ATTACHMENT A
SPECIFIC FINDINGS FOR CONDITIONAL USE PERMIT #6926
Conditional Use Permit – To establish a Vehicle Sales and Leasing land use
1. The proposed use is allowed with a Conditional Use Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Code. The portion of the site north of Nina St centerline is located within the EPSP-d1-IG (East Pasadena Specific Plan, Subarea d1, Industrial General) zoning district, while the portion south of Nina St centerline is located within the ECSP-CG-6 (East Colorado Specific Plan, Chihuahuita sub-area) zoning district. Within both zoning districts, the establishment of a new Vehicle Services – Sales and Leasing land use (auto dealership) is permitted with the approval of a Conditional Use Permit. The proposed development will be designed in conformance with the development standards provided in Section 17.31.050 Table 3-4 (East Colorado Specific Plan Development Standards), Section 17.32.070 Table 3-7 (East Pasadena Subarea d1 Standards), as well as the additional standards Vehicle Services – Sales and Leasing in Section 17.50.360 – Vehicle Sales and Repair Services, with the exception of the corner side yard setback.
2. The location of the proposed use complies with the special purposes of this Zoning Code and the purposes of the applicable zoning district. The subject site is located in the EPSP-d1-IG (East Pasadena Specific Plan, Subarea d1, Industrial General) and the ECSP-CG-6 (East Colorado Specific Plan, Chihuahuita sub-area) zoning districts. The purpose of the EPSP zoning districts is to implement the East Pasadena Specific Plan by ensuring that the future development of East Pasadena balances the community needs of residents with the needs of businesses and commercial property owners, and preserves the quality of life in the area in terms of existing air quality, traffic, safety, and sense of community or place, and to allow sufficient expansion opportunities for businesses to grow and to maintain quality job opportunities that are needed to sustain a high quality of life for all residents of Pasadena. In Subarea d1, one purpose is to encourage the subarea's continued use as an industrial district with moderate amounts of additional office and commercial development. The purpose of the ECSP zoning district is to implement the East Colorado Specific Plan by balancing and optimizing economic development, historic preservation, and the maintenance of local community culture, and to promote a vibrant mix of land uses, a unified streetscape, and a series of distinctive "places" along the Boulevard; by improving the appearance, function, and urban ambiance of East Colorado Boulevard; by beautifying the streetscape through installation of street trees, street and median landscaping to soften the urban edge, and a consistent selection of urban furnishings; by creating a pedestrian-friendly environment that balances the needs of pedestrians and vehicular traffic, recognizing the heavy local and regional use of Colorado Boulevard; and protecting historic resources and honor the past of Colorado Boulevard and its surrounding communities through subarea identification and remembrance of Colorado Boulevard as Route 66.
The subject use is located on Colorado Boulevard and Walnut Street, within a general vicinity of other sites that are developed with similar Vehicle Services (Sales and Leasing, Auto Repair, etc.) land uses and other general commercial uses. The southern portion of the site is currently an inventory parking lot for the auto dealership located to the east of the project site (Rusnak Audi). Within the general vicinity, there are several auto dealerships along Walnut Street and Colorado Boulevard. Automobile showrooms, as well as businesses devoted to servicing automobiles and auto related uses have been historically located along Colorado Boulevard and Walnut Street. As such, the proposed auto dealership will be consistent with businesses which have existed along these routes. The proposed auto dealership will be an expansion opportunity for a business to grow and to maintain quality job opportunities that are needed to sustain a high quality of life for all residents of Pasadena while recognizing the heavy local and regional use of Colorado Boulevard; and protecting historic resources and honor the past of Colorado Boulevard and its surrounding communities through subarea identification and remembrance of Colorado Boulevard as Route 66.
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. The portion of the site north of Nina Street centerline is designated as R&D Flex Space in the City’s General Plan Land Use Designation, while the portion south of Nina Street centerline is designated as Low Mixed-Use.
