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)