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HomeMy WebLinkAbout1273 '11 (l. .; . ,.., PLANNING COMMISSION RESOLUTION 1273 A RESOLUTION DENYING CONDITIONAL USE PERMIT 84-21 A REQUEST TO CONSTRUCT AND OPERATE AN EATING ESTABLISHMENT WITH A DRIVE-UP WINDOW, AND RELATED MODIFICATIONS AT 808 SOUTH SANTA ANITA AVENUE. WHEREAS, on October 2, 1984, an application was filed by Burger King Corporation to construct and operate an eating establishment with a drive up window, and for modifications to parking and window opening regulations, Planning Department Case No. C.U.P. 84-21, on property commonly known as 808 South Santa Anita Avenue, more particularly described as follows: Lots 1, 2, 3, and 4 in Block 2 of Tract No. 101, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 13, Page 52 of Maps, in the office of the County Recorder of said County. WHEREAS, a public hearing was held on October 23, 1984 at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, pursuant to review of the record including staff reports and testimony, the Planning Commission directed preparation of this Resolution to reflect their decision and findings. - 1 - 1273 ~ . . r~ NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: Section 1. That the factual data submitted by the Planning Department in the attached report is true and correct. Section 2. This Commission finds: 1. That the proposed development would not provide for adequate on-site parking. 2. That there will be traffic and circulation problems, both on-site and off-site. 3. That noise associated with the drive up window service will adversely affect the adjoining residential uses. 4. That the proposed development is too intense for the subject site. Section 3. That for the foregoing reasons this Commission determines that the granting of Conditional Use Permit 84-21 will be detrimental to the welfare of property in the vicinity, injurious to such property and inconsistent with the proper development in the neighborhood and zone - 2 - 1273 ~ p . . ,~ and, therefore, denies the application for Conditional Use Permit 84-21. Section 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of October 23, 1984, and the following vote: AYES: Hedlund, Szany, Wells, Harbicht NOES: Fee ABSENT: Dixon, Jahnke Section 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission held on the 13th day of November, 1984. AYES: Commissioners Dixon, Hedlund, Jahnke, Harbicht NOES: None ABSENT: Commissioners Fee,Szany - 3 - 1273 ,~ n .' . ,.. ~-7?' 0/ /' ;;.;/ '?(:'~{, ,K.ij~^"'-~ Chairman, Planning Commission City of Arcadia ATTEST: !urJ/id/tttLi ~L Secretary. Planning Commission City of Arcadia - 4 - 1273 . October 23, 1984 TO: ARCADIA CITY PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO.: CONDITIONAL USE PERMIT 84-21 PREPARED BY: WILLIAM WOOLARD DIRECTOR OF PLANNING GENERAL INFORMATION , APPLICANT: LOCATION: REQUEST: . LOT AREA: FRONTAGE: Burger King Corporation 808 South Santa Anita Avenue Conditional Use Permit to construct and operate an eating establishment with a drive up window, and for a modification to permit 32 on-site parking spaces in lieu of 49 required, and a modification to permit window openings facing abutting residentially zoned property. Approximately 26,400 sq. ft. (.61 acres) 176 feet on Santa Anita Avenue 150 feet on Alice Street EXISTING LAND The subject site is developed with a bank USE & ZONING: which is housed in a temporary building: and the site is zoned C-2H. SURROUNDING LAND USE & ZONING: GENERAL PLAN DESIGN ATION: . North: South: Arcadia Fire Dept.; zoned C-2H Developed with a parking lot; zoned C-2H Developed with single and multiple- family dwellings; zoned R-3H County Golf Course: zoned S-2, and a general office bUilding; zoned C-2 East: West: The subject property is designated as commercial. . . . PROPOSAL The applicant is proposing to develop the site with a 2,447 square foot Burger King eating establishment which includes a drive through window service lane. The drive through window will be located along the east wall of the building, approximately 23 feet from the adjoining residential property to the east. A landscape buffer 6-12 feet in width is proposed between the drive up lane and the adjacent residentially zoned property. There is also an existing 5-6 foot high solid masonry wall between the subject site and the adjoining residential property. Interior seating for 74 patrons would be provided. Thirty-two on-site parking spaces are proposed. Vehicle ingress to the site is proposed to be limited to the southerly driveway on Santa Anita Avenue. Egress from the site is proposed to be limited to the northerly driveway on Santa Anita Avenue. The exterior of the building will be stucco with red tile roofing around the perimeter of the building. ANALYSIS An eating establishment with a drive up window is a permitted use in a C-2H zone, with an approved Conditional Use Permit. The applicant's original design for the site (SK#l, copy included), was reviewed by staff from the Planning, Public Works, and Fire departments. It was staff's feeling that the SK#l plan's driveway on Santa Anita Avenue needed to be relocated northerly to prohibit exiting vehicles from attempting to proceed either southerly on Santa Anita Avenue or westerly on