Under the General Plan Land Use Element, parcels designated as Low Mixed-Use are intended to support the development of properties and buildings with a mix of compatible uses, including work/live units or ground floor retail and restaurant uses with office and/or residential uses above. Mixed-use buildings may be horizontally- or vertically-oriented. Sites shall be primarily commercial, but may be residential in areas specified by Specific Plans. The proposed project consists of a commercial auto dealership and is generally consistent with the intended land uses identified for the Low Mixed-Use designation. Parcels designated as R&D Flex Space are characterized by a wide range of industrial uses such as light manufacturing, research and development, creative office and incubator industries, and limited ancillary commercial and office uses. The proposed project would locate auto service, repair, washing and detailing uses within the portion of the site designated as R&D Flex Space, which is generally consistent with the intended land uses identified for R&D Flex Space.
The Land Use Element of the General Plan provides the following policies that are relevant to the proposed project and detailed in the findings (Attachment A): Policy
1.2 – Targeted Growth, Policy 2.4 – Job Choices, Policy 4.7 – Strengthen Major Corridors, Policy 11.1 – Business Expansion and Growth, Policy 12.4 – Revitalization of Commercial Areas, Policy 25.2 – Compact Infill Development, and Policy 27.1 – Diversity of Uses.
The proposed project is consistent with the aforementioned policies of the Land Use Element of the General Plan in that the proposed auto dealership and vehicle service uses would be constructed on existing underutilized properties and are surrounded by mostly commercial and industrial uses. The proposed project is expected to provide additional job opportunities for Pasadena residents, strengthen local economic activity, and attract customers from within the City as well as the greater San Gabriel Valley and Los Angeles areas.
The project site is located within the Chihuahuita sub-area of the East Colorado Specific Plan. This sub-area is characterized by the specific plan as auto-oriented and describes that its developed with auto dealers. One of the goals of the specific plan is to transition auto dealers, and auto related uses, into this sub-area. The establishment of the auto-dealership is consistent with the specific plan goal.
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.
The subject property is located in an urbanized area and surrounded by commercial, retail and other vehicle related uses, including other auto dealerships. The proposed project establishes an auto dealership use, which will include vehicle sales and vehicle services. Public improvements resulting from the project that include accessibility improvements, curb ramps, improvements to street lighting, and upgrades to the traffic signals at the intersection will provide for health, safety, and welfare.
An Initial Study and Mitigated Negative Declaration was prepared for the project; all impacts identified in the Initial Study were found to be less than significant, or less than significant with implementation of mitigation measures. The Initial Study identified potentially significant effects related to the following topics: Cultural Resources, Hazardous Materials, and Tribal Cultural Resources. However, with incorporation of mitigation measures, it was determined in the Initial Study that all potentially significant effects of the proposed auto dealership use would be reduced to a less-than-significant level.
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. The proposed two-story auto dealership building is compatible with the surrounding land uses. Other vehicle related uses including other auto dealerships are located in close proximity to the subject site. Appropriate design features such as additional landscaping and new trees provided along Walnut Street, Colorado Boulevard and Sunnyslope Avenue, as well as a proposed structure over the display area at the southwest corner of the site and enhanced paving at vehicle entry points along Colorado Boulevard and Sunnyslope Avenue, will improve the pedestrian experience. Conditions of approval are included to ensure the proposed auto dealership use performs in conformance with Zoning Code Section 17.50.360 (Vehicle Sales and Repair Services), which provides specific standards for auto dealerships and repair services. Specifically, conditions of approval will limit operational standards such as prohibiting servicing of trucks and industrial equipment; limiting the hours of operation to between 7:00 am and 7:00 pm, Monday through Saturday; prohibiting the storage of damaged or wrecked vehicles; removing discarded vehicle parts and equipment from the premises; and storing old ties within a solid wall enclosure. With the proposed conditions of approval, the proposed use will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
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 proposed project includes the construction of a two-story auto dealership building. The proposed use of the building will consist of vehicle sales and vehicle services, which are compatible with existing and future uses in the vicinity. The size and development pattern of surrounding uses are similar to that of the proposed project. Along Colorado Blvd there are sites that are developed with retail and automotive related land uses, of similar scale, that are characterized by expansive setbacks and automotive display and parking along the street frontages; indicative of the automotive oriented development history of the area. The project is subject to Design Review and will be reviewed by the Design Commission to ensure the project is compatible in term of aesthetic values. The proposed use and building will be compatible with the existing adjacent uses.
