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Home My WebLink About31B - CUP 115 N HARBOR BLVDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2008-27 TO ALLOW A DRIVE THROUGH WINDOW AT A RITE AID DRUG STORE AT 115 NORTH HARBOR BOULEVARD - STANTEC, APPLICANT - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2008-27 as conditioned. PLANNING COMMISSION ACTION On September 22, 2008, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2008-27 as conditioned by a vote of 5:0 (De La Torre and Mill absent) to allow a drive-through window service at a Rite Aid drug store at 115 North Harbor Boulevard in the North Harbor Specific Plan (SP2) The Planning Commission added conditions of approval that required the applicant to submit a revised site plan, architectural plans and landscape plan for Commission review and approval. In addition, the Commission added a condition that required an analysis of potential traffic along Figueroa Street that will result from the new Figueroa Street driveway (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. C . Trevino Executive Director Planning & Building Agency LDY:rb of/Reports/CUP08-27 Harbor Rite Aid drive-thru.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2008 TITLE: PUBLIC HEARING - FILED BY STANTEC FOR CONDITIONAL USE PERMIT NO. 2008-27 TO ALLOW A DRIVE THROUGH WINDOW AT A RITE-AID DRUG STORE AT 115 NORTH HARBOR BOULEVARD Prepared by Larry D . Yengl in PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO e ~ Exe utive ector Planning Mana RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2008-27 as conditioned. DISCUSSION Request of Applicant Ms. Tamara Fenner of Stantec, representing Rite-Aid Drug Store, is requesting approval of a conditional use permit to allow a drive-through window service for a new pharmacy at 115 North Harbor Boulevard. Property Description The subject location is a 1.45 acre site located at the northeast corner of West First Street and North Harbor Boulevard. The site has a current zoning designation of SP-2 (North Harbor Specific Plan) and is located in the General Commercial land use category. The General Plan land use designation is General Commercial (GC). Surrounding land uses to the north, south, east and west are primarily commercial uses, with single- family homes also located east and northeast of the site (Exhibits 1 and 2 ) . Project Description The applicant proposes to construct a two-level, 15,327 square foot Rite- Aid drug store with drive-through window service. The first floor consists of approximately 14,586 square feet and will contain the retail and pharmacy functions of the business, with a 741 square foot second floor mezzanine to be used for storage and utility purposes. The retail store will be open from 9:00 a.m. to 10:00 p.m., seven days per week. E31B 2 Conditional Use Permit No. 2008-27 September 22, 2008 Page 2 The architecture of the building is a contemporary design with a simple massing punctuated by raised architectural features near the building entrance. The building will be finished with plaster and will have cultured stone at the base of the building and on the decorative pilasters. The building will also contain decorative awnings on all four sides with a Spanish the roofing material and a painted foam cornice. The project provides the required 77 parking spaces and meets the commercial and North Harbor Boulevard Specific Plan landscape standards (Exhibits 3, 4 and 5) . Rite-Aid is also proposing to obtain a Type 21 alcoholic beverage control (ABC) license to allow the off-premise sale of beer, wine and distilled spirits. A separate public hearing for this conditional use permit is to be held by the Zoning Administrator on September 24, 2008. Analysis of the Issues The North Harbor Specific Plan requires an approved conditional use permit for any drive-through facility, including drive-through window service for drug store pharmacies. As the Rite-Aid at this location is proposing a drive-through window for their pharmacy, a conditional use permit is required. The drive-through window will provide a convenient service to customers by allowing residents of the area the ability to purchase items generally unavailable during the later hours from other retail establishments. Further, drive-through window service is a common component of new stand-alone drug stores operations. The window service will provide a service to the community by making the pharmacy convenient to those customers needing medical supplies. To prevent the site from. becoming an attractive nuisance, the Planning Division is recommending conditions of approval to mitigate potential impacts resulting from the drive-through service. These conditions include the installation of an electronic shopping cart system to maintain shopping carts on the premises and a requirement for low-volume speakers for the drive-through facility to minimize noise impacts to adjacent uses. Several issues related to on-site circulation, traffic access, and architecture were recently resolved between staff and the applicant. As such, these changes are not reflected on the attached plans as shown on Exhibit 3. Conditions of approval have been added to address these recent changes. They include the closure of the First Street driveway, the installation of a driveway on Figueroa Street, the provision of an electronic cart containment system, the relocation and redesign of the trash enclosure and the placement of a new sewer line. 31 B-3 Conditional Use Permit No. 2008-27 September 22, 2008 Page 3 The proposed Rite-Aid building will significantly enhance an underutilized parcel that is located at a major City intersection. Further, the use will provide a benefit and service to the local community. Based upon the analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-27 as conditioned. