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HomeMy WebLinkAboutSonic PC Staff ReportTitle: flikLJFOROM --;4- NitTIONAL ' „UP CORP 0,aC Al CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 3 July 15, 2013 PUBLIC HEARING - CONDITIONAL USE PERMIT AND PLANNED DEVELOPMENT PERMIT FOR A NEW DRIVE-1N AND DRIVE -THROUGH RESTAURANT WITHIN AN EXISTING SHOPPING CENTER, WITH AN EXCEPTION FOR LESS THAN REQUIRED PARKING, LOCATED AT 3007 HIGHLAND AVENUE. Case File No.: 2013-14 CUP, PD Location: Sweetwater Square Shopping Center Assessor's Parcel No.: 563-370-35 Staff Report By: Martin Reeder, AICP — Assistant Planner Applicant /Owner: SPG Management, LLC Plans Prepared By: MPA Architects, Inc. Combined General Plan/ Zoning Designation: MXD-2 (Major Mixed -Use District) Parcel Size: 4.57 acres Adjacent Land UselZoning: North: Kentucky Fried Chicken / MXD-2 East: Toys `R' Us / MXD-2 South: State Route 54 ' Vc.,toi. . v V GAcropolis Space Center / MXD-2 Environmental Review: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures) BACKGROUND Site Characteristics The project site is the Sweetwater Square Shopping Center on Highland Avenue, north of State Route 54, located in the Major Mixed -Use District (MXD-2) zone. There are three buildings in the center with over 120,000 square feet of commercial area and 584 parking spaces. Major tenants include El Super, China Super Buffet, Peter Piper's Pizza, Point Loma Credit Union, and Evans Tires. History The shopping center was originally constructed in 1974. A new 10,000 square - foot freestanding building was constructed in 1998, which currently houses Point Loma Credit Union, El Dorado Cleaners, and others. Proposed Use The applicant proposes to construct a new 1,395 square -foot drive-in fast food restaurant with a drive -through aisle and seven patio tables outside the restaurant. The restaurant would operate from 6:00 a.m. to midnight daily. Construction would necessitate removal of 44 parking spaces. Significant amounts of new landscaping are also proposed. Analysis General Plan A restaurant is a commercial use, which is consistent with the mixed -use land use designation established for this area of the City. Surrounding land uses are similar in scope, with MXD-1 and 2 zones located across Highland Avenue to the west. There are two General Plan policies that reference fast food restaurants: li: Encourage th development b establishments entn Policy HEJ-4.�. the u+Cv�ci►�p:riii+cri� of h2al�hy. food .,ne����.���T.,��t.� in areas with a high concentration of fast food establishments, convenience stores, and liquor stores. Policy HEJ-5,4: Discourage unhealthy fast food outlets from locating near schools. This end of Highland Avenue is generally not heavily concentrated with the type of businesses mentioned in HEJ-4.2, (north of 30th Street); however, there are two restaurants (KFC and Cntija Taco shop) located nearby the project location, both of which are considered fast food due to them having drive -through windows. Therefore, adding another fast food restaurant would not be consistent with this policy. However, it is not known if more healthy establishments were consulted or offered the opportunity to locate at the project location. With regard to HEJ-5.4, it is not clear how healthy or unhealthy the Sonic menu is. General information online does not suggest that Sonic is healthier or unhealthier than the average fast food franchise. However, the applicant has stated that Sonic has a unique menu, all made -to -order, which offers a level of freshness and quality that nearly all of the other fast food eateries lack. There are a number of items made from scratch, there is an extensive low -calorie drink menu, and Sonic offers higher -quality products (premium chicken, all -beef hot dogs, etc.) that are not typical of most fast food restaurants. Land Use Code Eating Places with a drive -through or that primarily serve take-out food are permitted in the MXD-2 zone with the issuance of a Conditional Use Permit. Chapter 18.41 — Site Planning Standards = also has specific design requirements for drive -through restaurants, including: • Minimum queuing distances (established by CUP). O Minimum 25-foot interior turning radius for drive -through aisles. d Location of drive -through window and landscaping requirements. The site plan shoves over 90 feet of vehicle .queuing distance prior to the ordering station. The drive -through aisle starts at the southeast corner of the proposed building, runs the length of the east side of the building, and then around and back down the west side. The ordering station is located on the north end of the building and the pick-up window at the end of the drive -through aisle at the southwest corner of the building. The long drive -through aisle will allow for efficient vehicle queuing and limit overflow into access or parking areas. The turning radius of the aisle is approximately 31 feet, which is in excess of the 25- foot minimum requirement. The Code requires that a drive -through window may not be located between the right-of-way and the building without a minimum 10-foot wide landscape buffer. The buffer shall have a minimum three-foot high hedge with trees spaced at least every 20 feet. The landscape plan for the project shows lots of trees and shrubs; however, minimum requirements are not quite met - no hedge is shown and trees are greater than 20 feet an center from each other. A Condition of Approval is included to