Conditional Use Permit – Major Project over 25,000 square feet
7. The proposed use is allowed with a Conditional Use Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Code.
Pursuant to Section 17.61.050.J.2 (Major Construction) of the City’s Zoning Code, new construction of a nonresidential project or a nonresidential portion of a mixed- use project that exceeds 25,000 square feet of gross floor area is allowed with the review and approval of a Conditional Use Permit. The proposed project entails the construction of a new 58,849 square-foot auto dealership, a new 4,864 square-foot car wash building, and a 298 square-foot battery storage room, for a total of 64,011 square feet of new construction, is allowed with a Conditional Use Permit. The proposed development will be designed in conformance with all development standards provided in Section 17.31.050 Table 3-4 (East Colorado Specific Plan Development Standards), Section 17.32.070 Table 3-7 (East Pasadena Subarea d1 Standards), as well as the additional standards Vehicle Services – Sales and Leasing in Section 17.50.360 – Vehicle Sales and Repair Services, with the exception of the corner side yard setback.
8. The location of the proposed use complies with the special purposes of this Zoning Code and the purposes of the applicable zoning district. The subject site is located in the EPSP-d1-IG (East Pasadena Specific Plan, Subarea d1, Industrial General) and the ECSP-CG-6 (East Colorado Specific Plan, Chihuahuita sub-area) zoning districts. The purpose of the EPSP zoning districts is to implement the East Pasadena Specific Plan by ensuring that the future development of East Pasadena balances the community needs of residents with the needs of businesses and commercial property owners, and preserves the quality of life in the area in terms of existing air quality, traffic, safety, and sense of community or place, and to allow sufficient expansion opportunities for businesses to grow and to maintain quality job opportunities that are needed to sustain a high quality of life for all residents of Pasadena. In Subarea d1, one purpose is to encourage the subarea's continued use as an industrial district with moderate amounts of additional office and commercial development. The purpose of the ECSP zoning district is to implement the East Colorado Specific Plan by balancing and optimizing economic development, historic preservation, and the maintenance of local community culture, and to promote a vibrant mix of land uses, a unified streetscape, and a series of distinctive "places" along the Boulevard; by improving the appearance, function, and urban ambiance of East Colorado Boulevard; by beautifying the streetscape through installation of street trees, street and median landscaping to soften the urban edge, and a consistent selection of urban furnishings; by creating a pedestrian-friendly environment that balances the needs of pedestrians and vehicular traffic, recognizing the heavy local and regional use of Colorado Boulevard; and protecting historic resources and honor the past of Colorado Boulevard and its surrounding communities through subarea identification and remembrance of Colorado Boulevard as Route 66.
The subject use is located on Colorado Boulevard and Walnut Street, within a general vicinity of other sites that are developed with similar improvements in the immediate area. Existing improvements surrounding the subject site include one- and two-story commercial structures. Adjacent to the east is an existing 40,438 square-foot auto dealership (Rusnak Audi). To the east of Rusnak Audi is a Building Material Retail use (Gahnal Lumber) comprised of multiple buildings totaling approximately 40,500 square feet in size. To the east of Kinneloa Avenue, which is approximately 500 feet from subject site, is an approximately 154,000 square-foot retail store (Target), and to the north of the subject site, across from Walnut Street, is an approximately 140,000 square-foot retail store (Home Depot).
9. 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. As proposed, the project is consistent with the goals, policies, and objectives of the General Plan. Specifically, with the following General Plan Land Use Element Policies:
Policy 4.11 – Development that is Compatible. Require that development demonstrates a contextual relationship with neighboring structures and sites addressing such elements as building scale, massing, orientation, setbacks, buffering, the arrangement of shared and private open spaces, visibility, privacy, automobile and truck access, impacts of noise and lighting, landscape quality, infrastructure, and aesthetics.
Policy 23.3 – Landscaped Setbacks and Walkways: Provide appropriate setbacks, consistent with the surrounding neighborhood, along the street frontage and, where there are setbacks, ensure adequate landscaping is provided.
Policy 23.5 – Streetscapes: Provide ample public spaces and tree-lined sidewalks furnished with pedestrian amenities that contribute to comfortable and attractive settings for pedestrian activity.
Policy 32.1 – Places and Urban Form. Provide for the evolution of strip corridor uses along Colorado Boulevard by clustering development into distinct pedestrian- oriented, mixed-use centers serving as places for people to live, shop, dine, and congregate with their friends, while maintaining intervening areas for less intensive commercial uses.
