HomeMy WebLinkAboutAGENDA REPORT 2011 0504 CC REG ITEM 08A ITEM 8.A.
Ci T Y OF f 4008?ARK,CALIFORN;_.
City Council Meeting
of f-'I-Aol/
ACTION:
a0/1-,tea .
MOORPARK CITY COUNCIL -- -
AGENDA REPORT `' h -
TO: Honorable City Council ! '2
FROM: David A. Bobardt, Community Development fe) o r
Prepared by Joseph Fiss, Principal Planner
DATE: April 19, 2011 (CC Meeting of May 4, 2011)
SUBJECT: Consider a Resolution Approving Modification No. 1 to CPD 92-2, for
Installation of a New Customer Order Display with Speaker and
Relocation of an Existing Menu Board for McDonald's Restaurant at 501
Los Angeles Avenue
BACKGROUND
On February 24, 2011 Mel Cruz filed an application for a Modification to an existing
Commercial Planned Development on behalf of McDonald's USA, LLC for installation of
new customer order display with speaker and relocation of existing menu board located at
an existing McDonald's Restaurant.
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is in small shopping center that includes a mix of office, retail, service, and
restaurant uses. The 3,265 square foot restaurant includes an existing drive-through
service aisle without an ordering device. Orders are placed directly with an employee at
one window, and fulfilled at the next window.
Previous Applications:
On March 7, 1984, the Planning Commission adopted Resolution PC-92-267 approving
Commercial Planned Development Permit No. 92-2 for construction of a fast food
restaurant with drive through service and patio seating. Minor Modification Nos. 1 through
4 allowed landscaping changes, addition of an indoor play area, and modifications to the
drive-through signage. In 2003, the Zoning Code was amended to simplify the review
process. "Minor Modifications" and "Major Modifications" were combined into a single
"Modification" process. This application is the first modification since the code was
1
Honorable City Council
May 4, 2011
Page 2
amended, and as such, is the first one for this project that follows the new numbering
system.
General Plan and Zoninq Consistency:
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site C-2 (General CPD (Commercial Retail
Commercial) Planned Development)
North C-2 (General CPD (Commercial Retail
Commercial) Planned Development)
- ---__
C-2 (General CPD (Commercial
South Commercial) Planned Development) Retail
C-2 (General CPD (Commercial
East Commercial) Planned Development) Retail
West R-1 (Single Family M (Medium Density Single Family
Residential) Residential) Residential
Fast food restaurants with drive-through ordering devices are consistent with the General
Commercial General Plan land use designation and the Commercial Planned Development
(CPD)zoning designation of the site. Under the current code, a new restaurant with drive-
through service would require a Conditional Use Permit.
Proposed Project
The applicant is proposing a modification to the original Planned Development Permit to
allow the addition of an "order confirmation system"that includes a microphone, speaker,
and video display and to relocate the existing menu board to a location convenient to
viewing from the ordering device. The applicant is not proposing to modify the drive-
through lane itself or to remove the existing ordering windows. It is appropriate to leave the
ordering windows in place to maintain the architectural integrity of that side of the building.
Any proposed change that exceeds the criteria of a permit adjustment, but is not extensive
enough to be considered a substantial or fundamental change in the approved entitlement
or use relative to the permit, would not have a substantial adverse impact on surrounding
properties and would not change any findings contained in the environmental
documentation prepared for the permit, may be deemed a permit modification by the
Community Development Director. Because the applicant is requesting an amendment to a
condition of approval, the Director has determined this request requires consideration of a
permit modification.
Action on the permit modification application is taken by the decision-making body that
approved the original permit by the same type of public action process, in this case, a
ftor_pri_serv\department share\Community Development\D[V PMTS\C P D\MOD 1 to CPD 92-2 McDonald's USA,LLC\Agenda Reports\CC Agenda Report 110504 doc 2
Honorable City Council
May 4, 2011
Page 3
public hearing with appropriate noticing. Although the Planning Commission approved the
original Commercial Planned Development Permit under the procedures in effect at the
time, the City Council currently has the decision-making authority for these permits, and is
therefore the hearing body for the modification request.
