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r PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 6, 2016 TO: Hearing Officer SUBJECT: Conditional Use Permit #6371 LOCATION: 2731 East Foothill Boulevard (Starbucks Drive-Through) APPLICANT: Elizabeth Valerio ZONING DESIGNATION: EPSP-d1-CL (East Pasadena Specific Plan, subarea 1, Limited Commercial district) GENERAL PLAN DESIGNATION: Low Commercial CASE PLANNER: Kent Lin STAFF RECOMMENDATION: Adopt the Environmental Determination and the Specific Findings in Attachment A to approve Conditional Use Permit #6371 with the Conditions in Attachment B. PROJECT PROPOSAL: 1) Conditional Use Permit: To allow the establishment and operation of a new Drive-Through Businesses, Non- Restaurants (Food Sales) land use. 2) Conditional Use Permit: To allow extended hours of operation for a new Drive-Through Businesses, Non-Restaurants (Food Sales) land use. ENVIRONMENTAL DETERMINATION: This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15303, Class 3, New Construction or Conversion of Small Structures. Section 15303 specifically exempts from environmental review the construction of a store, motel, office, restaurant, or similar structure not involving the use of
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Page 1: r PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT …ww2.cityofpasadena.net/planning/meetings/posts/HearingOfficerposts/... · r PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT

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PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT DATE: April 6, 2016 TO: Hearing Officer SUBJECT: Conditional Use Permit #6371 LOCATION: 2731 East Foothill Boulevard (Starbucks Drive-Through) APPLICANT: Elizabeth Valerio ZONING DESIGNATION: EPSP-d1-CL (East Pasadena Specific Plan, subarea 1,

Limited Commercial district) GENERAL PLAN DESIGNATION: Low Commercial CASE PLANNER: Kent Lin STAFF RECOMMENDATION: Adopt the Environmental Determination and the Specific

Findings in Attachment A to approve Conditional Use Permit #6371 with the Conditions in Attachment B.

PROJECT PROPOSAL: 1) Conditional Use Permit: To allow the establishment and

operation of a new Drive-Through Businesses, Non-Restaurants (Food Sales) land use.

2) Conditional Use Permit: To allow extended hours of operation for a new Drive-Through Businesses, Non-Restaurants (Food Sales) land use.

ENVIRONMENTAL DETERMINATION:

This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15303, Class 3, New Construction or Conversion of Small Structures. Section 15303 specifically exempts from environmental review the construction of a store, motel, office, restaurant, or similar structure not involving the use of

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Hearing Officer 2 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. The proposed project involves the construction and operation of a 957 square-foot Food Sales land use (Starbucks).

BACKGROUND:

Site characteristics: The subject site is vacant 9,794 square foot corner lot. The site is bounded by San Gabriel Boulevard to the west, Foothill Boulevard to the south, and Wenger Alley to the north.

Adjacent Uses:

North – Residential Single-Family South – Industrial/Warehouse/Distribution East – Vehicle Services Equipment Repair West – Retail Sales

Adjacent Zoning: North – RS-6 (Residential Single-Family) South – EPSP-d1-IG (East Pasadena Specific Plan, district 1,

Industrial General) East – EPSP-d1-CL (East Pasadena Specific Plan, district 1,

Commercial Limited) West – EPSP-d1-CL (East Pasadena Specific Plan, district 1,

Commercial Limited)

Previous Cases: None

PROJECT DESCRIPTION: The applicant, Elizabeth Valerio, has submitted 1) a Conditional Use Permit to allow the establishment and operation of a new Drive-through business, non-restaurant land use in conjunction with a Food Sales land use (Starbucks) and 2) a Conditional Use Permit to allow extended hours of operation in conjunction with the operation of a new Food Sales land use (Starbucks). The new Food Sales use is located within 150 feet of a residential zoning district and therefore may only operate between the hours of 7:00 a.m. and 10:00 p.m., by right. The applicant is requesting extended hours to operate from 5:00 a.m. to 12:00 a.m., seven days a week. A Conditional Use Permit is required for the establishment of a Drive-through business, non-restaurant land use and to allow extended hours of operation in conjunction with the new Food Sales land use. The subject property is a 9,794 square-foot vacant corner lot. The proposed project consists of the construction of a new 957 square-foot one-story commercial building with drive-through service and a walk-up window. No indoor or outdoor seating for dining purposes is proposed onsite. All beverage and food will be sold for off-site consumption. Only Starbucks employees will be working within the commercial building. A unisex bathroom accessible only from the exterior of the building is proposed. The project site will have one limited access driveway (right-in/right-out only) on Foothill Boulevard and one full access driveway on Wenger Alley. Turning movement is limited to right-turns only at the intersection on Wenger Alley and San Gabriel Boulevard.

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Hearing Officer 3 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

ANALYSIS: Conditional Use Permit: Drive-Through Businesses, Non-Restaurants (Food Sales) The property is located within the EPSP-d1-CL zoning district. A Conditional Use Permit (CUP) is required to establish a Drive-Through Business, Non-Restaurants land use. The purpose of the CUP is to allow the City to evaluate the proposed project and implement appropriate conditions of approval to reduce and/or eliminate potential negative impacts that may be associated with this type of use. In addition, the CUP process seeks to ensure that the project is designed to be compatible with the surrounding uses in the area and not result in any detrimental effects. Drive-Through Businesses, Non-Restaurants land use is defined in the Zoning Code as a drive-through business that serves a use not related to a restaurant, fast food restaurant or formula fast food restaurant. The proposed use includes the operation of a drive-through service at a Food Sales use. A Food Sales use is defined in the Zoning Code as the retail sale of food and beverages for off-site preparation or consumption. This use may also include bakeries and the provision of other services. The proposed new Starbucks (Food Sales land use) will not have any indoor or outdoor seating areas. All beverage and food will be sold for off-site consumption. The retail sale of food and beverage will primarily occur via the drive-through service. The proposed queuing lane will accommodate six vehicles. A total of six off-site parking spaces will be provided onsite where customers can park and place their orders at the walk-up window. A separate pick-up window is proposed to allow customers to pick-up the orders once it is ready for off-site consumption. The subject site has been vacant for approximately 46 years and is a potential negative impact to the neighborhood due to trash accumulation, overgrown vegetation, and blight conditions associated with an unattended vacant lot. As designed, the project will provide adequate buffering to limit any potential impacts to adjoining properties. The new drive-through queuing lane will be located 48 feet south of the adjacent residential uses and is buffered by Wenger Alley to the north of the site. In order to address litter that may result from the project, a litter cleanup plan is conditioned in this report to be reviewed during the building permit plan check process. Trash bins will be required to be distributed evenly throughout the property and requires that the each trash bins be emptied out on a daily basis as well as require the parking lot and adjacent sidewalks to be clean and free of trash and debris on a daily basis. The proposed use as proposed and conditioned will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood. Furthermore, the proposed use is compatible to the neighboring commercial uses. As such, it is staff’s determination that the proposed location of the new Drive-Through Business, Non-Restaurant Food Sales use will not result in a situation that will adversely impact the neighboring uses. Off-Street Parking The off-street parking requirement for a Food Sales land use is four spaces per 1,000 square feet of gross floor area. Based on the new 957 square-foot building, a total of four off-street parking spaces are required for the proposed use. The applicant is proposing to provide a total of six parking spaces onsite. The project as proposed is in compliance with the off-street parking requirement of the Zoning Code.

