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CITY OF NATIONAL CITY - PLANNING DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Title:
Case File No..
Property Location:
Assessor's Parcel No.:
Staff report by:
Applicant:
Zoning designation:
Project size:
Adjacent land use/zoning:
North:
East:
South:
West:
Environmental review:
Item no. 6
August 19, 2013
PUBLIC HEARING - CONDITIONAL USE PERMIT
t-OR A NEW FAST FOOD RESTAURAN I i O BE
LOCATED AT 2100 HIGHLAND AVENUE.
2013-12 CUP
2100 Highland Avenue
560-320-15
Martin Reeder, AICP — Principal Planner
The Focus Group
Major Mixed -Use Corridor (MXC-2)
0.27 acres
Restaurant across 21st St. / MXC-2
Liquor Store / MXC-2
AutoZone I MXC-2
Multi -Family Residential across alley / RM-3
Categorically Exempt pursuant to Class 3 Section
15303 (New Construction or Conversion of Small
Structures)
BACKGROUND
Site Characteristics
The project site is an approximately 11,700 square -foot properly located on the east
side of Highland Avenue south of East 21st 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 ui future development. t. T i le AutoZone Vitas
constructed in approximately 2011.
This item is being processed concurrently with a Code Amendment requesting to modify
Sections 18.30.360 and 18.41.020 (C) to allow fast food restaurants to locate within 300
feet of residential properties and to reduce the required minimum interior turning radius
for drive through aisles.
Proposal
The applicant proposes to construct a new 2,150 square -foot fast food restaurant. The
restaurant will have an approximately 900 square -foot dining room and a drive -through.
The property owner is 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.
As part of the design process for the proposed fast rood restaurant, the applicant has
had challenges meeting drive -through site planning standards due to the compact and
developed nature of the site. Once amended, section 18.41.020(C) (2), which requires
a minimum 25-foot interior turning radius for drive -through aisles, would allow a lesser
radius as approved by the City Engineer. In this case, the Engineer has approved the
reduced radius.
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 MXC-2 zoning located north and south along this segment of Highland
Avenue.
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 Bivd. 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 Polio Loco 1700 Block
Las Ranchero's (vacant) 1700 Block
Lack 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, although school children would be passing by
frequently.
Land Use Code
Eating Places with a drive -through or that primarily serve take-out food are permitted in
the MXC-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, inciuding:
• Minimum queuing distances (established by CUP).
• Minimum 25-foot interior turning radius for drive -through aisles.
• Location of drive -through window and landscaping requirements.
The site plan shows almost 100 feet of vehicle queuing distance prior to the ordering
window. The drive -through aisle starts at the eastern side of the driveway entering from
21st Street, approximately 100 feet from the street. The drive -through aisle travels
around the building, exiting 80 feet away from the drive -through entrance,
approximately 10 feet from 215 Street. The proposed pick-up window is at the north end
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 20 feet, which although less than the 25-foot minimum requirement, has
been approved by the City Engineer (consistent with the amended section 18.41.020).
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 that a 10-foot buffer will be installed, but does
not specify the types of plants and trees. A Condition of Approval is inciude.d to require
an approved landscape plan prior to construction.
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 include parking, circulation, air
quality, light and glare, and noise.
Parking/Circulation
The proposed design reconfigures the parking lot, adding spaces in front of Autozone,
but removing spaces where the drive -through entrance and exits are located; 37 spaces
are shown as proposed (an overall reduction of one space). Required parking for the
commercial use (Autozone) is 26 spaces, leaving 11 spaces remaining. Restaurant
parking is based on floor area — 10 spaces per 1,000 square feet. For purposes of this
project, only the seating area is analyzed, which is approximately 900 square feet. Per
the 37-space design, the maximum size of the seating area would not be able to
exceed 1,000 square feet. This would require 11 parking spaces, the available parking
after discounting spaces attributed to Autozone. A Condition of Approval limits the
maximum seating area permitted.
According to SANDAG data, a 2,150 square -foot fast food restaurant with a drive -
through would generate approximately 1,398 average daily trips (ADT). Access to and
from the site is provided by Highland Avenue, an arterial street operating at a Level of
Service (LOS) of C. According to the General Plan, the addition of 1,398 ADT would not
increase capacities so as to decrease the current LOS. The current ADT capacity of
Highland Avenue is 30,000 with a current ADT of 17,900. Therefore, the existing street
network can accommodate the additional traffic generated by the new restaurant.