Campus Drive. The traffic signals would require extensive revisions to accommodate such traffic movements which may also adversely effect signal phasing at the Santa Anita/Duarte intersection. It was also felt that there might be a potential serious problem with customers exiting onto Alice Street and backing up in front of the fire station driveway (while waiting to proceed onto Santa Anita Avenue), thereby blocking responding emergency vehicles. The applicant subsequently revised the plan to mitigate the above concerns, resulting in plan SK#2. In attempting to mitigate the above concerns, the revised plan was less efficient in terms of its ability to provide on-site parking resulting in only 32 on-site parking spaces. C.U.P. 84-21 10/23/84 Page 2 . Based on the code requirement for this size eating establishment, a total of 49 on-site parking spaces is required. It appears that there is adjacent on-street parking areas along Alice Street for 4-5 cars, and along Santa Anita Avenue for 5 cars. The drive-through window service lane will accomodate approximately 4 cars before the order board and 4 cars between the order board and the pick up window. Because of this site's proximity to Arcadia High School, this facility will probably have a high volume of lunch time walk-in business. However, following athletic events and other school activities the site may experience substantial business which may not be able to be adequately accommodated in the 32 on-site parking spaces. . Staff believes that there are some potential parking and circulation problems with the proposed SK#2 plan. Patrons parking in front of the building, in the 90 degree parking stalls, may attempt to exit the site from the southerly driveway (one way ingress only), thereby conflicting with incomming traffic, and conflicting with Santa Anita/Campus traffic. Vehicles attempting to exit the site from this driveway would not have the benefit of a signal and any attempt to enter this intersection would conflict with one or more of the intersection's traffic movements. Also, if the parking in front of the building is filled, a customer looking for a parking space is forced to either exit the wrong way onto Santa Anita Avenue, go through the drive up window lane or back up approximately 100 feet within the parking lot before being able to turn around. The memo from the Department of Public Works notes that left turns from southbound traffic on Santa Anita Avenue will be prohibited. The Planning Department believes that it will be difficult to enforce this limitation without some form of physical barrier. There are fixed glazed windows along the east side of the building, in the dining room area, which face onto the adjoining residentially zoned property. These windows are approximately 26 feet from the property line and are separated from the residential property by the drive up window lane, approximately 12 feet of landscaped area and the'solid 5-6 foot masonry wall. In this instance, staff does not believe that the presence of these windows would significantly diminish the privacy enjoyed by the adjoining residential property. . C.U.P. 84-21 10/23/84 PaBe 3 ~ However, the drive through pick up window, which is also located along the east building wall, may result in potential noise problems which could be disturbing to residents of the adjoining property. It has been estimated, by the applicant's representative, that twenty percent of their business will be from the drive through customers. Of greatest impact upon the adjoining residential property is the noise problem which may result from the drive through window traffic. Idling vehicles and engine revving during the late evening hours would be particularly disturbing. Unfortunately control of the vehicles is not entirely up to the operators of the eating establishment and despite efforts which they may take to minimize the problem, there will still be instances which are beyond their control. Without the drive-up window, staff believes that the site could be developed with an eating establishment which would meet, or nearly meet, code parking requirements. Such a facility could be designed to be more compatible with the adjacent residential property than the proposed facility, and to reduce the on and off site circulation problems. . Pursuant to the provisions of the California Environmental Quality Act. the Planning Department has prepared an Initial Study for the proposed project. Said Initial Study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. Therefore, a Negative Declaration has been prepared for this project. RECOMMENDATION The Planning Department recommends denial of Conditional Use Permit 84-21 for the following reasons: 1. There would not be adequate on-site parking for peak demand, 2. There will be traffic circulation problems, both on and off-site. 3. Noise associated with the drive up window service lane will adversely affect the adjoining residential use. However, proposed if the Planning Commission determines that the application should be a~proved, the Planning . C.U.P. 84-21 10/23/84 Page 4 . . . Department recommends the following be made conditions of such approval: 1. Conditions as outlined in the attached report from the Department of Public Works shall be complied with to the satisfaction of the Director of Public Works. 