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HomeMy WebLinkAboutBackground ReportBACKGROUND REPORT The project site is an approximately 11,700 square -foot property located on the east side of Highland Avenue south of East 21s1 Street. The block is comprised of three parcels and is in the MXC-2 (Major Mixed -Use Corridor) zone. The properties are developed with an AutoZone and a 38-space parking lot. There is also an undeveloped building pad located in the northeast corner of the lot that was installed at the time AutoZone was constructed, in anticipation of future development. The AutoZone was constructed in approximately 2011. The Planning Commission voted to initiate the Code Amendment at their meeting of June 17, 2013. The applicant has since also applied for a Conditional Use Permit that is being processed concurrently with the amendment and the environmental review. Since the property was developed, the previous property owner tried to market the vacant pad to potential commercial tenants, with most interest received from fast food companies. Generally, a fast food restaurant is permitted in most commercial and mixed -use zones with the issuance of a Conditional Use Permit. However, they may not be located within 300 feet of residential properties. Specifically, section 18.30.360 of the Land Use Code reads as follows: Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties. The current property owner (applicant) is currently negotiating with Popeye's (a fast food restaurant), currently located at 2333 Highland Avenue, to facilitate the relocation of the restaurant to the subject site. It is not known at this time if Popeye's will be the ultimate tenant or another restaurant franchise. However, the general proposal involves a new drive -through fast food restaurant. In order for this to be possible a Code Amendment would be needed to modify or remove section 18.30.360. The applicant and staff have worked together on proposed Code language that would accommodate the needs of the applicant without removing the City's ability to regulate the approval of potential fast food restaurants. It also addresses the need to notify all stakeholders (both property owners and occupants) affected by potential development as part of any CUP process. Proposed language amends the 300-foot buffer requirement to add a caveat precluding properties in the MXC-2 and MXD-2 zones. It also requires occupant notification, in addition to property owner notification, for all potential fast food OUP's, regardless of location. The proposed language (modifications underlined) reads as follows: 18.30.360 - Fast food eating places. A. Additional Notice Required. In addition to notices required pursuant to Section 18.12.050, written notice for a public hearing on a conditional use permit for a fast food eating place shall be provided to occupants of property within a radius of three hundred feet of the exterior boundaries of the property where the fast food eating place will be located. B. Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties, except for those located within the MXC 2 or MXD 2 zone. As part of the design process for a potential new fast food restaurant with drive -through at the subject location, the applicant has had challenges meeting drive -through site planning standards due to the compact and developed nature of the site. Specifically, section 18.41.020(C) (2) requires a minimum interior turning radius for drive -through aisles of 25 feet. In this case the design is severely restricted by the small area that can be developed. To alleviate this issue, the applicant wishes to have a lesser radius approved (20 feet). Rather than change the Code to reflect a smaller minimum, staff has suggested that language be added to allow review on a case -by -case basis through the CUP process. The City Engineer has agreed to this change, which would be as follows: 18.41.020 - Nonresidential site planning standards. C. Drive -Through Businesses. 2. Drive through business aisles shall have a minimum interior turning radius of 25 feet for any curves. A smaller radius may be established through the conditional use permit process with the approval of the City Engineer. The most recent iteration of the Land Use Code includes specific design guidelines for drive -through restaurants that were not included in the previous iteration of the Code. As well as minimum turning radii for aisles, as discussed above, minimum vehicular queuing distance and drive -through window location are also regulated. Furthermore, the requirement for a CUP allows staff to mandate other conditions on a case by case basis, as required. The MXC-2 (Major Mixed -Use Corridor) and MXD-2 (Major Mixed -Use District) zones are both areas of high -intensity commercial use. The MXC-2 zone includes Highland Avenue south of Plaza Blvd. and East 8th Street from Downtown to Interstate 805. The MXD-2 zones are located at the intersection of Plaza and Highland, east of Paradise Valley Hospital, along Sweetwater Road, and at Westfield Plaza Bonita. Most of the areas that would be affected by this Code Amendment, should it be approved, would be along Highland Avenue and 8th Street; most of the MXC-2 zoning in this area is in some cases only a half block from residential zoned properties. A map showing the areas potentially affected is included with this report. However, it should be pointed out that any potential fast food restaurant would still require a CUP, regardless of which zone it is allowed in. According to staff research, there are a total of 218 MXD-2-zoned properties and 329 MXC-2-zoned properties. Of these 547 parcels, approximately 139 (25%) are further than 300 feet away from residential zoned properties and could potentially be developed with a fast food restaurant today (with an approved CUP). If the Code is changed, an additional 408 parcels would have the same potential. However, based on staff research, all but approximately 42 of these affected parcels are developed, leaving about 8% of overall affected parcels with development potential. Most of the MXC-2-zoned properties (the zone the project location is within) are located along Highland Avenue. Given that many of these properties are not owner -occupied, the additional noticing requirement for tenants/occupants would ensure that these stakeholders are still part of the process. For example, the associated Conditional Use Permit for this location has been noticed to 379 occupants. There are two General Plan policies that reference fast food restaurants: Policy HEJ-4.2: Encourage the development of healthy food establishments 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 segment of Highland Avenue is generally not heavily concentrated with the type of businesses mentioned in HEJ-4.2 (between Plaza Blvd. and 30th Street). Out of the 20 blocks in this segment there are eight fast food restaurants: Roberto's Taco Shop 1400 Block McDonald's 1600 Block El Pollo Loco 1700 Block Las Ranchero's (vacant) 1700 Block Jack In the Box 1700 Block Wienerschnitzel 1800 Block Tacos el Gordo 1900 Block Popeye's Chicken & Biscuits (no drive -through) 2300 Block With the exception of the 1700 block of Highland Avenue, there is less than one fast food restaurant on each block. It is not known if more healthy establishments are being consulted or have been offered the opportunity to locate at the project location. With regard to HEJ-5.4, it is not clear how healthy or unhealthy the ultimate menu will be due to the uncertainty of the eventual tenant. However, the nearest schools (Otis Elementary to the north and Olivewood Elementary to the south) are approximately a quarter -mile away — not particularly near. A CEQA (California Environmental Quality Act) checklist was prepared to analyze the potential for any significant impacts to the environment as a result of this project. No such impacts were identified. The checklist found that adopting this Code Amendment would not have an effect on animal or plant life, eliminate examples of California history, or have a substantial adverse effect on human beings, either directly or indirectly. It found that cumulative impacts of additional fast food restaurants would not be over and above the same properties being developed with currently permitted commercial uses. Any changes to the existing land use framework were considered in the City's General Plan and the City is prepared to accept the development anticipated. A copy of the CEQA checklist and the associated Negative Declaration are attached to this report. The most recent Land Use Code has bolstered the requirements for fast food restaurants. As a result, any new restaurants will be less likely to have negative impacts on surrounding uses. Although the 300-foot buffer from residential zoned properties is still appropriate in minor mixed -use zones (among others), allowing such restaurants in major mixed -use areas where other high -intensity uses are located would have less of an impact. This is particularly germane given that a Conditional Use Permit is still required for a fast food restaurant. Therefore, additional studies regarding lighting, noise, traffic, aesthetics, etc. can be required or conditioned on a case by case basis. More importantly, approving the Code Amendment would not result in automatic permission to build a fast food restaurant anywhere in the City. Changes to Title 18.30.360 and 18.41.020 were prepared and considered by the Planning Commission on August 19, 2013. The Commission voted to recommend approval of the amendments and also to adopt the Negative Declaration.