Analysis
Staff analysis of the proposed project has identified the following issue area for City
Council consideration:
• Noise:
On October 5, 1992, the Planning Commission adopted Resolution PC-92-267 approving a
Negative Declaration and Mitigation Monitoring Program, Commercial Planned
Development 92-2, and Land Division Map 92-1 for this project. These approvals were
contingent upon City Council approval of Zone Change 92-4, which was subsequently
approved.
Noise was evaluated in the Initial Study, but was not determined to be a significant impact,
and there were no related mitigation measures adopted. However, at the time, the
commercial buildings to the north of this restaurant had not yet been built, and there was
concern that, given the technology at the time, there was a possibility of unexpected noise
impacts on the neighboring condominiums which were built in 1978 and had direct"line of
sight"to the restaurant. Given this concern, a condition of approval was added, as follows:
"56. The interior noise levels of the commercial development shall be attenuated in
conformance with the noise insulation standards of Chapter 1, Article 4, Section 1092 of
Title 25 of the California Administrative Code. Noise source levels shall be based upon the
(ultimate) (1993) traffic volumes projected along New Los Angeles Avenue/Spring Road,
and Moorpark Avenue in the environmental document for this project. Determination as to
whether the architectural design for the commercial development complies with this
condition shall be made by the Building Department and Director of Community
Development prior to the issuance of building permits. Ordering within the drive-thru area
shall be taken via attendants only; no microphones shall be used to take customers
orders."
In 2005,the commercial building to the north of this site was constructed, blocking the"line
of sight" between the McDonald's and the residences to the north. The new building
creates a sound buffer between the condominiums and the rest of the site (and from Los
Angeles Avenue), mitigating the noise concerns from the drive-through. Additionally,
advancements in speaker technology allow for clearer, crisper sound, thus not requiring as
loud a volume to obtain the same results. The digital audio and video feedback and order
confirmation used on modern ordering devices reduces the need for repeating orders over
and over again, thus reducing the amount of audible communications between those
placing and taking orders.
11mor_pri servldepartment share\Community Development\DEV PMTS\C P DWOD 1 to CPD 92-2 McDonald's USA,LLCVAgenda Reports\CC Agenda Report 110504.doc 3
Honorable City Council
May 4, 2011
Page 4
The current hours of operation of the McDonalds Restaurant drive-through are 5:00 a.m.to
Midnight, weekdays, and 5:00 a.m. to 1:00 a.m. on Saturdays. The dining room closes at
11:00 p.m. every day. No specific hours of operation were required in the original
entitlement approvals.
The operator of this restaurant also owns and operates the McDonald's at Campus Plaza,
on Campus Drive, west of Collins Avenue. That restaurant maintains a customer order
display with speaker that is across the street from single family residences. Staff has not
received any noise complaints regarding that system, although complaints have been
received regarding the television speakers at the adjacent service station. Staff has
worked closely with the operator of the service station to have the volume adjusted on
those speakers, and the complaints have been resolved.
A condition of approval has been included to allow for ongoing maintenance and review by
the Community Development Director, in order to assure that noise levels are not above
those allowed by the Moorpark Municipal Code.
