HomeMy Public PortalAbout02-134 CITY OF CARSON
CITY COUNCIL
RESOLUTION N0.02-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA
MODIFYING THE DECISION OF THE PLANNING COMMISSION AND APPROVING
DESIGN OVERLAY REVIEW NO, 765=01
j THE CITY COUNCIL OF THE CITY OF CARSON HEREBY FINDS, RESOLVES AND
ORDERS AS FOLLOWS:
Section 1. An application was duly filed by the applicant, McDonald's Corporation,
with respect to real property located at 21836 Avalon Boulevard and described in Exhibit "A"
attached hereto, requesting the approval of Design Overlay Review (hereinafter "DOR") No.
765-01. Said application seeks design review of a 4,786 square foot drive-thru restaurant
Section 2. A public hearing was duly held by the Planning Commission on May 14,
2002, at 6:30 P.M. at City Hall, Council Chambers, 701 East Carson Street, Carson,
California. A notice of time, place and purpose of the aforesaid meeting was duly given.
Evidence, both written and oral, was duly presented to and considered by the Planning
Commission at the aforesaid meeting. At the conclusion of the meeting, the Planning
Commission voted to approve DOR No. 765-01, subject to conditions.
Section 3. An appeal of the Planning Commission's decision was timely filed by
Councilmember Calas. A public hearing was duly held by the City Council on July 16, August
6, August 20, September 3 and September 17, 2002 at 6:00 p.m. at City Hall,
Chambers, 701 East Carson Street, Carson, California. Evidence, both written and oral, was
duly presented to and considered by the City Council at the aforesaid meetings. The
applicant attended and presented evidence at said public hearings. At the conclusion of the
public hearings, the City Council announced its intended decision to modify the decision of d
the Planning Commission and approve DOR No. 765-01, subject to conditions.
Section 4. The City Council hereby finds that:
a) The subject development plan seeks approval to demolish an existing
McDonald's restaurant and construct a new 4,786 square foot drive-thru restaurant. The
property is located in the CG-D (Commercial, General, Design Overlay Review) zoned
district. The property is surrounded by a private school, retail commercial uses, offices and
single-family residential uses. The proposed use and development is consistent with the
General Plan, which designates the property for general commercial development. The
proposed use is consistent with the surrounding uses, which are primarily retail services and
single-family residential.
b) The proposed building will have stucco with red tile finish at the base of all
exterior walls. The roofline will consist of two different styles with a red mansard roof over the
restaurant and a cornice over the indoor play area and main entryway. The design and
architecture of the proposed development conforms to all the applicable design standards of
the City of Carson... The design is modern and the site layout will be compatible with the
surrounding buildings in the area. Conditions have been included to require compliance with
setback and parking requirements. A condition has also been included to instruct the
applicant and Planning Division to incorporate revisions to the building elevation facing
Avalon Boulevard in order to improve architectural compatibility with anticipated development
in the area.
9
t
e
3 Resolution No.02-134
Page 2 of 10
c) The project features standard corporate McDonald's signs on the building, front
setback and throughout the drive-through and play areas. Building signs will be located on
the northern, southern and western elevations. The applicant proposed to retain the existing
pole sign. The Planning Commission added a condition of approval requiring the removal-of
the pole sign and installation of a monument sign.
d) On September 4, 2002, the City Council Sign Sub-committee reviewed the
E Planning Commission action to approve DOR No. 765-01 subject to a requirement that the
existing pole sign be removed. The City Council Sign Sub-committee recommended that the
Planning Commission efforts to require monument signs be supported in order to
e) The following modifications to the Planning Commission decision will ensure
compatibility with surrounding uses and consistency with goals and objectives relating to
business signs in the commercial zones.
35. Business signs and sign structures shall be permitted in conformance
with Section 9136.7 of the Carson Municipal Code and development plans
which have been approved pursuant to the Site Plan and Design Review
procedures (including the number of signs and sign structures to be permitted)
as provided in Section 9172.23. A sign program shall be approved by the
Planning Division prior to the issuance of a building permit.
36. The applicant shall remove the existing pole sign within two years of this
authorization. A monument sign may be constructed in compliance with the
approved sign program and provisions of Section 9136.7 of the Carson
Municipal Code.
37. The applicant shall modify the final site plan to identify the location of a
future monument sign. Electrical wiring and other related improvements shall
be provided during the construction of the restaurant building as deemed
reasonable to facilitate the installation of a monument sign.
MC/D76501 pr
Resolution No.02.134
Page 3 of 10
Section 5. Based on the foregoing, the City Council hereby modifies the decision of
the Planning Commission and approves Design Overlay Review No. 765-01 with respect to
the property described in Section 1 hereof, subject to the conditions set forth in Exhibit "B" as
' modified in Section 4, Paragraph E of this Resolution.