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Hearing Officer 4 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

Loading/Unloading The proposed Food Sales land use is required to provide one loading and unloading space on-site. The proposed loading area will be provided along Wenger Alley as permitted by the Department of Public Works. As indicated by the applicant, delivery trucks will be small trucks and no big rig/semi-truck delivery is proposed. As conditioned in this report, onsite loading, unloading, and trash pick-up will be allowed only between the hours of 7:00 a.m. to 9:00 p.m., Monday through Friday, and between 9:00 a.m. to 5:00 p.m. on Saturdays. Loading, unloading, and/or trash pick-up is not allowed on Sundays. This shall include maintenance/service vehicles, delivery trucks, and trash trucks. Bicycle Parking The proposed use is required to provide a minimum of four bicycle parking spaces on-site. The proposed site plan includes a designated area for bicycle parking. And as conditioned in this report, the four bicycle parking spaces shall all be class 2 in compliance with zoning code requirement. As proposed, the project is in compliance with off-street parking, bicycle parking, and loading requirements. Traffic Analysis The City of Pasadena Department of Transportation conducted an analysis to review potential transportation system impacts with the construction of a 957 square-foot Starbucks drive-thru on an existing empty lot. Vehicular site access will be from Wenger Alley. The analysis reviewed the project impact at the intersections of San Gabriel Boulevard at Foothill Boulevard and Daisy Avenue at Foothill Boulevard. The analysis reviewed the street segments at Mataro Street between San Gabriel Boulevard and Daisy Avenue and Daisy Avenue between Mataro Street and Foothill Boulevard. The analysis also evaluated the pedestrian and bicycle environmental quality along San Gabriel Boulevard and Foothill Boulevard adjacent to the project. Furthermore, a discussion of the queue length was also included in the analysis. It is estimated that the project would generate an estimated 776 daily trips, 130 AM peak hour trips, and 32 PM peak hour trips. The results of the analysis are:

Metric Results summary

1. Street Segment Analysis Does not exceed cap

2. Auto Level of Service Does not exceed cap

3. PEQI (Pedestrian Environmental Quality Index) Average/High quality

4. BEQI (Bicycle Environmental Quality Index) Low/Average quality

Department of Transportation Queuing Analysis Summary Assuming a front bumper-to-front bumper spacing to be 22 feet each, the analysis concluded that a 242 foot long proposed 6 cars drive-through lane, and 5 cars along the driveway area providing 11 cars of total queuing onsite, should be adequate to manage the drive-through lane volumes during the peak hour period without impeding traffic activity in the public right-of-way. With the implementations of the recommended conditions of approval proposed by the

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Hearing Officer 5 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

Department of Transportation, which are incorporated as Attachment B in this report, the proposed project will not result in any significant traffic and/or queuing impact. Drive-Thru Queuing Study The establishment of a new Food Sales Non-Restaurant land use with Drive-Through Services is required to provide a queuing study to determine if adequate vehicle queuing is provided onsite. A queuing study was conducted for the project by RK Engineering Group Inc. on February 6, 2016. The study analyzed five other Starbucks drive-thru currently operating in Southern California, one in City of Arcadia, one in the City of Pomona, one in the City of Los Angeles, two in the City of Pasadena. The findings of the queuing study are included below:

1) The capacity of the drive-thru aisle is approximately six (6) vehicles. An additional four (4) vehicles may be able to queue in the main drive aisle of the site, allowing a total of ten vehicles to queue on-site without infringing on the public right-of-way.

2) Based upon the results of the referenced and observed data, it is likely that the proposed Starbucks project will experience an 85th percentile queue of approximately 8-13 vehicles.

3) During peak times, drive-thru queuing may extend beyond the drive-thru lane, into the

main drive aisle of the site, and potentially overflow onto adjacent roadways. During peak times, on-site circulation, parking and access may be temporarily obstructed.

4) Drive-thru queues can be self-regulating, as drivers will tend to alter their behavior based

on wait times and the availability of other similar uses. In this case, there are ten (10) other Starbucks establishments within a two (2) mile radius of the site.

In order to reduce the potential of overflow queuing, the recommendations identified in the queuing study (Attachment C) shall be implemented during the building permit plan check process as conditioned in this report. Conditional Use Permit: Extended Hours of Operations In the EPSP-d1-CL zoning district, the Zoning Code allows all business to operate by right from 7:00 AM to 10:00 PM daily when the use is located within 150 feet from a residentially zoned district. A Conditional Use Permit is required when hours of operation occur between 10:00 PM and 7:00 AM. The proposed hours of operation of 5:00 AM to 12:00 AM daily is subject to the review and approval of this CUP since the nearest residential zoning district is 20 feet north of the site across Wenger Alley. East Foothill Boulevard is a major east/west corridor and the purpose of the proposed extended hours of operation is to capture the sales from early morning and late evening commuters. The review of a CUP for extended hours of operation requires an analysis of whether the proposed use would negatively affect the general welfare of the surrounding property owners and businesses. The CUP also helps determine whether the proposed use would result in an aggravation of existing problems such as loitering, noise, littering, and various types of criminal activities. An important component of the CUP process is to impose conditions of approval to ensure the proposed Food Sales with Drive-Through Services use remains compatible to the surrounding uses and will not negatively impact the adjacent uses during the hours of 10:00 PM to 7:00 AM.