2. That a modification be granted for 32 parking spaces in lieu of 49 required. 3. That a modification be granted for window openings facing abutting residentially zoned property. 4. That the maximum occupancy of the eating establishment shall not exceed Fire Department requirements. 5. That the southerly driveway shall be limited to ingress only, and the northerly driveway shall be limited to egress only, 6. That directional signing shall meet with the approval of the Public Works Department. 7. That a landscape and irrigation plan shall be submitted to the Planning Department for its review and approval, prior to the issuance of any building permits, and that said landscaping shall provide a dense buffer between the drive up window service lane and the adjoining residential property. 8. All signing shall comply with Code requirements. 9. All mechanical equipment shall be screened from view. 10. That all exterior lighting shall be subject to the review and approval of the Planning Director. 11. That prior to any building permits being issued for the construction of the eating establishment, that a Tentative Parcel Map, consolidating the lots, be filed for the subject site or, a covenant (in a form and content to meet with the approval of the City Attorney) shall be recorded in the Office of the County Recorder, which agrees to hold all the lots as one and agrees to provide all necessary dedications and easements. C.U.P. 84-21 10/23/84 Page 5 . . . 12. That C.D.P. 84-21 shall not take effect until the owner and applicant have executed a form available in the Planning Department indicating awareness and acceptance of the conditions of approval. FINDINGS AND MOTIONS Approval If the Planning Commission intends to take action to approve this project, the Commission should move to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment and, direct staff to prepare the appropriate resolution incorporating the specific findings and conditions of approval set forth in the staff report (or as may be modified by the Commission). Denial If the Planning Commission intends to take action to deny this project, the Commission should move to deny and direct staff to prepare an appropriate resolution incorporating the Commission's decision and findings in support of that decision. C.U.P. 84-21 10/23/84 Page 6 . . . DECEIVED C:C-i 31984 C:1TY OF ARCADlA ~'1 1\"1' ""'~ r"'\r-!~"" October 3, 19B4 TO: PLANNING DEPARTMENT FROM: DEPARTMENT OF PUBLIC WORKS SUBJECT: CONDITIONAL USE PERMIT NO. B4-21 BOB S. SANTA ANITA AVENUE This department's review of the subject CUP resulted in the following comments and/or requirements: 1. The existing parkway widths are ten (10) feet on Santa Anita Avenue and twelve (12) feet on Alice Street, 2. Close existing driveways not to be used and construct new P,C.C driveway aprons that conform to City Standard Drawing S-11, 3. Submit a grading and drainage plan prepared by a registered civil engineer. 4. Arrange for utility service and dedicate necessary easements, 5, The subj~ct property is served by a sewer line that has the capacity to transport sewage flows generated in accordance with land use reflected in the City's current general plan to the CSD system. 6. Traffic circulation as designed is adequate. The southerly drive approach shall be for entrance only and the northerly drive approach shall be for exit only with "right turn only" requirement. Left turns from southbound Santa Anita will be prohibited by the City. 7. The development shall conform to Fire Department and Water Division requirements for fire protection and domestic water service. At present, street trees and plants are adequate. Th i s department wi 11 reserve further comment on the landscaping until more definitive plans have been prepared and submitted. Future plants, such as those planned at points of ingress and egress, could create site restrictions. tYdc7! ~</ CHESTER N. HOWARD Director of Public Works CNH:CAH:rk . CITY OF ARCADIA, CALIFORNIA INTER-OFFICE MEMORANDUM DATE October 5, 19 84 .- TO Bill Woolard Cup 84-21 FROM B IC Clarke SUBJECT Sk.-'2 would be the fire depart~ent's first choice, the main reason being that there may be car back up in front of the rear ramp to the fire station from which fire equipment . responds. COPIES TO: SIGNED /74(Z:~ ,./ Battalion Chief TITLE . -"--1~---153.3 50 50 50 (301 " .0 SI t'/~.J ad.l /"24) (Hi T ,...~ ~ r . 2 Z ~C~C) U ~~~~~3 ~ ~<t <{ l;;'l ~~ :'1 ">4- 33 (j') I-fl L<<ATIq..j -I ' -{CaDdorr ~" 3 Sj 12- LOI 15' ,-,,0 ~~ ~ "'0 w,113-S2 (', 050 ~----- ~i . U./ '1 . ~~ ," ~~ :b CD @ CD 0 m ~t."" 135 UI (~$,/ 1"'"/.!1..I ,Z.:$/ t'2T..J t3LJ S3 3 SO 5':; SO. SO ." ,.. ~'\. ,I' ~EWt::DAL Of~ICE .. ~ILD\ N~ : ~ (-L LUCILEg CJnZ.EET '" ~ , <: 200 '>S<; ~ICHOL'0 ~~, cyy '2PsAl-JC H (-~H :> ~ .~ t.s " ". <::i . 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Finding: This project will have no significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970 for the reasons set forth in the attached Initial Study. E. Mitigation measures, if any, included in the project to avoid potentially significant effects: NONE Date: 10/'2./154- . ltdJ/xtd/PI1!-&Vd, Signature . D/fleIGfZ- '-F ~"-/lN6 Title Date Posted: