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