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Hearing Officer 6 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

The proposed extended hours of operation will not be out of character with the operating hours of adjacent existing commercial uses along this segment of East Foothill Boulevard. An existing Formula Fast Food Restaurant (McDonalds) located at 2681 East Foothill Boulevard approximately 1,000 feet east of the subject site obtained Conditional Use Permit (#5729) in May 2012 for extended hours of operation to operate 24 hours for its drive-through services. City records do not indicate that there have been complaints or negative impacts, including impacts related to noise or traffic, stemming from the extended hours of operation of the existing McDonalds with 24-hour drive-through service. The existing McDonalds shares similar characteristics as the subject site for both properties are located within 20 feet (Wenger Alley) of residential properties to the north. Based on staff’s analysis and subject to specific operational conditions, it was determined that the findings to allow for extended hours of operation in conjunction with a Food Sales land use with Drive-Through Services can be made. The extended hours will not result in any adverse negative impacts to the neighboring uses. No on-site or off-site sale or consumption of alcohol is proposed in this application. The proposed use will not have any seating indoors or outdoors and will not have the potential to generate any negative impacts that could be considered detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood since all food purchases are for off-site consumption. In this case, a recommendation to allow extended hours can be made. The Police Department reviewed this request and had no issue with the proposed hours of operation from 5:00 AM to 12:00 AM daily. The proposed extended hours of operation for the new Food Sales with Drive-Through use would not result in an aggravation of existing problems such as loitering, noise, littering, and various types of criminal activities. Loading and Unloading Hours The requested extended hours of operation relates specifically to the operations of the Food Sales and Drive-Through Service activities only. The request does not include any variations to the restrictions for truck loading, unloading and trash pick-up contained in Section 17.40.170.C of the zoning code. As conditioned in this report, the applicant will be required to comply with the following: “Truck loading, unloading, and trash pick-up shall be allowed only between the hours of 7:00 a.m. to 9:00 p.m., Monday through Friday, and between 9:00 a.m. to 5:00 p.m. on Saturdays. No truck loading, unloading, or trash pick-up is allowed on Sundays.” The loading and unloading hours are consistent with all commercial uses in the City. The proposed Food Sales use loading and unloading hours will be within the limits established in the Zoning Code. GENERAL PLAN CONSISTENCY: The Conditional Use Permit is consistent with Goal 25 of the General Plan Land Use Element. Specifically Goal 25.1, Diversity of Uses, which encourages the development of broad range of commercial uses that reduce the need to travel to adjoining communities, while capturing a greater share of local spending. The proposed establishment and operation of a new Food Sales with Drive-Through services would promote a diverse economy base and long-term economic contribution to the City and to the East Foothill Boulevard commercial corridor, which encourages a diverse mix of commercial and residential land uses and services consistent with office, retail, restaurants, food sales, vehicle services, and residential uses in the area. The proposed drive-through business in conjunction with the operation of a new Food Sales use is consistent with the surrounding uses within the East Pasadena Specific Plan Commercial Limited zoning district. The new Food Sales with Drive-Thru service would enhance the broad

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Hearing Officer 7 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

range of commercial uses along the East Foothill Boulevard commercial corridor area. The introduction of drive-thru Food Sales business is not viewed as a conflict with the surrounding land uses. ENVIRONMENTAL DETERMINATION: This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15303, Class 3, New Construction or Conversion of Small Structures. Section 15303 specifically exempts from environmental review the construction of a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. The proposed project involves the construction and operation of a 957 square-foot Food Sales land use (Starbucks). REVIEW BY OTHER CITY DEPARTMENTS: The proposal was reviewed by the Department of Transportation, Police Department, Fire Department, Department of Public Works, Public Health Department, Building and Safety Section, and Design and Historic Preservation (DHP) Section. Public Health, Fire, Police, DHP, and Building had no comments and will review the project during the Building Permit plan check process to ensure compliance with applicable code requirements. Department of Public Works and Department of Transportation have submitted recommended conditions of approval that are incorporated in Attachment B to this report. CONCLUSION: It is staff’s assessment that the findings necessary for approval of the Conditional Use Permit to allow the establishment and operation of the Drive-Through Business, Non-Restaurant, Food Sales land use and the Conditional Use Permit to allow extended hours of operation can be made. The site is located within the East Pasadena Specific Plan which encourages a mix of commercial, retail, office, and residential uses designed to serve the local community. The proposed Starbucks Drive-Thru use would provide Food Sales services to the local community. Conditions of approval have been imposed to ensure the compatibility of the proposed use to the surrounding use with no negative potential impact to the neighborhood. Therefore, staff recommends that the Hearing Officer approve the application with the findings in Attachment A and the Conditions of Approval in Attachment B.

Attachments: Attachment A: Recommended Specific Findings Attachment B: Recommended Conditions of Approval Attachment C: Drive-Thru Queuing Study Attachment D: Traffic Impact Study

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Hearing Officer 8 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

ATTACHMENT A SPECIFIC FINDINGS FOR CONDITIONAL USE PERMIT #6731

Approval of Conditional Use Permit: Drive-Through Businesses, Non-Restaurants (Food Sales) 1. The proposed use is allowed with a Conditional Use Permit within the applicable zoning

district and complies with all applicable provisions of the Zoning Code in that the establishment and operation of a Drive-Through Business, Non-Restaurant Food Sales land use (Starbucks) is allowed with a Conditional Use Permit in the EPSP-d1-CL (East Pasadena Specific Plan, district 1, Commercial Limited) zoning district. The proposed project meets all applicable development standards of the Zoning Code, including floor area ratio, setbacks, height limit, parking, loading. The establishment and operation of a Drive-Through Business, No-Restaurant (Food Sales) land use is subject to the review and approval of this Conditional Use Permit. The new use will operate in accordance with all City laws, ordinances and conditions of approval to ensure the compatible coexistence of this use with the surrounding area.

2. The location of the proposed use complies with the special purposes of this Zoning Code

and purposes of the applicable zoning district in that the proposed Drive-Through Business, Non-Restaurant Food Sales land use (Starbucks) meets all applicable development standards and operational requirements of the Zoning Code and the use is compatible with other established neighborhood uses in the vicinity. A queuing study and traffic assessment study were conducted for the proposed project and conditions of approval have been imposed to ensure the compatibility of the proposed use to the surrounding use with no negative potential impact to the neighborhood.

