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AGENDA ITEM NO. 10.

CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of 12/10/2024
Originating Department: Planning

City Manager:

Department Head:

SUBJECT:

City Council review of the Planning Commission’s approval of Conditional Use Permit CU-2024-0007 for a drive-thru at a new McDonald’s restaurant and Design Review Application DR-2024-0011 for the design of a new McDonald’s restaurant, which includes the exterior faCade, parking, landscaping and off-site improvements.

RECOMMENDED MOTION:

Staff recommends that the City Council do one of the following: 1) direct Staff to prepare a resolution, direct the City Clerk to assign a resolution number, and authorize the Mayor to sign said resolution upholding the Planning Commission approvals of Conditional Use Permit CU-2024-0007 and Design Review DR-2024-0011 without modifications; 2) direct Staff to prepare a resolution upholding the Planning Commission approvals with specified modifications to be brought back at a future meeting for adoption; 3) direct Staff to prepare a resolution denying the applications (overturn the Planning Commission), provide finding in support of that decision, and direct Staff to bring a resolution back to a future meeting for adoption; or 4) remand the applications back to the Planning Commission with instructions.

DISCUSSION:

In accordance with the Hawthorne Municipal Code (HMC) Chapters 17.26 and 17.28, a drive-thru restaurant requires the granting of a Conditional Use Permit (CUP) by the Planning Commission wherein findings are made regarding the project. Further, HMC Chapter 17.99 requires a Design Review of a new commercial building. The applicant, Scott Wilkeson, representing McDonald’s USA, LLC, submitted applications for both of these entitlements.

On November 6, 2024, the Planning Commission of the City of Hawthorne held a public hearing to review the McDonald’s CUP and design review applications for the property at 13324 S. Inglewood Avenue (APN 4042-011-026 and 4042-011-024).

At the hearing on November 6, Staff made a presentation supporting a recommendation of approval for both applications. The applicant was present and answered questions from the Commission, and several members of the community spoke during the hearing expressing opposition to the proposed development. After deliberation, the Planning Commission moved to continue the hearing until the Planning Commission meeting of November 20, 2024. The motion passed three to zero, with two Commissioners absent.

On November 20, 2024 the Planning Commission resumed the public hearing to review the McDonald’s applications. At this hearing, Staff made a presentation recommending approval of both entitlements. The applicant was present and answered questions from the Commission. Additionally, a representative of the property owner was present and made a statement and answered questions from the Commission. Several members of the community spoke during the hearing with the majority expressing opposition to the proposed development. After deliberation, the Planning Commission made a motion to approve the CUP, which applies only to the inclusion of a drive-thru at the new restaurant, with a change to the presented plans providing that the entrance on 133rd Street be changed into an exit only. The exit on 133rd Street further included language to provide signs indicating a left-turn only and a physical cement barrier to ensure the left-turn only is heeded. The motion to approve the CUP for the drive-thru function passed three to one, with one commissioner absent. A motion was also made to approve the design review with similar changes to the entrances and exits of the site as the CUP. The motion to approve the design review passed four to zero, with one Commissioner absent.

In approving the CUP, the Planning Commission made five distinct findings, as follows:

The proposed use is properly one for which a CUP is authorized by this code, as follows:

The project site is located in the C-3 zone. HMC Section 17.28.020 permits uses in the C-3 zone that are permitted in the C-2 zone and subject to the same regulations as in the C-2 zone. As such, a conditional use permit is a proper use.

The proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located, as follows:

The project location in the General Commercial zone is intended for commercial activity and development, including restaurants. Through careful design and subsequent design review, the drive-thru will be oriented in a way to minimize interference with the adjoining commercial and residential land uses.

That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety.

The proposed structure is 3,781 square feet, which covers 10% of the 37,500 square foot lot. The site can easily accommodate the new building, required parking, and the drive-thru with adequate vehicle stacking. Additionally, the drive-thru entrance is proposed to be 24 feet wide, accommodating two lanes and two ordering stations. This style of drive-thru design provides additional queuing space and quicker movement of vehicles through the line.

That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area.

The purpose of a drive-thru is to collect cars in an orderly queue to receive service. The proposed queue demonstrates ample space to accommodate vehicles and minimize overflow into the establishment’s parking lot and adjacent streets. The drive-thru will be accessible via curb cuts on two streets, Inglewood Avenue and 134th Street. The drive-thru will have signs and directional arrows guiding traffic.

The Applicant and the City will take an additional precaution to reduce the burden of traffic at the intersection of Inglewood Avenue and 133rd Street. A curb cut on the property along 133rd Street will serve as an exit only, directing vehicles toward Inglewood Avenue. This will mitigate the potential for vehicle stacking on or travelling eastbound on 133rd Street.

That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Hawthorne.

Provisions of the HMC permit drive-thru restaurants with the approval of a CUP. The findings above demonstrate the project’s conformity to the surrounding land uses and regulations of the Zoning Code. Additionally, the conditions of approval enumerated in Planning Commission resolution, subject the project to review by agencies such as Fire, Police, and others regulating public safety.

