City Council Meeting April 7, 2014

1. Consideration of a Call for ReviewConditional Use Permit #6084Proposed ‘Chick-Fil-A’ Restaurant 1700 East Colorado Boulevard City Council MeetingApril 7, 2014

2. Vicinity Map Project Site E COLORADO BLVD Pasadena Community College

3. Consideration of Call for Review • Before the City Council is a request for a Call for Review of a decision made by the Board of Zoning Appeals: • Hearing Officer approved Minor Conditional Use Permit #6084 and associated Private Tree Removal (two trees): • December 18, 2013 • City Council Called for Review by Board of Zoning Appeals: • January 13, 2014. • Board of Zoning Appeals approved both applications: • March 19, 2014. • Appeal period is 10 days from decision date: • March 20 to March 31, 2014 (10th day fell on weekend). • Effective date: April 1, 2014. • Councilmember Tornek requested a Call for Review: • March 25, 2014.

4. Consideration of Call for Review • Before the City Council is a request for a Call for Review of a decision made by the Board of Zoning Appeals: • If the Council decides (five votes required) to Call for Review, the meeting will be scheduled before the City Council. • If the Council does not decide to Call for Review the decision of the Board of Zoning Appeals is effective.

5. Requested Entitlements • Minor Conditional Use Permit: To allow expansion of an existing fast food restaurant with a drive-through (Burger King) from 3,094 square feet to 4,598 square feet, for a new fast food restaurant (Chick-Fil-A) with drive-through service. Drive-through service is no longer permitted in the ECSP-CG-2 zoning district; thus, the existing drive-through is a legal, non-conforming use. Approval of a Minor Conditional Use Permit is required for the expansion of a legal, non-conforming use. • Private Tree Removal: To allow the removal of two protected trees (one Chinese Elm and one Southern Magnolia).

6. Project Description • Project: • Expand existing 3,094-square foot restaurant building to 4,598 square feet (net new 1,504 square feet); • Reconfigure an existing drive-through lane into two lanes; • Retain 49 parking spaces, repave and re-stripe surface parking lot; • Remove two protected trees, new landscaping plan for the site; • Retain existing hours of operation (6:00 a.m.-11:00 p.m., Monday to Friday, and 6:00 a.m. to 1:00 a.m., Saturday and Sunday); however, Chick-Fil-A proposes to be closed on Sunday; • Retain one non-conforming freestanding pole sign, install four new business identification wall signs: subject to separate Building permits. • Design Review is required for the proposed exterior remodel • Design & Historic Preservation staff continues to work with applicant on the exterior remodel of the building

7. Subject Site E Colorado Bl ECSP-CG-2 S Meridith Ave PS S Bonnie Ave RM-32-PK RM-16 RM-32

8. Proposed Site Plan

9. Rendering of Proposed Remodel

10. Site Plan

11. MCUP Review Components • Continuation of a drive-through component of restaurant requires specific findings for Drive-Through Businesses (Section 17.50.090) in addition to findings for Minor Conditional Use Permit. Findings are supported by: • Location requirements for restaurants with drive-through service; • Off-Street Parking and Loading – project will provide 49 spaces, exceeds Zoning Code-required 46 spaces; • Traffic Study – to determine if proposed additional floor area would cause significant impact to street intersections and street segments; • Queuing study – to determine if drive-through service would interfere with traffic circulation within the parking lot or surrounding streets;

12. MCUP Review Components • Continuation of a drive-through component of restaurant requires specific findings for Drive-Through Businesses (Section 17.50.090) in addition to findings for Minor Conditional Use Permit. Findings are supported by: • Location requirements for restaurants with drive-through service; • with traffic circulation within the parking lot or surrounding streets; • Litter Clean-up Plan – to ensure site maintenance through scheduled trash collection & disposal; includes litter control, covering entire site; and • Hours of Operation – project will retain current hours, but will close on Sunday.

13. Tree Removal Request • Request to remove two protected specimen trees: • One Chinese Elm (Ulmus parviflora): 23” DBH, located along south property line, has damaged block wall between parking lot and adjacent residence; • One Southern Magnolia (Magnolia grandiflora): 21” DBH, located in a landscaped strip between the parking lot and existing drive-through lane, is in the path of the proposed dual-lane drive-through. • Two findings to allow removal were made: • Substantial hardship; and • Replacement of trees through a new landscaping plan for entire site, consisting of 21 new trees, consistent with the Replacement Matrix guidelines of the Tree Protection Ordinance.

14. BZA Public Hearing • Seven Speakers: Five in opposition, Two in favor: • In Opposition: • Expressed concerns regarding noise from drive-through speakers. • Traffic and loading trucks impact. • Believes drive-through is incompatible with surrounding residential uses. • In Favor: • Better drive-through than look for parking. • Site would be improved from the exiting condition. • Board of Zoning Appeals approved the Minor Conditional Use Permit and Tree Removal applications: • Vote was 3 in favor and 2 opposed.

15. Consideration of a Call for ReviewConditional Use Permit #6084Proposed ‘Chick-Fil-A’ Restaurant 1700 East Colorado Boulevard City Council MeetingApril 7, 2014

16. Definitions • Nonconforming Use. • “A use of a structure (either conforming or nonconforming) or land that was legally established and maintained before the adoption of this Zoning Code and which does not conform to current Code provisions governing allowable land uses for the zoning district in which the use is located. This includes uses that do not conform to the land use regulations for the district in which they are located and were established prior to July 1, 1985, under a use of property variance.” • Nonconforming Structure. • “A structure, or a portion of the structure, that was legally altered or constructed before the adoption of this Zoning Code and which does not conform to current Code provisions/standards (e.g., area, distance between structures, height, open space, setbacks, etc.) prescribed for the zoning district in which the structure is located.”

17. Definitions • Schools - Public and private. • “Includes elementary, middle, junior high, and high schools serving kindergarten through 12th-grade students, including denominational and sectarian, boarding schools, and military academies. Preschools and child day-care are included under the definitions of "Child Day-Care Facilities.“ • Colleges - Traditional campus setting. • “Includes community colleges, public or private colleges, universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. These facilities maintain a traditional campus setting, typically covering many acres of land with extensive landscaped court yards adjoining multi-story buildings that house lecture halls, classrooms, laboratories, and offices for professors and department administrative staff. Other on-campus structures may contain administrative centers, student unions, libraries, and cafeteria facilities.”