Findings
1. The site design, including structure location, size, height, setbacks, massing, scale,
architectural style and colors, and landscaping, is consistent with the provisions of
the general plan, any applicable specific plans, zoning ordinance, and any other
applicable regulations in that the physical change to the architecture of the building
is minor and no other physical changes to the site are proposed;
2. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that conditions have
changed that mitigate negative impacts that would have otherwise occurred; and
3. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the general use of the site is not changing and has
previously been found to be compatible.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Determined Complete: April 20, 2011
City Council Action Deadline: July 19, 2011
Ww_pd_ser%Adepartment share\Community Development\DEV PMTS\C P D\MOD 1 to CPD 92-2 McDonald's USA.LLOAgenda Reports=Agenda Report 110504 doc 4
Honorable City Council
May 4, 2011
Page 5
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt from environmental review under the California
Environmental Quality Act (CEQA) in accordance with Section 15301 (Class 1: Existing
Facilities) of the California Code of Regulations (CEQA Guidelines). No further
environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. 2011- approving Modification No. 1 to CPD 92-2 with
conditions.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Under Separate Cover - Project Exhibits
A. Site Plan
B. Order Confirmation System
4. Draft Resolution with Conditions of Approval
Wriorjri_serv\department share\Community Development\DEV PMTS\C P DWIOD 1 to CPD 92-2 McDonald's USA,LLC\Agenda Reports\CC Agenda Report 110504 doc 5
Ll
-
- - - - -- - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - -
CL
� y
L
I
i
P
I I
---SheMan Ave-' SITE I 1
{_ 1
1
Moorp
-roslm9eies'Av •IXWAngeleSrAv
mmv-
1
t
t
LOCATION MAP
CC ATTACHMENT 1
6
5
y C
j I I ��I =L1 f t s .. '`y
. , "Ist:-'11 -,/ i :-..-. -_ i
-
t ie i .,.._'_,..,::t1_ ,:i.17,, 4, iii-1,...._ _ _.., ee .- mri".. 7., ' 11
er,,,.,_
1 ,--,--- • ' - ' . 1 4
,.,---•••••'-.',1:-.1.iimii ' i i ,_..1 44„vt, 1 _.,
.7_,,.N..: A.,,,,o_orPaLi-''''....\.-. .1 .1 II.'1 1 fk . ., `� 'I 4;Fit NK y" t • ..iti
•- - LosAngeles Ave _ t _ _ ..
- -
— _ .—_ _
u �� .
°.w
--= —1t8� "-- --s — - - I-i _—
—
N
S —
F. .∎�q►uam■ a
�l ( ' i I- _ , '' i - -y4 '
`. 1 Y .
AERIAL PHOTOGRAPH
CC ATTACHMENT 2
PROJECT EXHIBITS
A. Site Plan
B. Order Confirmation System
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
CC ATTACHMENT 3 s
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1
TO CPD 92-2, FOR INSTALLATION OF A NEW CUSTOMER
ORDER DISPLAY WITH SPEAKER AND RELOCATION OF AN
EXISTING MENU BOARD FOR MCDONALD'S RESTAURANT AT
501 LOS ANGELES AVENUE, ON THE APPLICATION OF MEL
CRUZ FOR MCDONALD'S USA, LLC
WHEREAS, at a duly noticed public hearing on May 5, 2011, the City Council
considered Modification No. 1 TO CPD 92-2 on the application of Mel Cruz for
McDonald's USA, LLC, for installation of a new customer order display with microphone
and speaker and relocation of existing menu board located at McDonald's Restaurant at
501 Los Angeles Avenue; and
WHEREAS, at its meeting of April 20, 2011 the City Council considered the
agenda report and any supplements thereto and written public comments, opened the
public hearing and took and considered public testimony both for and against the
proposal and reached a decision on this matter; and
WHEREAS, the City Council concurs with the Community Development
Director's determination that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the City Council makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.040:
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the general plan, any applicable specific plans, zoning ordinance,
and any other applicable regulations in that the physical change to the site is
minor and no other physical changes to the site are proposed;
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that conditions have
changed that mitigate negative impacts that would have otherwise occurred, and
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the general use of the site is not changing and has
previously been found to be compatible.