In approving the Design Review, the Planning Commission made four distinct findings, as follows:

The location, size, design, and characteristics of the project will be compatible with and will not be detrimental to the public health, safety, or welfare of persons residing in or working in or adjacent to the proposed project.

This project is subject to review by agencies regulating the public health, safety, and welfare of the residents in the City of Hawthorne. These agencies include the Public Works Department, the County of Los Angeles Fire Department, and the Hawthorne Police Department. Elements under review include the provision of Americans with Disabilities Act (ADA) accessibility, traffic control devices, and safe paths-of-travel. The project site is properly located in the General Commercial zone which is intended to provide a designated area for land uses that will involve a greater degree of noise and outdoor activity which are limited in more restrictive zones. Therefore, the proposed commercial use is compatible with the project site, and will not be detrimental to adjacent uses.

The proposed design is suitable for its purpose, is harmonious with and relates properly to, the surrounding neighborhood, contiguous parcels, and the site itself.

The design is characteristic of a sleek and modern fast food establishment. The project site has been thoroughly planned to enable ideal operations such as safe circulation of pedestrians and vehicles, ample space to accommodate a queue of vehicles, and a second drive-thru ordering station. These design choices are intended to mitigate periods of high-volume and reduce congestion in the parking lot. The perimeter of the site is connected via public right of ways for pedestrian and vehicle traffic. The internal pedestrian circulation will connect to the sidewalks of 133rd Street, 134th Street, and Inglewood Avenue. The surrounding neighborhood has also been considered in the design and will benefit from provisions to reduce noise and light disturbances. Security lighting shall be pointed down and prohibits light from spilling onto adjacent parcels. The noise generated at the ordering stations is subject to the Exterior Noise Standards of the HMC to eliminate cause for nuisance and to be in harmony with contiguous parcels.

The overall design will be of quality that will preserve the integrity of, and upgrade, the existing neighborhood.

The current site conditions are that of overgrown vegetation, trash, and graffiti. The Code Enforcement Department has issued eight citations since 2014. The site design will upgrade the existing neighborhood through development of the abandoned and blighted parcel. Improvements are set to include new construction of a McDonald’s restaurant with a drive-thru, new landscaping, new parking lot and paving, new driveways, and a new crosswalk. The crosswalk will facilitate a safe and accessible path between the East and West sides of Inglewood Ave.

The design of the proposed project is in accordance with the general plan and all applicable provisions of the zoning ordinance.

This project has been reviewed for compliance with the General Plan Land Use Policy Designations and Standards. The project conforms to the General Plan’s land use designation for the General Commercial zone. Although City Staff does anticipate an increase in traffic as the restaurant will attract patrons, mitigation measures will be implemented to reduce congestion around the site. For example, the vehicle access point on 133rd Street will serve as an exit only to direct vehicles toward Inglewood Ave. This will mitigate the potential for vehicle stacking on 133rd Street.

This project is also in compliance with the goals and policies of the City’s Economic Development Element of the General Plan as follows:.
GOAL 1: The City will promote, assist and contribute to a sound local economy which attracts investment, increases the tax base, creates employment opportunities for Hawthorne residents and generates public revenues.
POLICY 1.1: The promotion of businesses that generate positive economic benefits to the community, including generating tax revenue, job creation and enhancing the quality of life for residents and visitors shall be encouraged and assisted.

In accordance with HMC Section 17.40.110, an order of the Planning Commission becomes final and effective 10 days after the date of notification to the applicant unless an appeal to the council is filed or the decision of the Planning Commission is called up for review by the City Council. On Monday, November 25, 2024, Councilmember Angie Reyes English called for review of the decision of the Planning Commission regarding CUP Application CU-2024-0007 and Design Review Application DR-2024-0011. This call for review came before the effective date. As required under HMC Sections 17.06.070 and 17.06.080, after a call for review is issued, a public hearing of the City Council was scheduled to formally consider the decision of the Planning Commission within 45 days.
HMC Sections 17.06.070(E) and 17.06.080 provide that the City Council, in reviewing a Planning Commission decision, may consider any issues associated with the decision. As established in HMC Section 17.06.070(F), the City Council may grant, deny, or modify, in whole or in part, the decisions being called for review, which in this instance are the resolutions approving Conditional Use Permit Application CU-2024-0007 and Design Review Application DR-2024-0011. HMC Section 17.40.170 requires that, when a decision is modified or reversed, the City Council must state the specific reasons for modification or reversal. Further, this section establishes that decisions on review shall be rendered by adoption of a resolution.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

N/A

FISCAL IMPACT:

None

NOTICING PROCEDURE:

Public Notice was provided as required under HMC Sections 17.06.070(B) and 17.06.080. Notice was given to the same recipients and in the same manner as for the original public hearing. The required notice for the original hearing is outlined in HMC Section 17.06.050(D). As directed by this section, property owners within 300 feet of the subject property, 13324 S. Inglewood Avenue, were mailed notice at least 10 days before the public hearing of the call for review, which takes place December 10, 2024. Further, notice was published in the Hawthorne Press Tribune on November 28, 2024, and again on December 5, 2024. The initial publication on November 28 met the standard of being published not less than 10 days before the public hearing.

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