Loading...
HomeMy Public PortalAbout05_7D_Bellagio Car Wash_5637 Santa Anita Ave Changeable Copy SignCOMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: March 16, 2021 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Scott Reimers, Community Development Director By: Hesty Liu, AICP, Associate Planner SUBJECT: ADOPTION OF RESOLUTION NO. 21-5510 WITH CONDITIONS OF APPROVAL FORMALIZING THE CITY COUNCIL’S APPROVAL FOR A CONDITIONAL USE PERMIT TO MODIFY A CHANGEABLE COPY SIGN AT 5637 SANTA ANITA AVENUE RECOMMENDATION: The City Council is requested to adopt Resolution 21-5510 (Attachment “A”) approving a conditional use permit for a changeable copy sign subject to the attached conditions of approval. BACKGROUND: 1.On November 17, 2020, the City Council held a public hearing to consider the appeal of the Planning Commission decision (File No. 19-1668) relating to a changeable copy sign at 5637 Santa Anita Avenue. After holding a public hearing, the City Council approved the appeal and directed staff to work with the appellant on providing additional landscaping surrounding the sign and changing the sign color (to reflect Figure 3 of the Planning Commission staff report “Attachment B”), and to bring back a resolution and revised conditions for Council’s approval. 2.On February 2, staff prepared a resolution for the City Council to adopt without including revised conditions of approval. This report and resolution have included the revised conditions of approval which, after the adoption, will finalize the City Council’s decision. AGENDA ITEM 7.D. City Council March 16, 2021 Page 2 of 3 ANALYSIS: At the meeting on November 17, 2020 the City Council discussed the project’s compatibility in relation to its height and aesthetics. The City Council concluded that with an improved color scheme and additional landscaping, the project will meet the required findings. The City Council therefore directed staff to work with the applicant on the paint colors and landscaping design. On December 14, 2020, the applicant submitted the new color scheme for the sign and agreed to planting 5-gallon roses around the base of the sign. Staff recommends that the City Council adopt the proposed resolution (which includes conditions of approval noting the change in color, the additional landscaping and the maximum of 16 feet for the height of the sign) Figures 1 and 2 show the existing and proposed color scheme. CITY STRATEGIC GOALS: Approving the project will promote the City’s Strategic Goal of Good Governance. FISCAL IMPACT : Figure 1: Existing Color Scheme Figure 2: Proposed Color Scheme City Council March 16, 2021 Page 3 of 3 Approval of this item will not have an impact on the Fiscal Year 2020-21 City budget. ATTACHMENTS: A. City Council Resolution No. 21-5510 and attachment B. Figure 3 of the Planning Commission Staff Report RESOLUTION NO. 21-5510 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING 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. Whereas, 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. Whereas, 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 opened the public hearing for the appeal and continued the hearing to November 17, 2020. 6. On November 17, 2020, the City Council heard the appeal and decided to modify Attachment “A” City Council of the City of Temple City Resolution No. 21-5510 Page 2 March 16, 2021 the conditions of approval. The City Council directed staff to come back with a revised resolution and conditions of approval for the project. 7. The project site is zoned NC, Neighborhood Commercial. 8. 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 of approximately 5,000 square feet. The car wash business is a long-time establishment which was approved through a conditional use permit. The changeable copy sign was approved through a sign permit. The proposed increase of height for the sign will not affect the land use for the site. 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 project will not generate additional traffic as the project only involves the unmanned changeable copy monument sign on the site. No changes to the land use are proposed which could 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. The applicant has agreed to an improved color scheme and additional landscaping for the sign. Since the three surrounding businesses present an inconsistent pattern on the sign height especially in light of the two neighboring businesses having a higher sign, the proposed sign will not result in an adverse impact on those businesses. In addition, conditions of approval regulating the brightness and other display factors will be imposed on the project. Those regulations have been proved to be effective in terms of eliminating adverse effects for the neighboring properties and for the traffic. With the proposed changes, the project is considered a compatible use for the subject property. Therefore, the project meets this finding. City Council of the City of Temple City Resolution No. 21-5510 Page 3 March 16, 2021 SECTION 4. Based upon a public hearing for the changeable copy sign, the City Council 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 is allowed through a conditional use permit. With conditions addressing the parameters of the display as well as an improved color scheme and landscaping, 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 as well as the brightness of the display during the day and at night. The use of animation will be prohibited. 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. To be architecturally compatible, the project will use an improved color scheme and additional landscaping. A condition reflecting such requirements has been incorporated in the Conditions of Approval. Therefore, the proposed sign will meet the findings. SECTION 5. Based upon the findings hereinbefore and the information and recommendation in the staff report for the City Council, and based upon the testimonies received at the public hearing, the City Council approves the conditional use permit for the proposed changeable copy sign, subjecting it to the conditions of approval as contained in “Exhibit A” of the City Council Resolution. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. Page 4 City Council of the City of Temple City Resolution No. 21-5510 March 16, 2021 PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF MARCH, 2021. VINCENT YU, MAYOR ATTEST: PEGGY KUO, CITY CLERK I hereby certify that the foregoing Resolution, Resolution No. 21-5510, was adopted by the City Council of the City of Temple City at a regular meeting held on the 16th of March, 2021, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: RECUSED: Council Members: Attached: Conditions of Approval Temple City, Planning Division Conditions of Approval 5637 Santa Anita Avenue Page 1 of 3 Project Specific Conditions 1.The project is approved based on the submitted design and color scheme, a height of 16 feet, and additional landscaping. The additional landscaping shall consist of five-gallon white roses at a spacing of no more than 24 inches around the base of the sign. 2.A sign permit and a building permit shall be acquired for the changeable copy sign. The building permit must be finalized within six months starting from the date of this approval. 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. Attachment B Figure 3: (Planning Commission Staff Report)