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HomeMy Public PortalAbout10_8A_Santa Anita Bellagio Car WashCOMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: November 17, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Scott Reimers, Community Development Director By: Hesty Liu, AICP, Associate Planner SUBJECT: APPEAL OF THE PLANNING COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT (FILE NO. 19-1668) TO MODIFY A CHANGEABLE COPY SIGN AT 5637 SANTA ANITA AVENUE RECOMMENDATION: The City Council is requested to: 1.Open the public hearing; 2.Accept public testimony from the applicant and members of the public; and 3. Adopt Resolution 20-5501 (Attachment “A”) upholding the Planning Commission’s decision approving File No. PL 19-1668 subject to the recommended conditions of approval. BACKGROUND: 1.In 2011, Bellagio Express Car Wash opened on the site of an existing car wash. The site had an existing monument sign at the northeast corner of the parking lot displaying a static message. The sign was originally built in 1993 at a size of nine feet wide and 12 feet tall. 2.In 2012, Bellagio Express Car Wash applied to the City for a sign permit to change the static display to a changeable copy display (“copy” in relation to signs refers to the text). At the time of the application, a changeable copy sign could be approved through a sign permit. It did not require a conditional use permit or a public hearing. AGENDA ITEM 8.A. City Council November 17, 2020 Page 2 of 8 After the sign permit was approved, Bellagio Express Car Wash installed the electronic changeable copy sign in the top portion of the monument sign. The overall size of the monument sign remained the same. 3. In 2013, the City amended its sign code to require a conditional use permit for a changeable copy sign. The requirement for a conditional use permit applied to a new sign as well as to a modification to any existing changeable copy signs. 4. On July 3, 2018, the City’s Community Preservation inspector opened a case at the Bellagio Express Car Wash site since the sign had been changed without any approvals. The sign was increased from 12 feet in height to approximately 16 feet in height and the appearance was modified to include a new capstone on the top, a new concrete base on the bottom, and a plexiglass board to display the text of “Car Wash”. New paint was applied to the sign body, and the electronic changeable copy sign was moved to the top. The City’s Zoning Code, at the time, stated that non-conforming structures such as this sign (it was non-conforming because the sign did not have a conditional use permit) may be continually utilized and maintained, provided that there is no alteration, addition, or enlargement to any such use, building, or structure. Over the next two years, both the City’s Community Preservation Staff and Planning Staff sought to provide the applicant with sufficient time and opportunity to bring the sign into compliance with the Zoning Code. 5. On January 11, 2019, the applicant representing Bellagio Express Car Wash applied for a conditional use permit for the proposed changes, which if approved would bring the sign into compliance. 6. On May 8, 2019, staff met with the applicant to discuss his proposal and provided the applicant a design that staff could recommend approval of (Figures 5 and 6 below). 7. On June 21, 2019, the applicant’s sign company submitted a design demonstrated in Figure 3, below. 8. On April 25, 2020, the application was deemed complete after all required materials were submitted. The applicant considered his options and submitted materials over time, which extended the normal length of time from when an application is submitted and deemed incomplete to when it can be deemed complete. The applicant’s proposal can be found in Figure 3, below. 9. On June 9, 2020, the Planning Commission held a public hearing to consider the matter. Based on the information in the staff report and the testimony from the applicant, the Planning Commission did not approve the application as submitted. Instead the Planning Commission adopted staff’s recommendation approving the conditional use permit with a condition requiring the applicant to make additional City Council November 17, 2020 Page 3 of 8 changes to the project design to meet the required findings. Specifically, pursuant to condition of approval number one, the applicant had to modify the sign’s orientation, reduce the height, and add elements to make the sign architecturally compatible (as shown in Figures 5 and 6, below). 10. On June 22, 2020, the applicant filed an appeal of the Planning Commission decision to the City Council. The applicant appears to want to move forward with the design he originally submitted (Figure 3), not with the modifications as required by the Planning Commission’s approval (Figures 5 and 6). 11. On September 1, 2020, the City Council approved the appellant’s request of postponing the hearing and scheduled the hearing for November 17, 2020. ANALYSIS: In 2013, the City amended the Zoning Code (Ordinance 13-974) to require a conditional use permit with additional findings to approve a changeable copy sign. The additional findings include: 1. The proposed changeable copy sign will not be detrimental to the public health safety, or welfare or materially injurious to uses, properties or improvements in the vicinity; and 2. The proposed changeable copy sign will not create a distraction for drivers or create any other traffic hazard; and 3. The proposed changeable copy sign is designed to be compatible with and enhance the existing property and surrounding neighborhood through the size, shape, color, and/or materials of the sign. Since the sign was modified after the adoption of Ordinance 13-974, the sign must comply with that Ordinance. Figure 1 and 2 show the difference between the original condition and the current condition. Notice the height of the sign in comparison to the vacuum system in