Planning & Community Development Department
Call for Review of
Conditional Use Permit #6084
Proposed ‘Chick-fil-A’ Restaurant
1700 East Colorado Boulevard
City Council Meeting
May 5, 2014
Call for Review
Planning & Community Development Department
• Before the City Council is 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 voted to Call for Review by Board of Zoning
Appeals:
 January 13, 2014.
> Board of Zoning Appeals upheld the Hearing Officer
Decision and approved both applications:
 March 19, 2014.
> City Council voted to Call for Review by City Council:
 March 31, 2014.
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Call for Review
Planning & Community Development Department
• Call for Review is processed as an appeal.
• Effect of Call for Review “vacates” the previous
decision.
• Call for Review/Appeal hearing is a de novo
hearing.
> City Council can make an entirely different decision
than the previous decisions.
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Project Description
Planning & Community Development Department
• Project:
> Expand existing restaurant building to 4,598 sq. ft.:
 Net new: 1,504 sq. ft.
> Reconfigure an existing drive-through lane into two lanes:
> Retain 49 parking spaces:
 Repave and re-stripe surface parking lot.
> Remove two protected trees:
 Landscaping plan for the site.
> Retain one non-conforming freestanding pole sign and install
four new wall signs.
 Not a part of the Minor Conditional Use Permit request.
 Separate entitlement process with staff review.
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Project Description
Planning & Community Development Department
• Discretionary Applications
> Minor Conditional Use Permit: To allow the expansion of a
non-conforming use (Drive-Through Business, Restaurant);
and
> Private Tree Removal: To allow the removal of one Chinese
Elm and one Southern Magnolia.
> Design Review: Exterior remodel
 Design & Historic Preservation staff has provided comments through
Preliminary Consultation process.
» Next step is Consolidation Design Review.
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Vicinity Map
Planning & Community Development Department
Project
Site
E COLORADO BLVD
Pasadena
Community
College
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Subject Site
Planning & Community Development Department
S Bonnie Ave
PS
ECSP-CG-2
S Meridith Ave
E Colorado Bl
RM-32-PK
RM-16
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RM-32
N
Proposed Site Plan
Planning & Community Development Department
E Colorado Bl
S Bonnie Ave
N
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Rendering of Proposed Remodel
Planning & Community Development Department
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East Colorado Specific Plan (2003)
Planning & Community Development Department
• Goals and Objectives:
> Beautify the streetscape.
> Retain the eclectic mix of uses and protect the vitality of
small independent businesses.
> Expand the list of allowable land uses to include multifamily and affordable housing.
> Improve on- and off-street parking conditions
throughout the Plan area.
> Preserve historic resources.
> Improve public transit, bicycle and pedestrian
circulation.
> Create special subdistricts and focus areas to help
establish sense of place along Boulevard.
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East Colorado Specific Plan (2003)
Planning & Community Development Department
District 2
E COLORADO BLVD
S ALLEN AVE
N HOLLISTON AVE
• “College District” sub area (Holliston Ave. to Allen Ave.):
District 7
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East Colorado Specific Plan (2003)
Planning & Community Development Department
• “College District” sub area (Holliston Ave. to Allen Ave.):
> College and neighborhood services that serve
pedestrians:
 Restaurants, cafés, bookstores, office supplies, banks, and
motels.
 New restaurants with drive-through service are not permitted in
order to remain focused on pedestrian-oriented uses.
 Existing drive-through businesses are non-conforming and
must obtain a Minor Conditional Use Permit to expand.
> Limited redevelopment potential:
 Focus on under-utilized properties.
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East Colorado Specific Plan (2003)
Planning & Community Development Department
• Pedestrian and transit-oriented design principles:
>
>
>
>
Mixed-use development;
Street level retail commercial uses;
Pedestrian-oriented development;
Shared parking allows patrons to visit several
destinations on one vehicle trip; and
> High intensity compact development where building
height and mass would spatially define public streets
and places.
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East Colorado Specific Plan (2003)
Planning & Community Development Department
• Non-Conforming Uses:
> ‘Burger King’ was constructed in 1976.
> ECSP adopted in 2003.
> Drive-through businesses no longer allowed in College
District;
 Specific Plan (page II-31): “Since the primary focus is on
pedestrians, new drive-through restaurants will no longer be
allowed in this area.”
» ‘Burger King’: legal, non-conforming use.
 Specific Plan (Land Use Regulations table): “*All non
conforming uses, structures, and signage are subject to the
requirements of the Zoning Code, Chapter 17.76.”.
» Section 17.76: Nonconforming Uses and Structures”
» Section 17.71 (2005): “Nonconforming Uses, Structures, and
Lots.”