PASSED, APPROVED AND ADOPTED T 'S It DAY OF OCTOBER, 2002.
IAol
A
ATT ST: M OR
CITY CLERK
APPRO D AS TO FORM:
10
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council i5 four; that the foregoing resolution, being Resolution No. 02-134
as duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 1st day of
October, 2002, and that the same was passed and adopted by the following vote:
AYES: COiJNCIL MEMBERS: Mayor Sweeney and Frank
NOES: COUNCIL MEMBERS: Dear
ABSTAIN: COUNCIL MEMBERS: Calas
ABSENT: COUNCIL MEMBERS: None
City Clerk, City of Carson, Ca ifornia
Exhibit "A"
Legal Description
MC/D76501pr
Resolution No.02-134
31
Page 4 of 10
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE SOUTH 200 FEET OF THE NORTH 270 FEET OF LOT 36 OF TRACT 2982, IN THE
CITY OF CARSON, AS PER MAP RECORDED IN BOOK 35, PAGE 31 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
EXCEPT THEREFROM ANY PORTION LYING WITHIN THE LINES OF TRACT 26121, AS
PER MAP RECORDED IN BOOK 682 PAGE 100 OF MAPS,
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND DESIGNATED AS PARCEL
NO 19-43 IN THE FINAL DECREE, OF CONDEMNATION, ENTERED IN SUPERIOR
COURT, LOS ANGELES COUNTY, CASE NO. 8601069 A CERTIFIED COPY OF WHICH
WAS RECORDED ON OCTOBER 22, 1968 AS INSTRUMENT NO, 3368 IN BOOK D-4171
PAGE 746, OFFICIAL RECORDS OF SAID COUNTY,
ALSO EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES IN AND UNDER SAID LAND LYING BELOW A DEPTH OF 500 FEET FROM
THE SURFACE THEREOF; BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED
IN THE DEED RECORDED APRIL 28, 1961 AS INSTRUMENT NO 2315 IN BOOK D-1204
PAGE 565, OFFICIAL RECORDS,
SAID LAND IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 1686, IN
THE CITY OF CARSON, AS PER MAP FILED IN BOOK 25, PAGE 78 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
PARCEL 2:
LOT 36 AND THE NORTHERLY 14.91 FEET OF LOT 35, BOTH OF TRACT 2982, IN THE
CITY OF CARSON, AS PER MAP RECORDED IN BOOK 35 PAGE 31 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE NORTHERLY 270 FEET OF SAID LOT 368
ALSO EXCEPT THEREFROM ANY PORTION LYING WITHIN THE LINES OF TRACT
26121, AS PER MAP RECORDED IN BOOK 682 PAGE 100 OF MAPS, IN THE OFFICE OF
THE COUNTY REDORDER OF SAID COUNTY.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND DESIGNATED AS PARCEL
OF NO. 19-43, IN THE FINAL DECREE CONDEMNATION ENTERED IN SUPERIOR
COURT, LOS ANGELES COUNTY, CASE NO. 860106, A CERTIFIED COPY WHICH WAS
RECORDED ON OCTOBER 22, 1968 AS INSTRUMENT NO. 3368 IN BOOK D4171 PAGE
746, OFFICIAL RECORDS OF SAID COUNTY,
ALSO EXCEPT THEREFROM THT PORTION OF SAID LAND WITHIN THE WEST 15 FEET
OF SAID LOTS 36 AND 35, AN INTEREST WHICH PASSED TO THE COUNTY OF LOS
ANGELES, BY THE FINAL DECREE OF CONDEMNATION ABOVE REFERRED TO.
SAID PARCEL IS ALSO SHOWN AS PARCEL 2 OF PARCEL MAP 1636, RECORDED IN
BOOK 25 PAGE 78 OF PARCEL MAPS.
MC/D76501 pr
Resolution No.02=134
Page 5 of 10
CITY OF CARSON
EXHIBIT "B"
CONDITIONS OF APPROVAL
DESIGN OVERLAY REVIEW NO. 765-01
GENERAL CONDITIONS
1. If Design Overlay Review No. 765-01 is not used within one year of its effective date,
said permit shall be declared null and void unless an extension of time is previously
approved by the Planning Commission.
2. The applicant shall comply with all city, county, state and federal regulations applicable
to this project.
3. The applicant shall make any necessary site plan and design revisions to the site plan
and elevations approved by the Planning Commission as Exhibits "C-1" and "D-1"
respectively in order to comply with all the conditions of approval and applicable
Zoning Ordinance provisions. Substantial revisions will require review by the Planning
Commission.
4. The applicant shall make any necessary site plan and design revisions in order to
comply with all the conditions of approval and applicable Zoning Ordinance provisions.