3. The proposed use is in conformance with the goals, policies, and objectives of the General

Plan and the purpose and intent of any applicable specific plan in that the proposed project is consistent with Goal 25 of the General Plan Land Use Element. Specifically Goal 25.1, Diversity of Uses, which encourages the development of broad range of commercial uses that reduce the need to travel to adjoining communities, while capturing a greater share of local spending. The proposed establishment and operation of a new Food Sales with Drive-Through services would promote a diverse economy base and long-term economic contribution to the City and to the East Foothill Boulevard commercial corridor, which encourages a diverse mix of commercial and residential land uses and services consistent with office, retail, restaurants, food sales, vehicle services, and residential uses in the area. The proposed drive-through business in conjunction with the operation of a new Food Sales use is consistent with the surrounding uses within the East Pasadena Specific Plan Commercial Limited zoning district. The new Food Sales with Drive-Thru service would enhance the broad range of commercial uses along the East Foothill Boulevard commercial corridor area. The introduction of drive-thru Food Sales business is not viewed as a conflict with the surrounding land uses.

4. The establishment, maintenance, or operation of the use would not, under the

circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use in that the proposed project will significantly improve the health and safety conditions of the existing lot, which has remained vacant for the past 46 years. The project will be required to comply with all applicable requirements and development standards of the Building Code, Fire Code, Zoning Code, Public Works, and Health Code requirements to be determined during the building permit plan check process.

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Hearing Officer 9 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

5. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City in that the new Drive-Through Business, Non-Restaurant Food Sales land use (Starbucks) use will not detrimental or injurious to the surrounding uses including the residential single-family homes to the north of the site. The Drive-Through Business, Non-Restaurant Food Sales land use (Starbucks) use with no indoor or outdoor dining area is compatible with the adjacent commercial and residential uses in the neighborhood and will not detrimentally affect the surrounding area. Conditions of approval have been imposed to ensure the compatibility of the proposed use to the surrounding use with no negative potential impact to the neighborhood.

6. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view protection. The Drive-Through Business, Non-Restaurant Food Sales land use (Starbucks) is 957 square feet in size and no indoor or outdoor dining area is proposed. The project site provides sufficient lighting to ensure a safe and well lit area for Food Sales drive-through and walk-up customers. The project will not result in any negative aesthetic impacts to the neighborhood. The existing vacant lot is in need of aesthetic improvements and the proposed project will eliminate an existing blighted condition and will significantly improve the aesthetic values and character of the neighborhood.

7. The proposed parking and circulation plan will provide adequate area for safe queuing and maneuvering of vehicles, and the site design will provide adequate buffering of the use from adjoining land uses in that a queuing study was conducted for the project by RK Engineering Group Inc. on February 6, 2016. The study analyzed five other Starbucks drive-thru currently operating in Southern California, The proposed site plan will provide queuing spaces for 10 vehicles on-site. Conditions of approval identified by the Department of Transportation along with recommendations identified in the queuing study will ensure that adequate area for safe queuing and maneuvering of vehicles is provided for the proposed project site.

8. The proposed location of the drive-through business will not result in adverse impacts upon the vicinity after giving consideration to a litter clean-up plan, the hours of operation, and the site plan in that trash bins are strategically placed throughout the property to ensure that trash is properly disposed of in compliance with the litter clean-up plan. Conditions of approval have been imposed to ensure the compatibility of the proposed use to the surrounding use with no negative potential impact to the neighborhood. The existing vacant lot is in need of aesthetic improvements and the proposed project will eliminate an existing blighted condition and will significantly improve the aesthetic values and character of the neighborhood. The new Starbucks Drive-Thru use will operate in accordance with all City laws, ordinances and conditions of approval to ensure the compatible coexistence of this use with the surrounding area.

Approval of Conditional Use Permit: Extend Hours of Operation

9. The proposed use is allowed with a Conditional Use Permit within the applicable zoning

district and complies with all applicable provisions of the Zoning Code in that a Drive-Through Businesses, Non-Restaurants (Food Sales) use is allowed to operate by right from 7:00 AM to 10:00 PM daily. A Conditional Use Permit is required to allow the extension of hours of operation for the Drive-Through Businesses, Non-Restaurants (Food Sales)to operate between the hours 10:00 PM to 7:00 AM when the use is located within 150 feet

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Hearing Officer 10 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

from a residential zoning district. The new use is located 20 feet south of the single-family residential zoning district to the north of the site. The new Starbucks Drive-Thru use with extended hours of operation will operate in accordance with all City laws, ordinances and conditions of approval to ensure the compatible coexistence of this use with the surrounding area.

10. The location of the proposed use complies with the special purposes of this Zoning Code

and purposes of the applicable zoning district in that the proposed hours of operation for the Drive-Through Businesses, Non-Restaurants (Food Sales) use is 5:00 AM to 12:00 AM seven days a week. The proposed hours of operation is consistent with similar uses within the neighborhood. An existing Formula Fast Food Restaurant (McDonalds) located at 2681 East Foothill Boulevard approximately 1,000 feet east of the subject site obtained an approved Conditional Use Permit #5729 in May 2012 for extended hours of operation to operate 24 hours for its drive-through services. City records do not indicate that there have been complaints or negative impacts, including impacts related to noise or traffic, stemming from the extended hours of operation of the existing McDonalds Fast Food Restaurant use with 24-Hours Drive-Through service.

11. The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan in that the proposed project is consistent with Goal 25 of the General Plan Land Use Element. Specifically Goal 25.1, Diversity of Uses, which encourages the development of broad range of commercial uses that reduce the need to travel to adjoining communities, while capturing a greater share of local spending. The proposed establishment and operation of a new Food Sales with Drive-Through services would promote a diverse economy base and long-term economic contribution to the City and to the East Foothill Boulevard commercial corridor, which encourages a diverse mix of commercial and residential land uses and services consistent with office, retail, restaurants, food sales, vehicle services, and residential uses in the area. The proposed drive-through business in conjunction with the operation of a new Food Sales use is consistent with the surrounding uses within the East Pasadena Specific Plan Commercial Limited zoning district. The new Food Sales with Drive-Thru service would enhance the broad range of commercial uses along the East Foothill Boulevard commercial corridor area. The introduction of drive-thru Food Sales business is not viewed as a conflict with the surrounding land uses.