the foreground. City Council November 17, 2020 Page 4 of 8 Figure 1: Original Sign Figure 2: Modified Sign The Applicant’s Revised Proposal To remedy the sign violation, the applicant submitted a conditional use permit application which sought to keep the sign’s existing height at approximately 16 feet (4 feet higher than the previously approved sign) and modify some details for the sign (as shown in Figure 2). The proposed changes included a new paint scheme, a new planter around the base, and two rafter tails on each side. The capstone and the side of the sign will be painted with a burgundy color to match that of the planter. The predominant color on the site is a range of earth tones from tan, dark brown, and orange. Figure 3 provides the proposed sign design. City Council November 17, 2020 Page 5 of 8 Finding 2: Distracting Drivers and Creating a Safety Hazard After reviewing the application, staff concluded that the project could meet Finding 2 only if conditions of approval were added. Staff added conditions three through seven, which address this finding. Factors related to distraction for drivers or concerns about traffic hazard can be addressed through conditions of approval. The City has imposed those conditions on similar projects. Standards such as the minimum duration for the messages, maximum parameters for the brightness, and the prohibition of any animation will be used to ensure that the sign does not create a distraction or affect public safety. It should be noted that since the sign was installed in 2012, the City has not received any complaints about the sign creating a distraction to drivers. Staff incorporated those conditions into the Planning Commission Resolution No. 20-2562 and the Planning Commission adopted them as part of their approval of the project. Finding 3: A Design that Enhances and is Compatible Finding 3 sets a high standard. The sign not only has to be compatible with the existing site and community but must also enhance the site and the community. To meet finding 3, the project design needs to be improved. The proposed sign is out of scale with its environment. A sign of 16 feet in height might be appropriate in other locations, such as adjacent to a wider street that has a 15-foot sidewalk. Or it might be better suited for a location where it would be pushed back from the sidewalk and landscaping could be used to create a sense of transition from the 16-foot mass down to the ground. Given the sign’s proximity to the sidewalk and the narrow nature of the sidewalk, a monument sign that is more horizontal than vertical and more human scaled is necessary to meet finding 3. The proposed increase in height will affect the human scale of the sign and completely transform the massing of the structure to “vertical”. Figure 3: Proposed Sign Design City Council November 17, 2020 Page 6 of 8 To be architecturally compatible, the project required adjustments to improve its relationship with the building on the site, a requirement of finding 3. The building makes use of clay tile and wrought iron or tubular steel to add some Spanish details. The colors are dark brown, light brown, and an orange color. There are also tile accents on the ground floor. Periodically along the elevations are faux columns. The existing buildings have mansard and hipped roofs. The proposed sign is not compatible with the existing structure. It does not include clay tile, wrought iron, tubular steel, the same color scheme, tile accents, faux columns, or any angled roofs (hipped or mansard). The sign is not compatible with the site, nor does it enhance the site. Figure 4 illustrates a human scale in comparison with the sign scale. For these reasons the sign, as proposed, would also fail to meet Finding 1 as it would have a detrimental effect on the public welfare. Prior to the Planning Commission meeting and at the request of the applicant, staff developed an alternative that would meet the requirements of Finding 3. In the following design, staff suggests that the sign be repositioned to face the intersection diagonally. This would provide additional room for landscaping between the sidewalk and the sign. It would also move the sign further from the sidewalk, thus improving its human scale. The Planning Commission approved a four-foot screen or using the existing screen onsite and placing it on an approximate two-foot base. The stucco-ed base would be wider than Figure 4: A human scale & sign scale City Council November 17, 2020 Page 7 of 8 the sign, reminiscent of Spanish architecture, and it would have a chamfered edge along the top. The total height of the sign and base would be six feet. A wood, rough sawn trellis would be built on either side of the sign and above the sign to help define the architectural style and help it complement the building onsite. The sign would be surrounded by low lying plants and the trellis would have vines trained up and along the top. The faux column elements on the car wash building would be transferred to the monument sign or within the wood pergola. Figure 5 depicts the concept of the alternative design. Figure 6 demonstrates the scale of the sign in relation to a human figure. The applicant’s proposal does not comply with the required findings for compatibility and enhancement and it creates detriment to the public welfare. Staff recommended and the Planning Commission approved the conditional use permit request with a condition that the sign must be further modified beyond the applicant’s proposal and according to the proposed design in Figures 5 and 6 and the descriptive text prior to that. The Planning Commission also approved a condition requiring the applicant to turn off the sign if the building permit is not finalized within six months from the City Council’s action. The Figure 5: Figure 6: City Council November 17, 2020 Page 8 of 8 applicant appears to not want to modify the design according to the Planning Commission’s conditions and therefore