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that is an in-fill project in an urban area that conforms with the zoning and General Plan. Categorical Exemption Environmental Review No. 2008-142 will be filed for this project. Larry Ye in, AICP Associate anner LDY:jm ldy/Reports/CUP's 2008/CUP08-27 Harbor Rite Aid drive-thru.092208.pc ~V ~--- Vince Fre oso, AICP Principal nner 31 B-4 Rt l Rl l ~ R R cIR. _ cny d ,. R' SP-2 S2 R2 R2 R1 R1 _ GanleRGroYe - „ R1 R1 ~y4. ~ A IR. 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'AMN.Vk Ci••Y brc•~n•;n WirYums 36"" '31a:m Ir};te' 'Crysaeor. ie:+gesxne' D°iG 3302L ugt Roa'.~g 3Sl.+ 'Reaex 3iaae ~;' '9;,mr Cvenge 9rowr fksbea" .9 w W 0 -~ W ~ ~ +`. y- ~;-:, Perspective View From Intersection KO- 9/26/08 RESOLUTION NO.2008-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-27 TO ALLOW A DRIVE- THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 115 NORTH HARBOR BOULEVARD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2008-27 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 22, 2008. B. Conditional Use Permit No. 2008-27 has been filed with the City of Santa Ana seeking to allow adrive-through window service for a new pharmacy at 115 North Harbor Boulevard. C. Pursuant to the North Harbor Specific Plan section 3.5.2, a Conditional Use Permit is required for adrive-through facility. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed drive-through window service for the pharmacy will contribute to the well being of the neighborhood by providing a location that allows after hour access to medicine and the pharmacy. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed drive-through window will not be detrimental to the health, safety or general welfare of persons working or residing in the vicinity. The site has been designed to Resolution No. 2008-32 31 B -12 Page 1 of 8 prohibit access from First Street, which reduces potential for traffic accidents to occur adjacent to the site. Further, the Police Department has incorporated conditions of approval that will minimize the potential for adverse impacts, such as noise and loitering, from occurring on the premises. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The drive-through window service will not adversely affect the present economic stability or future economic development in the area. The proposed drug store and drive-through window operation enhances the economic condition of the surrounding properties as the project is replacing an underutilized use with a viable business. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project has been designed to comply with all applicable standards and conditions found in Chapter 41 for this use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan or North Harbor Specific Plan. Drive-through windows are ancillary uses to many drug stores and pharmacies in the City and are permitted on commercially designated sites. Further, the use is consistent with goals and objectives of the Land Use Element, including Goal 2, which promotes land uses which enhance the City's economic and fiscal viability, and Goal 3, which improves the character and integrity of existing neighborhoods. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that is an in-fill project in an urban area that conforms with the zoning and General Plan. Categorical Exemption Environmental Review No. 2008-142 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2008-27 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Resolution No. 2008-32 31 B -13 Page 2 of 8 Commission Action dated September 22, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of September, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre, Mill (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-32 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-32 31 B -14 Page 3 of 8 Conditions for Aaaroval for Conditional Use Permit No. 2008-27 Conditional Use Permit No. 2008-27 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division Prior to submittal into building plan check, submit a final architectural plan for review and approval by the Planning Commission. Modified by Planning Commission on September 22, 2008 2. Prior to submittal into building plan check, revise the site plan to depict the location of bicycle racks. 3. Prior to submittal into building plan check, submit a final landscape plan for review and approval by the Planning Commission. The plan shall include details of the corner treatment at First Street and Harbor Boulevard. Modified by Planning Commission on September 22, 2008 4. Prior to submittal into building plan check, revise the site plan to depict trash trucks and WB-30 trucks movements to the trash and loading areas that do not interfere with the drive-through lane. 5. Prior to submittal into building plan check, revise the site plan to note all existing signs are to be removed from the site and a new sign package is to be submitted. 6. Prior to submittal into building plan check, revise the site plan to depict decorative pavement treatments for the project driveway and pedestrian circulation system. The pavement shall include different materials, patterns and color than the parking lot. Exhibit A Resolution No. 2008-32 Page 4 of 8 31 B-15 7. Prior to submittal into building plan check, provide specifications for all on- site lighting fixtures. 