Substantial changes will require review by the Planning Commission. a
5. The applicant and property owner shall sign an Affidavit of Acceptance form and
submit the document to the Planning Division within 30 days of receipt of the Planning
Commission Resolution.
6. It is further made a condition of this approval that if any condition is violated or if any
law, statute or ordinance is violated, the permit shall lapse, provided the applicant has
been given written notice to cease such violation and has failed to do so for a period of
thirty days.
7. All buildings, grounds, parking areas and landscaping shall be maintained in a neat
and orderly manner at all times.
8. The applicant shall submit two complete sets of plans that conform to all the
Conditions of Approval to be reviewed and approved by the Planning Division prior to
' the issuance of a building permit.
9. Within forty-eight hours of approval of the subject project, the applicant shall deliver to
the Development Services Division a cashier's check or money order payable to the
County Clerk in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185,
Chapter 1706, Statutes of 1990, to enable the city to file the Notice of Determination'
required under Public Resources Code Section 21152 and 14 California. Code of
MC/D76501 pr
Resolution No.02-134
Page 6 of 10
Regulations 15075. If within forty-eight hour period the applicant has not
delivered to the Planning Division the above-noted cashier's check or money order, the
approval for the project granted herein may be considered automatically null and void.
10.In addition, should the Department of Fish and Game reject the Certificate of Fee
Exemption filed with the Notice of Determination and require payment of fees, the
applicant shall deliver to the Planning Division, within forty-eight hours of notification, a
cashier's check or money order payable to the County Clerk in the amount of $1,250
• (one thousand two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes
of 1990. If this fee is imposed, the subject project shall not be operative, vested or final
unless and until the fee is paid.
11.Decision of the Planning Commission shall become effective and final 15 days after
the date of its action unless an appeal is filed in accordance with Section 9173.4 of the
Zoning Ordinance.
12.A modification of the conditions of this permit, including additions or deletions, may be
considered upon filing of an application by the owner of the subject property or his/her
authorized representative in accordance with Section 9173.1 of the Zoning Ordinance.
13.Should the need arise to hire new employees, the applicant shall contact the Carson
Job Clearing House, (310) 952-1737, Extension 1118, for consideration of qualified
applicants.
14.The applicant shall merge the two lots into one lot and obtain approval of a lot merger
prior to the issuance of a Certificate of Occupancy.
PARKING
15.The required parking shall meet all applicable standards as outlined in Part 6, Division
2 of the Carson Zoning Ordinance.
16.All parking areas and driveways shall remain clear. No encroachment into parking
areas and/or driveways shall be permitted.
17.Parking spaces shall be identified (marked) as provided in Section 9162.56 of the
Zoning Ordinance.
18-Parking spaces shall be provided with perimeter guards as provided in Section
j 9162.55 of the Zoning Ordinance.
19.A11 areas used for the movement parking, loading, repair or storage of vehicles shall be
paved with either
a. Concrete or asphaltic concrete to a minimum thickness of three and one-half
inches over four inches of crushed aggregate base; or
b. Other surfacing material which, in the opinion of the Director of Engineering
Services, provides equivalent life, service and appearance.
MC/D76501 pr
y
Resolution No.02-134
Page 7 of 10
20.Compact spaces shall be properly designated pursuant to Section. 9162.43 of the
Zoning Ordinance.
21.Parking for handicapped shall comply with the requirements of Section 9162.42 of the
Zoning Ordinance.
22.The site plan shall be amended to correctly reflect the required number of
handicapped parking spaces.
LANDSCAPING/IRRIGATION
23.The applicant shall submit two sets of landscaping and irrigation plans drawn,
stamped, and signed by a licensed landscape architect. Such plans are to be
approved by the Development Services Division prior to the issuance of any building
permit.
24.The applicant shall comply with the provisions of Section 9168 of the Zoning
Ordinance, "Water Efficient Landscaping."
25.6" x 6" concrete curbs are required around all landscaped planter areas.
26.Landscaping shall be provided with a permanently installed, automatic irrigation
system and operated by an electrically timed controller station set for early morning or
late evening irrigation.
27.The applicant shall provide a minimum of 10 feet of landscaping along the front-yard
setback.
GRAFFITI LANDSCAPING
28.The applicant shall incorporate additional landscaping to screen and block specific
project areas that could be subject, as determined by the Planning Division, to graffiti.
29.Graffiti shall be removed from all project areas within 3 days of written notification by
the City of Carson. Should the graffiti problem persist more than twice in any calendar
year, the matter may be brought before the Planning Commission for review and
further consideration of site modifications (i.e., fencing, landscaping, chemical
treatment, etc.)