appealed the case to the City Council. An alternative to the staff recommendation is to deny the conditional use permit. If this is the direction the City Council wants to take, the City Council can direct staff to return with a resolution denying the applicant’s application. Denying the conditional use permit would have the effect of requiring the applicant to either remove the existing sign and structure or return it to its original condition (as shown in Figure 1). If the City Council were to approve the application as proposed, staff would need to receive feedback from the City Council and come back at a follow-up meeting relating to the relevant issues stated in Findings 2 and 3. CITY STRATEGIC GOALS: Upholding the Planning Commission’s decision will promote the City Strategic Goal of Good Governance. FISCAL IMPACT : Approval of this item will not have an impact on the Fiscal Year 2020-21 City budget. ATTACHMENTS: A. City Council Resolution No. 20-5501 Denying the Appeal and Approving File 19-1668 Subject to Conditions of Approval B. Planning Commission staff report and resolution with conditions of approval RESOLUTION NO. 20-5501 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY UPHOLDING THE PLANNING COMMISSION’S DECISION REGARDING A CONDITIONAL USE PERMIT FOR A CHANGEABLE COPY SIGN LOCATED AT 5637 SANTA ANITA AVENUE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. The City Council has considered all of the evidence submitted into 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.Public comments, written and oral, received and/or submitted at or prior to the public hearing, supporting and/or opposing the applicant's request. 4.Testimony and/or comments 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 related documents received and/or submitted at or prior to the public hearing. SECTION 2. Based on the following prefacing facts as more fully set forth in the administrative record, the City Council finds that: 1.On January 11, 2019, the applicant submitted the application for a conditional use permit to modify the changeable copy sign. 2.On April 25, 2020, the application was deemed complete. 3.On June 9, 2020, the Planning Commission held a public hearing to consider the matter. In approving the conditional use permit, the Planning Commission imposed a binding condition which requires that the applicant provide a revised project design with an improved compatibility. 4.On June 22, 2020, the applicant submitted the application appealing the Planning Commission’s decision. 5.On September 1, 2020, the City Council held the first public hearing for the appeal and continued the hearing to November 17, 2020. ATTACHMENT A Resolution No. 20-5501 Page 2 of 4 6. The project site is zoned NC, Neighborhood Commercial. 7. The project site is designated Commercial by the General Plan. SECTION 3. Based upon a public hearing for the conditional use permit, the City Council finds: 1. That the site for the proposed use is adequate in size, shape, topography and circumstances to sustain the proposed use; The subject site consists of a land area of approximately 24,170 square feet and has been improved with a commercial building area of approximately 5,000 square feet. The car wash business occupying the site was approved through a conditional use permit. The proposed use is for a modification to an existing changeable copy monument sign which is not a new use. The site’s circumstances are not adequate for the height, orientation, and location of the originally proposed sign. The sign is too tall for the proposed planter and in comparison, with the adjacent sidewalk. A sign of the proposed height would require a larger planter and, or a further distance from the public realm to provide the needed transition. The proposed conditions of approval will bring the height of the sign down to a human scale. It will also turn the sign so that the sign is moved further from the sidewalk, which will also help improve its human scale. These changes to the sign are necessary to ensure that the circumstances of the site are adequate to allow a changeable copy monument sign. Therefore, the project meets this 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 the proposed use; The proposed use will not generate additional traffic as the project only involves the unmanned changeable copy monument sign on the site. No other changes are proposed which will affect the existing site accesses. Therefore, the project meets this 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. Staff has proposed changes to the project design to lower the height of the sign and improve its design by adding additional landscaping, an arbor structure, and other elements that will reduce its potential adverse aesthetic effect on the adjacent properties. In addition, conditions of approval regulating the use and operation of the site which have been effectively used on changeable copy signs in the City will be applied to this sign to eliminate adverse effects of the sign on adjacent properties. With the proposed changes, the project is considered a compatible use for the subject property. Therefore, the project meets this finding. Resolution No. 20-5501 Page 3 of 4 SECTION 4. Based upon a public hearing for the changeable copy sign, the City Council finds: 4. The proposed changeable copy sign will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity. The proposed use is consistent with the land use designation of the property. The site is a non-residential use and a changeable copy monument sign in conformance with the sign ordinance is allowed through a conditional use permit. With conditions addressing the parameters of the display and the architectural design, the project will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity. Therefore, the project meets this finding. 