Air quality, light/glare, and noise
Air quality was analyzed as part of the CEQA Checklist for the Negative Declaration
related to the associated Code Amendment. No impacts were identified as part of that
analysis.
Light and glare are potential issues all along Highland Avenue, where commercial uses
are in close proximity to residential uses. Section 18.46 of the Land Use Code (LUC)
requires that ail light sources be directed away from adjacent properties. Furthermore, a
condition has been added to require any elevated signage to face north or south in
order to limit exposure of residential uses to the east and west.
Noise issues related to fast food restaurants are usually an issue of vehicle queuing
and ordering windows/speakers. The queuing is not likely to be an issue given the
almost 100 feet of vehicle queuing space available. In order to address speaker noise
the applicant has stated that they will utilize noise -attenuating speakers at the ordering
window. This type of speaker automatically adjusts its volume to compensate for
ambient noise (streets, vehicles, etc.). Therefore, the volume is lower during quieter
periods, such as at night. There is a condition requiring the noise -attenuating speakers.
Public Noticing
Given that many of the properties adjacent to the Highland Avenue NIXC-2 corridor are
not owner -occupied, the additional noticing required by the associated Code Amendment
has provided additional notice over previous applications. Public Notices were mailed to
379 occupants — mostly area apartment tenants — as well as 34 property owners.
CEQA
The project is Categorically Exempt under the California Environmental Quality Act
(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 2,150 square feet in size, therefore consistent with this exemption.
Summary
The proposed use is generally consistent with the Health and Environmental Justice
element of the General Plan. Although there are several other fast food outlets within
10 blocks each way of the site, the outlets are not concentrated in most cases. It is also
potentially inconsistent with a policy related to the discouragement of unhealthy
restaurants close to schools. The ultimate tenant may be different than currently being
considered; however, the nearest schools are a quarter -mile away. This is not
necessarily nearby, but school children would be passing by frequently.
The proposed restaurant is consistent with the Land Use Code with the approval of a
Conditional Use Permit. Conditions of Approval will ensure that the business operates
in harmony with existing uses in the area. The potential impacts are minimal since
design guidelines ensure an appropriately -designed project. The new restaurant will
contribute to the viability of the property and will help to utilize an existing vacant lotipad.
RECOMMENDATION
1. Approve 2013-12 CUP subject to the conditions listed below, based on attached
findings; or
2. Deny 2013-12 CUP 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 413 property owners and occupants)
6. Site Photos
7, Applicant's Plans (Exhibit A, Case File No. 2013-12 CUP dated 7/1/2013)
MARTIN REEDER, AICP
Principal Planner
RECOMMENDED FINDINGS FOR APPROVAL
OF THE CONDITIONAL USE PERMIT
2013-12 CUP — 2100 Highland Ave.
1 That the site for the proposed use is adequate in size and shape, since the
proposed design meets all design requirements, with the exception of a reduced
interior drive -through aisle radius that has been approved by the City Engineer.
2. That the site has sufficient access to Highland Avenue, an arterial street operating
at a Level of Service (LOS) of C, to accommodate the additional 1,398 average
daily trips (AD T).
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the use is located adjacent to the street, and since design
guidelines ensure an appropriately -designed project and since the use is
permitted in the Major Mixed -Use Corridor 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
commercially -zoned property, an established and allowed use in the applicable
mixed -use zone.
RECOMMENDED FINDINGS FOR DENIAL
OF THE CONDITIONAL USE PERMIT
2013-12 CUP — 2100 Highland Ave.
1 That the proposed use will have an adverse effect upon adjacent or abutting
properties, since there is a potential concentration of fast food restaurants in the
immediate area, which is inconsistent with the Genera! Plan.
2. That the proposed use is not deemed essential and desirable to the public
convenience, since there are multiple fast food restaurants along Highland
Avenue, which is inconsistent with the General Plan, and since the General Plan
discourages unhealthy fast food restaurants located close to schools, such as Otis
Flernentery School Rod Oiivewood Elementary school, both located approximately
a quarter -mile from the project area.
RECOMMENDED CONDITIONS OF APPROVAL
2013-12 CUP — 2100 Highland Ave.
General
1. This Conditional Use Permit shall not be considered valid, nor construction plans
accepted for a fast food restaurant, until the Code Amendment associated with
Case File No, 2013-12 A, IS has been approved.
2. This Conditional Use Permit authorizes the construction! a 2,150 square -foot drive -
through fast food restaurant. Except as required by conditions of approval, all plans
submitted IiLLCd IUI pelJilJls QJr�U�.lal'rU 11VJLJ II LJ Ie JI UJ L.L cUILA 1 I!I! LU EA] IJUiE k, �a e FiIe
No. 2013-12 CUP dated 7/1/2013.