CC ATTACHMENT 4 9
Resolution No. 2011-
Page 2
SECTION 2. City Council Approval: The City Council hereby approves
Modification No. 1 TO CPD 92-2 subject to the special Conditions of Approval included
in Exhibit A (Special Conditions of Approval), attached hereto and incorporated herein
by reference.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this day of , 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Special Conditions of Approval
llmor pri servldeoartment sharelCommunity Development\DEV PMTSSC P D\MOD 1 to CPO -92-2 McDonalds .USA, LMResolutionslReso
110504 doc\krwr_pn_servU)epartment SharelGommundy Developrnont\DEV PMTSIG P O\MOD 1 to CPO 92-'Y McAonaW's USA.LLG1Reso4utions\Reno 1-10504 doo 10
Resolution No. 2011-
Page 3
EXHIBIT A
SPECIAL CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO CPD 92-2
1. The applicant's acceptance of this permit and/or commencement of construction
and/or operations under this permit is deemed to be acceptance of all conditions
of this permit.
2. All other conditions of approval of Planning Commission Resolution No. 1992-
267 shall continue to apply, except as revised herein.
3. The development must be in substantial conformance with the plans presented in
conjunction with the application for Modification No. 1 to CPD 92-2, except any
modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
4. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations. Approval of a Zoning Clearance is required prior
to the issuance of building permits. All other permit and fee requirements must be
met.
5. A plan showing the ordering device location, menu board location, and vehicle
stacking in compliance with Moorpark Municipal Code parking ordinance must be
provided to the Community Development Director prior to the issuance of
permits.
6. This permit is granted or approved with the City's designated approving body
retaining and reserving the right and jurisdiction to review and to modify the
permit—including the conditions of approval—based on changed circumstances.
Changed circumstances include, but are not limited to, major modification of the
business; a change in scope, emphasis, size, or nature of the business; the
expansion, alteration, reconfiguration, or change of use; or the fact that the use is
negatively impacting surrounding uses by virtue of impacts not identified at the
time of application for the conditional use permit or impacts that are much greater
than anticipated or disclosed at the time of application for the conditional use
permit. The reservation of right to review any permit granted or approved under
this chapter by the City's designated approving body is in addition to, and not in
lieu of, the right of the City, its Planning Commission, City Council and
designated approving body to review and revoke or modify any permit granted or
approved under this chapter for any violations of the conditions imposed on such
permit.
7. All exterior areas of the site, including parking areas under use by the facility,
shall be maintained free of litter and debris at all times.
\\mor pri sere\department share\Commurnty Development\DEV PMTS\C P D\MOD 1 to CPD 92-2 McDonald's USA _LLC\Resolutions\Reso
110504 doc\knor j>r�_servQepartment S4weAGommumly DevelopmentAOEV PMTSIG R DAMOD Ito GPD 92-2 McDonald&USA,-LLG\ReW-Au onsAReso 1105G4.4oc 1 1
Resolution No. 2011-
Page 4
8. A sign permit application must be submitted for all proposed signs, for the review
and approval of the Community Development Director prior to issuance of a
building permit for a sign. No signs other than those allowed by code are
permitted.
9. Prior to issuance of a zoning clearance for construction, all unpermitted signs
and menu board riders must be removed.
10. The applicant shall be responsible for maintenance of the ordering device in
order to keep noise volumes to the minimum required for efficient use. The
ordering device shall be made available for review by the Community
Development Director, in order to assure that noise levels are not above those
allowed by the Moorpark Municipal Code. The Community Development Director
has the right to further condition the operation of the ordering device as needed
to avoid nuisance noise.
11. Additional shrubs and trees shall be planted within the landscaped area on east
side of drive through prior to issuance of permits, subject to review and approval
of Community Development Director.
12. Landscaping and irrigation within the area of the removed menu board must be
restored prior to issuance of final building inspection, subject to review and
approval of Community Development Director.
llmor pri senAdepadmenl share4Commundy DevelopinenADEV PMTSIC P _DWIOD 1 to CPD 92-2 McDonald's USA, L.LOResolulionslReso
110504 docl4norj)r4 servlDepartmenl SharetCommunfly DeveIGpmentl6f V PMTSIG P D1MOD 1 to GPD 92 2 McDomld's USA,LLG1Reso40onslReso 110504.doc 12