5. The proposed changeable copy sign will not create a distraction for drivers or create any other traffic hazard. Conditions of approval will be imposed on the project to control the frequency of messages allowed, the brightness of the display during the day and at night, and the use of animation. With those conditions in place, the project will meet the finding. 6. The proposed changeable copy sign is designed to be compatible with and enhance the existing property and surrounding neighborhood through the size, shape, color, and/or materials of the sign. The project as submitted is not compatible with and does not enhance the existing property and surrounding neighborhood. To be architecturally compatible, the project requires adjustments to improve its relationship with the building on the site. The building makes use of clay tile and wrought iron or tubular steel to add some Spanish details. The colors are dark brown, light brown, and an orange color. There are also tile accents on the ground floor. Periodically along the elevations are faux columns. The existing buildings have mansard and hipped rooves. The proposed sign is not compatible with the existing structure. It does not include clay tile, wrought iron, tubular steel, the same color scheme, tile accents, faux columns, or any angled rooves (hipped or mansard). The sign is not compatible with the site, nor does it enhance the site. Conditions of approval have been provided to revise the sign’s design and height so that it not only is compatible but enhances the site and the surrounding neighborhood. With the conditions of approval in place, the proposed sign will meet the findings. SECTION 5. Based upon the findings and the information and recommendation contained in the staff reports for the Planning Commission and the City Council, and Resolution No. 20-5501 Page 4 of 4 based upon the testimonies received at the public hearing, the City Council upholds the decision and all the conditions of approval made by the Planning Commission regarding File No. 19-1668. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF NOVEMBER, 2020. Tom Chavez, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Greg Murphy, City Attorney I hereby certify that the foregoing Resolution, Resolution No. 20-5501, was adopted by the City Council of the City of Temple City at a regular meeting held on the 17th of November, 2020, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: RECUSED: Council Members: Peggy Kuo, City Clerk City of Temple City Planning Commission Staff Report June 9, 2020 FILE: PL 19-1668 ADDRESS: 5637 Santa Anita Ave DESCRIPTION: A request for a conditional use permit to modify the appearance of an existing changeable copy sign including an increase in the height from 12 feet to 16 feet. APPLICANT: Arash Nourollah (Bellagio Express Car Wash) PROJECT PLANNER: Hesty Liu, AICP, Associate Planner ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the California CEQA Guidelines. RECOMMENDATION: Adopt the attached Resolution approving File PL 19-1668, subject to the conditions of approval and finding the project exempt from CEQA. SUMMARY: This applicant’s proposal to modify a changeable copy sign requires the approval of the Planning Commission. In reviewing the application, staff identified the following issue: project design and compatibility. ATTACHMENT B June 9, 2020 Planning Commission Meeting Address: 5637 Santa Anita Ave File: PL 19-1668 Page 2 EXISTING CONDITIONS: Cross Streets Live Oak Avenue and Santa Anita Avenue General Plan Designation Commercial Zoning NC, Neighborhood Commercial Property Dimensions and Size Irregular shape, Approximately 24,170 square feet Current Use & Square Footage Commercial Car Wash, 5,118 square feet Existing Entitlements Conditional Use Permit 92-1133 for the construction and establishment of a car wash. A Modification of Conditional Use Permit 92-1133 was granted later to allow the business to operate on a 24-hour basis. In 1993, a building permit was issued for the monument sign to be established. In 2011, a changeable copy sign was added to the existing monument sign. Existing Easements N/A Street Classification and Width Santa Anita Avenue, a primary street with a right-of-way of 100 feet and a roadway of 80 feet. Live Oak Avenue, a collector street with a right-of-way of 100 feet and a roadway of 80 feet. Surrounding Neighborhood North MU (Mixed use), City of Arcadia South R-3 zone, High Density Residential East MU (Mixed use), City of Arcadia West C-G (General Commercial), City of Arcadia June 9, 2020 Planning Commission Meeting Address: 5637 Santa Anita Ave File: PL 19-1668 Page 3 PROJECT INFORMATION: The monument sign on the applicant’s site was originally constructed in 1993 for a car wash. The sign was 12 feet tall and 9 feet wide with a static display. The ownership of the car wash changed to Bellagio Express Car Wash in 2011 and the static display was replaced with a changeable copy sign (“copy” in relation to signs refers to the text). At the time, a changeable copy sign was permitted through the approval of a sign permit. Bellagio Express Car Wash submitted the application for a sign permit which was subsequently approved by the City. The digital display box on the sign was eight feet wide and three feet, three inches tall. The total height of the sign remained at 12 feet. In 2013, the City modified its sign code to require a conditional use permit for changeable copy signs. On July 3, 2018, the City’s Community Preservation inspector opened a case at the site since the sign had been changed without any approvals. The sign was increased from 12 feet to 16 feet and the appearance was modified to include a new cap stone on the top, a new concrete base on the bottom, and a plexiglass board to display the text of “Car Wash”. New paint was applied to the sign body, and the digital display box, because of the overall height increase, was moved to the top. The City’s Zoning Code, at the time, stated that non-conforming structures such as this sign (it was non-conforming because the sign did not have a conditional use permit) may be