require an approved landscape plan prior to construction. Planned Development Permit The PD permit was historically used to analyze design of large projects. In the newest iteration of the Land Use Code its does the same, but also allows for flexibility to the strict application of the Code. PD's apply to projects that are greater than two acres in size, which this project area is. As indicated in the title of this application, the applicant is requesting an exception to the parking requirements for the project, which is appropriate to facilitate through the PD process. Discussion of parking reductions occurs below. There is no definite or established architectural them in the shopping center. The original building (currently housing El Super and Chuze Fitness) has angled parapet roof features and the Credit Union building relies on a suspended awning feature for architectural relief. The proposed Sonic is mostly brick with a stone veneer -covered tower element at one end. The roof is yellow -colored metal. The drive -up parking areas would be covered by a white and silver metal awning, similar to that of a gas station, with yellow and red accents to match the building. Although the proposal is not similar to existing development, it does not clash with it and is also located 160 to 300 feet from other buildings in the center. Furthermore, it will add architectural interest to the shopping center. Conditional Use Permit Although a restaurant is a typical commercial use, a CUP is required to address issues associated with fast food restaurants. These issues are parking, circulation, air quality, Tight and glare, and noise. Parking/Circulation Sweetwater Square Shopping Center has 122,242 square feet of floor area, which requires 612 parking spaces (1 space per 200 square feet); there are 584 parking spaces existing, which indicates the center is under -parked by around 5% based on current requirements. Construction of the proposed Sonic would necessitate removal of 44 parking spaces. This would be a reduction of approximately 8% of existing spaces, although the center would technically be under -parked by almost 12% based on current Land Code requirements. Reduced parking is permitted under the Planned Development Permit process. In this case, building a new restaurant at the front of the lot, as is proposed, will help to break up the existing expanse of parking lot at this location. Mixed -use design guidelines call for parking lots to be in the rear of properties rather than d the Furthermore,havingo t use on the street frontage. a prominent ti i2 street frontage will create visual interest and draw additional customers to the center. Reduced parking is also permitted by the Land Use Code if the project is within a quarter -mile of a transit station. Proximity to a transit station would allow a maximum reduction of two spaces per 1,000 of floor area, 122 spaces in this case. Although the closest such station is over three-quarters of a mile away, there are two Metropolitan Transit System (MTS) bus routes that stop at this iocation — routes 929 and 961 — which would tend to offset the need for parking spaces somewhat. Both buses stop adjacent to the shopping center, one on 30m Street (961) and one on Highland Avenue (929). According to SANDAL data, a 1,395 square -foot fast food restaurant with a drive -through would generate approximately 900 average daily trips (ADT). Access to and from the site is provided by Highland Avenue and East 30th Street, both arterial streets operating at a Level of Service (LOS) of C and B respectively, and State Route 54, a freeway. According to the General Plan, the addition of 900 ADT would not increase capacities so as to decrease the current LOS of either street. Therefore, the existing street network can accommodate the additional traffic generated by the new restaurant. Given that the project area is near a freeway and is separated from residential or sensitive uses, light, glare, and/or noise are not issues. Vehicle noise would be no greater than what exists now, whereas the area is already fairly illuminated with existing signs and street/parking lot lighting. /C/\ Th p Categorically l ;r Exempt 1 CaliforniaEnvironmental Quality Act i i�t: project is ���-�,iic;cd�E under the �..a�ii (CEQA) pursuant to Class 3 Section 15303. This section allows for new construction or conversion of small structures. Specifically, subsection (c) of 15303 allows structures not involving the use of significant amounts of hazardous substances (including restaurants), provided they are less than 2,500 square feet in floor area. The proposed restaurant is 1,395 square feet in size, therefore consistent with this exemption. Summary The proposed use is not consistent with the Health and Environmental Justice element of the General Plan due to the concentration of fast food outlets in the area. It is also potentially inconsistent with a policy related to the discouragement of unhealthy restaurants close to schools. However, the proposed restaurant is consistent with the Land Use Code with the approval of a Conditional Use Permit. The franchise (Sonic) is well established and is a use that will be popular in the region. In addition, Conditions of Approval will ensure that the business operates in harmony with existing uses in the area. Furthermore, the potential impacts are minimal since the site is within an existing commercial shopping center property. Although reduced parking aw.wouid