3. The maximum seating/dining area shall not exceed 1,000 square -feet based on 37
parking spaces provided for the whole property (Autozone and restaurant).
4. Within four (4) days of approval, pursuant to Fish and Game 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 payable to the County Clerk and submitted to the National City Planning
Department.
5. 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.
6. Before this Conditional Use 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 the permit. Failure to return the signed and notarized Acceptance
Form within 30 days of its receipt shall automatically terminate said permit. 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 are binding on all present or future interest holders or estate
holders of the prooe; y The Notice of Restriction shall approved a to form by the
holdere f V• it be approved V ►J the
City Attorney and signed by the Executive Director prior to recordation.
Building
7. Piens submitted for improvements in 2013 must comply with the 2010 edition of the
'�Jiforn a Bu ldina !ectri iPlumbing, Mechanical, and Fire C'.odes. if submitted in
2014, plans submitted for improvements must comply with the 2013 edition of the
Califomia Building, Electrical, Plumbing, Mechanical, and Fire Codes.
Engineering
8. All surface run-off shall be treated with an approved Standard Urban Runoff
Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSIVMP
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 off -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 lot,
including sampling, monitoring, and cleaning of private catch basins and storm
drains, shah 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 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.
12.A cost estimate for all of the proposed grading, drainage, street improvements,
landscaping and retaining wall work shall be submitted with the plans. 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.
Fire
13. The project shall be designed, installed, tested and approved in compliance with the
2010 edition of NFPA and 2010 edition of the CFC.
14. Hood suppressions plans shall be submitted directly to the National City Fire
Department through permit.
15. Signs used for utilities shall follow National City Fire Department 'Handout"
requirements.
16.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
17.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 and East 21st Street frontages.
18. Plans shall conform to minimum turning radius requirements for drive -through
businesses unless the code is amended to approve a lesser radius.
19. Vehicular queuing operation shall be subject to future ievie'vv and potential
modification if problems related to parking, property ingress/egress, or street
operation are noted as a result of business operations.
20. Business operations shall comply with Municipal Code Title 12 (Noise) at all times.
Plans submitted for construction shall reflect the use of sound -attenuating speakers
that automatically reduce the volume of ordering speakers during periods of low
ambient noise.
21.If a business other than Popeye's becomes the tenant of the restaurant,
architectural plans submitted for construction shall be consistent with approved
plans. !Modifications of approved plans may require subsequent Planning
Commission approval, depending on the level of conformance.
22. Plans submitted for construction shall conform to Land Use Code Section 18.46
(Outdoor Lighting). All pole -mounted, monument, or other elevated signage shall be
oriented to the north and/or south so as not to shine towards adjacent residential
properties.
NivrioNAL entr
i
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
Project Title: 2013-12 CUP
Protect Location: 2100 Highland Avenue, National City, CA 91950
Contact Person: Martin Reeder Telephone Number: (619) 336-4313
Description of Nature, Purpose and Beneficiaries of Project:
Conditional Use Permit and Planned Development Permit for a new 2,150 square -foot
drive -through restaurant on an existing commercially -developed property.
Applicant:
The Focus Holding Co., LLC.
c/o: Todd Dwyer
7938 Ivanhoe Avenue, suite 200
La Jolla, CA 92037
Telephone Number:
(619) 491-9200
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
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT FOR A
NEW FAST FOOD RESTAURANT
TO BE LOCATED AT 2100 HIGHLAND AVENUE.
CASE FILE NO: 2013-12 A, CUP, IS
The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m.
Monday, August 19, 2013, in the City Council Chambers, 1243 National City Blvd., National
City, California on a proposed request (The Focus Group, LLC).
The applicant proposes to construct a new 2,150 square -foot fast food restaurant. The
restaurant will have an approximately 900 square -foot dining room and a drive -through.
Members of the public are invited to comment. Any person interested in this matter may appear
at the above time and place and be heard. Written comments should be received by the
Planning Division on or before 12 p.m., August 19, 2013. Planning Division staff may be
contacted at 619-336-4310 or planning(a nationalcityca.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 public hearing entity conducting the hearing at, or prior
to, the public hearing.
PLANNING DEPARTMENT
BRAD RAULSTON
Executive Director
Site Photos — 2013-12 CUP — 2100 Highland Avenue
Overhead view
Property looking southwest