continually utilized and maintained, provided that there is no alteration, addition or enlargement to any such use, building or structure. Both the City’s Community Preservation Staff and Planning Staff have sought to provide the applicant with sufficient time and opportunity to correct the situation. Staff, at the request of the applicant has also developed an alternative design that would meet the Code’s compatibility and enhancement requirement. Sign Location Figure 1: The site June 9, 2020 Planning Commission Meeting Address: 5637 Santa Anita Ave File: PL 19-1668 Page 4 Figure 2 shows the difference between the original condition and the current condition. The applicant proposes to increase the height of the sign from the originally approved height of 12 feet to 16 feet and modify some details. The proposed changes include a new paint scheme, a new planter around the base, and two rafter tails on each side. The cap stone and the side of the sign will be painted with a burgundy color to match that of the planter. The predominant color on the site is a range of earth tones from tan, dark, brown, and orange. Figure 3 is the proposed sign design. Figure3: Proposed Sign Design Figure 2: Modified Sign Figure 2: Original Sign June 9, 2020 Planning Commission Meeting Address: 5637 Santa Anita Ave File: PL 19-1668 Page 5 ANALYSIS: In 2013, the City amended the Zoning Code (Ordinance 13-974) to require a conditional use permit and additional findings to approve a changeable copy sign. The additional findings include: 1. The proposed changeable copy sign will not be detrimental to the p ublic health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity; and 2. The proposed changeable copy sign will not create a distraction for drivers or create any other traffic hazard; and 3. The proposed changeable copy sign is designed to be compatible with and enhance the existing property and surrounding neighborhood through the size, shape, color, and/or materials of the sign. Since the sign was modified after the adoption of Ordinance 13 -974, it must comply with that Ordinance. After reviewing the application, staff concludes that the project can meet the second finding if conditions of approval are added. The changeable copy sign has existed since 2011. Factors related to distraction for drivers or concerns about traffic hazard can be addressed through conditions of approval. The City has imposed those conditions on similar projects. Standards such as the minimum duration for the messages, maximum parameters for the brightness, and the prohibition of any animation will be used to ensure that the sign does not create a distraction or affect public safety. It should be noted that since the sign was installed in 2012, the City has not received any complaints about the sign creating a distraction to drivers . Staff has incorporated those conditions (conditions number three through seven) in the draft resolution, if the Planning Commission decides to a pprove the project. Finding three sets a high standard. The sign not only has to be compatible with the existing site and community but must also enhance the site and the community. To meet finding three, the project design needs to be improved. The proposed sign is out of scale with its environment. A sign of 16 feet in height might be appropriate in other locations, such as adjacent to a wider street that has a 15-foot sidewalk. Or it might be better suited for a location where it would be pushed back from the sidewalk and landscaping could be used to create a sense of transition from the 16-foot mass down to the ground. Given the sign’s proximity to the sidewalk and the narrow nature of the sidewalk, a monument sign that is more horizontal than vertical and more human scaled is necessary to meet finding three. The proposed increase in height will affect the human scale of the sign and completely transform the massing of the structure to “vertical”. To be architecturally compatible, the project requires adjustments to improve its relationship with the building on the site, a requirement of finding three. The building makes use of clay tile and wrought iron or tubular steel to add some Spanish details. The colors are dark brown, light brown, and a n orange color. There are also tile accents on the ground floor. Periodically along the elevations are faux columns. The existing buildings have mansard and hipped rooves. The proposed sign is not compatible with the June 9, 2020 Planning Commission Meeting Address: 5637 Santa Anita Ave File: PL 19-1668 Page 6 existing structure. It does not include clay tile, wrought iron, tubular steel, the same color scheme, tile accents, faux columns, or any angled rooves (hipped or mansard). The sign is not compatible with the site, nor does it enhance the site. Figure 4 illustrates a human scale in comparison with the sign scale. For these reasons the sign, as proposed, would not meet Finding 1 as it would have a detrimental effect on the public welfare. At the request of the applicant, staff developed an alternative that we would support. In the following design, staff suggests that the sign be repositioned to face the intersection diagonally. This would provide additional room for landscaping between the sidewalk and the sign. It will also move the sign further from the sidewalk, thus improving its human scale. Staff recommends a four-foot screen or the existing screen onsite and placing it on an approximate two-foot base. The stucco-ed base would be wider than the sign, reminiscent of Spanish architecture, and it would have a chamfered edge along the top. The total height of the sign would be six feet. A wood, rough sawn trellis would be built on either side of the sign and above the sign to help define the architectural style and help it complement the building onsite. The sign would be surrounded by low lying plants and the trellis would have vines trained up and along the top. The faux column elements on the car wash