result from this development, adequate parking would still be available on site due to the lot not being overly utilized at present. The new restaurant will contribute to the continued viability of the existing shopping center, an established and allowed use in the applicable mixed -use zone. RECOMMENDATION 1. Approve 2013-14 CUP, PD subject to the conditions listed below, based on attached findings; or 2. Deny 2013-14 CUP, PD based on attached findings, findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Notice of Exemption 5. Public Hearing Notice (Sent to 36 property owners) 6. Site Photos 7. Applicant's Plans (Exhibit A, Case File No. 2013-14 CUP, PD, dated 5/15/2013) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2013-14 CUP, PD, Sonic 1. That the site for the proposed use is adequate in size and shape, since the proposed design meets all design requirements, and since the requested reduction in parking is Tess than 8% of existing parking spaces. 2. That the site has sufficient access to Highland Avenue and East 30th Street, both arterial streets operating at a Level of Service (LOS) of C and B respectively, and State Route 45, a freeway, to accommodate the additional 900 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained upon an existing shopping center property and the use is consistent with a commercial office use which is permitted in the Major Mixed -Use District zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will contribute to the continued viability of an existing shopping center, an established and allowed use in the applicable mixed - use zone. RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 2013-14 CUP, PD, Sonic 1 The proposed development is consistent with the General Plan, since a restaurant is a typical and permitted commercial use within the Mixed -Use zones, subject to a Conditional Use Permit. 2. The proposed development will not be detrimental to the public health, safety, and welfare; since the use is allowed with a Conditional Use Permit, and since all design requirements for fast food restaurants have been addressed by the approved design. 3. The proposed development will comply with the regulations of the Land Use Code, since all such requirements are met, with the exception of a reduction in the amount of required parking spaces. 4. The proposed development, when considered as a whole, will be beneficial to the community, since the addition of a new drive -up and drive -through restaurant will contribute to the viability of an existing shopping center, an established and allowed use in the applicable mixed - use zone. 5. The proposed reduction in parking spaces is appropriate for this location and will result in a more desirable project than would be achieved if designed in strict conformance with the development regulations of the applicable zone, since the project will help to break up the existing expanse of parking lot and add architectural interest to the shopping center. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act, since the project is considered to be categorically exempt pursuant to Class 3 Section 15303 of said Act. RECOMMENDED FINDINGS FOR DENIAL OF THE CONDITIONAL USE PERMIT 2013-14 CUP, PD, Sonic 1 That the proposed use will have an adverse effect upon adjacent or abutting properties, since there is a concentration of fast food restaurants in the immediate area, which is inconsistent with the General Plan. 2. That the proposed use is not deemed essential and desirable to the public convenience, since there are multiple fast food restaurants in the immediate area, which is inconsistent with the General Plan, and since the General Plan discourages unhealthy fast food restaurants located close to schools, such as Sweetwater Union High School and Olivewood Elementary school, both located within an quarter -mile of the project area. RECOMMENDED FINDINGS FOR DENIAL OF THE PLANNED DEVELOPMENT PERMIT 2013-14 CUP, PD, Sonic 1 The proposed development is not consistent with the General Plan, since there is a concentration of fast food restaurants in the immediate area, and since the project is located close to Sweetwater Union High School and Olivewood Elementary school. 2. The proposed development, when considered as a whole, will not be beneficial to the community, since there are multiple fast food restaurants in the immediate area, exacerbation of which is inconsistent with the General Plan. 3. The proposed reduction in parking spaces are not appropriate for this location and will not result in a more desirable project than would be achieved if designed in strict conformance with the development regulations of the applicable zone, since the center would be under - parked by approximately 12% based on current Code requirements. RECOMMENDED CONDITIONS OF APPROVAL 2013-14 CUP, PD, Sonic G9neral 1. This Conditional Use Permit and Planned Development Permit authorizethe construction a 1,395 square -foot drive-in and drive -through fast food restaurant with patio dining with an exception for the removal of 44 parking spaces. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2013-14 CUP, PD, dated 5/15/20113. 2. Within four (4) days of approval, pursuant to Fish and Lame Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payabEe to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Land Use Code. 4. Before this Conditional Use Permit and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of these permits, Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permits. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 5. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California E3uildirlg, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 6. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 7 The completed NPDES check list indicates this is a priority project 2 copies off the Storm Water Management Plan and Hydromodification Determination and review fee of $2,000.00 shall be submitted after Planning Commission approval. 8. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk or driveway openings. Adjacent properties shall be protected from surface run- off resulting from this development. 9. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and of site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers and/or site design BMP. Best Management Practices for the maintenance of the parking rot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department or on the City of National City web site. 10.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining anal! design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shah be 2 inch A.C. over 4 inch (.;;ass II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 12.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. 13.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 14.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 15.A cost estimate for ail of the proposed grading, drainage, street improvements, landscaping and retaining wail work sha be submitted with the pians. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 16.The owner/developer shall be required to remove and replace three existing pedestrian ramps per San Diego Regional Standard Drawing (SDRSD) G- 29 and the adjoining spandrels per SDRSD G-12, as marked out in the field. Fire 17. The project shall be designed, installed, tested and approved in compliance with the 2010 edition of NFPA and 2010 edition of the CFC. 18. Hood suppressions plans shall be submitted directly to the National City Fire Department through permit. 19.Signs used for utilities shall follow National City Fire Department "Handout" requirements. 20.A fire sprinkler system shall be required if the fire area exceeds an occupant load of 100 or more. This would be described as the area available, not area used. Planning 21.A landscape and underground irrigation plan shall be submitted as part of the building permit process. The plans shall meet minimum landscape requirements of the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet on center along the Highland Avenue street frontage. 22.A covered trash enclosure shall be provided. Construction plans shall show the location and details of the enclosure to the satisfaction of the Planning, Fire, and Engineering Departments. Sweetwater Authority 23.A letter shall submit a letter to the National City Fire Department stating fire flow requirements. 24. Proposed water demands for domestic and irrigation uses in gallons per day shall be submitted to Sweetwater Authority. 25. Installation of new water services will require the installation of an approved backflow prevention assembly. 26. Water facilities shall not be located within three feet of the edge of driveway aprons. 27.Ten feet of horizontal separation shall be maintained between sewer and water laterals. CALIFORNIA -.Pe- NATIONAL Cny Dvcoripmeasto CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Preset Title: 2013-14 CUP, PD Project Location: 3007 Highland Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description cf Nature, Purpose and Beneficiaries of Project: Conditional Use Permit and Planned Development Permit for a new 1,395 square -foot drive-in and drive -through restaurant within an existing commercial shopping center. Applicant: Telephone Number: SPG Management, LLC. (619) 445-4564 ext. 1026 c/o: Kasey Suryan 2892 South Santa Fe Avenue, suite 107 San Marcos, CA 92069 Exempt Status: Categorical Exemption. Class 3 Section 15303 (New Construction or Conversion of Small Structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since construction of the restaurant will not involve the use of significant amounts of hazardous substances and since the restaurant will be less than 2,500 square feet in floor area. Date: MARTIN REEDER, AICP Assistant Planner CALIFORNIA -�- NATcrity IONAL tav maiLpo.00 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT AND PLANNED DEVELOPMENT PERMIT T FOR A NEW DRIVE-IN AND DRIVE -THROUGH RESTAURANT WITHIN AN EXISTING SHOPPING CENTER, WITH AN EXCEPTION FOR LESS THAN REQUIRED PARKING, LOCATED AT 3007 HIGHLAND AVENUE. CASE FILE NO.: 2013-14 CUP, PD APN: 563-370-35 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, Juiy 15, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: SPG Management, LLC) The applicant proposes to construct a new 1,395 square -foot drive-in fast food restaurant with a drive -through and patio dining. The restaurant would operate from 6 a.m. to midnight daily. Construction would necessitate removal of 44 parking spaces. Hans are available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 5:30 p.m., July 15, 2013, who can be contacted at 619-336-4310 or planninq(anationalcitvca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL- CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director 2013-14 CUP, PD — Sonic. — Site Photos Project site looking north Project site looking east Project site looking south Project site looking south