12. The establishment, maintenance, or operation of the use would not, under the

circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use in that the new Drive-Through Business, Non-Restaurant Food Sales land use (Starbucks) with extended hours of operation is consistent with existing uses nearby that are also operating with extended hours of operation. The existing adjacent commercial uses have not been detrimental or injurious to the surrounding uses including the residential single-family homes to the north of the site. The new use with extended hours of operation is compatible with adjacent commercial and residential uses in the neighborhood. Conditions of approval have been imposed to ensure the compatibility of the proposed use to the surrounding use with no negative potential impact to the neighborhood.

13. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City in that the proposed extended hours of operation of the new Starbucks Drive-Thru use will not be out of character with the operating hours of adjacent existing commercial uses along this

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Hearing Officer 11 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

segment of East Foothill Boulevard. The existing McDonalds shares similar characteristics as the subject site for both properties are located within 20 feet (Wenger Alley) from residential properties to the north. An existing Formula Fast Food Restaurant (McDonalds) located at 2681 East Foothill Boulevard approximately 1,000 feet east of the subject site obtained an approved Conditional Use Permit #5729 in May 2012 for extended hours of operation to operate 24 hours for its drive-through services. City records do not indicate that there have been complaints or negative impacts, including impacts related to noise or traffic, stemming from the extended hours of operation of the existing McDonalds Fast Food Restaurant use with 24-Hours Drive-Through service. Conditions of approval have been imposed to ensure that the proposed use will not be detrimental or injurious to the surrounding uses.

14. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view protection. The Drive-Through Business, Non-Restaurant Food Sales land use (Starbucks) is 957 square feet in size and no indoor or outdoor dining area is proposed. The project site provides sufficient lighting to ensure a safe and well-lit area for Food Sales drive-through and walk-up customers. The project will not result in any negative aesthetic impacts to the neighborhood. The existing vacant lot is in need of aesthetic improvements and the proposed project will eliminate an existing blighted condition and will significantly improve the aesthetic values and character of the neighborhood.

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Hearing Officer 12 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

ATTACHMENT B CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #6731

The applicant or successor in interest shall meet the following conditions: General 1. The site/floor plans submitted for building permits and/or future development shall

substantially conform to the site/floor plans stamped “Received at Hearing, April 6, 2016,” except as modified herein.

2. The Zoning Administrator, at any time, can call for a review of the approved conditions at a

duly noticed public hearing. These conditions may be modified or new conditions added to reduce any impacts of the use. The Hearing Officer may revoke the Conditional Use Permit if sufficient cause is given.

3. This approval allows for the establishment and operation of a new Drive-Through Businesses, Non-Restaurants, Food Sales (Starbucks drive-through with walk-up window) land use.

4. This approval allows for the extended hours of operation for the new drive-through service and walk-up window from 5:00 AM to 12:00 AM daily.

5. Any change to these conditions of approval or expansion of the use shall require the modification of this Conditional Use Permit or a new Conditional Use Permit.

6. The applicant or successor in interest shall meet the applicable code requirements of all

other City Departments. 7. The final decision letter and conditions of approval shall be incorporated in the building

plans as part of the building plan check process.

8. The proposed project, Activity Number PLN2015-00520, is subject to the City’s Condition Monitoring Program and is also subject to Final Zoning inspection. Condition Monitoring is required for your project. Under the Monitoring Program, your project will be inspected by Code Compliance staff to determine compliance with the conditions of approval. The Condition/Mitigation Monitoring inspection will occur during the term of the project. The Final Zoning Inspection will occur at the completion of the project. Required monitoring fees for inspections shall be paid on or after the effective date of this permit, but prior to the issuance of any building permits. Contact the Code Compliance Staff at (626) 744-4633 to verify the fee. All fees are to be paid to the cashier at the Permit Center located at 175 N. Garfield Avenue. The cashier will ask for the activity number provided above. Failure to pay the required monitoring fees prior to initiating your approved land use entitlement may result in revocation proceedings of this entitlement.

Planning Division 9. Onsite loading, unloading, and trash pick-up is allowed only between the hours of 7:00 a.m.

to 9:00 p.m., Monday through Friday, and between 9:00 a.m. to 5:00 p.m. on Saturdays. Loading, unloading, and/or trash pick-up is not allowed on Sundays. This shall include maintenance/service vehicles, delivery trucks, and trash trucks.

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Hearing Officer 13 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

10. A minimum of four off-street parking spaces shall be provided on site. 11. The applicant shall comply with the following recommendations identified in the Drive-Thru

Queuing Study prepared by RK Engineering Inc. dated February 2, 2016.

a. Install a raised center median along Foothill Boulevard to restrict left-turn access to the site.

b. Install “No Drive-Thru Queuing or Alley” signage at the project driveway on Wenger Alley and install “No Drive-Thru Queuing on Foothill Boulevard” at the project driveway on Foothill Boulevard.

c. Parking lot attendants will be required to regulate traffic operations on the site during peak times. Starbucks employee should be trained as traffic directors to assist in the parking lot operations and to move vehicles along when the drive-thru queue is full. The attendant should direct vehicles to available parking stalls, when available, and shall ensure that at no time are vehicles are backed onto Wenger Alley, Foothill Boulevard, or San Gabriel Boulevard.

d. If the drive-thru experiences peak queues of more than six (6) vehicles, it would be recommended that employees be utilized to take orders prior to the order microphones to help reduce the service time of the drive-thru, as appropriate.

12. The applicant shall submit a litter cleanup plan to be reviewed during the building permit

plan check process. Trash bins shall be required to be distributed evenly throughout the property. Each trash bin will be required to be emptied out on a daily basis. The entire property, the entire parking lot, and adjacent sidewalks shall be cleaned and free of trash and debris on a daily basis.

13. The onsite and offsite sale and/or consumption of alcohol is strictly prohibited at all times. 14. The site plan shall be designed to ensure maximum security for employees and patrons.

15. Lighting shall be energy-efficient, and shielded or recessed so that direct glare and

reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting on private property shall produce an illumination level greater than one foot-candle on any property within a residential zoning district except on the site of the light source.

16. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness.

17. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving.

18. The site and surrounding area shall be maintained in a litter and graffiti free manner. Any

graffiti that should appear on the site shall be removed within 48 hours. 19. Prior to the issuance of the building permit, a litter cleanup plan shall be reviewed and

approved during the plan check process.