building would be transferred to the monument sign or within the wood pergola. Figure 5 depicts the concept of the alternative design. Figure 6 demonstrates the scale of the sign in relation to a human figure. Figure 4: A human scale & sign scale June 9, 2020 Planning Commission Meeting Address: 5637 Santa Anita Ave File: PL 19-1668 Page 7 The applicant’s proposal does not comply with the required finding for compatibility and enhancement and not being detrimental to the public welfare. Staff recommends that the Planning Commission approve the conditional use permit request with a condition that the sign must be modified according to staff’s designs in figures five and six and the descriptive text prior to that, with the final project subject to approval by the Community Development Director. Staff also recommends a condition requiring the applicant to turn off the sign if the building permit is not finaled within six months from the Planning Commission’s action. An alternative to the staff recommendation is to deny the project. Attachment 1 includes a resolution to deny the application. If the Commission wishes to approve the application as proposed, the Commission will need to provide direction to staff on how the proposed design meets findings one and three and return to the Planning Commission with a revised resolution. FINDINGS: The findings required in Section 9-1F-11 of the Temple City Municipal Code for a Conditional use permit and findings required in Section 9-1L-3 for a changeable copy sign are contained in the attached Figure 5: Figure 6: June 9, 2020 Planning Commission Meeting Address: 5637 Santa Anita Ave File: PL 19-1668 Page 8 resolution (Attachment 1). The project was submitted under the previous Zoning Code and therefore all sections quoted here are referenced to the previous Zoning Code. ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the California CEQA Guidelines RECOMMENDATION: Adopt the attached Resolution approving File PL 19-1668, subject to the conditions of approval and finding that the project is exempt from CEQA. ATTACHMENTS: 1. Planning Commission Resolution (Denial) 2. Planning Commission Resolution (Approval) 3. Proposed Project Design 4. Public Comment Letter City of Temple City Resolution 20-2562 PC File PL 19-1668 Address: 5637 Santa Anita Ave A RESOLUTION OF THE TEMPLE CITY PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW BELLAGIO EXPRESS CAR WASH TO MODIFY THE EXISTING CHANGEABLE COPY MONUMENT SIGN LOCATED AT THE NORTHEAST CORNER OF THE BUSINESS SITE. SECTION 1. The Planning Commission has considered all of the evidence submitted into the administrative record which includes but is not limited to: 1. Reports and presentations of project related data and analysis prepared by the Community Development Department; and 2. The Temple City Municipal Code, General Plan, Subdivision Map Act, and all other applicable regulations and codes; and 3. Public comments, both written and oral, received or submitted at or prior to the public hearing; and 4. Testimony and comments submitted by the applicant and representatives in both written and oral form at or prior to the public hearing; and 5. All other related documents received or submitted at or prior to the public hearing. SECTION 2. This resolution is made with reference to the following prefacing facts as more fully set forth in the administrative record: 1. On January 11, 2019, the applicant submitted the application. 2. On April 25, 2020, the application was deemed complete. 3. On June 9, 2020, the Planning Commission held a public hearing to consider the application. 4. Notice of the Planning Commission public hearing was posted at the Council Chambers. Resolution No. 20-2562 PC PL 19-1668 5637 Santa Anita Avenue Page 2 of 5 5. Notice of the Planning Commission public hearing was published in a newspaper of general circulation and on the City’s website at least ten days prior to the hearing. 6. Notice of the Planning Commission public hearing was mailed to property owners within 500 feet of the property at least ten days prior to the hearing. 7. Notice of the public hearing satisfied the noticing requirements set forth in Government Code Sections 65090 and 65091. 8. The project site is zoned Neighborhood Commercial 9. The project site is designated Commercial by the General Plan. SECTION 3. Based upon information for the Conditional Use Permit, the Planning 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 site consists of a land area of approximately 24,170 square feet and has been improved with a commercial building area of approximately 5,000 square feet. The car wash business occupying the site was approved through a conditional use permit. The proposed use is for a modification to an existing changeable copy monument sign which is not a new use. The site’s circumstances are not adequate for the height, orientation, and location of the originally proposed sign. The sign is too tall for the proposed planter and in comparison, with the adjacent sidewalk. A sign of the proposed height would require a larger planter and, or a further distance from the public realm to provide the needed transition. The proposed conditions of approval will bring the height of the sign down to a human scale. It will also turn the sign so that the sign is moved further from the sidewalk, which will also help improve its human scale. These changes to the sign are necessary to ensure that the circumstances of the site are adequate to allow a changeable copy monument sign. Therefore, the project meets this 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 the proposed use; Resolution No. 20-2562 PC PL 19-1668 5637 Santa Anita Avenue Page 3 of 5 The proposed use will not generate additional traffic as the project only involves the unmanned changeable copy monument sign on the site. No other changes are proposed which will affect the existing site accesses. Therefore, the project meets this 