Policy 33.7 – Public Streetscapes and Places. Redevelop street frontages with streetscape amenities (such as trees, plantings, furniture, and wayfinding signs) that enhance connectivity and walkability. Develop new public places providing opportunities for residents to gather, such as parklets and plazas.
The proposed 58,849 square-foot two-story auto dealership will be in a contextual relationship with neighboring structures and sites in terms of building scale, massing, orientation, setbacks, buffering, automobile and truck access, impacts of noise and lighting, landscape quality, infrastructure, and aesthetics. The General Plan Land Use Element also includes specific policies that support more walkable and pedestrian-oriented urban forms within the proposed project area. These policies indicate that new development should provide appropriate building setbacks, streetscape improvements, and landscaping to encourage a more comfortable and attractive setting for pedestrian activity. The project includes additional landscaping and new trees provided along Walnut Street, Colorado Boulevard and Sunnyslope Avenue, as well as a structure over the display area at the southwest corner of the site and enhanced paving at vehicle entry points along Colorado and Sunnyslope, which would improve the pedestrian experience. Display and inventory parking is proposed to wrap around the site along Sunnyslope Avenue and Walnut Street. The proposed landscaping and paving treatments would support a more comfortable pedestrian environment.
The project site is located within the Chihuahuita sub-area of the East Colorado Specific Plan. The specific plan describes the context of the Chihuahuita sub-area as a district filled with many auto dealers, easy freeway access and large retailers, which makes this a destination location for neighboring communities and Pasadena residents. The specific plan acknowledges the uniqueness of this auto-dealer oriented area and specifies that these types of businesses should have easy access from the street and parking in the front. The proposed scale of the project is consistent with the context of this sub-area.
10. 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.
The subject property is located in an urbanized area and surrounded by commercial, retail and vehicle related uses, including other auto dealerships similar in scale. The proposed project includes the construction of a 58,849 square-foot auto dealership, a new 4,864 square-foot car wash building, and a 298 square-foot battery storage room, for a total of 64,011 square feet of new construction. Public improvements resulting from the project that include accessibility improvements, curb ramps, improvements to street lighting, and upgrades to the traffic signals at the intersection will provide for health, safety, and welfare.
An Initial Study and Mitigated Negative Declaration was prepared for the project; all impacts identified in the Initial Study were found to be less than significant, or less than significant with implementation of mitigation measures. The Initial Study identified potentially significant effects related to the following topics: Cultural Resources, Hazardous Materials, and Tribal Cultural Resources. However, with incorporation of mitigation measures, it was determined in the Initial Study that all potentially significant effects of the proposed structure would be reduced to a less- than-significant level.
A revised project comparative analysis was conducted to evaluate if the revisions to the project would result in any new significant effects beyond those evaluated in the Draft IS/MND or if any new mitigation measures would be required. It was determined that the revised project does not require substantial revisions to the previously circulated Draft IS/MND. The revised project does not result in any new, avoidable significant effects that would require mitigation measures or project revisions to be added in order to reduce the effect to insignificance.
11. 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. The proposed project entails the construction of a two-story auto dealership building, which will accommodate vehicle sales and vehicle services uses. The subject property is located in an urbanized area and surrounded by commercial, retail, vehicle related uses, including other auto dealerships similar in scale as the proposed project. Conditions of approval are included to ensure the proposed auto dealership use performs in conformance with Zoning Code Section
17.50.360 (Vehicle Sales and Repair Services), which provides specific standards for auto dealerships and repair services. Specifically, conditions of approval will limit operational standards such as prohibiting servicing of trucks and industrial equipment; limiting the hours of operation to between 7:00 am and 7:00 pm, Monday through Saturday; prohibiting the storage of damaged or wrecked vehicles; removing discarded vehicle parts and equipment from the premises; and storing old ties within a solid wall enclosure. With the proposed conditions of approval, the proposed 60,230 square-foot auto dealership will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
12. 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 proposed project includes the construction of a two-story auto dealership building. The proposed use of the building will consist of vehicle sales and vehicle services, which are compatible with existing and future uses in the vicinity. The size and development pattern of surrounding uses are similar to that of the proposed project. Along Colorado Blvd there are sites that are developed with retail and automotive related land uses, of similar scale, that are characterized by expansive setbacks and automotive display and parking along the street frontages; indicative of the automotive oriented development history of the area. There are no maximum floor area ratio (FAR) standards within the EPSP-d1-IG and ECSP-CG-6 zoning districts.