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Hearing Officer 14 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

Department of Transportation 20. To improve the quality and safety of bicycling around the project, the developer shall pay for

the purchase and installation of bicycle racks in the vicinity of the project at the time of building permit issuance: Fee: $1,000.00* *Payment should be made payable to “The City of Pasadena” and mailed to the Department of Transportation at 221 East Walnut Street, Suite 210 Pasadena, CA 91101 (Attention: Conrad Viana).

21. The developer shall pay the Traffic Reduction and Transportation Improvement Fee (Ordinance No. 7076) at the time of issuance of building permits. The current fee for a new retail use is $9.53 per square foot and is subject to change based on the current General Fee Schedule.

22. The developer should provide the amount of Code required vehicle and bicycle parking spaces needed for the project as directed by the Department of Planning and Development.

23. Existing on-street parking conditions fronting this project (if any) should be maintained.

24. Existing transit operations shall be maintained during construction. There shall be no interference between the operations of the existing bus zone located at the northeast corner of San Gabriel Boulevard and Foothill Boulevard and the development (patrons, loading, etc.) during and after construction.

25. The proposed access driveway on Foothill Boulevard shall be limited to right-turn in/right-turn out only and a maximum 20-feet wide.

26. Based on DOT staff field observations at a similar site in Pasadena, and further supported by the applicant-submitted queuing study dated October 29, 2015, the on-site queuing storage should be a minimum of 242 feet to manage the anticipated drive-through vehicular volume demand during the peak-hour without interfering with traffic activity in the public right-of-way. DOT would support a reduced number of on-site regular parking spaces to maximize queuing space.

27. A curb extension (pork chop) shall be constructed on San Gabriel Boulevard at Wenger alley to prohibit queuing of the vehicles in the existing bus zone on San Gabriel Boulevard at the applicant’s cost. Design and construction of the curb extension shall be reviewed and approved by both Public Works and Transportation Departments prior to the issuance of the first permit for construction.

28. The development borders Wenger Alley which provided access to several single family residential homes. Alley access treatments shall be designed and implemented to prohibit use of the alley from the project site as queuing space. The design shall be subject to review and approval by the Department of Transportation prior to the issuance of the building permits.

29. To limit the potential eastbound left-turn movement of vehicles into the development, the project shall install a median along Foothill Boulevard. The design plans shall be submitted, reviewed, and approved by both Public Works and Transportation prior to the issuance of the first permit for construction.

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Hearing Officer 15 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

Public Works Department

30. The existing curb ramp radius at the northeast corner of Foothill Boulevard and San Gabriel Boulevard is twenty five (25) feet. In order to accommodate an Americans with Disabilities Act (ADA) compliant curb ramp, the applicant shall reconstruct a standard curb ramp at the northeast corner of Foothill Boulevard and San Gabriel Boulevard per Standard Plan No. S-414. The curb ramp construction shall be completed prior to the issuance of Certificate of Occupancy. A separate permit from the Department of Public Works is required for all construction in the public right-of-way. Please contact 626-744-4195 for the general process.

31. The applicant may submit to the City for review any proposed designs that will comply with the ADA requirements. The applicant is responsible for the design, preparation of plans and specifications, and construction of the new curb ramp. Plans for the curb return improvements shall be prepared by a civil engineer, registered in the State of California. Upon submittal of improvement plans to the Departments of Public Works for review, the applicant will be required to place a deposit with the Department of Public Works to cover the cost of plan checking. The amount of deposit will be based on the current City’s General Fee Schedule. Note that the building plans approved by the City’s Planning (Building) Department do not constitute approvals for work in the public right-of-way. Separate plans shall be submitted to the Department of Public Works – Engineering Division – at 175 North Garfield Avenue Window 6. The applicant shall submit the curb return improvement plans and the plan check deposit at least two months prior to the issuance of any building or demolition permits.

32. Upon review of the curb ramp improvement plans, the applicant may need to dedicate to the City for street purposes the land necessary at the property line corner rounding (up to 22 feet radius) to provide for the minimum clearance required by the Americans with Disabilities Act standards. If so, the applicant shall remove and reconstruct the sidewalk for the dedicated area, per Standard Plan No. S-421. The applicant shall be responsible for all the cost required to complete the dedication, if it is required. The dedication document and processing fee shall be submitted to this office prior to issuance of any permits. The dedication document shall be executed and recorded prior to the issuance of a Certificate of Occupancy.

33. The proposed drive approach shall be constructed in accordance with Standard Drawing

No. S-403. The existing gutter shall be cut per the requirements of Public Works inspector and the paving shall not be disturbed. All drive approaches shall be at least seven (7) feet clear from the outside trunk of the existing trees.

34. The applicant shall close any unused drive approach with standard concrete curb, gutter

and sidewalk and shall repair any existing or newly damaged curb, gutter and sidewalk, without cutting the asphalt pavement along the subject frontage prior to the issuance of a Certificate of Occupancy. Sawcutting shall be done per the requirements of Public Works inspector. Existing street trees shall be protected using the City’s Tree Protection Standards available from the Parks and Natural Resources Division (744-4514).

35. Wenger Alley is currently 20-foot wide. The applicant shall dedicate to the City a 4-foot strip

of land along the Wenger Alley frontage for street purposes. The applicant shall improve the dedicated areas and reconstruct Wenger Alley, including the approach, per the satisfaction of the City Engineer.

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Hearing Officer 16 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

36. The applicant shall be responsible for all the costs, including but not limited to any costs

associated with utility relocations, required to complete the dedication. The dedication document and processing fee shall be submitted to this office prior to the issuance of any permits. The dedication document shall be executed and recorded prior to the issuance of the Certificates of Occupancy.

37. The proposed trash enclosure appears to be in conflict with the existing wooden power pole

on Wenger Alley and the power pole is to be relocated. The applicant is responsible for the cost of the proposed power pole relocation. The applicant shall contact the Pasadena Water and Power Department for details.