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. Staff has proposed changes to the project design to lower the height of the sign and improve its design by adding additional landscaping, an arbor structure, and other elements that will reduce its potential adverse aesthetic effect on the adjacent properties. In addition, conditions of approval regulating the use and operation of the site which have been effectively used on changeable copy signs in the City will be applied to this sign to eliminate adverse effects of the sign on adjacent properties. With the proposed changes, the project is considered a compatible use for the subject property. Therefore, the project meets this finding. SECTION 4. Based upon information for the proposed changeable copy sign, the Planning Commission finds: 1. The proposed changeable copy sign will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity. The proposed use is consistent with the land use designation of the property. The site is a non-residential use and a changeable copy monument sign in conformance with the sign ordinance is allowed through a conditional use permit. With conditions addressing the parameters of the display and the architectural design, the project will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity. Therefore, the project meets this finding. 2. The proposed changeable copy sign will not create a distraction for drivers or create any other traffic hazard. Conditions of approval will be imposed on the project to control the frequency of messages allowed, the brightness of the display during the day and at night, and Resolution No. 20-2562 PC PL 19-1668 5637 Santa Anita Avenue Page 4 of 5 the use of animation. With those conditions in place, the project will meet the finding. 3. The proposed changeable copy sign is designed to be compatible with and enhance the existing property and surrounding neighborhood through the size, shape, color, and/or materials of the sign. The project as submitted is not compatible with and does not enhance the existing property and surrounding neighborhood. To be architecturally compatible, the project requires adjustments to improve its relationship with the building on the site. The building makes use of clay tile and wrought iron or tubular steel to add some Spanish details. The colors are dark brown, light brown, and an orange color. There are also tile accents on the ground floor. Periodically along the elevations are faux columns. The existing buildings have mansard and hipped rooves. The proposed sign is not compatible with the existing structure. It does not include clay tile, wrought iron, tubular steel, the same color scheme, tile accents, faux columns, or any angled rooves (hipped or mansard). The sign is not compatible with the site, nor does it enhance the site. Conditions of approval have been provided to revise the sign’s design and height so that it not only is compatible but enhances the site and the surrounding neighborhood. With the conditions of approval in place, the proposed sign will meet the findings. SECTION 5. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the California CEQA Guidelines. SECTION 6. Accordingly, File No. 19-1668, a request for a conditional use permit to modify the monument sign is approved, subject to the applicant complying with all conditions as set forth in Exhibits A to this resolution. SECTION 7. The Secretary shall certify to the adoption of this Resolution. EXHIBITS A. Planning Division Conditions of Approval Resolution No. 20-2562 PC PL 19-1668 5637 Santa Anita Avenue Page 5 of 5 Planning Commission Chair City Attorney I hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Temple City at a meeting held on the 9th of June, 2020, by the following vote: YES: Commissioner- Cordes, Guan, Haddad, O’Leary, Lee NO: Commissioner- None ABSENT: Commissioner- None ABSTAIN: Commissioner- None Secretary EXHIBIT A CONDITIONS OF APPROVAL Temple City, Planning Division Conditions of Approval 5637 Santa Anita Avenue Page 1 of 3 Project Specific Conditions 1. The project design shall be revised to correspond with Figures 5 and 6 of the Planning Commission staff report dating June 9, 2020. The revised design must be approved by the Community Development Department Director. 2. The changeable copy sign must be turned off if the building permit is not finaled within six months from the Planning Commission’s action 3. Sign images shall not change more often than every eight seconds, and transitions between images shall not exceed one second. 4. The images shall change instantaneously, with no special effects or video. 5. All the messages conveyed by the sign shall display static messages with no animation, or effects simulating animation including but not limited to dissolving, fading, scrolling, traveling, flashing, spinning, revolving, and shaking. 6. Signs shall have a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3-foot candles (over ambient levels) as measured at a height of five feet above the ground and between 150 and 350 feet from the sign under consideration, depending on the size of the sign, and aimed at the sign. 7. All the messages conveyed by the sign shall display static messages with no animation, or effects simulating animation including but not limited to: dissolving, fading, scrolling, traveling, flashing, spinning, revolving, and shaking. The duration of displaying each message shall last no less than 15 seconds. 8. If the display or the parameters set for the sign causes traffic distraction problems, based on compliant or local sheriffs’ input, the City reserves the right to impose additional conditions on the project. The City may modify PL 19-1668 5637 Santa Anita Avenue Page 2 of 3 or further restrict the intensity of any Electronic Changeable Copy Sign should the lighting create a distraction to drivers. 