UTILITIES
i
30.A11 utilities and aboveground equipment shall be constructed and located pursuant to
Section 9136.8 of the Zoning Ordinance, unless otherwise provided for in these
conditions.
31.All roof-mounted equipment shall be screened from public view or incorporated into
the design of the structure or building.
MC/D76501pr
Resolution No,02-134
Page 8 of 10
32.All utility meters will be painted the same color as the structures to reduce visibilit (the
Gas Company will not allow meters to be placed in boxes . y
AESTHETICS
33.The elevation of the building along Avalon Boulevard shall be redesigned subject to
approval by the Planning Division. � �
34.The specification of all colors and materials must be submitted and approved by the
Planning Division prior to the issuance of any building permits.
SIGNS
35.Business signs and sign structures shall be permitted in conformance with Section
9136.7 of the Carson Municipal Code and development plans which have been
approved pursuant to the Site Plan and Design Review procedures (including the
number of signs and sign structures to be permitted) as provided in Section 9172.23.
A sign program shall be approved by the Planning Division prior to the issuance of a
building permit.
36.The applicant shall remove the existing pole sign within two years of this authorization.
A monument sign may be constructed in compliance with the approved sign program
and provisions of Section 9136.7 of the Carson Municipal Code.
37.The applicant shall modify the final site plan to identify the- location of a future
monument sign. Electrical wiring and other related improvements shall be provided
during the construction of the restaurant building as deemed reasonable to facilitate
the installation of a monument sign.
.- FENCES/WALLS
38.Perimeter walls shall be architecturally coordinated with the project buildings and
subject to the approval of the Planning Division.
39.A11 fences, walls and hedges shall be I t d and constructed in compliance with the
standards as provided for in Section 9136.3 (commercial zones) of the Zoning
Ordinance.
LIGHTING
40.All exterior lighting shall be provided in compliance with the standards as rovided for
in Section 9137.1 (commercial zones) of the Zoning Ordinance. p
NOISE
MC/D76501 pr
Aesolution No.02-134
Page 9 of 10
41.The drive-through menu and order board with speaker shall be oriented parallel to the
property line to ensure noise impacts are reduced upon adjacent properties to the
east.
TRASH � .
42.The trash enclosure(s) shall be located on a four-inch concrete pad screened by a six-
s
foot high decorative concrete block wall that is compatible with the architectural design
of the main building. Trash enclosure design is to be approved by the Planning
Division prior to issuance of any building permit(s). Vine planting is required around all
walls of the trash enclosure except for the gate.
FIRE DEPARTMENT - COUNTY OF LOS ANGELES
43.Provide Fire Department and City approved building address numbers prior to
occupancy.
44.The required fire flow for public fire hydrants at this location is 1750 gallons per minute
at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand.
45.A11 hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current
AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of
25' from a structure or protected by a two hour firewall. Location as per map on file
with this office.
46.A11 required fire hydrants shall be installed, tested and accepted prior to construction.
Vehicular access must be provided and maintained serviceable throughout
construction.
PUBLIC SAFETY - CITY OF CARSON
47.Ensure compliance with current seismic mitigation codes.
48.Where practical, surface treatments, accessibility or landscaping strategies should
work to deter graffiti. Stucco or cinder block walls, with access to the public, should be
set back or landscaped in such a way as to deter graffiti.
ENGINEERING SERVICES DEPARTMENT - CITY OF CARSON
49.The medians on Avalon Boulevard shall be modified to be consistent with an subject to a y new
proposed driveway locations sub
� approval by the City Engineer.
50.The applicant shall repair any broken or damaged sidewalk, curb and gutter.
51.The applicant shall install any missing street trees along Avalon Boulevard.
52.The applicant shall obtain a construction permit for any work to be done in the public
right of way.
MC/D76501pr
Resolution No.02-134
Page 10 of 10
53.The applicant shall comply with the applicable SUSMP requirements and shall
incorporate into the project.plan a Storm Water Mitigation Plan which includes Best Management Practices necessary to control storm water Pollution those
construction activities and subsequent facility operations. � from
54.All infrastructure necessary to serve the proposed development improvements) shall be in o °ration (water, and sewer
Occupancy. p prior to the issuancof the Certificate of
55.Prior to issuance of a Building Permit, the following must be on file:
a. Construction bond as required for all work to be done within the public right of
way, g
b. Proof of Worker's Compensation and Liability Insurance.
56.Any improvement damaged during the construction shall be r oved and
reconstructed per City standards and to the satisfaction of the City Engineer.
BUSINESS LICENSE DEPARTMENT-CITY OF CARSON
57.Per section 6310 of the Carson Municipal Code, all parties involved in the project,including but not limited to contractors and subcontractors, will need to obtain City
Business License.
MC/D76501 pr