulations of
the Fire and/or Build ing Code.
11 . No additional seats and /or outside dinn ing is approved as a part of this app lication .
Approval of a Mod ification of this Conditiona l Use Perm it is required if t he business wants
to increase the total number of seats and/or to ha ve outside d inn ing.
12. No deliveries (food, linens, etc.) or maintenance/repairs (used cooking oil , grease trap
clean out, HVAC, etc.) shall occur during peak lu nch (11 :00 a.m . -2:00 p.m .) o r peak
d inner (5:00p.m.-7:30 p.m.) periods .
13. A video survei llance system shall be installed and the camera locations shall be subject
to the review and approva l of the Community Developme nt Department. The video
surveillance sha ll be recorded during regular business hou rs and kept on a
tape/CD/DVD/hard drive that shall be stored for a min im um of 30 days.
14. Adequate waste collection service shall be acquired and maintained to the sati sfaction of
the Community Development Direc tor. The business owner shall show proof of trash
service prior to the issu ance of the City business license.
15. The business shall be responsible for train ing employees and ensuring tha t trash lids are
closed after d isposi ng of waste to redu ce odors for neighbo r ing properties , reduce pest
infestation and prevent trash from falling onto the ground and entering the City's sto rm
drain.
16. The business shall be responsible fo r ma inta ining (clean and free from trash ) the
sidewalk and parking spaces lo cated in front of the unit to the satisfaction of the
Community De velopment Director.
17. The business shall be responsible fo r providing adequate pest control services to the
satisfaction of the Community Deve lopment Director. If the shopping center provides pest
City Council of the City of Temple City
Resolution No. 15-5120
Page 5 of6
control services, the Community Development Director shall have the abil ity to increase
pest co ntrol service or require separate pest control from the business owner of this
applicat io n.
18 . 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 s ized to prevent spi llage of
waste water during floor cleaning .
19. All sig ns for the business sha l l be subject to the review and approval of t he Community
Development Department.
20. T he property and business owner(s) shall be responsible for controll ing loitering , smoking
(pursuant to California State Government Code) and other conduct of individuals on the
premises or immediately outside the prem ises.
21. If the operation of the business causes ser ious concerns and issues, the City reserves
the right to review or revoke this Condition al Use Permit approval subj ect to th e procedu re
and the find ings set forth in the Zon ing Code.
22 . A ll activiti es and functions of the site shall be subject to the City's Noise Ord inance . Any
v iola tion of t he C ity's Noise Ordinance as contained in Section 9-11-0 through 9-11-6 shall
be grounds for revocation o f this Conditional Use Per mi t.
23 . The business owner shall not be allowed to empty bottles or glass containers into the
outdoor trash o r recycling bins between the hours o f 9:00p.m. and 7:00a.m .
24 . The applicanVproperty owner shall meet all requirements of t he Nati ona l Pollutant
Discharge Elimination System (NPDES) rela ted to poll utants , ru noff or non-storm water
discharges.
25. Disposal of Construction Waste : No constructio n activity waste or material of any kind,
including plaster, cement, paint, mud, or any o th er type of debris or liquid shall be allowed
to be disposed of in th e street or gutter, storm drain or sewer system. A ll construction
debris spills shall be removed daily and shall use ne cessary dust control measures. Failure
to comply wi th th is condition will re su lt in charges filed by the District Attorney.
26. All goods and materials associated w ith the food establishment shall be stored w ithin the
building at all times. No storage sheds or outside storage shall be permitted .
27. The food establishment u se shall be in full compliance w ith a ll applicable health and
safety standards, as well as a ll requ irements o f industrial waste.
28. The food establishment shall be su bject to applicable requirements or permit(s) of the
South Coast Air Quality Management District, Los A ng e les County Health Depa rt ment
regulations and all other applicable agencies .
29. The Conditions of Approval contained in th is Resol u tion may be enforced by the She ri ff's
Department, as we ll as City Staff. Any vio lation of any condit ion is a misdemeanor and
may be processed d irectly by crim inal complaint.
30. Th is Cond itional Use Permit shal l expire 24 months from the date of approval if said
Conditional Use Permit is no t exercised w ithin th at t im e. If the project is not commenced
prio r to the expiration date, the applicant may apply in writing for a n extension of ti me at
least forty (40) days before the expirati on date.
31 . The conditional use perm it sha ll expire si x months after the d iscontinuation of the use.
City Council of the City of Temple City
Reso lution No. 15-5 120
Page 6 of 6
32. The gran ting body shall reserve th e power o f revocation o f this approval an d/or imposing
additional conditions, through a noti ced public hea ring and in accordance with the provisions
of 9-1 F-40 of the Zoning Code, to addres s any significa nt issues that surfa ce in the future .
33 . The applicant sha ll sign an Acceptance of Project Conditions Form acknowledging
acceptance of these Cond it ions of Approval.
SECTION 6. T he City Clerk shall certify to the adoption of this Resolution.
PASSED, AP PROV ED AND ADOPTED TH IS 151 DAY OF SEPTEMBER , 2015 .
T om Chavez , Mayor
ATTEST: APPROVED AS TO FORM:
Eric Vail, City Attorney
I hereby c ertify tha t the forego in g Reso lution, Re so luti on No. 15-5120, was adopted by the City Council of the
City of T emple City at a regular meeting held on the 1st of September, 201 5, by the foll owi ng vote:
AYES :
NOES:
ABSENT:
Council Members: Man , Sternq u ist, Yu
Council Members: Chavez, Fish
Cou ncil Members: None