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East Colorado Specific Plan (2003)
Planning & Community Development Department
• Non-Conforming Uses:
> Section 17.71.040 (Continuation of Nonconforming
Uses and Structures):
 “Each and every nonconforming use or structure may be
continued and maintained, provided that there is no addition,
alteration, or enlargement to any use or structure, except as
allowed by this Chapter, or unless ordered discontinued,
modified, or removed as a public nuisance in compliance with
Municipal Code Chapter 14.50 (Property Maintenance and
Nuisance Abatement).”
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East Colorado Specific Plan (2003)
Planning & Community Development Department
• Non-Conforming Uses:
> Section 17.71.080.A.1 (Alteration or enlargement of a
nonconforming use shall require a permit):
 “A nonconforming use may not be altered or enlarged unless a
Minor Conditional Use Permit is first obtained, in compliance
with Section 17.61.050.”
» Section 17.61.050 regulates the processing of Use Permits.
> ‘Burger King’/’Chick-fil-A’ drive-through business is a
legal, non-conforming use that may be expanded if a
Minor Conditional Use Permit is approved.
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Findings
Planning & Community Development Department
• Minor Conditional Use Permit Findings:
1) Proposed use is allowed with a Minor Conditional Use
Permit within the zoning district.
2) Location of proposed use complies with special
purposes of the zoning district.
3) Proposed use is in conformance with goals, policies,
objectives of General Plan and purpose and intent of
any specific plan.
4) Establishment, maintenance or operation of use would
not be detrimental to health, safety or general welfare
of the neighborhood.
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Findings
Planning & Community Development Department
• Minor Conditional Use Permit Findings (con’t):
5) As conditionally approved, use would not be
detrimental or injurious to property & improvements in
the neighborhood.
6) Design, location, operating characteristics & size of
use would be compatible with existing & future land
uses in the vicinity.
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Findings
Planning & Community Development Department
• Drive-Through Business Findings:
7) Parking & circulation plan will provide adequate area
for safe queuing & maneuvering of vehicles, buffering
from adjoining land uses.
8) Drive-through location will not result in adverse
impacts on vicinity after giving consideration to a litter
clean-up plan, hours of operation and the site plan.
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Findings
Planning & Community Development Department
• All findings were made by staff, Hearing Officer,
and Board of Zoning Appeals.
• In its deliberation, the Board of Zoning Appeals
discussed Findings #3 and #6 in depth, but
ultimately reaffirmed the decision of the Hearing
Officer and made all findings in the affirmative.
• The staff recommended findings are included in
the Council Packet.
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Drive-Through Businesses Findings
Planning & Community Development Department
• Specific findings for Drive-Through Businesses
(Section 17.50.090) supported by:
> Separation Requirement;
 500 or more feet from:
» Park and recreation facility; another restaurant with drive-through
service; or public or private school (PCC does not qualify).
> Off-Street Parking and Loading;
 49 spaces, 46 spaces required.
> Queuing study;
> Litter Clean-up Plan;
> Hours of Operation;
 Retain M-F: 6:00am-11:00pm / Sa: 6:00a-1:00pm / Su: closed.
> Traffic Study;
 No significant impacts.
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Tree Removal Request
Planning & Community Development Department
• Request to remove two protected specimen trees:
> Chinese Elm (Ulmus parviflora): 23” DBH
 South property line
» Damaged block wall between parking lot and adjacent residence;
> Southern Magnolia (Magnolia grandiflora): 21” DBH
 In landscape strip between the parking lot and drive-through
lane:
» In path of the proposed dual-lane drive-through.
• Findings to allow removal were made:
> New landscaping plan for entire site (21 new trees)
complies with Tree Replacement Matrix.
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Recommendation
Planning & Community Development Department
• Uphold the Board of Zoning Appeals’ decision to
approve:
a) Zoning Administrator Recommended Specific Findings
(Att. A), with Conditions of Approval (Att. C);
b) Minor Conditional Use Permit #6084: To allow the
expansion of an existing non-conforming use (DriveThrough Business, Restaurant); and
c) Private Tree Removal: To allow the removal of one
Chinese Elm (Ulmus parviflora) and one Southern
Magnolia (Magnolia grandiflora).
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Planning & Community Development Department
Call for Review of
Conditional Use Permit #6084
Proposed ‘Chick-fil-A’ Restaurant
1700 East Colorado Boulevard
City Council Meeting
May 5, 2014
Freestanding Signs
Planning & Community Development Department
> One sign, 20 feet tall.
> 150 s.f. maximum sign area.
> 5 feet from property lines, 10 feet
from driveway.
> Support structure cannot have
exposed metal pole(s).
S Bonnie Ave
E Colorado Bl
• Section 17.48.090 of Zoning Code:
 Decorative pole cover.
> Not permitted in 25-foot vision triangle
on corner lots.
 May be waived by Director of
Transportation.
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N
Site Plan
Planning & Community Development Department
E Colorado Bl
S Bonnie Ave
N
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Definitions
Planning & Community Development Department
• 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.”
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Definitions
Planning & Community Development Department
• 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.”
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