9. All the messages conveyed by this sign shall be related to the activities of the business occupying the site. No off-site advertising is permitted. Violations will be the ground of the City revoking this conditional use permit. General Conditions 10. The applicant and property owners, and their successors in interest, 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 project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City’s expenses incurred in its defenses of any lawsuit challenging the City’s actions concerning this project. 11. Building permits shall be obtained for all construction activities of the project including tenant improvements. 12. Construction plans or tenant improvement plans shall include a sheet containing each page of these conditions of approval at the time of building plan check submittal. 13. During any demolition and/or construction, noise will be controlled by limiting work on the site to 7:00 a.m. through 6:00 p.m., Monday through Saturday, and by requiring all trucks and motorized equipment to have proper operating mufflers. No construction work shall occur on Sunday. 14. 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 sewer system. All construction debris spills shall be removed daily and shall use necessary dust control measures. Failure to comply with this condition will result in charges filed by the District Attorney. PL 19-1668 5637 Santa Anita Avenue Page 3 of 3 15. This approval shall automatically expire 24 months from the date of approval if said approval is not exercised within that time. If the project is not commenced prior to the expiration date, the applicant may apply in writing for an extension of time at least forty (40) days before the expiration date. The granting body may in its discretion approve or deny the extension request. 16. This conditional use permit shall automatically terminate and be of no further force or effect in the event the use approved herein is discontinued or abandoned for a period of six consecutive months. 17. This approval and these conditions may be modified or revoked by the granting body (the Planning Commission) should it be determined that the project approved herein is detrimental to the public health, safety, or welfare; is operated or maintained contrary to these conditions of approval or any federal, state, or local law; or is operated or maintained so as to constitute a public nuisance. Such modification or revocation shall occur at a noticed public hearing and in accordance with the provisions of Section 9-1F-40 of the Zoning Code. 18. By carrying out the project approved herein or otherwise using or exercising this approval, the applicant acknowledges and accepts all of the conditions imposed. The applicant acknowledges that failure to comply with these conditions of approval may be cause for revocation of the approval. These conditions are binding upon the applicant, the current and future property owners, and any other party using or exercising this approval. The purpose of these submittal is to clarify the information provided to us. It is our intent to manufacture and install the signs in this package without errors. However, it is vitally important for all parties concerned to thoroughly review this submittal and ensure that the information contained within is error free. By approving this submittal package, the signer is declaring that everything in this package is correct - or is to be changed as indicated. BK Signs Inc. will only be held responsible for signs produced as indicated in these approved submittal. BK Signs Inc. has no responsibility for changes not authorized herein. Permit Package SIGN INSTALLATION & MANUFACTURING Bellagio Express Car Wash 13-00x 03.02.18 A Castañeda07 XXX-XXX-XXXX Project Name: Design Approval:Design Number:Date: LL/Proper ty Owner Approval By:Date: Date:Client Approval By:Client:Page:Revised:Drawn By: of Site Location: By signing this approval you agree to the sizes, colors, locations, and materials as specified. Approval of this design implies that it has been reviewed and that no further changes are required. At least one authorized signature and date is required. 01 This is an original drawing created by B.K. Signs, Inc. It is submitted for your personal use in connection with a project being planned for you by B.K. Signs, Inc. It is not to be shown to anyone outside your organization, nor it is to be reproduced, photographed, copied, exhibited, or used in any fashion without the express written approval of B.K. Signs, Inc. All of any part of this design (except registered T M) remain the property of B.K. Signs, Inc. 5637 Santa Anita Ave Temple, CA 09.20.17 Tel. (626) 334-5600 Fax (626) 334-5611 License #746856 1028 W. Kirkwall Road Azusa, CA 91702 SIGN INSTALLATION & MANUFACTURING B CAR WASHEXPRESS ellag o CAR WASH Bellagio Express Car Wash 13-00x 03.02.18 A Castañeda07 XXX-XXX-XXXX Project Name: Design Approval:Design Number:Date: LL/Proper ty Owner Approval By:Date: Date:Client Approval By:Client:Page:Revised:Drawn By: of Site Location: By signing this approval you agree to the sizes, colors, locations, and materials as specified. Approval of this design implies that it has been reviewed and that no further changes are required. At least one authorized signature and date is required. 01 This is an original drawing created by B.K. Signs, Inc. It is submitted for your personal use in connection with a project being planned for you by B.K. Signs, Inc. It is not to be shown to anyone outside your organization, nor it is to be reproduced, photographed, copied, exhibited, or used in any fashion without the express written approval of B.K. Signs, Inc. All of any part of this design (except registered T M) remain the property of B.K. Signs, Inc. 5637 Santa Anita Ave Temple, CA 09.20.17 Tel. (626) 334-5600 Fax (626) 334-5611 License #746856 1028 W. Kirkwall Road Azusa, CA 91702 SIGN INSTALLATION & MANUFACTURING E L E VATI ON: M O N UM E N T S I G N SCALE: 1:9.8C LED Digital display existing monument with new aluminum panel with routed out push through lettering stucco texture coat CAR WASH CAR WASH