38. Per the Department of Transportation Traffic Impact Study:

a. The proposed access driveway on Foothill Boulevard shall be limited to right-turn in/right-turn out only and a maximum 20-feet wide.

b. To limit the potential eastbound left-turn movement of vehicles into the development, the

project shall install a median Foothill Boulevard. The scope of works shall include but not limited to modification of traffic striping, all impacted utilities, traffic signals facilities and detection loops.

c. Plans for the improvements shall be prepared by a civil engineer, registered in the State of California. Upon submittal of improvement plans to the Departments of Public Works and Department of Transportation for review, the applicant will be required to place a deposit with the Department of Public Works to cover the cost of plan checking. The amount of deposit will be based on the current City’s General Fee Schedule. Note that the building plans approved by the City’s Planning (Building) Department do not constitute approvals for work in the public right-of-way. Separate plans shall be submitted to the Department of Public Works – Engineering Division – at 175 North Garfield Avenue Window 6. The applicant shall submit the improvement plans and the plan check deposit at least two months prior to the issuance of any building or demolition permits.

39. The applicant is responsible for the design, preparation of plans and specifications, and

construction of all required public improvements. Plans for the above improvements shall be prepared by a civil engineer, registered in the State of California. Upon submittal of improvement plans to the Departments of Public Works for review, the applicant will be required to place a deposit with the department to cover the cost of plan checking and construction inspection of the improvements. The amount of deposit will be determined when the plans are submitted and will be based upon the estimated cost to the department for the work. Note that building plans approved by the City’s Planning (Building) Department do not constitute approvals for work in the public right-of-way. Independent plans shall be submitted to the Department of Public Works – Engineering Division – at 175 North Garfield Avenue, Window 6. The applicant is encouraged to submit these plans as early as possible to avoid delays in the issuance of Certificates of Occupancy.

40. Foothill Boulevard was resurfaced with rubberized asphalt concrete. Excavations in the

streets for utility connections shall be as close as possible to each other and the pavement shall be restored contiguously between extreme excavations. Restoration of asphalt

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Hearing Officer 17 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

concrete pavement shall be per Standard Plan S-416 and with rubberized asphalt concrete in kind to the satisfaction of the City Engineer.

41. Furthermore, Foothill Boulevard was resurfaced with rubberized asphalt in September 2015

and is a moratorium street. If the street is excavated for utility connections prior to September 2020, additional grinding and resurfacing areas beyond the excavated areas will be required to resurface the street. Restoration of asphalt concrete pavement shall be per Standard Plan S-416 and with rubberized asphalt concrete in kind to the satisfaction of the City Engineer.

42. Excavations in the streets for utility connections shall be as close as possible to each other

and the pavement shall be restored contiguously between extreme excavations. 43. The proposed development shall connect to the public sewer with one or more new six-inch

diameter house sewers laid at a minimum slope of two percent. In accordance with PMC Chapter 13.24.010, house sewer “means that part of the horizontal piping beginning 24 inches from the exterior wall of the building or structure and extending to its connection with the public sewer.” The section of house sewers within the public right-of-way - from the property line to the public sewer, or within easement, shall be vitrified clay or cast iron pipe. The house sewer shall meet City Standards as determined by the Department of Public Works, and a permit issued by the Department of Public Works is required for work within the public right-of-way. The construction of all new house sewers shall be completed prior to the issuance of Certificate of Occupancy.

44. The existing storm-drain system on Foothill Boulevard is owned and maintained by City. A

closed circuit television (CCTV) inspection of the San Gabriel Boulevard frontage catch basin and connector pipe shall be performed and a CCTV inspection tape submitted to the Department of Public Works for review. The address, date of inspection, and a continuous read-out of the camera distance from the starting point shall be constantly displayed on the video. The applicant shall correct any defects revealed by the inspection. Defects may include, excessive tuberculation, offset joints, excessive root intrusion, pipe joints that can allow water infiltration, cracks, and corrosion or deterioration of the pipe or joint material, damaged or cracked connection to the storm drain main, or other defects as determined by the City Engineer. The method of correction of the defects shall be subject to the approval of the City Engineer, and may include partial or total replacement of the drainage system. The applicant shall be responsible for all costs required to obtain the CCTV inspection of the existing drainage system connection, and if required, to correct the defects.

45. If the development proposes to connect the on-site drainage to the catch basin, plans shall

be submitted to Pasadena Department of Public Works for review and approval. The applicant is responsible for the design, preparation of plans and specifications, and construction of the connection. Plans for the drainage connection shall be prepared by a civil engineer, registered in the State of California. Upon submittal of improvement plans to the Departments of Public Works for review, the applicant will be required to place a deposit with the Department of Public Works to cover the cost of plan checking. The amount of deposit will be based on the current City’s General Fee Schedule. Note that the building plans approved by the City’s Planning (Building) Department do not constitute approvals for work in the public right-of-way. Separate plans shall be submitted to the Department of Public Works – Engineering Division – at 175 North Garfield Avenue Window 6. The applicant shall submit the drainage connection plans and the plan check deposit at least two months prior to the issuance of any building or demolition permits.

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Hearing Officer 18 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

46. If drainage patterns are altered, the applicant shall provide an approved method of

controlling storm water runoff. Approval shall be obtained from the Planning Department and the Department of Public Works prior to issuance of a grading or building permit for this site.

47. All of the on-site drainages, such as roof drain, and area drain, shall be gravity-flowed out to

the public right of way at an approved angle in a cast iron curb drain or an approved curb outlet. All drains shall discharge to Foothill Boulevard and San Gabriel Boulevard at an approved angle in a cast iron curb drain or an approved curb outlet. No drainage runoff shall be allowed onto Wenger Alley. The construction of the drain shall be completed prior to the issuance of Certificate of Occupancy.

48. If the existing street lighting system along the project frontage is in conflict with the proposed

development/driveway, it is the responsibility of the applicant to relocate the affected street lights, including conduits, conductors, electrical services, pull boxes and miscellaneous appurtenant work in a manner that complies with the requirements and receives the approval of the Department of Public Works. Please contact Richard Yee, Street Lighting and Traffic Signal section, at (626) 744-4643 for details.

49. Past experience has indicated that projects such as this tend to damage the abutting street

improvements with the heavy equipment and truck traffic that is necessary during construction. Additionally, the City has had difficulty in requiring developers to maintain a clean and safe site during the construction phase of development. Accordingly, the applicant shall place a $5,000 deposit with the Department of Public Works prior to the issuance of a building or grading permit. This deposit is subject to refund or additional billing, and is a guarantee that the applicant will keep the site clean and safe, and will make permanent repairs to the abutting street improvements that are damaged, including striping, slurry seal/resurfacing, curb, gutter, and sidewalk, either directly or indirectly, by the construction on this site. The deposit may be used for any charges resulting from damage to street trees. A processing fee will be charged against the deposit.

