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HomeMy WebLinkAboutItem 1 - MC 16-05_7 E. Huntington DrMC 16-05 April 26, 2016 Page 1 of 3 DATE: April 26, 2016 TO: Honorable Chairman and Modification Committee FROM: Lisa L. Flores, Planning Services Manager By: Thomas Li, Associate Planner SUBJECT: MODIFICATION NO. MC 16-05 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO RE-ACTIVATE THE WINDMILL THAT IS ATOP THE DENNY’S RESTAURANT TO ENABLE IT TO TURN AT 7 E. HUNTINGTON DRIVE. Recommendation: Conditional Approval BACKGROUND The subject property is a 38,062 square foot lot with a 4,390 square foot Denny’s restaurant at the corner of Santa Anita Avenue and Huntington Drive with parking lot located directly behind the restaurant. The restaurant was built in 1967 and the property is zoned Central Business District (CBD) with a Downtown Overlay – refer to Attachment Nos. 1 and 2 for an aerial photo with zoning information and photos of the subject property and surrounding properties. The mid-century modern Googie/Mimetic style building that was designed by local architects Harold Bissner and Harold Zook for the former Van de Kamp’s restaurant and bakery, as shown in the image below, and it still has the folded plate roof with the original windmill that sits atop the roof. In 1987, the City Council adopted Ordinance No. 1858 that amended the sign regulations, which included a provision that prohibited the windmill from turning. The former Van de Kamp’s restaurant bakery was subsequently closed, and the subject building was remodeled into a coffee shop which now houses a Denny’s. In 1999, Denny’s proposed to remove the iconic windmill and its support tower. However, a campaign was launched by a group of MC 16-05 April 26, 2016 Page 2 of 3 historic preservationists to stop the demolition of the windmill tower. Denny’s recognized its historical significance to this community and changed its plans to retain the windmill. As part of the restaurant’s remodel in 2013, the light bulbs on the windmill were replaced and have remained lit at night. Denny’s is now requesting to re-activate the windmill and enable it to turn because of the local support to return it back to its original status. ANALYSIS This proposal is to re-activate the windmill atop the Denny’s Restaurant and enable it to turn. The windmill will turn constantly as the restaurant is open 24 hours a day, seven days a week. The lights outlining the panes will only be lit at nighttime. A new motor will be installed to turn the windmill at a speed of approximately six times around in a minute. Under the Arcadia’s Municipal Code, the subject windmill is not permitted to turn. A windmill is considered a “sign” as defined in the Code, which includes any attention attracting device that is clearly visible to the general public, and moving signs are prohibited per Code. Therefore, a modification is necessary to allow the subject windmill to turn. Allowing the subject windmill to turn will allow this landmark to restore its original status, and provide an interesting entry to the City’s downtown. At the proposed rate of rotation, the turning windmill should not be a distraction to drivers and pose any traffic safety issues. Engineering Services and Building Services have reviewed the proposal and they have no concerns regarding this proposal. Therefore, approval of the subject modification request will secure an appropriate improvement of the lot. FINDINGS Section 9292.1.4 of the Arcadia Municipal Code states that the purpose of the Modification procedures is for the following: 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development Approval of this proposal to allow the subject windmill to turn would restore it back to its original status. It would also provide an interesting entry to the City’s downtown, and serves as a point of attraction. As a result, re-activating the windmill would be an appropriate improvement to this lot. ENVIRONMENTAL ANALYSIS The proposed project qualifies as a Class 1 Exemption under “Existing Facilities” involving the installation and operation of mechanical equipment with no expansion of use, from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. MC 16-05 April 26, 2016 Page 3 of 3 PUBLIC COMMENTS Public hearing notices were mailed on April 14, 2016, to the property owners within 100 feet of the subject site. As of April 22, 2016, staff has not received any public comments on this project. RECOMMENDATION It is recommended that the Modification Committee conditionally approve Modification Application No. MC 16-05 and find that the project is exempt per CEQA Section 15301, subject to the following conditions of approval: 1. The windmill shall be allowed to turn 24 hours a day, seven days a week. 2. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, Modification Committee, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 3. Approval of MC 16-05 shall not be of effect unless on or before 30 calendar days after approval of this project, the property owner/applicant has executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Attachment No. 1: Aerial Photo and Zoning Information Attachment No. 2: Photos of Subject Property and Vicinity Attachment No. 1 Attachment No. 1 Aerial Photo with Zoning Information 38,062 1 Attachment No. 2 Attachment No. 2 Photos of the Subject Property and Vicinity View of the subject property at 7 E. Huntington Drive View of the neighboring properties to the east of the subject property on Huntington Drive View of the neighboring property to the west of the subject property at the northwest corner of the intersection of Santa Anita Avenue and Huntington Drive View of the neighboring property to the south of the subject property at the southeast corner of the intersection of Santa Anita Avenue and Huntington Drive