8. Prior to submittal into building plan check, revise the site and floor plans to depict the location of the shopping carts storage areas. Shopping carts cannot be stored outside of the building. 9. Prior to submittal into building plan check, revise the site plan to note the installation of a shopping cart containment system. The electronic cart containment system shall be installed prior to issuance of certificate of occupancy. 10. Prior to submittal into building plan check, revise the site plan to incorporate the following notes: a. Roof access ladders shall be provided in the interior of the building. b. Exposed downspouts, scupper drains, electrical conduit or mechanical lines are not permitted on the building. c. Hose bibs shall be mounted flush with the building. d. Parking spaces shall be double striped and designed to City Standards. e. Electrical and mechanical enclosures will be contained within the regular footprint of the building. f. All roof mounted mechanical equipment shall be screened by the building parapet so that it will not be seen by the public. 11. Prior to submittal of building plan check staff shall complete a qualitative impacts analysis of the First Street driveway closure and the new driveway on Figueroa Street. Based upon the results of the qualitative analysis, the driveway location shall be approved by the Planning Commission. Added by Planning Commission on September 22, 2008. B. Public Works A~ency Prior to submittal into building plan check, revise the site plan to: Resolution No. 2008-32 Page 5 of 8 31 B-16 Depict the existing 12-inch public sewer main located in the adjacent alley, to be cut and plugged on both sides, prior to entering this site from Figueroa Street and Harbor Boulevard. 2. Depict the new location of the new sewer main and note the construction of a new 12-inch public sewer main in the new location as approved by the Water Resources Division as part of the sewer study prepared by the developer. The sewer relocation plan shall include all details for relocations of water mains and storm drain pipelines, if needed. Relocations of all utilities required for the sewer construction shall be at the developer's expense. 3. Depict no driveway approaches off First Street. For a safer vehicular maneuverability due to the close proximity to an un-signalized intersection, no curb cuts will be allowed on First Street. 4. Depict and note the points of connection of all the public utilities required to service the project site (i.e., sewer, water and storm drain). 5. Note a statement of the improvements, dedication and public utilities proposed to be made and installed, plus tabulation showing the total lineal feet and sizes of sewer main, number of water services, lineal feet of curb and gutter, lineal feet of sidewalk and square feet of pavement, etc. 6. Incorporate construction of proposed "Site Design" Best Management Practices (BMPs), such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into the drainage system, etc., to minimize the impervious areas and to maximize permeability and natural areas. 7. Incorporate construction of any proposed "Treatment Control" BMPs using the Best Available Technology (such as bio-filters, dry or wet detention basins, landscape detentions, wet ponds or wetlands, drainage inserts, filtration basins, etc.) and recommended sizing calculations near the pollutant source, so as to infiltrate and filter the pollutants of concern in post development runoff flow prior to its discharge into any receiving body of water. C. Police Department 1. Prior to submittal into building plan check, revise the site plan to shift the trash enclosures south away from the drive through entrance. Resolution No. 2008-32 Page 6 of 8 31 B-17 2. Prior to submittal into building plan check, revise the site plan to depict the trash enclosure with dimensions that meet current City of Santa Ana standards. 3. Prior to submittal into building plan check, revise the floor plan to show the drive through with a window that allows visibility for pharmacy staff. 4. Prior to submittal into building plan check, revise the site plan to note the drive through and approach is illuminated to a minimum maintained five foot candles of light. 5. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 6. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 7. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 8. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 9. Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 10. Install a silent armed robbery alarm. 11. There shall be no coin-operated games maintained on the premises at any time. 12. All pay telephones shall be located inside the premises. 13. The petitioner(s) shall be responsible for maintaining the premises free of litter. 14. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 15. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Resolution No. 2008-32 Page 7 of 8 31 B-18 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoingg document described as: Resolution No. 2008-32 (Conditional Use Permit No. 2008-27) in this action by p acing a rue copy ereof enclosed in sealed envelopes addressed as follows: Tamara Fenner Stantec 19 Technology Drive Irvine, CA 92618 Don Pieper Donald & Reid Pieper 13122 Laurinda Way Santa Ana, CA 92705 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-32 Page 8 of 8 31 B-19 31 B-20