The portion of the site north of the Nina Street centerline is designated as R&D Flex Space with an FAR range of 0-1.25. The portion of the site south of the Nina Street centerline is designated as Low Mixed-Use with an FAR range of 0-1.0. New construction on the portion of the site north of Nina will result in a 0.50 FAR, below the 1.25 FAR maximum. New construction on the portion of the site south of Nina Street will result in a 0.29 FAR, below the 1.00 FAR maximum. The project is subject to Design Review. The project completed the first phase of Design Review, Preliminary Consultation, and the applicant has revised the project to respond to these comments, such as retaining the Swanson and Peterson building and in incorporating a freestanding structure, as well as using alternative permeable paving materials. The project will be required to complete Concept and Final Design Review with the Design Commission.
Minor Variance – To exceed corner side setback
13. There are exceptional or extraordinary circumstances or conditions applicable to the development site that do not apply generally to sites in the same zoning district. The subject site has a change in grade that descends from east to west, throughout the site and along the Colorado Boulevard frontage, from Sunnyslope Avenue to the eastern extent of the project site; unlike most sites on Colorado Boulevard that have a natural change in grade that descends from north to south. The resulting condition is an 11-foot grade change from the northwest corner of the site to the southeast corner. This condition constrains the ability to place the main auto dealership building at the required setback. If it were placed at the setback, it would impact vehicular access to the site by needing steeper driveways from Colorado Boulevard and Sunnyslope Avenue. It would also impact internal vehicular circulation and how cars are moved throughout the building which is an integral component of this use.
The location of buildings is also driven by retaining the Swanson and Peterson building and adaptively reusing the space so that programming for the building and the new construction can be achieved. The trellis structure is proposed to be setback further to allow access for vehicles outdoors which is an external operating characteristic of the proposed use. Vehicle Sales relies heavily on the external operations and circulation- more so than a traditional retail store or office building.
The grade of the site in combination with the retention of the existing Swanson and Peterson building results in unique conditions at this site that warrant the greater setback of the trellis structure along Sunnyslope Avenue. Additionally, the larger setback from Sunnyslope Avenue would allow an uninterrupted view of the proposed dealership building from Colorado Boulevard
14. Granting the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship. The placement of the buildings affects where vehicles are displayed and the outdoor operation of the site. The trellis structure is proposed to be setback further to allow clear access for vehicles outdoors which is an external operating characteristic of the proposed use. Vehicle Sales relies heavily on the external operations and circulation- more so than a traditional retail store or office building.
15. Granting the application will not be detrimental or injurious to property or improvements in the vicinity of the project site, or to the public health, safety, or general welfare. Granting the application would allow the display structure to be set back 43’ from Sunnyslope Avenue corner property line, as opposed to the required five-foot setback. The additional setback granted would not be detrimental or injurious to property or improvements in the vicinity of the project site. The intent of the fixed five-foot setback along street frontages is to implement the purpose of ECSP to “create a pedestrian-friendly environment that balances the needs of pedestrians and vehicular traffic, recognizing the heavy local and regional use of Colorado Boulevard.” The intent of the specific plan is to have engaging spaces for pedestrians, and this can come in different forms. The proposed trellis does meet the standards to be considered a structure and in this case provides an engaging experience for pedestrians and other travelers along Colorado Boulevard.
16. Granting the application is consistent with the General Plan and the purposes of Title 17 of the Municipal Code and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zone district. Adjacent properties are developed with large commercial developments similar in scale as the proposed auto dealership, many of them with setbacks greater than the required fixed five-foot setback. As proposed, the setback along Sunnyslope Avenue is consistent with General Plan Land Use Policy 4.11 – Development that is Compatible, which requires that development demonstrates a contextual relationship with neighboring structures and sites addressing such elements as building scale, massing, orientation, setbacks, buffering, the arrangement of shared and private open spaces, visibility, privacy, automobile and truck access, impacts of noise and lighting, landscape quality, infrastructure, and aesthetics. The granting of the application would not constitute a grant of special privilege.
17. Cost to the applicant of strict compliance with a regulation is not the primary reason for the granting of the Variance. The cost to the applicant of complying with the City’s development standards has not been considered throughout the review of this application.