50. Prior to the start of construction or the issuance of any permits, the applicant shall submit a

Construction Staging and Traffic Management Plan to the Department of Public Works for review and approval. The template for the Construction Staging and Traffic Management Plan can be obtained from the Department of Public Works webpage at: http://www.ci.pasadena.ca.us/PublicWorks/Engineering_Division/ . A deposit, based on the General Fee Schedule, is required for plan review and on-going monitoring during construction. This plan shall show the impact of the various construction stages on the public right-of-way including all street occupations, lane closures, detours, staging areas, and routes of construction vehicles entering and exiting the construction site. An occupancy permit shall be obtained from the department for the occupation of any traffic lane, parking lane, parkway, or any other public right-of-way. All lane closures shall be done in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and California Supplement. If the public right-of-way occupation requires a diagram that is not a part of the MUTCD or California Supplement, a separate traffic control plan must be submitted as part of the Construction Staging and Traffic Management Plan to the department for review and approval. No construction staging, material storage, or trailer in the public right-of-way. In addition, prior to the start of construction or issuance of any permits, the applicant shall conduct a field meeting with an inspector from the Department of Public Works for review and approval of construction staging, parking, delivery and storage of materials, final sign-off

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Hearing Officer 19 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

procedure, and any of the specifics that will affect the public right-of-way. An appointment can be arranged by calling 626-744-4195.

51. In preparation for the New Year Rose Parade and Rose Bowl Game, the Department of

Public Works will suspend all works within the public right-of-way during the holiday season in accordance to PMC 12.24.100 and City Policy. In general, all public streets, sidewalks and parkways shall be free and clear of excavations and other construction related activities during the period of November through January of the following year. Specific dates will vary on an annual basis. Accordingly, contractors will be required to shut down construction operations which would impede traffic and pedestrian movements during these periods unless otherwise authorized by the City Engineer. Any existing excavations shall be backfilled, compacted and temporarily repaved before the beginning of the moratorium period. The Holiday Moratorium Map, showing the appropriate shutdown period, and corresponding areas in the City, is available at the Department of Public Works Permit Counter (window #6), 175 N. Garfield Avenue, Pasadena, CA 91109, or at the following link: http://cityofpasadena.net/PublicWorks/Engineering_Division/.

52. All costs associated with these conditions shall be the applicant’s responsibility. Unless

otherwise noted in this memo, all costs are based on the General Fee Schedule that is in effect at the time these conditions are met. A processing fee will be charged against all deposits. In addition to the above condition, the requirements of the following ordinances may apply to the proposed project:

o Sewer Facility Charge - Chapter 4.53 of the PMC The ordinance provides for the sewer facility charge to ensure that new development

within the city limits pays its estimated cost for capacity upgrades to the city sewer system, and to ensure financial solvency as the city implements the operational and maintenance practices set forth in the city's master sewer plan generated by additional demand on the system. Based on sewer deficiencies identified in the City’s Master Sewer Plan, the applicant may be subject to a Sewer Facility Charge to the City for the project’s fair share of the deficiencies. The Sewer Facility Charge is based on the Taxes, Fees and Charges Schedule and will be calculated and collected at the time of Building Permit Issuance.

o Sidewalk Ordinance - Chapter 12.04 of the Pasadena Municipal Code (PMC) In accordance with Section 12.04.035, entitled “Abandoned Driveways” of the PMC, the

applicant shall close any unused drive approach with standard concrete curb, gutter and sidewalk. In addition, the applicant shall repair any existing or newly damaged sidewalk along the subject frontage prior to the issuance of a Certificate of Occupancy or any building permit for work in excess of $20,000 pertaining to occupancy or construction on the property in accordance with Section 12.04.031, entitled “Inspection required for Permit Clearance” of the PMC.

o City Trees and Tree Protection Ordinance - Chapter 8.52 of the PMC The ordinance provides for the protection of specific types of trees on private property as

well as all trees on public property. No street trees in the public right-of-way shall be removed without the approval of the Urban Forestry Advisory Committee.

o Stormwater Management and Discharge Control Ordinance – Chapter 8.70 of the PMC This project is subject to the requirements of the City's Storm Water and Urban Runoff

Control Regulation Ordinance which implements the requirements of the Regional Water

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Hearing Officer 20 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

Quality Control Board's Standard Urban Storm Water Mitigation Plan (SUSMP). Prior to the issuance of any demolition, grading or construction permits for this project, the developer shall submit a detailed plan indicating the method of SUSMP compliance. Information on the SUSMP requirements can be obtained from the Permit Center’s webpage at http://cityofpasadena.net/PermitCenter/

The resolution of the City Council of the City of Pasadena approving the amended

stormwater and urban runoff pollution control regulations and repealing resolution No. 8151, can be found at the following link: http://ww2.cityofpasadena.net/councilagendas/2015%20Agendas/Aug_17_15/AR%2019%20RESOLUTION%20APPROVING%20AMENDED%20STORMWATER%20&%20URBAN%20RUNOFF%20POLLUTION.pdf

o Construction and Demolition Waste Ordinance, Chapter 8.62 of the PMC The applicant shall submit the following plan and form which can be obtained from the

Permit Center’s webpage at http://cityofpasadena.net/PublicWorks/ and the Recycling Coordinator, (626) 744-7175, for approval prior to the request for a permit:

a. C & D Recycling & Waste Assessment Plan – Submit plan prior to issuance of the

permit. A list of Construction and Demolition Recyclers is included on the waste management application plan form and it can also be obtained from the Recycling Coordinator.

b. Summary Report with documentation must be submitted prior to final inspection.

A security performance deposit of three percent of the total valuation of the project or

$30,000, whichever is less, is due prior to permit issuance. For Demolition Only projects, the security deposit is $1 per square foot or $30,000, whichever is less. This deposit is fully refundable upon compliance with Chapter 8.62 of the PMC. A non-refundable Administrative Review fee is also due prior to permit issuance and the amount is based upon the type of project.

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Hearing Officer 21 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

ATTACHMENT C DRIVE-THRU QUEUING STUDY

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Hearing Officer 22 Conditional Use Permit #6371 April 6, 2016 2731 E. Foothill Blvd.

ATTACHMENT D TRAFFIC IMPACT STUDY